scholarly journals Contracting Forensic DNA Experts by the Defense in Hungarian Criminal Procedure

2021 ◽  
Vol 69 (6. ksz.) ◽  
pp. 39-54
Author(s):  
Mónika Nogel
Keyword(s):  
Expert System ◽  
Essential Role ◽  
Dna Analysis ◽  
Criminal Procedure ◽  
Legal Environment ◽  
Expert Evidence ◽  
Forensic Dna ◽  
Criminal Proceedings ◽  
Criminal Cases

Most of the studies published in Hungary on the judicial expert system and expert evidence in criminal proceedings do not deal with the question whether the availability of forensic DNA experts is adequate for the defense. This paper examines the current legal environment and focuses on this question. The study also gives a brief overview of the circumstances when DNA analysis plays an essential role in criminal cases. Finally, the article will show whether the defense can employ its own forensic DNA expert in criminal cases.

scholarly journals The psychiatrist as expert witness. Part 2: criminal cases and the Royal College of Psychiatrists' guidance

2008 ◽  
Vol 14 (2) ◽  
pp. 109-114 ◽  
Author(s):  
Keith J. B. Rix
Keyword(s):  
Royal College ◽  
Expert Witness ◽  
Criminal Procedure ◽  
Expert Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
England And Wales ◽  
Court Of Appeal

Psychiatrists reporting in criminal cases in England and Wales are now governed by the Criminal Procedure Rules on expert evidence and these will require changes to the format and content of psychiatrists' reports in criminal proceedings. This article sets out the new rules and also draws attention to additional requirements made by the Court of Appeal and, when instructed by the police or the Crown Prosecution Service, by the Crown Prosecution Service. It also draws attention to the report of the Scoping Group on Court Work of the Royal College of Psychiatrists.

scholarly journals The use of digital communication technologies in the context of a pandemic as a way to improve the effectiveness of justice

2021 ◽  
Vol 7 (1) ◽  
pp. 95-101
Author(s):  
E. V. Smakhtin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Information Technologies ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Federal Constitutional ◽  
The Russian Federation

The article deals with the peculiarities of the activity of courts in making judicial decisions in the context of a pandemic. First of all, we are talking about the wider use of digital and information technologies in criminal proceedings, which have previously been repeatedly recommended by forensic science for implementation in judicial practice. Some recommendations of criminalistics are currently accepted by the Presidium of the Supreme Court of the Russian Federation in its Decision dated April 08, 2020 № 821 and Review on certain issues of judicial practice related to the application of legislation and measures to counteract the spread of a new coronavirus infection (COVID-19) in the territory of the Russian Federation № 2, which provided appropriate explanations for their use in practice. In particular, we are talking about the possibility of using video conferencing systems for certain categories of criminal cases and materials that are considered urgent, although this is not provided for in criminal procedure legislation. It is concluded that it is necessary to change the current criminal procedure legislation, bring it into line with the Constitution of the Russian Federation, federal constitutional laws, federal laws and subordinate regulatory legal acts, including orders of the Judicial Department under the Supreme Court of the Russian Federation.

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

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.

Termination of Criminal Proceedings in Public Criminal Cases by Courts of First Instance Under Art. 24, Para. 1, Item 5 of the Bulgarian Code of Criminal Procedure and Its Compliance with European Union Law

De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Debora Valkova-Terzieva ◽  
Keyword(s):  
European Union ◽  
Criminal Procedure ◽  
The European Union ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
European Union Law ◽  
Member States ◽  
The Subject

The subject of this research is a specific prerequisite for the termination of criminal proceedings in public criminal cases, regulated in Article 24, Paragraph 1, Item 5 of the Bulgarian Code of Criminal Procedure. This analysis was necessitated by the fact that the European Union had introduced certain obligations for the Member States.

Conclusion

2020 ◽  
pp. 363-372
Keyword(s):  
United States ◽  
Human Rights ◽  
United Kingdom ◽  
Dna Analysis ◽  
The United States ◽  
Forensic Dna ◽  
Criminal Cases ◽  
Forensic Dna Analysis ◽  
The Past ◽  
Dna Technology

The first applications of DNA technology in criminal cases took place in the United States and United Kingdom more than 30 years ago. What have we learned over the past three decades from the use of forensic DNA analysis in criminal and human rights investigations and humanitarian disasters? And what challenges, opportunities, and potential pitfalls lie ahead?...

9. Opinion evidence

2017 ◽  
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Expert Opinion ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Criminal Cases ◽  
Civil Cases ◽  
The Uk

This chapter, which focuses on opinion evidence in criminal and civil cases in the UK, explains the rule on the admissibility of opinion, including expert opinion, as well as notice and disclosure in criminal cases under the Criminal Procedure Rules 2014. The criteria for the admissibility of expert evidence, the responsibilities of expert witnesses, and the approach of the courts to new areas of expertise are examined in detail. It also considers the presentation of expert evidence, including the use of court-appointed experts, in civil cases under the Civil Procedure Rules, and, finally, examines the ultimate issue rule, which has been abolished by section 33(1) of the Civil Evidence Act 1972.

scholarly journals Experts and pretenders: Examining possible responses to misconduct by experts in criminal trials in England and Wales

2020 ◽  
Vol 24 (2) ◽  
pp. 180-207 ◽  
Author(s):  
Elaine Freer
Keyword(s):  
Expert Witness ◽  
Expert Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Trials ◽  
England And Wales ◽  
Academic Literature ◽  
Criminal Sanctions ◽  
Administration Of Justice ◽  
Disciplinary Procedures

Much academic literature explores the reliability of expert evidence in criminal proceedings in England and Wales. However, almost no attention has been paid to misconduct by experts giving evidence in criminal cases. Whilst rare, its serious impact on the administration of justice and public trust in it means that this area requires analysis. This article explores possible responses to expert witness misconduct occurring in the context of criminal proceedings in England and Wales, noting particularly the differences in responses available, depending firstly upon whether the expert is a registered professional, and secondly whether the expert has stepped outside of their expertise; did not have relevant expertise at all, or was dishonest. Professional disciplinary procedures focus on ‘fitness to practise’, and it is argued that this is sufficient where a registered professional has overstepped their expertise, but has not displayed mala fides. On the contrary, where someone gives evidence purporting to have expertise that they do not, or lies about their conduct as an expert in the case, criminal sanctions are available, appropriate, and should be used. These include contempt of court; perverting the course of justice; fraud by false representation, and perjury.

Analyzing Foundations of Imposing a Monetary Penalty on Parties to a Criminal Proceeding

2020 ◽  
Vol 10 (2) ◽  
pp. 682
Author(s):  
Arman SAKHARBAY ◽  
Askar Kadyrovich KALIYEV ◽  
Moldir Saparbekkyzy BAIKOMUROVA
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Regulatory Systems ◽  
Legal Nature ◽  
The Usa ◽  
Legislative Framework ◽  
The Uk ◽  
Original Approach

The research analyzes the possible application and effectiveness of a monetary penalty as one of the most useful sanctions to maintain the established order of criminal justice, as well as develops constructive proposals to improve the criminal procedure legislation based on the conducted survey. To this end, the authors of the article have studied the criminal procedure legislation of Kazakhstan and legislation on administrative offenses, considered scientific opinions presented in numerous publications on relevant topics and conducted a comparative analysis of regulatory systems in Kazakhstan, Germany, Austria, the USA and the UK. As a result, the authors have established that one of the main reasons hindering the adequate implementation of criminal justice is the violation of obligations to participate in criminal proceedings by persons named in the Criminal Procedure Code of Kazakhstan. To maintain procedural discipline, the court is provided with ample opportunities in the form of coercive measures, including a monetary penalty. The authors have investigated the legal nature of a monetary penalty and compared it with administrative fines. The authors have considered grounds and application procedures for this sanction in the criminal procedure legislation of Kazakhstan and some foreign legal systems. The authors have determined the problems of its implementation caused by the slovenly legislation of a monetary penalty that impedes law enforcement activity. A comprehensive analysis allows developing proposals for improving the use of monetary penalties as measures of coercion for criminal cases heard in the court. If these proposals are enshrined in the existing regulatory framework and put into practice, they will strengthen the discipline of parties to criminal proceedings, ensure the strict observance of criminal proceedings and increase their general effectiveness. Due to its conclusions and proposals, the article demonstrates the novelty of the conducted research, the authors' original approach to the analysis of information and innovative ways to improve the existing legislative framework.

scholarly journals Features of criminal procedure evidence carried out by the investigator, in the context of digitalization of criminal proceedings

2020 ◽  
pp. 82-88
Author(s):  
O. A. Malysheva
Keyword(s):  
Digital Technologies ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Foreign Experience ◽  
Digital Format

The article focuses on the change in the rules of criminal procedure evidence, due to the increasingly active introduction of digital technologies in the criminal procedure sphere. Taking into account the foreign experience of initiating and investigating criminal cases in digital format, the article clarifies promising areas of digitalization of Russian criminal proceedings. Means that prevent the investigator from violating the procedural form of evidence when using digital technologies in criminal proceedings are determined.

scholarly journals Counteraction to Miscarriage of Justice in Ukraine

2019 ◽  
Vol 2 (3) ◽  
pp. 96-105
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Proceeding ◽  
Specific Regulation ◽  
Miscarriage Of Justice

Investigation of crimes against justice in Ukraine is among topical problems of miscarriage of justice. Hundreds of criminal cases are recorded as a crime in the Official Register in Ukraine but only a few have been brought to the court. In this article we try to approach this problem in three ways: from the point of view of criminal law, criminal procedure and criminalistic measures of counteraction to miscarriage of justice. Such an approach helps to demonstrate problems of investigator, prosecutor and judge at different stages of criminal proceeding. Special attention is paid to specific regulation of the issues of criminal proceedings against a certain category of persons, including judges. Mistakes of representatives of law enforcement bodies become visible as a result of analyzing of real criminal cases. Such an analysis is aimed to disclose the problem of counteraction to miscarriage of justice in Ukraine.

Sign in / Sign up

Export Citation Format

Share Document