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Magliveras, Konstantinos D. "Substituting International Criminal Justice for an African Criminal Justice?" International Organizations Law Review 14, n.º 2 (5 de dezembro de 2017): 291–320. http://dx.doi.org/10.1163/15723747-01402003.
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This article examines the reasons and the grounds behind the antiparathesis between the African Union and several of its Member States, on the one hand, and international criminal justice and the International Criminal Court (‘icc’), on the other hand. It also examines the consequences of and responses to this antiparathesis, including the creation of an International Criminal Law Section to the African Court of Justice and Human Rights and questions whether it offers any added value. The article concludes with suggesting the setting up of icc regional/circuit chambers, each dealing with a specific continent/region, as a means to restructure the icc, to make it more relevant to its users, namely the contracting parties to the Rome Statute, and to allay fears of politically motivated prosecutions.
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Braswell, Michael. "Special Section: Criminal Justice & Peacemaking". Journal of Crime and Justice 16, n.º 2 (janeiro de 1993): 1. http://dx.doi.org/10.1080/0735648x.1993.9721489.
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Steffen, Jason R. "Moral Cognition in Criminal Punishment". British Journal of American Legal Studies 9, n.º 1 (29 de maio de 2020): 143–79. http://dx.doi.org/10.2478/bjals-2020-0002.
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AbstractScholars often appeal to Kant in defending a retributivist view of criminal punishment. In this paper, I join other scholars in rejecting this interpretation as insufficiently attentive to Kant's wider theory of justice, particularly as found in the Rechtslehre, a section of the Metaphysics of Morals. I then turn to the Tugendlehre, where I examine analogies between Kant's treatments of morality and justice. In particular, I argue that Kant's own views about conscience and moral cognition should cause us to rethink the importance of lex talionis (an integral retributive principle) in the criminal justice system, and to adopt a more merciful attitude toward punishable criminals than we might otherwise be inclined to do. I end with a few policy proposals aimed at encouraging such moral cognition in contemporary Anglo-American criminal justice systems
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KLÁTIK, JAROSLAV, e LIBOR KLIMEK. "IMPLEMENTATION OF ELECTRONIC MONITORING OF SENTENCED PERSONS IN THE SLOVAK REPUBLIC". Sociopolitical sciences 10, n.º 5 (30 de outubro de 2020): 59–75. http://dx.doi.org/10.33693/2223-0092-2020-10-5-59-75.
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The work deals with implementation of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into eight sections. The first section introduces restorative justice as a prerequisite of electronic monitoring in criminal proceedings. While the second section points out at the absence of legal regulation of electronic monitoring of sentenced persons at European level, the third section points out at recommendations of the Council of Europe addressed to European States. The fourth section analyses relevant alternative punishments in Slovak criminal justice. The fifth section introduces early beginnings of implementation of concerned system - the pilot project “Electronic Personnel Monitoring System” of the Ministry of Justice of the Slovak Republic. While the sixth section is focused on Slovak national law regulating electronic monitoring of sentenced persons - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments, the seventh section is focused on further amendments of Slovak national law - namely the Act No. 321/2018 Coll. and the Act No. 214/2019 Coll. The last eight section introduces costs of system implementation and its operation.
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Shepitko, Mykhaylo. "Criminal Legislation Trends in Ukraine (Evidence From Crimes Against Justice)". Journal of the National Academy of Legal Sciences of Ukraine 27, n.º 2 (27 de junho de 2020): 131–41. http://dx.doi.org/10.37635/jnalsu.27(2).2020.131-141.
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The paper investigates the development of criminal legislation of Ukraine as exemplified in crimes against justice. To this end, the author approached the study of criminal law through the analysis of its development in the globalised world and in Ukraine. In this context, it is proposed to refer to criminal legislation as globalisational and to codification – as unified. This is caused by the rapprochement of countries in the world through the implementation of conventions and other international regulations and, consequently, the harmonisation of criminal legislation. In historical retrospect, the author constructed a historical map of crimes, misdemeanours, and offences against justice inherent in the criminal legislation of Ukraine in the 11th-20th centuries (based on the stage and initial possibility of their commission). It was determined that certain trends of establishing criminal liability for commission of criminal offences in justice will affect the development of crimes against justice: 1) implementation of international regulations; 2) ensuring the protection of the activities of international courts whose jurisdiction is recognised by Ukraine; 3) establishment of a system of criminal offences against justice through their division into groups in the structure of the corresponding section (division of the section into chapters). Such groups may be: 1) criminal offences in administration of justice; 2) criminal offences in enforcement of justice; 3) criminal offences in support of enforcement of justice. The use of these approaches allowed to develop the prospects of criminal legislation on crimes and misdemeanours against justice. Emphasis is placed on the fact that criminal offences (crimes) against justice are such acts that significantly differ in the severity of the offence, their social danger, and therefore the division of these criminal offences into crimes and misdemeanours should affect the procedural features of bringing the respective perpetrators to criminal responsibility
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Terblanche, Stephan. "The Child Justice Act: A Detailed Consideration of Section 68 as a Point of Departure with Respect to the Sentencing of Young Offenders". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, n.º 5 (1 de junho de 2017): 435. http://dx.doi.org/10.17159/1727-3781/2012/v15i5a2531.
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The Child Justice Act 75 of 2008 establishes a criminal justice system for child accused, separate from the criminal justice system which continues to apply for adult accused in South Africa. The Act aims to keep children out of detention and away from the formal criminal justice system, mainly through diversion. When these interventions would be inadequate or unsuccessful, the Act provides for child offenders to the tried and sentenced in child justice courts. Until now there has been little discussion of the details of the provisions dealing with sentencing. Sentencing in a child justice court is regulated by chapter 10 of the Act and section 68 is the first section in this chapter. This section effectively amounts to the “jurisdictional” provision of the new child sentencing system: it not only mandates child justice courts to impose their sentences in terms of the Act, but also provides the first set of boundaries (or the first part of the framework) within which sentencing should take place. Despite its brevity, section 68 is not without interpretative challenges. Of course, it has to be interpreted within the context of the entire Act. Explaining this context is the first function of this article. The various aspects of section 68 are further critically explored and discussed.
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Wetzell, Richard F. "Psychiatry and criminal justice in modern Germany, 1880—1933". Journal of European Studies 39, n.º 3 (setembro de 2009): 270–89. http://dx.doi.org/10.1177/0047244109106682.
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This article presents an overview and analysis of the relationship of psychiatry and criminal justice in three different areas: the role of medical expert testimony in criminal trials; the role of psychiatrists in criminological research; and the influence of psychiatry on the penal reform movement. The first section argues that the increased use of medical expert testimony in the criminal courts demonstrates the increasing social acceptance of the psychiatric claim that borderline mental abnormalities were widespread and frequently connected to criminal behaviour. The second section examines the reasons why psychiatrists became so interested in research into the causes of criminal behaviour, and relates this interest to psychiatrists’ efforts to expand their professional territory. The third section argues that psychiatry exerted an important influence on the penal reform agenda. Not only was psychiatry crucial to the treatment of mentally deficient offenders, but the penal reformers’ demand to make every offender’s punishment dependent on his ‘social prognosis’ promised to give psychiatric expertise a central role in criminal justice. The article’s conclusion examines to what extent it makes sense to speak of a medicalization of criminal justice in this period.
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Miers. "Victims, Criminal Justice and State Compensation". Societies 9, n.º 2 (24 de abril de 2019): 29. http://dx.doi.org/10.3390/soc9020029.
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This article examines one element of the state’s responses to crime: the provision of a taxpayer-funded compensation scheme for victims of personal and sexual violence. The Criminal Injuries Compensation Scheme 2012 sits within a political context that seeks to ensure that victims of crime are better served by the criminal justice system of England and Wales, the jurisdiction that is the focus of this article. The government’s fundamental policy is that this scheme exists to compensate only those victims who are ‘blameless’, either in terms of their character, criminal record, conduct at the time of the incident, or in their engagement with the criminal justice agencies. It is a policy that illuminates elements of two of the questions that the editors posed for this Special Issue of Societies. Reviewing the increased urgency in government policies concerning the treatment of victims of crime, the first section addresses the question of how, why and when victims came to shape political and criminal justice discourse and practice. The question of how, and to what end, cultural representations have shaped perceptions of victims is addressed in the second and third sections, which examine the notion of victim status and illustrate the ways in which eligible (‘ideal’) victims are perceived and their claims under this scheme are determined.
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Stickels, John W., Bradley Joseph Michelsen e Alex DelCarmen. "Elected Texas District and County Attorneys’ Perceptions of Crime Victim Involvement in Criminal Prosecutions". Texas Wesleyan Law Review 14, n.º 1 (outubro de 2007): 1–25. http://dx.doi.org/10.37419/twlr.v14.i1.1.
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This study tested the utility of the Victim Satisfaction Model of the criminal justice system by surveying elected District and County Attorneys' perceptions of victims' involvement in the charging and plea bargaining stages of the criminal justice process. This study used a cross-section research design. Every elected District and County Attorney in Texas received self-administered questionnaires. The results of this study support the utility of the Victim Satisfaction Model of the criminal justice system, further our understanding of prosecutorial decision-making, and have important implications for the American criminal justice system.
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van Doorn, Janne, Jelle Brands e Maarten Kunst. "De publieke waardering van het strafrechtsysteem : Een studie naar de rol van emotie- en oriëntatiedisposities". Mens en maatschappij 95, n.º 4 (1 de novembro de 2020): 357–82. http://dx.doi.org/10.5117/mem2020.4.004.vand.
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Abstract An evaluation of the criminal justice system: The role of emotion and orientation dispositionsThe current research aims to investigate the relation between different dispositions and the evaluation of the criminal justice system. Using a sample of 682 members of the LISS panel, consisting of a representative cross-section of the Dutch population, we looked at the role of the emotion dispositions empathy, anger and worry/anxiety, and the orientation dispositions retributive orientation, and the belief in a just world. The evaluation of the criminal justice system consisted of questions aimed at the criminal justice system in general, and punitiveness and victim compensation specifically. Especially the orientation dispositions played a role in the evaluation of the criminal justice system. The results are discussed in the context of the legitimacy of the criminal justice system.
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LURIGIO, ARTHUR J. "Drug Treatment Availability and Effectiveness". Criminal Justice and Behavior 27, n.º 4 (agosto de 2000): 495–528. http://dx.doi.org/10.1177/0093854800027004005.
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Rates of illicit drug use, especially heroin and cocaine, are many times greater among criminal justice populations than in the general population. Research demonstrates that among crimeprone persons, illegal drug use intensifies criminal activity. This article presents the abundant research evidence that supports drug treatment as an effective means to reduce illegal drug use, crime, and recidivism among offender populations. The article is divided into four sections. The first describes the findings of three large-scale investigations of drug treatment's effects. The second reviews the literature on drug treatment effectiveness and availability. The third discusses the benefits of coerced treatment for criminal justice clients. The final section enumerates the principles of effective drug treatment.
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Saqib, Kashif Mahmood, Hamid Mukhtar e Malik Zia-ud-Din. "Analytical Study of the Role of Justice of Peace in Registration of Fir in Pakistan". Global Regional Review VI, n.º III (30 de setembro de 2021): 78–83. http://dx.doi.org/10.31703/grr.2021(vi-iii).09.
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No legislation is beneficial unless it is helpful for the masses in general and downtrodden people in particular. Legislators usually focus on the deprived segments of society so that weaker ones may take advantage of the said legislation. Any legislation that does not benefit the weaker sections of society is meaningless. Registration of the First information report is the right of the citizen in case of cognizable nature of the offence. Lodgement of FIR is the responsibility of the police in such a scenario. Needless to mention that ours is not a utopian state, and because of dissatisfaction of people due to incompetence and high handedness of police officials in the lodgement of FIR, Section 22-A(6) was added in Criminal Procedure Code in 2002. Justices of Peace had performed their duties u/s 22-A(6) Cr.P.C.since then. . In a country like ours, the advent of the Justice of the Peace has changed the structure of our society. Common people of the state are quite satisfied with the emergence of Justices of Peace as voiceless and marginalized sections of society have been given an opportunity against the tyranny of powerful segments of society. This paper discusses powers of Justice of Peace to give directions to police for registration of FIR in the light of decisions of superior courts of Pakistan. The impact of the said power of Justice of Peace in our criminal justice system is also observed.
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Piasecki, Emma, e Michael Stockdale. "Section 121 Criminal Justice Act 2003 and Multiple Hearsay". Journal of Criminal Law 79, n.º 1 (fevereiro de 2015): 9–12. http://dx.doi.org/10.1177/0022018314563892a.
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Varshney, Gaurav, Modi Manankumar R, Rajesh Maheshwari, Tirth Chhabhaiya Chhabhaiya e Bikram Kumar. "Justice : A Predicting Criminal Acts According To IPC Section". International Journal of Scientific Research in Computer Science, Engineering and Information Technology 10, n.º 2 (12 de março de 2024): 129–39. http://dx.doi.org/10.32628/cseit2490215.
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The AI-driven IPC Section Prediction for Crime Classification project is a groundbreaking initiative with far- reaching implications for the legal and law enforcement sectors in India. Traditional crime classification and the assignment of the appropriate IPC section are often time-consuming and prone to human error. Our web application addresses these challenges by offering an efficient, accurate, and user-friendly solution. One of the key strengths of our application lies in its adaptability. It can process a wide range of crime descriptions, including those involving complex legal language or colloquial terms, ensuring its utility in diverse scenarios. Additionally, our system is designed to continuously learn and evolve. It adapts to changes in legal terminology, updates in the IPC, and emerging crime trends, thereby maintaining its relevance and precision over time. The social impact of this project cannot be overstated. By streamlining crime classification, it empowers law enforcement agencies to allocate resources more efficiently and prioritize cases based on severity and relevance. It also aids legal professionals by expediting case preparation and documentation. Moreover, it facilitates greater public engagement with the legal system, enabling citizens to better understand and navigate the complexities of the IPC. In conclusion, our AI-driven IPC Section Prediction web application is a pioneering tool that has the potential to revolutionize crime classification and legal processes. Its adaptability, continuous improvement, and positive societal impact make it an asset for law enforcement, legal practitioners, and the general public alike.
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Bamgbose, Oludayo John. "Access to Prison Law Libraries as a Precursor to Effective Administration of Justice in Nigeria: Lessons from the United States of America". International Journal of Legal Information 46, n.º 2 (julho de 2018): 110–19. http://dx.doi.org/10.1017/jli.2018.24.
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A decade after the inauguration of the national working group on the reform of criminal justice administration in Nigeria by the then Attorney General of the Federation, Chief Akin Olujinmi, SAN, Nigeria was presented with a newly signed law—Administration of Criminal Justice Act (ACJA), which was a direct response to the growing call for reforms that would address the plethora of problems confronting the administration of the criminal justice system in Nigeria. The 495-section law harmonized the existing two principal laws: the Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC), which hitherto governed the administration of criminal justice system across all Federal-owned Courts in Nigeria and the Courts within the Federal Capital Territory. Both CPA and CPC operated for many decades in Nigeria, but had many challenges, hence the urgency for the newcomer— ACJA.
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Billis, Emmanouil. "On the methodology of comparative criminal law research". Maastricht Journal of European and Comparative Law 24, n.º 6 (dezembro de 2017): 864–81. http://dx.doi.org/10.1177/1023263x17745795.
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Comparative legal research aims at identifying modern trends in, and searching for convergences and divergences between more than one legal system. Any meaningful implementation of elements of foreign legal systems at the national level and the smooth realization of the objectives of international and supranational justice presuppose a reciprocal understanding between legal orders that adhere to different traditions in terms of their normative foundations. This study focuses on the methodological questions of basic comparative research in the field of criminal justice. The article first briefly addresses the general problem of defining the aims and methods of a (comparative) research project (Section 1). Subsequently, the article explores the research method of functional comparison. The application of the functional method to the analysis of judgments rendered by supranational and international courts is also examined using the example of a recent case decided by the Court of Justice of the European Union on limitation periods (Section 2). The article concludes with an introduction to the construction and application of ideal types for the purposes of analysis and comparison, using the examples of criminal prosecution and procedure, with a special focus on modern evidentiary and plea-bargaining proceedings (Section 3).
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Corstens, Geert. "Criminal Justice in the Post-Lisbon Era". Cambridge Yearbook of European Legal Studies 13 (2011): 23–46. http://dx.doi.org/10.5235/152888712801752924.
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AbstractHaving briefly traced the history of EU criminal law, this chapter first examines the new rules governing the competency of the EU in criminal law matters deriving from the Lisbon Treaty. Europol and Eurojust, the EU institutions that have been created with a view to fighting trans-border crime are examined, and the pros and cons of a possible further institution, the European Public Prosecutor are discussed. A final section examines the impact of the EU Charter, and the need to establish in this area an order of precedence between the EU Charter and the European Convention on Human Rights.
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Corstens, Geert. "Criminal Justice in the Post-Lisbon Era". Cambridge Yearbook of European Legal Studies 13 (2011): 23–46. http://dx.doi.org/10.1017/s1528887000001956.
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Abstract Having briefly traced the history of EU criminal law, this chapter first examines the new rules governing the competency of the EU in criminal law matters deriving from the Lisbon Treaty. Europol and Eurojust, the EU institutions that have been created with a view to fighting trans-border crime are examined, and the pros and cons of a possible further institution, the European Public Prosecutor are discussed. A final section examines the impact of the EU Charter, and the need to establish in this area an order of precedence between the EU Charter and the European Convention on Human Rights.
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Hussain, Amjad, Saeed Akhtar e Muhammad Hassan. "Studying the Causes of Delay in Criminal Trials under the Criminal Justice System of Pakistan". Global Sociological Review VI, n.º II (30 de junho de 2021): 52–58. http://dx.doi.org/10.31703/gsr.2021(vi-ii).07.
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The present study aims to identify the causes of delay regarding the criminal trials under the criminal justice system of Pakistan. A society cannot survive where the justice system does not respond to wrongs in time. An inefficient justice system not only jiggles the confidence of people but also creates unrest among the people. On one hand, it loses its efficacy, and on the other, it promotes the culture of private vengeance. The Criminal Procedure Code1898 (CRPC) expressly states that when the cognizable offense is reported to the police for lodging First Information Report (FIR) under section 154 of CRPC. The police is legally bound to lodge FIR and initiate an investigation in terms of recording statements and collecting evidence to fix the responsibility within the stipulated time, if any. However, the study indicates that there are ample reasons for causing a delay in criminal justice for the administration of justice sternly.Further, Study also reveals that lack of provision of security to participants in the criminal justice system is also one of the reasons for causing the delay. Moreover, the researchers have adopted doctrinal research methods by using primary and secondary sources and suggested certain recommendations to remove the inappropriate delay in the criminal justice system of Pakistan.
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Giberson, Emma R., Brooke Tracy, Laura Kabbash, Scott T. Ronis, Mary Ann Campbell e Lena Gryshchuk. "Section 19 Conferencing in the Canadian Youth Criminal Justice System". Canadian Journal of Criminology and Criminal Justice 65, n.º 2 (1 de abril de 2023): 97–118. http://dx.doi.org/10.3138/cjccj.2022-0044.
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Under the authority of the Youth Criminal Justice Act (YCJA), Section 19 conferences aim to bring together relevant professionals to discuss diversionary and rehabilitation options for Canadian youth involved in the justice system. However, these options’ use and process has not been examined at the local level where practices may vary from the national vision. To offer insight into their use and processes, the current study used semi-structured qualitative interviews with 40 service providers engaged in Section 19 conferences in New Brunswick, Canada. Although there was perceived value in these conferences (i.e., youth involvement in the process, the sharing of expertise, and collaborative planning across systems), weaknesses in conference processes also were observed (i.e., systemic disorganization, inconsistency in communication and collaboration, concern about effectiveness, and limited resources and support for youth). These findings are discussed in terms of challenges that key stakeholders face in Section 19 conferences that may influence their impact, as well as considerations for areas of improvement in conferencing processes to enhance their value. Overall, Section 19 conferences should be utilized more often, which may be best achieved by clarifying the operational procedures and roles of participants, including elucidating how they can best leverage the roles of stakeholders to service the goals of effective diversion and rehabilitation.
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Michalakea, Taygeti. "Article 46C of the Malabo Protocol: A Contextually Tailored Approach to Corporate Criminal Liability and Its Contours". International Human Rights Law Review 7, n.º 2 (29 de novembro de 2018): 225–48. http://dx.doi.org/10.1163/22131035-00702003.
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This article examines the corporate criminal liability provision of the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (Malabo Protocol), which is the first to grant an international or regional criminal court jurisdiction over corporations. It analyses the provision in light of the wide substantial jurisdiction of the future criminal law section of the African Court of Justice and Human and Peoples’ Rights, the complementarity provision, the modes of responsibility and demonstrates its strengths and weaknesses. It argues that the corporate criminal liability provision will particularly contribute to a regional quest for justice and accountability against corporate impunity, as it is contextually tailored but also well equipped to address corporate wrongdoing.
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Saadat, Seyedeh Fatemeh Seyed, e Saeed Hakimiha. "Penal Mediation to Dissolve Discord among Peasants in Guilan (Iran)". Journal of Politics and Law 9, n.º 10 (30 de novembro de 2016): 187. http://dx.doi.org/10.5539/jpl.v9n10p187.
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Present research was accomplished to survey penal mediation role in dissolving discord among peasants in Guilan province of Iran. Restorative justice is to make all parties participate in discord dissolution process and to decriminalize it with tools like mediation. It is based on a principle in which no culprit is pursued and also it is planning to relief victim. The law of criminal procedure in Article 82, projects “mediation” subject in crime deterrent grades 6, 7, 8. These crimes usually are pardonable or at least private complainer pardon is effective in mitigation. This issue causes reduction of criminal files and also criminal costs. It facilitates the social revive of the criminal. Modern criminal justice believes that penal mediation as one of settlement methods should follow special regulations which guarantee criminal and victim rights. This research is presented in four sections. This research is practical and the method is descriptive - analytical. Statistical population is consisting of 160 persons from many different villages in Guilan province. In order to collect data, questionnaire was administered and data analysis was performed using SPSS software. In forth section of this research, considering related questions, we were after to prove hypotheses. Results showed that criminal mediation can be settled by meetings performed by elders of villages in Guilan province and it prevents fights and claim .As a new look of criminal justice, it can be used as an appropriate instrument for judiciary.
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Meijers, Tim, e Marlies Glasius. "Trials as Messages of Justice: What Should Be Expected of International Criminal Courts?" Ethics & International Affairs 30, n.º 4 (2016): 429–47. http://dx.doi.org/10.1017/s089267941600040x.
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This article addresses the question what—if anything—we can and should expect from the practice of international criminal justice. It argues that neither retributive nor purely consequentialist, deterrence-based justifications give sufficient guidance as to what international criminal courts should aim to achieve. Instead, the legal theory of expressivism provides a more viable (but not unproblematic) guide. Contrary to other expressivist views, this article argues for the importance of the trial, not just the punishment, as a form of expressivist messaging. Specifically, we emphasize the communicative aspect of the judicial process. The final section, acknowledging the limited success of international criminal justice so far in terms of fulfilling its expressivist potential, diagnoses the main obstacles to, and opportunities for, expressivist messaging in the contemporary practice of international criminal justice.
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Yesmen, Nelufer. "Nature of Crime Victims in Bangladesh". Asian Journal of Humanity, Art and Literature 6, n.º 2 (31 de dezembro de 2019): 147–52. http://dx.doi.org/10.18034/ajhal.v6i2.359.
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The study focused on realizing the condition of crime victim and it is a tearing problem in Bangladesh. Police are the principal delegates of the criminal justice system local jurisdictions across the country face significant challenges in criminal justice. The particular sorts of crime and criminal justice problems that local governments face change extensively the nation over. To observe the nature of crime victimization in Bangladesh and try to find out the factors and their legal appreciations is the objectives of this study. In addition, secondary method and data is used for fulfillment of the study. There are some factors increase the visibility of victims i.e. role of media, the higher public profile etc. The victim is weak in relation to the offender – the ‘ideal victim’ is likely to be a female, sick, very old or very young and victim is blameless for what happened. Victims suffer from trauma resulted from the crime. Legal appreciation of victims’ right is, the Code of Criminal Procedure 1898, Section 545 (1 & 2) and section 546 recognized the right of compensation, but the opportunity was hardly available.
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Pienaar, Letitia. "Deciphering the Composition of Section 79- Assessment Panels in the Criminal Procedure Amendment Act 4 of 2017". Potchefstroom Electronic Law Journal 20 (22 de janeiro de 2018): 1–25. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a3062.
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Section 79 of the Criminal Procedure Act 51 of 1977 provides for the appointment of mental health professionals to assess an accused’s fitness to stand trial and/or criminal capacity if the court orders such an enquiry in terms of sections 77 and 78 of the Criminal Procedure Act. In terms of section 79, one mental health professional must assess an accused charged with a non-violent offence, whereas a panel of such professionals must assess an accused charged with an offence involving serious violence.
The legislative provisions regarding the appointment of mental health professionals to a section 79-assessment panel are not without ambiguity. Section 79(1)(b) read with section 79(13) is problematic. Directives issued by the National Prosecuting Authority in terms of section 79(13) do not aid in clarifying the legal position either. The main point of contention is whether a section 79-assessment panel must consist of a minimum of two or three psychiatrists. This ambiguity creates challenges for presiding officers tasked with appointing section 79-assessment panels. When presiding officers appoint these panels incorrectly, it causes delays in the assessment process and the delivery of justice to the accused and the victim.
The court considered the interplay between section 79(1)(b) and section 79(13) in S v Pedro 2015 1 SACR 41 (WCC). The judgment highlights the need to clarify the position in the Criminal Procedure Act regarding the appointment of section 79-assessment panels. This case provided the impetus for the amendment of section 79 through the Criminal Procedure Amendment Act 4 of 2017.
This contribution explores the composition of section 79-assessment panels as provided for in the Criminal Procedure Act. Section 79(1)(b) and the seemingly contradictory provisions contained in section 79(13) are discussed. The S v Pedro judgment is discussed with a specific focus on the court’s interpretation of the interplay between these two provisions.
Following the S v Pedro judgment, the Criminal Procedure Amendment Act 4 of 2017 amended section 79. This contribution explores the clarifying provisions of the Amendment Act regarding the composition of assessment panels
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KYRIAKAKIS, JOANNA. "Corporations before International Criminal Courts: Implications for the International Criminal Justice Project". Leiden Journal of International Law 30, n.º 1 (13 de dezembro de 2016): 221–40. http://dx.doi.org/10.1017/s0922156516000650.
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AbstractThe debate over whether the International Criminal Court should have jurisdiction over corporations has persisted over the years, despite the failure of the legal persons proposals at Rome. For its part, the Special Tribunal for Lebanon determined that it has jurisdiction over corporations for the purpose of crimes against the administration of the Tribunal, albeit not for the substantive crimes over which it adjudicates. Most recently, the African Union has adopted a Protocol that, should it come into operation, would create a new international criminal law section of the African Court of Justice and Human and People's Rights with jurisdiction over corporations committing or complicit in serious crimes impacting Africa. In light of the enduring nature of the proposal that international criminal institutions should directly engage with the problem of commercial corporations implicated in atrocity, this article explores the possible implications for the international criminal justice project were its institutions empowered to address corporate defendants and prosecutors emboldened to pursue cases against them. Drawing on the expressive goals of international criminal justice and concepts of sociological legitimacy, as well as insights from Third World Approaches to International Law, the article suggests that corporate prosecutions, where appropriate, may have a redeeming effect upon the esteem in which some constituent audiences hold international criminal law, as a system of global justice. The article's thesis is then qualified by cautionary thoughts on the redemptive potential of corporate prosecutions.
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Evans, Karen. "The Alert Collector: Police Use of Force". Reference & User Services Quarterly 59, n.º 2 (4 de março de 2020): 103. http://dx.doi.org/10.5860/rusq.59.2.7274.
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High-profile news stories about excessive use of police force, often leading to a person’s death, have filled our news feeds and become a hot-button issue. Karen Evans’s column for this months’ Alert Collector highlights some of the major books on this topic that will flesh out your collection, whether you serve a criminal justice program, students needing the best sources for a pros and cons essay, or a clientele wanting the best resources to help them understand this complex issue. Evans is the librarian for the School of Criminology and Security Studies at Indiana State University. She holds a graduate degree in criminology and criminal justice, and serves as the editor for the criminal justice section of Resources for College Libraries.
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Worrall, John L. "Culpability Standards in Section 1983 Litigation Against Criminal Justice Officials: When and Why Mental State Matters". Crime & Delinquency 47, n.º 1 (janeiro de 2001): 28–59. http://dx.doi.org/10.1177/0011128701047001002.
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Title 42, Section 1983 of the U.S. Code provides a remedy in federal court for individuals who suffer constitutional rights violations at the hands of criminal justice officials. To succeed in a Section 1983 lawsuit, a plaintiff must demonstrate a constitutional violation by an official acting under color of state law. Recently, however, courts have begun to require that constitutional rights violations be committed with a certain level of culpability for a finding of liability, a development that has received little attention in the criminal justice literature. Accordingly, this article seeks to (1) sort out the important culpability issues associated with Section 1983 litigation, with particular reference to theories of liability, and (2) discuss the relevance of this inquiry for both academics and practitioners, calling attention to the problems the current multitude of culpability standards pose.
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GRANIK, MARIA. "Indirect Perpetration Theory: A Defence". Leiden Journal of International Law 28, n.º 4 (30 de outubro de 2015): 977–92. http://dx.doi.org/10.1017/s0922156515000540.
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AbstractThe aim of this article is to show that the concept of perpetration by means as it appears in Article 25 of the Rome Statute of the International Criminal Court (Rome Statute) accurately reflects liability for crimes committed by high-level perpetrators who exercise control over the actions of the lower-level (fully responsible) perpetrators. Finding the proper mode of liability in these cases is crucial to the International Criminal Court's (ICC) mission of ending impunity for serious international crimes. While international criminal law may be unlikely to deter criminals, especially heads of state and other powerful leaders, it can provide some sense of justice for the victims by convicting and punishing those responsible for their suffering. As such, the functions of international criminal law are to a large extent expressive and retributive. At the same time, it is important to keep the focus of international criminal law on individual responsibility of the perpetrators. It is, therefore, crucial to find proper labels that reflect culpability well. I hope to make a contribution to this search in what follows.This article is divided into five sections. First, I provide a background to the move, recently articulated by the ICC, from the concept of joint criminal enterprise (JCE) to that of indirect perpetration (and indirect co-perpetration) (section 2). Second, I analyse the original presentation of this idea by the German jurist Claus Roxin (section 3). Third, I examine the application of this concept by the German courts, particularly in the 1994 trial of three high level GDR officials held liable as indirect perpetrators for the killings (carried out by the border guards) of refugees at the East/West German border (section 4). Then I present a recent (Winter 2011) proposal by Jens Ohlin to abandon both JCE and indirect perpetration in favour of another mode of collective liability based on joint intentions (section 5). Finally, I defend the concept of indirect perpetration against Ohlin's criticisms, arguing that it offers a more accurate way to label the conduct of high-level perpetrators who carry out crimes by means of direct perpetrators who are themselves liable (section 6).
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Rashida Zahoor, Muhammad Fahad Anwar, Muhammad Asif Safdar e Jibran Jamshed. "A Comparative Study of Perjury in Legal System of Pakistan and Islamic Law". Journal of Business and Social Review in Emerging Economies 6, n.º 4 (31 de dezembro de 2020): 1571–79. http://dx.doi.org/10.26710/jbsee.v6i4.1508.
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Perjury is one of the crimes that harm criminal justice; Action against criminal justice means behavior that affects people's right to access the justice system or society's right to prosecute and punish criminals. The witness is considered a reason to prove disputes in both legal and criminal complaints, and due to the importance and value of the evidence, perjury has its specific implications. In our criminal justice system, testimony is a way of legal knowledge and reasoning to diagnose crimes committed by the accused. The testimony is not used in criminal matters, and ignoring his way is not against the accused. Consequently, truth is essential, and testimony cannot be used if it is not true. This paper expresses various forms and numerous aspects of perjury along with its definition, discusses perjury as part of the behavioral and psychological approach of sociology, and finally analyzes the laws of Perjury in Pakistan along with the relevant sections of the Pakistan Penal Code, 1860 (PPC), Qanoon and Shahadat Ordinance, 1984 (QSO) and The Oaths Act, 1873 and other Islamic provisions of laws relating to perjury.
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Abdulkareem, Fahil Abdulbasit A. "Development of legal-tech prospects in the Federal Republic of Iraq: The predictive justice in Anglo-Saxon and Latin perspectives". Vestnik of Saint Petersburg University. Law 14, n.º 4 (2023): 1045–61. http://dx.doi.org/10.21638/spbu14.2023.413.
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The research presents an academic study which examines according to a deep critico-analytical approach, one of the most controversial modernist issues in Western jurisprudence circles, specifically French, and by which we mean the reality of judicial justice in the digital age according to the concept “Predictive Justice”, and the consequent effect of this justice on judicial justice within the legal justice system in legislation. The French system, with the highlighting the Anglo-Saxon experiences, this is according to a research scheme that presents in its first section the opportunities which offering by this concept to the judicial justice system as a whole, especially in light of strengthening the principle of Democracy of Justice; and in its second section, the challenges which this concept poses to this traditional justice system and the fear that it could remould the judicial justice system digitally and regionally, concluding research with a set of results and recommendations, which stimulates the Iraqi criminal legislator with a scientific mechanism to introduce the Predictive Justice to the Iraqi criminal doctrine. The research shows the state of anxiety and anticipation that prevails in this new justice concept in the French legal environment, explains the concept of Glass Justice, Digital Computational Justice, and Capitalist Justice, as well as the fear of stereotyping judicial work with a duplicate digital template, and modelling justice with the Anglo-Saxon’s justice features(source and identity).
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Cheriyan, Ron. "The Section 2 Notice Comply or Die?" Business Law Review 32, Issue 7 (1 de julho de 2011): 177–78. http://dx.doi.org/10.54648/bula2011045.
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The SFO conducts searches using its statutory powers under the Criminal Justice Act 1987, s. 2. This provision gives it significant powers requiring a party potentially facing allegations of fraud to produce documents within its control. This article examines what are the legal obligations of an organisation under investigation to data subjects before responding to a Section 2 Notice.
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Azarov, Vladimir A. "Justice as the primary basis of equality of all before the law and court in the criminal procedure of Russia". Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, n.º 43 (2022): 5–20. http://dx.doi.org/10.17223/22253513/43/1.
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The article presents the results of the historiographic studies of the principle of equality of all before the law and court in the criminal procedural legislation of Russia. Considering the importance of the above principle for the formation of the authority of the judiciary, the author substantiates its fundamental role in the assessment by the population of the country of the presence and reflection in the law of justice as the core category of the genotype of the Russian nation. The positions of opponents of the legislative decision about the reflection of the category of «objective truth» in the text of the Criminal Procedure Code of the Russian Federation are analyzed, the inconsistency and even the perniciousness of introducing the artificial concept of «legal justice» into the theory and practice are shown. The comparative characteristics of the textual expression of the principle of equality of all before the law and court in various legislative acts of the Russian Federation are given. On this basis, the preferred wording of this principle in the Criminal Procedure Code has been formulated. The segments of the content of the concept of justice in criminal proceedings are interpreted. From the standpoint of social justice, the redundancy of the presence in Chapter 52 of the Criminal Procedure Code of the Russian Federation of a large detachment of representatives of all branches of state power of Russia, endowed with additional privileges in criminal proceedings, is shown and commented on. The directions of changing the procedure for criminal proceedings against state and municipal employees, as well as the limits of their inviolability in the sphere of activity of criminal justice bodies, have been identified and substantiated. The evidence for the expediency of the direct participation of federal judges of courts of general jurisdiction in resolving the issues of restriction, suspension and deprivation of immunity of state and municipal employees for their criminal prosecution is given. The history and causes are studied, the initiators and conditions for the creation of the above section of the Criminal Procedure Code of the Russian Federation are revealed, an assessment of its compliance with the typology and traditional ideology of the national criminal procedure is given. The most suitable options for legislative solutions that allow minimizing reputational losses for all branches of state power in cases of bringing their representatives to criminal liability are discussed and selected. A scheme of legislative work to optimize the content of the above section of the Criminal Procedure Code and to strengthen the principle of equality of all before the law and court and justice in the sphere of activity of criminal justice bodies is proposed and substantiated.
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Spencer, J. R. "THE DRAFTING OF CRIMINAL LEGISLATION: NEED IT BE SO IMPENETRABLE?" Cambridge Law Journal 67, n.º 3 (novembro de 2008): 585–605. http://dx.doi.org/10.1017/s0008197308000688.
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Johnson, Brian R. "Academy of Criminal Justice Sciences—Security and Crime Prevention Section News". Journal of Applied Security Research 5, n.º 4 (22 de setembro de 2010): 437. http://dx.doi.org/10.1080/19361610.2010.507571.
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Johnson, Brian R. "Academy of Criminal Justice Sciences Security and Crime Prevention Section News". Journal of Applied Security Research 4, n.º 1-2 (23 de dezembro de 2008): 5–6. http://dx.doi.org/10.1080/19361610802209832.
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Johnson, Brian R. "Academy of Criminal Justice Sciences Security and Crime Prevention Section News". Journal of Applied Security Research 4, n.º 3 (17 de julho de 2009): 222–23. http://dx.doi.org/10.1080/19361610902962454.
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Johnson, Brian R. "Academy of Criminal Justice Sciences Security and Crime Prevention Section News". Journal of Applied Security Research 4, n.º 4 (6 de outubro de 2009): 443–44. http://dx.doi.org/10.1080/19361610903180064.
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Johnson, Brian R. "Academy of Criminal Justice Sciences Security and Crime Prevention Section News". Journal of Applied Security Research 5, n.º 1 (janeiro de 2010): 1–2. http://dx.doi.org/10.1080/19361610903407954.
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Johnson, Brian R. "Academy of Criminal Justice Sciences Security and Crime Prevention Section News". Journal of Applied Security Research 5, n.º 2 (31 de março de 2010): 157–58. http://dx.doi.org/10.1080/19361611003601025.
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Çukaj Papa, Lirime, Blerina Reci Xhakolli e Iris Pekmezi. "Penal Order: A New Procedural Instrument in Criminal Justice in Albania". Journal of Educational and Social Research 14, n.º 4 (5 de julho de 2024): 317. http://dx.doi.org/10.36941/jesr-2024-0105.
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The judicial practice surrounding the application of criminal orders in Albania remains unconsolidated due to the relatively recent introduction of this trial type within the special trials section of the Code of Criminal Procedure. The 2017 amendments to criminal procedural legislation, now being implemented in judicial practice, have highlighted several challenges that require further examination. This article aims to analyze the criminal order as a new procedural institution in our criminal justice system. The discussion will cover the necessity for amendments in the Code of Criminal Procedure and the inclusion of special trials. It will also examine various aspects such as the prosecutor and court's review of criminal orders, the convicted person's right to object to the approval of these orders, the potential for other special judgments following the rejection of a criminal order request, and practical issues in the implementation of such judgments. The paper concludes with a summary of findings and recommendations pertinent to the topic. Received: 20 February 2024 / Accepted: 29 June 2024 / Published: 5 July 2024
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Iliadis, Mary. "Victim representation for sexual history evidence in Ireland: A step towards or away from meeting victims’ procedural justice needs?" Criminology & Criminal Justice 20, n.º 4 (20 de maio de 2019): 416–32. http://dx.doi.org/10.1177/1748895819851848.
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Sexual assault cases have historically resulted in persistent victim dissatisfaction with, and alienation from, the prosecution process. As a result, some adversarial jurisdictions have moved contentiously towards integrating victim participation rights within the legal process to address sexual assault victims’ procedural and substantive justice concerns. The introduction of section 34 of the Sex Offenders Act 2001 (IRE), which allows a victim to access state-funded legal representation to oppose a defendant’s application for the introduction of the victim’s sexual history evidence in court, is one such example. Drawing from five interviews conducted with high-level criminal justice professionals, legal stakeholders and victim support workers, and an analysis of primary source documents, including legislation and reports, this article argues that, although section 34 represents a unique response to the problems raised by the use of a victim’s sexual history evidence in criminal trials, its shortcomings may hinder its capacity to improve sexual assault victims’ procedural justice experiences in ways unanticipated from its introduction.
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Ssenyonjo, Manisuli, e Saidat Nakitto. "The African Court of Justice and Human and Peoples’ Rights ‘International Criminal Law Section’: Promoting Impunity for African Union Heads of State and Senior State Officials?" International Criminal Law Review 16, n.º 1 (5 de fevereiro de 2016): 71–102. http://dx.doi.org/10.1163/15718123-01601003.
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On 27 June 2014 the African Union (au) Assembly adopted a protocol entitled ‘Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights’. This Protocol contains an annex entitled ‘Statute of the African Court of Justice and Human and Peoples’ Rights’. The Protocol and the Statute annexed to it provide for the establishment of a regional court in Africa to be known as the ‘African Court of Justice and Human and Peoples’ Rights’ (African Court). This Court will, among others, exercise criminal jurisdiction over a wide range of international crimes involving individual criminal responsibility and corporate criminal liability over legal persons (with the exception of States), which goes beyond any other international court or hybrid tribunal. This article considers reasons for establishing a regional court in Africa with criminal jurisdiction and examines the likely effectiveness of the African Court focussing on the wide jurisdiction conferred on the Court; the impact of immunity from criminal prosecution granted to serving au heads of State and other undefined ‘senior State officials’; and the need to strengthen national criminal jurisdictions to enable them to prosecute international crimes in Africa.
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O’Brien, Aileen, Faisil Sethi, Mark Smith e Annie Bartlett. "Public mental health crisis management and Section 136 of the Mental Health Act". Journal of Medical Ethics 44, n.º 5 (23 de outubro de 2017): 349–53. http://dx.doi.org/10.1136/medethics-2016-103994.
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The interface between mental health services and the criminal justice system presents challenges both for professionals and patients. Both systems are stressed and inherently complex. Section 136 of the Mental Health Act is unusual being both an aspect of the Mental Health Act and a power of arrest. It has a long and controversial history related to concerns about who has been detained and how the section was applied. More recently, Section 136 has had a public profile stemming from the use of police cells as places of safety for young, mentally disturbed individuals. This paper explores the current state of health of this piece of legislation. Specifically, we consider whether alternative approaches are more suitable for those individuals in crisis and/or distress who come into contact with the police. This requires careful thought as to the proper role of both health and criminal justice professionals who are daily grappling with an ethically contentious domain of multiagency work.
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Perez-Leon-Acevedo, Juan-Pablo. "Victims and Reparations in International Criminal Justice: African Initiatives". Nordic Journal of International Law 88, n.º 4 (11 de novembro de 2019): 525–57. http://dx.doi.org/10.1163/15718107-08804004.
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Two important African criminal justice initiatives, namely, the Extraordinary African Chambers (eac) and the International Criminal Law Section of the African Court of Justice and Human and Peoples’ Rights (acjhr-icls), illustrate the trend whereby victims can claim and receive reparations at international/hybrid criminal tribunals (icts). The International Criminal Court (icc) started this trend. This article will examine whether the eac and acjhr-icls can contribute to victims’ status as reparations claimants on substantive, procedural and institutional levels. The eac-Statute as applied in Habré and the acjhr-Statute constitute the primary sources of analysis as complemented by inter alia the law and/or practice of the icc, Extraordinary Chambers in the Courts of Cambodia (eccc) and the African Court on Human and Peoples’ Rights (ACtHPR). This article generally finds that the realisation of victims’ right to reparations at the eac and acjhr-icls depends on how normative and implementation deficits and challenges are handled.
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Khan, Muhammad Sajid, e Shaukat Hussain Bhatti. "Digital Evidence and Pakistani Criminal Justice System: A Review Article". Winter 2023 3, n.º 1 (31 de março de 2023): 489–98. http://dx.doi.org/10.54183/jssr.v3i1.198.
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The value of digital evidence has expanded quickly in recent years due to increases in its dependability and complexity. Evident from national and international regulations. There is a presumption in the law that digital evidence is admissible, and authorities have been directed not to rule it out of court because it is not presented in a substantive and perceptible form. Domestic and international laws have educated domestic law, and today everyone agrees. This section examines the background of the issue, the laws at play, and how it presented the matter to the Supreme Court nationwide. The technique adopted in this review study is a literature search. "Digital evidence" refers to any evidence made, kept, or transferred via digital means. It is impossible to overstate the role that digital evidence plays in the administration of criminal justice. In Pakistan, there were no laws surrounding the acceptance of digital evidence in court until 2002. We review roughly twenty evaluations given by different scholars in their articles. Part one of this review article's subsections is split in two. These abstracts expand upon the newest parts of the supplied legislation. The last section often supplies a quick summary of the important points and supporting evidence presented throughout the essay.
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Dr. Janardan Kumar Tiwari. "Victim Compensation– Judicial Response with Special Reference to Gwalior District". Legal Research Development an International Refereed e-Journal 6, n.º II (30 de dezembro de 2021): 21–28. http://dx.doi.org/10.53724/lrd/v6n2.05.
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Every crime has at least three components that are Criminal or Offender, Crime, and Victim of Crime. Our criminal justice system is primarily focused on the offender as compared to the victim. The criminal proceedings are entirely at the initiation of the state. They do not depend upon the sweet will of the victim. Attention should be given to their sufferings and needs to enable them to live in a society with honor, dignity, and respect. It is the responsibility of the state to prosecute offenders and provide retribution for offenses to the victims of crime. The study attempts to examine the trend of compensation to victims that are being awarded to victims of a crime under Section 357 and Section 357-A of the Code of Criminal Procedure 1973.
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Iashchenko, A. "MEASURES OF CRIMINAL JUSTICE RESPONSE TO PROHIBITIONS IN THE FIELD OF TRAFFIC SAFETY AND VEHICLE OPERATION: SOME ASPECTS OF REGULATORY CERTAINTY AND PRACTICE OF USE". Archives of Criminology and Forensic Sciences 2 (1 de setembro de 2020): 59–68. http://dx.doi.org/10.32353/acfs.2.2020.05.
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The article is devoted to the research of measures of criminal justice response to prohibitions in the field of traffic safety and vehicle operation. It is noted that the primary role in state response to violation of criminal justice prohibitions in the field of traffic safety and vehicle operation is given to punishment, but no less important role is paid to other alternative to prohibition measures of criminal justice nature based on the concussion (special confiscation) or the encouragement (exemption from criminal responsibility or serving a sentence). It is concluded that the normative regulations of threats of application of certain punitive measures of criminal justice nature in sanctions of the articles of this section of the Special part in which the legislator defines the threat of application of various types of punishment for committing the crimes stipulated in crimes’ dispositions, needs specification from the point of view of the system interconnection, along with the provisions of the General Part of the Criminal Code of Ukraine, whereas the practice of application of special confiscation its further distribution and development, considering the proposed recommendations of its delimitation with the so called criminal procedural confiscation as means of criminal procedural concussion. In particular, it is noted that such clarification may be implemented either by enforcing additional penalties specified in the sanctions of Part 1, 2, 3 of Article 286, part 1 of Article 287 of the Criminal Code of Ukraine, to the common list of types of punishments, with their separate meaningful definition in the corresponding articles of the section X of the General part of the Criminal Code of Ukraine, or by covering normative definition in sanctions of the specified articles of section XI of the Special part of threats of application of such additional types of punishments according to the existing parts of the Criminal Code of Ukraine. In this regard the sanctions of Article 286 and 287 of the Criminal Code of Ukraine propose to make appropriate changes. As for the practice of applying special confiscation for committing crimes in the field of traffic safety and vehicle operation, it is recommended that the question of its implementation should be based on the fact that the subject of special confiscation may be defined in paragraph 1 of Part 1 of Art. 96-2 of the Criminal Code - items 6, 6-1 part 9 of Art. 100 of the Criminal Procedure Code, paragraph 2, part 1 of Art. 96-2 of the Criminal Code - item 2 part 9 of Art. 100 of the CPC, paragraph 3, part 1 of Art. 96-2 of the Criminal Code - item 5 part 9 of Art. 100 of the CPC, paragraph 4, part 1 of Art. 96-2 of the Criminal Code - item 1 part 9 of Art. 100 of the CPC items of the material world that possess a certain property value, and are usually considered as physical evidence in criminal proceedings initiated on the fact of committing certain crimes in the field of traffic safety and vehicle operation.
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Banach-Gutierrez, Joanna Beata. "The surrender of prosecuted persons under the EAW procedure: Issues of transposition of EU criminal policy to the national level". New Journal of European Criminal Law 11, n.º 1 (26 de janeiro de 2020): 54–68. http://dx.doi.org/10.1177/2032284420901591.
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This article deals with the transposition of European Union (EU) criminal policy to national justice systems, taking, as an example, the surrender of prosecuted persons under the European Arrest Warrant (EAW) procedure. In particular, attention is focused on the question about the limits of the application of mutual recognition in the event of executing the EAW that is also linked to the increasing role of punishment, as a measure for rehabilitation and reintegration of the offender into society. The author argues that national citizenship should be treated very carefully by judicial authorities in the EU Member States which are deciding on the surrender of the prosecuted person under the EAW procedure. This care should apply whether surrender is for the purposes of criminal prosecution, the execution of custodial sentences or in the case of the transfer of sentenced persons to their State of nationality under Council Framework Decision 2008/909/JHA. With this aim, the first section explains the possible functions of punishment in contemporary penology; the second section is devoted to the Court of Justice of the EU rulings which are crucial for the further developments of EU criminal policy; and the third section refers to the Polish experience in surrendering own nationals for the purposes of prosecution in the EAW issuing Member State.
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Borodinova, Tatyana G., e Laura G. Kolesnikova. "Acquittal as a Consequence of the Establishment of Rehabilitating Grounds". Теория и практика общественного развития, n.º 8 (30 de agosto de 2023): 182–87. http://dx.doi.org/10.24158/tipor.2023.8.22.
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The procedural model of fair justice is based on a dualistic basis, which includes not only the possibility of find-ing a person guilty of committing a crime, but also the possibility of his acquittal. In this regard, in parallel with the procedural tools of prosecution, criminal proceedings contain a system of special means of restoring the rights of persons who have been violated as a result of unjustified and unlawful criminal prosecution. And the key moment of the triumph of justice in cases of criminal prosecution of an innocent person becomes an ac-quittal, entailing the right to rehabilitation. As is known in judicial practice, an acquittal is a relatively rare phe-nomenon, but nevertheless, the question of such a section of criminal procedural activity as the establishment of grounds entailing rehabilitation during the trial always remains relevant. The success of achieving the ap-pointment of criminal proceedings, and from the point of view of public perception – the fairness of justice de-pends on how the institution of rehabilitating grounds will be implemented in a timely and effective manner in cases stipulated by law.