Procedural Expression

2020 ◽  
pp. 250-322
Author(s):  
Carsten Stahn
Keyword(s):  
International Criminal ◽  
Role Play ◽  
The Political ◽  
Niklas Luhmann ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Positive Effects ◽  
Legal Literature ◽  
Negative Attributes

The chapter examines to what extent international criminal proceedings enable discursive justice. It draws on performative theories (e.g. Julie Stone Peters) and semiotics to show that proceedings have symbolic, narrative, didactic, and transformative functions. They involve a stage, a plot, audiences, and scripting. In legal literature, these features are often associated with negative attributes, such as ‘show trials’ in the political sense. However, performance is not necessarily something negative. As Niklas Luhmann has demonstrated, role play, that is, the exercise of certain ascribed or expected roles in proceedings, may have certain positive effects. The chapter demonstrates how different agents in the criminal process (e.g. Prosecution, witnesses, Defence, victims, judges) have used narratives to convey messages to different audiences. It argues that international criminal proceedings encompass more performative, rather than truly discursive elements, due to their adversarial structures.

Expediting the ICC Criminal Process: Striking the Right Balance between the ICC and States Parties

2018 ◽  
Vol 18 (3) ◽  
pp. 383-425
Author(s):  
Hirad Abtahi ◽  
Shehzad Charania
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
Common Goal ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
State Involvement ◽  
Rules Of Procedure ◽  
The Right

When establishing the ICC, the sole permanent international criminal court, States ensured that they would play a legislative role larger and more direct than the ad hoc and hybrid courts and tribunals. States Parties have, however, acknowledged that, given the time they spend interpreting and applying the ICC legal framework, the judges are uniquely placed to identify and propose measures designed to expedite the criminal process. Accordingly, the ICC has followed a dual track. First, it has pursued an amendment track, which requires States Parties’ direct approval of ICC proposed amendments to the Rules of Procedure and Evidence. Second, it has implemented practices changes that do not require State involvement. This interactive process between the Court and States Parties reflects their common goal to expedite the criminal proceedings. The future of this process will rely on striking the right equilibrium between the respective roles of States Parties and the Court.

scholarly journals The Management of Third-party Amicus Participation before International Criminal Tribunals: Juggling Efficiency and Legitimacy

2017 ◽  
Vol 17 (4) ◽  
pp. 728-747
Author(s):  
Avidan Kent ◽  
Jamie Trinidad
Keyword(s):  
International Criminal ◽  
Significant Proportion ◽  
Third Party ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Governmental Organizations ◽  
International Criminal Tribunals ◽  
Non Governmental Organizations ◽  
Image Problems

Our article examines the practice of third-party amicus participation before international criminal tribunals (icts) and considers its impact on the efficiency and legitimacy of the international criminal process. Our review focuses on the provenance of third-party interventions, their nature and their impact (if any) on the reasoning of the ict in a given case. We note that a significant proportion of the amicus submissions are from western non-governmental organizations and individuals, rather than from the communities most directly affected by the work of icts. We consider the implications of this finding in the context of the well-documented ‘image problems’ that plague icts. We find that icts tend to manage the participation of third-party amici fairly judiciously, and conclude with some suggestions regarding how the engagement between icts and amici could be improved to enhance both the efficiency and the legitimacy of international criminal proceedings.

scholarly journals Issues of Improvement of Criminal Justice in Political and Legal Ideas of O.I. Goreglyad

2020 ◽  
Vol 11 ◽  
pp. 27-32
Author(s):  
Artem K. Anikanov ◽  
Keyword(s):  
Criminal Policy ◽  
The Political ◽  
Judicial Discretion ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Process ◽  
The Enlightenment ◽  
Provincial City ◽  
Administration Of Justice ◽  
Principle Of Legality

The article is devoted to the problems of the judicial system and the administration of justice in criminal cases, which are reflected in the political and legal views of the domestic legal scientist of the early ХІХ century Osip Goreglyad. His work “The experience of Russian criminal law” (1815), in which the author expressed progressive for his time judgments in the field of criminal procedure, is analyzed. The scientist paid special attention to the implementation of the principle of legality in the process of justice, the problems of judicial discretion, qualification of judges and the level of their professional legal awareness. Original and ambiguous are the judgments of O. I. Goreglyad about the use of the analogy of law in criminal proceedings. A characteristic feature of the scientist’s views on the criminal process is the desire to humanize the criminal process, in which the influence of the Enlightenment is felt. Noted the adequacy of the humanistic views O. I. Goreglyad of the criminal policy of Alexander I banned the beginning of his reign of torture, as well as limiting other debilitating measures of coercion against the defendants, in particular, the transfer from the District towns in the Provincial city were allowed to produce only in case of special need.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

International legal immunities and privileges of the Рrosecutor amicus curiae

2020 ◽  
Vol 22 (3) ◽  
pp. 55-63
Author(s):  
EKATERINA A. KOPYLOVA ◽  
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Legal Regulation ◽  
Criminal Court ◽  
International Treaties ◽  
Amicus Curiae ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
International Criminal Tribunals ◽  
Foreign Science

The article considers the international legal regime of immunities and privileges of amicus curiae prosecutors of international criminal courts which are intended to ensure independent and unhindered performance of their functions in prosecuting crimes against the administration of justice. Due to the lack of doctrinal research in this field, whether in the domestic or foreign science of international law, the study is characterized by scientific novelty. Its empirical basis is constituted of the provisions of international treaties governing the immunities and privileges of staff of the ad hoc international criminal tribunals and the International Criminal Court. It is noted that today the state of international legal regulation of immunities and privileges of amicus curiae prosecutors is not quite satisfactory as it contains significant gaps. Two possible approaches to determining the scope of the immunities and privileges of amicus curiae prosecutors are identified: the first based on their status and the second – on the functions they perform. Their critical analysis leads to the conclusion that the functional approach is more in line with the principle of equality of arms in international criminal proceedings. As a result of its application, the scope of the immunities and privileges of amicus curiae prosecutors coincides with the scope of the immunities and privileges granted to staff of the Offices of Prosecutors at the international criminal tribunals.

The Legislative Decision-Making Process

1982 ◽  
Vol 32 ◽  
pp. 7-8
Author(s):  
Richard DeGraw ◽  
Bette F. DeGraw
Keyword(s):  
Decision Making ◽  
American Indians ◽  
Undergraduate Students ◽  
Community Organization ◽  
Role Play ◽  
The Political ◽  
Decision Making Process ◽  
List Type ◽  
Provision Of Services ◽  
Legislative Decision

The Legislative Decision Making Process is an educational role play for graduate or undergraduate students concerning the political and pressure relationships involved in the political decision-making process. The role play reviews the implications of the decision-making processes upon the provision of services by governmental agencies.The role play engages from twenty to sixty students in a simulated budget-making and lobbying experience and utilizes this experience to teach students:1.The values and pressures considered by bureaucracies and the Legislature in decision-making;2.The relationships which exist between clients, community groups, administrators and politicians;3.The various techniques of Community Organization for lobbying and Legislative influence.The role play consists of various groups of students in roles which include legislators, administrators of three major state departments, two minor state departments, parent groups, Concerned Citizen groups, American Indians disabled individuals and ex-clients.

DEFINITIONS OF CATEGORIES PURPOSE AND TASKS OF CRIMINAL PROCEEDINGS IN THE MODERN CRIMINAL PROCESS

2018 ◽  
Author(s):  
Svitlana Patiuк ◽  
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Modern Theory ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Norms ◽  
State Changes ◽  
The Individual ◽  
Goals And Objectives ◽  
Functional Purpose

"Definitions of categories, the goal and objectives of criminal proceedings in modern criminal proceedings" analysed the legal norms and provisions of doctrinal concepts to determine the goals and objectives of criminal proceedings. The author formulated conclusions and generalizations that since criminal proceedings are a sphere of state activity, it depends on the direction of the political course of the state, changes in state policy, which always leads to a change in the ideology of the criminal process as a whole, including the transformation of goals and objectives criminal proceedings. The purpose and objectives of criminal proceedings depend on the historical form of the criminal process, a common feature of which is the ratio of freedom (interests) of the individual and the state, expressed in the procedural position of the main participants in the process. Criminal procedure legislation and doctrine define the resolution of a dispute (conflict) between the state and the accused arising as a result of the commission of a crime as the goal of the criminal process in most countries in which the adversarial nature of criminal proceedings prevails. As the goal of criminal proceedings in the modern theory of criminal procedure, it is proposed to consider the protection of the individual, society and the state from criminal offences in the settlement of criminal-legal conflicts arising as a result of these offences. The goal in the criminal process determines the setting of tasks and represents the ultimate conclusion from the sum of all the tasks being implemented. The task of criminal proceedings should be determined taking into account the functional purpose of the subjects of criminal proceedings, and therefore the task is the fulfilment of his duty by a participant in criminal proceedings, which is determined by his functional purpose, based on the principle of competition of the parties.

The Activity of Lawyers in the International Criminal Court: Theoretical and Practical Aspects

2021 ◽  
Vol 8 (3) ◽  
pp. 67-72
Author(s):  
Daria A. Sedova
Keyword(s):  
World War Ii ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
World Order ◽  
Criminal Court ◽  
Criminal Proceedings ◽  
Or Groups ◽  
The Status ◽  
Entire History

In the entire history of mankind, a large number of acts of violence and aggression have been committed. Over the past 50 years alone, there have been more than 400 interstate and intrastate conflicts that have claimed the lives of millions of people. Increasingly, there has been an urgent need to protect the violated rights of individuals. The idea of creating a single international body for the protection of human rights has been discussed more than once. For the first time, the idea of creating an international judicial body was expressed in 1948 by the UN General Assembly after the Nuremberg and Tokyo trials at the end of World War II, which issue has been discussed at the United Nations ever since. However, efforts to create such a mechanism have not been successful, despite the need for a permanent criminal court to prosecute and punish those who commit the most serious crimes. In 1998, this idea was realized. The International Criminal Court (ICC) has sought ways to establish a world order with a fair resolution of conflicts. It has long been recognized, the verdict of the Nuremberg Tribunal noted, that international law imposes duties and obligations on specific individuals as well as on the state. [] Crimes against international law are committed by people, not by abstract categories, and only by punishing individuals who commit such crimes can the provisions of international law be respected. To date, the ICC is successfully coping with the task of punishing those persons or groups of persons who have committed the international crimes listed in the Rome Statute. It would seem that the balance between good and evil has been found. The crime has been committed and the criminal punished. But it is important to note that the procedural issues have not been resolved as well as that of punishing criminals. An urgent matter today is the status of defenders of the accused in international criminal proceedings. This question requires not only a doctrinal, but also a practical understanding.

CONCERNING THE STRUCTURE OF PUBLIC LEGAL INTEREST IN CRIMINAL COURT PROCEEDINGS

2021 ◽  
pp. 26-30
Author(s):  
Алексей Викторович Дашин ◽  
Петр Михайлович Малин ◽  
Алексей Васильевич Пивень
Keyword(s):  
Preventive Measures ◽  
Criminal Court ◽  
Public Authority ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Public ◽  
House Arrest ◽  
Legitimate Interest ◽  
Court Proceedings ◽  
Constituent Elements

В статье анализируется структура публичного законного интереса в уголовном судопроизводстве, входящих в него элементов на примере института домашнего ареста. Авторская модель публичного законного интереса участников уголовного процесса «привязана» к стадийности и может распространяться не только на вопросы, связанные с мерами пресечения. По мнению авторов, публичный законный интерес в контексте рассматриваемой проблемы воплощается в жизнь на основе нормативно установленного действия, содержащего конкретно сформулированные правила, устанавливающие четко определенные права и обязанности участников правоотношений. Данная деятельность сопряжена с определенными этапами (стадиями), которые в той или иной степени характерны соответствующей мере пресечения, и возможна в той стадии, где осуществляется оценка действий, предпринятых должностным лицом, осуществляющим производство по уголовному делу. Реализация публичного законного интереса, заявленного следователем, дознавателем на избрание домашнего ареста, зависит от того, как соответствующие устремления оценят другие должностные лица - руководитель следственного органа, прокурор (не обладающие правами реализации публичного законного интереса), то есть от их усмотрения. Законодатель не предоставляет следователю, дознавателю возможность «непосредственно» обратиться в суд - участнику процесса, наделенному правом реализовать их устремление на избрание меры пресечения. Подобные «преграды» не предусмотрены в законе для иных участников уголовного процесса, не наделенных публичной властью и стремящихся реализовать свой законный интерес. The article analyzes the structure of public legitimate interest in criminal proceedings, its constituent elements on the example of the institution of house arrest. The author's model of the public legitimate interest of participants in the criminal process is «tied» to the stage and can extend not only to issues related to preventive measures. According to the authors, public legitimate interest in the context of the problem under consideration is brought to life on the basis of a normatively established action containing specifically formulated rules establishing clearly defined rights and obligations of participants in legal relations. This activity is associated with certain phases (stages) that are more or less characteristic of the corresponding measure of restraint, and is possible at the stage where the actions taken by the official conducting the criminal proceedings are evaluated. The realization of the public legitimate interest declared by the investigator, the investigating officer for the election of house arrest depends on how the relevant intentions will be evaluated by other officials - the head of the investigative body, the prosecutor (who do not have the rights to realize the public legitimate interest), i.e. on their discretion. The legislator does not give the investigator, the inquirer the opportunity to turn «directly» to the court - a participant in the process, entitled to realize their intentions for the election of measures of restrain. Such «barriers» are not provided in the law for other participants in the criminal process who are not endowed with public authority and who seek to realize their legitimate interest.

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