Hasil untuk "Criminal law and procedure"

Sebastian Kowalski

The study analyses the legislative changes made by the Act of 7 July 2023 amending the Act – the Code of Civil Procedure, the Act – the Law on the System of Common Courts, the Act – the Code of Criminal Procedure and some other acts, relating to the institution of subsidiary prosecution, concerning the discontinuation of criminal proceedings due to the lack of a complaint of an authorised accuser by a decision issued at a session or a main hearing. They were related to the introduction of the provisions of Article 339 § 3b and Article 368a to the Code of Criminal Procedure. The aim of the analysis undertaken was to assess the legitimacy of the changes made. The research carried out by the dogmatic-legal method led to the conclusion that the two new articles are inconsistent with each other, and that the changes introduced are unlikely to improve the quality of criminal proceedings conducted following the filing of a subsidiary indictment.

Sara Katsanis

Dra. Vera Regina Pereira de Andrade

Neste artigo desenvolvo uma reflexão sobre as relações entre Criminologia crítica e feminista no Brasil, apontando para as interações e acúmulos até aqui produzidos, vistos como necessários, mas insuficientes, assim como para as tensões e os separatismos que têm vertido a melhor Criminologia em pedaços. Desta forma, postulo um salto qualitativo nesse campo traduzido na construção de uma Criminologia para a brasilidade, alicerçada numa aliança que recolhendo o contributo daquele acúmulo, na forma de uma interação criativa, se edifique a partir das estruturas fundacionais da nossa sociedade, tendo como vértice a sua História. A História como Mãe terra dessa Criminologia.

A. Wolf, Maja Werner

Abstract Whether in Germany or abroad, victims of sexual violence typically played only a minor part in criminal proceedings, serving primarily as witnesses due to the widespread public and objective nature of the trial.1 This led to victim disempowerment and a paternalistic method of State protection of victims.2 During the last decades, this perception underwent major changes in European legal systems, owing to a rising awareness of victim’s needs, especially in cases of sexual violence.3 International and European conventions and treaties played a major role4 by establishing an international regulatory framework. To implement those international standards, domestic criminal laws have changed significantly on both substantive and procedural levels. Today, Germany’s criminal procedure law contains many mechanisms for protecting victims. Nevertheless, in cases of sexual violence, the implementation of these mechanisms in criminal proceedings leaves much to desire due to the affect of gender stereotypes and rape myths. This Article argues that in these cases the law in action ultimately fails to meet international requirements.

Sugeng Sutrisno

Law enforcement in the Military Court System in the settlement of criminal cases committed by TNI soldiers is seen as not yet fully guaranteeing legal protection for the rights of suspects, this is due to the absence of a control agency that oversees the actions of law enforcement officers in carrying out their duties and authorities as is the case in the system. General Court. This condition should not drag on indefinitely, because it will affect the law enforcement process and harm the suspect to fight for his rights to obtain justice which results in human rights violations (TNI soldiers). The purpose of the establishment of the Pretrial Institution is as stated in the Elucidation of Article 80 of the Criminal Procedure Code which states that this article intends to uphold law, justice, and truth through horizontal supervision. Settlement of criminal cases in Indonesia in addition to the Code of Criminal Procedure Code (KUHAP) which applies to civil society, we also recognize the existence of the Military Criminal Procedure Code which is regulated in Law Number 31 of 1997 concerning Military Courts, namely the law that regulates the procedure for resolving criminal cases. a criminal case committed by a TNI soldier. The Law on Military Courts includes the provisions of the litigation process (Military Criminal Procedure Law) starting from the investigation stage, submission of cases, the examination process at trial to the implementation of decisions. 31 of 1997 does not regulate pretrial. In several cases in the Military Court where a suspect was detained without a warrant for detention or was late in obtaining a warrant for detention, therefore such actions may conflict with the principles applicable in the provisions of criminal law so that they do not respect the position of the suspect as a creature created by God, even the act can lead to human rights violators. Therefore, in the military justice system in Indonesia, pretrial institutions are needed as a form of horizontal external supervision.

K. Hellwig

Technological achievements such as mobile phones, computers and the World Wide Web have become an integral part of our lives, and societies and are indispensable to many. These new technologies, and information derived from them, have a great potential to support the fact-finding process in the fields of international criminal law and human rights. Therefore, digital information such as satellite imagery, communication data, and user generated content, for example, videos and photography are becoming essential tools for international criminal investigation. This article examines the characteristics of digital and technology derived evidence and the implications these characteristics have on their use in international criminal procedure. It will illustrate the value and the challenges regarding the inclusion of digital evi dence in international criminal procedure.

Ray A. Wickenheiser

The value of an investigative lead corresponds directly to the increase of the speed at which that lead is provided. A cost-benefit model using sexual assault cases demonstrates the preventative savings of quicker forensic DNA analytical response times by calculating the cost of additional crime committed while cases sit awaiting analysis to commence. Calculations are provided per analyst day and with estimated U.S. nationwide impacts. With the elimination of the awaiting analysis backlog, crimes could be prevented, as well as justice better served to those wrongfully suspected. A case study demonstrates the value of timely forensic DNA analysis for sexual assault cases. A wrongfully accused individual identified by eyewitness testimony was eliminated by forensic analysis, while a very similar appearing recidivist perpetrator was included in a subsequent DNA comparison.

Hilde Dahl

Abstract: Homicides are rare in Norway; the country’s homicide rate is among the lowest in the world (UNODC, 2013). This might be why homicides always receive attention in the national news. The topic has also received attention on a governmental level. Reducing the number of homicides is an expressed goal in several official reports. However, preventive efforts require knowledge. While a handful of studies have been conducted using a variety of disciplinary approaches and methods, several recent reports point out that homicide is not a prioritized research field in Norway (NOU 2010:3; FHI rapport, 2012; JBD, 2018). This is the first article from the project »Homicides in Norway, 1955-1982, a historical-criminological study«. Studies using historical methods on homicide in the contemporary era have not previously been conducted in Norway. The projects aim is to provide historical insight into the rates and patterns of Norwegian homicide during the period 1955 to 1982, based on material originally collected by psychologist Ragnar Christensen (1922-2011) over the course of three decades.

Hossein Mohammad Kourehpaz, Abolghasem Khodadi, Ali Azizi

The present study has answered the this question: How and on what initiative do judges provide the context for the application of restorative programs in juvenile criminal courts? Restorative interpretations of legal provisions such as referral to mediation in all Ta'zirat offenses, weakening of the constituent elements of the crime, use of the legal capacity of a conditional or suspended pardon, and obtaining the plaintiff's consent after the announcement of the end of the proceedings and before the verdict; are Judicial initiatives. Also, the replacement of similar institutions with unimpeded legal establishments such as the establishment of the Peace Council and the social work unit, the referral of mediation to counter with closed- case policy _to believe the number of closed case as the criterion for the efficiency of judicial system instead of quality of decision making_ and the cooperation with the lawyers of the Association for the Protection of Children's Rights to solve the problems caused by the undesirable quality of defense lawyers are structural initiatives to avoid obstacles.

Bambang Slamet Riyadi, Usman Usman, Elly Sudarti

This study aims to analyze the causes of the disparity in the criminal prosecution against acid attack. It is suspected that there has been a conspiracy of abuse of power between investigators and prosecutors, which reflects injustice in the criminal procedure law. This research clarifies a case study of the disparity of prosecution through mutually acknowledged norms and values. Case studies also enable the researchers to study the real thing, and gain a better understanding of what disparities in criminal prosecution. The result of the research showed that it was suspected that there had been a conspiracy of abuse of power between the investigator and the prosecutor, so that there was no justice for the victim. The researchers suggest limiting the prosecutors 'discretion and the existence of an independent institution for prosecutors' supervisory functions.

D. Solodov, E. Zębek

Environmental criminal law provides for measures targeting the most serious environmental offences and improving the enforceability of environmental provisions. In the article, environmental criminal law provisions in Poland and Russia are analyzed and compared. The changes introduced by the Council Directive 2008/99/EC on the protection of the environment through criminal law have a significant impact on the Member States’ criminal law, promoting broader criminalization of environmentally harmful behavior and more severe sanctions. Although the Russian Federation is not an EU member and adopts its environmental legislation, it is still a party to several international treaties and therefore is obligated to provide an adequate level of environmental protection. There are several similarities between the criminal provisions in both countries concerning the classification of environmental crimes and the limbs of their legal definitions. Besides, both countries use a continental model of criminal procedure including their rules on evidence. It allowed us to compare national law enforcement practices. The authors analyze current law enforcement challenges and discuss possible solutions.

L. Voskobitova

The paper discusses individual advantages and benefits that the digitalization of criminal procedures can provide. The forms of positive use of digital technologies in practice and the possibility of expanding their use are shown. It is proposed to do this by experimental implementation: a) to introduce them in parallel, along with the traditional ones, or b) to use them completely for different stages of the procedure that are most suitable for formalization and programming. There are three groups of criteria that need to be taken into account: objective characteristics of the nature of criminal procedural relations; the possibility/impossibility of formalization of requirements and procedures; the ability to strengthen, rather than reduce the guarantees of human rights, the reliability of the results of knowledge and justice of law enforcement acts. For a systematic transition to these technologies, it is impossible not to take into account that «human abilities» in criminal procedure can not always be formalized to the extent of their replacement by digital technologies.

Jan William Johnsen, K. Franke

Underground forums serves as gathering place for like-minded cyber criminals and are an continued threat to law and order. Law enforcement agencies can use Open-Source Intelligence (OSINT) to gather valuable information to proactively counter existing and new threats. For example, by shifting criminal investigation’s focus onto certain cyber criminals with large impact in underground forums and related criminal business models. This paper presents our study on text preprocessing requirements and document construction for the topic model algorithm Latent Dirichlet Allocation (LDA). We identify a set of preprocessing requirements based on literature review and demonstrate them on a real-world forum, similar to those used by cyber criminals. Our result show that topic modelling processes needs to follow a very strict procedure to provide significant result that can be useful in OSINT. Additionally, more reliable results are produced by tuning the hyper-parameters and the number of topics for LDA. We demonstrate improved results by iterative preprocessing to continuously improve the model, which provide more coherent and focused topics.

Janne Flyghed

Bezanolo Telaumbanua, Fahmiron Fahmiron

These days, objection with band of praperadilan have old  tuff to Indonesia society. Along with existence of growth of is understanding of society will the truth of of law so that/ to be its rightss as free society and independence fufilled. If us pay attention that inseparable law of society, there is reason also to say that the source of law is society. Even if that way, still need furthermore clarification that such of society here is relation/link among/between individual in an coexistence.  Source of law in fact is awareness of society whereof which is felt fair in arranging peaceful and orderly social life. As for problems which is told in this thesis is first, what becoming the reason of application in raising objection to doing an injustice embezzlement of Iease ? Both/ second, how  onsideration of judge to application of  raperadilan raised by doing an injustice embezzlement of Iease at District Court of Klas I A Field.

Jessica Gabel Cino

Harmaji Riswinarno, Teguh Suratman

This research is about legal protection in the perspective of human rights rights of suspects and potential violations in criminal case investigations. The purpose is to protect the rights of suspects, ensure legal certainty and avoid ill-treatment, and know the obstacles. This research is an empirical legal research. Research location at Sidoarjo Regional Police Station. Data analysis using descriptive qualitative, using content analysis techniques. Legal protection of suspect rights in criminal case investigations can be realized properly if there is a commitment to enforce the law seriously, and the community also provides control to reduce potential human rights violations. In Law Number 8 of 1981 concerning the Criminal Procedure Code as a basis, the examination process at the Sidoarjo Regional Police, investigators in the case of investigations of suspects pay attention to their human rights, give freedom to use a Legal Advisor, give freedom when answering investigator questions, do not emphasize when conducting examinations, notify legal counsel or family if the suspect is ill in custody, treats well when investigating. How to cite item: Riswinarno, H., Suratman, T. (2018). Perlindungan Hukum terhadap Tersangka dalam Perspektif Hak Asasi Manusia. Jurnal Cakrawala Hukum, 9(1), 31-39. doi:https://doi.org/10.26905/idjch.v9i1.2203

محمود روح الامینی

The majorities of authors have been interested in the moral element of unintentional offenses and have not been sufficiently interested in the issue of the material element and the legal element of these offenses, so this has sparked an amalgam. These authors did not make any difference between formal offenses and result offenses that also amused an amalgam. The French legislature refers for the first time to the question of the moral element of unintentional offenses in the 1994 Penal Code. The Iranian Penal Code also refers in this regard to Article 125 of the new Penal Code. Nevertheless, these codes have disadvantages on this subject. First, we are interested in the issue of the difference between formal offenses and outcome offenses, and then we address the issue of the moral element of these offenses.First, we are interested in the issue of the difference between formal offenses and outcome offenses, and then we address the issue of the moral element of these offenses.

Eva Yampolsky

At the turn of the 19th century, with the birth of modern psychiatry and the penal transformations in France, medicine begins to address suicide and perversions in terms of pathology. According to my hypothesis, the theorization of these pathologies reposes on a conceptual ambiguity that plays a defining role in the psychiatric discourse, and which I would like to analyze here. Indeed, as many medical treatises reveal, this shift from a juridical or religious crime to the medical field depends on a certain confusion between morality [la morale], or social values, and le moral, or intellectual and psychological functions. I would thus like to show how morality as a group of social rules and values operates within medical theories on morals [le moral], or psychological functions. I will then show how this influence of morality on psychiatric theories allowed psychiatry to appropriate and redefine an entire spectrum of deviant behaviors, which had up until then remained outside of the parameters of pathology.

Lečić Boriša N.

The process of alignment of the Serbian legislation with the legal standards of the European Union has led to implementation of a number of legal institutes from the comparative law into the criminal procedure law of our country. One such institute is the agreement on consensual ways of terminating criminal proceedings. The agreements of the parties in the criminal procedure draw considerable attention and cause disputes among scientific and professional circles both in continental and Anglo-Saxon legal system, since the primary objective of law and justice should be unbiased and impartial determination of factual truth so that no innocent person would be convicted and the appropriate criminal sanctions would be imposed upon the perpetrator of a criminal offence. This paper analyses the agreements between a public prosecutor and a defendant, which emerged through the reform processes of the Serbian criminal proceedings. In this respect, the first part of this paper lays out the agreement on admission of committing a criminal act (formerly pleading guilty), the second presents the agreement on the testimony of the defendant, and the third - the agreement on the testimony of the convicted person. Although the agreements refer to the same subject, the distinction has to be made between the agreement on the admission of a criminal act, which includes the penal agreement and the indictment, and on the other hand the other two types of agreements on the testimony of the defendant and the convicted person. These are process institutes. In the case of agreement on the admission of a criminal offense, they speed up criminal proceedings and make them more efficient. In the case of agreement on testimony, they facilitate argumentation on the part of a public prosecutor for the most serious crimes that are by definition difficult to prove or their proving is associated with huge difficulties. The bargaining means used is improving the position of the defendant whose cooperation is rewarded with a more lenient criminal sanction.