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

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.

scholarly journals Victims of Parental Kidnappings in Light of Polish Criminal Law (Based on the Results of Case Law Research)

2018 ◽  
Vol 6 ◽  
pp. 86-100
Author(s):  
Diana Dajnowicz-Piesiecka
Keyword(s):  
Full Article ◽  
Criminal Law ◽  
Case Law ◽  
English Abstract ◽  
Criminal Case ◽  
Criminal Cases ◽  
Parental Kidnapping ◽  
Polish Law ◽  
Article Abstract

[full article, abstract in English; abstract in Lithuanian] This paper concerns the victims of parental abductions in Poland. The aim of the article is to present the victims of parental abductions in the light of the Polish criminal case law. The study has an empirical character because it presents the results of research carried out using a criminal case law analysis. The study included 59 criminal cases concerning the parental kidnapping of a child. The research revealed that the Polish law treats the person from whom the child was kidnapped as a victim of parental kidnapping. Interestingly, the child is not considered a victim. Based on the research, a conclusion was formulated that parental abductions are not only the result of disputes between the parents of a child, but that children can also be abducted from the care of other people, for example, the directors of orphanages or grandparents who look after the children. This article argues that parental abductions are not only a problem for families but also for institutions professionally involved in childcare.

scholarly journals Decision of Linked with Narcotics Convicted in Act No. 35 Of 2009 in The District of Sumber Court

2018 ◽  
Vol 1 (3) ◽  
pp. 597
Author(s):  
Heni Agustiningsih ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Case ◽  
Criminal Cases ◽  
Modus Operandi

Concomitant with the increasing number of criminal cases concerning criminal law talks even more into the spotlight. One criminal case whose numbers have increased is the narcotic crime. The doers are not limited to age, gender or social strata. Increasing this narcotic crime was accompanied by the use of increasingly sophisticated modus operandi so, make the legislators felt the need to establish a new law governing narcotics. Judge in deciding should consider the value of certainty, justice and the role of the judge is kemafaatan for law enforcement and justice. Article 1 (1) of Act No. 48 Of 2009 regarding Judicial Power.Keywords: Effectiveness; Criminal Law;� Narcotics.

THE IDEA OF COMPROMISE IN THE RUSSIAN CRIMINAL PROCESS AS A MEANING OF COURT ACTIVITY OF CRIME

2021 ◽  
pp. 48-59
Author(s):  
Alexander G. Markelov ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Final Decision ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Process ◽  
The Individual

The article proposes an original approach that explains the obvious ideological nature of the use of compromise technologies on certain alternative procedures of the Russian criminal process and is considered as an applied tool for combating crime. Such proposals occur against the background of an obvious trend of humanization of punishment and exemption from criminal responsibility of certain categories of persons. The author claims justifiably that new prospectiveand at the same time conflict-free (compromise) forms of criminal procedure for the rapid resolution of criminal cases have been created in the Russian criminal process.At the same time, the author believes that one of the most important advantages of the use of compromise technologies, provided that there are no aggravating circumstances, is the ability to resolve the criminal-law conflict between the parties concerned quickly and create a favorable environment of reciprocity and understanding. The author believes that the idea of compromise as a certain measure of combating crime has already been implemented in modern procedural algorithms for resolving criminal cases through reduced criminal proceedings in the form of an inquiry, specific (compromise) proce-dures in the form of: the court making a final decision on a criminal case with the consent of the accused with the charge brought by the investigating authorities; the court making a final decision on a criminal case when concluding a pre-trial agreement on cooperation (a deal with justice); proceedings in a criminal case on the appointment of criminal-law measures in the form of a court fine when a person is exempt from criminal liability; a termination of the criminal case and criminal prosecution against the suspect or accused in conjunction with the reconciliation of the parties, a termination of criminal prosecution against the suspect or accused in conjunction with active repentance, a termination of criminal prosecution against the suspect or accused in cases of crimes in the field of economic activity, the election of certain preventive measures and the conduct of the individual investigative actions under the individual compromise circumstances. The author believes that the construction of a legal model of criminal procedure compro-mise as a measure to counter modern crime will contribute to the optimization of the Russian criminal proceedings in the interests of the individual, society and the state as a whole. The work proposes the justification of a new scientific direction - the criminal procedure concept of using compromise - and the prospects for its application in scientific research and practical activities to counter modern crime.

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

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

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

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

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.

Recklessness: the House of Lords and the criminal law

Legal Studies ◽  
1981 ◽  
Vol 1 (3) ◽  
pp. 267-286
Author(s):  
Jenny McEwan ◽  
St. John Robilliard
Keyword(s):  
Criminal Law ◽  
Criminal Court ◽  
Mens Rea ◽  
Criminal Cases ◽  
House Of Lords

‘The House of Lords has a dismal record in criminal cases. All too often their lordships’ decisions have to be reversed by legislation…the present decision could well be another'.In two recent criminal appeals of major importance on the meaning of mens rea, Caldwell and Lawrence, the House of Lords has departed so far from the academically accepted deffition of ‘recklessness’, that Professor Smith is driven to ask, ‘Can we really afford the House of Lords as an appellate criminal court?’. Such desperation surely indicates that their Lordships have got things badly wrong and it is our purpose in this article to examine whether this is indeed the case.

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

Lex Russica ◽  
2019 ◽  
pp. 117-131 ◽  
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.

scholarly journals ANALYSIS OF TYPICAL ERRONEOUS DECISIONS OF THE COURT WHEN THE SENTENCE

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.

scholarly journals Analysis of Protection of Major Witness in Corruption Eradication Cases

2021 ◽  
Vol 8 (11) ◽  
pp. 78-88
Author(s):  
Ismaidar .
Keyword(s):  
Criminal Law ◽  
Legal Aspect ◽  
National Development ◽  
Criminal Cases ◽  
Descriptive Research ◽  
Corruption Case ◽  
System 2 ◽  
The Common ◽  
Research Type

Corruption has become massive societal phenomenon that has been regarded as extraordinary crimes threatening Indonesian economy and impeding national development. All societal elements expect that it will not be unresolved problems. Until recently, criminal law policy in its attempt to eradicate corruption has more put emphasis on the perpetrator. Such policy on witness protection, in the criminal case of corruption, needs to be optimized because it can be an alternative legal instrument in the attempt to eradicate corruption. Law-enforcement authorities face difficulties in unfolding a corruption case because it is often well systematically planned. In many cases, witnesses are reluctant to report a corruption case because of threat, intimidation, and criminalization posed to them. Problems are (1) How is the regulation of witness protection act and the corruption eradication in Indonesia? (2) How is the urgency of witness protection in the criminal cases of corruption eradication? (3) How is criminal law policy on witness protection to facilitate the corruption eradication in Indonesia? This research employs normative juridical approach with the descriptive research type. Findings show that(1) the development of witness protection act in the corruption case is highly relate to the witness stand on the criminal justice system; (2) the urgency of witness protection in the corruption eradication process is highly related to the common occurrence of intimidation and threat toward the witnesses. It indicate that the witness and victim protection is an important and urgent legal aspect; (3) criminal law policy in the corruption eradication process put more emphasis on the perpetrators and less concern on the witnesses involved in legal investigation. It is necessary to optimize the role of LPSK in criminal law policy including in giving the protection to witness in the case of corruption eradication; therefore, it is important to conduct legal update on the witness protection act in the case of corruption eradication process. Keywords: Witness Protection, Corruption Eradication, Criminal Law Policy.

Sign in / Sign up

Export Citation Format

Share Document