scholarly journals THE ROLE OF GUARDIAN FOR AN AGGRIEVED MINOR IN CRIMINAL PROCEEDINGS

Probacja ◽  
2021 ◽  
Vol 4 ◽  
pp. 13-30
Author(s):  
Izabela Urbaniak-Mastalerz
Keyword(s):  
Supreme Court ◽  
Court Decisions ◽  
Legal Regulations ◽  
Criminal Proceedings ◽  
Legal Proceedings ◽  
Starting Point ◽  
The Supreme Court ◽  
A Minor

The study presents the problem of the role of guardian for an aggrieved minor in criminal proceedings. The legal regulations and court decisions are indicated regarding the role of guardian for a minor. The author attempts to solve the problem of how the role of guardian for minors should be perceived, given the existing jurisprudence of the Supreme Court and common courts. The conclusions from the evaluation of the regulations and judgments, based on the available statistics, form the starting point for the assessment of the guardian’s capacities in legal proceedings.

The Complexity of Sabbatino

1964 ◽  
Vol 58 (4) ◽  
pp. 935-951 ◽  
Author(s):  
Richard A. Falk
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Court Decisions ◽  
Domestic Court ◽  
Judicial Decision ◽  
Partial Analysis ◽  
The Supreme Court ◽  
Supreme Court Decisions

Banco Nacional de Cuba v. Sabbatino is a seminal decision, interpreting significantly the role of a domestic court in an international law case. At the same time, it avoids reaching definitive results. Very little is settled once and for all by the Supreme Court. This realization prompts caution. Sabbatino will not yield an authoritative interpretation, except, perhaps, as a consequence of subsequent Supreme Court decisions. A commentator must be content, therefore, with the less dramatic claims of provisional and partial analysis. Those that claim more are misleading us. The complexity of Sabbatino is almost certain to poison hordes of over-clarifiers who are descending upon this major judicial decision as vultures upon a freshly dead carcass.

Advocacy in Constitutional Choice: The Cramer Treason Case, 1942–1945

1986 ◽  
Vol 11 (3) ◽  
pp. 375-413
Author(s):  
J. Woodford Howard
Keyword(s):  
World War Ii ◽  
Supreme Court ◽  
War Powers ◽  
Total War ◽  
Federal Judiciary ◽  
The Supreme Court ◽  
American Law ◽  
A Minor

How did advocacy at each level of the federal judiciary help shape the leading decision in American law of treason? This article, adapted from a forthcoming biography of Judge Harold R. Medina, is a case study based on Justice Department archives and the personal papers of Medina, Charles Fahy, and seven Supreme Court Justices. It analyzes the whole case, from the lawyers'standpoint, to illuminate the role of counsel in transforming a minor wartime incident into the first treason case decided on the merits by the Supreme Court and the tribunal's only decision during World War II to limit constitutional war powers. Accenting litigation strategy and the use of history in constitutional interpretation, it is a story also of the struggle by counsel on both sides of the case to uphold high professional standards amid the passions of total war.

scholarly journals Kedudukan Peraturan Mahkamah Agung Nomor 13 Tahun 2016 Dalam Mengatasi Kendala Penanggulangan Tindak Pidana Korporasi (The Role Of Regulation Of The Supreme Court Number 13 Year 2016 In Overcoming Obstacles Of Corporate Criminal Infringement)

2018 ◽  
Vol 9 (1) ◽  
Author(s):  
Budi Suhariyanto
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Corporate Crime ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Corruption Case ◽  
The Supreme Court ◽  
Criminal Procedure Law ◽  
The Subject

The prevention of corporate crime in Indonesia is constrained due to unclear management of corporate crime. In order to overcome the imperfection of such arrangements, the Supreme Court issued Supreme Court Regulation No.13 of 2016 on the Procedures for Corruption Case Handling by Corporations. There are questions that arise, what are the obstacles faced by Law Enforcement in an effort to overcome corporate crime and how the role of Perma No. 13 of 2016 in overcoming the obstacles to overcome the criminal act of the corporation? Normative legal research method is used to answer the problem. Normatively, from various laws governing the corruption of the subject of crime, there is no detailed formulation of corporate handling procedures so that law enforcers experience difficulties in conducting the criminal proceedings against the corporation. Article 79 of the Law on the Supreme Court provides the legal basis that if there is a legal deficiency in the course of the judiciary in any case, the Supreme Court has the authority to enact legislation to fill such shortcomings or vacancies. Perma No.13 of 2016 can be used as a guide for Law Enforcement to overcome technical obstacles of corporation criminal procedure law. Nevertheless, Perma has limitation so that required update of corporation criminal procedure in RKUHAP. AbstrakPenanggulangan tindak pidana korporasi di Indonesia mengalami kendala akibat tidak jelasnya pengaturan penanganan tindak pidana korporasi. Dalam rangka mengatasi ketidaksempurnaan pengaturan tersebut, Mahkamah Agung menerbitkan Peraturan Mahkamah Agung No.13 Tahun 2016 tentang Tata Cara Penanganan Perkara Tindak Pidana Oleh Korporasi. Ada pertanyaan yang mengemuka yaitu apa saja kendala yang dihadapi Penegak Hukum dalam upaya menanggulangi tindak pidana korporasi dan bagaimana peran Perma Nomor 13 Tahun 2016 dalam mengatasi kendala penanggulangan tindak pidana korporasi tersebut? Metode penelitian hukum normatif digunakan untuk menjawab permasalahan tersebut. Secara normatif, dari berbagai peraturan perundang-undangan yang mengatur korporasi subjek tindak pidana, tidak dirumuskan detail tata cara penanganan korporasi sehingga penegak hukum mengalami kendala dalam melakukan proses pemidanaan terhadap korporasi. Pasal 79 Undang-Undang tentang Mahkamah Agung memberikan dasar hukum bahwa apabila dalam jalannya peradilan terdapat kekurangan atau kekosongan hukum dalam suatu hal, Mahkamah Agung memiliki wewenang membuat peraturan untuk mengisi kekurangan atau kekosongan tersebut. Perma No. 13 Tahun 2016 dapat dijadikan pedoman bagi Penegak Hukum untuk mengatasi kendala teknis hukum acara pidana korporasi. Namun, Perma tersebut memiliki keterbatasan sehingga diperlukan pembaruan hukum acara pidana korporasi dalam RKUHAP.

Whither Campaign Finance Jurisprudence?

2021 ◽  
pp. 133-138
Author(s):  
Daron R. Shaw ◽  
Brian E. Roberts ◽  
Mijeong Baek
Keyword(s):  
Social Science ◽  
Supreme Court ◽  
Free Speech ◽  
The Political ◽  
Court Decisions ◽  
Social Scientists ◽  
Political Policy ◽  
The Supreme Court ◽  
And Behavior

Chapter 7 offers a discussion of the main results and a consideration of the political, policy, and jurisprudential implications of the study. It deliberates what happens in instances like this—when the Supreme Court fosters the construction of an entire edifice of laws and regulations that limit a fundamental right (free speech) based on an erroneous set of assumptions about political opinion and behavior. The role of social science in court decisions—particularly in the context of informing behavioral assumptions—is emphasized, along with a particular call for social scientists to investigate further the Buckley Court’s model.

Vergangenheitspolitik durch Strafrecht

2021 ◽  
Author(s):  
Christian Pöpken
Keyword(s):  
Second World War ◽  
Crimes Against Humanity ◽  
Appellate Court ◽  
World War ◽  
Criminal Proceedings ◽  
National Socialist ◽  
Legal Proceedings ◽  
Starting Point ◽  
The Supreme Court ◽  
Second World

The criminal proceedings on National Socialist crimes conducted in German courts in the immediate aftermath of the Second World War have long stood in the shadow of the Nazi war-crime trials conducted by the Allies and the criminal proceedings, such as the Auschwitz trials in Frankfurt, conducted by Germany with renewed vigour from the end of the 1950s on. Focusing on the supreme court for the British zone of occupation (1947–50), this historical academic study shifts attention onto an important protagonist in the aforementioned earlier series of criminal prosecutions. Using a broad spectrum of sources as its starting point, it is the first to present and analyse in detail that the ruling on crimes against humanity pronounced by this court, which was the only German appellate court responsible for an entire occupied zone, signified a pioneering yet quickly forgotten contribution to the legal proceedings against Nazi injustices. As a result, it portrays the court as a significant player in an embattled policy for dealing with the past using criminal law and thus as an important part of contemporary legal history.

scholarly journals Theoretical and Practical Issues of Minor Suspect or Accused Supervision in the Russian Criminal Proceedings

2020 ◽  
Vol 15 (12) ◽  
pp. 131-139
Author(s):  
S. V. Matveev ◽  
P. V. Kulakov
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Scientific Literature ◽  
Preventive Measures ◽  
Criminal Proceedings ◽  
The Supreme Court ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
A Minor ◽  
The Guardian

The paper examines the main theoretical and practical issues that arise when choosing such a special measure of restraint in relation to a minor suspect or accused as supervision. The authors emphasize that due to legislative gaps and the lack of a clear algorithm of actions for its application, this measure of restraint is rarely applied in practice. The paper touches upon the topic of the participation of adults in the supervision of a minor suspect or accused. In particular, the authors conclude that it is impossible for the guardian to participate in these criminal procedural relations. The study and analysis of scientific literature allowed the authors to develop criteria which may help determine whether it is possible to admit an adult person to supervise a minor suspect or accused. It is stated that in order to increase the number of supervision application in respect of minor suspects and accused in comparison with other preventive measures, it is necessary to legislatively revise the provisions of the criminal procedure law and recommendations given in the resolutions of the Plenum of the Supreme Court of the Russian Federation, including using the norms of foreign legislation.

Features of the election of such preventive measure as house arrest in relation to minors

2020 ◽  
Vol 2020 (2) ◽  
pp. 153-157
Author(s):  
Ekaterina Manohina
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Preventive Measures ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
House Arrest ◽  
The Supreme Court ◽  
The Russian Federation ◽  
A Minor

In the article, the author turns to the study of the peculiarities of choosing such a preventive measure as house arrest for minors. Due to the fact that the Code of Criminal Procedure of the Russian Federation does not precisely define cases when a court must elect a house arrest in relation to minors, in practice there are often difficulties in which cases to choose such a preventive measure as detention, and in which house arrest. In the work, the author attempts to determine the essence of such a preventive measure as house arrest and the peculiarities of his election in relation to minors, and also considers the prohibitions and (or) restrictions to which minors cannot be subjected. The positions contained in the resolution of the Plenum of the Supreme Court “On the practice of the application by the courts of legislation on preventive measures in the form of detention, house arrest and bail” are analyzed. The author expresses the opinion that it is inadvisable to choose such a preventive measure as house arrest for minors. Based on the study, the author makes recommendations on the possibility, at the discretion of the court, to make adjustments to the prohibitions and (or) restrictions to which a minor suspect or accused will be subjected to whom such a preventive measure as house arrest is chosen.

Remote Proceedings in the Supreme Court of the Russian Federation

2020 ◽  
Vol 2 (3) ◽  
pp. 100-118
Author(s):  
A. S. German ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Theoretical Basis ◽  
Information Technologies ◽  
Systematic Approach ◽  
Systematic Analysis ◽  
Social Distancing ◽  
Legal Proceedings ◽  
The Supreme Court ◽  
The Russian Federation

Introduction. Currently, the Supreme Court of the Russian Federation, like many state bodies, is faced with a global challenge – the coronavirus pandemic, which has affected all public processes. The need for social distancing has contributed to the more active use of modern technologies that facilitate remote court hearings. Theoretical basis. Methods. The theoretical basis of the study were the Russian and foreign scientific works devoted to the problems of introducing information technologies into judicial activity. The methodological basis of the study was a systematic approach that made it possible to consider the possibilities of remote justice in its relationship to significant factors of a legal and organisational nature. The study used the methods of logical generalisations, analysis and synthesis, together with a systematic approach and the method of comparative jurisprudence. Results. The article briefly presents the results of a systematic analysis of measures carried out by the Supreme Court of the Russian Federation aimed at ensuring the widespread use of remote technologies in the administration of justice. Discussion and Conclusion. Given the current pandemic situation, the Supreme Court of the Russian Federation has introduced integrated related web conferencing and video conferencing technologies for remote court hearings. These technologies began to be actively used by courts during the pandemic period. Their application ensures a reasonable time frame for legal proceedings and makes it possible to ensure the availability of justice even in conditions of social distancing. The undoubted advantage of remote technologies is their potential to reduce procedural costs in the course of legal proceedings. However, the issues under consideration require further research, as well as preparation of conceptual suggestions to the legislator aimed at optimising procedural legislation.

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