European Criminal Bar Association statement of principles on the use of video-conferencing in criminal cases in a Post-Covid-19 World

2021 ◽  
pp. 203228442110135
Author(s):  
Vânia Costa Ramos ◽  
Alexis Anagnostakis ◽  
Amedeo Barletta ◽  
Jaanus Tehver ◽  
Nicola Canestrini
Keyword(s):  
Video Conferencing ◽  
Fair Trial ◽  
The Other ◽  
Criminal Cases ◽  
Cross Border ◽  
Other Hand ◽  
Bar Association

This is a statement by the European Criminal Bar Association on the use of Video-Conferencing in Criminal Cases in a Post-Covid-19 World. It addresses the topic using a two-fold distinction between the use of remote hearings in domestic and in cross-border cases, on one hand, and the use of such of remote technology for conducting interviews of the suspect or accused in the pre-trial stages or at trial hearings, on the other hand. Recognising that these distinctive settings impact differently upon the seriousness of the interference with the fair trial rights and the rights of defence of the suspect or accused, and also upon the circumstances that must be weighed in order to assess whether restrictions are proportionate, adequate and necessary, the European Criminal Bar Association assesses whether the use of remote technologies in those different settings is acceptable and outlines proposals for further action in the field.

A minoritized language on both sides of the border: legal framework and language policy of Catalan in Andorra and Catalonia

Multilingua ◽  
2019 ◽  
Vol 38 (2) ◽  
pp. 155-168
Author(s):  
Juan Jiménez-Salcedo
Keyword(s):  
Language Policy ◽  
Legal Framework ◽  
The Other ◽  
Language Policies ◽  
Lingua Franca ◽  
Cross Border ◽  
Other Hand ◽  
State Schools

Abstract This article analyzes the legislation of the two territories that have the most advanced legal framework regarding language policies towards Catalan: Andorra and Catalonia. The study of the legislation in relation to contexts of social and institutional use shows how this legal framework is not sufficient to change Catalan from being a minoritized language, since the phenomenon of minoritization is innate to the ecosystem in which languages develop. This ecosystem is conditioned by the presence of Castilian as a lingua franca on both sides of the border between Andorra and Catalonia. In the case of Andorra, its status as a cross-border microstate makes it a plurilingual space with Castilian as a socially cross-cutting language; moreover, the fact that until recently there was no network of state schools hindered Catalan language normalisation efforts. Catalonia, on the other hand, is an even more complex example on account of how the implementation of llengua pròpia policy contradicts the constitutional control the Spanish state exercises on this.

scholarly journals Similarities and differences in the methods used for investigation of corruption-related official crimes and crimes against the person difference for their disclosure are indicated.

2021 ◽  
pp. 101-114
Author(s):  
В.В. Крюков ◽  
О.В. Шлегель
Keyword(s):  
The Other ◽  
Criminal Cases ◽  
Other Hand ◽  
Similarities And Differences ◽  
The One

В статье рассматриваются методики в расследовании уголовных дел, касающихся должностных преступлений коррупционной направленности и преступлений против личности, совершаемых по мотиву национальной ненависти или вражды. Выявлены и предлагаются к обсуждению как общие аспекты, способствующие раскрытию вышеуказанных категорий преступлений с одной стороны, так и особенности, связанные с их спецификой – с другой стороны. Также авторами предложены новые методологические особенности для раскрытия и расследования указанных категорий дел, помогающие предварительному следствию успешно справляться с поставленными задачами. The article discusses the methods of scientists in the investigation of criminal cases concerning official crimes of corruption and crimes against the person committed on the basis of national hatred or enmity. Scientists have identified common aspects that help in the disclosure of both categories of crimes on the one hand, and on the other hand, in accordance with their specifics, the features of the

scholarly journals PENERAPAN E-COURT DALAM PERKARA TINDAK PIDANA UMUM DALAM PRESPEKTIF HUKUM PROGRESIF

2020 ◽  
Vol 8 (1) ◽  
pp. 11
Author(s):  
Ari Hani Saputri
Keyword(s):  
Positive Impact ◽  
The Other ◽  
Criminal Case ◽  
Criminal Cases ◽  
Civil State ◽  
Positive Law ◽  
Other Hand ◽  
Corona Virus

<p align="center"><strong><em>Abstract</em></strong></p><p><em>This article tries to discuss the implementation of e-court in general criminal cases. In fact, Perma Number 1 Year 2019 does not include criminal cases. This is because Perma Number 1 of 2019 only allows general civil, family civil, state administrative, and military administrative matters. However, with the corona virus outbreak making the implementation of criminal cases into an online trial, this has a positive impact in the form of a breakthrough for the litigation world due to the existence of e-court, it can be predicted to decrease costs for the trial, but on the other hand there are weaknesses, namely not yet arranged e court for criminal cases. To find a way out, the authors recommend implementing progressive law to fill the legal vacuum while waiting for a positive law that accommodates the implementation of e-court</em></p><p><strong><em>Keywords</em></strong><strong>: </strong><em>E-court, General Criminal Case, Progressive Law</em></p><p align="center"><strong>Abstrak</strong></p><p>Artikel ini mencoba untuk membahas mengenai pelaksaan <em>e-court</em> dalam perkara pidana umum. Sejatinya, dalam Perma Nomor 1 Tahun 2019 tidak mengikutsertakan perkara pidana. Hal ini dikarenakan Perma Nomor 1 Tahun 2019 hanya memperbolehkan perkara perdata umum, perdata keluarga, tata usaha negara, tata usaha militer. Namun dengan adanya wabah virus korona membuat pelaksaan perkara pidana menjadi sidang secara online, hal ini membawa dampak positif berupa terobosan untuk dunia litigasi dikarenakan dengan adanya <em>e-court</em> maka dapat diprediksikan menurunnya biaya untuk persidangan, namun dilain sisi terdapat kelemahan, yaitu belum diaturnya pelaksanaan <em>e-court</em> untuk perkara pidana. Untuk mencari jalan keluarnya maka penulis menganjurkan diterapkannya hukum progresif untuk mengisi kekosongan hukum sambil menunggu adanya sebuah hukum positif yang mengakomodasi pelaksanaan <em>e-court</em>.</p><p><strong>Kata Kunci: </strong><em>E-court</em>, Perkara Pidana Umum, Hukum Progresif</p>

Group Insolvencies

2016 ◽  
Author(s):  
Reinhard Bork ◽  
Renato Mangano
Keyword(s):  
The Other ◽  
Limited Extent ◽  
Specific Policy ◽  
Policy Choices ◽  
Cross Border ◽  
Other Hand ◽  
The World ◽  
Set Up ◽  
The Many ◽  
The One

This chapter deals with European cross-border issues concerning groups of companies. This chapter, after outlining the difficulties encountered throughout the world in defining and regulating the group, focuses on the specific policy choices endorsed by the EIR, which clearly does not lay down any form of substantive consolidation. Instead, the EIR, on the one hand, seems to permit the ‘one group—one COMI’ rule, even to a limited extent, and, on the other hand, provides for two different regulatory devices of procedural consolidation, one based on the duties of ‘cooperation and communication’ and the other on a system of ‘coordination’ to be set up between the many proceedings affecting companies belonging to the same group.

scholarly journals Cross-Border Policies and Spatial and Social Integration: Between Challenges and Problems

2011 ◽  
Vol 18 (2) ◽  
pp. 29-45 ◽  
Author(s):  
Milan Bufon
Keyword(s):  
Social Integration ◽  
The Other ◽  
Level System ◽  
Constituent Part ◽  
Regional Control ◽  
Cross Border ◽  
Other Hand ◽  
Multi Level ◽  
The One

The article is discussing both challenges and problems that emerge from an intensified cross-border integration, particularly in Europe, which is creating a sort of ‘cross-border regionalism’ that might be sought as a new constituent part of a complex, multi-level system of governance incorporating not only national, but also local/regional agents. Cross-border regionalism is thus not only a system of government, but also a system of ‘grass-rooted’ social and spatial (re)integration of borderlands. This process is closely related to the question of changing territoriality, preserving on the one hand the regional control and on the other hand re-acting societal and territorial co-dependence.

scholarly journals CRIMINAL LAW CONSIDERATIONS (Ratio Decidendi)

2020 ◽  
Vol 1 (2) ◽  
pp. 90
Author(s):  
Prayitno Iman Santosa
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Objective Measures ◽  
Legal Certainty ◽  
Criminal Cases ◽  
Criminal Offense ◽  
Judicial Practice ◽  
Other Hand ◽  
Ratio Decidendi

Judicial practice in Indonesia, judging from the decisions of criminal cases, generally judges give legal considerations only to prove the elements of a criminal offense. In contrast, the determination of the crime is not objectively considered, and most are merely considerations of incriminating and mitigating matters. On the other hand, the judge has absolute authority in imposing a crime; the judge's freedom is guaranteed by law. The supreme power of judges who are used freely without objective measures has the potential to produce corrupt decisions and injustices. Criminal objectives must be aligned with legal goals, namely to realize penalties that guarantee legal certainty, justice, and expediency. Ideally, good sentences reflect the three purposes of the law.

Serbia

2019 ◽  
pp. 39-66
Author(s):  
Yossi Harpaz
Keyword(s):  
Social Status ◽  
The Other ◽  
Dual Citizenship ◽  
Representative Case ◽  
Cross Border ◽  
Other Hand ◽  
The One ◽  
Hungarian Language ◽  
Gain Access ◽  
The Eu

This chapter explores the case of Hungarian dual citizenship in Serbia as a representative case of compensatory citizenship that is created on the basis of coethnic ties. Since 2011, Hungary has offered dual citizenship to cross-border Hungarians living in neighboring countries. However, coethnic dual citizenship has complicated and contradictory effects on Serbia's Hungarian minority. On the one hand, they enjoy access to Europe, as well as elevated social status in Serbia. On the other hand, the proliferation of EU passports makes it easier for young Hungarians to emigrate, shrinking this beleaguered population even further. Meanwhile, thousands of ethnic Serbs have also begun to study the Hungarian language. They hope to take advantage of Hungary's generosity toward Hungarian speakers in order to thereby gain access to the EU.

Similar Facts and Actus Reus

1959 ◽  
Vol 17 (2) ◽  
pp. 210-232
Author(s):  
R. N. Gooderson
Keyword(s):  
Fundamental Principle ◽  
Prima Facie ◽  
Formative Period ◽  
Criminal Trial ◽  
The Other ◽  
Criminal Cases ◽  
Similar Fact ◽  
Other Hand ◽  
Rules Of Evidence ◽  
Actus Reus

Some of the complexity of the English rules of evidence in criminal cases springs from a clash, probably dating back to the formative period of those rules, between two objects, laudable in themselves but antagonistic. One most fundamental principle, of which English lawyers are justly proud, stemming from a desire that a criminal trial should be conducted in a manner as fair to the accused as possible, was that evidence of his misdoings on other occasions should be prima facie inadmissible. On the other hand, courts of justice naturally desire that cogent and weighty evidence that the accused committed the crime with which he is charged should not be excluded from consideration by judge and jury, and consequently evidence, often called similar fact evidence, of other misconduct of the accused is sometimes receivable not because it shows his bad character but in spite of that fact.

scholarly journals PENERAPAN DIVERSI TERHADAP TINDAK PIDANA ANAK DALAM SISTEM PERADILAN PIDANA ANAK

2015 ◽  
Vol 9 (1) ◽  
pp. 1
Author(s):  
Teguh Prasetyo
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The Other ◽  
Best Interests ◽  
Best Interest ◽  
Criminal Cases ◽  
Other Hand ◽  
Perpetrators And Victims

<p><strong>Abstract</strong></p><p>This article discusses the application of the crime diversion to children in juvenile criminal justice system. So far in the criminal justice system, punishment for perpetrators of children not create justice the perpertrators and victims. On the other hand also still leaves another problem that was not solved even though the perpetrators have been punished. See the principle of the protection of children especially the principle that the best interest of the child. The cild process is required for settling disputes outside the criminal mecanism or commonly referred to as diversion. Settlement through this diversion is expected to provide a win-win solution tho the cases encountered so as to create fairness both in terms of perpertrators as well as for the victim.</p><p><strong><em>Abstract</em></strong><br />This article discusses the application of diversion in juvenile criminal justice system. So far in the criminal justice system, punishment of juvenile perpetrators of crimes did not create justice for the perpertrators and victims. On the other hand, the system also leaves another problem that has not been solved eventhough the perpetrators have been unished. Noting one of the principles in the protection of children, which is the best interests of the child, criminal cases with children as perpetrators should be settled outside the criminal mechanism generally referred to as diversion. Settlement by way of diversion is expected to create a solution that is balanced so as to create justice for both perpetrators and victims. Nevertheless, the diversion can not be applied to all of the criminal act. Diversion can only be applied in offenses committed by children which are sanctioned by penalty of no more than seven years imprisonment and the offence is not a repetition of crime (recidive).</p>

scholarly journals Independence of Lawyers and Legal Institutions and Its Impact on the Country's Development

2016 ◽  
Vol 9 (5) ◽  
pp. 24
Author(s):  
Ali Ravanan ◽  
Leila Ghashghaei ◽  
Gholam Reza Ghashghaei
Keyword(s):  
Constitutional Law ◽  
The Other ◽  
Legal Institutions ◽  
Power Of Attorney ◽  
Other Hand ◽  
Bar Association

So far, have more written about lawyer, have less successful. Lawyer should be independent. Therefore, autonomy of Bar Association has been seriously proposed. Autonomy of judiciary and judges has always been emphasized in our constitutional law and has been proposed as judiciary should be separate of other powers. Judges shouldn’t be dependent or under power of others. On the other hand, there is no comprehensive and sufficient reference in constitutional law about bar association and judge and power of attorney is considered under people rights. In spite of all emphasis, conception of this deduction is not clear. Attorney autonomy is rooted from various bases and has separate and specific conception other than judgment. Studying principles of constitutional law accurately shows that attorney occupation is not subject of any supervisor principle to judiciary, but just having lawyer in procedural process is a part of people rights. Therefore, law maker shouldn’t see them equal to regulate constitutional law and pit attorney power as judgment under supervision of judiciary.

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