scholarly journals Characteristics of Electronic (Digital) Evidence Assessment

2021 ◽  
Vol 16 (8) ◽  
pp. 118-128
Author(s):  
M. I. Voronin
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Active Phase ◽  
Digital Evidence ◽  
Procedural Law ◽  
Judicial Practice ◽  
General Rules ◽  
Criminal Procedure Law ◽  
Source Of Information ◽  
Digital Nature

In modern criminal procedure law enforcement practice, the assessment of electronic (digital) evidence is carried out according to the general rules for assessing evidence, regulated by the criminal procedure law. At the same time, the courts often do not take into account the electronic (digital) nature of the type of evidence under consideration, which sometimes leads to an erroneous criminal legal qualification of the act or to other incorrect conclusions in the final procedural decision. Scientific comprehension of a new source of information in the system of normatively established evidence is in its active phase (and is still far from completion). However, this analysis of theoretical views and law enforcement, primarily judicial, practice makes it possible to put forward proposals for a phased reform of the criminal procedural law and adjusting law enforcement on the basis of obvious and the features of electronic (digital) evidence, which do not cause fundamental objections, concerning their essence, the specifics of collection, verification and evaluation. The paper focuses on such an element of establishment of evidence as evidence assessment, since, due to the fact that it is less formalized, the courts quite often make mistakes when assessing the relevance, admissibility and reliability of electronic (digital) evidence.

scholarly journals Topical Issues of Interpretation of the Criminal Procedure Norms on the Basis of Judicial Practice Taking into Account the International and Russian Components

2020 ◽  
Vol 9 (3) ◽  
pp. 46
Author(s):  
Tatyana Gennad’evna Borodinova ◽  
Anna Alexandrovna Petrikina ◽  
Vladimir Vladimirovich Borodinov ◽  
Irina Vladimirovna Gubko
Keyword(s):  
Law Enforcement ◽  
Practical Importance ◽  
Criminal Procedure ◽  
Information Support ◽  
Digital Information ◽  
Criminal Proceedings ◽  
Systematic Analysis ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
First Time

The research reveals the peculiarities of interpretation of the criminal procedure norms emphasizing the practical importance. Its purpose is to identify and solve problems of law enforcement in criminal proceedings. The nature and types of interpretation of the criminal procedure norms were subjected to a detailed analysis based on the judicial and investigative practice. Difficulties with interpretation of the criminal procedure norms in connection with the legislative gaps, difficulties in the process of interpreting the cross-industry terms lack of digital information support of the newly published acts interpreting the norms of law and establishment of specific terms for its implementation, were singled out as separate problems. The use of a set of methods of scientific cognition was promotive of the achievement of the result. The conclusions show that the competent interpretation and application of the criminal procedure law by the courts, taking into account the specifics of this branch of law, can increase the efficiency of justice. The scientific novelty of this research is that for the first time, in an integrated manner and on the basis of a systematic analysis of the practice of interpretation and application of the norms of criminal law. It is planned to formulate proposals and recommendations to improve the work of the courts, law enforcement bodies and the advocacy suggesting specific measures to optimize the said direction.

scholarly journals IMMIGRATION PERSPECTIVE ON FOREIGN EXPERT IN INDONESIAN LAW OF CRIMINAL PROCEDURE

2019 ◽  
Vol 2 (2) ◽  
pp. 97-106
Author(s):  
Prima Setiawan
Keyword(s):  
Law Enforcement ◽  
Expert Testimony ◽  
Criminal Procedure ◽  
Legal Counsel ◽  
Foreign National ◽  
Residence Permit ◽  
Procedural Law ◽  
Foreign Countries ◽  
Criminal Procedure Law ◽  
Foreign Expert

The implementation of criminal law enforcement in Indonesia is based on criminal procedural law. Criminal Procedure Law is a formal law that is in the regulations regarding the provisions of the legal process. Proof processes as the legal means of proof based on Law Number 8 of 1981 shall be Witnesses Testimony, Expert Testimony, a Document, an Indication and Accused Testimony. Expert testimony has an important role in the Proof processes both from the level of investigation to the trial by the judge. In doing so, an expert can be a foreign national. Normative-empirical research by the method of legal research on legal instruments conducted to explain how the immigration perspective of experts who are foreign citizens. Experts who are citizens of foreign countries must have a residence permit stipulated in the Immigration Act, even though, it is a state order for someone who gives testimony as an expert in order to uphold the law as fairly as possible. To achieve this, as well as by not violating the immigration provisions for experts who are foreigner, the authors provide advice for law enforcers, both investigators, public prosecutors, judges and legal counsel to know and understand the immigration provisions that applied to foreigners as the experts in law enforcement process.  

scholarly journals CERTAIN PROCEDURAL ASPECTS OF THE BEGINNING OF CRIMINAL INVESTIGATION

2021 ◽  
Vol 1 (1) ◽  
pp. 52-60
Author(s):  
Dmуtrо Pylypenko ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Justice Reform ◽  
Time Limits ◽  
Procedural Law ◽  
Criminal Procedure Law ◽  
Legal Fact

The article analyzes the features of the beginning of criminal proceedings defined by the current criminal procedure law of Ukraine. The criminal procedural norms which define an initial stage in criminal proceedings are investigated. The provisions of the norms of the legislation which determine the legal fact of the beginning of proceedings in the case are analyzed. The positions of scientists in this regard are considered. In particular, the scientific concepts concerning the implementation in the norms of the current law of the provision that existed in the content of the Criminal Procedure Code of 1960, namely the decision to initiate a criminal case. The analysis of the practice of application of the current norms of the criminal procedural law in this regard for the author's point of view on the expediency of such a step is analyzed. The author's position on the preservation of the existing law within the existing provisions, on the commencement of criminal proceedings from the moment of entering information into the unified register of pre-trial investigations. This position is fully correlated with the provisions of the concept of criminal justice reform. There are also examples from the practical activities of law enforcement agencies, which were the basis for this conclusion. The article also examines the issue of determining the time limits for the start of pre-trial investigation in criminal proceedings and entering information into a single register of pre-trial investigations. The positions of scientists on this issue, which are quite different and sometimes polar, are analyzed. The author's attention is focused on certain difficulties that arise in law enforcement agencies during the proper initiation of criminal proceedings. It is emphasized that the term available in the current law for twenty-four hours is extremely insignificant for the correct determination of the qualification of the offense and its composition. It is proposed to increase the period to three days during which the investigator must enter information into the unified register of pre-trial investigations and initiate criminal proceedings. It is these time limits that must be sufficient for the investigator or prosecutor to properly comply with the requirements of the applicable criminal procedure law.

Criminal proceedings

2021 ◽  
Author(s):  
Aleksey Proshlyakov
Keyword(s):  
Law Enforcement ◽  
State Standard ◽  
Legal Education ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
Criminal Proceedings ◽  
Law Schools ◽  
Judicial Practice ◽  
Wide Range ◽  
Criminal Procedure Law

The textbook was prepared by the author's team of the Department of Criminal Procedure of the Ural State Law University in accordance with the course program "Criminal Procedure" developed by him, which fully complies with the State Standard of higher legal education (bachelor's, specialist, master's, postgraduate). It takes into account and uses all the changes made to the criminal procedure law, judicial practice, as well as a wide range of scientific and practical works of domestic and foreign procedural scientists. The textbook is provided with a glossary and illustrated with diagrams on the main topics of the course. For students, postgraduates and teachers of law schools and faculties, as well as practicing lawyers, law enforcement officers, researchers

scholarly journals Anomaly of Law Enforcement in Basuki Tjahaja Purnama Case

2018 ◽  
Vol 2 (1) ◽  
pp. 1-7
Author(s):  
Muhammad Prima Ersya
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Process ◽  
Procedural Law ◽  
The Future ◽  
Criminal Procedure Law ◽  
The Law

The case of former Jakarta governor Basuki Tjahaya Purnama began when he spoke in Kepu-lauan Seribu on September 27, 2016, quoting a verse of the Holy Qur'an that was deemed to have no relevance to the purpose of his arrival which became the basis of the allegation on de-famation against religion as defined in Article 156a of the Criminal Code. As a follow-up of the case, the legal process for the report is conducted and immediately becomes the focus of community concentration. However, in the case of law enforcement process is considered to have some peculiarities and deviate from the principle or principle of criminal procedural law. This is what makes this case interesting to investigate further by using seve-ral instruments related legislation, such as Law No. 8 of 1981 About Criminal Procedure Law. The paper is discussed using the normative juridical approach that focuses on reviewing violations of the principle or principle of criminal procedural law in the law enforcement of religion defama-tion by Basuki Tjahaya Purnama. In the future it is hoped that the negligence of application of the principle or principle of criminal procedure does not happen again. Keywords: defamation of religion, criminal procedural law, law enforcement ABSTRAK Kasus Mantan Gubernur DKI Jakarta Basuki Tjahaya Purnama diawali saat ia berbicara di Kepulauan Seribu pada tanggal 27 September 2016 dan mengutip salah satu ayat Kitab Suci Al Qur’an yang dianggap tidak memiliki relevansi dengan tujuan kedatangannya, sehingga hal tersebut dijadikan dasar laporan atas dugaan tindak pidana penistaan terhadap agama sebagaimana yang dirumuskan dalam Pasal 156a Kitab Undang-Undang Hukum Pidana. Sebagai bentuk tindak lanjut dari kasus tersebut, maka proses hukum untuk laporan tersebut dilakukan dan langsung menjadi fokus konsentrasi masyarakat. Namun dalam hal proses penegakan hukumnya dinilai memiliki beberapa ke-janggalan dan menyimpang dari asas atau prinsip hukum acara pidana. Hal inilah yang membuat kasus ini menarik untuk diteliti lebih lanjut dengan menggunakan beberapa instrumen peraturan perundang-undangan yang terkait, diantaranya adalah Undang-Undang Nomor 8 Tahun 1981 Tentang Hukum Acara Pidana. Pembahasan dalam tulisan ini dilakukan dengan menggunakan metode pendekatan yuridis normatif yang fokus menelaah pelanggaran terhadap asas atau prinsip hukum acara pidana di dalam penegakan hukum kasus penistaan agama oleh Basuki Tjahaya Purnama. Sehingga dikemudian hari diharapkan kelalaian penerapan asas atau prinsip hukum acara pidana tidak terulang lagi. Kata Kunci: penistaan agama; hukum acara pidana; penegakan hukum

scholarly journals Procedural and organizational activities in the seizure of electronic media

2021 ◽  
Vol 2021 (4) ◽  
pp. 102-110
Author(s):  
Elena Alontseva
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Scientific Work ◽  
Electronic Media ◽  
Entrepreneurial Activity ◽  
Criminal Cases ◽  
Legal Norms ◽  
General Rules ◽  
Criminal Procedure Law ◽  
Correct Understanding

The article is devoted to the procedural procedure for the seizure of electronic media, taking into account the general rules for the production of investigative actions. The problems of regulating the production of investigative actions, within which it is possible to seize electronic media and law enforcement practice on this issue, are subjected to a detailed study and analysis. It also formulated conclusions and proposals for amendments aimed at eliminating insufficiently clear regulation of legislation and improving law enforcement practice. The main goal of the scientific work is to form a correct understanding of the determination of the grounds and the procedural procedure for the seizure of electronic media of information in the course of investigative actions in compliance with the requirements of the criminal procedure law. For this, some scientific ideas on this issue have been analyzed, the provisions of the criminal procedure law in terms of general rules for the production of investigative actions and other provisions of the law related to the procedure for the seizure of electronic media have been studied in detail, law enforcement practice has been studied. We used formal logical, descriptive, comparative legal methods and the method of interpreting legal norms. The result of the scientific research is conclusions and proposals on the features of the seizure of electronic media in criminal cases in the field of entrepreneurial activity, on the participation of a specialist and attesting witnesses in the seizure or copying of information from electronic media.

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 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 On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice

2021 ◽  
pp. 27-35
Author(s):  
Alexander Fedyunin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation ◽  
Specific Regulation

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

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