scholarly journals Research on the Rules of Electronic Evidence in Chinese Criminal Proceedings

2020 ◽  
Vol 12 (3) ◽  
pp. 111-121
Author(s):  
Jin Du ◽  
Liping Ding ◽  
Guangxuan Chen
Keyword(s):  
Civil Rights ◽  
State Power ◽  
Criminal Procedure ◽  
Practical Significance ◽  
Criminal Proceedings ◽  
Electronic Evidence ◽  
Judicial Practice ◽  
Definition Of

As a new object in judicial practice, electronic evidence is of great practical significance. To locate the probative force of electronic evidence, which can be used to prove the facts of the crime, judging the electronic evidence validity, and how to establish scientific rules of electronic evidence, which not only effectively contains crime, but also protects civil rights from illegal infringement of state power becomes very important. This article outlines the definition of electronic evidence and rules and establishes a suitable electronic evidence system of China's criminal procedure system based on the analysis of problems in each link of judicial proof in judicial practice and the four aspects of judicial proof.

ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS

2017 ◽  
Author(s):  
Anastasiia Antoniuk ◽  
◽  
Valeriia Rusetska ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Specialized Knowledge ◽  
Legal Proceedings ◽  
Electronic Evidence ◽  
Effective Implementation ◽  
Procedure Code ◽  
Definition Of ◽  
Developed World ◽  
Theoretical Issues

This article is devoted to the consideration of theoretical issues related to the introduction in Ukraine of the institution of electronic evidence of criminal proceedings. The article also raises the question of ways to obtain electronic evidence. The article notes that in the modern developed world there are more and more new types of crimes. In this context, we will consider crimes closely related to the use of information technology. Proving such crimes raises some difficulties. To date, it is relevant to consolidate the concept of electronic evidence in the Criminal Procedure Code of Ukraine and the formation of a methodology for their study. Also, the author of the article notes that among the unresolved and problematic aspects of using electronic evidence in criminal proceedings in Ukraine, scientists distinguish: the lack of a clear procedural procedure for obtaining them in accordance with the Criminal Procedure Code of Ukraine; lack of grounds for declaring electronic evidence inadmissible; difficulties in identifying and fixing electronic evidence due to the lack of specialized knowledge among investigators, which necessitates the involvement of specialists for conducting legal proceedings; lack of a developed methodology for studying such evidence; lack of uniform terminology and regulation at the legislative level. It is determined in the article that for the effective implementation of international law in the field of combating cybercrime, it is advisable to substantiate the need for a legislative definition of electronic evidence, sources of their formation, the admissibility of international cooperation through the exchange of electronic evidence, the expediency of using electronic methods of sending requests and responses about their implementation, the possibility application of control information supply for investigation of transnational computer crimes. Based on the above, the author offers his own definition of electronic evidence. It is concluded that it is necessary to legislatively consolidate the term "electronic evidence" and continue to study the category, the importance of developing a methodology for studying electronic evidence, the procedure for collecting and recording them.

scholarly journals Doctrinal approach to the definition of the term “electronic evidence” in criminal proceedings

2021 ◽  
pp. 136-140
Author(s):  
Artem Kolichenko
Keyword(s):  
Criminal Procedure ◽  
Legal Norm ◽  
Evidence Based ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Electronic Evidence ◽  
Definition Of

The presence of terminological disunity in the doctrine of criminal procedure in the definition of the term “electronic evidence” leads to misunderstanding or even misunderstanding of the essence and purpose of the designated phenomenon. Thus, the purpose of the article is to develop the term «electronic evidence» based on the existing doctrinal provisions. In addition, this article attempts to consolidate the existing knowledge about the term “electronic evidence”, its future and present for the modern criminal process. The author emphasizes the impossibility of formulating a legal norm related to electronic evidence without a specific and clear concept.

scholarly journals SOME ASPECTS OF THE PROSECUTOR'S PARTICIPATION IN REHABILITATION (IN ACCORDANCE WITH CHAPTER 18 OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION)

2020 ◽  
Vol 30 (5) ◽  
pp. 747-752
Author(s):  
A.I. Shmarev
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right

The author of the article, based on the analysis of statistical indicators of the Prosecutor's office for 2018-2019 and examples of judicial practice, including the constitutional Court of the Russian Federation, examines the problematic issues of implementing the right to rehabilitation of persons unlawfully and unreasonably subjected to criminal prosecution, and the participation of the Prosecutor in this process. According to the author, the ambiguous judicial practice of considering issues related to the rehabilitation of this category of citizens requires additional generalization and analysis in order to make appropriate changes to the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 11 of 29.11.2011 "On the practice of applying the norms of Chapter 18 of the Criminal procedure code of the Russian Federation regulating rehabilitation in criminal proceedings". The examples given in the article of cancellation of lower-level court decisions were based on complaints of persons who independently sought to restore their rights, and not on the representations of the prosecutors involved in them, who were called upon to ensure the possibility of protecting human and civil rights and freedoms at the court session. The adoption of organizational measures, including those proposed by the author, in the system of the Prosecutor's office of the Russian Federation will increase the role of the Prosecutor in protecting the rights of illegally and unreasonably prosecuted persons.

THE WAIVER OF A RIGHT TO EXERCISE JUSTICE: LEGAL NATURE AND CONTENT

2021 ◽  
pp. 35-42
Author(s):  
I. V. Revina ◽  
◽  
O. S. Pashutina ◽  
I. N. Chebotareva ◽  
◽  
...  
Keyword(s):  
Civil Rights ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Rules ◽  
Judicial Practice ◽  
Administration Of Justice ◽  
Legal Nature ◽  
State And Society ◽  
Legal Duty ◽  
Procedural Support

The paper presents the results of legal research on the involvement of citizens in the administration of justice during criminal proceedings. The existing Russian criminal procedure legislation provides for a relevant procedure. However, some aspects of citizens’ participation in the administration of justice in the sphere of criminal proceedings, for today, are regulated insufficiently, which causes certain difficulties by an executor of law. The study focuses attention on the special constitutional and legal significance of such participation as a form of interaction of the state and society on the whole. The authors consider the participation of citizens in the administration of justice both as a constitutional guarantee of the defense of human and civil rights and freedoms in the Russian Federation and concerning the procedural support of the corresponding right of a criminal procedure participant. The paper states that citizens’ participation in the administration of justice is characterized to a greater degree by their rights than by responsibility. The authors justify the conclusion on the necessity of different interpretations of the concepts of civil duty and legal duty. Such attitude is proved by the fact that the imposed form of participation in justice does not make impossible the juror’s intentional violation of bans stipulated towards a juror. The paper pays attention to the study of the process of trial jury formation in criminal proceedings. The authors identified and analyzed the reasons for citizens’ unwillingness to exercise this right. The study considers both the admissible not contradictory to legal rules forms of such denial and its covert types hindering the administration of justice. It is identified that the waiver of a right to exercise justice can be caused both by objective and subjective factors. Based on the analysis of statistical data and with the account of the examples from judicial practice, the authors justify the necessity of further improvement of norms of the current legislation in ensuring the citizens’ participation in the administration of justice.

scholarly journals Problematic issues of judicial control in the criminal process of Ukraine

2021 ◽  
pp. 284-287
Author(s):  
Y. Voitovych
Keyword(s):  
Civil Rights ◽  
Criminal Procedure ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Judicial Control ◽  
Procedural Law ◽  
Criminal Procedure Law ◽  
The Law ◽  
Definition Of

The article considers the peculiarities of the legislative regulation of the institution of judicial control in the criminal process of Ukraine. The authors who paid attention to the research of this institute of criminal procedural legislation, the purpose of the research are determined. In particular, as a result, the definition of judicial control as an independent institution of procedural law has been clarified, taking into account both recent changes in procedural legislation and taking into account current changes. It is pointed out the imperfection of certain terms of the procedural law, which, among other things, affect the content of the institution of judicial control. The inconsistency of the content of the Criminal Procedure Code of Ukraine with the principles that preceded its adoption was emphasized. A gap in the procedural law has been identified, which consists in the lack of regulation of the actions of officials of the prosecution in the event of a court decision such as returning the indictment to the prosecutor as not meeting the requirements of the law. A comparative analysis of the criminal procedural norms that regulated the institution of additional investigation during the CPC of the USSR, with the rules that give the court the right to return the indictment to the prosecutor as one that does not meet the requirements of the law. The procedural powers of the investigating judge outside the stage of pre-trial investigation in criminal proceedings have been defined, and their inadequacy to restore the constitutional rights of a person, which could potentially be violated, has been criticized. The constitutional prescriptions that define human and civil rights are analyzed, their implementation is assessed in terms of the problem covered; It is concluded that the requirements of the Criminal Procedure Law do not comply with the Constitution of Ukraine, in particular, attention is focused on the possibility of restricting the constitutional rights of a person in the absence of an effective mechanism for their renewal. The conclusion was made on the basis of the analysis of constitutional norms and doctrine of law with regard to the definition of justice. Certain provisions of the law have been criticized, and suggestions for their improvement have been made. As a result, it is proposed to define judicial control as a direct verification by an investigating judge of the legality and validity of decisions, actions or omissions of the prosecution and other state bodies in criminal proceedings.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

Legal Nature of Private Video Recordings as Evidence in Criminal Proceedings

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Gergana Ivanova ◽  
Keyword(s):  
Criminal Proceedings ◽  
Electronic Evidence ◽  
Physical Evidence ◽  
Video Recordings ◽  
Main Emphasis ◽  
Legal Nature ◽  
Definition Of ◽  
Dual Treatment

The article analyzes the legal nature of private video recordings as evidence in criminal proceedings through the prism of the increasing development of technology and the concept of electronic evidence. The main emphasis in the paper is placed on the derivation of a definition of this particular source of evidence and the possibilities for its dual treatment as physical and non-physical evidence.

HEALTH DISORDER ASSOSIATED WITH PERMANENT DISABILITY AS THE SIGN OF BODILY HARM

2021 ◽  
Vol 74 (6) ◽  
pp. 1396-1400
Author(s):  
Igor І. Mytrofanov ◽  
Igor V. Lysenko ◽  
Mykola М. Riabushko ◽  
Volodymyr H. Hryn ◽  
Roman M. Riabushko ◽  
...  
Keyword(s):  
Bodily Harm ◽  
Criminal Proceedings ◽  
Ability To Work ◽  
Joint Research ◽  
Permanent Disability ◽  
General Ability ◽  
Judicial Practice ◽  
Permanent Loss ◽  
Definition Of ◽  
Medical Examinations

The aim: The paper is aimed at creation of the procedure and criteria for determining a health disorder associated with permanent disability as a sign of serious bodily harm. Materials and methods: To identify the problems faced by forensic medical and judicial practice in determining a health disorder associated with permanent disability, we studied more than 100 criminal proceedings from 2007 to the present time. Results: Ways to further improvement of the procedure for conducting expert studies on health disorders, associated with persistent loss of general ability to work as a characteristic feature of the bodily harm have been found to avoid errors in forensic medical and judicial practice. The issues of conducting forensic medical examinations to determine the degree of loss of general ability to work remain unresolved. The lack of joint research projects conducted by both medical and legal scientists leads to the polysemy and different approaches in the stating of certain concepts that are the subject of study of both medical and law sciences. Currently, the definition of the offence against health is debatable and the issues of criteria for determining such damage are not completely settled to date. Conclusions: We consider the development of the Procedure and Criteria for determining the degree (in percentage) of the permanent loss of general ability to work of victims of criminal offences, established by forensic medical experts, is crucial.

Process of detention in Ukrainian criminal procedure

2020 ◽  
Vol 5 (5) ◽  
pp. 216-222
Author(s):  
Dariya Lazareva ◽  
Nataliia Reztsova
Keyword(s):  
Criminal Procedure ◽  
Research Paper ◽  
Criminal Proceedings ◽  
Definition Of ◽  
Immediate Response

This research paper presents the analysis of essential characteristics of the detention process by an authorized official as an institution of criminal procedure. The author's definition of the concept of detention by an authorized official has been formulated. The authors have proposed to consider the use of this measure to ensure criminal proceedings as a form of proper and immediate response by authorized officials to the discovery of a crime and obtaining primary information that allows to reasonably suspect a person in its commission.

Artificial intelligence: criminal and procedural aspects

2021 ◽  
pp. 75-89
Author(s):  
Igor I. Kartashov ◽  
Ivan I. Kartashov
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Human Beings ◽  
Criminal Proceedings ◽  
Legal Advice ◽  
Judicial Practice ◽  
Legal Expert ◽  
To Come ◽  
Definition Of ◽  
Self Learning

For millennia, mankind has dreamed of creating an artificial creature capable of thinking and acting “like human beings”. These dreams are gradually starting to come true. The trends in the development of modern so-ciety, taking into account the increasing level of its informatization, require the use of new technologies for information processing and assistance in de-cision-making. Expanding the boundaries of the use of artificial intelligence requires not only the establishment of ethical restrictions, but also gives rise to the need to promptly resolve legal problems, including criminal and proce-dural ones. This is primarily due to the emergence and spread of legal expert systems that predict the decision on a particular case, based on a variety of parameters. Based on a comprehensive study, we formulate a definition of artificial intelligence suitable for use in law. It is proposed to understand artificial intelligence as systems capable of interpreting the received data, making optimal decisions on their basis using self-learning (adaptation). The main directions of using artificial intelligence in criminal proceedings are: search and generalization of judicial practice; legal advice; preparation of formalized documents or statistical reports; forecasting court decisions; predictive jurisprudence. Despite the promise of using artificial intelligence, there are a number of problems associated with a low level of reliability in predicting rare events, self-excitation of the system, opacity of the algorithms and architecture used, etc.

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