Vanishing Themes of Indian Victim Compensation Law: An Exploration

2019 ◽  
Vol 2 (2) ◽  
pp. 226-235
Author(s):  
Unanza Gulzar
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
Procedure Code ◽  
Victim Compensation ◽  
The Government ◽  
Definition Of ◽  
Compensation Law ◽  
Oriented Approach

Reorganization towards a restorative criminal justice scheme in India was undertaken based on an amendment made to the Criminal Procedure Code (CrPC) of 1973 in 2008. The said amendments were conceded by the Government of India in order to advance the country’s antiquated criminal laws. However, the main problem was keeping the definition of victim stagnant when, in fact, changes relating to victim and, further, reorganizing obsolete laws which have connection with the laws relating to compensation to victims continue. Unfortunately, another difficulty was that the existing laws on determination of victim compensation leave it to the sole discretion of authorities provided under the CrPC. This article highlights that the provisions in the CrPC after the new changes are more general in their attitude of addressing predicament of victims. Yet the irregularity with which the sections are appealed by the judiciary in an effort to accomplish victim fairness and lessen the griefs of the victim would reduce these laws as futile and be the dwindling theme of victim compensation laws in India. Moreover, this article emphasises that some minor developments which occurred in the field of compensation to victims have no doubt reduced an accused-oriented approach, but at the same time there were still numerous lacunae left in this field. Last but not the least, the article focuses on the interface between victim compensation laws and evaluation of victim compensation–amended laws.

scholarly journals The Right of the Accused to Compensation in the Iranian Criminal Justice System

2018 ◽  
Vol 1 (1) ◽  
pp. 76
Author(s):  
Mansour Rahmdel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Penal Code ◽  
Procedure Code ◽  
The Government ◽  
The Right ◽  
International Conventions ◽  
Rule Out

<em>Normally, the right to compensation refers to the victim’s compensation. The legislator also typically refers to the right to it, as the Iranian Criminal Procedure Code has done so in articles 14 and 15. But the present paper, refers not to the victim’s, but the accused right. The Criminal Procedure Code of 1912 and 1999 referred to the possibility of compensating the accused by the iniquitous private complainant. However, none of them referred to the government’s obligation to compensate to the innocent accused. In contrast, the Penal Code of 2014 stipulates the government’s obligation to compensate the defendant for damages, but does not rule out the possibility of compensation by iniquitous complainant. Certainly, it does not exempt the complainant to compensation. Reaffirming the responsibility of the government to offset the losses of innocent accused, in line with international conventions, is one of the highlights of the new code. But the lack of compensation for unjustified detention is one of the gaps in the new code. This paper proposes that the Iranian new code of criminal procedure, serves as a development in respecting the accused right in creating comprehensive compensation schemes.</em>

CRIMINAL PROCEDURE ISSUES OF THE STATUS OF A PRIEST AS A PARTICIPANT IN CRIMINAL PROCEEDINGS

2021 ◽  
Vol 7 (4) ◽  
pp. 183-195
Author(s):  
Sergey V. BOLOTIN ◽  
Natalia V. SIDOROVA
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Terra Incognita ◽  
Procedure Code ◽  
Scientific Disciplines ◽  
The Status ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of

The article is devoted to one of the undefined terms used in the Criminal Procedure Code of the Russian Federation — “priest”. The relevance and novelty of this study is due to the fact that, in practice, this issue is terra incognita not only in the science of criminal procedure, but also in related scientific disciplines. The purpose of the current work is to try to identify approaches to defining the content and essential features of this concept. The article presents historical and factual moments that reveal the essence of the main carriers of religious functions on the example of four confessions operating in Russia. On the basis of comparative, etymological, logical methods of analysis of the powers and appointment of various representatives of the main religions in Russia, the authors make such conclusion that it is impossible to use the term “priest” in an equal sense for all the studied confessions. The authors of this article also propose a definition of the investigated term in the Criminal Procedure Code of the Russian Federation, as well as determine the corresponding body of the Government of Russia, which could be entrusted with the responsibility of officially interpreting the terminology on this issue.

scholarly journals TO THE QUESTION ABOUT THE CONCEPT «PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS»

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 89-93
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Procedural Costs ◽  
The Russian Federation ◽  
Definition Of ◽  
Article 5

The article is devoted to the issues of formulating the definition of such a criminal procedural concept as «procedural costs». Emphasizing the importance both for science and for law enforcement of clarity and clarity when formulating the definition of criminal procedural concepts, the authors point out that the formulation of this concept present in the current Criminal Procedure Code of the Russian Federation is far from being improved. Having studied the opinions on this issue of the Constitutional Court of the Russian Federation, a number of procedural scholars, the authors propose their own version of the definition of the concept of «criminal procedural costs» with its allocation in a separate paragraph of Article 5 of the Criminal Procedure Code of the Russian Federation.

scholarly journals Kedudukan Alat Bukti Website dalam Penanganan Tindak Pidana Terorisme (Studi Putusan Nomor 140/PID.SUS/2018/PN.JKT.SEL)

2020 ◽  
Vol 1 (1) ◽  
pp. 130-134
Author(s):  
Gemaya Wangsa ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Wayan Arthanaya
Keyword(s):  
Digital Media ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Electronic Evidence ◽  
Procedure Code ◽  
Valid Evidence ◽  
Device Classification ◽  
Article 5 ◽  
Case Number

The development of information technology and correspondence resulted in a shift in the format of print media to digital media, so that this growth was followed by the continuation of the development of a new criminal class that rode digital media in criminal acts of terrorism. This study aims to determine the regulations for the use of website evidence and the position of using website evidence in handling terrorism crimes in case number 140 / Pid.Sus / 2018 / PN.Jkt.Sel. This research uses a normative legal exploration method whose data comes from the determination related to the use of website evidence in Article 184 of the Criminal Code. The results of the research show that the determination of the exploitation of website evidence, which when based on Article 184 of the Criminal Procedure Code, means that electronic material is not classified as an abash instructional device classification, but if it is based on statutory regulations in a special crime, the electronic evidence media has resistance as a valid evidence, this can be seen in the provisions of Article 5 paragraph (1) of the ITE Law which are reaffirmed in the provisions of Article 44 of the ITE Law. Utilization of electronic evidence in the process of evidence in court is sourced from website evidence in law enforcement for criminal acts of terrorism in the Case Number 140 / Pid.Sus / 2018 / PN.Jkt.Sel scandal. Criminal Procedure, especially Article 184 of the Criminal Procedure Code, but has a judicial guideline that the judge cannot refuse to explore and decide the matters brought against him, provided that the law is unclear or non-existent, then the judges' rules should expose the meaning of continued and continuous law in the consortium, up to the provisions as contained in the ITE Law which regulates electronic instruction instruments as valid instruction devices.

scholarly journals ISSUES AND PROSPECTS FOR IMPROVEMENT IN SIMPLIFYING THE PRE-TRIAL INVESTIGATION

2021 ◽  
Vol 75 (2) ◽  
pp. 132-139
Author(s):  
Andriy Vorobey ◽  
Keyword(s):  
Legal Status ◽  
Full Range ◽  
Practical Importance ◽  
Criminal Procedure ◽  
Negative Consequences ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Moment ◽  
Definition Of ◽  
National Police

The article deals with the problematic issues of pre-trial investigation of criminal offenses, under investigation by the units of the National Police of Ukraine, have not been studied in the scientific literature. The author of the article points out the problems of the legal status of a head of an inquest body, the author's definition of this term is given and proposed changes to the current criminal procedural legislation, which should eliminate legal gaps. Considered the inconsistencies of the current criminal procedural legislation in terms of regulating the order of attachment for seizure of the property during the pre-trial investigation of criminal offenses. Analyzed judicial practice on this issue and proposed changes to legislation according to the needs of practice. The drawbacks are noted in establishing the terms of pre-trial investigation of criminal offenses, which are caused by the need to conduct psychiatric and other forensic examinations, it is proposed to provide in the Criminal Procedure Code of Ukraine for an inquiry period of 2 months from the moment a person is informed of suspicion. The author's specified legal inconsistencies in the issue of regulating the conduct of a search during an inquiry, it is indicated that there is a need to standardize Articles 234–236 of the Criminal Procedure Code. Due to fact that the activities of the inquest bodies of the National Police of Ukraine are noticeably inefficient, it is proposed to introduce a shortened inquiry procedure in order to implement the principle of economy in the criminal process and saving resources used during the pre-trial investigation.The current procedural form of criminal investigation in Ukraine provides for the need to conduct a full range of investigative and procedural actions in a short time, even for obvious criminal offenses, when the suspect unequivocally pleads guilty and compensates for the damage, which has negative consequences. The introduction of an abbreviated procedure for inquiry is possible only for a clearly defined range of criminal offenses, the legislation must approve guarantees to ensure the rights of suspects from law enforcement abuses and the criteria under which an abbreviated form of inquiry is impossible. The study of the possibility of implementing an abbreviated order of inquiry is of practical importance and is an important area for further study.

scholarly journals Eavesdropping in the Iranian Criminal Justice System

2018 ◽  
Vol 5 (2) ◽  
pp. 60
Author(s):  
Mansour Rahmdel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Penal Code ◽  
Exact Nature ◽  
Human Beings ◽  
Procedure Code ◽  
The Individual ◽  
Full Protection

That the individual shall have full protection in person is a principle as old as the human beings life, but it has beenfound necessary from time to time to define anew the exact nature and extent of such protection. As civilizationadvanced, an individual’s feelings and intellect, as well as his physical being, came within the scope of the legal“right to be let alone.”Iranian Constitution has guaranteed individual’s rights and freedom and has explicitly referred to forbiddance ofeavesdropping and interception of conversations in its article 25. Article 582 of Penal Code ratified in 1996 hascriminalized eavesdropping by the governmental officials. Article 104 of Criminal Procedure Code, which wasabolished in 2014, referred to eavesdropping under the judge’s order. Article 150 of new criminal procedure coderatified in 2014, and came into force in October 2014, has provided adequate safeguards to protect the individual’srights.

scholarly journals Policy Formulations of the Fisheries Criminal Act: An Investigation of the Authority of the Criminal Justice System in Indonesia

2014 ◽  
Vol 2 (1) ◽  
pp. 165
Author(s):  
Deassy J. A. Hehanussa ◽  
Koesno Adi ◽  
Masruchin Ruba’i ◽  
Pridja Djatmika
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Civil Servant ◽  
Maritime Security ◽  
Public Prosecutor ◽  
Procedure Code ◽  
National Police

Law enforcement implementation of fisheries criminal act especially for investigation based on Article 73 (1) of Law No. 45 of 2009 is executed by Fishery Civil Servant Investigator (PPNS), Investigator of Indonesian Navy officer and/or Investigator of Indonesian National Police. This investigation authority is called as attribution authority meaning that the authority is granted by the order of law. This regulation grants the same authority to these three institutions to investigate and submit their investigation report to public prosecutor without any cohesive system in its implementation. If it is linked to Law No. 8 of 1981 as an illustration of criminal justice system of Indonesia which is referred as the basis of common and specific criminal law enforcement, it emerges juridical weakness as a consequence of regulation inconsistency including conflict of norm between Criminal Procedure Code (KUHAP) and Fisheries Act. This inconsistency emerges conflict of authority among those investigators and emerges law indeterminacy. Hence, reformulate investigation authority of fisheries criminal act needs to be conducted along with paying attention on waters territory of Indonesia upon Law No. 6 of 1996 about Waters Territory of Indonesia despite law enforcement mechanism which had to be enforced corporately. This study result concludes that inconsistency of investigation authority formulation in fisheries criminal act in criminal justice system not only emerges fuzziness of norm but also conflict of norm between Law No. 8 of 1981 about Criminal Procedure Code and Law No. 45 of 2009. This emerges because there is an overlapping of investigation authority among 3 institutions, i.e., Fishery Civil Servant, Indonesian Navy and the Police. Formation team of Indonesian Maritime Security Coordinating Board (Bakorkamla) only has an authority as coordinating function. Hence, to maximize the law enforcement in the ocean, function of Indonesian Maritime Security Coordinating Board should be improved as a coordinator of law enforcement in ocean territory of Indonesia.

scholarly journals ДЕЯКІ ПРОБЛЕМИ ТИМЧАСОВОГО ВИЛУЧЕННЯ ТА АРЕШТУ МАЙНА ЯК ЗАХОДІВ ЗАБЕЗПЕЧЕННЯ КРИМІНАЛЬНОГО ПРОВАДЖЕННЯ

2019 ◽  
Vol 13 ◽  
pp. 520-528
Author(s):  
І. В. Гловюк
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
Definition Of

Стаття присвячена дослідженню проблемних питань застосування тимчасового вилу­чення майна та арешту майна як заходів забезпечення кримінального провадження із урахуванням наявної судової практики. Указано та обґрунтовано некоректність норма­тивного визначення тимчасового вилучення майна. Відмічено прогальність нормативного визначення арешту майна в аспекті об'єктів, на які може бути накладено арешт. Сфор­мульовано пропозиції щодо внесення змін та доповнень до ч. 1 ст. 167 КПК щодо ви­значення поняття «тимчасове вилучення майна» та ч. 1 ст. 170 КПК щодо осіб, на майно яких може бути накладено арешт.   The article is dedicated to the research of problematic issues of exercise of temporary seizure of property and arrest of property as means for ensuring criminal proceedings considering relevant judicial practices. Author mentioned and justified his point of view regarding incorrectness of the normative definition of seizure. Author also indicated whitespaces of the regulatory definition of arrest of property in the aspect of objects that may be the subject for the arrest. Proposals for amendments and additions to the part 1 of the Art. 167 of the Criminal Procedure Code regarding the definition of «temporary seizure of property» and part 1 of the Art. 170 of the Criminal Procedure Code regarding the scope of persons whose property may be arrested have been made.

scholarly journals REKONSEPTUALISASI TAFSIR ASAS PRADUGA TAK BERSALAH

2018 ◽  
Vol 4 (1) ◽  
Author(s):  
A. Saiful Aziz
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Procedure ◽  
Presumption Of Innocence ◽  
Legal Basis ◽  
Preventive Effort ◽  
Procedure Code ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Basic Philosophy

ABSTRAK            Asas praduga tak bersalah dianggap  hanya  untuk  dan  berlaku bagi kegiatan yang berkaitan  dengan  proses  peradilan pidana. Sehingga terjadi ketidakpedulian masyarakat terhadap asas tersebut. Asas  praduga tak bersalah  di  Indonesia  dulu terdapat  di  dalam  Pasal 8 Undang-Undang No. 14 Tahun 1970 tentang Ketentuan-Ketentuan Pokok Kekuasaan Kehakiman. Meskipun tidak secara eksplisit menyatakan hal yang sama, asas tersebut  diutarakan  di  dalam  Pasal 66 Undang-Undang No.8 Tahun 1981 tentang Kitab Undang-Undang Hukum Acara Pidana (KUHAP).Penegakkan hukum merupakan salah satu upaya untuk menciptakan tata tertib, keamanan dan ketentraman dalam masyarakat, baik itu merupakan usaha pencegahan maupun merupakan pemberantasan atau penindakan setelah terjadinya pelanggaran hukum. Untuk mencapai sasaran tersebut maka peraturan perundang-undangan menjadi dasar hukum bagi langkah dan tindakan dari penegak hukum harus sesuai dengan dasar falsafah negara dan pandangan hidup Bangsa Indonesia yaitu Pancasila dan Undang-Undang Dasar 1945 (UUD 1945). Dengan demikian, Perlunya rekonseptualisasi atas tafsir asas praduga tidak bersalah (presumption of innocence) yang selama ini dianut KUHAP.        Kata kunci: Tafsir, Asas, Praduga tidak Bersalah.                                               AbstractThe principle of innocence presumption is presumed only for and applicable to activities relating to the criminal justice process. So there is a lack of concern for the community towards the principle. The principle of innocence presumption in Indonesia was previously contained in Article 8 of Law no. 14 of 1970 on the Basic Provisions of Judicial Power. Although it does not explicitly state the same, the principle was articulated in Article 66 of Law No.8 Year 1981 on the Criminal Procedure Code (KUHAP).Law enforcement is one of the efforts to create order, security and peace in society, whether it is a preventive effort or is the eradication or repression after the violation of law. To achieve these targets, the legislation should be the legal basis for the actions and actions of law enforcers to be in accordance with the basic philosophy of the state and the Indonesian life view of Pancasila and the 1945 Constitution (1945 Constitution). Thus, the need for a reconceptualization of the interpretation of the presumption of innocence principle adopted by the Criminal Procedure Code.Keywords: Tafsir, Principle, Presumption Presumption of Innocence

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