The Code of Criminal Procedure Relating to Procedure in the Criminal Courts of British India

2009 ◽  
Author(s):  
H. T. Prinsep
Keyword(s):  
Criminal Procedure ◽  
Criminal Courts ◽  
British India

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.

Patronage and Rationalization: Reform to Criminal Procedure and the Lower Courts in Chile

2017 ◽  
Vol 42 (02) ◽  
pp. 423-449 ◽  
Author(s):  
Jeanne Hersant
Keyword(s):  
Justice System ◽  
Frame Analysis ◽  
Criminal Procedure ◽  
Criminal Courts ◽  
Street Level ◽  
Santiago De Chile ◽  
Different Types ◽  
Lower Courts ◽  
Depth Interviews ◽  
Street Level Bureaucracy

This article analyzes how the lower criminal courts in Chile transitioned from an inquisitorial to an adversarial justice system between 2000 and 2005 as part of the Criminal Procedure Reform. Drawing on the frame analysis of the street-level bureaucracy and judicial ethnography, I examine the transition between two different types of judicial bureaucracy from the perspective of the actors who implemented the reform. The study is based on in-depth interviews with officials and judges of both inquisitorial and adversarial courts, administrative managers of the new courts, and actors who designed the administrative reorganization of lower criminal courts. The study involved a three-month, weekly observation in an inquisitorial court in Santiago de Chile. The article emphasizes the specificity of the Chilean judiciary, where both inquisitorial and adversarial criminal courts still coexist.

1. Introduction

2018 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Professional Conduct ◽  
Criminal Courts

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

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.

scholarly journals Pluralism in International Criminal Procedure

2019 ◽  
pp. 992-1017
Author(s):  
Jenia Iontcheva Turner
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Equal Treatment ◽  
Crimes Against Humanity ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
The Rule Of Law ◽  
Proper Weight

This chapter examines the pluralistic nature of international criminal procedure. International criminal procedure refers to the procedures used at the international criminal courts and tribunals that were established to address war crimes, crimes against humanity, genocide, and other serious offenses. The chapter begins with an overview of the evolution of modern international criminal procedure, first at the ad hoc tribunals for the former Yugoslavia and Rwanda and then at hybrid courts and the International Criminal Court. It then discusses the goals pursued by international criminal procedure, such as: providing a fair trial, establishing the truth, enforcing criminal laws effectively, respecting human rights, and promoting the rule of law. Different views about the proper weight to be placed on each of these goals leads to diverse procedures across and within international criminal courts. The chapter considers two examples of pluralism in international criminal procedure: judicial management of criminal proceedings and involvement of victims in the proceedings. Finally, the chapter offers a normative assessment of pluralism in international criminal procedure. While diversity of procedures can help international criminal courts arrive at solutions that address the unique political and practical challenges of international criminal justice, divergent procedures within the same court raise concerns about predictability and equal treatment.

1. Introduction

2019 ◽  
pp. 3-32
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Professional Conduct ◽  
Criminal Courts

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

What are the Objectives of International Criminal Procedure? – Reflections on the Fragmentation of a Legal Regime

2010 ◽  
Vol 79 (2) ◽  
pp. 279-302 ◽  
Author(s):  
Mark Klamberg
Keyword(s):  
International Criminal ◽  
Criminal Procedure ◽  
Historical Record ◽  
Social Needs ◽  
Legal Issues ◽  
Legal Certainty ◽  
Criminal Courts ◽  
Legal Regime ◽  
Hard Case ◽  
Hard Cases

AbstractInternational criminal courts pursue several objectives including retribution, deterrence, creating a historical record and giving a voice to the victims while the rights of the accused are protected. A problem is that these objectives pull in different directions creating tensions and fragmentation in the procedural system. Numerous legal issues, referred to as 'hard cases', entail a choice where the judge has to make a choice between two or several objectives. In the interest of legal certainty solutions should ultimately controlled by the law and not by the discretion of the judge. This article examines whether it is possible to identify a universally acceptable hierarchy of objectives. It is argued that the relevant objectives which determine the outcome of a hard case vary depending on the procedural stage and in each procedural stage there is a structural bias towards one or several objectives. Considering that law exists as a response to several social needs, it appears as unattainable to identify a universal and fixed hierarchy of objectives.

scholarly journals LEGAL TRUTH: THE CONFLICT BETWEEN REAL JUSTICE AND LEGAL JUSTICE

2008 ◽  
Author(s):  
Patrick Mayer
Keyword(s):  
Criminal Justice ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Criminal Courts ◽  
Philosophical Discussion ◽  
System A ◽  
Evidence Rules ◽  
South African Constitution ◽  
Law Of Evidence

The following article is a chapter taken from my dissertation, and as such needs to be situated for the reader. The dissertation is a philosophical discussion concerning the divergence between ‘legal truth’ and ‘factual truth’, practically illustrated by critically evaluating the effect that our law of evidence, criminal procedure as entrenched in the Criminal Procedure Act, and the evidentiary exclusion clause entrenched in section 35(5) of the South African Constitution have on the ultimate decision of the court. It argues that often these rules and procedures obscure the truth rather than assist in finding it. The crux of the discussion revolves around decisions of our criminal courts, where accused persons who are factually guilty are acquitted due to the operation of our evidence rules and procedures which call for the exclusion of evidence in specific instances or on technical grounds. The result of this exclusion is that relevant reliable evidence is deemed not to exist for the purposes of the trial, and evidence which might otherwise have lead to the conviction of the accused person is put beyond the reach of the courts. This article then deals specifically with the debate surrounding ‘what is justice?’; it looks at various concepts of justice and seeks to show that within the confines of our positivistic criminal justice system — a marriage between positive and natural law approaches — we might well be able to avoid decisions that are ‘legally correct’ yet offend one, as one cannot really say that justice was served.

1. Introduction

2021 ◽  
pp. 3-34
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Professional Conduct ◽  
Criminal Courts

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

1. Introduction

2020 ◽  
pp. 3-34
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Professional Conduct ◽  
Criminal Courts

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

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