The Victim – a Great Actor in a Minor Role? – A Comparative Perspective

2021 ◽  
Vol 11 (1) ◽  
pp. 112-128
Author(s):  
Łukasz Duśko ◽  
Mateusz Szurman
Keyword(s):  
Social Order ◽  
American English ◽  
Active Role ◽  
Criminal Court ◽  
Minor Role ◽  
Criminal Proceedings ◽  
The One ◽  
A Minor ◽  
To Receive

Recently, the role of the victim in criminal proceedings became more significant. An observation was made that the legal interests of the victim are much more severely affected by the crime than the collective legal interests in the form of public or social order. However, the differences in the rights the victim is vested with differ substantively between particular countries. The authors present the position of the victim in American, English and French law. The solutions provided for in these systems are confronted with legal regulations adopted in Poland, i.e. the home country of the authors. It shows, surprisingly, that the role of the victim in criminal proceedings has evolved somehow independently of the implementation of the concept of restitution. On the one hand, there are legal systems in which the criminal court may order the offender to pay compensation for the damage caused, but the role of the victim still remains marginal. On the other hand, there are systems in which the victim is not only entitled to receive restitution, but he or she also has significant powers which enable him or her to play an active role in the criminal proceedings.

scholarly journals Use of special knowledge in the detection and investigation of serious crime

2020 ◽  
Vol 3 (3) ◽  
pp. 185-190
Author(s):  
Serhiy Obshalov
Keyword(s):  
Significant Role ◽  
Criminal Proceedings ◽  
Technical Developments ◽  
Serious Crime ◽  
Preparatory Stage ◽  
Special Knowledge ◽  
Forensic Scientists ◽  
Professional Assistance ◽  
Or Team

The research highlights current aspects of the institute of special knowledge in the detection and investigation of felonies. Based on a thorough analysis of the views of prominent forensic scientists, based on current legislation, the concepts of special knowledge, forms and types of their use. Given the different professional competencies, the concept of special knowledge of an expert and a specialist is considered separately. Among the typical forms of use of special knowledge, attention is focused on those that are essential for the investigation of serious crimes, adhering to their classification into procedural and non-procedural. It is emphasized that one form of use of special knowledge passes into another, in particular, after forensic examinations, an audit is performed. Appointment and conduct of forensic examinations are covered depending on the type of serious crime (mercenary-violent, economic, etc.). Attention is paid to the choice of expert institution, the sequence of appointment and conduct of comprehensive forensic examinations. Some issues of specialist participation in the conduct of investigative (search) actions and measures of criminal proceedings are considered. The need for professional assistance during the inspection, search, investigative experiment, temporary access to things and documents at the preparatory stage, to record the progress of the investigative action, to work with traces and other evidence, during the evaluation of the results of the investigative action. The involvement of a psychologist as a consultant or specialist to compile a search psychological portrait of a criminal is considered. The significant role of departmental inspections in the investigation of serious crimes in the economic and financial spheres has been noted. Attention is paid to the expediency of involving a group or «team» of various specialists to participate in investigative (search) actions, the use of innovative technical developments for forensic purposes. Examples of practical activities and interview data of practical staff are given.

scholarly journals Diagnoza w postępowaniu karnym wobec nieletnich przestępców we Francji

2020 ◽  
Vol 53 ◽  
pp. 199-209
Author(s):  
Paulina Perska-Gradowska
Keyword(s):  
Juvenile Offenders ◽  
Criminal Liability ◽  
Criminal Proceedings ◽  
Family Situation

Diagnosis in criminal proceedings against juvenile offenders in FranceThe purpose of the article is to analyse the role of diagnosis in criminal proceedings against juvenile offenders. Firstly, the conditions of juvenile criminal liability in France are presented. It is emphasised that the basic condition is being able to discern the act committed. The second part concerns the measures ordered by a judge for minors to gather information about the minor, their family situation and functioning environment. In the conclusion, the role of diagnosis in criminal proceedings is described. It is worth emphasising that the diagnosis in the French system provides support for a judge and conditions the juvenile criminal liability.

POWERS OF THE PRESIDING JUDGE IN A JURY TRIAL IN THE CONTEXT OF ADVERSARIAL PRINCIPLES OF RUSSIAN CRIMINAL PROCEDURE

2021 ◽  
pp. 64-76
Author(s):  
Tatyana K. Ryabinina ◽  
◽  
Daria O. Chistilina ◽  
Keyword(s):  
Citizen Participation ◽  
Criminal Procedure ◽  
The State ◽  
Jury Trial ◽  
Criminal Proceedings ◽  
Strict Adherence ◽  
Jury Trials ◽  
Definition Of ◽  
The Individual

The main objective is to examine the powers of the presiding judge in jury trials in the context of adversarial principles of criminal proceedings. Particular attention will be paid by the authors to different approaches to the notion of adversariality and the definition of the role of a professional judge in such courts, as well as the degree of his activity during the judicial investigation. The main methods used by the authors were dialectical and systematic method, analysis, synthesis, as well as special legal methods of knowledge. The outcome of the research will be a definition of the role of the presiding judge in a jury trial. Forms of criminal procedure that allow the individual to directly participate in the deci-sion-making process of the judiciary are responsible for ensuring citizen participation in the administration of justice in the state. Two such forms have been developed in the world practice so far: the classical jury trial model and the Scheffen model. Each of them provides certain (broad or narrow) powers of a professional judge, the scope of which determines the degree of independence of citizens and the ultimate prospects for the development of a system of popular democratic justice in an adversarial system of criminal proceedings. In today's Russia, the classical jury trial model, modeled after the English jury trial, does not provide for broad powers of the court. In addition, there is the adversarial principle in Russia, which is fostered by the existence of jury trials. However, strict adherence to its provisions may lead to a misunderstanding of the role of the presiding judge in such a court. The activity of a professional judge should be balanced in accordance with the needs of the criminal case under consideration. Thus, requesting additional evidence in the course of the trial in order to verify existing evidence should not be considered a violation of the adversarial principle. Thus, the development of the optimal model for jury trial functioning as well as the determination of the presiding judge's role in the context of adversarial principles of criminal proceedings is a socially-systemic task. It requires a comprehensive dogmatic, comparative-legal and political-legal approach in order to develop the jury trial model which is more con-sistent with the legal system of the state.

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.

4 Criminal Prosecutions by Regulators—Procedural Considerations

2020 ◽  
Author(s):  
Russen Jonathan ◽  
Kingham Robin
Keyword(s):  
Financial Services ◽  
Criminal Proceedings ◽  
Services Sector ◽  
Financial Services Sector ◽  
Discrete Area ◽  
Evidence Collection ◽  
Court Proceedings

This chapter examines the role of the FCA and the PRA as prosecuting authorities and their right to bring criminal proceedings in pursuit of their regulatory objectives as enshrined in the Financial Services and Markets Act 2000 (FSMA). The FCA and the PRA are not the only agencies responsible for the prosecution of criminal offences in the financial services sector; the jurisdiction of the Serious Fraud Office (SFO) in particular often overlaps with that of the FCA and the two agencies can work in tandem. Meanwhile, although a discrete area of criminal practice, the regulators’ powers to administer a caution to an offender should not be overlooked—particularly in the context of ongoing investigations. Acceptance of a caution can provide an offender with a way of avoiding conviction and sanction whilst offering the prosecutor an ‘easy win’ without the need for costly court proceedings. The chapter then considers key procedural issues as well as the importance of evidence collection and deployment in financial services prosecutions.

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