Hasil untuk "Criminal law and procedure"

Arezoo Ghazanfari, Abbas Sheikholeslami, Ali Akbar Esmaeili

This study aims to identify the strengths and weaknesses of the Iranian and English legalsystems regarding the use of scientific evidence and to propose solutions for overcomingobstacles to its acceptance. The results indicate that within Iranian law, the acceptance ofscientific evidence is highly dependent on the judge’s personal judgment and the principleof “the judge’s personal knowledge,” which can lead to contradictory opinions. By contrast,the English legal system employs stricter criteria, such as the Daubert principles, whichhave enhanced the accuracy of scientific evidence evaluation but have also resulted in morecomplex and costly processes. Both legal systems face challenges, including the potentialmisuse of scientific evidence and a lack of specialized training for judges and experts.The study concludes by suggesting that the Iranian legal system, drawing on the Englishexperience, develop clear criteria for the acceptance of scientific evidence and standardizeits evaluation process. Reforms have also been proposed for the English context to reducecosts and streamline procedures. The study highlights the importance of specialized judicialtraining and international cooperation for improving the efficiency of judicial systems.

Jessika Houde, Étienne Blais

L’objectif de la présente étude était d’évaluer l’effet d’une équipe mobile de médiation et d’intervention sociale sur la prise en charge des personnes en situation d’itinérance. L’équipe mobile a été mise en place afin d’offrir une alternative non judiciaire à la gestion des conflits en lien avec des enjeux de cohabitation ou d’utilisation de l’espace public. Pour atteindre notre objectif, nous avons utilisé des données administratives, collectées par un service policier et par l’organisme responsable de l’équipe mobile, afin de créer un groupe expérimental (n = 81) et un groupe témoin (n = 208). Nous avons apparié les observations des groupes expérimental et témoin sur la base de leur score de propension dans le but de reproduire les conditions d’un essai randomisé. Les résultats que nous avons obtenus indiquent que les transports vers l’hôpital sont moins fréquents lorsque l’équipe mobile intervient que lors d’interventions policières. Les résultats montrent aussi que les personnes ayant affaire avec l’équipe mobile ont plus de chances d’être dirigées vers des ressources communautaires, que si elles ont affaire avec les forces policières. Ainsi, les équipes mobiles, composées d’intervenants psychosociaux, semblent efficaces pour gérer les conflits impliquant des personnes en situation d’itinérance dans l’espace public.

A. Owoche

The idea of judicial cooperation in criminal cases and enforcement under international law is undoubtedly based on the broad tenet that it is in the interests of civilised nations for crimes to be prosecuted and that it is customary for states to cooperate with one another in order to provide every support necessary to bring criminals or persons guilty of certain crimes involving international matters to justice. The world legal system has indeed reached a global operations clime, with undoubted interconnection between international courts and tribunals with and amongst states directly affected. The aim is to create a formidable mechanism for legal certainty and stability at a global scale and crystallize a reality where criminal offenders who attempt to escape criminal punishment in a state where an offence is committed are made to face the full force of the law by not only presenting them for criminal trials but making evidence available against them leading to justice being done in the circumstance. This formidable mechanism consists of elements such as mutual legal assistance, extradition, reparation etc. Consequently, this work examines critically the methods of judicial cooperation and enforcement procedure laying much emphasis on mutual legal assistance and extradition viz a viz the need to reconcile theory and practice noting that the ultimate objective of judicial cooperation is the creation of a world where there is no safe haven for criminals. Keywords: International law, States, Judicial cooperation, Enforcement mechanisms, Criminal cases.

Instituto Brasileiro de Ciências Criminais

A possibilidade de remição de pena por meio da leitura fomenta movimentações no campo jurídico há anos. Em 2013, a Recomendação do CNJ nº 44 estabeleceu os parâmetros para fins de remição de pena pelo estudo e previu sua equivalência para a leitura.

Dr. Luiz Henrique Eloy Amado, Victor Hugo Streit Vieira

Mesmo após o advento da Constituição Federal de 1988, o tratamento jurídico-penal reservado a réus, acusados e condenados indígenas continuou invisibilizando as diferenças étnico-culturais, predominando uma interpretação etnocêntrica e eurocêntrica no ato de responsabilização penal do indígena. O presente artigo prima por uma abordagem intercultural e decolonial à matéria, consolidada na Resolução 287 do Conselho Nacional de Justiça.

IBCCRIM

Um homem parado ao lado de um carro em via pública poderia ser apenas o que estas palavras descrevem, desde que esse homem não fosse um homem negro. Francisco Cícero dos Santos Júnior é a prova disso. Abordado pela polícia durante um patrulhamento de rotina, foi avistado e descrito como “um indivíduo de cor negra que estava em cena típica de tráfico de drogas”. Nenhuma outra característica foi empregada para descrever Francisco, porque a epiderme preta é o gatilho que impulsiona e legitima o aparato repressivo estatal. Assim, ele foi conduzido e preso para, em seguida, ser denunciado e condenado por tráfico de drogas. Em linhas gerais, esse é o pano de fundo do julgamento que se iniciou no dia 1º de março deste ano, perante o Supremo Tribunal Federal, por força da impetração do HC 208.240 pela Defensoria Pública de São Paulo.

Muhammad Arif Setiawan

This paper aims to analyze the regulatory framework on arrest and detention in Indonesian Criminal Procedure Code under human rights perspective. This study employed doctrinal legal research using statute and conceptual approaches. The findings of this research reveal that the principles of law enforcement and human rights, which include the principles of legality, necessity, and proportionality, are essentially general principles that can be used to determine whether state actions that interfere with citizens' rights and freedoms violate or do not violate human rights. The legal provisions concerning arrest and detention did not fit the human rights standpoint particularly in the context of procedure and the length of detention. The proportionality and the necessity principle have not been fully considered as the ethical basis for arresting the perpetrator of a crime. Hence, what is needed is to amend the Criminal Procedure Code considering the adoption of both necessity and proportionality principle in the arrest and detention.

V. Ablamska

The issue of legal regulation of the specifics of criminal proceedings under martial law has been studied. When posing the problem, it was stated that Russia’s full-scale war against Ukraine significantly changed the functioning of state bodies and institutions, as a result of which appropriate changes and additions were made to a number of normative legal acts. This also affected the specifics of the procedure for conducting pre-trial investigation and court proceedings under martial law. A systematic analysis of the provisions of the CCP of Ukraine shows that certain innovations are quite debatable and controversial. In this perspective, the need to eliminate legislative conflicts in order to implement effective and unambiguous practical implementation of legislative norms is argued. The key aspects in ensuring the practical application of the norms of the criminal procedural legislation of Ukraine regarding the specifics of criminal proceedings under martial law should be the regulation of the specified issue in a single section. This statement has been made as a result of a systematic analysis of the Criminal Procedure Code of Ukraine, in particular, it was found that changes and additions were made not only to Section IX-1 “Special regime of pre-trial investigation, trial under martial law conditions”, but also to other general provisions of the Criminal Procedure Code of Ukraine. It is noted that in paragraph 2, part 1 of Art. 615 of the Criminal Procedure Code of Ukraine fixes the definition of “absence of an objective possibility”, the interpretation of which is not provided in the law, and no cases of such an objective possibility are given. In this perspective, the vision is expressed that it is more logical for the legislator to provide a provision according to which the decision made by the prosecutor is subject to further approval by the investigating judge at the first opportunity. During the study of the amendments related to the application of preventive measures to servicemen who are suspected or accused of committing crimes provided for by Articles 402–408, 410, 420–425, 427, 431–433 of the Criminal Code of Ukraine, a proposal has been made to make certain changes aimed at protecting rights and freedoms of such a person. In particular, it is advisable to provide that in the event of the end of martial law, a serviceman or his/her lawyer has the right to apply to the investigating judge, the court with a request to change the preventive measure or choose a more lenient one.

T. Loskutov

The article is devoted to the study of the legal regulation of the recording of criminal proceedings in martial law. In the course of the problem it is pointed out that an important place among the regulations governing the procedure of criminal proceedings in martial law is occupied by legislative provisions that regulate the specifics of recording criminal proceedings. It is noted that the conduct of hostilities complicates the use of «normal» forms of recording criminal proceedings. During the coverage of the state of elaboration of the relevant issues, it is noted that the subject of the study of scientists were only general issues of legal regulation of the fixation of the criminal process in martial law. Scholars have not focused on the study of the legal regulation of the recording of criminal proceedings carried out in a situation of hostilities. During the presentation of the main material it is emphasized that the existing legal regulation of fixing the decision to initiate criminal proceedings during martial law is imperfect, because the current procedural rules may adversely affect the effectiveness of criminal proceedings at the initial stage of the investigation. It is determined that during martial law the legal regulation of recording the decision to initiate a pre-trial investigation by drawing up a resolution is superfluous, as this formality, even ex post facto, involves unjustified spending of pre-trial investigation resources. It is emphasized that the legal regulation of mandatory technical recording of all criminal proceedings, if there is a real possibility, along with paper (protocol) recording in full during martial law is considered quite controversial. It is stated that the procedural norms should contain provisions on the simplified, alternative fixation of the special procedure of criminal proceedings due to the legal regime of martial law. It is argued that the simplification and variability of the recording of criminal proceedings under martial law should be determined by the balance between paper and technical forms of recording. Emphasis is placed on the legal regulation of the peculiarities of the participation of witnesses in criminal proceedings during the martial law regime.

C. McKay

ABSTRACT Risk assessments are conducted at a number of decision points in criminal procedure including in bail, sentencing and parole as well as in determining extended supervision and continuing detention orders of high-risk offenders. Such risk assessments have traditionally been the function of the human discretion and intuition of judicial officers, based on clinical assessments, framed by legislation and common-law principles, and encapsulating the concept of individualised justice. Yet, the progressive technologisation of criminal procedure is witnessing the incursion of statistical, data-driven evaluations of risk. Human judicial evaluative functions are increasingly complemented by a range of actuarial, algorithmic, machine learning and Artificial Intelligence (AI) tools that purport to provide accurate predictive capabilities and objective, consistent risk assessments. But ethical concerns have been raised globally regarding algorithms as proprietary products with in-built statistical bias as well as the diminution of judicial human evaluation in favour of the machine. This article focuses on risk assessment and what happens when decision-making is delegated to a predictive tool. Specifically, this article scrutinises the inscrutable proprietary nature of such risk tools and how that may render the calculation of the risk score opaque and unknowable to both the offender and the court.

A. Grinenko, D. Chistilina

The relevance of the research is due to the existing contradictions between the theoretical model of adversarial nature and the practice of its implementation in the criminal procedure of Russia. The legislative regulation of this principle does not allow us to say that it is effective in the course of practical activity. The purpose of the research is to consider the operation of the principle of adversarial nature at various stages of the criminal procedure, as well as the theoretical concepts of its strengthening in the criminal procedure. The objectives of the research: to conduct a retrospective research of the implementation of the principle of competition in the criminal procedure of Russia, to consider various approaches to the definition of competition, to analyze proposals for strengthening competition in the criminal procedure of Russia. Methodology. Methodological basis of research is a general scientific dialectical method as a method of scientific knowledge; a systematic approach to the problem, historical method, formal-logical method, etc. Results. The strengths and weaknesses of the adversarial criminal procedure were identified, the possibility of introducing a lawyer's investigation, reviving the institute of investigative judges, creating a special court apparatus to ensure the independence of judges was considered. Conclusion. The existing criminal procedure system has long been formed in the conditions of authoritarian state power, which has left its mark on the operation of the principle of competition in the criminal procedure of Russia. Its manifestation to a greater extent at the trial stage is due to the presence only at this stage of an independent subject in the form of a judge, who can provide equal opportunities for the prosecution and the defense to participate in the consideration of a criminal case. In addition, there is no conceptual contradiction to the principle of competition in the fact that the presiding judge can act actively because the law imposes on him responsibility for the justice of the sentence. At the pre-trial stages, there is no such independent body, although it is necessary for the objective establishment of all the circumstances of the incident.

Botirjon Ruzmetov

In this article author had searched the questions devoted the protection of human rights in the criminal procedure legislation of the Republic of Uzbekistan and comparing with the legislation and worldwide experience of the foreign states.The article reveals the ongoing liberalization of the criminal law policy in the Republic of Uzbekistan, which is aimed at expanding human and fair norms, strengthening the protection of the rights, legitimate interests of a person andsociety. Against this background, the significance of investigative actions and the theory of evidence in the country's criminal procedural legislation is being revised. The development of science and technology leads to the improvement of methods of committing crimes using computer technology, taking into account which the timely disclosure and effective investigation of socially dangerous acts requires extensive use of mathematical tools and computer technologies.In this regard, changes are taking place in the investigative practice aimed at increasing knowledge in the field of computer technologies among law enforcement officials and increasing the responsibility of the personal of the investigative and judicial authorities in the implementation of their activities.The author emphasizes that despite significant restrictions on the rights and legitimate interests of a person in the conduct of investigative actions, all of them are necessary for obtaining sufficient evidence to expose the guilt of the offender, in the manner prescribed by law.Compliance by investigators, prosecutors and judges of all criminal procedural requirements established by the legislation of the country is a key requirement for the recognition of evidence as lawful and sufficient for a fair sentence.It should be noted that the article highlights that, since 1994, the Criminal Procedure Code of Uzbekistan enshrines the right to defense by involving a lawyer in the case from the moment a person is detained on suspicion of committing a crime, as well as the principle of equality of arms in criminal proceedings. An addition to the liberalization of legislation is the fact that now the courts are freed from such unusual functions as the execution of court decisions.In addition, the article expands on the author's proposals for improving the legislation of Uzbekistan, as well as expanding the power of lawyers, especially in the conduct of investigative actions, aimed at expanding the process of liberalization of criminal law in the country and improving the situation with the protection of human rights in the investigation of criminal cases.

Alexandre Chitov

This study looks at the principles that shape the structure of the whole of Thai criminal procedure law. It examines how the search for truth is attempted to be reconciled with the idea of a fair trial or procedural fairness. The conflict between the search for truth on the one hand and guaranteeing procedural rights of the accused on the other is particularly problematic in the Thai context. Thai law affirms that some evidence cannot be admissible if it is obtained by a violation of certain procedural norms. At the same time, the law allows judges to admit some unlawfully obtained evidence in the interest of justice. The conflict between various legal norms cannot be solved without permitting judges to exercise broad discretion in striking the right balance between discovering the true facts and protecting the rights of the accused. Thai legal education and practice does not allow a broad judicial discretion in accepting or rejecting evidence on the grounds that it was obtained unlawfully. As a result, there is an attempt to build a sophisticated system of rules to accommodate the interests of justice and fairness in different situations. This system, however, lacks clarity and consistency.

Maëlig Jacquet, Lionel Grossrieder

L’objectif de cet article est de cristalliser de manière pragmatique les enjeux et perspectives de la reconnaissance faciale en sciences criminelles pour acquérir une meilleure connaissance des limitations et des opportunités offertes par ces technologies, essentielles à leur application au sein du système judiciaire. Nous postulons que cette réflexion doit s’inscrire dans une approche interdisciplinaire qui intègre l’utilisation d’algorithmes en considérant les spécificités de la criminologie et de la science forensique. Cet éclairage permet d’établir un bilan de l’utilisation de la reconnaissance faciale en le scindant en questions fondamentales. Quelles sont les images utilisées en reconnaissance faciale ? Comment sont-elles comparées ? Quels objectifs la reconnaissance faciale sert-elle ? Où est-elle mise en oeuvre et par quels acteurs ? Cette subdivision permet de mieux situer les enjeux et limites de la reconnaissance faciale, ainsi que les perspectives de développement et de recherche. Sur le plan des données elles-mêmes, l’enjeu principal concerne leur qualité originale puis sa dégradation potentielle aux stades de collecte et de sauvegarde des images, qui influencent leur utilisation ultérieure. Pour ce qui est des méthodes, les enjeux se cristallisent autour du manque de standardisation et de transparence, aussi bien lors de tâches exécutées par l’être humain que par un système automatique. Concernant les objectifs des tâches de reconnaissance faciale dans les domaines civil et judiciaire, les enjeux gravitent autour de la protection de la sphère privée et des libertés individuelles. Enfin, les principaux défis soulevés par son utilisation comme moyen de preuve au tribunal concernent la communication, ainsi que la standardisation et la validation méthodologique.

Joe Purshouse

‘Paedophile hunters’ have attracted global media attention. The limited literature on paedophile hunters, which documents their emergence in contemporary liberal democracies, pays scant attention to how their use of intrusive investigative methods may threaten the procedural rights of suspects and undermine the integrity of the criminal justice system. This article fills this normative ‘gap’ in the literature. It draws upon media coverage, criminal procedure jurisprudence, and criminological scholarship to analyse the regulation of paedophile hunting in English and Welsh law. The article suggests that domestic law does not afford adequate protection to due process and the fundamental human rights of those falling under the paedophile hunter's purview. Unless paedophile hunting is constrained by a narrower and more robustly enforced regulatory regime, it should not be permitted, let alone encouraged, in contemporary liberal democracies.

José Luis Díez-Ripollés

Ludek LUKAS

The safety and security is one of the key areas of interest for society and especially for organizations. Several dozen kinds of safety and security exist today. The organization must provide several kinds of security at the same time. Physical security, information security, occupational health and safety, fire protection and others are among the kinds of security provided. These kinds of safety and security usually exist independently, that causing problems. Discrepancy, greater complexity, staffing and financial costs are among those problems. Converged security is a possible solution. Converged security represents the integration of compatible kinds of safety and security. As a rule, physical security, cybersecurity and operational safety integrated into converged security within the organization. Converged security integrates separate data and events into a single unit, enabling a better understanding of the security situation. At the same time, it enables faster resolution of security breaches. Introducing converged security in an organization requires a good understanding of the security environment in which the reference object is located. Several ways of representing a security environment in the form of a model exist at present. The article describes how to create an organization's security environment model. It considers the conceptual model to be the most appropriate. This model allows a deeper analysis of the security environment. The article is a contribution to the development of theory of safety and security.

Michele Dei Cas, Eleonora Casagni, Sebastiano Arnoldi et al.

A screening method for the separation and identification of more than fifty NPS is proposed. The method is based on fast gas-chromatography/time of flight mass spectrometry (FAST-GC/MS-TOF). Thanks to the shorter and narrower capillary column and to the rapid acquisition of the TOF detector a huge number of compounds are separated in a very short time of analysis (10 min). Only a few peaks were overlapped. The possibility to apply deconvolution by the software of the GC/MS-TOF instrument allowed the unequivocal identification also for the superimposed peaks. Linearity and LOD was studied and the method was applied to 63 cases of powders seized by the judicial authority at the airport of Milano Malpensa in Northern Italy in the period 2014–2017. Keywords: NPS, GC/MS-TOF, Cannabinoids, Cathinones, Judicial seizures

Rana Muhammad Mateen, Asma Tariq

Crime scene investigation is an important tool in criminal investigation process. Proper processing of crime scene is a prerequisite for successfully solving a criminal case. In Pakistan, local policemen are not properly trained and equipped with the necessary items required for systematic processing of crime scene including proper identification and collection of evidence. Certain capacity building measures and improvements must be needed for proper processing of crime scene in Pakistan. This article focuses the current situation and strategies being practiced in Pakistan followed by suggestions for capacity building measures in this field. Keywords: Pakistan, Crime scene, Investigation process, Capacity building

Brenner M. Fissell