scholarly journals Unexpected Baby Death - SIDS or Not?

2021 ◽  
pp. 17-21
Author(s):  
Sinisa Franjic
Keyword(s):  
Social Welfare ◽  
Child Death ◽  
Criminal Procedure ◽  
Health Condition ◽  
Criminal Investigation ◽  
Baby Girl ◽  
Children's Home ◽  
Keywords Child

A two-month-old baby girl died on April 4, 2021, at the Children's Home in Osijek, Croatia. The child was temporarily taken away of her parents because she was born prematurely, she was diagnosed with a risky health condition and it was assessed that the parents were unable to meet the child’s needs. Parents are beneficiaries of social welfare. The mother suffers from diabetes and epilepsy. An autopsy determined that the child had died of pneumonia. The parents last visited the child the day before her death and she was cheerful, happy and in a good mood, but she was coughing, which they warned the authorities at the Children's Home in Osijek. Because of the tragic outcome, the parents publicly expressed doubt in the official version of this sad event which did not have to end in death. This paper describes what a criminal procedure should do in this and similar cases. Keywords: Child; Death; SIDS; Criminal Investigation

THE PROBLEM OF COLLECTING AND EVALUATING EVIDENCE DURING THE INVESTIGATION OF USED AND VIOLENT CRIMES

2018 ◽  
Author(s):  
Volodymyr Baranyak ◽  
Keyword(s):  
Criminal Procedure ◽  
Professional Responsibility ◽  
Criminal Investigation ◽  
Criminal Proceedings ◽  
Violent Crimes ◽  
Careful Planning ◽  
Crime Detection ◽  
Preliminary Study ◽  
Material Evidence

The article is devoted to the study of problematic issues of collecting and evaluating evidence during the investigation of mercenary and violent crimes. It is proposed to make recommendations for improving the efficiency of crime detection on the basis of the principle of professional responsibility for this operational and investigative, investigative and forensic units. The issue of interaction of a forensic specialist with other services involved in the detection of crimes in cases of mercenary and violent crimes is considered. Emphasis is placed on the correctness of the design and timeliness of obtaining evidentiary information and the importance of the primary investigative actions, in which it is mainly concentrated. Due to the complexity of mercenary and violent crimes during the investigation in criminal proceedings, associated with careful planning, different ways of concealing traces at the scene, masking criminals, different ways of getting rid of resisting the attacker, the dependence of the effectiveness of criminal investigations actions of a specialist at the scene, the quality of the evidence collected and the preliminary study. Emphasis is placed on the importance of various forensic examinations that are performed in modern conditions during the investigation of crimes of mercenary and violent orientation. Cases of obtaining material evidence in violation of the rules of criminal procedure: marked, which consists in improper packaging of seized material evidence, lack of signatures of witnesses, a detailed description of the traces in the protocol of the investigation, violation of packaging and more. The most problematic is to determine the range of persons capable of committing crimes of selfishness and violence. However, it is characteristic of these crimes that they are usually committed according to a pre-designed plan, sometimes by groups with organizers and perpetrators. The importance of conducting preliminary investigations at the scene and during the investigative inspection of individual objects and traces as a way to quickly obtain information for the organization of a criminal investigation and which should be aimed primarily at studying information to facilitate the search and apprehension of the offender.

Improvement of criminal-procedural legislation, regulating the activities of employees, establishments and bodies of the penal system

2019 ◽  
pp. 111-118
Author(s):  
Александр Борисович Диваев
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Criminal Procedure ◽  
Criminal Investigation ◽  
Penal System ◽  
House Arrest ◽  
Effective Implementation ◽  
Procedure Code ◽  
The Status ◽  
The Russian Federation

В представленной статье рассмотрен ряд вопросов совершенствования регламентации процессуальных полномочий органов и учреждений уголовно-исполнительной системы Российской Федерации. Высказаны предложения по модернизации ряда норм, устанавливающих статус органов и учреждений уголовно-исполнительной системы и их должностных лиц как органов дознания. Рассмотрен круг проблем, связанных с более четким процессуальным регулированием механизма исполнения меры пресечения в виде домашнего ареста. Даны предложения по внесению изменения в уголовно-процессуальное законодательство, которые должны содействовать более эффективной реализации полномочий по контролю за арестованными со стороны уголовно-исполнительных инспекций. Сформулировано предложение по устранению терминологической неточности, допущенной в ст. 397 Уголовно-процессуального кодекса Российской Федерации. The article deals with a number of issues of improving the regulation of procedural powers of bodies and institutions of the penal system of the Russian Federation. In particular the proposals for the modernization of a number of rules establishing the status of the bodies and institutions of penal system, and their officials, as criminal investigation bodies. In addition, the range of problems associated with a more precise procedural regulation of the mechanism of execution of preventive measures in the form of house arrest. In this regard, proposals were made to amend the criminal procedure legislation, which should contribute to a more effective implementation of the powers to control arrested persons by the penal inspections. In conclusion, a proposal to eliminate the terminological inaccuracy in article 397 of the Criminal procedure code of the Russian Federation is formulated.

Local Understandings of Roman Criminal Law and Procedure in Asia Minor

2020 ◽  
pp. 157-184
Author(s):  
Cédric Brélaz
Keyword(s):  
Criminal Law ◽  
Local Population ◽  
Criminal Procedure ◽  
Criminal Investigation ◽  
Asia Minor ◽  
Imperial Period ◽  
Long Time ◽  
Funerary Inscriptions ◽  
Roman Administration

This chapter deals with the knowledge provincials had, and the use they made, of Roman criminal procedure in the provinces of Asia Minor during the imperial period. This will be examined through two main categories of evidence: (1) petitions to emperors complaining about Roman soldiers or functionaries’ abuses against local population, (2) funerary inscriptions including provisions claiming that fines should be paid to the imperial treasury in case of desecration. This evidence supports the view that (unlike part of scholarship has been assuming for a long time) Roman criminal procedure still included accusatorial features under the Principate and that a formal accusation was needed for a proper criminal investigation to be launched. It is argued that provincials were deeply aware of what Roman criminal law was and could explicitly refer to some specific provisions in order to defend their own interests and even to challenge decisions made by the Roman administration.

scholarly journals La Fiscalía española ¿Debe ser una institución independiente?

2018 ◽  
pp. 157
Author(s):  
Juan Luis Gómez Colomer
Keyword(s):  
Criminal Procedure ◽  
Criminal Investigation ◽  
Public Prosecution ◽  
The Public ◽  
Adversarial System ◽  
Public Prosecution Service ◽  
The Government ◽  
Adversarial Model ◽  
Do So

El Ministerio Fiscal español tiene ante todo un problema de identidad orgánica. Se desea que sea independiente del Gobierno, pero las normas confirman una cierta dependencia. El Ministerio Fiscal debe ser dependiente del Gobierno si se consuma la reforma hacia un modelo adversarial de enjuiciamiento criminal, porque ésa es la naturaleza que mejor cuadra con dicho sistema, en donde el acusado sabe que enfrente tiene a la Administración, que, cumpliendo con su deber público, le exige con todo su poder responsabilidad por sus actos. Hasta que se produzca el cambio, es mejor dejar las cosas como están. El Ministerio Fiscal no debe instruir el proceso penal ni dirigir la investigación del crimen mientras no tengamos el antedicho sistema adversarial vigente en España. Sería constitucional si lo hiciera, pero no está probado que esté preparado para hacerlo, y probablemente, a pesar de declaraciones oficiales, no desee asumir ahora esa responsabilidad. Con las normas y la práctica actual, correría el peligro de ser visualizado en los casos más importantes como un órgano no objetivo.The Spanish Public Prosecution Service has, foremost, a problem of organic identity. It is believed that it should be independent from the Government, but the laws confirm some degree of dependence. The Public Prosecution should depend on the Government if the reform toward an adversarial model of criminal procedure is pursued, because that is the nature that best fits a system in which the defendant knows he is facing an Administration that, fulfilling its public duty, is demanding with all its powers that he takes responsibility for his actions. Until the change is produced, it is better to leave things as they are. The Public Prosecution Service should not direct the criminal investigation while the foresaid adversarial system in not in force in Spain. If it did, it would be constitutional, but it has not been demonstrated that it is ready to do so and, probably, in spite of official declarations, the Public Prosecution does not want now to assume that responsibility. With the current laws and practices, the Prosecution Service would be in danger of being taken as a non-objective organ in the most important cases.

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 Execution of a Sentence – an Independent Stage of Criminal Proceedings

2020 ◽  
Vol 14 (4) ◽  
pp. 560-565
Author(s):  
Vyacheslav B. Shabanov ◽  
Lyudmila Yu. Budanova ◽  
Vladimir. P. Kramarenko
Keyword(s):  
Criminal Justice ◽  
Key Words ◽  
Criminal Procedure ◽  
Legal Issues ◽  
Criminal Investigation ◽  
Criminal Proceedings ◽  
Essential Nature ◽  
Procedural Law ◽  
Characteristic Features

The article investigates how the notion “execution of a sentence” was formed and analyzes the content of the stage of execution of a sentence as an independent part of criminal procedure, examines legal issues of criminal proceedings within the stage of execution of a sentence, and puts forward some ways to improve it. The fact that court activities aimed at considering and resolving issues related to the execution of a sentence are defined as part of criminal procedure rather than as an independent stage is a subject for debate, because this activity may or may not take place. But we agree with those scholars who believe that the stage such as the presentation of a sentence for execution always emerges during sentencing, and the analogy with the stage of launching criminal investigation allows us to conclude that, that further criminal proceedings may occur several times or may not occur at all and thus form an independent stage of criminal procedure. We studied the opinions and statements of practitioners and scholars in the field of criminal procedure concerning the role and importance of criminal proceedings aimed at the execution of a sentence as an independent stage of criminal procedure, institution of criminal procedural law, a separate phase of criminal procedure and the theoretical arguments as to the essential nature and meaning of the execution of a sentence in criminal procedure. We conclude that criminal proceedings aimed at presenting the sentence for execution, consideration and resolution by the court of the issues related to its execution form the content of an independent stage of criminal procedure, which has all the necessary and characteristic features. Key words: execution of a sentence; stage of criminal procedure; subjects of execution of a sentence; criminal justice; criminal proceedings.

scholarly journals "The Extraordinary Powers of the Judicial Control Officer in the Criminal Code of the Saudi Criminal Procedure Law, "Comparative Study of Some Arab Laws: السلطات الاستثنائية لمأمور الضبط القضائي في الجرم المشهود في نظام الاجراءات الجزائية السعودي، "دراسة مقارنة ببعض القوانين العربية"

2017 ◽  
Vol 1 (6) ◽  
Author(s):  
Khadija Abdel Hamid Mustafa Qatishat
Keyword(s):  
Comparative Study ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Investigation ◽  
Criminal Offense ◽  
Judicial Control ◽  
Time Period ◽  
Criminal Procedure Law ◽  
Definition Of ◽  
Descriptive Method

The aim of the research is to identify the exceptional powers of the arresting officers in the criminal offense of the Saudi criminal procedure system and the comparative laws by following the comparative analytical descriptive method, the definition of the concept of the known offense and the judicial controls in cases where the conditions of the offense are observed, Of the Disciplinary Officer. The results of the comparison between the provisions of the exceptional authorities in the Saudi system and some comparative Arab laws showed that the Saudi regulator used the term "flagrante" and did not use the term "crime" as the most comparable laws. He did not specify the severity of the crime as one of the most important direct controls of the criminal investigation officer to investigate the case of flagrante delicto, nor did he specify the time period in which the crime would continue in the case of flagrante delicto. The researcher recommended the use of the term "wearing clothes" instead of the "offense" in the Saudi system, and adding a text specifying the criterion for estimating the seriousness of the crime in case of flagellation.

scholarly journals Manifestations Of Dispositiveness In The Criminal Procedure Policy In Germany: Some Aspects

2019 ◽  
pp. 73-79
Author(s):  
Yu.I. Mykytyn
Keyword(s):  
Decisive Role ◽  
Criminal Procedure ◽  
Criminal Investigation ◽  
Remedial Measures ◽  
Criminal Process ◽  
Recovery Programs ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Positive Results

This article analyzes some aspects of dispositiveness in the criminal procedure policy in Germany. The basic aspects of mediation as a manifestation of dispositiveness in the criminal procedure policy of Germany are investigated. It is considered that: 1) the manifestations of dispositiveness in the criminal procedure policy of Germany are reflected through the mediation procedure, which is based on the institution of reconciliation; 2) mediation is part of the criminal process and can be applied at the stages of criminal investigation and trial; 3) the prosecutor’s office and the court have a decisive role in the implementation of the remedial measures; 4) mediation procedures are conducted by specially trained mediators, who can work under the auspices of non-governmental organizations (mainly public) and the municipality; 5) recovery programs are applied in the commission of small and medium-sized crimes; 6) the use of mediation has significant positive results and it is becoming more widespread.  

scholarly journals Warrant of Termination of Investigation (SP3) Issued Based on Peace Agreement Between Suspects and Reporters in Ordinary Offences

Lentera Hukum ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 275
Author(s):  
Azizul Hakiki
Keyword(s):  
Criminal Procedure ◽  
Criminal Investigation ◽  
Legal Analysis ◽  
Criminal Offence ◽  
Peace Agreement ◽  
Peace Agreements ◽  
Procedure Code ◽  
The Status ◽  
Implementation Level ◽  
Legal Grounds

Warrant of Termination of Investigation (SP3 – Surat Perintah Penghentian Penyidikan) is applied as the power granted to the investigator of a criminal act.  Article 109 paragraph (2) of Law No. 8 of 1981 on the Criminal Procedure Code (KUHAP – Kitab Undang-Undang Hukum Acara Pidana) states that there are three requirements to stop a criminal investigation: (a) insufficient evidence; (b) the act committed by the suspect is not a criminal offence; and (c) the investigation is stopped by law. These three conditions are alternative conditions. At the implementation level, there are many cases that are terminated because they fulfill these three requirements. However, it is not uncommon for cases that have progressed to the stage of investigation be stopped as well because the suspected and the reporter reached a peace agreement through mediation facilitated by police investigators. The mediation condition will impact the ongoing investigation since the investigation should be stopped and police should revoke the report of the investigation concerned. Whereas, in this context, the status of this case is an ordinary offence status which means that the revocation of the report has no consequences with the ongoing investigation.  Peace agreements impact ongoing investigations. Whereas the investigation should be stopped and police should revoke the offense report, under extant legislation, investigations maintain ordinary offence status, meaning revocation of the offense report has no effect on the ongoing investigation. The investigation cannot be stopped with any other reasons excepts those that stated in Article 109 paragraph (2). The fact that the revocation of the report of investigation leads to the termination of the ongoing investigation as evidenced by the issuance of SP3. While the issuance of SP3 enables termination of an ongoing investigation by revoking the report of investigation, investigation termination requirements explicitly state that an agreement reached through a mediation mechanism cannot provide legal grounds to issue SP3. This paper provides a normative legal analysis of the validity of investigation termination as the result of an agreement reached through a mediation mechanism. Investigations that terminated based on an agreement achieved by mediation mechanism will create space for third parties to utilize a pre-trial mechanism whose purpose is to test the validity or termination of the investigation. Keywords: Termination of Investigation, Criminal Law, Criminal Procedure

scholarly journals PARTICIPATION OF EXPERTS IN JUDICIAL CONSIDERATION OF CRIMINAL CASES – INNOVATIVE APPROACH

2018 ◽  
pp. 137-144
Author(s):  
I. Kalancha
Keyword(s):  
Criminal Procedure ◽  
Electronic System ◽  
Criminal Investigation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Electronic Signature ◽  
Examination Procedure ◽  
Virtual Office ◽  
Procedure Code ◽  
Distance Communication

This article deals with topical issues of innovative enhancement of expert participation in criminal proceedings. It is identified the problematic questions of an expert’s examination during the trial to clarify or supplement its conclusion in accordance with Section 7, Article 101 CPC of Ukraine. It has been learned the experience of distance communication with court experts in Australia and Spain as well as took into account the shortage of personnel in the Expert Service of the Ministry of Internal Affairs of Ukraine and expert institutions of the Ministry of Justice of Ukraine. On this basis, it is proposed to consolidate the Criminal procedure code of Ukraine and to technically provide a remote procedure for the participation of experts during criminal proceedings. It has been suggested for experts to be involved in criminal proceedings through an electronic exchange of data between the court’s systems and experts. In order to accomplish these tasks, it is proposed to develop an electronic system based on the Register of Certified Forensic Experts. This system should provide the following: maintaining a register of forensic experts and reflecting the types of expertise that the expert can carry out and the level of workload of the expert; exchange of electronic procedural documents with the subjects of criminal proceedings; distance communication with the court. An electronic expert system should also include: automatic examination of the expert’s authority when conducting an electronic examination procedure appointment; authentication on the basis of an electronic signature in the manner prescribed by law; creation of electronic conclusions of experts, their signing by electronic signature, and exchange of electronic procedural documents with the subjects of criminal proceedings. The article describes the introduction of an electronic criminal procedure for the appointment of an expert examination so that the expert receives access to the necessary criminal investigation information through a personal virtual office in the electronic system. Key words: criminal proceedings, subjects of criminal proceedings, register of forensic experts, types of forensic examinations, electronic procedural documents.

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