scholarly journals Efficiency of Prosecutor's supervision over the implementation of laws by preliminary investigation bodies at the stage of initiation of criminal cases on crimes in the budget sphere

2020 ◽  
pp. 150-160
Author(s):  
А. Е. Лебедева Скачкова
Keyword(s):  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Cases

В статье рассматривается проблематика неотвратимости уголовной ответственности за преступления в бюджетной сфере на стадии разрешения вопроса о возбуждении уголовного дела с позиции эффективности деятельности государственных органов, значение и роль органов прокуратуры. The article examines the problem of inevitability of criminal liability for crimes in the budgetary sphere at the stage of resolving the issue of initiating a criminal case from the standpoint of the effectiveness of the activities of state bodies, the importance and role of prosecutors.

Crimes in the field of illicit trafficking in narcotic drugs, psychotropic, potent and poisonous substances: topical issues of criminal liability

2021 ◽  
pp. 704-715
Author(s):  
Dmitriy V. Bondarev
Keyword(s):  
Final Stage ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Cases ◽  
Psychotropic Substances ◽  
Illicit Trafficking ◽  
Narcotic Drugs

We consider current issues related to the prosecution of persons guilty of committing crimes in the field of illegal circulation of narcotic drugs, psychotropic, potent and poisonous substances. We analyze the problematic moments that arise at the final stage of the investigation of criminal cases of this category, in particular, upon notification of the end of the preliminary investigation and at the stage of familiarization with the materials of the criminal case on crimes related to the illegal circulation of narcotic drugs and psychotropic substances. We pay attention to the gaps in modern legislation in the area under consideration, we have made suggestions for its im-provement.

scholarly journals Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)

2020 ◽  
Vol 3 (1) ◽  
pp. 78-84
Author(s):  
Akalafikta Jaya ◽  
Triono Eddy ◽  
Alpi Sahari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Liability ◽  
Criminal Case ◽  
Criminal Cases ◽  
Criminal Convictions ◽  
Criminal Offenses ◽  
The Law

In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.

scholarly journals Niezależność sądu oraz niezawisłość sędziowska w sprawach karnych w okresie rządów autorytarnych i totalitarnych w Polsce

2021 ◽  
Vol 43 (2) ◽  
pp. 391-401
Author(s):  
Krzysztof Nowicki
Keyword(s):  
Criminal Case ◽  
International Treaties ◽  
Criminal Cases ◽  
Authoritarian State ◽  
Proper Functioning ◽  
Administration Of Justice ◽  
Judicial Autonomy ◽  
Totalitarian State ◽  
The Way

At present, there is no doubt that a need exists to ensure the citizens’ right to have a criminal case examined by an independent and unbiased court. For the proper functioning of the court-based administration of justice to be possible, the courts must have the attribute of independence and the judges must be autonomous. These issues are regulated in international treaties to which Poland is a party. The aim of this study is to describe the role of judiciary independence and judicial autonomy in criminal cases. In order to achieve these goals, considerations will be presented on the essence of such independence and autonomy, and a reference will be made to the way the authoritarian state functioned after the May coup in the Second Polish Republic, and the totalitarian state during the era of the Polish People’s Republic.

scholarly journals Joining a Criminal Case by a Defense Counsel in the Course of Pre-Trial Investigation

2021 ◽  
Vol 1 ◽  
pp. 40-43
Author(s):  
Tatyana I. Khvenko ◽  
Keyword(s):  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Defense Counsel ◽  
The Moment

This article discusses the problems of a lawyer’s entry into a criminal case during the preliminary investigation, emphasizes the need for the officials of the preliminary investigation bodies to ensure the timely entry of a lawyer into a criminal case, substantiates the important role of a lawyer’s participation in the legality and legality of investigative and other procedural actions committed against the client, investigates the question of the need for the participation of a lawyer from the moment of the actual detention of a person subjected to criminal prosecution.

scholarly journals Importance of the principles of criminal law in the classification of crimes

2021 ◽  
Vol 108 ◽  
pp. 02007
Author(s):  
Konstantin Aleksandrovich Volkov ◽  
Vladimir Valerievich Agildin ◽  
Bulat Umerzhanovich Seitkhozhin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Legal Method ◽  
General Scientific ◽  
Law Regulation

The correct qualification of a crime provides the basis for achieving the goals of criminal liability, including sentencing a just punishment. During qualification, law enforcement agencies (investigative bodies, inquiry bodies, and court) often face problems caused by contradictions in criminal law regulation (a gap in law, defects in law, legal conflicts, evaluation categories of law, etc.). According to the authors, it is possible to eliminate the contradictions of criminal law regulation by applying the principles of criminal law as a direct regulator of criminal law relations. Purpose of the research: to identify the problems of qualifying crimes in the modern practice of preliminary investigation bodies and courts, as well as to determine the place and role of the principles of criminal law in the process. Framework of the research. The research was carried out with general scientific methods (dialectical, statistical, comparative legal); in addition, methods of analysis, deduction, synthesis, as well as a formally legal method, were used in the research. Conclusions: the authors draw the conclusion that the principles of criminal law should be considered as an independent fundamental form of Russian law.

THE USE OF WITNESS TESTIMONY IN PROOF OF CRIMINAL CASES

2019 ◽  
Vol 29 (5) ◽  
pp. 692-696
Author(s):  
T.A. Shmareva ◽  
A.I. Shmarev
Keyword(s):  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Cases ◽  
Witness Testimony ◽  
New Evidence

The article considers the problems associated with the use in proving the testimony of persons with a transforming criminal procedural status. A concrete example of the use of witness testimony in proving a criminal case is described, the process of establishing the truth in which was complicated by the opposition of the defense. During the court session, the prosecution's witness withdrew from the testimony he had given at the preliminary investigation stage, explaining this by the pressure exerted on him by the investigator, which fully satisfied the defense. Thanks to the creative approach and activity of the prosecution, it was possible to obtain new evidence, which allowed not only to expose the witness in giving knowingly false testimony in court, but also to convince the court of the guilt of the defendant, in whose favor the witness changed his testimony.

Bail as a Preventive Measure: Some Problems and Ways to Improve Effectiveness

2021 ◽  
pp. 62-65
Author(s):  
Aleksey I. Tsyretorov ◽  
◽  
Andrey G. Anisimov ◽  
Keyword(s):  
Social Justice ◽  
Preliminary Investigation ◽  
Preventive Measure ◽  
Criminal Activity ◽  
Significant Problem ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
State Revenue ◽  
Justice Restoration

The bail serves to reduce the likelihood of the situation when the suspect or the accused flees from inquiry, preliminary investigation or trial, continues the criminal activity; threatens a witness and (or) other participants in criminal proceedings, destroys evidence, or otherwise obstructs a criminal case proceedings. Drawing on the structure of crimes committed in Russia, with more than half being property crimes such as theft and fraud, choosing bail as a preventive measure, if possible, seems to be a logical and apparently popular measure due to several circumstances. Most of the mercenary crimes are motivated by the illegal acquisition of property or money. Consequently, bail as a restraint measure affects the lucrative motivation of the suspect or the accused and is often adequate to the damage caused. A significant problem of social justice restoration in most criminal cases is the compensation for damage or harm, which in most cases is measured in monetary and property terms. In this case, the bail could become a real mechanism for compensation for such harm, because money or property in the case of bail is already available at the time of the trial and could be used to compensate for the harm caused. However, in reality, such compensation is not used. The conversion of bail to state revenue in case of violation by the accused or suspect of obligations related to the bail does not contribute to the solution of this problem.

Genesis of the Criminal Procedure on Liability of Legal Persons on Russia

2016 ◽  
Vol 4 (1) ◽  
pp. 0-0
Author(s):  
Ольга Семыкина ◽  
Olga Semykina
Keyword(s):  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Judicial Reform ◽  
Remedial Measures ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Positive Assessment ◽  
Legal Entities

The article deals with the legislative and doctrinal precondition of criminal liability of legal persons, which are accumulated a concept formed the basis of the judicial reform of 1864. The author studies the practice the first phase of the introduction in to the Russian criminal procedure enforcement of the measures applicable to legal persons for acts committed during preliminary investigation of crimes. In this context, the article lays emphasis on the norms of the Charter of criminal proceedings of 1864, which contain the procedural peculiarities of the application of such a measures to legal entities as closure, as well as monitors the judicial practice on the criminal liability of legal persons. The article gives a positive assessment of the approach of the legislator to the possibility of the implementation of remedial measures in criminal proceedings on such corruption crimes as crimes against property and income of the treasury. Given these positions, the author comes to the conclusion of the possibility of application of measures of criminal procedure liability of legal persons under preliminary investigation in criminal cases of crimes that infringe on budget forming industries.

scholarly journals Termination of a criminal case (criminal prosecution) as a result of voluntary compensation for damage caused by a crime in the russian criminal court legal proceedings

2021 ◽  
Vol 7 (3B) ◽  
pp. 645-651
Author(s):  
Artem Igorevich Neryakhin ◽  
Dmitriy Aleksandrovich Ivanov ◽  
Vasily Dzhonovich Potapov ◽  
Denis N. Stacyuk ◽  
Tatiana Ivanovna Bondar
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Code ◽  
Criminal Court ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
The Russian Federation ◽  
Compensation For Damage

The authors study the controversial issues of termination of a criminal case (criminal prosecution) on the condition of voluntary compensation for the damage caused by the crime by the suspect (accused) during the preliminary investigation. The thesis is proved that in Russian criminal proceedings the procedure for voluntary compensation for damage caused by a crime is quite clearly regulated, and if the suspect (accused) voluntarily compensated for the property damage caused, then their actions will be evaluated within the current legal framework, when the fact of compensation for damage creates grounds for exemption from criminal liability and termination of the criminal case (criminal prosecution) in accordance with Articles 75, 76, 761, 762 of the Criminal Code of the Russian Federation, Articles 25, 251, 28, 281 of the Criminal Procedure Code of the Russian Federation.

scholarly journals Decision of Linked with Narcotics Convicted in Act No. 35 Of 2009 in The District of Sumber Court

2018 ◽  
Vol 1 (3) ◽  
pp. 597
Author(s):  
Heni Agustiningsih ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Case ◽  
Criminal Cases ◽  
Modus Operandi

Concomitant with the increasing number of criminal cases concerning criminal law talks even more into the spotlight. One criminal case whose numbers have increased is the narcotic crime. The doers are not limited to age, gender or social strata. Increasing this narcotic crime was accompanied by the use of increasingly sophisticated modus operandi so, make the legislators felt the need to establish a new law governing narcotics. Judge in deciding should consider the value of certainty, justice and the role of the judge is kemafaatan for law enforcement and justice. Article 1 (1) of Act No. 48 Of 2009 regarding Judicial Power.Keywords: Effectiveness; Criminal Law;� Narcotics.

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