scholarly journals “Deal” in German criminal procedure

2020 ◽  
Vol 6 (4) ◽  
pp. 9-15
Author(s):  
Thomas Rönnau
Keyword(s):  
Justice System ◽  
Criminal Procedure ◽  
The Other ◽  
Present Stage ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Doctrine ◽  
The Past ◽  
Foreign Countries ◽  
The One

This article is a translation from German of the original and crucial material published by the doctor of law, professor Thomas Rnnau in the journal JuS in 2018 (Thomas Rnnau. Grundwissen Strafprozessrecht: Verstndigung im Strafverfahren // JuS. 2018. № 2. S. 114-118). The article written by prof. T. Rnnau is devoted to the analysis of the institution of agreement in German criminal procedure (admission of guilt). On the one hand, the criminal justice system at the present stage faces a real need to use a simplified form of criminal proceedings, which allows us to solve the problem of procedural economy. On the other hand, the number of cases resolved in a special (simplified) order in the past few years has become so large so such the cases instead to be "special" passes into the category of ordinary (not special). Today, "Deal" justice in criminal cases is characteristic of the criminal process of many foreign countries, including Germany. Translation of the article by Prof. T. Rnnau will allow the readers to see theoretical and practical problems faced by the German legal doctrine and a practitioner in connection with the institution of agreement (admission of guilt) in criminal procedure. Prof. T. Rnnau offers a solution to the problems he outlined.

Suspended Sentences in Spain: An Alternative to Prison or a “Bargaining Chip” in Plea Negotiations?

2020 ◽  
Vol 28 (4) ◽  
pp. 354-378
Author(s):  
Daniel Varona ◽  
Steven Kemp
Keyword(s):  
Regression Analysis ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Plea Bargaining ◽  
The Other ◽  
European Research ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The One

Abstract Criminal proceedings in many European states are increasingly being resolved via plea bargaining agreements; yet, there is relatively scant European research on the implications for the defendant or the role this practice plays within the criminal justice system. Using a sample of 1417 criminal cases, this paper examines how suspended prison sentences may be utilized in Spain to encourage or coerce defendants into a guilty plea. In addition to more traditional regression analysis, covariates are controlled through an entropy balancing process. The findings show defendants who agree a plea deal are indeed less likely to enter prison, which has profound implications for criminal justice in Spain and beyond. On the one hand, it appears plea bargaining is being used to improve the efficiency of the system and, thus, maintain its very existence. On the other hand, issues regarding false confessions and sentencing disparities are specifically highlighted.

Consensual Elements in German Criminal Procedural Law

2014 ◽  
Vol 15 (1) ◽  
pp. 15-42
Author(s):  
Folker Bittmann
Keyword(s):  
Legal System ◽  
Criminal Procedure ◽  
The Other ◽  
The Past ◽  
Procedural Law ◽  
Other Hand ◽  
The Law ◽  
The One

The aim of German criminal procedural law is not to convict the accused at any cost. Even a guilty party can only be convicted if the criminal procedure is held in accordance with the law. If this is not possible, the German legal system accepts the risk of possibly acquitting a guilty party; it finds this more tolerable than the irregular conviction of the culprit. A criminal procedure seeks the truth. Only on the basis of a judicial conviction of the crime and its culprit may a sentence be imposed. This, though, can only be based on the so-calledprocedural truth.On the one hand, the past can never be reconstructed precisely; on the other hand, clarification can only be found through legal means and by following designated paths allowed by procedural law. Therefore, further investigation must cease if it is only possible to proceed by violating procedural law.

scholarly journals Waiver of a Counsel (for the Defense) in a Criminal Procedure

2021 ◽  
Vol 1 ◽  
pp. 29-32
Author(s):  
Vladimir D. Postanyuk ◽  
Keyword(s):  
Criminal Procedure ◽  
The Other ◽  
Specific Time ◽  
Criminal Proceedings ◽  
Relevant Article ◽  
Procedure Code ◽  
Complete Rejection ◽  
Constitutional Right ◽  
The One ◽  
The Right

Provision to the suspect and defendant’s constitutional right to protection is an essential principle of criminal proceedings (article 16 of the code). In the code there are some articles that illuminate the mechanism of participation of the defender in criminal proceedings, this includes: defining the range of persons who can be advocates, fixing specific time, the participation of counsel in the case, an order of protection and other issues. But it is the question of the implementation of the right of the accused (suspect) to refuse to defend and participate in the case of a lawyer that is of fundamental practical and legal importance. There are two possibilities that should be distinguished: on the one hand, complete rejection of the defender in general, and on the other hand, rejection of a specific defender. The refusal of a lawyer in general is provided with a number of restrictions, which are listed in the relevant article of the criminal procedure code. in all other cases, the rule applies that it is possible to refuse to help a lawyer at any time during the criminal proceedings. This article is devoted to the consideration of these issues.

TARP DVIEJŲ KOLONŲ: XVIII A. PABAIGOS – XIX A. PRADŽIOS VILNIAUS MASONŲ KASDIENYBĖ SIMBOLIKOJE

2018 ◽  
pp. 144-163
Author(s):  
Daiva Milinkevičiūtė
Keyword(s):  
Daily Life ◽  
The Other ◽  
Daily Routine ◽  
The Past ◽  
Secular World ◽  
National Characteristics ◽  
Conservative Christian ◽  
The Subject ◽  
The One ◽  
Craft Guilds

The Age of Enlightenment is defined as the period when the universal ideas of progress, deism, humanism, naturalism and others were materialized and became a golden age for freemasons. It is wrong to assume that old and conservative Christian ideas were rejected. Conversely, freemasons put them into new general shapes and expressed them with the help of symbols in their daily routine. Symbols of freemasons had close ties with the past and gave them, on the one hand, a visible instrument, such as rituals and ideas to sense the transcendental, and on the other, intense gnostic aspirations. Freemasons put in a great amount of effort to improve themselves and to create their identity with the help of myths and symbols. It traces its origins to the biblical builders of King Solomon’s Temple, the posterity of the Templar Knights, and associations of the medieval craft guilds, which were also symbolical and became their link not only to each other but also to the secular world. In this work we analysed codified masonic symbols used in their rituals. The subject of our research is the universal Masonic idea and its aspects through the symbols in the daily life of the freemasons in Vilnius. Thanks to freemasons’ signets, we could find continuity, reception, and transformation of universal masonic ideas in the Lithuanian freemasonry and national characteristics of lodges. Taking everything into account, our article shows how the universal idea of freemasonry spread among Lithuanian freemasonry, and which forms and meanings it incorporated in its symbols. The objective of this research is to find a universal Masonic idea throughout their visual and oral symbols and see its impact on the daily life of the masons in Vilnius. Keywords: Freemasonry, Bible, lodge, symbols, rituals, freemasons’ signets.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

“Ambiguist” Statesmanship

Worldview ◽  
1960 ◽  
Vol 3 (9) ◽  
pp. 7-8
Author(s):  
Will Herberg
Keyword(s):  
Foreign Policy ◽  
Fixed Points ◽  
Natural Law ◽  
The Other ◽  
Moral Decision ◽  
Actual Situation ◽  
The Past ◽  
Mixed Feelings ◽  
Rational Mind ◽  
The One

John Courtney Murray's writing cannot fail to be profound and instructive, and I have profited greatly from it in the course of the past decade. But I must confess that his article, "Morality and Foreign Policy" (Worldview, May), leaves me in a strange confusion of mixed feelings. On the one hand, I can sympathize with what I might call the historical intention of the natural law philosophy he espouses, which I take to be the effort to establish enduring structures of meaning and value to serve as fixed points of moral decision in the complexities of the actual situation. On the other hand, I am rather put off by the calm assurance he exhibits when he deals with these matters, as though everything were at bottom unequivocally rational and unequivocally accessible to the rational mind. And I am really distressed at what seems to 3ie to be his woefully inadequate appreciation of the position of the "ambiguists," among whom I cannot deny I count myself.

Benson and Miller in Perspective

1979 ◽  
Vol 3 (3-4) ◽  
pp. 242-244 ◽  
Author(s):  
Bruce Kuklick
Keyword(s):  
Social Sciences ◽  
Social Policy ◽  
Applied Science ◽  
The Other ◽  
Social Knowledge ◽  
The Past ◽  
The Social ◽  
The World ◽  
The One ◽  
Stock Of Knowledge

Despite differences in coloration Miller and Benson are birds of a feather. Although he is no Pollyanna, Miller believes that there has been a modest and decent series of advances in the social sciences and that the most conscientious, diligent, and intelligent researchers will continue to add to this stock of knowledge. Benson is much more pessimistic about the achievements of yesterday and today but, in turn, offers us the hope of a far brighter tomorrow. Miller explains Benson’s hyperbolic views about the past and future by distinguishing between pure and applied science and by pointing out Benson’s naivete about politics: the itch to understand the world is different from the one to make it better; and, Miller says, because Benson sees that we have not made things better, he should not assume we do not know more about them; Benson ought to realize, Miller adds, that the way politicians translate basic social knowledge into social policy need not bring about rational or desirable results. On the other side, Benson sees more clearly than Miller that the development of science has always been intimately intertwined with the control of the environment and the amelioration of the human estate.

The Origins of Domestic Sheep and Goats: a Reconsideration in the Light of the Fossil Evidence

1969 ◽  
Vol 34 ◽  
pp. 368-384 ◽  
Author(s):  
Sebastian Payne
Keyword(s):  
Direct Evidence ◽  
Present Situation ◽  
Wild Relatives ◽  
The Other ◽  
Domestic Sheep ◽  
Sheep And Goats ◽  
Animal Domestication ◽  
The Past ◽  
The One ◽  
And Control

In recent discussions of the origins and process of animal domestication (Reed, 1961, Zeuner, 1963), both authors rely on two kinds of evidence: on the one hand, the present distributions and characteristics of the different breeds of whatever animal is being discussed, together with its feral and wild relatives, and, on the other hand, the past record, given by literary and pictorial sources and the bones from archaeological and geological sites. Increased recognition of the limitations of the past record, whether in the accuracy of the information it appears to give (as in the case of pictorial sources), or in the certainty of the deductions we are at present capable of drawing from it (this applies especially to the osteological record), has led these authors to argue mainly from the present situation, using the past record to confirm or amplify the existing picture.Arguing from the present, many hypotheses about the origins and process of domestication are available. The only test we have, when attempting to choose between these, lies in the direct evidence of the past record. The past record, it is freely admitted, is very fragmentary: the information provided by the present situation is more exact, ranges over a much wider field, and is more open to test and control. Nevertheless, the past record, however imperfect it is, is the only direct evidence we have about the process of domestication.

Camus's Absurd and the World of Melville's Confidence-Man

PMLA ◽  
1967 ◽  
Vol 82 (1) ◽  
pp. 14-27
Author(s):  
Leon F. Seltzer
Keyword(s):  
Careful Analysis ◽  
The Other ◽  
The Novel ◽  
The Past ◽  
The World ◽  
Critical Attention ◽  
Confidence Man ◽  
Ugly Duckling ◽  
History Of ◽  
The One

In recent years, The Confidence-Man: His Masquerade, a difficult work and for long an unjustly neglected one, has begun to command increasingly greater critical attention and esteem. As more than one contemporary writer has noted, the verdict of the late Richard Chase in 1949, that the novel represents Melville's “second best achievement,” has served to prompt many to undertake a second reading (or at least a first) of the book. Before this time, the novel had traditionally been the one Melville readers have shied away from—as overly discursive, too rambling altogether, on the one hand, or as an unfortunate outgrowth of the author's morbidity on the other. Elizabeth Foster, in the admirably comprehensive introduction to her valuable edition of The Confidence-Man (1954), systematically traces the history of the book's reputation and observes that even with the Melville renaissance of the twenties, the work stands as the last piece of the author's fiction to be redeemed. Only lately, she comments, has it ceased to be regarded as “the ugly duckling” of Melville's creations. But recognition does not imply agreement, and it should not be thought that in the past fifteen years critics have reached any sort of unanimity on the novel's content. Since Mr. Chase's study, which approached the puzzling work as a satire on the American spirit—or, more specifically, as an attack on the liberalism of the day—and which speculated upon the novel's controlling folk and mythic figures, other critics, by now ready to assume that the book repaid careful analysis, have read the work in a variety of ways. It has been treated, among other things, as a religious allegory, as a philosophic satire on optimism, and as a Shandian comedy. One critic has conveniently summarized the prevailing situation by remarking that “the literary, philosophical, and cultural materials in this book are fused in so enigmatic a fashion that its interpreters have differed as to what the book is really about.”

The Christian Church in the Last Seventy Years

1943 ◽  
Vol 12 (1) ◽  
pp. 28-34
Author(s):  
Kenneth Scott Latourette
Keyword(s):  
Large Volume ◽  
The Other ◽  
Recent History ◽  
Christian Church ◽  
The Past ◽  
Other Hand ◽  
The Status ◽  
The One ◽  
The Church

A strange contrast exists in the status of the Christian Church in the past seventy years. On the one hand the Church has clearly lost some of the ground which once appeared to be safely within its possession. On the other hand it has become more widely spread geographically and, when all mankind is taken into consideration, more influential in shaping human affairs than ever before in its history. In a paper as brief as this must of necessity be, space can be had only for the sketching of the broad outlines of this paradox and for suggesting a reason for it. If details were to be given, a large volume would be required. Perhaps, however, we can hope to do enough to point out one of the most provocative and important set of movements in recent history.

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