scholarly journals Efficiency of Pre-Trial Proceedings – Research, Evaluation, Criteria and Influence of Legislative Changes

2021 ◽  
Vol 5 (2) ◽  
pp. 141-142
Author(s):  
Patrícia Krásná ◽  
Stanislav Mihálik ◽  
Veronika Marková
Keyword(s):  
Criminal Law ◽  
Research Evaluation ◽  
Evaluation Criteria ◽  
Police Force ◽  
Scientific Conference ◽  
Legislative Changes

An international scientific conference organized by the Academy of the Police Force in Bratislava entitled: “THE EFFICIENCY OF PRE-TRIAL PROCEEDINGS – RESEARCH, EVALUATION, CRITERIA AND INFLUENCE OF LEGISLATIVE CHANGES” was held on 04th and 5th November 2021 at the Academy of the Police Force in Bratislava, within the project APVV-19-0102 “The efficiency of pre-trial proceedings – research, evaluation, criteria and influence of legislative changes” under the auspices of Dr. h. c. prof. JUDr. Lucia Kurilovská, PhD., the Rector of the Academy of the Police Force in Bratislava and prof. JUDr. Jozef Čentéš, PhD., Head of the Department of Criminal Law, Criminology and Criminalistics, Comenius University in Bratislava, Faculty of Law.

scholarly journals Problematyka odpowiedzialności podmiotów zbiorowych w świetle węzłowych założeń projektowanych zmian ustawy o odpowiedzialności podmiotów zbiorowych za czyny zabronione pod groźbą kary

Ekonomia ◽  
2020 ◽  
Vol 25 (4) ◽  
pp. 63-72
Author(s):  
Anna Płońska
Keyword(s):  
Criminal Law ◽  
Law System ◽  
General Overview ◽  
Effi Ciency ◽  
Legislative Changes

The issue of collectiv e entities’ liability in the light of crucial assumptionsof proposed amendments to the Act on the Liability of Collective Entitiesfor Acts Prohibited under the Threat of PenaltyPursuant to the Act of 28 October 2002 — Act on the Liability of Collective Entities for Acts Prohibited under the Threat of Penalty, a new category of liability was introduced into the Polish criminal law system. There is no doubt that in certain cases the need to punish collective entities is justified and even necessary. However, after more than 15 years of the above mentioned Act being in force, due to the low eff ectiveness of its regulations regarding collective entities’ responsibility, its amendment becomes advisable. Although at the time of writing this article, work on the amendment of the provisions on collective entities’ liability is still in progress, the main assumptions of proposed legislative changes deserve attention. The key idea of the proposed changes is to increase the effi ciency of sanctioning collective entities, especially in cases of fi scal and economic off ences. This article aims at a general overview of the proposed changes in the light of current regulations, in terms of the new collective entity legal defi nition and the principles of its liability, including penalties.

A Research Evaluation of the Israeli New Pretrial Detention Act

2001 ◽  
Vol 35 (2-3) ◽  
pp. 266-284 ◽  
Author(s):  
Hagit Lernau
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Process Model ◽  
Due Process ◽  
Crime Control ◽  
Research Evaluation ◽  
Law System ◽  
Justice Process ◽  
The Law

One of the most influential attempts to describe and comprehend the criminal law system is Packer's celebrated notion regarding the “Two Models of the Criminal Justice System.” Packer regards the criminal justice process as an image constantly shifting between two conflicting models — the “Crime Control Model” and the “Due Process Model” of criminal law. The first model strives to create an effective criminal system that will protect society's right to peace and safety. This aim may be achieved by emphasizing the earlier, informal stages in the law enforcement procedure, namely, police investigation and the decision to prosecute. The second model aims to ensure that the law enforcement process, which is one of the most coercive powers of the state, will be conducted in a lawful manner that will protect suspects and defendants from both intentional wrongdoing and from unintentional mistakes.

scholarly journals The Stage of Assessing the Validity of the Complaint (Presentation) in Continuous Cassation

2020 ◽  
pp. 66-70
Author(s):  
Mikhail S. Spiridonov ◽  
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Cases ◽  
Legal Method ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Legislative Changes ◽  
And Shifts

With the introduction of continuous cassation in criminal cases on 01 October 2019, the content of the verification of the validity of the cassation complaint and presentation has changed. The science of criminal procedure has been faced with a new problem: to assess the effectiveness of legal regulation, in which the validity of the cassation complaint or presentation is verified directly at the hearing, not at the preliminary stage. The object of this research is criminal procedural relations that develop in the implementation of the norms of criminal procedure law that regulate cassation proceedings in criminal procedure. The research focuses on the norms of the constitutional and criminal procedure law of the Russian Federation, domestic and foreign legislation, generally recognized principles and norms of international law governing cassation proceedings, provisions of the science of criminal law and criminal procedure. The aim of the research is to reveal the essence of the introduced legislative changes concerning the stage of verification of the validity of the cassation complaint or presentation, to develop proposals for improving the legislation. The methods of analysis, synthesis and comparison were applied to determine the procedure for the verification of the validity of the cassation complaint or presentation by the court of the cassation instance. The comparative legal method was employed to study foreign forms of cassation proceedings. The formal legal method was used to analyze the content of the texts of normative legal acts regulating cassation proceedings. The research resulted in the following conclusions. The lack of a stage for assessing the validity of the cassation complaint (presentation) and the grounds for its transfer to the cassation court excessively strengthens the revision principle and shifts the balance towards the task of identifying and eliminating violations of the requirements for the final court decision. The solution to this problem is possible through the introduction of written cassation proceedings carried out by a panel of three judges, which will consider the issue of admissibility and validity of the complaint (presentation).

scholarly journals Proses Penyitaan Barang Bukti Dalam Tindak Pidana Narkotika

2020 ◽  
Vol 1 (1) ◽  
pp. 46-51
Author(s):  
I Kadek Sudikma ◽  
I Ketut Sukadana ◽  
I Nyoman Gede Sugiartha
Keyword(s):  
Criminal Law ◽  
Government Agency ◽  
Police Force ◽  
State Of Emergency ◽  
Criminal Offense ◽  
Library Research

The police force is a government agency that has the authority to conduct foreclosures. Foreclosures that are carried out must meet elements of a criminal offense. One example of confiscation carried out by the Police is confiscation carried out in the case of abuse of Narcotics. The purpose of this study is to describe the regulation of criminal law against narcotics crimes and to determine the authority of investigators in confiscating narcotics evidence and the process of confiscating narcotics evidence. The method used in this study is normative with a legislative approach that is relevant to the problem under study. The source of legal material used is library research or library research. After the legal materials are collected, they are analyzed qualitatively. The results of this study indicate that confiscation of evidence is a stage that is carried out is very determining the existence of a criminal act or not. If the evidence to determine the existence of a crime is very appropriate, then the evidence can be used to support other evidence. The process of confiscating evidence of narcotics crime can be carried out in four types of foreclosure, namely: Ordinary confiscation, Confiscation in a state of emergency, Confiscation of caught hands, Confiscation of Letters or other writings.

scholarly journals Remarks on codex crimes of capital fraud art. 311 CC in the background of neighbouring countries

2018 ◽  
Vol 47 ◽  
pp. 41-52
Author(s):  
Piotr Ochman
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
The Subject ◽  
Legislative Changes

The subject of the article is the presentation of the genesis of criminalisation of capital fraud in the Polish Criminal Code. Further edits of the projects of this crime in the drafts of the current Criminal Code are also analysed, as well as the scope of criminalisation and the problem of repression of capital fraud in Polish criminal law. In addition, solutions proposed to criminalise capital fraud in neighbouring countries are presented. These analyses provide the basis for reporting significant legislative changes.

scholarly journals Evaluation of translation in Russian and Arabic languages

2018 ◽  
Vol 225 (1) ◽  
pp. 147-1168
Author(s):  
Lecturer Abbas Abdulameer Shahdha
Keyword(s):  
Research Evaluation ◽  
Evaluation Criteria ◽  
Point Of View ◽  
Translation Process ◽  
Important Place ◽  
Degree Of Equivalence

  The selected research (Evaluation of translation in Russian and Arabic) is the preparation of the evaluation criteria for translation, which occupies an important place in the description of the translation process, which will evaluate only the result of the process and uses this evaluation at the same time as proof of the translator's skill and success in the translation process.The translation process can be assessed in different ways, first , evaluate the degree of equivalence of translation with the original.  Second, the purpose of the evaluation may be the degree of difficulty of the issues resolved by the translator during the achievement of parity and the steps taken by the translator in resolving these issues, which indicates the translator's skill and knowledge of the language and the language transferred to it. Third, translation pros can be evaluated from the point of view of achieving the goal for which the translation text was created.

Traffic Radar

1990 ◽  
Vol 7 (2) ◽  
Author(s):  
Donald C. Thorn
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Police Force ◽  
Reasonable Doubt ◽  
Speed Limit ◽  
Property Damage ◽  
Local Police ◽  
Professional Opinion ◽  
School Zones

Let us begin by making it clear that we are very strong advocates of the use of radar by police in speed limit enforcement. Without this particularly useful tool, it would be much more difficult to enforce some very important limits such as those associated with school zones. At the request of a local police force we have testified at a legislative hearing in opposition to a proposed law that would have limited the use of radar by police. However, we have also been involved in court situations in which we were prepared to state a professional opinion that the radar unit had been misused and that the speed reported on the citation was quite possibly inaccurate. In the bulk of this practice we see actual or possible litigation to resolve questions of responsibility for injury and/or property damage - that is, civil law. When we become involved in traffic radar questions we must remind ourselves that we are looking at criminal law and the rule is now one of reasonable doubt. Thus,

Combating corruption in 21st century Poland - the success of state policy

2016 ◽  
Vol 1 (1) ◽  
pp. 1-7
Author(s):  
Jacek Potulski
Keyword(s):  
21St Century ◽  
Criminal Law ◽  
State Policy ◽  
Social Phenomenon ◽  
Early 21St Century ◽  
Specialized Service ◽  
Legislative Changes ◽  
The Early 21St Century

The author describes the trends and legislative basis of Poland’s fight against corruption as legal and social phenomenon in the early 21st century. The consequences of legislative changes of substantive criminal law and a specialized service dedicated to the fight against corruption are outlined.

scholarly journals Criminal law characteristic of certain restrictive measures

2021 ◽  
pp. 251-260
Author(s):  
YU.M. Plish
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Criminal Code ◽  
Scientific Article ◽  
New Concepts ◽  
The Status ◽  
General Part ◽  
Legislative Changes ◽  
The Moment ◽  
Restrictive Measures

Domestic criminal law is being in constant dynamics, so it means that the norms of the current legislation are being improved, new, previously unknown, criminal-legal categories are being introduced, recommendations of in¬ternational institutions are taken into account, etc. Not an exception in this process is chapter XIII-1 of the General part of the Criminal Code of Ukraine, which regulates restrictive measures (these provisions came into force on January 11, 2019). From the moment of the regulation of restrictive measures in the Criminal Code of Ukraine, they have acquired the status of criminal-legal measures. Restrictive measures have a specific purpose - to protect the victim from a person who has committed a socially dangerous act, to protect against committing a socially danger¬ous act in relation to the victim in the future, to minimize the interaction between the person, who is in a dangerous state, and the victim, if such has the significant risks.This scientific article analyzes the conditions of application of restrictive measures in criminal law, in particular, it is determined that the concept of «crime related to domestic violence» is broader than the concept of «domestic violence» in Article 126-1 of the Criminal Code of Ukraine and can be used not only in the commission of this crime, but also in other socially dangerous acts that have signs of domestic violence; some considerations regarding the improvement of the grounds for the application of restrictive measures are highlighted; the correlation between the requirements of international acts and current provisions on restrictive measures is considered.A detailed analysis of the types of restrictive measures that are in the Criminal Code of Ukraine was made. The need for some legislative changes and additions is argued, this concerns the wording of the names of types of restric¬tive measures; new concepts that should be enshrined at the legislative level; meaningful content of such varieties. The conclusion was made that the regulation of restrictive measures in the Criminal Code of Ukraine is a positive step, but due to the novelty of this legal category there is a need for their partial editing and changes.

scholarly journals Between the traditional, the neo-liberal and the open university Early career investigators caught in the triple bind of academic career requirements

2022 ◽  
Author(s):  
Marc Vanholsbeeck
Keyword(s):  
Research Evaluation ◽  
Academic Career ◽  
Evaluation Criteria ◽  
Open Science ◽  
Early Career ◽  
Academic Excellence ◽  
Open University ◽  
Building Information ◽  
Definition Of ◽  
The Impact

Literature shows that, facing the neo-liberal definition of academic excellence, early career investigators (ECIs) in the social sciences and the humanities (SSH) have developed particular professional identities and behaviours towards the requirements of the academic career. Specificities of the SSH make the compliance to the assessment procedures of the “neo-liberal university” particularly challenging. Furthermore ECIs in the SSH are caught in an unprecedented “triple bind”. While pursuing their post-doctoral career in the context of the neo-liberal university, they are still academically trained in the disciplinary and collegial values of the “traditional university”. Although most career rewards and evaluation criteria are bound to the neo-liberal university, researchers now in the early stages of their career also constitute the first generation of academics to be exposed to the new requirements of the “open university”, through the Open Science policies and the Impact Agenda. In such context of uncertainty and conflicting rationalities, more efficient “early career building information ecosystems” should be put in place within academia. We also recommend to better integrate ECIs in the design and implementation of research evaluation principles and processes.

Sign in / Sign up

Export Citation Format

Share Document