scholarly journals The Role of Plea Agreement in Resolution of a Criminal Case in the Criminal Proceedings of the Republic of Kosovo

2018 ◽  
Vol 2 (1) ◽  
pp. 1-6
Author(s):  
Albulena Hajdari
Keyword(s):  
Criminal Case ◽  
Criminal Proceedings ◽  
The Republic

scholarly journals DEVELOPMENT DIRECTIONS OF THE SPECIAL JUDICIAL PROCEDURE

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 134-139
Author(s):  
Илья Степанович ДИКАРЕВ
Keyword(s):  
Decision Making ◽  
Criminal Case ◽  
Legal Interpretation ◽  
Criminal Proceedings ◽  
Dialectical Method ◽  
Methodological Basis ◽  
Court Proceedings ◽  
Judicial Procedure ◽  
Written Materials

The complicated application of the special judicial procedure significantly reduces the procedural savings achieved in criminal proceedings. In this regard, the question arises of compliance with modern realities of the complicated procedure for decision-making on the application of the considered form of court proceedings. Purpose: to develop proposals for improving the criminal procedure legislation in order to make it possible to simplify the application of the special judicial procedure. Methods: the author uses the methods of analysis, synthesis, legal interpretation as well as systemic and logo-legal methods; the methodological basis of the research is a dialectical method. Results: it is reasonable to conclude that the change in the role of the court in proving when applying the special judicial procedure, expressed in imposing on it the obligation independently, on the basis of written materials of the case and some judicial investigative actions, to establish the factual circumstances of the criminal case, will simplify the procedure for applying the considered procedural form by refusing to agree with the representatives of the prosecution.   

scholarly journals A FEW REMARKS REGARDING EVIDENCE FROM THE INTERROGATION OF A WITNESS IN CONNECTION WITH THE SUBJECT OF A COMMUNITY INTERVIEW CONDUCTED IN A CRIMINAL CASE (ARTICLES 214 OF THE CODE OF CRIMINAL PROCEDURE)

Probacja ◽  
2021 ◽  
Vol 4 ◽  
pp. 35-56
Author(s):  
Piotr Rogoziński
Keyword(s):  
Criminal Procedure ◽  
Criminal Case ◽  
Documentary Evidence ◽  
Criminal Proceedings ◽  
The Subject

The author discusses the role of documentary evidence in the form of the background survey in criminal proceedings. He also examines the possibilities and scope of verification of its content by interviewing as witnesses the person who conducted the evidence and the persons who provided information as part of the background survey. He emphasizes that it is justified in this case – in the context of the principle expressed in Art. 174 of the Code of Criminal Procedure – different approach to admitting and taking evidence from the testimonies of witnesses on the circumstances covered by the background survey. The article attempts to select typical cases in which it would be advisable to admit evidence from the testimonies of witnesses for the circumstances identified through the background survey.

scholarly journals The Protection of the Rights of the Defendant by the Constitutional Court-The Kosovo Case

2020 ◽  
Vol 3 (2) ◽  
pp. 1
Author(s):  
Adelina Rakaj
Keyword(s):  
Legal System ◽  
International Standards ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Effective Protection ◽  
International Court ◽  
The Republic ◽  
Domestic Law

The aim of this case study is to analyze the protection of the rights of the defendant in criminal proceedings and the implementation of international standards on the rights of the defendant in criminal proceedings in the domestic law of the Republic of Kosovo. This paper will focus on the role of the Constitutional Court of Kosovo in protecting the rights of the defendant during a criminal process, based on specific cases decided by the Constitutional Court of the Republic of Kosovo. For more than ten years since the Declaration of its Independence, Kosovo has established a legal system, which provides effective protection for the rights of a defendant. A significant role in this regard was played by the fact that Kosovo directly applies the jurisprudence of the International Court on Human Rights (ECtHR), as a constitutional obligation. Out of all institutions of the legal system in Kosovo, which are obliged to protect the rights of defendants, a determinant role was played by the Constitutional Court in such regards, therefore, this paper presents arguments how the Constitutional Court of Kosovo has become a guardian for protection of the rights of defendants, in compliance with the Jurisprudence of the ECtHR

scholarly journals Prospects of the Electronic Document Development in the Course of Digitization of Criminal Proceedings: On Protection of Migrants’ Rights

Migration law ◽  
2020 ◽  
Vol 4 ◽  
pp. 16-18
Author(s):  
Sergey S. Kalkanov ◽  
Keyword(s):  
Criminal Case ◽  
Electronic Document ◽  
Criminal Proceedings ◽  
Migrants Rights ◽  
E Mail ◽  
Video Format ◽  
Epidemiological Situation

The article analyzes the migration situation in the country. The need is emphasized in the context of global digitalization to ensure access of migrants to the protection of their rights, highlighting the electronic document as the main and most effective tool for such protection, especially in a difficult epidemiological situation. In the course of digitalization of criminal proceedings, two concepts are considered, with a description of the role of an electronic document in them. Within the framework of one of the concepts, the essence of an electronic criminal case is revealed and an appropriate definition is proposed. The author analyzes the meaning of a crime report in the form of an electronic document within the framework of the stage of criminal proceedings. The significance and value of this format of appeal is substantiated. Along with the text e-mail of the crime, the importance of the message in the video format is noted.

scholarly journals On the Forms of Rationality and the Specifics of Implementing the Principle of Procedural Economy in the Criminal Procedure Law of the Republic of Kazakhstan

2019 ◽  
Vol 13 (4) ◽  
pp. 661-670
Author(s):  
Zaure Ayupova ◽  
Daurenbek Кussainov ◽  
Zhanyl Madalieva ◽  
Gulbakhsha Mussabayeva ◽  
Gulnar Rakhimova
Keyword(s):  
Legal System ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Cultural Economic ◽  
Political Pluralism ◽  
Democratic State ◽  
Criminal Procedure Law ◽  
The Republic

The authors present a thorough research of the forms of rationality and the specifics of implementing the principles of procedural economy in the criminal procedure law of the Republic of Kazakhstan. Modern reforms of Kazakhstan’s legal system affected the criminal law sphere as well. The authors have conducted a comprehensive examination and analysis of the principles of procedural economy, effectiveness and rationality of criminal proceedings in the Republic of Kazakhstan. Under the current Criminal Procedure Code of the RK, the initial stage of the criminal process has been considerably transformed: the pre-investigation verification and initiation of a criminal case has been totally removed from it, which has considerably reduced a rather vast list of actions preceding the stage of initiating a criminal case. The dominant function of a democratic state is the protection of the constitutional rights of its citizens. It means that all branches of state power — legislative, executive and judicial — should serve the protection of the rights of a person, while other functions of the state – social, economic, political, environmental protection, public law and order — should comply with it. Different legal phenomena, relations, processes, interconnections and interactions in the legal sphere itself and, partially, outside it compose a special public system — the legal system, which develops relatively independently and functions alongside other public systems — social, spiritual-cultural, economic and state-political ones. The legal system is the condition and, simultaneously, the consequence of building a legal state and a civil society, representative democracy and political pluralism. The process of developing a legal state in the Republic of Kazakhstan is progressing successfully, some experience has been accumulated, and the positive experience of civilized countries that have achieved certain success in this area is implemented. The problem of procedural economy, effectiveness and rationality of criminal proceedings must be considered through the prism of the above-mentioned requirements.

THE PLACE AND THE ROLE OF A PERSON WHO CONCLUDED A PRE-TRIAL AGREEMENT IN THE SYSTEM OF THE PARTIES TO THE CRIMINAL PROCEEDINGS

2021 ◽  
pp. 42-47
Author(s):  
A. V. Orlov ◽  
◽  
K. P. Fedyakin ◽  
Keyword(s):  
Practical Interest ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Cooperation Agreement ◽  
Current Configuration ◽  
The Status ◽  
Criminal Procedure Law ◽  
History Of

The issues of specifying the procedural status of a person who concluded a pre-trial cooperation agreement are currently of research and practical interest. The divergence in settling some procedural aspects (starting with identifying the place and the role of the considered participant in the criminal proceedings and finishing with the feasibility of using the received information in evidence) brings to nothing the possibility of active participation of this person in the criminal case consideration. The authors attempt to analyze the most acute problems of determining the procedural status of the named subject of criminal proceedings to identify possible directions to improve criminal procedure law. To achieve target goals, the authors both analyzed the provisions of current criminal procedure legislation and considered the most interesting suggestions of scientists-processualists and practitioners on the improvement of legislative formulations describing the status of a person concluded a pre-trial cooperation agreement. Apart from this, the authors considered the history of the origin of this subject in the current national criminal procedure, showed the inconsistency of this figure in the current configuration of competitive criminal procedure. The authors propose introducing amendments to the texts of Articles 5, 74 of the RF Code of Criminal Procedure and discuss the necessity of moving Article 56.1 of the RF Code of Criminal Procedure to another chapter of the Code. Otherwise, according to the authors’ opinion, the participation of persons who concluded a pre-trial cooperation agreement in the criminal procedure will still rouse the censure of practitioners and face just criticism of the scientists-processualists.

scholarly journals Comparative Legal Analysis Of Issues Of Enforcement Of Rights Of Individuals In The Criminal Proceeding Of The Republic Of Uzbekistan And Republic Of Kazakhstan

2021 ◽  
Vol 03 (02) ◽  
pp. 105-110
Author(s):  
Dildora Bazarova ◽  
◽  
Kanat Utarov ◽  
Keyword(s):  
Comparative Analysis ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Distinctive Features ◽  
Criminal Proceeding ◽  
Public Control ◽  
The Republic

The article provides a comparative analysis of the development of ensuring the rights of individuals in two post-Soviet republics; it also gives distinctive features and trends in the development of guarantees of rights in criminal proceedings. The issues of participation of prosecutors and lawyers in the criminal process, the role of public control over the criminal process are considered by the author.

scholarly journals The Role of Correctional Bureau in Child Criminal Case Settlement through Diversion

2021 ◽  
Vol 04 (03) ◽  
Author(s):  
Kayus Kayowuan Lewoleba ◽  
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Government Regulation ◽  
Criminal Case ◽  
Conceptual Approach ◽  
Strategic Role ◽  
The Republic

Correctional Bureau (BAPAS) plays a very important and strategic role in child criminal case settlement. One form of the settlement is made through diversion, for child to avoid the bad impact of formal child criminal judicature. The research employed a juridical normative research method and statute approach and conceptual approach. The role of Bapas in child criminal case settlement through diversion is quite important and strategic as set forth in Law Number 11 of 2012 concerning Child Criminal Judiciary System, Government Regulation Number 65 of 2015 concerning the Guidelines on the Implementation of Diversion and Dealing with Under 12 (Twelve) Years Old Child, Regulation of Supreme Court of the Republic of Indonesia Number 4 of 2014 concerning the Guidelines on Diversion Implementation in Child Criminal Judiciary System. The constraints found in the diversion implementation are related to remedy for victim and non-optimal post-diversion supervision by the Correctional Advisor of Correctional Bureau (PK Bapas).

Expert as a scientific judge: we return to the discussion of a forgotten problem

2020 ◽  
Vol 2020 (4) ◽  
pp. 132-141
Author(s):  
Sergey Rossinskiy
Keyword(s):  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Training And Education ◽  
Procedure Code ◽  
Special Knowledge ◽  
The Russian Federation ◽  
Legal Understanding

In this article, the author continues his series of publications devoted to the problems of evidence in pre-trial proceedings in a criminal case. The article considers one of the most controversial procedural ways to establish circumstances that are important for a criminal case – judicial examination. Draws attention to a serious procedural feature of an expert, reminding not so much the rights of participants of criminal proceedings considered in Chapter 8 (Criminal procedure code) of the Russian Federation, as the jurisdictional powers of the bodies of preliminary investigation and trial. The author believes that the opportunity given to the expert to assess the actual quality of the research objects and their total adequacy to formulate certain conclusions compare him to a scientific judge. The author examines in detail the reasons that encouraged the scientists to abandon the idea of an expert as a scientific judge, and comes to the conclusion that they are wrong and farfetched. This allows us to think about changes in the doctrinal and legislative approaches to the role of an expert as a subject of evidence in criminal proceedings, namely, the prospects for granting him the authority to establish certain factual circumstances through the use of special knowledge. At the same time, attention is drawn to the fact that the proposed innovations will inevitably require undamentally different approaches to the training of judicial experts, to their training and education as highly professional subjects with an appro-priate level of legal awareness, legal understanding and responsibility for the results of research and conclusions.

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.

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