scholarly journals Toward establishing basic rights of victims in Japan

Temida ◽  
2008 ◽  
Vol 11 (1) ◽  
pp. 61-72
Author(s):  
Hidemichi Morosawa
Keyword(s):  
Crime Victims ◽  
Great Success ◽  
Crime Victim ◽  
Community Based ◽  
Criminal Trials ◽  
Victim Assistance ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Victim Protection ◽  
Prevention Law

The author talks about improving victim rights in Japan and his important role in it. A period of Victims? Renaissance in Japan began in the 1990s when the Japanese Association of Victimology and Mito Victim Assistance Cener, first non-governmental community-based integrated victim support center in Japan were established. Since May 1999 to May 2004, four laws such as ?Crime Victim Protection Law?, ?Child Abuse Prevention Law?, ?Law for Proscribing Stalking Behavior? and so on were enacted and six laws were reformed. The word ?rights of victim?, did not appear in any laws. After 2000, the National Association of Crime Victims and Surviving Families (NAVS) played an important role. This Association achieved a great success in securing victims a position as the subject of rights. In June 2007, Japan changed the Criminal Procedure Law. This new law will be effective on six months after the day of promulgation. Japanese Government will promulgate it till the end of 2007. Under this new law, crime victims will be allowed to take part in criminal trials, and also make statements during trials.

scholarly journals The Subject of Wrongs: Crime, Populism, and Venezuela’s Punitive Turn

2019 ◽  
Vol 34 (2) ◽  
pp. 272-298 ◽  
Author(s):  
Robert Samet
Keyword(s):  
Abrupt Change ◽  
Body Politic ◽  
Crime Victims ◽  
The Body ◽  
Double Bind ◽  
Crime Victim ◽  
Grassroots Support ◽  
The Subject ◽  
Hugo Chavez ◽  
The One

This article draws on research in Venezuela to make a broader argument about the link between populism and injury. Specifically, it considers the role that crime victimhood plays in the rise of punitive populism or the so-called punitive turn. Under President Hugo Chávez, the Venezuelan government publicly denounced tough-on-crime policies as instruments of socioeconomic oppression. Following Chávez’s death, there was an abrupt change of course due, in part, to the opposition’s mobilization of crime victims. The Venezuelan case illustrates a double bind that confronts scholars who are critical of the punitive turn. On the one hand, the figure of the crime victim mediates the body politic in a way that reproduces structures of racial and economic domination. On the other hand, the failure to substantively address the material injuries of crime victims propels grassroots support for punitive populism. Instead of focusing on the subject of rights, this article proposes starting with the subject of wrongs as a bottom-up approach to political subjectivity that can help us understand the dynamic behind punitive populism and show us a way out of the double bind. Abstracto Este artículo se basa en trabajo de campo en Venezuela y persigue establecer un argumento general sobre el vínculo entre el populismo y el daño. Específicamente, el artículo considera el papel que las víctimas del crimen desempeñan en el auge del populismo punitivo o el giro punitivo. Durante el gobierno de Hugo Chávez se denunciaba la política de mano dura como un instrumento de opresión socioeconómica. Tras la muerte de Chávez, hubo un cambio abrupto en esta práctica debido, en parte, a la movilización de las víctimas del crimen. El caso venezolano constituye un dilema para los académicos que critican el giro punitivo. Por un lado, la figura de la víctima participa en el cuerpo político de una manera que reproduce estructuras de dominación racial y económica. Por otro lado, la incapacidad para responder efectivamente a los reales daños del crimen aumenta el apoyo popular a la política de mano dura. En vez de enfocarse en el tema de los derechos, este artículo propone enfocarse en el tema de los males (o daños) como una manera de abordar la subjetividad política que podría, por un lado ayudarnos a entender la dinámica detrás del populismo punitivo, y por el otro encontrar una solución al dilema que este plantea.

Towards Coherent European Crime Victims Policies and Practices

2019 ◽  
Vol 25 (2) ◽  
pp. 122-127
Author(s):  
Dobrinka Chankova ◽  
Gergana Georgieva
Keyword(s):  
Domestic Violence ◽  
Crime Victims ◽  
Political Factors ◽  
Victims Of Crime ◽  
Victim Protection ◽  
National Governments ◽  
Protection Order ◽  
Practical Recommendations ◽  
Policies And Practices

Abstract This study explores the latest developments on the European scale of the policies and practices towards victims of crime. Due to many economic and political factors a lot of people are in movement and exposed to the risk of becoming victims of crime. During the last decade the statistics already records enhanced victimization of the global European society. These have provoked numerous legislative actions and practical initiatives in order to ensure safety, to prevent falling victims to crime and to protect better victim’s rights and needs. The European Protection Order Directive, Victims’ Directive and Convention against domestic violence, are among the most advanced legal acts worldwide. However, it is observed that their implementation in Europe is asymmetric and sometimes problematic. This paper explores the role of the national governments and specialized agencies and mainly the deficits in their activities leading to the non-usage of victims of all the existing opportunities. The newest supra-national acts aiming at the acceleration of transposition and ratification of these important for the building of victim-friendly environment documents, are discussed. Practical recommendations for a more effective victim protection are developed.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

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".

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
Keyword(s):  
Organized Crime ◽  
Criminal Procedure ◽  
Crime Victim ◽  
Witness Testimony ◽  
Special Regard ◽  
Legislative Body ◽  
Basic Rights ◽  
Criminal Procedure Law ◽  
Specific Position

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.

scholarly journals Investigations using digital technology

2020 ◽  
Vol 217 ◽  
pp. 06015
Author(s):  
N.G. Shuruhnov ◽  
I.V. Voevodina ◽  
S.V. Stroilov ◽  
E.A. Maslennikova
Keyword(s):  
Law Enforcement ◽  
Digital Technology ◽  
Case Law ◽  
Evidence Base ◽  
Successful Completion ◽  
Important Goal ◽  
Law Enforcement Agencies ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Court Proceedings

Despite the fact that activities of authorized persons in during urgent investigative actions are episodic, the absence of responsibility for successful completion of investigation is unacceptable. In this case, law enforcement agencies are fulfilling a single socially important goal, and this should be realized by the relevant officials. Regarding the dynamics of accumulation of information during the investigation of a crime, it should be noted that during urgent investigative actions, an initial array of evidentiary information is formed, which is the result of transformation of initial background knowledge of relevant official regarding what happened under the influence of information obtained by investigative and operational means. The Criminal Procedure Law contains requirements both for the mechanical accumulation of a certain amount of evidence highlighting certain circumstances included in the subject of proof, and for their compliance with strictly established requirements. We are talking about the reliability, sufficiency, relevance and admissibility of evidence, which actually determine the possibility of ultimately using this information in deciding whether a person is guilty or innocent of committing a crime. The required amount of evidence that meets the requirements of reliability and sufficiency ensures the reliability of the evidence base in a criminal case. The evidence obtained should be assessed in the aggregate on the basis of the inner conviction of the person carrying out urgent investigative actions. Their use in the production of further investigation, in the course of court proceedings, depends on how procedurally correct evidence will be collected by the bodies of inquiry during the production of urgent investigative actions.

scholarly journals ACTUAL QUESTIONS ABOUT INVESTIGATOR'S WORK IN LATVIAN CRIMINAL PROCEDURE

2017 ◽  
Vol 3 (80) ◽  
pp. 39
Author(s):  
Marina Sumbarova
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Educational Process ◽  
Criminal Trial ◽  
Criminal Trials ◽  
Criminal Procedure Law

In this article author considers the questions connected with activity of the investigator at investigation of crimes, gives the characteristic of his procedural activity, defines his legal status in Latvian criminal procedure, characterizes important functions that this participant of criminal trial has. Along with consideration of a legal status of the investigator in criminal trial of Latvia, the analysis of the relevant procedural characteristics connected with investigation of criminal trials has determined the scientifically based directions in modern educational process of Latvia by training of specialists lawyers and, in particular, investigators. As a results of a research are given offers to change separate standards of the Criminal procedure law.

scholarly journals Prohibition of interrogation of notaries as witnesses in criminal proceedings

1970 ◽  
pp. 345-349
Author(s):  
Ulyana Polyak
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Literature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
The Law ◽  
Notary Public ◽  
Made In

The current criminal procedure law of Ukraine stipulates that a witness is obliged to give a true testimony during pre-trial investigation and trial, however, the legislator made an exception for this by specifying the categories of persons who have been granted immunity from immunity, ie they are released by law. testify. The article deals with the problems of law and practice regarding the prohibition of the interrogation of a notary as a witness in criminal proceedings and the release of him from the obligation to keep the notarial secret by the person who entrusted him with the information which is the subject of this secret. The notion of notarial secrecy is proposed to be changed, since the subject of this secrecy is not only information that became known to the notary public from the interested person, but also those information that the notary received from other sources in the performance of their professional duties, as well as the procedural activity of the notary himself, is aimed at achieving a certain legal result. The proposal made in the legal literature to supplement the CPC of Ukraine with the provisions that a notary is subject to interrogation as a witness on information that constitutes a notarial secret, if the notarial acts were declared illegal in accordance with the procedure established by law The proposal to increase the list of persons who are not subject to interrogation as witnesses about the information constituting a notarial secret is substantiated, this clause is proposed to be supplemented by provisions that, apart from the notary, are not notarized, other notarials, notaries as well as the persons mentioned in Part 3 of Art. 8 of the Law of Ukraine "On Notary". Amendments to the current CPC of Ukraine by the amendments proposed in this publication will significantly improve the law prohibiting the interrogation of a notary as a witness in criminal proceedings, as well as improve certain theoretical provisions of the institute of witness immunity in criminal proceedings.

scholarly journals Ideological Phantoms of Civilisation and Culture: Identity and Tolerance

2019 ◽  
pp. 1-13
Author(s):  
Natalia Yu. Beregovaya ◽  
Olga A. Karlova
Keyword(s):  
Community Based ◽  
Culture Studies ◽  
Historical Method ◽  
Philosophical Aspect ◽  
New Type ◽  
The Subject ◽  
The Difference ◽  
Ideological Manipulation ◽  
Global World ◽  
Modelling Methods

The article considers the philosophical aspect of defining the immanence and attribution of the concept of “tolerance” to the culture itself. The subject of the research is especially relevant due to the modern processes that are happening in the global world, and the difference in key methodological positions of modern Russian and Western science on this issue today. The purpose of this study is to clarify the philosophical basis of the existing opposition of societies with traditional ethical cultures (Russia, China) and the ‘new-type’ poly-state European ethnic community. Based on the analysis of current social processes in Russia and Europe using the comparative historical method, modelling methods and model extrapolation in the field of culture studies, social psychology and political science, the article identifies the main approaches to ethnic and social identity, their cultural and ideological components. The authors prove the hypothesis that culture requires designation of its border with another culture, recognition of this border, which distinguishes and confirms cultural semantics. Denial of this fact is a method of ideological manipulation of the ethno-social consciousness of society in the framework of globalisation processes

STAGES OF FORMATION OF THE WORLD VICTIMOLOGICAL THOUGHT

2021 ◽  
Vol 2 (2) ◽  
pp. 19-28
Author(s):  
Oleksandr Dzhuzha ◽  
◽  
Dmytro Tychyna ◽  
Valeriy Syuravchik ◽  
◽  
...  
Keyword(s):  
Practical Importance ◽  
Crime Victims ◽  
Complex Nature ◽  
Prevention Measures ◽  
Legal Origin ◽  
Historical Aspect ◽  
Conceptual Apparatus ◽  
The World ◽  
The Status ◽  
The Subject

The relevance of the article is due to the need to clarify the historical aspect, the genesis of victimology, as well as the content of its conceptual apparatus, the formulation of hypotheses and the improvement of its scientific tools. The concept of victimization is a reflection of essential means and relationships, phenomena and processes that are directly related to crime. The problematic aspects of the relatively complex nature of the conceptual apparatus of victimology have been identified, as a result of which a large number of concepts of non-legal origin in criminology are fraught with the danger of destroying the mechanism of legal assessments and conclusions on crime, its causes, the identity of the offender and the victim, and prevention measures. Elucidation of the historical aspect, genesis of victimology, as well as the content of its conceptual apparatus, is a dynamic process of reconciling hypotheses and positions, thoughts and views of criminologists, victimologists, lawyers, sociologists and psychologists, the results of which form the doctrinal basis of victimology. The stated positions are an attempt to somewhat streamline the diversity of scientific approaches to the content of individual elements of the subject of victimology, which, in turn, forms the motivation for further discussion of representatives of domestic and foreign criminological schools. Justification of the genesis and content of the conceptual apparatus of victimology, its individual theoretical provisions is an integral part of the development of the concept of combating crime and has not only scientific, but also important practical importance. Consequently, the tasks of victimology include the study of not only those who was the victim, but also those who have never acquired the status of a direct victim of the crime. The purpose of such studies are to identify a complex of certain properties capable of imported in criminal manifestations, which allows to carry out the victimological forecast for both individual and mass levels. The study of crime victims is necessary to solve many problems, especially related to the organization of their physical protection.

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