ASSURANCE OF LEGALITY AND VALIDITY OF THE PROCEDURAL DECISIONS MADE BY THE INVESTIGATOR IN CRIMINAL PROCEEDING

2015 ◽  
Vol 2 (71) ◽  
pp. 28
Author(s):  
Marina Sumbarova
Keyword(s):  
Decision Making ◽  
Criminal Procedure ◽  
Criminal Trial ◽  
High Quality ◽  
Criminal Trials ◽  
Criminal Proceeding ◽  
Criminal Procedure Law ◽  
The Law ◽  
Procedural Decisions ◽  
Procedural Instructions

One of participants of criminal trial – the persons directing process, according to the Criminal procedure law (CPL) existing now in Latvia is the investigator. According to point 1 of part 2 of article 29 CPL, it has rights in the order established by the law to make any procedural decision and to make any procedural action or to charge its production to participants of an investigation team or the performer of procedural instructions. In article the author investigates conceptual essence of criminal procedure decisions, the legal characteristic of the resolution of the investigator, decision-making in the form of resolutions on the beginning of criminal trial, refusal to begin criminal trial, and also the resolutions directed on collecting and fixing of proofs in criminal trial and other resolutions. Making procedural decisions is a guarantee of high-quality investigation of criminal trials and observance of the rights of its participants.

scholarly journals ACTUAL QUESTIONS ABOUT INVESTIGATOR'S WORK IN LATVIAN CRIMINAL PROCEDURE

2017 ◽  
Vol 3 (80) ◽  
pp. 39
Author(s):  
Marina Sumbarova
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Educational Process ◽  
Criminal Trial ◽  
Criminal Trials ◽  
Criminal Procedure Law

In this article author considers the questions connected with activity of the investigator at investigation of crimes, gives the characteristic of his procedural activity, defines his legal status in Latvian criminal procedure, characterizes important functions that this participant of criminal trial has. Along with consideration of a legal status of the investigator in criminal trial of Latvia, the analysis of the relevant procedural characteristics connected with investigation of criminal trials has determined the scientifically based directions in modern educational process of Latvia by training of specialists lawyers and, in particular, investigators. As a results of a research are given offers to change separate standards of the Criminal procedure law.

scholarly journals Remand in Custody as Part of a Sentence: Problem of Determination

2020 ◽  
Vol 15 (1) ◽  
pp. 124-132
Author(s):  
V. A. Filatyev
Keyword(s):  
Law Enforcement ◽  
Preventive Measures ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Penal Institutions ◽  
Criminal Procedure Law ◽  
The Law ◽  
Procedural Decisions ◽  
Legal Meaning

The paper analyzes the provisions of the criminal procedure law determining the grounds and procedures for the application of preventive measures when deciding a sentence. The paper attempts to identify their constitutional and legal meaning. According to the author, the remand of a defendant in custody on the sole basis of the need to execute a real imprisonment sentence is unacceptable. Doctrinal representations of the theory of procedural decisions allow us to conclude that the decision on the measure of restraint cannot be taken simultaneously with the sentence and should not be an integral part of it. Under the current legal regulation, the defense is forced to refuse to express the position on the measure of restraint in the pleadings and the last plea if the position of the defendant is aimed at acquittal. The impossibility for the defense to make an immediate appeal on the formulated in the sentence decision on detention makes the appeal meaningless in general. Uncertainty of the procedure for sending persons sentenced to real imprisonment in all penal institutions but colony-settlements to the place of serving their sentence, for whom the court did not choose detention, reveals a gap in the law. The author claims that these and other defects in the legal regulation listed in the paper contribute to the existence of an accusatory bias in law enforcement practice, since they predetermine the detention decision and must be eliminated. Measures of restraint must be considered immediately after the verdict is sounded in a separate court session at the request of the prosecution or at the initiative of the court.

scholarly journals HAKIKAT PEMBUKTIAN MELALUI MEDIA ELEKTRONIK DALAM PRESPEKTIF SISTEM PERADILAN PIDANA INDONESIA

2017 ◽  
Vol 20 (1) ◽  
pp. 1-17
Author(s):  
Muslim Mamulai
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Electronic Media ◽  
Criminal Trial ◽  
Criminal Trials ◽  
Pros And Cons ◽  
The Law

Proof via electronic media in criminal trials, still based on the provisions contained in the Code of Criminal Procedure, namely with reference to the theory of proof under the law negatively, but in practice there is still a criminal trial the pros and cons. However, in fact the truth of the witness examination teleconference remain equal value, with a witness who was not present at the trial because the witness has been sworn in. Keywords: Electronic Media in the criminal justice system.   Abstrak Pembuktian melalui media elektronik dalam persidangan pidana, masih didasarkan pada ketentuan yang terdapat dalam Kitab Undang-Undang Hukum Acara Pidana, yaitu dengan mengacu pada teori pembuktian berdasarkan hukum secara negatif, tetapi dalam praktiknya masih ada persidangan pidana pro dan kontra. Namun, sebenarnya kebenaran teleconference dari pemeriksaan saksi tetap bernilai sama, dengan saksi yang tidak hadir di persidangan karena telah saksi telah ditetapkan. Kata kunci: media elektronik; sistem; peradilan pidana

scholarly journals Protections for vulnerable accused in Malaysian criminal trials: Are they sufficient? Proposal for reform

2021 ◽  
Author(s):  
◽  
Naziah Mohd Alias
Keyword(s):  
Criminal Procedure ◽  
Fair Trial ◽  
Criminal Trial ◽  
Proper Treatment ◽  
Criminal Trials ◽  
Support Person ◽  
Procedure Code ◽  
The Law ◽  
The Right

<p>This dissertation argues that the protections for vulnerable accused in Malaysian criminal trials are not sufficient. It is crucial to ensure that vulnerable accused receive proper treatment when dealing with the court. After thoroughly scrutinising the law and practice in several other jurisdictions, this dissertation proposes several amendments to the Criminal Procedure Code and the Evidence Act 1950 to provide clear guidelines as to how to deal with vulnerable accused in a criminal trial. It is ultimately recommended that the right to give an unsworn statement be modified so that it is more effective and fair in its operation. This dissertation further recommends the introduction of an adverse inference clause for the right to remain silent at trial so accused person can better understand the effect of their choice. Recommendations are also made to introduce an intermediary service for those vulnerable accused who choose to give sworn evidence in court, and to allow a support person to accompany a vulnerable accused during trial. These amendments aim to assist vulnerable accused persons physically and emotionally, and to protect their fair trial rights.</p>

scholarly journals HAKIKAT PEMBUKTIAN MELALUI MEDIA ELEKTRONIK DALAM PRESPEKTIF SISTEM PERADILAN PIDANA INDONESIA

2017 ◽  
Vol 20 (1) ◽  
pp. 1-17
Author(s):  
Muslim Mamulai
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Electronic Media ◽  
Criminal Trial ◽  
Criminal Trials ◽  
Pros And Cons ◽  
The Law

Proof via electronic media in criminal trials, still based on the provisions contained in the Code of Criminal Procedure, namely with reference to the theory of proof under the law negatively, but in practice there is still a criminal trial the pros and cons. However, in fact the truth of the witness examination teleconference remain equal value, with a witness who was not present at the trial because the witness has been sworn in. Keywords: Electronic Media in the criminal justice system.   Abstrak Pembuktian melalui media elektronik dalam persidangan pidana, masih didasarkan pada ketentuan yang terdapat dalam Kitab Undang-Undang Hukum Acara Pidana, yaitu dengan mengacu pada teori pembuktian berdasarkan hukum secara negatif, tetapi dalam praktiknya masih ada persidangan pidana pro dan kontra. Namun, sebenarnya kebenaran teleconference dari pemeriksaan saksi tetap bernilai sama, dengan saksi yang tidak hadir di persidangan karena telah saksi telah ditetapkan. Kata kunci: media elektronik; sistem; peradilan pidana

scholarly journals Protections for vulnerable accused in Malaysian criminal trials: Are they sufficient? Proposal for reform

2021 ◽  
Author(s):  
◽  
Naziah Mohd Alias
Keyword(s):  
Criminal Procedure ◽  
Fair Trial ◽  
Criminal Trial ◽  
Proper Treatment ◽  
Criminal Trials ◽  
Support Person ◽  
Procedure Code ◽  
The Law ◽  
The Right

<p>This dissertation argues that the protections for vulnerable accused in Malaysian criminal trials are not sufficient. It is crucial to ensure that vulnerable accused receive proper treatment when dealing with the court. After thoroughly scrutinising the law and practice in several other jurisdictions, this dissertation proposes several amendments to the Criminal Procedure Code and the Evidence Act 1950 to provide clear guidelines as to how to deal with vulnerable accused in a criminal trial. It is ultimately recommended that the right to give an unsworn statement be modified so that it is more effective and fair in its operation. This dissertation further recommends the introduction of an adverse inference clause for the right to remain silent at trial so accused person can better understand the effect of their choice. Recommendations are also made to introduce an intermediary service for those vulnerable accused who choose to give sworn evidence in court, and to allow a support person to accompany a vulnerable accused during trial. These amendments aim to assist vulnerable accused persons physically and emotionally, and to protect their fair trial rights.</p>

scholarly journals USE OF SPECIAL KNOWLEDGE DURING THE EXAMINATION OF THE SCENE OF A CRIME IN THE ORDER OF PART 3 ART. 214 OF THE CRIMINAL PROCEDURE CODE OF UKRAINE

2021 ◽  
Vol 74 (1) ◽  
pp. 153-160
Author(s):  
Andrіy Shulha ◽  
◽  
Tetyana Khailova ◽  
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Knowledge And Skills ◽  
Procedural Law ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
Special Knowledge ◽  
The Law

The article deals with the problem of specialist’s participation in the scene examination, which is carried out before entering information into the Unified Register of the pre-trial investigations. The essence of the problem is that the current criminal procedural law of Ukraine recognizes the specialist’s participation only in the pre-trial investigation, the litigation and the proceedings in the case of the commission of an unlawful act under the law of Ukraine on criminal liability. Part 1 of Article 71 of the Criminal Procedure Code of Ukraine states that a specialist in criminal proceedings is a person who has special knowledge and skills and can provide advice and conclusions during the pre-trial investigation and trial on issues that require appropriate special knowledge and skills. In other cases, the specialist has no procedural status. In addition, Part 1 of Article 237 of the CPC of Ukraine «Examination» states that the examination is conducted to identify and record information on the circumstances of the offense commitment. It is an act provided by the law of Ukraine on criminal liability. However, there are the cases in the investigation, when a report is received, for example, about a person's death, other events with formal signs of the offense, which must first be checked for signs of a crime, and only then the act can be considered as offense. In this case, a specialist takes part in the scene examination. However, the current criminal procedure law in accordance with Part 1, Article 71 of the Criminal Procedure Code of Ukraine determines the legal status of a specialist only as the participant in criminal proceedings. The paragraph 10, part 1 of Article 3 of the Criminal Procedure Code of Ukraine defines the criminal proceedings as pre-trial investigation and court proceedings or procedural actions in the case of the commission of an unlawful act. Therefore, when the inspection of the scene is based on the uncertain status of the event (there is no clear information that the event contains signs of an offense), the specialist’s participation is not regulated by law. The authors propose to consider the specialists as «experienced persons» in cases mentioned above and to include their advices to the protocol of the scene examination, as the advices of other scene examination participants.

scholarly journals RETURNS OF ASSETS IN CORRUPTION CRIMINAL ACTS AS ALTERNATIVE RESTORING STATE LOSSES

2020 ◽  
Vol 2 (1) ◽  
pp. 27-34
Author(s):  
Komang Ekayana
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
The State ◽  
Recovery Model ◽  
Formal Approach ◽  
The Rule Of Law ◽  
Asset Recovery ◽  
Criminal Procedure Law ◽  
The Law

Corrupted state assets certainly hurt the country narrowly, but also broadly where it harms the country and its people. However, the formal approach through the current criminal procedure law has not been able to recover the losses suffered by the state. In fact, state losses resulting from corruption are state assets that must be saved. Then there needs to be a new breakthrough to recover state losses through the asset recovery model. When looking at the country from the perspective of the victims, the state must obtain protection, in this case recovery from the losses suffered due to corruption. This paper examines the model of returning assets resulting from corruption in the law enforcement process that focuses on the rule of law in the 2003 UNCAC Convention and the mechanism of returning state assets in terms of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crimes. 

scholarly journals Prohibition of interrogation of notaries as witnesses in criminal proceedings

1970 ◽  
pp. 345-349
Author(s):  
Ulyana Polyak
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Literature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
The Law ◽  
Notary Public ◽  
Made In

The current criminal procedure law of Ukraine stipulates that a witness is obliged to give a true testimony during pre-trial investigation and trial, however, the legislator made an exception for this by specifying the categories of persons who have been granted immunity from immunity, ie they are released by law. testify. The article deals with the problems of law and practice regarding the prohibition of the interrogation of a notary as a witness in criminal proceedings and the release of him from the obligation to keep the notarial secret by the person who entrusted him with the information which is the subject of this secret. The notion of notarial secrecy is proposed to be changed, since the subject of this secrecy is not only information that became known to the notary public from the interested person, but also those information that the notary received from other sources in the performance of their professional duties, as well as the procedural activity of the notary himself, is aimed at achieving a certain legal result. The proposal made in the legal literature to supplement the CPC of Ukraine with the provisions that a notary is subject to interrogation as a witness on information that constitutes a notarial secret, if the notarial acts were declared illegal in accordance with the procedure established by law The proposal to increase the list of persons who are not subject to interrogation as witnesses about the information constituting a notarial secret is substantiated, this clause is proposed to be supplemented by provisions that, apart from the notary, are not notarized, other notarials, notaries as well as the persons mentioned in Part 3 of Art. 8 of the Law of Ukraine "On Notary". Amendments to the current CPC of Ukraine by the amendments proposed in this publication will significantly improve the law prohibiting the interrogation of a notary as a witness in criminal proceedings, as well as improve certain theoretical provisions of the institute of witness immunity in criminal proceedings.

scholarly journals PASAL 54 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DALAM ELABORASI HUKUM PIDANA ISLAM

2021 ◽  
Vol 4 (1) ◽  
pp. 48-69
Author(s):  
Diah Ratri Oktavriana ◽  
Nasiri Nasiri
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Legal Service ◽  
Legal Assistance ◽  
Legal Aid ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Law ◽  
The Right

This research is a normative research. One of the fulfillment of human rights is justice in equalizing the position of every citizen before the law, as stated in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The right to equality before the law or what is commonly referred to as equality before the law is a principle that provides recognition and protection of human rights for every individual regardless of one's background. Therefore, it is true that Law Number 16 of 2011 concerning Legal Aid for People Who Are Less Capable to Guarantee Constitutional Rights of Citizens for Justice and Equality before the Law emerged. Legal aid is a legal service provided by advocates to the community seeking justice In the realm of criminal cases, the provision of legal assistance is described in Article 54 of the Criminal Procedure Code which explains that in the interests of defense, a suspect or defendant has the right to receive legal assistance from one or more legal advisers during the time and at each level of examination. The provision of legal assistance must be based on the principle of equality before the law as stated in the explanation of Law Number 8 of 1981 concerning Criminal Procedure Law. From the various analyzes that have been carried out, in the perspective of Islamic criminal law it can be concluded that the principle of equality before the law as described in Article 54 of the Criminal Procedure Code is equivalent to an order to provide legal aid which in Islamic criminal law is spelled out in Surah Al-Maidah verse 2 which states that as a fellow humans are ordered to help each other as a form of horizontal worship to fellow humans (habl minan-nas). In addition there are many more both in the Al Qur'an and the hadith of the prophet regarding the application of the principle of equality before the law.

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