scholarly journals HISTORICAL DEVELOPMENT STAGES OF CRIMINAL PROCEDURE IN ANCIENT ROME

2016 ◽  
pp. 0-0
Author(s):  
Нодиржон Хайриев ◽  
Nodirzhon Khayriev
Keyword(s):  
Historical Development ◽  
Legal Status ◽  
Criminal Procedure ◽  
Legal Aspects ◽  
Ancient Rome ◽  
Development Stages ◽  
Procedural Law ◽  
History Of ◽  
Court Proceedings ◽  
Evaluation Of Evidence

This article studies historical-legal aspects of such issues as organization and development of criminal procedure in Ancient Rome, types of criminal procedure in this state, peculiarities of criminal procedure organization on the basis of the Laws of the twelve tables, legal status of officials, reviewing cases, as well as issues of guaranteeing fairness of the courts, specific to the ancient roman legal and institutional framework. Based on the historical development of the state and law, the author presents a different classification of the development stages of Ancient Rome and history of the Roman (Civil) Law. The author pays special attention to studying procedural law aspects, in particular, to the issues of particular characteristics of criminal procedure and judicial examination, evidence law, procedure of instituting court proceedings, hearings of cases in courts and adoption of relevant court decisions. The author conducts thorough analysis of the main stages of a criminal process, which, as the author assumes, consist of two parts — bringing of a suit, evaluation of evidence and documents, checking the accuser’s requirements, as well as reviewing claims under the lawsuit and submitted evidence, judicial examination.

scholarly journals Civil Contract as an Evidence in Avestan Criminal Procedure

2018 ◽  
Vol 50 ◽  
pp. 01230
Author(s):  
Shukhrat Hamroyev ◽  
Aleksey Parfyonov
Keyword(s):  
Retrospective Analysis ◽  
Cultural Values ◽  
Historical Development ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Basic Principles ◽  
Study Results ◽  
History Of ◽  
Court Proceedings ◽  
Civil Contract

The paper considers the statutory concept of the civil contract as a form of evidence used by the ancient Tajiks in Avestan court proceedings, particularly with regard to findings, typology and responsibility for violation of the contract in part of Vendidad. The history of contracts as a form of evidence in Avestan court proceedings is the key component of political and legal institutes within the historical development of Tajikistan, which was characterized by worldview, political and cultural values of the society in a certain era of its development. Therefore, the study of this main institute of criminal proceedings always remains relevant. The study provides the retrospective analysis of the contract as a form of evidence in Avestan court proceedings during the period of the Zoroastrian civilization. The study results in basic principles and ways of implementing the contract as a form of evidence in Avestan court proceedings.

scholarly journals Some Legal Aspects of Abbreviated Trial in Albania

2017 ◽  
Vol 6 (2) ◽  
pp. 144
Author(s):  
Naim Mëçalla
Keyword(s):  
Criminal Procedure ◽  
Legal Aspects ◽  
Point Of View ◽  
Criminal Cases ◽  
Procedural Law ◽  
Judicial Practice ◽  
Procedure Code ◽  
History Of ◽  
The Republic ◽  
First Time

The Criminal Procedure Code of the Republic of Albania, as amended, came as an expression of the society's need for a more effective fight against criminality, a process that should go hand in hand with respect of the human rights and fundamental freedoms. This code, among other things, brought a new concept with regard to the possibility of applying special proceedings, as alternatives to the ordinary proceedings of investigation and judgment in the criminal cases. Thus, after nearly half a century, is reinstated in the Criminal Procedure Code, the special proceedings institute and for the first time in the history of the Albanian procedural law, an abbreviated trial, is foreseen as an alternative judgment. In this context, this paper gives an overview of the abbreviated trial, its legal meaning and the advantages it brings to the parties in particular and to the criminal process in general. The paper also contains a synthesized review of the abbreviated trial, under Albanian legislation and addresses some of the issues of judicial practice, as well as a brief presentation at a practical point of view of the abbreviated trialcases, answering some of the problems arising from the practice.

scholarly journals USE OF SPECIAL KNOWLEDGE DURING THE EXAMINATION OF THE SCENE OF A CRIME IN THE ORDER OF PART 3 ART. 214 OF THE CRIMINAL PROCEDURE CODE OF UKRAINE

2021 ◽  
Vol 74 (1) ◽  
pp. 153-160
Author(s):  
Andrіy Shulha ◽  
◽  
Tetyana Khailova ◽  
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Knowledge And Skills ◽  
Procedural Law ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
Special Knowledge ◽  
The Law

The article deals with the problem of specialist’s participation in the scene examination, which is carried out before entering information into the Unified Register of the pre-trial investigations. The essence of the problem is that the current criminal procedural law of Ukraine recognizes the specialist’s participation only in the pre-trial investigation, the litigation and the proceedings in the case of the commission of an unlawful act under the law of Ukraine on criminal liability. Part 1 of Article 71 of the Criminal Procedure Code of Ukraine states that a specialist in criminal proceedings is a person who has special knowledge and skills and can provide advice and conclusions during the pre-trial investigation and trial on issues that require appropriate special knowledge and skills. In other cases, the specialist has no procedural status. In addition, Part 1 of Article 237 of the CPC of Ukraine «Examination» states that the examination is conducted to identify and record information on the circumstances of the offense commitment. It is an act provided by the law of Ukraine on criminal liability. However, there are the cases in the investigation, when a report is received, for example, about a person's death, other events with formal signs of the offense, which must first be checked for signs of a crime, and only then the act can be considered as offense. In this case, a specialist takes part in the scene examination. However, the current criminal procedure law in accordance with Part 1, Article 71 of the Criminal Procedure Code of Ukraine determines the legal status of a specialist only as the participant in criminal proceedings. The paragraph 10, part 1 of Article 3 of the Criminal Procedure Code of Ukraine defines the criminal proceedings as pre-trial investigation and court proceedings or procedural actions in the case of the commission of an unlawful act. Therefore, when the inspection of the scene is based on the uncertain status of the event (there is no clear information that the event contains signs of an offense), the specialist’s participation is not regulated by law. The authors propose to consider the specialists as «experienced persons» in cases mentioned above and to include their advices to the protocol of the scene examination, as the advices of other scene examination participants.

scholarly journals Legal Status of the Immigration Bureau of Japan

2019 ◽  
pp. 141-147 ◽  
Author(s):  
I. V. Karpova ◽  
K. A. Karpov
Keyword(s):  
State Policy ◽  
Historical Development ◽  
Legal Status ◽  
The State ◽  
Japanese Government ◽  
State Funding ◽  
Cultural Traditions ◽  
Migration Control ◽  
History Of

The paper is aimed at studying the features of the migration legislation of Japan and the study of the legal status of the immigration bureau of this state. Japan is a country that has passed a special path of historical development. In many ways, this specificity was due to the state policy of isolationism. The existing cultural traditions largely determine the attitude of the Japanese government to immigration. The paper studies the history of the formation of migration control authorities of the state in question, the peculiarities of the legal status of the Immigration Bureau of the Ministry of Justice of Japan and its structure, analyzes the powers of the Immigration Bureau employees. The paper also provides information on the size of the Immigration Bureau and state funding of the activities of this body.

scholarly journals Culture and Mentality in East-Nordic Courts

2021 ◽  
pp. 89-106
Author(s):  
Laura Ervo
Keyword(s):  
Historical Development ◽  
Russian Empire ◽  
Court Culture ◽  
History Of ◽  
Court Proceedings ◽  
Historical Resources ◽  
The Russian Empire

AbstractIn this chapter, the East-Nordic, that is Finnish and Swedish, court culture and mentality and its historical, cultural and societal roots are explored. The objective of the chapter is to uncover the mechanisms underlying the East-Nordic court mentality and the hallmarks of Swedish and Finnish court culture, as well as to identify how these processes influence adjudication. Emphasis is put on the historical development of these countries, since Finland was part of Sweden until 1809. After Finland became an autonomous Grand Dutchy of the Russian Empire, it suffered under Russification, whereas Sweden was still part of the western sphere. Even after Finland gained independence in 1917, the history of the two countries has differed to some extent. Therefore, it is interesting to explore the manner in which the differences in history are manifested in contemporary court proceedings. This study is based mainly on comparative and historical resources.

scholarly journals Russian Emigration of the First Wave in Germany: Humanitarian and Legal aspects of Adaptation, 1917-1920s

2020 ◽  
pp. 115-128
Author(s):  
Sergei Sergeevich Ippolitov
Keyword(s):  
Trade Unions ◽  
Legal Status ◽  
Research Process ◽  
Legal Aspects ◽  
Civic Identity ◽  
Legal Assistance ◽  
Host Countries ◽  
Effective System ◽  
History Of ◽  
First Time

The article discusses the activities of Russian humanitarian, professional and public organizations in determining the legal status of Russian migrants in Europe and providing legal assistance to refugees and Russian legal entities in exile in 1917 - 1920s, as well as the trade unions of Russian lawyers in exile and their activities of legal assistance to their compatriots. The author examines the foreign policy of different states concerning the legal discrimination of Russian refugees and the geopolitical context in which the legal integration of Russian emigration took place in the societies of host countries. The study views the Russian humanitarian and legal activity as a factor in preserving the civic identity of these emigrants. The methodological basis on which this research is based is the principles of historicism and systematicity, which imply the application of the chronological method in the research process, as well as the methods of retrospection, periodization and actualization. The article explores for the first time in historiography the little-studied page in the history of Russian emigration: the creation in Germany in the 1920s of an effective system of humanitarian and legal assistance to Russian refugees aimed at clarifying their legal status and restoring the legal existence of Russian commercial enterprises in exile. For the first time in historiography, the author examines the ability of the emigrant community to self-organize in order to assert its rights in a foreign language and foreign culture society.The factors that significantly complicated the Russian emigrants' humanitarian and legal status, thereby also hindering their integration into European society, included: the long irresolution of their legal status; the significant number of legal obstacles; the ineffectiveness of officials with respect to the refugees' actual lack of rights; the legal conflict in international law that arose with the emergence of the Russian emigration phenomenon; and the unprecedented humanitarian and legal crisis of the post First World War period in Europe. Under these conditions, the Russian emigrant community nonetheless managed to develop effective mechanisms to help its compatriots in the legal sphere.

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.

scholarly journals Koncepcja podziału procesu karnego na dwie fazy – 50 lat później

2020 ◽  
Vol 30 (4) ◽  
pp. 11-37
Author(s):  
Bartosz Łukowiak
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Criminal Procedure ◽  
Criminal Trial ◽  
Final Part ◽  
Two Phase ◽  
Functional Link ◽  
Starting Point ◽  
History Of ◽  
Two Phases

This paper aims to answer the question whether the concept of dividing a criminal trial into two phases is still useful now, more than half a century after its last broader analysis. It also attempts to solve some specific problems related to the said analysis. The starting point for the considerations contained in the paper was to look at the concept of a two-phase criminal trial as a purely procedural construction and thus to reject its functional link with any model of substantive criminal law. The first part of the paper discusses the history of the concept of a two-phase criminal trial, as well as some of the arguments put forward by its supporters and opponents. In the course of further deliberations, the focus is on searching for elements of the concept in the current legal status. The final part of the text deals with the question whether and, possibly, in what form the concept of division of jurisdictional proceedings should become an element of the Polish criminal procedure. This is followed by numerous and widely justified de lege ferenda conclusions.

scholarly journals The legal regulation of the preliminary investigation bоdies activities according to UPK Uzbek SSR 1929

2021 ◽  
pp. 226-237
Author(s):  
A. A. Muhitdinov
Keyword(s):  
Public Relations ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Process ◽  
Legal Norms ◽  
Procedural Law ◽  
Stage Of Development ◽  
Procedure Code ◽  
History Of

At the present stage of development of the criminal procedural legislation of the Republic of Uzbekistan, many legal institutions that have a long history of doctrinal development have received normative consolidation. Among them is the institution of participants leading the criminal process at the stage of pre-trial investigation. In the history of Uzbekistan, the activities of these subjects of the criminal process were regulated by numerous normative legal acts, including codified ones. The first Criminal Procedure Code of the Uzbek SSR was adopted in 1926. Soon the Uzbek SSR Criminal Procedure Code of 1929 entered into force. In comparative legal terms, the latter was significantly inferior to the previous one in terms of the degree of detail in the regulation of criminal procedural relations with the participation of pre-trial investigation bodies. Analysis of the content of the legal norms of the Criminal Procedure Code of 1929, regulating the activities of these bodies, allows us to identify features that, from the standpoint of the modern vision of the optimal model of the Criminal Procedure Code of Uzbekistan, are assessed as shortcomings in the legal regulation of the relevant public relations. As such, we can name the following: the CPC does not contain norms defining the sources of criminal procedural law; the code does not provide for a separate chapter devoted exclusively to investigative actions, a detailed description of their procedural form; there is no clear delineation of the competence of the bodies of inquiry and the investigator; the investigator is by law entrusted with supervisory functions that are not characteristic of him in relation to the bodies of inquiry; the Criminal Procedure Code does not include a norm prohibiting persons conducting a preliminary investigation from obtaining evidence by violence, threats, etc.; The Criminal Procedure Code determined the existence of sufficient data, and not evidence, as the basis for the accusation. After being charged, the person acquired the status of a defendant, not an accused; the application of preventive measures, including detention, was carried out by the investigator independently, without the sanction of the prosecutor, which testified to the absence of guarantees of the observance of the right to personal inviolability.

scholarly journals Arrest of Property in Bankruptcy Cases

2019 ◽  
pp. 93-102
Author(s):  
Oleksandr Biryukov
Keyword(s):  
Legal Status ◽  
Bankruptcy Law ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Legal Remedy ◽  
Procedural Code ◽  
Court Proceedings ◽  
The Right ◽  
Court Practice

This article focuses on the analysis of certain aspects of the application of security measures in liquidation procedure governed by Bankruptcy Law. Arrest of property (according to Ukrainian legislation terminology — a seizure of property) as a temporary tool of enforcing future court decisions is a fairly popular legal tool to protect the parties’ property interests in money disputes. In modern court practice application of this legal remedy creates some difficulties, particularly, in bankruptcy cases. When administering these cases, the judges sometimes consider petitions regarding imposing arrests of property or freeing restrictions over the property imposed in civil, administrative and criminal cases. In such situations, there is a need to answer a question whether the commercial court in a bankruptcy case has a power to free arrests or other restrictions on using the property imposed by other courts. Current legislation i.e. both procedural law and bankruptcy law does not contain clear rules on how the judges should aсt in such situations. Different approaches to the application of bankruptcy proceedings regarding arrest of property influence the court practice in general. Some economic courts establish that the release of the debtor’s assets from bans and arrests during the bankruptcy proceeding is totally in accordance with the current law, other courts rule that commercial procedural code does not allow to free property from arrest imposed, for example, in civil cases as this arrest is done by civil procedural law. Arrests attached in the criminal proceedings have different nature and purpose. It is known that in most cases in the criminal law property arrest serves as means to ensure possible future confiscation of property that may have been obtained in an illegal way. During such court proceedings a special review is conducted in order to discover whether property in acquired legally. Therefore, in order to cancel arrest of the property the procedure should be exercised in accordance with the rules of the criminal proceedings. However, while imposing new arrests of property in criminal proceedings it should be taken into account that the legal status of a person who was declared bankrupt has changed, i.e. he is deprived of the right to dispose the property which becomes a subject for sale at public tenders. The main conclusion of this article is that existence of certain different approaches to application of security measures in different court proceedings can be explained by the fact that during the development of procedural laws the nature of insolvency relations and the peculiarities of the legal mechanisms used in bankruptcy cases were not fully taken into account.

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