scholarly journals Managerial Competencies of an Investigator and the Specifics of Their Implementation in Crime Investigation

2019 ◽  
Vol 13 (6) ◽  
pp. 1017-1024
Author(s):  
Nikolai Lebedev ◽  
Yulia Lebedeva
Keyword(s):  
Public Service ◽  
Legal Status ◽  
Preliminary Investigation ◽  
Psychological Support ◽  
Criminal Proceedings ◽  
Community Members ◽  
Managerial Work ◽  
Managerial Competencies ◽  
Psychological Techniques ◽  
Special Complex

The authors describe the contents of managerial work of an investigator that includes the following elements: analysis of the investigative situation; provision of investigative leads; planning; taking investigative or other procedural actions; organization of interaction not only with the departments involved in investigative and criminalistic work, but also with other government and non-government bodies, public organizations and community members; making a decision to end preliminary investigation. They also describe the specific features of managerial work of an investigator while taking into account the variability of investigative situations and their contents, legal status of the participants of criminal proceedings, the deficit of time and the boundaries of investigative and other procedural actions, the necessity of psychological support of an investigator’s work, the presence of prosecutor's supervision that makes it possible to identify drawbacks in an investigator's work in time and quickly correct them, as well as of court control that underlines the importance of procedural actions that can only be sanctioned by a court decision. The opinions of scholars regarding the concept of «managerial competencies» and its contents are presented. The authors show that it is necessary to form and further improve the managerial competencies of an investigator on the basis of a competence approach used in public service, and to introduce a special complex of psychological techniques that show if an investigator possesses or lacks the competencies necessary for his work, in the process of psychological support of an investigator’s managerial activities. They also describe the correlations between the competencies of people that manage an investigation and the effectiveness of the work of agencies responsible for the pre-trial criminal proceedings in general. The specific features of implementing the competencies of an investigator in investigating crimes are described.

scholarly journals SEPARATION OF POWERS BETWEEN PROSECUTOR AND THE HEAD OF THE INVESTIGATIVE BODY

2020 ◽  
Vol 24 (3) ◽  
pp. 760-779
Author(s):  
Nikita V. Babich
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Separation Of Powers ◽  
Preliminary Investigation ◽  
Current Concept ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Individual Concepts ◽  
Systemic Problems

Problems related to the delimitation of powers between the prosecutor and the head of the investigating body, as well as ways to resolve them, are in the constant focus of attention of representatives of legal science. The concept and model of differentiation of powers between such participants in criminal proceedings that was introduced in 2007, has led to serious problems, which are expressed in: - decrease in the quality of prosecutorial supervision of the preliminary investigation body in order to protect human and civil rights and freedoms at the stage of preliminary investigation; - lack of procedural independence of the investigator, priority of interdepartmental control over prosecutorial supervision; - duplication of prosecutors supervision; - large accusatory bias of the court, prosecution and investigation body and others. The negative side of such problems is that the rights and freedoms of man and citizen are violated in the first place at all stages of criminal proceedings. In this regard, the properly organized delineation of powers and functions between the prosecutor and the head of the investigating body will be standard for ensuring the rule of law; it will contribute to the fight against crime and speedy preliminary investigation in order to create the court basis to reduce the cases of incorrect court decision. The purpose of the scientific article is to analyze the provisions of the current concept and models of separation of powers between the prosecutor and the head of the investigating body, identify the main systemic problems in this area and formulate proposals for their elimination. To achieve this goal, the scientific article explores the features and problems of individual concepts and models for their implementation in organizing activities of prosecution body and preliminary investigation bodies to delimit the powers between the prosecutor and the head of the investigating body. In a scientific article, the author came to the conclusion that reforming the current concept and model of separation of powers between the prosecutor and the head of the investigating body in order to eliminate significant problems is not possible without a reform. A return to previous concepts and models is also unacceptable due to historical experience of their application. The necessity of reforming the foundations of the entire law enforcement system of criminal justice body as a whole and reviewing the legal status of the prosecutor at all stages of criminal proceedings is noted.

scholarly journals Forms of Implementation of the Judiciary in Criminal Proceeding in the Context of the Procedural Status of the Courtas a Participant in Criminal Proceeding

2018 ◽  
Vol 5 (3) ◽  
pp. 111-119
Author(s):  
P A Lutsenko
Keyword(s):  
Legal Status ◽  
Preliminary Investigation ◽  
State Institution ◽  
Judicial System ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Structural Mechanism ◽  
Criminal Proceeding ◽  
The One ◽  
Principle Of Legality

The article examines the procedural status of the court as a participant of criminal proceedings taking into account the specifics of its legal position and the functions to be implemented. The legal status of the court in criminal proceedings by the absence of public or personal interest in the outcome of the criminal case, which not only predetermines the adversarial form of the proceedings, but also guarantees the independence of the judicial authorities in the exercise of justice. The author concludes that the concept of «court» is collective, since on the one hand it is a state institution entering the judicial system, on the other hand - the judge is the bearer of power, considering the criminal case on the merits and decisions provided by law.The judicial system has a sign of instancionnosti, due to its internal hierarchical structure. The existence of judicial bodies predetermines the movement of criminal proceedings, is a structural mechanism for the implementation of the function of internal judicial control and supervision, and also protects the rights and legitimate interests of participants in the criminal Legal proceedings and other interested persons. The powers of the court are considered from the standpoint of the functional criterion, namely: the resolution of the criminal case on the merits; monitoring of the activities of the preliminary investigation bodies; consideration of complaints on actions (inaction) and decisions of officials, conducting proceedings in a criminal case; response to violations of the rights and freedoms of citizens, the principle of legality, established circumstances, which contributed to the commission of a crime by making a private determination or decision, in the course of criminal proceedings.

scholarly journals Forms of the exercise of judicial power in criminal proceedings in the context of the procedural status of the court as a participant in criminal proceedings

2019 ◽  
Vol 13 (3) ◽  
pp. 376-385
Author(s):  
P. A. Lutsenko ◽  
Keyword(s):  
Legal Status ◽  
Preliminary Investigation ◽  
State Institution ◽  
Judicial System ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Structural Mechanism ◽  
Legitimate Interests ◽  
The One ◽  
Principle Of Legality

The article analyzes the procedural status of the court as a participant in criminal proceedings, taking into account the specifics of its legal status and its functions. The legal status of the court in criminal proceedings is determined by the lack of public or personal interest in the outcome of the criminal case, which not only determines the adversarial form of proceedings, but also guarantees the independence of the judiciary in the administration of justice. The author comes to the conclusion that the concept of “court” is collective, because, on the one hand, it is a state institution that is part of the judicial system, on the other hand, a judge is a carrier of power, considering a criminal case on the merits and making decisions stipulated by by law. The judicial system has a sign of instancedness, due to its internal hierarchical structure. The presence of judicial instances predetermines the movement of a criminal case, is a structural mechanism for the implementation of the function of internal judicial control and supervision and also protects the rights and legitimate interests of participants in criminal proceedings and other interested parties. The powers of the court are considered on the basis of a functional criterion, namely: resolution of the criminal case on the merits; control over the activities of preliminary investigation bodies; consideration of complaints about actions (inaction) and decisions of officials conducting criminal proceedings; response to the violations of the rights and freedoms of citizens, the principle of legality, established circumstances that contributed to the commission of a crime committed during the criminal proceedings by issuing a private ruling or decision.

scholarly journals INDEPENDENT INVESTIGATIVE BODIES ON THE TERRITORY OF THE FORMER SOVIET UNION: COMPARATIVE STUDY

2017 ◽  
pp. 0-0
Author(s):  
Леонид Берлявский ◽  
Leonid Berlyavskiy ◽  
Владимир Расчетов ◽  
Vladimir Raschetov
Keyword(s):  
Soviet Union ◽  
Social Relations ◽  
Former Soviet Union ◽  
Legal Status ◽  
Preliminary Investigation ◽  
Civil Liberties ◽  
Legal Regulation ◽  
The State ◽  
Criminal Proceedings ◽  
Functional Features

An article describes reasons of formation on the Territory of the Former Soviet Union of independent preliminary investigation bodies in the form of investigative committees. A comparative research was carried out on the ground of investigative committees in Belarus, the Pridnestrovian Moldavian Republic, the Russian Federation and the Republic of Armenia, their purposes, organization and functional features, determined by the specifics of national criminal justice systems. Additionally their similarities and differences were describes. The author defines the place of such bodies in countries’ state mechanism and the their possible development trends. Historically along with other measures of protection of the the rights and freedoms of a person exist criminal-legal regulation of social relations and crime prevention through early prevention, detection, prevention, suppression, disclosure and investigation of crimes in criminal proceedings, which includes preliminary (pretrial) investigation of crimes. The most complicated categories among them is carried out in the form of preliminary investigations by specially authorized investigative authorities. The efficiency and effectiveness of the performance of duties of these bodies depends on the scope of the powers and their legal status in the state mechanism, and, therefore, protection of the protection of human rights and civil liberties. The conclusions based on the study of the period of reasons of formation on the Territory of the Former Soviet Union of independent preliminary investigation bodies may help to improve the state penal policy and develop ways of implementation of state policies in the sphere of enforcement of the Criminal Procedure law.

Problems of the legal status of the prosecutor on criminal private accusation cases

2020 ◽  
Vol 2020 (3) ◽  
pp. 123-132
Author(s):  
Pavel Titov
Keyword(s):  
Legal Status ◽  
Preliminary Investigation ◽  
Theoretical Models ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Investigation ◽  
Criminal Procedure Law ◽  
A Charge

Introduction. Relevance of the research topic. Criminal proceedings are generally based on public law, which involves the participation of a prosecutor in criminal cases, who performs two main functions: criminal prosecution and supervision of the procedural activities of the preliminary investigation bodies. In cases of private prosecution, however, taking into account the specifics of initiating criminal prosecution, the lack of stages of initiation of criminal proceedings and preliminary investigation and the collection of the bulk of evidence by a private prosecutor, the Prosecutor cannot perform the same functions as in cases referred to public prosecution. Problem statement. Science did not use to pay much attention to the powers of the Prosecutor for criminal cases of private prosecution. Even in scientific works directly dealing with the issue, only concise norms of the criminal procedure law, without their detailed disclosure and specification, were mainly reproduced. Goals and methods. The aim of the research is to develop an optimal theoretical model of the prosecutor’s participation in criminal cases of private prosecution and to formulate a list of their powers. The work is based on the dialectical and materialistic method, which involves a comprehensive study of phenomena, their interactions being taken into account. Such methods as formal and legal, analysis and synthesis, deduction and induction have also been used. Results and key conclusions. The author makes suggestions about possible theoretical models of the Prosecutor’s participation in the category of cases under consideration, points at their defects and, as a result, suggests his own conceptual model. Attention is drawn to the fact that the attorney cannot go over to the side of the prosecution and should not be granted rights attributed exclusively to the private Prosecutor: to formulate a charge, to define people to be brought to justice, to petition for reconciliation with the accused. The Prosecutor in the cases of private prosecution procedure should preserve neutrality. At the same time, their participation is intended to make up for the characteristic features of the victim, which make it difficult for the latter to defend their right for justice and to be protected from crime. The paper formulates procedural rights the Prosecutor in a private prosecution case should be provided with and gives reasons for the Prosecutor’s necessity to give an opinion on the case, disclosed to the court and the parties at the end of the judicial investigation. It is stated, that the Prosecutor for private prosecution performs functions that are neither criminal prosecution nor supervision of the investigation bodies. They exercise supervision over the legality of the actions of the participants in criminal proceedings on behalf of the defense and prosecution in order to ensure the validity of the decision.

Questions of the effectiveness of the victim’s participation in the criminal proceedings of the Republic of Azerbaijan

2021 ◽  
Author(s):  
Jabir Khalilov ◽  
Nargiz Kafarova
Keyword(s):  
Legal Status ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Speed Up ◽  
Legitimate Interests ◽  
The Republic ◽  
The Moment ◽  
The Right

This article discusses the criminal procedure status of the victim on the basis of the current legislation. A number of proposals are put forward to improve the legislation to ensure the effectiveness of the victim’s participation in the criminal process. The article analyzes a number of specific legal shortcomings that reflect the procedural situation of the victim, and indicates ways to solve them. At the same time, proposals are put forward for more effective protection of the legitimate interests of the victim both during the preliminary investigation and during the trial. For example, in order to speed up the participation of the victim in the criminal process, it is proposed to include a rule that from the moment of initiation of a criminal case, the issue of recognizing the person as a victim must be resolved within 10 days. The article then discusses the victim’s right to compensation, the right to mandatory familiarization with the materials of the criminal case, and the shortcomings of the norms that reflect the legal status of the victim as a participant in the prosecution.

Immunities and Criminal Proceedings (Equatorial Guinea v. France) (I.C.J.)

2021 ◽  
pp. 1-96
Author(s):  
Péter Kovács
Keyword(s):  
Legal Status ◽  
Equatorial Guinea ◽  
Criminal Proceedings ◽  
International Court Of Justice ◽  
Charles De Gaulle ◽  
Court Of Justice ◽  
International Court ◽  
De Gaulle

On December 11, 2020, the International Court of Justice (ICJ or Court) delivered by majority its judgment on the merits of the litigation between Equatorial Guinea and France concerning the legal status of a building at 42 Avenue Foch, situated in Paris, in the very elegant 16th district, close to the Arc de Triomphe (Place de l'Étoile/Place Charles de Gaulle).

scholarly journals Relationship of patient shame to working alliance and satisfaction: a preliminary investigation

2019 ◽  
Vol 14 (4) ◽  
pp. 251-263
Author(s):  
Daniel J. Carabellese ◽  
Michael J. Proeve ◽  
Rachel M. Roberts
Keyword(s):  
Patient Satisfaction ◽  
Working Alliance ◽  
Preliminary Investigation ◽  
Community Members ◽  
Content Type ◽  
Mediation Analyses ◽  
External Shame ◽  
Relationship Of ◽  
The Relationship

Purpose The purpose of this paper is to explore the relationship of two distinct variants of dispositional shame (internal and external shame) with collaborative, purpose-driven aspects of the patient–provider relationship (working alliance) and patient satisfaction. The aim of this research was to conduct a preliminary investigation into the relevance of dispositional shame in a general healthcare population. Design/methodology/approach In total, 127 community members (mean age 25.9 years) who reported that they had regularly seen a GP over the past year were recruited at an Australian university. Participants were asked to reflect on their relationship with their GP, and completed instruments assessing various domains of shame, as well as working alliance and patient satisfaction. Findings Non-parametric correlations were examined to determine the direction and strength of relationships, as well as conducting mediation analyses where applicable. Small, negative correlations were evident between external shame and working alliance. Both external and internal shame measures were also negatively correlated with patient satisfaction. Finally, the relationship of external shame to patient satisfaction was partially mediated by working alliance. Practical implications Both the reported quality of patient–provider working alliance, and level of patient satisfaction are related to levels of dispositional shame in patients, and working alliance may act as a mediator for this relationship. Originality/value The findings from this preliminary study suggest that internal and external shame are important factors to consider in the provision of medical care to maximise the quality of patient experience and working alliance.

Psychosoziale Prozessbegleitung im Strafverfahren

2021 ◽  
Author(s):  
Alexander Ilsner
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
Civil Procedure ◽  
Legal Institution ◽  
Criminal Proceedings ◽  
Legal Innovation ◽  
The Law

The legal status of victims of violent criminality has been in the spotlight during recent decades. The institutionalization of psychosocial assistance in criminal proceedings represents the temporary peak of this development. In this study, the author focuses on the legal innovation, analyzes it fundamentally (especially regarding the recently formulated § 406g StPO), and submits specific reform proposals correspondingly. This research includes four systematically structured chapters, which impart the essential features of the legal institution, elucidate the legal framework, and finally appoint considerations regarding its transfer into the law of civil procedure.

THE RETURN OF CRIMINAL CASES FOR THE PRELIMINARY INVESTIGATION (ON THE EXAMPLE OF ERRORS IN THE CASE OF THE PARTICIPATION OF AN INTERPRETER)

2021 ◽  
pp. 57-61
Author(s):  
В.О. Захарова
Keyword(s):  
Preliminary Investigation ◽  
Criminal Proceedings ◽  
Criminal Cases

Автором проанализированы основные положения участия переводчика в уголовном судопроизводстве. Даны рекомендации по осуществлению взаимодействия следователя с переводчиком. Приведены типичные ошибки, возникающие при участии переводчика в уголовном судопроизводстве и даны рекомендации по осуществлению взаимодействия переводчика со следователем. The author analyzes the main provisions of the interpreter’s participation in criminal proceedings. Recommendations are given on the implementation of the interaction of the investigator with the translator. Typical errors that occur with the participation of an interpreter in criminal proceedings are presented and recommendations are given for the interaction of an interpreter with an investigator.

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