RETROSPECTIVE ANALYSIS OF THE RULES FOR GENERAL CONDITIONS OF PROVING IN CRIMINAL PROCEDURE

2019 ◽  
Vol 137 ◽  
Author(s):  
Bakhtiyor Rаjabov ◽  
Keyword(s):  
Retrospective Analysis ◽  
Criminal Procedure ◽  
General Conditions

scholarly journals Civil Contract as an Evidence in Avestan Criminal Procedure

2018 ◽  
Vol 50 ◽  
pp. 01230
Author(s):  
Shukhrat Hamroyev ◽  
Aleksey Parfyonov
Keyword(s):  
Retrospective Analysis ◽  
Cultural Values ◽  
Historical Development ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Basic Principles ◽  
Study Results ◽  
History Of ◽  
Court Proceedings ◽  
Civil Contract

The paper considers the statutory concept of the civil contract as a form of evidence used by the ancient Tajiks in Avestan court proceedings, particularly with regard to findings, typology and responsibility for violation of the contract in part of Vendidad. The history of contracts as a form of evidence in Avestan court proceedings is the key component of political and legal institutes within the historical development of Tajikistan, which was characterized by worldview, political and cultural values of the society in a certain era of its development. Therefore, the study of this main institute of criminal proceedings always remains relevant. The study provides the retrospective analysis of the contract as a form of evidence in Avestan court proceedings during the period of the Zoroastrian civilization. The study results in basic principles and ways of implementing the contract as a form of evidence in Avestan court proceedings.

scholarly journals A Brief Analysis On Preventive Measures Involving Deprivation Of Liberty

2015 ◽  
Vol 21 (2) ◽  
pp. 398-402
Author(s):  
Denisa Barbu
Keyword(s):  
Judicial Review ◽  
Preventive Measures ◽  
Criminal Procedure ◽  
General Nature ◽  
Individual Freedom ◽  
Judicial Control ◽  
House Arrest ◽  
The Individual ◽  
General Conditions

Abstract Preventive measures are divided by the legislator in 2 categories: imprisonment (detention, house arrest, preventive arrest) and restrictive of rights (judicial review and judicial control on surety). An absolute novelty is the introduction of house arrest. There is some controversy concerning the conditions which must be fulfilled in order to be disposed by the judge of rights and freedoms, the judge of preliminary Chamber or Panel of judges either the house arrest or the measure of preventive arrest. Whereas the establishment of preventive measures involves undermining the individual freedom, the national and the European laws have created a series of legal guarantees to prevent arbitrariness or abuse in making or extend/maintain them. There are also a number of provisions of a general nature, applicable to all preventive measures, namely, termination, revocation or replacement thereof. For all measures involving deprivation of liberty, general conditions must be fulfilled, stipulated by article 202, of the Code of Criminal Procedure, but for house arrest and detention in addition to the General conditions, special conditions should be fulfilled foreseen by article 223 of the Code of Criminal Procedure, conditions which must be cumulatively met. Not fulfilling the cumulative criteria laid down in national and European norms cannot be replaced by other considerations of the judge.

scholarly journals DEVELOPMENT OF THE JURY INSTITUTE AS A GUARANTEE OF THE EFFICIENCY OF THE UKRAINIAN MODERN JUDICIAL SYSTEM

2021 ◽  
Vol 2 (5) ◽  
pp. 94-101
Author(s):  
I. V. Fedorov
Keyword(s):  
Personal Data ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Judicial System ◽  
Jury Trial ◽  
Administration Of Justice ◽  
General Conditions

The article is devoted to the study of theoretical and practical problems related to the formation and functioning of the jury in Ukraine. The work analyzes the legislation of Ukraine, the scientific positions of domestic and foreign scientists-proceduralists on the formation and functioning of the jury. The essence, the order of formation, the peculiarities of the functioning of the jury trial, the elements of the jury's protection during his activities related to the administration of justice are clarified. It is determined that the practice of jurors, there are difficulties in understanding the jury as a source of evidence protocols of covert investigative (search) actions and materials of operational and investigative measures, due to the specifics of these materials. It is therefore important to explain to the jury the purpose for which, for example, the personal data of persons who participated in covert investigative (search) actions were changed in the protocols in order to remove any doubts about the authenticity of these documents. The prosecutor must explain to the jury the general conditions for conducting covert investigative (search) actions. Difficulties also arise during the examination of testimony given during the pre-trial investigation to the investigating judge, as jurors usually do not directly accept the testimony of such persons. and law. Such a model fully fits into the European continental model of criminal procedure and in modern conditions, taking into account reasonable proposals to improve the trial of juries, will ensure the proper participation of people in criminal proceedings.A number of proposals and recommendations have been developed to improve the legal regulation of the formation and activities of the jury in Ukraine.

Czas na podjęcie przez sąd decyzji w przedmiocie wniosku o zastosowanie tymczasowego aresztowania

2021 ◽  
pp. 295-311
Author(s):  
Szymon Pawelec
Keyword(s):  
Historical Analysis ◽  
Criminal Procedure ◽  
Time Limit ◽  
Reliable Assessment ◽  
Short Period ◽  
Effective Use ◽  
Short Time ◽  
General Conditions

This paper canvasses the problem of adequacy of time limit of 24 hours (as defined in art. 248 § 2 of the Code of Criminal Procedure and Art. 41 sec. 3 of the Constitution) for the court to assess the prosecutor’s request for pre-trial detention. Starting from the historical analysis of such a solution and then going through the characteristics of the scope of activities necessary to be taken by the court in such a short time and recalling selected procedural problems, visible mainly in the extensive penal economic cases, it was indicated that such a short deadline does not create general conditions for a reliable assessment of the legitimacy of the conclusion drawn. At the same time, the risk of transferring the effects of such inability to the suspect was indicated. Against this background, two main directions of possible normative changes are presented, including both the time limit itself and the accompanying solutions, allowing to create conditions for a more effective use of this inherently short period.

scholarly journals A retrospective analysis of the humanization of criminal procedure and practice of the death penalty in the context of the teachings of Cesare Beccaria

2020 ◽  
pp. 166-170
Author(s):  
Konstantin Vasilkov ◽  
Victor Udovichenko
Keyword(s):  
Criminal Justice ◽  
Retrospective Analysis ◽  
Death Penalty ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Cesare Beccaria ◽  
Severe Punishment ◽  
Criminal Legislation

The authors analyze two fundamental directions of the teaching of the great italian lawyer C. Beccaria in the context of humanizing the process of proving the guilt of a criminal in relation to the use of unacceptable methods of criminal justice. At the same time, an assessment of the practice and necessity of applying the death penalty as the most severe punishment is given in a similar way. It is concluded that these areas of teaching of C. Beccaria formed the foundation of the classical school of criminal law and are represented in modern criminal legislation.

Sound Production Treatment for Acquired Apraxia of Speech: An Examination of Dosage in Relation to Probe Performance

2020 ◽  
pp. 1-16
Author(s):  
Julie L. Wambaugh ◽  
Lydia Kallhoff ◽  
Christina Nessler
Keyword(s):  
Retrospective Analysis ◽  
Sound Production ◽  
Apraxia Of Speech ◽  
Practice Schedule ◽  
Practice Schedules ◽  
Baseline Performance ◽  
The Mean ◽  
Number Of Treatment ◽  
The Impact

Purpose This study was designed to examine the association of dosage and effects of Sound Production Treatment (SPT) for acquired apraxia of speech. Method Treatment logs and probe data from 20 speakers with apraxia of speech and aphasia were submitted to a retrospective analysis. The number of treatment sessions and teaching episodes was examined relative to (a) change in articulation accuracy above baseline performance, (b) mastery of production, and (c) maintenance. The impact of practice schedule (SPT-Blocked vs. SPT-Random) was also examined. Results The average number of treatment sessions conducted prior to change was 5.4 for SPT-Blocked and 3.9 for SPT-Random. The mean number of teaching episodes preceding change was 334 for SPT-Blocked and 179 for SPT-Random. Mastery occurred within an average of 13.7 sessions (1,252 teaching episodes) and 12.4 sessions (1,082 teaching episodes) for SPT-Blocked and SPT-Random, respectively. Comparisons of dosage metric values across practice schedules did not reveal substantial differences. Significant negative correlations were found between follow-up probe performance and the dosage metrics. Conclusions Only a few treatment sessions were needed to achieve initial positive changes in articulation, with mastery occurring within 12–14 sessions for the majority of participants. Earlier occurrence of change or mastery was associated with better follow-up performance. Supplemental Material https://doi.org/10.23641/asha.12592190

Abstract #701: A Retrospective Analysis of The Impact of Weight Loss on Renal Function

2016 ◽  
Vol 22 ◽  
pp. 145-146
Author(s):  
Tiffany Schwasinger-Schmidt ◽  
Georges Elhomsy ◽  
Fanglong Dong ◽  
Bobbie Paull-Forney
Keyword(s):  
Weight Loss ◽  
Renal Function ◽  
Retrospective Analysis ◽  
The Impact
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