SEPARATION AND CONNECTION OF CRIMINAL CASES AT THE PRELIMINARY STAGE HEARING

The article deals with the debatable issues of connecting and separating criminal cases in preparation for a court session. Despite the fact that the legislator provided for the possibility of making these decisions, many issues related to their implementation remained unresolved, so it became necessary to determine the grounds and conditions for making a decision to combine and separate criminal cases at a preliminary hearing. The article highlights the problems that arise in connection with the consideration of applications for joining and separating criminal cases. The author formulated conclusions on the settlement of problems arising during the consideration of these issues, and proposed a procedural procedure for their consideration at a preliminary hearing. The article defines the grounds and conditions for consideration at a preliminary hearing of questions about the connection and separation of criminal cases. It is argued that it is possible to consider applications for joining and separating a criminal case only in a closed court session in order to ensure the preservation of evidence obtained during pre-trial proceedings, and the inadmissibility of disclosure of information before the consideration of the criminal case on the merits in the court of first instance.

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ANALYSIS OF TYPICAL ERRONEOUS DECISIONS OF THE COURT WHEN THE SENTENCE

Law Нerald of Dagestan State University ◽

10.21779/2224-0241-2021-37-1-117-122 ◽

2021 ◽

Vol 37 (1) ◽

pp. 117-122

Author(s):

E.V. Bykadorova ◽

◽

N.V. Manilkin ◽

N.V. Boldyrev ◽

◽

...

Keyword(s):

Final Part ◽

Criminal Case ◽

Crime Statistics ◽

Guilty Verdict ◽

Criminal Cases ◽

Judicial Practice ◽

The Moment ◽

Court Of First Instance

The article analyzes the judicial practice, statistics and typical errors that arise when passing a sentence by a court of first instance, which led to the acquittal of a person who committed a crime; statistics of consideration of criminal cases by the courts of first instance; criteria for sentencing by the courts of first instance; analyzes the stages of the trial; examines the main points of correction of pre-trial proceedings in a criminal case; considers the list of grounds for ruling an acquittal; the structure and content of the sentence, the moment of absence of defense arguments in the sentence – by the appeal and cassation courts; the stages of cassation; the grounds for a guilty verdict; the procedural function of the court and the function of resolving a criminal case; the analysis in the final part of the article.

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Subject and limits of examination evidence in the proceedings of the criminal case in the court of first instance

Russian Journal of Legal Studies ◽

10.17816/rjls19098 ◽

2020 ◽

Vol 6 (3) ◽

pp. 186-195

Author(s):

Ilya N. Yefimovykh

Keyword(s):

Criminal Procedure ◽

Criminal Case ◽

Criminal Proceedings ◽

Criminal Cases ◽

Judicial Practice ◽

Criminal Procedure Law ◽

The Subject ◽

Court Proceedings ◽

Court Of First Instance ◽

Special Order

The article analyzes the norms of the criminal procedure law, the opinions of scientists, judicial practice materials related to the examination of evidence in criminal proceedings in the court of first instance, on the basis of which the author proposed definitions of the notions subject of examination evidence and limits of examination evidence they were compared with the concepts of subject of proof and limits of proof. The study used such research methods as logical, system-structural, statistical. As a result of a study of specific court decisions in criminal cases, differences in the understanding of evidence and the examination of evidence were revealed. A distinction has been made between the subject and the object of the study of evidence at the court hearing. The question of determining the subject matter and the limits of the examination of evidence was analyzed, including with regard to the consideration of the criminal case in a special order of judicial decision of the court, with the consent of the accused with the accusation. The rationale for the view that the examination of evidence takes place during the examination of a criminal case under a special court procedure is given, the circumstances that can be established during the court session, namely, the circumstances that may lead to exemption from punishment, as well as the postponement are analyzed. serving the sentence. These circumstances, if any, are mandatory to be established in court proceedings through the examination of evidence. According to the results of the analysis, proposed measures to improve the norms of the criminal procedure law governing the consideration of the criminal case in a special order of the trial. The question of the scope of the examination of evidence was considered in conjunction with the norms of the criminal procedure law, which established the grounds for the return of the criminal case to the prosecutor.

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KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

JURNAL HUKUM DAS SOLLEN ◽

10.32520/das-sollen.v1i4.333 ◽

2018 ◽

Vol 1 (4) ◽

Author(s):

ELMA YANTI

Keyword(s):

Law Enforcement ◽

Restorative Justice ◽

Indigenous People ◽

Criminal Case ◽

Criminal Cases ◽

Legal Research ◽

Direct Participation ◽

Criminal Offenses ◽

Differences Of Opinion ◽

Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

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Errors in the Application of the Criminal Law on Certain Corruption Crimes in Practice of Appeal and Cassation Courts

RUSSIAN JUSTICE ◽

10.37399/issn2072-909x.2020.6.72-80 ◽

2020 ◽

Vol 6 ◽

pp. 72-80

Author(s):

A. V. Galahova ◽

Y. I. Antonov ◽

Keyword(s):

Criminal Law ◽

Criminal Case ◽

Criminal Cases ◽

Retroactive Effect

The article is devoted to systematization of generalized appeal and cassation practice on errors in criminal cases of corruption crimes in 2017–2018. Errors are systematized in such areas as the unfairness of the sentence; the absence of a crime in the act; inconsistency of the conclusions of the court set out in the sentence, the actual circumstances of the criminal case; incorrect application of the provisions of the criminal law in time and its retroactive effect.

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On the Consideration of a Criminal Case Against a Minor by Jury

RUSSIAN JUSTICE ◽

10.37399/issn2072-909x.2021.2.90-96 ◽

2021 ◽

Vol 2 ◽

pp. 90-96

Author(s):

E. V. Markovicheva ◽

Keyword(s):

Criminal Case ◽

Jury Trial ◽

Constitutional Court ◽

Criminal Proceedings ◽

Criminal Cases ◽

Scientific Discussion ◽

Judicial Practice ◽

Criminal Procedure Law ◽

The Right ◽

A Minor

The functioning of the jury in Russia has demonstrated not only effectiveness, but also a number of problems that need to be resolved. Such problems include the personal jurisdiction of criminal cases by jury. The article reveals the legal positions of the Constitutional Court of the Russian Federation regarding the right of minors to trial a criminal case in a jury. The approaches to solving this issue that have developed in the judicial practice of individual foreign states are analyzed, the main directions for further scientific discussion regarding the right of minors to a jury trial are outlined. The purpose of the article is to disclose various approaches to the administration of criminal justice in the relations of minors with the participation of lay judges. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted both to the consideration of criminal cases with the jury, and the specifics of juvenile criminal proceedings. Using the comparative legal research method has allowed to reveal various approaches to the access of minors to jury trials in individual states. In Russian legislation and judicial practice the question of the right of minors to have a criminal case against them considered by a jury remains unresolved. The position of the Constitutional Court of Russia regarding the jurisdiction of such criminal cases is also controversial. The experience of foreign countries indicates that there is no universal way to ensure the right of a minor to a proper court. This issue is decided depending on the type of criminal process, the presence or absence of specialized juvenile courts. Any direct borrowing in this regard cannot be considered effective, but a generalization of foreign experience can create the necessary basis for optimizing both the work of the jury and criminal proceedings against minors.

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Using Digital Technologies in Criminal Cases in Court: Reality and Prospects

Lex Russica ◽

10.17803/1729-5920.2019.150.5.117-131 ◽

2019 ◽

pp. 117-131 ◽

Cited By ~ 2

Author(s):

I. I. Sheremetev

Keyword(s):

Video Recording ◽

Digital Technologies ◽

Criminal Case ◽

Judicial Reform ◽

Criminal Proceedings ◽

Criminal Cases ◽

Council Of Europe ◽

Experimental Development ◽

Automated Information System ◽

E Mail

The paper deals with topical issues related to the use of digital technologies in criminal proceedings. The author presents the directions of digitization of the court and the principles of using artificial intelligence, formulated by the bodies of the Council of Europe. The stages of the emergence of individual digital technologies first in the work of arbitration courts, and later — courts of general jurisdiction are shown. Existing and promising digital technologies are considered as the criminal case moves, after its submission in court from the Prosecutor. Considerable attention is given to the order of formation of the court for the consideration of a particular criminal case. The author analyzes the difficulties encountered in the use of an automated information system in this matter, and proposes ways to resolve them. The author considers it necessary to use e-mail to call victims, witnesses and other participants in the proceedings, for which he proposes to make appropriate changes to the current procedural legislation. The article reveals the current procedure and prospects for the use of video conferencing systems, audio and video recording of the trial in the criminal process. The author reports on the experimental development of speech recognition programs for participants in the trial. Special attention is given to the achievements in the implementation of digital technologies in the Moscow courts, implemented in the course of the international project «Support for judicial reform». In this regard, the author describes the creation of electronic copies of traditional «paper» cases in the courts of Moscow, making the proceedings more open.

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PENERAPAN E-COURT DALAM PERKARA TINDAK PIDANA UMUM DALAM PRESPEKTIF HUKUM PROGRESIF

Jurnal Hukum dan Pembangunan Ekonomi ◽

10.20961/hpe.v8i1.44284 ◽

2020 ◽

Vol 8 (1) ◽

pp. 11

Author(s):

Ari Hani Saputri

Keyword(s):

Positive Impact ◽

The Other ◽

Criminal Case ◽

Criminal Cases ◽

Civil State ◽

Positive Law ◽

Other Hand ◽

Corona Virus

AbstractThis article tries to discuss the implementation of e-court in general criminal cases. In fact, Perma Number 1 Year 2019 does not include criminal cases. This is because Perma Number 1 of 2019 only allows general civil, family civil, state administrative, and military administrative matters. However, with the corona virus outbreak making the implementation of criminal cases into an online trial, this has a positive impact in the form of a breakthrough for the litigation world due to the existence of e-court, it can be predicted to decrease costs for the trial, but on the other hand there are weaknesses, namely not yet arranged e court for criminal cases. To find a way out, the authors recommend implementing progressive law to fill the legal vacuum while waiting for a positive law that accommodates the implementation of e-courtKeywords: E-court, General Criminal Case, Progressive LawAbstrakArtikel ini mencoba untuk membahas mengenai pelaksaan e-court dalam perkara pidana umum. Sejatinya, dalam Perma Nomor 1 Tahun 2019 tidak mengikutsertakan perkara pidana. Hal ini dikarenakan Perma Nomor 1 Tahun 2019 hanya memperbolehkan perkara perdata umum, perdata keluarga, tata usaha negara, tata usaha militer. Namun dengan adanya wabah virus korona membuat pelaksaan perkara pidana menjadi sidang secara online, hal ini membawa dampak positif berupa terobosan untuk dunia litigasi dikarenakan dengan adanya e-court maka dapat diprediksikan menurunnya biaya untuk persidangan, namun dilain sisi terdapat kelemahan, yaitu belum diaturnya pelaksanaan e-court untuk perkara pidana. Untuk mencari jalan keluarnya maka penulis menganjurkan diterapkannya hukum progresif untuk mengisi kekosongan hukum sambil menunggu adanya sebuah hukum positif yang mengakomodasi pelaksanaan e-court.Kata Kunci: E-court, Perkara Pidana Umum, Hukum Progresif

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Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)

Journal of Education, Humaniora and Social Sciences (JEHSS) ◽

10.34007/jehss.v3i1.196 ◽

2020 ◽

Vol 3 (1) ◽

pp. 78-84

Author(s):

Akalafikta Jaya ◽

Triono Eddy ◽

Alpi Sahari

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Juvenile Justice System ◽

Criminal Liability ◽

Criminal Case ◽

Criminal Cases ◽

Criminal Convictions ◽

Criminal Offenses ◽

The Law

In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.

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FEATURES OF THE IMPLEMENTATION OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE IN CRIMINAL PROCEEDINGS OF PRIVATE PROSECUTION

Bulletin of Udmurt University. Series Economics and Law ◽

10.35634/2412-9593-2020-30-6-875-880 ◽

2020 ◽

Vol 30 (6) ◽

pp. 875-880

Author(s):

E.F. Tensina

Keyword(s):

Russian Federation ◽

Criminal Procedure ◽

Criminal Case ◽

Presumption Of Innocence ◽

Criminal Proceedings ◽

Criminal Cases ◽

Procedure Code ◽

Special Procedure ◽

The Russian Federation ◽

Procedural Rights

The article reveals the nature of the claim of a private prosecution, which establishes the freedom to dispose of material and procedural rights. The forms of manifestation of dispositive principles in the material and procedural aspects in the course of criminal proceedings are determined. Taking into account the nature of the claim of a private prosecution, various models of proceedings in criminal cases of a private prosecution and the peculiarities of the implementation of the provisions of the criminal procedure principle of the presumption of innocence are considered. The author critically assesses the legal constructions that allow the application of a special procedure for making a court decision in criminal proceedings of a private prosecution if the accused agrees with the charge brought. In particular, taking into account the provisions of the principle of the presumption of innocence, it is concluded that it is inadmissible to apply Chapter 40 of the Criminal Procedure Code of the Russian Federation when considering a criminal case of a private prosecution if it is initiated by filing an application directly with a magistrate in the manner prescribed by Art. 318 of the Code of Criminal Procedure of the Russian Federation or when investigating a criminal case of this category in the form of an abbreviated inquiry, regulated by Ch. 32.1 of the Criminal Procedure Code of the Russian Federation.

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Crimes in the field of illicit trafficking in narcotic drugs, psychotropic, potent and poisonous substances: topical issues of criminal liability

Current Issues of the State and Law ◽

10.20310/2587-9340-2021-5-20-704-715 ◽

2021 ◽

pp. 704-715

Author(s):

Dmitriy V. Bondarev

Keyword(s):

Final Stage ◽

Criminal Liability ◽

Preliminary Investigation ◽

Criminal Case ◽

Criminal Cases ◽

Psychotropic Substances ◽

Illicit Trafficking ◽

Narcotic Drugs

We consider current issues related to the prosecution of persons guilty of committing crimes in the field of illegal circulation of narcotic drugs, psychotropic, potent and poisonous substances. We analyze the problematic moments that arise at the final stage of the investigation of criminal cases of this category, in particular, upon notification of the end of the preliminary investigation and at the stage of familiarization with the materials of the criminal case on crimes related to the illegal circulation of narcotic drugs and psychotropic substances. We pay attention to the gaps in modern legislation in the area under consideration, we have made suggestions for its im-provement.

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