scholarly journals The Disciplinary and Criminal Liability of Judges in Poland. A Criminalistics Study of Cases of Disciplinary and Criminal Liability of Judges in the Years 2010–2018

2020 ◽  
Vol 11 ◽  
pp. 293-320
Author(s):  
Małgorzata Hrehorowicz
Keyword(s):  
Supreme Court ◽  
Criminal Liability ◽  
Criminal Cases

The article presents basic findings about the disciplinary and criminal liability of common courts judges in Poland. These findings are presented from a criminalistics perspective. The article provides data on the following issues: the basics of the disciplinary and criminal liability of judges, the number of disciplinary cases of judges in the years 2010–2018 and the number of criminal cases of judges in the years 2001–2017, categories of the disciplinary violations and crimes committed, decisions taken in cases of disciplinary violations, and imposed penalties. The article is based on an examination of Supreme Court verdicts issued in disciplinary cases of judges and data provided by the Ministry of Justice

Resolution No. 48 of the Plenum of the Supreme Court of the Russian Federation of November 26, 2019, “On the Practice of the Courts’ Application of Legislation on Liability for Tax Crimes”: An Analysis of the Main Novels

2021 ◽  
pp. 18-24
Author(s):  
Igor O. Tkachev ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Tax Evasion ◽  
Critical Analysis ◽  
Criminal Liability ◽  
Criminal Code ◽  
Current Version ◽  
Criminal Cases ◽  
The Supreme Court ◽  
The Russian Federation

The article provides a critical analysis of a number of provisions of the Resolution No. 48 of the Plenum of the Supreme Court of the Russian Federation of November 26, 2019, “On the practice of the courts’ application of legislation on liability for tax crimes”. The author notes that the current version of the decree allows considering tax evasion as a formal crime. Thus, the Supreme Court of the Russian Federation laid down the preconditions for classifying tax evasion as a continuing crime, which would significantly reduce the number of criminal cases terminated due to the expiration of the statute of limitations for criminal liability. The author also draws attention to the refusal of the Supreme Court to define the category “concealment of funds or other property” for the purposes of applying Art. 199.2 of the Criminal Code of the Russian Federation. It is noted that such a refusal may lead to a broader interpretation by the courts of this criminal law norm.

scholarly journals SINKRONISASI PENANGANAN PERKARA PIDANA YANG DILAKUKAN OLEH SUBJEK HUKUM KORPORASI

2017 ◽  
Vol 2 (1) ◽  
pp. 67-89
Author(s):  
Wahyu Priyanka Nata Permana
Keyword(s):  
Supreme Court ◽  
Criminal Liability ◽  
Attorney General ◽  
Secondary Data ◽  
Qualitative Approach ◽  
Criminal Cases ◽  
The Supreme Court ◽  
Secondary Data Sources ◽  
The Republic ◽  
Legal Subjects

Korporasi dalam peraturan perundang-undangan di Indonesia telah ditempatkan sebagai subjek hukum tindak pidana yang dapat dimintai pertanggungjawaban pidana. Dalam praktek penanganan perkara pidana yang melibatkan korporasi sebagai subjek hukum masih menemui kendala dalam prosedur dan tata cara pemeriksaan korporasi sebagai pelaku tindak pidana, oleh karena itu Mahkamah Agung RI dan Jaksa Agung RI mengeluarkan pedoman penanganan perkara tindak pidana oleh korporasi. Penelitian ini bertujuan untuk melihat sinkronisai antara Peraturan Mahkamah Agung RI dengan Peraturan Jaksa Agung RI. Metode penelitian yang digunakan adalah yuridis normatif dengan pendekatan kualitatif serta sumber data primer dan sekunder. Adapun hasil penelitian menunjukkan adanya keseragaman dalam sebagian besar penangangan perkara pidana dalam Peraturan Jaksa Agung dengan Peraturan Mahkamah Agung, tetapi dalam pelaksanaan putusan pidana terhadap korporasi terdapat perbedaan ketika korporasi tidak membayar pidana denda dan harta korporasi tidak mencukupi untuk membayar denda tersebut. Terhadap hal-hal yang tidak diatur oleh Peraturan Jaksa Agung, berkenaan pemeriksaan terhadap korporasi dalam hal terjadi peleburan, penggabungan, pemisahan dan proses pembubaran korporasi telah termuat dalam Peraturan Mahkamah Agung.Corporations in the Indonesian legislation have been placed as criminal liability subject. In practice the handling of criminal cases involving corporations as legal subjects still encounters obstacles in the procedures and procedures of corporation examination as perpetrators of criminal acts, Therefore the Supreme Court of the Republic of Indonesia and the Attorney General of Indonesia issued guidelines for handling criminal cases by corporations. This study aims to see the synchronization between the Regulation of the Supreme Court and the Attorney General's Regulation. The research method used is normative juridical with qualitative approach as well as primary and secondary data sources. The results of the study indicate the existence of uniformity in the majority of criminal case handling in the Attorney General's Regulation with the Supreme Court Regulation, but in the execution of criminal verdict against the corporation there is a difference when the corporation does not pay the fine, and the corporation's property is not sufficient to pay the fine. In respect of matters not governed by the Attorney General's Regulation, concerning the examination of the corporation in the event of a merger, merger, separation and dissolution process of the corporation has been contained in the Supreme Court Regulation

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

FINALITY OR FAIRNESS?

2014 ◽  
Vol 73 (3) ◽  
pp. 477-480
Author(s):  
Stephen Heaton
Keyword(s):  
Supreme Court ◽  
Resource Constraints ◽  
Criminal Cases ◽  
The Supreme Court

THE finality of proceedings, resource constraints, a presumption of guilt, and the existence of the Criminal Cases Review Commission (“CCRC”) all combine to outweigh the principle of fairness for a convicted individual. Such was the stark conclusion of the Supreme Court in dismissing Kevin Nunn's application to force prosecution authorities to grant access to material which he believed would help him get his conviction quashed: R. (Nunn) v Chief Constable of Suffolk Constabulary [2014] UKSC 37, [2014] 3 W.L.R. 77.

scholarly journals Some psychological impacts on judging in criminal cases within the Supreme Court of Cassation of the Republic of Serbia

2020 ◽  
Vol 25 (2) ◽  
pp. 13-28
Author(s):  
Dragutin Avramović
Keyword(s):  
Public Opinion ◽  
Supreme Court ◽  
Criminal Cases ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Psychological Impacts ◽  
The Republic ◽  
The Relationship ◽  
Media Pressure

Following hypothesis of Andrew Watson, American professor of Psychiatry and Law, the author analyses certain psychological impacts on behavior of judges and examines the relationship between their idiosyncrasies and their judicial decisions. The survey encompasses the judges of Criminal Department of the Supreme Court of Cassation of the Republic of Serbia and, also, for comparative reasons, the judges of Criminal Department of the First Basic Court in Belgrade. Considering the main issues there is no great discrepancy between answers given by the judges of the Supreme Court and those of the Basic Court. Most responses of the Serbian judges deviate from Watson's conclusions, namely: they do not admit that they feel frustrated due to heavy caseloads, the significant majority of judges are reluctant to acknowledge their prejudices and influence of biases on their ruling, the significant majority of judges are not burdened with the idea of possible misuse of their discretion, they nearly unanimously deny that public opinion and media pressure affect their rulings, etc. Generally, the judges in Serbia are not willing to admit that they cannot always overcome their own subjectivities.

scholarly journals Glosa do wyroku Sądu Najwyższego z dnia 17 października 2018 r. (II KK 73/18)

2020 ◽  
Vol 29 (1) ◽  
pp. 291
Author(s):  
Cezary Kulesza
Keyword(s):  
Supreme Court ◽  
Criminal Liability ◽  
Civil Law ◽  
Complex Behaviour ◽  
The Supreme Court ◽  
Bank Employees ◽  
The Impact

<p class="PreformattedText">The gloss refers to the problem of the impact of bank employees’ performance on borrowers’ liability for fraud. The author approves the view formulated in the thesis of the Supreme Court that the employees of the injured bank were obliged to exercise special diligence in checking the accuracy of the documents submitted by the accused necessary to obtain a loan. The position taken by the Supreme Court in the commented judgement can be considered as at least a partial departure from the previous jurisprudence of the Supreme Court accepting that the victim’s contribution to the occurrence of fraud is not relevant to the responsibility of the perpetrators. The author, starting from the results of victimological research, accepts the view that the basis of criminal liability for fraud is the complex behaviour of the perpetrator (extraneous) and representatives of the injured bank (intraneus) and their mutual activity. In the last part of the commentary, the author indicates the specific obligations of banks when granting loans. He also emphasizes the inclusion in civil law of the victim’s contribution to damage as a basis for its mitigation.</p>

scholarly journals The use of digital communication technologies in the context of a pandemic as a way to improve the effectiveness of justice

2021 ◽  
Vol 7 (1) ◽  
pp. 95-101
Author(s):  
E. V. Smakhtin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Information Technologies ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Federal Constitutional ◽  
The Russian Federation

The article deals with the peculiarities of the activity of courts in making judicial decisions in the context of a pandemic. First of all, we are talking about the wider use of digital and information technologies in criminal proceedings, which have previously been repeatedly recommended by forensic science for implementation in judicial practice. Some recommendations of criminalistics are currently accepted by the Presidium of the Supreme Court of the Russian Federation in its Decision dated April 08, 2020 № 821 and Review on certain issues of judicial practice related to the application of legislation and measures to counteract the spread of a new coronavirus infection (COVID-19) in the territory of the Russian Federation № 2, which provided appropriate explanations for their use in practice. In particular, we are talking about the possibility of using video conferencing systems for certain categories of criminal cases and materials that are considered urgent, although this is not provided for in criminal procedure legislation. It is concluded that it is necessary to change the current criminal procedure legislation, bring it into line with the Constitution of the Russian Federation, federal constitutional laws, federal laws and subordinate regulatory legal acts, including orders of the Judicial Department under the Supreme Court of the Russian Federation.

scholarly journals Novels of the Criminal Code on responsibility for abusesin public procurement: background and problems of qualification

2018 ◽  
pp. 34-43
Author(s):  
A. Ya. Asnis
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Public Procurement ◽  
Criminal Liability ◽  
Criminal Code ◽  
Federal Law ◽  
Service Contract ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Contract Managers

The article deals with the criminological grounds and background of the adoption of the Federal law of April 23, 2018 № 99-FZ, which introduced criminal liability for abuse in the procurement of goods, works and services for state or municipal needs (Art. 2004 of Criminal Code of the Russian Federation) and for bribery of employees of contract service, contract managers, members of the Commission on the implementation of the procurement of persons engaged in the acceptance of the delivered goods, performed works or rendered services, other authorized persons, representing interests of customer in the scope of the relevant procurement (Art. 2005 of the Criminal Code).The author formulates private rules of qualification of the corresponding crimes and differentiation of their structures from structures of adjacent crimes and administrative offenses. The necessity of changing the position of the legislator regarding generic and direct objects of these crimes, the adoption of a special resolution of the Plenum of the Supreme Court of the Russian Federation to explain the practice of applying the relevant innovations.

scholarly journals Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)

2020 ◽  
Vol 3 (1) ◽  
pp. 78-84
Author(s):  
Akalafikta Jaya ◽  
Triono Eddy ◽  
Alpi Sahari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Liability ◽  
Criminal Case ◽  
Criminal Cases ◽  
Criminal Convictions ◽  
Criminal Offenses ◽  
The Law

In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.

Sign in / Sign up

Export Citation Format

Share Document