Judicial geography as a legal science and academic discipline

2019 ◽  
Vol 5 (4) ◽  
pp. 122-137
Author(s):  
Almaz F. Abdulvaliev
Keyword(s):  
Criminal Law ◽  
Climatic Factors ◽  
Academic Discipline ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Mapping Method ◽  
Research Field ◽  
Point Of View ◽  
Theoretical Development ◽  
New Research

This article presents the conceptual foundations for the formation of a new research field “Judicial Geography”, including the prerequisites for its creation, academic, and theoretical development, both in Russia and abroad. The purpose of the study is to study the possibility of applying geographical methods and means in criminal law, criminal procedure, and in judicial activity in general via the academic direction “Judicial Geography”. The author describes in detail the main elements of judicial geography and its role and significance for such legal sciences, as criminal law, criminal procedure, criminalistics, and criminology among others. The employed research methods allow showing the main vectors of the development of judicial geography, taking into account the previous achievements of Russian and worldwide academics. The author indicates the role and place of judicial geography in the system of legal sciences. This study suggests a concept of using scientific geographical methods in the study of various legal phenomena of a criminal and criminal-procedural nature when considering the idea of building judicial bodies and judicial instances, taking into account geographical and climatic factors. In this regard, the author advises to introduce the special course “Judicial Geography”, which would allow law students to study the specifics of the activities of the judiciary and preliminary investigation authorities from a geographical point of view, as well as to use various geographical methods, including the mapping method, in educational and practical activities. The author concludes that forensic geography may become a new milestone for subsequent scientific research in geography and jurisprudence.

APPLICATION FEATURES OF TECHNICAL AND FORENSIC TOOLS BY AN INVESTIGATOR (THE INTERROGATOR) DURING INTERROGATION IN THE PRETRIAL DETENTION CENTER

2020 ◽  
pp. 48-53
Author(s):  
Роман Михайлович Морозов ◽  
Дмитрий Юрьевич Волков
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Scientific Literature ◽  
Preliminary Investigation ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Evidence Based ◽  
Detention Center ◽  
Pretrial Detention ◽  
Forensic Tools

Целью статьи было рассмотреть проблемные аспекты тактико-криминалистического применения технических средств при производстве допроса, предложить научно обоснованные рекомендации по их использованию. В статье раскрываются особенности применения технико-криминалистических средств процессуально уполномоченными должностными лицами органов предварительного следствия и дознания при производстве допроса подозреваемых (обвиняемых), в отношении которых избрана мера пресечения в виде заключения под стражу. По результатам проведенных исследований правоприменительной практики и научной литературы авторами раскрываются процессуальные и тактические основания и порядок применения технических средств при производстве допроса на отдельных его этапах, предлагаются решения проблем, связанных с применением технико-криминалистических средств, даются рекомендации по порядку применения отдельных технических средств. Выделяются наиболее целесообразные тактические приемы допроса при применении технических средств фиксации. Авторами предложены изменения в уголовно-процессуальное законодательство по совершенствованию законодательных норм в области применения технических средств при производстве следственных действий. Сформулированные в статье выводы могут быть использованы в правоприменительной практике следователями (дознавателями) при производстве допроса в следственном изоляторе, а также при преподавании отдельных дисциплин: «Уголовный процесс», «Криминалистика», а также специальных курсов (по выбору) уголовно-правового профиля. The purpose of the article was to consider the problematic aspects of the tactical and forensic use of technical means during the interrogation, to offer evidence-based recommendations for their use. The article reveals the features of the use of technical and forensic means by the procedurally authorized officials of the preliminary investigation and inquiry bodies during the interrogation of suspects (accused), in respect of which a preventive measure in the form of detention has been chosen. According to the results of the research of law enforcement practice and scientific literature, the authors reveal the procedural and tactical grounds and the procedure for the use of technical means during the interrogation at its individual stages, offers solutions to problems associated with the use of technical and forensic means, gives some recommendations on the order of application of individual technical means. The most appropriate tactics of interrogation, the use of technical facilities of fixation. The authors propose changes to the criminal procedure legislation to improve the legislative norms in the field of application of technical means in the investigative actions realization. The conclusions formulated in the article can be used in law enforcement practice by investigators (inquirers) during the interrogation in the pretrial detention center, as well as in the teaching of certain disciplines: «Criminal procedure», «Criminalistics», as well as special courses (optional) of criminal law profile.

scholarly journals Counteraction to Miscarriage of Justice in Ukraine

2019 ◽  
Vol 2 (3) ◽  
pp. 96-105
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Proceeding ◽  
Specific Regulation ◽  
Miscarriage Of Justice

Investigation of crimes against justice in Ukraine is among topical problems of miscarriage of justice. Hundreds of criminal cases are recorded as a crime in the Official Register in Ukraine but only a few have been brought to the court. In this article we try to approach this problem in three ways: from the point of view of criminal law, criminal procedure and criminalistic measures of counteraction to miscarriage of justice. Such an approach helps to demonstrate problems of investigator, prosecutor and judge at different stages of criminal proceeding. Special attention is paid to specific regulation of the issues of criminal proceedings against a certain category of persons, including judges. Mistakes of representatives of law enforcement bodies become visible as a result of analyzing of real criminal cases. Such an analysis is aimed to disclose the problem of counteraction to miscarriage of justice in Ukraine.

VIDEOCONFERENCE USING IN DURING OF INVESTIGATIVE ACTIONS INVOLVING PERSONS DETAINED IN PENAL INSTITUTIONS

2020 ◽  
pp. 18-21
Author(s):  
Сергей Владиславович Владимиров
Keyword(s):  
Video Conferencing ◽  
Preliminary Investigation ◽  
Video Recording ◽  
Criminal Procedure ◽  
Point Of View ◽  
Correctional Institution ◽  
Criminal Proceedings ◽  
Detention Center ◽  
Detention Facility ◽  
Penal Institutions

Статья посвящена изучению норм уголовно-процессуального законодательства России, регламентирующих использование систем видеоконференц-связи. Рассмотрено развитие норм уголовно-процессуального кодекса Российской Федерации, регламентирующих использование систем видеоконференц-связи судами различных уровней. Проанализирован законопроект с предложениями по использованию систем видеоконференц-связи при производстве следственных и иных процессуальных действий. Предприняты попытки обоснования необходимости дальнейшего расширения сферы применения систем видеоконференц-связи в уголовном процессе, а именно их использования на досудебных стадиях. С криминалистической точки зрения обоснованы необходимость и удобство производства ряда следственных действий с применением систем видеоконференц-связи с участием осужденного, подозреваемого или обвиняемого, содержащегося в исправительном учреждении или следственном изоляторе, которые сводятся к облегчению работы как следователя, так и ряда сотрудников отделов и служб пенитенциарного учреждения: отдела охраны, безопасности, оперативного отдела и др.; снижению затрат на конвоирование подозреваемых, обвиняемых, осужденных к месту производства предварительного следствия и обратно; обеспечению безопасности лиц, участвующих в следственных действиях; отсутствию отвлечения работников исправительного учреждения или следственного изолятора от исполнения своих основных обязанностей; получению видеозаписи следственного действия как дополнительного средства фиксации. The article is devoted to the study of the norms of the criminal procedure legislation of Russia regulating the use of video conferencing systems. The development of the norms of the criminal procedure code of the Russian Federation regulating the use of video conferencing systems by courts of different levels is considered. The draft law with proposals on the use of videoconferencing systems in the production of investigative and other procedural actions was analyzed. Attempts are made to justify the need for further expansion of the scope of video conferencing systems in criminal proceedings, namely their use at the pre-trial stages. From forensic point of view, the necessity and convenience of production of some investigative actions using the system of video conferencing with the participation of the convicted person, the suspect or the accused in the correctional institution or detention facility reduced to facilitate the work of the investigator and a number of staff departments and services of the penitentiary institution: Department of safety, security, operational Department, etc.; lower costs for the escorting of suspects, accused persons, convicted to the place of manufacture of preliminary investigation and back; to ensure the safety of persons participating in investigative actions; absence of distraction of employees of a correctional institution or a pre-trial detention center from the performance of their main duties; obtaining a video recording of the investigative action as an additional means of fixation.

scholarly journals Corpus Delicti and the Subject of Proof: to the Discussion of the Relationship Between the Concepts

2021 ◽  
Vol 15 (4) ◽  
pp. 495-501
Author(s):  
Svetlana Kornakova ◽  
Ekaterina Zavgorodnevа
Keyword(s):  
Criminal Law ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Subject ◽  
The Russian Federation ◽  
Key Features ◽  
The Relationship ◽  
Logical Criterion

The authors analyze the opinions of scholars about the correlations between the categories «corpus delicti» and «subject of proof». The main object of their criticism is the idea, supported by some scholars, that the elements of corpus delicti equal the circumstances to be proven that are included in the key fact. The authors use the logical criterion to demonstrate that this claim is unsubstantiated. The circumstances stated in Clauses 1 and 2, Part 1, Art. 73 of the Criminal Procedure Code of the Russian Federation characterize the key features of corpus delicti only conditionally. In this connection, the key fact is the aggregate of factual circumstances that constitutes the basis of corpus delicti. In the logical aspect, the qualification of a crime is a syllogistic inference, according to which, if the essential features of the action under investigation coincide with the features of the concept of a specific crime as described in criminal law, then this crime becomes the concept of this action. According to the authors, from this standpoint it is possible to discuss not the equivalence of circumstances to be proven and corpus delicti, but only the equivalence of their essential features as determined by criminal law. They point out the specific character of criminal law and process terminology that also does not make it possible to equate the categories «corpus delicti» and «subject of proof». The significance of the existence of a formulated subject of proof in criminal procedure law and its interconnection with corpus delicti is demonstrated. It is concluded that proof in a criminal case is based on certain knowledge, which performs a methodological function. In this connection, the subject of proof, in the gnoseological sense, is a program of criminal procedure activities determined by the lawmaker. The norms of criminal law determined the parameters of criminal procedure proving, so the subject of proof is based on the criminal law characteristic of the action but does not equal it. The circumstances of the case, determined in the process of proving, are correlated with the norms of criminal law with the purpose of possible criminal law qualification of the action. Corpus delicti, determined in the criminal law, and the subject of proof, formulated in the criminal procedure law, ensure strict certainly and specification of the process of proving carried out by the preliminary investigation bodies and the court.

scholarly journals Contemporary reform of the criminal proceedings in the Republic of Serbia: Legal history view

2016 ◽  
pp. 19-36
Author(s):  
Zoran Cvorovic
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Plea Bargaining ◽  
Active Role ◽  
Point Of View ◽  
Anglo Saxon ◽  
Criminal Proceedings ◽  
Weak State ◽  
Dominant Type ◽  
Adversarial System

This article aims to review some solutions in the Criminal Procedure Code (CPC) from 2011, which represents breaking with former Serbian and Yugoslav tradition in criminal proceedings. These are, primarily, novelties related to opportunism in prosecution, plea bargaining and presentation of evidence by parties that all devalue principles of material truth determination in proceedings. This work establishes connection between the aforementioned solutions of Serbian legislator and the development of continental European criminal proceeding over centuries. Comparative historical legal analysis of these norms in the Serbian CPC begins with the key turning point in the development of the continental European criminal proceedings - suppression of the adversarial system by the inquisitorial proceedings in the XVI and XVII centuries. As this change has been closely related to the transition of, up to then, dominant type of states (feudal mosaic states to absolute monarchies), these modern changes in criminal proceedings are analyzed not only from the point of view of criminal procedure evolution, but also from the point of view of the evolution of states. In England, country of origin of Anglo-Saxon civilization, the old adversarial system was not transformed into inquisitorial, contrary to the development of the continental criminal proceedings. This transformation was prevented by Puritan revolution, similarly as it prevented the transformation of English state into absolute monarchy. Continental and Anglo-Saxon criminal proceedings have developed as two completely separate systems since then. This article further elaborates some of the key criminal law traditions in continental criminal proceedings and substantive criminal law which resulted from the introduction of the inquisitorial proceedings: development of complicity and guilt as institutes, final suppression of self-representation, incrimination of false testimony and perjury. These are directly related to the active role assigned to court in inquisitorial proceedings, and to court?s obligation to determine material truth. Changes in the role of court also result from the change of states; while weak feudal states were satisfied with passive courts, powerful absolute monarchies demanded courts with active role in all phases of proceedings. Modern Americanization of some European proceeding regulations, as it is the case in Serbia, brings discontinuation in legal proceeding tradition of these states, but also, necessarily, influences regression into domination of adversarial proceedings character?ized by passive court. In continental tradition it also consequently indicates a weak state.

Reforms of the German Criminal Code -Stock-taking and Perspectives - also from a Constitutional Point of View

2003 ◽  
Vol 4 (5) ◽  
pp. 421-431 ◽  
Author(s):  
Christoph Krehl
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Point Of View ◽  
Present Contribution ◽  
Positive Law ◽  
The Future ◽  
Major Reform ◽  
History Of ◽  
New Challenges

Once a major reform has been concluded, one might easily be tempted to be just glad about what has been achieved and to think that nothing more needs to be done. However, experience in Germany as regards the amendment of criminal law and law of criminal procedure has shown that “after the reform” has, at the same time, always meant “before the reform.” The history of German criminal law is the history of a never-ending reform. The reform has not only consisted in making individual corrections to the existing positive law; time and again, developments in society have posed new challenges to criminal law, which, in the course of time, have resulted in profound changes in its structure. This means that even after a reform has been concluded, there must be willingness to further shape criminal law or, as the case may be, to protect it from changes that might be brought about by new influences. German criminal law, with its more than 130 years of history, and with its almost 180 more or less profound amendments of the law, bears eloquent witness to the profound changes that criminal law can experience, in spite of individual extensive reforms, admittedly in a time of historical upheavals. The present contribution provides an outline of the history of German criminal law through the present time and tries, on the basis of this outline, to develop a forecast of the influence to which criminal law will be exposed in the future.

scholarly journals Investigation of the Purpose, Goals and Objectives of the Criminal Procedure by means of Systemic Approach

2021 ◽  
Vol 16 (4) ◽  
pp. 142-151
Author(s):  
V. I. Ivanov
Keyword(s):  
Criminal Law ◽  
Mutual Influence ◽  
Preliminary Investigation ◽  
Hierarchical Structures ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Procedural Law ◽  
Goals And Objectives

The purpose of the paper is to conduct a systemic study of the internal structure and functions of criminal procedural activity based on patterns of formation of tree-like hierarchical structures, to determine the goals and objectives of criminal proceedings at different levels of the system hierarchy. Within the framework of the study, the criminal procedure is considered as a system with complex inter-element relationships and its own mutual influence on its structural elements. Based on the distinction between the categories "purpose", "goal", "result", the author concludes that the purpose of the criminal process is to resolve the materials on the merits in the production of the preliminary investigation bodies and the court in accordance with the requirements of criminal procedural law providing for criminal law application. The study establishes the possibility of achieving the goal of the criminal procedure at any stage in the case of the simultaneous fulfillment of two conditions: the identification of objective criminal procedural grounds for the completion of the criminal process using the criminal law and ensuring the implementation of the principles of criminal proceedings. Through the goals and principles of criminal procedural activity, the author defines the objectives and main functions of criminal proceedings, identifies the general goal and objectives of the bodies of inquiry, preliminary investigation and the court. The author concludes that the establishment of objective criminal procedural grounds for the resolution of materials in production with the application of criminal law is ensured because of preliminary verification of the materials, preliminary investigation or the implementation of the functions of the judiciary by solving the tasks facing the bodies of inquiry, investigation and court. The paper establishes the real purpose and goals of criminal prosecution, defense, judicial and departmental control, prosecutorial and judicial supervision.

scholarly journals The Relationship Between the Right to Security and the Right to Freedom in Islam and the Study of Formal Rules for Relinquishing these Rights in Iran

2021 ◽  
Vol 39 (71) ◽  
pp. 767-788
Author(s):  
Seyed Mehdi Mansouri ◽  
Mohammad Reza Rahmat
Keyword(s):  
Criminal Law ◽  
Analytical Method ◽  
Criminal Procedure ◽  
Point Of View ◽  
Iranian Revolution ◽  
Personal Security ◽  
Different Types ◽  
The Right ◽  
The Relationship ◽  
Formal Rules

This article raises fundamental conceptual questions about the relationship between the right to security and freedom, from the point of view of Islam. Also, in criminal law in Iran, the relationship between freedom and security is examined in all formal laws adopted after the Iranian Revolution. This study was conducted with a descriptive-analytical method using sources and documentary texts with the aim of explaining the relationship between the right to security and freedom in Islam and, at the same time, analyzing the formal rules of renunciation of these rights in formal laws and regulations. It is concluded that in Islam three types of minima, intermediate and maximum relations between security and freedom are conceivable. These three proportions, in addition to fulfilling the existence of security and freedom; introduce different types of relations between the two rights referred to according to the conditions that can be implemented. Likewise, when examining the formal norms, it can be recognized that the Code of Criminal Procedure, approved on 23.02.2014, has eliminated all the defects and ambiguities of the previous law in the field of the right of persons to liberty and personal security.

scholarly journals Security Measures In Ukraine’ Criminal And Criminal Procedure Law

2019 ◽  
pp. 195-205
Author(s):  
V.V. Shpiliarevych
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Point Of View ◽  
Security Measures ◽  
Criminal Proceedings ◽  
External Threats ◽  
Procedural Law ◽  
Special Part ◽  
Criminal Procedure Law

The article is dedicated to the study of security measures in criminal and criminal procedural law of Ukraine. Determined by the influence of integration and globalization processes, there is a tendency of convergence of various branches of law, including criminal and criminal procedural law. Therefore, the implementation of a modern effective policy in the field of crime prevention in Ukraine requires an improvement of existing preventive measures and development of new ones, both at the international and national levels. That is why, criminal and criminal procedure measures, namely security measures, play an important role in ensuring the protection of a person's interests against internal and external threats. In particular, criminal-law security measures should be understood as a variety of measures of criminal nature, provided by the Criminal Code of Ukraine, which appliedn to a person, which is in «dangerous state», on behalf of the state on by reasonable court decision, in order to prevent the re-committing of a socially dangerous act, which predicted by the Special Part of the Criminal Code of Ukraine. From a criminal procedural point of view, security measures (measures to ensure the safety of participants in criminal proceedings) - is the implementation of legal, organizational, technical and other measures aimed to protect life, health, housing, property, honor and dignity of a person against unlawful attacks, in order to create the necessary conditions for the proper administration of justice. As a conclusion, the author states that the security measures existing in the criminal law of Ukraine differ from the security measures of criminal procedural character, by its nature, system, subjects to which such measures are applied, the purposes and aims of its application.

Consecințele penale ale vânzării bunului altuia în dreptul român

2020 ◽  
Vol 2019 ◽  
pp. 94-98
Author(s):  
Andra-Roxana TRANDAFIR ◽  
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Criminal Procedure ◽  
Law And Literature ◽  
Point Of View

The sale of another person property mainly concerns the civil law and literature. However, there are some criminal offences built on the basis of such operation, made without the owner’s consent. The study analyses, in the first part, the criminal offences which are concerned and the potential justifying causes. We will thus study the breach of trust, fraudulent management, embezzlements, fraud and, from a certain point of view, theft. The main justifying causes which could be claimed are the performance of a right and state of necessity. Since the sale of another person’s property does not concern only the criminal law, the second part of the study will be dedicated to the consequences within criminal procedure, showing the place of the initial owner and that of the person who bought the asset.

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