scholarly journals Peculiarities of consideration of domestic violence cases by a jury: problems and perspectives

2021 ◽  
Vol 7 (2) ◽  
pp. 120-126
Author(s):  
Z. M. Beryoza
Keyword(s):  
Domestic Violence ◽  
Family Violence ◽  
Judicial Review ◽  
Optimal Composition ◽  
Criminal Proceedings ◽  
Effective Protection ◽  
Legal Proceedings ◽  
Advantages And Disadvantages ◽  
Legal Response

The article analyzes the question of the optimal composition of the court for resolving domestic violence cases as a means to ensure more effective protection of victims of family violence and an appropriate legal response to this phenomenon. Special attention is paid to the peculiarities of consideration of such cases by the jury. The author attempts to observe the advantages and disadvantages of this type of legal proceedings in domestic violence cases, taking into account the peculiarities of the procedural form itself, as well as the substantive legal characteristics of crimes committed in the domestic context. The analysis was conducted through the prism of the criteria of the courts impartiality, the specifics of evidentiary process and of the judicial review of the final judgments rendered in such cases. As a result, it was concluded that, although the features of the procedural form in question impose certain restrictions on the participants in criminal proceedings, the consideration of domestic violence cases by a jury, as an alternative to a professional judge, has undoubted advantages and prospects for its more common use.

scholarly journals Legal Responses to Non-Consensual Smartphone Recordings in the Context of Domestic and Family Violence

2018 ◽  
Vol 41 (1) ◽  
Author(s):  
Heather Douglas ◽  
Mark Burdon
Keyword(s):  
Family Violence ◽  
Legal Reform ◽  
The Other ◽  
Criminal Offence ◽  
Legal Proceedings ◽  
Legal Response ◽  
Other Hand ◽  
Legal Responses ◽  
Key Factor ◽  
Protection Order

The increasingly ubiquitous use of smartphones is further complicating the legal response to domestic and family violence (‘DFV’). Perpetrators can now use smartphone recording facilities to record private conversations and activities of their (ex-)partners. Such behaviour may be a criminal offence of breach of a domestic and family violence protection order or stalking. On the other hand, those who have experienced DFV can record perpetrators and use the recordings in legal proceedings. The use of non-consensual smartphone recordings as evidence in DFV related cases is increasing and courts must determine when recordings are admissible. A key factor in making such determinations is whether the recording contravenes state-based criminal laws and listening and surveillance devices law. Drawing on reported experiences of the use of smartphone recordings in the context of DFV we show why further consideration and legal reform is needed if the law is to keep pace with this issue.

A Dialectic of Effective Judicial Protection and Mutual Trust in the European Administrative Space: Towards the Transnational Judicial Review of Manifest Error?

2021 ◽  
Vol 13 (4) ◽  
pp. 7-31
Author(s):  
Catherine Warin
Keyword(s):  
Judicial Review ◽  
Mutual Trust ◽  
Effective Protection ◽  
Member States ◽  
Domestic Courts ◽  
National Jurisdiction ◽  
Administrative Procedures ◽  
National Boundaries ◽  
Judicial Protection

The courts of the EU's Member States have a duty to ensure the effective protection of individuals who are confronted with administrative decisions potentially infringing their rights. However, the principle of mutual trust is often understood as a limit to this protection. This is in so far as it requires domestic courts to abstain from reviewing decisions made by administrations of other Member States, even though such decisions may have effects beyond national boundaries. As transnational administrative procedures become increasingly frequent, this article analyses the implications of the principles of effective judicial protection and of mutual trust on the review of such procedures by domestic courts. It shows how, by gradually allowing domestic courts to review certain types of manifest errors committed beyond their national jurisdiction, the CJEU is moving past the apparent opposition of these principles. It finally argues that developing the transnational judicial review of manifest error may help improve the effective judicial protection of individuals.

Features of Proof in Criminal Cases Against Minors

2021 ◽  
pp. 104-111
Author(s):  
N. Yu. Borzunova ◽  
K. L. Maksimova ◽  
O. S. Matorina
Keyword(s):  
Life Experience ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Specific Nature ◽  
Legal Proceedings

The article deals with the specific features of the procedure of legal proceedings in cases involving minors. Thus, one of the grounds for differentiating criminal proceedings according to this criterion of cases is the underage age of persons who have committed a socially dangerous act. This is primarily due to the age characteristics of these individuals, who are characterized by great impressionability, lack of sufficient life experience and solid knowledge, immaturity of thinking, instability of the psyche and increased emotionality, increased suggestibility and auto-suggestion, a tendency to fantasy and imitation. Their will is not yet strong enough, and their character is not yet fully formed. In connection with the above, there is a specific nature of the circumstances to be proved in this category of criminal cases, which is analyzed in the article. The authors ‘opinions on the expanded subject of evidence in criminal cases against minors are presented. Proposals were made to improve the legislation.

scholarly journals Historical aspects of development of the institution of legal assistance between states in criminal matters in the Republic of Azerbaijan

2021 ◽  
pp. 48-60
Author(s):  
Matanat Pasha Askerova
Keyword(s):  
Intergovernmental Relations ◽  
Legal Assistance ◽  
Criminal Proceedings ◽  
Mutual Legal Assistance ◽  
Legal Proceedings ◽  
Bilateral Agreements ◽  
Administration Of Justice ◽  
Legislative Framework ◽  
The Republic ◽  
Criminal Matters

The subject of this research is the historical-legal grounds of rendering mutual legal assistance in the Republic of Azerbaijan. Research methodology is comprised of formal-legal, comparative-legal, and historical-legal methods. Normative framework is formed by the Constitution, provisions of the criminal procedure legislation and laws, international acts acceded by the Republic of Azerbaijan, which regulate mutual legal assistance issues. Objective: to develop proposals for improving the Institute of mutual legal Assistance. assistance in criminal matters based on the historical experience in this field. The research results are as follows: mutual legal assistance has evolved from elementary extradition of fugitive serfs, one-time provision of diplomatic assistance to institutionalized legal assistance based on multilateral and bilateral agreements; from the absence of  legislative framework to codification; from inclusion of separate norms on certain aspects of the agreement on friendly relations, peace, cooperation or even submission to conclusion of special bilateral agreements. The acquired results can be implemented in intergovernmental relations regulation of rendering mutual legal assistance in criminal matters. The novelty of this research consists in consideration of legal assistance based on the historical-normative acts of the Republic of Azerbaijan. The following conclusions were made: in some historical periods, legal assistance included such institutions as the presence of state representative of the accused in administration of justice against a foreigner, unconditional extradition of criminals who committed grave crime, stiff punishment of those reluctant to peace, elimination from jurisdiction of certain criminals, transfer of prosecution, etc. can still be currently used to regulate or improve the institution of legal assistance in criminal matters, including reasonable terms for submitting court requests. For example, a reasonable term for criminal proceedings is one of the guarantees of effective legal proceedings, the violation of which also entails an infringement of such a fundamental right to fairness of proceedings.

scholarly journals AS FORMAS DE VIOLÊNCIA À MULHER SOB A PROTEÇÃO DA LEI N° 11.340/06 (LEI MARIA DA PENHA)

2018 ◽  
Vol 2 (Especial 2) ◽  
pp. 858-861
Author(s):  
Tainara Andrea de Souza
Keyword(s):  
Domestic Violence ◽  
Family Violence ◽  
Violence Against Women ◽  
Domestic Violence Against Women

This article seeks to present and understand, in light of Law 11.340 / 06, this known as the Maria da Penha law, we will see in article seventh, the types of domestic violence against women, listed in its paragraphs, as well as the general considerations about such types of violence. The method used was the legal deductive, applying the interpretation of the legislation and doctrine. It is concluded that the main objective of this article is to demonstrate the forms of domestic and family violence against women, which are physical, psychological, sexual, property and moral violence.

scholarly journals Modern Directions of Forensic Experts Primary Training

2020 ◽  
pp. 1662-1670
Author(s):  
Oksana G. D'iakonova
Keyword(s):  
Initial Training ◽  
Legal Proceedings ◽  
Advantages And Disadvantages ◽  
Eurasian Economic Union ◽  
Foreign Countries ◽  
Effective Form ◽  
Special Knowledge ◽  
Forensic Expert ◽  
Level Of Training ◽  
And Training

No type of legal proceedings is complete without the involvement of experts for the production of expert research or specialists for consultation. In this regard, the question of determining the competence of these subjects by persons conducting the process who do not have special knowledge in the field in which the knowledgeable person specializes is very acute. The author determines the competence of the forensic expert and enumerates other requirements to the expert as a participant in the proceedings. The formation of competence is primarily influenced by the level of training, education of an expert or specialist. The main attention focuses on the disclosure of the main ways of initial training and retraining of forensic experts at the present stage: the traditional way of experts training; specialization in the specialty “Forensic examination”; master’s degree in programs of expert specialties. The existing types of training and retraining of forensic experts in Russia and some foreign countries, including the member States of the Eurasian economic Union (EEU), are analyzed. The traditional way of training of forensic experts and training under the program of specialization are revealed proceeding from historical conditionality and necessity of training of specialists for implementation of forensic activity. The positive and negative features of the training areas are highlighted, taking into account their impact on the formation of the competence of the forensic expert. The author emphasizes the need to develop existing forms of initial training of forensic experts, taking into account the advantages and disadvantages of each of them. The study concludes that it is necessary to apply the subjective criterion in order to determine the effective form of training of forensic experts

scholarly journals DOMESTIC VIOLENCE FROM THE PERSPECTIVE OF MEDIATION

2014 ◽  
Vol 8 (1) ◽  
pp. 127-131
Author(s):  
Gavril Paraschiv ◽  
Ramona Gabriela Paraschiv
Keyword(s):  
Domestic Violence ◽  
Family Violence ◽  
Efficient Method

The procedure of mediation is an efficient method of amiably solving the differences,also used in the litigations regarding family violence, as it offers the party the possibility ofsolving the conflicts in a confidential framework, appropriate for eliminating the tensionsaccumulated and avoiding the asperities specific to legal trials.

scholarly journals On the Implementation of the Captains of the Vessels of Powers of Bodies of Inquiry

2020 ◽  
pp. 80-82
Author(s):  
Andrey Mikhailovich Dolgov
Keyword(s):  
Public Relations ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Proceedings ◽  
Stage Of Development ◽  
Foreign Countries ◽  
Communication Links ◽  
The Republic ◽  
The Impact ◽  
Current Stage

The paper deals with the implementation of such a principle of criminal procedure as the adversarial nature of the parties, in relation to the modern con-ditions of digitalization of legal proceedings. The relevance of this topic is explained by the fact that the current stage of development of public relations, characterized by the significant digitalization of communication links, in turn, is reflected in changes in legislation in General, and criminal proceedings in particular. At the same time, competition is one of the fundamental principles of this branch of law, the application of which should also be reflected in changes in legislation. In the course of the work, the criminal procedure norms regulating these issues, statistical data on the work of courts of General ju-risdiction, opinions and positions of leading proce-dural scientists in Russia and foreign countries (the Republic of Kazakhstan, Germany) were examined. As a result of the conducted research, the conclu-sion is made about the impact of the development of digitalization of criminal proceedings on the prac-tical application of the principle of adversarial par-ties.

Domestic Violence Reported to the Police: Correlates of Victims’ Reporting Behavior and Support to Legal Proceedings

2016 ◽  
Vol 31 (3) ◽  
pp. 402-415 ◽  
Author(s):  
Rémi Boivin ◽  
Chloé Leclerc
Keyword(s):  
Domestic Violence ◽  
Logistic Regression ◽  
Regression Models ◽  
Multinomial Logistic Regression ◽  
The Other ◽  
Individual Factors ◽  
Initial Report ◽  
Logistic Regression Models ◽  
Legal Proceedings ◽  
History Of

This article analyzes reported incidents of domestic violence according to the source of the complaint and whether the victim initially supported judicial action against the offender. Almost three quarters of incidents studied were reported by the victim (72%), and a little more than half of victims initially wanted to press charges (55%). Using multinomial logistic regression models, situational and individual factors are used to distinguish 4 incident profiles. Incidents in which the victim made the initial report to the police and wished to press charges are the most distinct and involve partners who were already separated at the time of the incident or had a history of domestic violence. The other profiles also show important differences.

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