scholarly journals Peradilan In Absentia Pada Perkara Tindak Pidana Korupsi

Corruptio ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 21
Author(s):  
P. Iskandar Welang
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Empirical Approach ◽  
Research Results ◽  
Normative Approach ◽  
Procedure Code ◽  
Traffic Violations ◽  
The Right

The Corruption Criminal Court in absentia is a deviation or prohibited because it is considered as a violation of the defendant's human rights so that the right of the defendant to make a defense will be lost or ignored as regulated in Article 196 Paragraph (1) of the Criminal Procedure Code. Judgment in absentia is only permitted for perpetrators of traffic violations. Then what if the court in absentia is applied to corruption cases. The method in this research uses an approach that includes an empirical approach carried out through direct research in the field, and a normative approach carried out through literature studies related to legislation, research results and other literature. In the implementation of the court in absentia for corruption cases do not violate the rights of the suspect because the defendant is still given the right to follow the stages for criminal justice both from the process of investigation, investigation and trial, but in this case the defendant does not want to use or utilize the rights their rights which have been granted and guaranteed by laws and regulations as regulated in the Criminal Procedure Code.

scholarly journals PASAL 54 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DALAM ELABORASI HUKUM PIDANA ISLAM

2021 ◽  
Vol 4 (1) ◽  
pp. 48-69
Author(s):  
Diah Ratri Oktavriana ◽  
Nasiri Nasiri
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Legal Service ◽  
Legal Assistance ◽  
Legal Aid ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Law ◽  
The Right

This research is a normative research. One of the fulfillment of human rights is justice in equalizing the position of every citizen before the law, as stated in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The right to equality before the law or what is commonly referred to as equality before the law is a principle that provides recognition and protection of human rights for every individual regardless of one's background. Therefore, it is true that Law Number 16 of 2011 concerning Legal Aid for People Who Are Less Capable to Guarantee Constitutional Rights of Citizens for Justice and Equality before the Law emerged. Legal aid is a legal service provided by advocates to the community seeking justice In the realm of criminal cases, the provision of legal assistance is described in Article 54 of the Criminal Procedure Code which explains that in the interests of defense, a suspect or defendant has the right to receive legal assistance from one or more legal advisers during the time and at each level of examination. The provision of legal assistance must be based on the principle of equality before the law as stated in the explanation of Law Number 8 of 1981 concerning Criminal Procedure Law. From the various analyzes that have been carried out, in the perspective of Islamic criminal law it can be concluded that the principle of equality before the law as described in Article 54 of the Criminal Procedure Code is equivalent to an order to provide legal aid which in Islamic criminal law is spelled out in Surah Al-Maidah verse 2 which states that as a fellow humans are ordered to help each other as a form of horizontal worship to fellow humans (habl minan-nas). In addition there are many more both in the Al Qur'an and the hadith of the prophet regarding the application of the principle of equality before the law.

Extradition of a Person: The National Law of Ukraine and the Case Law of the European Court of Human Rights

2021 ◽  
Vol 39 (9) ◽  
Author(s):  
Tatiana H. Fomina ◽  
Volodymyr I. Galagan ◽  
Zhаnnа V. Udovenko ◽  
Serhii Ye. Ablamskyi ◽  
Yana Yu. Koniushenko
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Case Law ◽  
Criminal Offense ◽  
National Legislation ◽  
Procedure Code ◽  
European Court ◽  
Relevant Case ◽  
The Right

This article aims at establishing and emulating the relevant issues surrounding the detention of person presumed of committing a criminal offense outside the territory of Ukraine in respect with the provisions adumbrated by the European Court of Human Rights. The study was conducted through the prism of national legislation and the relevant case law of the European Court of Human Rights. The issues of realization of the detainee's rights, including the right to protection, were considered separately. According to the results of the study, certain ways to improve the provisions of the Criminal Procedure Code of Ukraine have been formulated.

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>

scholarly journals The types and conditions of the application of special evidentiary procedures and preventive security measures employed by security agencies

2020 ◽  
Vol 37 (4) ◽  
pp. 26-41
Author(s):  
Jelena Matijašević ◽  
Sara Zarubica
Keyword(s):  
Human Rights ◽  
Criminal Activity ◽  
Criminal Procedure ◽  
Modern Society ◽  
Security Measures ◽  
Complex Issue ◽  
The Right To Privacy ◽  
Procedure Code ◽  
The Right ◽  
The Cost

The modern society is facing an increasingly dangerous and serious manifestation of criminal activity, that utilizes the most modern technical achievements, especially in the field of communications. That is why the modern states resort to employing new procedural forms of gathering evidence at the cost of a certain infringement on the right to privacy and other human rights. The Criminal Procedure Code establishes six special evidentiary procedures. The most complex issue in special evidentiary procedures is the question of when their usage is justified, in other words, the type of criminal activity to which they can be applied, and the conditions under which they can be used. In addition to the special evidentiary actions established in the Criminal Procedure Code, the security agencies are, within their competences, authorized to secretly collect data by applying preventive and security measures provided by special laws (lex specialis). Having that in mind, this paper will deal with the questions concerning the types and conditions of the usage of special evidentiary procedures, as well as the types and conditions of the application of preventive and security measures in Republic of Serbia.

scholarly journals Ensuring the detection of property in the institute of property seizure

2021 ◽  
Vol 10 (42) ◽  
pp. 236-247
Author(s):  
Anastasiia Bazhenova ◽  
Anatolii Desyatnik ◽  
Hanna Mudretska ◽  
Inna Pakipova
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Criminal Procedure ◽  
General Interest ◽  
Legal Analysis ◽  
Legal Method ◽  
Procedure Code ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right

The article is devoted to the study of certain issues of property detection in the institution of seizure of property. On the basis of comparative legal analysis, the possibility of ensuring the detection of property using search and seizure within the Criminal Procedure Code of the past and modern Criminal Procedure Code of Ukraine and foreign countries was assessed. The rights of the victim under the Convention for the Protection of Human Rights and Fundamental Freedoms are analyzed in terms of his/her right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law to decide his/her civil rights and obligations. The application of the criminal procedural legislation of Ukraine is analyzed taking into account the practice of the European Court of Human Rights on the protection of human rights in relation to the rights of individuals or legal entities to peacefully own their property. Emphasis is placed on the fact that the previous provisions do not in any way restrict the right of the state to enact such laws as it deems necessary to exercise control over the use of property in accordance with the general interest. Scientific methods such as analysis, synthesis, formal-legal and comparative-legal method became the methodological basis of the research.

scholarly journals PEMBANTARAN PENAHANAN TERHADAP TERSANGKA DALAM PERSPERKTIF HAK ASASI MANUSIA (Studi Di Polres Purbalingga)

2011 ◽  
Vol 11 (1) ◽  
Author(s):  
Handri Wirastuti Sawitri
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Severe Pain ◽  
Criminal Procedure ◽  
The State ◽  
Research Results ◽  
Procedure Code ◽  
Protection Of Human Rights

Suspect in custody who experience severe pain, must be doing maintenance by the investigator as the officers responsible for detention. Based on the implementation of research results “pembantaran” arrest suspects in the level of investigation based on several provisions or regulations, among others: the Criminal Procedure Code, Act No. 2 year 2002 as well as SEMA No. 1 in 1989. The protection of human rights for suspects, particularly in health care by providing opportunities for treatment in hospitals outside the prison, which is a right that must be respected and protected by the state.

scholarly journals In Absentia Trials and the Right to Defend: The Incorporation of a European Human Rights Principle into the Dutch Criminial Justice System

2001 ◽  
Vol 32 (3) ◽  
pp. 715 ◽  
Author(s):  
Evert F Stamhuis
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
The Netherlands ◽  
Comparative Studies ◽  
Justice System ◽  
Criminal Procedure ◽  
Dutch Trial ◽  
European Court ◽  
The Right

In a case against the Netherlands the European Court on Human Rights gave an interpretation of a provision in the Convention that amounted to the recognition of a defence right that was historically and systematically alien to Dutch criminal procedure. The Dutch criminal justice authorities had to respond to implement that recognition in the domestic justice administration. Besides explaining the intricacies of the Dutch trial in absentia, very often considered in comparative studies to be a rather odd feature of Dutch law, this article provides an interesting demonstration of the process of transplanting foreign legal ideas.  

Enhanced Rights for Detained Persons

2020 ◽  
Vol 4 (1) ◽  
pp. 89-108
Author(s):  
Ewang Sone Andrew
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Rule Of Law ◽  
Police Officers ◽  
Justice System ◽  
Criminal Procedure ◽  
Full Potential ◽  
Habeas Corpus ◽  
The Rule Of Law ◽  
Procedure Code

The incorporation of habeas corpus and bail in the Cameroonian Criminal Procedure Code has not only entrenched them in law, but has also widened and deepened their scope, with a view to obtaining, as far as possible, the respect for human rights and the rule of law in order to ensure a more functional criminal justice system in Cameroon. The incorporation of habeas corpus and bail in the Cameroon criminal trial process will restrain the arbitrary and illegal use of the powers of the judicial police officers and ensure respect of human rights. Although there are some challenges in the application of habeas corpus and bail such as misuse of the remedies by some overzealous authorities, defiance of court orders in the enforcement of the writ of habeas corpus by administrative authorities, and erosion of confidence in the Judiciary, there is optimism in the conscious efforts being made to ensure that habeas corpus and bail are properly applied so that the Cameroonian Criminal Procedure Code attains its full potential.

scholarly journals Prospects of Improving the Mechanism of Judicial Protection in Russian Criminal Proceedings: Issues of Theory and Practic

2018 ◽  
Vol 12 (3) ◽  
pp. 387-395 ◽  
Author(s):  
Iraida Smolkova ◽  
Tatyana Vilkova ◽  
Roman Maziuk ◽  
Sergey Nasonov ◽  
Alexander Nichiporenko
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Two Dimensions ◽  
Criminal Court ◽  
Criminal Cases ◽  
Legal Standards ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Right ◽  
Judicial Protection

Evaluation of the trends of judicial protections development in accordance with constitutional and international legal standards is carried out through the prism of analyzing draft laws regulating court procedures and the reform of Russian court system. The author argue that it is not acceptable to limit the right to judicial appeal against the actions (inaction) and decisions of the preliminary investigation bodies and the prosecutor by introducing the obligatory preliminary examination of such complaints by the head of the investigation agency or the prosecutor according to the procedure set by Art. 124 of the Criminal Procedure Code of the Russian Federation. They also criticize the draft law according to which only the introduction and the resolution of the verdict are pronounced on all the criminal cases: if made into law, this will greatly limit the transparency of criminal court procedures and the right of the accused and their defense attorney to appeal the verdict. The authors identify the faults in the draft law aimed at simplifying the procedure of examining the appeals (petitions) against interim solutions because the elimination of the court investigation will limit the implementation of the adversarial principle at the stage the court of appeals proceedings. It is shown that the current reform of procedures of a jury trial is aimed at strengthening and improving the judicial protection mechanism. The authors summarize the conclusions of contemporary research that although some parameters of the jurys efficiency could vary depending of the number of the jurors, in general, a smaller or a greater number of jurors does not have a decisive impact on the quality of the verdict. They show the positive prospects of giving the Head of the Supreme Court of the Russian Federation the right to initiate the supervisory proceedings for criminal cases and of including in the Criminal Procedure Code of the Russian Federation the right of the RF Commissioner for Human Rights to submit cassation and supervision petitions. The analysis of draft laws allows the authors to evaluate the trends for improving the mechanism of court protection in the criminal court procedures of the Russian Federation in each of the two «dimensions» of judicial protection - the institutional and the functional one.

scholarly journals Some theoretical problems on the right to silence in criminal procedure summary

2016 ◽  
Vol 19 (3) ◽  
pp. 86-95
Author(s):  
Tai Van Vo ◽  
Anh Tuan Trinh
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Human Beings ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Right To Silence ◽  
Long Time ◽  
The Right

Right to silence is a fundamental right of human beings in criminal proceedings and one of the most important measures to protect human rights in society. The right to remain silent had been prescribed for a long time in the Criminal Procedure Code of many countries and proved to be effective in ensuring the rights of persons in custody, accused or defendants in criminal proceedings. However, there has been plenty of opinions on the right to silence in Vietnam. Some support the legalization, some oppose while some other are worried about implementation difficulties. Perhaps this is because the connotation of the right to silence is not fully understood. This paper analyzes the origin and nature of the right to silence, thereby providing a more accurate view on the connotation of the right to silence.

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