scholarly journals CONSIDERATIONS RELATING TO CERTAIN ASPECTS OF THE APPEAL IN THE CRIMINAL PROCEDURE

2016 ◽  
Vol 10 (2) ◽  
pp. 12-18
Author(s):  
Barbu Denisa
Keyword(s):  
Preventive Measures ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Judicial Control ◽  
Legal Remedies ◽  
The One ◽  
The Right ◽  
Judicial Error ◽  
Criminal Matters

The appeal constitutes a judicial mechanism made available to consumers and to the Prosecutor that aims straight for errors committed by a Court of law in its approach of jurisdiction. The term judicial error must be understood in this context as defined in its broad, drawing together both errors of fact and errors of law. Therefore, the appeal is made for the one dissatisfied with the Court decision as a veritable juridical panacea.The role of the right of appeal is not limited to conferring the possibility of requesting a new retrial of the case. They serve the interests of private individuals higher interests, being accused of public order needs. Thus, the existence of remedies is required by principles such as finding out the truth, the right to a fair trial and the reasons for the population’s confidence in the judiciary or the respect due to justice.The new code of criminal procedure1 has reformed the system of appeal may be exercised in criminal matters, giving them a generous space between regulators, art. 408 and 470. We meet thus, in penal matters, the following remedies: appeal, opposition, and cancellation, opposition in cassation, review and reopening of criminal trial resulting from the absence of the person convicted. Distinct from these, we encounter the complaint which may be made against preventive measures (judicial review and judicial control on security) prepared by the Prosecutor during criminal proceedings and which is addressed to judge rights and freedoms. Still exemplifying, we may meet and demand the cancellation or reduction of the fine, governed by art. 284 of NCPP, and the examples do not stop there. We must note that, in our opinion these latter examples may be considered legal remedies only in the usage of the term largo sensu „remedy”. From the etymological point of view, the appeal originates in French, designating a claim appel, a calling application, a request etc. addressed to persons or institutions in order that the latter to settle claims by the appellant.

scholarly journals Application of preventive measures in the criminal process: current issues

2020 ◽  
pp. 122-126
Author(s):  
V.S. Suslova ◽  
O.I. Tyshchenko
Keyword(s):  
Preventive Measures ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Provisions ◽  
Procedure Code ◽  
Wide Range ◽  
Definition Of ◽  
The Right ◽  
Criminal Matters

The article is devoted to the research of topical issues of application of the institute of preventive measures in criminal proceedings on the basis of the analysis of normative provisions of the current criminal procedure legislation and law enforcement practice. It is emphasized that the Criminal Procedure Code of Ukraine 2012 (hereinafter - the CPC of Ukraine) provides for an updated system of preventive measures, unlike the CPC of 1960. Attention is drawn to the degree of restriction of human rights and freedoms in the application of preventive measures. The purpose of this article is to analyze topical issues regarding the grounds and procedural order for the application of preventive measures in criminal proceedings and to offer optimal ways of solving them. The author has come to the conclusion that at this stage criminal procedural legislation in terms of regulation of preventive measures needs improvement. The article investigates the types and reasons for choosing preventive measures, which determined the author's position on the need to consolidate at the legislative level the definition of the term "preventive measures". The scientific positions of different authors on the issues related to the application of preventive measures are analyzed, in particular, the views of the processional scientists on the concept of "preventive measures". This made it possible to demonstrate the existence of a rather wide range of scientific proposals for defining this concept at the legislative level. Attention is drawn to the fact that, in practice, the right of a person to liberty and personal integrity when choosing a preventive measure in the form of detention is quite often unduly restricted. The materials of the case law, legal provisions of the ECtHR, Letter of the High Specialized Court of Ukraine on Civil and Criminal Matters "On Some Issues of Preventive Measures During Pre-trial Investigation and Proceeding in the Procedure Provided by the Criminal Procedure" Code of Ukraine of 04.04.2013 are used.

The Procedural Laboratory for Studying the Historical Types of Criminal Proceedings

2021 ◽  
Vol 8 (2) ◽  
pp. 71-78
Author(s):  
Anna V. Lamteva
Keyword(s):  
Vertical Direction ◽  
Criminal Procedure ◽  
Point Of View ◽  
Ancient Rome ◽  
Criminal Proceedings ◽  
Democratic State ◽  
Court Proceedings ◽  
The Times ◽  
The Right

The article is devoted to the study of historical types of criminal proceedings in a vertical direction. The foremost archetypes of criminal procedure, which laid the technological and methodological foundations for formation of the investigative, adversarial, and mixed types of criminal proceedings, were analyzed. Arguments are given in favor of the fact that the initial reference point for criminal proceedings is the accusatory-adversarial type. The appropriate legal examples from the legislation of Athens and Ancient Rome are referenced in the article. An attempt is made to prove three hypotheses about the modern types of criminal procedure, the sequential system about the models of criminal procedure. Consideration is given to the archetype. The debatable issue regarding the active and passive positions of judges in the resolution of criminal cases on their merits was considered. The author's position in favor of the role of a judge as a non-initiative arbitrator between the parties was appropriate and justified only in the times of the rise of Athens and Ancient Rome. The judicial compositions of each case consisted of several hundred judges, which made it possible to make the right decision. The judges themselves were from the people. In particular, this is why, before our era, there were no dubious statistics in court proceedings from the point of view of the adversarial principle. It further explains why there were both convictions and acquittals in sufficient numbers for a democratic state. The modern procedural role of a judge is often reduced to the personal neutral, but at the same time active investigation of the evidence is presented by the parties. Much attention is given to the modern type of criminal process, which is called mixed. This content is considered in two ways as a symbiosis of investigative and adversarial types and also as a procedural duet of accusatory-adversarial and techno-centric models.

The Victim – a Great Actor in a Minor Role? – A Comparative Perspective

2021 ◽  
Vol 11 (1) ◽  
pp. 112-128
Author(s):  
Łukasz Duśko ◽  
Mateusz Szurman
Keyword(s):  
Social Order ◽  
American English ◽  
Active Role ◽  
Criminal Court ◽  
Minor Role ◽  
Criminal Proceedings ◽  
The One ◽  
A Minor ◽  
To Receive

Recently, the role of the victim in criminal proceedings became more significant. An observation was made that the legal interests of the victim are much more severely affected by the crime than the collective legal interests in the form of public or social order. However, the differences in the rights the victim is vested with differ substantively between particular countries. The authors present the position of the victim in American, English and French law. The solutions provided for in these systems are confronted with legal regulations adopted in Poland, i.e. the home country of the authors. It shows, surprisingly, that the role of the victim in criminal proceedings has evolved somehow independently of the implementation of the concept of restitution. On the one hand, there are legal systems in which the criminal court may order the offender to pay compensation for the damage caused, but the role of the victim still remains marginal. On the other hand, there are systems in which the victim is not only entitled to receive restitution, but he or she also has significant powers which enable him or her to play an active role in the criminal proceedings.

scholarly journals Respectus Philologicus, 2011 Nr. 19 (24)

2011 ◽  
pp. 1-284
Author(s):  
Gabija Bankauskaitė
Keyword(s):  
18Th Century ◽  
Russian Language ◽  
Point Of View ◽  
Computer Hardware ◽  
Speech Community ◽  
Star Wars ◽  
Globalizing World ◽  
Polish Society ◽  
The One

CONTENTS I. PROBLEMS AND SOLUTIONSMichał Mazurkiewicz (Poland). Sport versus Religion... 11Natalia А. Kuzmina (Russia). Poetry Book as a Supertext... 19Jonė Grigaliūnienė (Lithuania). Possessive Constructions as a Purely Linguistic Phenomenon?... 31 II. FACTS AND REFLECTIONSAleksandras Krasnovas, Aldona Martinonytė (Lithuania). Symbolizing of Images in Juozas Aputis Stories...40Jūratė Kumetaitienė (Lithuania). Tradition and Metamorphosis of Escapism (Running “from” or “into”) in the Modern and Postmodern Norwegian Literature...51Natalia V. Kovtun (Russia). Trickster in the Vicinity of Traditional Modern Prose...65Pavel S. Glushakov (Latvia). Semantic Processes in the Structure of Vasily Shukshin’s Poetics...81Tatyana Kamarovskaya (Belarus). Adam and the War...93Virginija Paplauskienė (Lithuania). Woman’s Language World in Liune Sutema’s Collection “Graffiti....99Jolanta Chwastyk-Kowalczyk (Poland). The Models of e-Comunication in the Polish Society of Britain and Northern Ireland...111Vilma Bijeikienė (Lithuania). How Equivocation Depends on the Way Questions are Asked: a Study in Lithuanian Political Discourse...123Viktorija Makarova (Lithuania). The One Who Names the Things, Masters Them: Ruskij vs. Rosijanin, Ruskij vs. Rosijskij in the Discourse of Russian Presidents...136Dorota Połowniak-Wawrzonek (Poland). Idioms from the Saga Film “Star Wars” in Contemporary Polish Language...144Ilona Mickienė, Inesa Birbilaitė (Lithuania). Women’s Naming in Telsiai Parish in the First Dacades of the 18th Century...158Liudmila Garbul (Lithuania). Reflection of Results of Interslavonic Language Contacts in the Russian Chancery Language of the First Half of the 17th Century (Synchronic and Diachronic Aspects). Part II...168Vilhelmina Vitkauskienė (Lithuania). Francophonie in Lithuania... 179Natalia V. Yudina (Russia). On the Role of the Russian Language in the Globalizing World of the XXI Century...189Maria Lojko (Belarus). Teaching Legal English to English Second Language Students in the US Law Schools...200 III. OPINIONElena V. Savich (Belarus). On Generation of an Integrative Method of Discourse Analysis...212Marek Weber (Poland). Lexical Analysis of Selected Lexemes Belonging to the Semantic Field ‘Computer Hardware’...220 IV. SCIENTISTS ABOUT SCIENTISTSOleg Poljakov (Lithuania). On the Female Factor in Linguistics and Around It... 228 V. OUR TRANSLATIONSBernard Sypniewski (USA). Snake in the Grass. Part II. Translated by Jurga Cibulskienė...239 VI. SCIENTIFIC LIFE CHRONICLEConferencesTatiana Larina (Russia), Laura Alba-Juez (Spain). Report and reflections of the 2010 International Conference on Intercultural Pragmatics and Communication in Madrid...246Books reviewsAleksandra M. Ponomariova (Russia). ЧЕРВИНСКИЙ, П. П., 2010. Номинативные аспекты и следствия политической коммуникации...252Gabija Bankauskaitė-Sereikienė (Lithuania). PAPLAUSKIENĖ, V., 2009. Liūnė Sutema: gyvenimo ir kūrybos keliais...255Yuri V. Shatin (Russia). Meaningful Curves. ГРИНБАУМ, О. Н., 2010. Роман А.С. Пушкина «Евгений Онегин»: ритмико-смысловой комментарий... 259Journal of scientific lifeDaiva Aliūkaitė (Lithuania). The Idea of the Database of Printed Advertisements: the Project “Sociolinguistics of Advertisements”...263Loreta Vaicekauskienė (Lithuania). The Project “Vilnius is Speaking: The Role of Vilnius Language in the Contemporary Lithuania, 2010”...265Daiva Aliūkaitė (Lithuania). The Project “Lithuanian Language: Fractures of Ideals, Ideologies and Identities”: Language Ideals from the Point of View of Ordinary Speech Community Members...267 Announce...269 VII. REQUIREMENTS FOR PUBLICATION...270 VIII. OUR AUTHORS...278

scholarly journals Rasionalitas Kebijakan Pro Laktasi Indonesia

2017 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Demeiati Nur Kusumaningrum
Keyword(s):  
Public Sphere ◽  
Qualitative Method ◽  
Leisure Time ◽  
Work Place ◽  
Working Mother ◽  
Indonesian Government ◽  
Crucial Problem ◽  
The One ◽  
The Right

AbstrakMenyusui adalah naluri manusia yang berkaitan dengan kehamilan, namun demikian pemerintah Indonesia perlu melindungi ibu dan bayi dengan menerbitkan Peraturan Pemerintah Nomor 33 Tahun 2012. Kebijakan ini memandatkan seluruh pihak termasuk pemerintah daerah, lembaga layanan kesehatan, tenaga medis, dan produsen susu formula agar mendukung pemenuhan periode laktasi (menyusui). Dengan menggunakan pendekatan keamanan manusia, penelitian ini hendak menganalisis apa yang menjadi pertimbangan pemerintah Indonesia dalam menerbitkan PP yang berkaitan dengan aspek kesehatan. Penelitian ini menggunakan metode kualitatif. Data dan informasi diperoleh dari observasi, wawancara mendalam, dan kajian literatur. Hasil penelitian ini menunjukkan PP No.33/2012 dikeluarkan sebagai bentuk komitmen pemerintah untuk mencapai target MDGs terkait jaminan kesehatan ibu dan anak. Adapun kendala dalam penerapan kebijakan ini berasal dari kasus ibu bekerja yang pada umumnya terbatas waktu menyusui, beban pikiran, dan kurangnya fasilitas pojok laktasi di tempat kerja. Tayangan iklan susu formula melalui berbagai ruang publik turut meyakinkan para ibu terhadap manfaat susu formula sehingga menggantikan peran ASI. Selain itu, kurangnya pengetahuan tentang menyusui dari ibu dan keluarga juga menjadi tantangan kesuksesan pemenuhan periode menyusui.Kata Kunci: menyusui, MDGs, kebijakan AbstractBreastfeed is a matter of human nature and maternity, but Indonesian government needs to legitimate and protect the right of mother and baby by establish Government Policy No. 33/2012. It mandated the role of local government, health service institututions, medical expertist, and instan milk producers to support the breastfeed period. This research questioned why the Indonesian Government establish the health policy in dealing with breastfeeding obligation that it sounds crucial problem regarding the human security perspective. This research used qualitative method. Data and information obtained from observation, literature review, and deep interview. This policy is the one of Indonesian committment to achieve MDGs target to ensure mother and baby’s health. The obstacles of breastfeed experienced by working mother related to the problem of leisure time, stressful, and facilities in work place. The massive instan milk advertisement through mass media and public sphere are able to influence the society mindsets about the safety and goodness of instan milk for their baby. The lack of access on breastfeed education and knowledge of the mother and family become the rest.Keywords: breastfeeds, MDGs, policy

scholarly journals CONSEQUENCES OF THE DECISION OF THE CONSTITUTIONAL COURT OF ROMANIA NO. 2/2017 ON THE EXTRAORDINARY APPEAL PATH OF THE REVIEW

2018 ◽  
Vol 11 (2) ◽  
pp. 68-75
Author(s):  
Mihaela Pătrăuș ◽  
Darius-Dennis Pătrăuș
Keyword(s):  
Central Element ◽  
The State ◽  
Judicial System ◽  
Criminal Case ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Initial Report ◽  
State Of Affairs ◽  
The One ◽  
Judicial Error

The central element of this extraordinary appeal is the judicial error. The review involves finding a legal error in the criminal case settled by a final judgment, which was based on an erroneous assessment of the state of affairs. Exercising appeals does not create a new procedural report, but only extends the initial report in this new procedural phase. In our judicial system, the unanimous classification is that appeals are divided into two categories: ordinary ways and extraordinary ways. Thus, before the decision, the case under Article 453 (1) (a) could be invoked as a ground for review only in favor of the convicted person or of the one to whom the waiver of the punishment or deferment of the punishment or termination of the criminal proceedings, if the review is aimed at obtaining an acquittal. Therefore, this case of revision could not be used to the detriment of the person who was acquitted or who was ordered to terminate the criminal proceedings, with the aim of reaching a decision on conviction, renunciation of the punishment or postponement of the application punishment.

scholarly journals Quality of learners at the start of each educational process

2019 ◽  
Vol 9 (14) ◽  
Author(s):  
Abdennasser Naji
Keyword(s):  
Control Systems ◽  
Preventive Measures ◽  
Educational Process ◽  
Service Needs ◽  
True Value ◽  
Previous Cycle ◽  
Set Up ◽  
The One

The education system is organized in the form of cycles, each feeding the one following it with learners. They will continue their studies in the destination cycle, and their future will certainly depend, at least in part, on the quality of the skills acquired in the previous cycle. Given the divergences and disparities existing between the different cycles mainly due to the fact that each responds to its own design logic and in the absence of coordination between them, there is a huge lack of quality to gain at the interface of the cycles . The referral system that plays the role of supply service needs to be updated to strengthen educational quality, but it is not the only one. It is also necessary to help the orienting staff to assess the quality of the learners at its true value, to set up partnership links between the cycles to help each other in favor of quality, and to set up reception control systems at the entry of each cycle, supported by corrective and preventive measures.

The Use of Blood Money in the Establishment of Non-Justice: Necrodomination and Resistance

2019 ◽  
pp. 160-186
Author(s):  
Cem Özatalay ◽  
Gözde Aytemur Nüfusçu ◽  
Gülistan Zeren
Keyword(s):  
Social Hierarchy ◽  
Judicial Process ◽  
The Social ◽  
Blood Money ◽  
Perpetrators And Victims ◽  
The One ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

The use of blood money by powerful people during the judicial process following different kinds of homicides (workplace homicides, state homicides, gun homicides and so on) has become commonplace within the neoliberal context. Based on data obtained from five cases in Turkey, this chapter shows, on the one hand, how the use of blood money serves as an effective tool in the hands of powerful people to consolidate power relations, particularly necropower, as well as the relationship of domination, which rests upon class and identity-based inequalities. The analysis indicates that the blood money offers made by powerful people allows them to minimize potential penalties within penal courts and also to keep their privileged positions in the social hierarchy by purchasing the ‘right to kill’. On the other hand, the resistance of the oppressed and aggrieved people to the subjugation of life to the power of death is analysed with a particular focus on the role of power asymmetries between perpetrators and victims and their unequal positions in the social hierarchy. This conflictual relationship, which we qualify as an expression of necrodomination, offers novel insights into Turkey’s historically shaped system of domination.

4. The course of the trial

Evidence ◽  
2019 ◽  
pp. 140-200
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
Trial Judge ◽  
The Core ◽  
The Subject ◽  
The Right

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the trial judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; witness support; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases. Many of the rules apply to civil and criminal proceedings alike. However, as elsewhere in this book, the accent will be on rules of criminal evidence.

Part I General Aspects, 2 The IPO Process, IPO Disclosure, and the Prospectus Regulation

2020 ◽  
Author(s):  
Teerink Han
Keyword(s):  
Initial Public Offering ◽  
The Other ◽  
Business Information ◽  
Other Hand ◽  
The One ◽  
General Aspects ◽  
Public Offering ◽  
The Right ◽  
Insight Into

This chapter offers insight into a typical initial public offering (IPO) process, highlighting key practical and legal considerations around disclosure, through the IPO prospectus and otherwise. The prospectus plays a key role in the preparations for, and execution of, an IPO. As an IPO prospectus typically constitutes a company's first public dissemination of financial and business information, the company and other parties involved in the IPO process must carefully consider the right balance between, on the one hand, drafting the IPO prospectus as a marketing document introducing the company and its business to potential investors, whilst, on the other hand, being able to use the prospectus as a disclosure document that protects the company against liability arising from claims from investors or others after the IPO. Here, the chapter summarizes the different phases in an IPO process and the most important documents and parties involved, focusing on the central role of the IPO prospectus. In addition, a number of changes resulting from the enactment of the Prospectus Regulation are likely to be of particular relevance to IPO processes. The expected impact of these changes is therefore also discussed.

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