scholarly journals Russian court in adversarial criminal procedures

2021 ◽  
Vol 39 (71) ◽  
pp. 531-542
Author(s):  
Erna Kaysynovna Batchaeva ◽  
Daria Olegovna Chistilina ◽  
Aleksandr Viktorovich Grinenko ◽  
Tatyana Kimovna Ryabinina ◽  
Vasiliy Jonovich Potapov
Keyword(s):  
Theoretical Model ◽  
Criminal Justice ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Methodological Basis ◽  
Judicial Intervention ◽  
General Scientific

This article discusses the role of the Russian court in accusatory criminal proceedings. At the legislative and practical levels, there is uncertainty about the degree of judicial activity in relation to the question of evidence. The theoretical model of the accusatory system assumes that there is minimal judicial intervention in the investigative proceedings of the parties. The latter must act and defend their position in the criminal case. The court is supposed to have a passive stance. The methodological basis of this study is composed of general scientific and legal methods such as dialectical, historical, systematic, comparative legal, formal-logical methods, etc. Most countries that practice an accusatory model of criminal justice grant the court a certain level of action that allows it to participate fully in the evidence during trials. By way of conclusion, it is suggested to improve the capabilities of the Russian court to actively investigate the evidence, as well as to offer new forms of defense to the parties.

scholarly journals DEVELOPMENT DIRECTIONS OF THE SPECIAL JUDICIAL PROCEDURE

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 134-139
Author(s):  
Илья Степанович ДИКАРЕВ
Keyword(s):  
Decision Making ◽  
Criminal Case ◽  
Legal Interpretation ◽  
Criminal Proceedings ◽  
Dialectical Method ◽  
Methodological Basis ◽  
Court Proceedings ◽  
Judicial Procedure ◽  
Written Materials

The complicated application of the special judicial procedure significantly reduces the procedural savings achieved in criminal proceedings. In this regard, the question arises of compliance with modern realities of the complicated procedure for decision-making on the application of the considered form of court proceedings. Purpose: to develop proposals for improving the criminal procedure legislation in order to make it possible to simplify the application of the special judicial procedure. Methods: the author uses the methods of analysis, synthesis, legal interpretation as well as systemic and logo-legal methods; the methodological basis of the research is a dialectical method. Results: it is reasonable to conclude that the change in the role of the court in proving when applying the special judicial procedure, expressed in imposing on it the obligation independently, on the basis of written materials of the case and some judicial investigative actions, to establish the factual circumstances of the criminal case, will simplify the procedure for applying the considered procedural form by refusing to agree with the representatives of the prosecution.   

scholarly journals Penerapan Restorative Justice pada Peradilan Pidana Anak Terkait Pembaharuan Hukum Pidana di Indonesia

Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 483
Author(s):  
Ryan Aditama ◽  
Novia Yolanda
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Criminal Case ◽  
Criminal Proceedings

The foundation behind the concept of restorative justice is part of an approach that focuses on situations where in order to create justice and even balance the perpetrators who commit criminal acts, and also for the rights of victims. Procedures and procedures as well as criminal proceedings that lead to the principle of criminalization are changed to a process of family conversation and mediation in order to create an agreement and to resolve the criminal case which leads to crime and will be equal for the victim and the perpetrator of the crime The concept of restorative justice in itself has a meaning where justice will be repaired, and restoration here has a broader meaning to what is known in conventional criminal justice processes or in general that has been applicable so far with the existence of restitution or commonly referred to as compensation for victims. This restorative justiche concept, if included in a system in juvenile criminal justice, is considered well for its application, because restorative justiche is useful in order to prevent children from facing the criminal system and will be replaced in the guidance pattern for the child.

scholarly journals Verbalisan Witness Position as Evidence of a Criminal Case

Ius Poenale ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 75-86
Author(s):  
M. Kemal Pasha Zahrie
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
Court Decision ◽  
Criminal Case ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Witness Testimony ◽  
Procedure Code ◽  
Justice Practice

The presence of Constitutional Court Decision Number 65/PUUVIII/2010 expands the meaning of witnesses in Article 1 point 26 of the KUHAP, resulting in the emergence of various interpretations in criminal justice practice concerning the position of verbal witness testimony as evidence. Juridically, the decision creates problems considering that the Criminal Procedure Code or Kitab Undang-Undang Hukum Acara Pidana (KUHAP) does not recognize verbal witnesses' testimony as evidence. This study examined the position and the strength of verbal witnesses' testimony as evidence in criminal proceedings. After gathering all the data using normative and empirical juridical research, this paper concludes that the testimony of verbal witnesses is grouped in the evidence of guidance in Article 188 Paragraph (1) of the KUHAP because the testimony of verbal witnesses is not primary evidence. After all, its existence is contingent on the judge's willingness to employ it. The strength of proof of testimony of verbal witnesses is that they must satisfy the elements of Article 188 paragraph (1) of the KUHAP, namely the information referred to in the form of events or circumstances concerning a criminal act, as well as conformity with other evidence, as required by Article 188 paragraph (2) of the KUHAP.

scholarly journals A FEW REMARKS REGARDING EVIDENCE FROM THE INTERROGATION OF A WITNESS IN CONNECTION WITH THE SUBJECT OF A COMMUNITY INTERVIEW CONDUCTED IN A CRIMINAL CASE (ARTICLES 214 OF THE CODE OF CRIMINAL PROCEDURE)

Probacja ◽  
2021 ◽  
Vol 4 ◽  
pp. 35-56
Author(s):  
Piotr Rogoziński
Keyword(s):  
Criminal Procedure ◽  
Criminal Case ◽  
Documentary Evidence ◽  
Criminal Proceedings ◽  
The Subject

The author discusses the role of documentary evidence in the form of the background survey in criminal proceedings. He also examines the possibilities and scope of verification of its content by interviewing as witnesses the person who conducted the evidence and the persons who provided information as part of the background survey. He emphasizes that it is justified in this case – in the context of the principle expressed in Art. 174 of the Code of Criminal Procedure – different approach to admitting and taking evidence from the testimonies of witnesses on the circumstances covered by the background survey. The article attempts to select typical cases in which it would be advisable to admit evidence from the testimonies of witnesses for the circumstances identified through the background survey.

scholarly journals Social Technologies and Principles of Criminal Justice in the Context of its Digitalization

Lex Russica ◽  
2020 ◽  
pp. 84-92
Author(s):  
V. I. Przhilenskiy
Keyword(s):  
Criminal Justice ◽  
Social Relations ◽  
Social Engineering ◽  
Criminal Proceedings ◽  
Social Technologies ◽  
The Individual ◽  
Methodological Guidelines ◽  
The Relationship ◽  
Gradual Transformation

The paper analyzes the problems that arise in the process of digitalization of criminal proceedings, when its organizers are forced to organize the interaction of social and computer technologies, the joint development and application of which become inevitable in modern conditions. The basic concepts of social technologies theory that were originally developed as a means of organizing human activities, with criminal justice system being only one of them, are interpreted in a new way. The main contexts of application of "social technology" concept, as well as the significance of social technologies in the formulation of principles and achieving the goals of criminal proceedings are studied. The author defines a special type of social technologies, humanitarian technologies in the paper, and analyzes the relevance of this type of technology in the system of principles of criminal procedure. The author substantiates the need to distinguish between the theoretical and technological aspects of compliance with the principles of criminal justice, which allows us to reconstruct the entire system of goal-setting impact on people’s actions and social relations through the development and application of social technologies. The concept of gradual transformation of society through the use of social engineering, put forward by K. Popper, is analyzed in detail. The role of the theoretical distinction between methodological essentialism and methodological nominalism (antirealism) is reconstructed. The ideological and political contextualization of the theory of social technologies, which dominates in modern social science, is subjected to critical analysis. The author examines the ontological assumptions and methodological guidelines proposed by K. Popper for the approval of his socio-technological doctrine. The author identifies and describes the specifics of the use of social technologies in the context of the use of artificial intelligence systems in criminal proceedings. The point about the need to search for the relationship and mutual consistency of the systems of the individual and society in the process of digitalization of criminal proceedings both at the level of principles and at the level of technology is substantiated.

scholarly journals Criminal Proceedings: At the Intersection of Law and Economics

2021 ◽  
Vol 16 (2) ◽  
pp. 114-124
Author(s):  
S. O. Makhtyuk
Keyword(s):  
Criminal Justice ◽  
Distinctive Feature ◽  
Interdisciplinary Research ◽  
Law And Economics ◽  
Economic Regulation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Procedural Law ◽  
Modern Level

The paper demonstrates the connection between law and economics. The criminal procedure is considered from new positions of economic regulation. The main narrative of the work is the possibility and necessity of perceiving criminal proceedings as a system that exists not only according to the laws of jurisprudence. The importance of the synthesis of criminal procedural law and economics is dictated by the modern level of development of scientific knowledge, technologies and ideas. The traditional division of sciences is gradually giving way to complex, interdisciplinary research. The activity of subjects of criminal proceedings is no exception. The existing reality dictates: the investigation of criminal cases is a criminal procedural services provided by the investigation, prosecutor’s office and court on behalf of the state. Interaction with the consumers of these services in the person of citizens and the organization, the order and mechanism of cooperation of the competent authorities themselves with each other — this understanding makes the use of economic laws justified for the most effective criminal proceedings. The presented study makes it possible to re-evaluate the qualitative volume of criminal proceedings and offers a topical discourse on the role of seemingly completely different sciences in solving the problems of criminal justice. A distinctive feature of the work is the use of modern opinions, sources and materials in the preparation of the theses outlined in it.

scholarly journals Institute of Returning a Criminal Case to the Prosecutor in the System of Criminally-Remedial Means, Ensuring the Victim's Right to Protection from Crime and Access to Justice

2020 ◽  
Vol 14 (3) ◽  
pp. 512-526
Author(s):  
Tatyana Ryabinina
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Access To Justice ◽  
Judicial Reform ◽  
Main Function ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Justice Process ◽  
Criminal Justice Process

The article deals with current and controversial issue in the criminal science, specifically the need for the Russian criminal justice process to have an institute to return a criminal case to the procurator at the stage of appointment and preparation of the court hearing. The author emphasizes that during the continuance of RSFSR Code of Criminal Procedure, a special emphasis was put on it as a guarantee of the delivery of justice and the rights of the participants in the proceedings, that put in place the arrangements necessary for an effective court trial. The goal of modern judicial reform is to establish an independent judiciary whose main function is the delivery of justice which can be implemented in criminal proceedings only in adversary criminal proceedings. Since the beginning of its implementation, attitudes towards the institution of returning a criminal case by a court to a procurator to correct lacunae, loopholes, contradictions, irregularities or flaws in pre-trial proceedings have changed dramatically. It is perceived as an attribute of the courts prosecutorial activities, which is inconsistent with its new role as an independent body to resolve legal disputes between a state and an individual awaiting for a founded and equitable decision from the court. Despite critical rhetoric towards the institution of returning the criminal case to the prosecutor, the author argues that it is necessary due to specific status of the first judicial phase in a staged system of Russian criminal justice process. This institute creates conditions for monitoring and verification activities of judges at this stage, and the corresponding authority of judges to determine the future course of criminal cases brought before the courts. However, the author concludes that the task of rectifying the shortcomings of the prosecution can be addressed at the preliminary hearing introduced by the Code of Criminal Procedure of the Russian Federation to resolve various contentious issues. When it is impossible to remove the obstacles that prevent the court from conducting a trial, the judge may, taking into account the views of the parties, decide to return the case to the prosecutor.

scholarly journals The Role of the Prosecutor in Coordinating the Activities of the Bodies of Inquiry and Preliminary Investigation in the Implementation of Criminal Prosecution

Legal Concept ◽  
2021 ◽  
pp. 12-20
Author(s):  
Nina Manova
Keyword(s):  
Preliminary Investigation ◽  
Practical Experience ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Real Model ◽  
Essential Components ◽  
General Scientific

Introduction: one of the most influential actors in the system of law enforcement agencies of any state, in any system of criminal proceedings, is the prosecutor; in this connection, the purpose of the work was to study his role in coordinating the activities of the bodies of inquiry and preliminary investigation in the implementation of criminal prosecution. Methods: the methodological framework for the work consists of the general scientific (dialectical, systemic, structural-functional, logical, etc.) and the specific scientific (formal-legal, comparative-legal, etc.) research methods. Results: the author’s position presented in the paper is based on the analysis of the legislative regulation, the knowledge accumulated in the theory of the criminal procedure and practical experience of the coordination and personal implementation of the criminal prosecution activities by the prosecutor in the pretrial stages of the criminal process. Conclusions: as a result of the study, the role of the prosecutor as the organizer and head of the criminal prosecution carried out by the inquirer and the investigator is justified; the mistakes made in reforming the procedural position of the prosecutor in pre-trial proceedings are revealed; the essential components in the real model of the prosecutor’s activity that were not taken into account by the legislator are identified: the nature of the prosecutor’s relationships with other participants in the process and his key role in the implementation of criminal prosecution (his responsibility for the legality of the pre-trial criminal prosecution, and the duty to maintain the public prosecution in court).

scholarly journals Prospects of the Electronic Document Development in the Course of Digitization of Criminal Proceedings: On Protection of Migrants’ Rights

Migration law ◽  
2020 ◽  
Vol 4 ◽  
pp. 16-18
Author(s):  
Sergey S. Kalkanov ◽  
Keyword(s):  
Criminal Case ◽  
Electronic Document ◽  
Criminal Proceedings ◽  
Migrants Rights ◽  
E Mail ◽  
Video Format ◽  
Epidemiological Situation

The article analyzes the migration situation in the country. The need is emphasized in the context of global digitalization to ensure access of migrants to the protection of their rights, highlighting the electronic document as the main and most effective tool for such protection, especially in a difficult epidemiological situation. In the course of digitalization of criminal proceedings, two concepts are considered, with a description of the role of an electronic document in them. Within the framework of one of the concepts, the essence of an electronic criminal case is revealed and an appropriate definition is proposed. The author analyzes the meaning of a crime report in the form of an electronic document within the framework of the stage of criminal proceedings. The significance and value of this format of appeal is substantiated. Along with the text e-mail of the crime, the importance of the message in the video format is noted.

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