scholarly journals Lay Judge and Victim Participation in Japan: Japan’s Saiban’in Trial, the Prosecution Review Commission, and the Public Prosecution of White-Collar Crimes

2020 ◽  
Author(s):  
Hiroshi Fukurai
Keyword(s):  
White Collar ◽  
Public Prosecution ◽  
The Public ◽  
Victim Participation

scholarly journals Sharia Hisba and public lawsuit: An original study comparing Sharia and Libyan law

2021 ◽  
Vol 10 (1) ◽  
pp. 150
Author(s):  
Salem Salem Juber ◽  
Muhammad Awad Saker
Keyword(s):  
Original Study ◽  
The State ◽  
Public Order ◽  
Public Prosecution ◽  
The Public ◽  
Case System ◽  
Institutional System ◽  
The Individual ◽  
The Right ◽  
Coherent Body

The Sharia Hisba is an integrated Islamic system of pillars and construction whose theme is enjoining good and forbidding evil, and aims at stabilizing societies and the supremacy of virtue and high morals in it, and rejecting vice and bad morals from it. The legal public prosecution system is an accusatory system that seeks to safeguard the right of the state and the right of the individual to the public order to ensure a society free from apparent crimes, and a regular picture of the state and individuals is formed in a coherent body without chaos. The Hisba system is a symbiotic social system that moves through the community’s control of the community, while the public case system and its tools from the Public Prosecution and other institutions is a deterrent institutional system that moves in the light of the law and deals in accordance with its principles and limits.

Kriminalpräventive Maßnahmen zur Bekämpfung von Fehlverhalten im Gesundheitswesen

2021 ◽  
Author(s):  
Angelika Reinelt-Broll
Keyword(s):  
Statistical Analysis ◽  
Crime Prevention ◽  
Public Discourse ◽  
White Collar Crime ◽  
Health Sector ◽  
White Collar ◽  
Evidence Based ◽  
The Public ◽  
Control Units ◽  
First Time

This study deals for the first time with evaluation questions in connection with the activities of the control units in accordance with § 197a SGB V, because the phenomenon of Healthcare-fraud as well as the demand for evidence-based crime prevention is increasingly becoming part of the public discourse. On the basis of a statistical analysis of activity reports from three reporting periods and a written questionnaire, the study shows the necessity of the activities of the control units regarding the fight against white-collar crime in the health sector and at the same time describes various factors increasing their effectiveness on an organisational and procedural level.

Cassatieberoepen tegen criminele vonnissen en arresten in het Leiedepartement, 1796-1813

2020 ◽  
Vol 88 (1-2) ◽  
pp. 179-210
Author(s):  
J. Monballyu
Keyword(s):  
Criminal Court ◽  
Criminal Proceedings ◽  
Public Prosecution ◽  
The Public ◽  
Public Prosecution Service

Summary In the department of the Lys, the cassation appeal against criminal judgments was introduced in 1796 and could be made by both the criminal convicts and the Public Prosecution Service. The first cassation appeal was lodged on 5 May 1796 and the last on 18 December 1813. In total, 187 (24%) of the 779 criminal judgments were appealed in cassation, in 172 cases by 319 criminal convicts and in 15 cases by the Public Prosecution Service. Of those 187 cassation appeals, 167 (89.3%) were rejected and 20 (10.7%) were accepted. In the latter cases, this led to the annulment of the contested judgment and, in most cases, the criminal proceedings were (partially) repeated for an equivalent, nearby criminal court.

scholarly journals La Fiscalía española ¿Debe ser una institución independiente?

2018 ◽  
pp. 157
Author(s):  
Juan Luis Gómez Colomer
Keyword(s):  
Criminal Procedure ◽  
Criminal Investigation ◽  
Public Prosecution ◽  
The Public ◽  
Adversarial System ◽  
Public Prosecution Service ◽  
The Government ◽  
Adversarial Model ◽  
Do So

El Ministerio Fiscal español tiene ante todo un problema de identidad orgánica. Se desea que sea independiente del Gobierno, pero las normas confirman una cierta dependencia. El Ministerio Fiscal debe ser dependiente del Gobierno si se consuma la reforma hacia un modelo adversarial de enjuiciamiento criminal, porque ésa es la naturaleza que mejor cuadra con dicho sistema, en donde el acusado sabe que enfrente tiene a la Administración, que, cumpliendo con su deber público, le exige con todo su poder responsabilidad por sus actos. Hasta que se produzca el cambio, es mejor dejar las cosas como están. El Ministerio Fiscal no debe instruir el proceso penal ni dirigir la investigación del crimen mientras no tengamos el antedicho sistema adversarial vigente en España. Sería constitucional si lo hiciera, pero no está probado que esté preparado para hacerlo, y probablemente, a pesar de declaraciones oficiales, no desee asumir ahora esa responsabilidad. Con las normas y la práctica actual, correría el peligro de ser visualizado en los casos más importantes como un órgano no objetivo.The Spanish Public Prosecution Service has, foremost, a problem of organic identity. It is believed that it should be independent from the Government, but the laws confirm some degree of dependence. The Public Prosecution should depend on the Government if the reform toward an adversarial model of criminal procedure is pursued, because that is the nature that best fits a system in which the defendant knows he is facing an Administration that, fulfilling its public duty, is demanding with all its powers that he takes responsibility for his actions. Until the change is produced, it is better to leave things as they are. The Public Prosecution Service should not direct the criminal investigation while the foresaid adversarial system in not in force in Spain. If it did, it would be constitutional, but it has not been demonstrated that it is ready to do so and, probably, in spite of official declarations, the Public Prosecution does not want now to assume that responsibility. With the current laws and practices, the Prosecution Service would be in danger of being taken as a non-objective organ in the most important cases.

scholarly journals The Procuracy as a Subject of Constitutional Debate: Controversial and Unresolved Issues

2016 ◽  
Vol 11 (2) ◽  
pp. 309-328
Author(s):  
Lan Phuong PHAM
Keyword(s):  
Fundamental Aspect ◽  
Judicial Reform ◽  
Public Prosecution ◽  
The Public ◽  
Institutional Issues ◽  
Key Issues ◽  
And Function ◽  
And Control ◽  
Institutional Location ◽  
Role And Function

AbstractThe people’s procuracy is a transplanted Soviet-style institution in Vietnam, which currently exercises the public prosecution function along with the supervision of judicial activities. Debates about the procuracy’s role and function started as early as when the 1992 Constitution of the Democratic Republic of Vietnam (1992 Constitution) was drafted and they were facilitated by the judicial reform policies. In the process of revising the 1992 Constitution, heated debates on the procuracy continued. The subject of these debates included almost every fundamental aspect of the procuracy such as its institutional location, functions, duties, organization, and operation. This article reviews the constitutional debates concerning the procuracy between 2011 and 2013. It analyzes and compares the developments of the debates in this period with those that had occurred in the past, highlighting, in particular, key issues that remain unresolved. It argues that the controversy surrounding the procuracy reflects the legal and political complexities in Vietnam, especially the lack of agreement on institutional issues such as the rule of law, socialist legality, and control of powers.

The space for strategic manoeuvring in adjudicating a freedom of speech case in the Netherlands

2017 ◽  
Vol 6 (2) ◽  
pp. 105-136 ◽  
Author(s):  
Henrike Jansen
Keyword(s):  
Freedom Of Speech ◽  
Case Law ◽  
District Court ◽  
Activity Type ◽  
Strategic Manoeuvring ◽  
Public Prosecution ◽  
Legal Rules ◽  
The Public ◽  
Court Of Appeal ◽  
Do So

Abstract In this article it is shown that the institutional preconditions of the activity type adjudicating a freedom of speech case leave much room for strategic manoeuvring with topical selection. To this end, an analysis is presented of the argumentation of the District Court in a case against the Dutch anti-immigration politician Geert Wilders. In order to show the space for manoeuvring, this argumentation, resulting in acquittal, is compared with the argumentation put forward by the Court of Appeal, which had ordered, after the Public Prosecution Service’s refusal to do so, that Wilders be prosecuted. The analysis shows that the District Court made ample use of the space for manoeuvring provided at the normative level concerning the interpretation of legal rules and case law, and the space provided at the factual level of classifying the contested facts in light of the previously identified meaning of a rule.

scholarly journals KEWENANGAN KEJAKSAAN DALAM MENGAJUKAN PERMOHONAN PEMBATALAN PERKAWINAN (Suatu Penelitian di Kabupaten Aceh Besar)

2018 ◽  
Vol 7 (1) ◽  
pp. 108
Author(s):  
Mardiyah Mardiyah ◽  
Azhari Yahya
Keyword(s):  
Field Research ◽  
Empirical Approach ◽  
Public Prosecutor ◽  
Legal Certainty ◽  
Common Goal ◽  
Public Prosecution ◽  
The Public ◽  
The Future ◽  
Research Findings ◽  
Legal Consequence

This research aims to know the authority of the public prosecutor in applying the cancellation of marriage application at Mahkamah Syar’iyah Jantho. Article 22 of the Act Number 1, 1974 on Marriage states that a marriage bond might be cancelled if it failed to fulfill the requirement. However, in the practice at the Mahkamah Syariyah Jantho, the prosecutor has never been conducted such authority. This research aims to explore the reasons of the Public Prosecution Office has never been applying for the invalid marriage and legal consequence for the prosecution office when it fails to conduct its duties. This is field research, by using a juridical empirical approach. The research findings are the public prosecution office might apply for r the marriage cancellation towards marriage as ruled in Article 23 point c of the Marriage Act due to reasons for the Prosecution Office that has never been applying is due to the reason that there is no special explanation regarding the matter and there is different perception. The Prosecution Office or the prosecutor but it has implication over the ignorance of not applying the cancellation of marriage. Thus in terms of keeping the law is working, and preventing the offense committed in the future and there is legal certainty amongst people there should be  a common goal and aims in imposing law by law enforcers in responding the authority and the position of the public prosecution office  in applying the application of marriage cancellation.

scholarly journals Privatisierung der Strafverfolgung — Königsweg oder Irrweg?

2017 ◽  
Vol 43 ◽  
pp. 483-507
Author(s):  
Rainer Sieg
Keyword(s):  
Economic Crime ◽  
Criminal Prosecution ◽  
Public Prosecution ◽  
The Rule Of Law ◽  
The Public ◽  
The Us ◽  
Royal Road ◽  
Fact Finding ◽  
Economic Crimes ◽  
Finding Method

Privatization of criminal prosecution — a royal road or a wrong track?The comprehensive use of private individuals by the company management for the systematic clearance of suspected economic crimes has been for decades a tried and tested fact-finding method in the US legal system. In Germany this form of corporate private investigations took not place or was unknown to the public prosecution. This changed dramatically with the discovery of spectacular corruption affairs with international relation in 2007. “Internal Investigations” have developed since then to a lucrative commercial model particularly for American solicitor’s offices, because only these are accepted by the American authorities America only.However, the adherence to examination standards of a state under the rule of law must be also protected in the job. The judiciary must win back the inquiry sovereignty in the fight against economic crime.The fight against international economic crime can no longer be left to a single country alone. The fight against anti-competitive corruption should be a priority for the entire community. As an adequate means supplements to the Convention on the Fight against Corruption of the Council of the Organization for Economic Cooperation and Development OECD on the Laws of Transnational Criminal Prosecution of Economic Offenses come into consideration.

scholarly journals The Meaning and Declaration of Commercial and Civil Insolvency under the Provisions of the Jordanian Insolvency Law No. 21 of 2018

2020 ◽  
Vol 13 (1) ◽  
pp. 161
Author(s):  
Murad Mahmoud AL-Shnikat
Keyword(s):  
Insurance Companies ◽  
Commercial Law ◽  
Insolvency Law ◽  
Public Prosecution ◽  
The Public ◽  
Control Department

The present study aimed to shed a light on commercial and civil insolvency under the provisions of the Jordanian insolvency law No. 21 of 2018. It aimed to explore the meaning and procedures of insolvency under the latter law. Under the latter law, the commercial insolvency is governed by the provisions of the insolvent debtor. Under the latter law, there are two types only of insolvency; imminent and actual insolvency. Under the latter law, the ones entitled to lodge an insolvency petition are: the creditor, debtor and the officer acting on behalf of the companies control department. Contrary to that, under the repealed provisions of the Jordanian commercial law, the ones entitled to lodge a bankruptcy petition are: the creditor, debtor, the court, and the public prosecution department. Several recommendations are suggested. For instance, the researcher recommends adjusting the criteria adopted by the Jordanian legislator for identifying the ones considered insolvent debtors to include more categories. Such criteria must include greater categories, such as: banks and insurance companies. He also recommends adjusting the latter criteria in order to exclude the ones who do not meet such criteria. He recommends authorizing the court to declare the insolvent debtor by itself as officially insolvent. He believes that such a power mustn’t be limited to debtors, creditors and the officer acting on behalf of the companies control department only. He recommends granting the power of lodging an insolvency petition to the court and the public prosecution department.

Sign in / Sign up

Export Citation Format

Share Document