BACK TO THE SCIENTIFIC PAPER OF C.J.S. R.N. YURCHENKO «ON SOME ISSUES OF CRIMINAL PROCEEDINGS WITH THE PARTICIPATION OF JURORS»

Author(s):  
Serik Seitovich Karzhaubayev
2019 ◽  
Vol 19 (2019) (1) ◽  
Author(s):  
Mateja Čoh Kladnik

Category: 1.01 Original scientific paper Language: Original in Slovene (Abstract in Slovene and English, Summary in English) Keywords: Court of Slovenian National Honour, judges, criminal procedure, penal policy, criminal proceedings, loss of national honour, forced labour, confiscation of property, Ptuj, 1945 Abstract: At the beginning of June 1945, the Court of Slovenian National Honor was established. Until the end of August 1945, those who cooperated in any way with the occupiers during the war were put to trial. It imposed the following penalties and/or sentences: loss of national honour, light or heavy forced labour, and total or partial confiscation of property for the benefit of the State. The five-member chambers operated in Ljubljana, Kranj, Novo mesto, Celje, Maribor, Ptuj, and Murska Sobota. The chairs and secretaries of the chambers were jurists, and the members of the chambers were persons without legal qualifications. There were two chambers in Ptuj; the first hearing against the eight defendants was on July 9, 1945. The proceedings before the court were prompt. In total, 382 persons appeared before the two chambers in Ptuj, of which 308 were sentenced and 74 acquitted. Following the abolition of the Court and the granting of a pardon, the convicts were fully spared from light or heavy forced labour. The legal consequences for those who were stripped of their national honour were limited to the loss of political and civil rights, including voting rights. The confiscation penalty remained in force.


Legal Concept ◽  
2021 ◽  
pp. 49-56
Author(s):  
Yuri Franciforov ◽  
Natalia Solovyova ◽  
Vladimir Shinkaruk

Introduction: the paper reveals the peculiarities of the interaction of the court with the officials for the prosecution, who have authority at the stages of initiating a criminal case and preliminary investigation. The paper reveals the types of interaction, as well as the prerequisites for the interaction efficiency between the court and the parties to criminal proceedings on the part of the prosecution, which are based on such fundamental principles of the criminal process as legality, inviolability of the individual, respect for the honor and dignity of the individual and publicity. The interaction of parties to criminal proceedings on the part of the prosecution and the court is carried out through mutual relations conditioned by common tasks, which are based on the principle of publicity, caused by the interests of society and the state, in order to ensure the rights and legitimate interests of the individual, to some extent involved in the criminal proceedings. In this regard, the objectives of the study are: the recommendations for improving the interaction efficiency between individual participants of the prosecution and the court in pre-trial proceedings in a criminal case, the enhancing of cooperation between the subjects of the investigation, the prosecutor and the court, aimed at protecting the rights of persons who have suffered from a crime, as well as the ensuring of the rights of an individual who has been subjected to unjustified criminal prosecution. Methods: the methodological framework for the scientific paper is the methods of scientific cognition, and such general scientific research methods as dialectical, logical, system, structural and functional, and the specific scientific methods, the comparative legal and formal legal methods. Results: in the paper, the authors determine that the interaction of the court, the prosecutor and the investigator contains the following components: purpose, stage and form; sets the criteria for the forms of interaction, in the form of procedural status, purpose, share of responsibility and the nature of legal relations. The paper examines such terms as “relationship” and “interaction”, due to the need to determine their relationship. The authors establish that the relationship of interaction and relationships of parties to criminal proceedings can be characterized as part and general. The highest form of relationship between parties to criminal proceedings is procedural interaction, which forms their stable relationships, gives them the property of stability and productivity. Conclusions: the authors determine that the interaction of the preliminary investigation bodies, the prosecutor and the court is based on the tasks of collecting evidence in the course of criminal proceedings, due to: the need to obtain permission to conduct certain investigative actions and the measures of procedural coercion; the prosecutor’s supervision of the procedural activities of the bodies of inquiry and preliminary investigation; the powers of the court in pre-trial proceedings. The authors come to the conclusion that the main tasks of interaction are: ensuring the legality of the activities of the participants in the interaction; preparing an indictment, a charging document or a determination, for a full, comprehensive and objective judicial review; implementing the protection of the rights, freedoms and legitimate interests of a person and citizen, the interests of society and the state.


2019 ◽  
Vol 26 (6) ◽  
pp. 1813-1817
Author(s):  
Arbenita Hoxha

The purpose of this study is to examine the seriousness of the witness in the Kosovo criminal procedure. Just as criminal proceedings during its development until today have encountered difficulties during its implementation, as well as the witness as part of this procedure has undergone various difficulties while being in different positions during certain periods. In this paper, efforts will be made to show the rank and weight of the witness. The witness questioning procedure should be based on the law, while providing the witness with the necessary protection in order to embrace the information as accurate as possible. During the preparation of this scientific paper, a number of methods were used in the research and development of knowledge about the witness, using as a basis the Law on Criminal Procedure and the necessary literature which makes us more clearly understand its importance in the probation procedure. The paper focuses on the practice of questioning the witness by assessing the benefits and disadvantages of this process by having the opportunity to influence in the future in improving the questioning of the witness by not breaking the rules on probation procedure and by providing a security that would enable any person called witnesses to perform his duty with full dignity and seriousness without feeling endangered by external influences if he feels as contributory to the development and promotion of justice in the country.


2019 ◽  
Vol 1 (41) ◽  
Author(s):  
Robert Jović

The measure of pre-trial custody as the most serve measure to securethe presence of the suspect or accused in criminal proceedings and its successfulconduct has always attracted due attention of both legal doctrines andjudicial practices at all levels due to the consequences concerning the imposedrestriction on the right to freedom of movement. Hence, the interest of scienceand the judiciary was primarily aimed at defining very strict criteria in whichthe measure of pre-trial custody could be used and the rules that should be usedby courts when considering the use of possible alternative measures to ensurethe presence of the suspect or accused that may be the most appropriate, in theparticular situation, without the need to apply a more severe measure if thepurpose of the imposed measure can be achieved with a milder measure. Regardingthe code of criminal proceedings in Bosnia and Herzegovina, all fourlaws on criminal procedure regulate, in a largely identical manner, when andunder what circumstances the custody can be ordered, including the situationof custody order due to the danger of iteration (danger of repetition of criminaloffense or completion of an attempted criminal offense or committing a threatenedcriminal offense).2 However, the reason of confusion and perplexitiesamong the judicial practitioners at various levels of judicial decision-makingis whether the pre-trial custody imposed due to the danger of iteration can bereplaced by prohibiting measures, as milder measures, given that the purpose,in the specific case, is not ensuring the presence of the suspect or the accusedin criminal proceedings, rather than the elimination of the danger of committinga (repeated) criminal offense.It is precisely this problem that is the central point of author’s interest ofthis scientific paper and the author will analyze the theoretical reasons that arefor and the reasons against the possibilities of replacing the custody measurewhen the danger of iteration exists with the prohibiting measures, as well asthe current judicial practice in Bosnia and Herzegovina regarding this issue.


2018 ◽  
Vol 5 (1) ◽  
pp. 26
Author(s):  
Azem Hajdari

Mediation is a law institute which enables alternative resolution of a criminal case between the subjects of law outside of court. It may be applicable except in criminal proceedings in which are adjudicated adults perpetrators of criminal offences, also in juvenile criminal proceedings. Through application of this institute is aimed to help the parties (to minor and the injured party) to achieve the resolution of a criminal case in the most functional manner and in accordance with their best interests. The importance of mediation is diverse. It effects in reducing the number of court cases awaiting resolution, reducing public expenditures, raising the level of social responsibility, educating citizens with the feeling of seeking forgiveness and compensation of damage, as well as cooperation with criminal procedure bodies, eliminating cases of vigilantism etc. Mediation is constituted of numerous characteristics which make it a “sui generis” institute in criminal case resolution alternatives.Modest results of this scientific paper indicate that this institute in Kosovo courts and prosecutions concerning juvenile criminal proceedings is applicable in a very few cases. Causes of this situation may refer to the fact of not knowing the advantages of applying this institution by juvenile judges and prosecutors, but also due to the fact this institute has similarities with diversity measures, which are more preferred to be imposed against juveniles.


2020 ◽  
Vol 21 (1) ◽  
pp. 66-78
Author(s):  
K. Shapoval

The article considers the application of a polygraph (lie detector) psychophysiological examination while the investigation of criminal offenses, namely murders committed with domestic violence. The current legislation of Ukraine, which regulates the application scope of examination with the use of a polygraph, its problems and prospects for development is analyzed. The article purpose is to analyze the essence of polygraph (lie detector) psychophysiological examination, establish the principles of its application, the basic requirements for persons in respect of whom a polygrtaph is used, identify the role of psychophysiological examination in the investigation of murders involving domestic violence. When conducting scientific research, the dialectical method was used, that is all the phenomena connected with the use of a polygraph in their interconnection, interdependence and the device historical development were analyzed. The operation of the device with the help of which a polygraph psychophysiological examination is carried out were described using the methods of analysis and synthesis. Besides, the methods of modeling, deduction, observation, etc. Were used in the preparation of scientific paper content. Having analyzed the practice of using a polygraph in the world in many countries, we can admit that polygraph psychophysiological examination is regulated by a specific law, or by specific legal norms or regulatory legal acts, is appointed and conducted in case of inconsistencies while criminal offenses investigation, namely: when there are direct contradictions between the testimony of the investigation participants; when there is a contradiction between the testimony of the interrogated persons and other evidence in the criminal case; when there is no evidence in the case. Ukraine is only at the stage of legalizing the use of polygraphs during criminal offenses investigation. This is evidenced by the bills, in particular: 3611 dated 10.12.2015 “On supplementing the Criminal Procedural Code of Ukraine with provisions on the use of a polygraph (lie detector)” 4094 dated 17.02.2016 “On protection of the persons rights undergoing polygraph test (examination)” 4094-1 dated 04.03.2016 “On polygraph activity” The use of a polygraph while psychophysiological examination in the activities of Ukrainian law enforcement agencies is not actively applied. This situation arises due to subjective and objective reasons, one of which is gaps in the legislation; but we are on the way to regulating such relations. In particular, the practice of developed countries such as the United States, China, Japan and others reflects the effeciency of this device use. Summarizing the above, it can be concluded that the use of a polygraph while criminal proceedings, in particular in the investigation of murders involving domestic violence, possesses the principles of practical application. The appointment of a polygraph psychophysiological examination creates appropriate conditions for an investigator work in order to conduct a qualified, impartial investigation of a murder involving domestic violence.


Sign in / Sign up

Export Citation Format

Share Document