Russian Early Modern Criminal Procedure and Culture of Appeal

2013 ◽  
Vol 38 (3-4) ◽  
pp. 295-316
Author(s):  
Marianna Muravyeva
Keyword(s):  
Criminal Justice ◽  
Early Modern ◽  
Assembly Line ◽  
Criminal Procedure ◽  
Political Regime ◽  
The Political ◽  
Judicial Decisions ◽  
Procedural Law ◽  
Appeal Procedure

This article explores early modern criminal procedure and the emergence of a culture of appeal in the Russian system of criminal justice. It raises several important questions: Why did the appeal procedure not function as an ultimate guarantee of justice? How did Russian procedural law make appeals nothing more than the last stop on an ‘assembly line’, as a confirmation of a verdict rather than another court instance? How was criminal procedure connected with the political regime and a broader understanding of justice in early modern Russia? And what was then the ultimate goal of appeals that encouraged litigants to proceed with their cases to the highest court authorities? The author argues that Russia developed a so-called ‘appeal culture’, i.e., a situation in which individuals were willing to proceed with an appeal despite the quality of judicial decisions. Coupled with selective justice and a subjective understanding of fair trial, the appeal became one of the main means of acquiring a desirable verdict or, at least, of preventing an adversary from receiving such a verdict.

scholarly journals Typical Features of the Moscow Russia as Early-modern State in the Context of the Comparative and Legal Analysis

2017 ◽  
Vol 10 (3) ◽  
pp. 121
Author(s):  
Gennady A. Borisov ◽  
Vladimir G. Krikun ◽  
Victoria V. Kutko ◽  
Vitaly V. Penskoy ◽  
Svetlana V. Sherstobitova
Keyword(s):  
Early Modern ◽  
Political Regime ◽  
The Political ◽  
General Context ◽  
Legal Analysis ◽  
Russian State ◽  
Regular Army ◽  
Formation And Evolution ◽  
Methodological Approaches ◽  
Original Approach

In this article features of political regime development in the Russian state of the Moscow era (the end of the XV-XVII centuries) are considered in the general context of the European early-modern states of the XVI-XVII centuries formation and evolution. Use of new methodological approaches and deeper and at the same time original approach to the analysis of both narrative, and assembly materials allow to conclude that, despite unusual, at first sight, features of development of the Russian state during the considered period (those natural and geographical conditions caused first of all by character it developed in), Russia can be put in one row with such early-modern states as France, Spain or the Ottoman Empire. For all of them who are not possessing the developed officialdom and so developed fiscal institutes and power tools (represented by regular army, police and so forth), the aspiration to find a certain balance of interests between raison d’État (understanding as it first of all interest dynastic) and bien public (that it is first of all interest of the most active and influential part of society, "the political nation" in the political plan) as it guaranteed the power necessary legitimacy, obedience and support from society as indispensable conditions of more or less effective functioning of power institutes is inherent.

scholarly journals Execution of a Sentence – an Independent Stage of Criminal Proceedings

2020 ◽  
Vol 14 (4) ◽  
pp. 560-565
Author(s):  
Vyacheslav B. Shabanov ◽  
Lyudmila Yu. Budanova ◽  
Vladimir. P. Kramarenko
Keyword(s):  
Criminal Justice ◽  
Key Words ◽  
Criminal Procedure ◽  
Legal Issues ◽  
Criminal Investigation ◽  
Criminal Proceedings ◽  
Essential Nature ◽  
Procedural Law ◽  
Characteristic Features

The article investigates how the notion “execution of a sentence” was formed and analyzes the content of the stage of execution of a sentence as an independent part of criminal procedure, examines legal issues of criminal proceedings within the stage of execution of a sentence, and puts forward some ways to improve it. The fact that court activities aimed at considering and resolving issues related to the execution of a sentence are defined as part of criminal procedure rather than as an independent stage is a subject for debate, because this activity may or may not take place. But we agree with those scholars who believe that the stage such as the presentation of a sentence for execution always emerges during sentencing, and the analogy with the stage of launching criminal investigation allows us to conclude that, that further criminal proceedings may occur several times or may not occur at all and thus form an independent stage of criminal procedure. We studied the opinions and statements of practitioners and scholars in the field of criminal procedure concerning the role and importance of criminal proceedings aimed at the execution of a sentence as an independent stage of criminal procedure, institution of criminal procedural law, a separate phase of criminal procedure and the theoretical arguments as to the essential nature and meaning of the execution of a sentence in criminal procedure. We conclude that criminal proceedings aimed at presenting the sentence for execution, consideration and resolution by the court of the issues related to its execution form the content of an independent stage of criminal procedure, which has all the necessary and characteristic features. Key words: execution of a sentence; stage of criminal procedure; subjects of execution of a sentence; criminal justice; criminal proceedings.

scholarly journals Podejścia teoretyczne do badania demokratyzacji i autokratyzacji na poziomie lokalnym i regionalnym

2020 ◽  
Vol 18 (2) ◽  
pp. 57-74
Author(s):  
Adam Szymański ◽  
Keyword(s):  
Theoretical Framework ◽  
Network Governance ◽  
Political Regime ◽  
The Political ◽  
Local Democracy ◽  
Quality Of Democracy ◽  
Theoretical Approaches ◽  
Territorial Politics ◽  
Variable Analysis

In the literature on democratization and autocratization, one of the areas which clearly shows a gap in the theoretical framework is a very important territorial dimension of these processes. This article is aimed at proposing the theoretical approaches based on two main pillars, which can be used in studies on democratization and autocratization at the subnational levels. The first one refers to democracy and changes of political regimes (approaches to democratization /autocratization and more static issues of the quality of democracy and local democracy). The second one refers to the territorial politics, accounting for the multilevel and network governance as well as theories of decentralization. Eventually, the author also presents possible preliminary directions of research, within which the territorial politics can be either an independent, alternatively intervening variable (studies on causes of changes regarding the political regime) or a dependent variable (analysis of effects of these changes).

scholarly journals Problems with Online Criminal Justice in Criminal Procedure Law Due to the Covid-19 Pandemic

2021 ◽  
Vol 5 (3) ◽  
pp. 436
Author(s):  
Ida Bagus Gde Subawa
Keyword(s):  
Criminal Justice ◽  
Virus Disease ◽  
Criminal Procedure ◽  
Literature Study ◽  
Criminal Cases ◽  
Procedural Law ◽  
Criminal Procedure Law ◽  
Court Proceedings ◽  
The Republic ◽  
The Government

The world is in crisis due to the Covid-19 pandemic. Corona Virus Disease 2019 (Covid-19) is a disease that was first discovered in the city of Wuhan, China. The transmission of Covid-19 in the People's Republic of China (PRC) occurred in 2019 and caused the death of Chinese citizens. By early 2020, the spread had spread to every country, including Indonesia. The wide spread of Covid-19 throughout Indonesia has resulted in the government declaring a health emergency and implementing a lockdown policy by limiting activities that trigger the massive spread of the Covid-19 virus. Activities that were initially carried out offline must be carried out online, and one of these activities is court proceedings. Due to the Covid-19 pandemic, every activity, including the judiciary, is carried out online. This study aims to examine the problems that occur as a result of the implementation of online criminal justice in criminal procedural law. This research is descriptive research with a literature study method. The results of the study show that the implementation of online trials creates problems that are considered inconsistent with several principles and contrary to the Criminal Procedure Code, some of which are the validity of evidence in court, then there is an examination of the defendant in court until the last one is the personnel and equipment. which is not supported. Another problem is the Regulation of the Supreme Court of the Republic of Indonesia No. 4 of 2020 concerning the Administration and Trial of Criminal Cases in Courts Electronically which is contrary to the principles of Courts Open to the Public and Quick Trials.

The Hermeneutics of Silk: China and the Fabric of Christendom according to Martino Martini and the Early Modern Jesuit “Accommodationists”

2019 ◽  
Vol 61 (2) ◽  
pp. 419-446
Author(s):  
Alice Yeh
Keyword(s):  
Seventeenth Century ◽  
Early Modern ◽  
Christian Theology ◽  
The Political ◽  
Jesuit Missionaries ◽  
Jesuit Missionary ◽  
Mission Field ◽  
Material Evidence

AbstractAs Jesuit missionaries in seventeenth-century China struggled to translate Christian theology into Chinese terms and categories, they embarked on a project of purifying the “political” from the “superstitious.” Their project was structured by the unmentionable: the proscribed luxury of silk robes that facilitated the encounters between the missionaries and the native elite they most sought to convert. This article examines the manifold functions of silk and the problem of “accommodation” by turning to theBrevis relatio de numero et qualitate Christianorum apud Sinas(“Brief report on the number and quality of Christians in China”), a booklet authored by the Jesuit missionary Martino Martini (1614–1661). Written for European circulation, theBrevis relatiotouted the triumphs of the mission by incorporating the conceptual imaginary of “China” into the cosmo-political confines of the Euro-Christian world. This article shows how the basic Christian metaphor of horticultural fruitfulness was used to interpret silk and sericulture as material evidence that the Chinese mission field prefigured and promised, both spiritually and commercially, a profitable harvest.

scholarly journals Truth and procedural fairness in Chinese criminal procedure law

2019 ◽  
Vol 23 (3) ◽  
pp. 299-315
Author(s):  
Alexander Shytov ◽  
Peter Duff
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
Active Role ◽  
Procedural Fairness ◽  
Criminal Process ◽  
Procedural Law ◽  
Criminal Procedure Law ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Rapid Transformation

Chinese criminal procedural law has recently been undergoing rapid transformation. While the search for ‘truth’, embodied in a confession by the accused, has traditionally dominated the criminal process, efforts are now being made to secure more procedural fairness. This is exemplified by the introduction of rules to render inadmissible at trial confessions extorted from suspects by ill treatment. Unsurprisingly, it has proved difficult to shift the mindsets of the players in the criminal justice process. The new rules have not been fully implemented in many respects and there is still confusion over the criteria to be used by the courts in making decisions about inadmissibility. Further, it has proved difficult to enable defence lawyers to play a more active role in defending their clients and to render it normal for witnesses to testify at trial. This handicaps the drive to secure a better balance between the search for truth and procedural fairness in the Chinese criminal trial.

scholarly journals Urgensi Hakim Pemeriksaan Pendahuluan dalam Peradilan Pidana di Indonesia

2020 ◽  
Vol 3 (2) ◽  
pp. 703-711
Author(s):  
Vega Christian Pratama ◽  
Louis Tappangan
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
Conceptual Approach ◽  
Procedural Law ◽  
Preliminary Examination ◽  
Procedure Code ◽  
Microeconomic Analysis ◽  
The Future ◽  
The One ◽  
Legal Consequences

This article aims to analyze the importance of the preliminary supervisory judges stipulated in the Draft Criminal Procedure Code to replace pretrial institutions regulated in the Criminal Procedure Code in the future. As for the preliminary Supervisory Judge, it was formed with the aim of improving pretrial institutions which are deemed not running properly at this time. The problem focuses on the legal consequences of the use of violence by the investigator against the suspect or witness and the importance of the Preliminary Examination Judge to be applied to criminal justice in Indonesia to address the problem of the use of force by investigators. In order to answer this problem, a theoretical reference is used that applies to the process of proof in criminal procedural law and uses a microeconomic analysis of criminal law to analyze how important the enforcement of the Preliminary Examination Judge in Indonesia is. The research method used in this article is the statue approach and conceptual approach. This study concludes that the enforcement of Preliminary Examination Judges needs to be reviewed again, because there are still many deficiencies contained in the Draft KUHAP which regulates Preliminary Examination Judges. Although on the one hand the Preliminary Examination Judge is very much needed to overcome the problem of violence by investigators in the investigation, on the other hand there are other things that need to be reviewed so that criminal justice in Indonesia can be better in the future.

scholarly journals Supervision and Control of the Internet as an Instrument of the Information Security Policy in Contemporary States

2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Daria Krzewniak
Keyword(s):  
Information Security ◽  
Security Policy ◽  
Social Values ◽  
Political Regime ◽  
Modern World ◽  
The Political ◽  
The Internet ◽  
Information Security Policy ◽  
And Control

Information in the modern world is a strategic resource that decisive the competitive advantage of countries on the international arena. In order to ensure the appropriate quality of the information resources held as well as the processes and mechanisms of their acquisition, processing and protection, individual countries develop and implement an information security policy. The implementation of this policy is supported by various instruments, among which the supervision and control of the Internet deserve attention. The aim of the article is to discuss the supervision and control of the Internet as an instrument of information security policy, considering the specificity of democratic, totalitarian and authoritarian states. For the purposes of the research, the method of analyzing the literature and the method of synthesis were used. It has been proven that, regardless of the political regime, state-owned entities use Internet supervision and control, while the main objectives of these activities are different. In democratic countries, it is primarily for the protection and defense of cherished social values and goods, in totalitarian and authoritarian countries for the realization of the particular interests of those in power.

scholarly journals International Cooperation and Raised Issues in Implementation of the Code of Criminal Procedure of 2015

2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Nguyen Ngoc Chi
Keyword(s):  
Criminal Justice ◽  
International Cooperation ◽  
Criminal Procedure ◽  
Legal Framework ◽  
International Agreements ◽  
Viet Nam ◽  
Criminal Proceedings ◽  
Judicial Assistance ◽  
Hoa Binh

Via considerably revised and suplemented provisions, the Code of Criminal Procedure (CCP) of 2015 demonstrates the improvement of the legal framework on international cooperation in criminal proceedings. Such provisions of the CCP also harmonize with the Act of Judicial Assistance and international agreements with the participation of Vietnam. The article analyzes the grounds of revision and suplementation of the provions on international cooperation of the CCP of 2003 as well as mentions other issues of the CCPof 2015 need to be considered and to be improved to enhance the quality of this sector of criminal justice in the feature. Keywords Code of Criminal Procedure of 2015, international cooperation, judicial assistance References [1] Xem Nguyễn Thị Ly, luận văn Thạc sỹ “Chế định dẫn độ trong hợp tác quốc tế theo Luật Tố Tụng Hình sự Việt Nam”, Khoa Luật trực thuộc Đại học Quốc gia Hà Nội, năm 2015.[2] Nguyễn Hòa Bình, Những nội dung mới của bộ luật Tố tụng Hình sự năm 2015, Nhà xuất bản chính trị Quốc gia, Hà Nội, năm 2016.

scholarly journals The Concept of Plea Bargain in an Ethical Society

2020 ◽  
Vol 4 (1) ◽  
pp. 21-30
Author(s):  
Denisa Barbu ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Mixed System ◽  
The Political ◽  
Legal Problem ◽  
Plea Bargain ◽  
Objective Truth ◽  
Procedural Law ◽  
Procedure Code ◽  
Inquisitorial System

The current Criminal Procedure Code has introduced several elements specific to adversarial law. Among these specific elements, I consider that a special impact on those interested in or targeted by the dispositions of criminal law is "negotiated justice". Traditionally, in the field of ​​criminal procedural law, several institutions specific to the continental system have been adopted in our country, that impose for the diagnosis of the legal problem, so that in criminal procedural law the objective truth must be identical to the judicial truth, hence the fact that judges can't base their rulings on anything else than actual facts. During the evolution of civilization, three criminal procedural systems have appeared progressively, in a chronological (historical) order in full accordance with the political and social tendency of the states at a certain moment, namely the inquisitorial system, the accusatory system, respectively the mixed system, named the continental system. We will resort in the following article to a brief presentation of these criminal procedural systems, while making a brief analysis of each of them.

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