The Rights of Victims in Viet Nam

2016 ◽  
Vol 17 (1) ◽  
pp. 70-87
Author(s):  
Thi Mai Dinh
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Crime Victims ◽  
Viet Nam ◽  
Criminal Proceedings ◽  
Rights Protection ◽  
Personal Experiences ◽  
Criminal Procedure Law

This article examines the rights of victims of crime in the Vietnamese criminal justice system. It aims to evaluate how crime victims are treated by looking at both legal regulations on crime victims’ rights protection and victims’ personal experiences of rights. This article will answer two questions: (i) what rights do crime victims have under Vietnamese Law; and (ii) how do they exercise their rights in practice? Data related to victims’ rights experiences is collected from 312 court judgments, three court observations, three victim interviews and three other interviews from 2008 to 2013. The research found that the Vietnamese criminal justice system provides weak legal protection of crime victims’ rights and victims’ rights that have tended to be neglected in criminal proceedings. The author proposes some suggestions to better amend the system of criminal procedure law and promote victims’ rights in practice.

scholarly journals Constitutional Protection For Crime Victims And Witnesses In Indonesia And Its Problems

2020 ◽  
Vol 36 (1) ◽  
pp. 53-62
Author(s):  
John Kenedi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Crime Victims ◽  
Conceptual Approach ◽  
Constitutional Protection ◽  
Unfair Treatment ◽  
Criminal Offenses ◽  
Constitutional Protections

The constitutional protections toward crime witnesses in Indonesia are indisputably inevitable. As an effort to uphold justice, Indonesia relies on the formal mechanism of criminal law known as the criminal justice system. The system starts from reports by the police, prosecution by the prosecutor, to the stage of a trial in a court, and execution in a prison. Throughout its development, the criminal justice system seemed to focus more on protecting criminal offenses (criminal oriented) rather than paying attention to the rights of witnesses and victims (witness and victim-oriented). Therefore, the studies that concern the rights of witnesses and victims are highly needed in order to figure out ways to balance the treatment between the suspects/defendants and the witnesses and victims. Through the use of the statue approach and conceptual approach, the positions and the rights of legal protection for witnesses and victims are thoroughly captured and described in this current research. Besides, the factors causing uneven attention and unfair treatment toward crime victims are also specifically identified.

scholarly journals Personal experiences of the Criminal Justice System by individuals with autism spectrum disorders

Autism ◽  
2017 ◽  
Vol 22 (4) ◽  
pp. 460-468 ◽  
Author(s):  
Sissel Berge Helverschou ◽  
Kari Steindal ◽  
Jim Aage Nøttestad ◽  
Patricia Howlin
Keyword(s):  
Autism Spectrum Disorders ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Autism Spectrum ◽  
Negative Experiences ◽  
Police Interrogation ◽  
Personal Experiences ◽  
Spectrum Disorders

The processes of arrest, investigation, trial and imprisonment are often extremely difficult for individuals with autism spectrum disorders. In this study, nine offenders with autism spectrum disorders were interviewed about the circumstance surrounding the criminal acts, their views of the arrest, the police interrogation, the trial and the defence and their experiences of being in prison and/or life following the offence. The nine individuals described a range of different and often negative experiences with the Criminal Justice System. However, the majority of those given a custodial sentence coped well in prison, probably due to the high levels of structure and firm frameworks in that environment. Explanation factors associated with the offences indicated that autism spectrum disorder characteristics such as misunderstandings, obsessions and idiosyncratic beliefs and/or behaviours were frequently involved, but stress was the most common explanation provided by the participants. The findings suggest limited understanding of autism spectrum disorders within the Criminal Justice System which needs to be significantly improved in order to secure their legal protection.

scholarly journals Judicial Review of PPAT Calls According to the Criminal Justice System

2019 ◽  
Vol 6 (3) ◽  
pp. 885
Author(s):  
M. Reza Sudarji Famaldika ◽  
Rodliyah Rodliyah ◽  
M. Natsir
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Criminal Procedure ◽  
District Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Provisions ◽  
Criminal Procedure Law

The purpose of this research is to know, understand, and analyze the calling of PPAT according to criminal justice system related to protection aspect and form of legal responsibility.This research method uses normative law research type. Normative legal research is a legal research that lays law as a norm system building. The norm system is about principles, norms, and rules, rules of law, court decisions, agreements and doctrines (teachings). Using the approach method: Statutory Approach, Case Approach, and Conceptual Approach. Normative procedure research results in the calling of PPAT as a witness or suspect are imposed by Article 112 of the Criminal Procedure Code while the seizure of the original deed of PPAT (minuta) and warkah can only be done with the special permission of the Chairman of the local District Court under the provisions of Article 43 of the Book Invite Criminal Procedure Law. PPAT as a Public Officer in carrying out his / her position should have special legal protection to keep the honor and dignity of his / her position including when giving testimony and information in examination and trial. Notary and PPAT positions have similarity in carrying out its duty of making an authentic deed based on the wishes of the parties. The calling of a notary in the criminal justice system has a provision which must be followed as the provisions of Article 66 Paragraph (1) of the Law on Notary Call for the interest of the criminal proceeding process shall obtain the approval of the Notary Public Council while the invitation to the PPAT office shall have the legal provisions in general not having legal protection set specifically.

Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice

2003 ◽  
Vol 36 (1) ◽  
pp. 60-76 ◽  
Author(s):  
Kate Warner ◽  
Jenny Gawlik
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Public Support ◽  
Crime Victims ◽  
Property Damage ◽  
Victims Of Crime ◽  
To Receive ◽  
Legislative Measures

Increased recognition of the need for victims of crime to be integrated into the criminal justice system and to receive adequate reparation has led, in a number of jurisdictions, to legislative measures to encourage the greater use of compensation orders. The Sentencing Act 1997 (Tas) (which came into force on 1 August 1998) went further and made compensation orders compulsory for property damage or loss resulting from certain crimes. This article shows that this measure has failed victims and argues that they have been used in the service of other ends. Mandatory compensation orders are a token gesture repackaged as restorative justice to gain public support for the administration of the criminal justice system.Ways in which compensation orders could be made more effective and the possibilities of accommodating restorative compensation into a conventional criminal justice system are explored.

What of the Child? Preventing the Publication of Children's Names After the Age of 18

2021 ◽  
Vol 24 ◽  
pp. 1-31
Author(s):  
Sophy Baird
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Freedom Of Expression ◽  
Best Interests ◽  
Child Victims ◽  
Criminal Proceedings ◽  
The Right To Privacy ◽  
The Face ◽  
The Right

Children are afforded a number of protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position children occupy in society. When children form part of the criminal justice system, either by being an offender, victim, or witness, they may be subjected to harm. To mitigate against the potential harm that may be caused, our law provides that criminal proceedings involving children should not be open to the public, subject to the discretion of the court. This protection naturally seems at odds with the principle of open justice. However, the courts have reconciled the limitation with the legal purpose it serves. For all the protection and the lengths that the law goes to protect the identity of children in this regard, it appears there is an unofficial timer dictating when this protection should end. The media have been at the forefront of this conundrum to the extent that they believe that once a child (offender, victim, or witness) turns 18 years old, they are free to reveal the child's identity. This belief, grounded in the right to freedom of expression and the principle of open justice, is at odds with the principle of child's best interests, right to dignity and the right to privacy. It also stares incredulously in the face of the aims of the Child Justice Act and the principles of restorative justice. Measured against the detrimental psychological effects experienced by child victims, witnesses, and offenders, this article aims to critically analyse the legal and practical implications of revealing the identity of child victims, witnesses, and offenders after they turn 18 years old.

scholarly journals RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA

2009 ◽  
Vol 39 (2) ◽  
pp. 238
Author(s):  
Rena Yulia
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Violent Crime ◽  
Justice System ◽  
Legal Protection ◽  
The Right

AbstractThe victim of domestic violence had needed of protection concept thatdifferent with another victim of violent crime. Participation of victim haswant to give justice for all. It is, because punishment to offender brings theimpact for victim. Restorative justice is a concept in criminal justice systemwhich is participation victim with it. The present of criminal justice system isthe offender oriented. Victim has not position to considerate offenderpunishment. Only offender can get the right and the victim hopeless. In thedomestic violence, victim and offender have relationship. Because there area family. · So, probability they have some interest in economic and relation.When wife become a victim and husband as offender, his wife hasdependency economic from her husband. It means, if husband get a decisionfrom judge, his wife will be suffer. Domestic violence is different crime. So, itis necessQ/y to made some different concept. In this article, will discussedabout alternative of legal protection for victim of domestic violence incriminal justice system to protect the victim

scholarly journals Legality Letter of Statement of Khilaf in Indonesia Criminal Justice System

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 128
Author(s):  
Rugun Romaida Hutabarat
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Primary Source ◽  
Secondary Data ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Criminal Matters

In criminal law, a person charged with a criminal offense may be punished if it meets two matters, namely his act is unlawful, and the perpetrator of a crime may be liable for the indicated action (the offender's error) or the act may be dismissed to the perpetrator, and there is no excuse. The reasons may result in the death or the removal of the implied penalty. But it becomes a matter of how if the Letter of Statement Khilaf is the answer to solve the legal problems. The person who refuses or does not do what has been stated in the letters is often called "wanprestasi" because the statement is categorized as an agreement. The statement includes an agreement which is the domain of civil law or criminal law, so its application in the judicial system can be determined. This should be reviewed in the application of the law, are there any rules governing wrong statements in the criminal justice system. By using a declaration of khilaf as a way out of criminal matters, then the statement should be known in juridical rules. This study uses normative juridical methods, by conceptualizing the law as a norm rule which is a benchmark of human behavior, with emphasis on secondary data sources collected from the primary source of the legislation. The result of this research is that the statement of khilaf has legality, it is based on Jurisprudence No. 3901 K / Pdt / 1985 jo Article 189 Paragraph (1) of Indonesian criminal procedure law. However, this oversight letter needs to be verified in front of the court to be valid evidence, but this letter of error is not a deletion of a criminal offense, because the culpability of the defendant has justified the crime he committed. Such recognition, cannot make it free from the crime that has been committed.Keywords: Legality, Letter of Statement, Criminal Justice System

A Preliminary Assessment of Police Officers' Knowledge and Perceptions of Persons With Disabilities

2008 ◽  
Vol 46 (3) ◽  
pp. 183-189 ◽  
Author(s):  
Scott J. Modell ◽  
Suzanna Mak
Keyword(s):  
Criminal Justice ◽  
Sexual Assault ◽  
Criminal Justice System ◽  
Police Officer ◽  
Police Officers ◽  
Justice System ◽  
Crime Victims ◽  
Preliminary Assessment ◽  
Persons With Disabilities ◽  
Number Of Factors

Abstract Individuals with developmental disabilities are 4 to 10 times more likely to become crime victims than individuals without disabilities (D. Sobsey, D. Wells, R. Lucardie, & S. Mansell, 1995). Victimization rates for persons with disabilities is highest for sexual assault (more than 10 times as high) and robbery (more than 12 times as high). There are a number of factors related to individuals' with disabilities susceptibility to interactions with the criminal justice system. In addition to these factors, many significant barriers exist, both real and perceived, that limit investigation and prosecution of these cases. How police officers perceive and understand disability play significant roles in how these cases develop and evolve. The purpose of this study was to assess police officer knowledge and perceptions of persons with disabilities.

THE MINORS IN PENAL SYSTEMS IN SELECTED COUNTRIES OF THE EUROPEAN UNION

2015 ◽  
Vol 1 (1) ◽  
pp. 0-0 ◽  
Author(s):  
Sylwia Gwoździewicz
Keyword(s):  
Czech Republic ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Specific Interaction ◽  
European Countries ◽  
Legal Systems ◽  
The European Union ◽  
Criminal Proceedings ◽  
A Minor

In foreign jurisdictions, various models of responsibility for juvenile offenses are adopted. In many countries, like Poland, entirely separate regulations in this field are adopted (England and Wales, Austria, Belgium, Czech Republic, France, Spain, Ireland, Germany, Scotland, Switzerland, Sweden). In other countries like (Slovakia, Belarus, Estonia, Greece to 2003, the Netherlands, Lithuania, Russia, Slovenia, Ukraine), there are specific rules of responsibility of minors included in criminal codes and codes of criminal proceedings. Different solutions in this regard are partly due to the different traditions of legal systems, and partly due to various axiomatic justifications formulated in these matters. Review of legislation on minority in selected European countries: Poland, Slovakia and the Czech Republic shows that in terms of the approach to the problem of minority in all legal systems, specific interaction of children and young people who come into conflict with the criminal law are included, as well as those that show signs of corruption, making their proper personal and social development threatened. Adoption of selected concepts of minors legislation, however, does not mean more or less severe approach to the liability of minors.Both discussed issues the theoretical and practical ones, are the subject of the deliberations beneath, their structure includes: <br/>1. Problems of minors in the European countries <br/>2. Minors in Polish criminal justice system <br/>3. Minors’ responsibility in Slovakian criminal justice system <br/> 4. Czech criminal justice system in relation to a minor

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