scholarly journals Mandatory nature of criminal proceedings in the republic of Latvia: Current issues and controversies

2019 ◽  
Vol 68 ◽  
pp. 01014
Author(s):  
Sandra Kaija
Keyword(s):  
Criminal Law ◽  
Basic Principle ◽  
Criminal Procedure ◽  
Legal Aspects ◽  
Criminal Proceedings ◽  
Basic Principles ◽  
Criminal Procedure Law ◽  
The Republic

The Criminal Procedure Law (Section 6), as one of the basic principles of the criminal procedure, provides for the mandatory nature of criminal proceedings. It determines that the official who is authorised to perform criminal proceedings has an obligation within his or her competence to initiate criminal proceedings and to lead such proceedings to the fair regulation of criminal legal relations provided for in The Criminal Law in each case where the reason and grounds for initiating criminal proceedings have become known. This research focuses on issues that relate to the legal aspects of the mandatory nature of criminal proceedings, including the competence of the officials in initiating criminal proceedings; the role of the victim; the purpose of this basic principle. This paper examines the problematic aspects of the mandatory principle in criminal procedure in Latvia. In the end, key conclusions are summarized.

scholarly journals Prace nad kodyfikacją prawa karnego procesowego w Polsce w latach 1919–1928

2020 ◽  
Vol 17 (3) ◽  
pp. 37-50
Author(s):  
Józef Koredczuk
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Main Role ◽  
Criminal Proceedings ◽  
State Administration ◽  
Criminal Procedure Law ◽  
The Republic ◽  
Polish Code ◽  
Relationship Of ◽  
The Relationship

In his contribution, the author presents the work on the codification (initially on the Act) of procedural criminal law in Poland in the years 1919–1928. Those works were initially led by the Criminal Department of the Codification Committee, and then by the Criminal Proceedings Section of the Codification Commission. The first period of the work on the criminal procedure law was characterized by some disputes between the members of the Department, i.e. supporters of the classical school (E. Krzymuski) vs. the sociological school (J. Makarewicz), the discussion aiming at defining the relationship of procedural criminal law and substantive criminal law. The work on the draft law was carried out faster after the appointment (on 16 July 1920) of the Criminal Proceedings Section, which in 1924 published the first version of the draft criminal law bill. E. Krzymuski, A. Mogilnicki, Z. Rymowicz and E.S. Rappaport had played the main role in the development of the project. After a very deep criticism in the columns of Gazeta Administracji i Policji Państwowej [The Gazette of State Administration and Police], Ruch Prawniczy, Ekonomiczny i Socjologiczny [The legal, economic and sociological movement] and Palestra [The bar], the project was rejected. Only the second version of the bill prepared in 1925-1926, re-worked by the committee composed of W. Makowski, A. Mogilnicki and S. Śliwiński (appointed by the Minister of Justice), became the basis for the President of the Republic of Poland to adopt the first Polish Code of Criminal Procedure of 19 March 1928.

INITIATION OF THE CASSATION PROCEDURE IN CRIMINAL PROCEEDINGS

2019 ◽  
pp. 188
Author(s):  
Kristīne Laganovska
Keyword(s):  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
The Third ◽  
Criminal Procedure Law ◽  
Rights And Interests ◽  
The Republic

On June 14, 2018, the Constitutional Court delivered the judgment in the case no. 2017-23-01 On Compliance of the Second and the Third Part of Section 573 of the Criminal Procedure Law with the First Sentence of Article 92 of the Constitution of the Republic of Latvia. The Constitutional court held to recognise the second and the third part of Section (573) of the Criminal Procedure Law, insofar it provides that the matter on initiating cassation proceedings in criminal procedure is decided by one judge, without providing reasoning for refusal to initiate cassation proceedings in criminal procedure, as being incompatible with the first sentence of Article 92 of the Constitution of the Republic of Latvia. Subsequently, the Criminal Procedure Law was amended and amendments came into force on October 25, 2018. The amendments provide that in order to decide on an issue regarding the initiation of cassation proceedings, cassation complaint or protest shall be examined by three judges. The composition of the court and the time when the court will be decided on the initiation of the cassation proceedings shall be notified to the person who lodged the complaint or protest, as well as to the person whose rights and interests are violated by the complaint or protest.

scholarly journals A COMPARATIVE LEGAL ANALYSIS OF CRIMINAL PROCEDURE LAWS OF RUSSIA AND THE REPUBLIC OF KAZAKHSTAN AIMED AT THE SEARCH FOR A WAY TO IMPROVE THE INSTITUTION OF SUSPICION

2020 ◽  
Vol 11 ◽  
pp. 68-72
Author(s):  
Olga S. Polikarpova ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Distinctive Features ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Russian Law ◽  
The Republic

The relevance of the article is due to the imperfection of the criminal procedure law of the Russian Federation in terms of the institution of suspicion. The author examines the distinctive features of the provisions of Russian law and the criminal procedure law of the Republic of Kazakhstan relating directly to the institution of suspicion and, in order to minimize permissible for criminal proceedings under Russian law, procedural violations, attention is drawn to the possibility of improving the reporting Institute by reforming criminal procedure law of the Russian Federation as a whole with a focus on the introduced in the criminal procedural legislation of the Republic of Kazakhstan the criminal procedural model.

scholarly journals Protection of Human Rights in the Criminal Procedure Legislation of the Republic Of Uzbekistan and Improved Reforms Taking Into Account Foreign Experience

2021 ◽  
Vol 58 (1) ◽  
pp. 1102-1115
Author(s):  
Botirjon Khayitbayevich Ruzmetov
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Sufficient Evidence ◽  
Criminal Proceedings ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
The Republic ◽  
Theory Of Evidence ◽  
The Right

In this article author had searched the questions devoted the protection of human rights in the criminal procedure legislation of the Republic of Uzbekistan and comparing with the legislation and worldwide experience of the foreign states.The article reveals the ongoing liberalization of the criminal law policy in the Republic of Uzbekistan, which is aimed at expanding human and fair norms, strengthening the protection of the rights, legitimate interests of a person andsociety. Against this background, the significance of investigative actions and the theory of evidence in the country's criminal procedural legislation is being revised. The development of science and technology leads to the improvement of methods of committing crimes using computer technology, taking into account which the timely disclosure and effective investigation of socially dangerous acts requires extensive use of mathematical tools and computer technologies.In this regard, changes are taking place in the investigative practice aimed at increasing knowledge in the field of computer technologies among law enforcement officials and increasing the responsibility of the personal of the investigative and judicial authorities in the implementation of their activities.The author emphasizes that despite significant restrictions on the rights and legitimate interests of a person in the conduct of investigative actions, all of them are necessary for obtaining sufficient evidence to expose the guilt of the offender, in the manner prescribed by law.Compliance by investigators, prosecutors and judges of all criminal procedural requirements established by the legislation of the country is a key requirement for the recognition of evidence as lawful and sufficient for a fair sentence.It should be noted that the article highlights that, since 1994, the Criminal Procedure Code of Uzbekistan enshrines the right to defense by involving a lawyer in the case from the moment a person is detained on suspicion of committing a crime, as well as the principle of equality of arms in criminal proceedings. An addition to the liberalization of legislation is the fact that now the courts are freed from such unusual functions as the execution of court decisions.In addition, the article expands on the author's proposals for improving the legislation of Uzbekistan, as well as expanding the power of lawyers, especially in the conduct of investigative actions, aimed at expanding the process of liberalization of criminal law in the country and improving the situation with the protection of human rights in the investigation of criminal cases.

Institute of bringing as an accused: on the “deprocessualization” and “dematerialization” of its essence and content in the criminal proceedings of Russia

2020 ◽  
Vol 7 (1) ◽  
pp. 98-105
Author(s):  
Nikolay N. Kovtun
Keyword(s):  
Criminal Responsibility ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Optimal Mechanism ◽  
Procedural Law ◽  
Legal Fiction ◽  
Legal Nature ◽  
Criminal Procedure Law

This work critically assesses the legal nature and practice of the institution of bringing as a defendant in criminal proceedings in Russia, particularly in its relation to the substantive legal act of bringing to criminal responsibility. The author argues that, due to the general bureaucratization of the process, both the first and second acts have actually lost their original purpose to be the determining material and procedural guarantee of individual and justice in criminal proceedings. Objectifying as a legal fiction, the act of bringing the accused as an accused in the doctrine of Russian criminal procedure law, done directly in practice, is increasingly characterized as an accusation of duty, initial, intermediate, and final, which respectively form the ideas of duty, intermediate, initial, and investigative-final criminal prosecution. This negates the role of the named defining acts. Hence, the paper suggests an optimal mechanism for their implementation according to the purposes and tasks of substantive and procedural law

scholarly journals On the Forms of Rationality and the Specifics of Implementing the Principle of Procedural Economy in the Criminal Procedure Law of the Republic of Kazakhstan

2019 ◽  
Vol 13 (4) ◽  
pp. 661-670
Author(s):  
Zaure Ayupova ◽  
Daurenbek Кussainov ◽  
Zhanyl Madalieva ◽  
Gulbakhsha Mussabayeva ◽  
Gulnar Rakhimova
Keyword(s):  
Legal System ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Cultural Economic ◽  
Political Pluralism ◽  
Democratic State ◽  
Criminal Procedure Law ◽  
The Republic

The authors present a thorough research of the forms of rationality and the specifics of implementing the principles of procedural economy in the criminal procedure law of the Republic of Kazakhstan. Modern reforms of Kazakhstan’s legal system affected the criminal law sphere as well. The authors have conducted a comprehensive examination and analysis of the principles of procedural economy, effectiveness and rationality of criminal proceedings in the Republic of Kazakhstan. Under the current Criminal Procedure Code of the RK, the initial stage of the criminal process has been considerably transformed: the pre-investigation verification and initiation of a criminal case has been totally removed from it, which has considerably reduced a rather vast list of actions preceding the stage of initiating a criminal case. The dominant function of a democratic state is the protection of the constitutional rights of its citizens. It means that all branches of state power — legislative, executive and judicial — should serve the protection of the rights of a person, while other functions of the state – social, economic, political, environmental protection, public law and order — should comply with it. Different legal phenomena, relations, processes, interconnections and interactions in the legal sphere itself and, partially, outside it compose a special public system — the legal system, which develops relatively independently and functions alongside other public systems — social, spiritual-cultural, economic and state-political ones. The legal system is the condition and, simultaneously, the consequence of building a legal state and a civil society, representative democracy and political pluralism. The process of developing a legal state in the Republic of Kazakhstan is progressing successfully, some experience has been accumulated, and the positive experience of civilized countries that have achieved certain success in this area is implemented. The problem of procedural economy, effectiveness and rationality of criminal proceedings must be considered through the prism of the above-mentioned requirements.

THE PLACE AND THE ROLE OF A PERSON WHO CONCLUDED A PRE-TRIAL AGREEMENT IN THE SYSTEM OF THE PARTIES TO THE CRIMINAL PROCEEDINGS

2021 ◽  
pp. 42-47
Author(s):  
A. V. Orlov ◽  
◽  
K. P. Fedyakin ◽  
Keyword(s):  
Practical Interest ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Cooperation Agreement ◽  
Current Configuration ◽  
The Status ◽  
Criminal Procedure Law ◽  
History Of

The issues of specifying the procedural status of a person who concluded a pre-trial cooperation agreement are currently of research and practical interest. The divergence in settling some procedural aspects (starting with identifying the place and the role of the considered participant in the criminal proceedings and finishing with the feasibility of using the received information in evidence) brings to nothing the possibility of active participation of this person in the criminal case consideration. The authors attempt to analyze the most acute problems of determining the procedural status of the named subject of criminal proceedings to identify possible directions to improve criminal procedure law. To achieve target goals, the authors both analyzed the provisions of current criminal procedure legislation and considered the most interesting suggestions of scientists-processualists and practitioners on the improvement of legislative formulations describing the status of a person concluded a pre-trial cooperation agreement. Apart from this, the authors considered the history of the origin of this subject in the current national criminal procedure, showed the inconsistency of this figure in the current configuration of competitive criminal procedure. The authors propose introducing amendments to the texts of Articles 5, 74 of the RF Code of Criminal Procedure and discuss the necessity of moving Article 56.1 of the RF Code of Criminal Procedure to another chapter of the Code. Otherwise, according to the authors’ opinion, the participation of persons who concluded a pre-trial cooperation agreement in the criminal procedure will still rouse the censure of practitioners and face just criticism of the scientists-processualists.

Basic principles of the prosecutor in criminal proceedings under Criminal Procedure Code of Ukraine

2016 ◽  
Vol 8 (1) ◽  
pp. 111-122 ◽  
Author(s):  
Ihor Rohatiuk
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Basic Principles ◽  
Criminal Process ◽  
Criminal Proceeding ◽  
Procedure Code ◽  
The Times

Principles have always been the cornerstones of criminal proceedings’ legal regulation affecting all participants of criminal process. Taking into account the accelerated pace of current law enforcement reforming it is necessary to mention the prosecution institute and key role of criminal proceedings’ principles presenting scientific background for further empirical findings. The majority of these principles defines the priority growth directions of criminal process as well as creates friendly environment for behavioral aspects of criminal proceeding parties. This article provides comparative analysis of the existing criminal procedural principles of the prosecutor’s role in the criminal proceedings with specification of the legality principle as a requirement for all subjects of the criminal proceedings, including the prosecutor, to use the norms and provisions of legal acts correctly, to comply it consistently and perform accurately, explores the historical origins of these principles and their determinants’ origin starting from the times of Kievan Rus and its unique judicial system and proves that the adversarial principle is closely connected with dispositivity of prosecutor’s participation in criminal proceeding. An emphasis is placed on correlation between the ‘principles’ and ‘foundations’ terms examined by Ukrainian and Soviet scholars and its application in relation to the newly adopted Criminal Procedure Code of Ukraine.

Criminal Procedure Aspects of the International Cooperation of States in the Field of Combating Transnational Organized Crime

2019 ◽  
Vol 10 (3) ◽  
pp. 904
Author(s):  
Saida SEILKHANOVA ◽  
Aigerim SHEGEBAYEVA ◽  
Azina OTARBAYEVA ◽  
Yestay ABILEZOV
Keyword(s):  
International Cooperation ◽  
Organized Crime ◽  
National Policy ◽  
Criminal Procedure ◽  
Legal Framework ◽  
Legal Aspects ◽  
Criminal Proceedings ◽  
Transnational Organized Crime ◽  
Study Results ◽  
The Republic

The research dwells on criminal and legal aspects of international cooperation in the field of combating transnational organized crime. The issues of fighting against transnational organized crime affect all states without exception.Therefore the formation of national legislation in this area should consider the international experience in combating this phenomenon and utilize international legal acts that serve as the basis for creating not only specific norms but also a national policy to counteract transnational organized crime. This article aims at studying different forms of interaction between agencies carrying out criminal procedure activities on an international scale and developing recommendations in order to introduce the most effective methods of such interaction into the procedural practice and legislation of the Republic of Kazakhstan. The authors of the article analyze the international legal framework, regulatory documents and law enforcement practice of a number of states (mainly the US, the EU, etc.). The authors conclude that criminal procedure aspects of the international legal framework for countering transnational organized crime in the context of the legislation of Kazakhstan require further development, improvement and comprehensive research. The study results obtained by the authors can serve as the basis for further scientific discussions and new surveys, as well as be used in the development of educational and practical manuals on the study of international cooperation both in criminal proceedings and in the fight against transnational organized crime.

scholarly journals Personality Record and Its Role in Procedure (Case Study: Article 203 of Criminal Procedure Law)

2017 ◽  
Vol 10 (5) ◽  
pp. 1
Author(s):  
Parastoo Fereydooni ◽  
Ahmad Ramezani
Keyword(s):  
Criminal Justice ◽  
Social Behavior ◽  
Social Studies ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Deviation Rate ◽  
Criminal Procedure Law ◽  
The Stability

Stability of delinquency phenomenon refers to the continuance of an anti-social behavior. The recognition criteria of this phenomenon can be analyzed based on the dominant social frameworks. Analyzing the personality of delinquents and adapting it to specific techniques of delinquency prevention also promoting the compatibility of delinquents with the environment is a process that requires biopsychosocial studies. Personality record consists of the results of psychological, medical, and social studies and experiments regarding the personality of defendants and delinquents. Personality record plays an important role in criminal justice management. The criminal procedure law has been presented in Articles 203 and 286 of the criminal law of Iran. Personality record is one of the achievements of clinical criminology. Criminal criminology analyzes the corrigibility of delinquents using other related sciences. It also identifies the deviation rate and possible dangers of dangerous individuals. Then it becomes possible to take measures to treat the particular disorders of delinquents. Considering these matters, the recent research aims at answering the question regarding the effect of young individuals’ personality on the stability of delinquency. The main objective of this research is analyzing the role of personality record and techniques of preventing stability of delinquency among young individuals. The results of the recent research indicate that criminal procedure law has emphasized on the role of personality record in identifying penalties. However, according to the criminal procedure law, the process of analyzing the personality of delinquents has been limited to preliminary investigations.

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