scholarly journals Karnoprocesowa ochrona małoletniego pokrzywdzonego w sprawach o przestępstwa przeciwko wolności seksualnej i obyczajności — kilka uwag na tle nowelizacji wprowadzonej ustawą z dnia 13 czerwca 2013 r. o zmianie ustawy — Kodeks karny oraz ustawy — Kodeks postępowania karnego

2016 ◽  
Vol 39 ◽  
pp. 85-105 ◽  
Author(s):  
Justyna Żylińska
Keyword(s):  
Criminal Procedure ◽  
Penal Code ◽  
Sexual Freedom ◽  
Single Time ◽  
Procedure Code ◽  
Penal Law ◽  
Scope Of Application ◽  
Legal Entitlement ◽  
The Moment ◽  
A Minor

Protection of a minor victim under the penal law in cases concerning crime against sexual freedom and morality — a few comments against the background of the amendments introduced by the updated Act dated 13 June, 2013 Amending the Act — The Penal Code and the Act — The Criminal Procedure CodeThe article discusses issues linked with the protection of a minor victim in cases against sexual freedom and morality in the context of amendments introduced by the Act dated 13 June, 2013 Amending the Act — The Penal Code and the Act —The Criminal Procedure Code which took effect on 27 January, 2014 and introduced major amendments into the Criminal Procedure Code including the content of Art. 185a of the Criminal Procedure Code regulating the manner of examination of a minor victim who at the moment of the hearing is under 15 in proceedings concerning crimes referred to therein, among other things in the proceedings against sexual freedom and morality. Subject to analysis, particularly in the context of the aforesaid amendments, are the following issues:— scope of application of the regulations of Art. 185 a of The Criminal Procedure Code,— principle of single time examination of a minor victim in cases concerning crimes against sexual freedom and morality, — authority with a legal entitlement to interview a minor victim and other entities participating in the examination,— strategy for interviewing a minor victim in light of the Regulation of the Minister of Justice dated 18 December 2013 on the Preparation of the Interview Carried out in the Manner Referred to in Art. 185a–185c of the Criminal Procedure Code and the rules for recording the examination.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

scholarly journals ISSUES AND PROSPECTS FOR IMPROVEMENT IN SIMPLIFYING THE PRE-TRIAL INVESTIGATION

2021 ◽  
Vol 75 (2) ◽  
pp. 132-139
Author(s):  
Andriy Vorobey ◽  
Keyword(s):  
Legal Status ◽  
Full Range ◽  
Practical Importance ◽  
Criminal Procedure ◽  
Negative Consequences ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Moment ◽  
Definition Of ◽  
National Police

The article deals with the problematic issues of pre-trial investigation of criminal offenses, under investigation by the units of the National Police of Ukraine, have not been studied in the scientific literature. The author of the article points out the problems of the legal status of a head of an inquest body, the author's definition of this term is given and proposed changes to the current criminal procedural legislation, which should eliminate legal gaps. Considered the inconsistencies of the current criminal procedural legislation in terms of regulating the order of attachment for seizure of the property during the pre-trial investigation of criminal offenses. Analyzed judicial practice on this issue and proposed changes to legislation according to the needs of practice. The drawbacks are noted in establishing the terms of pre-trial investigation of criminal offenses, which are caused by the need to conduct psychiatric and other forensic examinations, it is proposed to provide in the Criminal Procedure Code of Ukraine for an inquiry period of 2 months from the moment a person is informed of suspicion. The author's specified legal inconsistencies in the issue of regulating the conduct of a search during an inquiry, it is indicated that there is a need to standardize Articles 234–236 of the Criminal Procedure Code. Due to fact that the activities of the inquest bodies of the National Police of Ukraine are noticeably inefficient, it is proposed to introduce a shortened inquiry procedure in order to implement the principle of economy in the criminal process and saving resources used during the pre-trial investigation.The current procedural form of criminal investigation in Ukraine provides for the need to conduct a full range of investigative and procedural actions in a short time, even for obvious criminal offenses, when the suspect unequivocally pleads guilty and compensates for the damage, which has negative consequences. The introduction of an abbreviated procedure for inquiry is possible only for a clearly defined range of criminal offenses, the legislation must approve guarantees to ensure the rights of suspects from law enforcement abuses and the criteria under which an abbreviated form of inquiry is impossible. The study of the possibility of implementing an abbreviated order of inquiry is of practical importance and is an important area for further study.

scholarly journals Eavesdropping in the Iranian Criminal Justice System

2018 ◽  
Vol 5 (2) ◽  
pp. 60
Author(s):  
Mansour Rahmdel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Penal Code ◽  
Exact Nature ◽  
Human Beings ◽  
Procedure Code ◽  
The Individual ◽  
Full Protection

That the individual shall have full protection in person is a principle as old as the human beings life, but it has beenfound necessary from time to time to define anew the exact nature and extent of such protection. As civilizationadvanced, an individual’s feelings and intellect, as well as his physical being, came within the scope of the legal“right to be let alone.”Iranian Constitution has guaranteed individual’s rights and freedom and has explicitly referred to forbiddance ofeavesdropping and interception of conversations in its article 25. Article 582 of Penal Code ratified in 1996 hascriminalized eavesdropping by the governmental officials. Article 104 of Criminal Procedure Code, which wasabolished in 2014, referred to eavesdropping under the judge’s order. Article 150 of new criminal procedure coderatified in 2014, and came into force in October 2014, has provided adequate safeguards to protect the individual’srights.

scholarly journals Exercising Precautions and Supervising Inspection, Supervising Judgment of Cases of Violating the Order of Economic Management

2021 ◽  
Vol 11 (4) ◽  
pp. 2564-2582
Keyword(s):  
Criminal Procedure ◽  
Penal Code ◽  
Legal Rights ◽  
Timely Manner ◽  
Economic Management ◽  
Innocent People ◽  
Procedure Code ◽  
Investigation Period ◽  
Rights And Interests ◽  
The Right

Crimes of infringing upon economic management order are specified in Section 1, Section 2, Section 3 Chapter 18 of the 2015 Penal Code, including 48 crimes, divided into 3 groups of crimes. According to the provisions of the 2013 Constitution, the 2014 Law on Organization of the People's Procuracy and the 2015 Criminal Procedure Code, the People's Procuracy exercises the right to prosecute and supervise judicial activities to ensure all legal rights and interests. Criminal acts must be detected, investigated, prosecuted and adjudicated in a timely manner, without causing unjust, wrong, or omission of criminals and at the same time not causing injustice to innocent people. The article presents the crimes of infringing upon the economic management order specified in the 2015 Penal Code, the prosecutor's exercise of the right to prosecution and judicial supervision during the investigation period; prosecuting and adjudicating cases of infringing upon economic management order.

scholarly journals The Right of the Accused to Compensation in the Iranian Criminal Justice System

2018 ◽  
Vol 1 (1) ◽  
pp. 76
Author(s):  
Mansour Rahmdel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Penal Code ◽  
Procedure Code ◽  
The Government ◽  
The Right ◽  
International Conventions ◽  
Rule Out

<em>Normally, the right to compensation refers to the victim’s compensation. The legislator also typically refers to the right to it, as the Iranian Criminal Procedure Code has done so in articles 14 and 15. But the present paper, refers not to the victim’s, but the accused right. The Criminal Procedure Code of 1912 and 1999 referred to the possibility of compensating the accused by the iniquitous private complainant. However, none of them referred to the government’s obligation to compensate to the innocent accused. In contrast, the Penal Code of 2014 stipulates the government’s obligation to compensate the defendant for damages, but does not rule out the possibility of compensation by iniquitous complainant. Certainly, it does not exempt the complainant to compensation. Reaffirming the responsibility of the government to offset the losses of innocent accused, in line with international conventions, is one of the highlights of the new code. But the lack of compensation for unjustified detention is one of the gaps in the new code. This paper proposes that the Iranian new code of criminal procedure, serves as a development in respecting the accused right in creating comprehensive compensation schemes.</em>

scholarly journals Implementation of the Islamic Criminal Law in Malaysia: Prospects and Challenges

ICR Journal ◽  
2015 ◽  
Vol 6 (2) ◽  
pp. 166-174
Author(s):  
Tun Abdul Hamid Mohamad
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Penal Code ◽  
Recent Information ◽  
Common Mistake ◽  
Procedure Code ◽  
Federal Constitution ◽  
Solicitor General ◽  
The Law

First of all, I would like to correct a common mistake. Many people thought that Brunei has implemented hudud law. That is not correct. In fact, to this day, Brunei has yet to enforce that part of the Syari’ah Penal Code Order 2013 which contains hudud offences. Brunei has gazetted the law. The effective date has not been fixed yet. The most recent information I received from the Assistant Solicitor General of Brunei on 15th December, 2014 confirmed that the hudud law has not been enforced.  In fact, the provisions of the Syari’ah Criminal Procedure Code necessary for the implementation are still under discussion. If we want to talk about criminal law and what is now called “Islamic criminal law”, in the Malaysian context, we have to start from the Federal Constitution.

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.

scholarly journals If crime novels were actual criminal cases

2021 ◽  
Vol 16 (3) ◽  
pp. 24-29
Author(s):  
Ina Lozanova
Keyword(s):  
Rule Of Law ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Procedure Code ◽  
Penal Law ◽  
Academic Courses ◽  
Current Article

The current article aims to present a hypothetical review of some legal omissions in selected, reader-favorite crime novels. The material is based on legal principles which are common to states governed by the rule of law, and it would be useful to students of law and other academic courses. The presented cases in works of fiction have been analyzed from the standpoint of the acting Bulgarian penal law and Criminal Procedure Code.

Sign in / Sign up

Export Citation Format

Share Document