scholarly journals Izmeklētāja un prokurora darbības kontrole un uzraudzība pirmstiesas procesa laikā

2021 ◽  
pp. 540-549
Author(s):  
Ārija Meikališa ◽  
Keyword(s):  
Legal Framework ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Collaboration Model ◽  
And Control

The article deals with one of the means to ensure the effectiveness of criminal proceedings – the supervision and control of the activities of the investigator and the prosecutor. It deals with the legal framework in Latvia and the problems identified in practice. It is recognised that the existing legal framework is considered to be incomplete. Proposals have been made for the necessary amendments to the legal norms of criminal proceedings in Latvia. The focus is on eliminating the dualism of the oversight of the inverstigator’s and the prosecutor’s activities and on introducing a clear collaboration model between investigator and prosecutor.

THE PROBLEMS OF OBTAINING AND PROCESSING DNA SAMPLES IN CRIMINAL PROCEEDINGS

2016 ◽  
Vol 1 (74) ◽  
pp. 38
Author(s):  
Aldis Lieljuksis
Keyword(s):  
Criminal Procedure ◽  
Legal Framework ◽  
Constitutional Court ◽  
Data Sampling ◽  
Criminal Proceedings ◽  
Biometric Data ◽  
Legal Norms ◽  
Dna Database ◽  
Dna Sampling

The article deals with the issue raised in the society regarding constitutional complaint a submitted to the Constitutional Court against the national DNA database and the compliance of the legal norms with Section 96 of the Satversme. The author of the article writes about the issues related to the legal framework of DNA and biometric data sampling from suspects in the context of the EP Resolution No. 2008/615 / JHA, the requirements of the ECHR and the Estonian Criminal procedure regulation. In conclusion, the author is of the opinion that the current DNA sampling legislation does not provide many options for process facilitator and DNA samples must be obtained from all suspected persons to whom such status is applied regardless of the qualification of the offence and the need for criminal proceedings.

Konstytucyjne zasady postępowania karnego na tle orzecznictwa Polskiego Trybunału Konstytucyjnego

2017 ◽  
pp. 67-86
Author(s):  
Arkadiusz Krajewski
Keyword(s):  
Civil Rights ◽  
Social Factor ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Constitutional Tribunal ◽  
The Republic ◽  
Humanitarian Principle ◽  
The Right ◽  
Social Importance

The Constitutional Tribunal is defined as the Polish constitutional court and at the same time the judicial authority. It was created at the turn of 1982. Not long after that it began its jurisprudence; more precisely it was in 1986. Describing its basic tasks, it is pointed out that judicial review of so-called constitutional law deserves a closer look. This is particularly true about controlling the compliance of lower legal norms with higher legal norms. Here attention is drawn towards the connection of the Constitution with some international agreements, ie. the court of law. The purpose of the paper below was to analyze the constitutional principles of criminal proceedings in the context of the case law of the Polish Constitutional Court. At the beginning the concept, the division and the role of the constitutional rules of criminal procedure were presented. In this section, it was emphasized that all the rules of the criminal process are considered superior norms of a very significant social importance. Then the principle of objectivity, which is reflected in the Constitution of the Republic, was described. A following aspect was the discussion of the principle of the presumption of innocence and the principle of in dubio pro reo. It has been emphasized that the essence of the principle is that the person who was brought before the court is treated as innocent until a lawful judgment is pronounced against the defendant. The author also pointed out the principle of the right to defense. According to this rule, the defendant has the right to defend themselves in the process and to use the help of a defender. Another described principle is so-called rule of publicity. It concerns the fact that information about criminal proceedings should be accessible to the public. Then it was pointed to the principle of the right to the trial and the independence of the judiciary. The first one is reflected in national law and acts of international rank. The second shows that the independence of the judiciary is determined by the proper exercise of the profession of judge and becomes a guarantee of freedom and civil rights. The humanitarian principle and the principle of participation of the social factor in the penal process are shown in the final section. At the end of the paper a summary and conclusions were presented.

scholarly journals Environmental Impact Assessment in Areas beyond National Jurisdiction

2012 ◽  
Vol 27 (2) ◽  
pp. 449-480 ◽  
Author(s):  
Alex G. Oude Elferink
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Present Report ◽  
Legal Framework ◽  
International Debate ◽  
National Jurisdiction ◽  
Specific Activities ◽  
Negative Impacts ◽  
And Control

Abstract Environmental impact assessment (EIA) has become widely accepted as an indispensable instrument to manage and control negative impacts of human activities on the environment. The present report analyzes the general legal framework for EIA in maritime areas beyond national jurisdiction (ABNJ) and also considers the regime for assessments in respect of specific activities in ABNJ. The report concludes that these existing frameworks will have to be taken into account if it were to be decided to develop a global instrument on EIA for all activities in ABNJ. The report provides a number of suggestions to move the current international debate on EIA in ABNJ forward.

scholarly journals Opening a Path towards Sustainable Corporate Behaviour: Public Participation in Criminal Environmental Proceedings

2021 ◽  
Vol 13 (14) ◽  
pp. 7886
Author(s):  
Pavel Kotlán ◽  
Alena Kozlová ◽  
Zuzana Machová
Keyword(s):  
Public Participation ◽  
Criminal Liability ◽  
Active Role ◽  
Legal Framework ◽  
The European Union ◽  
Criminal Proceedings ◽  
Human Rights Protection ◽  
The Public ◽  
Governmental Organizations ◽  
Non Governmental Organizations

Establishing criminal liability for environmental offences remains daunting, particularly with regard to the ‘no plaintiff—no judge’ element as a result of which the public seems to be ultimately deprived of the possibility to participate in criminal environmental proceedings. While there is arguably a lack of specific instruments at the European Union (EU) level which would prescribe such legal obligation on the part of the State, there has been a shift in understanding the role of the public and its participation in criminal liability cases, namely under the auspices of the so-called effective investigation and the concept of rights of victims in general. Using the example of the Czech Republic as a point of reference, this article aims to assess the relevant legal developments at both EU and Czech levels to illustrate why the non-governmental organizations (NGOs), essentially acting as public agents, should be granted an active role in environmental criminal proceedings. After examining the applicable legal framework and case law development, the article concludes that effective investigation indeed stands as a valid legal basis for human rights protection which incorporates an entitlement to public participation. Despite that, this pro-active shift is far from being applied in practice, implying that the legislation remains silent where it should be the loudest, and causing unsustainable behaviour of companies.

Psychosoziale Prozessbegleitung im Strafverfahren

2021 ◽  
Author(s):  
Alexander Ilsner
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
Civil Procedure ◽  
Legal Institution ◽  
Criminal Proceedings ◽  
Legal Innovation ◽  
The Law

The legal status of victims of violent criminality has been in the spotlight during recent decades. The institutionalization of psychosocial assistance in criminal proceedings represents the temporary peak of this development. In this study, the author focuses on the legal innovation, analyzes it fundamentally (especially regarding the recently formulated § 406g StPO), and submits specific reform proposals correspondingly. This research includes four systematically structured chapters, which impart the essential features of the legal institution, elucidate the legal framework, and finally appoint considerations regarding its transfer into the law of civil procedure.

DEFINITIONS OF CATEGORIES PURPOSE AND TASKS OF CRIMINAL PROCEEDINGS IN THE MODERN CRIMINAL PROCESS

2018 ◽  
Author(s):  
Svitlana Patiuк ◽  
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Modern Theory ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Norms ◽  
State Changes ◽  
The Individual ◽  
Goals And Objectives ◽  
Functional Purpose

"Definitions of categories, the goal and objectives of criminal proceedings in modern criminal proceedings" analysed the legal norms and provisions of doctrinal concepts to determine the goals and objectives of criminal proceedings. The author formulated conclusions and generalizations that since criminal proceedings are a sphere of state activity, it depends on the direction of the political course of the state, changes in state policy, which always leads to a change in the ideology of the criminal process as a whole, including the transformation of goals and objectives criminal proceedings. The purpose and objectives of criminal proceedings depend on the historical form of the criminal process, a common feature of which is the ratio of freedom (interests) of the individual and the state, expressed in the procedural position of the main participants in the process. Criminal procedure legislation and doctrine define the resolution of a dispute (conflict) between the state and the accused arising as a result of the commission of a crime as the goal of the criminal process in most countries in which the adversarial nature of criminal proceedings prevails. As the goal of criminal proceedings in the modern theory of criminal procedure, it is proposed to consider the protection of the individual, society and the state from criminal offences in the settlement of criminal-legal conflicts arising as a result of these offences. The goal in the criminal process determines the setting of tasks and represents the ultimate conclusion from the sum of all the tasks being implemented. The task of criminal proceedings should be determined taking into account the functional purpose of the subjects of criminal proceedings, and therefore the task is the fulfilment of his duty by a participant in criminal proceedings, which is determined by his functional purpose, based on the principle of competition of the parties.

Legal Practice in the Southern Leon and Castile of the 12th Century: a Borderline State

Istoriya ◽  
2021 ◽  
Vol 12 (9 (107)) ◽  
pp. 0
Author(s):  
Galina Popova
Keyword(s):  
Legal Framework ◽  
Practical Implementation ◽  
Legal Tradition ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Legal Traditions ◽  
12Th Century ◽  
History Of ◽  
Normative Basis ◽  
Judicial Proceedings

The article is devoted to the legal history of the lands of the Kingdom of Toledo in the first two hundred years after the Christian reconquest. The assimilation of the conquered lands by the new political power, preserving the border position, leads to the emergence of a special legal tradition, typical for other similar territories, which received the general name “extremadura” — “borderland”. The Fueros, created in the Kingdom of Toledo, from the very beginning, firmly linked the territorial and personal nature of the legal norms included in their texts. The formation of local legal traditions took place with the active participation of the local elite, which was reflected in the editing of Fuero texts. The inhabitants of Toledo were supposed to use the Visigothic "Liber iudiciorum" as a normative basis for legal proceedings, but at the same time maintained the legitimate possibility of resorting to norms of a different origin, the so-called “Fuero of Castilians”. The lack of a strict systematization in the legal framework of the proceedings was reflected in the organization of judicial officials in Toledo. The good preservation of the local act material allows us to consider in more detail the practical implementation of the legal norm in the process of judicial proceedings, recorded in Arabic in the protocol of the end of the 8th century.

Health Aspects of Disaster Preparedness and Response Panel Session 2: Seismic Risks including Tsunamis

2006 ◽  
Vol 21 (S3) ◽  
pp. s82-s86 ◽  
Author(s):  
Keyword(s):  
Disaster Preparedness ◽  
Health Workers ◽  
Early Warning Systems ◽  
Legal Framework ◽  
Disaster Medicine ◽  
Warning Systems ◽  
Panel Session ◽  
The Many ◽  
Disaster Preparedness And Response ◽  
And Control

AbstractThis Panel Session consisted of five country reports (India, Indonesia, Maldives, Thailand, andNepal) and the common issues identified during the Panel discussions relative to seismic events in the Southeast Asia Region. Important issues identified included the needs for: (1) a legal framework upon which to base preparedness and response; (2) coordination between the many organizations involved; (3) early warning systems within and between countries; (4) command and control; (5) access to resources including logistics; (6) strengthening the health infrastructure; (7) professionalizing the field of disaster medicine and management; (8) management of communications and information; (9) management of dead bodies; and (10) mental health of the survivors and health workers.

scholarly journals Features of production of separate investigative actions with participation of categories of persons concerning which the special procedure of production on criminal cases is applied

2020 ◽  
pp. 211-216
Author(s):  
Roman Pozdyshev
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Special Procedure

The article analyzes the problems associated with the production of investigative actions against special subjects of criminal proceedings. Legal norms, as well as law enforcement acts regulating the studied social relations are considered.

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