scholarly journals Lavagem de dinheiro e infração antecedente: Conexão e seus efeitos

2020 ◽  
Vol 6 (1) ◽  
pp. 173-208
Author(s):  
Victor Nasralla
Keyword(s):  
Money Laundering ◽  
Criminal Proceedings ◽  
General Rules ◽  
Specialized Courts ◽  
The Subject ◽  
Private Individual

The purpose of this article is to analyze the application of the rules that deal with connection between cases (joinder of actions) in criminal proceedings, specifically regarding money laundering crimes and their previous crimes. For this purpose, specific ordinary legislation on the processing of money laundering crimes and their previous crimes will be analyzed, as well as the general rules of the Brazilian Code of Cri- minal Procedure on the subject, in addition to secondary laws regarding extending jurisdiction (creation of specialized courts), always having as premise the content and the limits which ensures the constitutional guarantee of a natural judge. Thereafter, the delimitation of jurisdic- tion will be analyzed in cases of connection between a previous crime within the jurisdiction of the Electoral Court and the crime of money laundering, as well as a previous offense committed by one with exclu- sive jurisdiction and the crime of money laundering committed by a private individual without the privilege of venue, or vice versa, and in the event that both defendants have jurisdiction due to the prerogative of function, but which the Constitution assigns to different courts.

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".

Stages and methods of legalization of criminal proceeds obtained as a result of economic and tax crimes

2020 ◽  
Vol 2020 (3) ◽  
pp. 148-156
Author(s):  
Pyotr Ivanov
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Economic Security ◽  
Theory And Practice ◽  
Scientific Publications ◽  
The Subject ◽  
Points Of View ◽  
Internal Affairs

In this article, based on the study and analysis of operational-search legislation, scientific publications, law enforcement practice and the criminal situation in the field of legalization, the operationalsearch counteraction to the legalization of income received from the Commission of tax crimes is considered. The paper focuses on the stages (stages) of laundering, the existing points of view on this account, as well as on the methods of illegal withdrawal of funds abroad. The author of the article aimed to develop scientifically based proposals and recommendations for improving the effectiveness of this type of activity by the territorial bodies of internal Affairs and their divisions of economic security and anti-corruption. It is proposed to put forward and work out operational search versions within the subject of study, as well as to develop, taking into account the methods (schemes) used by criminals to launder criminal proceeds and illegally withdraw funds abroad for the purpose of their subsequent legalization, operational search measures to document their criminal actions. In addition, the author recommends constant monitoring of money laundering methods based on operational and investigative practices. The results and key conclusions formulated in this article can be used in the theory and practice of operational investigative activities of internal Affairs bodies to counteract the legalization of income received from tax crimes.

scholarly journals Prohibition of interrogation of notaries as witnesses in criminal proceedings

1970 ◽  
pp. 345-349
Author(s):  
Ulyana Polyak
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Literature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
The Law ◽  
Notary Public ◽  
Made In

The current criminal procedure law of Ukraine stipulates that a witness is obliged to give a true testimony during pre-trial investigation and trial, however, the legislator made an exception for this by specifying the categories of persons who have been granted immunity from immunity, ie they are released by law. testify. The article deals with the problems of law and practice regarding the prohibition of the interrogation of a notary as a witness in criminal proceedings and the release of him from the obligation to keep the notarial secret by the person who entrusted him with the information which is the subject of this secret. The notion of notarial secrecy is proposed to be changed, since the subject of this secrecy is not only information that became known to the notary public from the interested person, but also those information that the notary received from other sources in the performance of their professional duties, as well as the procedural activity of the notary himself, is aimed at achieving a certain legal result. The proposal made in the legal literature to supplement the CPC of Ukraine with the provisions that a notary is subject to interrogation as a witness on information that constitutes a notarial secret, if the notarial acts were declared illegal in accordance with the procedure established by law The proposal to increase the list of persons who are not subject to interrogation as witnesses about the information constituting a notarial secret is substantiated, this clause is proposed to be supplemented by provisions that, apart from the notary, are not notarized, other notarials, notaries as well as the persons mentioned in Part 3 of Art. 8 of the Law of Ukraine "On Notary". Amendments to the current CPC of Ukraine by the amendments proposed in this publication will significantly improve the law prohibiting the interrogation of a notary as a witness in criminal proceedings, as well as improve certain theoretical provisions of the institute of witness immunity in criminal proceedings.

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.

4. The course of the trial

Evidence ◽  
2019 ◽  
pp. 140-200
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
Trial Judge ◽  
The Core ◽  
The Subject ◽  
The Right

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the trial judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; witness support; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases. Many of the rules apply to civil and criminal proceedings alike. However, as elsewhere in this book, the accent will be on rules of criminal evidence.

Limits of proof in criminal proceedings

2020 ◽  
pp. 82-86
Author(s):  
Aleksei Marochkin ◽  
Viktoriya Slyvnaya
Keyword(s):  
Criminal Procedure ◽  
Reasonable Doubt ◽  
Main Body ◽  
Criminal Proceedings ◽  
Research Activity ◽  
Judicial Practice ◽  
Evidence Collection ◽  
The Subject ◽  
European Standards ◽  
The Moment

Problem setting. Proving in criminal proceedings is evidence collection and research activity of special subjects of criminal proceedings. The specific purpose of prooving is to obtain knowledge that is close to reality. To achieve this purpose, the theory of criminal procedure operates with the concept of “limits of proof”. In view of the above, it is important to study this phenomenon, because, firstly, there is no legislative regulation, and secondly, there is no unity in the theory of criminal procedure on this issue. Target research. The aim of the work is to define the concept of the limits of proof; to find out the moment of reaching the limits of proof and cases of narrowing and expanding the limits of proof; to analyze case law on this issue. Analysis of recent research and publication. The question of determining the limits of proof, their relationship with the subject of prooving has been the subject of scientific research. In particular, the works of such researchers in the field of criminal procedure as A.R. Belkin, V.V. Vapnarchuk, G.F. Gorsky, Yu.M. Groshev, V.S. Zelenetsky, E.G. Kovalenko, L.D. Kokorev, R.V. Kostenko, R.D. Rakhunov, В.В. Rozhnov, V.G. Tanasovich, F.N. Fatkullin, A.A. Khmirov deserve attention. Article’s main body. The article discusses the concept and significance of the limits of proof in criminal proceedings, analyzes the differences between them and other procedural categories, and analyzes doctrinal developments regarding the criteria for reaching boundaries and judicial practice in cases of expanding or narrowing the limits of proof. Conclusions and prospect of development. Thus, the study allows us to state that the concept of the limits of proof in criminal proceedings is multifaceted and important because it aims to achieve fair trial. The limits of proof are individual for each specific criminal proceeding, and an important criterion for determining it is the standard of proof of guilt “beyond a reasonable doubt”. That is why the future study of this phenomenon in criminal proceedings becomes relevant due to the need to bring national criminal proceedings closer to European standards of justice.

scholarly journals Medical and Chemical Expertise in English Trials for Criminal Poisoning, 1750–1914

2006 ◽  
Vol 50 (3) ◽  
pp. 373-390 ◽  
Author(s):  
Katherine D Watson
Keyword(s):  
Nineteenth Century ◽  
Expert Testimony ◽  
Late Nineteenth Century ◽  
Legal Practice ◽  
Criminal Proceedings ◽  
Criminal Trials ◽  
Medical Expertise ◽  
History Of ◽  
The Subject ◽  
Eighteenth And Nineteenth Centuries

This article contributes to the literature on the history of medico-legal practice by using a survey of 535 poisoning cases to examine the emergence of forensic toxicological expertise in nineteenth-century English criminal trials. In emphasizing chemical expertise, it seeks both to expand upon a limited literature on the history of the subject, and to offer a contrast to studies of criminal poisoning that have tended to focus primarily on medical expertise. Poisoning itself is a topic of abiding interest to historians of forensic medicine and science because (together with insanity) it long tended to attract the greatest attention (and often confrontation) in criminal proceedings. In looking at a wide number of cases, however, it becomes apparent that few aroused true medico-legal controversy. Rather, the evidence from several hundred cases tried as felonies during the eighteenth and nineteenth centuries indicates that prior to the 1830s few presented any opportunity for “a battle of experts”. While Ian Burney and Tal Golan have shown that this was certainly not the case during the mid and late nineteenth century, this paper goes further by dividing the period under study into three distinct phases in order to show how expert testimony (and experts themselves) changed during the course of the century, and why this process opened a door to the potential for formalized controversy.

3. Negligent harm to the person: general considerations

2013 ◽  
Author(s):  
Steve Hedley ◽  
Nicola Padfield
Keyword(s):  
Personal Injury ◽  
The Core ◽  
General Rules ◽  
The Subject ◽  
Breach Of Duty ◽  
Nervous Shock

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with negligence as it relates to claimants who have suffered personal injury. It discusses the general rules on establishing duty and breach of duty. It then describes the system of recovery for injuries in negligence. It also considers special categories of claimant: those who suffer nervous shock, those complaining of negligence in relation to birth, and rescuers.

Tracing criminal proceeds through fungible mixtures in money laundering cases

2020 ◽  
Vol 23 (4) ◽  
pp. 783-792
Author(s):  
Kenny Foo
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Design Methodology ◽  
Criminal Proceedings ◽  
Content Type ◽  
Specific Focus ◽  
Civil Proceedings ◽  
Disclosure Obligations

Purpose The purpose of this paper is to examine the problem of tracing criminal proceeds through fungible mixtures, in the context of money laundering prosecutions and with a specific focus on whether clean withdrawals can be made from tainted mixtures. Design/methodology/approach The question of withdrawing clean funds from a tainted mixture is framed as a problem of proof rather than a problem of impossibility. The tracing rules are then engaged to overcome evidential difficulties, but the rules are shown to operate very differently in civil proceedings and criminal proceedings. The proper application of the tracing rules in criminal proceedings is then illustrated using the facts of William v R [2013] EWCA Crim 1262. Findings Because evidential uncertainties must be resolved in favour of the accused person in criminal proceedings, the tracing rules – properly applied – limit the range of situations in which the Prosecution can successfully trace criminal proceeds through fungible mixtures. Originality/value This paper may be useful to law enforcement, those involved in prosecuting or defending money laundering cases and regulated persons assessing their money laundering risks and disclosure obligations.

scholarly journals The German “Verständigung” and Consensual Elements in German Criminal Trials

2020 ◽  
Vol 21 (6) ◽  
pp. 1134-1148
Author(s):  
Matthias Jahn ◽  
Charlotte Schmitt-Leonardy
Keyword(s):  
A Priori ◽  
German Law ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Trials ◽  
Legal Doctrine ◽  
Negotiated Agreements ◽  
Traditional Sense ◽  
The Subject ◽  
The Individual

AbstractNegotiated agreements in criminal proceedings have often been regarded as the embodiment of a negative wider trend towards the informalization of the criminal procedure, and have—especially in Germany—long been the subject of vivid controversies. A criminal proceeding in the traditional sense aims to establish the truth ex officio, which is achieved by means of a comprehensive inquiry into the facts conducted by the court during the trial, followed by a sentence that appropriately reflects the individual guilt of the defendant, which can then, in turn, achieve the procedural objective of “justice.” A streamlining of the extensive inquiry into the facts that the court would normally have to conduct via the consensual process of negotiation does not, a priori, fit the mold of a criminal procedure in the aforementioned sense. At the same time, the consensual termination of criminal proceedings—which also includes other forms of termination of the proceeding besides the concept of Verständigung, which occur by means of a preferment of public charges—is, in fact, more prevalent in practice these days than judgments rendered in adversarial trials are. Our Article focuses on the reasons why this stark contrast between legal doctrine and reality came to pass and which aspects of the implementation of the concept of consensus into the German law of criminal procedure still seem problematic.

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