The Impact of Directive 2012/29/EU on the Italian System for Protecting Victims of Crime in Criminal Proceedings

2014 ◽  
pp. 307-317
Author(s):  
Giuseppe Alvaro ◽  
Alessandro D’Andrea
Keyword(s):  
Criminal Proceedings ◽  
Victims Of Crime ◽  
The Impact

scholarly journals Exploring the impact of the Victims’ Directive on service provision for victims of crime in Ireland

2017 ◽  
Vol 68 (4) ◽  
pp. 519-538
Author(s):  
Susan Leahy ◽  
Eimear Spain
Keyword(s):  
Service Provision ◽  
Information Support ◽  
Criminal Proceedings ◽  
Full Compliance ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Victims Of Crime ◽  
Primary Focus ◽  
Procedural Rights ◽  
The Impact

The article considers the impact which the Victims’ Directive will have on service provision for victims in Ireland and the challenges which will be faced in seeking to make the objectives of the Directive a reality. The primary focus of the Directive is the provision of effective services to victims of crime ‘to ensure that [they] receive appropriate information, support and protection and are able to participate in criminal proceedings’. Unlike proposals to give participatory or procedural rights to victims, providing services such as court accompaniment or similar supports is uncontroversial. However, while these rights are not controversial in principle, ensuring that victims receive consistent and effective services throughout their engagement with the criminal justice process is not necessarily easily achieved. The article begins by discussing the expectations which the Directive creates for victims under each of its three themes; that is, information, support and protection. Within the discussion of each theme, the article will highlight shortcomings which have been experienced by Irish victims in that area in the past and consider the initial attempts which have been made to meet the Directive’s objectives with regard to that specific theme. The authors argue that although clear efforts have been made to ensure the expectations created by the Directive become a reality, Ireland still has some way to go before full compliance is achieved. The article concludes by considering some of the general, practical challenges posed when seeking to implement the level of service provision envisaged by the Directive and outlining the commitments which the state will need to make to ensure that appropriate, Directive-compliant services are provided to victims.

scholarly journals LIBERTAD DE EXPRESIÓN, REDES SOCIALES Y DERECHO PENAL

2020 ◽  
Author(s):  
Fernando Miró-Llinares
Keyword(s):  
Social Networks ◽  
Freedom Of Expression ◽  
The State ◽  
Free Expression ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Redes Sociales ◽  
Need To Evaluate ◽  
Derecho Penal ◽  
The Impact

Nowadays it is easy to find public statements about the situation of freedom of expression in different democracies questioning the exercise of this right, perhaps as a result of the political tensions to which democratic states have been subjected in recent years. In this sense, Spain does not escape from these diagnoses. Both international indicators that try to measure the situation and evolution of freedom of expression in different States and academic scholars highlight the excessive criminalization of certain speeches that end up in criminal proceedings that sentence people who make offensive expressions, mainly through social networks. However, in order to reach this diagnosis it is necessary to put together all the symptoms that would lead us to that conclusion. Therefore, in this paper I analyze two main indicators that could shed more light on the state of freedom of expression in Spain and the impact that social networks have had on it. Firstly, I analyze the legislative evolution of expression offences since 1995, to evaluate the limits of certain expressions in order to reach the conclusion that, effectively, over the years the punitive scope of what cannot be expressed has been extended, thus limiting, at least in abstract, freedom of expression. Secondly, I analyze the jurisprudential evolution of all these crimes since 1995 to show that, indeed, the proliferation of sentences from 2015 to the present shows the increase in the criminalization of expressions that are made eminently through social networks such as Twitter and Facebook. To conclude, I reflect on the possibility that the latest absolutory sentence by the Constitutional Court of the singer of the band Def con Dos César Strawberry will increase the feeling that, from now on, all expression is admissible and, therefore, will increase free expression in general and, in particular, in social networks, since, it does not seem that our legislator is willing to rectify in its steps the excessive criminalization of certain offenses. I also reflect on the need to approach freedom of expression in a more empirical way and the need to evaluate not only the limitations that the law and judicial processes impose on freedom of expression, but also the extent to which citizens in general and, in particular, users of social networks, without the need to have gone through any criminal proceedings, have stopped expressing their opinions because only in this way will it be possible to determine the state of health of our right to freedom of expression.

scholarly journals Criminal Liability of Medical Profecionals Negligience: Comparative Analysis

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 251-263
Author(s):  
Kateryna Danchenko ◽  
Olga Taran
Keyword(s):  
Comparative Method ◽  
Criminal Liability ◽  
The United States ◽  
Medical Professionals ◽  
The European Union ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Medical Office ◽  
The Us ◽  
The Impact

The purpose of this article is to study the criminal liability of medical professionals in cases of suspension, in accordance with jurisprudence in Ukraine, the European Union and the United States of America (USA). He made the comparative method. According to the investigation, the number of criminal proceedings in Ukraine by the authority and misconduct of medical doctors is about 2% per population, my figure that rises to 30% in Europe and is the stable yes in the US and is 28%. 32%. The main objective of the article is often area identify specializations in the medical office occurs with the mayor based on Ukrainian jurisprudence (data from Ukraine’s only state judicial decision register from 2016 to 2019). In addition, the study analyses the impact of the main influences on the ability of medical professionals for their professional functions. From counting the results show that surgeons, gynecologists, paramedics, and anesthesiologists are the most prone to deviation and medical error. Key proposed criteria have been proposed as medical errors differ from medical writing.

scholarly journals On the Implementation of the Captains of the Vessels of Powers of Bodies of Inquiry

2020 ◽  
pp. 80-82
Author(s):  
Andrey Mikhailovich Dolgov
Keyword(s):  
Public Relations ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Proceedings ◽  
Stage Of Development ◽  
Foreign Countries ◽  
Communication Links ◽  
The Republic ◽  
The Impact ◽  
Current Stage

The paper deals with the implementation of such a principle of criminal procedure as the adversarial nature of the parties, in relation to the modern con-ditions of digitalization of legal proceedings. The relevance of this topic is explained by the fact that the current stage of development of public relations, characterized by the significant digitalization of communication links, in turn, is reflected in changes in legislation in General, and criminal proceedings in particular. At the same time, competition is one of the fundamental principles of this branch of law, the application of which should also be reflected in changes in legislation. In the course of the work, the criminal procedure norms regulating these issues, statistical data on the work of courts of General ju-risdiction, opinions and positions of leading proce-dural scientists in Russia and foreign countries (the Republic of Kazakhstan, Germany) were examined. As a result of the conducted research, the conclu-sion is made about the impact of the development of digitalization of criminal proceedings on the prac-tical application of the principle of adversarial par-ties.

Cyber-Victimization

2009 ◽  
pp. 575-592 ◽  
Author(s):  
Lynne D. Roberts
Keyword(s):  
Information And Communication Technologies ◽  
Service Provision ◽  
Communication Technologies ◽  
Cyber Victimization ◽  
Criminal Victimization ◽  
Information And Communication ◽  
Victims Of Crime ◽  
Cyber Crimes ◽  
Professional Responses ◽  
The Impact

Information and communication technologies (ICTs); while providing a range of benefits to individuals, organisations and governments; also provide new opportunities for criminal activities to emerge. This chapter provides an overview of criminal victimization online. The focus is on the impact of cybercrimes on victims and the associated legal, technical, educational and professional responses to cybervictimization. The focus on cyber-victimization is situated within the broader context of responses to victims of crime in off-line settings. The form of cyber-crimes will continue to change as new ICTs and applications emerge. Continued research into the prevalence, types and impacts of cyber-victimization is required in order to inform victim service provision and effectively address the needs of current and future cyber-victims.

A Comparative Study of the Relationship Between Time and Criminal Justice: the New Face of Criminal Statutes of Limitations in Italy

2019 ◽  
Vol 9 (3) ◽  
pp. 300-334
Author(s):  
Simone Lonati
Keyword(s):  
Criminal Justice ◽  
Good Practice ◽  
Criminal Proceedings ◽  
Legal Traditions ◽  
Limitation Periods ◽  
The Government ◽  
The One ◽  
The Impact ◽  
The Relationship ◽  
Made In

Addressing the need to avoid punishing long past events that have fallen into oblivion, only to then come into play when the government, by means of proceedings, stages a re-enactment and thus a reminiscence of those events: statutes of limitations in criminal law are marked by an axiological ambiguity. The debate on their quomodo becomes particularly heated when the focus turns to the possible interferences between limitation periods and criminal proceedings. The discussion stems from the difficult attempt to balance primary and essentially heterogeneous interests: on the one hand, protecting the accused from the “punishment of trial” and, on the other, providing the criminal justice system with adequate time for prosecuting and adjudicating criminal offences as a way to effectively protect the interests harmed by the commission of certain crimes. Furthermore, there is a widespread concern to avoid instrumental conducts by the parties solely aimed at running out the clock. The matter is undoubtedly complex, as the issues and implications it gives rise to are multiple and varied. In an attempt to outline a possible statutory framework that may govern the relationship between the passage of time after the commission of an offence and the time needed for its adjudication, it may be useful to expand the knowledge base from which to draw upon in order to identify appropriate solutions: to look beyond domestic boundaries is, after all, good practice when faced with an impasse. This analysis aims to closely examine the choices made in two legal systems-Germany and Spain-whose legal traditions are the closest to Italy. Firstly, the study will describe the key features characterizing, in general, limitation periods for criminal offences. Subsequently, special attention will be paid to the rules governing the impact that the launch and dynamics of criminal proceedings have on the running of limitation periods. Based on the differences and especially the similarities between the respective rules in force in the two countries, it will be possible to formulate a number of observations regarding the provisions implemented by the Italian legislator. Lastly, comparing and contrasting the German and Spanish legal experiences will allow a closer look at the more recent reforms of statutes of limitations in Italy, to the extent that the latter appear roughly inspired by the principles applied in the aforementioned systems.

On the quality of pre-trial proceedings

2019 ◽  
pp. 391-399
Author(s):  
Igor Vladimirovich Ovsyannikov
Keyword(s):  
Rule Of Law ◽  
Negative Impact ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Rule Of Law ◽  
Crime Detection ◽  
The Impact ◽  
Special Order ◽  
Objective Research

We consider the problem of the pre-trial proceedings quality and the impact on it of the shortcomings of the regulation of the procedural order of consideration of crimes reports, the special trial order, as well as the practice of their application. We characterize the dualistic nature of the previously conducted reform of the procedural order of crimes reports and strengthening the rule of law at the stage of criminal cases, which, at first glance, seems to be a solution to the problem of crime detection. We designate the expediency of refusal in the legislative order from the production of investigative actions during pre-investigation inspections and from the procedural terms of such inspections. Referring to the practice of courts of a special order of court decision, we note that the simplification and acceleration of criminal proceedings is permissible, but the existing rules of a special order should not be interpreted as a rejection of impartial and objective research by the court of the evidence available in the case, even if indirectly – on the case materials. It is stated that the shortcomings of the special order regulation and the practice of its application have a negative impact on the quality of both judicial and pre-trial proceedings. In addition, we propose scientifically based measures aimed at correcting the above shortcomings.

scholarly journals Influence of the Investigation Process on the Political, Economic and Social Status of the Accused in Criminal Cases in Vietnam

2020 ◽  
Author(s):  
AISDL
Keyword(s):  
Human Rights ◽  
The Political ◽  
Social Rights ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Special Investigation ◽  
Criminal Charges ◽  
Political Economic ◽  
The Impact ◽  
Investigation Process

According to the regulations of Vietnamese law, the accused is the person prosecuted with a criminal charges. Currently, Vietnam has made many judicial reforms to improve human rights, including reforms in criminal proceedings to protect the human rights of accuseds. However, in reality, due to many objective and subjective reasons, the accused's rights are not guaranteed. Especially in the process of investigation, creating adverse effects on the political, economic and social rights of the accuseds. During special investigation and proceedings, the accused's rights are the most seriously affected. In the framework of the article, the author assesses the impact of these activities in the investigation on the accused. Beside, proposing solutions to protect accuseds, including the need for authorities to compensate for political, economic and social damage caused by the violation of law provisions during the investigation in Vietnam.

scholarly journals To the question of the implementation of the right to protection of minors, victims of crime

2020 ◽  
Vol - (1) ◽  
pp. 41-44
Author(s):  
A.I. Glushkov ◽  
◽  
E.E. Smekina ◽  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Legal Literature ◽  
Victims Of Crime ◽  
The Right

The article is devoted to the analysis of issues of legal regulation and the realization in modern conditions of the rights to protection of adolescents who have suffered as a result of the crimes committed against them. Legal literature, legislative acts, as well as judicial and investigative practice on this issue have been analysed. On the basis of the study, problems of ensuring the right to protection of juvenile victims in criminal proceedings were identified, as well as proposals for improving the norms of criminal procedure legislation regulating this sphere of activity and their application were justified.

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