Academic literature on the topic 'Criminal judge'

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Journal articles on the topic "Criminal judge"

1

Ramiyanto, Ramiyanto. "ULTRA PETITA DECISIONS IN THE CONTEXT OF CRIMINAL LAW ENFORCEMENT IN INDONESIA." Jurnal Hukum dan Peradilan 10, no. 1 (2021): 173. http://dx.doi.org/10.25216/jhp.10.1.2021.173-196.

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The imposition of ultra petita decisions in the practice of criminal law enforcement in Indonesia continues to be going on today. This paper tries to examine the ultra petita decisions with the provisions in the Criminal Procedure Code, and the principle of freedom and the active role of judges. In answering the problem, the writer makes use of a type of normative legal research that’s done by researching positive law. The results of the discussion display that the Criminal Procedure Code doesn’t prohibit judges from imposing ultra petita decisions. In examining criminal cases, the judge can impose decisions that are outside of the requisition or exceed the requisition of the public prosecutor. The Criminal Procedure Code only stipulates that the basis for the judge in imposing a decision is the bill of indictment. Justification for the imposition of decisions is also based on the principle of judge freedomand judges are active. Under these two principles, judges are free to impose decisions without influence from other parties and actively searching for out facts that are revealed in court for the realization of material truth as the aims of criminal procedural law. The writer's recommendations are: 1) Criminal law enforcers (judges, public prosecutors, lawyers/ defendants) need to form a common awareness that ultra petita decisions are permitted; 2) The rule by which the judge gives the ultra petita decisions needs to be made immediately, each for the short and long term.
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2

Kadiraliyev, Saddam, and Tashkent State University of Law Gulmurodov. "THE INVESTIGATIVE JUDGE IS A NEW INSTITUTE IN THE CRIMINAL PROCESS OF THE REPUBLIC OF UZBEKISTAN." CRIMINOLOGY AND CRIMINAL JUSTICE 3, no. 4 (2023): 28–39. http://dx.doi.org/10.51788/tsul.ccj.3.4./xtcg9375.

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In this article, the legal status of the investigating judge, the history of the origin and stages of development of the investigating judge institution, and the importance and specific features of the investigating judge institution in the criminal process are explained. With the decision No. 300 of the President of the Republic of Uzbekistan, “On measures to implement the strategy of Uzbekistan – 2030 in 2023 in a high-quality and timely manner” until the end of 2024, rapid search and investigative actions It is established that the procedure for consideration of the issue of sanctions by individual judges—investigative judges—is established, and the powers of the investigating judge are widened based on the principle of not only sanctioning quick searches and investigative actions but also exercising judicial control at the stage of bringing the case to court in the criminal process. The issues of definition are touched upon in the framework. In particular, with the introduction of this institution, the issues of providing the opportunity to conduct the activities of the parties on the basis of equality and controversy in proceedings before the court, as well as the possibility of increasing the procedural status of the defense side by eliminating the dominant position of the prosecution side, were discussed. The opinions of legal scholars about the institution of investigating judge were analyzed. In this regard, the experience of the countries of Kazakhstan, Georgia, Moldova, Estonia, and the Institute of Investigative judge, introduced in the criminal proceedings of the Kyrgyz Republic since 2019, was studied as one of the main research objects. In the criminal procedural legislation of the Republic of Uzbekistan, relevant proposals were made regarding the determination of the legal status of the investigating judge, the principle of judicial control in criminal proceedings, and the formation of a corps of specialized investigative judges.
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3

Pratama, Vega Christian, and Louis Tappangan. "Urgensi Hakim Pemeriksaan Pendahuluan dalam Peradilan Pidana di Indonesia." Journal of Education, Humaniora and Social Sciences (JEHSS) 3, no. 2 (2020): 703–11. http://dx.doi.org/10.34007/jehss.v3i2.398.

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This article aims to analyze the importance of the preliminary supervisory judges stipulated in the Draft Criminal Procedure Code to replace pretrial institutions regulated in the Criminal Procedure Code in the future. As for the preliminary Supervisory Judge, it was formed with the aim of improving pretrial institutions which are deemed not running properly at this time. The problem focuses on the legal consequences of the use of violence by the investigator against the suspect or witness and the importance of the Preliminary Examination Judge to be applied to criminal justice in Indonesia to address the problem of the use of force by investigators. In order to answer this problem, a theoretical reference is used that applies to the process of proof in criminal procedural law and uses a microeconomic analysis of criminal law to analyze how important the enforcement of the Preliminary Examination Judge in Indonesia is. The research method used in this article is the statue approach and conceptual approach. This study concludes that the enforcement of Preliminary Examination Judges needs to be reviewed again, because there are still many deficiencies contained in the Draft KUHAP which regulates Preliminary Examination Judges. Although on the one hand the Preliminary Examination Judge is very much needed to overcome the problem of violence by investigators in the investigation, on the other hand there are other things that need to be reviewed so that criminal justice in Indonesia can be better in the future.
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4

Alfret, Alfret, and Mardian Putra Frans. "Konsep Putusan Pemaaf Oleh Hakim (Rechterlijk Pardon) Sebagai Jenis Putusan Baru Dalam KUHAP." KRTHA BHAYANGKARA 17, no. 3 (2023): 587–600. http://dx.doi.org/10.31599/krtha.v17i3.2968.

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Of the various articles that have undergone changes and additions in the new Criminal Code, one of them is interesting, namely Article 54 related to forgiveness by judges. However, whether the concept of forgiveness decision by the judge in the new Criminal Code has a position as a decision in the Criminal Procedure Code or the Criminal Procedure Bill. This research uses a normative juridical research method, which examines the problem by referring to positive law. The results of this study indicate the need for additional types of forgiveness decisions in the Criminal Procedure Bill as a form of criminal law reform because the provisions related to the types of decisions in the Criminal Procedure Code and the Criminal Procedure Bill are currently unable to accommodate forgiving decisions by judges. By examining in more depth the concept of forgiveness by the judge, it will appear that neither the Criminal Procedure Code nor the Criminal Procedure Bill contains the type of forgiveness decision.
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5

Kuncoro Putro, Danu Anindhito, and Ira Alia Maerani. "Application of Criminal Sanction Policy Against Crime Perpetrators of Domestic Violence." Jurnal Daulat Hukum 1, no. 2 (2018): 467. http://dx.doi.org/10.30659/jdh.v1i2.3316.

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The research titled: Application of Criminal Sanction Policy Against Crime Perpetrators of Domestic Violence, Problems of this research are: 1) How the policy formulation of the crime of domestic violence? 2) How can the application of criminal sanctions against perpetrators of criminal acts of violence in the home? 3) Constraints are faced judges in the application of criminal sanctions against perpetrators of the crime of domestic violence and efforts to overcome it? The method used in this research using normative research is descriptive qualitative analysis. This study is a literature. The results of the study using sociological juridical concluded that: 1) Policy formulatif against the crime of domestic violence set out in Chapter VIII of Act No. 23 of 2994 Article 44 of physical violence, Article 45 of the violence phisikis, Articles 46, 47, 48 on sexual violence and Article 49 of Neglection. 2). The application of criminal sanctions against perpetrators of criminal acts of domestic violence committed by the judge after going through the process of proving to the charges the prosecutor. Starting from proven facts deeds of witnesses, then the fact juridical considerations and ease further aggravating the new verdict. 3) Constraints faced by judges in the application of criminal sanctions against perpetrators of criminal acts of domestic violence are: a. ) The absence of witnesses cause hearing be postponed, so that the proceedings so that the proceedings be longer than scheduled. b.) The absence attorneys also cause hearing was postponed from the trial process has gone backwards longer than scheduled. c.) The absence of a post mortem result in the judge adjourned the hearing, to include post mortem beforehand. d.) The judge is hard to prove because there were no witnesses who saw directly, and also sometimes victims of domestic violence and perpetrators still love each other, so that judges convict when the weight will result in divorce. e) The absence attorneys also cause hearing was postponed from the trial process has gone backwards longer than scheduled. f.) The absence of a post mortem result in the judge adjourned the hearing, to include post mortem beforehand. g.) The judge is hard to prove because there were no witnesses who saw directly, and also sometimes victims of domestic violence and perpetrators still love each other, so that judges convict when the weight will result in divorce. The absence attorneys also cause hearing was postponed from the trial process has gone backwards longer than scheduled. h.) The absence of a post mortem result in the judge adjourned the hearing, to include post mortem beforehand. i.) The judge is hard to prove because there were no witnesses who saw directly, and also sometimes victims of domestic violence and perpetrators still love each other, so that judges convict when the weight will result in divorce.Keywords: Legal Policy; Crime; Domestic Violence.
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6

Rangga, Galih Setyo, and Sinda Eria Ayuni. "KEPASTIAN HUKUM PUTUSAN PEMIDANAAN YANG TIDAK BERDASARKAN SURAT DAKWAAN JAKSA PENUNTUT UMUM." Jurnal Magister Hukum Perspektif 13, no. 2 (2022): 32–41. http://dx.doi.org/10.37303/magister.v13i2.68.

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In criminal law enforcement, there is a problem with the judge made law which is unfair and irresponsible in deciding a case, thereby reducing public trust in the judiciary. Criminal judges in Indonesia make many legal breakthroughs in passing a criminal case decision that does not refer to the provisions of the legislation, in other words the judge carries out his own interpretation of a criminal act that is appropriate for the defendant based on the facts in the trial and sets his own article that fits with the facts of the trial that are seen, resulting in a decision that is not in accordance with the indictment of the public prosecutor. It can be seen that there has been a legal event where the judge has decided outside the prosecutor's indictment and this research needs to be followed up by linking the judge's decision that was handed down not based on the article indicted from the aspect of legal certainty. The type of research used in this research is doctrinal law research. The sentencing decision in a criminal case which is decided by a judge not based on the indictment of the Public Prosecutor can be considered invalid because it is contrary to the principles of criminal law. In the examination in court, the party who must prove the indictment to the defendant is the public prosecutor, not the judge.
 Keywords: Legal Certainty, Judge made law, Letter Demands, Public Prosecutor
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7

Leka, Adrian, and Brunilda Jani-Haxhiu. "The Emergence of Sentence Guidelines in the Balkans – Should Albania Follow the Same Model?" Journal of Systemics, Cybernetics and Informatics 20, no. 4 (2022): 1–7. http://dx.doi.org/10.54808/jsci.20.04.1.

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Different countries have established different models and mechanisms to assist the judge in the difficult task of determining the criminal sentence. These approaches are influenced by the criminal justice system model, the role of the judge in criminal proceedings and, not infrequently, by priority issues that are not related to the conceptualization of the criminal justice system: corruption, professionalism of judges, etc. In countries that have a codified body of criminal law – as a rule, countries that belong to the civil law tradition, the criminal law sets the minimum and maximum ranges of the criminal punishment. Within these limits, it is up to the judge to determine the individualized sentence for each defendant, based on the principles and rules provided for by the criminal law. Different types of mechanisms have been established in countries that belong to the common law tradition, as the criminal law is not so inflexible in setting the ranges of punishment and the judge has much more discretion in determining the sentence, based on the rules of precedent. In some of these countries, sentencing guidelines are used. These guidelines are usually approved by the judges themselves and are not legally binding, but they gain application as a result of the precedent rule. In recent years, sentencing guidelines have been approved and applied in two of Albania's neighboring countries: Kosovo and North Macedonia. This paper will address the role of guidelines in criminal proceedings, the models they were based on, the reasons for introducing them, and how they were implemented in Kosovo and North Macedonia. Finally, we will argue whether the introduction of such a mechanism in Albania would be in harmony with the existing framework and beneficial, in general.
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8

Орлова, М. І. "THE QUESTION OF THE PROCEDURAL ORDER OF APPLICATION OF THE TEMPORARY SUSPENSION OF JUDGES FROM JUSTICE." Juridical science, no. 1(103) (February 19, 2020): 309–15. http://dx.doi.org/10.32844/2222-5374-2020-103-1.37.

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The temporary removal of a judge from the administration of justice is a relatively new measure to ensure criminal proceedings in criminal procedural law and is carried out by the High Council of Justice. At the same time, as evidenced by the practice of its implementation, there are certain issues that necessitate their study and discussion. Therefore, the procedure of temporary suspension of a judge from the administration of justice is characterized by features that are due to the special legal status of judges. It is the need to ensure the independence of judges that provides for a special procedure for their removal. At the same time, the temporary removal of a judge is a measure that involves the removal from justice of judges in respect of whom there are reasonable doubts about their suitability for office, high rank of judge, to confirm or deny the relevant information. This is necessary to maintain confidence in the judiciary as a whole. The purpose of the article is to study the procedural procedure for the application of temporary suspension of a judge from the administration of justice. The article examines the procedural procedure for the application of temporary suspension of a judge from the administration of justice. It is emphasized that the institution of temporary suspension of judges exists for the timely suspension of a judge. The peculiarities of the procedural order of application of temporary suspension of a judge from the administration of justice have been determined. It is concluded that based on the results of the consideration of the petition, the High Council of Justice may make the following decisions: on the temporary suspension of a judge from the administration of justice in connection with criminal prosecution or on the denial of such a petition. It was found that the suspension did not restrict access to the court premises, as well as to the materials of previously distributed cases. Therefore, if a judge is removed without a precautionary measure in the form of round-the-clock house arrest / detention, the court will continue to go to work. A judge may also continue to perform administrative functions as chairman of the court or judgespeaker. Continue lecturing at the School of Judges, or continue to take bribes.
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9

Materniak-Pawłowska, Małgorzata. "Instytucja sędziego śledczego w II Rzeczypospolitej." Czasopismo Prawno-Historyczne 65, no. 1 (2018): 271–94. http://dx.doi.org/10.14746/cph.2013.65.1.11.

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The institution of an investigating judge emerged in all three parts of then partitioned Poland at almost the same time, i.e. in the 70s of the 19th century, as the Austrians introduced it in 1873, the Russians in 1876, and the Germans in 1877. The very idea of an investigating judge and its model, however, derives from the legal system of Napoleonic France. During the period between two World Wars, the institution of an investigating judge functioned fi rst, as part of the legislation inherited from the occupant’s legal system, and then as part of the Polish legal system resulting, mainly, from the implementation of the ordinance on the regime of common courts of law of 1928 and the code of criminal procedure of the same year. The function of an investing judge was for and foremost connected with the preliminary stage of criminal proceedings, and the investigation process in particular. However, the main overall task of that stage was protection of an individual’s rights in a criminal proceeding. In the twenty years’ history of the interwar Poland, the role of an investigating judge in a criminal proceeding had been gradually limited, while the prosecutor’s role had increasingly strengthened. Although the prosecutor’s supervision sensu stricto was formally non-existent, a prosecutor could, inmany cases, restrict a judge’s independence by issuing binding conclusions. Such practice was further facilitated by the fact that the Ministry of Justice’s policy was to recruit for the position of an investigating judge from among the least experienced, usually junior judges. Thus the institution of an investigating judge was subsequently subjected to strong criticism by many lawyers, both theorists as well as practitioners of a criminal trial. Its supporters criticised the infl uence that procurators could exercise on the judges and demanded their independence of the former, whereas its critics questioned the very sense or idea of an investigating judge, emphasising that it only constituted an interim form between a prosecuting organ and an independent court and, as such, performed neither of those two had functions suffi ciently satisfactory.
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10

Prowancki, Maciej, Michał Kaczmarczyk, and Kazimierz Marszał. "COMMENCING A PRIVATE PROSECUTION AND THE GROUNDS FOR DISMISSING A LAY JUDGE FROM HIS FUNCTION." Roczniki Administracji i Prawa 4, no. XX (2020): 129–43. http://dx.doi.org/10.5604/01.3001.0014.8425.

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The institution of the participation of the social factor in the justice in Poland has a long and well-established tradition. In accordance with Art. 4 of the Law on the System of Common Courts, citizens take part in administering justice through the participation of lay judges in hearing cases before courts in the first instance. The jurors are elected by the borough councils for a four-year term. Dismissal of a lay judge before the end of his term of office is possible in the cases enumerated in the Act. This article attempts to analyse the issue of the impact of the circumstances of instituting private indictment against a lay judge on the possibility of dismissing a lay judge from his function at the request of the president of the court. The article presents the following problems and issues: is the initiation of a general criminal procedure against a lay judge for an offense prosecuted on a private indictment basis for the dismissal of a lay judge by the municipal council?; Does instituting criminal proceedings against a person for an offense prosecuted by private indictment prevent that person from standing for the post of a common court lay judge? Is a person running for the post of a common court lay judge obliged to disclose in the course of the procedure of electing lay judges (before being elected by the borough council) that there are private criminal proceedings against that person? The findings made by the authors lead to the conclusion that in the event of instituting private criminal proceedings against a lay judge, the provision of Art. 166 § 2 point 3 of the Act on the System of Common Courts does not apply, and the fact of prosecuting a lay judge as a result of bringing a private indictment to a court should not constitute the basis for a motion by the president of the court to the municipal council to dismiss a lay judge from his function.
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