scholarly journals PRE-TRIAL CHAMBER. FINDING THE NULLITY OF THE INDICTMENT AND OF THE CRIMINAL PROSECUTION ACTS DUE TO THE BREACH OF THE DEFENDANT'S RIGHT OF DEFENCE

2021 ◽  
Vol 16 (1-2) ◽  
pp. 73-87
Author(s):  
Mihaela Laura Pamfil
Keyword(s):  
Trial Chamber ◽  
District Court ◽  
Criminal Prosecution ◽  
Not Given ◽  
Criminal Proceedings ◽  
Case File ◽  
Forensic Examination ◽  
The Subject

The purpose of this paper is to analyze the limits within which the judge of the pre-trial chamber may order the restitution of the case to the prosecutor, starting from a concrete deed that was the subject of case file no. 5609/245/2018 / a1 pending before the Iaşi District Court and the Iaşi County. In this case, the Pre-Trial Chamber judge considered that the suspect was not given the necessary time to prepare his defense as he was heard as defendant on the same day when he was also heard as a suspect, although when he was heard as a suspect he requested a break for the preparation of the defense, the report on the termination of the criminal prosecution was drawn up on the same day when he was heard, and his request for a forensic examination in question was rejected by the prosecutor, without the court waiting for the submission of the objectives of the expertise. For these reasons, the pre-trial chamber judge considered that it is necessary to find the nullity of all criminal proceedings subsequent to the date and time when the suspect was heard, as he was deprived of the possibility to enforce his defense during the criminal proceedings, a procedural stage that has been completed.

INTERNATIONAL AND CONSTITUTIONAL FRAMEWORK FOR CRIMINAL CASE PROCEEDINGS AGAINST MINORS

2019 ◽  
pp. 99-106
Author(s):  
Igor Igorevich Kartashov
Keyword(s):  
Juvenile Justice ◽  
International Law ◽  
General Procedure ◽  
The Self ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Legal Proceedings ◽  
The Subject

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime of minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the orbit of criminal proceedings. In this study we consider some aspects of the implementation of fair minor’s justice standards in the Russian criminal procedure legislation. Also we analyze the provisions of key regulations in the field of juvenile justice, the practice of their application, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis we highlight the features of the proceedings in the category of criminal cases: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases among minor, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.

Forced to sexual activities: legal positions of Supreme Court of the Russian Federation and Republic of Kazakhstan

2019 ◽  
pp. 175-189
Author(s):  
Ardak Alimkhanovna Biyebayeva ◽  
Aigul Mailybayevna Kalguzhinova ◽  
Vera Anatolievna Chunyaeva
Keyword(s):  
Juvenile Justice ◽  
General Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Sexual Activities ◽  
The Subject ◽  
The Russian Federation

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime against minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the criminal proceedings orbit. We consider some aspects of the fair juvenile justice standards implementation in the Russian criminal procedure legislation. We analyze the provisions of the key normative acts in the field of juvenile justice, their application practice, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis, we highlight the proceedings features in the criminal cases category: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases in juvenile, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.

scholarly journals The subject of judicial control in consideration of complaints: controversial issues of legal regulation

2021 ◽  
Vol 2021 (2) ◽  
pp. 104-109
Author(s):  
El'vira Mirgorodskaya
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
The Russian Federation

The purpose of this study was an attempt to theoretically understand the subject of judicial consideration of complaints against decisions, actions (inaction) of officials carrying out criminal prosecution. The research was carried out on the basis of comparative legal, formal logical, empirical, statistical methods. Judicial statistics for the year 2020 have been provided, and legislation has been studied from a historical and contemporary perspective, taking into account the practice of the Constitutional Court of the Russian Federation. The problem is that, in practice, for about 20 years the courts have had difficulties in determining the subject of complaints, since neither in theory nor in practice a consensus has been developed on this issue. The Criminal Procedure Code of the Russian Federation also does not contain a definition of the concept of «subject matter». The situation is aggravated by the presence of evaluative concepts in the text of the law, leading to a varied understanding of the subject of appeal by the courts, which leads to a violation of the constitutional rights of citizens at the pre-trial stages of criminal proceedings. In the article, taking into account the analysis of the practice of the Constitutional Court of the Russian Federation, legislation and the opinion of scientists, a recommendation was made to amend the Criminal Procedure Code of the Russian Federation to specify the subject of consideration of complaints in accordance with Art. 125 of the Criminal Procedure Code of the Russian Federation in order to eliminate existing contradictions in practice and increase the level of protection of individual rights in pre-trial proceedings.

scholarly journals (Il)Legal evidence in criminal procedures in the case law of the Supreme Court of Cassation in 2019 and 2020

2021 ◽  
Vol 93 (2) ◽  
pp. 435-456
Author(s):  
Milana Pisarić
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Case Law ◽  
International Treaties ◽  
Criminal Proceedings ◽  
Case File ◽  
Legal Evidence ◽  
The Supreme Court ◽  
The Subject ◽  
Illegal Evidence

The Criminal Procedure Code stipulates that court decisions may not be based on evidence which is, directly or indirectly, by itself or in the manner of obtaining it, contrary to the Constitution, this Code, other laws or the generally accepted rules of international law and ratified international treaties, except in proceedings conducted for the purpose of obtaining such evidence. Illegal evidence cannot be used in criminal proceedings and is therefore separated from the case file. If the judgment is based on illegal evidence, it can be challenged by the appeal against the judgment, but also by the request for the protection of legality. The subject of the paper is the analysis of the recent case law of the Supreme Court of Cassation (in the period from January 1, 2019 to December 31, 2020) regarding the requests for the protection of legality stated in connection with illegal evidence.

THE SUBJECT AND TASKS OF FORENSIC AUTOTECHNICAL EXAMINATION

2017 ◽  
Vol 17 ◽  
pp. 198-204
Author(s):  
A. V. Lubentsov
Keyword(s):  
Traffic Safety ◽  
Practical Aspect ◽  
Criminal Proceedings ◽  
Important Place ◽  
Forensic Examination ◽  
Special Knowledge ◽  
The Subject ◽  
Mutual Relations ◽  
Definition Of ◽  
The Given

Problems of appointing and conducting forensic examination and using their results in the process of criminal offences investigation occupy an important place in the criminal proceedings and expert activities. A separate category among all these problems is perfection of theoretical basis offorensic examination, namely the definition of a subject and tasks offorensic examination in general and its separate types in particular. One of these is the forensic autotechnical examination, as one of the main expertise scheduled when investigating crimes against traffic safety and transport operation. In the practical aspect in the subject of forensic examination we distinguish procedural and gnoseological sides. The procedural side ofa subject of forensic examination is expressed in a circle of circumstances, which are established by means of special knowledge and are the elements of proofs system. The gnoseological side of a subject of forensic examination is expressed in that the object of cognition at practical expert research are properties of expertise object, its sides and mutual relations which are defined during the given research. On the basis of scientific literature and normative-legal acts analysis the subject and tasks of forensic examination are investigated. A subject and tasks of forensic autotechnical expertise are defined. It’s noticed that in the practical aspect the subject of a forensic examination is considered in wide and narrow senses, as a kind (type) subject of autotechnical examination in general, and a subject of a concrete autotechnical examination in concrete criminal proceedings. It’s specified that depending on it the autotechnical examination tasks are divided on general and concrete. It’s proved that the subject and tasks of a concrete autotechnical examination may coincide on volume with the general or to be them yet however they should not be beyond the general.

scholarly journals TO THE QUESTION OF ACCESSORIES OF JUDICIAL EXAMINATION TO INVESTIGATIVE ACTIONS

2019 ◽  
pp. 58-68
Author(s):  
I. Pyrih
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Forensic Examination ◽  
Preparatory Stage ◽  
The Subject ◽  
Characteristic Features ◽  
Definition Of ◽  
Selection Of

The article deals with problematic issues related to the norms of criminal procedure legislation, considering the involvement of an expert as an investigative action. Among criminal scientists and proceduralists there is no consensus on the procedural definition of forensic examination. Most of them include forensics to investigative actions. By the definition of a forensic examination, it is clear that an integral feature of a procedural action is to conduct it exclusively by officials of state bodies authorized by law to conduct criminal proceedings. These include: employees of the operational units, an investigator, a prosecutor, a judge. The subject of the examination is an expert – a person not authorized by law to conduct investigative actions. That is why, in our opinion, it is impossible to refer an examination to investigative actions. Proponents of referring a forensic examination to investigative actions most often mean it as «the appointment and conduct of a forensic examination». It is argued that actions regarding the appointment and conduct of the examination are different in nature and subjects of conduct. If we consider the stage of appointment of the examination, and for the current Criminal Procedure Code of Ukraine – the involvement of an expert, then its subject is the investigator. The subject of the examination is an expert. Considering the characteristic features of the investigative action, it can be concluded that the stage of appointment of the examination or the involvement of an expert, which scientists consider as preparatory to the examination, has all the signs inherent in an independent investigative action. It is governed by the rules of procedural law, carried out in the framework of criminal proceedings, authorized by the person. When an expert is involved, the investigator conducts certain actions, the result of which is reflected in the ruling of the investigating judge. The purpose of the examination is to obtain, research and verify evidence. Considering the involvement of an expert as a separate investigative action, we define its content, divided into generally accepted stages: preparatory, working and final. To the preparatory stage, we include such actions: the decision to conduct an examination; selection of an expert institution or a private expert; determination of the type of examination and subject of study; determining the order of appointment of examinations in relation to the same objects; timing of appointment examination. The following should be attributed to the working stage: selection of objects for examination; receipt of the decision of the investigating judge for the examination. The final stage consists of the following stages: determining the circle of persons who may be present during the examination; referrals and necessary materials to the expert institution. Key words: investigative (search) action, forensic examination, appointment of expertise, involvement of an expert.

scholarly journals A Hundred Years Ago: The Assassination of Mehmet Talaat (15 March 1921) And The Berlin Criminal Proceedings Against Soghomon Tehlirian (2/3 June 1921): Background, Context, Effect

2021 ◽  
pp. 67-89
Author(s):  
Tessa Hofmann
Keyword(s):  
Context Effect ◽  
District Court ◽  
Criminal Proceedings ◽  
The Subject ◽  
Head Of Government ◽  
Short Time ◽  
Background Context

A hundred years ago, on the late morning of March 15, 1921, the Armenian Soghomon Tehlirian (Soġomon T’ehlirean - Սողոմոն Թեհլիրեան; also: Soghomon Tehliryan; Soġomon T’ehlerean - Սողոմոն Թեհլերեան (1897-1960)) shot the former Ottoman Minister of the Interior (21 January 1913 to 4 February 1917), Minister of Finance (November 1914 to 4 February 1917) and head of government (Grand Vizier; 4 February 1917 to 8 October 1918), Mehmet Talaat (1874-1921) on Berlin’s Hardenbergstrasse. In an unusually short time by today’s standards, after two and a half months, the assassin was put on trial on 2 and 3 June of the same year at the jury court of Berlin District Court III (Landgericht Berlin III) in Berlin-Moabit. The trial lasted one and a half days, which was also unusually short. Obviously, the German or Prussian judiciary wanted to get rid of the accused and with him the subject of German-Turkish relations as quickly as possible. Tehlirian was acquitted on 3 June 1920, on the grounds of incapacity of guilt and was immediately deported from Germany. This article explains the background, context and lasting effects of his crime.

scholarly journals On legal succession in reconciliation of criminal cases of private prosecution

2021 ◽  
pp. 33-42
Author(s):  
Aminat Alkhazovna Batchaeva
Keyword(s):  
General Rule ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Effective Implementation ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation ◽  
The Right

The subject of this research is the criminal prosecution of cases established by the Part 2 of the Article 20 of the Criminal Procedure Code of the Russian Federation, which is carried out in private capacity and significantly modifies the rights and responsibilities of the parties to criminal proceedings. Pursuant to the general rule, the state authorities and officials do not carry out private prosecution cases. In view of this, close attention is given the procedural activity of private prosecutor, who is vested the right in application of measures of state coercion, but entrusted with responsibility on formulating, proving, and pressing charges in court. Retrospective analysis of the Russian criminal procedure legislation reveals that modern legislation has no legal succession of the centuries-long experience of classifying a range of offences as cases of private prosecution. The author believes that the list of cases of private prosecution can be extended by taking into account the provisions of the Criminal Law and Practice Statute 1864, Regulations of Punishments Imposed by Justices of the Peace, which enables reconciliation of the parties and entails unconditional termination of proceedings in certain categories of minor offences. This would ensure the effective implementation of criminal proceedings, restoration of social and legal justice, and accessibility of justice to general public.

scholarly journals On Criminal Prosecution against Deceased Persons

2018 ◽  
pp. 34-39
Keyword(s):  
Criminal Law ◽  
Legal Framework ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Proceeding ◽  
Procedural Code ◽  
Criminal Procedure Law ◽  
The Subject ◽  
The Russian Federation ◽  
Clear Idea

The criminal proceedings against deceased persons are becoming increasingly relevant, however, the current criminal procedure law does not give a clear idea of the procedural status of such participants in criminal proceedings. The only mention is contained in paragraph 4 of part 1 of Article 24, as well as in part 8 of Article 42 and part 2 of Article 318 of Criminal Procedural Code (CPC) of the Russian Federation, and then only in connection with the death of the victim and private prosecutor. The structure of the corpus delicti developed in the criminal law dictates the coordination of the relevant elements in the structure of the subject of evidence provided for in Articles 73, 421, 434 of the Russian CPC. The article discusses the interaction between these elements within the legal framework of the crosssectoral mechanism of criminal law regulation, the summary of procedural succession of dead persons, opportunity of criminal proceeding regards dead accused, suspect persons, issues of court conviction of dead persons, issues of rehabilitation of deceased participants in criminal proceedings. The authors conclude that criminal prosecution against deceased persons is unacceptable. Furthermore, in any case criminal prosecution must concern crimes committed in the visible past. Historical matters must not become an object of a criminal proceeding.

On the Role of the Prosecutor in Initiating a Criminal Case and Initiating Criminal Prosecution

Lex Russica ◽  
2021 ◽  
pp. 85-94
Author(s):  
Т. Yu. Vilkova
Keyword(s):  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Public Prosecution ◽  
The Subject ◽  
The Russian Federation ◽  
The Right ◽  
Special Competence ◽  
State Body

The paper shows that the consolidation of the functions of the prosecutor’s office of the Russian Federation at the constitutional level leads to the need to return to the question of the effectiveness and sufficiency of the prosecutor’s powers to independently initiate a criminal case, initiate criminal prosecution, and bring charges. The modern models of granting various subjects the authority to initiate and carry out criminal prosecution, to bring charges in criminal procedural comparative studies are identified and analyzed. They are: 1) a system of public prosecution, or a monocratic model, in which criminal prosecution is initiated exclusively by the decision of state bodies with appropriate special competence, primarily the prosecutor’s office (prosecutor’s monopoly); 2) an ex officio prosecution system, or a polycratic model, when the subject of criminal prosecution is any of the state bodies authorized to conduct proceedings in a case, there is no monopoly of one state body or official to initiate criminal prosecution; 3) a private prosecution system, when the subject of criminal prosecution is either the victim or his legal successors; 4) a “people’s” system charges, in which any private person has the right to initiate criminal prosecution, regardless of whether he is a victim or not. The conclusion is substantiated that Russia belongs to the states in which the polycratic ex officio model is combined with private prosecution in certain categories of cases, while, unlike most other states, the prosecutor is not among the officials authorized to initiate criminal proceedings and/or criminal prosecution. It is shown that the lack of powers of the prosecutor in pre-trial proceedings hinders the achievement of the purpose of criminal proceedings. It is concluded that it is necessary to return to the prosecutor the authority to initiate a criminal case independently.

Sign in / Sign up

Export Citation Format

Share Document