scholarly journals Selected Considerations Regarding the Digitalisation of Criminal Proceedings in Light of the Standards of the Council of Europe: Analysis Taking into Account the Experience of the Current Pandemic

2021 ◽  
Vol 26 (6) ◽  
pp. 55-69
Author(s):  
Karol Karski ◽  
Bartłomiej Oręziak
Keyword(s):  
Artificial Intelligence ◽  
Criminal Law ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
The Third ◽  
Global Pandemic ◽  
Technological Advances ◽  
Administration Of Justice ◽  
National Norms ◽  
Evidence Gathering

Abstract The aim of the article is to prepare an analysis in order to formulate propositions regarding the digitalisation of Polish criminal proceedings as regards the administration of justice. These hypotheses would have merited consideration even pre-pandemic, but they demand even more attention as a result of the pandemic. The pandemic has served to highlight the pre-existing necessity to adapt criminal law to the latest observable technical and technological advances. In light of the above, the first issue to be analysed concerns the conditions, procedures, and possibilities surrounding the collection of evidence electronically, taking into account the most recent relevant guidelines of the Council of Europe. The second issue to be examined will be the adaptation of criminal procedures, including Polish, to the standards stipulated in the Convention of the Council of Europe on Cybercrime of 23 November 2001, in light of national norms regarding evidence gathering. The third issue that will be assessed in this study will be the benefits, risks, or potential of the application of artificial intelligence algorithms in criminal procedure. The consideration of each of the three areas will have regard to the present global pandemic. The article concludes with a concise summary containing the authors’ conclusions and propositions de lege ferenda.

IMPLEMENTATION OF ELECTRONIC MONITORING OF SENTENCED PERSONS IN THE SLOVAK REPUBLIC

2020 ◽  
Vol 10 (5) ◽  
pp. 59-75
Author(s):  
JAROSLAV KLÁTIK ◽  
◽  
LIBOR KLIMEK
Keyword(s):  
Restorative Justice ◽  
Electronic Monitoring ◽  
Slovak Republic ◽  
Pilot Project ◽  
Legal Regulation ◽  
European Level ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Fourth Section ◽  
The Third

The work deals with implementation of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into eight sections. The first section introduces restorative justice as a prerequisite of electronic monitoring in criminal proceedings. While the second section points out at the absence of legal regulation of electronic monitoring of sentenced persons at European level, the third section points out at recommendations of the Council of Europe addressed to European States. The fourth section analyses relevant alternative punishments in Slovak criminal justice. The fifth section introduces early beginnings of implementation of concerned system - the pilot project “Electronic Personnel Monitoring System” of the Ministry of Justice of the Slovak Republic. While the sixth section is focused on Slovak national law regulating electronic monitoring of sentenced persons - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments, the seventh section is focused on further amendments of Slovak national law - namely the Act No. 321/2018 Coll. and the Act No. 214/2019 Coll. The last eight section introduces costs of system implementation and its operation.

scholarly journals Restorative justice as an element of criminal protection of children’s rights

2020 ◽  
pp. 383-386
Author(s):  
Igor Svietlichnyi
Keyword(s):  
Social Work ◽  
Young People ◽  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Representative ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Criminal Protection ◽  
Relevant Work

The article covers the issues of criminal law protection of the rights of minors in criminal proceedings, some problems of implementationof the principles of restorative justice for minors. In the context of social naturalism, the use of restorative justice for minorsis considered.The criminal process is the most traumatic for the psyche of children. A lawyer is the only person without whom it is impossibleto conduct criminal proceedings with a child. Unfortunately, all other people may be absent. In some cases, the child’s parents, next ofkin or legal representatives do not appear in court, and the participation of the appointed legal representative remains formal.As a matter of priority, in order to improve the situation regarding the criminal law protection of the rights of minors, it is expedientto start discussing systemic changes in national legislation and relevant work, including social work, which will create a basis forimproving the protection of juvenile rights in criminal proceedings.In conclusion, it should be concluded that only if all participants in criminal proceedings involving a child fully exercise their rightsand properly perform their duties, the tasks of such criminal proceedings will be performed and the child’s rights will be reliably protected.Given the above, it can be reasonably argued that in the current legislation of Ukraine (as of the date of this article) there areproblems of criminal protection of minors in criminal proceedings, problems of implementation of the principles of restorative justicefor minors, including the issue of exemption from criminal liability. Ways to solve problematic issues are analyzed.Some gaps in legislation that restrict or violate the rights of children in criminal proceedings need further settlement, includingin accordance with Council of Europe priorities. Proposals to improve the legislation include the introduction of the concept of “youngpeople” (up to 21 years) and the expansion of the possibility of releasing young people from criminal liability or punishment in case ofcommitting certain serious crimes.

Bail, Probation and Parole in Belgian Law

1986 ◽  
Vol 14 (3-4) ◽  
pp. 100-110
Author(s):  
George E. Glos
Keyword(s):  
Criminal Law ◽  
Second Phase ◽  
Final Decision ◽  
Criminal Proceedings ◽  
Personal Liberty ◽  
The Third ◽  
Probation And Parole ◽  
Third Phase ◽  
Court Proceedings ◽  
A Minor

Bail, probation and parole have one thing in common, namely, they are devices that enable a person proceeded against criminally to obtain personal liberty from detention. It is significant that each of them falls within one of the three basic phases of criminal proceedings. Bail may be obtained in the first phase extending from the beginning of the proceedings until trial or the final decision on appeal. In the second phase dealing with the final decision, a person may be admitted to probation rather than commited to jail. In the third phase covering the incarceration, a convicted person may be released on parole with respect to the final portion of his imprisonment rather than being kept in prison for the whole term imposed. This seemingly favorable treatment of offenders is based on sound reasoning, namely, since a person must be considered innocent until found guilty in court proceedings, an unnecessary detention prior to trial must be avoided. In the second phase, a minor offense may be punished by a probated sentence, i.e., the term of imprisonment will have to be served only if the person does not comply with the conditions of probation. The favor granted to the offender is designed to guide him out of trouble in the future and encourage him to abide by the law. In the third phase, parole is envisaged as a reward for good conduct and as an incentive to behave well after release. Belgian criminal law has been applying all these principles with success.

scholarly journals Executive Criminal Law / Izvršno krivično pravo

2014 ◽  
Vol 4 (4) ◽  
pp. 132
Author(s):  
Marina Simović ◽  
Dragan Jovašević
Keyword(s):  
Criminal Law ◽  
Legal Theory ◽  
Criminal Proceedings ◽  
Criminal Sanctions ◽  
The Third ◽  
Procedural Law ◽  
Legal Nature ◽  
Penal Law ◽  
Court Proceedings ◽  
The Right

Executive criminal law or the right of execution of criminal sanctions is the third constituent part of the criminal proceedings which logically follows after the substantive criminal law and formal criminal procedural law. Only the proceedings of execution of types and measures of criminal sanctions prescribed by the law and pronounced in court proceedings give the purpose to its prescription, and that is suppression and prevention of criminality. Since this is a new branch of positive criminal (penal) law, the authors, on the basis of domestic and foreign legal theory, have analyzedat this paper the concept, subject, title, function, sources, characteristics, legal nature and location of this branch of criminal law.

Umorzenie postępowania karnego na podstawie art. 59a k.k. – wybrane zagadnienia

2016 ◽  
Vol 14 (1) ◽  
pp. 91-108
Author(s):  
Jarosław Marciniak
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Criminal Proceedings

Discontinuation of proceedings under Article 59a of the Criminal Code is a new institution in Polish criminal law. This article discusses selected issues relating to the premises for the application of Article 59a of the Criminal Code in practice. In view of the use by the legislator in Article 59a of the Criminal Code of concepts with vague meanings, their possible interpretations were proposed. It has been suggested that a rephrasing of the provision in question should be considered, in order to ensure the possibility of applying the said institution to a wider range of misdemeanours, as compensatory discontinuation is intended by the legislator to fulfil the redress function of proceedings and ensure the effectiveness and speed of criminal proceedings

scholarly journals TOWARDS MINIMUM PROCEDURAL GUARANTEES FOR THE DEFENCE IN CRIMINAL PROCEEDINGS IN THE EU

2011 ◽  
Vol 60 (4) ◽  
pp. 1017-1038 ◽  
Author(s):  
Laurens van Puyenbroeck ◽  
Gert Vermeulen
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Criminal Policy ◽  
Fundamental Rights ◽  
The European Union ◽  
Criminal Proceedings ◽  
Judicial Cooperation ◽  
Democratic Rule ◽  
Constitutional System ◽  
The Eu

A critical observer would not deny that the practice of European Union (‘EU’) policy making in the field of criminal law in the past decade since the implementation of the Tampere Programme has been mainly repressive and prosecution-oriented.1 The idea of introducing a set of common (minimum) rules, guaranteeing the rights of defence at a EU-wide level, has not been accorded the same attention as the introduction of instruments aimed at improving the effectiveness of crime-fighting. What does this mean for the future of EU criminal policy? Will the EU succeed in the coming years in developing an area where freedom, security and justice are truly balanced? According to several authors, to date the EU has evolved in the opposite direction. As one observer put it:[I]f Procedural Criminal Law arises from the application of Constitutional Law, or indeed if it may be described as “a seismograph of the constitutional system of a State”, then as a consequence the Procedural Criminal Law of the European Union shows the extent of the Democratic Rule of Law, of the existence of a true “Rechtsstaat”, within an integrated Europe. This situation may be qualified as lamentable, as the main plank of the EU's criminal justice policy relates to the simplification and the speeding up of police and judicial cooperation—articles 30 and 31 of the Treaty of the EU—but without at the same time setting an acceptable standard for fundamental rights throughout a united Europe.2

Case Study Comparison: Limitations in Telehealth Relating to Poverty and Family Support

2021 ◽  
Vol 42 (02) ◽  
pp. 158-164
Author(s):  
Lindsey E. Jorgensen ◽  
Rachel E. Barrett
Keyword(s):  
Family Support ◽  
Pediatric Patients ◽  
Internet Access ◽  
Smart Devices ◽  
Internet Connection ◽  
The Third ◽  
Global Pandemic ◽  
Internet Connections ◽  
Made In

AbstractTelehealth appointments have grown in popularity due to the COVID-19 global pandemic. Three cases presented in this article show several different perspectives where telehealth was utilized. For the first patient, appointments were successfully completed via telehealth; however, the patient's family opted to continue with an unsecure internet connection at a local laundromat. For the second patient, a stable internet connection could not be obtained in his home, thus making telehealth appointments unavailable. The caregiver of this patient ended up driving to the clinic to have adjustments made in person. For the third patient, telehealth appointments were unavailable due to unstable internet connections as well as difficulty setting up video interpreting services. These cases highlight the idea that telehealth can be incredibly beneficial, when used correctly. For some, the option to attend appointments virtually gives them access to specialists that otherwise may not be available. For other patients, aspects such as access to smart devices and steady internet access must be considered to ensure a successful connection. The hope is that this article sheds light on some of the potential setbacks that can come from the use of telehealth appointments in a practice and provides discussion regarding for whom telehealth may be appropriate, even in pediatric patients. After reading this article, readers should be able to discuss ways in which there could be solutions for these barriers that may prevent some patients from utilizing these types of virtual appointments.

ARBITRATION FLASH JUSTICE?

2021 ◽  
Vol 11 (1) ◽  
pp. 60-77
Author(s):  
A.R. SULTANOV
Keyword(s):  
Law Enforcement ◽  
Point Of View ◽  
Judicial System ◽  
Court Decision ◽  
Sources Of Information ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Russian Science ◽  
Administration Of Justice ◽  
External Conditions

In this article, the author attempts to comprehensively consider such a concept as “flash justice”. The study of this concept, new for Russian science, takes place through the prism of law enforcement practice and the use of many illustrative examples of judicial acts, interviews with representatives of the judicial system and other sources of information. The mentioned phenomenon is considered and evaluated from the point of view of not only civil and arbitration, but also criminal proceedings, where examples are more colorful and clear. The author also cites foreign, in particular English, legal experience as an example. Thus, it is noted that a draft judicial act can be prepared by both the court staff, and its individual provisions can be prepared by the parties. At the same time, the existing guarantees related to the prevention of misleading the judge, as the author notes, contribute to the formulation of the draft court decision, which reflects only the objective facts established by the court and meets the criteria of truth and legality. Also, the article indirectly touches on certain retrospective aspects related to the development of the institution of judicial decision, as well as its transformations in the light of the changing external conditions of the administration of justice.

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