THE EXPERIENCE OF REGULATION OF POWERS OF A DEFENSE LAWYER ACCORDING TO THE STATUTE OF CRIMINAL PROCEDURE OF 1864 AND THE RF CODE OF CRIMINAL PROCEDURE

2021 ◽  
pp. 69-76
Author(s):  
S. V. Yunoshev ◽  
◽  
M. Yu. Zhirova ◽  
Keyword(s):  
Criminal Procedure ◽  
Current Status ◽  
Judicial Reform ◽  
Optimal Model ◽  
Professional Advocacy ◽  
Special Knowledge ◽  
Right To Copy ◽  
The Moment ◽  
The Right ◽  
Revolutionary Period

The paper considers the issue of the improvement of the defender’s procedural status in the current criminal procedure. The authors analyze the respective statements of the Statute of Criminal Procedure of 1864. The study states that one of the significant results of the Great judicial reform of Emperor Alexander II was the introduction of professional advocacy. However, the defender’s status established by the Statute distinguished itself by the unprecedented development, vesting a defender with powers absent in the previous legislation. The paper analyzes the particular procedural powers of a defender concerning an optimal model of their regulation. The study shows that, in general, the statements of the RF Code Criminal Procedure have moved so far forward compared to the similar Statute statements, especially concerning the access of a defender to the stage of a pre-trial investigation. However, it appears that to solve many problematic aspects of the current status of a defender, the experience of corresponding procedural regulation in the Statute can be a target to improve this status. In particular, the authors focus on the fact that, according to the Statute norms, a defender was less limited in the right to copy data and the materials of a criminal case. The study substantiates that a defender in the pre-revolutionary period had much more opportunities to offer evidence to a court; particularly, it concerned the proof of witness. According to the Statute statements, the parties were procedurally equal in the right to refer to special knowledge, which is absent in the current criminal procedure. The paper states that at the moment, the defender’s right to gather evidence has some significant gaps and limitations compared to the similar right during the term of the Statute.

scholarly journals Resumption of closed criminal proceedings: problematic issues

2021 ◽  
pp. 176-186
Author(s):  
Vasyl Zhmudinskyi
Keyword(s):  
Criminal Procedure ◽  
Time Frame ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Decisions ◽  
Procedure Code ◽  
The Moment ◽  
The Right

The article deals with problematic issues related to the resumption by a prosecutor of criminal proceedings closed by the decision of an investigator. It is proved that the investigator's decision to close criminal proceedings can be appealed to the investigating judge or prosecutor within ten days of receiving a copy thereof. However, the prosecutor, to monitor the legality and validity of the investigator's decision, can independently reverse the decision to close the criminal proceedings. At the same time, an important point in this situation is that the legislation sets a time frame for the prosecutor, namely twenty days, from the moment he receives the decision from the investigator, during which he can check the decision to close the criminal proceedings for its legality and make a decide on its reversal. Attention is drawn to the fact that prosecutors do not always adhere to the specified twenty-day period and groundlessly reverse legal decisions to close criminal proceedings, referring to Part 6 of Article 36 of the Criminal Procedure Code of Ukraine, which defines the powers of the prosecutor to reverse illegal and unjustified decisions of investigators and subordinate prosecutors within the terms of pre-trial investigation. It is argued that the prosecutor's right to reverse an illegal and unjustified decision to close criminal proceedings is not included in the terms of pre-trial investigation because it is already outside it, and therefore if the prosecutor reverses the specified decision after the expiration of the twenty-day period, it is a violation of Part 6 of Article 284 of the Criminal Procedure Code of Ukraine. It is noted that to stop the repeated criminal prosecution of participants in criminal proceedings, it is advisable to appeal the prosecutor's decision to resume criminal proceedings to the court, even though that the current Criminal Procedure Code of Ukraine does not a relevant provision in this regard. It is proved that if the court satisfies the complaint and reverses the prosecutor's decision to cancel the decision to close the criminal proceedings, further implementation of the pre-trial investigation will be impossible and the resumed criminal proceedings will be closed. Proposals have been made to improve the criminal procedure legislation in terms of ensuring the right of participants in criminal proceedings to appeal in court against the prosecutor's decision to reverse the decision to close criminal proceedings. Keywords: criminal proceedings, prosecutor, pre-trial investigation, investigator, decision, court.

Resistance Is Futile: The Right to Resist Unlawful Arrest in an Era of Aggressive Policing

2000 ◽  
Vol 46 (4) ◽  
pp. 472-496 ◽  
Author(s):  
Craig Hemmens ◽  
Daniel Levin
Keyword(s):  
Common Law ◽  
Criminal Procedure ◽  
Current Status ◽  
Modern Trend ◽  
Common Complaint ◽  
The Common ◽  
The Right ◽  
Police Tactics

The police are relying on more aggressive tactics in their effort to fight crime. A common complaint regarding these tactics is that innocent persons are sometimes subjected to unlawful arrest. At common law, there was a right to resist an illegal arrest. The modern trend, however, has been to eliminate the right to resist. Abrogation of the common law right is based on several factors, including the development of modern criminal procedure, the ability to seek redress via other means, and the belief that violence should not be encouraged. This article examines the history and current status of the right to resist an unlawful arrest. The authors argue that attacks on the common law right are based on a misunderstanding of the original justifications for the right and that there remains a great need for the right particularly as new police tactics increase the probability of arbitrary assertions of authority.

scholarly journals Development of Criminal Procedure Legislation on Forensic Science, Experts and Specialists

2017 ◽  
Vol 12 (2) ◽  
pp. 5-10
Author(s):  
Vadim N. Makhov
Keyword(s):  
Forensic Science ◽  
Legal Status ◽  
Criminal Procedure ◽  
Forensic Evidence ◽  
Probative Value ◽  
The Status ◽  
Evidence Analysis ◽  
Special Knowledge ◽  
The Right ◽  
Further Development

Key stages in the establishment and further development of the institution of special knowledge in Russia is analyzed, from the pre-revolutionary period to our days. The procedural status of forensic science, forensic experts and forensic specialists in the Russian criminal procedure is examined. The procedural status of experts and specialists in the Russian criminal procedure is compared to that in other countries. The author observes that in the early stages the functions of knowledgeable persons were not clearly delineated by the law, and there were no regulations on how forensic evidence analysis should be requested and conducted, but by the mid-1920s the terms «forensic science» and «forensic expert» were present in the Russian legislation. The procedure for requesting and conducting forensic examinations was defined starting in 1960; the use of special knowledge in investigative actions became the function of the specialist. The status of the specialist was further elaborated in 1966. With the adoption of the Criminal Procedure Code of the Russian Federation in 2001, the specialist's legal status was expanded, giving them the right to present their opinion and testify on the probative value of evidence, and their rights and responsibilities were refined.

scholarly journals SPECIAL PROCEDURE OF TRIAL IN CASE OF CONSENT OF THE ACCUSED WITH THE CHARGE BROUGHT: THE CONSEQUENCES OF THE AMENDMENT TO THE LAW

2020 ◽  
Vol 6 (4) ◽  
pp. 80-87
Author(s):  
Ju. V. Kuvaldina
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Judicial Reform ◽  
Criminal Cases ◽  
Procedure Code ◽  
Special Procedure ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
The Right ◽  
Special Order

The article makes assumptions about the possible consequences of changes made by the Federal Law as of July 20, 2020, No. 224-FZ in edition of the Part 1 of Article 314 of the Criminal Procedure Code of the Russian Federation. According to this amendment, criminal cases on grave crimes will now be considered in the general order, unless a pre-trial cooperation agreement is concluded with the accused. The relevance of this novel is due to the fact that the legislator has once again revised the approach to defining the criteria for simplifying the criminal procedural form. In this regard, practice in the near future may face new or, more precisely, well forgotten old problems related to the period of the beginning of the judicial reform in 1991. A number of issues related to ensuring the right of the accused to a special order of trial will require scientific understanding. The author analyzes foreign legislation, previously and current domestic criminal procedure legislation, opinions on this issue of representatives of the highest levels of the judicial system, prosecutor's office and the legal profession, scientists, statistical data and reviews of the activities of courts of general jurisdiction in criminal cases in 2019. The author comes to the conclusion that in Russia the possibility of applying a simplified procedure associated with the reduction or refusal of the judicial investigation was not directly dependent on the severity of the crime committed, and the reform of the special procedure for judicial proceedings undertaken by the legislator is untimely and is not provided with either personnel or material technical or financial resources. According to the author, the decrease in the number of sentences passed in a special order will occur due to the infringement of the right of those accused of serious crimes to be tried in the procedure provided for in Chapter 40 of the Criminal Procedure Code of the Russian Federation. In this regard, the article outlines the directions for the further development of a special procedure for judicial proceedings, strengthening its consensual nature and ensuring the guarantees of the rights of the accused and victims in this procedure.

scholarly journals CONDUCTING EXAMINATION IN CRIMINAL PROCEEDINGS: HISTORICAL ASPECT

2020 ◽  
Vol 73 (4) ◽  
pp. 112-117
Author(s):  
Vasyl Bazhanyuk ◽  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Soviet Period ◽  
Necessary Condition ◽  
Equal Rights ◽  
Criminal Proceedings ◽  
Historical Aspect ◽  
Criminal Offenses ◽  
Special Knowledge ◽  
The Right

The history of the formation of a democratic procedure in Ukraine for the use of special knowledge in criminal proceedings is studied. It is noted that in the Soviet period this procedure was not democratic, only an investigator had the right to appoint an expert. This procedure for appointing an examination allowed to appoint it quite quickly. But the investigator could also avoid conducting an examination for certain reasons, he could reject the request to conduct it for certain reasons. Ukraine inherited such a legal procedure after the declaration of independence. A new procedure for examination was established by the Criminal Procedure Code only in 2012. The article analyzes the shortcomings in the legal regulation of the procedure of examinations after the entry into force of the CPC of Ukraine in 2012, which were eliminated during the update of the criminal procedure legislation. The importance of consolidating the equality of rights of the parties to criminal proceedings to conduct examinations is noted. It is noted that the decision to conduct an examination is made by the party to the criminal proceedings, which prepares the relevant materials. The urgency of this order, its importance in the formation of the system of evidence and in the very procedure of proving in adversarial criminal proceedings is emphasized. Problematic issues of the procedure for appointing examinations by investigating judges are revealed. This procedure has led to the practical blocking of the work of both courts and pre-trial investigation bodies. Given that a significant number of suspects in serious and especially serious crimes were in custody, the situation looked critical. It was the signs of the collapse of criminal proceedings that forced us to make urgent changes to the procedure for appointing and conducting forensic examinations, which was carried out in 2019. Therefore, the involvement of experts is carried out by the parties to the criminal proceedings or by the investigating judge at the request of the defense. As a result, the parties to the criminal proceedings received equal rights to use special knowledge. The conclusion is substantiated that this is a necessary condition for ensuring a high-quality investigation of criminal offenses.

Would you Make the Right Decision? – Decision Making Biases in Economy - Related Dilemmas

2018 ◽  
Vol 9 (1) ◽  
pp. 59-66
Author(s):  
Zsuzsanna Gödör ◽  
Georgina Szabó
Keyword(s):  
Decision Making ◽  
Online Survey ◽  
Framing Effect ◽  
Economic Knowledge ◽  
Bank Account ◽  
Financial Decisions ◽  
Hungarian Population ◽  
The Moment ◽  
The Right ◽  
Decision Making Biases

Abstract As they say, money can’t buy happiness. However, the lack of it can make people’s lives much harder. From the moment we open our first bank account, we have to make lots of financial decisions in our life. Should I save some money or should I spend it? Is it a good idea to ask for a loan? How to invest my money? When we make such decisions, unfortunately we sometimes make mistakes, too. In this study, we selected seven common decision making biases - anchoring and adjustment, overconfidence, high optimism, the law of small numbers, framing effect, disposition effect and gambler’s fallacy – and tested them on the Hungarian population via an online survey. In the focus of our study was the question whether the presence of economic knowledge helps people make better decisions? The decision making biases found in literature mostly appeared in the sample as well. It proves that people do apply them when making decisions and in certain cases this could result in serious and costly errors. That’s why it would be absolutely important for people to learn about them, thus increasing their awareness and attention when making decisions. Furthermore, in our research we did find some connection between decisions and the knowledge of economics, people with some knowledge of economics opted for the better solution in bigger proportion

Victim Participation in Parole Proceedings in South Africa

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Prison Inmate ◽  
Parole Board ◽  
Victims Of Crime ◽  
The Right

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.

JUSTICE AND SOCIAL CHANGE FOR INCLUSIVE EDUCATION IN INDONESIA AND ASEAN FOR DISABLED PERSONS (STUDY ON PEOPLE AFFECTED BY LEPROSY)

2017 ◽  
Vol 1 (1) ◽  
pp. 1-5
Author(s):  
Nuah Perdamenta Tarigan ◽  
Christian Siregar ◽  
Simon Mangatur Tampubolon
Keyword(s):  
Inclusive Education ◽  
Local Governments ◽  
Disabled Persons ◽  
Equal Rights ◽  
Central Java ◽  
The People ◽  
Asean Countries ◽  
The Government ◽  
The Moment ◽  
The Right

Justice that has not existed and is apparent among the disabilities in Indonesia is very large and spread in the archipelago is very large, making the issue of equality is a very important thing especially with the publication of the Disability Act No. 8 of 2016 at the beginning of that year. Only a few provinces that understand properly and well on open and potential issues and issues will affect other areas including the increasingly growing number of elderly people in Indonesia due to the increasing welfare of the people. The government of DKI Jakarta, including the most concerned with disability, from the beginning has set a bold step to defend things related to disability, including local governments in Solo, Bali, Makassar and several other areas. Leprosy belonging to the disability community has a very tough marginalization, the disability that arises from leprosy quite a lot, reaches ten percent more and covers the poor areas of Indonesia, such as Nusa Tenggara Timur, Papua, South Sulawesi Provinces and even East Java and West Java and Central Java Provinces. If we compare again with the ASEAN countries we also do not miss the moment in ratifying the CRPD (Convention of Rights for People with Disability) into the Law of Disability No. 8 of 2016 which, although already published but still get rejections in some sections because do not provide proper empowerment and rights equality. The struggle is long and must be continued to build equal rights in all areas, not only health and welfare but also in the right of the right to receive continuous inclusive education.

Investigating judge as a new figure in the Kyrgyz Republic criminal procedure

2020 ◽  
Vol 2020 (3) ◽  
pp. 140-147
Author(s):  
Sof'ya Shestakova ◽  
Uulzhan Imanalieva
Keyword(s):  
Criminal Procedure ◽  
Comparative Perspective ◽  
Kyrgyz Republic ◽  
Trial Procedure ◽  
Judicial Control ◽  
Legal Model ◽  
Integral Element ◽  
The Right ◽  
Conceptual Foundations ◽  
Former Soviet Republics

The article iis devoted to the research of the institution of investigative judge introduced into the criminal procedure of the Kyrgyz Republic in 2019. The authors analyze the conceptual foundations of this institution, its procedural significance, as well as the legal model under Kyrgyz legislation in its comparative perspective with the legislation of Germany and some former Soviet republics. Two main achievements: the organizational and functional isolation of an investigating judge during the criminal procedure and granting them the power of deposition are seen by the authors as advantages of the Kyrgyz model of the institution of an investigative judge. The former is aimed at guaranteeing the objectivity, impartiality and neutrality of the judge considering the case on the merits, who is discharged judicial control in pre-trial procedure nowadays. The latter is aimed at implementing for the prosecution and defense the right to be equal parties of procedural opportunities to participate in evidence as an integral element of the adversarial principle.

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