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

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".

Download Full-text

ISSUES AND PROSPECTS FOR IMPROVEMENT IN SIMPLIFYING THE PRE-TRIAL INVESTIGATION

Law Journal of Donbass ◽

10.32366/2523-4269-2021-75-2-132-139 ◽

2021 ◽

Vol 75 (2) ◽

pp. 132-139

Author(s):

Andriy Vorobey ◽

Keyword(s):

Legal Status ◽

Full Range ◽

Practical Importance ◽

Criminal Procedure ◽

Negative Consequences ◽

Procedure Code ◽

Criminal Offenses ◽

The Moment ◽

Definition Of ◽

National Police

The article deals with the problematic issues of pre-trial investigation of criminal offenses, under investigation by the units of the National Police of Ukraine, have not been studied in the scientific literature. The author of the article points out the problems of the legal status of a head of an inquest body, the author's definition of this term is given and proposed changes to the current criminal procedural legislation, which should eliminate legal gaps. Considered the inconsistencies of the current criminal procedural legislation in terms of regulating the order of attachment for seizure of the property during the pre-trial investigation of criminal offenses. Analyzed judicial practice on this issue and proposed changes to legislation according to the needs of practice. The drawbacks are noted in establishing the terms of pre-trial investigation of criminal offenses, which are caused by the need to conduct psychiatric and other forensic examinations, it is proposed to provide in the Criminal Procedure Code of Ukraine for an inquiry period of 2 months from the moment a person is informed of suspicion. The author's specified legal inconsistencies in the issue of regulating the conduct of a search during an inquiry, it is indicated that there is a need to standardize Articles 234–236 of the Criminal Procedure Code. Due to fact that the activities of the inquest bodies of the National Police of Ukraine are noticeably inefficient, it is proposed to introduce a shortened inquiry procedure in order to implement the principle of economy in the criminal process and saving resources used during the pre-trial investigation.The current procedural form of criminal investigation in Ukraine provides for the need to conduct a full range of investigative and procedural actions in a short time, even for obvious criminal offenses, when the suspect unequivocally pleads guilty and compensates for the damage, which has negative consequences. The introduction of an abbreviated procedure for inquiry is possible only for a clearly defined range of criminal offenses, the legislation must approve guarantees to ensure the rights of suspects from law enforcement abuses and the criteria under which an abbreviated form of inquiry is impossible. The study of the possibility of implementing an abbreviated order of inquiry is of practical importance and is an important area for further study.

Download Full-text

Policy Formulations of the Fisheries Criminal Act: An Investigation of the Authority of the Criminal Justice System in Indonesia

International Journal of Social Science Research ◽

10.5296/ijssr.v2i1.5329 ◽

2014 ◽

Vol 2 (1) ◽

pp. 165

Author(s):

Deassy J. A. Hehanussa ◽

Koesno Adi ◽

Masruchin Ruba’i ◽

Pridja Djatmika

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Criminal Justice System ◽

Justice System ◽

Criminal Procedure ◽

Civil Servant ◽

Maritime Security ◽

Public Prosecutor ◽

Procedure Code ◽

National Police

Law enforcement implementation of fisheries criminal act especially for investigation based on Article 73 (1) of Law No. 45 of 2009 is executed by Fishery Civil Servant Investigator (PPNS), Investigator of Indonesian Navy officer and/or Investigator of Indonesian National Police. This investigation authority is called as attribution authority meaning that the authority is granted by the order of law. This regulation grants the same authority to these three institutions to investigate and submit their investigation report to public prosecutor without any cohesive system in its implementation. If it is linked to Law No. 8 of 1981 as an illustration of criminal justice system of Indonesia which is referred as the basis of common and specific criminal law enforcement, it emerges juridical weakness as a consequence of regulation inconsistency including conflict of norm between Criminal Procedure Code (KUHAP) and Fisheries Act. This inconsistency emerges conflict of authority among those investigators and emerges law indeterminacy. Hence, reformulate investigation authority of fisheries criminal act needs to be conducted along with paying attention on waters territory of Indonesia upon Law No. 6 of 1996 about Waters Territory of Indonesia despite law enforcement mechanism which had to be enforced corporately. This study result concludes that inconsistency of investigation authority formulation in fisheries criminal act in criminal justice system not only emerges fuzziness of norm but also conflict of norm between Law No. 8 of 1981 about Criminal Procedure Code and Law No. 45 of 2009. This emerges because there is an overlapping of investigation authority among 3 institutions, i.e., Fishery Civil Servant, Indonesian Navy and the Police. Formation team of Indonesian Maritime Security Coordinating Board (Bakorkamla) only has an authority as coordinating function. Hence, to maximize the law enforcement in the ocean, function of Indonesian Maritime Security Coordinating Board should be improved as a coordinator of law enforcement in ocean territory of Indonesia.

Download Full-text

A Critical Study on Implementation of Section 357A of the Criminal Procedure Code with reference to the Rights of the Victims

International Journal of Interdisciplinary and Multidisciplinary Research ◽

10.54121/2021/09/1499 ◽

2021 ◽

Vol 6 (9) ◽

pp. 45-56

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Criminal Procedure ◽

The State ◽

Judicial System ◽

Critical Study ◽

Legal Service ◽

Procedure Code

It is a weakness of our jurisprudence that the victims of the crimes, and the distress of the dependants of the prisoner, do not attract the attention of the law .The District Legal Service Authority (DLSA) or the State Legal Service Authority (SLSA) needs to decide the quantum of compensation to be given under the scheme. Section 357A was a necessary enactment, and is useful, because the victim need not prove his case to get compensation under this section, which should hasten the process, but unfortunately the scheme is not being implemented completely. This paper analyses the plight of the victims of crimes under the Indian Criminal Justice System, and the importance of section 357A for protection of their rights. It further argues that that the scheme is not being implemented properly, and there is a lack of uniformity in the statute of each state. The verification procedure of these states is justified only if it does not hinder the compensation of a genuine victim. It explains the importance of immediate compensation, and the role of judiciary in the journey from the enactment to implementation of any scheme and statute. This paper concludes by suggesting changes that could be brought into the Indian Criminal judicial system for the betterment of the victim’s right and society atlarge.

Download Full-text

Peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine.

Naukovyy Visnyk Dnipropetrovs kogo Derzhavnogo Universytety Vnutrishnikh Sprav ◽

10.31733/2078-3566-2021-3-289-293 ◽

2021 ◽

Vol 3 (3) ◽

pp. 289-293

Author(s):

Inna Sichkovska

Keyword(s):

Criminal Liability ◽

Criminal Code ◽

The State ◽

Scientific Article ◽

Main Task ◽

Criminal Proceedings ◽

Procedure Code ◽

Criminal Offenses ◽

National Police ◽

Do So

. The scientific article is devoted to the issues of peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine. It is determined that it should be understood as the interaction of employees of inquiry units with operational units of the National Police of Ukraine. The classification, forms and principles of such interaction are specified. The interaction between the coroner and the operative unit during the pre-trial investigation in the form of an inquiry has limits set by the legislator: it can be carried out at any stage of the pre-trial investigation in the form of an inquiry, but must end with the closure of criminal proceedings. application of coercive measures of medical or educational nature, petition for release of a person from criminal liability. When investigating criminal offenses, investigators interact with employees of operational units of the National Police, security agencies, the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation, bodies supervising compliance with tax and customs legislation, the State Penitentiary Service of Ukraine, the State Border Guard services of Ukraine on the basis of the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Procedure Code, the Laws of Ukraine «On the National Police», «On operational and investigative activities», etc. The investigator, exercising his powers in accordance with the requirements of the CPC of Ukraine, is independent in his procedural activities, interference in which persons who do not have the legal authority to do so is prohibited. The main task of interaction of inquiry units of the National Police of Ukraine with other structural subdivisions of the National Police is prevention of criminal offenses, their detection and investigation, bringing to justice the perpetrators, compensation for damage caused by criminal offenses, restoration of violated rights and interests of individuals.

Download Full-text

KEPASTIAN HUKUM TERHADAP PERAMPASAN ASET YANG BUKAN MILIK NEGARA

Jurnal Hukum Adigama ◽

10.24912/adigama.v2i2.6557 ◽

2019 ◽

Vol 2 (2) ◽

pp. 414

Author(s):

Jhon Pridol ◽

Firman Wijaya

Keyword(s):

Criminal Procedure ◽

The State ◽

Court Decision ◽

Legal Certainty ◽

Travel Agent ◽

Procedure Code ◽

The Law ◽

Court Proceedings ◽

The Ideal

Legal certainty is one of the "three basic values of the law" which means it can be equated with the principle of law. A verdict or court decision must be in accordance with the law because the judge must judge based on the law. Decisions must also be fair, objective and impartial. Therefore the ideal decision is a decision that contains justice, usefulness and legal certainty proportionally. Seeing from the application of the Criminal Procedure Code, the main purpose of tracking assets resulting from criminal acts to be confiscated in court proceedings and ultimately resulting in a court decision is to be returned to the rightful party. In practice, there is a conflict between the victim and the judge's decision regarding the confiscation of evidence by the State that was confiscated from a First Travel travel agent, because the evidence seized from First Travel is the result of fraud from a prospective Umrah pilgrimage that should be returned to the victim as compensation.

Download Full-text

URGENCY OF WIRETAPPING IN GETTING EVIDENCE IN CRIMINAL MEASURES

DiH Jurnal Ilmu Hukum ◽

10.30996/dih.v16i2.3410 ◽

2020 ◽

Vol 16 (2) ◽

pp. 139-148

Author(s):

Wiwik Afifah

Keyword(s):

Human Rights ◽

Research Method ◽

The State ◽

Human Rights Violations ◽

Conceptual Approach ◽

Procedure Code ◽

Criminal Offenses ◽

The Law ◽

Personal Interests ◽

Special Step

AbstractExtraordinary crime requires a special step in its disclosure. Wiretapping is one of the efforts to gather evidence to uncover the crime. But in the RKUHP, wiretapping will also be applied to general criminal offenses. This places the law enforcers have access to personal interests in the name of the law. So vulnerable to human rights violations. Therefore it is important to conduct a study of the urgency of wiretapping in criminal acts. The research method used is normative juridical and the method used is the statutory and conceptual approach. The results of this study indicate that there is an urgency to conduct wiretapping arrangements on specific criminal acts and not on general crime This urgency arises based on the characteristics of the crime. The author's suggestion is that wiretapping of general criminal acts in the criminal procedure code should be abolished, and the state drafted a law on tapping that specifically regulates material and formal law.Keywords: criminal acts; urgency of wiretappingAbstrakKejahatan luar biasa membutuhkan langkah khusus dalam pengungkapannya. Penyadapan adalah salah satu upaya untuk mengumpulkan bukti untuk mengungkap kejahatan. Namun dalam RKUHP, penyadapan juga akan diterapkan pada pelanggaran pidana umum. Ini menempatkan penegak hukum memiliki akses ke kepentingan pribadi atas nama hukum. Sangat rentan terhadap pelanggaran HAM. Oleh karena itu penting untuk melakukan studi tentang urgensi penyadapan dalam tindak pidana. Metode penelitian yang digunakan adalah yuridis normatif dan metode yang digunakan adalah pendekatan hukum dan konseptual. Hasil penelitian ini menunjukkan bahwa ada urgensi untuk melakukan pengaturan penyadapan pada tindakan kriminal tertentu dan bukan pada kejahatan umum. Urgensi ini timbul berdasarkan pada karakteristik kejahatan. Saran penulis adalah bahwa penyadapan tindakan kriminal umum dalam kode prosedur pidana harus dihapuskan, dan negara membuat undang-undang tentang penyadapan yang secara spesifik mengatur materi dan hukum formal.Kata kunci: tindak pidana; urgensi penyadapan

Download Full-text

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

Bulletin of Kharkiv National University of Internal Affairs ◽

10.32631/v.2019.3.04 ◽

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.

Download Full-text

Discussion on the Properties of Relevance, Admissibility and Reliability of Criminal Procedural Evidence

Lex Russica ◽

10.17803/1729-5920.2021.178.9.067-076 ◽

2021 ◽

pp. 67-76

Author(s):

S. V. Kornakova

Keyword(s):

Russian Federation ◽

Criminal Procedure ◽

Clear Understanding ◽

Procedure Code ◽

The Status ◽

Nature Of Information ◽

The Russian Federation ◽

The Law ◽

Definition Of ◽

Procedural Decisions

The paper analyzes the legislative definition of criminal procedural evidence. The author gives critical assessment of replacement of the phrase “any factual data” from the Criminal Procedure Code of the RSFSR with the phrase “any information” in the Code of Criminal Procedure of the Russian Federation. The wording under consideration gave rise to the possibility for some authors to conclude that the law does not indicate the factual nature of information claiming the status of evidence. The main attention is paid to the question of the necessary properties of proofs. The paper points to the erroneous perception by some researchers of the content of Art. 88 of the Code of Criminal Procedure of the Russian Federation, which manifests itself in endowing the properties of relevance, admissibility and reliability with the status of criteria for evaluating evidence. According to the author, relevance, admissibility and reliability are not criteria for evaluating evidence, but information obtained in the course of proving for the possibility of using it as evidence. The criteria for evaluating the evidence are specified in Part 1 of Art. 17 of the Code of Criminal Procedure of the Russian Federation—the law and the conscience of an authorized person who evaluates evidence according to his inner conviction. In contrast to the opinion of researchers who believe that the necessary properties of evidence include only relevance and admissibility, the author argues that each evidence must also have the property of reliability. Only in the presence of the entire set of necessary properties, the information obtained in the course of proving can be endowed with the status of evidence.The author demonstrates that each of the necessary properties of a proof has an independent content and meaning. Therefore, their confusion is unacceptable. It is concluded that relevance, admissibility and reliability should form the basis for all procedural decisions concerning evidence. According to the author, a clear understanding of the content of these properties would be facilitated by the consolidation of the definitions of these categories in the Criminal Procedure Code of the Russian Federation. It is also advisable to edit Part 1 of Art. 74 of the Criminal Procedure Code of the Russian Federation by means of defining the concept for criminal procedural evidence as "any factual information" and indicating the purpose of obtaining them as "for the correct resolution of the case".

Download Full-text

PENAHANAN DAN PENANGGUHAN PENAHANAN DALAM TEORI DAN PRAKTEK

to-ra ◽

10.33541/tora.v4i1.1171 ◽

2018 ◽

Vol 4 (1) ◽

pp. 34

Author(s):

Thomas Abbon

Keyword(s):

Law Enforcement ◽

Rule Of Law ◽

Criminal Procedure ◽

Preliminary Evidence ◽

The State ◽

The Rule Of Law ◽

The Past ◽

Procedure Code ◽

The Law

Abstract The issue of upholding the rule of law is a chore that must be resolved by the current government. The state and nation have been disadvantaged from all aspects, because in the end the harassment of the law has given rise to corruption, collusion and nepotism. One of the things that stands out about law enforcement is the issue of detention and suspension of detention and sentencing that has to do with detention. The problem of detention and the detention in practice so far has been widely distorted by unscrupulous law enforcers and this institution has become an "open business arena". Detention and suspension of detention is actually a legal effort, which aims to realize the enforcement of the law itself, because detention is only allowed as long as there is suf cient preliminary evidence, and detention is solely in order to facilitate investigation / examination and besides that detention is also intended as protecting the suspect / defendant from violence / other people (eigenrichting). The suspension of detention should be able to be given to every suspect / defendant who provides guarantees according to the law, unless otherwise speci ed in certain cases. In addition there is another side of the Criminal Procedure Code which determines that detention is part of punishment, so it has become a habit in practice that if a suspect / defendant who was originally detained "must be sentenced" .From the facts that are decomposed in the past this has brought a a very dif cult situation to nd out who really deserves detention or suspended detention and it turns out everyone is nally able to pay "anything" to release himself from the snare of detention even though it should not be his right. Keywords: rule of law; corruption, collusion, and nepotism; legal effort.

Download Full-text

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

Prologue Law Journal ◽

10.21639/2313-6715.2021.2.12. ◽

2021 ◽

Author(s):

E.V. Bolshakov ◽

◽

I.D. Nazarov ◽

Keyword(s):

Russian Federation ◽

Criminal Procedure ◽

Criminal Case ◽

Judicial Practice ◽

Procedure Code ◽

Legal Nature ◽

The Status ◽

The Subject ◽

The Russian Federation ◽

The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

Download Full-text