scholarly journals COMMUNICATION BARRIERS IN JURY TRIALS AND ORGANIZATIONAL AND LEGAL WAYS TO OVERCOME THEM

2020 ◽  
Vol 24 (4) ◽  
pp. 1169-1186
Author(s):  
Nikita V. Bushtets
Keyword(s):  
The State ◽  
Psychological Characteristics ◽  
Public Prosecutor ◽  
District Courts ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Research ◽  
The Public ◽  
Defense Lawyer ◽  
Jury Trials

The use of the Institute of jurors in Russia has been expanded since June 1, 2018. Today, courts with the participation of jurors consider criminal cases in regional courts and equivalent ones, as well as in district courts. At the same time, legislative innovations also affected the number of citizens who are members of the jury. These changes dictate the need for a scientific understanding of what happened, including the development of proposals aimed at optimizing the work of courts, representatives of the state prosecution and defense with a jury. In this regard, the purpose of the study is to improve the organization of criminal proceedings carried out by a court with the participation of jurors, taking into account the psychological characteristics of the judge, the public Prosecutor, the defense lawyer and the jury. In the course of the work, the author considers the results of psychological and legal research, which in one way or another affects the communicative features of participants in criminal proceedings. The paper makes the following main conclusions: a) to establish in the normative legal acts of the Judicial Department the main requirements for the list of property and technical means that provide comfortable conditions for jurors during the trial; b) to conduct systematic work with the staff of judges and employees of the court interacting with jurors in accordance with the recommendations given in the article; c) provide judges and employees of the court with methodological guidance concerning communication with a jury on work issues.

scholarly journals О РАСШИРЕНИИ КОМПЕТЕНЦИИ ПРОКУРОРА ПО УГОЛОВНЫМ ПРАВОНАРУШЕНИЯМ ЭКСТРЕМИСТСКОЙ И ТЕРРОРИСТИЧЕСКОЙ НАПРАВЛЕННОСТИ

2021 ◽  
pp. 133-137
Author(s):  
Talgat Khanov ◽  
Nazerke Tusupova
Keyword(s):  
Public Interest ◽  
The State ◽  
Ministry Of Education ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Public ◽  
Science Committee ◽  
Criminal Offenses ◽  
The Republic

The article analyzes the proposals made by Kazakhstani process specialists on the use of the institute of special proceedings in the investigation of criminal cases of terrorism and extremism. The article analyzes the possibility of restricting certain rights and freedoms of interested participants in criminal proceedings. The article examines the need to strengthen the public interest of the state in the pre-trial investigation of offenses related to extremism and terrorism. The authors support the suggestions made and formulate their own vision for the voiced problem. It is proposed to expand the competence of the prosecutor by providing him / her with alternative or generic jurisdiction at the legislative level, making it mandatory to conduct pre-trial investigations of criminal offenses of extremist and terrorist orientation, According to the authors, this approach will help instill investigative skills in prosecutors and increase the effectiveness of the fight against extremism and terrorism. The article was prepared as part of the implementation of the grant financing agreement by the Science Committee of the Ministry of Education and Science of the Republic of Kazakhstan (IRN of the AP08856905 project). В статье анализируются внесенные казахстанскими процессуалистами предложения по использованию института особых производств применительно к расследованию уголовных дел о терроризме и экстремизме. Рассматривается возможность ограничения отдельных прав и свобод заинтересованных участников уголовного процесса. Исследуется необходимость усиления публичного интереса государства при досудебном расследовании правонарушений, связанных с экстремизмом и терроризмом. Авторы поддерживают вносимые предложения и формулируют свое видение на озвученную проблему. Предлагается расширить компетенцию прокурора, на законодательном уровне закрепив за ним альтернативную или родовую подследственность, вменив в обязанность производство досудебного расследования уголовных правонарушений экстремистской и террористической направленности. По мнению авторов, данный подход будет способствовать привитию у прокурорских работников навыков следственной работы, повышению эффективности борьбы с экстремизмом и терроризмом, реальному обеспечению прав и законных интересов участников уголовного судопроизводства. Статья подготовлена в рамках выполнения договора на грантовое финансирование Комитетом науки Министерства образования и науки Республики Казахстан (ИРН проекта AP08856905). Мақалада терроризм және экстремизм бойынша қылмыстық істерді тергеуге қатысты арнайы іс жүргізу институтын қолдану бойынша қазақстандық процессуалистер жасаған ұсыныстар талданады. Қылмыстық процеске мүдделі қатысушылардың кейбір құқықтары мен бостандықтарын шектеу мүмкіндігі қарастырылуда. Мақалада экстремизм мен терроризмге қатысты құқық бұзушылықтарды сотқа дейінгі тергеп-тексеруде мемлекеттің қоғамдық мүддесін күшейту қажеттілігі қарастырылған. Авторлар ұсынылған ұсыныстарды қолдайды және айтылған мәселеге өз көзқарасын тұжырымдайды. Прокурордың құзыретін заңнамалық деңгейде кеңейту, ол үшін баламалы немесе жалпы юрисдикцияны қамтамасыз ету, оны экстремистік және террористік сипаттағы қылмыстық құқық бұзушылықтарды сотқа дейінгі тергеп-тексеру үшін жауапты ету ұсынылады. Авторлардың пікірінше, бұл тәсіл прокурорлардың жедел-іздестіру жұмысының дағдыларын қалыптастыруға, экстремизм мен терроризмге қарсы күрестің тиімділігін арттыруға, қылмыстық процеске қатысушылардың құқықтары мен заңды мүдделерін тиімді қамтамасыз етуге мүмкіндік береді. Мақала Қазақстан Республикасы Білім және ғылым министрлігі Ғылым комитетінің гранттық қаржыландыру келісімшарты (IRN жобасы AP08856905) аясында дайындалған.

scholarly journals Corporate Prosecution in Criminal Acts of Corruption: Opportunity and Challenge

2019 ◽  
pp. 105-115
Author(s):  
Andi Muhammad Sofyan
Keyword(s):  
Corporate Crime ◽  
National Development ◽  
The State ◽  
Public Prosecutor ◽  
Research Approach ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Subject ◽  
The Public ◽  
The Supreme Court

The corporation as an entity or legal subject whose existence contributes greatly in promoting economic growth and national development. However in reality, it is often for corporations to commit various criminal acts (corporate crime) that have a detrimental impact on the state and people. This research is normative legal research. Legal research which places the law as a normative system. The research approach uses a statutory approach and a conceptual approach. The results showed that the enactment of the Supreme Court Regulation No. 13 Year 2016 was to clarify the guidelines for the Public Prosecutor in prosecuting corporate defendants in corruption criminal acts. The application of sanctions against corporations as perpetrators of corruption is carried out as an effort to recover the losses of the State and the restoration of the state’s economy is an appropriate step considering the essence of criminal punishment in eradicating criminal acts of corruption aimed at recovering state losses or the state’s economy.

scholarly journals Re-Evaluasi Vonis Hakim Pengadilan Negeri Makassar Pada Perkara Tindak Pidana Korupsi

2019 ◽  
Vol 8 (1) ◽  
pp. 76
Author(s):  
Muhammad Rinaldy Bima
Keyword(s):  
Significant Influence ◽  
Research Method ◽  
Negative Impact ◽  
The State ◽  
Deterrent Effect ◽  
District Court ◽  
Public Prosecutor ◽  
Legal Research ◽  
The Public

Corruption is a special crime that has a negative impact on the survival of the nation and the state. corruption can occur everywhere / all levels. From this description, this study aims to analyze the verdicts of the Makassar District Court judges in cases of corruption. The problems that arise in this study are: What is the judge's verdict against the occurrence of criminal acts of corruption. The method used in this study is a normative legal research method by analyzing data descriptively-quantitatively. The results showed, first, the verdict was a very significant influence on the rampant cases of criminal acts of corruption, corruption cases increased from year to year. secondly, the judge's verdict in the case of corruption is strongly influenced by the demands of the prosecutor. Prosecutors 'demands and judges' verdicts are very low, so they do not provide a deterrent effect for perpetrators of corruption. This illustrates that the judge has not fully applied the punishment to the perpetrators of corruption in order to give a deterrent effect, because there are still many judicial verdicts that are lower than the demands of the public prosecutor. Korupsi merupakan tindak pidana khusus yang berdampak buruk bagi kelangsungan hidup berbangsa dan bernegara. korupsi dapat terjadi dimana-mana/semua level. Dari uraian tersebut penelitian ini bertujuan untuk menganalisis tentang vonis hakim Pengadilan Negeri Makassar pada perkara tindak pidana korupsi. Permasalahan yang timbul dalam penelitian ini adalah: Bagaimanakah vonis hakim terhadap terjadinya tindak pidana korupsi. Adapun metode yang digunakan  dalam penelitian ini adalah metode peneltian hukum normatif dengan menganalisis data secara deskriptif-kuantitatif. Hasil penelitian menunjukkan, pertama, vonis hakim sangat berpengaruh signifikan terhadap maraknya kasus tindak pidana  korupsi, kasus tindak pidana korupsi semakin meningkat dari tahun ke tahun. kedua, vonis hakim pada perkara tindak pidana korupsi, sangat dipengaruhi oleh tuntutan jaksa. Tuntutan jaksa dan vonis hakim sangat rendah, sehingga tidak memberikan efek jera bagi pelaku tindak pidana korupsi. Hal ini menggambarkan bahwa hakim belum sepenuhnya dalam menerapkan penghukuman kepada pelaku tindak pidana korupsi untuk memberi efek jera, karena masih banyak terdapatnya vonis hakim yang lebih rendah dari tuntutan jaksa penuntut umum.

scholarly journals Burden of Proof Reversal in Criminal Acts of Money Laundering

2019 ◽  
pp. 98-104
Author(s):  
Muhammad Khusnul Fauzi Zainal ◽  
Syukri Akub ◽  
Andi Muhammad Sofyan
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Burden Of Proof ◽  
Public Prosecutor ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Community Law ◽  
Legal Structure ◽  
Criminal Offenses

This study aims to analyze the burden of proof reversal system in handling cases of money laundering. This type of research is normative juridical legal research. The results of this study indicate that in the reversal system of the burden of proof of criminal acts of money laundering, each party has a burden of proof, the public prosecutor is burdened to prove that these assets are the property of the defendant and has a relationship with the original criminal act charged, while the defendant burdened to prove the origin of the assets claimed and if the defendant is unable to prove the origin of the assets, the assets can be strongly suspected to originate from criminal offenses. There are still obstacles in law enforcement both from the substance of the law (norms), legal structure (law enforcement agencies) and the culture of law (the culture of community law).

Silence with caution: The right to silence in police investigations in Belgium

2021 ◽  
pp. 203228442110283
Author(s):  
Ashlee Beazley ◽  
Fien Gilleir ◽  
Michele Panzavolta ◽  
Joëlle Rozie ◽  
Miet Vanderhallen
Keyword(s):  
Case Law ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
The Public ◽  
Digital Devices ◽  
Police Investigations ◽  
Right To Silence ◽  
Right To Information ◽  
Definition Of ◽  
The Right

This article is about the right to remain silent within Belgium. Although the right has always been considered applicable, both the courts and parliament have historically demonstrated a disinclination to define or engage with this. The right to silence is now formally recognised in the Belgian Code of Criminal Procedure, albeit with the classic distinction between those who are not (yet) accused of a crime and those who are formal suspects: while all enjoy the right not to incriminate themselves, only formal suspects in Belgium enjoy the explicit right to remain silent. Accordingly, whilst no one may be obliged to assist with their own conviction or be forced to co-operate with the authorities, it remains unclear how far the right not to cooperate effectively stretches. The case law seems to be moving, albeit slowly, in the direction of confining this right within narrower borders, particularly by excluding its applicability with regard to the unlocking and decryption of digital devices. This is not, however, the only idiosyncrasy concerning the right to silence in Belgium. Among those also addressed in this article are: the lack of caution on the right to remain silent given to arrested persons immediately following their deprivation of liberty (an absence striking for its apparent breach of Directive 2012/13/EU on the right to information in criminal proceedings); the possible inducement to breach the right to silence via the discretionary powers of the public prosecutor to offer a reduction or mitigation in sentence; the obscurity surrounding the definition of ‘interrogation’ and the consequences of this on both the caution and the obtaining of statements; and the extent to which judges can draw adverse inferences from the right to silence. The question remains: is the right to silence currently protected enough?

POWERS OF THE PRESIDING JUDGE IN A JURY TRIAL IN THE CONTEXT OF ADVERSARIAL PRINCIPLES OF RUSSIAN CRIMINAL PROCEDURE

2021 ◽  
pp. 64-76
Author(s):  
Tatyana K. Ryabinina ◽  
◽  
Daria O. Chistilina ◽  
Keyword(s):  
Citizen Participation ◽  
Criminal Procedure ◽  
The State ◽  
Jury Trial ◽  
Criminal Proceedings ◽  
Strict Adherence ◽  
Jury Trials ◽  
Definition Of ◽  
The Individual

The main objective is to examine the powers of the presiding judge in jury trials in the context of adversarial principles of criminal proceedings. Particular attention will be paid by the authors to different approaches to the notion of adversariality and the definition of the role of a professional judge in such courts, as well as the degree of his activity during the judicial investigation. The main methods used by the authors were dialectical and systematic method, analysis, synthesis, as well as special legal methods of knowledge. The outcome of the research will be a definition of the role of the presiding judge in a jury trial. Forms of criminal procedure that allow the individual to directly participate in the deci-sion-making process of the judiciary are responsible for ensuring citizen participation in the administration of justice in the state. Two such forms have been developed in the world practice so far: the classical jury trial model and the Scheffen model. Each of them provides certain (broad or narrow) powers of a professional judge, the scope of which determines the degree of independence of citizens and the ultimate prospects for the development of a system of popular democratic justice in an adversarial system of criminal proceedings. In today's Russia, the classical jury trial model, modeled after the English jury trial, does not provide for broad powers of the court. In addition, there is the adversarial principle in Russia, which is fostered by the existence of jury trials. However, strict adherence to its provisions may lead to a misunderstanding of the role of the presiding judge in such a court. The activity of a professional judge should be balanced in accordance with the needs of the criminal case under consideration. Thus, requesting additional evidence in the course of the trial in order to verify existing evidence should not be considered a violation of the adversarial principle. Thus, the development of the optimal model for jury trial functioning as well as the determination of the presiding judge's role in the context of adversarial principles of criminal proceedings is a socially-systemic task. It requires a comprehensive dogmatic, comparative-legal and political-legal approach in order to develop the jury trial model which is more con-sistent with the legal system of the state.

THE POSITION OF THE PUBLIC PROSECUTOR IN ADMINISTRATIVE PROCEEDINGS – LEGAL ANALYSIS

2021 ◽  
Vol 1 (XXI) ◽  
pp. 97-114
Author(s):  
Michał Sędziński
Keyword(s):  
Rule Of Law ◽  
Public Prosecutor ◽  
Special Role ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
The Rule Of Law ◽  
The Public ◽  
Administrative Procedure ◽  
Court Proceedings ◽  
Administrative Proceedings

The aim of this article is to comprehensively analyse the legal position of the public prosecutor in administrative proceedings and administrative court proceedings. This subject is interesting because the public prosecutor is usually associated with criminal proceedings and his capacity as the public accuser. However, the public prosecutor plays a special role in administrative proceedings, i.e. participates in them as an entity with the rights of a party, even though he has no legal interest in it. It is also worth noting that the powers of the public prosecutor are clearly more extensive than those of other entities with the rights of a party. This article is an attempt to determine the role of the public prosecutor in administrative proceedings and decide whether he is the accuser or rather the representative of the public interest. The position of the public prosecutor in proceedings before administrative courts is special as well. This issue needs to be discussed in detail, which was taken into account in the second part of the article. The position of the public prosecutor as the advocate of the rule of law is regulated by the Act on the Public Prosecutor’s Office. The analysis of these provisions in conjunction with Chapter 4 of the Code of Administrative Procedure leads to a conclusion that the public prosecutor who acts in administrative proceedings as an entity with the rights of a party has powers vested in him alone and watches over such proceedings, thereby fulfilling the duties of an advocate of the rule of law. To fully show the special position of the public prosecutor, it is necessary to enumerate his powers in administrative proceedings and compare them with the competences of “ordinary” entities with the rights of a party.

Settling Criminal Cases Without a Trial

1997 ◽  
Vol 31 (1-3) ◽  
pp. 223-244
Author(s):  
Bert Swart
Keyword(s):  
European Convention ◽  
Public Prosecutor ◽  
Political Rights ◽  
Criminal Cases ◽  
The Public ◽  
Criminal Sanctions ◽  
Criminal Charge ◽  
A Charge ◽  
Almost All

According to Article 13 of the International Covenant on Civil and Political Rights and Article 6 of the European Convention on Human Rights everyone is entitled to a fair and public hearing by an independent and impartial tribunal in the determination of any criminal charge against him. The essence of both provisions could be rephrased by saying that criminal sanctions may only be imposed on a person by an independent and impartial tribunal and only if that person has been able to defend himself against a charge during a hearing that satisfies all requirements of a fair trial.Realities, of course, are rather different. In almost all national systems of justice there is an increasing tendency to develop procedures that allow for imposing sanctions without the necessity of a criminal trial. Their main purpose is usually to relieve the system of a burden of cases with which it cannot really cope. Basically, there are two strategies to reduce the workload of courts and public prosecutors. The first is to invite the suspect to waive his right to trial in exchange for certain favours. This usually occurs in the form of an agreement between the public prosecutor and the suspect, while quite often the cooperation of the court that would have tried the case is also required. The second solution is to grant sanctioning powers to administrative bodies and to allow individual persons an appeal against their decisions to an independent and impartial tribunal.

PARTIAL WITHDRAWAL OF THE PRINCIPAL ACTION BY THE PROCESUTOR IN THE POLISH CRIMINAL PROCEEDINGS

2019 ◽  
Vol 1 (XIX) ◽  
pp. 173-183
Author(s):  
Jan Kil
Keyword(s):  
Current Model ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
The Public ◽  
The Subject

The subject of the article is the analysis of the admissibility of a partial withdrawal of a principalaction by the prosecutor in the current model of Polish criminal proceedings. The study defines the main procedural rules regarding the issue in question, namely the principle of accusatorial procedure and adversary trial system. In the study, the disposition of Article 14 § 2 of the Code of Criminal Procedure is being interpreted with the use of linguistic, teleological and functional directives of interpretation. The study also presents the arguments justifying the acceptance of the view of the admissibility of partial withdrawal of the complaint by the public prosecutor. The study presents the procedural implications of the aforementioned standpoint. In the study the possibility of partial withdrawal of the principal action on the basis of pending supplementary or private prosecution proceedings was also analyzed.

scholarly journals The Content of a Tactical Operation on Discovery and Investigation of Evidence by the Public Prosecutor in Criminal Proceedings

Lex Russica ◽  
2019 ◽  
pp. 86-98
Author(s):  
S. L. Kislenko
Keyword(s):  
Public Prosecutor ◽  
Information Component ◽  
Criminal Proceedings ◽  
Algorithmic Approach ◽  
The Public ◽  
Standard Structure ◽  
The Given

The paper deals with the issues of forensic support of activities on discovery and investigation of evidence by the public Prosecutor in court. The study of these issues is based on a situational approach to modeling the evidence of the Prosecutor in court. The typical situations faced by the public Prosecutor in the process of proving his position in court are identified. The information component of the Prosecutor’s evidentiary activity in court is shown. The process of choice and application of the given subject of the criminalistic recommendations directed to the increase of efficiency of its evidentiary activity is reflected. Based on the algorithmic approach the standard structure of tactical operation on discovery and investigation of evidence by the public Prosecutor in court is offered.

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