scholarly journals The Epistemology of the Search for Truth in Witness Testimony

nauka.me ◽  
2017 ◽  
pp. 0
Author(s):  
Vladimir Bukhalov

The article highlights the evolution of testimonial evidence, as the legal culture. The history of the search for legal truth is aggravated by the unjust sentences and judicial errors. In the modern criminal process the dilemma of the reliability of eyewitness testimony remains relevant. The author's purpose is to identify gaps and to determine the ways to improve domestic criminal procedure legislation.

2021 ◽  
Vol 7 (7) ◽  
pp. 1001-1009
Author(s):  
Alexander Chepel ◽  

The article is devoted to studying the history of the origin and development of such an institute of criminal procedure as the witness institute. The regularities of the formation of the institute of witness, depending on the time and political systems requirements, are identified and analyzed. The legal nature of witness testimony has been studied. The evolution of legal terms related to the institute of witness is analyzed. Based on the development of legal acts and the level of public administration, specific historical periods related to the emergence and formation of the witness institute are distinguished.


2021 ◽  
Vol 2 (XXI) ◽  
pp. 167-177
Author(s):  
Jan Kil

The article is devoted to the defendant’s right to participate in the trial in the light of the reforms introduced to the Code of Criminal Procedure by the Act of 19 July 2019 amending the Act – Code of Criminal Procedure and certain other acts (Dz.U. 2019, item 1694). The first part of the article depicts the evolution of the legal regime governing the defendant’s presence at the trial throughout the history of the Polish criminal process, and discusses the essence of the defendant’s right to participate in the trial. An in-depth analysis was devoted to the provision of Art. 117 § of the Code of Criminal Procedure, introduced in the Code by the amendment of 2019. In this regard, dogmatic analysis was carried out of the discussed provision, its ratio legis was presented, and procedural consequences of the introduced regime were discussed. The study discusses as well the doubts formulated in academic literature in relation to Art. 117 § 3a of the Code, and proposes a method of interpreting the analysed provision.


2021 ◽  
pp. 226-237
Author(s):  
A. A. Muhitdinov

At the present stage of development of the criminal procedural legislation of the Republic of Uzbekistan, many legal institutions that have a long history of doctrinal development have received normative consolidation. Among them is the institution of participants leading the criminal process at the stage of pre-trial investigation. In the history of Uzbekistan, the activities of these subjects of the criminal process were regulated by numerous normative legal acts, including codified ones. The first Criminal Procedure Code of the Uzbek SSR was adopted in 1926. Soon the Uzbek SSR Criminal Procedure Code of 1929 entered into force. In comparative legal terms, the latter was significantly inferior to the previous one in terms of the degree of detail in the regulation of criminal procedural relations with the participation of pre-trial investigation bodies. Analysis of the content of the legal norms of the Criminal Procedure Code of 1929, regulating the activities of these bodies, allows us to identify features that, from the standpoint of the modern vision of the optimal model of the Criminal Procedure Code of Uzbekistan, are assessed as shortcomings in the legal regulation of the relevant public relations. As such, we can name the following: the CPC does not contain norms defining the sources of criminal procedural law; the code does not provide for a separate chapter devoted exclusively to investigative actions, a detailed description of their procedural form; there is no clear delineation of the competence of the bodies of inquiry and the investigator; the investigator is by law entrusted with supervisory functions that are not characteristic of him in relation to the bodies of inquiry; the Criminal Procedure Code does not include a norm prohibiting persons conducting a preliminary investigation from obtaining evidence by violence, threats, etc.; The Criminal Procedure Code determined the existence of sufficient data, and not evidence, as the basis for the accusation. After being charged, the person acquired the status of a defendant, not an accused; the application of preventive measures, including detention, was carried out by the investigator independently, without the sanction of the prosecutor, which testified to the absence of guarantees of the observance of the right to personal inviolability.


2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  

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.


Author(s):  
Simon Butt ◽  
Tim Lindsey

This chapter discusses the criminal procedure laws applicable before a defendant is tried. It is intended to be read alongside Chapter 12, which covers criminal procedure during trials, appeals, post-conviction avenues (including clemency and parole), and potential reforms. This chapter outlines the rules in the Code of Criminal Procedure (KUHAP) relating to police arrest, detentions, and investigations, and the circumstances in which cases may proceed for prosecution. During these stages of the criminal process, suspects and defendants have various ‘on paper’ rights, including: to silence; legal assistance; and to challenge their arrest, detention, or being named a suspect. However, as this chapter shows, these rights are, in practice, routinely ignored.


Author(s):  
Jorge Cañizares-Esguerra ◽  
Adrian Masters

Scholars have barely begun to explore the role of the Old Testament in the history of the Spanish New World. And yet this text was central for the Empire’s legal thought, playing a role in its legislation, adjudication, and understandings of group status. Institutions like the Council of the Indies, the Inquisition, and the monarchy itself invited countless parallels to ancient Hebrew justice. Scripture influenced how subjects understood and valued imperial space as well as theories about Paradise or King Solomon’s mines of Ophir. Scripture shaped debates about the nature of the New World past, the legitimacy of the conquest, and the questions of mining, taxation, and other major issues. In the world of privilege and status, conquerors and pessimists could depict the New World and its peoples as the antithesis of Israel and the Israelites, while activists, patriots, and women flipped the script with aplomb. In the readings of Indians, American-born Spaniards, nuns, and others, the correct interpretation of the Old Testament justified a new social order where these groups’ supposed demerits were in reality their virtues. Indeed, vassals and royal officials’ interpretations of the Old Testament are as diverse as the Spanish Empire itself. Scripture even outlasted the Empire. As republicans defeated royalists in the nineteenth century, divergent readings of the book, variously supporting the Israelite monarchy or the Hebrew republic, had their day on the battlefield itself.


Author(s):  
Svitlana Patiuк ◽  

"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.


2021 ◽  
pp. 174
Author(s):  
Alexey Afanasyev

This article builds a conceptual understanding of the object, subject and methodology of criminal procedure science through the purpose of the criminal process in the form of the resolution of a criminal dispute. The authors present arguments pointing to the underdevelopment of the internal scientific reflection of criminal procedure science, as well as the research infrastructure of innovations in criminal procedure, and provide a number of methodological recommendations.


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