Legal Sanctions, Enforcement and Responsibility as a Guarantee for Prosedural Independence of Prosecutor at Pre-Trial Criminal Proceedings

2019 ◽  
Vol 2019 (3) ◽  
pp. 79-94
Author(s):  
OLEH BAULIN ◽  
Keyword(s):  
Criminal Proceedings ◽  
Legal Sanctions

scholarly journals Theoretical issues of improving legislation on exemption from criminal liability

2021 ◽  
Vol 12 (3) ◽  
pp. 584-603
Author(s):  
Yury E. Pudovochkin ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Proceedings ◽  
Private Interests ◽  
Legal Sanctions ◽  
Important Means ◽  
Theoretical Issues

The development of rules of exemption from criminal liability as an important means of differentiating criminal-law exposure, minimizing criminal repression and humanizing penal relations is one of several trends of Russian criminal policy. However, its quality results in debates which demonstrate the number of legislative and academic proposals aimed at changing it. To determine the prospects of such proposals, they have to be summarized and evaluated. Quite often these proposals disregard the constitutional principles of exemption from liability, systemic principles of criminal law and its corelation with other branches of law. The essential issues requiring discussion when improving the regulations on exemption from criminal liability consist of the following: characteristics of subjects, appropriate procedural stage and the suitability of the conditional procedure for its application; the possibility of re-exemption of offenders who had benefited from it earlier; the corelation between dispositive and peremptory rules of exemption; differentiation of the grounds for exemption depending on the type of crime committed. Scholars have diverse and sometimes conflicting opinions on these issues. It appears that they can be holistically solved only in the process of a substantive update of the entire criminal law which should recognize: the absence of judicial prospects and the insignificance of harm as grounds for refusal to initiate criminal proceedings; the necessity to review the significance of positive post-criminal acts in the system of grounds for exemption and their recognition as conditions that, if completed within a certain period of time after release, will terminate criminal-law relations; development of a term for the implementation of criminal-law measures and revision of the content of legal sanctions applied upon release from liability; recognition of the preservation of the criminal-law status of an individual exempted from liability until the fulfilment of exemption conditions; possibility of a mandatory exemption from liability for crimes against private interests of citizens.

СУД ЯК УЧАСНИК КРИМІНАЛЬНОГО ПРОВАДЖЕННЯ

2019 ◽  
Vol 15 ◽  
pp. 211-217
Author(s):  
В. В. Король ◽  
В. Д. Юрчишин
Keyword(s):  
Judicial Power ◽  
Criminal Proceedings ◽  
Unique Position ◽  
Territorial Jurisdiction ◽  
Governmental Body ◽  
The Law

У статті зазначається, що серед учасників кримінального провадження суд посідає ви­ключне становище, оскільки тільки він є єдиним державним органом, що здійснює судову владу у визначених законом процесуальних формах. При цьому вказується, що суд по­трібно вважати встановленим законом лише за умови, що він утворений безпосередньо на підставі закону, діє в межах своєї предметної, функціональної й територіальної юрисдикції та в законному складі суду.   The article notes that among the participants in criminal proceedings the court occupies a unique position, because only it is the only governmental body which exercises the judicial power as defined by law procedural forms. It is submitted, that the court should consider the law only when it is formed directly on the basis of the law, acting within their subject, func­tional and territorial jurisdiction and legal composition of court.

IMPLEMENTATION OF ELECTRONIC MONITORING OF SENTENCED PERSONS IN THE SLOVAK REPUBLIC

2020 ◽  
Vol 10 (5) ◽  
pp. 59-75
Author(s):  
JAROSLAV KLÁTIK ◽  
◽  
LIBOR KLIMEK
Keyword(s):  
Restorative Justice ◽  
Electronic Monitoring ◽  
Slovak Republic ◽  
Pilot Project ◽  
Legal Regulation ◽  
European Level ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Fourth Section ◽  
The Third

The work deals with implementation of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into eight sections. The first section introduces restorative justice as a prerequisite of electronic monitoring in criminal proceedings. While the second section points out at the absence of legal regulation of electronic monitoring of sentenced persons at European level, the third section points out at recommendations of the Council of Europe addressed to European States. The fourth section analyses relevant alternative punishments in Slovak criminal justice. The fifth section introduces early beginnings of implementation of concerned system - the pilot project “Electronic Personnel Monitoring System” of the Ministry of Justice of the Slovak Republic. While the sixth section is focused on Slovak national law regulating electronic monitoring of sentenced persons - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments, the seventh section is focused on further amendments of Slovak national law - namely the Act No. 321/2018 Coll. and the Act No. 214/2019 Coll. The last eight section introduces costs of system implementation and its operation.

PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Criminal Law ◽  
Sexual Exploitation ◽  
Trafficking In Persons ◽  
The People ◽  
Public Company ◽  
Legal Sanctions ◽  
Women And Children ◽  
Human Rights Violation

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.  

SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE

2014 ◽  
Vol 1 (1) ◽  
pp. 48-67
Author(s):  
Vinesh M Basdeo ◽  
Moses Montesh ◽  
Bernard Khotso Lekubu
Keyword(s):  
Law Enforcement ◽  
South African ◽  
Legal System ◽  
Criminal Procedure ◽  
Integrated Approach ◽  
Physical World ◽  
Legal Framework ◽  
Time Zone ◽  
Legal Sanctions ◽  
Domestic Affairs

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.

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