2. Between the crime and the court

2015 ◽  
pp. 18-38
Author(s):  
Julian V. Roberts
Keyword(s):  
Plea Bargaining ◽  
Court Proceedings ◽  
Public Disorder

‘Between the crime and the trial’ discusses the procedures undertaken by the police and prosecution services after a crime has taken place and before court proceedings begin. Out of court disposals can be used for less serious crimes and where the allegations are not contested. Police may issue ‘on the spot’ fines for public disorder or impose conditional cautions. Failure to comply with the conditions will trigger prosecution. After an arrest, the prosecution guides the proceedings. Pre-trial developments include decisions on whether to: charge the defendant; bail them or remand them to custody; negotiate justice through plea bargaining; or offer to reduce the sentence if the accused will plead guilty.

scholarly journals Przyznanie się do winy jako warunek zakończenia sprawy w konsensualnym modelu procesu sądowego

2021 ◽  
Vol 27 (1) ◽  
pp. 173-183
Author(s):  
Marta Pustuła
Keyword(s):  
Criminal Procedure ◽  
Plea Bargaining ◽  
Primary Condition ◽  
Court Proceedings

The aim of the following article is to consider the possibility of accepting the admission of guilt by the defendant as the primary condition for conclusion of the court proceedings in all consensual modes of trial as delineated by the Code of Criminal Procedure. The article contests the validity of the criterion of the seriousness of the act, which has been established by the legislator for the purposes of distinguishing a separate consensual model of court proceedings. At the same time, the article aims to consider whether it would be more reasonable to broaden the possibility of plea bargaining to include all cases, regardless of the seriousness of the act, if the defendant pleads guilty. Moreover, the author considers the prerequisites for sentencing without court proceedings, provided for under Article 335 § 1 of the Code of Criminal Procedure, including the assessment of the defendant’s own account in the context of all evidence collected in the investigation.

Strengthening the Independenceof the Attorneys’ community in Russia: The Demand of the Population and Business, Human capital, and Professional Associations

2015 ◽  
pp. 89-108 ◽  
Author(s):  
A. Kazun
Keyword(s):  
Human Capital ◽  
Nationwide Survey ◽  
Plea Bargaining ◽  
Professional Associations ◽  
Previous Experience ◽  
Legal Services ◽  
Economic Factors ◽  
Dependent Position

The article analyzes social and economic factors that provide Russian attorneys an opportunity to compensate the institutional weakness of their profession, to protect the independency and effectively defend the interests of the clients. As an indicator of dependent position of attorney we use the proportion of cases with plea bargaining. Using the date of representative nationwide survey of 3317 attorneys in Russia we conclude that the independence of attorney is associated with‘resources for confrontation’: previous experience, client’s demand for legal services, communication with colleagues and membership in professional associations.

ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019

2020 ◽  
Vol 6 (1) ◽  
pp. 237-250
Author(s):  
Bernadette M Waluyo
Keyword(s):  
Supreme Court ◽  
Basic Principle ◽  
Civil Law ◽  
The Other ◽  
District Court ◽  
Procedural Law ◽  
Other Hand ◽  
Administration Of Justice ◽  
Law Courts ◽  
Court Proceedings

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level.  This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed.  On the other hand, these changes may violate a number of procedural civil law principles.  The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. 

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