scholarly journals The Concepts of Truth and Fairness in Thai Criminal Procedure

2021 ◽  
Vol 24 (1) ◽  
pp. 59-89
Author(s):  
Alexandre Chitov
Keyword(s):  
Legal Education ◽  
Criminal Procedure ◽  
Procedural Fairness ◽  
The Other ◽  
Judicial Discretion ◽  
Legal Norms ◽  
Criminal Procedure Law ◽  
The One ◽  
The Right ◽  
Procedural Rights

This study looks at the principles that shape the structure of the whole of Thai criminal procedure law. It examines how the search for truth is attempted to be reconciled with the idea of a fair trial or procedural fairness. The conflict between the search for truth on the one hand and guaranteeing procedural rights of the accused on the other is particularly problematic in the Thai context. Thai law affirms that some evidence cannot be admissible if it is obtained by a violation of certain procedural norms. At the same time, the law allows judges to admit some unlawfully obtained evidence in the interest of justice. The conflict between various legal norms cannot be solved without permitting judges to exercise broad discretion in striking the right balance between discovering the true facts and protecting the rights of the accused. Thai legal education and practice does not allow a broad judicial discretion in accepting or rejecting evidence on the grounds that it was obtained unlawfully. As a result, there is an attempt to build a sophisticated system of rules to accommodate the interests of justice and fairness in different situations. This system, however, lacks clarity and consistency.

scholarly journals SEKUNDARNI POSITION OF CONSENSUAL PROCEEDINGS

2019 ◽  
Keyword(s):  
Criminal Procedure ◽  
Public Law ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Public And Private ◽  
Legal Norms ◽  
Private Interests ◽  
Criminal Procedure Law ◽  
Court Proceedings ◽  
The Right

The article discusses the situation of civil law and consensus in the criminal process for not serious crimes. The essence of consensual proceedings in the criminal process is determined, its procedural form is disclosed, which includes the agreement of the parties and the grounds for closing the criminal proceedings both at the stage of pre-trial investigation and court proceedings. Considering the division of the right to public and private, on the basis of the consensual provisions of the criminal process, it is necessary to indicate that they have different substances and are divided according to different classification criteria. Based on the general and theoretical provisions of the criminal process, the consensual developments of this work, we can determine that public and private law has two directions, which include the theory of interest and the theory of protection of private interests. In this case, we can talk about the material and formal signs of theoretical modifications, namely, to proceed from the content of regulated relations, which should be based on material conditions. That is, if the norms of public law regulate the interests of a person, then they are built on the material theory. How they regulate and what they regulate, we attribute to the legal norms. The conclusion is that in relation to the construction of legal relations between the subjects of the process, this question can be put on the basis of the content of the subjective right. The criminal process has the authority to interfere with the norms of public law in the private interests of the person, if provided for by criminal law. We believe that the criminal procedure law should take measures to limit the interference of public law in private interests. Based on the analysis of civil procedural legislation, recommendations were given on drafting an agreement in the criminal procedure in the procedural form on compensation for material damage.

scholarly journals Waiver of a Counsel (for the Defense) in a Criminal Procedure

2021 ◽  
Vol 1 ◽  
pp. 29-32
Author(s):  
Vladimir D. Postanyuk ◽  
Keyword(s):  
Criminal Procedure ◽  
The Other ◽  
Specific Time ◽  
Criminal Proceedings ◽  
Relevant Article ◽  
Procedure Code ◽  
Complete Rejection ◽  
Constitutional Right ◽  
The One ◽  
The Right

Provision to the suspect and defendant’s constitutional right to protection is an essential principle of criminal proceedings (article 16 of the code). In the code there are some articles that illuminate the mechanism of participation of the defender in criminal proceedings, this includes: defining the range of persons who can be advocates, fixing specific time, the participation of counsel in the case, an order of protection and other issues. But it is the question of the implementation of the right of the accused (suspect) to refuse to defend and participate in the case of a lawyer that is of fundamental practical and legal importance. There are two possibilities that should be distinguished: on the one hand, complete rejection of the defender in general, and on the other hand, rejection of a specific defender. The refusal of a lawyer in general is provided with a number of restrictions, which are listed in the relevant article of the criminal procedure code. in all other cases, the rule applies that it is possible to refuse to help a lawyer at any time during the criminal proceedings. This article is devoted to the consideration of these issues.

scholarly journals Noziedzīgi iegūtas mantas institūta tiesiskais regulējums Latvijas Republikā starpkaru periodā

2021 ◽  
pp. 364-369
Author(s):  
Daira Sergejeva
Keyword(s):  
Interwar Period ◽  
Basic Principle ◽  
Criminal Procedure ◽  
The Other ◽  
Other Hand ◽  
Criminal Procedure Law ◽  
Third Person ◽  
The Republic ◽  
The Right ◽  
Insight Into

This article provides an insight into the basic principle of the Institute of Criminally Acquired Property during the interwar period in the Republic of Latvia. It is important to mention that nowadays, until the amendments of March 4, 2021 to Section 360 of the Criminal Procedure Law was adopted, if criminally acquired property has been found on a third person and criminally acquired property has been returned to the owner or lawful possessor thereof, a third person was only entitled to compensation. On the other hand, upon the entry into force of the amendments to Section 360 of the Criminal Procedure Law, a third person, similarly to the interwar period, in exceptional cases also has the right to property that has been recognized as criminally acquired.

scholarly journals SOME PROBLEMS OF ENSURING THE PROTECTION OF ATTORNEY-CLIENT PRIVILEGE IN THE CRIMINAL PROCESS OF RUSSIA AND BELARUS

2018 ◽  
pp. 41-43
Author(s):  
E.V. Ezhova
Keyword(s):  
Russian Federation ◽  
The Other ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Regime ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
The Republic ◽  
The One ◽  
The Right

The article deals with the basic guarantees of protection of attorney-client confidentiality in criminal proceedings. A comparative analysis of the legislative norms of the Russian Federation and the Republic of Belarus regulating the legal regime of attorney-client confidentiality is carried out. The article presents the legal positions of the constitutional Court of the Russian Federation on the issue under consideration, which contributed to the amendments to the criminal procedure law of Russia aimed at providing additional guarantees for the protection of attorney-client confidentiality. The author concludes that the practice of application of the rules containing guarantees of protection of attorney-client confidentiality testifies, on the one hand, to the need to strengthen the protection of citizens' rights to ensure the confidentiality of information provided to the lawyer, and, on the other hand, to the importance of preventing abuse of the right to protection by lawyers and their clients

Challenges of Media Education Standards in Georgia

2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Marine Vekua
Keyword(s):  
Working Conditions ◽  
Teaching Methods ◽  
International Standards ◽  
The Other ◽  
Historical Background ◽  
Journalism Education ◽  
Education Standards ◽  
Modern Media ◽  
The One ◽  
The Right

The main goal of this research is to determine whether the journalism education of the leading media schools inGeorgia is adequate to modern media market’s demands and challenges. The right answer to this main questionwas found after analyzing Georgian media market’s demands, on the one hand, and, on the other hand, differentaspects of journalism education in Georgia: the historical background, development trends, evaluation ofeducational programs and curricula designs, reflection of international standards in teaching methods, studyingand working conditions.

The Taubman/Golandsky Approach to the Violin

Public Voices ◽  
2016 ◽  
Vol 12 (2) ◽  
pp. 7
Author(s):  
Sophie Till
Keyword(s):  
The Other ◽  
Technical Approach ◽  
Piano Technique ◽  
Pedagogical Approach ◽  
New Developments ◽  
Body Of Knowledge ◽  
Music Making ◽  
Helping Others ◽  
The One ◽  
The Right

Three years ago Sophie Till started working with pianist Edna Golandsky, the leading exponent of the Taubman Piano Technique, an internationally acclaimed approach that is well known to pianists, on the one hand, for allowing pianists to attain a phenomenal level of virtuosity and on the other, for solving very serious piano-related injuries. Till, a violinist, quickly realized that here was a unique technical approach that could not only identify and itemize the minute movements that underlie a virtuoso technique but could show how these movements interact and go into music making at the highest level. Furthermore, through the work of the Golandsky Institute, she saw a pedagogical approach that had been developed to a remarkable depth and level of clarity. It was an approach that had the power to communicate in a way she had never seen before, despite her own first class violin training from the earliest age. While the geography and “look” on the violin are different from the piano, the laws governing coordinate motion specifically in playing the instrument are the same for pianists and violinists. As a result of Till’s work translating the technique for violin, a new pedagogical approach for violinists of all ages is emerging; the Taubman/Golandsky Approach to the Violin. In reflecting on these new developments, Edna Golandsky wrote, “I have been working with the Taubman Approach for more than 30 years and have worked regularly with other instrumentalists. However, Sophie Till was the first violinist who asked me to teach her with the same depth that I do with pianists. With her conceptual and intellectual agility as well as complete dedication to helping others, she has been the perfect partner to translate this body of knowledge for violinists. Through this collaboration, Sophie is helping develop a new ‘language’ for violinist that will prevent future problems, solve present ones and start beginners on the right road to becoming the best they can be. The implications of this new work for violinists are enormous.”

scholarly journals MAPPING AND ENHANCING DESIGN STUDIES WITH PSI META-THEORETIC DESIGN FRAMEWORK

2021 ◽  
Vol 1 ◽  
pp. 2007-2016
Author(s):  
Yoram Reich ◽  
Eswaran Subrahmanian
Keyword(s):  
Design Research ◽  
The Other ◽  
Design Studies ◽  
Abstraction Level ◽  
Follow Up Studies ◽  
The One ◽  
The Right ◽  
Abstract Framework ◽  
Tools And Methods

AbstractDesign research as a field has been studied from diverse perspectives starting from product inception to their disposal. The product of these studies includes knowledge, tools, methods, processes, frameworks, approaches, and theories. The contexts of these studies are innumerable. The unit of these studies varies from individuals to organizations, using a variety of theoretical tools and methods that have fragmented the field, making it difficult to understand the map of this corpus of knowledge across this diversity.In this paper, we propose a model-based approach that on the one hand, does not delve into the details of the design object itself, but on the other hand, unifies the description of design problem at another abstraction level. The use of this abstract framework allows for describing and comparing underlying models of published design studies using the same language to place them in the right context in which design takes place and to enable to inter-relate them, to understand the wholes and the parts of design studies.Patterns of successful studies could be generated and used by researchers to improve the design of new studies, understand the outcome of existing studies, and plan follow-up studies.

Grotian Moments and Peremptory Norms of General International Law: Friendly Facilitators or Fatal Foes?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
The Other ◽  
High Threshold ◽  
Other Hand ◽  
State Practice ◽  
The One ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms ◽  
Law Making

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.

Probleme de interpretare privind constituționalitatea și capacitatea juridică a subdiviziunilor administrativ-teritoriale

2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
The Other ◽  
Political Regime ◽  
Legal Capacity ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
The Revolution

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."

scholarly journals Overtourism: Between the Right to Travel and Residents’ Rights

2019 ◽  
Vol 11 (7) ◽  
pp. 2138 ◽  
Author(s):  
Dalia Perkumienė ◽  
Rasa Pranskūnienė
Keyword(s):  
Review Paper ◽  
Sustainable Tourism ◽  
The Other ◽  
Integrative Review ◽  
Research Development ◽  
Tourism Research ◽  
Review Analysis ◽  
Preliminary Work ◽  
The One ◽  
The Right

Debates on overtourism, as a challenging phenomenon, are becoming more and more active. The purpose of this integrative review paper is to discuss the right to travel and residents’ rights in the context of overtourism and sustainable tourism, analyzing different scientific and legal sources. The integrative review analysis shows that overtourism and sustainable tourism are important contexts influencing the changing meaning of the right to travel and the right to live. On the one hand, the overtourism context makes the voices of residents more important to be heard, while on the other hand the sustainable tourism context influences the discussion of the right to travel, asking tourist voices to be considered more important. The results of this integrative review also shows the importance of rethinking the concept of sustainability in tourism as a holistic principle of democracy and as a degrowth movement, and opens the broader discussion for future tourism research development. The problem of overtourism could be solved by striving to develop sustainable tourism goals, thus balancing equality between the right to travel and residents’ rights. The presented integrative review paper is a preliminary work; further research is needed in order to find possible concrete solutions for overtourism.

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