scholarly journals Het instellen van een medische tuchtprocedure: een ‘criminal charge’?

2021 ◽  
Vol 45 (2) ◽  
pp. 119-130
Author(s):  
M.F. Mooibroek
Keyword(s):  
Criminal Charge

PENYELESAIAN SENGKETA PEMILU AKIBAT PENGGELEMBUNGAN SUARA DI KABUPATEN TAPIN

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Gusti Muhammad Ihsan Perdana
Keyword(s):  
Time Trial ◽  
General Election ◽  
The Other ◽  
District Court ◽  
Criminal Trials ◽  
Criminal Offense ◽  
Criminal Charge ◽  
The Future ◽  
The Republic ◽  
Legislative Election

 Legislative election in distric Tapin was spotted with a vote, conducted by members of the Commission, M. Zainnoor Wal Aidi Rahmad win a legislative candidate from the Golkar Party, namely Bambang Herry Purnama the 2014-2019. Elections Honorary Council for General Election Organizer of the Republic of Indonesia as No. 15 / DKPP-PKE-III / 2014 has imposed sanctions on Zainnoor Wal Aidi M. Rahmad form of dismissal remain as a member of the Tapin district Elections Commission since the verdict was read. Rantau’s District Court in its decision No. 135 / Pid-Sus /2014/PN.Rta, Bringing the sanctions in the form of imprisonment for 10 months with the criminal provisions do not need to be run in the future unless is another command in the verdict that convicted before time trial during the 12 (twelve months) ends have been guilty of a criminal offense and a fine of Rp. 10,000,000.00 (ten million). Dismissal sanctions remain to perpetrators as member of the district KPU Tapin have sense of fairness, but the connection with the criminal charge of criminal trials less reflectjustice for his actions that allow offenders not sentenced to imprisonment and the other party can not do the same.Keywords: Elections Tapin distric, Inflation Voice, Sanctions

JAK LUDOBÓJSTWO ZOSTAŁO UZNANE ZA ZBRODNIĘ – DZIEDZICTWO RAFAŁA LEMKINA

2016 ◽  
Vol 10 (2) ◽  
pp. 69-85 ◽  
Author(s):  
Sam MCFARLAND ◽  
Katarzyna HAMER
Keyword(s):  
International Law ◽  
War Crimes ◽  
Genocide Convention ◽  
Entire Life ◽  
War Crimes Trials ◽  
Criminal Charge ◽  
Short Biography ◽  
The World ◽  
Real Change ◽  
History Of

Raphael Lemkin is hardly known to a Polish audiences. One of the most honored Poles of theXX century, forever revered in the history of human rights, nominated six times for the Nobel PeacePrize, Lemkin sacrificed his entire life to make a real change in the world: the creation of the term“genocide” and making it a crime under international law. How long was his struggle to establishwhat we now take as obvious, what we now take for granted?This paper offers his short biography, showing his long road from realizing that the killing oneperson was considered a murder but that under international law in 1930s the killing a million wasnot. Through coining the term “genocide” in 1944, he helped make genocide a criminal charge atthe Nuremburg war crimes trials of Nazi leaders in late 1945, although there the crime of genocidedid not cover killing whole tribes when committed on inhabitants of the same country nor when notduring war. He next lobbied the new United Nations to adopt a resolution that genocide is a crimeunder international law, which it adopted on 11 December, 1946. Although not a U.N. delegate – hewas “Totally Unofficial,” the title of his autobiography – Lemkin then led the U.N. in creating theConvention for the Prevention and Punishment of the Crime of Genocide, adopted 9 December, 1948.Until his death in 1958, Lemkin lobbied tirelessly to get other U.N. states to ratify the Convention.His legacy is that, as of 2015, 147 U.N. states have done so, 46 still on hold. His tomb inscriptionreads simply, “Dr. Raphael Lemkin (1900–1959), Father of the Genocide Convention”. Without himthe world as we know it, would not be possible.

Electronic Publishing: The Role of Carrier and Publisher

1986 ◽  
Vol 21 (1) ◽  
pp. 40-47
Author(s):  
Richard M. Neustadt
Keyword(s):  
Los Angeles ◽  
Credit Card ◽  
Electronic Publishing ◽  
Bulletin Board ◽  
Credit Card Number ◽  
Electronic Bulletin Board ◽  
Phone Calls ◽  
Card Number ◽  
Criminal Charge

Since this is a legal seminar, I thought it would be appropriate to begin with a case. There is a person in Los Angeles who has been operating an electronic bulletin board on his personal computer. What that means is that he has memory attached to his computer, and it is possible for anyone else in the country with a computer to dial into that bulletin board and leave a message automatically in the memory. That message can then be accessed by anyone else who dials in.This person does not exercise any control over the messages that are put in. It is open to anyone who wants to put a message in there. Somebody put into that bulletin board the telephone credit card number of a rich person. Subsequently, many other people dialed into the bulletin board, got the telephone credit card number and charged phone calls to that person. No one knows where the number came from. The board operator was prosecuted under a criminal charge. The question is, is he liable?

scholarly journals The Request for Postponement of the Blashphemy Case Criminal Charge Reading by Police and Prosecutors

2021 ◽  
Vol 23 (1) ◽  
pp. 177-191
Author(s):  
Mohd Andalusia Masri ◽  
Dahlan Ali ◽  
Darmawan Darmawan
Keyword(s):  
Law Enforcement ◽  
Public Trust ◽  
Judicial Power ◽  
District Court ◽  
Legal Basis ◽  
Police Intervention ◽  
The Public ◽  
Positive Law ◽  
The North ◽  
Criminal Charge

This research aims to evaluate the police's request to postpone the criminal charge reading of the blasphemy case at the North Jakarta District Court, which was not based on Indonesia's positive law. The request to postpone a trial by the police without a legal basis could be considered a form of police intervention against the trial process, which has legal criminal consequences based on Article 3 Paragraph 2 and 3 of Law Number 48 of 2009 concerning Judicial Power. Meanwhile, the request for a two-week trial postponement by the public prosecutors due to their inability to complete the criminal indictment, as well as considering the request from the police, has created an impression that the public prosecutors have complied with the request of the police. It also injured public trust that demanded a fair and transparent law enforcement process.

An Old Warrior Underestimates a New Foe

2017 ◽  
Author(s):  
Sid Bedingfield
Keyword(s):  
Twentieth Century ◽  
African Americans ◽  
The State ◽  
Black Schools ◽  
Segregated Schools ◽  
Criminal Charge ◽  
A Chain

This chapter details McCray’s battle with James F. Byrnes, South Carolina’s most distinguished politician of the mid-twentieth century. The elder statesman ran for governor in 1950 after a long career in Washington. At the time the NAACP had filed Briggs v. Elliott, a suit in Clarendon County demanding an end to segregated schools. Byrnes hoped to persuade the state’s African Americans to withdraw the suit in return to more funding for all-black schools in the state. McCray and his newspaper led the fight to rally support in favor of the Clarendon County case. McCray paid a price for his defiance. He was charged with criminal libel and served time on a chain gang. He and his supporters believe Byrnes pushed for the criminal charge to silence McCray’s newspaper.

9. Article 6: The right to a fair trial

2018 ◽  
Author(s):  
David Harris ◽  
Michael O’Boyle ◽  
Ed Bates ◽  
Carla Buckley
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
Public Hearing ◽  
Legal Assistance ◽  
Criminal Cases ◽  
Reasonable Time ◽  
Criminal Charge ◽  
The Right

This chapter discusses Article 6 of the European Convention on Human Rights, which guarantees the right to a fair trial in both criminal and non-criminal cases. In all cases, it guarantees the right to a fair and public hearing trial within a reasonable time by an independent and impartial tribunal established by law. There are particular guarantees for persons subject to a criminal charge, including the right to be presumed innocent, to be informed of the charge, to adequate time and facilities to prepare the accused’s defence, to legal assistance, to examine and cross-examine witnesses, and to an interpreter.

Policing Domestic Violence: The Significance of Charging in the Post-Arrest Decision Making of Police Officers

Partner Abuse ◽  
2010 ◽  
Vol 1 (2) ◽  
pp. 200-219 ◽  
Author(s):  
Scott W. Phillips ◽  
James Gillham
Keyword(s):  
Domestic Violence ◽  
Police Officers ◽  
State Legislatures ◽  
Final Decision ◽  
Design Data ◽  
Mandatory Arrest ◽  
Criminal Charge ◽  
Criminal Charges ◽  
Specific Factors ◽  
Arrest Decision

During the 1980s many state legislatures enacted laws to address domestic violence cases, including mandatory arrest and warrantless arrest in a misdemeanor domestic violence incident. The domestic violence arrest decision has been extensively examined, but this is not the final decision point for officers. This research examined police officers’ decisions when listing criminal charges in domestic violence incidents. Using a vignette research design, data come from 267 police officers in a large department. Most police officers listed the criminal charge that would be expected based on the conditions described in the vignette. Specific factors increased the likelihood of misdemeanor and felony level criminal charges being listed.

Capital Punishment

2019 ◽  
Author(s):  
Paul Kaplan
Keyword(s):  
United States ◽  
Death Penalty ◽  
State Government ◽  
Capital Punishment ◽  
The United States ◽  
The European Union ◽  
Criminal Offenses ◽  
Complex Process ◽  
Criminal Charge ◽  
Modern Era

The death penalty, also referred to as capital punishment, is the process whereby a state government orders a sentence of death for a person found guilty of a particular set of criminal offenses. In the United States, the primary capital crime is first-degree murder with an additional aggravating factor, usually called a “special circumstance” (e.g., murder of a law enforcement officer). Capital punishment is a complex process that includes a criminal charge, an involved legal process, sentencing, special “death row” prison housing, post-conviction appeals, and the ultimate execution of the defendant. Persons sentenced to death are called condemned. Execution refers specifically to the process in which the defendant is killed. Capital punishment has been practiced throughout human history, with considerable variation across eras and regions. In the last 50 years, the use of capital punishment has declined across the globe, and there are relatively few countries that use it regularly as a form of punishment, most notably China. Some countries have abolished the death penalty completely, such as all member states of the European Union. Most other countries have seen a decline in its use. For instance, only 31 out of 50 states in the United States currently have death penalty statutes (there are also federal death penalty statutes, which are rarely used). The other 19 U.S. states are referred to as “abolitionist.” The “modern era” of capital punishment in the United States was spurred by two important Supreme Court cases. The Furman v. Georgia (1972) decision ruled that arbitrariness in the application of the death penalty deemed its use unconstitutional. The reversal of that ruling four years later in Gregg v. Georgia (1976) reestablished the death penalty in America, and experts refer to the modern era as 1976 to the present.

Settling Criminal Cases Without a Trial

1997 ◽  
Vol 31 (1-3) ◽  
pp. 223-244
Author(s):  
Bert Swart
Keyword(s):  
European Convention ◽  
Public Prosecutor ◽  
Political Rights ◽  
Criminal Cases ◽  
The Public ◽  
Criminal Sanctions ◽  
Criminal Charge ◽  
A Charge ◽  
Almost All

According to Article 13 of the International Covenant on Civil and Political Rights and Article 6 of the European Convention on Human Rights everyone is entitled to a fair and public hearing by an independent and impartial tribunal in the determination of any criminal charge against him. The essence of both provisions could be rephrased by saying that criminal sanctions may only be imposed on a person by an independent and impartial tribunal and only if that person has been able to defend himself against a charge during a hearing that satisfies all requirements of a fair trial.Realities, of course, are rather different. In almost all national systems of justice there is an increasing tendency to develop procedures that allow for imposing sanctions without the necessity of a criminal trial. Their main purpose is usually to relieve the system of a burden of cases with which it cannot really cope. Basically, there are two strategies to reduce the workload of courts and public prosecutors. The first is to invite the suspect to waive his right to trial in exchange for certain favours. This usually occurs in the form of an agreement between the public prosecutor and the suspect, while quite often the cooperation of the court that would have tried the case is also required. The second solution is to grant sanctioning powers to administrative bodies and to allow individual persons an appeal against their decisions to an independent and impartial tribunal.

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