scholarly journals Criminal Procedure Acts of the Preliminary Investigation Bodies in the General Mechanism of Public Administration

2019 ◽  
pp. 122-133
Author(s):  
A. V. Milikova
Keyword(s):  
Public Administration ◽  
Preliminary Investigation ◽  
Special Kind ◽  
Criminal Procedure ◽  
General System ◽  
The State ◽  
General Mechanism ◽  
Criminal Proceedings ◽  
Structural Element ◽  
Administrative Functions

The paper is devoted to a comprehensive doctrinal analysis of criminal procedural acts of the preliminary investigation bodies in the general system of legal acts of administration as the most effective legal instruments of public administration. Considering the criminal proceedings in general and the preliminary investigation in particular as a special kind of public administration, and a specific form for the implementation of executive and administrative functions of the state, the authors conclude that the criminal procedure acts of the preliminary investigation bodies are a structural element of a unified system of legal acts of control, forming in it independent subsystem. In this regard, the paper substantiates the position that the legal nature of the criminal procedure acts of the preliminary investigation bodies is in many respects consistent with the general principles and postulates inherent in the legal acts of general government. Their theoretical basis and the corresponding legislative base are subject to consideration, comprehension and development in the context of general methodological laws identified and analyzed in the theory of law and the state and administrative and legal science, but taking into account the specifics due to the separate sphere of criminal procedure regulation, the special purpose of the criminal legal proceedings and the special character of the criminal procedure form and criminal procedure guarantees arising from it.

scholarly journals A Justice of the Peace Court as a Regulator of Criminal Procedure Relationships Containing Right Abuse Attributes

2021 ◽  
pp. 3-8
Author(s):  
Danil A. Donika ◽  
Keyword(s):  
Comparative Analysis ◽  
Scientific Literature ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
The State ◽  
Criminal Proceedings ◽  
Judicial Control ◽  
Response Measures ◽  
Justice Of The Peace ◽  
Abuse Of Law

The article deals with the problem of abuse of subjective right in criminal proceedings at the stage of preliminary investigation. Based on a comparative analysis and study of foreign scientific literature, conclusions are drawn about the state of the issue under study in Russian criminal proceedings. Attention is focused on the need to work out procedural response measures by providing the magistrates’ courts and courts in general with additional, normative legal opportunities in order to effectively exercise judicial control at the pre-trial stage of the investigation in cases of abuse of law on the part of participants in the process.

ON THE POSSIBILITIES OF INTEGRATING ARTIFICIAL INTELLIGENCE INTO CRIMINAL PROCEEDINGS

2021 ◽  
Vol 17 (5) ◽  
pp. 220-227
Author(s):  
ELENA PAPYSHEVA ◽  
Keyword(s):  
Artificial Intelligence ◽  
Formal Language ◽  
Preliminary Investigation ◽  
Digital Technologies ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
The State ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Machine Readable

This article examines the possibilities of using machine-readable law technologies in criminal procedural legislation and criminal proceedings; the analysis of the Concept of development of technologies of machine-readable law is carried out in order to determine the possibility of applying its provisions in the context of criminal procedural law. According to the author, the development of the technology of machine-readable law sets the legislator the task of starting the process of adapting the norms of the criminal procedure law to their subsequent presentation in formal language. Legislative acts should be structured as much as possible, within the acts, norms are more clearly divided into certain categories and groups with the building of logical connections between them. The norms of legislative acts need to be formalized, their content should not have legal and linguistic uncertainties, normative conflicts and broad discretionary powers. The conclusion is made about the need for legal transformations, formalization of the norms of the Criminal Procedure Code of the Russian Federation, based on the principle of legal certainty. If the adaptation of legislation to machine-readable norms is the future in the development of science and the system of legal regulation of the state, then the use of digital technologies in criminal proceedings is a matter of the present. It seems that modern digital technologies are sufficiently developed to start developing an automated information system at the state level that meets the formal requirements of the Criminal Procedure Code, within the framework of which a preliminary investigation will be carried out. Moreover, we are talking not only about the «electronic criminal case» in its generally accepted understanding. The author proposes the creation of a comprehensive universal program that provides for the automated application of the ontology of machine-readable law (descriptions in the formal language of many objects in the field of law and the connections between them) in the investigation of criminal cases using the method of teaching artificial intelligence based on a large array of data (including data, constituting the empirical base of research, which was studied in the development of private methods for investigating certain types of crimes).

scholarly journals Forensic Expertise as a Special Method of Proving in Predictional Proceedings in Criminal Case

2020 ◽  
Vol 4 (91) ◽  
pp. 100-107
Author(s):  
S.B. Rossinsky ◽  
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
General System ◽  
Criminal Case ◽  
Special Method ◽  
Criminal Proceedings ◽  
Forensic Examination ◽  
Special Character ◽  
Special Means ◽  
Special Knowledge

With this article, the author continues the cycle of his publications devoted to the problems of proof in pre-trial proceedings in a criminal case. The article considers one of the most controversial procedural methods of establishing the circumstances that are important for a criminal case - forensic examination. The most common methods of collecting evidence in pre-trial proceedings are compared: forensic examination and investigative actions. Its essential features are consistently identified and analyzed, which predetermine its special character and special place in the general system of cognitive techniques that are in the arsenal of the preliminary investigation bodies. As such signs stand out: a) the need to use special knowledge; b) mandatory involvement of an expert as a special participant in criminal procedural relations; c) the need for research and the formulation of expert conclusions; d) complicated criminal procedure form; e) formation of a special means of criminal procedural proof - an expert opinion. Separately, attention is drawn to the rather serious procedural capabilities of an expert, which resemble not so much the rights of participants in criminal proceedings provided for in Ch. 8 of the Criminal Procedure Code of the Russian Federation, how many jurisdictional powers of the preliminary investigation bodies and the court It has been suggested that the opportunity given to the expert to assess the actual soundness of the objects of research and their aggregate sufficiency for formulating certain conclusions, likens him to a kind of scientific judge, that is, the role that the famous German scientist K. Mittermeier predicted more than 150 years ago ... The forensic examination is defined as a very original, to a certain extent even a unique procedural technology aimed at establishing (proving) the circumstances that are important for a criminal case.

DEFINITIONS OF CATEGORIES PURPOSE AND TASKS OF CRIMINAL PROCEEDINGS IN THE MODERN CRIMINAL PROCESS

2018 ◽  
Author(s):  
Svitlana Patiuк ◽  
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Modern Theory ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Norms ◽  
State Changes ◽  
The Individual ◽  
Goals And Objectives ◽  
Functional Purpose

"Definitions of categories, the goal and objectives of criminal proceedings in modern criminal proceedings" analysed the legal norms and provisions of doctrinal concepts to determine the goals and objectives of criminal proceedings. The author formulated conclusions and generalizations that since criminal proceedings are a sphere of state activity, it depends on the direction of the political course of the state, changes in state policy, which always leads to a change in the ideology of the criminal process as a whole, including the transformation of goals and objectives criminal proceedings. The purpose and objectives of criminal proceedings depend on the historical form of the criminal process, a common feature of which is the ratio of freedom (interests) of the individual and the state, expressed in the procedural position of the main participants in the process. Criminal procedure legislation and doctrine define the resolution of a dispute (conflict) between the state and the accused arising as a result of the commission of a crime as the goal of the criminal process in most countries in which the adversarial nature of criminal proceedings prevails. As the goal of criminal proceedings in the modern theory of criminal procedure, it is proposed to consider the protection of the individual, society and the state from criminal offences in the settlement of criminal-legal conflicts arising as a result of these offences. The goal in the criminal process determines the setting of tasks and represents the ultimate conclusion from the sum of all the tasks being implemented. The task of criminal proceedings should be determined taking into account the functional purpose of the subjects of criminal proceedings, and therefore the task is the fulfilment of his duty by a participant in criminal proceedings, which is determined by his functional purpose, based on the principle of competition of the parties.

POWERS OF THE PRESIDING JUDGE IN A JURY TRIAL IN THE CONTEXT OF ADVERSARIAL PRINCIPLES OF RUSSIAN CRIMINAL PROCEDURE

2021 ◽  
pp. 64-76
Author(s):  
Tatyana K. Ryabinina ◽  
◽  
Daria O. Chistilina ◽  
Keyword(s):  
Citizen Participation ◽  
Criminal Procedure ◽  
The State ◽  
Jury Trial ◽  
Criminal Proceedings ◽  
Strict Adherence ◽  
Jury Trials ◽  
Definition Of ◽  
The Individual

The main objective is to examine the powers of the presiding judge in jury trials in the context of adversarial principles of criminal proceedings. Particular attention will be paid by the authors to different approaches to the notion of adversariality and the definition of the role of a professional judge in such courts, as well as the degree of his activity during the judicial investigation. The main methods used by the authors were dialectical and systematic method, analysis, synthesis, as well as special legal methods of knowledge. The outcome of the research will be a definition of the role of the presiding judge in a jury trial. Forms of criminal procedure that allow the individual to directly participate in the deci-sion-making process of the judiciary are responsible for ensuring citizen participation in the administration of justice in the state. Two such forms have been developed in the world practice so far: the classical jury trial model and the Scheffen model. Each of them provides certain (broad or narrow) powers of a professional judge, the scope of which determines the degree of independence of citizens and the ultimate prospects for the development of a system of popular democratic justice in an adversarial system of criminal proceedings. In today's Russia, the classical jury trial model, modeled after the English jury trial, does not provide for broad powers of the court. In addition, there is the adversarial principle in Russia, which is fostered by the existence of jury trials. However, strict adherence to its provisions may lead to a misunderstanding of the role of the presiding judge in such a court. The activity of a professional judge should be balanced in accordance with the needs of the criminal case under consideration. Thus, requesting additional evidence in the course of the trial in order to verify existing evidence should not be considered a violation of the adversarial principle. Thus, the development of the optimal model for jury trial functioning as well as the determination of the presiding judge's role in the context of adversarial principles of criminal proceedings is a socially-systemic task. It requires a comprehensive dogmatic, comparative-legal and political-legal approach in order to develop the jury trial model which is more con-sistent with the legal system of the state.

Judicial Control and Prosecutorial Supervision in the System of Guarantees for Observing the Rights and Freedoms of a Suspect Person

2020 ◽  
Vol 9 (3) ◽  
pp. 792
Author(s):  
Talgat T. DYUSSEBAYEV ◽  
Aizhan A. AMANGELDY ◽  
Talgat T. BALASHOV ◽  
Ainur A. AKIMBAYEVA ◽  
Kuanysh ARATULY ◽  
...  
Keyword(s):  
Human Rights ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Evidence Based ◽  
Criminal Proceedings ◽  
Judicial Control ◽  
Procedure Code ◽  
Legitimate Interests ◽  
Cis Countries ◽  
Special Studies

In the process of reforming the criminal procedure legislation, the institution of the prosecutor’s office has become one of its important aspects. The judiciary, being one of the independent and autonomous branches of power in criminal proceedings, which is a system of protecting the rights and freedoms of citizens, is by far the most effective structure for protecting human rights. The article reveals the essence of judicial control and prosecutorial supervision, identifies a number of problems in the form of potential threats to ensure the rights and legitimate interests of a suspect (accused) in this form of preliminary investigation. As a result of the study, the following was stated. The current provisions of the CIS constitutions regulating the sphere of human rights and freedoms have made it possible to single out separate independent areas in the activities of the prosecutor’s office. Based on the practical problems that arise in the conditions of the new Criminal Procedure Code in the CIS countries, the authors consider it reasonable that the current oversight functions assigned to the prosecution authorities in ensuring the rights and freedoms of a suspect and an accused during the investigation, necessitate further special studies with the aim of development of evidence-based proposals for their resolution.  

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 A teoria da perda de uma chance probatória aplicada ao processo penal / The theory of loss of chance probative applied to criminal proceedings

2017 ◽  
Vol 13 (3) ◽  
pp. 455
Author(s):  
Alexandre Morais da Rosa ◽  
Fernanda Mambrini Rudolfo
Keyword(s):  
Civil Law ◽  
Criminal Procedure ◽  
The State ◽  
Criminal Proceedings

Resumo: A Teoria da Perda de uma chance surgida no ambiente do Direito Civil é adaptada para o regime do Processo Penal, especificamente no tocante à necessidade de o Estado, via acusação, produzir todas as provas disponíveis para apuração e comprovação da conduta imputada.Palavras-chave: Perda Chance. Prova. Processo Penal. Abstract: The Theory of loss of chance arose in the Civil Law of the environment is adapted for the regime of Criminal Procedure, specifically regarding the necessity for the state, by duty, to produce the evidence available to determine and prove the alleged criminal conduct.Keywords: Loss Chance. Proof. Criminal Procedure.

scholarly journals ON SOME COMMENTS ON THE NORMATIVE FORMULATIONS FOR THE PURPOSE OF CRIMINAL PROCEEDINGS

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 127-133
Author(s):  
Виктор Николаевич ГРИГОРЬЕВ
Keyword(s):  
Russian Federation ◽  
Justice System ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Legal Situation ◽  
Law Enforcement Officials ◽  
The Subject ◽  
The Russian Federation

The purpose of Russian criminal proceedings, which is very important among the modern social and legal institutions, is nevertheless deficient in its legal and regulatory form. It is noted that in the modern situation, some formulations of the purpose of criminal proceedings have come into conflict with the real social and legal reality. Purpose: to resolve contradictions between the formulations of the purpose of criminal proceedings and the actual social and legal reality. Methods: the author uses the methods of dialectical and formal logic, comparison, description, observation, interviewing, experiment, analysis, interpretation. Results: a theoretical basis has been developed for the choice, in the event of a conflict between the formulations of the purpose of criminal proceedings and the actual social and legal situation, of whether to change the normative formulation of the purpose of criminal proceedings or whether to change the procedure itself. In choosing the subject of reform, preference is given to traditional Russian values. Modern trends in Russian criminal proceedings do not fully reflect the needs of civil society in the Russian Federation. It is more accurate to assume that this is the result of a system of departmental and bureaucratic measures to distribute influence and burden. From a humanitarian standpoint, it would be more correct to return the criminal justice system to a state where it will again reflect the lost purpose, in particular, protecting individuals from unlawful accusations. The first step should be to remove from law enforcement officials the obligation to be unilateral in the examination of evidence and to represent only one party – the accusation (Chapter 6 of the Criminal Procedure Code of the Russian Federation), as well as to remove the normative prohibition for the preliminary investigation and inquiry bodies to gather evidence defending the accused (Part 2 article 15 of the Criminal Procedure Code of the Russian Federation).

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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