Artykuły w czasopismach na temat „Criminal investigation – France”
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Nalutsyshyn, V. V., i V. V. Nalutsyshyn. "Basic models of building pre-trial investigation as a stage of criminal proceedings in foreign countries". Analytical and Comparative Jurisprudence, nr 1 (20.03.2024): 604–10. http://dx.doi.org/10.24144/2788-6018.2024.01.106.
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One of the main areas of development of criminal procedure legislation has been, and still is, the differentiation of criminal proceedings into pretrial and trial stages. The author notes the current trends in national criminal procedure legislation aimed at optimising the procedure for investigating criminal cases and reducing the timeframe for their investigation. The desire for democratisation of the criminal procedure doctrine, strengthening of the guarantees of admissibility of evidence, adversarial process, and changes in the process model itself, along with the fundamental trends in the development of the rule of law, have led to a large-scale adoption of foreign criminal procedure institutions.
The authors examines the main models of pretrial investigation as a stage of criminal proceedings in the countries with the Anglo-Saxon (England, USA) and Romano-Germanic (France, Germany, Switzerland) legal systems. Given the materials studied, it is noted that when building models of pre-trial investigation of criminal proceedings, regardless of the system of law used in different States, the legislator focuses on improving two areas: criminal procedure and criminal law. The criminal law criterion is responsible for determining a more moderate sentence by reaching an agreement between the prosecution and defence. The criminal procedural criterion, in turn, defines two more areas of change: the possibility of reducing the procedural timeframe of the proceedings in a certain part or in general; reducing the procedural obligations of persons involved in criminal proceedings. The authors come to the conclusion that it is necessary to modernise the current model of the pre-trial stage of the national criminal procedure with due regard for the positive experience of the most developed Western countries.
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Kuzmenko, O. V., i P. R. Levchuk. "Implementation of the principle of competitiveness of the parties and free- dom in the presentation of their evidence to the court in the criminal process of some countries of the world". Uzhhorod National University Herald. Series: Law, nr 64 (14.08.2021): 313–16. http://dx.doi.org/10.24144/2307-3322.2021.64.57.
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One of the tasks of criminal proceedings is to protect the individual, society and the state from criminal offenses, which is achieved through the implementation of other tasks, in particular, by ensuring a rapid, complete and im-partial investigation and trial. In this case, any procedural decisions in criminal proceedings must be based on evi-dence that serves as a kind of link between the event of a criminal offense and the consciousness of the investigator, prosecutor, investigating judge, court. Evidence itself is the main content of criminal procedure in both the pre-trial investigation and in the judicial stages of criminal proceedings in most countries.The authors note that the Constitution of Ukraine as one of the main principles of justice provides for adversarial parties and freedom in providing the court with their evidence and proving their persuasiveness before the court. Factor The Criminal Procedure Code of Ukraine has significantly expanded the scope of this principle of the do-mestic criminal process, including in the field of evidence. Thus, the defense, as well as the prosecution, was given the opportunity to collect evidence during the pre-trial investigation, as a result of which the right of the parties and other participants in criminal proceedings to submit evidence (things and documents) is becoming increasingly important.The article also examines that the principles of criminal procedure in France include: the principle of formality, prosecution, legality, equality, dignity, protection of the victim, urgency of the trial, presumption of innocence, publicity, oral and adversarial proceedings. And the main principles of the criminal process in Germany include: the principle of formality (publicity); the principle of charge; the principle of legality and the principle of compulsory research. A characteristic feature of modern law in the field of criminal procedure in the United States is the consis-tent expansion of the institution of delegated legislation. The US Congress has delegated to the Supreme Court the right to establish rules of criminal procedure that have the force of federal law.
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Ghorbanian, Abbas Ali, Ali Mazidi Sharafabadi i Seyed Mehdi Mansouri. "The Comparison of Examples of Deviation from Jurisdiction in the Criminal Procedures of Iran and France". Cuestiones Políticas 39, nr 70 (10.10.2021): 942–65. http://dx.doi.org/10.46398/cuestpol.3970.58.
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In criminal proceedings, in special circumstances, exceptions have been provided for to deviate from the competences of the judicial authorities, and the present study aims to compare these cases in Iranian and French criminal procedure. As for intrinsic jurisdiction, the findings indicate that in Iranian criminal procedure deviation from intrinsic jurisdiction is permitted in cases such as issuing a collective verdict and observing the rules of multiple crimes. In French criminal procedure, deviation from the inherent jurisdiction is possible in limited cases and only within the framework of a referral. Moreover, as regards the rule of diversion from local jurisdiction, the fact that, without exception, that rule cannot lead to favourable judicial review of criminal cases is common to both criminal proceedings. Indeed, the need to establish exceptions and violations of this rule in order to increase the efficiency of the judiciary is inevitable. Moreover, in both Iranian and French criminal proceedings, the basis for determining personal jurisdiction is the perpetrator, so that the criminal procedure has placed the investigation of certain persons under the jurisdiction of a specific authority.
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Weill, Sharon. "French foreign fighters: The engagement of administrative and criminal justice in France". International Review of the Red Cross 100, nr 907-909 (kwiecień 2018): 211–36. http://dx.doi.org/10.1017/s1816383119000377.
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AbstractSince 2012, it is estimated that 2,000 French nationals have joined jihadist armed groups listed by the UN as terrorist organizations in Syria and in Iraq. Consequently, a new prosecution policy has been introduced in France. To date, more than 200 persons have been prosecuted and 1,600 persons have been placed under criminal investigation. In parallel, after the 13 November 2015 terror attacks in Paris, a State of emergency was declared. Persisting for two years, it introduced derogative administrative measures that slowly transgressed into regular criminal law. Consequently, French administrative and criminal courts, with ordinary judges and professional routines, find themselves involved in matters related to armed conflicts – a completely new phenomenon for them. What role has been performed by French criminal and administrative judges in the global fight against terrorism?This article takes a close look at France's fight against terrorism and the engagement of its domestic legal system in the context of foreign fighters and suspects of terrorism. It outlines the radicalization processes of French administrative and criminal law along with their hybridization and complementarity. While the armed conflict in Syria and Iraq and the complex geopolitical context are clearly present in French courtrooms, international humanitarian law and international criminal law frameworks are almost entirely absent. At the same time, by granting a growing power to the administration, the repressive and pre-emptive approaches introduced within criminal and administrative law transform liberal conceptions of law and justice.
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Coscas-Williams, Béatrice, i Michal Alberstein. "A Patchwork of Doors". New Criminal Law Review 22, nr 4 (2019): 585–617. http://dx.doi.org/10.1525/nclr.2019.22.4.585.
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Our paper surveys the development of criminal hybrid models in two continental jurisdictions, Italy and France, following the 1987 Recommendation of the Committee of Ministers of the Council of Europe to accelerate criminal proceedings through the introduction of guilty pleas, out-of-court settlements and simplified proceedings. We describe various frameworks for criminal justice as a multi-door arena, of which the plea bargaining is but one of several possibilities. In our review, we emphasize consensual elements, the place of the search of truth, and the role of the judges and other stakeholders. We outline the different paths that France and Italy have taken as incorporating adversarial and inquisitorial elements to increase efficiency. The French system made gradual modifications and remained inquisitorial by nature. Aside from the more recent integration of proceedings without trial inspired by plea bargaining, it has developed doors of abbreviated trials where the investigation stage is minimized. This has resulted in a different version of the vanishing trial—the vanishing investigation. The Italian system, on the other hand, has announced a drastic transformation to an adversarial framework of trial, while adopting mainly proceedings without trial. This shift has not resulted in a vanishing trial phenomenon, and currently, the full adversarial-type trial remains the main door in Italy. We describe the sequence of transformations of these systems and emphasize the significance of this contemporary patchwork of doors in terms of the role of the judges and the possibility of implementing a conflict resolution criminal justice perspective.
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Larkin, M. A. "Foreign experience of investigating crimes committed by members of youth informal groups (associations)". Uzhhorod National University Herald. Series: Law 3, nr 81 (19.04.2024): 121–26. http://dx.doi.org/10.24144/2307-3322.2024.81.3.17.
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The article deals with specific issues of foreign experience in investigating crimes committed by members of informal youth groups (associations). It is emphasized that the study of foreign experience in the investigation of crimes committed by members of youth informal groups (associations) will contribute to the development and improvement of recommendations for the investigation of the corresponding category of criminal offenses in Ukraine.
The peculiarities of detection and investigation of crimes committed by members of youth informal groups (associations) in France, Germany, the Netherlands, Canada and the USA are analyzed.
Most often, French youth can unite in informal groups in connection with a common place of residence (street, district, city), because of race, nationality, political views, social crises, etc. Difficulties in investigating the criminal activities of informal youth in France are associated with the active use of social networks for the preparation and concealment of committed offenses, the organization of gangs, an increase in their number, and a great public outcry.
All youth informal groups (associations) in Germany can be divided into 3 types: 1) associations of young people who are migrants, refugees and spend their free time together, live on the same street, in the same district; 2) neo-Nazi youth associations; 3) unification of youth on the basis of political views and protest sentiments.
The boom in youth crime in the Netherlands occurred in the early 1980s. But a balanced preventive work, starting in 1985, gave results. An active struggle is being waged against youth neo-Nazi groups (associations) on the Internet.
There are 434 youth gangs in Canada with approximately 7,070 members. The greatest concentration of youth gangs in British Columbia, Saskatchewan, Manitoba and Ontario.
In the 50s. XX century. American youth, and students in particular, showed themselves for the first time as an active political force, able to defend their positions on an equal footing with political parties and «adult» public organizations. The youth of that time advocated civil liberties – freedom of speech, organizations, meetings, etc. But informal youth groups in the USA are not only a subcultural phenomenon, but also gangs that actively engage in criminal activities based on the promotion of ideas, views, and lifestyles.
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Akhpanov, Arstan, Erkin Ongarbaev, Aslan Tukiev, Madeniyet Omarbekova i Maya Kulbaeva. "International Standards and Principles, Foreign Legislative Experience of Judicial Control in the Investigation Stage". Journal of Law and Sustainable Development 11, nr 10 (25.10.2023): e1788. http://dx.doi.org/10.55908/sdgs.v11i10.1788.
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Objective: The article develops the idea of the need to implement the norms of international legal acts into national legislation, borrowing positive foreign experience in implementing the norms regulating judicial control. At the same time, it is noted that the introduction of international standards and principles into national legal mechanisms is possible only taking into account the peculiarities of the legal system and the legal system of the state.
Theoretical framework: A selective analysis of the implementation of judicial control in foreign countries (France, Germany, Austria, etc.) was carried out, similarities and differences from a similar system in the Republic of Kazakhstan were revealed. The author, exploring the control powers of the court at the international level, tried to determine the importance of international standards and principles in ensuring the rights and legitimate interests of participants in criminal proceedings in the Republic of Kazakhstan.
Method: In the course of the research, a set of the following special methods was used: system-structural, formal-legal and logical analysis of the problem; expert assessment of the relevant norms of national legislation and practice of its application; interpretation of legal norms; comparative legal research; constructive-critical analysis of conceptual approaches to the problems under study; legal modeling of risks and costs of election as a prosecutor and the authorization by the investigating judge of measures of criminal procedural coercion.
Results and conclusion: Based on the comparative legal study of the norms of the criminal procedure legislation of Kazakhstan, France, Germany, England, Italy and Spain, it seems possible to note that judicial control has both similar and distinctive features. What unites these or other models is that the main purpose of judicial control is the protection, protection and restoration of the rights and freedoms of subjects of legal relations at the pre-trial stages of the criminal process.
Originality and value: One of the important signs of the rule of law, the construction of which is proclaimed by the Constitution of the Republic of Kazakhstan, is the exercise of judicial control over the preliminary investigation. Most of the member countries of the Organization for Economic Cooperation and Development (OECD) adhere to this vector of development of criminal procedure legislation. Currently, international standards and principles governing the protection, protection, restoration of human rights and freedoms accumulate the most progressive, successfully tested legal concepts, which were the natural result of the tendency to strengthen guarantees of the rights of participants in criminal proceedings. The article is devoted to the problems of legal regulation of judicial control at the stage of preliminary investigation related to compliance with international standards.
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Vasylchyshyn, Oleksandra, Volodymyr Tytor i Anastasia Tsar. "IMPLEMENTATION OF FOREIGN EXPERIENCE ON THE INVESTIGATION OF FINANCIAL CRIMES". Economic Analysis, nr 30(2) (2020): 17–23. http://dx.doi.org/10.35774/econa2020.02.017.
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The article considers foreign experience in the investigation of financial crimes on the example of such countries as the United States, Poland, Spain, Canada, France. The influence of financial crimes on the functioning and development of the state has been studied, and the peculiarities of counteracting and combating money laundering in these countries have been determined. The activity of the State Financial Monitoring Service on detection and processing of information of risky financial transactions and its cooperation with foreign divisions of financial investigations is described. The most popular countries in which there are entities with a suspicious reputation for financial transactions are identified. It is also determined that the legalization of criminal proceeds is a financial crime that encroaches on the established procedure for conducting financial transactions, and hence on the national interests of the state.
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Shataylyuk, Ekaterina E. "The Standard of Proof in the Criminal Procedure Within the Framework of Investigation of Highly Profitable Crimes (the Comparative Law Aspect)". International criminal law and international justice 2 (25.04.2024): 7–11. http://dx.doi.org/10.18572/2071-1190-2024-2-7-11.
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The article considers approaches to the legislative regulation of the standard of proof in criminal proceedings and its practical interpretation in Russia and abroad (in particular, in England, Germany, the USA and France). The author finds that the standard of proof of guilt in domestic criminal proceedings, which requires that all irremovable doubts be resolved in favour of the accused (article 14 (3) of the CPC of the RF), significantly expands the constitutional prescription, which lacks any indication of the necessity of such an evaluation of all (!) irremovable doubts (article 49 of the Constitution of the RF). At the same time, the law does not offer any additional criteria that could help to assess such doubts. Such an approach severely limits the possibilities of proof in complex criminal cases (especially high-profit crimes), where some doubts may always remain, and does not allow for a proper assessment of circumstantial evidence.
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Shevchuk, Viktor, Mariietta Kapustina, Dmytro Zatenatskyi, Maryna Kostenko i Inna Kolesnikova. "Criminalistic support of combating iatrogenic criminal offenses: Information system prospects". Social Legal Studios 6, nr 4 (12.12.2023): 208–16. http://dx.doi.org/10.32518/sals4.2023.208.
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The research relevance is stipulated by the negative dynamics of the increase in the number of iatrogenic offences in Ukraine and the need to update the criminalistic support tools to effectively counteract these types of acts. Given this, the study aims to explore the prospects for developing an information system for recording cases of defects in the provision of medical care in Ukraine to promptly detect and investigate criminal offences in the field of medical practice. Various research methods were used, including analysis, synthesis, comparison, structural and functional, statistical, formal, and legal, and deduction. The study identifies the factors that necessitate the development of an information system for registering and studying cases of inadequate medical care to patients. In addition, the author examines the experience of Denmark, Germany, Great Britain, France, and other European countries in ensuring the operation of mechanisms for recording and reporting on adverse effects caused by defects in the provision of medical care. The advantages of information systems in the context of combating iatrogenic criminal offences are also revealed and proposals for the implementation of such mechanisms in Ukraine are developed. The study pays special attention to establishing the essence of iatrogenic criminal offences and identifying their specific features which create difficulties for the investigation of criminal offences in the field of medical activity since they are latent. The results obtained in the course of the study should be used to improve the competence of criminal justice officials whose activities are aimed at conducting pre-trial investigations of iatrogenic criminal offences through the use of innovative criminalistic tools
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Roberts, P. "French Criminal Justice: A Comparative Account of the Investigation and Prosecution of Crime in France". British Journal of Criminology 48, nr 2 (6.12.2007): 269–73. http://dx.doi.org/10.1093/bjc/azn012.
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Materniak-Pawłowska, Małgorzata. "Instytucja sędziego śledczego w II Rzeczypospolitej". Czasopismo Prawno-Historyczne 65, nr 1 (2.11.2018): 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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Трунцевский, Юрий, Yuriy Truntsevskiy, Маргарет Олливьен i Margaret Olliv'en. "“PETTY” CORRUPTION IN FRANCE: THE CONCEPT AND THE METHODS OF SOCIAL CONTROL". Journal of Foreign Legislation and Comparative Law 3, nr 4 (23.08.2017): 125–30. http://dx.doi.org/10.12737/article_598063fb73c8b4.27339816.
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The article disclosed such issues as identifying the petty corruption at the national level in France in certain socio-economic spheres, the public attitude towards this phenomenon, the analysis of the mechanism and prerequisites to counter.
The author used the methods of empirical research, statistical methods, comparative legal method. The report of Transparency International: “People and corruption: Europe and Central Asia 2016” and the press were used as the basis of the study.
The situation concerning the petty corruption in France is not easy to identify because there are no much information sources. It is impossible to distinguish major from petty corruption (domestic) in France for the simple reason that a petty corruption does not interest the French public, which does not suffer from the systematic immorality of its minor officials. The share of French households experiencing corruption in accessing basic public services is only 2%. The study shows that the three main causes of petty corruption in France are: the absence of any anti-corruption policy and awareness of the importance of issues such as professional ethics, conflict of interest; low wages in certain social spheres, high corporatism, especially in the police. Prevention of corruption is possible through: training of the officials, especially those who are in direct contact with the perpetrators (police, customs and prison officers); study of the process of corruption in the investigation of criminal cases to identify contributing factors. The corruption in France is a serious crime and is punishable by long terms of imprisonment. Its definition is contained in article 435-1 of the Criminal code.
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Kulbaeva, Maya Muratovna, i Arstan Nokeshevich Ahpanov. "INTERNATIONAL STANDARDS, FOREIGN LEGISLATIVE EXPERIENCE OF JUDICIAL CONTROL IN THE INVESTIGATION STAGE". Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 2, nr 73 (30.06.2023): 86–96. http://dx.doi.org/10.52026/2788-5291_2023_73_2_86.
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One of the important features of the rule of law, the construction of which is proclaimed by the Constitution of the Republic of Kazakhstan, is the exercise of judicial control over the preliminary investigation. Most of the member countries of the Organization for Economic Cooperation and Development (OECD) adhere to this vector of development of criminal procedure legislation. Currently, international standards and principles governing the protection, protection, restoration of human rights and freedoms accumulate the most progressive, successfully tested legal concepts, which were the natural result of the tendency to strengthen guarantees of the rights of participants in criminal proceedings. The article is devoted to the problems of legal regulation of judicial control at the stage of preliminary investigation related to compliance with international standards. A selective analysis of the implementation of judicial control in foreign countries, in particular in the countries of continental Europe (France, Germany, Italy, England, Spain), identified similarities and differences from a similar system in the Republic of Kazakhstan, as well as put forward proposals to improve criminal procedure legislation in this direction. The author, examining the control powers of the court at the international level, tried to determine the importance of international standards and principles in ensuring the rights and legitimate interests of participants in criminal proceedings in the Republic of Kazakhstan. The article develops the idea of the need to implement the norms of international legal acts into national legislation, borrowing positive foreign experience in implementing the norms regulating judicial control. At the same time, it is noted that the introduction of positive experience of foreign countries, as well as international standards and principles into national legal mechanisms is possible only taking into account the peculiarities of the legal system and the system of state law. Keywords: international standards, foreign experience, protection of rights and
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Савицкая, И. Г. "Comparative legal analysis of the production of certain types of investigative actions in the Russian Federation and the Republic of Chad". Вестник Московской академии Следственного комитета Российской Федерации, nr 2(36) (10.07.2023): 84–88. http://dx.doi.org/10.54217/2588-0136.2023.36.2.010.
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Актуальность темы предопределяется общей исторической основой уголовно-процессуального права Российской Федерации и Республики Чад. До недавнего времени основным источником уголовно-процессуального права Республики Чад являлся Уголовно-процессуальный кодекс, воспринявший в качестве образца УПК Франции 1810 г. При этом некоторые современные положения действующего УПК РФ являются правопреемниками норм, сложившихся в том числе и под влиянием французского права. Первый французский Уголовно-процессуальный кодекс, принятый при императоре Наполеоне в 1808 г. и действовавший 150 лет, послужил образцом для государств как континентальной Европы, в частности Российской империи (Устав уголовного судопроизводства 1864 г.), так и стран за ее пределами. В настоящее время основным источником уголовно-процессуального права Республики Чад является новый Уголовно-процессуальный кодекс, вступивший в силу с 14 июля 2017 г., в основе которого лежит УПК Франции. В статье проведен сравнительный анализ уголовно-процессуального законодательства РФ и Республики Чад в сфере производства следственных действий на этапе предварительного расследования, а также выявлены сходства и различия в порядке и основаниях их производства. The relevance of the topic is predetermined by the common historical basis of criminal procedure law of the Russian Federation and the Republic of Chad. Until recently, the main source of the criminal procedure law of the Republic of Chad was the Code of Criminal Procedure, which adopted the Code of Criminal Procedure of France in 1810 as a model. At the same time, some modern provisions of the current Code of Criminal Procedure of the Russian Federation are the legal successors of the norms that have developed including under the influence of French law. The first French Code of Criminal Procedure, adopted under Emperor Napoleon in 1808 and in force for 150 years, served as a model for the states of continental Europe, in particular the Russian Empire (the Statute of Criminal Proceedings of 1864), and beyond. Currently, the main source of the criminal procedure law of the Republic of Chad is the new Code of Criminal Procedure, which entered into force on July 14, 2017, which is based on the Criminal Procedure Code of France. The article provides a comparative analysis of the criminal procedure legislation of the Russian Federation and the Republic of Chad in the field of investigative actions at the stage of preliminary investigation, and reveals similarities and differences in the procedure and grounds for their production.
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Ross, Jacqueline. "Jacqueline Hodgson, French Criminal Justice: A Comparative Account of The Investigation And Prosecution Of Crime in France". American Journal of Comparative Law 55, nr 2 (2007): 370–79. http://dx.doi.org/10.1093/ajcl/55.2.370.
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Samoshchenko, I., i O. Zhytynskyi. "On the problem of criminal law protection of state symbols: Ukrainian and foreign experience". Problems of legality, nr 156 (22.04.2022): 76–98. http://dx.doi.org/10.21564/2414-990x.156.252293.
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The article reveals the problem of Ukrainian and foreign state symbols criminal law protection considering domestic and world practice. The relevant norms of criminal laws of the Russian Empire, USSR and Poland, which were in force in the Ukrainian lands in the XIX-XX centuries, have been examined. An analysis of domestic judicial practice in criminal cases related to the abuse of state symbols has been done. It has been illustrated that Ukrainian law enforcement agencies do not always correctly determine the nature of this crime. That is due to the lack of constitutional laws enshrining the system of state symbols of Ukraine, as well as gaps in legal regulation, in particular in the aspect of criminal protection of the European Union flag as membership in this organization is a strategic foreign policy priority of Ukraine. Inter alia, the erroneous legal treatment of individuals’ actions during the protest which took place near the President’s Office on March 20, 2021 as an insult to the State Emblem has been emphasized. The authors also considered solutions of the problem within the framework of a particular legal system – in criminal law of the United States, Germany, France, Spain, Iceland, the United Arab Emirates, Uzbekistan, Japan and other countries. The scientific novelty of this investigation, among other things, is in the examination of both retrospective and prospects of legal responsibility for disrespect of the State language, which is necessary to establish according to the Constitutional Court’s decision on the validity of the Law of Ukraine “On ensuring the functioning of the Ukrainian language as the state language”. However, the authors are inclined to think that this issue should be regulated by administrative law, given the experience of some post-Soviet states. Proposals for amendments to the Criminal Code of Ukraine have been made.
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Kim, Jae Min. "Effective Guarantee of the Victims' Right to Read and Copy Investigative Documents". Korean Association Of Victimology 30, nr 2 (31.08.2022): 123–50. http://dx.doi.org/10.36220/kjv.2022.30.2.123.
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In order for the victim to fully recover the damage caused by the crime in the criminal procedure, he/she must be able to participate with the legal status of the litigant. However, there are many limitations in participating in criminal proceedings because the victim is still in the position of a witness within our criminal justice system. The victim's right to read and copy investigative documents, one of the means of participating in criminal proceedings, is a type of right to collect information based on the constitutional right to know, and is the right to read or receive copies of information held and managed by criminal justice agencies. The Korean Criminal Procedure Act has no basis of applying for and providing information on investigative documents before filing a prosecution, but it is possible to view and copy them on specific cases under investigation through the special law such as ‘Information Disclosure Act’ and ‘Sexual Violence Act’ in Korea. In practice, the criteria for permission and restriction of reading and copying investigative documents are prepared as a form of legal orders and administrative rules, allowing victims to read and copy the documents. However, since there is a ruling that it is unconstitutional and illegal to restrict the victim's right to information in sub-laws without a basis for delegation under the higher law, it is necessary to prepare permission requirements and grounds through its delegation for reading and copying investigative documents. In addition, it will be difficult to upgrade the status of victims to the same level of litigation as Germany and France, but it is necessary to allow them to participate in the lawsuit, guaranteeing the right to appoint lawyers, and providing appropriate remedies, while imposing legal responsibility on the victims who use them for other purpose.
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Lagreou, Helena. "Hung up on Judas: A Case Study on the Pragmatic Usage of Religious Iconography in Legal Manuscripts of the Institutiones". Eikon / Imago 12 (28.01.2023): 29–43. http://dx.doi.org/10.5209/eiko.83411.
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This article serves both as survey of illuminated manuscripts of the Institutiones and an analysis of the links between the iconography of criminal law and the model of Judas hanged. This investigation is based on the study of all digitalised manuscripts of the Institutiones. The corpus is composed of manuscripts ranging from the fifth to fifteenth century, produced all over Europe. The study elucidates how illuminated manuscript boomed during the thirteenth century, with Bologna at its heart. The production continued growing until the fourteenth century, to eventually die down during the fifteenth century. The world of legal manuscript’s illumination was Bologna-centric, however, some competitors, namely France and Germany, offered a visual counterpoint to understand this great iconography. When developing iconographic cycles around criminal law, two approaches existed. The approach developed in Northern Italy incorporated the representation of either a decapitation or a presentation of a prisoner. These illuminators created a specific iconography to further a distinctive visual identity within the field of legal manuscripts, whereas the rest of Europe adopted uniformly the image of a hanged man. This form of depiction takes for its model the motif of Judas hanged, heavily linking criminality to religion.
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Halunko, Vira, Oleh Shkuta, Oleh Predmestnikov, Nataliia Petrenko i Nina Holenko. "International Experience in Assessing the Effectiveness of Law Enforcement Agencies in Crime Prevention". Cuestiones Políticas 39, nr 68 (7.03.2021): 343–55. http://dx.doi.org/10.46398/cuestpol.3968.21.
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The objective of the investigation was to analyze some international experience in assessing the effectiveness of law enforcement in crime prevention. Methodologically, the dialectic method, typical of materialistic philosophy, was combined with scientific techniques of cognition. It is concluded that the basis for assessing the effectiveness of law enforcement agencies in different countries is based on a set of quantitative and qualitative criteria; sometimes such criteria conflict with each other, as some are beneficial for bureaucratic reporting, while others reflect the public's interests. Public opinion, as one of the main criteria, is becoming increasingly important in assessing the effectiveness of law enforcement agencies in some countries (e.g., the Slovak Republic), and in the US, France, Japan, Austria, and Italy, it is a traditional evaluation tool. Ambiguous is the use of statistics to assess the effectiveness of law enforcement in certain countries and Finally, there are countries where criminal statistics are a priority to determine the effectiveness of law enforcement and in others not.
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Romantsova, S. V. "The experience of the countries of the European Union regarding the protection of the rights and freedoms of citizens in penitentiary institutions". Analytical and Comparative Jurisprudence, nr 4 (14.09.2023): 387–93. http://dx.doi.org/10.24144/2788-6018.2023.04.62.
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The article conducts a theoretical and legal study of the experience of the European Union countries regarding the protection of the rights and freedoms of citizens in penitentiary institutions. The methodological basis of the study was the dialectical method of studying social processes, a systematic approach, general provisions of philosophy, theory of the state and law, constitutional, criminal and criminal law, criminology, psychology and private scientific methods of knowledge: historical, comparative legal, sociological and logical . An analysis of international standards for the treatment and detention of convicts was carried out, issues related to the protection of the rights of individuals, ways of implementing the norms of international legal acts that enshrine human rights and freedoms into national legislation were determined. The rights of persons held in correctional institutions are a set of natural and acquired rights, protected by the state, of persons serving a sentence in the form of deprivation of liberty, enshrined in normative legal acts. The legal interest of convicts understood as the established, state-protected right to realize the convicts’ aspirations to own significant goods, which depends on the fulfillment of a number of conditions established by law. The relevant international standards analyzed and critically evaluated the Minimum Standard Rules for the Treatment of Prisoners, the European Penitentiary Rules, the Tokyo Rules, the practice of the European Union in the field under investigation. The existing standards of restrictions on the rights of prisoners in France, Great Britain, the Federal Republic of Germany, Spain, and Italy reviewed and commented on. The process and problems of implementation of the standards of limitations of rights stipulated in the regulatory legal acts of Ukraine and implementation of the experience of the European Union countries described. It noted that the priorities in the field of execution of punishments in accordance with the Strategy for reforming the penitentiary system for the period until 2026 are: ensuring human rights, observing the minimum standard rules for the treatment and detention of convicted persons, increasing the effectiveness of the criminal enforcement system.
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Graybill, Lela. "The Forensic Eye and the Public Mind: The Bertillon System of Crime Scene Photography". Cultural History 8, nr 1 (kwiecień 2019): 94–119. http://dx.doi.org/10.3366/cult.2019.0188.
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In fin de siècle France, Alphonse Bertillon—best known for his widely adopted system of criminal identification—pursued “other applications” for judicial photography, suggesting that photography might be used to procure “an exact, complete, and impartial” view of “locales, things, and beings.” Photography, Bertillon was suggesting, could preserve a crime scene. In many ways, crime scene photography seems like the logical fulfillment of what Allan Sekula termed the “evidentiary promise” of photography. Understanding crime scene photography as a form of evidence places it in the realm of empirical science, with the photograph preserving proof of misdeeds and aiding the detective's forensic pursuit of truth. But, perhaps surprisingly, this was not the use that Bertillon foresaw for crime scene photography. Instead he suggested that crime scene photography was destined for the courtroom, and for the eyes of the jury. There it would not be a vehicle of objective proof, but rather an emotional catalyst for conviction. This paper examines the Bertillon system of crime scene photography as a rhetorical strategy calibrated for emotional impact, showing how it attempted to move viewers from the space of investigation and uncertainty to the space of conviction.
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Bilalli, Arta. "Interrogations And The Right To Remain Silent - A Comparative Approach". SEEU Review 11, nr 1 (1.12.2015): 69–78. http://dx.doi.org/10.1515/seeur-2015-0010.
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Abstract Interrogations are a very specific component of any criminal investigation. The answers gained through interrogative process provides information that are considered as direct evidences. In contemporary criminal procedure, the court is not absolved from gaining other evidences, even in cases when the defendant confesses his/her guiltiness. This is a mechanism for excluding the inquisitorial approach for extracting compulsory confessions. The modern procedure uses a variety of mechanisms to guarantee that the defendant will not be compelled to confess guilt. Those mechanisms are part of most important international conventions as International Convention for Civil and Political Rights, the European Convention on Human Rights, the American Convention on Human Rights, the Statutes of International Tribunals (i.e. International Tribunal for ex-Yugoslavia, International Tribunal for Rwanda) and part of different constitutional and legal acts of modern states. A very interesting “highlight” remains the right to silence which guarantees that the defendant might remain silent and it will not be interpreted against him. The defendant, even in cases with direct evidences, can remain silent and cannot be forced to answer given questions. Another “highlight” is that one that appears from the privilege against self-incrimination that allows the defendant to not answer a question, if by answering, he/she may confess guilt or incriminate him/herself. How deep is this privilege? Are there, maybe questions, that he/she are obliged to answer (i.e. disclosure of identity?) The article will focus in interrogations and the right to silence by most important international acts and domestic acts of different countries (USA, France, Germany, Albania, Kosovo, Macedonia) and upcoming specifics in the relation interrogations vs. remaining silent.
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Гирько, С. И., С. В. Харченко, А. А. Долгополов i А. М. Камбаров. "Russian accelerated inquiry: modern metamorphoses of the procedural form". Penitentiary Science, nr 3(59) (30.09.2022): 274–84. http://dx.doi.org/10.46741/2686-9764.2022.59.3.005.
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Введение: в последнее время поиск ускоренных и упрощенных форм досудебного производства как в России, так и за рубежом является проявлением тенденции гуманизации уголовного процесса. Однако анализ позиций ученых-процессуалистов в научной литературе, рассмотренный через призму международных стандартов полицейского дознания, не дает окончательного ответа о целесообразности проведения дознания в сокращенной форме. Cтавя цель исследования, авторы связывают современное состояние эффективности ускоренного дознания с определением способов оптимизации организации расследования преступлений и решением ряда проблем дифференциации процессуальной формы производства дознания. Методологическую базу исследования составила следующая совокупность теоретических и эмпирических методов научного познания действительности: теоретические познания основывались на анализе научных источников и размышлении авторов на тему законодательного регулирования ускоренной формы дознания, а эмпиризм выводился из практики применения данной формы. Обсуждение: авторами исследования оценена продолжающаяся в отечественной научной литературе дискуссия по проблеме восприятия дознания в ускоренной форме как самостоятельной процессуальной формы, введенной в российский уголовный процесс. Рассмотрено развитие гибридных моделей уголовного правосудия в двух континентальных юрисдикциях (на примере Франции и Италии). В странах англосаксонской правовой системы, таких как США, Великобритания, Австралия, упрощенная процедура, как правило, связана с заключением сделки с правосудием на стадиях и расследования, и судопроизводства. В государствах – участниках СНГ (Казахстан, Беларусь, Молдова) был избран подход к ускоренной форме досудебного производства, позволяющий только сократить его срок. Вывод: решение проблемы авторы видят в приведении отечественных практик в соответствие с международными стандартами процедур полицейского дознания. Исследование показало, что, несмотря на дискуссии ученых, модель ускоренного дознания, введенная в УПК РФ, в целом соответствует предъявляемым требованиям, а организационные меры МВД России позволят распространить эту практику. Результаты исследования расширяют знания о закрепленной в УПК РФ унифицированной процедуре и способствуют ее дальнейшему совершенствованию. Introduction: recently, the search for accelerated and simplified pre-trial proceedings both in Russia and abroad is a manifestation of the trend to humanize the criminal process. However, the analysis of the stance of procedural law scholars in the scientific literature considered through the prism of international standards of police inquiry does reveal the expediency of conducting an abbreviated inquiry. Defining the purpose of the research presented in the article, the authors link the current state of the accelerated inquiry efficiency with the definition of ways to optimize organization of crime investigation and solve a number of problems to differentiate the procedural form of inquiry. The following set of theoretical and empirical methods of scientific cognition of reality comprises the methodological basis of the research. Theoretical knowledge is based on the analysis of scientific sources and the authors’ reflection on the topic of legislative regulation of an accelerated inquiry; empiricism is derived from the practice of using this form. Discussion: the authors of the study evaluate the ongoing discussion in the Russian scientific literature on the problem to consider an accelerated inquiry as an independent procedural form introduced into the Russian criminal process. Development of hybrid models of criminal justice in two continental jurisdictions (on the example of France and Italy) is considered. In the countries of the Anglo-Saxon legal system, such as the USA, Great Britain, Australia, a simplified procedure is usually associated with the conclusion of a plea bargain both at the stage of investigation and legal proceedings. The CIS member states’ (Kazakhstan, Belarus, Moldova) approach to accelerated pre-trial proceedings only shortens its term. Conclusion: the authors see the solution to the existing problem in bringing domestic practices in line with international standards of police investigation procedures. The study shows that despite discussions of scientists, the accelerated inquiry model introduced in the Criminal Procedural Code of the Russian Federation, in general, meets the requirements, and organizational measures of the Ministry of Internal Affairs of Russia will allow to spread this practice. The results of the study expand knowledge about the unified procedure enshrined in the Criminal Procedural Code of the Russian Federation and contribute to its further improvement.
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Caianiello, Michele. "The decision to drop the case in the new EPPO’s regulation: Res Iudicata or transfer of competence?" New Journal of European Criminal Law 10, nr 2 (czerwiec 2019): 186–99. http://dx.doi.org/10.1177/2032284419860221.
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This article discusses one of the most important decisions the European Public Prosecutor’s Office (EPPO) can take: the decision to drop a case. When this happens, the case will either be referred to national prosecutors or to the European Anti-Fraud Office (OLAF) or dismissed entirely. Why is this an important decision? Because it means the EPPO declines to prosecute, prosecution being (along with investigation) its very raison d’être. This is why it is important to understand how and when the EPPO may drop a case. In this respect, the EPPO Regulation (adopted on 12 October 2017) pursues two goals: first, it seeks to leave the EPPO a certain margin of discretion when deciding whether to drop a case; secondly, however, it seeks to limit that discretion in order to reduce the risk of decisions that are arbitrary or based on irrelevant considerations. This article argues that this strikes an acceptable balance between two different legal traditions: the ones inspired by the strict legality principle, such as Italy and Germany, and those inspired by the principle of opportunity, such as France or England and Wales. The article further explores how this balance is consistent with the emerging principles of international criminal law, where international tribunals try the most serious crimes only.
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Skrypnyk, Andrii, i Ivan Titko. "Use of Information from Electronic Media in Criminal Proceeding of Several European States: Comparative Legal Research". SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 3, nr 15 (2019): 8–23. http://dx.doi.org/10.25143/socr.15.2019.3.008-023.
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Investigation of criminal offenses is becoming increasingly associated with the use of information in electronic form. Electronic evidence becomes an integral part of the normative basis of criminal proceeding. The article is devoted to the comparative legal study of the use of information from electronic media in criminal proceeding of several European states. First, the experience of “classical” states of the continental legal system (France, Germany, and Italy) was highlighted. Further, the study of the Baltic region states experience was carried out in relation to each of the states not in isolation, but according to the most favorable structure for comparison. After that some general trends and the most striking problems with the subject were shown. General conclusions related both to signs of electronic evidence and to the most demanded procedural mechanisms for obtaining such data were made. Reglamentētie pierādījumu avoti un procesuālie rīki to saņemšanai vairs nevar ignorēt milzīgo elektronisko datu daudzumu, kas satur unikālu informāciju noziegumu atklāšanai. Tajā pašā laikā katra tiesību sistēma dažādos veidos pielāgojas mūsdienu apstākļiem. Ņemot vērā tiesību sistēmu elementu līdzību rumāņu-ģermāņu (kontinentālajā) juridiskajā saimē, tai piederošo valstu salīdzinošais juridiskais pētījums ir īpaši vērtīgs. Tāpēc salīdzinošajai juridiskajai analīzei tika izvēlētas sešu Eiropas valstu (Francijas, Vācijas Federatīvās Republikas, Itālijas, Igaunijas, Latvijas un Lietuvas) tiesību sistēmas. Ārvalstu pieredzes pētījums tika veikts noteiktā secībā: tiesiskais regulējums; elektronisko pierādījumu vieta pierādījumu avotu sistēmā; cilvēktiesību un brīvību ievērošanas problemātiskie jautājumi; publiskas un slepenas izmeklēšanas darbības, kas var sniegt elektronisku pierādījumu iegūšanu. Tika secināts, ka no elektroniskajiem plašsaziņas līdzekļiem iegūtās informācijas juridiskais statuss pierādījumu avotu sistēmā iepriekš minēto sešu valstu tiesību aktos ir atšķirīgs. No vienas puses, elektroniskie pierādījumi jau ir iekļauti kriminālprocesa sistēmā (ar visām no tā izrietošajām sekām – imunitātes izplatību, tiesiskajām garantijām utt.), kurai ir jāpielāgo tradicionālie noteikumi jauniem nosacījumiem. No otras puses, elektroniskajiem pierādījumiem ir sava specifika, kuras ignorēšana var atcelt to vākšanas rezultātus, kuriem savukārt ir nepieciešami jauni normatīvi. Tiek uzsvērts, ka, izstrādājot procesuālus mehānismus informācijas vākšanai elektroniskā formā, ir jāņem vērā abi aspekti. Nobeigumā tiek secināts, ka vienotu starptautisku procedūru trūkums rada problēmas, vācot elektroniskus pierādījumus no citu valstu teritorijas.
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Nawrocki, Karol. "“Autogangs”. Car Smuggle to Communist Poland in the 1980s". Studia Historiae Oeconomicae 34, nr 1 (1.12.2016): 167–82. http://dx.doi.org/10.1515/sho-2016-0010.
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Abstract The article refers to the economic consequences of the post-war division of Europe into the capitalist West and communist East. One of the consequences of this division was the creation of peculiar crime phenomenon on the eastern side of the “iron curtain”, which consist on exploit the prices and goods availability differences between wealthy West and backward East of Europe. This being the case of illegal movement of goods, begun from the 1940s, between those two worlds. In article you can find the outline of characteristic for the whole Polish “People’s” Republic period smuggling conducts. The key subject of following text is first of all the problem of car smuggling in the 1980s, which wasn’t researched by polish historians before. In this interesting for us times in Western Europe (West Germany, Austria, France) and in Scandinavia at least few groups of organized crime were active in a areas of car stealing and smuggling a luxury goods into Poland. The essence of following article are the presentation of these groups, their bosses, criminal practices and techniques and indication of the cooperation between polish car smugglers and western countries citizens. Sources for this text are based first of all on operational and investigation records of former Security Service collected in archives of the Institute of National Remembrance.
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Park, Jung-nan. "A Review for the Direction of Establishing Desirable Detention Standard: Focusing on A Harmonious Operation Between Conditional Release and Preventive Detention". Korean Association of Criminal Procedure Law 16, nr 1 (30.03.2024): 83–114. http://dx.doi.org/10.34222/kdps.2024.16.1.83.
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‘Investigation and trial without detention’ is an explicit principle that criminal procedure law regulates, and suspects can only be detained when grounds for detention under the law exist. However, it is improper to maintain to apply current grounds for detention considering continuous circumstances, in which suspects, who were released for the reason there are no grounds for detention, inflict social hazards such as harming the victims.
For the circumstance that the suspect has a steady residence and when there is no worry about the suspect destroying evidence or running away but there is a high possibility that the suspect harms the victim again or creates another victim by doing another crime, it is known that the Supreme Court is considering ‘expansion of grounds for detention’ and ‘adopt of conditional release’ to deal with the suspect’s whereabouts.
Although the consideration of the Supreme Court has already been in practice and academia for a long time, claiming two different policies was indeed from two different perspectives. The ‘expansion of grounds for detention’ has been claimed from the perspective that highlights the necessity of investigation under detention, however the ‘adoption of conditional release’ has been insisted from the view that emphasizes the thorough realization of the principle of 'investigation without detention'. However, the ‘expansion of grounds for preventive detention’ and ‘conditional release’ are by no means separate directions on parallel lines, but when operated in harmony together, desirable detention standards can be established and the problems currently faced can be resolved. This thesis demonstrated the way to harmoniously operate both policies.
The suspects need ‘grounds for detention’ to gain conditional release as ‘Conditional release’ does have a characteristic of probation of detention. Therefore, to prevent social hazards by conditionally releasing the suspects who can harm the victim or have a high danger of recidivism, it is needed to expand ‘grounds for detention’ so that ‘the possibility of harm to the victim’, ‘the danger of recidivism’ and others can be acknowledged to be ‘grounds for detention.' The major purposes of detention basically are the progress of the criminal procedure and securing the execution of punishment, though, preventive detention should be recognized to be another important purpose of detention, as it prevents a suspect suspected of a crime with highly probable evidence from freely acting so that he or she cannot cause another crime or harm the victim again and therefore keeps the security of individual citizens and society. Leading countries such as the U.S., Germany, France, and many others broadly accept grounds for detention including preventive detention while they also operate a system similar to conditional release.
On the other hand, specific standards are required to prevent arbitrary abuse of the judge’s discretion in selection between executing an arrest warrant or conditional release. The standards need to be established in three concrete ways. Firstly, as sentencing factors do, ways that considering factors for grounds for detention can be reflected objectively and practically should be devised, and specific standards such as reasons for the prohibition of conditional release or those considering factors should be regulated on related laws such as criminal procedure law. Secondly, a judge in charge of a warrant should notify the suspect and the prosecutor with a document that includes detailed reasons for the decision of the suspect’s detention. Lastly, direct means of objection, such as a warrant appeal system need to be introduced.
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Pourkabgani, Marzieh. "Investigating and evaluating the status of victims in the criminal procedure codes of Iran and France". International Academic Journal of Social Sciences 06, nr 01 (6.06.2019): 150–54. http://dx.doi.org/10.9756/iajss/v6i1/1910014.
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Turenne, Sophie. "French Criminal Justice: A Comparative Account of the Investigation and Prosecution of Crime in France , by Jacqueline Hodgson. Oxford: Hart Publishing, 2005, xvii + 251 + (appendices and bibliography and index) 28pp. (£30 paperback). ISBN 1-84113-429-5." Legal Studies 26, nr 4 (grudzień 2006): 605–8. http://dx.doi.org/10.1111/j.1748-121x.2006.00035_2.x.
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Marian, Maud. "The Concorde Accident Criminal Trial in France". Air and Space Law 36, Issue 2 (1.04.2011): 131–38. http://dx.doi.org/10.54648/aila2011017.
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On 6 December 2010, the Criminal Court of Pontoise (France) issued a guilty verdict against Continental Airlines and its employee, John Taylor and exonerated all of the French defendants, signaling the epilogue of the Concorde long running criminal proceedings arising out of the Concorde accident in Paris on 25 July 2000. On the basis of the expert reports issued by a pilot expert who had been working as a pilot of Air France for forty years at the time he was appointed by the Investigating Magistrate, the Court has rejected the principal argument for the defence of Continental Airlines and has determined the taxiing of the Concorde over the wear strip from the Continental Airlines DC 10 to be the sole cause of the accident. Continental's mechanic, John Taylor, was found guilty and sentenced for involuntary homicide and manslaughter because he had violated the rules of manufacture and attachment of the wear strip on the Continental DC10 and the simple negligence of Taylor's supervisor Mr Ford lead to the finding of criminal responsibility of Continental Airlines. By declaring Continental's submission as to the lack of objective impartiality of the pilot expert non admissible and time-barred the French Criminal Court has raised questions as to the role of equity and fairness in the French criminal system. The Court of Appeal of Versailles will review the first instance decision since all of the parties have appealed.
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Oxman, Bernard H., i Brigitte Stern. "Universal jurisdiction over crimes against humanity under French law—grave breaches of the Geneva Conventions of 1949—genocide—torture—human rights violations in Bosnia and Rwanda". American Journal of International Law 93, nr 2 (kwiecień 1999): 525–29. http://dx.doi.org/10.2307/2998008.
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In rejavor. In re Munyeshyaka.French Cour de cassation, Criminal Chamber, March 26, 1996.In Re Munyeshyaka. 1998 Bull, crim., No. 2, at 3.French Cour de cassation, Criminal Chamber, January 6, 1998.In the Javor case, certain Bosnian victims of the policy of “ethnic cleansing” that took place in Bosnia and Herzegovina, who were refugees in France, tried to rely on the universal jurisdiction of the French courts in order to file a criminal complaint (plainte avec constitution departie civile) with an investigating magistrate (juge d'instruction) against their Serb torturers.
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Song, Kwang Soub. "Empirical and comparative law analysis of foreign warrant appeal systems and case law, and proposal of amendments to Korea’s Criminal Procedure Law and Arrest Standard Review Board". Wonkwang University Legal Research Institute 38, nr 4 (31.12.2022): 73–101. http://dx.doi.org/10.22397/wlri.2022.38.4.73.
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There are broad deviations in the perspectives of stakeholders in the application and request for an arrest warrant, as well as other related processes, including the dismissal and issuance of the warrant. The deviations can be attributed to the imbalance of power between stakeholders, including the police’s dependence on the prosecution’s request for supplementary investigation for warrant application, return and request, internal conflict between the prosecution and the court due to the court’s power to dismiss or issue the arrest warrant requested by the prosecution and conflicting standards for arrest warrant applications. This is a consequence of the varying and ambiguous standards for applying, requesting and issuing a warrant.
In Korea, the conflict between the prosecution and the court over the request for warrants and dismissals have been ongoing over a long time, resulting in the aggravation and intensity of the people’s distrust in the judicial system.
As the grounds for arrest are abstract and ambiguous in the Criminal Procedure Law, it is unavoidable to depend on the judge’s arbitrary decision. In order to avoid this issue, appeals to the warrant judge’s decision should be allowed. However, precedents set by the Supreme Court and the position of appeal disapproval oppose such a proposal.
The major cause for such issues is the fact that a warrant judge is a case-accepting judge. Thus, to have an appeal or quasi-appeal, the judge is required to become a ‘court’ of Article 402, which is not applied to these circumstances. In the case of warrant dismissal, there is a system called the reapplication for warrant. If the appeal is allowed, the suspects’ unstable state will continue for a long time, which can seriously violate the suspects’ freedom and human rights.
However, in the interpretation of Clause 1 of Article 101 of the Constitution, and Clause 1 of Article 5 and Clause 4 of Article 7 of the Court Organization Act, a case-accepting judge as a single judge becomes a ‘court’ similar to that of a collegiate panel, so the warrant dismissal is not an order, but a decision. The reapplication for a warrant should not be considered as disobedience of a decision of dismissal. The reapplication for a warrant by reinforcing the reason for warrant request after dismissal does not prevent the warrant judge’s arbitrary judgment. The reapplication for a warrant with no limitation in time can cause greater anxiety in respect to the violation of freedom and human rights.
Based on statistical analysis, since the introduction of the arrest warrant examination system in 1997, the current total arrest warrant request rate in 2019 has decreased by 78%, and the warrants directly requested by prosecutors has also decreased by 70%. Despite the great decrease in the request for warrants, the warrant dismissal rate increased almost 30% in 2019, which was 4.6 times greater than in 1997. Even though this is caused by the consistent emphasis of guaranteeing suspects’ freedom and defense rights, the national risk of crime has relatively increased. In order to limit the warrant judges’ arbitrary judgment on the decision of warrant dismissal, the United States and United Kingdom, and the continental countries such as Germany, France and Japan are already operating the warrant appeal system.
Meanwhile, the partial revision of the Criminal Procedure Act in 2007 resulted in the prosecution and the court being conflicted over the warrant appeal system. After establishing the appeal system on the decision to dismiss a request for evidence preservation in Clause 4 of Article 184, proposed by the Presidential Commission on Judicial Reform, the discussion of the warrant appeal system was postponed.
This was approximately 14 years prior to today. Now, the discussion to introduce the warrant appeal system can no longer be postponed.
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Tan, Xiao, Tsz-Fung Tony Tse, Siu Ming Yiu i Hiu-Man Human Lam. "A Case Study on Multi-Countries Money Laundering Scheme and A Proposed Automatic Detection System". International Conference on Cyber Warfare and Security 19, nr 1 (21.03.2024): 385–94. http://dx.doi.org/10.34190/iccws.19.1.1984.
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This paper presents a case study on the Franco-Israeli syndicates orchestrating their cross-continental money laundering schemes. These money laundering schemes have been operating for over two decades, ever since China’s entry to the World Trade Organization in 2001. The paper reviews the operation of the money laundering schemes in detail and highlights the difficulties encountered by bankers and investigators in unearthing and investigating criminal activities within the banking systems. The paper then proposes an automatic anti-money laundering system, which is expected to address these difficulties. Preliminary experimental results show that the system successfully identifies the crux of these money laundering syndicates within a few days’ time, something which usually takes years of investigation to track down the suspects using traditional methods, as well as its ability to initiate pre-warning procedures to the banks and law enforcement agencies once suspicious transaction clusters are found. The paper concludes with a discussion on the legal implications encompassing the evidence projected by this system.
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O’Brien, Ellen L. "“THE MOST BEAUTIFUL MURDER”: THE TRANSGRESSIVE AESTHETICS OF MURDER IN VICTORIAN STREET BALLADS". Victorian Literature and Culture 28, nr 1 (marzec 2000): 15–37. http://dx.doi.org/10.1017/s1060150300281023.
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To say that this common [criminal] fate was described in the popular press and commented on simply as a piece of police news is, indeed, to fall short of the facts. To say that it was sung and balladed would be more correct; it was expressed in a form quite other than that of the modern press, in a language which one could certainly describe as that of fiction rather than reality, once we have discovered that there is such a thing as a reality of fiction.—Louis Chevalier, Laboring Classes and Dangerous ClassesSPEAKING OF NINETEENTH-CENTURY FRANCE, Louis Chevalier traces the bourgeoisie’s elision of the working classes with the criminal classes, in which crime becomes either the representation of working class “failure” or “revenge” (396). Chevalier argues that working- class texts “recorded” their acquiescence to and acceptance of “a genuine fraternity of [criminal] fate” when they “described and celebrated [it] in verse” (397). Though a community of fate might inspire collective resistance, popular poetry and ballads, he confirms, reproduced metonymic connections between criminal and worker when “their pity went out to embrace dangerous classes and laboring classes alike. . . . One might almost say [they proclaimed these characteristics] in an identical poetic strain, so strongly was this community of feeling brought out in the relationship between the favorite subjects of working-class songs and the criminal themes of the street ballads, in almost the same words, meters, and tunes” (396) Acquiescence to or reiteration of worker/criminal equations established itself in workers’ views of themselves as “a different, alien and hostile society” (398) in literature that served as an “involuntary and ‘passive’ recording and communication of them” (395). Though I am investigating Victorian England, not nineteenth-century France, and though I regard the street ballads as popular texts which record resistance, not acquiescence, Chevalier’s work usefully articulates the predicament of class-based ideologies about worker and criminal which functioned similarly in Victorian England. More importantly, Chevalier acknowledges the complexity of street ballads as cultural texts..
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Kim, Nam Wook. "A Study on the Legislative System of the Anti-Corruption Act". Korea Anti-Corruption Law Association 7, nr 1 (28.02.2024): 3–32. http://dx.doi.org/10.36433/kacla.2024.7.1.3.
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The Criminal Law, the Unfair Solicitation Prohibition Act, the Conflict of Interest Prevention Act, the Public Officials Ethics Act, and the Public Officials Report Protection Act have been enacted and implemented in Korea to eradicate corruption according to the type of corruption, the degree of corruption, and the change of the times. After the enactment of the Unfair Solicitation Prohibition Act and the Conflict of Interest Prevention Act, Korea ranked 31st in 2022. Since the Public Officials Ethics Act contains a number of contents to be regulated in the Conflict of Interest Act, it is necessary to regulate it in the Conflict of Interest Act, but it is necessary to reasonably improve the Public Officials Ethics Act. In addition, although it was originally intended to enact the Unfair Solicitation and Conflict of Interest Prevention Act, the anti-corruption system is operated under the division of law, so the efficiency and effectiveness of corruption prevention need to be reorganized into an integrated law. On December 4, 1998, and December 2, 1999, the Framework Act on Anti-Corruption was proposed to the National Assembly twice to prevent and eliminate fundamental corruption, but the Framework Act on the Prevention of Corruption was withdrawn or automatically discarded due to the expiration of the National Assembly due to differences in positions between the ruling and opposition lawmakers. In 2001, the Corruption Prevention Act, a general corporation of the Public Officials Act, was enacted to establish a clean social climate by efficiently regulating corruption prevention and corruption activities. After examining the main contents of Korea's anti-corruption legislation, including the Constitution, and related anti-corruption laws, it is necessary to consider the implications of the anti-corruption legal system by referring to legislative examples in the UK, the US, and France. Korea's anti-corruption system under the Corruption Prevention Act is centered around public organizations and public officials, but it does not regulate corruption prevention and corrupt practices for companies, making it impossible to break the chain of corruption. There is a need to strengthen democracy, the rule of law and national competitiveness by enacting the Basic Anti-Corruption Act and introducing an anti-corruption system not only for public officials but also for companies above a certain size (mid-sized companies and large corporations). Therefore, the relationship with other laws, the anti-corruption responsibilities of the state, local governments, public organizations, companies, and citizens, basic anti-corruption principles, anti-corruption policies, comprehensive anti-corruption plan and implementation plan, corruption risk assessment system, and civil rights. It would be desirable to regulate the committee's compulsory investigation rights, city/provincial anti-corruption committees, public organization anti-corruption committees, establishment of anti-corruption offices, internal audits and public audit request systems, and penalties, etc., in the Framework Act on Corruption Prevention.
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Kovalova, Nataliia A., i Yaroslava V. Kovalova. "THE RECEPTION OF MARGINALITY IN POSTMODERN AESTHETICS: PATRICK SÜSKIND’S VISION". Alfred Nobel University Journal of Philology 2, nr 26/1 (20.12.2023): 105–20. http://dx.doi.org/10.32342/2523-4463-2023-2-26/1-8.
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The purpose of the article is to trace the fictional features of the reception of marginality through the prism of social communication of the main characters in Patrik Süskind`s texts “Der Kontrabass”, “Das Parfüm”, “Die Taube”, “Die Geschichte von Herrn Sommer”. The task is to find out the signs of marginalization of the main characters, to understand their symbolic essence, to determine the triggers that provoked the “borderline” state of a person, and the literary techniques used by the author to reveal the problem of marginality. Historical-literary, cultural-historical, hermeneutic, comparative research methods, sociological approach in the study of marginality were used in this investigation. The concept of “marginality” is interpreted as the presence of an individual in a borderline, peripheral state in relation to other social or professional communities. In the works of Patrick Süskind, within the framework of postmodern aesthetics, a type of marginal hero is invented, and some variations of him are built. The key motif in reproducing the mechanism of marginalization of characters in P. Süskind`s stories is the motif of loneliness in its various manifestations: the seclusion of the hero, his alienation from society, sociophobe. It was found that the image of a marginal hero is not typical, Süskind’s characters are different: the contrabass player is a procrastinator, the perfumer Jean-Baptiste Grenouille is a brilliant criminal, the bank guard Jonathan Noel is a modernized image of a “man in a case”, the eccentric traveler Herr Sommer is a sociophobe. The last literary character is open to the world (three other characters can be described as “recluses”). The image of Grenouille is a simulacrum, and as for other literary characters, readers can find their prototypes in real life. It is emphasized that the author forces readers to look at the problem of marginality in a new way: these are not only scum but also creative people who somehow ended up in the peripheral state of a certain professional or social community. Such creative natures appeared in Süskind’s texts as a contrabass player and a perfumer – in order to clarify the mechanism and features of their marginalization, the author reconstructed the professional environment in the historical context in detail. The author`s reproduction of the specifics of the behavior of marginal heroes is traced: from mental suffering to suicide, with an emphasis on determining the triggers that provoked suicide. The analysis of Süskind’s works shows that the extreme forms of marginalization of literary characters caused the psychological trauma experienced by the characters. The writer is guided by deep knowledge of psychology, in particular, the theory of psychoanalysis, the phenomenon of procrastination, and suicidal behavior. The article decodes the socio-historical background, which is present as a dotted line in each of Patrick Süskind’s stories. They take place in Germany and France in the second half of the 20th century (in the novel “Perfume” – in the French city of the 18th century). Undoubtedly, the author, who is apolitical in the public sphere, consistently condemns the war, Nazism and its manifestations in all his texts. P. Süskind posed to the readers numerous questions relevant to German society: overcoming the legacy of Nazism, for instance, in music, the impact of the Holocaust on the psyche and fate of its victims, re-evaluation of the value system and the role of art in it. Such fictional techniques of postmodernism as the “multilayering” of the texts, their open ending, irony, parody, allusions, the reception of binary oppositions, the motif of energy vampirism, materialism, the blurring of genre boundaries, etc. made it possible to realize author’s ideas.
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Zauberman, Renée, i Philippe Robert. "Victims as Actors of Social Control: An Empirical Inquiry in France and Some Implications". International Review of Victimology 1, nr 2 (styczeń 1990): 133–51. http://dx.doi.org/10.1177/026975809000100202.
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This article presents some preliminary results of the first French national victimization survey. Investigations into victimization are mainly used in France to determine the social profile of victims, as well as their behaviour and attitudes. The survey was implemented in two phases: a screening question on a national sample of 11,000, followed in the second phase by 1,049 victims answering a detailed questionnaire on their attitudes and behaviour. Besides ordinary property and personal offences, family violence and offences related to consumption and business life were included. For each of those types of victimization, the authors detail the specific socio-demographic characteristics of victims in order to compare these profiles. Finally they present data on the consequences of victimization and on the different resources to which victims turn. These results are used to document a discussion on criminal policy issues; in particular, passivity of the police confronted with individual complaints against unidentified offenders; and the considerable transformations in the protection of private property, which blur the traditional borders between state and private sectors.
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Chaignon, Pierre, i Elen Vuidard. "L’analyse comportementale et l’enquêteur : un partenariat de confiance". Revue française de criminologie et de droit pénal N° 2, nr 1 (1.04.2014): 65–81. http://dx.doi.org/10.3917/rfcdp.002.0065.
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L’analyse comportementale est l’un des outils mis à la disposition de l’enquêteur dans le cadre de crimes particuliers. Elle consiste en une étude pluridisciplinaire d’un dossier criminel et confère une dimension psychologique à l’enquête judiciaire, en développant un axe de recherche basé sur le comportement criminel. Il s’agit d’une technique d’aide à l’enquête alliant les moyens traditionnels d’investigations, l’analyse de données objectives issues de la procédure et des connaissances approfondies en psycho-criminologie. Elle a pour but de faire ressortir des éléments permettant l’identification de l’auteur et d’orienter ainsi les investigations vers le suspect le plus probable. Cette analyse est pratiquée en France au sein d’une unité spéciale de la gendarmerie nationale dénommée « département des sciences du comportement ». Doté d’une organisation spécifique composée d’analystes et de référents de police judiciaire, ce département est compétent en matière de sérialité mais aussi de crime à épisode unique tels que les homicides, les viols ou les enlèvements de mineurs. Les missions qui sont confiées à ce service par les unités de terrain sont le profil psycho-criminologique d’un auteur inconnu, l’aide à l’audition d’un suspect ou l’analyse de phénomènes sériels sur la base d’analyses comparatives de faits.
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Barbeito, Mónica Zapico. "Investigating the Crimes of the Franco Regime: Legal Possibilities, Obligations of the Spanish State and Duties Towards the Victims". International Criminal Law Review 10, nr 2 (2010): 243–74. http://dx.doi.org/10.1163/157181210x492243.
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AbstractThe opening on 16th October 2008 by the Examining Judge of the High Court Baltasar Garzón of the first cause to investigate crimes committed during the Spanish Civil War and Franco's regime has initiated a vigorous debate about not only the convenience, but also the legal possibilities to carry out this research and can meet the demands of the families of the victims, who are dissatisfied with the Law of Historical Memory. This article attempts to analyze the main problems posed by the possibility that these crimes are investigated: the problem of non-retroactivity of criminal law and the classification of the facts committed as crimes against humanity; the question of the permanence of the crime of illegal detention and, in relation to this, the question of the statute of limitations; the existence of an amnesty law; the international obligations of the Spanish State and the duties towards the victims.
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V. V., Novitskyi. "Political and legal mechanisms for the protection of human rights through the lens of the European Union countries". Almanac of law: The role of legal doctrine in ensuring of human rights 11, nr 11 (sierpień 2020): 180–85. http://dx.doi.org/10.33663/2524-017x-2020-11-32.
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The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with public security and economic development. In fact, these questions, in varying percentages, are equally relevant to many countries in the world. In the outlined context, the case of the European Court of Human Rights “Gabriel Weber and Caesar Richard Saravia v. Germany” of 29.06.06 was analyzed. Actually, this case covers directly the issues of human rights and national security of Germany. Grounds for initiating this case have arisen in connection with the legislative provisions of the Law of Germany on the Restriction of the Secret of Correspondence, Mail and Telecommunications of 13.08.68., ("Law G-10"), taking into account changes made under the Anti-Crime Act of 28.10.94, which extend the powers of the Federal Intelligence Service, within the so-called strategic monitoring. It is about collecting information by listening to telephone conversations in order to identify and prevent serious threats to the Federal Republic of Germany, such as: armed attacks on its territory, international terrorist attacks, other serious crimes. According to the applicants who worked as journalists, strategic monitoring can be used against individuals to prevent effective journalistic investigations. In view of these suspicions, the applicants argued that they had violated the human rights guaranteed by the Convention, such as the right to privacy and correspondence, the violation of press freedom, and the right to an effective remedy. The ECHR Judges, having examined the circumstances of the case, concluded that there were no grounds to satisfy the complaints on the basis of the following arguments: 2) German legislation, as part of strategic monitoring, is endowed with adequate and effective safeguards against abuse by authorized entities. In addition, the article analyzes the multi-vector issue of banning citizens of some European Union countries from wearing hats that completely or partially hide their faces. The fact is that, under such restrictions, in particular, the traditional clothing of women adherents of Islam has fallen. It is a “burqa” and a “niqab”. The presented study is mainly based on the legislative practice of France, Belgium, which provides for administrative as well as criminal penalties for non-compliance with the stated prohibition. In such cases as S.А.С. France, Belkacemi and Oussar v. Belgium, Dakir v. Belgium, the applicants, alleged that they had violated the human rights guaranteed by the Convention, including: the right to respect for their private life; the right to freedom of expression of one's religion or belief; the right to freedom of expression; the right to freedom of association; humiliating treatment and discrimination against the enjoyment of the abovementioned human rights. According to most ECHR judges, who have dealt with the said cases, the disputed prohibition is not necessary in a "democratic society for public safety" but its main task is to preserve the conditions of "cohabitation" as an element of "protection of the rights and freedoms of others." In the context of this debate, attention was paid indirectly to such EU Member States as: Austria, Bulgaria, Croatia, Germany, Latvia, the Netherlands, Italy, Spain, Denmark, Switzerland. Keywords: human rights, legal guarantees, security, privacy.
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Manboah-Rockson, Joseph K., Frank K. Teng-Zeng i Robert Yakubu Adjuik. "Africa’s Rampant ‘Coup d’ tats’: “Power Grabs” or a Reversal of Constitutional Democracy?" International Journal of Conflict Management 5, nr 1 (18.04.2024): 53–67. http://dx.doi.org/10.47941/ijcm.1806.
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Purpose: Since the year 2021, sub-Saharan Africa has been revisiting a decade-old problem: a flare of military coup d’états in close proximity to each other. These occurrences are happening in parallel to four broad trends in the study of international relations: first, is the surge of foreign interest in Africa, dubbed the ‘New Scramble for Africa’ for mineral resources and influence; second, is the democratic ‘deficit’ in sub-Saharan Africa occasioned by weak democratic institutions and civil society; third, is the negative impacts of globalization on Africa; and fourth, is the ‘new and crocket ways’ of overturning or extending constitutionally-mandated presidential term limits. Is Africa witnessing the emergence of “Latter Days Saints” to save the masses? Or are these coups “power grabs” conducted by unscrupulous criminals disguised as soldiers?
Methodology: This research employs a qualitative approach involving the collecting and analysing of non-numerical data (e.g., text, video, or audio) to understand concepts, opinions, or experiences of military takeovers. The common approaches used include grounded theory – the collection of rich data on a topic of interest and to develop theories inductively; ethnography – researching into the military network to understand their cultures; action research - linking theory to practice to drive social change; phenomenological research – investigating a phenomenon or event by describing and interpreting participants’ lived experiences; and narrative research – examining how stories are told to understand how participants perceive and make sense of their experiences. Even though these approaches share some similarities, they emphasize different aims and perspectives.
Findings: The findings in this study are that the motivation for ‘old coups’ in Africa are present in national politics today. The assessment from the article details how foreign powers use ‘coup de ‘tats’ as new ways of illegally ‘grabbing’ Africa’s resources. China’s strategy in Africa is about its commercial interests rather than political interference in the domestic politics of African countries. But China is heavily involved in the new scramble for Africa because it seeks for reliable sources of oil supply because of its growing domestic consumption and not to politically malign anyone; manipulate local politicians or interrupt in the internal affairs of African countries. Indeed, the ‘real scramblers’ in Africa for mineral resources are France, Russia, Britain and the Unites States of America; whose energy resource-bases are depleting, but still make huge profits at the expense of developing countries, particularly in Africa.
Unique Contribution to Theory, Policy and Practice: This study offer qualitative insights of how the scramble for mineral resources in Africa will continue to disrupt democratic governance in Africa. Of particular importance, is the ‘new and crocket ways’ by politicians to loot national coffers of their countries by overturning or extending constitutionally-mandated presidential term limits, as well as the use of coup d’ tats by rogue military officers to overthrow constitutional elected governments in Africa.
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"Certain Criminal Proceedings in France; (Republic of the Congo v. France)". International Law Reports 191 (2021): 172–218. http://dx.doi.org/10.1017/ilr.2020.4.
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International Court of Justice — Provisional measures of protection — Criteria — Prima facie basis for jurisdiction — Forum prorogatum — State consent to jurisdiction of International Court of Justice — Rules of the Court, Article 38 — Risk of irreparable prejudice — Link between risk of prejudice and rights claimed in the Application — Relevance of full extent of possible harm — Relevance of wider political consequences — Urgency — Non-extension and non-aggravation of dispute — Whether provisional measures required to prevent aggravation or extension of dispute — Removal of case from List State immunity — Head of State — Senior officials — Sovereign equality of States — Whether judicial investigation of foreign State officials violating principle of sovereign equality — Whether risk of irreparable prejudice to immunities Diplomatic relations — Risk of irreparable prejudice to diplomatic relations — Whether judicial investigation of foreign State officials constituting risk of irreparable prejudice to diplomatic relations between States Relationship of international law and municipal law — Head of State immunity — Compatibility of domestic criminal powers with principle of head of State immunity — Sovereign equality — Compatibility of domestic criminal powers with the principle of sovereign equality
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Janjić, Miroslav. "Relationship Between the Police and the Prosecutor’s Office in Individual European Countries". Годишњак факултета правних наука - АПЕИРОН 11, nr 11 (21.09.2021). http://dx.doi.org/10.7251/gfp2111200m.
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One of the main characteristics of the investigation in Germany is that the public prosecutor is in charge of investigation and the role of the police mainly depends on whether and to what extent the public prosecutor will entrust them with undertaking investigative actions. France has retained the division into inquests and investigation, as well as a powerful investigative judge. When a formal investigation is optional (it is obligatory only in the event of crimes) and is not conducted, inquests are the only form of preliminary proceedings. Preliminary investigations (inquests) are conducted by the judicial police, at the request of a public prosecutor or ex officio. The Criminal Procedure Code of the Republic of Italy, which was adopted in 1988 and which came into force in 1989, with its subsequent amendments, is significant, among other things, for introducing the accusatory model of criminal procedure instead of the inquisitorial one included in the Criminal Procedure Code of 1930 that was revoked when the new Criminal Procedure Code came into force.
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Haborak, Oleksandr. "EXPERIMENTAL INVESTIGATION THROUGH THE PRISM OF FOREIGN EXPERIENCE". Young Scientist 10, nr 86 (październik 2020). http://dx.doi.org/10.32839/2304-5809/2020-10-86-15.
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The article analyzes the organizational features and legal regulation of the stage of pre-trial investigation in such countries as Germany, France, Sweden, Estonia, Kazakhstan, Moldova, Russia. The study of criminal procedure legislation of certain countries and its application in practice suggests that there is a tendency to optimize the pre-trial investigation. Most of the considered foreign countries in the construction of simplified procedures for the investigation of minor crimes along with objective factors (low degree of public danger of the act, the obviousness of the crime, the admission of suspects (accused) of their guilt) also proceed from such conditions as equality of arms, awareness and voluntariness of the decision of the suspect (accused) on simplification of criminal procedure, provision of a reasonable level of guarantees of the rights of participants of criminal proceedings, preservation of the general order. Analyzing the pre-trial investigation in different countries, it was concluded that in these countries there are attempts both to approve the common standards of criminal procedure and to preserve their national legal traditions. Ukraine is in the process of reforming its pre-trial investigation bodies. On July 1, 2020, Law № 2617-VIII "On Amendments to Certain Legislative Acts of Ukraine Concerning Simplification of Pre-trial Investigation of Certain Categories of Criminal Offenses" (as amended) entered into force, aimed at humanizing criminal proceedings in accordance with European legislation. Today, our state has already moved from the stage of adopting legislative initiatives to the consistent implementation of the provisions of this Law, which are enshrined, in particular, in the Criminal and Criminal Procedure Codes of Ukraine. In this regard, the positive experience of the studied foreign countries (especially such post-Soviet countries as Estonia and Kazakhstan, which have a common past with Ukraine and which have already made successful steps in this area) will be useful for domestic professionals to qualitatively and timely eliminate all conflicts and gaps that arise during the application of the Law № 2617-VIII "On Amendments to Certain Legislative Acts of Ukraine to Simplify the Pre-trial Investigation of Certain Categories of Criminal Offenses", make all necessary relevant decisions, and thus increase efficiency pre-trial investigation bodies.
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Хайдаров, Шухратжон, i Shuhratzhon Haydarov. "Comparative Legal Analysis of the Criminal Law Liability for Improper Performance of the Professional Duties". Journal of Foreign Legislation and Comparative Law, 14.04.2017, 91–96. http://dx.doi.org/10.12737/article_58ec9f586100f2.16139511.
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On the basis of the provisions of the criminal legislation of several foreign countries (Russia, Uzbekistan, Armenia, Azerbaijan, Belarus, Bulgaria, Venezuela, United Kingdom, Germany, Georgia, Kazakhstan, Kyrgyzstan, Moldova, United States, Tajikistan, Turkmenistan, Ukraine, France, Estonia, South Korea) the comparative-legal analysis of criminal liability for the improper performance of professional duties is given. The specific features of social relations – object of criminal law protection in the studied countries are determined. Public danger of these crimes is analyzed in the context of the constitutional right to life, health and integrity. The legal essence of concepts such as “failure to fulfill professional duties” and “improper performance of professional duties” is defined. The important constituent elements of criminal liability for the improper performance of professional duties in the studied countries are specified. The priority directions of improving norms of the criminal legislation are offered. The conclusion is made that the positive legislative experience of the countries under investigation can be applied in the criminal legislation of Uzbekistan.
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Vandzhurak, Maryna. "Features of legal regulation of the institute inquiry in the legislation of Ukraine and foreign countries". Law and innovative society, nr 1 (16) (5.07.2021). http://dx.doi.org/10.37772/2309-9275-2021-1(16)-17.
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Problem setting. This article examines the legal regulation of the institute of inquiry in Ukraine and abroad. It is concluded that the institution of inquiry in foreign countries is inherently different from the national form of pre-trial inquiry, but has some similarities. In particular, the differences are in the establishment of different terms of pre-trial investigation, the subjects of the criminal investigation procedure, the specifics of the use of additional evidence, the presence of a mandatory condition – a guilty plea to the suspect, the prosecutor’s participation in the proceedings. The author identifies common features and differences of the institute of inquiry in Ukraine and other countries, which in turn allows to identify ways to improve existing legislation. The purpose of the article is to compare the legal regulation of the institution of inquiry in the current criminal procedure legislation of Ukraine and similar pre-trial investigation procedures in France, Germany, Austria, the Czech Republic (here in after – the Czech Republic), the Republic of Poland (here in after – Poland), Great Britain, Belarus, Kazakhstan in order to identify positive features in order to improve it. Analysis of recent researches and publications. The scientific works of Ukrainian scientists: N. I. Brovka, S. I. Simakov, O. V. Kerevych, K. B. Kalinovsky, etc. are devoted to the study of various aspects of inquiry in foreign countries. However, due to the lack of thorough research on the comparative analysis of the legal regulation of the institution of inquiry, as a simplified form of pre-trial investigation, with other countries, there is a need for such an analysis and highlight the positive aspects. Articles main body. The institute of inquiry belongs to a simplified form of pre-trial investigation, which speeds up the trial in order to ensure greater efficiency of the criminal justice system and reduce costs. Thus, the investigated form of pre-trial investigation came into force on July 1, 2020 in criminal procedure legislation, in accordance with the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine to Simplify Pre-trial Investigation of Certain Categories of Criminal Offenses” № 2617-VIII of 22.11.2018. The need for inquiry as a simplified form of criminal proceedings is due, in particular, to the heavy workload of investigators (for example, the National Police) in cases of minor crimes, which are now called criminal offenses. Inquiry is conducted during the investigation of criminal offenses, special subject – the connoisseu of the subdivisions of the inquiry or the authorized persons of other subdivisions; inquiry is carried out in a short time – 72 hours in case of notification to the person on suspicion of commission of a criminal offense. Additional sources of evidence in criminal proceedings on criminal offenses, in addition to general sources of evidence, are also explanations of persons, results of medical examination, expert opinion, testimony of technical devices and technical means that have the functions of photography and filming, video or photo and filming, video recording. The procedure of simplified investigation of minor criminal offenses operates successfully in many foreign countries, in particular in the French Republic, the Kingdom of Spain, Kazakhstan, Germany, Austria, the Republic of Belarus, the Czech Republic, Poland. The simplified procedure in Poland does not apply to: – accused persons deprived of liberty, except in cases of prior arrest to the perpetrator of certain types of crimes; – minors; deaf, dumb or blind; – in the presence of reasonable doubts about the sanity of the suspect; – if the person does not speak Polish. The bodies investigating cases under the simplified procedure are the police, as well as other bodies authorized to conduct investigations (Article 471). The total term of the simplified investigation is 1 month. Regarding the legal regulation of the institute of inquiry in Austria, it should be noted that the preliminary investigation is carried out only in the form of inquiry. Immediate investigative actions related to the identification of the perpetrator, as well as other circumstances, are conducted by the police before the initiation of a criminal case and end with the transfer of all materials to the prosecutor. At the same time, the body of inquiry is authorized to carry out any investigative and operative-search actions (which is unique in comparison with Ukraine). It should be noted that a comparative analysis of the criminal procedure legislation of foreign countries allows to state the existence of a tendency to improve the pre-trial investigation towards its simplification. In international activities in the field of simplification of criminal procedure, there is a direction to adhere to such forms of justice that would optimally take into account the gravity of the crime, the consequences that may occur as a result. It is as a result of such simplification of criminal proceedings that it is possible to ensure procedural savings of forces, time and resources of participants in criminal proceedings. Conclusions and prospects for further research. As for the overall impact of criminal offenses on the criminal justice system, it should be agreed that it is mostly positive. The system itself has become more humane as the number of detentions has decreased and the number of precautionary measures applied during the investigation has been minimal. This is one of Ukraine’s important commitments to the Council of Europe. The average length of a pre-trial investigation has accelerated by about half. This article will be useful for scholars studying the features of forms of pre-trial investigation, as it contains a comparative study of the institute of foreign inquiry and national criminal procedure law. Attention is also focused on some problematic issues related to the simplified form of pre-trial investigation. It can serve as a springboard for scientists to further research the institute of inquiry.
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"Criminal Protection of Digital Applications in the UAE Legislation: A Comparative Study". Pakistan Journal of Criminology, 17.01.2024, 489–504. http://dx.doi.org/10.62271/pjc.16.1.489.504.
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The study explores the UAE's legal framework for the protection of digital applications, examining their compatibility with criminal policy, judicial assessment, and government role. The investigation intricately examines the multifaceted aspects of this protection, including its inherent connection with criminal policy, the scope of judicial discretion regarding electronic evidence, and the pivotal role played by the UAE government in upholding these protective measures. It delineates, assesses practical application, and identifies enforcement entities. The study compares legal systems in Anglo-Saxon countries such as the UK and the USA, as well as in Latin countries such as France and Egypt. This study aims to endeavor to unearth nuanced findings and insightful observations and to strengthen measures to protect digital applications by studying technical aspects, legal implications, and criminal policy implications, and contributing to ongoing discourse on the protection of digital applications. Furthermore, it extends its scope beyond the mere technicalities, suggesting significant recommendations at the end, for the protection of digital applications with the legal spectrum.
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Udalova, Larysa, i Oksana Khablo. "Ensuring state, public, and personal interests in criminal proceedings under martial law or a state of emergency". Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav 12, nr 4 (10.11.2022). http://dx.doi.org/10.56215/04221204.17.
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The full-scale invasion of the russian federation on the territory of Ukraine led to the need to change and amend the Criminal Procedural Code of Ukraine, specifically its Section IX-1. The purpose of this study was to analyse the development of criminal procedural legislation on the regulation of criminal proceedings under martial law through the lens of state, public, and personal interests of participants in criminal proceedings; analysis of legislative regulation of special procedures for apprehension and detention both in Ukrainian legislation and in the legislation of other countries. This study uses a set of special methods inherent in the study of the phenomena of legal science, namely historical legal, formal legal, comparative legal, and system-structural. It was found that both the title and the text of Section IX-1 of the Criminal Procedural Code of Ukraine have no indication of the specific features of criminal proceedings during other, except for military, special situations in the state that threaten its national security. It was substantiated that when regulating criminal proceedings under martial law, the emphasis on the priority of the interests of the participants in the criminal proceedings shifts towards the benefit of the interests of the state and society. Attention was drawn to the substantial expansion of the prosecutor's powers. The lack of a systematic approach to introducing changes and amendments to the criminal procedural legislation was proved. The procedural form of restriction of the right to freedom and personal inviolability during martial law has undergone substantial changes. An analysis of the criminal procedural legislation of Great Britain, Spain, France, and the United States suggests that these states respond to national security threats by introducing special procedures in the investigation of crimes that caused such threats. These special procedures relate to the period for detaining a person without notifying them of their charge, without bringing them to court. The conducted study allows forming a conceptual approach to the regulation of criminal proceedings, thereby ensuring a reasonable balance of state, public, and personal interests
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Ilchenko, Alexander, i Oleksiy Bezvin. "LEGAL ASPECTS REGARDING THE APPLICATION OF HOUSE ARREST IN CRIMINAL PROCEEDINGS". Young Scientist 11, nr 87 (2020). http://dx.doi.org/10.32839/2304-5809/2020-11-87-64.
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The article considers the legal aspects of the use of house arrest and its characteristics. The legislation regulating the use of house arrest has been analyzed. The expediency of using electronic means of control has been studied, which is a very important aspect of the use of house arrest. The purpose pursued by house arrest is formed. The positive aspects and conditions of the use of house arrest for the state, for the person to whom it applies, and members of his family are highlighted. An analysis of international experience in the use of house arrest in developed countries, namely the United States and France. At present, precautionary measures in Ukraine are an integral part of criminal proceedings, without which it is impossible to imagine a proper and holistic course of pre-trial investigation and court proceedings, protection of the individual, society and the state, and other tasks of criminal proceedings not only in Ukraine but also in Ukraine. developed countries. House arrest is one such precautionary measure. This is a fairly modern and advanced precautionary measure, which is essentially a set of restrictions and prohibitions imposed on the accused, suspect in connection with his full or partial isolation within the dwelling, in accordance with the decision of the investigating judge, the court. precautionary measures implemented and controlled by the authorized bodies. However, the mechanism of house arrest cannot be considered perfect, as evidenced by studies of this measure of restraint. The introduction of house arrest in the criminal procedure legislation of Ukraine indicates positive changes that allow to improve the situation of the suspect, accused. Unfortunately, many issues remain open, but the establishment of stricter rules and laws by the state does not always have to be seen as an effective punishment mechanism.