scholarly journals Wewnętrzna jawność postępowań rehabilitacyjnych z perspektywy oskarżonego i jego obrońcy

2021 ◽  
Vol 27 (1) ◽  
pp. 13-86
Author(s):  
Katarzyna Sychta
Keyword(s):  
Voluntary Participation ◽  
Criminal Record ◽  
Full Inclusion ◽  
Court Proceedings ◽  
The Republic ◽  
The Right

The article touches upon the issue of internal transparency of rehabilitation proceedings and reinvestigations which take place following the annulment of the final judgment. Depending on the rehabilitation prerequisites, it is possible to obtain an acquittal or a judgment equal to an acquittal in three exceptional and appeal modes, i.e. cassation, revision and annulment with regard to persons who experienced repression on the grounds of their involvement in actions aimed at maintaining the independence of the Republic of Poland. The full inclusion of the defendant and their defender in the court proceedings guarantees that the efforts to expunge the defendant’s criminal record will be carried out in accordance with the rules of directness, contradictoriness, equality, orality, the right to defense and broadly understood rule of conscientiousness. This type of procedure upholds the possibility of voluntary participation of the defendant in proceedings aimed at establishing the probability or certainty of the emergence of grounds for employing exceptional appeal modes, while the restrictions, exclusion or expansion of the involvement of the defendant are regulated according to particular exceptions.

scholarly journals BATASAN TERHADAP IMUNITAS ADVOKAT YANG DIPERLUAS BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 26/PUU-XI/2013

2020 ◽  
Vol 16 (1) ◽  
pp. 38-48
Author(s):  
Oey Valentino Winata ◽  
Wisnu Aryo Dewanto
Keyword(s):  
Code Of Ethics ◽  
Good Faith ◽  
Court Decision ◽  
Equal Treatment ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Professional Code ◽  
Court Proceedings ◽  
The Republic ◽  
The Right

The basis for granting immunity to advocates is in Article 16 of Law No. 18 of 2003, that advocates cannot be prosecuted both civil and criminal in carrying out their professional duties in good faith in the interests of the Client's defense in court proceedings. The immunity obtained by advocates is not only within the scope of the court, but also protects it outside the court. The immunity has been expanded based on the Constitutional Court Decision Number 26 / PUU-XI / 2013. The granting of immunity to such advocates is considered as an act that violates the provisions of Article 28 D of the 1945 Constitution of the Republic of Indonesia, that everyone has the right to recognition, guarantee protection and fair legal certainty and equal treatment before the law. However, the right to immunity from lawsuits (immunity) to advocates does not conflict with Article 28D of the 1945 Constitution if given with limitations to advocates who are one of law enforcers in Indonesia, these restrictions apply both outside and in court proceedings. The limitation is in the form of a professional code of ethics and legislation, as well as good faith. Any action that goes beyond or beyond these three limits cannot be protected by immunity, so that if one of the three limits is exceeded, advocates can be legally processed and sentenced based on applicable regulations.Dasar pemberian imunitas kepada advokat ada pada Pasal 16 UU No. 18 Tahun 2003, bahwa advokat tidak dapat dituntut baik secara perdata maupun pidana dalam menjalankan tugas profesinya dengan iktikad baik untuk kepentingan pembelaan Klien dalam sidang pengadilan. Imunitas yang didapatkan advokat ternyata tidak hanya dalam lingkup pengadilan, tetapi juga melindunginya diluar pengadilan. Imunitas tersebut telah diperluas berdasarkan Putusan Mahkamah Konstitusi Nomor 26/PUU-XI/2013. Pemberian imunitas kepada advokat tersebut dianggap sebagai suatu perbuatan yang melanggar ketentuan Pasal 28D Undang-Undang Dasar Negara Republik Indonesia 1945, bahwa setiap orang berhak atas pengakuan, jaminan perlindungan dan kepastian hukum yang adil serta perlakuan yang sama dihadapan hukum. Tetapi hak atas kekebalan dari tuntutan hukum (imunitas) kepada advokat tersebut menjadi tidak bertentangan dengan Pasal 28D UUD 1945 apabila diberikan dengan batasan-batasan kepada advokat yang merupakan salah satu penegak hukum di Indonesia, batasan tersebut berlaku baik di luar maupun di dalam sidang pengadilan. Batasan tersebut berupa kode etik profesi dan peraturan perundang-undangan, serta iktikad baik. Setiap tindakan yang melampaui atau diluar ketiga batasan tersebut, tidak bisa dilindungi oleh imunitas, sehingga atas dilampauinya salah satu dari ketiga batasan tersebut maka advokat dapat diproses secara hukum dan dijatuhi hukuman berdasarkan peraturan yang berlaku.

PARTICIPATION OF AN INTERPRETER IN CRIMINAL PROCESS OF THE REPUBLIC OF UZBEKISTAN

2021 ◽  
Vol 6 (5) ◽  
pp. 97-103
Author(s):  
Nigora Abdurashitova ◽  
Keyword(s):  
Criminal Justice ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Criminal Proceeding ◽  
Legal Assessment ◽  
Sufficient Knowledge ◽  
Court Proceedings ◽  
The Republic ◽  
The Right

The article examines the criminal procedural status of an interpreter as a guarantor of ensuring therights and freedoms of participants in criminal proceedings. It is known that in a multinational country, it is especially important to respect the right of a participant in a criminal proceeding to choose a language, to have a reliable and accurate translation of case materials. The author, through the analysis of legislative norms, tries to give a legal assessment to the translator, as a specialist, calledupon to clarify the provision of justice in pre-trial and court proceedings. According to the author, it is the competence of the translator in the criminal process, his knowledge of his rights and obligations, sufficient knowledge of special legal vocabulary that is the most important factor in achieving the goals set for criminal justice. The article contains proposals for improving the legalstatus of the translator

scholarly journals TRIAL WITHIN A REASONABLE TIME IN CIVIL PROCEEDINGS IN THE REPUBLIC OF SERBIA

2021 ◽  
pp. 123-133
Author(s):  
GORAN STAMENKOVIĆ
Keyword(s):  
Judicial System ◽  
Combined System ◽  
Reasonable Time ◽  
Legal Standard ◽  
Civil Proceedings ◽  
Significant Step ◽  
The Law ◽  
Court Proceedings ◽  
The Republic ◽  
The Right

Trial within a reasonable time is a legal standard established to shorten lengthy court proceedings that have become a global problem. Their purpose is to create the most efficient judicial system possible without compromising the principle of fairness. A significant step towards that goal is the Law on the Protection of the Right to Trial within a Reasonable Time, which was passed in the Republic of Serbia in 2015. By applying this law, a combined system of protection of this right was adopted, in which protection is realized during the duration of the procedure but also after the end of the procedure. The aim of this paper is to consider the level of protection of this right in Serbia due to the adoption of the Law on Protection of the Right to Trial within a Reasonable Time.

scholarly journals Czy Konstytucja Rzeczypospolitej Polskiej wymusza na ustawodawcy ustawową regulację struktury organizacyjnej i właściwości sądów powszechnych?

2020 ◽  
pp. 119-135
Author(s):  
Bogusław Banaszak
Keyword(s):  
Public Authorities ◽  
The Supreme Court ◽  
Constitutional Tribunal ◽  
Court Proceedings ◽  
The Republic ◽  
The Individual ◽  
The Right ◽  
And Function ◽  
Statutory Regulation

The Constitution of the Republic of Poland does not define in a comprehensive manner the matter to be standardized in laws and grants the legislator considerable freedom in determining their content. In view of the subject matter of this opinion, based on views founded on the doctrine of Polish constitutional law and on the jurisprudence of the Constitutional Tribunal and the Supreme Court, it can be concluded that the legislator should regulate by law, among other matters, the following matters reserved for statutory regulation (the principle of exclusivity of the act): regulations concerning citizenship and the rights, freedoms and duties of the individual, as well as the basic competences, principles of how public authorities are organised and function. On the basis of this assumption, it was examined whether there is any indication to the legislator from the constitutional norms relevant to the judicial authority. The following were taken into account: the right to a fair trial (Article 45), the principle of the separateness and independence of the judiciary (Article 173), the principle of bi-instantiality of court proceedings and the principle of statutory determination of the system and jurisdiction of courts (Article 176), the principle of the presumption of competence being assigned to common courts (Article 177), and the principle of the non-removability and non-transferability of judges (Article 180). On the basis of an analysis of these constitutional norms, it was concluded that the Constitution of the Republic of Poland enforces statutory regulation of the organisational structure and the material, local and appeal jurisdiction of common courts, and only allows for entrusting specific matters to be regulated by executive bodies by means of a regulation. In the event of any doubts as to whether a given case should be classified into the category of specific matters, the principle of exclusivity of the Act applies.

scholarly journals Pierādījumu pārbaude kriminālprocesā

2021 ◽  
pp. 550-559
Author(s):  
Oskars Kulmanis ◽  
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Criminal Cases ◽  
National Courts ◽  
European Court ◽  
The Supreme Court ◽  
Court Proceedings ◽  
The Republic ◽  
The Right ◽  
Court Hearing

The article addresses specific aspects of the principle of equality of arms, which is one of the fundamental principles that secures the rights of an accused person in court proceedings in criminal cases. It outlines one particular aspect laid down in Article 6 § 3 (d) of the European Convention of Human Rights, that is, the right of an accused person to examine witnesses against him. Another important aspect which concerns the rights of an accused person to examine the witnesses against him is an obligation for the national courts to justify convictions with the evidence verified in a court hearing. The Supreme Court of the Republic of Latvia and the European Court of Human Rights have emphasized several important practices of principle of fair trial which determine the justification of convictions with the evidence that has not been verified in court proceedings in criminal cases.

scholarly journals Particular Complaints Concerning Cessation of Industrial Property Rights

2020 ◽  
Vol 8 (1) ◽  
pp. 139-151
Author(s):  
Karol Bator
Keyword(s):  
Property Rights ◽  
Trade Mark ◽  
Patent Office ◽  
Industrial Property ◽  
Constitutional Principle ◽  
Civil Proceedings ◽  
Court Proceedings ◽  
The Republic ◽  
New Institutions ◽  
The Right

In the present article the author analyses new institutions of civil law, ie. particular complaints concerning cessation of protection rights for a trade mark or registration rights for an industrial model. These complaints constitute a hybrid of mutual complaints and of cases concerning invalidation of protection rights for a trade mark or registration rights for an industrial model or declaration of expiry of protection rights for a trade mark. In the key part of the article the author presents lack of precision of new regulations concerning suspension of civil proceedings due to similar proceedings pending before the Patent Office of the Republic of Poland. In this respect, the author presents the new regulations interpretation risk, which may lead to unnecessary lengthening of court proceedings in consequence infringing the constitutional principle of honest proceedings and the right to have your case recognized without unjustifiable delay. Besides, the author postulates such de lego ferenda change of regulations that the obligation to suspend civil proceedings will take place only, when the scopes of requests of the particular complaint and the request to the Patent Office will influence each other. At the end, the author presents issues of premises of registration capacity both trade marks and industrial models and premises for declaration of expiry of protection rights for a trade mark. In this respect he gives particular attention to the necessity for application by courts not only the regulations of the presently in force act Industrial property law, but also already repealed provisions of the said act as well as repealed other laws. The author explains that statutory conditions of registration capacity of industrial property rights should be applied according to laws in force at the date of application for protection of the given exclusive right.

scholarly journals Ograniczenia dopuszczalności złożenia wniosku o przyznanie prawa pomocy przed sądem administracyjnym

2020 ◽  
pp. 87-108
Author(s):  
Robert Talaga
Keyword(s):  
Fair Trial ◽  
Access To Justice ◽  
Judicial Control ◽  
Court Proceedings ◽  
The Republic ◽  
The Moment ◽  
Definition Of ◽  
The Individual ◽  
The Right ◽  
Formal Requirements

The right to a fair trial remains a common heritage of European legal culture. Such a standard has been guaranteed under the functioning system of human rights. Equally, the right to a fair trial was confirmed in the Constitution of the Republic of Poland. It does not mean unlimited access to justice without bearing the costs of the initiated proceedings. As a result, mechanisms were created to bear the costs of proceedings and to release certain categories of citizens from such an obligation. In proceedings before administrative courts, it is possible to apply for the right to assistance in order to maintain the right to judicial control of public administration activities. However, the relevant request from the person involved is subject to certain formal requirements. Among other things, it should be submitted using the appropriate official form, and the information contained therein may also indicate the manner in which the request was submitted. An application for granting the right to assistance may be submitted in the course of court proceedings or before their initiation. However, such a statutory definition of the moment for submitting an application for the right to assistance requires clarification. In fact, such a requestcannot be made before the individual has been entitled to submit the appropriate appeal to the administrative court. Failure to comply with such a requirement results in the fact that the application submitted for the right to assistance does not generate any legal effects. A person applying for aid from the state is not yet obliged to bear court costs. There is also no need to provide such persons with professional legal assistance in proceedings before administrative authorities. This situation makes it impossible to grant the right to assistance due to the systemic limitations. In effect, such a procedure under the application for granting the right to assistance is discontinued as being deemed redundant. Moreover, premature submission of an application for the right to assistance may also reveal additionally that the substantive examination of the complaint or objection is inadmissible.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

QUO VADIS HUKUM ISLAM (ANTARA IDEALITAS DAN REALITAS INDONESIA)

2020 ◽  
Vol 8 (2) ◽  
pp. 97-108
Author(s):  
Dinda Izzati
Keyword(s):  
Political Rights ◽  
Right To Life ◽  
Economic Rights ◽  
Christian Communities ◽  
Basic Assumptions ◽  
Eastern Indonesia ◽  
The Republic ◽  
Quo Vadis ◽  
The Right

Evidently, a few months after the Jakarta Charter was signed, Christian circles from Eastern Indonesia submitted an ultimatum, if the seven words in the Jakarta Charter were still included in the Preamble to the 1945 Constitution, then the consequence was that they would not want to join the Republic of Indonesia. The main reason put forward by Pastor Octavian was that Indonesia was seen from its georaphical interests and structure, Western Indonesia was known as the base of Islamic camouflage, while eastern Indonesia was the basis for Christian communities. Oktavianus added that Christians as an integral part of this nation need to realize that they also have the right to life, religious rights, political rights, economic rights, the same rights to the nation and state as other citizens, who in fact are mostly Muslims. This paper aims to determine and understand the extent to which the basic assumptions of the Indonesian people view the role of Islam as presented in an exclusive format.

The Role of Nurses in the Implementation of Patient Safety and Protection of Patient Rights at the Rahayu Yakkum Purwodadi Hospital

SOEPRA ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 254
Author(s):  
Christina Nur Widayati ◽  
Endang Wahyati Yustina ◽  
Hadi Sulistyanto
Keyword(s):  
Health Care ◽  
Patient Safety ◽  
Codes Of Conduct ◽  
Rights Protection ◽  
Patient’S Rights ◽  
Nurses Role ◽  
The Republic ◽  
The Right ◽  
Service Standards

Patient Safety was the right of a patient who was receiving health care. A nurse was one of the health professionals in a hospital having a very important role in realizing Patient Safety. In realizing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had involved the role of the nurses. In carrying out their role the nurses could support the protection of the patient’s rights. The nurses performed health care by conducting six Patient Safety goals that were based on professional standards, service standards and codes of conduct so that the Patient Safety would be realized.This research applied a socio-legal approach to having analytical-descriptive specifications. The data used were primary and secondary those were gathered by field and literature studies. The field study was conducted by having interviews to, among others, the Director of Panti Rahayu Yakkum Hospital of Purwodadi, Head of Room and Chairman of Patient Safety Committee, nurses and patients. The data were then qualitatively analyzed.The arrangement of nurses’ role in implementing Patient Safety and the patient’s rights protection was based on the Constitution of the Republic of Indonesia of 1945, Health Act, Hospital Act, Labor Act, and Nursing Act. These bases made the hospital obliged to implement Patient Safety. The regulations leading the hospital to provide Patient Safety were Health Minister’s Regulation Nr. 11 of 2017 on Patient Safety, Statute of Panti Rahayu Yakkum Hospital of Purwodadi (Hospital ByLaws), Internal Nursing Staff ByLaws. In implementing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had established a committee of Patient Safety team consisting of the nurses that would implement six targets of Patient Safety. Actually, the Patient Safety implementation had been accomplished but it had not been optimally done because of several factors, namely juridical, social and technical factors. The supporting factors in influencing the implementation were, among others, the establishment of the Patient Safety team that had been well socialized whereas the inhibiting factors were limitedness of time and funds to train the nurses besides the operational procedure standard (OPS) that was still less understood. Lack of learning motivation among the nurses also appeared as an inhibiting factor in understanding Patient Safety implementation.

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