Media Arbitration Schemes: Addressing the Backlog of Defamation Cases in Malaysia

2021 ◽  
pp. 1-22
Author(s):  
Imaduddin Suhaimi
Keyword(s):  
United Kingdom ◽  
Criminal Procedure ◽  
Court Decisions ◽  
Criminal Courts ◽  
High Court ◽  
The United Kingdom ◽  
Procedure Code ◽  
Alternative Proposal ◽  
Salient Features

Abstract The rise in defamation claims in Malaysia has placed an onerous workload on the courts to deal with such matters. Against this backdrop, Hamid Sultan Abu Backer JC (as his Lordship then was) (Hamid Sultan JC) suggested in two separate High Court decisions that to alleviate the courts’ burden, matters pertaining to libel and slander ought to be constrained to the criminal courts through appropriate statutory amendments, including to the Criminal Procedure Code (Malaysia). In this paper, the author cautions against the learned Hamid Sultan JC's recommendations and proffers an alternative proposal in the form of media arbitration schemes to handle the growing influx of defamation claims. In particular, the salient features of the IMPRESS and IPSO Schemes from the United Kingdom are scrutinised in detail and measured in terms of suitability for a potential arbitration scheme in the Malaysian jurisdiction.

scholarly journals PROSECUTOR'S SUPERVISION OF LAW CONDUCTING INVESTIGATIVE (SEARCH) ACTIONS

2020 ◽  
pp. 377-386
Author(s):  
Я. Ю. Конюшенко
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Judicial Control ◽  
Procedure Code ◽  
The Law ◽  
Procedural Guidance ◽  
Compliance With The Law ◽  
The Relationship

The purpose of the article is to define the prosecutor's supervision over investigative (search) actions as a legal guarantee of human rights, as well as problematic issues in its implementation and to make proposals to improve the current criminal procedure legislation of Ukraine. The article defines doctrinal approaches to the concepts of "prosecutor's supervision over compliance with the law during the pre-trial investigation" and "prosecutor's procedural guidance of the pre-trial investigation" in the context of investigative (search) actions. The author came to the conclusion that the provisions of the Constitution of Ukraine, the Law of Ukraine "On the Prosecutor's Office" and the Criminal Procedure Code of Ukraine in terms of regulating the functions and powers of the prosecutor during the pre-trial investigation. Based on the study, it is proposed to consider procedural guidance as one of the forms of prosecutor's supervision over the pre-trial investigation, which is implemented directly by the prosecutor or a group of prosecutors who are appointed to carry it out in a particular criminal proceeding. The author also emphasizes the existence of forms of supervision of the highest level prosecutor on the legality of these actions, which are implemented through the demand and study of information on the progress and results of pre-trial investigation, criminal proceedings and certified copies of court decisions and study of compliance with criminal procedure. A number of problematic issues during the prosecutor's supervision in pre-trial criminal proceedings are outlined, which relate to the relationship between the prosecutor's supervision and judicial control over the legality of investigative (search) actions; subjects and subject of supervision of the prosecutor in this sphere; providing the prosecutor-procedural manager and prosecutors of the highest level with instructions and instructions during the investigative (search) actions. To address these issues, it is proposed to amend the current criminal procedure legislation of Ukraine. The study of the materials of criminal proceedings and the survey of the subjects of criminal proceedings indicate the existence of a number of problematic issues that exist during the implementation of the prosecutor's procedural guidance of investigative (search) actions in the context of human rights.

SHORTENED TIMELINE OF APPEAL AGAINST INTERIM COURT DECISIONS MADE AT A PRE-TRIAL STAGE OF CRIMINAL PROCEEDINGS

2021 ◽  
pp. 38-49
Author(s):  
Polina O. Gertsen ◽  
Keyword(s):  
Russian Federation ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Court Decision ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Medical Organization ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Russian Federation

The article deals with the problem of classifying interim decisions among those that are appealed in a shortened timeline, and determining the list of such decisions, as well as the closely related problem of determining the rules for calculating such a shortened timeline. Currently, the Criminal Procedure law provides for the possibility of appealing a number of interim decisions made at a pre-trial stage of criminal proceedings before the final decision Moreover, for appealing some interim decisions at a pre-trial stage of criminal proceedings, a general period of appeal is provided - 10 days from the date of the court decision, or the same period from the date of serving with a copy of the decision the person who is in custody, while for others a shortened timeline is 3 days from the date of the decision. Meanwhile, it follows from the literal interpretation of the Criminal Procedure Code of the Russian Federation that within a shortened three-day period, court decisions on the election of preventive measures in the form of a ban on certain actions, bail, house arrest, detention, the refusal to apply them or extend their application can be appealed. At the same time, such a conclusion is not confirmed either in the positions of the Plenum of the Supreme Court of the Russian Federation or in judicial practice. Based on the analysis of the criminal procedure law, the position of the Supreme and Constitutional Courts of the Russian Federation, scientific literature and practice, several problems are highlighted. Thus, the author states the discrepancy between the provisions of the Code of Criminal Procedure of the Russian Federation and the resolution of the Plenum of the Supreme Court of the Russian Federation when it comes to establishing the terms for appealing the court decision on a preventive measure in the form of bail. In addition, there is no single criterion for establishing shortened deadlines for appealing interim decisions, and there-fore, the list of such decisions requires analysis. In addition, the Criminal Procedure Code of the Russian Federation does not contain a norm that determines the rules for calculating daily terms. The author formulates several proposals for amendments. It is proposed to determine the criteria for a shortened appeal timeline as the restriction of the constitutional right to liberty and immunity of a person that requires the immediate judicial review of the lawfulness of such a decision. It is also necessary to correct the phrasing of Article 106 of the Criminal Procedure Code of the Russian Federation, which defines the procedure for applying a preventive measure in the form of bail, and establish the rule that appeal against such an interim court decision is filed according to the rules of Chapter 45.1 of the Criminal Procedure Code within ten days. The list of court decisions which must be appealed in a shortened timeline must be expanded by a court decision on putting a suspect or an accused into a medical organization providing medical or psychiatric care in hospital settings for forensic examination, as well as the extension of a person’s stay in a medical organization. In addition, the author has analyzed the approaches to the calculation of daily terms and proposes to amend Part 1 of Article 128 of the Criminal Procedure Code of the Russian Federation by establishing a single procedure for calculating daily terms, which does not take into account the day that served as a starting point of the term.

Carriers of Genetic Disorder and the Right to Have Children

1995 ◽  
Vol 44 (2) ◽  
pp. 75-80 ◽  
Author(s):  
D. Dickenson
Keyword(s):  
United Kingdom ◽  
Health Authority ◽  
Genetic Disorder ◽  
Healthcare Providers ◽  
High Court ◽  
Court Judge ◽  
The United Kingdom ◽  
Menopausal Women ◽  
Post Menopausal ◽  
The Right

The are two common replies to the question of whether carriers of genetic disorder should have children. The first simply ends any argument by claiming that everyone has an inalienable right to have children. In many ways this view is quite attractive. The right is said to be universal as well as inalienable. It avoids odious comparisons and applies to everyone, including those whom society has deemed unfit for the flimsiest reasons.In the United Kingdom, for example, a High Court judge recently upheld the decision by Sheffield Health Authority to refuse IVF treatment to Julie Seale, who was then 36, on the grounds of her advanced age. This latest salvo in what one writer has called “the fertility war” follows on from the Grand Peninsular Campaign against IVF treatment for post-menopausal women and the recurrent guerilla battle over enforced sterilisation. As this author remarks, “What has happened without our really noticing it is that, with every new skirmish in the fertility war, we are becoming more and more comfortable with the idea that some people deserve to be parents more than others” [1]. And in an age of what is essentially payment by results, there is a great temptation for healthcare providers to think that those who deserve to be parents are those with the best clinical chances.

scholarly journals IMPLEMENTASI TUGAS HAKIM PENGAWAS DAN PENGAMAT DALAM PENGAWASAN DAN PENGAMATAN TERHADAP NARAPIDANA (Kajian di Lembaga Pemasyarakatan Klas II A Purwokerto)

2010 ◽  
Vol 10 (2) ◽  
Author(s):  
Dessy Perdani Yuris PS
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Criminal Procedure ◽  
Internal Resistance ◽  
Court Decision ◽  
Court Decisions ◽  
Research Results ◽  
Procedure Code ◽  
The Supreme Court

The implementation of court judgments needs to be observed and perceived, thus the birth of Supervisor and Observer Judge Institution by Law No. 8 of 1981. The position of a Judge is not simply responsible for imposition of punishment, but also have to responsible for completion of punishment term by inmates in Correctional Institute by appropriate pattern and program of counseling. Besides in article 277 KUHAP till article 288 KUHAP it is charged another task as supervisor and observer of the court decision. The research results show that the implementation of the Supervisory Judge task and Observers in the execution of court decisions in Purwokerto Penitentiary is based on the Criminal Procedure Code Article 277 through Article 283 Criminal Procedure Code, the implementing regulations of the Supreme Court Circular No. RI. No. 7 of 1985. Supervisory Judge in the performance of duties and Observers in Purwokerto Penitentiary still met the constraints that are internal or external, internal resistance from law enforcement and the factors of factor means or facilities. Then the external barriers are the ruling factor.Keywords : Supervisor and Observer Judge, Purwokerto Penitentiary and prisoner

scholarly journals Authority of Prosecutor as the Executor of Judge’s Decision Stating That the Evidence Is Confiscated for the State; Criminal Act in the Excise Field

2021 ◽  
Vol 8 (9) ◽  
pp. 131
Author(s):  
Corinna Patricia ◽  
Yoserwan Yoserwan ◽  
A Irzal Rias
Keyword(s):  
Criminal Procedure ◽  
Qualitative Approach ◽  
The State ◽  
Primary Data ◽  
Court Decisions ◽  
Criminal Cases ◽  
Regional Office ◽  
Procedure Code ◽  
Executive Authority ◽  
Directorate General

The objectives of the current study are: 1) to identify and analyze the authority of prosecutor as the executor of judge’s decision on the spoils resulting from criminal act of excise, 2) to find out and analyze the arrangements regarding the coordination of the prosecutor as the executor with the Director of Enforcement and Investigation/ Head of the Regional Office of the Directorate General of Customs and Excise related to the execution of the judge’s decision stating that the evidence is confiscated for the state in criminal act in the excise field. This study applies a qualitative approach and uses secondary and primary data as support. The results of the study show that: (1) the executive authority of the prosecutor to carry out court decisions that have permanent legal force in criminal cases is regulated in Articles 270 to 276 of the Criminal Procedure Code. The provisions of Article 270 of the Criminal Procedure Code are in line with the provisions described in Article 54 paragraph (1) of Law No. 48 of 2009 concerning Judicial Powers that the implementation of court decisions in criminal cases is carried out by prosecutor. Then, the implementation of court decisions in cases of criminal acts in the excise field still refers to the Criminal Procedure Code because the Excise Law does not specifically determine the party authorized to carry out the execution of state booty in excise crimes, (2) the execution of judge’s decision stating evidence confiscated for the state in a criminal act in the excise field does not include regulations regarding the coordination of the prosecutor as executor with the Director of Enforcement/Head of Regional Office of the Directorate of Customs and Excise Enforcement and Investigation.

scholarly journals ISSUES OF JUDICIAL ORGANIZATION AND JURISDICTION OF COURTS OF FIRST INSTANCE IN THE REPUBLIC OF ESTONIA

2019 ◽  
Vol 8 (7) ◽  
Author(s):  
Rinat R. Akhmetzakirov ◽  
Idris M. Gilmanov ◽  
Muhamat M. Gilmanov
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Political Rights ◽  
Criminal Courts ◽  
Procedure Code ◽  
Independent Form ◽  
Protection Of Human Rights ◽  
The Russian Federation ◽  
The Republic

The United Nations obliges the national legislator to pay particular attention to issues of jurisdiction through the International Documents. These obligations are specified in clause 1 of Article 14 of the Covenant on Civil and Political Rights and in clause 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It is the duty of states to guarantee rights to a fair public hearing by a competent court without delay. Jurisdiction issues, i.e. competencies of criminal courts in the Russian Federation, are regulated by Article 31 of the Criminal Procedure Code of the Russian Federation. The rules of this article are of great importance. Thus, the fulfillment of the requirements of Article 31 of the Criminal Procedure Code of the Russian Federation consists in the fact that if the rules of this article are violated, this automatically leads to the sentence cancellation and the re-examination of the criminal case.  Similar serious attention is paid to the legislator of the Republic of Estonia. The legal system of this country is part of the Romano-German legal family, having peculiar differences. In order to alleviate the workload of the courts of first instance, offenses were singled out in the Criminal Code as an independent form of punishment, and the simplified (summary) proceedings were also stipulated for application.

The Commonwealth Executive Power: Historical Constitutional Origins and the Future of the Prerogative

2020 ◽  
Vol 43 (3) ◽  
Author(s):  
Catherine Dale Greentree
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
Executive Power ◽  
High Court ◽  
Historical Approach ◽  
The United Kingdom ◽  
The Future ◽  
The Common

This article argues that the Commonwealth’s non-statutory executive power should be interpreted using an ‘historical constitutional approach’, first developed by JWF Allison for the United Kingdom. Some argue that the non-statutory executive power should be informed by the Crown’s historical prerogative powers and the common law (the ‘common law view’), while the High Court has recognised an inherent ‘nationhood power’ sourced directly in section 61 of the Australian Constitution, that does not require reference to the common law or the prerogatives (the ‘inherent view’). Peter Gerangelos identified a potential jurisprudential shift after Gageler J seemingly adopted an historical approach in Plaintiff M68/2015 v Minister for Immigration and Border Protection (2016) 257 CLR 42. This article argues that interpreting section 61 through an historical constitutional lens would be in keeping with the origins, influences, and common law limitations on the development of the Crown’s powers in Australia since Federation. This will better ensure fidelity to fundamental constitutional principles than the inherent approach.

scholarly journals Keabsahan Putusan Pengadilan yang Belum Inkracht sebagai Novum dalam Pengajuan Peninjauan Kembali

2019 ◽  
Vol 6 (2) ◽  
pp. 138
Author(s):  
Hardy Salim ◽  
Yoefanca Halim ◽  
Adriel Michael Tirayo
Keyword(s):  
Judicial Review ◽  
Research Method ◽  
Criminal Procedure ◽  
Court Decisions ◽  
Legal Certainty ◽  
Procedure Code ◽  
Legal Force

<p>A judicial institution has criteria that must be met, namely principles that are open, corrective, and recordive. The broadest opportunity to submit corrections and recordings of decisions that have permanent legal force (inkracht) deemed unfair by justice seekers can be done through a Judicial Review. However, the Judicial Review is very limitative, one of them with the requirement for novum. But the regulation of conditions can be said to be a condition as a novum not strictly regulated. By looking at this matter, the research is carried out with the aim of finding out the validity of court decisions which have not been inkracht as novum in the submission for reconsideration. This study is using a normative research method. In conclusion, court decisions that have not been inkracht as novum in submitting judicial review are valid because they need to prioritize the value of justice and truth before legal certainty. As long as the prerequisites in Article 263 paragraph (1) of the Criminal Procedure Code have been fulfilled, and one of the requirements in paragraph (2) has been fulfilled.</p>

scholarly journals Appropriate subject of obtaining evidence of a criminal offense in the opinion of the court

2021 ◽  
Vol 66 ◽  
pp. 224-228
Author(s):  
A.-M.Y. Anheleniuk
Keyword(s):  
Criminal Procedure ◽  
Evidence Base ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Procedure Code ◽  
Evidence Collection ◽  
The Subject ◽  
The Right ◽  
Operational Unit

The article considers the collection of evidence by the prosecution, because it is in this order that the evidence base of criminal proceedings is most often formed. Thus, the prosecutor, investigator (investigator) acting under Articles 36, 40, 401 of the Criminal Procedure Code of Ukraine, as well as an employee of the operational unit pursuant to Article 41 of the Criminal Procedure Code of Ukraine on behalf of the investigator or prosecutor have the right to collect evidence. The purpose of the article is to study the affiliation of the subjects of evidence collection as part of the procedural form of the criminal process of Ukraine, taking into account the analysis of court decisions, namely the assessment of the evidence base as a basis for deciding on the merits of criminal proceedings. Cases of involvement of an improper subject in the pre-trial investigation, which are common and typical, are systematized. There are two types of improper subjects within the investigative (search) or procedural actions, namely the subject: 1) is not appointed in the manner prescribed by law, although according to current legislation according to the list of its powers may be appropriate; 2) does not have the authority under the law to make a specific decision or to conduct investigative (search) or procedural actions. An analysis of court decisions according to which courts provide an assessment of the procedural activities of the subjects of evidence collection in criminal proceedings at the stage of pre-trial investigation, including their relevance and admissibility. Thus, attention is paid to the assessment of courts on the legality of the presence of persons during investigative (investigative) or procedural actions; the correctness of fixing such a presence. In addition, the situations of appointment of relevant subjects in criminal proceedings to fulfill their powers are considered. It is proposed to supplement the first part of Article 236 of the Criminal Procedure Code of Ukraine with a provision that clarifies the grounds for the stay and authority of the employee of the operational and investigative service during the search.

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