scholarly journals Przyznanie się do winy jako warunek zakończenia sprawy w konsensualnym modelu procesu sądowego

2021 ◽  
Vol 27 (1) ◽  
pp. 173-183
Author(s):  
Marta Pustuła
Keyword(s):  
Criminal Procedure ◽  
Plea Bargaining ◽  
Primary Condition ◽  
Court Proceedings

The aim of the following article is to consider the possibility of accepting the admission of guilt by the defendant as the primary condition for conclusion of the court proceedings in all consensual modes of trial as delineated by the Code of Criminal Procedure. The article contests the validity of the criterion of the seriousness of the act, which has been established by the legislator for the purposes of distinguishing a separate consensual model of court proceedings. At the same time, the article aims to consider whether it would be more reasonable to broaden the possibility of plea bargaining to include all cases, regardless of the seriousness of the act, if the defendant pleads guilty. Moreover, the author considers the prerequisites for sentencing without court proceedings, provided for under Article 335 § 1 of the Code of Criminal Procedure, including the assessment of the defendant’s own account in the context of all evidence collected in the investigation.

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 La conformidad: Negociar, pactar, rebajar y... ¿Renunciar a derechos para agilizar el proceso?

2021 ◽  
Vol 8 ◽  
pp. 266-322
Author(s):  
Francesc Ordóñez Cádiz ◽  
Keyword(s):  
Justice System ◽  
Criminal Procedure ◽  
Plea Bargaining ◽  
Fundamental Rights ◽  
Procedure Code ◽  
The Usa ◽  
Procedural Facilitation

This work aims to analyze the conformity in the Spanish procedural system. But not exclusively. It pretends that the reader gets an idea that even though the conformity (as well as other forms of negotiated justice) is an advantageous and agile solution, also has a more uncertain side since it implies wavering guarantees and fundamental rights. Without disregarding the negotiations that take place (mainly, in the USA) that can be constraining to extremes that are hardy ethical or not at all. Not everything is acceptable for facilitating the process. This study will allow us to verify the problems of the justice system (slowness and congestion), as well as to analyze an instrument of procedural facilitation such as the conformity, to review its functioning, and for understanding what happens in the USA and in Chile, countries that have been chosen because the former is a conformity-based system, and the latter has an important Criminal Procedure Code and aims at distancing from the plea bargaining.

Execution of a Sentence in the Structure of Criminal Proceedings: Procedural Stage or Special Court Proceedings?

2020 ◽  
Vol 1 ◽  
pp. 97-106
Author(s):  
V. V. Nikolyuk ◽  
◽  
L. A. Pupysheva ◽  
Keyword(s):  
Supreme Court ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Self In Relation ◽  
The Supreme Court ◽  
Court Proceedings

The article analyzes the concept of execution of a sentence as an independent stage of the criminal process (the stage of criminal proceedings). Arguments are given that point to its certain illogicality and inconsistency. The authors on the basis of existing legislation and taking into account the positions of Plenum of the Supreme Court additionally reasoned and substantiated the thesis of the existence of the criminal process self in relation to a criminal case of criminal procedure, regulated by Chapter 47 of the Code of criminal procedure.

2. Between the crime and the court

2015 ◽  
pp. 18-38
Author(s):  
Julian V. Roberts
Keyword(s):  
Plea Bargaining ◽  
Court Proceedings ◽  
Public Disorder

‘Between the crime and the trial’ discusses the procedures undertaken by the police and prosecution services after a crime has taken place and before court proceedings begin. Out of court disposals can be used for less serious crimes and where the allegations are not contested. Police may issue ‘on the spot’ fines for public disorder or impose conditional cautions. Failure to comply with the conditions will trigger prosecution. After an arrest, the prosecution guides the proceedings. Pre-trial developments include decisions on whether to: charge the defendant; bail them or remand them to custody; negotiate justice through plea bargaining; or offer to reduce the sentence if the accused will plead guilty.

scholarly journals Tracing the Instances of Plea Bargaining in the Lithuanian Criminal Justice System

Teisė ◽  
2018 ◽  
Vol 106 ◽  
pp. 130-143
Author(s):  
Simona Garbatavičiūtė
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Plea Bargaining ◽  
The Republic ◽  
Penal Order

This Article aims to overview procedural grounds in the Lithuanian criminal justice system that relate to the concepts of simplified and negotiated justice, in particular to the concept of plea bargaining. Specifically, the research seeks to examine the procedures of simplified examination of evidence in court, accelerated proceedings and the procedure of penal order as foreseen in the Code of Criminal Procedure of the Republic of Lithuania (hereinafter referred to as the CCP). This research aims to highlight similarities between the aforementioned procedures and the concept of plea bargaining.

scholarly journals Sticking to the Old Ways in the Plea-Bargaining Process: Some evidence from Malaysia

2020 ◽  
Vol 5 (SI1) ◽  
pp. 225-230
Author(s):  
Zaiton Hamin ◽  
Mohd Bahrin Othman ◽  
Ahmad Ridhwan Abd Rani
Keyword(s):  
Qualitative Methodology ◽  
Publishing House ◽  
Secondary Data ◽  
Criminal Procedure ◽  
Plea Bargaining ◽  
Primary Data ◽  
Criminal Cases ◽  
Bargaining Process ◽  
International Publishing ◽  
The Law

In Malaysia, the plea-bargaining process was formalized in 2010 with the amendment to the Criminal Procedure Code 1976, which was intended to reduce the number of criminal cases that could be resolved at the pre-trial stage. However, the law in action does not appear to be in line with the law in the statute book. Hence, this paper aims at examining the reality of the plea-bargaining process and the extent of the applications in Malaysia. This paper adopts a qualitative methodology, of which the primary data is obtained from semi-structured while the secondary data obtained from library-based sources.    Keywords: Plea-Bargaining Process; Criminal Procedure; Prosecutor; Defence Counsel.    eISSN: 2398-4287 © 2020. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.   DOI: https://doi.org/10.21834/ebpj.v5iSI1.2324

scholarly journals Criminal legal basis for an expedited trial procedure provided by the chapter 40 of the Russian Criminal Procedure Code

2021 ◽  
Vol 5 (2) ◽  
pp. 192-208
Author(s):  
A. V. Boyarskaya
Keyword(s):  
Criminal Law ◽  
System Analysis ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Court Ruling ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Procedure Code ◽  
Court Proceedings

The subject of study is the criminal-legal basis for an expedited procedure for adopting a court ruling when the accused person agrees with the charge. These issues are relevant, since in July 2020 the substantive legal basis of the expedited procedure in Russia was changed and now this procedure can only be applied in criminal cases of small and medium gravity.The aim of this work is to study the substantive legal basis of an expedited procedure of litigation from the point of view of the changes were made to it. The author expresses the thesis that the legislators did not quite reasonably link criminal-legal grounds of the expedited procedure with the system of categories of crimes.The methodology. The author used general scientific methods (dialectical, historical, methods of formal logic, system analysis) as well as method of formal legal interpretation of Russian Criminal Code and judicial decisions of Russian courts.The main results, scope of application. The criminal and legal basis of certain criminal procedure is a package of criminal law standards, for the implementation of which a certain criminal and procedural form is intended. The parameters of the substantive basis of criminal proceedings are set with the signs that shall be indicated in the Code of Criminal Procedure and may change. It directly refers to the expedited procedure for adopting a court ruling, by Chapter 40 of the Russian Criminal Procedure Code. Initially, it was assumed that the application of this procedure is permissible in criminal cases concerning crimes the punishment for which does not exceed 5 years imprisonment in accordance with the Russian Criminal Code. The expedited court proceedings began to be applied in criminal cases concerning crimes, the punishment for which does not exceed 10 years imprisonment in accordance with the Russian Criminal Code, since 2003. The Russian Supreme Court made an attempt to reduce the application of court proceedings provided by Chapter 40 of the Russian Criminal Procedure Code in 2019. It turned out to be successful. Legislators have changed the basic criterion that determines the substantive basis for an expedited procedure for adopting a court ruling. Now the system of categories of crimes is this basis. The system of categories of crimes presented in Article 15 of the Russian Criminal Code is not stable enough and is based on a set of provisions of this Code, but the sanctions for many crimes are not scientifically and practically grounded in this Code. In addition, the classification of crimes enshrined in Article 15 of the Russian Criminal Code is based on such a criterion as the nature and degree of public danger of the crime. These categories are among the most complex in the science of criminal law.Conclusions. The use of categories of crimes as a criterion for determining the criminal legal basis of the expedited procedure for making a court decision significantly complicates the application of the expedited procedure.

scholarly journals Digital Information Platforms as an Object of Normative Legal Regulation in the Sphere of Criminal Proceedings

2019 ◽  
Vol 13 (6) ◽  
pp. 873-883 ◽  
Author(s):  
Viсtor Grigoryev ◽  
Alexander Sukhodolov ◽  
Sergey Ovanesyan ◽  
Marina Spasennikova ◽  
Vladislav Tyunkov
Keyword(s):  
Large Scale ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Court ◽  
Digital Information ◽  
Criminal Proceedings ◽  
Digital Platforms ◽  
Road Map ◽  
Court Proceedings ◽  
Definition Of

While noting the general trend for the regulation of digital relations in the sphere of criminal court proceedings, the authors draw attention to the absence of a common approach to this work, or of a universal understanding of criminal procedure norms regarding digital relations, as well as to the drawbacks in preparing new norms that regulate digital relations. Problems connected with the regulation of electronic processes are not specific for Russia only. Laws of some countries do not recognize evidence obtained electronically, and view it as secondary. The results of implementing the road map of digital economy and the approaches to the definition and typification of digital platforms are the basis for laying the foundations of the criminal proceedings’ digitization in Russia. Large-scale growth of innovations for the platforms and an increasing complexity of their architecture enable the solution of a new research task — the spread of digital platforms to various sectors, in this case, to the sphere of criminal proceedings. The authors use the definition of a digital platform approved by the Russian Governmental Commission on Digital Development to formulate their own definition of a digital information platform as an object of normative legal regulation in the sphere of criminal proceedings and prove that it should belong to sectoral digital platforms. The value of the transition to the normative legal regulation of digital information systems in the sphere of court proceedings lies in the reduction of costs and the elimination of the subjective factor by using a package of digital technologies of data processing and changing the system of the division of labor while reaching the purpose of criminal justice. The authors also stress the inappropriateness of simplification and primitivism, when a criminal procedure system is mechanically viewed as a system of distributed registers (blockchain), or when digitization is used as an excuse for suggesting the abolishment of investigative departments as parasites in the digital reality where crime investigation and solution become a job for ordinary internet users.

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