scholarly journals Presumption of Innocence – Application in Exercising Prosecution Rights, Supervising the Investigation and Adjudication of Criminal Cases under Vietnam Legal

2021 ◽  
Vol 04 (04) ◽  
Author(s):  
Mai Dac Bien ◽  
Keyword(s):  
Human Rights ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Basic Principles ◽  
Legal Science ◽  
History Of ◽  
Overall Effectiveness

The presumption of innocence is one of the fundamental principles, widely applied in modern legal science, as the basis for achieving fair and humane justice. This principle was formed very early in the history of the human law, in addition, the Vietnamese law has also absorbed the progressive thought early, recognized as one of the basic principles to ensure human rights and the overall effectiveness of criminal proceedings. The article analyzes the history, nature as well as the practice of applying this principle in the settlement of criminal cases in Vietnam according to the functions and duties of the People's Procuracy.

scholarly journals FEATURES OF THE IMPLEMENTATION OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE IN CRIMINAL PROCEEDINGS OF PRIVATE PROSECUTION

2020 ◽  
Vol 30 (6) ◽  
pp. 875-880
Author(s):  
E.F. Tensina
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Procedure Code ◽  
Special Procedure ◽  
The Russian Federation ◽  
Procedural Rights

The article reveals the nature of the claim of a private prosecution, which establishes the freedom to dispose of material and procedural rights. The forms of manifestation of dispositive principles in the material and procedural aspects in the course of criminal proceedings are determined. Taking into account the nature of the claim of a private prosecution, various models of proceedings in criminal cases of a private prosecution and the peculiarities of the implementation of the provisions of the criminal procedure principle of the presumption of innocence are considered. The author critically assesses the legal constructions that allow the application of a special procedure for making a court decision in criminal proceedings of a private prosecution if the accused agrees with the charge brought. In particular, taking into account the provisions of the principle of the presumption of innocence, it is concluded that it is inadmissible to apply Chapter 40 of the Criminal Procedure Code of the Russian Federation when considering a criminal case of a private prosecution if it is initiated by filing an application directly with a magistrate in the manner prescribed by Art. 318 of the Code of Criminal Procedure of the Russian Federation or when investigating a criminal case of this category in the form of an abbreviated inquiry, regulated by Ch. 32.1 of the Criminal Procedure Code of the Russian Federation.

12. Hearsay in criminal cases

2020 ◽  
pp. 349-411
Author(s):  
Adrian Keane ◽  
Paul McKeown
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
European Convention ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Definition Of ◽  
The Relationship

This chapter discusses the meaning of hearsay in criminal proceedings and the categories of hearsay admissible by statute in such proceedings. It considers the relationship between the hearsay provisions of the Criminal Justice Act 2003 (the 2003 Act) and Article 6 of the European Convention on Human Rights as it relates to hearsay; the definition of hearsay and its admissibility under the 2003 Act, including admissibility under an inclusionary discretion (section 114(1)(d)); and safeguards including provisions relating to the capability and credibility of absent witnesses, the power to stop a case and the discretion to exclude. Also considered in this chapter are: expert reports; written statements under section 9 of the Criminal Justice Act 1967; and depositions of children and young persons under section 43 of the Children and Young Persons Act 1933.

scholarly journals Influence of the Investigation Process on the Political, Economic and Social Status of the Accused in Criminal Cases in Vietnam

2020 ◽  
Author(s):  
AISDL
Keyword(s):  
Human Rights ◽  
The Political ◽  
Social Rights ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Special Investigation ◽  
Criminal Charges ◽  
Political Economic ◽  
The Impact ◽  
Investigation Process

According to the regulations of Vietnamese law, the accused is the person prosecuted with a criminal charges. Currently, Vietnam has made many judicial reforms to improve human rights, including reforms in criminal proceedings to protect the human rights of accuseds. However, in reality, due to many objective and subjective reasons, the accused's rights are not guaranteed. Especially in the process of investigation, creating adverse effects on the political, economic and social rights of the accuseds. During special investigation and proceedings, the accused's rights are the most seriously affected. In the framework of the article, the author assesses the impact of these activities in the investigation on the accused. Beside, proposing solutions to protect accuseds, including the need for authorities to compensate for political, economic and social damage caused by the violation of law provisions during the investigation in Vietnam.

scholarly journals Basic principles of construction of methodical of criminalistic support judicial proceedings.

2021 ◽  
Vol 3 (3) ◽  
pp. 284-289
Author(s):  
Yuriy Miroshnichenko
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
Basic Principles ◽  
Progressive Movement ◽  
Moral Principles ◽  
Judicial Practice ◽  
Judicial Proceedings ◽  
Scientific Substantiation ◽  
Court Proceedings ◽  
Principle Of Legality

The article is devoted to the formation of key principles of construction of methodical criminalistic recommendations and their complexes, designed to optimize court proceedings, including: – the principle of legality, which means full and accurate compliance with the algorithms for resolving criminalistic situations, which are formed at the stage of court proceedings, the content of current legislation, ethical norms and moral principles; – the principle of theoretical validity and practical applicability, which requires a strong scientific substantiation and proven in practice the effectiveness of the proposed odical recommendations, which take into account both positive experience and errors and shortcomings in the work of judges in criminal cases; – the principle of specificity, which provides the reality of tactical recommendations for working with evidence, the completeness and effectiveness of the developed algorithms, the certainty and accuracy of their content and its compliance with modern judicial practice, objectivity and typicality of situations faced by subjects of criminalistic activity on stage of court proceedings; – the principle of promptness, which means the optimal combination of procedural and criminalistic tools in order to achieve the overall goal of criminal proceedings and aims to develop the methodical criminalistic complexes to ensure the optimal pace of litigation, when the least time achieves the greatest effect of procedural activities; – the principle of planning (phasing), which requires that all processes, actions, operations in court proceedings, carried out on a planned basis, ensuring its progressive movement towards the strategic goal of criminal proceedings, which requires differentiation of methodical algorithms developed by criminalistics in accordance with successive stages of court proceedings; – the principle of situationality (situational conditionality), which is the priority of creating algorithms for resolving typical situations that arise at the relevant stages of the proceedings and are characteristic of all or most criminal cases, regardless of the criminal qualification of the event under investigation.

scholarly journals Civil Contract as an Evidence in Avestan Criminal Procedure

2018 ◽  
Vol 50 ◽  
pp. 01230
Author(s):  
Shukhrat Hamroyev ◽  
Aleksey Parfyonov
Keyword(s):  
Retrospective Analysis ◽  
Cultural Values ◽  
Historical Development ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Basic Principles ◽  
Study Results ◽  
History Of ◽  
Court Proceedings ◽  
Civil Contract

The paper considers the statutory concept of the civil contract as a form of evidence used by the ancient Tajiks in Avestan court proceedings, particularly with regard to findings, typology and responsibility for violation of the contract in part of Vendidad. The history of contracts as a form of evidence in Avestan court proceedings is the key component of political and legal institutes within the historical development of Tajikistan, which was characterized by worldview, political and cultural values of the society in a certain era of its development. Therefore, the study of this main institute of criminal proceedings always remains relevant. The study provides the retrospective analysis of the contract as a form of evidence in Avestan court proceedings during the period of the Zoroastrian civilization. The study results in basic principles and ways of implementing the contract as a form of evidence in Avestan court proceedings.

scholarly journals Ireland: Curtailment of the right to silence through statutory adverse inferences

2021 ◽  
pp. 203228442110283
Author(s):  
Yvonne M. Daly
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Presumption Of Innocence ◽  
Legal Assistance ◽  
Criminal Proceedings ◽  
European Court ◽  
Right To Silence ◽  
The Right ◽  
Right Of Access ◽  
Police Questioning

In Ireland, the right to silence has been significantly impacted by the legislative introduction of adverse inference provisions. In specified circumstances, with varying threshold requirements, a suspect’s failure to answer questions or provide information during Garda (police) questioning can form the basis of an inference against them at trial. Ireland has not opted in to either Directive 2016/343/EU on the strengthening of certain aspects of the presumption of innocence or Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings. This article examines the constitutional and common law context of the protection of the right to silence in Ireland; the operation, and expansion, of the statutory inference regime; the lack of legislative provision for a right to legal assistance during Garda interview; and relevant European Court of Human Rights jurisprudence. While there are some benefits to overt legislation and safeguards attached to the drawing of inferences from pre-trial silence, the question must be asked whether a detained suspect in Ireland truly has a protected right to silence in real terms, given the proliferation of inference provisions.

scholarly journals Institutions of the Judiciary in the Grand Duchy of Lithuania (XIV-XVI centuries): structure, classification, competence

2019 ◽  
pp. 151-163
Author(s):  
P. Zakharchenko
Keyword(s):  
Middle Ages ◽  
Rural Areas ◽  
State Courts ◽  
Criminal Proceedings ◽  
Government Officials ◽  
Criminal Cases ◽  
History Of ◽  
Grand Duchy Of Lithuania ◽  
The Right ◽  
Grand Duchy

The article deals with the classification of the judiciary in the Grand Duchy of Lithuania (hereinafter referred to as the GDL), which included most Ukrainian lands during that period. The purpose of the work is to identify institutes of justice that were active during the Middle Ages in the GDL, to study their structure, to classify and competence each of them. Following the majority of researchers in the history of national law, the author shares the view that the three stages of the evolution of the organization of justice in the specified period. The periodicisation is based on the well-known principle of court ownership, distinguishing state and non-state courts. Characterization of each of the judicial institutions is carried out. It noted that state courts were under the direct jurisdiction of the Grand Duke and his government officials, while non-state courts were not subordinate to government officials, but their decisions were found to be legitimate. Such courts have arranged both the Grand Duke of Lithuania (the master) and the general population, since the former sought to relieve the courts, and the latter sought opportunities to resolve the dispute on the spot, without long journeys and the pecuniary expense of keeping the letter and spirit of the law. The author pays the most attention to land courts created on the basis of customary Ukrainian law. They originated in the fourteenth century. from the tradition of the Russian faithful courts. It is considered by public courts operating throughout Ukraine's ethnic territory, mostly in rural areas. Cities and towns that were not in Magdeburg law were also included in the land area. Representatives of various sections and strata of Ukrainian society participated in his work, starting with the peasantry and ending with the nobles-government. Attention is drawn to the jurisdiction of land courts in criminal proceedings. It has been proven that property crimes - theft, robbery, robbery, arson - were distinguished from criminal cases considered by land courts. Qualified death penalty was practiced, first of all hanging, burning, quartering. Initially, all the inhabitants of the land district (suburbs) came under the jurisdiction of the land courts, but subsequently the nobility was granted the right to sue the commercial court. The findings of the paper stated that despite the variety of judicial institutions, the competence of each court was sufficiently clearly defined.

scholarly journals The human rights charter from the prospective of the criminal proceedings

2003 ◽  
Vol 75 (9-10) ◽  
pp. 323-349
Author(s):  
Momčilo Grubač
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Minority Rights ◽  
Fair Trial ◽  
The State ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Right To Life ◽  
Serbia And Montenegro ◽  
Effective Remedy

The author analyses the Charter of human and minority rights and citizen's freedoms of the State Union of Serbia and Montenegro and he compares it with the provisions of the criminal proceedings. The special attention is given to right to life, actually to respect for physical and mental integrity right to liberty and security, right to a defense, right to a fair trial presumption of innocence, principles of legality and non bis in idem, right to an effective remedy and compensation of damages, respect for private and family life, freedom of thought, expression and movement, right to asylum and right to use the language of minorities.

scholarly journals Human Rights Waiver in Criminal Proceedings in Terms of the European Court of Human Rights: ‘Russian Cases’

2020 ◽  
Vol 3 (4) ◽  
pp. 50-58
Author(s):  
Irina Chebotareva ◽  
Olesia Pashutina ◽  
Irina Revina
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Case Law ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Widespread Occurrence ◽  
European Court ◽  
The Government ◽  
Grand Chamber ◽  
The Right

The article investigates the general position of the European Court of Human Rights on the admissibility and validity of the waiver of rights, the features of the European mechanism for protecting human rights in case of the waiver of the right; studies the case-law practices in criminal cases of the Court in relation to Russia where the Court considered the presence/absence of the waiver of the right. The practice of the ECHR reveals the widespread occurrence of human rights violations in the Russian criminal proceedings with the alleged waiver of the right in the framework of criminal procedure. These includes the situations when the Government claimed that the Applicant had waived his/her right and the Applicant did not agree with this fact and insisted that he had been deprived of the opportunity to exercise his/her right. According to the ECHR, violations of human rights established in the Convention are related not only to shortcomings in the legal system but also to improper law enforcement that does not comply with the Convention requirements. Based on the analysis of the ECHR’s general approaches to the waiver of the right, the authors revealed the compliance of the Russian criminal procedure with the requirements of the Court to the waiver of the right and the guarantees established for it. To achieve the objectives in the HUDOC database of the European Court, using search requests we identified cases against Russia considered by the Chamber and the Grand Chamber, in which the ECHR examined the issue of the presence/absence of the waiver of the right in the criminal procedure. As a result, 40 judgments in which the Court directly considered the issue of the presence/absence of the waiver of the right in the criminal procedure in Russia were selected. We studied and analysed the selected judgments.

6. Hearsay evidence

2017 ◽  
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
European Convention ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Civil Proceedings ◽  
Hearsay Evidence

This chapter, which focuses on hearsay evidence and its relationship to confessions, first considers the rule against hearsay and its application to out-of-court statements of witnesses in civil and criminal cases. It then looks at statements, both oral and written, and gestures, as well as the admissibility of hearsay in criminal proceedings under the Criminal Justice Act 2003 and, in outline, in civil proceedings under the Civil Evidence Act 1995. The chapter also explains the legal distinction between first-hand (what X told Y) and multiple hearsay (what X told Y who told Z), and concludes by discussing the recent landmark decisions under Article 6(3)(d) of the European Convention on Human Rights (ECHR).

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