scholarly journals Wyznaczanie składu orzekającego w sprawach karnych

2021 ◽  
Vol 28 (2) ◽  
pp. 75-90
Author(s):  
Zbigniew Kwiatkowski
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Criminal Cases ◽  
Life Imprisonment ◽  
Defence Counsel ◽  
The Law ◽  
A Charge ◽  
The Given

The article discusses the problem of the appointment of the adjudicating panel in criminal cases. The currently binding Code of criminal procedure introduced relevant regulations in reference to this question in Art. 351, which stipulates the following: § 1A judge or judges called on to hear the case shall be designated in line with the sequence of the cases submitted, from a roll of judges of the given court or department, known to the parties. Deviation from this rule is only allowed in the event of a judge’s illness or other important obstacle, which should be noted in the order designating the date of hearing. § 2 When an indictment includes a charge for a crime carrying a penalty of 25 years of deprivation of liberty or a life imprisonment, designation of the panel to hear the case shall, on a motion from the defence counsel or state prosecutor, be carried out by drawing lots at which they shall have a right to be present. The state prosecutor may bring the motion not later than within 7 days after the submission of the indictment, and a defence counsel, within 7 days from when the indictment was served on him. § 3 constitutes act-of-law delegation for the minister of justice for the issuing of the regulation in order to determine the detailed principles of designating the panel to hear cases by drawing lots. Such a regulation was issued on 2 June 2003 r. (Dz.U. of 2003, No 107, item no. 1007). The regulation which was quoted was developed with article 1 point 81 of the act of law issued on 11 March 2016 about the change of the act of law – the Code of the criminal procedure and some other acts of law (Dz. U. of 2016, Item no. 437), but in reality it did not come into force at all, for it was derogated with Article 4 point 1 of the act of law issued on 12 July 2017 about the change of the act of law – The law on the system of common courts and some other acts of law (Dz. U. of 2017, Item no. 1452). On the basis of Art. 41 Par. 1 of the act of law issued on 27 July 2001 – The law on the system of common courts in reference to Art. 20 of the aforementioned act of law issued on 12 July 2017 which amended the law on the system of common courts. The Minister of Justice, by issuing a regulation on 28 December 2017, changed the theretofore binding rules and regulations concerning the operation of common courts (Dz. U. of 2017, Item no. 2481) and determined therein the comprehensive rules as to the allocation of cases to the particular judges by drawing lots, the classification of cases into the particular categories and the principles of the establishment of multi-person panels.

scholarly journals RETURNS OF ASSETS IN CORRUPTION CRIMINAL ACTS AS ALTERNATIVE RESTORING STATE LOSSES

2020 ◽  
Vol 2 (1) ◽  
pp. 27-34
Author(s):  
Komang Ekayana
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
The State ◽  
Recovery Model ◽  
Formal Approach ◽  
The Rule Of Law ◽  
Asset Recovery ◽  
Criminal Procedure Law ◽  
The Law

Corrupted state assets certainly hurt the country narrowly, but also broadly where it harms the country and its people. However, the formal approach through the current criminal procedure law has not been able to recover the losses suffered by the state. In fact, state losses resulting from corruption are state assets that must be saved. Then there needs to be a new breakthrough to recover state losses through the asset recovery model. When looking at the country from the perspective of the victims, the state must obtain protection, in this case recovery from the losses suffered due to corruption. This paper examines the model of returning assets resulting from corruption in the law enforcement process that focuses on the rule of law in the 2003 UNCAC Convention and the mechanism of returning state assets in terms of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crimes. 

Definition and content of the right to freedom of conscience

2021 ◽  
Vol 66 (05) ◽  
pp. 145-148
Author(s):  
Ниджат Рафаэль оглу Джафаров ◽  
Keyword(s):  
Human Rights ◽  
Human Behavior ◽  
The State ◽  
Human Beings ◽  
Freedom Of Conscience ◽  
Key Words Human ◽  
The People ◽  
The Law ◽  
The Right

It can be accepted that the classification of human rights, its division, types, and groups, is of particular importance. The syllogism for human rights can be taken as follows: law belongs to man; human beings are the highest beings on earth like living beings. Therefore, the regulation prevails. The right to freedom is conditional. Man is free. Consequently, human rights are dependent. Morality is the limit of the law. Morality is the limit and content of human actions. Therefore, the law is the limit of human activities. Morality is related to law. Law is the norm of human behavior. Thereby, human behavior and direction are related to morality. The people create the state. The state has the right. Therefore, the right of the state is the right of the people. The state is an institution made up of citizens. Citizens have the privilege. Such blessings as Dignity, honor, conscience, zeal, honor, etc., and values are a part of morality and spiritual life. Morality is united with law. Therefore, moral values are part of the law. Everyone has the right to freedom of thought and conscience. Space is about the law. Therefore, everyone has the right to opinion and conscience. Key words: human rights, freedom of conscience, conceptuality, citizenship

scholarly journals PERANAN ALAT BUKTI DALAM PERKARA PIDANA DALAM PUTUSAN HAKIM MENURUT KUHAP

Yuridika ◽  
2017 ◽  
Vol 32 (1) ◽  
pp. 17
Author(s):  
Bastianto Nugroho
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
The State ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Examination Process

The trial of a criminal case is to find out whether a criminal offense has occurred in an event, therefore in the most important criminal proceedings the proceedings are proved. Evidence is a problem that plays a role in the examination process in court because with this proof is determined the fate of a defendant. The legal function in the State of Indonesia is to regulate the order of society in the life of the nation and the state, whereas the violation of the law itself is an event that must exist in every society and is impossible to be eliminated absolutely, because violation of law is an integral part of development More complex. One of the provisions governing how the law enforcement officers carry out the task in the field of repressive is the criminal procedure law which has the purpose of searching and approaching material truth, the complete truth of a criminal case by applying the provisions of criminal procedure law honestly darn precisely with The purpose of finding out who the perpetrator can be charged with is a violation of the law. 

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 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 Authority of Prosecutor as the Executor of Judge’s Decision Stating That the Evidence Is Confiscated for the State; Criminal Act in the Excise Field

2021 ◽  
Vol 8 (9) ◽  
pp. 131
Author(s):  
Corinna Patricia ◽  
Yoserwan Yoserwan ◽  
A Irzal Rias
Keyword(s):  
Criminal Procedure ◽  
Qualitative Approach ◽  
The State ◽  
Primary Data ◽  
Court Decisions ◽  
Criminal Cases ◽  
Regional Office ◽  
Procedure Code ◽  
Executive Authority ◽  
Directorate General

The objectives of the current study are: 1) to identify and analyze the authority of prosecutor as the executor of judge’s decision on the spoils resulting from criminal act of excise, 2) to find out and analyze the arrangements regarding the coordination of the prosecutor as the executor with the Director of Enforcement and Investigation/ Head of the Regional Office of the Directorate General of Customs and Excise related to the execution of the judge’s decision stating that the evidence is confiscated for the state in criminal act in the excise field. This study applies a qualitative approach and uses secondary and primary data as support. The results of the study show that: (1) the executive authority of the prosecutor to carry out court decisions that have permanent legal force in criminal cases is regulated in Articles 270 to 276 of the Criminal Procedure Code. The provisions of Article 270 of the Criminal Procedure Code are in line with the provisions described in Article 54 paragraph (1) of Law No. 48 of 2009 concerning Judicial Powers that the implementation of court decisions in criminal cases is carried out by prosecutor. Then, the implementation of court decisions in cases of criminal acts in the excise field still refers to the Criminal Procedure Code because the Excise Law does not specifically determine the party authorized to carry out the execution of state booty in excise crimes, (2) the execution of judge’s decision stating evidence confiscated for the state in a criminal act in the excise field does not include regulations regarding the coordination of the prosecutor as executor with the Director of Enforcement/Head of Regional Office of the Directorate of Customs and Excise Enforcement and Investigation.

scholarly journals HOW MUCH MIGHT IS RIGHT? Application of Section 49 of the Criminal Procedure Act

2006 ◽  
Author(s):  
Traggy Maepa
Keyword(s):  
South African ◽  
Use Of Force ◽  
Criminal Procedure ◽  
The State ◽  
Constitutional Court ◽  
Court Ruling ◽  
The South ◽  
Standards Of Practice ◽  
The Law

In 1998 the South African parliament voted on the issue of the use of force when effecting an arrest, in order to bring standards of practice in line with the rest of the democratic world. Four years later the law still has not been signed by the state president, largely due to protests by the ministers of Justice and Constitutional Affairs and Safety and Security. The issue has been before the Constitutional Court and in May 2002, this court did what the executive was afraid to do, striking down parts of the Section and clarifying “reasonable force”. But the court ruling still did not go as far as the legislation in protecting citizens.

scholarly journals On Classification of the Powers of an Investigating Judge in Criminal Proceedings of the Kyrgyz Republic

2020 ◽  
Vol 6 (11) ◽  
pp. 350-355
Author(s):  
A. Kalygulova
Keyword(s):  
Criminal Procedure ◽  
Kyrgyz Republic ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Control ◽  
Relevant Object ◽  
Procedure Code ◽  
The Subject

The article is devoted to the issue of classification of the powers of an investigating judge in criminal proceedings of the Kyrgyz Republic. The relevance and novelty of the study is caused by the introduction of a new procedural figure of the investigating judge, who exercises judicial control in pre-trial proceedings. The powers conferred by the Criminal Procedure Code of the Kyrgyz Republic to an investigating judge are varied in content. In this regard, the issue of the classification of the powers of an investigating judge is relevant. Object of research: the procedural figure of the investigating judge. The subject of the research: the powers of the investigating judge and their division by classification. Thus, the powers of an investigating judge, provided for in Article 31 of the Criminal Procedure Code of the Kyrgyz Republic, cover not only the issues of the existence of grounds for the application and extension of measures to ensure criminal proceedings, authorization of investigative and special investigative actions, as well as the resolution of issues arising between the participants in pre-trial proceedings, including those affecting the scope of proof in criminal cases. A proposal has been made to classify the powers of an investigating judge in criminal proceedings in the Kyrgyz Republic.

scholarly journals Pre-Trial in the Criminal Justice System in Military Criminal Judges in Indonesia

2021 ◽  
pp. 1-9
Author(s):  
Sugeng Sutrisno
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Justice System ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Court System ◽  
Criminal Cases ◽  
Procedure Code ◽  
The Law ◽  
The Military

Law enforcement in the Military Court System in the settlement of criminal cases committed by TNI soldiers is seen as not yet fully guaranteeing legal protection for the rights of suspects, this is due to the absence of a control agency that oversees the actions of law enforcement officers in carrying out their duties and authorities as is the case in the system. General Court. This condition should not drag on indefinitely, because it will affect the law enforcement process and harm the suspect to fight for his rights to obtain justice which results in human rights violations (TNI soldiers). The purpose of the establishment of the Pretrial Institution is as stated in the Elucidation of Article 80 of the Criminal Procedure Code which states that this article intends to uphold law, justice, and truth through horizontal supervision. Settlement of criminal cases in Indonesia in addition to the Code of Criminal Procedure Code (KUHAP) which applies to civil society, we also recognize the existence of the Military Criminal Procedure Code which is regulated in Law Number 31 of 1997 concerning Military Courts, namely the law that regulates the procedure for resolving criminal cases. a criminal case committed by a TNI soldier. The Law on Military Courts includes the provisions of the litigation process (Military Criminal Procedure Law) starting from the investigation stage, submission of cases, the examination process at trial to the implementation of decisions. 31 of 1997 does not regulate pretrial. In several cases in the Military Court where a suspect was detained without a warrant for detention or was late in obtaining a warrant for detention, therefore such actions may conflict with the principles applicable in the provisions of criminal law so that they do not respect the position of the suspect as a creature created by God, even the act can lead to human rights violators. Therefore, in the military justice system in Indonesia, pretrial institutions are needed as a form of horizontal external supervision.

scholarly journals Procedure and conditions of life executing punishment

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Viktor Konopelskyi ◽  
Valentyna Merkulova ◽  
Oksana Hrytenko ◽  
Kateryna Pogrebna ◽  
Harehyn Muradyan
Keyword(s):  
Legal Status ◽  
System Implementation ◽  
Special Significance ◽  
Life Imprisonment ◽  
Basic Principles ◽  
Legitimate Interests ◽  
The Law ◽  
Definition Of ◽  
Disciplinary System

The article is devoted to the consideration of essence and tendencies of reforming the criminal-executive legislation of Ukraine concerning the procedure and execution and serving life imprisonment conditions. Certain debatable provisions, both theoretical and legal, concerning procedure and conditions of life service executing punishment are considered. It is proved that clarity, completeness and system-legal balance will be facilitated by the formal reproduction in the law of classification of all criminal-executive norms of Chapter 22 of the Criminal Executive Code (hereinafter–CEC) (based on a certain criterion) into norms of general and special significance, which in turn should be divided into the following subtypes. General penitentiary provisions, which determine the initial legal status of persons sentenced to life imprisonment, provide a list and features of the rights, legitimate interests, responsibilities of convicts, ways (mechanism) to comply with safe conditions of detention, etc. General penitentiary provisions, which define the basic principles for implementation of changes in detention conditions during execution and serving a sentence (essence, tasks, forms, general requirements for material grounds for application, procedural issues of progressive system implementation, definition of disciplinary system).

Sign in / Sign up

Export Citation Format

Share Document