scholarly journals Niezależność sądu oraz niezawisłość sędziowska w sprawach karnych w okresie rządów autorytarnych i totalitarnych w Polsce

2021 ◽  
Vol 43 (2) ◽  
pp. 391-401
Author(s):  
Krzysztof Nowicki

At present, there is no doubt that a need exists to ensure the citizens’ right to have a criminal case examined by an independent and unbiased court. For the proper functioning of the court-based administration of justice to be possible, the courts must have the attribute of independence and the judges must be autonomous. These issues are regulated in international treaties to which Poland is a party. The aim of this study is to describe the role of judiciary independence and judicial autonomy in criminal cases. In order to achieve these goals, considerations will be presented on the essence of such independence and autonomy, and a reference will be made to the way the authoritarian state functioned after the May coup in the Second Polish Republic, and the totalitarian state during the era of the Polish People’s Republic.

2018 ◽  
Vol 1 (3) ◽  
pp. 597
Author(s):  
Heni Agustiningsih ◽  
Sri Endah Wahyuningsih

Concomitant with the increasing number of criminal cases concerning criminal law talks even more into the spotlight. One criminal case whose numbers have increased is the narcotic crime. The doers are not limited to age, gender or social strata. Increasing this narcotic crime was accompanied by the use of increasingly sophisticated modus operandi so, make the legislators felt the need to establish a new law governing narcotics. Judge in deciding should consider the value of certainty, justice and the role of the judge is kemafaatan for law enforcement and justice. Article 1 (1) of Act No. 48 Of 2009 regarding Judicial Power.Keywords: Effectiveness; Criminal Law;� Narcotics.


2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Ahmad Fatah ◽  
Gunarto Gunarto

How investigators determine suspects in criminal cases circulating counterfeit money in the area of Holy Police The way investigators determine suspects in criminal cases circulating counterfeit money in the jurisdiction of the Holy Police is based on fulfilling elements of criminal acts Article 245 of the Criminal Code supported by witnesses and experts and goods evidence, can be added to the confession of the suspect but not absolute.The mechanism for investigating criminal cases circulating money in the territory of the Gubug Police Station has the same operational basis as the mechanism of criminal investigations referring to the SKEP Chief of Police Number Pol: SKEP / 1205 / IX / 2000 concerning the Implementation Manual for Criminal Investigation Processes which states that investigations include: the investigation phase, the prosecution stage (summons, arrests, detention, searches, and seizures), the examination stage (examination of witnesses, experts, suspects), the stage of completing and submitting case files (making resumes, preparing case files, and submitting case files)Obstacles faced by investigators in investigating criminal cases circulating money in the jurisdiction of the Holy Police are internal barriers (limited operational funds of the police, inadequate police personnel is not balanced with the number of crime cases that must be handled, lack of supporting facilities and infrastructure such as forensic laboratories ), and external barriers (lack of community participation in assisting the police in uncovering criminal acts of circulating counterfeit money).Keywords: Investigator; Crime; Currency


2018 ◽  
Author(s):  
Substantive Justice ◽  
Ramdhan Kasim

PUBLISHED ON www.substantivejustice.id Vol.1 (1) March 2018 The purpose of this study is to know and examine and analyze the nature of the provision of legal aid for the poor in criminal cases and to know and review and analyze the role of Legal Aid Organizations in Providing Legal Aid for the Poor in criminal cases. as well as to know and examine and analyze what factors influence the implementation of legal aid of the Poor in criminal cases.


Author(s):  
Ramdhan Kasim

The purpose of this study is to know and examine and analyze the nature of the provision of legal aid for the poor in criminal cases and to know and review and analyze the role of Legal Aid Organizations in Providing Legal Aid for the Poor in criminal cases. as well as to know and examine and analyze what factors influence the implementation of legal aid of the Poor in criminal cases.  


2018 ◽  
Vol 1 (3) ◽  
pp. 613
Author(s):  
Agus Triatmoko ◽  
Anis Mashdurohatun

Penal mediation settlement of criminal cases into the shape desired by the people involved in the dispute or disputes between community members. This is caused because the penal mediation there is no one party that defeated or won, so hopefully after the settlement with this penal mediation model disputing community members can live in peace side by side back to normal. This study raises the issue. What is the role of the police in the process penal mediation? This study belongs to the species normative legal research. Technic collecting data used is the study of literature. Descriptive analysis method. The results showed that that the implementation of the Police has the authority to conduct penal mediation by Act No. 2 of 2002 on the Indonesian National Police. One form of penal mediation by the police that the decision to terminate the criminal case after the settlement reached through negotiation involving mainly the victims and perpetrators, as well as religious leaders, community leaders and local government representatives.Keyword: Police, Penal Mediation, Criminal Case.


Author(s):  
А. Е. Лебедева Скачкова

В статье рассматривается проблематика неотвратимости уголовной ответственности за преступления в бюджетной сфере на стадии разрешения вопроса о возбуждении уголовного дела с позиции эффективности деятельности государственных органов, значение и роль органов прокуратуры. The article examines the problem of inevitability of criminal liability for crimes in the budgetary sphere at the stage of resolving the issue of initiating a criminal case from the standpoint of the effectiveness of the activities of state bodies, the importance and role of prosecutors.


2018 ◽  
Vol 68 (2) ◽  
pp. 498-516
Author(s):  
Neil O'Sullivan

Of the hundreds of Greek common nouns and adjectives preserved in our MSS of Cicero, about three dozen are found written in the Latin alphabet as well as in the Greek. So we find, alongside συμπάθεια, also sympathia, and ἱστορικός as well as historicus. This sort of variation has been termed alphabet-switching; it has received little attention in connection with Cicero, even though it is relevant to subjects of current interest such as his bilingualism and the role of code-switching and loanwords in his works. Rather than addressing these issues directly, this discussion sets out information about the way in which the words are written in our surviving MSS of Cicero and takes further some recent work on the presentation of Greek words in Latin texts. It argues that, for the most part, coherent patterns and explanations can be found in the alphabetic choices exhibited by them, or at least by the earliest of them when there is conflict in the paradosis, and that this coherence is evidence for a generally reliable transmission of Cicero's original choices. While a lack of coherence might indicate unreliable transmission, or even an indifference on Cicero's part, a consistent pattern can only really be explained as an accurate record of coherent alphabet choice made by Cicero when writing Greek words.


2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation


Author(s):  
Linda MEIJER-WASSENAAR ◽  
Diny VAN EST

How can a supreme audit institution (SAI) use design thinking in auditing? SAIs audit the way taxpayers’ money is collected and spent. Adding design thinking to their activities is not to be taken lightly. SAIs independently check whether public organizations have done the right things in the right way, but the organizations might not be willing to act upon a SAI’s recommendations. Can you imagine the role of design in audits? In this paper we share our experiences of some design approaches in the work of one SAI: the Netherlands Court of Audit (NCA). Design thinking needs to be adapted (Dorst, 2015a) before it can be used by SAIs such as the NCA in order to reflect their independent, autonomous status. To dive deeper into design thinking, Buchanan’s design framework (2015) and different ways of reasoning (Dorst, 2015b) are used to explore how design thinking can be adapted for audits.


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