Kholboy Ibraimov, Nasibakhon Аbdullayeva , Fiyuza Mukhitdinova
et al.
This study explores the way student volunteerism can be triggered on digital platforms to facilitate inclusive education through three pillars: legal compliance, economic sustainability, and social inclusion. Design: Our design was a two-stage, mixed-methods one. Stage I developed better platform capabilities and governance. Stage II tested effectiveness using 1 group pretest posttest involving volunteers of university. The sources of data were semi-structured interviews, longitudinal case data, platform analytics, and surveys. A total of one hundred and fourteen students participated in the weekly reflection seminars; forty-five reflective papers were discussed. Another group of eighty students tested a pandemic-based deployment. Thematic coding was used to analyze the qualitative data; quantitative measures included engagement, legal-literacy and access. Findings: Platforms enhanced equivalent effectiveness and retention, as tools responded to instant academic and neighborhood requirements of students. Legal-literacy scores and policy congruency increased, and more explicit-duty-of-care and data-protection and role-definition policies were implemented by the participating institutions. Diversified sources of funds such as micro-grants, civic partners and in-kind support were emphasized in cost benefit appraisals as the strongest model of fund continuity. The respondents stated a stronger social capital (belonging, networks, civic efficacy) and access among the learners with disabilities. Nevertheless, issues that did not receive a solution were the integration of livestream, interoperability of national databases, quick onboarding, and increased privacy. Conclusion: Student volunteerism can be reliably scaled on digital platforms as a means to include students in education when there are legal protections in governance, funding is not tied to volunteer work, and the effects on the social impact are continually evaluated. We suggest a three-pronged approach of Compliance-Finance-Inclusion (CFI) to inform platform policy, design, and evaluation. Put to work jointly, CFI brings about engagement, more distinct rights and duties and quantifiable improvement in inclusion. Future studies ought to conduct cross-jurisdictional studies of CFI, align platform analytics to empirical results, and contrast alternative funding mixes across time.
O presente estudo possui como temática o confisco alargado, mecanismo que, a partir da introdução do artigo 91-A ao Código Penal pela Lei 13.964/19, passou a figurar como novo efeito extrapenal da condenação. O dispositivo autoriza, em determinados casos, o perdimento de bens incompatíveis com a renda lícita do condenado, mesmo que desvinculados da conduta criminosa concretamente considerada. A análise é voltada especificamente à exposição de motivos do chamado “Pacote Anticrime”, a fim de demonstrar a incongruência do texto legal, não apenas com os princípios constitucionais penais, mas também com as próprias justificativas apresentadas, à época, para sua implementação.
Criminal law and procedure, Social pathology. Social and public welfare. Criminology
Fernando de Oliveira Zonta, Amanda Pilon Barsoumian
O presente artigo tem como objetivo analisar a (in)constitucionalidade do artigo 310, §2° do Código de Processo Penal brasileiro, no tocante específico à reincidência como fundamento, por si só, para decretação ou manutenção da prisão processual. A partir da análise da Constituição Federal, da doutrina e da jurisprudência do Supremo Tribunal Federal, conclui-se pela inconstitucionalidade de referido dispositivo, pois viola, dentre outros princípios constitucionais, a presunção de inocência. Outrossim, a partir da análise da jurisprudência da Corte Interamericana de Direitos Humanos, conclui-se pela inconvencionalidade do referido dispositivo, pois denota um resgate do famigerado Direito Penal do autor.
Criminal law and procedure, Social pathology. Social and public welfare. Criminology
Era teknologi digital semakin berkembang hingga saat ini membawa dampak positif pada masyarakat, terutama bentuk perkembangan teknologi dalam bidang ekonomi pada sektor keuangan menjadi salah satu yang menonjol hingga saat ini. Pemanfaatan teknologi dalam bisnis sektor keuangan ialah melalui bentuk usaha perusahaan financial technology, yang memiliki bentuk usaha seperti Crowdfunding, Microfinancing, Peer to Peer Lending Service, Market Comparison, dan Digital Payment System, tentunya tiap bentuk usaha perusahaan financial technology memiliki nilainya sendiri dalam membantu perkembangan ekonomi nasional. Salah satu bentuk usaha perusahaan financial technology yang digemari saat ini ialah Peer to Peer (P2P) Lending, dimana P2P Lending sendiri membawa manfaat yang besar dalam pemenuhan kebutuhan masyarakat melalui sistem pinjam meminjam yang dinilai memiliki keunggulan diatas sektor perbankan konvensional. Layanan P2P Lending sendiri menjadi sarana investasi bagi masyarakat, melalui perjanjian yang disepakati oleh para pihak, serta bagi perusahaan financial technology sebagai penyelenggara layanan P2P Lending pun diawasi oleh Otoritas Jasa Keuangan, sehingga terdapat jaminan adanya perlindungan hukum bagi pengguna layanan keuangan. Namun tidak dapat dipungkiri, terdapat perusahaan penyelenggara yang justru melakukan perbuatan melawan hukum (onrechtmatige daad) sehingga timbul kerugian bagi pengguna layanan keuangan, sehingga diperlukan pemahaman mengenai penegakan hukum atas perbuatan melawan hukum (onrechtmatige daad) oleh perusahaan penyelenggara P2P Lending.
In recent years, public health systems in high-income countries have been heavily exposed to pressures due to high drug prices. High drug prices are affected by market monopolies that pharmaceutical companies have thanks to patents, i.e. the exclusive rights granted to them for drugs. An additional factor affecting high drug prices is the extended forms of intellectual property protection, including the extension of the exclusivity period after the expiration of a patent for medical devices. The supplementary protection certificate as a form of a supplementary protection for pharmaceutical products in the European Union is regulated by the Regulation 469/2009. This form of protection is also known in the national patent regulations. Since the entry into force of the Regulation 469/2009, there has been debated the question of whether the supplementary protection certificate should be available for new therapeutic uses of previously approved active ingredients. In addition, the subject of interpretation was also the Article 3(a) of the Regulation 469/2009 requiring that the “product” (i.e. the active ingredient or combination of active ingredients) being the subject matter of the SPC application, should be “protected by the basic patent”.
The author analyzes several important decisions of the EU Court of Justice, with an emphasis put on the recent verdicts in both the “Santen” and “Royality Pharma” cases. In the grounds of these cases, there have widely been discussed the issue concerning the encouragements given to pharmaceutical companies being involved into medical researches in order to stimulate their investment into innovation treatments.
On October 21, 2021, the European Court of Justice ruled in ZX and Spetsializirana prokuratura (Specialized Prosecutor's Office, Bulgaria), application no. C ‑ 282/20, by which it established art. 6 para. (3) of Directive 2012/13 / EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings and the Article 47 of the Charter of Fundamental Rights of the European Union must be interpreted as precluding national legislation which does not provide, after closing the preliminary hearing, for a procedure remedy for the ambiguities and gaps in the content of the indictment, irregularities, which affect the right of the accused person to be provided with detailed information on the indictment.
This specific article analyzes the meaningful purpose of the judgment in ZX and the procedural remedies regulated in the Romanian Code of Criminal Procedure applicable to changes in the factual and legal elements of the indictment.
In applying the jurisprudence of the ECJ, art. 6 para. (3) of Directive 2012/13 and art. 47 The EU CDF requires Member States to regulate legislation that allows for the legal recourse in court of any ambiguities and gaps in the content of the indictment that affect the right of the accused person to be provided with detailed information on the accusation. At the same time, national law must be interpreted in accordance with European Union law, in the sense that the judge must resort to all procedural means regulated by law in order to ensure that the defendant receives detailed information on the factual and legal grounds of the accusation and may apply properly for the right of defense.
Only if national law entails impediments in the activity of the judge to provide such information or to remove any ambiguities and gaps in the indictment, which may compromise the defendant's right to understand the essential elements of the prosecution, he may ensure that the defendant receives the right information on the factual and legal basis of the charge necessary to formulate the defense.
In the current regulatory framework, the absence of express provisions to establish on the procedural level a way to remedy the irregularities of the indictment conceives the premise of adopting solutions exclusively in court, without having a normative basis. In the doctrine, two remedies were outlined, the first involving a directly intervention of the prosecutor on procedural acts, which helps in enforcing the order of the judge of the preliminary hearing or the court of physical exclusion of illegal or unfair evidence, without operating a disinvestment of the court.
The second remedy involves a restitution of the case either to the prosecutor's office or even to the prosecutor, according to the distinctions evoked during the present study. But where should the restitution be ordered? At the prosecutor's office or at the prosecutor? The nuance is important because it implies differences in the procedural mechanism by which the resumption of criminal prosecution is carried out in the current criminal procedural system.
Finally, we consider that remedying the irregularity of the indictment by restituting the case and reactivating the judicial function of criminal prosecution is preferable to the direct intervention of the prosecutor in the trial phase, the representative of the Public Ministry having the possibility to maintain the possibility to redo the procedural documents and to issue a new regulatory indictment.
For the arguments extensively developed in this study, the court's order should be a return to the case to the prosecutor and not to the prosecutor's office, as the procedural filter of restitution to the prosecutor's office involves the exclusive power of the chief prosecutor to assess the extent to which it is necessary to resume the criminal investigation (according to the provisions of art. 334 CPC) is, in this case, superfluous. Being given the nature of the incidents that makes impossible for the trial to, in the cases discussed in this article, the direct application of the jurisprudence of the ECJ should lead to a mandatory resumption of the criminal prosecution limited to the need to replace compromised acts that successively set up criminal charges.
In conclusion, we note that the remedies proposed by the ECJ judgment in ZX should only operate in the limited context capable of justifying their existence. These should not become mechanisms for circumventing a procedural obligation of the court to resolve the case. Thus, we reiterate that if certain incidents arising during the trial, such as the change of the legal classification of the deed or the exclusion of decisive evidence, do not concern the external aspect of the accusation, but represent internal shortcomings closely related to its validity, the court is obliged to fully perform its function activated by notification and investment, following to rule on an acquittal, as the evidence in the accusation does not meet the minimum standard necessary to engage in criminal liability provided by art. 103 para. (2) CPC, beyond any reasonable doubt. Under these conditions, the remedies presented, regardless of the order of preference established by the interpreter, become incidental insofar as there are ambiguities in the accusation that could impede the proper exercise of the judicial function, not when the accusation is not supported by evidence, capable of proving beyond any reasonable doubt the guilt of the defendant.
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(3), 1325-1340 | Article | (Table of Contents) I. EU law and revision. - II. The nature of revision and (Western) European grounds. - II.1. The nature of revision: striking a balance between legal certainty and justice. - II.2. Different approaches on the grounds for revision in (Western) Europe. - III. Harmonisation of criminal revision procedure law. - III.1. Competence for harmonisation in general. - III.2. Criminal matters having a cross-border dimension. - III.3. Improving mutual recognition. - III.4. The principle of subsidiarity. - IV. Conclusion. | (Abstract) Although there is a European right to fair trial, a presumption of innocence, and a right to appeal, there is no European human rights norm that obligates Member States to allow former suspects to contest their convictions. In a time of growing harmonisation and comparison of criminal procedure approaches between European countries, and in a time in which new scientific options to gather and analyse evidence were developed, the question rises whether there should also be an EU right to claim innocence. And if so, what should it entail? A common European (Union) right to claim innocence could further strengthen the faith Member States have in each other's legal system and therefore have a positive influence on mutual cooperation in criminal matters. This Article explores the justification for an EU directive on this topic. It is concluded that an EU procedural right to overturn wrongful convictions could be justified (by the EU legislator), but further research on the various differences and (in)adequacy in practice of the existing mechanisms across the Member States is needed to substantiate the necessity of such an EU instrument.
There was serious controversy in the 1996 negotiations on the drafting of the ICC Statute on putting aggression on the list of crimes under the jurisdiction of the tribunal, which in turn stemmed from disagreements over the terms of Exercise of the ICC’s jurisdiction. The Review Conference's amendments in 2010 and Assembly state parties 2017 introduced specific rules regarding ICC’s jurisdiction for aggression that differ from the usual jurisdiction of the Court in respect of other crimes within its jurisdiction. It also lacks a clear and precise explanation for ICC’s specific jurisdiction over the crime of aggression, which has sometimes led to disagreements among jurists. Therefore, this paper will examine the ambiguous points of this jurisdiction regime in the Statute as well as the difficulty of applying ICC’s jurisdiction over the crime of aggression after July 17, 2018.
The positions of the Prophet and the infallible Imams can be divided into three dignities, divine orders prophecy, judgment, and supervisor. Paying attention to the position and dignity of the innocent in issuing a narrative contributes greatly to the correct understanding of the narrations.The question here is whether the observer narrations of the Diya guilds have been validated by the divine orders prophecy to the Prophet and the infallible Imams and as a result, in the present day, the killer have authority to pay every one of those guilds or basically determining the Diya guilds is governmental; therefore the Islamic ruler with regards the appropriates of society can order to pay a certain guild of these guilds? In this descriptive-analytical article, the nature of the order for the sixth guild of Diya is regarded as a government; therefore, for the payment of Diya, killer must only pay the Diya from the guilds designated by the ruler. On this basis, the Article 549 of the Islamic Penal Code, because of reduction of determining of blood money type to juridical practices it has been considered to be criticized and a replacement of Article 421-1 of the Islamic Penal Code has been proposed.
This book explains Indonesia’s complex legal system and how it works. Covering a wide range of substantive topics from public to private law, including commercial, criminal, and constitutional law, it is the first comprehensive survey of Indonesian law in English. Offering clear answers to practical problems of current law, each chapter sets out relevant laws and leading court decisions, accompanied by an explanation of how the law works in practice, with an analytical critique. The book begins with an account of Indonesia’s Constitution and the key state agencies, before moving to the lawmaking process, decentralization, the judicial system and court procedure, and the legal profession (advocates, notaries, and legal aid). Part II covers traditional customary law (adat), land law, and environmental law, including forest law. Part III focuses on criminal law and procedure, including investigation, arrest, trial, sentencing, and appeals. It also covers human rights law and the law on corruption. Part IV deals with civil law, and covers civil liability, contracts, companies and other business vehicles, labour, foreign investment, taxation, insolvency, banking, competition, and media law. The book concludes in Part V with an account of Indonesia’s complex family law and inheritance system for both Muslims and non-Muslims. The book has an extensive glossary of legal terms, and detailed tables of legislation and court decisions, designed as unique resources for lawyers, policymakers, and researchers.
Jolita Kančauskienė, a Prosecutor of the Criminal Prosecution Department, Prosecutor General’s Office in the Republic of Lithuania, examines the role and development of electronic evidence in criminal legal proceedings in Lithuania. Since the ultimate objective is to use evidence to prove or disprove disputed facts, electronic evidence must be obtained in compliance with existing legislation and best practice to ensure admissibility at trial. Index words: Evidence law, criminal procedure, Electronic evidence law and legislation, Lithuania
The Act on Amendments to the Criminal Procedure Act (NN 70/2017) introduced, into the Croatian legal system, the Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and European arrest warrant proceedings as well as the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty. This paper contains the analysis of the nomotechnical solutions after the implementation of the Directive 2013/48/EU in the Republic of Croatia. In addition, particular attention has been given to the new substantive term of the suspect and its practical implications in different stages of the Croatian criminal procedure with special reference to effects and perception of the implementation of the Directive 2013/48/EU in Croatian criminal procedure. The paper criticizes some domestic legal solutions and offer different approach, with respect to the trends that have been noticed after amendment of the Croatian Criminal Procedure Act.
Edwin Eduardo Velásquez Maldonado, Nicolás Sabillón, Ana Molina
La Fibromatosis Intraabdominal es una entidad rara, de etiología desconocida, benigna, sin riesgo de metástasis, pero de comportamiento clínico muy agresivo. Se presenta el caso de femenina de 47 años de edad con paro de evacuaciones de un mes de evolución, marcada distensión abdominal e intolerancia a la vía oral, quien fue manejada en la emergencia de adultos de un hospital público, sin poder determinar su diagnóstico, quien falleció en su casa 30 días después de su última atención hospitalaria. El diagnostico post-mortem en la autopsia médico legal se estableció como Fibromatosis Intraabdominal. Se requiere un alto índice de sospecha ante esta enfermedad con el fin de proveer manejo adecuado a las complicaciones asociadas y disminuir la mortalidad atribuible a ellas
Problem setting: According to the domestic legislation the state fully assumed the responsibility of investigating crimes and finding the perpetrators of these crimes, eliminating the possibility of personal revenge of a victim before a criminal (vigilante). However, these tasks can only be performed if you implement at least two complementary mechanisms: the attraction of guilty persons to criminal liability and compensation for harm to a physical person, which is suffered as a result of a criminal offense. The last movement, for a number of reasons, is imperfect and inefficient, and therefore extremely problematic for today's law enforcement practices.
Relevance of the research topic: For the victim of a criminal offence and the personality important is the reality and the amount of compensation of such harm, both criteria depend directly on the effectiveness and timeliness designed to ensure such compensation enforcement actions. However, due to the large percentage of unsolved crimes victims do not receive any reparation for their offence harm that is not consistent with the norms of the Civil code of Ukraine, which regulate relations in the sphere of compensation of harm not only national legislation but international legal acts ratified by the Verkhovna Rada of Ukraine.
Recent research and publications analysis: Analysis of recent research gives reason to believe that the affected problems has been the subject of research of such scientists as A. S. Alexandrov, L. M. Baranov, V. T. Bezlepkin, There.In. Blinkova, P. G. Gureev, From.With. Saturn, V. T. Nord, S. I. Ostapenko, S. Is. Sirotenko and others. However, the update of the regulatory material, in particular amendments to the Civil code ofUkraine, adoption of the new Criminal procedural code ofUkraine, can not affect scientific and practical interest in the conditions of modernity.
Paper objective: Need clarification in the scope of reparation by the state physical person, the victim of a criminal offence and the right of recourse of the state to the person in fault.
Paper main body: in the Civil code ofUkraine refers to the General obligation of States to compensate damage caused by a criminal offence, under appropriate conditions, however, the amount of such compensation is not specified. Therefore, as a General rule it can be argued that the harm must be compensated in full. Norms of civil legislation do not accidentally indicate that the conditions and procedure for compensation of harm caused a criminal offence determined by law, i.e. it is assumed that a special law may contain certain reservations and exceptions to the General rules of compensation for damage provided for in the Civil code ofUkraine. Limits on the amount of compensation by state for damage caused by a criminal offence, is quite fair, because the state cannot reimburse all the damage or injury, subject to certain conditions. Otherwise, individuals not to resort to methods of reducing loss in different situations, for example, individuals do not need to insure the property against criminal attacks because the government will reimburse. Civilni code of Ukraine provides that the person to compensate for damage caused by another person, has the right of return claim (regress) to a guilty person in the amount of the paid compensation if other size is not established by law, must be established wines of a particular tortfeasor in committing a crime. That is, the right of recourse of the state to the person in fault should be implemented only after determining in its actions of structure of a crime by a court that has gained legal force, because in the process of recognition of the person accused in the case, her guilt is not yet proven.
Conclusions of the research: for the normal regulation of legal relations in this sphere should pass a law that would provide for: the scope, boundary limits of indemnity and the dependence of its size on material situation of the victim, as a guarantee of observance of the principle of social justice, the establishment of the order of the subrogation claim of the state to a person who has committed a criminal offence
Introduction CHAPTER 1 Procedural Immunity: Medical Knowledge in the Age of Legal Certainty CHAPTER 2 On the Cusp of Reform: Making the Expert Scientific CHAPTER 3 Legal Mechanics: Carving Out a New Identity CHAPTER 4 Criminal Procedure in Social Context CHAPTER 5 Reform and the Role of Medical Expertise Conclusion Index