scholarly journals Comparative Study on the Pre-trial Detention with Reference to the New Hungarian Code on Criminal Procedure

2017 ◽  
Vol 17 (2) ◽  
pp. 169-178
Author(s):  
Robert Bartko ◽  
András Payrich
Keyword(s):  
Comparative Study ◽  
Special Reference ◽  
Comparative Method ◽  
Criminal Procedure ◽  
Criminal Investigation ◽  
Legal Traditions ◽  
Procedure Code ◽  
The Government

Summary The decision of legislating the new Criminal Procedure Code made by the Hungarian Government in 2015 was necessary with special reference to the new forms of criminality and criminal investigation. The conception of the new Code on Criminal Procedure (hereinafter: new Code) was accepted by the Government on 11 February in 2015. The directives of the conception were the followings: efficiency, rapidity, simplicity, up-to-dateness, coherency and expediency. Not only the European but also the international requirements and the Hungarian legal traditions were followed by the legislation. Two years after the mentioned decision the new Code was adopted on 13 June 2017, and it will come into force on 1 July 2018. It shall be underlined that many procedural rules will be modified or changed in the new Code. The aim of this study to highlight some changes and amendments in the field of the coercive actions with special reference to the pre-trial detention. The characteristic of the paper will be the analytical and comparative method, and it deals with not only the Act on Criminal Procedure in force (Act XIX of 1998, hereinafter: Act in force), but also the new Code (Act CX of 2017) as well.

Improvement of criminal-procedural legislation, regulating the activities of employees, establishments and bodies of the penal system

2019 ◽  
pp. 111-118
Author(s):  
Александр Борисович Диваев
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Criminal Procedure ◽  
Criminal Investigation ◽  
Penal System ◽  
House Arrest ◽  
Effective Implementation ◽  
Procedure Code ◽  
The Status ◽  
The Russian Federation

В представленной статье рассмотрен ряд вопросов совершенствования регламентации процессуальных полномочий органов и учреждений уголовно-исполнительной системы Российской Федерации. Высказаны предложения по модернизации ряда норм, устанавливающих статус органов и учреждений уголовно-исполнительной системы и их должностных лиц как органов дознания. Рассмотрен круг проблем, связанных с более четким процессуальным регулированием механизма исполнения меры пресечения в виде домашнего ареста. Даны предложения по внесению изменения в уголовно-процессуальное законодательство, которые должны содействовать более эффективной реализации полномочий по контролю за арестованными со стороны уголовно-исполнительных инспекций. Сформулировано предложение по устранению терминологической неточности, допущенной в ст. 397 Уголовно-процессуального кодекса Российской Федерации. The article deals with a number of issues of improving the regulation of procedural powers of bodies and institutions of the penal system of the Russian Federation. In particular the proposals for the modernization of a number of rules establishing the status of the bodies and institutions of penal system, and their officials, as criminal investigation bodies. In addition, the range of problems associated with a more precise procedural regulation of the mechanism of execution of preventive measures in the form of house arrest. In this regard, proposals were made to amend the criminal procedure legislation, which should contribute to a more effective implementation of the powers to control arrested persons by the penal inspections. In conclusion, a proposal to eliminate the terminological inaccuracy in article 397 of the Criminal procedure code of the Russian Federation is formulated.

scholarly journals La Fiscalía española ¿Debe ser una institución independiente?

2018 ◽  
pp. 157
Author(s):  
Juan Luis Gómez Colomer
Keyword(s):  
Criminal Procedure ◽  
Criminal Investigation ◽  
Public Prosecution ◽  
The Public ◽  
Adversarial System ◽  
Public Prosecution Service ◽  
The Government ◽  
Adversarial Model ◽  
Do So

El Ministerio Fiscal español tiene ante todo un problema de identidad orgánica. Se desea que sea independiente del Gobierno, pero las normas confirman una cierta dependencia. El Ministerio Fiscal debe ser dependiente del Gobierno si se consuma la reforma hacia un modelo adversarial de enjuiciamiento criminal, porque ésa es la naturaleza que mejor cuadra con dicho sistema, en donde el acusado sabe que enfrente tiene a la Administración, que, cumpliendo con su deber público, le exige con todo su poder responsabilidad por sus actos. Hasta que se produzca el cambio, es mejor dejar las cosas como están. El Ministerio Fiscal no debe instruir el proceso penal ni dirigir la investigación del crimen mientras no tengamos el antedicho sistema adversarial vigente en España. Sería constitucional si lo hiciera, pero no está probado que esté preparado para hacerlo, y probablemente, a pesar de declaraciones oficiales, no desee asumir ahora esa responsabilidad. Con las normas y la práctica actual, correría el peligro de ser visualizado en los casos más importantes como un órgano no objetivo.The Spanish Public Prosecution Service has, foremost, a problem of organic identity. It is believed that it should be independent from the Government, but the laws confirm some degree of dependence. The Public Prosecution should depend on the Government if the reform toward an adversarial model of criminal procedure is pursued, because that is the nature that best fits a system in which the defendant knows he is facing an Administration that, fulfilling its public duty, is demanding with all its powers that he takes responsibility for his actions. Until the change is produced, it is better to leave things as they are. The Public Prosecution Service should not direct the criminal investigation while the foresaid adversarial system in not in force in Spain. If it did, it would be constitutional, but it has not been demonstrated that it is ready to do so and, probably, in spite of official declarations, the Public Prosecution does not want now to assume that responsibility. With the current laws and practices, the Prosecution Service would be in danger of being taken as a non-objective organ in the most important cases.

scholarly journals Pelaksanaan Pembuktian Dalam Tindak Pidana Terorisme

JURNAL BELO ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 145-157
Author(s):  
Juanrico Alfaromona Sumarezs Titahelu
Keyword(s):  
Human Rights ◽  
Government Regulation ◽  
Criminal Procedure ◽  
The Public ◽  
The Past ◽  
Procedure Code ◽  
The Government ◽  
Higher Law

Over the past few years these crimes have been growing more rapidly and disturbing the public. In the criminal acts of terrorism have become increasingly destructive form of crime with global scope. The Government has issued Government Regulation (decree) No. 1 of 2002 on Combating Criminal Acts of Terrorism. Then on April 4, 2003 decree that legalized as Law No. 15 Year 2003 on Eradication of Terrorism. But in reality proving criminal acts of terrorism is still a lot that is not in accordance with the existing rules, which means that there are many deviations that occur in the process of proving the criminal act of terrorism. Proving that in many criminal acts of terrorism against the rules of the higher law (Criminal Procedure Code) in comparison with the criminal act of terrorism law itself (Law No.15 of 2003). So that there are obstacles in proving the crime of terrorism is one of the Human Rights in value has been violating basic human

scholarly journals About an Ethical Interpretation of the Law. Resolution of the Civil Action during the Criminal Trial

2020 ◽  
Vol 4 (1) ◽  
pp. 31-43
Author(s):  
Florin Octavian Barbu ◽  
◽  
Claudiu Gabriel Neacșu ◽  
Keyword(s):  
Social Ethics ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Criminal Trial ◽  
Criminal Investigation ◽  
Civil Justice ◽  
Criminal Proceedings ◽  
Civil Action ◽  
Current Regulation ◽  
Procedure Code

From the provisions of art. 25 para. 1 and art. 397 para. 1 of the Criminal Procedure Code, as in the previous regulation, it results that the legislator took into account an element not only of civil justice, but also of social ethics, when it was established that the criminal court also rules, through the same decision, on the action civil. Basically, the two provisions stated above express the same idea, although this repetition was not absolutely necessary. From the current regulation of solving the civil action during the criminal trial, we notice that the legislator has maintained a series of general principles such as: cases of ex officio settlement of the civil action, dependence of the civil action on the way the criminal action is settled, the disjunction of the civil action from the criminal proceedings, the failure to resolve the civil action as a distinct procedure from that of admitting or rejecting the civil action, resolving the civil action only by the court, and the interdiction to resolve it during the criminal investigation, which, however, were adapted to a new legislative vision.

scholarly journals The Right of the Accused to Compensation in the Iranian Criminal Justice System

2018 ◽  
Vol 1 (1) ◽  
pp. 76
Author(s):  
Mansour Rahmdel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Penal Code ◽  
Procedure Code ◽  
The Government ◽  
The Right ◽  
International Conventions ◽  
Rule Out

<em>Normally, the right to compensation refers to the victim’s compensation. The legislator also typically refers to the right to it, as the Iranian Criminal Procedure Code has done so in articles 14 and 15. But the present paper, refers not to the victim’s, but the accused right. The Criminal Procedure Code of 1912 and 1999 referred to the possibility of compensating the accused by the iniquitous private complainant. However, none of them referred to the government’s obligation to compensate to the innocent accused. In contrast, the Penal Code of 2014 stipulates the government’s obligation to compensate the defendant for damages, but does not rule out the possibility of compensation by iniquitous complainant. Certainly, it does not exempt the complainant to compensation. Reaffirming the responsibility of the government to offset the losses of innocent accused, in line with international conventions, is one of the highlights of the new code. But the lack of compensation for unjustified detention is one of the gaps in the new code. This paper proposes that the Iranian new code of criminal procedure, serves as a development in respecting the accused right in creating comprehensive compensation schemes.</em>

Vanishing Themes of Indian Victim Compensation Law: An Exploration

2019 ◽  
Vol 2 (2) ◽  
pp. 226-235
Author(s):  
Unanza Gulzar
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
Procedure Code ◽  
Victim Compensation ◽  
The Government ◽  
Definition Of ◽  
Compensation Law ◽  
Oriented Approach

Reorganization towards a restorative criminal justice scheme in India was undertaken based on an amendment made to the Criminal Procedure Code (CrPC) of 1973 in 2008. The said amendments were conceded by the Government of India in order to advance the country’s antiquated criminal laws. However, the main problem was keeping the definition of victim stagnant when, in fact, changes relating to victim and, further, reorganizing obsolete laws which have connection with the laws relating to compensation to victims continue. Unfortunately, another difficulty was that the existing laws on determination of victim compensation leave it to the sole discretion of authorities provided under the CrPC. This article highlights that the provisions in the CrPC after the new changes are more general in their attitude of addressing predicament of victims. Yet the irregularity with which the sections are appealed by the judiciary in an effort to accomplish victim fairness and lessen the griefs of the victim would reduce these laws as futile and be the dwindling theme of victim compensation laws in India. Moreover, this article emphasises that some minor developments which occurred in the field of compensation to victims have no doubt reduced an accused-oriented approach, but at the same time there were still numerous lacunae left in this field. Last but not the least, the article focuses on the interface between victim compensation laws and evaluation of victim compensation–amended laws.

scholarly journals "The Extraordinary Powers of the Judicial Control Officer in the Criminal Code of the Saudi Criminal Procedure Law, "Comparative Study of Some Arab Laws: السلطات الاستثنائية لمأمور الضبط القضائي في الجرم المشهود في نظام الاجراءات الجزائية السعودي، "دراسة مقارنة ببعض القوانين العربية"

2017 ◽  
Vol 1 (6) ◽  
Author(s):  
Khadija Abdel Hamid Mustafa Qatishat
Keyword(s):  
Comparative Study ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Investigation ◽  
Criminal Offense ◽  
Judicial Control ◽  
Time Period ◽  
Criminal Procedure Law ◽  
Definition Of ◽  
Descriptive Method

The aim of the research is to identify the exceptional powers of the arresting officers in the criminal offense of the Saudi criminal procedure system and the comparative laws by following the comparative analytical descriptive method, the definition of the concept of the known offense and the judicial controls in cases where the conditions of the offense are observed, Of the Disciplinary Officer. The results of the comparison between the provisions of the exceptional authorities in the Saudi system and some comparative Arab laws showed that the Saudi regulator used the term "flagrante" and did not use the term "crime" as the most comparable laws. He did not specify the severity of the crime as one of the most important direct controls of the criminal investigation officer to investigate the case of flagrante delicto, nor did he specify the time period in which the crime would continue in the case of flagrante delicto. The researcher recommended the use of the term "wearing clothes" instead of the "offense" in the Saudi system, and adding a text specifying the criterion for estimating the seriousness of the crime in case of flagellation.

scholarly journals Warrant of Termination of Investigation (SP3) Issued Based on Peace Agreement Between Suspects and Reporters in Ordinary Offences

Lentera Hukum ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 275
Author(s):  
Azizul Hakiki
Keyword(s):  
Criminal Procedure ◽  
Criminal Investigation ◽  
Legal Analysis ◽  
Criminal Offence ◽  
Peace Agreement ◽  
Peace Agreements ◽  
Procedure Code ◽  
The Status ◽  
Implementation Level ◽  
Legal Grounds

Warrant of Termination of Investigation (SP3 – Surat Perintah Penghentian Penyidikan) is applied as the power granted to the investigator of a criminal act.  Article 109 paragraph (2) of Law No. 8 of 1981 on the Criminal Procedure Code (KUHAP – Kitab Undang-Undang Hukum Acara Pidana) states that there are three requirements to stop a criminal investigation: (a) insufficient evidence; (b) the act committed by the suspect is not a criminal offence; and (c) the investigation is stopped by law. These three conditions are alternative conditions. At the implementation level, there are many cases that are terminated because they fulfill these three requirements. However, it is not uncommon for cases that have progressed to the stage of investigation be stopped as well because the suspected and the reporter reached a peace agreement through mediation facilitated by police investigators. The mediation condition will impact the ongoing investigation since the investigation should be stopped and police should revoke the report of the investigation concerned. Whereas, in this context, the status of this case is an ordinary offence status which means that the revocation of the report has no consequences with the ongoing investigation.  Peace agreements impact ongoing investigations. Whereas the investigation should be stopped and police should revoke the offense report, under extant legislation, investigations maintain ordinary offence status, meaning revocation of the offense report has no effect on the ongoing investigation. The investigation cannot be stopped with any other reasons excepts those that stated in Article 109 paragraph (2). The fact that the revocation of the report of investigation leads to the termination of the ongoing investigation as evidenced by the issuance of SP3. While the issuance of SP3 enables termination of an ongoing investigation by revoking the report of investigation, investigation termination requirements explicitly state that an agreement reached through a mediation mechanism cannot provide legal grounds to issue SP3. This paper provides a normative legal analysis of the validity of investigation termination as the result of an agreement reached through a mediation mechanism. Investigations that terminated based on an agreement achieved by mediation mechanism will create space for third parties to utilize a pre-trial mechanism whose purpose is to test the validity or termination of the investigation. Keywords: Termination of Investigation, Criminal Law, Criminal Procedure

scholarly journals PARTICIPATION OF EXPERTS IN JUDICIAL CONSIDERATION OF CRIMINAL CASES – INNOVATIVE APPROACH

2018 ◽  
pp. 137-144
Author(s):  
I. Kalancha
Keyword(s):  
Criminal Procedure ◽  
Electronic System ◽  
Criminal Investigation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Electronic Signature ◽  
Examination Procedure ◽  
Virtual Office ◽  
Procedure Code ◽  
Distance Communication

This article deals with topical issues of innovative enhancement of expert participation in criminal proceedings. It is identified the problematic questions of an expert’s examination during the trial to clarify or supplement its conclusion in accordance with Section 7, Article 101 CPC of Ukraine. It has been learned the experience of distance communication with court experts in Australia and Spain as well as took into account the shortage of personnel in the Expert Service of the Ministry of Internal Affairs of Ukraine and expert institutions of the Ministry of Justice of Ukraine. On this basis, it is proposed to consolidate the Criminal procedure code of Ukraine and to technically provide a remote procedure for the participation of experts during criminal proceedings. It has been suggested for experts to be involved in criminal proceedings through an electronic exchange of data between the court’s systems and experts. In order to accomplish these tasks, it is proposed to develop an electronic system based on the Register of Certified Forensic Experts. This system should provide the following: maintaining a register of forensic experts and reflecting the types of expertise that the expert can carry out and the level of workload of the expert; exchange of electronic procedural documents with the subjects of criminal proceedings; distance communication with the court. An electronic expert system should also include: automatic examination of the expert’s authority when conducting an electronic examination procedure appointment; authentication on the basis of an electronic signature in the manner prescribed by law; creation of electronic conclusions of experts, their signing by electronic signature, and exchange of electronic procedural documents with the subjects of criminal proceedings. The article describes the introduction of an electronic criminal procedure for the appointment of an expert examination so that the expert receives access to the necessary criminal investigation information through a personal virtual office in the electronic system. Key words: criminal proceedings, subjects of criminal proceedings, register of forensic experts, types of forensic examinations, electronic procedural documents.

Sign in / Sign up

Export Citation Format

Share Document