scholarly journals Some Legal Aspects of Abbreviated Trial in Albania

2017 ◽  
Vol 6 (2) ◽  
pp. 144
Author(s):  
Naim Mëçalla
Keyword(s):  
Criminal Procedure ◽  
Legal Aspects ◽  
Point Of View ◽  
Criminal Cases ◽  
Procedural Law ◽  
Judicial Practice ◽  
Procedure Code ◽  
History Of ◽  
The Republic ◽  
First Time

The Criminal Procedure Code of the Republic of Albania, as amended, came as an expression of the society's need for a more effective fight against criminality, a process that should go hand in hand with respect of the human rights and fundamental freedoms. This code, among other things, brought a new concept with regard to the possibility of applying special proceedings, as alternatives to the ordinary proceedings of investigation and judgment in the criminal cases. Thus, after nearly half a century, is reinstated in the Criminal Procedure Code, the special proceedings institute and for the first time in the history of the Albanian procedural law, an abbreviated trial, is foreseen as an alternative judgment. In this context, this paper gives an overview of the abbreviated trial, its legal meaning and the advantages it brings to the parties in particular and to the criminal process in general. The paper also contains a synthesized review of the abbreviated trial, under Albanian legislation and addresses some of the issues of judicial practice, as well as a brief presentation at a practical point of view of the abbreviated trialcases, answering some of the problems arising from the practice.

scholarly journals HISTORICAL DEVELOPMENT STAGES OF CRIMINAL PROCEDURE IN ANCIENT ROME

2016 ◽  
pp. 0-0
Author(s):  
Нодиржон Хайриев ◽  
Nodirzhon Khayriev
Keyword(s):  
Historical Development ◽  
Legal Status ◽  
Criminal Procedure ◽  
Legal Aspects ◽  
Ancient Rome ◽  
Development Stages ◽  
Procedural Law ◽  
History Of ◽  
Court Proceedings ◽  
Evaluation Of Evidence

This article studies historical-legal aspects of such issues as organization and development of criminal procedure in Ancient Rome, types of criminal procedure in this state, peculiarities of criminal procedure organization on the basis of the Laws of the twelve tables, legal status of officials, reviewing cases, as well as issues of guaranteeing fairness of the courts, specific to the ancient roman legal and institutional framework. Based on the historical development of the state and law, the author presents a different classification of the development stages of Ancient Rome and history of the Roman (Civil) Law. The author pays special attention to studying procedural law aspects, in particular, to the issues of particular characteristics of criminal procedure and judicial examination, evidence law, procedure of instituting court proceedings, hearings of cases in courts and adoption of relevant court decisions. The author conducts thorough analysis of the main stages of a criminal process, which, as the author assumes, consist of two parts — bringing of a suit, evaluation of evidence and documents, checking the accuser’s requirements, as well as reviewing claims under the lawsuit and submitted evidence, judicial examination.

scholarly journals Penal Mediation as the Concept of Restorative Justice in the Draft Criminal Procedure Code

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Emmanuel Ariananto Waluyo Adi
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Procedural Law ◽  
Private Realm ◽  
Procedure Code ◽  
The Law

The law recognizes both litigation and non-litigation settlement mechanisms, but it is almost not explicitly regulated for non-litigation settlement in criminal cases. Non-litigation in criminal recognizes the concept of restorative justice for the public interest, which is different from the private realm in civil. The concept of restorative justice exists to rehabilitate the state of criminals so that they are accepted back into the community. The concept of restorative justice is manifested in the mediation mechanism in criminal law in the form of penal mediation, but penal mediation does not yet have a legal umbrella. The non-progressive normative application of the law results in the overcapacity of prisons/remand centres. Currently, the Draft Criminal Procedure Code (hereinafter as RKUHAP) is being drafted, which does not yet regulate the application of non-litigation solutions. Later, it can be applied by law enforcement agencies so that problems such as overcapacity prisons are resolved and the creation of peaceful order in the community. This study aims to provide a view of the concept of penal mediation in criminal procedural law to serve as an aspiration for the consideration of the parties involved in the preparation of the substance of the RKUHAP. This paper uses a normative approach with technical analysis using hermeneutic analysis and interpretation methods.

scholarly journals Implementation of the three-link model of pre-trial investigation in the Republic of Kazakhstan

2021 ◽  
Vol 136 (3) ◽  
pp. 113-118
Author(s):  
B.M. Smatlaev ◽  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Pilot Program ◽  
Legal Regime ◽  
Judicial Practice ◽  
Procedure Code ◽  
Foreign Countries ◽  
Link Model ◽  
The Republic

The article presents innovations of the Code of Criminal Procedure of the Republic of Kazakhstan which, in pre-trial investigations, play a major role in protecting the rights and freedoms of citizens. The article justifies the need for special legal regulation of these objects of citizens ‘ rights. The author considers positions of scientists, judicial practice and legislation of Kazakhstan and foreign countries. It identifies shortcomings and contradictions of legal legislation. In accordance with the requirements of the new legislation, the transition to a three-link model under the pilot program will protect the rights of many citizens in the country, which will practically reduce the responsibility of persons who are not involved in crimes in the course of investigations. As a result of the analysis of the legislation of Kazakhstan, the author concluded that it is necessary to change the legal regime and recently adopted Criminal Procedure Code, which is more or less beneficial for citizens.

scholarly journals ASPEK HUKUM PENINJAUAN KEMBALI LEBIH DARI SATU KALI DALAM PERKARA PIDANA (PERSPEKTIF PENEGAKAN KEADILAN, KEPASTIAN DAN KEMANFAATAN HUKUM)

2015 ◽  
Vol 4 (2) ◽  
pp. 335
Author(s):  
Budi Suhariyanto
Keyword(s):  
Supreme Court ◽  
Criminal Procedure ◽  
Legal Aspects ◽  
Criminal Case ◽  
Constitutional Court ◽  
State Agencies ◽  
Criminal Cases ◽  
Procedure Code ◽  
The Supreme Court ◽  
Criminal Matters

Constitutional Court Decision No. 34 / PUU-XI / 2013 has opened the space PK is not just one time as provided for by the Article 268 paragraph (3) Criminal Procedure Code so that PK can be done many times during found and submission of PK Novum although it has done previously. Perspective is the basis of this decision is justice. Responding to the verdict of the Constitutional Court, the Supreme Court publishes SEMA No. 7 Year 2014 on Reconsideration Request Submission In Criminal Case. Through the SEMA Supreme Court warned that provisions PK only once outside the Article 268 Criminal Procedure Code which was canceled by the Constitutional Court, therefore, PK criminal cases (in a similar case) is more than 1 (one) can not be accepted. Restrictions on the desired PK criminal case the Supreme Court is to provide legal certainty in the process of final settlement of criminal matters. Government through Minister of Law and Human Rights take strategic steps in resolving the legal expediency vision polemic filing legal remedies PK criminal cases, by coordinating state agencies and relevant ministries so as to produce an agreement that filing PK many times can not be executed until the issuance of PP. Therefore still valid set forth in the Judicial Authority Law and the Law on the Supreme Court.Keywords : Legal Aspects, Reconsideration, Criminal Case

scholarly journals INSTITUTE OF EMISSARIES

2021 ◽  
Vol 69 (2) ◽  
Author(s):  
M. Koigeldiev ◽  
Keyword(s):  
Power System ◽  
Management System ◽  
Raw Materials ◽  
Historical Analysis ◽  
Point Of View ◽  
Soviet Period ◽  
Administrative Management ◽  
History Of ◽  
The Republic ◽  
First Time

The 20-30 years of the XX-th century in the history of Kazakhstan are characterized by the formation of such a form of governance of the republic from the center as the institute of emissaries. This form of management remained unchanged until the end of the Soviet period. The system of administrative management has acquired a new character, consolidating the former imperial positions based on the search for sources of raw materials and sales markets. The history of the formation and activity of the Institute of emissaries as a management system in Kazakhstan was not considered as an object of historical analysis. For the first time in the Kazakh historiography in the context of the 20-30s, the author analyzes the origins of the formation of this institute of management. The article highlights the beginning of a new stage in the Kazakh history, which implies a generalization of the activities of the power system and its nature from the point of view of modern realities.

scholarly journals The legal regulation of the preliminary investigation bоdies activities according to UPK Uzbek SSR 1929

2021 ◽  
pp. 226-237
Author(s):  
A. A. Muhitdinov
Keyword(s):  
Public Relations ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Process ◽  
Legal Norms ◽  
Procedural Law ◽  
Stage Of Development ◽  
Procedure Code ◽  
History Of

At the present stage of development of the criminal procedural legislation of the Republic of Uzbekistan, many legal institutions that have a long history of doctrinal development have received normative consolidation. Among them is the institution of participants leading the criminal process at the stage of pre-trial investigation. In the history of Uzbekistan, the activities of these subjects of the criminal process were regulated by numerous normative legal acts, including codified ones. The first Criminal Procedure Code of the Uzbek SSR was adopted in 1926. Soon the Uzbek SSR Criminal Procedure Code of 1929 entered into force. In comparative legal terms, the latter was significantly inferior to the previous one in terms of the degree of detail in the regulation of criminal procedural relations with the participation of pre-trial investigation bodies. Analysis of the content of the legal norms of the Criminal Procedure Code of 1929, regulating the activities of these bodies, allows us to identify features that, from the standpoint of the modern vision of the optimal model of the Criminal Procedure Code of Uzbekistan, are assessed as shortcomings in the legal regulation of the relevant public relations. As such, we can name the following: the CPC does not contain norms defining the sources of criminal procedural law; the code does not provide for a separate chapter devoted exclusively to investigative actions, a detailed description of their procedural form; there is no clear delineation of the competence of the bodies of inquiry and the investigator; the investigator is by law entrusted with supervisory functions that are not characteristic of him in relation to the bodies of inquiry; the Criminal Procedure Code does not include a norm prohibiting persons conducting a preliminary investigation from obtaining evidence by violence, threats, etc.; The Criminal Procedure Code determined the existence of sufficient data, and not evidence, as the basis for the accusation. After being charged, the person acquired the status of a defendant, not an accused; the application of preventive measures, including detention, was carried out by the investigator independently, without the sanction of the prosecutor, which testified to the absence of guarantees of the observance of the right to personal inviolability.

ISSUES ON THE JUSTIFICATION OF THE AMENDMENT OF THE CRIMINAL PROCEDURAL LEGISLATION OF THE REPUBLIC OF SERBIA FROM 2011

2021 ◽  
pp. 321-332
Author(s):  
MILOŠ STAMENKOVIĆ
Keyword(s):  
Social Context ◽  
Criminal Procedure ◽  
Basic Feature ◽  
Procedural Law ◽  
Procedure Code ◽  
Introductory Part ◽  
Social Dynamic ◽  
The Law ◽  
The Republic

The issue of the development of criminal procedural law is an extremely broad and complex consideration, one that is difficult to cover in one study. In this paper, the author will deal with the development of criminal procedural legislation of the Republic of Serbia by 2011 in the first part. The current Criminal Procedure Code, with its most recent amendments from 2019, is still based precisely on the mentioned Code. The systematic presentation of the development of criminal procedural legislation in the Republic of Serbia has been burdened with both numerous changes in legislative sources and changes in the broader social context. The issue of state frameworks and the validity of the law, therefore, often requires a review of the broader territorial framework and an understanding of this social dynamic. If one considers the period of formation of the Kingdom of Serbs Croats and Slovenes in 1918, the basic feature of criminal procedural law implied the particular interests of individual states and separate procedural arrangements. Following the above, which is in a way an introductory part, the paper will address the most important changes to the current Criminal Procedure Code in relation to the 2011 Criminal Procedure Code. After the Criminal Procedure Code of 2001 was repealed, the new Criminal Procedure Code of 2011 came into force, which regulates several issues in a whole new way. Finally, special attention will be paid to the inconsistency of the Criminal Procedure Code of 2011 with the Constitution of the Republic of Serbia.

scholarly journals Data Elektronik Sebagai Alat Bukti Yang Sah Dalam Pembuktian Tindak Pidana Pencucian Uang

2019 ◽  
Vol 1 (1) ◽  
pp. 33-46
Author(s):  
Pandoe Pramoe Kartika
Keyword(s):  
Criminal Procedure ◽  
Scientific Work ◽  
Criminal Cases ◽  
Descriptive Data ◽  
Legal Evidence ◽  
Electronic Evidence ◽  
Procedural Law ◽  
Procedure Code ◽  
Qualitative Descriptive ◽  
Legal Proof

The writing of this scientific work is motivated by the difficulty of legal institutions such as the court in carrying out the verification of criminal cases related to Electronic Data. Evidence is fundamental in every criminal case. Therefore, evidence becomes a very decisive thing whether or not a person is convicted. However, the Criminal Procedure Code as a formal law in Indonesia, has not regulated electronic evidence as a legal evidence. The research method used is normative research using a statutory and analytical approach, while data collection through literature studies and interviews and qualitative descriptive data analysis. The results of the study indicate that proof of the ITE Law is lex specialis, because the ITE Law regulates everything that is more specific in the evidentiary law contained in the Criminal Procedure Code. The legal proof of electronic aspect as a legitimate evidence in the case of money laundering is regulated in Article 73 and with the enactment of the ITE Law, it is increasingly emphasized that electronic documentary evidence is a legitimate and recognized evidence in Indonesian procedural law. Penulisan karya ilmiah ini dilatar belakangi oleh sulitnya lembaga hukum seperti pengadilan dalam hal melaksanakan pembuktian perkara pidana yang berhubungan dengan Data Elektronik. Bukti merupakan hal mendasar dalam setiap perkara pidana. Oleh karena itu, alat bukti menjadi hal yang sangat menentukan dapat tidaknya seseorang dipidana. Namun, Kitab Undang-Undang Hukum Acara Pidana sebagai hukum formil di Indonesia, belum mengatur mengenai alat bukti elektronik sebagai alat bukti yang sah. Metode penelitian yang digunakan adalah penelitian normatif dengan menggunakan pendekatan perundang-undangan dan analitis, sedangkan pengumpulan data melalui studi pustaka dan wawancara serta analisis data secara deskriptif kualitatif. Hasil kajian menunjukkan bahwa pembuktian pada UU ITE bersifat lex specialis, dikarenakan UU ITE mengatur segala sesuatu yang lebih spesifik dalam hukum pembuktian yang terdapat di dalam KUHAP. Aspek hukum pembuktian elektronik sebagai alat bukti yang sah dalam kasus tindak pidana pencucian uang diatur dalam Pasal 73 dan dengan diberlakukannya UU ITE semakin dipertegas bahwa alat bukti dokumen elektronik merupakan alat bukti yang sah dan diakui dalam hukum acara Indonesia.

scholarly journals Problems with Online Criminal Justice in Criminal Procedure Law Due to the Covid-19 Pandemic

2021 ◽  
Vol 5 (3) ◽  
pp. 436
Author(s):  
Ida Bagus Gde Subawa
Keyword(s):  
Criminal Justice ◽  
Virus Disease ◽  
Criminal Procedure ◽  
Literature Study ◽  
Criminal Cases ◽  
Procedural Law ◽  
Criminal Procedure Law ◽  
Court Proceedings ◽  
The Republic ◽  
The Government

The world is in crisis due to the Covid-19 pandemic. Corona Virus Disease 2019 (Covid-19) is a disease that was first discovered in the city of Wuhan, China. The transmission of Covid-19 in the People's Republic of China (PRC) occurred in 2019 and caused the death of Chinese citizens. By early 2020, the spread had spread to every country, including Indonesia. The wide spread of Covid-19 throughout Indonesia has resulted in the government declaring a health emergency and implementing a lockdown policy by limiting activities that trigger the massive spread of the Covid-19 virus. Activities that were initially carried out offline must be carried out online, and one of these activities is court proceedings. Due to the Covid-19 pandemic, every activity, including the judiciary, is carried out online. This study aims to examine the problems that occur as a result of the implementation of online criminal justice in criminal procedural law. This research is descriptive research with a literature study method. The results of the study show that the implementation of online trials creates problems that are considered inconsistent with several principles and contrary to the Criminal Procedure Code, some of which are the validity of evidence in court, then there is an examination of the defendant in court until the last one is the personnel and equipment. which is not supported. Another problem is the Regulation of the Supreme Court of the Republic of Indonesia No. 4 of 2020 concerning the Administration and Trial of Criminal Cases in Courts Electronically which is contrary to the principles of Courts Open to the Public and Quick Trials.

scholarly journals Kedudukan dan Perlindungan Saksi Mahkota dalam Tindak Pidana Pencurian dengan Kekerasan (Studi Kasus Pengadilan Negeri Denpasar)

2020 ◽  
Vol 1 (1) ◽  
pp. 210-215
Author(s):  
Ni Made Elly Pradnya Suari ◽  
I Made Minggu Widyantara ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Legal Protection ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Public Prosecutor ◽  
Criminal Cases ◽  
Conceptual Approach ◽  
Procedure Code ◽  
The Republic ◽  
Verification Process ◽  
Article 50

The presence of witnesses in the evidence is the keyword in disclosing the facts of criminal cases. The crown witness is often present at court. However, there are many differences of opinion in the Jurisprudence regarding the use of crown witnesses in court because there is no legal regulation that explicitly regulates the use of crown witnesses in criminal justice. Based on these problems, this study described how the protection of the rights of defendants as crown witnesses in criminal acts of theft with violence and how the position of crown witnesses in criminal acts of theft with violence. This research was designed using a normative legal research method and a conceptual approach. In the Criminal Procedure Code, there is no prohibition for a defendant to provide information for other defendants as far as using a splitsing system so that defendants who are crown witnesses still receive legal protection. The decision of the Supreme Court Number 1942 K / PID / 2012 which in its verification process used a crown witness. In this case, the public prosecutor presented the crown witness due to the lack of evidence especially witness testimony evidence. The role of the crown witness is very important to uncover criminal events because the defendant knows, sees, and commits criminal theft with violence. The result of this study showed that the protection of the rights of the defendant as a crown witness is equated with the rights of the defendant in general, which is regulated in Article 50 to Article 68 of the Criminal Procedure Code and witness rights set out in Article 5 of Law Number 31 of 2014. The position of the crown witness is justified in proof-based on the Circular Attorney General's Office of the Republic of Indonesia Number B-69 / E / 02/1997 of 1997 concerning Proof Law in Criminal Cases.

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