Wniosek o sporządzenie uzasadnienia wyroku sądu I instancji na tle zmian kodeksu postępowania karnego

2029 ◽  
pp. 239-247
Author(s):  
Krystyna Szczechowicz
Keyword(s):  
Criminal Procedure ◽  
Criminal Trial ◽  
The Way

The author discusses the problems of linking the application for the justification of the judgment with the scope of its appeal against the background of amendments to the Code of Criminal Procedure. The request to prepare in writing and to provide the justification of the judgment is of particular importance in the criminal trial, it opens the way to appeal against the decision. Changes in the regulation, in particular the wording of art. 422 § 2 k.p.k. cause that this activity is even more important to shape the boundaries of the case in the appeal instance than the previous one. Submission of an application for justification of the judgment partly gives the court the power to limit the scope of justification.

scholarly journals ACTUAL QUESTIONS ABOUT INVESTIGATOR'S WORK IN LATVIAN CRIMINAL PROCEDURE

2017 ◽  
Vol 3 (80) ◽  
pp. 39
Author(s):  
Marina Sumbarova
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Educational Process ◽  
Criminal Trial ◽  
Criminal Trials ◽  
Criminal Procedure Law

In this article author considers the questions connected with activity of the investigator at investigation of crimes, gives the characteristic of his procedural activity, defines his legal status in Latvian criminal procedure, characterizes important functions that this participant of criminal trial has. Along with consideration of a legal status of the investigator in criminal trial of Latvia, the analysis of the relevant procedural characteristics connected with investigation of criminal trials has determined the scientifically based directions in modern educational process of Latvia by training of specialists lawyers and, in particular, investigators. As a results of a research are given offers to change separate standards of the Criminal procedure law.

Prosecutors and their Legislatures, Legislatures and their Prosecutors

2021 ◽  
pp. 326-350
Author(s):  
Russell M. Gold
Keyword(s):  
Criminal Law ◽  
Separation Of Powers ◽  
State Level ◽  
Criminal Procedure ◽  
The State ◽  
Institutional Incentives ◽  
Fiscal Pressure ◽  
Meaningful Data ◽  
The Way

This chapter explores the often-pathological relationship between prosecutors and legislatures and considers fiscal pressure as an important antidote to the pathology. Institutional incentives between prosecutors and legislatures align in a way quite different than the classic separation of powers story. Rather, legislatures are well served to empower prosecutors as much as possible by making criminal law broad and deep. And with respect to substantive criminal law, prosecutors have been enormously empowered. Prosecutors are not merely passive recipients of such power but indeed actively lobby for it—often quite successfully. But fiscal pressures can provide a cross-cutting pressure for legislatures, particularly at the state level where many governments must balance their budgets. Thus, sentencing law sometimes finds legislatures refusing prosecutors’ requests for ever longer or mandatory minimum sentences because longer sentences are expensive; this is especially true where sentencing commissions provide legislatures with meaningful data on costs of particular proposals. Criminal procedure has recently found progressive prosecutors leading the way toward defendant-friendly reforms such as using unaffordable money bail less frequently and providing defendants with more discovery than is required by law. In these spaces, county prosecutors have provided laboratories of experimentation that led the way toward broader statewide reforms.

scholarly journals Crime Stories: Posnerian Pragmatism, Rawlsian Pure Procedural Justice, and the Fictional Problem

2004 ◽  
Vol 9 (2) ◽  
pp. 644-654 ◽  
Author(s):  
John R Morss
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Procedure ◽  
Criminal Trial ◽  
Double Jeopardy ◽  
Past Event ◽  
Crime Stories

[There are many different ways in which law and truth may be said to be related. It is perhaps in the criminal trial that connections between them are of most signifi- cance. An orthodox way of describing a criminal trial is that the criminal procedure is seeking to establish the truth concerning some past event, and that success of the procedure is measured by how close its outcome converges with that truth. Crimi- nal justice presents the community with challenging dilemmas in this regard, such as those arising from the notion of double jeopardy. This paper discusses the Rawl- sian notions of ‘imperfect’, ‘perfect’ and ‘pure’ procedural justice, and suggests against Rawls that it is pure procedural justice that best represents what we want from a criminal justice system. Good procedure makes good criminal law. A com- parison is made with the writings of Habermas and Posner, and given that pure procedural justice eschews transcendental truths, some brief comments are made on the convergence of that position with the realm of the fictional.] 

scholarly journals About an Ethical Interpretation of the Law. Resolution of the Civil Action during the Criminal Trial

2020 ◽  
Vol 4 (1) ◽  
pp. 31-43
Author(s):  
Florin Octavian Barbu ◽  
◽  
Claudiu Gabriel Neacșu ◽  
Keyword(s):  
Social Ethics ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Criminal Trial ◽  
Criminal Investigation ◽  
Civil Justice ◽  
Criminal Proceedings ◽  
Civil Action ◽  
Current Regulation ◽  
Procedure Code

From the provisions of art. 25 para. 1 and art. 397 para. 1 of the Criminal Procedure Code, as in the previous regulation, it results that the legislator took into account an element not only of civil justice, but also of social ethics, when it was established that the criminal court also rules, through the same decision, on the action civil. Basically, the two provisions stated above express the same idea, although this repetition was not absolutely necessary. From the current regulation of solving the civil action during the criminal trial, we notice that the legislator has maintained a series of general principles such as: cases of ex officio settlement of the civil action, dependence of the civil action on the way the criminal action is settled, the disjunction of the civil action from the criminal proceedings, the failure to resolve the civil action as a distinct procedure from that of admitting or rejecting the civil action, resolving the civil action only by the court, and the interdiction to resolve it during the criminal investigation, which, however, were adapted to a new legislative vision.

scholarly journals The Right to Appeal in Indictable Cases: A Legislative History

1969 ◽  
pp. 446 ◽  
Author(s):  
Vincent M. Del Buono
Keyword(s):  
Criminal Procedure ◽  
Legislative History ◽  
History Of ◽  
The Right ◽  
The Way

The author traces the history of criminal appeals legislation in Canada from the Crown Cases Act of 1848 to the present. Through his analysis he illustrates the various forces giving rise to change and amendment, with special emphasis on the strong and often inappropriate influence of British legislation. In addition, the author examines the aim of national uniformity in criminal procedure, and the way in which appeals legislation has fostered this aim.

scholarly journals Hung out to dry? Questioning the legality of Southland baby-farmer Minnie Dean's 1895 murder trial and execution

2021 ◽  
Author(s):  
◽  
Sophie Davis
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Death Penalty ◽  
Criminal Procedure ◽  
Criminal Trial ◽  
Legal Standards ◽  
Murder Trials ◽  
Murder Trial ◽  
The Moment ◽  
To Receive

<p>In 1895 Minnie Dean became the only New Zealand woman to receive the death penalty. In the Invercargill Supreme Court she was found guilty of the murder of Dorothy Edith Carter, a child Minnie had recently adopted, who was found buried in her garden alongside two other infants. Branded a vindictive baby-farmer, Minnie Dean was widely condemned by the New Zealand press and public during the four months between her arrest and execution. This paper will assess whether, amongst the mania, Minnie was afforded a fair criminal trial and sentencing. It will be argued that while Minnie’s fate was largely predetermined from the moment of her arrest, against 1895 legal standards, correct criminal procedure was generally followed. Despite this, when comparing her trial and sentencing with contemporaneous murder trials, it is evident that Minnie Dean received no procedural clemency.</p>

scholarly journals Hung out to dry? Questioning the legality of Southland baby-farmer Minnie Dean's 1895 murder trial and execution

2021 ◽  
Author(s):  
◽  
Sophie Davis
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Death Penalty ◽  
Criminal Procedure ◽  
Criminal Trial ◽  
Legal Standards ◽  
Murder Trials ◽  
Murder Trial ◽  
The Moment ◽  
To Receive

<p>In 1895 Minnie Dean became the only New Zealand woman to receive the death penalty. In the Invercargill Supreme Court she was found guilty of the murder of Dorothy Edith Carter, a child Minnie had recently adopted, who was found buried in her garden alongside two other infants. Branded a vindictive baby-farmer, Minnie Dean was widely condemned by the New Zealand press and public during the four months between her arrest and execution. This paper will assess whether, amongst the mania, Minnie was afforded a fair criminal trial and sentencing. It will be argued that while Minnie’s fate was largely predetermined from the moment of her arrest, against 1895 legal standards, correct criminal procedure was generally followed. Despite this, when comparing her trial and sentencing with contemporaneous murder trials, it is evident that Minnie Dean received no procedural clemency.</p>

scholarly journals The position of victims in Serbia: Criminal procedure and possibilities of restorative justice

Temida ◽  
2006 ◽  
Vol 9 (1) ◽  
pp. 67-75 ◽  
Author(s):  
Vesna Nikolic-Ristanovic ◽  
Sanja Copic
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Support Service ◽  
Point Of View ◽  
The Other ◽  
Victim Support ◽  
The One ◽  
The Way

In the paper, the authors deal with the victim"s position in the criminal procedure, on the one hand side, and the possibilities of implementing restorative justice and its importance for the improvement of victim"s position in Serbia, on the other one. In the first part of the paper, the authors point out victim"s position within the criminal procedure and the noticed gaps, which are particularly reflected in insufficient paying attention to the victim and neglecting of his/her rights and needs. This is opposite to the strengthening of the rights of the accused party that characterizes societies, which are, as our society, on the way of democratization and improvement of human rights. In the second part of the paper, the authors analyze some solutions that introduce elements of restorative justice into our system of criminal response to crime, but from the victim"s point of view. Finally, the authors also point out some further steps that should be undertaken in order to improve the victim"s position, particularly emphasizing the place and role of victim support service, witness service and special facilities in the courts for victims/witnesses, possibilities of using victim-offender mediation before reporting the crime, or staring the prosecution, or as a part of the treatment in the prison etc.

Sign in / Sign up

Export Citation Format

Share Document