scholarly journals One view on the position of crime victim in criminal procedure for organized crime

Temida ◽  
2004 ◽  
Vol 7 (1) ◽  
pp. 17-29
Author(s):  
Milan Skulic

In this paper the position of victim in criminal procedure for organized crime is analyzed. Through recent changes of our criminal procedure law, the special type of procedure is created in relation to organized crime, with inclusion of large number of specific criminal procedure norms. These new solutions contribute to the protection of victims/witnesses, although there are still more space for the improvement. Legislative body still needs to overcome deeply embedded attitude that the witnesses and victims are the exclusive source of evidence, or, in other words, that the witness testimony is only way to find out evidence information. The victim has to be treated at the first place as a person to whom specific position in criminal procedure, with special regard on the protection of her basic rights, should be guaranteed.

2020 ◽  
Vol 3 (2) ◽  
pp. 267-288
Author(s):  
Erdianto Effendi

In Indonesian criminal procedure law, there is no requirement for an investigator to first conduct an examination of a potential suspect until the determination as a suspect. The determination of a suspect is deemed sufficiently reasonable if it is based on examination of evidence, ranging from witness testimony, expert testimony, document and other evidence. After the Decision of the Constitutional Court Number 21/PUU-XII/2014, there were differences in interpretation and debate regarding the examination of the potential suspect, because this examination was mentioned in the consideration of the decision as a necessity but not part of the verdict. In this article, it is revealed that the designation of a person as a suspect is part of forced efforts and is almost equivalent to the designation of a person as a convicted person due to the similarities in the various restrictions and deprivation of rights that can be applied as a result of the two determinations, for example in detention. The shift in the meaning of the determination of a suspect as part of this forced effort encourages that citizens’ rights be protected not only when a person is a suspect, but also before becoming a suspect. Thus, the rights inherent in a suspects also needs to be given to those who will be designated as suspects, also called as potential suspects. Abstrak Dalam hukum acara pidana Indonesia, tidak ada keharusan bagi penyidik untuk terlebih dahulu melakukan pemeriksaan calon tersangka sehingga sampai pada penetapannya sebagai tersangka. Penetapan tersangka dipandang telah cukup beralasan apabila didasarkan pada pemeriksaan alat bukti, mulai dari keterangan saksi, keterangan ahli, surat, dan bukti lainnya. Pasca Putusan Mahkamah Konstitusi Nomor 21/PUU-XII/2014, terjadi perbedaan penafsiran dan perdebatan tentang pemeriksaan calon tersangka ini, disebabkan pemeriksaan ini disebut dalam bagian pertimbangan putusan sebagai suatu keharusan namun tidak menjadi bagian amar putusan. Dalam artikel ini ditunjukkan, penetapan seseorang sebagai tersangka merupakan bagian dari upaya paksa dan bahkan hampir setara dengan penetapan seseorang sebagai terpidana, disebabkan kesamaan berbagai pembatasan dan perampasan hak yang dapat diterapkan akibat dari dua penetapan tersebut, misalnya dalam penahanan. Perubahan pemaknaan penetapan tersangka sebagai bagian dari upaya paksa ini mendorong agar hak-hak warga negara telah harus dilindungi tidak saja ketika seseorang sudah berstatus tersangka, tetapi juga pada saat sebelum menjadi tersangka. Dengan demikian, hak-hak yang melekat dalam diri tersangka juga perlu diberikan kepada mereka yang akan ditetapkan sebagai tersangka, atau disebut calon tersangka.


2021 ◽  
Vol 2 (1) ◽  
pp. 191-195
Author(s):  
NI MADE YULIA CHITTA DEWI ◽  
A.A. Sagung Laksmi Dewi ◽  
Luh Putu Suryani

Proving a rape crime against children shall have valid evidences. The proof aims to find the truth material in order to prove whether the perpetrator was guilty or not. Even though in  proving a  rape crime, the  judges considered that there is  only one valid testimony from the witness yet the other evidences are not support it, it is clear that it would be considered by the judges which could effected the judge’s decision. There are two issues that will be discussed in this thesis, firstly regarding the unus testis nulus testis principle in rape criminals of children and the proof of rape crime against children by using one witness (unus testis nullus testis). The methods of this research used are normative approach and conceptual approach. The witness’ testimony in the hearing process is the main evidence as the judge’s considerations. In the criminal procedure law, the evidentiary process is required by means of presenting witnesses and by the support of other evidence. Regarding of this rape crime against children, besides using testimony from the witness, it is necessary to support other evidence such as the results of visum et repertum which is useful to prove that a crime has occurred. When there only one valid testimony from the witness, it must be followed by other valid evidence to strengthen the witness’s statement. Therefore, if there is only have one supported witness’s testimony to prove a rape crime against children it could not prove the criminal was occur.    


2020 ◽  
Vol 26 (2) ◽  
pp. 141-144
Author(s):  
Atanas Brandev

AbstractUsed by undercover agents in detecting and documenting crimes committed by the so-called. ‘Organized crime groups’ is a relatively poorly used but extremely effective method. The latter is a combination of criminal procedure and special laws and regulations. The full use of undercover agents requires further enhancement of the legal safeguards for the protection of the employees in question, as well as a clear distinction between acts performed by the employees in question, whether or not in connection with their undercover activities, with or without the implementation of different composition of crime. Attention should be paid to the mechanisms for the selection and joint training of the latter, including through the exchange of experience of EU partner services.


Author(s):  
Mariia Sirotkina ◽  

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".


Sign in / Sign up

Export Citation Format

Share Document