scholarly journals Prace nad kodyfikacją prawa karnego procesowego w Polsce w latach 1919–1928

2020 ◽  
Vol 17 (3) ◽  
pp. 37-50
Author(s):  
Józef Koredczuk
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Main Role ◽  
Criminal Proceedings ◽  
State Administration ◽  
Criminal Procedure Law ◽  
The Republic ◽  
Polish Code ◽  
Relationship Of ◽  
The Relationship

In his contribution, the author presents the work on the codification (initially on the Act) of procedural criminal law in Poland in the years 1919–1928. Those works were initially led by the Criminal Department of the Codification Committee, and then by the Criminal Proceedings Section of the Codification Commission. The first period of the work on the criminal procedure law was characterized by some disputes between the members of the Department, i.e. supporters of the classical school (E. Krzymuski) vs. the sociological school (J. Makarewicz), the discussion aiming at defining the relationship of procedural criminal law and substantive criminal law. The work on the draft law was carried out faster after the appointment (on 16 July 1920) of the Criminal Proceedings Section, which in 1924 published the first version of the draft criminal law bill. E. Krzymuski, A. Mogilnicki, Z. Rymowicz and E.S. Rappaport had played the main role in the development of the project. After a very deep criticism in the columns of Gazeta Administracji i Policji Państwowej [The Gazette of State Administration and Police], Ruch Prawniczy, Ekonomiczny i Socjologiczny [The legal, economic and sociological movement] and Palestra [The bar], the project was rejected. Only the second version of the bill prepared in 1925-1926, re-worked by the committee composed of W. Makowski, A. Mogilnicki and S. Śliwiński (appointed by the Minister of Justice), became the basis for the President of the Republic of Poland to adopt the first Polish Code of Criminal Procedure of 19 March 1928.

scholarly journals Mandatory nature of criminal proceedings in the republic of Latvia: Current issues and controversies

2019 ◽  
Vol 68 ◽  
pp. 01014
Author(s):  
Sandra Kaija
Keyword(s):  
Criminal Law ◽  
Basic Principle ◽  
Criminal Procedure ◽  
Legal Aspects ◽  
Criminal Proceedings ◽  
Basic Principles ◽  
Criminal Procedure Law ◽  
The Republic

The Criminal Procedure Law (Section 6), as one of the basic principles of the criminal procedure, provides for the mandatory nature of criminal proceedings. It determines that the official who is authorised to perform criminal proceedings has an obligation within his or her competence to initiate criminal proceedings and to lead such proceedings to the fair regulation of criminal legal relations provided for in The Criminal Law in each case where the reason and grounds for initiating criminal proceedings have become known. This research focuses on issues that relate to the legal aspects of the mandatory nature of criminal proceedings, including the competence of the officials in initiating criminal proceedings; the role of the victim; the purpose of this basic principle. This paper examines the problematic aspects of the mandatory principle in criminal procedure in Latvia. In the end, key conclusions are summarized.

INITIATION OF THE CASSATION PROCEDURE IN CRIMINAL PROCEEDINGS

2019 ◽  
pp. 188
Author(s):  
Kristīne Laganovska
Keyword(s):  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
The Third ◽  
Criminal Procedure Law ◽  
Rights And Interests ◽  
The Republic

On June 14, 2018, the Constitutional Court delivered the judgment in the case no. 2017-23-01 On Compliance of the Second and the Third Part of Section 573 of the Criminal Procedure Law with the First Sentence of Article 92 of the Constitution of the Republic of Latvia. The Constitutional court held to recognise the second and the third part of Section (573) of the Criminal Procedure Law, insofar it provides that the matter on initiating cassation proceedings in criminal procedure is decided by one judge, without providing reasoning for refusal to initiate cassation proceedings in criminal procedure, as being incompatible with the first sentence of Article 92 of the Constitution of the Republic of Latvia. Subsequently, the Criminal Procedure Law was amended and amendments came into force on October 25, 2018. The amendments provide that in order to decide on an issue regarding the initiation of cassation proceedings, cassation complaint or protest shall be examined by three judges. The composition of the court and the time when the court will be decided on the initiation of the cassation proceedings shall be notified to the person who lodged the complaint or protest, as well as to the person whose rights and interests are violated by the complaint or protest.

scholarly journals A COMPARATIVE LEGAL ANALYSIS OF CRIMINAL PROCEDURE LAWS OF RUSSIA AND THE REPUBLIC OF KAZAKHSTAN AIMED AT THE SEARCH FOR A WAY TO IMPROVE THE INSTITUTION OF SUSPICION

2020 ◽  
Vol 11 ◽  
pp. 68-72
Author(s):  
Olga S. Polikarpova ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Distinctive Features ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Russian Law ◽  
The Republic

The relevance of the article is due to the imperfection of the criminal procedure law of the Russian Federation in terms of the institution of suspicion. The author examines the distinctive features of the provisions of Russian law and the criminal procedure law of the Republic of Kazakhstan relating directly to the institution of suspicion and, in order to minimize permissible for criminal proceedings under Russian law, procedural violations, attention is drawn to the possibility of improving the reporting Institute by reforming criminal procedure law of the Russian Federation as a whole with a focus on the introduced in the criminal procedural legislation of the Republic of Kazakhstan the criminal procedural model.

scholarly journals Protection of Human Rights in the Criminal Procedure Legislation of the Republic Of Uzbekistan and Improved Reforms Taking Into Account Foreign Experience

2021 ◽  
Vol 58 (1) ◽  
pp. 1102-1115
Author(s):  
Botirjon Khayitbayevich Ruzmetov
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Sufficient Evidence ◽  
Criminal Proceedings ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
The Republic ◽  
Theory Of Evidence ◽  
The Right

In this article author had searched the questions devoted the protection of human rights in the criminal procedure legislation of the Republic of Uzbekistan and comparing with the legislation and worldwide experience of the foreign states.The article reveals the ongoing liberalization of the criminal law policy in the Republic of Uzbekistan, which is aimed at expanding human and fair norms, strengthening the protection of the rights, legitimate interests of a person andsociety. Against this background, the significance of investigative actions and the theory of evidence in the country's criminal procedural legislation is being revised. The development of science and technology leads to the improvement of methods of committing crimes using computer technology, taking into account which the timely disclosure and effective investigation of socially dangerous acts requires extensive use of mathematical tools and computer technologies.In this regard, changes are taking place in the investigative practice aimed at increasing knowledge in the field of computer technologies among law enforcement officials and increasing the responsibility of the personal of the investigative and judicial authorities in the implementation of their activities.The author emphasizes that despite significant restrictions on the rights and legitimate interests of a person in the conduct of investigative actions, all of them are necessary for obtaining sufficient evidence to expose the guilt of the offender, in the manner prescribed by law.Compliance by investigators, prosecutors and judges of all criminal procedural requirements established by the legislation of the country is a key requirement for the recognition of evidence as lawful and sufficient for a fair sentence.It should be noted that the article highlights that, since 1994, the Criminal Procedure Code of Uzbekistan enshrines the right to defense by involving a lawyer in the case from the moment a person is detained on suspicion of committing a crime, as well as the principle of equality of arms in criminal proceedings. An addition to the liberalization of legislation is the fact that now the courts are freed from such unusual functions as the execution of court decisions.In addition, the article expands on the author's proposals for improving the legislation of Uzbekistan, as well as expanding the power of lawyers, especially in the conduct of investigative actions, aimed at expanding the process of liberalization of criminal law in the country and improving the situation with the protection of human rights in the investigation of criminal cases.

scholarly journals Corpus Delicti and the Subject of Proof: to the Discussion of the Relationship Between the Concepts

2021 ◽  
Vol 15 (4) ◽  
pp. 495-501
Author(s):  
Svetlana Kornakova ◽  
Ekaterina Zavgorodnevа
Keyword(s):  
Criminal Law ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Subject ◽  
The Russian Federation ◽  
Key Features ◽  
The Relationship ◽  
Logical Criterion

The authors analyze the opinions of scholars about the correlations between the categories «corpus delicti» and «subject of proof». The main object of their criticism is the idea, supported by some scholars, that the elements of corpus delicti equal the circumstances to be proven that are included in the key fact. The authors use the logical criterion to demonstrate that this claim is unsubstantiated. The circumstances stated in Clauses 1 and 2, Part 1, Art. 73 of the Criminal Procedure Code of the Russian Federation characterize the key features of corpus delicti only conditionally. In this connection, the key fact is the aggregate of factual circumstances that constitutes the basis of corpus delicti. In the logical aspect, the qualification of a crime is a syllogistic inference, according to which, if the essential features of the action under investigation coincide with the features of the concept of a specific crime as described in criminal law, then this crime becomes the concept of this action. According to the authors, from this standpoint it is possible to discuss not the equivalence of circumstances to be proven and corpus delicti, but only the equivalence of their essential features as determined by criminal law. They point out the specific character of criminal law and process terminology that also does not make it possible to equate the categories «corpus delicti» and «subject of proof». The significance of the existence of a formulated subject of proof in criminal procedure law and its interconnection with corpus delicti is demonstrated. It is concluded that proof in a criminal case is based on certain knowledge, which performs a methodological function. In this connection, the subject of proof, in the gnoseological sense, is a program of criminal procedure activities determined by the lawmaker. The norms of criminal law determined the parameters of criminal procedure proving, so the subject of proof is based on the criminal law characteristic of the action but does not equal it. The circumstances of the case, determined in the process of proving, are correlated with the norms of criminal law with the purpose of possible criminal law qualification of the action. Corpus delicti, determined in the criminal law, and the subject of proof, formulated in the criminal procedure law, ensure strict certainly and specification of the process of proving carried out by the preliminary investigation bodies and the court.

scholarly journals On the Forms of Rationality and the Specifics of Implementing the Principle of Procedural Economy in the Criminal Procedure Law of the Republic of Kazakhstan

2019 ◽  
Vol 13 (4) ◽  
pp. 661-670
Author(s):  
Zaure Ayupova ◽  
Daurenbek Кussainov ◽  
Zhanyl Madalieva ◽  
Gulbakhsha Mussabayeva ◽  
Gulnar Rakhimova
Keyword(s):  
Legal System ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Cultural Economic ◽  
Political Pluralism ◽  
Democratic State ◽  
Criminal Procedure Law ◽  
The Republic

The authors present a thorough research of the forms of rationality and the specifics of implementing the principles of procedural economy in the criminal procedure law of the Republic of Kazakhstan. Modern reforms of Kazakhstan’s legal system affected the criminal law sphere as well. The authors have conducted a comprehensive examination and analysis of the principles of procedural economy, effectiveness and rationality of criminal proceedings in the Republic of Kazakhstan. Under the current Criminal Procedure Code of the RK, the initial stage of the criminal process has been considerably transformed: the pre-investigation verification and initiation of a criminal case has been totally removed from it, which has considerably reduced a rather vast list of actions preceding the stage of initiating a criminal case. The dominant function of a democratic state is the protection of the constitutional rights of its citizens. It means that all branches of state power — legislative, executive and judicial — should serve the protection of the rights of a person, while other functions of the state – social, economic, political, environmental protection, public law and order — should comply with it. Different legal phenomena, relations, processes, interconnections and interactions in the legal sphere itself and, partially, outside it compose a special public system — the legal system, which develops relatively independently and functions alongside other public systems — social, spiritual-cultural, economic and state-political ones. The legal system is the condition and, simultaneously, the consequence of building a legal state and a civil society, representative democracy and political pluralism. The process of developing a legal state in the Republic of Kazakhstan is progressing successfully, some experience has been accumulated, and the positive experience of civilized countries that have achieved certain success in this area is implemented. The problem of procedural economy, effectiveness and rationality of criminal proceedings must be considered through the prism of the above-mentioned requirements.

scholarly journals Specyfika relacji organów administracji publicznej z otoczeniem w sytuacjach kryzysowych

2018 ◽  
Vol 111 ◽  
pp. 129-141
Author(s):  
Karina Pilarz
Keyword(s):  
Public Administration ◽  
Crisis Management ◽  
Armed Forces ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
State Administration ◽  
The Republic ◽  
Relationship Of ◽  
The Relationship ◽  
Threat To Life

THE SPECIFICS OF THE RELATIONSHIP OF PUBLIC ADMINISTRATIONS WITH THE ENVIRONMENT IN CRISIS SITUATIONSWe’re dealing with acrisis situation in case of serious threat to life and property. This situation requires some special methods, but don’t give basis to initiate one of the constitutional extraordinary measures. Law on crisis management contains tasks which belongs to organs of territorial self-government and organs of state administration. System of crisis management consists of organs of crisis management, subsidiary organs and crisis management centers. In crisis situations organs of public administration can also cooperate with the environment. The aim of this article is to analyze situations when organs of public administration are supported by The Armed Forces of the Republic of Poland and non-governmental organizations with their personnel, equipment and information.

scholarly journals INTERROGATION OF THE VICTIM, THE WITNESS UNDER A PSEUDONYM IN PRE-JUDICIAL AND JUDICIAL PRODUCTIONS (CRIMINAL PROCEDURE AND CRIMINALISTIC ASPECTS)

2019 ◽  
Vol 29 (4) ◽  
pp. 480-486
Author(s):  
A.Yu. Epikhin ◽  
A.V. Mishin
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Current State ◽  
Criminal Procedure Law ◽  
The Republic ◽  
Practical Recommendations

Ensuring the safety of victims, witnesses in a criminal case allows to carry out the main objectives of criminal prosecution. Interrogation as one of the main investigative actions allows to record important information of evidentiary nature in the case. Currently, there is a sufficient number of proven forensic recommendations for tactics of interrogation of the victim, the witness in pre-judicial production. At the same time, interrogation of such participants of criminal proceedings under a pseudonym in preliminary investigation and, especially in court session, in terms of criminalistics is poorly studied. The article discusses problematic issues of the current state of the organization and tactics of interrogation under a pseudonym of the protected person in pre-judicial and judicial criminal case productions. The authors have proposed variable tactical solutions on production of interrogation of this type, practical recommendations for the persons conducting proceedings, as well as formulated proposals aimed at improving the effectiveness of the law enforcement of the criminal procedure law. The data of generalization of investigatory and judicial practice in the Republic of Tatarstan have been used.

scholarly journals Security Measures In Ukraine’ Criminal And Criminal Procedure Law

2019 ◽  
pp. 195-205
Author(s):  
V.V. Shpiliarevych
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Point Of View ◽  
Security Measures ◽  
Criminal Proceedings ◽  
External Threats ◽  
Procedural Law ◽  
Special Part ◽  
Criminal Procedure Law

The article is dedicated to the study of security measures in criminal and criminal procedural law of Ukraine. Determined by the influence of integration and globalization processes, there is a tendency of convergence of various branches of law, including criminal and criminal procedural law. Therefore, the implementation of a modern effective policy in the field of crime prevention in Ukraine requires an improvement of existing preventive measures and development of new ones, both at the international and national levels. That is why, criminal and criminal procedure measures, namely security measures, play an important role in ensuring the protection of a person's interests against internal and external threats. In particular, criminal-law security measures should be understood as a variety of measures of criminal nature, provided by the Criminal Code of Ukraine, which appliedn to a person, which is in «dangerous state», on behalf of the state on by reasonable court decision, in order to prevent the re-committing of a socially dangerous act, which predicted by the Special Part of the Criminal Code of Ukraine. From a criminal procedural point of view, security measures (measures to ensure the safety of participants in criminal proceedings) - is the implementation of legal, organizational, technical and other measures aimed to protect life, health, housing, property, honor and dignity of a person against unlawful attacks, in order to create the necessary conditions for the proper administration of justice. As a conclusion, the author states that the security measures existing in the criminal law of Ukraine differ from the security measures of criminal procedural character, by its nature, system, subjects to which such measures are applied, the purposes and aims of its application.

scholarly journals ON THE RELATIONSHIP BETWEEN INTERNATIONAL TREATIES OF THE RUSSIAN FEDERATION AND THE NORMS OF THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION

2021 ◽  
Vol 31 (2) ◽  
pp. 298-304
Author(s):  
T.V. Reshetneva
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
International Treaties ◽  
Criminal Proceedings ◽  
International Treaty ◽  
Procedure Code ◽  
Russian Constitution ◽  
The Russian Federation ◽  
Relationship Of ◽  
The Relationship

Stated in the article, the problem is that the issues related to the ratio of the provisions of international treaties and norms of the Criminal procedure code of the Russian Federation (further - the code) has become topical in connection with the constitutional reform carried out in 2020, and was required to bring the current legislation, including criminal procedure, in accordance with the constitutional provisions. The article discusses the regulations that define the relationship of international treaties and norms of code of criminal procedure: the principle of priority of international treaties of the Russian Federation on the rules of criminal procedure; the principle of non-use in criminal proceedings of international treaties in their interpretation, contrary to the Constitution of the Russian Federation. Questions about the types of international treaties, how the results of the interpretation of an international treaty are recorded and how the results of such an interpretation contradict the provisions of the Russian Constitution become relevant.

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