Object of complaints to the investigating judge regarding the judicial control of acts, actions / inactions to the criminal investigation body

2021 ◽  
Vol 13 (2) ◽  
pp. 11-12
Author(s):  
Dinu Ostavciuc ◽  
Tudor Osoianu
Keyword(s):  
Criminal Investigation ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Judicial Control ◽  
Operative Activity ◽  
Important Form

The examination of complaints by the investigating judge, filed by the parties to the proceedings and other persons claiming the violation of their rights in criminal proceedings, is an important form of control for detecting and preventing violations of law and errors committed by criminal prosecution bodies and which carries out the operative activity of investigations.

scholarly journals CRIMINAL PROCEDURE FUNCTIONS AND POWERS OF THE PROSECUTOR AS FACTORS DETERMINING THE SPECIFICS OF PROSECUTOR's SUPERVISION IN PRE-TRIAL PROCEEDINGS

2021 ◽  
Vol 31 (1) ◽  
pp. 124-132
Author(s):  
A.A. Nasonov
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Main Function ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Control ◽  
Scientific Discussion ◽  
The Russian Federation ◽  
The Law

The article analyzes the opinions of scientists expressed during the scientific discussion that unfolded around the issue of criminal procedure functions of the Prosecutor in pre-trial proceedings. Provides additional arguments in favor of supervision of execution of laws as the main function of the Prosecutor under the Law on the Prosecutor determines other types of prosecutorial activities (criminal prosecution, the preliminary investigation, etc.) that are supportive in nature. These types of Prosecutor's activities are not only ways to specify Prosecutor's supervision in criminal proceedings, but also means of implementing the criminal procedure function of the prosecution, which exists according to the concept of the current criminal procedure legislation of the Russian Federation, focused on the adversarial process, along with the function of protection and the function of resolving criminal cases. The article also addresses the issue of granting additional powers to the Prosecutor in pre-trial proceedings. It is proved that the decision to grant additional powers to the Prosecutor in pre-trial proceedings should create opportunities to maintain the necessary balance in pre-trial proceedings between Prosecutor's supervision, departmental control and judicial control. Evidence is given that the harmonious existence of Prosecutor's supervision and departmental control in pre-trial proceedings will allow us to count on overcoming existing violations of the law in the investigation of crimes, which currently remain many.

Conditions for the Application of Alternative Methods of Resolving Criminal Conflicts to Protect Public Interests

2021 ◽  
pp. 50-53
Author(s):  
Eduard S. Kaminsky ◽  
Keyword(s):  
Alternative Methods ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Public Interests ◽  
Alternative Measures ◽  
And Behavior

Public interests in criminal proceedings can be served not only through the perpetrator’s conviction, but also through alternative measures for resolving criminal conflicts. Their expediency is due, inter alia, to the fact that they are aimed at minimizing criminal repression in situations when society is not interested in the conviction and punishment of the offender who made amends for the damage caused. Such measures significantly rationalize the procedural resources used in this case, expedite criminal proceedings, and prevent the perpetrator’s stigmatization. Alternative methods can be used due to a set of conditions related to the committed act: offender’s personality and behavior, procedural expediency and organization of criminal prosecution, rationalization, acceleration, and consent of the parties and society.

scholarly journals PROSECUTOR'S SUPERVISION OF LAW CONDUCTING INVESTIGATIVE (SEARCH) ACTIONS

2020 ◽  
pp. 377-386
Author(s):  
Я. Ю. Конюшенко
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Judicial Control ◽  
Procedure Code ◽  
The Law ◽  
Procedural Guidance ◽  
Compliance With The Law ◽  
The Relationship

The purpose of the article is to define the prosecutor's supervision over investigative (search) actions as a legal guarantee of human rights, as well as problematic issues in its implementation and to make proposals to improve the current criminal procedure legislation of Ukraine. The article defines doctrinal approaches to the concepts of "prosecutor's supervision over compliance with the law during the pre-trial investigation" and "prosecutor's procedural guidance of the pre-trial investigation" in the context of investigative (search) actions. The author came to the conclusion that the provisions of the Constitution of Ukraine, the Law of Ukraine "On the Prosecutor's Office" and the Criminal Procedure Code of Ukraine in terms of regulating the functions and powers of the prosecutor during the pre-trial investigation. Based on the study, it is proposed to consider procedural guidance as one of the forms of prosecutor's supervision over the pre-trial investigation, which is implemented directly by the prosecutor or a group of prosecutors who are appointed to carry it out in a particular criminal proceeding. The author also emphasizes the existence of forms of supervision of the highest level prosecutor on the legality of these actions, which are implemented through the demand and study of information on the progress and results of pre-trial investigation, criminal proceedings and certified copies of court decisions and study of compliance with criminal procedure. A number of problematic issues during the prosecutor's supervision in pre-trial criminal proceedings are outlined, which relate to the relationship between the prosecutor's supervision and judicial control over the legality of investigative (search) actions; subjects and subject of supervision of the prosecutor in this sphere; providing the prosecutor-procedural manager and prosecutors of the highest level with instructions and instructions during the investigative (search) actions. To address these issues, it is proposed to amend the current criminal procedure legislation of Ukraine. The study of the materials of criminal proceedings and the survey of the subjects of criminal proceedings indicate the existence of a number of problematic issues that exist during the implementation of the prosecutor's procedural guidance of investigative (search) actions in the context of human rights.

THE PROBLEM OF COLLECTING AND EVALUATING EVIDENCE DURING THE INVESTIGATION OF USED AND VIOLENT CRIMES

2018 ◽  
Author(s):  
Volodymyr Baranyak ◽  
Keyword(s):  
Criminal Procedure ◽  
Professional Responsibility ◽  
Criminal Investigation ◽  
Criminal Proceedings ◽  
Violent Crimes ◽  
Careful Planning ◽  
Crime Detection ◽  
Preliminary Study ◽  
Material Evidence

The article is devoted to the study of problematic issues of collecting and evaluating evidence during the investigation of mercenary and violent crimes. It is proposed to make recommendations for improving the efficiency of crime detection on the basis of the principle of professional responsibility for this operational and investigative, investigative and forensic units. The issue of interaction of a forensic specialist with other services involved in the detection of crimes in cases of mercenary and violent crimes is considered. Emphasis is placed on the correctness of the design and timeliness of obtaining evidentiary information and the importance of the primary investigative actions, in which it is mainly concentrated. Due to the complexity of mercenary and violent crimes during the investigation in criminal proceedings, associated with careful planning, different ways of concealing traces at the scene, masking criminals, different ways of getting rid of resisting the attacker, the dependence of the effectiveness of criminal investigations actions of a specialist at the scene, the quality of the evidence collected and the preliminary study. Emphasis is placed on the importance of various forensic examinations that are performed in modern conditions during the investigation of crimes of mercenary and violent orientation. Cases of obtaining material evidence in violation of the rules of criminal procedure: marked, which consists in improper packaging of seized material evidence, lack of signatures of witnesses, a detailed description of the traces in the protocol of the investigation, violation of packaging and more. The most problematic is to determine the range of persons capable of committing crimes of selfishness and violence. However, it is characteristic of these crimes that they are usually committed according to a pre-designed plan, sometimes by groups with organizers and perpetrators. The importance of conducting preliminary investigations at the scene and during the investigative inspection of individual objects and traces as a way to quickly obtain information for the organization of a criminal investigation and which should be aimed primarily at studying information to facilitate the search and apprehension of the offender.

The Process of Attrition in Child Sexual Assault Cases: A Case Flow Analysis of Criminal Investigations and Prosecutions

2002 ◽  
Vol 35 (3) ◽  
pp. 347-362 ◽  
Author(s):  
Patrick N. Parkinson ◽  
Sandra Shrimpton ◽  
Heather Y. Swanston ◽  
Brian I. O'Toole ◽  
R. Kim Oates
Keyword(s):  
Criminal Justice ◽  
Child Protection ◽  
Justice System ◽  
Flow Analysis ◽  
Criminal Investigation ◽  
Criminal Prosecution ◽  
Court Records ◽  
Child Sexual Assault ◽  
The Family ◽  
A Prospective Study

As part of a prospective study which tracked 183 child sexual abuse cases referred to two Child Protection Units in Sydney, NSW, a search of court records was conducted to obtain criminal justice outcomes. Of the 183 cases, there were 117 cases where the name of the offender was known. Forty-five cases reached trial. Thirty-two cases resulted in a conviction. A sub-cohort of 84 of the children and their families was interviewed in detail to determine reasons why many cases did not proceed down the track of criminal investigation and prosecution and why other cases dropped out of the criminal justice system. Among this sub-cohort of 84 children, there were 67 cases where the offender was identifiable and could have been charged. There were 25 convictions. Reasons for not proceeding to trial included: the offence was not reported to police; parents wished to protect children, the perpetrator or other family members; evidence was not strong enough to warrant proceeding; the child was too young; the offender threatened the family; or the child was too distressed. The implications for criminal prosecution as a child protection strategy are considered in the light of this evidence of attrition.

Part III The Right to Justice, C Restrictions on Rules of Law Justified By Action to Combat Impunity, Principle 23 Restrictions on Prescription

2018 ◽  
Author(s):  
Pinzauti Giulia
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
Case Law ◽  
Theoretical Framework ◽  
Historical Background ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Domestic Legislation ◽  
The Right

Principle 23 deals with statutory limitations (prescription, in French) aimed at protecting defendants from stale claims that might be difficult to counter. Statutory limitations refer to legal norms that regulate the effects of the passage of time in domestic systems. In criminal law, they provide for a maximum timeframe, or prescription period, within which criminal proceedings can be instituted or sentences enforced. The passage of time makes the gathering of evidence more difficult and may also reduce the effectiveness of criminal prosecution. Significant delays in criminal action may thus impair the accused’s right to a fair trial. Furthermore, criminal proceedings tend to lose legitimacy as time passes. After providing a contextual and historical background on Principle 23, this chapter discusses its theoretical framework and how the statutory limitations have been applied in practice under multilateral treaties, domestic legislation and case-law. It also examines the practice of United Nations organs.

ENVIRONMENTAL CRIMES ON AND OFFSHORE: AN ENFORCEMENT UPDATE

2001 ◽  
Vol 2001 (2) ◽  
pp. 899-902 ◽  
Author(s):  
Jeanne M. Grasso
Keyword(s):  
Criminal Investigation ◽  
Criminal Prosecution ◽  
Environmental Compliance ◽  
Corporate Policies ◽  
Environmental Laws ◽  
The Past ◽  
Environmental Crimes

ABSTRACT Criminal enforcement of environmental laws has evolved rapidly in the past few years. Recent environmental prosecutions have targeted subtle conduct in innovative and aggressive ways by using expansive theories of liability beyond those contained in environmental statutes. Prosecutions for criminal negligence also are becoming more common. Because of aggressive federal and state efforts targeting environmental crimes, it is time for companies to take a hard look at their corporate policies and environmental compliance records to help ensure that they do not become a target of a criminal prosecution. This paper will review recent criminal environmental cases and discuss ways in which companies can best protect themselves and prepare for an environmental criminal investigation of their companies, officers, and employees.

The Role of Criminalistic Classification and Defendants’ Typification in the Formation of Forensic Recommendations for Prosecuting in Court

Lex Russica ◽  
2020 ◽  
pp. 69-83
Author(s):  
S. L. Kislenko
Keyword(s):  
Decisive Role ◽  
Criminal Activity ◽  
Point Of View ◽  
Practical Significance ◽  
Public Prosecutor ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
First Case ◽  
Court Proceedings

Systemic characteristics of the doctrine dealing with the person committing a crime predetermine the complexity of the use of information about him or her in the process of criminal prosecution. Systemic information on the behavioral aspects of the person in the process of genesis of criminal and post-criminal activity, as well as its procedural status, will be of great importance in the work of law enforcement agencies as a systematic structure. Criminalistically significant aspects of criminal activity (and behavior) as a systemic holistic structure should be discussed when the decisive role of personal features is determined not only in the mechanism of the criminal act, but also beyond it. The activity of the person that takes place both before the criminal prosecution (criminal aspect) and during the proceedings (post-criminal aspect) should be investigated. Therefore, the identity of the defendant should be considered in the context of such categories as the identity of an offender and the identity of an accused (a suspect). The typification of defendants is necessary In order to improve the effectiveness of the prosecution of offenders in court proceedings. The classification approach allows us to develop targeted recommendations (methods, tactical complexes) to maintain the prosecution. Obtaining and using information about the identity of the defendant implies the need for the public prosecutor to interact with other authorities involved in prosecution process. The author comes to the conclusion that the study of personal and behavioral characteristics of the defendant has important theoretical and practical significance. In the first case, the generalization of such knowledge contributes to the development of criminalistic theory in general and its certain sections in particular. From a practical point of view, accumulation of such knowledge contributes to the formation of targeted criminalistic recommendations used to improve the effectiveness of criminal prosecution of persons who committed crimes within the framework of criminal proceedings.

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