LEGAL NATURE OF THE EXAMINATION DE NOVO OF VALID RULINGS IN CRIMINAL PROCEEDINGS

2019 ◽  
Vol 3 (84) ◽  
pp. 4
Author(s):  
Inese Baikovska
Keyword(s):  
De Novo ◽  
Comparative Method ◽  
Criminal Procedure ◽  
Legal Framework ◽  
Synthetic Methods ◽  
Legal Certainty ◽  
Criminal Proceedings ◽  
Res Judicata ◽  
Criminal Procedure Law ◽  
Teleological Interpretation

In this article, the author examines recent developments of the existing criminal procedure legislation with regard to the fresh examination of valid judicial decisions. According to the principle of legal certainty (res judicata), no appeal may lie from a decision that has already entered into force in a criminal case. However, if such a decision proves to be unlawful, the right of persons to a fair trial and a fair final judgment should be regarded as a priority with respect to the principle of legal certainty and legal means should be found for fresh examination or review.The goal of this article is to examine the legal framework and role in criminal proceedings of the following two legal institutions: the re-opening of criminal proceedings due to newly discovered circumstances and the fresh examination of valid decisions due to serious breaches of substantive or procedural law.The tasks of this article are to investigate the fresh examination of valid decisions as defined in the Criminal Procedure Law, opinions provided by legal researchers and relevant case-law. As a result of the research, conclusions are formulated with regard to the legal significance of the fresh examination of valid decisions, and specific suggestions are provided for the improvement of the existing legal framework.The research is based on the analysis of legislation, court decisions, conclusions and opinions. For this article, the author has examined interrelations and differences of the procedural framework according to analytic and synthetic methods and benchmarked specific provisions against other laws based on the comparative method. The methods of grammatical, systemic and teleological interpretation have also been applied in analysing specific legislation and determining the spirit and purpose of laws.

NEWLY DISCLOSED CIRCUMSTANCES – GROUNDS FOR RENEWAL OF CRIMINAL PROCEEDING

2018 ◽  
Vol 1 (82) ◽  
pp. 14
Author(s):  
Inese Baikovska
Keyword(s):  
Criminal Procedure ◽  
Legal Framework ◽  
Fair Trial ◽  
Criminal Proceedings ◽  
Criminal Proceeding ◽  
Criminal Procedure Law ◽  
Definition Of ◽  
The Right ◽  
Legal Force

It is presumed that no appeal may lie from a judgment that has already entered into legal force and such a judgment is regarded as final in a case, criminal proceedings may still be reopened under certain legal circumstances, which are called newly discovered. This is how the right of persons involved in criminal proceedings to a fair trial and a fair final judgment is ensured.The goal of this article is to examine circumstances that can be recognised as newly discovered and serve as grounds for the reopening of criminal proceedings, identify problems related to legal framework and find a legally sound solution. The tasks of this article are to investigate provisions applied to newly discovered circumstances as defined by the Criminal Procedure Law. As a result of the research, the author has concluded that the Latvian legislation governing criminal procedure with respect to the definition of newly discovered circumstances is deficient; therefore, suggestions are provided for the improvement of the existing legal framework. The research is based on the analysis of legislation, judgments of courts, conclusions and separate opinions of judges.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

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 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.

SHORTENED TIMELINE OF APPEAL AGAINST INTERIM COURT DECISIONS MADE AT A PRE-TRIAL STAGE OF CRIMINAL PROCEEDINGS

2021 ◽  
pp. 38-49
Author(s):  
Polina O. Gertsen ◽  
Keyword(s):  
Russian Federation ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Court Decision ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Medical Organization ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Russian Federation

The article deals with the problem of classifying interim decisions among those that are appealed in a shortened timeline, and determining the list of such decisions, as well as the closely related problem of determining the rules for calculating such a shortened timeline. Currently, the Criminal Procedure law provides for the possibility of appealing a number of interim decisions made at a pre-trial stage of criminal proceedings before the final decision Moreover, for appealing some interim decisions at a pre-trial stage of criminal proceedings, a general period of appeal is provided - 10 days from the date of the court decision, or the same period from the date of serving with a copy of the decision the person who is in custody, while for others a shortened timeline is 3 days from the date of the decision. Meanwhile, it follows from the literal interpretation of the Criminal Procedure Code of the Russian Federation that within a shortened three-day period, court decisions on the election of preventive measures in the form of a ban on certain actions, bail, house arrest, detention, the refusal to apply them or extend their application can be appealed. At the same time, such a conclusion is not confirmed either in the positions of the Plenum of the Supreme Court of the Russian Federation or in judicial practice. Based on the analysis of the criminal procedure law, the position of the Supreme and Constitutional Courts of the Russian Federation, scientific literature and practice, several problems are highlighted. Thus, the author states the discrepancy between the provisions of the Code of Criminal Procedure of the Russian Federation and the resolution of the Plenum of the Supreme Court of the Russian Federation when it comes to establishing the terms for appealing the court decision on a preventive measure in the form of bail. In addition, there is no single criterion for establishing shortened deadlines for appealing interim decisions, and there-fore, the list of such decisions requires analysis. In addition, the Criminal Procedure Code of the Russian Federation does not contain a norm that determines the rules for calculating daily terms. The author formulates several proposals for amendments. It is proposed to determine the criteria for a shortened appeal timeline as the restriction of the constitutional right to liberty and immunity of a person that requires the immediate judicial review of the lawfulness of such a decision. It is also necessary to correct the phrasing of Article 106 of the Criminal Procedure Code of the Russian Federation, which defines the procedure for applying a preventive measure in the form of bail, and establish the rule that appeal against such an interim court decision is filed according to the rules of Chapter 45.1 of the Criminal Procedure Code within ten days. The list of court decisions which must be appealed in a shortened timeline must be expanded by a court decision on putting a suspect or an accused into a medical organization providing medical or psychiatric care in hospital settings for forensic examination, as well as the extension of a person’s stay in a medical organization. In addition, the author has analyzed the approaches to the calculation of daily terms and proposes to amend Part 1 of Article 128 of the Criminal Procedure Code of the Russian Federation by establishing a single procedure for calculating daily terms, which does not take into account the day that served as a starting point of the term.

Legislative Evolution in Romanian Criminal Proceedings: The Special Procedure for Compensation of Material or Moral Damages in Cases of Judicial Error

2010 ◽  
Vol 35 (4) ◽  
pp. 369-396
Author(s):  
Mircea Damaschin
Keyword(s):  
Criminal Procedure ◽  
Legal Framework ◽  
Potential Effect ◽  
European Convention ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Individual Liberty ◽  
Procedure Code ◽  
Special Procedure ◽  
Judicial Error

AbstractThis article analyzes the special procedure for compensating material or moral damages where there has been a wrongful conviction—or other wrongful injury to individual liberty—caused by error in Romanian criminal proceedings.This remedy is provided for by the 1969 Romanian Criminal Procedure Code; however (perhaps inevitably), tension has risen between these provisions and those of the 1991 Romanian Constitution resulting in amendments to both the Code and the Constitution. The most significant of these amendments have flowed from decisions of the Romanian Constitutional Court; in turn, the Constitutional Court has been guided in its determinations of constitutionality by interpretations of the 1950 European Convention on Human Rights.In the present article, the author presents the evolution of Romania's legal framework in this field, analyzing key decisions of the Romanian Constitutional Court. Also considered here is the jurisprudence of Romanian ordinary courts dealing with the compensatory remedy for material or moral damages awarded to victims of judicial error in Romanian criminal proceedings. The relevance here of the practice of the European Court of Human Rights, which has been critical of Romania in this regard, cannot be overestimated.Finally, this article considers the potential effect of changes contained the new Criminal Procedure Code, which has been adopted in mid-2010 by the Romanian Parliament.

INITIATION OF THE CASSATION PROCEDURE IN CRIMINAL PROCEEDINGS

2019 ◽  
pp. 188
Author(s):  
Kristīne Laganovska
Keyword(s):  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
The Third ◽  
Criminal Procedure Law ◽  
Rights And Interests ◽  
The Republic

On June 14, 2018, the Constitutional Court delivered the judgment in the case no. 2017-23-01 On Compliance of the Second and the Third Part of Section 573 of the Criminal Procedure Law with the First Sentence of Article 92 of the Constitution of the Republic of Latvia. The Constitutional court held to recognise the second and the third part of Section (573) of the Criminal Procedure Law, insofar it provides that the matter on initiating cassation proceedings in criminal procedure is decided by one judge, without providing reasoning for refusal to initiate cassation proceedings in criminal procedure, as being incompatible with the first sentence of Article 92 of the Constitution of the Republic of Latvia. Subsequently, the Criminal Procedure Law was amended and amendments came into force on October 25, 2018. The amendments provide that in order to decide on an issue regarding the initiation of cassation proceedings, cassation complaint or protest shall be examined by three judges. The composition of the court and the time when the court will be decided on the initiation of the cassation proceedings shall be notified to the person who lodged the complaint or protest, as well as to the person whose rights and interests are violated by the complaint or protest.

scholarly journals THE OBSTRUCTION OF THE ADMINISTRATION OF JUSTICE AND PRELIMINARY INVESTIGATION: PROBLEMS OF THE OBJECT AND THE OBJECTIVE SIDE

2018 ◽  
Vol 2 (2) ◽  
pp. 97-105
Author(s):  
Alexandra Vladimirovna Boyarskaya
Keyword(s):  
Russian Federation ◽  
Complex Analysis ◽  
Preliminary Investigation ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Criminal Code ◽  
The Body ◽  
Criminal Proceedings ◽  
Criminal Procedure Law ◽  
The Russian Federation

The subject. The article is devoted to the investigation of the main direct object and the circle of victims are subjected of harm by criminal acts stipulated by pts. 1, 2 of art. 294 of the Criminal Code of the Russian Federation.The purpose of the paper is to identify does the art. 294 of Criminal Code of the Russian Federation meets the other provisions of criminal procedure legislation.The methodology of research includes methods of complex analysis, synthesis, as well as formal-logical, comparative legal and formal-legal methods.Results and scope of application. The content of art. 294 of the Criminal Code of the Russian Federation does not comply with the provisions of the criminal procedure law. The discrep-ancy lies in terms of the range of participants in criminal proceedings and the functions performed by them, as well as the actual content and correlation of such stages of criminal proceedings as the initiation of criminal proceedings and preliminary investigation. In addi-tion, the current state of art. 294 of the Criminal Code of the Russian Federation does not take into account the ever-widening differentiation of criminal proceedings.The circle of victims listed in pt. 2 of art. 294 of the Criminal Code of the Russian Federation should be supplemented by such participants in the criminal process as a criminal investi-gator, the head of the investigative body, the head of the inquiry department, the head of the body of inquiry. At the same time, the author supports the position that the criminal-legal protection of the said persons should cover not only their activities at the stage of preliminary investigation, but also of the entire pre-trial proceedings as a whole.The circle of criminal acts provided for in art. 294 of the Criminal Code of the Russian Fed-eration, should also be specified with an indication of encroachment in the form of kidnapping, destruction or damage to such a crime as materials of criminal, civil and other cases, as well as material evidence.Conclusions. The content of art. 294 of the Criminal Code of the Russian Federation does not comply with the provisions of the criminal procedure law. The author formulates the conclusion that the circle of victims listed in pt. 2 of art. 294 of the Criminal Code should be broadened and joins the position that the criminal-legal protection of these persons should cover not only their activities at the stage of preliminary investigation, but also of the entire pre-trial proceedings as a whole.

scholarly journals The Implementation of Preventive Detention in Vietnam: A Human Rights Approach

2019 ◽  
Vol 35 (3) ◽  
Author(s):  
Hoang Tam Phi
Keyword(s):  
Risk Factors ◽  
Human Rights ◽  
Competent Authority ◽  
Criminal Procedure ◽  
Preventive Detention ◽  
Viet Nam ◽  
Monitoring Tool ◽  
Criminal Proceedings ◽  
Criminal Procedure Law ◽  
Human Rights Based Approach

Preventive detention, according to the provisions of the criminal procedure code, is considered to be indispensable in the process of handling criminal cases. In the traditional view, this measure is not only for the purpose of preventing crimes but also to create a favorable condition for the competent authority to conduct criminal proceedings in the process of handling the case. This is a popular view in science and can be seen in the criminal procedure law of socialist countries, including Vietnam. In recent years, the adoption of a  rights-based approach in legislation and law enforcement has become recognized more and more by scholars and has changed the perception of preventive detention in criminal proceedings. The result is the birth of provisions on preventive detention based on the respect and protection of detainees’ human rights. This article will focus on analyzing preventive detention under a rights-based approach to provide the readers with a view arising from the need to respect, ensure, protect human rights in criminal proceedings and propose some recommendations on preventive detention on the basis of the human rights-based approach in order to improve the criminal procedure law in Vietnam. Keywords: Rights-based approach, Preventive detention, Detainee, Human rights of detainees. References: [1] Vũ Công Giao, Ngô Minh Hương, Tiếp cận dựa trên quyền con người - Lý luận và thực tiễn (Sách chuyên khảo), NXB. Đại học Quốc gia Hà Nội, Hà Nội, 2016.[2] Nguyễn Duy Sơn, Trần Thị Hòe, Tiếp cận dựa trên quyền con người trong hoạch định và thực thi chính sách ở Việt Nam, nguồn: http://lyluanchinhtri.vn/home/index.php/nguyen-cuu-ly-luan/item/595-tiep-can-dua-tren-quyen-con-nguoi-trong-hoach-dinh-va-thuc-thi-chinh-sach-o-viet-nam.html.[3] Chương trình phát triển Liên Hợp Quốc tại Việt Nam: http://www.un.org.vn/vi/component/docman/doc_details/115-a-human-rights-based-approach- toolkit.html?Itemid=266.[4] APT, Detention Monitoring Tool Factsheet Pre-trial detention Addressing risk factors to prevent torture and ill-treatment, Link: https://apt.ch/en/resources/detention-monitoring-tool-addressing-risk-factors-to-prevent-torture-and-ill-treatment/ (Truy cập lần cuối: 18/07/2019).[5] Trần Quang Tiệp, Về tự do các nhân và biện pháp cưỡng chế tố tụng hình sự, Nxb. Chính trị quốc gia, Hà Nội, 2005.[6] Gudmundur Alfredsson & Asjorn Eide (Chủ biên), The Universal Declaration of Human Rights: A Common Standard of Achivement (Tuyên ngôn Quốc tế Nhân quyền, 1948: Mục tiêu chung của nhân loại), Nguyễn Đăng Dung, Vũ Công Giao, Lã Khánh Tùng (Chủ biên bản dịch), NXB. Thanh niên, Hà Nội, 2017[7] Khoa Luật, ĐHQG Hà Nội, Giới thiệu Công ước về các quyền dân sự và chính trị (ICCPR, 1966), Nxb. Hồng Đức, Hà Nội, 2012.[8] Bùi Kiên Điện, “Vấn đề cưỡng chế tố tụng hình sự và nguyên tắc nhân đạo”, Tạp chí Luật học, Số 1, 2010.[9] Các quy tắc tiêu chuẩn tối thiểu của Liên hợp quốc về hoạt động tư pháp đối với người vị thành niên năm 1985 (Các quy tắc Bắc Kinh) theo Nghị quyết 40/33 ngày 29/11/1985 của Đại Hội đồng Liên Hợp Quốc.[10] Nguyễn Đăng Dung, Vũ Công Giao, Lã Khánh Tùng, Giáo trình lý luận và pháp luật về quyền con người, Nxb. Chính trị quốc gia, 2015, tr.164.[11] Tập hợp các nguyên tắc về bảo vệ tất cả những người bị giam hay tù dưới bất kì hình thức nào của Liên Hợp Quốc do Đại hội đồng Liên hợp quốc thông qua ngày 9/12/1988 theo Nghị quyết số 43/173.[12] Xuân Ân, Còn một số vi phạm trong các trại giam, tạm giữ, Báo Tiền phong (điện tử): https://www.msn.com/vi-vn/news/other/c%C3%B2n-m%E1%BB%99t-s%E1%BB%91-vi-ph%E1%BA%A1m-trong-c%C3%A1c-tr%E1%BA%A1i-giam-t%E1%BA%A1m-gi%E1%BB%AF/ar-AAEfrek (Truy cập lần cuối: 05/08/2019).[13] Trần Văn Độ, Hoàn thiện các quy định của Bộ luật Tố tụng hình sự về biện pháp tạm giam, nguồn: http://tks.edu.vn/thong-tin-khoa-hoc/chi-tiet/79/274 (Truy cập lần cuối: 12/10/2017).[14] Nghị quyết số 49-NQ/TW ngày 02 tháng 06 năm 2005 của Bộ Chính trị về Chiến lược cải cách tư pháp đến năm 2020.[15] Lê Minh Tuấn, “Hoàn thiện một số quy định của BLTTHS về tạm giam nhằm đáp ứng yêu cầu cải cách tư pháp”, Tạp chí Kiểm sát, Số 9, 2008.[16] Viện Kiểm sát Nhân dân Tối cao - Cục Thống kê.[17] Viện Kiểm sát Nhân dân Tối cao - Vụ kiểm sát tạm giữ, tạm giam, thi hành án hình sự (2010), Báo cáo tổng kết công tác kiểm sát việc tạm giữ tạm giam, quản lý và giáo dục người chấp hành án phạt tù từ các năm 2005 đến 2009, Hà Nội.[18] Viện Kiểm sát Nhân dân Tối cao - Vụ kiểm sát tạm giữ, tạm giam, thi hành án hình sự (2010), Báo cáo tổng kết công tác kiểm sát việc tạm giữ tạm giam, quản lý và giáo dục người chấp hành án phạt tù từ các năm 2010 đến 2014, Hà Nội.[19] Nguyễn Tiến Tài, Để tránh chuyện tạm giam vô thời hạn, nguồn: http://www2.hvcsnd.edu.vn/vn/Acedemy/Nghien-cuu-Trao-doi/76/325/De-tranh-chuyen-tam-giam-vo-thoi-han.aspx (Truy cập lần cuối: 05/08/2019).[20] Webside: https://danluat.thuvienphapluat.vn/chia-se-bo-luat-to-tung-hinh-su-cac-nuoc-166373.aspx (Truy cập lần cuối: 05/08/2019).  

scholarly journals PERANAN ALAT BUKTI DALAM PERKARA PIDANA DALAM PUTUSAN HAKIM MENURUT KUHAP

Yuridika ◽  
2017 ◽  
Vol 32 (1) ◽  
pp. 17
Author(s):  
Bastianto Nugroho
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
The State ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Examination Process

The trial of a criminal case is to find out whether a criminal offense has occurred in an event, therefore in the most important criminal proceedings the proceedings are proved. Evidence is a problem that plays a role in the examination process in court because with this proof is determined the fate of a defendant. The legal function in the State of Indonesia is to regulate the order of society in the life of the nation and the state, whereas the violation of the law itself is an event that must exist in every society and is impossible to be eliminated absolutely, because violation of law is an integral part of development More complex. One of the provisions governing how the law enforcement officers carry out the task in the field of repressive is the criminal procedure law which has the purpose of searching and approaching material truth, the complete truth of a criminal case by applying the provisions of criminal procedure law honestly darn precisely with The purpose of finding out who the perpetrator can be charged with is a violation of the law. 

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