4. The course of the trial

Evidence ◽  
2019 ◽  
pp. 140-200
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
Trial Judge ◽  
The Core ◽  
The Subject ◽  
The Right

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the trial judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; witness support; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases. Many of the rules apply to civil and criminal proceedings alike. However, as elsewhere in this book, the accent will be on rules of criminal evidence.

4. The course of the trial

Evidence ◽  
2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Cases ◽  
The Core ◽  
The Subject ◽  
The Right

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases.

scholarly journals right to receive legal assistance in criminal proceedings in Russia and in foreign countries

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Elena A. Kupryashina ◽  
Dmitry V. Boev ◽  
Anna A. Gileva ◽  
Anzhelika I. Lyakhova ◽  
Sergey F. Shumilin
Keyword(s):  
Integrated Approach ◽  
Legal Assistance ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Methods ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
The Right ◽  
To Receive

The paper analyses the legislation of the Russian Federation and some foreign countries on the right of citizens to provide them with legal assistance in criminal cases, as well as the problems arising in its implementation. The paper also summarizes the experience of the studied countries in order to improve their legislation in this area of criminal justice. Methodologically, the work uses scientific methods of analysis and synthesis, as well as historical and comparative methods; all are given in an integrated approach. Among the conclusions, we underline the fact that some countries are introducing norms and tendencies from international law into their legal systems; the basic international principles of lawyer's activities, including principles for defenders, are fixed in the basic principles on the role of lawyers, which describe the right to receive free legal aid for those who are the poor; also that citizens have the right to choose a representative of their interests in the judiciary and have the opportunity to contact with their defenders at any time.

scholarly journals On legal succession in reconciliation of criminal cases of private prosecution

2021 ◽  
pp. 33-42
Author(s):  
Aminat Alkhazovna Batchaeva
Keyword(s):  
General Rule ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Effective Implementation ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation ◽  
The Right

The subject of this research is the criminal prosecution of cases established by the Part 2 of the Article 20 of the Criminal Procedure Code of the Russian Federation, which is carried out in private capacity and significantly modifies the rights and responsibilities of the parties to criminal proceedings. Pursuant to the general rule, the state authorities and officials do not carry out private prosecution cases. In view of this, close attention is given the procedural activity of private prosecutor, who is vested the right in application of measures of state coercion, but entrusted with responsibility on formulating, proving, and pressing charges in court. Retrospective analysis of the Russian criminal procedure legislation reveals that modern legislation has no legal succession of the centuries-long experience of classifying a range of offences as cases of private prosecution. The author believes that the list of cases of private prosecution can be extended by taking into account the provisions of the Criminal Law and Practice Statute 1864, Regulations of Punishments Imposed by Justices of the Peace, which enables reconciliation of the parties and entails unconditional termination of proceedings in certain categories of minor offences. This would ensure the effective implementation of criminal proceedings, restoration of social and legal justice, and accessibility of justice to general public.

On the Role of the Prosecutor in Initiating a Criminal Case and Initiating Criminal Prosecution

Lex Russica ◽  
2021 ◽  
pp. 85-94
Author(s):  
Т. Yu. Vilkova
Keyword(s):  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Public Prosecution ◽  
The Subject ◽  
The Russian Federation ◽  
The Right ◽  
Special Competence ◽  
State Body

The paper shows that the consolidation of the functions of the prosecutor’s office of the Russian Federation at the constitutional level leads to the need to return to the question of the effectiveness and sufficiency of the prosecutor’s powers to independently initiate a criminal case, initiate criminal prosecution, and bring charges. The modern models of granting various subjects the authority to initiate and carry out criminal prosecution, to bring charges in criminal procedural comparative studies are identified and analyzed. They are: 1) a system of public prosecution, or a monocratic model, in which criminal prosecution is initiated exclusively by the decision of state bodies with appropriate special competence, primarily the prosecutor’s office (prosecutor’s monopoly); 2) an ex officio prosecution system, or a polycratic model, when the subject of criminal prosecution is any of the state bodies authorized to conduct proceedings in a case, there is no monopoly of one state body or official to initiate criminal prosecution; 3) a private prosecution system, when the subject of criminal prosecution is either the victim or his legal successors; 4) a “people’s” system charges, in which any private person has the right to initiate criminal prosecution, regardless of whether he is a victim or not. The conclusion is substantiated that Russia belongs to the states in which the polycratic ex officio model is combined with private prosecution in certain categories of cases, while, unlike most other states, the prosecutor is not among the officials authorized to initiate criminal proceedings and/or criminal prosecution. It is shown that the lack of powers of the prosecutor in pre-trial proceedings hinders the achievement of the purpose of criminal proceedings. It is concluded that it is necessary to return to the prosecutor the authority to initiate a criminal case independently.

scholarly journals Problematic Issues of Adversarial Construction of Judicial Proceedings at the Stage of Execution of the Sentence

2020 ◽  
Vol 15 (9) ◽  
pp. 93-103
Author(s):  
S. V. Burmagin
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
Specific Subject ◽  
Judicial Proceedings ◽  
The Subject

An adversarial nature of any trial, characteristic of justice and corresponding to its nature, is manifested in criminal proceedings not only in criminal cases, but also in cases addressing issues related to the execution of the sentence. The paper examines the peculiarities of the adversarial construction of judicial proceedings at the stage of execution of the sentence pre-conditioned by the tasks and the specific subject of judicial proceedings in a particular category of cases. The author elucidates the specifics of the conflict relationship, the essence of the legal dispute and the subject composition of procedural parties in cases where issues related to the execution of punishment are resolved. Also, the author analyzes the problems of ensuring equality of the parties and the undefined role of the prosecutor at the execution stage, suggests ways to address them at the legislative level. Finally, it is concluded that there is a need to improve the procedural form of dealing with issues related to the execution of sentences in accordance with the principles of adversarial proceedings and equality and taking into account the peculiarities of their manifestations in judicial proceedings arising during the execution of the sentence.

scholarly journals Jurisprudence of the European court of human rights in the choice of precautionary measures in criminal proceedings: legal realities and perspectives

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 443-458
Author(s):  
Svitlana Romantsova ◽  
Igor Zinkovskyy ◽  
Ruslan Komisarchuk ◽  
Olha Balatska ◽  
Lesia Strelbitska
Keyword(s):  
Human Rights ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Method ◽  
European Court ◽  
The Subject ◽  
Precautionary Measures ◽  
The Right ◽  
Method Analysis ◽  
Selection Of

The article deals with the problems of application of the decisions of the European Court of Human Rights (ECHR) in the selection of precautionary measures in criminal cases in accordance with Ukrainian law. Since the procedural legislation of Ukraine is currently not perfect in the framework of the establishment and regulation of the application of precautionary measures, the decisions of the ECHR serve as an indispensable regulator of this issue. The objective of the work is to study the peculiarities of the application of the jurisprudence of the European Court of Human Rights in the selection of precautionary measures in criminal proceedings. The subject of the investigation is the jurisprudence of the ECHR in the context of the choice of precautionary measures in the criminal process. The research methodology included and combined the dialectical method, logical and legal method, analysis, synthesis. By way of conclusion, the study shows that the practice of the ECHR is mandatory to take into account not only the courts but also the investigators and prosecutors, who legally have the right to request the court to apply such precautionary measures.

scholarly journals The specialist’s report as a prerequisite for proving infringement of intellectual property rights in criminal cases

2020 ◽  
pp. 318-323
Author(s):  
Yevhenii Kompanets
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Status ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Subject ◽  
The Right ◽  
Use Of Knowledge

The article is devoted to the study of use of the specialist’s knowledge and the results of his participation in criminal proceedings(providing a report) as a means of proving the crimes towards intellectual property rights. The purpose of involvement of the specialistand tasks handled by the specialist during pre-trial investigation and trial have been considered. The legal status of the specialist hasbeen analyzed, vagueness and incompleteness of the specialist’s rights have been emphasized, absence of the mechanism of involvement of the specialist and the procedure of formalizing the results of his/her participation in criminal proceedings has been stated. Ithas been proved why in the majority of cases the specialist of the right holder/official manufacturer serves as the subject of applyingspecial knowledge in the crimes related to infringement of intellectual property rights.The practice of use of the specialist’s knowledge (providing a report) in the course of pre-trial investigation, trial and evaluationof the specialist’s report by the courts, including ECtHR has been provided. Decision of ECtHR stresses the importance of recognitionand evaluation of the specialist’s report as evidence, it is of universal significance for all parties to the criminal proceedings and it willstrengthen their positions. The possibility of use of knowledge of the specialist (right holder/official manufacturer) not only in thecourse of investigative actions has been substantiated.Amendments to the CPC of Ukraine are proposed, which are aimed at simplifying proving and increasing the efficiency of pretrialinvestigation body in crimes of this category, namely to elaborate and expand the rights/the list of actions of the specialist (examinationof items/documents), to determine the mechanism of involving the specialist, to include the specialist’s report in the list of documents,which serve as written evidence.

Contemporary Machiavellian theses "The strategy of the role of the absurd state as a model"

2020 ◽  
pp. 3
Author(s):  
Ali Hussein Hameed ◽  
Saif Hayder AL.Husainy
Keyword(s):  
International Relations ◽  
Decision Maker ◽  
Turning Point ◽  
Information Revolution ◽  
Main Hypothesis ◽  
The Subject ◽  
Area Of Influence ◽  
The Right ◽  
Modern Technologies

In the anarchism that governs the nature and patterns of international relations characterized by instability and uncertainty in light of several changes, as well as the information revolution and the resulting developments and qualitative breakthroughs in the field of scientific and advanced technological knowledge and modern technologies.  All of these variables pushed toward the information flow and flow tremendously, so rationality became an indispensable matter for the decision maker as he faces these developments and changes. There must be awareness and rationality in any activity or behavior because it includes choosing the best alternative and making the right decision and selecting the information accurately and mental processing Through a mental system based on objectivity, methodology, and accumulated experience away from idealism and imagination, where irrationality and anarchy are a reflection of the fragility of the decision-maker, his lack of awareness of the subject matter, his irresponsibility, and recklessness that inevitably leads to failure by wasting time and Effort and potential. The topic acquires its importance from a search in the strategies of the frivolous state and its characteristics with the ability to influence the regional, and what it revealed is a turning point in how to adapt from the variables and employ them to their advantage and try to prove their existence. Thus, the problem comes in the form of a question about the possibility of the frivolous state in light of the context of various regional and international events and trends. The answer to this question stems from the main hypothesis that (the aim which the frustrating state seeks to prove is that it finds itself compelled to choose several strategies that start from the nature of its characteristics and the goals that aim at it, which are centered in the circle of its interests in the field of its struggle for the sake of its survival and area of influence).

The Fox Diet

2018 ◽  
Author(s):  
Yochai Benkler ◽  
Robert Faris ◽  
Hal Roberts
Keyword(s):  
First Year ◽  
Right Wing ◽  
Justice Department ◽  
Fox News ◽  
The Core ◽  
Deep State ◽  
Media Ecosystem ◽  
Conservative Media ◽  
The Right

This chapter focuses on the role of the dominant player in conservative media, Fox News, during the first year of Donald Trump’s presidency. It looks at three case studies to illustrate how Fox News used its position at the core of the right-wing media ecosystem repeatedly to mount propaganda attacks in support of Trump: the Michael Flynn firing in March 2017, when Fox adopted the “deep state” framing of the entire controversy; the James Comey firing and Robert Mueller appointment in May 2017; when Fox propagated the Seth Rich murder conspiracy; and in October and November, when the arrests of Paul Manafort and guilty plea of Flynn seemed to mark a new level of threat to the president, Fox reframed the Uranium One story as an attack on the integrity of the FBI and Justice Department officials in charge of the investigation.

Genealogy of Colonial Discourse: Hindu Traditions and the Limits of European Representation

2009 ◽  
Vol 51 (3) ◽  
pp. 563-589 ◽  
Author(s):  
Raf Gelders
Keyword(s):  
Nineteenth Century ◽  
South Asian ◽  
Colonial Discourse ◽  
Colonial State ◽  
The Core ◽  
European Culture ◽  
Eastern Cultures ◽  
The Subject ◽  
Core Issues

In the aftermath of Edward Said's Orientalism (1978), European representations of Eastern cultures have returned to preoccupy the Western academy. Much of this work reiterates the point that nineteenth-century Orientalist scholarship was a corpus of knowledge that was implicated in and reinforced colonial state formation in India. The pivotal role of native informants in the production of colonial discourse and its subsequent use in servicing the material adjuncts of the colonial state notwithstanding, there has been some recognition in South Asian scholarship of the moot point that the colonial constructs themselves built upon an existing, precolonial European discourse on India and its indigenous culture. However, there is as yet little scholarly consensus or indeed literature on the core issues of how and when these edifices came to be formed, or the intellectual and cultural axes they drew from. This genealogy of colonial discourse is the subject of this essay. Its principal concerns are the formalization of a conceptual unit in the sixteenth and seventeenth centuries, called “Hinduism” today, and the larger reality of European culture and religion that shaped the contours of representation.

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