Criminal Law in South Africa, with Five Lectures on Criminal Procedure. Second (enlarged) Edition. By William Pittman, M.A. (Oxon), B.A. (South Africa), Judge-President, Eastern Districts Local Division, Supreme Court of South Africa, from 1918 to 1925, Dean of the Faculty of Law in the University of South Africa. Grahamstown: Grocott & Sherry (Publishers). 1945. xvi and 226 pp. (20s.)

Indonesian Criminal Law is currently a legacy from the Dutch East Indies Government which has been adapted and passed by Law No. 16 of 1946 to be implemented nationally. The purpose of this research is to describe the regulation of theft of minor crimes in the Criminal Code before the Supreme Court Regulation Number 2 of 2012 and to describe the juridical consequences of Supreme Court Regulation No.2 of 2012 on theft as a minor criminal act in the Criminal Code. This research uses normative legal research methods. The results show that according to Article 206 of the Criminal Procedure Code, procedures for granting authority to investigate and review cases are carried out by the investigator himself and should not be disturbed by the prosecutor. This Perpres adjusts articles 364, 373, 379, 384, 407 and article 482 of the Criminal Code to Rp. 2,500,000.00. Therefore, fulfill this element of the requirement and enter a case where the value of the commodity does not exceed Rp. 2,500,000.00. Therefore, the case is examined by expedited procedure, which is tried by a judge, and the assignment and review of the case is carried out by the investigator himself without the interference of the prosecutor.

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The Penal Codes of Northern Nigeria and the Sudan. Law in Africa series, number 8. By Alan Gledhill, m.a., ll.d., of Gray's Inn, Barrister-at-Law; formerly a Judge of the High Court at Rangoon; Professor Emeritus of Oriental Laws in the University of London. [London: Sweet & Maxwell, Ltd.; Lagos: African Universities Press. 1963. lii, 778 and (index) 42 pp. £7 7s. net.] - Introduction to the Criminal Law of Nigeria (excluding the Northern Region). Law in Africa series, number 3. By R. Y. Hedges, ll.d., formerly Chief Justice of Western Nigeria; sometime Professor of Law in the University of Queensland. [London: Sweet & Maxwell, Ltd. 1962. xiii, 158 and (appendix and index) 174 pp. £1 18s. 6d. net.] - The Criminal Procedure Code of Northern Nigeria. Law in Africa series, number 7. By S. S. Richardson, o.b.e., m.a., of Lincoln's Inn, Barrister-at-Law; Director of the Institute of Administration, Ahmadu Bello University, Zaria; lately Commissioner for Native Courts, Northern Nigeria; and T. H. Williams, m.a., of the Middle Temple, Barrister-at-Law; Chief Registrar of the High Court of Northern Nigeria. [London: Sweet & Maxwell, Ltd.; Lagos: African Universities Press. 1963. xx, 268 and (appendices and index) 223 pp. £3 17s. 6d. net, cloth; £l 2s. 6d. net, paper.]

The Cambridge Law Journal ◽

10.1017/s0008197300114217 ◽

1965 ◽

Vol 23 (1) ◽

pp. 153-155

Author(s):

C. C. Turpin

Keyword(s):

Criminal Law ◽

Criminal Procedure ◽

Northern Region ◽

Professor Emeritus ◽

Northern Nigeria ◽

High Court ◽

Procedure Code ◽

Chief Justice ◽

Penal Codes ◽

The University

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Editorial

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2007/v10i1a2796 ◽

2017 ◽

Vol 10 (1) ◽

pp. 1

Author(s):

Francois Venter

Keyword(s):

South Africa ◽

Public Schools ◽

Supreme Court ◽

Medium Of Instruction ◽

Sensitive Issue ◽

The Supreme Court ◽

The University ◽

Court Of Appeal

This first issue of 2007 covers a refreshing spectrum of legal disciplines ranging from cultural and linguistic issues, to the onus of proof in delict, the censorship debate and research methodology.Professor Elmene Bray of the University of South Africa analyses the complexities of the recent judgment of the Supreme Court of Appeal in a case involving the sensitive issue of the medium of instruction in public schools in South Africa.

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O "Sistema Acusatório" do Processo Penal Brasileiro: Apontamentos Acerca do Conteúdo da Acusatoriedade a partir de Decisões do Supremo Tribunal Federal / The "Accusatorial System"of Brazilian Criminal Procedure: Notes on the Concept of Accusatorialism from the Federal Supreme Court's Decisions

Revista Direito Estado e Sociedade ◽

10.17808/des.47.604 ◽

2016 ◽

Author(s):

Vinicius Gomes De Vasconcellos

Keyword(s):

Supreme Court ◽

Criminal Law ◽

Criminal Procedure ◽

Theoretical Background ◽

Core Point ◽

The Core ◽

Federal Supreme

Resumo: Este artigo pretende desenvolver uma análise do posicionamento adotado pelo Supremo Tribunal Federal brasileiro em relação ao conceito de “sistema acusatório” no processo penal. Para tanto, empreender-se-á estudo das decisões acerca da temática proferidas pelo referido órgão nos anos de 2010 a 2014. Em seguida, após breve excurso histórico, serão expostos os contornos principais da discussão doutrinária pátria sobre os sistemas processuais, ressaltando o ponto cerne das divergências: a possibilidade de produção de provas por iniciativa do julgador. Assim, a partir de tal arcabouço teórico, serão apontadas questões que carecem de aprofundamento e elucidação pela jurisprudência do tribunal máximo brasileiro.Palavras-chave: Processo Penal; sistema acusatório; Supremo Tribunal Federal.Abstract: This paper aims to develop an analysis of the Brazilian Supreme Court’s position related to the concept of “accusatorial system” in criminal law. In this sense, it will study the decisions of the court involving the topic in the years of 2010 to 2014. Then, after a brief historical excursion, the main lines of the Brazilian doctrinal discussion about procedural systems will be presented, highlighting the core point of disagreement: the possibility of producing evidence by the judge’s initiative. Thus, from such theoretical background, this paper will identify issues that claim a deep and clarified review from the Brazilian Supreme Court’s decisions.Keywords: Criminal Procedure; Accusatorial system; Brazilian Supreme Court.

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German Experience of Terminating Criminal Prosecution with the Imposition of Duties and Regulations on the Accused in the Context of the Russian Draft Law on Criminal Offence

Всероссийский криминологический журнал ◽

10.17150/2500-4255.2021.15(6).775-785 ◽

2021 ◽

Vol 15 (6) ◽

pp. 775-785

Author(s):

Aleksey Tarbagaev ◽

Ludmila Maiorova ◽

Yana Ploshkina

Keyword(s):

Supreme Court ◽

Criminal Law ◽

Criminal Procedure ◽

Criminal Prosecution ◽

Constitutional Court ◽

Presumption Of Innocence ◽

Federal Republic Of Germany ◽

Criminal Offence ◽

Theoretical Approaches ◽

The Supreme Court

The second attempt of the Supreme Court of the Russian Federation to introduce the concept of a criminal offence into Russian criminal and criminal procedure legislation widens the non-rehabilitating grounds for the termination of a criminal case or prosecution with the imposition of other criminal law measures: it is suggested that, in addition to a court fine, community work and partially paid work should also be introduced. This leads to certain problems, including problems with the presumption of innocence and the observance of the principle of justice. The authors turn to the German experience for a better understanding of the situation. Germany faced similar problems much earlier, when § 153а was introduced in the Criminal Procedure Code of the Federal Republic of Germany (CPC of the FRG); it provided for an opportunity to terminate criminal prosecution for criminal offences on the grounds of expediency with the imposition of duties and regulations on the accused, which are akin to criminal law measures under draft law № 1112019-7. Taking into consideration the theoretical approaches developed in Germany, the practice of the Constitutional Court of the FRG and the Supreme Court of the FRG, the authors examine the goals of introducing § 153а in the CPC of the FRG, the practice of its implementation, as well as the problem of terminating criminal prosecution on the grounds of expediency with the imposition of duties and regulations on the accused connected with the observance of the Constitution of the FRG, the presumption of innocence, the principles of justice, certainty, equality before law; they analyze the controversial legal nature of duties and regulations under § 153а in the CPC of the FRG. According to German criminal procedure law, the termination of criminal prosecution on the grounds of expediency with the imposition of duties and regulations on the accused is a right, and not a duty of the corresponding officers and agencies as it is, in fact, an alternative to criminal prosecution which makes it possible to terminate it at a certain stage when there are all the necessary legal grounds for criminal prosecution.

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