scholarly journals Legal Regulation of the Activities of the Bodies of the National Police of Ukraine on Ensuring the Exercise of the Right to Freedom of Peaceful Assembly

2019 ◽  
Vol 86 (3) ◽  
pp. 40-54
Author(s):  
М. А. Самбор
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Legal Order ◽  
Procedure Code ◽  
The Law ◽  
Internal Affairs ◽  
The Right ◽  
Intention To Exercise ◽  
National Police

Under the conditions set out in Part 2 of Art. 19 of the Constitution of Ukraine of the legal order in Ukraine, according to which state bodies to which the National Police of Ukraine belongs, their officials are obliged to act only on the basis, within the powers and in the manner provided by the Constitution and laws of Ukraine, is usually an important issue regulatory and legal regulation of the activities of the bodies of the National Police of Ukraine on ensuring the exercise of the right to freedom of peaceful assembly. The article examines the legal acts, namely the Law of Ukraine “On the National Police”, the Criminal Procedure Code of Ukraine, the Resolution of the Cabinet of Ministers of Ukraine, as well as the departmental regulatory acts of the Ministry of Internal Affairs of Ukraine, the Head of the National Police of Ukraine regarding the right to exercise the right to freedom of peaceful assembly. However, the norms of these acts are too general to organize and ensure the exercise of the right to freedom of peaceful assembly by the National Police of Ukraine. The author believes that the adoption of a separate law on peaceful assembly should be amended accordingly to the Law of Ukraine “On Citizens’ Appeals”, which regulates the authority of the National Police of Ukraine to respond to a message about the intention to exercise the right to peaceful assembly. In addition, the proposed amendments to the Law of Ukraine “On the National Police” will fill in the gaps in the legal regulation of the powers of the National Police of Ukraine to enforce the right to freedom of peaceful assembly.

scholarly journals PASAL 54 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DALAM ELABORASI HUKUM PIDANA ISLAM

2021 ◽  
Vol 4 (1) ◽  
pp. 48-69
Author(s):  
Diah Ratri Oktavriana ◽  
Nasiri Nasiri
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Legal Service ◽  
Legal Assistance ◽  
Legal Aid ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Law ◽  
The Right

This research is a normative research. One of the fulfillment of human rights is justice in equalizing the position of every citizen before the law, as stated in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The right to equality before the law or what is commonly referred to as equality before the law is a principle that provides recognition and protection of human rights for every individual regardless of one's background. Therefore, it is true that Law Number 16 of 2011 concerning Legal Aid for People Who Are Less Capable to Guarantee Constitutional Rights of Citizens for Justice and Equality before the Law emerged. Legal aid is a legal service provided by advocates to the community seeking justice In the realm of criminal cases, the provision of legal assistance is described in Article 54 of the Criminal Procedure Code which explains that in the interests of defense, a suspect or defendant has the right to receive legal assistance from one or more legal advisers during the time and at each level of examination. The provision of legal assistance must be based on the principle of equality before the law as stated in the explanation of Law Number 8 of 1981 concerning Criminal Procedure Law. From the various analyzes that have been carried out, in the perspective of Islamic criminal law it can be concluded that the principle of equality before the law as described in Article 54 of the Criminal Procedure Code is equivalent to an order to provide legal aid which in Islamic criminal law is spelled out in Surah Al-Maidah verse 2 which states that as a fellow humans are ordered to help each other as a form of horizontal worship to fellow humans (habl minan-nas). In addition there are many more both in the Al Qur'an and the hadith of the prophet regarding the application of the principle of equality before the law.

ELECTRONIC CRIME INCIDENT REPORT AS A REASON TO INITIATE A CRIMINAL CASE (THE COMPARATIVE ANALYSIS OF LEGAL REGULATION IN THE NORMATIVE ACTS OF THE RUSSIAN MINISTRY OF INTERNAL AFFAIRS AND THE RF CRIMINAL PROCEDURE CODE)

2021 ◽  
pp. 44-50
Author(s):  
P. A. Samoylov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Electronic Interaction ◽  
Incident Report ◽  
Procedure Code ◽  
The Russian Federation ◽  
Internal Affairs ◽  
Electronic Crime ◽  
Crime Reports

The integration and active application of electronic document flow to the daily activities of the police have consistently and logically led to the fact that the electronic crime incident report is increasingly used as a reason to initiate criminal cases. The departmental normative legal acts of the Ministry of Internal Affairs of Russia regulate in detail the processing of such reports. However, under the RF Criminal Procedure Code, not all electronic crime reports registered by the Departments of Internal Affairs meet the established requirements, and, accordingly, they can not perform the function of a criminal procedural cause. In this situation, with the obvious relevance of electronic documents, an example of a contradiction and gap in the law is evident, which somewhat hinders the development of electronic interaction between the participants of criminal procedural activity and can cause negative consequences. The paper analyzes and compares the provisions of some normative sources regulating the reception and consideration of electronic crime reports by the Departments of Internal Affairs of the Russian Federation and the norms of criminal procedural legislation. The author critically evaluates the legal definitions of the concept of a crime incident report and some organizational and legal mechanisms for accepting and considering electronic crime reports established by the departmental legal acts of the Ministry of Internal Affairs of the Russian Federation. The study highlights and clarifies the rules of filing, mandatory requisites, and some other requirements for electronic crime reports, which must be complied with according to the provisions of the criminal procedure code. Based on the data obtained, the author offers recommendations to improve criminal procedural law and the algorithm of accepting electronic crime reports using the official websites of the Departments of the Ministry of Internal Affairs of the Russian Federation.

scholarly journals SOME LEGISLATIVE STEPS TO INCREASE THE EFFICIENCY OF THE IMPLEMENTATION OF THE CRIMINOLOGICAL POLICY OF THE STATE IN THE ACTIVITIES OF CERTAIN BODIES

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 23-30
Author(s):  
Н. С. Сидоренко
Keyword(s):  
Criminal Justice ◽  
Crime Prevention ◽  
Criminal Procedure ◽  
The State ◽  
Security Service ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Status ◽  
The Law ◽  
National Police

The relevance of the article is that to obtain the status of mandatory for implementation, these conceptual provisions must be enshrined in the relevant regulations. Therefore, in order to increase the effectiveness of the criminological policy of the state in the activities of individual bodies of criminal justice, it is necessary to search for ways to improve the legislative mechanism of its implementation. The purpose of the article is to find legislative steps to improve the implementation of criminological policy of the state in the activities of individual bodies of criminal justice. Some legislative steps to increase the effectiveness of the implementation of criminological policy of the state in the activities of certain bodies of criminal justice. The search for legislative steps to increase the effectiveness of the implementation of criminological policy of the state in the activities of certain bodies of criminal justice. It is concluded that in the current CPC of Ukraine there are no direct rules authorizing the criminal justice authorities to prevent activities. First of all, it concerns the identification of the causes and conditions that contribute to the commission of criminal offenses and the taking of measures within their competence to eliminate them. That is, investigators and investigators have the power to identify and eliminate the causes and conditions of crime, according to the Law of Ukraine "On the National Police", and the mechanism for exercising this power, which should be contained in the CPC of Ukraine, is absent. To increase the effectiveness of the implementation of criminological policy of the state it is advisable, in particular: in Article 1, Part 2 of Article 9, para. 3 part 1 of Art. 22 of the Law of Ukraine "On the National Police" to replace the phrase "combating crime" with "crime prevention". In addition, in Article 2 of the same Law, one of the tasks of the police, instead of "combating crime", it is desirable to define "crime prevention"; The Law of Ukraine “On the Security Service of Ukraine” should be supplemented with guarantees regarding non-interference in the activities of SBU employees as follows: “Any written or oral instructions, requirements, instructions, etc. addressed to the Security Service of Ukraine or its employees proceedings and not provided for by the Criminal Procedure Code of Ukraine, are illegal and not enforceable. In case of receiving such instructions, requirements, instructions, etc., the employee of the Security Service of Ukraine shall immediately inform the head of the Security Service of Ukraine in writing".

scholarly journals Protections for vulnerable accused in Malaysian criminal trials: Are they sufficient? Proposal for reform

2021 ◽  
Author(s):  
◽  
Naziah Mohd Alias
Keyword(s):  
Criminal Procedure ◽  
Fair Trial ◽  
Criminal Trial ◽  
Proper Treatment ◽  
Criminal Trials ◽  
Support Person ◽  
Procedure Code ◽  
The Law ◽  
The Right

<p>This dissertation argues that the protections for vulnerable accused in Malaysian criminal trials are not sufficient. It is crucial to ensure that vulnerable accused receive proper treatment when dealing with the court. After thoroughly scrutinising the law and practice in several other jurisdictions, this dissertation proposes several amendments to the Criminal Procedure Code and the Evidence Act 1950 to provide clear guidelines as to how to deal with vulnerable accused in a criminal trial. It is ultimately recommended that the right to give an unsworn statement be modified so that it is more effective and fair in its operation. This dissertation further recommends the introduction of an adverse inference clause for the right to remain silent at trial so accused person can better understand the effect of their choice. Recommendations are also made to introduce an intermediary service for those vulnerable accused who choose to give sworn evidence in court, and to allow a support person to accompany a vulnerable accused during trial. These amendments aim to assist vulnerable accused persons physically and emotionally, and to protect their fair trial rights.</p>

scholarly journals Protections for vulnerable accused in Malaysian criminal trials: Are they sufficient? Proposal for reform

2021 ◽  
Author(s):  
◽  
Naziah Mohd Alias
Keyword(s):  
Criminal Procedure ◽  
Fair Trial ◽  
Criminal Trial ◽  
Proper Treatment ◽  
Criminal Trials ◽  
Support Person ◽  
Procedure Code ◽  
The Law ◽  
The Right

<p>This dissertation argues that the protections for vulnerable accused in Malaysian criminal trials are not sufficient. It is crucial to ensure that vulnerable accused receive proper treatment when dealing with the court. After thoroughly scrutinising the law and practice in several other jurisdictions, this dissertation proposes several amendments to the Criminal Procedure Code and the Evidence Act 1950 to provide clear guidelines as to how to deal with vulnerable accused in a criminal trial. It is ultimately recommended that the right to give an unsworn statement be modified so that it is more effective and fair in its operation. This dissertation further recommends the introduction of an adverse inference clause for the right to remain silent at trial so accused person can better understand the effect of their choice. Recommendations are also made to introduce an intermediary service for those vulnerable accused who choose to give sworn evidence in court, and to allow a support person to accompany a vulnerable accused during trial. These amendments aim to assist vulnerable accused persons physically and emotionally, and to protect their fair trial rights.</p>

scholarly journals APPLICATION BY THE PROSECUTOR OF TEMPORARY ACCESS TO THINGS AND DOCUMENTS IN THE IMPLEMENTATION OF THE CHARGE FUNCTION

2021 ◽  
Vol 74 (1) ◽  
pp. 133-142
Author(s):  
Iryna Sukhachova ◽  
Keyword(s):  
Law Enforcement ◽  
Scientific Literature ◽  
Effective Means ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Individual Treatment ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Individual ◽  
The Right

The article is devoted to one of the effective means of obtaining evidence in criminal proceedings – temporary access to things and documents, the legal regulation of which is defined in Chapter 15 of the Criminal Procedure Code of Ukraine. Attention is drawn to a number of problematic issues related to the prosecutor's use of temporary access to things and documents in the exercise of the function of prosecution, the presence of which does not ensure the effectiveness of criminal procedural evidence and the effectiveness of this institution in criminal proceedings. According to the results of the study, the author concludes that the use of temporary units to temporarily access things and documents on the basis of a prosecutor's order makes it impossible to recognize the results of such action as evidence in criminal proceedings, as they do not meet the admissibility requirement. Prosecutorial oversight in criminal proceedings should not only ensure the inevitability of criminal punishment, but also ensure proper respect for human rights in criminal proceedings, respect for the individual, treatment as a person whose guilt has not yet been proven, and ensure impartiality and objectivity of the pre-trial investigation. Based on the results of the analysis of the decisions made by the investigating judge based on the results of consideration of the petitions, the author identified the grounds for the prosecutor's refusal to satisfy these petitions by the investigating judges. It is proposed to expand the procedural powers of the prosecutor as a subject of criminal procedural evidence, giving him the right to instruct operational units to conduct not only investigative (investigative) and covert investigative (investigative) actions, but also other procedural actions. Thus, taking into account the results of the analysis of scientific literature and materials of law enforcement practice, we can conclude that it is necessary to expand the procedural powers of the prosecutor as a subject of criminal procedural evidence by stating paragraph 5 Рart 2 of Art. 36 of the Criminal Procedure Code of Ukraine in the following wording: «to instruct the investigative (search) actions and covert investigative (search) actions or other procedural actions to the relevant operational units», as well as the need to supplement Part 1 of Art. 41 of the Criminal Procedure Code of Ukraine by the authority of operational units to carry out other procedural actions on behalf of the prosecutor.

scholarly journals Comment: The Preliminary Inquiry in Ethiopia and Its Adverse Impact on the Rights of the Accused

2020 ◽  
Vol 14 (1) ◽  
pp. 150-160
Author(s):  
Wondwossen Demissie Kassa
Keyword(s):  
Attorney General ◽  
Criminal Procedure ◽  
Fair Trial ◽  
Adverse Impact ◽  
Criminal Investigation ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Unique Nature ◽  
The Law ◽  
The Right

Whether preliminary inquiry should be conducted following completion of criminal investigation was one of the issues that arose in criminal proceedings of leaders of some opposition parties who were arrested (in June and July 2020) following the assassination of Hachalu Hundessa. The Court accepted the request of the Office of the Attorney General for the holding of preliminary inquiry. While the request of the Office of the Attorney General and the ruling of the court are consistent with the 1961 Criminal Procedure Code, in view of the unique nature of the Ethiopian Preliminary Inquiry, both the request and the ruling adversely affect the right of the accused to a fair trial. The application of the law regulating preliminary inquiry would be a departure from the principle of equality of arms and the right of the accused to confrontation, both of which are elements of the right to a fair trial. It is argued (in this comment) that using evidence obtained during preliminary inquiry against the accused is inconsistent with the FDRE Constitution and relevant international legal instruments.

The Guarantee of Defence Counsel and the Exclusionary Rules on Evidence in Criminal Proceedings in Germany

2007 ◽  
Vol 8 (11) ◽  
pp. 1053-1067
Author(s):  
Christian Fahl
Keyword(s):  
German Law ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Advice ◽  
Whole Process ◽  
Procedure Code ◽  
Defence Counsel ◽  
The Law ◽  
The Right

The right of counsel in criminal proceedings is granted by section 137 (1) of the Strafprozessordnung (Criminal Procedure Code), which gives a person the right to obtain legal advice in criminal proceedings whenever he or she wishes, or as the law states: “in jeder Lage des Verfahrens“ (at any stage of the proceedings). There are different stages of criminal proceedings, which are to be distinguished under German Law, but section 137 governs the whole process and is not limited, for instance, to the pre-trial or the trial itself.

scholarly journals Detention and Remand in Custody: Comparative Legal Analysis

2020 ◽  
Vol 15 (3) ◽  
pp. 145-153
Author(s):  
I. V. Karavaev
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Federal Law ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Law ◽  
The Difference

The paper analyzes the legal regulation of detention in custody of persons confined on suspicion of committing a crime, as well as of persons in respect of whom a measure of restriction in the form of remand in custody was chosen. The norms of the Federal Law “On detention in custody of suspects and accused of committing crimes”, as well as the Criminal Procedure Code of the Russian Federation relating to these relations are considered. The differences between the two types of custody are investigated: “detention” and “remand in custody”. The author identifies six fundamental criteria underlying the difference between the two types of custody: the grounds for the detention; a person or body authorized to decide on detention in custody; duration of custody; custodial facility; legal status of persons in custody; grounds for release. It is concluded that it is necessary to revise the Federal Law "On detention in custody of suspects and accused of committing crimes", changing its structure on the basis that the law actually regulates two independent processes: taking into custody when detaining a person and detention in custody when choosing a measure of restriction in the form of remand in custody.

Sign in / Sign up

Export Citation Format

Share Document