Locating the Crime Victim in Criminal Procedure Ideologies

2013 ◽  
Author(s):  
G. S. Bajpai
Temida ◽  
2004 ◽  
Vol 7 (1) ◽  
pp. 17-29
Author(s):  
Milan Skulic

In this paper the position of victim in criminal procedure for organized crime is analyzed. Through recent changes of our criminal procedure law, the special type of procedure is created in relation to organized crime, with inclusion of large number of specific criminal procedure norms. These new solutions contribute to the protection of victims/witnesses, although there are still more space for the improvement. Legislative body still needs to overcome deeply embedded attitude that the witnesses and victims are the exclusive source of evidence, or, in other words, that the witness testimony is only way to find out evidence information. The victim has to be treated at the first place as a person to whom specific position in criminal procedure, with special regard on the protection of her basic rights, should be guaranteed.


2020 ◽  
Vol 24 (2) ◽  
pp. 175-201
Author(s):  
Elspeth Reid

Infringement of liberty has long been regarded as a delict which requires to be compensated, but public officers may in some circumstances be protected against liability where freedom has been “lawfully abridged” in conformity with the rules of criminal procedure. However, the boundaries of this form of privilege have not always been delineated with clarity. This article will argue that they remain unclear following the Outer House decision in Whitehouse v Gormley. In particular it questions the basis for requiring the pursuer to prove malice where a claim is made against police officers for unlawful detention or arrest.


2020 ◽  
Vol 26 (2) ◽  
pp. 141-144
Author(s):  
Atanas Brandev

AbstractUsed by undercover agents in detecting and documenting crimes committed by the so-called. ‘Organized crime groups’ is a relatively poorly used but extremely effective method. The latter is a combination of criminal procedure and special laws and regulations. The full use of undercover agents requires further enhancement of the legal safeguards for the protection of the employees in question, as well as a clear distinction between acts performed by the employees in question, whether or not in connection with their undercover activities, with or without the implementation of different composition of crime. Attention should be paid to the mechanisms for the selection and joint training of the latter, including through the exchange of experience of EU partner services.


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