Journal articles on the topic 'Criminal Procedures'
To see the other types of publications on this topic, follow the link: Criminal Procedures.
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Criminal Procedures.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Findlay, Mark. "Synthesis in Trial Procedures? The Experience of International Criminal Tribunals." International and Comparative Law Quarterly 50, no. 1 (January 2001): 26–53. http://dx.doi.org/10.1093/iclq/50.1.26.
Full textAbstract:
Critical to analysing the recent synthesis of criminal trial procedures is an understanding of the internationalisation of criminal law and procedure.1 As well as the creation of international tribunals2 to investigate and try crimes of world significance, there is emerging an international jurisprudence on criminal law (and procedural hybrids to support and develop this) which require integrated analysis.3
2
Ivanov, Dmitriy Aleksandrovich. "Civil Action and Pretrial Procedures in Criminal Cases." Revista Gestão Inovação e Tecnologias 11, no. 4 (July 10, 2021): 1515–22. http://dx.doi.org/10.47059/revistageintec.v11i4.2205.
Full text
3
Markovicheva, E. V. "Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process." Rossijskoe pravosudie 9 (August 21, 2020): 99–104. http://dx.doi.org/10.37399/issn2072-909x.2020.1.99-104.
Full textAbstract:
In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.
4
Bagaskoro, Ladito. "REKONSEPTUALISASI JALUR KHUSUS DALAM RANCANGAN KUHAP SEBAGAI BENTUK REFORMASI SISTEM PERADILAN PIDANA INDONESIA." Arena Hukum 14, no. 1 (April 30, 2021): 193–209. http://dx.doi.org/10.21776/ub.arenahukum.2021.01401.10.
Full textAbstract:
Abstract The significant increase in the pile of case files between 2016 and 2019 led to the need for concepts or methods that can create judicial efficiency. In the spirit of reforming the Criminal Procedure Code, the drafting team of the Criminal Procedure Code tries to include procedures aimed at shortening and expediting procedural procedures through the existence of a special pathway in Indonesian criminal procedural law in the future, which is inspired by the concept of plea-bargaining in the United States and Britain. This normative research uses conceptual and comparative law. The result shows that a special line was given to the defendant who admitted to the criminal act charged making the trial hearing shorter. Second, there are several fundamental differences between the special lines in the Draft Criminal Procedure Code and plea bargaining in the United States, especially in the agreement between the defendant or legal adviser and the public prosecutor, the process for confessing the accused, the criminal acts included, and the position of the judge in their respective processes.
5
Боярская, Александра, and Aleksandra Boyarskaya. "Problems of Substantive Differentiation Conditions of Criminal Proceedings." Journal of Russian Law 4, no. 9 (August 29, 2016): 0. http://dx.doi.org/10.12737/21227.
Full textAbstract:
The article discusses current issues of differentiation of criminal proceedings. The character of the impact of criminal law on procedural form of summary court proceedings. The author successively examines the substantive basis of summary court proceedings of Russian criminal trial: a special order of the trial, a special procedure for the trial at the conclusion of the pre-trial agreement, judicial procedure under Art. 226.9 of the Code of Criminal Procedure, as well as in criminal cases of private prosecution. The author concludes that the specific substantive basis is not peculiar to each of these procedures. Legislators did not specify the substantive grounds of procedure under Sec. 40.1 Code of Criminal Procedure. The court proceedings under Art. 226.9 CPC RF does not have its own substantive basis. The article concludes that all above said demonstrates the destruction of classical chords, according to which the differentiation of criminal law determines the differentiation of criminal procedural law in sphere of differentiation of criminal procedural form. Nowadays, on the contrary, the differentiation of the criminal procedure is carried out more rapidly and dictates the transformation of criminal procedural law. The article also analyzes the causes and symptoms of this trend of development of modern legislation.
6
Sirotkina, Mariia. "Prerequisites for the application of alternative methods of resolving criminal law and criminal procedure conflicts." Slovo of the National School of Judges of Ukraine, no. 3(32) (December 18, 2020): 147–57. http://dx.doi.org/10.37566/2707-6849-2020-3(32)-13.
Full textAbstract:
The article examines the prerequisites for the use of alternative methods of resolving criminal law and / or criminal procedure conflicts. It is stated that the use of alternative dispute resolution in criminal proceedings is possible only if changes or differentiation of the criminal procedure form, taking into account the interests of participants in criminal law and / or criminal procedure conflict. A positive consequence of the use of alternatives is procedural economy and speed of criminal proceedings, with an unconditional guarantee of achieving the objectives of the criminal process and ensuring the protection of the rights and legally protected interests of persons in criminal proceedings in their application. It is noted that at the present stage of development of criminal procedure legislation the differentiation of procedural forms is one of the priority conditions for the rational use of procedural means, contributes to greater efficiency and effectiveness of criminal proceedings with significant procedural savings. The bases and criteria of differentiation of the criminal-procedural form are investigated. It is noted that compromise constructions are the result of a combination of two principles of the criminal process - public and dispositive, and their application is possible only in a competitive process. The material and practical component of the differentiation of the criminal procedure form is singled out, and attention is focused on the division of the criminal procedure form when applying alternatives to the simplified and complicated forms depending on the law enforcement. Based on the study, it was concluded that the implementation of conciliation procedures in the system of alternative resolution of legal conflicts (disputes) in criminal proceedings largely depends on the differentiation of criminal procedure, procedural economy, speed of criminal proceedings, as well as taking into account the interests of criminal and procedural conflicts. Key words: criminal process, procedural economy, procedural form, conflict, compromise, differentiation, interest, alternative.
7
Fu, H. L. "Criminal Defence in China: The Possible Impact of the 1996 Criminal Procedural Law Reform." China Quarterly 153 (March 1998): 31–48. http://dx.doi.org/10.1017/s0305741000002976.
Full textAbstract:
Criminal procedure in China had been governed by the 1979 Criminal Procedure Law (CPL 1979). This was amended in 1996 (the Amendment). In many aspects, the Amendment introduces important changes to the previous procedures and significantly redistributes the existing division of powers within the criminal justice system. It restricts police power and the prosecution's discretion. It enhances the position of the court and differentiates the role of judges. It also offers more protection for the rights of the accused and enhances the position of defence lawyers in the criminal process in substantive and procedural aspects. Consequently criminal lawyers are expected to play a more active and meaningful role in criminal defence.
8
Kornakova, S. V. "Evidence and Establishment of Evidence Norms in CIS Countries Criminal Procedures: A Comparative Legal Analysis." Lex Russica, no. 11 (November 15, 2020): 148–56. http://dx.doi.org/10.17803/1729-5920.2020.168.11.148-156.
Full textAbstract:
The paper is devoted to a comparative legal analysis of some norms of the criminal procedure laws of the CIS countries concerning evidence and establishment of evidence in criminal procedures. The paper analyzes the legal definitions of the concept of "evidence" in the CIS countries codes. It is noted that the wording used in article 74 of the Criminal Procedural Code of the Russian Federation is less specific than the content of the relevant norms in the legislation of other CIS countries. In particular, the replacement of the phrase "this data is established", which was used in the RSFSR Criminal Procedure Code, with the phrase "evidence is" in part 2 of article 74 of the Criminal Procedural Code of the Russian Federation, which led to an illegal identification of the sources of evidence and the evidence itself, is critically evaluated.Some features, advantages and disadvantages of the norms of criminal procedure laws of the CIS countries containing a list of sources of evidence are revealed. The conclusion is made about a clear advantage in this respect of the Criminal Procedural Code of the Russian Federation, part 2 of article 74 of which contains a complete and universal list of sources of evidence. At the same time, the need to include in this list, along with the testimony of the suspect and the accused, such a source of evidence as the testimony of the defendant is argued.The paper analyzes the legislative consolidation of the concept of "evidence" in the criminal procedure codes of the CIS countries, which allowed us to critically evaluate the definition given to this concept by the Russian legislator. According to the author, the absence of the purpose for the establishment of evidence in article 85 of the Criminal Procedural Code of the Russian Federation, namely the purpose for establishing the circumstances listed in article 73 of the Criminal Procedural Code of the Russian Federation, as a lawful, reasoned and just resolution of the case, is a significant shortcoming of the Russian criminal-procedural law that requires special legal address.
9
Garbatavičiūtė, Simona. "Tracing the Instances of Plea Bargaining in the Lithuanian Criminal Justice System." Teisė 106 (July 2, 2018): 130–43. http://dx.doi.org/10.15388/teise.2018.106.11657.
Full textAbstract:
This Article aims to overview procedural grounds in the Lithuanian criminal justice system that relate to the concepts of simplified and negotiated justice, in particular to the concept of plea bargaining. Specifically, the research seeks to examine the procedures of simplified examination of evidence in court, accelerated proceedings and the procedure of penal order as foreseen in the Code of Criminal Procedure of the Republic of Lithuania (hereinafter referred to as the CCP). This research aims to highlight similarities between the aforementioned procedures and the concept of plea bargaining.
10
Fenyvesi, Csaba. "Coercive Conduct in Criminal Procedures." Acta Juridica Hungarica 44, no. 1-2 (August 2003): 89–98. http://dx.doi.org/10.1556/ajur.44.2003.1-2.5.
Full text
11
Kristina, Michelle. "Formulasi Pertanggungjawaban Pidana Korporasi Dengan Adanya Peraturan Mahkamah Agung No. 13 Tahun 2016." JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 21, no. 02 (December 17, 2018): 1–11. http://dx.doi.org/10.24123/yustika.v21i02.1709.
Full textAbstract:
The development of the concept of corporation not only had a positive impact but also followed by the development of crimes that could be done using corporations or also called corporate crime. Many laws and regulations that have accommodated corporation as legal subjects that can be asked for corporate criminal responsibility have not been followed by regulations governing procedures or procedures for examining corporations as perpetrators of criminal acts. This is very necessary because of the differences in characteristics between corporate crime and other conventional crimes. Responding to legal requirements that have been very urgent and there are distinct challenges for law enforcers because of the different treatment, then the Supreme Court issues Supreme Court Rules No. 13 of 2016. The problem regarding the procedure for corporate sentencing involved in criminal offenses is not only talking about material law but also about formal law or its procedural law. One of the aims and objectives of its formation is to fill the vacuum of criminal procedural law which until now has not regulated the procedures for handling corporations that carry out criminal cases. Supreme Court Rules No. 13 of 2016 is a legal rule aimed at assisting law enforcement officials in handling criminal cases with corporate actors and/or their administrators. This then became one form of thinking that could be the basis for assisting in the formation of criminal procedural laws governing corporations.
12
Voskobitova, L. A. "Criminal Justice and Digital Technology: Compatibility Issue." Lex Russica, no. 5 (May 31, 2019): 91–104. http://dx.doi.org/10.17803/1729-5920.2019.150.5.091-104.
Full textAbstract:
The paper discusses individual advantages and benefits that the digitalization of criminal procedures can provide. The forms of positive use of digital technologies in practice and the possibility of expanding their use are shown. It is proposed to do this by experimental implementation: a) to introduce them in parallel, along with the traditional ones, or b) to use them completely for different stages of the procedure that are most suitable for formalization and programming. There are three groups of criteria that need to be taken into account: objective characteristics of the nature of criminal procedural relations; the possibility/impossibility of formalization of requirements and procedures; the ability to strengthen, rather than reduce the guarantees of human rights, the reliability of the results of knowledge and justice of law enforcement acts. For a systematic transition to these technologies, it is impossible not to take into account that «human abilities» in criminal procedure can not always be formalized to the extent of their replacement by digital technologies.
13
Simakova-Yefremian, E. "ON THE ISSUE OF INTRODUCING THE CONCEPT OF SPECIALISTCONCLUSION TO CRIMINAL PROCEDURE LEGISLATION." Theory and Practice of Forensic Science and Criminalistics 20, no. 2 (December 4, 2019): 110–20. http://dx.doi.org/10.32353/khrife.2.2019.08.
Full textAbstract:
The issue of introducing the concept of «specialist conclusion» into the criminal procedure of Ukraine is investigated. The argument about inappropriateness of introducing this concept into the criminal process is given on the basis of the specialized literature analysis and the relevant norms of the legislation, since the Criminal Procedural Code of Ukrainedoes not contain either its interpretation, its content, nor its rules of procedure, but only indicates that specialist conclusion should meet the requirements to expert conclusion. It calls into question the need to introduce into the criminal process a source of evidence such as the «specialist conclusion», since it is essentially no different from the expert conclusion, since the same requirements are imposed on him by the legislature only with regard to establishing facts and circumstances of a criminal offense and not a crime.
By nature, performed research with the use of specificexpertisefor establishing the facts and circumstances of a criminal offense will be no different from a study conducted with the use specific expertise to establish the facts and circumstances of a crime, since the technique will be used the same and the document will be drawn up in the same way. However, in view of the need for a simplified procedure for pre-trial investigation of criminal offenses, the legislator introduces another name for the document which is drawn up as a result of such research. The question is: why not get an expert right away? Indeed, clear requirements and procedures for its implementation are established for expert conclusion in contrast to the specialist conclusion. Taking into account the need to simplify the procedures for pre-trial investigation of criminal offenses, the appropriate time limits can be established in the procedural law and by-laws.
The relevant conclusions are made and specific proposals are given on introducing amendments to the Criminal Procedural Code of Ukraine.
14
Buciunas, Gediminas, and Ilona Bulgakova. "PROTECTION OF THE RIGHTS OF DISABLED PERSONS AS VICTIMS OF CRIME IN CRIMINAL PROCEDURE." SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 3 (May 21, 2019): 51. http://dx.doi.org/10.17770/sie2019vol3.3800.
Full textAbstract:
The aim of the research is to conduct comparative analysis to the Criminal Procedure Laws of the Republic of Lithuania, of the Republic of Latvia and the Ukraine on the rights of protection of disabled persons who became victims of criminal acts (crimes and misdemeanours). Some group of persons are more attractive target for criminals due to their physical or/and mental weakness. Disability is the one of main factors, that directly has impact on them, when accessing to justice - especially during pre-trial investigation stage of criminal procedure. The authors of the research paper are going to focus on disabled persons’ access to justice particularly during interview. The above mentioned issue points out the main objectives of the research:To describe disabled persons.To analyse international and national laws on protection of the rights of disabled persons as victims of criminal acts in criminal procedure.To identify the issues related to disabled persons’ access to justice, especially in criminal procedures.To propose suggestions, which could improve protection of the rights of disabled persons in criminal procedures.
15
Matijašević, Jelena, and Sara Zarubica. "The types and conditions of the application of special evidentiary procedures and preventive security measures employed by security agencies." Pravo - teorija i praksa 37, no. 4 (2020): 26–41. http://dx.doi.org/10.5937/ptp2004026m.
Full textAbstract:
The modern society is facing an increasingly dangerous and serious manifestation of criminal activity, that utilizes the most modern technical achievements, especially in the field of communications. That is why the modern states resort to employing new procedural forms of gathering evidence at the cost of a certain infringement on the right to privacy and other human rights. The Criminal Procedure Code establishes six special evidentiary procedures. The most complex issue in special evidentiary procedures is the question of when their usage is justified, in other words, the type of criminal activity to which they can be applied, and the conditions under which they can be used. In addition to the special evidentiary actions established in the Criminal Procedure Code, the security agencies are, within their competences, authorized to secretly collect data by applying preventive and security measures provided by special laws (lex specialis). Having that in mind, this paper will deal with the questions concerning the types and conditions of the usage of special evidentiary procedures, as well as the types and conditions of the application of preventive and security measures in Republic of Serbia.
16
Góralski, Piotr. "Kwestia dopuszczalności stosowania środków zabezpieczających w stosunku do nieletnich sprawców czynów karalnych. Część II." Nowa Kodyfikacja Prawa Karnego 39 (November 22, 2016): 31–54. http://dx.doi.org/10.19195/2084-5065.39.3.
Full textAbstract:
Admissibility of precautionary measures against juvenile criminals Part IIThis article discusses the admissibility of precautionary measures against juvenile criminals. It refers to both juvenile offenders charged as adults pursuant to Art. 10 § 2 of the Criminal Code and 15–16-year-old offenders charged pursuant to the provisions of the Procedures in Legal Actions against Juveniles Act of 1982. The article presents the legal status concerning this issue in the period from 1997 to 2015 and relevant changes in the legal regulations concerning precautionary measures introduced by the amendment of the Criminal Code of 20th February 2015.A thesis formulated in the paper discussed here is that only one type of precautionary measure, which is confiscation, may be used against juveniles subject to the regulations of the Procedures in Legal Actions against Juveniles Act. In relation to juveniles charged under the Criminal Code only the precautionary measures which do not interfere with the provisions of Article 3 of the Criminal Code providing for the rule of humanitarian use of criminal penalties should be implemented. It refers mainly to these forms of isolation precautionary measures which would apply to juvenile criminals after serving imprisonment.
17
Arnold, Roberta. "Military Criminal Procedures and Judicial Guarantees." Journal of International Criminal Justice 3, no. 3 (July 1, 2005): 749–77. http://dx.doi.org/10.1093/jicj/mqi021.
Full text
18
Berk, Richard A., and Justin Bleich. "Statistical Procedures for Forecasting Criminal Behavior." Criminology & Public Policy 12, no. 3 (August 2013): 513–44. http://dx.doi.org/10.1111/1745-9133.12047.
Full text
19
Konstadinides, Theodore. "The Perils of the ‘Europeanisation’ of Extradition Procedures in the EU Mutuality, Fundamental Rights and Constitutional Guarantees." Maastricht Journal of European and Comparative Law 14, no. 2 (June 2007): 179–200. http://dx.doi.org/10.1177/1023263x0701400204.
Full textAbstract:
This article focuses on the main problems regarding the current application of EU extradition procedures in relation to the area of judicial cooperation in criminal matters. It introduces the ‘Europeanisation’ of extradition procedures through a discussion based on the continuity of the principle of mutual recognition from the EC Treaties to the EU Constitutional Treaty. The latest manifestation of this continuity is the introduction of the European Arrest Warrant (adopted on 13 June 2002) that is aimed at simplifying the extradition procedures for suspected criminals within the territory of the European Union by creating a positive list of criminal areas. The author discusses the innovations introduced by the Framework Decision on the European Arrest Warrant (abolition of the test of dual criminality) and then focuses on two main problem areas based on the reaction of certain Member States: i) the compatibility with constitutional guarantees, where the author focuses on the eagerness of the national courts to contest the constitutionality of the EU Arrest Warrant implementation laws for authorising the extradition of their own nationals; ii) the compatibility with Human Rights, where the author argues that the principle of mutual recognition is not adequate for adjudicating interstate criminal cases when it operates in isolation. The article then focuses upon the balance between procedural efficiency and civil liberties and proposes certain procedural and institutional checks that would assist in moving from the current embryonic stage of EU criminal law to its adolescence.
20
Kosić, Dragana. "Basic Characteristics of Practical Application the Simplified Forms of Procedures in Criminal Cases of the Republic of Srpska // Osnovne karakteristike praktične primjene pojednostavljenih formi postupanja u krivičnim stvarima Republike Srpske." Годишњак факултета правних наука - АПЕИРОН 8, no. 8 (July 24, 2018): 268. http://dx.doi.org/10.7251/gfp1808268k.
Full textAbstract:
In the context of numerous measures taken to increase the efficiency of criminal proceedings, a special place belongs to the simplified forms of criminal cases proceedings. Inspired by the desire for saving time, costs and labour and avoiding formalities which seem unnecessary in routine cases, the simplified procedural forms are proposed to traditional criminal proceedings. In this context, the systematic reform of criminal procedural legislation has been executed, both at the level of Bosnia and Herzegovina and in its entities and the Brcko District BiH which has opened a completely new approach to criminal proceedings, in which the emphasis is not only on enhancing the protection of basic human rights and freedom but also the efficiency of the proceedings. The range of simplified and shortened procedures, the new criminal proceedings legislation in the Republic of Srpska is known through the following forms: witness immunity (Article 149 of the Law on the Criminal Procedure of the Republic of Srpska), plea of guilty (Article 244 of the Law on the Criminal Procedure of the Republic of Srpska), plea bargaining (Article 246 of the Law on the Criminal Procedure of the Republic of Srpska), procedure for issuing penal order (Article 358 of the Law on the Criminal Procedure of the Republic of Srpska). In this paper it will be discussed about practical application of the institutes from the aspect of the efficiency of criminal proceedings of the Republic of Srpska. The basic method that will be used in the theoretical part of the paper is a dogmatic and normative method, while in the second part of the paper the statistical method will be used.
21
Muratov, K. D. "SIGNIFICANCE OF THE ADVERSARIAL USE OF MATERIAL EVIDENCE IN CRIMINAL PROCEEDINGS." Bulletin of Udmurt University. Series Economics and Law 31, no. 4 (August 12, 2021): 674–80. http://dx.doi.org/10.35634/2412-9593-2021-31-4-674-680.
Full textAbstract:
The idea of adversariality in criminal proceedings, carried away by its simplicity and originality in the context of public legal relations, after a certain period of time had passed the Criminal Procedure Code of the Russian Federation, gradually began to be reasonably questioned. The study of procedural procedures, the recognition of objects and documents as material evidence, as well as the subjects of the collection and presentation of material evidence, allow a closer look at the legal relationship and powers of the parties in criminal proceedings in the field of their implementation both in pre-trial and in court proceedings. Investigative and judicial processes as historically established forms of criminal procedure should be adversarial. The author examines the importance of the adversarial nature of the parties in the formation of material evidence in criminal cases and their assessment by the parties when substantiating the conclusions in the case, shows their theoretical and legal significance, procedural and legal, preventive and prophylactic and informational and evidentiary value.
22
Olásolo, Héctor. "The Triggering Procedure of the International Criminal Court, Procedural Treatment of the Principle of Complementarity, and the Role of Office of the Prosecutor." International Criminal Law Review 5, no. 1 (2005): 121–46. http://dx.doi.org/10.1163/1571812053320129.
Full textAbstract:
AbstractThis article addresses the most fundamental procedural issues arising from Arts. 13, 14, 15, 18 and 53(1), (2) and (4) of the ICC Statute (hereinafter “the Rome Statute” or “RS”). It first analyses the reasons why the proceedings provided for in those articles constitute, referred to in this article as “Triggering Procedure”, within the complex procedural system provided for in the ICC Statute, an autonomous procedure whose object, parties and proceedings are perfectly distinguishable from the object, parties and proceedings of the Criminal and Civil Procedures. Once the relationship between the Triggering Procedure and the Criminal and Civil Procedures is introduced, the article analyses the procedural treatment of the principle of complementarity in the different procedures provided for in the ICC Statute. Finally, the last part of the article brie fly addresses the key role of the Of fice of the Prosecutor in the Triggering Procedure, and the duties imposed upon the competent Chamber of the Court to control, propio motu or at the request of a party to the proceedings, that the Of fice of the Prosecutor is acting within the powers granted to it by the RS and fully respecting the substantive and procedural standards set out by the RS.
23
Brkić, Snežana. "Confession of the accused and the Law on Criminal Procedure of Serbia 2006." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 590–601. http://dx.doi.org/10.5937/gakv0611590b.
Full textAbstract:
The paper has outlined the growing importance of the confession of the accused in the continental mixed criminal procedures. This importance can be viewed through the three aspects: evidence, defense and procedural, modeling role of the confession. At the same time, the special attention is paid to the limited role of the traditional procedural principles. In this paper the author has outlined and criticized compromising solution regarding the effect of confession accepted in the Law on Criminal Procedure of Serbia 2006.
24
Denisyuk, P. D. "Mediation in criminal proceedings." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 308–12. http://dx.doi.org/10.24144/2307-3322.2021.64.56.
Full textAbstract:
Іn the article the author investigates the institute of mediation, which acquires its development not only in civil and commercial proceedings, but also in criminal proceedings and is a manifestation of the concept of restorative justice. As a confirmation of the relevance of the research topic, judicial statistics of consideration of materials of criminal proceedings on the basis of agreements by courts of first instance are given, which confirms the necessity and importance of such a legal institution.The norms of international normative legal acts, where the institute of mediation was embodied, are analyzed. Also are considered the main provisions on the application of agreements in the criminal procedure legislation of Ukraine. It was stated that mediation is possible within the framework of the conciliation agreement.The opinion is expressed that the application of the relevant legal institution in criminal proceedings will facilitate the adoption of a special law «Mediation» and analyzed the lawmaking in this area. The next step could be amending the criminal procedure legislation of Ukraine. Number of issues need to be clarified, including: what will be the status of a mediator in criminal proceedings (his rights and responsibilities, guarantees of independence, etc.); what is the procedural order of mediation; what is the procedural form of completion of the mediation procedure and some others.Particular attention is paid to the definition of a person who can be a mediator and his legal status in criminal proceedings. The positions of scientists who believe that mediators can be prosecutors, lawyers and psychologists are considered. The opinion was expressed regarding the acquisition of special education by such a person and the acquisition of relevant knowledge and skills.It is concluded that the punitive-repressive approach to counteracting the commission of crimes is not effective enough, so it is necessary to introduce mechanisms of alternative conflict resolution procedures, in particular, medi-ation. At the same time, implementation of mediation requires further scientific reflection and discussion, as well as the political will of the legislator to adopt the relevant law and amend the criminal procedure legislation.
25
Simonov, Olivera. "The position of victims and their legal representation in criminal procedures related to trafficking in people." Temida 7, no. 1 (2004): 41–44. http://dx.doi.org/10.2298/tem0401041s.
Full textAbstract:
In this paper the problems that victims of the criminal offense of trafficking in people are faced with in on going criminal procedures in Serbia, are considered. Special emphasis is put on the absence of systematic solutions, the lack of appropriate protection of victims, high level of their secondary victimization, insufficient education of criminal justice personnel as well as on the inefficiency of criminal procedure.
26
Skakavac, Zdravko, and Tatjana Skakavac. "Special evidence-gathering procedures in Serbia: Criminal procedure regulation and practical application." Civitas 7, no. 2 (2017): 36–64. http://dx.doi.org/10.5937/civitas1701036s.
Full text
27
Andrushko, O. V. "CRIMINAL PROCEDURAL RESPONSIBILITY FOR OFFENSES IN A CRIMINAL PROCEEDING." Actual problems of native jurisprudence, no. 4 (August 30, 2019): 184–89. http://dx.doi.org/10.15421/391940.
Full textAbstract:
The article deals with the problems of improving the regulatory legal regulation of criminal procedural liability for offenses in the criminal process. In the article the initial theoretical characteristics of criminal procedural liability and the system of its actions are given. The tendencies of development of normative-legal regulation of criminal procedural responsibility are determined: clarification and consolidation of procedural obligations of process participants; extension of the list of participants in criminal proceedings to which its actions may be applied; clarification of certain legal procedures; definition of new syllables of criminal procedural offenses; improvement of legal responsibility of subjects of the criminal process, endowed with powers of authority. In order to unify all types of proceedings, it is proposed to supplement the criminal procedural legislation with the article "Separate decree (decree) of the court (judge, investigating judge)". It is stated that the main criterion for distinguishing between types of responsibility is the degree of social danger of a procedural offense. Composition of procedural offenses should be specified in a separate normative-legal act: the Code of procedural offenses, as well as the types of legal liability for their commission. The imposition of a monetary fine on violators of the court order (and in other offenses) will lead to thesearch for ways to eliminate the conflict between procedural "money collection" and an administrative "fine". With the variation of the solution to this and other conflicts, the advantage in regulatory-legal regulation should be given to measures of procedural liability. Prospects for improving the legal regulation of criminal procedural liability are seen in strengthening its role in strengthening the effectiveness and legality of criminal proceedings by strengthening its punitive and legal influence. Accordingly, we have supported separate scientific proposals to improve the legislation and some are proposed independently.
28
Odrobińska, Agata. "Abbreviated criminal procedures for core international crimes." Nordic Journal of Human Rights 35, no. 4 (October 2, 2017): 424–25. http://dx.doi.org/10.1080/18918131.2017.1400302.
Full text
29
Elliott, Delbert S. "Criminal Justice Procedures in Family Violence Crimes." Crime and Justice 11 (January 1989): 427–80. http://dx.doi.org/10.1086/449159.
Full text
30
Mashinskaya, N. V. "Analysis of the project “On amendments to certain legislative acts of the Russian Federation to provide the victim, suspect, accused with the possibility of reconciliation”." Penitentiary Science 14, no. 3 (2020): 362–67. http://dx.doi.org/10.46741/2686-9764-2020-14-3-362-367.
Full textAbstract:
The problem of legislative regulation of the procedure for reconciliation of the victim with the suspected, the accused until a certain time was only a subject of discussion in the scientific literature. At the same time the state’s need to find measures that can eliminate the consequences of crimes without the use of ordinary criminal procedures has actualized the work on introducing alternative methods of settling the criminal-legal conflict into criminal proceedings. Given the urgent need to apply this procedure in practice, the Interregional Public Center “Judicial and Legal Reform” has developed and posted on its website a draft federal law “On Amendments to Certain Legislative Acts of the Russian Federation to Provide the Victim, Suspect, and Accused with the Possibility of Reconciliation.” To implement the procedure for reconciliation in criminal proceedings, the drafters of the bill propose to include a new chapter in the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the Criminal Procedure Code of the Russian Federation). The author of the article critically evaluates the attempt due to the inconsistency of a number of novels, their uncertainty and inconsistency with the norms of the criminal procedure law. To eliminate the existing shortcomings, it is proposed to provide a separate article defining the procedural status of the conciliator and to include the specified rule in Ch. 8 of the Criminal Procedure Code of the Russian Federation. As a guarantee of the right of the victim, suspect, accused to reconciliation, the introduction of an appropriate addition to the criminal procedure norms governing the legal status of the named participants in criminal proceedings is considered.
31
Stelmakh, V. Yu. "PECULIARITIES OF PROCEDURAL PROCEDURE FOR INITIATING CRIMINAL CASES OF TAX OFFENCES." Bulletin of Udmurt University. Series Economics and Law 31, no. 1 (February 12, 2021): 133–41. http://dx.doi.org/10.35634/2412-9593-2021-31-1-133-141.
Full textAbstract:
The article analyses the peculiarities of the procedural procedure for initiating criminal cases of tax offences. The initiation of criminal proceedings for these crimes is of a public and legal nature, combining two public interests. The first interest is due to the need to initiate criminal proceedings in connection with the detection of a criminal act. The second interest is caused by the task of ensuring full payment of taxes. On this basis, when initiating criminal proceedings for a tax offence, a participant such as a tax authority carrying out certain criminal proceedings appears. The Modern Criminal Procedure Act provides for two procedures for initiating criminal proceedings under the category of offences under consideration. The first procedure applies in cases where the fact of the tax offence is revealed by the tax authority. The application to the preliminary investigation body is preceded by a procedure regulated by tax law to apply to the taxpayer in order to obtain payment of tax from him. Only in case of failure of the taxpayer to comply with this obligation and only after the expiry of certain terms the tax authority transmits the information to the preliminary investigation body. The second procedure is used in cases where the fact of the commission of a tax offence is identified directly by the preliminary investigation body. In this case, the tax authority gives an opinion on the existence in the taxpayer 's actions of the elements of the tax offence and provides calculations on the amount of the shortfall.
32
Dinh, Thi Mai, Ngoc Thang Dinh, Thi Phuong Quynh Bui, and Anh Duc Nguyen. "Corporate criminal liability on environmental crimes in Vietnam." E3S Web of Conferences 203 (2020): 03014. http://dx.doi.org/10.1051/e3sconf/202020303014.
Full textAbstract:
From 00:00 on January 1, 2018, all environmental criminal acts of commercial entities are prosecuted for criminal liability. In order to investigate criminal liability for corporate legal entities, up to now, Vietnam have Criminal Code 2015, Criminal Procedure Code 2015 and Law on Execution of Criminal Judgment 2019. However, the competences, order and procedures of judgment excution for corporate legal entities that environmental commit crimes are still controversial and has been urgently discussed. The Penal Code 2015 on corporate legal entities has been in effect for nearly 5 years, but in fact up to July 2020, there has not been a commercial entity prosecuted and tried or excuted yet. The difficult problem is the penalties applied to legal entities different in the nature, order, procedures and ways of conducting compared with individual. This paper introducing the new regulations about the criminal liability on corporate entities for environmental crimes in Vietnam Criminal Code 2015 and analyze and point out some challenges, proposes some suggestions in Vietnam execution of criminal judgments.
33
Simourd, David J., and Mark E. Olver. "The Future of Criminal Attitudes Research and Practice." Criminal Justice and Behavior 29, no. 4 (August 2002): 427–46. http://dx.doi.org/10.1177/0093854802029004005.
Full textAbstract:
This study sought to explore the underlying dimension(s) of the criminal attitude construct. Exploratory factor analyses using an oblique rotation method were conducted separately on the subscales of the Criminal Sentiments Scale–Modified among a sample of 381 violent male offenders. These procedures yielded four factors reflecting generic criminal attitudes, specific attitudes about the law, generic rationalizations consistent with criminal subcultures, and criminally oriented self-views (i.e., a criminal self-concept). Confirmatory factor analysis using structural equation modeling found these factors to be relatively robust. Supplemental analyses revealed the factors were linked to criminal conduct outcome criteria. These results are discussed in terms of potential future theory, research, and practice of the criminal attitude construct.
34
Mustafa Serdar, ÖZBEK. "The principles and procedures of Penal Mediation in Turkish Criminal Procedural Law." Ankara Law Review 8, no. 2 (2011): 153–220. http://dx.doi.org/10.1501/lawrev_0000000080.
Full text
35
Belyayev, R. V. "Determination of Lawful Essence and Subject Composition of Agreement About the Collaboration." Russian Journal of Legal Studies 3, no. 4 (December 15, 2016): 169–72. http://dx.doi.org/10.17816/rjls18230.
Full textAbstract:
In the article are examined the problems of the determination of lawful essence and subject composition of agreement about the collaboration through the prism of the analysis of the definition, which is contained in criminal law. Are compared private-right and criminal procedure approaches to the content of conciliatory procedures, and also their subject composition, contradictions in the termi- nology, utilized in the acting criminal procedure legislation are revealed and they are proposed to the way of their elimination.
36
Akhmedshin, Ramil L. "FIXATION OF THE RESULTS OF EXPERIMENTAL INVESTIGATIVE PROCEDURES: CRIMINAL PROCEDURE AND FORENSIC ASPECTS." Ugolovnaya yustitsiya, no. 10 (December 1, 2017): 148–51. http://dx.doi.org/10.17223/23088451/10/26.
Full text
37
Kargl, Walter. "Wahrheit, Überzeugung und Wissen im Strafverfahren." Archiv fuer Rechts- und Sozialphilosophie 105, no. 2 (2019): 171. http://dx.doi.org/10.25162/arsp-2019-0009.
Full text
38
Spalevic, Zaklina, Zeljko Bjelajac, and Marko Caric. "The importance and the role of forensics of mobile." Facta universitatis - series: Electronics and Energetics 25, no. 2 (2012): 121–36. http://dx.doi.org/10.2298/fuee1202121s.
Full textAbstract:
Scientific-technological development, along with initiating integrative forces that offer improvement of the quality of human life, concurrently created prerequisites for individuals to exploit certain innovations for performing criminal activities. Modern criminals wander through electronic networks, and assisted by high technology, perform a variety of criminal acts and ?launder? large sums of money. Computer forensics is a technological, systemic control of the computer system and its content for the purpose of gathering evidence of a criminal act or other abuse that it has been used for. Digital forensics requires particular expertise that goes beyond traditional data collection, as well as employment of techniques available to the final user or system support personnel. In this context, this article examines principles, methods and procedures in mobile device investigation, which nowadays represent a multifunctional, powerful computer weapon, and considers the necessity to update concrete procedures in accordance with the development and growth of IT.
39
Syza, N. "The authority of Criminal Cassation Court as part of Supreme Court about sending criminal proceeding from one trial to another." Herald of criminal justice, no. 3 (2019): 51–61. http://dx.doi.org/10.17721/2413-5372.2019.3/51-61.
Full textAbstract:
One of the guaranties of justice by competitive trial is determined in art. 34 Criminal Procedural Code the procedure of sending criminal proceeding from one trial to another in connection with don`t fall within the jurisdiction or another legal circumstance which make impossible justice in this trial or can influence on judge`s impartiality and equity and for the purpose of providing for promptness and effectiveness in criminal proceeding. The purpose of article is: to reveal the authority of Criminal Cassation Court as a part of Supreme Court based on analysis of criminal procedural law and practice their using about sending criminal proceeding from one trial to another. For the results of research was concluding that the authority of Criminal Cassation Court as a part of Supreme Court about sending criminal proceeding from one trial to another steam from norm in art. 34 Criminal Procedural Code which provide for grounds and procedure for deciding whether to refer criminal proceedings to another court. If in a court of appeal or in a petition of a party or a victim the circumstances, which cannot be grounds for referring criminal proceedings to another court, are stated, or the request is made for resolving issues beyond its powers, stipulated by art. 34 of the Criminal Procedural Code, the Criminal Cassation Court as a part of Supreme Court refuses to grant the application (petition). Generalized the most common in judicial practice in the Criminal Cassation Court as a part of Supreme Court instances of refusal in satisfied submission (petition) about sending criminal proceeding from one trial to another, in particular if: appellant don`t have the authority; it`s matter of bringing criminal proceeding together and determining jurisdiction; substantiates the existence of circumstances that may be grounds for the removal of judges, but not for the transfer of criminal proceedings in accordance with art. 34 of the Criminal Procedural Code. Installed that Criminal Cassation Court as a part of Supreme Court at proceeding application (petition) about sending criminal proceeding from one trial to another refuses to satisfy them even in case where the issue of jurisdiction of criminal proceeding has already been resolved by the cassation court before, on similar grounds, justifying it in accordance with the requirement of p.5 art. 34 of the Criminal Procedural Code, disputes over jurisdiction between the courts are not allowed. Was figuring out the legal positions Criminal Cassation Court as a part of Supreme Court about limit in view to considering in art. 34 Criminal Procedural Code; questions about sending criminal proceeding from one trial to another which has already been submitted to a certain court, having carried out during the court residence. Having proposed for broad consideration of the matter, having entrusted the court to provide the Criminal Procedural Code with special procedures sending of criminal proceeding from one side to the last in the stage of pre-trial consideration and review of court decisions.
40
Smirnova, Irina, Vyacheslav Nikolyuk, Elena Markovicheva, and Oksana Kachalova. "Placing Juvenile Delinquents into Residential Correctional Schools." Russian Journal of Criminology 13, no. 5 (October 31, 2019): 837–45. http://dx.doi.org/10.17150/2500-4255.2019.13(5).837-845.
Full textAbstract:
An integral part of modern criminal policy is criminal procedure policy regarding juvenile delinquents, aimed at resolving a criminal law conflict in the ways that are most beneficial for these persons and that lead to their re-integration in the society. The purpose of juvenile criminal proceedings is connected with special educational tasks and requires special procedures. In Russian criminal proceedings, the court can substitute criminal punishment with compulsory educational measures as part of such procedures. Russian system of compulsory educational measures is complicated, and a special place is held by the most severe sanction — directing a juvenile guilty of a grave crime or a crime of medium gravity into a special residential correctional school. The authors note that the legislation does not fully regulate the application of this sanction, which hinders its use by courts. They also present statistical data on the number of juveniles who the courts place into special residential correctional schools and analyze the reasons why this measure is seldom used. As there is no service of probation in Russia, the courts have no opportunity to find good solutions to the problems connected with a delinquent’s stay in a residential correctional school. The authors support the initiative of the Supreme Court of the Russian Federation to transfer these problems to the sphere of administrative court procedure, which should both benefit the court system and promote the rights of minors. They argue for the development of two strategic spheres of state criminal procedure policy for juveniles — that criminal court procedure should no longer deal with resolving socio-pedagogical, rehabilitation and medical problems of a juvenile's stay in a residential correctional school, and that there should be a detailed procedure for placing a juvenile into such an institution.
41
Wemmers, Jo-Anne. "Victims in the Dutch Criminal Justice System: The effects of Treatment on Victims’ Attitudes and Compliance." International Review of Victimology 3, no. 4 (January 1995): 323–41. http://dx.doi.org/10.1177/026975809500300405.
Full textAbstract:
The present study attempts to address the question of how victim notification influences the relationship between victims and the criminal justice system. It examines empirically the effects of victim notification on their satisfaction with the performance of the public prosecution, their feelings of obligation to obey the law and law-abiding behavior. It does so by reporting the results of a survey that was conducted as part of the evaluation of new measures to improve the position of victims within the criminal justice system, which are currently being introduced in the Netherlands. Procedures that allow the passive participation of victims in the criminal justice procedure are judged to be more fair than procedures which exclude victims. Moreover, how victims are treated by the prosecution has a significant impact on their subsequent attitudes towards authorities and their law abiding behaviour. Following a review of the literature concerning the impact of victim participation in the criminal justice system and a description of recent developments in the treatment of victims in the Dutch criminal procedure, the method and results of the present study are described. The paper closes with a discussion of the findings and their implications for victim policy.
42
Feld, Barry C. "Juvenile (In)Justice and the Criminal Court Alternative." Crime & Delinquency 39, no. 4 (October 1993): 403–24. http://dx.doi.org/10.1177/0011128793039004001.
Full textAbstract:
The juvenile court has been transformed from an informal, welfare agency into a scaled-down, second-class criminal court as a result of a series of reforms that divert status offenders, waive serious offenders to adult criminal courts, punish delinquent offenders, and provide more formal procedures. There are three plausible policy responses to juvenile courts that punish in the name of treatment and deny elementary procedural justice: (a) restructure juvenile courts to fit their original therapeutic purpose; (b) accept punishment as the purpose of delinquency proceedings, but coupled with criminal procedural safeguards; or (c) abolish juvenile courts and try young offenders in criminal courts with certain substantive and procedural modifications.
43
Boylan, M. "Genetic Profiling: Ethical Constraints upon Criminal Investigation Procedures." Journal of International Political Theory 3, no. 2 (October 1, 2007): 236–52. http://dx.doi.org/10.1177/1743453x0700300207.
Full text
44
Boylan, Michael. "Genetic Profiling: Ethical Constraints upon Criminal Investigation Procedures." Politics and Ethics Review 3, no. 2 (October 2007): 236–52. http://dx.doi.org/10.3366/per.2007.3.2.236.
Full text
45
Arciniega, Luzilda Carrillo. "Beyond the Criminal Discourse in Title IX Procedures." Anthropology News 58, no. 5 (September 2017): e173-e177. http://dx.doi.org/10.1111/an.654.
Full text
46
SAKHARBAY, Arman, Askar Kadyrovich KALIYEV, and Moldir Saparbekkyzy BAIKOMUROVA. "Analyzing Foundations of Imposing a Monetary Penalty on Parties to a Criminal Proceeding." Journal of Advanced Research in Law and Economics 10, no. 2 (March 31, 2020): 682. http://dx.doi.org/10.14505//jarle.v10.2(40).30.
Full textAbstract:
The research analyzes the possible application and effectiveness of a monetary penalty as one of the most useful sanctions to maintain the established order of criminal justice, as well as develops constructive proposals to improve the criminal procedure legislation based on the conducted survey. To this end, the authors of the article have studied the criminal procedure legislation of Kazakhstan and legislation on administrative offenses, considered scientific opinions presented in numerous publications on relevant topics and conducted a comparative analysis of regulatory systems in Kazakhstan, Germany, Austria, the USA and the UK. As a result, the authors have established that one of the main reasons hindering the adequate implementation of criminal justice is the violation of obligations to participate in criminal proceedings by persons named in the Criminal Procedure Code of Kazakhstan. To maintain procedural discipline, the court is provided with ample opportunities in the form of coercive measures, including a monetary penalty. The authors have investigated the legal nature of a monetary penalty and compared it with administrative fines. The authors have considered grounds and application procedures for this sanction in the criminal procedure legislation of Kazakhstan and some foreign legal systems. The authors have determined the problems of its implementation caused by the slovenly legislation of a monetary penalty that impedes law enforcement activity. A comprehensive analysis allows developing proposals for improving the use of monetary penalties as measures of coercion for criminal cases heard in the court. If these proposals are enshrined in the existing regulatory framework and put into practice, they will strengthen the discipline of parties to criminal proceedings, ensure the strict observance of criminal proceedings and increase their general effectiveness. Due to its conclusions and proposals, the article demonstrates the novelty of the conducted research, the authors' original approach to the analysis of information and innovative ways to improve the existing legislative framework.
47
Bara, Brunilda, Jonad Bara, and Silvana Bara. "Physical integrity and latest legislative changes in Albania." JAHR 10, no. 1 (June 28, 2019): 33–48. http://dx.doi.org/10.21860/j.10.1.2.
Full textAbstract:
In 2016 Albania went through a major justice reform which provided legislative changes to the already existing institutions, established new ones and sought to improve the procedural guarantees of the accused in criminal trials. While the Albanian Code of Criminal Procedure prior to the changes did not provide for biological evidence or a medical intervention in the course of a criminal investigation, the new legislative changes introduced the concepts of biological evidence and the compulsory physical examination as part of tools in search of the evidence. Even though the draft amendments to the previous Albanian Code of Criminal procedure recognized the problems encountered in practice during the collection of biological evidence vis à vis individual’s rights to personal integrity and dignity, the application of newly introduced and enacted provisions remains still unclear and raises concerns, not only regarding the possible arbitrary use of such tools by law enforcement authorities, but also on the possible conflicts that can arise from the application of such procedures by medical examiners and physicians and the fundamental rights of the person under examination or undergoing the medical procedure/intervention.
48
Smolkova, Iraida, Tatyana Vilkova, Roman Maziuk, Sergey Nasonov, and Alexander Nichiporenko. "Prospects of Improving the Mechanism of Judicial Protection in Russian Criminal Proceedings: Issues of Theory and Practic." Russian Journal of Criminology 12, no. 3 (June 18, 2018): 387–95. http://dx.doi.org/10.17150/2500-4255.2018.12(3).387-395.
Full textAbstract:
Evaluation of the trends of judicial protections development in accordance with constitutional and international legal standards is carried out through the prism of analyzing draft laws regulating court procedures and the reform of Russian court system. The author argue that it is not acceptable to limit the right to judicial appeal against the actions (inaction) and decisions of the preliminary investigation bodies and the prosecutor by introducing the obligatory preliminary examination of such complaints by the head of the investigation agency or the prosecutor according to the procedure set by Art. 124 of the Criminal Procedure Code of the Russian Federation. They also criticize the draft law according to which only the introduction and the resolution of the verdict are pronounced on all the criminal cases: if made into law, this will greatly limit the transparency of criminal court procedures and the right of the accused and their defense attorney to appeal the verdict. The authors identify the faults in the draft law aimed at simplifying the procedure of examining the appeals (petitions) against interim solutions because the elimination of the court investigation will limit the implementation of the adversarial principle at the stage the court of appeals proceedings. It is shown that the current reform of procedures of a jury trial is aimed at strengthening and improving the judicial protection mechanism. The authors summarize the conclusions of contemporary research that although some parameters of the jurys efficiency could vary depending of the number of the jurors, in general, a smaller or a greater number of jurors does not have a decisive impact on the quality of the verdict. They show the positive prospects of giving the Head of the Supreme Court of the Russian Federation the right to initiate the supervisory proceedings for criminal cases and of including in the Criminal Procedure Code of the Russian Federation the right of the RF Commissioner for Human Rights to submit cassation and supervision petitions. The analysis of draft laws allows the authors to evaluate the trends for improving the mechanism of court protection in the criminal court procedures of the Russian Federation in each of the two «dimensions» of judicial protection - the institutional and the functional one.
49
Mashinnikova, N. O. "DISCUSSION ISSUES OF THE LEGISLATIVE INITIATIVE OF THE SUPREME COURT OF THE RUSSIAN FEDERATION REGARDING AMENDMENTS TO ARTICLES 314 AND 316 OF THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION." Bulletin of Udmurt University. Series Economics and Law 29, no. 6 (November 25, 2019): 877–84. http://dx.doi.org/10.35634/2412-9593-2019-29-6-877-884.
Full textAbstract:
In this article the author considers the simplified procedures of judicial proceedings from the point of view of their compliance with the basic principles of criminal proceedings, enshrined in the Code of Criminal Procedure of the Russian Federation. The article concludes that the race for the economic efficiency of any state process affected the proceedings as well. This was the reason that justice, as a service, was reborn in the state service of justice, which in turn led to a decrease in its quality, which according to the author is expressed not so much in the absence of "cancellations" as in its non-compliance with the principles and purpose enshrined in the criminal procedure code. The author welcomes the initiative of the Plenum of the Supreme Court about the need to adopt measures to decrease the absolute number of criminal cases dealt with in simplified procedures, however, did not agree with the solution proposed by the Supreme Court of the Russian Federation. In author’s opinion, the amendments proposed by the Supreme Court of the Russian Federation violate the rights of the accused to defense and contradict Article 55 of the Constitution of the Russian Federation. The author presents her own proposal to change the code of criminal procedure in this part with bringing the necessary justification to that.
50
Lubin, Alexander F., and Sergey A. Lubin. "Evidence and Decision – Making at the Initiation Stage Criminal Cases of Economic Crimes." Juridical Science and Practice 16, no. 1 (2020): 69–76. http://dx.doi.org/10.25205/2542-0410-2020-16-1-69-76.
Full textAbstract:
This article is devoted to the initial stage of criminal proceedings – the initiation of criminal proceedings on the grounds of an economic crime. This stage does not boil down to the formal act of issuing the relevant resolution, but includes the subject and procedures for proving the so-called pre-investigation check. Moreover, according to the current legislation, the appointment and production of forensic examinations, the selection of samples for a comparative study, etc. are legal during this period. Such verification may result in a system of evidence to make an informed criminal procedural decision to initiate a criminal case or evidence for a preventive response to signs of an economic crime. The authors focus on some debatable issues of the criminal procedural status of the leading subject of the criminal case – the investigator (interrogator). This raises the acute problem of the gap between the functions of proving and making criminal procedural decisions.