Settling Criminal Cases Without a Trial

1997 ◽  
Vol 31 (1-3) ◽  
pp. 223-244
Author(s):  
Bert Swart
Keyword(s):  
European Convention ◽  
Public Prosecutor ◽  
Political Rights ◽  
Criminal Cases ◽  
The Public ◽  
Criminal Sanctions ◽  
Criminal Charge ◽  
A Charge ◽  
Almost All

According to Article 13 of the International Covenant on Civil and Political Rights and Article 6 of the European Convention on Human Rights everyone is entitled to a fair and public hearing by an independent and impartial tribunal in the determination of any criminal charge against him. The essence of both provisions could be rephrased by saying that criminal sanctions may only be imposed on a person by an independent and impartial tribunal and only if that person has been able to defend himself against a charge during a hearing that satisfies all requirements of a fair trial.Realities, of course, are rather different. In almost all national systems of justice there is an increasing tendency to develop procedures that allow for imposing sanctions without the necessity of a criminal trial. Their main purpose is usually to relieve the system of a burden of cases with which it cannot really cope. Basically, there are two strategies to reduce the workload of courts and public prosecutors. The first is to invite the suspect to waive his right to trial in exchange for certain favours. This usually occurs in the form of an agreement between the public prosecutor and the suspect, while quite often the cooperation of the court that would have tried the case is also required. The second solution is to grant sanctioning powers to administrative bodies and to allow individual persons an appeal against their decisions to an independent and impartial tribunal.

scholarly journals Tactics of presenting evidence by a prosecutor in a judicial investigation

2020 ◽  
Vol 6 (3) ◽  
pp. 179-185
Author(s):  
Elena V. Pavlova
Keyword(s):  
Criminal Procedure ◽  
Public Prosecutor ◽  
Criminal Cases ◽  
Considerable Difficulty ◽  
The Public ◽  
Complete Independence ◽  
Judicial Investigation ◽  
Criminal Procedure Law ◽  
Definition Of ◽  
A Charge

The article deals with individual issues of the tactics of participation of the prosecutor the public prosecutor in the basis of the part of the judicial investigation in criminal cases, which is connected with the presentation of evidence of the prosecution. It is noted that at present in the matter of determining the order of examining evidence by the parties, a unified position has been formed of both theorists and practitioners. They recognize the complete independence of the parties to determine this procedure in accordance with the tactics chosen by them. At the same time, the author draws attention to the fact that theoretical and methodical works still do not pay enough attention to the content and essence of this activity of the prosecutor in court, despite their obvious importance. His activity in the judicial investigation largely depends on the importance of tactical methods of presenting evidence and the ability to apply them. If he does not have the appropriate professional baggage, he will have considerable difficulty in the adversary process. The author sets out his own position regarding the content of evidence presented by the prosecutor the public prosecutor, proposes to include a definition of the relevant concept in the terminological apparatus of science of criminal procedure law and to fix it in the criminal procedure law. A derivative of it is the definition of the notion of tactics for the presentation of evidence by the prosecutor the public prosecutor. Conclusions are formulated on the need to intensify the development of up-to-date recommendations on the tactics of presenting evidence of a charge in a judicial investigation in criminal cases on crimes certain types

scholarly journals Brak obowiązku stawiennictwa oskarżyciela publicznego na rozprawie w kontekście podstawowych zasad procesu karnego

2021 ◽  
Vol 28 (2) ◽  
pp. 125-136
Author(s):  
Aleksandra Limańska
Keyword(s):  
Human Rights ◽  
International Law ◽  
European Convention ◽  
Public Prosecutor ◽  
Political Rights ◽  
Basic Principles ◽  
Efficient Operation ◽  
Legal Proceedings ◽  
The Public ◽  
Civil And Political Rights

The principle of legalism places upon the public prosecutor the obligation o pressing charges to a court of law and then to support this claim in the course of the lawsuit. It seems obvious that in order to execute this duty in an appropriate manner, the public prosecutor should attend the trial and actively participate in it. However, in regulation Art. 46 §2 k.p.k., which was introduced by way of an amendment issued on 11 March 2016, the legislator stipulated a regulation which permits the public prosecutor not to appear during the trial, if the preliminary legal proceedings concluded in the form of investigation. Obviously, the task of this regulation is to accelerate the proceedings in cases of lesser calibre, which are cases in which an investigation is conducted. However, it is necessary to consider the aforementioned regulation in the context of the basic principles of a criminal lawsuit and the analysis of the consequences of such regulations. Therefore, in the first instance one made reference to the most important regulations contained in the basis acts of international law, i.e. the European Convention of Human Rights and the International Covenant on Civil and Political Rights which emphasise above all the significance of independence and impartiality, as well as the principle of a quick and efficient operation of the procedure. It was also necessary to refer the substantive regulation to the principle of the contradictoriness of the criminal lawsuit, which stipulates inter alia the separation of lawsuit-related roles and the passivity of the court in reference to the initiative of the parties who argue their cases.

scholarly journals Optimizing The Role of Immigration Civil Servant Investigator in Treating Criminal Actions of People Smuggling

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto
Keyword(s):  
Law Enforcement ◽  
Civil Servant ◽  
Immigration Law ◽  
Public Prosecutor ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Criminal Sanctions ◽  
Case Files ◽  
National Police

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law

9. Article 6: The right to a fair trial

2018 ◽  
Author(s):  
David Harris ◽  
Michael O’Boyle ◽  
Ed Bates ◽  
Carla Buckley
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
Public Hearing ◽  
Legal Assistance ◽  
Criminal Cases ◽  
Reasonable Time ◽  
Criminal Charge ◽  
The Right

This chapter discusses Article 6 of the European Convention on Human Rights, which guarantees the right to a fair trial in both criminal and non-criminal cases. In all cases, it guarantees the right to a fair and public hearing trial within a reasonable time by an independent and impartial tribunal established by law. There are particular guarantees for persons subject to a criminal charge, including the right to be presumed innocent, to be informed of the charge, to adequate time and facilities to prepare the accused’s defence, to legal assistance, to examine and cross-examine witnesses, and to an interpreter.

Indigent’s Right to State Funded Legal Aid in Ethiopia

2013 ◽  
Vol 2 (1) ◽  
pp. 120-150 ◽  
Author(s):  
Hussein Ahmed Tura
Keyword(s):  
Justice System ◽  
Democratic Republic ◽  
Legal Aid ◽  
Criminal Cases ◽  
Public Defenders ◽  
The Public ◽  
Legal Advice ◽  
Overall Justice ◽  
Human Rights Treaties ◽  
Almost All

This article examines the extent to which state-funded legal aid in criminal cases is recognized and implemented in Ethiopia. The Federal Democratic Republic of Ethiopia (FDRE) Constitution and human rights treaties to which Ethiopia is a party recognize an indigent’s right to defense counsel at state expense where the interests of justice so require. However, on the basis of available data collected from the courts, the police stations and prisons, this article finds that the implementing institutions, such as the Office of Public Defenders, are not operating effectively and moreover the public generally lacks legal awareness. These impediments have in turn contributed to a number of indigent accused being tried and convicted without the benefit of legal advice and representation at different stages of proceedings. It has also been found that almost all unrepresented accused have committed serious errors in said proceedings. In addition, lack of legal aid affects the overall justice system since the indigent cannot defend themselves against trained prosecutors armed with state power. In this article it is argued that in order for Ethiopia to implement an indigent’s right to state-funded legal aid, an independent legal aid agency must be established, which should be responsible for the administration of legal aid.

scholarly journals PENGUATAN KEWENANGAN PENUNTUT UMUM MELALUI PENGESAMPINGAN PERKARA PIDANA DENGAN ALASAN TERTENTU

LITIGASI ◽  
2020 ◽  
pp. 291-313
Author(s):  
RUDI PRADISETIA SUDIRDJA
Keyword(s):  
Due Process ◽  
Attorney General ◽  
Criminal Policy ◽  
Health Condition ◽  
Public Prosecutor ◽  
Criminal Cases ◽  
Judicial Process ◽  
The Public ◽  
Due Process Of Law ◽  
Justice Process

The implementation of the principle of opportunity is realized through the authority to overrule criminal cases. In Indonesia, this authority only becomes the authority of the Attorney General, and is limited to reasons of public interest. The public prosecutor is not equipped with the authority to set aside the case for certain reasons, such as the quality of crime is low, the suspect is too old / young, the health condition of the suspect, payment of compensation, and so forth. This article intends to question the practice of law enforcement that occurs due to the limited authority given by the law to public prosecutors and the prospect of regulating the authority of public prosecutors in setting aside criminal cases for certain reasons. Limited authority creates a judicial process that is not in line with the principleof due process of law. Small cases remain tried in court. In addition, the limited authority, raises the paradigm that the current criminal policy tends to prioritize the means of punishment to tackle crime. As a result, the occurrence is overcrowded in correctional institutions. Ius Constituendum has accommodated the authority to set aside cases for certain reasons. The regulation is expected to bring changes to create a criminal justice process in accordance with the principle of due process of law. Public prosecutors are expected to be more tolerant in determining attitudes, to prosecute or not sue someone based on human values and justice. The regulation is intended so that the public prosecutor can really be the controller of handling criminal cases as mandated by the universal principle of dominus litis

scholarly journals Tinjauan Yuridis terhadap Pelaku Tindak Pidana Pembunuhan Bayi (Studi Kasus Putusan Nomor 1123/Pid.Sus/2018/Pn Dps)

2021 ◽  
Vol 2 (3) ◽  
pp. 616-621
Author(s):  
Desak Ketut Parwati ◽  
I Wayan Rideng ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Child Protection ◽  
Legal Protection ◽  
Public Prosecutor ◽  
Conceptual Approach ◽  
Legal Subject ◽  
The Public ◽  
Criminal Sanctions ◽  
Witness Statements ◽  
Materials Used ◽  
Research Type

Protection for babies has started since in the womb. In accordance with article 2 Burgerlijk Wetboek that a child who is still in his mother's womb is considered a legal subject as long as the interests of the child are desired. However, nowadays cases of infanticide often occur, so in this case legal protection is needed. The purpose of this research is to analyze the regulation of criminal sanctions for the perpetrators of the crime of infanticide and the judge's consideration of the perpetrators of the crime of infanticide. The type of research used in this paper is a normative law research type with a statutory and conceptual approach. The sources of legal materials used are primary and secondary legal materials. After the data is collected, then the data is analyzed systematically. The results of the research reveal that the setting of sanctions for perpetrators of the crime of infanticide is as regulated in Law Number 35 of 2014 concerning Child Protection. The judge's considerations in making a decision against the perpetrators of the crime of infanticide which resulted in death, include; witness statements that have been submitted by the public prosecutor before the trial, based on the testimony of the defendant at the trial and based on the elements of the crime charged by the public prosecutor in the single indictment have been fulfilled.

scholarly journals Pertimbangan Hukum Hakim Terhadap Pengeroyokan Tukang Parkir oleh Pengemudi Ojek Online

PLENO JURE ◽  
2020 ◽  
Vol 9 (2) ◽  
pp. 107-118
Author(s):  
Adiyatma Putra ◽  
Made Warka ◽  
Budiarsih Budiarsih
Keyword(s):  
Rule Of Law ◽  
Applied Research ◽  
Secondary Data ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Data Types ◽  
Criminal Cases ◽  
Violent Crimes ◽  
The Public ◽  
Case Number

Penelitian ini bertujuan untuk mengetahui regulasi kasus pidana kekerasan dalam Pidana Hukum di Indonesia dan menentukan pertimbangan hukum hakim dalam memutuskan nomor kasus 963/Pd/hon/PN.Mks. Ini penelitian adalah norma hukum, teknis, dan terapan penelitian. Penelitian ini juga menggunakan aturan hukum dan kasus pendekatan. Tipe data primer dan sekunder dulu memperoleh data penelitian. Hasilnya menemukan bahwa Regulasi kejahatan dengan kekerasan tercantum dalam Pidana Kode dan aturan hukum lainnya. Posisi Damai Surat dalam kasus kejahatan kekerasan sebagaimana diatur dalam pasal 170 ayat (2) KUHP dalam hal nomor 963/Pd/hon/PN.Mks bisa dikatakan sudah telah valid karena disepakati oleh kedua belah pihak. Namun, surat perdamaian seharusnya menulis persyaratan yang harus dipenuhi oleh terdakwa tersebut sebagai berikut: mengobati penyakit dan mengganti kehilangan barang dirusak oleh perilaku terdakwa. Dasar pertimbangan hakim dalam menjatuhkan sanksi terhadap kejahatan kekerasan sebagaimana diatur dalam pasal 170 ayat (2) KUHP dalam nomor kasus 963/Pid.B/ 2019 / PN.Mks. dalam hal ini, jaksa penuntut menggunakan dakwaan alternatif yaitu publik jaksa penuntut yang mendakwakan dakwaan itu, yaitu surat dakwaan Pasal 170 ayat (2) 1. Abstract. This study aims to determine the regulation of criminal cases of violence in criminal law in Indonesia and determine the legal considerations of judges in deciding case number 963 / Pd / hon / PN.Mks. This research is a legal, technical, and applied research norm. This study also uses a rule of law and case approach. Primary and secondary data types first get research data. The results found that the Violent Crimes Regulation was contained in the Criminal Code and other legal regulations. The peaceful position of the letter in cases of violent crimes as stipulated in article 170 paragraph (2) of the Criminal Code in terms of number 963 / Pd / hon / PN.Mks can be said to have been valid because it was agreed by both parties. However, the peace letter should write down the following requirements that the defendant must fulfil: treat illness and replace lost items damaged by the defendant's behaviour. The basis for the judge's consideration in imposing sanctions on violent crimes as stipulated in article 170 paragraph (2) of the Criminal Code in case number 963 / Pid.B / 2019 / PN.Mks. In this case, the prosecutor uses an alternative indictment, namely the public prosecutor who charges the indictment, namely the indictment of Article 170 paragraph (2) 1.

Integrating Semi-Open Data in a Criminal Judicial Setting

2017 ◽  
pp. 137-156 ◽  
Author(s):  
Mortaza S. Bargh ◽  
Sunil Choenni ◽  
Ronald F. Meijer
Keyword(s):  
Data Integration ◽  
Open Data ◽  
Management Systems ◽  
Public Prosecutor ◽  
Data Sets ◽  
New Paradigm ◽  
Criminal Cases ◽  
Raw Data ◽  
The Public ◽  
Data Requirements

Judiciary systems comprise various partner organizations (e.g., police, public prosecutor, courts, and rehabilitation centres) that collaboratively resolve criminal cases. These partner organizations have their own data administration and management systems, which are setup/operated separately and integrated barely. This chapter explains the approach of the authors' organization for integrating the data sets of the Dutch judiciary systems, and for opening the data integration outcomes to the public and/or to specific groups. These outcomes (e.g., data sets and reports) are meant to provide useful insights into (the performances of) the partner organizations individually and collectively. Such data opening efforts do not comply with all Open Data requirements, mainly due to the quality, (privacy) sensitivity and interoperability issues of the raw data. Nevertheless, since these initiatives aim at delivering some benefits of Open Data, the chapter introduces the new paradigm of Semi-Open Data for acknowledging such data opening initiatives.

Human Rights and the UK Competition Act

2021 ◽  
pp. 231-254
Author(s):  
Arianna Andreangeli
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Criminal Cases ◽  
Public Enforcement ◽  
The Public ◽  
Competition Rules ◽  
The Uk ◽  
Human Rights Standards ◽  
Competition Enforcement

In Chapter 9, Arianna Andreangeli discusses the approach adopted in the UK towards questions of human rights compliance in UK competition enforcement processes. It examines the nature of competition proceedings in light of Article 6 of the European Convention on Human Rights and the implications that that issue has for the fairness standards applicable to those proceedings. It is argued that while the recognition that competition cases may have a ‘criminal nature’ does not justify the wholesale extension of all the safeguards that the Convention reserves to criminal cases, it nonetheless means that investigated parties are entitled to some basic protections that Article 6 ECHR enshrines. The chapter explores the Competition Appeal Tribunal’s powers of review of infringement decisions and suggests that at the root of the conferral of a power of scrutiny ‘on the merits’ is the need to ensure that the public enforcement competition proceedings are ‘human-rights proofed’. It concludes that, while demands of effectiveness in the application of the UK competition rules cannot be overlooked, maintaining the CAT’s rigorous review role for competition decisions is indispensable for compliance with human rights standards and for the integrity and reputation of the UK competition framework.

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