scholarly journals Thought fragments of Preliminary Session in Relation to Accusation and Evidentiary Procedure

2021 ◽  
Vol 69 (6. ksz.) ◽  
pp. 89-106
Author(s):  
Lívia Horgos
Keyword(s):  
Criminal Procedure ◽  
Special Regard ◽  
Preliminary Session ◽  
The Right ◽  
The Relationship ◽  
Legal Condition ◽  
Do So

The present study focuses on preliminary session, which was altered in its function by the resolutions of the new Law of Criminal Procedure (entering into force in 2018), that is Act XC of 2017 (henceforth LCP) with special regard to the relationship between accusation and evidentiary procedure with the help of a case. I also examine the rules of criminal procedure codified in Hungarian judicature, the function and influence of preliminary session, the main characteristics and the place of preliminary session among procedural forms of court procedures. The study examines whether preliminary session regulated by LCP meets the requirements and checks indictment eliminating unsubstantiated procedures. In case it fails to do so, what further regulations are needed to be added to present ones in order to meet requirements with special regard to codification policy embodied in criminal judicature, especially effectiveness, promptness, simplicity and coherence. I examine in details the possibility whether it could be the right and obligation of the court to examine not only the means of evidence deriving from legal elements and other informative elements contained in the presented indictment but also the legality of preliminary sessions and investigation procedures as a legal condition of initiating a court procedure. The study describes the regulation of LCP concerning evidentiary procedures in the preliminary session emphasizing the modifications by Act XLIII of 2020 concerning the interrogation of the accused. I examine its significance and point out whether anomalies in connection with the limits of evidentiary procedure are successfully eliminated in judicature.

The Historian’s Role, Public History, and the National Truth Commission in Brazil

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Samantha Viz Quadrat
Keyword(s):  
Public History ◽  
Truth Commission ◽  
Final Report ◽  
Military Dictatorship ◽  
Brazilian Government ◽  
The Right ◽  
The Military ◽  
The Relationship ◽  
National Reconciliation ◽  
Do So

AbstractIn 2011, twenty-six years after the end of the military dictatorship, the Brazilian government took the initiative of implementing the right to memory and to the truth, as well as promoting national reconciliation. A National Truth Commission was created aiming at examining and shedding light on serious human rights violations practiced by government agents from 1946 to 1985. It worked across the entire national territory for almost three years and established partnerships with governments of other countries in order to investigate and expose the international networks created by dictatorships for monitoring and persecuting political opponents across borders. This article analyzes the relationship between historians and the National Truth Commission in Brazil, in addition to the construction of dictatorship public history in the country. In order to do so, the Commission’s relationship with the national community of historians, the works carried out, as well as historians’ reactions towards its works, from its creation until its final report in 2014, will be examined.

Necessity

2020 ◽  
pp. 125-150
Author(s):  
Jonathan Quong
Keyword(s):  
Reasonable Cost ◽  
The Right ◽  
The Relationship ◽  
Do So

Chapter 5 develops and defends an original account of the necessity constraint on the use of defensive force. The chapter argues that the necessity condition is grounded in the right to be rescued from harm when this rescue can be provided at reasonable cost. The chapter argues that even wrongful attackers have the right to be rescued from serious harm when others can do so at reasonable cost, and this right explains why there is a necessity condition on the permissible use of defensive force. The chapter also offers criticisms of competing conceptions of the necessity condition, as well as offering a particular view regarding the relationship between necessity and liability.

Recht zur Intervention – Pflicht zur Intervention?

2021 ◽  
Keyword(s):  
Early Modern ◽  
Early Modern Period ◽  
Responsibility To Protect ◽  
Modern Period ◽  
Contractual Relationships ◽  
The Right ◽  
First Time ◽  
The Relationship ◽  
Do So

The responsibility to protect and intervention possessed a central political importance in the early modern period. This volume asks whether there was also a duty to intervene alongside the right to do so. This draws attention to the relationship between the responsibility to protect, security and reputation, which is the focus of the contributions the book contains. Chronologically, they range from the 15th to the 18th centuries and discuss monarchical duties to protect, alliance commitments, confessional legitimation and motives, as well as those based on patronage, contractual relationships and electoral processes. One of the book’s important findings is a deeper understanding of reputation, which is comprehensively examined here as a political guiding factor with reference to changing understandings of security for the first time.

Levinas, Darwall, and Løgstrup on Second-Personal Ethics

2018 ◽  
pp. 302-320 ◽  
Author(s):  
Robert Stern
Keyword(s):  
Moral Action ◽  
Personal Relation ◽  
Fundamental Difficulty ◽  
Personal Approach ◽  
Right Reason ◽  
The Right ◽  
Personal Ethics ◽  
The Relationship ◽  
Stephen Darwall ◽  
Do So

This article considers the relationship between Levinas’s ethics and the “second-personal” approach adopted by Stephen Darwall and K. E. Løgstrup. Darwall’s ethics treats the second-personal relation as one of command as an exercise of authority, while K. E. Løgstrup treats the second-personal relation as one of responsibility rather than command. It is argued that Løgstrup raises a fundamental difficulty for any command view, namely that the reason to act on a command is because one has been commanded to do so, where this cannot provide the right reason for a moral action. This article considers where Levinas should be located in this debate between the two models of second-personal ethics represented by Darwall and Løgstrup. It is suggested that while Levinas’s position reflects elements of both accounts, he is perhaps closer to the command approach, in a way that then makes him vulnerable to Løgstrup’s objections.

The Rise of the ‘Right-Hand House’ in the History and Historiography of the Xhosa

1975 ◽  
Vol 2 ◽  
pp. 113-125 ◽  
Author(s):  
J.B. Peires
Keyword(s):  
Historical Events ◽  
Historical Explanation ◽  
Historical Interpretation ◽  
The Past ◽  
Right Hand ◽  
Great House ◽  
Privileged Status ◽  
The Right ◽  
The Relationship ◽  
Do So

Among the Xhosa the institution of the ‘Right-Hand House’ acts both as a political charter and as an historical explanation. As a political charter it defines the relationship between the Ngqika Paramount (the Right-Hand House) of the Ciskei ‘Bantu Homeland’ and the Gcaleka Paramount (the Great House) of the Transkei Homeland. As it presently stands, the essence of this relationship is that the Ngqika Paramount recognizes the Gcaleka Paramount as his superior in rank, but without accepting any implications of practical political subordination. This position was defined by J.H. Soga, the standard authority on Xhosa history and customs, and himself an umNgqika, as follows: By courtesy, matters affecting Xosa customs might occasionally be referred to a chief of the older [i.e., Gcaleka] branch especially when a precedent was involved, but this did not prevent the Right-Hand House from following its own line of conduct, irrespective of what that precedent might be, should it choose to do so. Laws promulgated by the court of the Gaikas [Ngqika] were not subject to interference by the Gcaleka chief.In terms of historical explanation, secondary authorities from 1846 to 1975 have singled out the privileged status of the Right-Hand House as the principal cause of Xhosa political fragmentation.Whereas historians of Africa normally agree that institutions and their myths of origin are, at least in part, susceptible to historical interpretation and reconstruction, they may justifiably be more doubtful of an historical approach which seeks to explain historical events by imputing to the past the continuous retrogressive operation of institutions which can be seen to be operating in certain ways in the present. In this regard the present exercise has two aims.

scholarly journals Kedudukan Kesaksian Polisi Penangkap Dalam Pemeriksaan Perkara Tindak Pidana Penyalahgunaan Narkoba

2019 ◽  
Vol 3 (1) ◽  
pp. 114-128
Author(s):  
Teuku Hendra Gunawan ◽  
Dahlan Ali ◽  
M. Nur Rasyid
Keyword(s):  
Drug Abuse ◽  
Supreme Court ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Supreme Court ◽  
Police Presence ◽  
Article 50 ◽  
The Right ◽  
The Relationship

Putusan No. 1531 K/Pid.Sus/2010 Mahkamah Agung memutus bebas terdakwa tindak pidana narkotikabernama Ket San.Salah satu pertimbangan utama Mahkamah Agung adalah perihal kedudukan 2 (dua) orang polisi yang menangkap Ket San yang kemudian juga hadir sebagai saksi dipersidangan. Permasalahan yang perlu dikaji yaitu hubungan antara tersangka dengan polisi penangkapdan pembuktian kesaksian polisi penangkap dalam perkara tindak pidana penyalahgunaan narkoba.Tujuan penulisan untuk mengetahui hubungan antara tersangka dengan polisi penangkap dan bagaimana kekuatan pembuktian saksipolisi penangkap dalam perkara penyalahgunaan narkoba.Metode penelitian yang digunakan yaitu yuridis empiris. Hasil penelitian diketahui bahwa selama proses pemeriksaan berlangsung, seseorang yang disangka atau didakwa melakukan sesuatu tindak pidana dilindungi oleh hukum sebagaimana diatur dalam Pasal 50 sampai Pasal 68 KUHAP. Polisi Penangkap boleh bersaksi sepanjang memenuhi kualifikasi saksi sebagaimana diatur Pasal 1 angka 26 dan 27 KUHAP dan tidak dapat dipertimbangkan apabila keterangan saksi tersebut bertentangan dengan Pasal 185 ayat (6) KUHAP, secara formal kehadiran polisi penangkap di persidangan pada saat memberi keterangan yang sifatnya verbalisan. Disarankan bagi instansi penegak hukum untuk profesionalisme, wajib menghormati hak orang yang melakukan tindak pidana dalam memperoleh hak-haknya danketerangan saksi yang berasal dari Polisi Penangkap saja dalam satu perkara pidana sebaiknya dihindari kecuali Penuntut Umum memiliki alat bukti lain yang untuk mendukung pembuktian di persidangan.Ruling No. 1531 K/Pid. Sus/2010 Supreme Court break free of narcotics crime defendants named Ket San. One of the main considerations of the Supreme Court is about the position of two policemen who arrested Ket San which is then also present as witness in the courts. Problems that need to be examined are; the relationship between the suspect with police catcher and  the strength of police testimony in the case Crime Catcher drug abuse. The purpose of writing to find out the relationship between the suspect and catcher with the police how the strength of police testimony in the case Crime Catcher drug abuse. The research method used i.e. empirical juridical. The results of the research it is known that during the review process progresses, a person who is suspected or claimed to do something criminal acts are protected by law as set forth in article 50 to Article 68 Code of Criminal Procedure (KUHAP). Police Capture may testify all meet the qualifications of the witness as provided for article 1 numbers 26 and 27 Code of Criminal Procedure and cannot be taken into consideration when the witnesses are contrary to Article 185 paragraph (6) of the Code of Criminal Procedure, formally capture police presence is used at the time of giving the information to its verbalisan. Recommended for law enforcement agencies to work are professionalism, respect the right of the person obligated to perform criminal acts in obtaining his rights. And witnesses who came from the police only Catcher in one criminal cases should be avoided unless the Prosecutor has evidence sufficient to support another proof in court.

scholarly journals The Relationship Between the Right to Security and the Right to Freedom in Islam and the Study of Formal Rules for Relinquishing these Rights in Iran

2021 ◽  
Vol 39 (71) ◽  
pp. 767-788
Author(s):  
Seyed Mehdi Mansouri ◽  
Mohammad Reza Rahmat
Keyword(s):  
Criminal Law ◽  
Analytical Method ◽  
Criminal Procedure ◽  
Point Of View ◽  
Iranian Revolution ◽  
Personal Security ◽  
Different Types ◽  
The Right ◽  
The Relationship ◽  
Formal Rules

This article raises fundamental conceptual questions about the relationship between the right to security and freedom, from the point of view of Islam. Also, in criminal law in Iran, the relationship between freedom and security is examined in all formal laws adopted after the Iranian Revolution. This study was conducted with a descriptive-analytical method using sources and documentary texts with the aim of explaining the relationship between the right to security and freedom in Islam and, at the same time, analyzing the formal rules of renunciation of these rights in formal laws and regulations. It is concluded that in Islam three types of minima, intermediate and maximum relations between security and freedom are conceivable. These three proportions, in addition to fulfilling the existence of security and freedom; introduce different types of relations between the two rights referred to according to the conditions that can be implemented. Likewise, when examining the formal norms, it can be recognized that the Code of Criminal Procedure, approved on 23.02.2014, has eliminated all the defects and ambiguities of the previous law in the field of the right of persons to liberty and personal security.

Heinrich von Kleist and the Right to War

Romanticism ◽  
2018 ◽  
Vol 24 (3) ◽  
pp. 245-254
Author(s):  
Jan Mieszkowski
Keyword(s):  
Heinrich Von Kleist ◽  
The Right ◽  
Do So

This essay explores the conceptualization of warfare in Romanticism. The focus is on two plays by Heinrich von Kleist, Penthesilea and Prince Friedrich von Homburg. I begin by discussing Carl von Clausewitz's influential understanding of conflict and the problems that arise when he attempts to explain the interdependence of warring parties. I go on to argue that in Kleist's dramas war is a competition between different languages of authority. When no coherent paradigm of agency emerges from this contest, the right to wage war is revealed to be anything but a guarantee that one knows how to do so.

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