scholarly journals The Status of Criminal Cases and Administrative Punishment of Medical Accidents Related to Anesthesia and Surgery

2021 ◽  
Vol 41 (7) ◽  
pp. 663-668
Author(s):  
Atsuko KIUCHI ◽  
Kazumasa EHARA ◽  
Mitsuaki TODA
Keyword(s):  
Criminal Cases ◽  
The Status ◽  
Administrative Punishment

Status of Crime Victims in Bangladesh

2021 ◽  
pp. 251660692110572
Author(s):  
Mohammad Omar Faruk ◽  
Sanjeev P. Sahni ◽  
Gerd Ferdinand Kirchhoff
Keyword(s):  
Crime Victims ◽  
Legal Rights ◽  
Public Confidence ◽  
Criminal Cases ◽  
Colonial Legacy ◽  
Legal Provisions ◽  
The Status ◽  
The Face ◽  
Research Findings ◽  
Women And Children

Though a few provisions for the victim of crimes were indirectly recognized since the nineteenth century, from 2000 onwards, legal entitlements for crime victims are realized in Bangladesh with a specific focus on women and children. So far, few analyses are found to be performed mainly by the legal experts, emphasizing legal rights and remedies with recommendations for legal reform. However, studies on the status of victims’ rights seem to be incomplete without considering administrative as well as social reality—dominated by colonial legacy and traditional practices—beyond the written clauses in the law books. This study is one of the pioneering attempts in Bangladesh to understand the status of crime victims against the backdrop of recent legal changes and to examine the argument whether the legal provisions itself are enough in providing victims with intended benefits without simultaneous social and administrative changes. Within the theoretical framework of balancing victim’s rights and informal social control (victim blaming), this qualitative study (through content analysis) reviewed all criminal laws and research findings related to victim’s rights within a socio-legal approach in terms of victim’s access, participation, protection, services and compensation. Along with the rights legally granted to victims, available research findings were interpreted in connection to those particular rights. It is found that there are unsupportive social milieu, administrative subculture and political practices, where victims of crime are strongly restrained from enjoying their rights. Particularly, the status of crime victims is found to be undermined in the face of corruption, low public confidence on enforcing agencies, gross withdrawal or discharge of criminal cases on political grounds, limited geographical coverage of victim support services and shelter homes, lengthy process for compensation and unavailability of rules or guidelines to enforce the rights.

scholarly journals Features of a medical worker as a subject of corruption crimes

2021 ◽  
pp. 117-122
Author(s):  
Natal’ya Sanina ◽  
Antonina Chuprova
Keyword(s):  
Law Enforcement ◽  
Ethical Standards ◽  
Controversial Issues ◽  
Medical Worker ◽  
Criminal Cases ◽  
Legal Assessment ◽  
The Status ◽  
The Subject

The subject of the study is the controversial issues of determining the status of a medical worker in the legal assessment of corruption violations in healthcare. Based on the analysis of criminal cases, an emphasis was placed on the ratio of professional and official functions in the activities of medical workers. The article draws conclusions about the expediency of adjusting certain positions in law enforcement practice in the legal assessment of violations of legislation and ethical standards by medical workers in the course of their work.

scholarly journals Illegal circulation of digital currencies: features of criminal investigation

2021 ◽  
Vol 10 (45) ◽  
pp. 252-264
Author(s):  
Lydiya Voskobitova ◽  
Tatyana Vilkova ◽  
Sergey Nasonov ◽  
Maxim Khokhryakov ◽  
Yuri Reshetnikov
Keyword(s):  
Law Enforcement ◽  
Digital Technology ◽  
Legal Regulation ◽  
Present Stage ◽  
Criminal Cases ◽  
Digital Currency ◽  
Analysis And Synthesis ◽  
The Status ◽  
Special Knowledge ◽  
Illicit Trafficking

The purpose of the study is to analyze the international and national legal regulation of the digital currencies circulation at the present stage, to assess the state of crime with the illegal use of these assets, to identify the features of the investigating such crimes and to substantiate proposals aimed at improving legislation and law enforcement practice. The following methods were used in the research: normative and comparative legal – in the analysis of legislation and practice of seizure and confiscation of digital currencies in different states, to identify the strengths and weaknesses of national approaches, to assess the possibility of their unification and harmonization; phenomenological – in considering the criminal trafficking in digital currency as a phenomenon that requires special methods of detection and investigation; general logical methods of analysis and synthesis, induction and deduction, methods of empirical research and analysis. It was shown that with the rapid growth of crime involving cryptocurrencies, the legislation of various states is at the stage of formation of legal regulation of the fight against its illicit trafficking: only some countries have established the status of digital currency as property, provided for the specifics of seizure, storage and sale of digital currency in criminal cases. The need to recognize digital currencies as property has been substantiated. It is shown that the seizure and confiscation of cryptocurrencies should be carried out only by court decision. The lack of special knowledge in the field of digital technology among the investigator, prosecutor and the court requires the mandatory involvement of a specialist in the proceedings on cases of crimes committed with the use of digital currency.

scholarly journals Determination of the Procedural Status of a Person Who Was Inclined to Use Narcotic Drugs

2020 ◽  
Vol 17 (3) ◽  
pp. 394-401
Author(s):  
Aleksei Suslikov
Keyword(s):  
Criminal Code ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Psychotropic Substances ◽  
Judicial Practice ◽  
The Status ◽  
The Moment ◽  
Narcotic Drugs

In the process of criminal proceedings, the determination of the procedural status of a person participating in a criminal case is the most important stage of the investigation. It depends on who the person will be recognized, what rights and obligations it will have, how actively it will be able to participate in the criminal case. The paper examines issues related to the determination of the procedural status of a person inclined to use drugs, draws conclusions about the need to recognize the inclined victim in the framework of the investigation of criminal cases under Art. 230 of the Criminal Code of the Russian Federation “Induction to the consumption of narcotic drugs, psychotropic substances or their analogues.” The article analyzes the arguments in defense of the provision on recognizing as victims those who are inclined to use drugs, and also provides arguments explaining what kind of damage is caused by the perpetrator to people who have used drugs and who have refused their use. The presently existing judicial practice on determining the procedural status of persons inclined to use drugs is presented. The paper explains the reasons why investigators and prosecutors do not want to involve persons inclined to use drugs to participate in criminal proceedings on the side of the prosecution. Using the example of a judicial act that has entered into legal force, it is explained how the status of a victim in a criminal case can affect the sentence passed. The situation with cannabis is considered in order to understand the harm arising from one-time use of narcotic drugs. Attention is focused on the attitude of society towards narcotic drugs made from hemp, and on the example of works in the field of medicine, the author describes the damage caused to a person when hemp-based drugs are consumed. At the same time, it explains why drugs inflict both physical and moral harm on a person. Conclusions are formulated about the need for the incited person to participate in a criminal case in the status of a victim from the moment the investigator makes a decision to initiate a criminal case.

ACCOUNTING OF INFORMATION ON CRIMINAL CASES INITIATED AGAINST PERSONS HELD IN PENAL INSTITUTIONS: CURRENT STATE AND PROSPECTS

2021 ◽  
pp. 22-25
Author(s):  
Надежда Викторовна Грязева ◽  
Валерий Викторович Кубанов
Keyword(s):  
Criminal Activity ◽  
Penal System ◽  
Electronic Database ◽  
Criminal Cases ◽  
Effective Prevention ◽  
Current State ◽  
Penal Institutions ◽  
The Status ◽  
Entire Complex ◽  
The Russian Federation

В статье анализируются вопросы совершенствования сбора, учета, поиска и представления информации об уголовных делах, возбужденных в отношении лиц, содержащихся в учреждениях уголовно-исполнительной системы. Исследована структура электронной базы данных «Преступления, совершенные подозреваемыми, обвиняемыми, осужденными, содержащимися в учреждениях уголовно-исполнительной системы Российской Федерации», введенной в эксплуатацию в 2020 г. Для сравнения приводятся характеристики электронной базы данных, действующей с 2008 по 2020 г. В ходе анализа ведомственного нормативного акта, регулирующего рассматриваемую сферу деятельности, выявлены пробелы в отображении информации, имеющей значение для эффективного предупреждения пенитенциарных преступлений, и сформулированы соответствующие предложения по их устранению. Изучение материалов уголовных дел о преступлениях, совершаемых лицами в период нахождения в учреждениях, обеспечивающих изоляцию от общества, в статусе подозреваемого, обвиняемого, осужденного, позволило заключить, что последние при совершении таких преступлений, как побеги и мошенничества с использованием средств сотовой связи, применяют личный опыт преступной деятельности. Сделан вывод о том, что современные автоматизированные информационные системы, используемые в пенитенциарных учреждениях, не должны ограничиваться узкой задачей учета информации об уголовных делах, возбужденных в отношении лиц, содержащихся в учреждениях уголовно-исполнительной системы. Исследуемая электронная база данных дает широкие возможности для избирательного поиска и последующего анализ всего комплекса сведений, связанных с пенитенциарной преступностью. The article analyzes the issues of improving the collection, accounting, search and presentation of information about criminal cases initiated against persons held in penal institutions. The structure of the electronic database is investigated: «Crimes committed by suspects, accused, convicted persons held in institutions of the penal system of the Russian Federation», commissioned in 2020. For comparison, the characteristics of an electronic database operating from 2008 to 2020 are given. During the analysis of the departmental normative act regulating the sphere of activity under consideration, gaps in the display of information relevant for the effective prevention of penitentiary crimes were identified and appropriate proposals for their elimination were formulated. The study of the materials of criminal cases on crimes committed by persons during their stay in institutions providing isolation from society in the status of a suspect, accused, convicted allowed us to conclude that the latter, when committing crimes such as escapes and fraud using cellular communications, use personal experience of criminal activity. It is concluded that modern automated information systems used in penitentiary institutions should not be limited to the narrow task of recording information about criminal cases initiated against persons held in institutions of the penal system. The electronic database under study provides ample opportunities for selective search and subsequent analysis of the entire complex of information related to penitentiary crime.

scholarly journals Initiation of Criminal Proceedings against a Particular Person as the Ground for Recognizing him as a Suspect (para 1, part 1, art. 46 of the Criminal Procedure Code of the Russian Federation)

Lex Russica ◽  
2021 ◽  
pp. 71-78
Author(s):  
I. V. Smolkova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Statistical Data ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Status ◽  
Legitimate Interests ◽  
The Russian Federation

The paper is devoted to the analysis of a new ground for recognition of a person as a suspect, introduced under the Code of Criminal Procedure of the Russian Federation, namely, the initiation of a criminal case against the person. The ground under consideration has caused controversial debates among criminal process scholars. The author has carried out a retrospective analysis of the legislative regulation of this ground for giving a person the status of the suspect. The paper evaluates various doctrinal approaches to its merits and disadvantages. The author also demonstartes the need for the new ground for recognition of a person as the suspect in law enforcement on the basis of statistical data, according to which more than half of criminal cases in Russia are initiated against a particular person. The study at question reveals an interconnection between initiation of proceedings upon commission of a crime and a particular person. The conclusion is substantiated that the recognition of a person as a suspect in case of initiation of criminal proceedings against him is aimed at ensuring his right to protection from criminal prosecution. However, the issuance of the order to initiate criminal proceedings against a particular person entails the possibility of implementation of coercive criminal procedural measures against him. It is shown that suspicion forms the substantive basis of recognition of a person as the suspect. The author criticises the approach according to which the issuance of the order to initiate criminal proceedings against a particular person forms an allegation that he has committed an act prohibited under the criminal law. Under this approach the assumption is made that can later be either proven or refuted in the course of further investigation. The author criticises the practice of dividing criminal cases into a judicial perspective and lacking such a perspective, which entails violations of the rights and legitimate interests of individuals suspected in committing crimes.

scholarly journals Unification of Conflict-of-Laws Rules in the Field of Adoption

2018 ◽  
pp. 62-70
Author(s):  
E. S. Yakushova
Keyword(s):  
International Adoption ◽  
Legal Regulation ◽  
Adoptive Parents ◽  
Legal Assistance ◽  
International Treaties ◽  
Criminal Cases ◽  
Adopted Child ◽  
Conflict Of Laws ◽  
The Status ◽  
Foreign Adoption

The article examines the institution of international adoption within the framework of both domestic legislation and international legal regulation. The mechanism of conflict rules unification in the field of foreign adoption facilitates protection of the rights and interests of an adopted child to the greatest extent. The author refers to the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 22 January 1993. The Minsk Convention stipulates that adoption and and its revocation are regulated under the laws of the adopter's citizenship. It also dwells on conditions supplementing this provision. The author analyzes the importance of concluding bilateral international treaties with respect of adoption and elucidates the content of international treaties. Thus, the Adoption Agreement between Russia and Italy focused on choosing adoptive parents. An obligatory condition for parents is registration of the adopted child in a consular office of the country of origin. The child obtains dual citizenship and can exercise the same rights and means of protection as other children who have the status of a citizen in the territory of the receiving state. The prohibition to adopt children from Russia is imposed only in relation to the US citizens, it does not affect international cooperation between Russia and other foreign states. The author believes that inclusion of conflict-of-laws rules into mutual legal assistance treaties concerning the issues of international adoption is unconditional. It is considered to be important for the cooperation between states in this area, as well as an excellent basis for further conclusion of bilateral treaties that will govern only foreign adoption.

scholarly journals Cryptocurrency operations: topical issues of theory and practice of criminal law application

2019 ◽  
pp. 128-139 ◽  
Author(s):  
M. M. Dolgieva
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Theory And Practice ◽  
Distributed Network ◽  
Criminal Cases ◽  
World Demand ◽  
The Status ◽  
The Russian Federation ◽  
Fundamental Law ◽  
Definition Of

The paper considers the opinions of domestic and foreign authors on the concept of cryptocurrency, the principles of its operation and the need to establish its legal status. The author’s definition of cryptocurrency is formulated and the thesis that cryptocurrency can be classified as «other property» is justified. The author analyzes the most common court decisions in criminal cases. Based on a study of foreign experience in the fight against illegal circulation of cryptocurrency, it was found that initially, before the emergence of mass demand for cryptocurrency all over the world, demand for them was observed in the criminal environment to pay for the supply of narcotic drugs and weapons, to finance terrorism and legalize (launder) income obtained in a criminal manner, in connection with which many people subsequently mistakenly assumed that transactions with cryptocurrencies are anonymous. Meanwhile, the cryptocurrency is far from being anonymous: each transaction carried out in a distributed network is permanently recorded in a public blockchain, which helps to solve crimes in this area. The adoption in the Russian Federation of a fundamental law containing the necessary terms and concepts regarding cryptocurrency activities and regulating the status of cryptocurrency in Russia will further develop measures for the criminal law protection of objects of encroachment that are currently not regulated in any way.

scholarly journals A gyermek jogainak érvényesülése a magyar polgári eljárásban

2020 ◽  
Vol 3 (1) ◽  
pp. 85-110
Author(s):  
Katalin Visontai-Szabó
Keyword(s):  
New York ◽  
Criminal Cases ◽  
Judicial Process ◽  
Rights Of The Child ◽  
Adverse Experiences ◽  
Past Half Century ◽  
The Status ◽  
Child Friendly ◽  
New York Convention ◽  
Procedural Rights

The status of children, and their role have both undergone significant changesall over the world in the past half century. The rights and vulnerabilities of the child are now the subject of increased attention in all fields, including in the framework of the judicial process. Today, the notion of child-friendly justice is not unknown in Hungary although it is yet to be decided if the proper term is child-friendly or child-centred. The means of ensuring that the rights of the child are respected are common to all procedures; however, the traumas and adverse experiences they may have found themselves subjected to are widely diverse in civil cases (usually the establishment of parental supervision), criminal cases (usually crimes where the victim is a child), and in procedures specific to the tutelage authority; so, the question deserves examination in view of such specificities. The adoption of the New York Convention was a significant milestone in the domain of the rights of the child; however, laying down the theoretical foundations was only relatively slowly followed by a dynamic of development in practice, and that took place with a wide degree of variability in different fields. In Europe — as in Hungary —, the participation of the child during the procedure meant the same as a hearing when the child is addressed questions. Today we know that Laura Lundy was right when in several of her studies she drew attention to the fact that true participation is more than simply asking the child questions. In my research, I set myself the task to create a type of catalogue for the procedural rights of the child and to answer the question: what more can we do that has not yet been done in order to avoid transforming participation in a procedure into a burden, or even worse, a trauma for the child, but instead making it the reflection of a plenitude of rights, a defining but not uncomfortable experience?

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