Theoretical Aspects of Integrating Special Investigations in the Criminal Process in the Republic of Moldova

2021 ◽  
Vol 13 (2) ◽  
pp. 17-18
Author(s):  
Boris Glavan
Keyword(s):  
Criminal Investigation ◽  
Final Conclusion ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Special Investigation ◽  
Republic Of Moldova ◽  
Legal Nature ◽  
The Republic

This article is devoted to the issue of integrating special investigation activities in the criminal process. The paper comments on the contradictory visions regarding the researched subject. The legal nature of the special investigative measures and the results obtained from them are analysed. The final conclusion is that integrating special investigations into criminal proceedings generates serious problems that undermine respect for the rights and freedoms of participants in criminal proceedings. The issues related to carrying out special investigative measures outside the limits of the criminal investigation and capitalizing on them remain remarkably current.

scholarly journals The right of the defense to request an explanation of the accusation during the criminal investigation phase

2021 ◽  
pp. 7-14
Author(s):  
Tatiana Vizdoaga ◽  
◽  
Adriana Esanu ◽  
Keyword(s):  
Fair Trial ◽  
European Convention ◽  
Criminal Investigation ◽  
Criminal Proceedings ◽  
Republic Of Moldova ◽  
European Court ◽  
The Right To Know ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

Pursuant to Article 66 paragraph (2) point 1) of the Code of Criminal Procedure, the accused has the right to know for what deed he is accused […], i.e. to be informed on the nature and cause of the accusation brought against him. If the person is not properly informed about the accusation, he is deprived of the right to ensure the possibility of preparing and exercising his defense, being seriously affected by the principles of a fair trial, guaranteed by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Although the principle governing the exercise of rights by the accused in criminal proceedings guarantees the use of any means and procedures of defense, except those expressly prohibited by law, some prosecutors are reluctant to defenders’ requests to explain the accusation in criminal proceedings, context in which, in most cases, either declares them inadmissible or considers them unfounded. Such an approach does not reconcile the right to a fair trial; or, the clarity of what is set out in the indictment is also linked to the right of the accused to defend himself – as an indispensable element of the protection of the person against arbitrariness. Therefore, in this study, the authors will come up with pertinent arguments to annihilate the vicious practice of prosecutors to disregard the importance of predictability of the accusation in order to ensure the right to defense, as well as avoiding the conviction of the Republic of Moldova by the European Court for European Convention.

scholarly journals TAKING INTO CUSTODY IN THE CRIMINAL PROCESS OF THE REPUBLIC OF BELARUS: IMPROVING REGULATIONS AND ISSUES OF PROOF (COMPARATIVE LEGAL ANALYSIS)

2020 ◽  
Vol 73 (4) ◽  
pp. 156-162
Author(s):  
Andriy Samko ◽  
◽  
Dmуtrо Pilipenko ◽  
Keyword(s):  
Civil Rights ◽  
International Law ◽  
Preventive Measure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Theoretical Concepts ◽  
The Republic ◽  
The Right ◽  
Practical Feasibility

The article analyzes the peculiarities of applying a measure of procedural coercion in the form of detention in the criminal procedural legislation of the Republic of Belarus, as well as in the criminal process of Ukraine and the Republic of Kazakhstan. The positions of scientists in the field of criminal procedure, who conducted research on this issue, are analyzed. The key positions of the proceduralists regarding the basic regulatory aspects of the application of a preventive measure in the form of detention are considered. Attention is focused on the fundamental provisions of the functioning of the system of procedural compulsion and the application of a preventive measure in the form of detention in custody in particular. The analysis of the positions of the legislators of the Republic of Belarus, the Republic of Kazakhstan and Ukraine regarding the issue of normative regulation of the procedure for applying a measure of procedural coercion in the form of detention is carried out. The authors of the article emphasize the key aspect of the preventive measure in the form of detention in the form of its extraordinary impact on the observance of human and civil rights and freedoms in criminal proceedings. This circumstance is especially relevant in respect of the right of participants in criminal proceedings to freedom and personal inviolability. In this regard, theoretical concepts are considered and the content of international law on this issue is analyzed. The practical feasibility and normative possibility of using other, more humane methods of influencing suspects accused in criminal proceedings are analyzed. The article focuses on the normative procedure for the application of bail as an alternative procedural measure of isolating a person during detention in the legislation of the above states. The article analyzes the procedural features of the normative regulation of the use of pledge in the legislation of Ukraine and the Republic of Kazakhstan. The author's position on these issues, as well as proposals for optimizing the criminal procedural legislation of the Republic of Belarus regarding the regulation of the use of detention are formulated.

scholarly journals State responsibility for damage caused by unfair sentence or unfounded arrest

2013 ◽  
pp. 653-665
Author(s):  
Natasa Mrvic-Petrovic ◽  
Zdravko Petrovic
Keyword(s):  
Human Rights ◽  
The State ◽  
State Responsibility ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
General Rules ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

The legal basis of state responsibility for damage caused by unfair sentence or unfounded arrest is the need to protect fundamental human rights and freedoms guaranteed by the Constitution and generally accepted international rules. The right to compensation on this basis (although subjective civil right) has a sui generis legal nature, because it is connected with the protection of human rights. Joint public-private legal nature of such a request is expressed in the legislation of the Republic of Serbia, because the circle of authorized persons and the conditions under which they may be entitled to compensation is determined by the criminal procedural rules, while the existence of a legally recognized forms of damage and the extent to which the damage may be reimbursed is estimated according to the general rules of Law of obligations. While the legislation is very progressive, it is observed that, in practice, the applications for compensation are usually submitted because of the most unreasonable detention of up to one month or three months, and the inefficiency of the criminal proceedings, suspended upon the expiration of the absolute limitation of prosecution. The state could easily affect these practices. Also, the priority of state must be meeting its financial obligations with regard to final adjustments, and the imposition of demands for compensation.

PARTICIPATION OF AN INTERPRETER IN CRIMINAL PROCESS OF THE REPUBLIC OF UZBEKISTAN

2021 ◽  
Vol 6 (5) ◽  
pp. 97-103
Author(s):  
Nigora Abdurashitova ◽  
Keyword(s):  
Criminal Justice ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Criminal Proceeding ◽  
Legal Assessment ◽  
Sufficient Knowledge ◽  
Court Proceedings ◽  
The Republic ◽  
The Right

The article examines the criminal procedural status of an interpreter as a guarantor of ensuring therights and freedoms of participants in criminal proceedings. It is known that in a multinational country, it is especially important to respect the right of a participant in a criminal proceeding to choose a language, to have a reliable and accurate translation of case materials. The author, through the analysis of legislative norms, tries to give a legal assessment to the translator, as a specialist, calledupon to clarify the provision of justice in pre-trial and court proceedings. According to the author, it is the competence of the translator in the criminal process, his knowledge of his rights and obligations, sufficient knowledge of special legal vocabulary that is the most important factor in achieving the goals set for criminal justice. The article contains proposals for improving the legalstatus of the translator

scholarly journals The essence and problems of substantiating certain types of decisions in criminal proceedings

2021 ◽  
Vol 136 (3) ◽  
pp. 98-104
Author(s):  
V.V. Djafarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Procedure Code ◽  
Mandatory Requirement ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Procedural Decisions

The article considers problems of substantiating certain types of decisions in the criminal process. The author’s views are based on recent changes in the criminal procedure legislation of the Republic of Kazakhstan and the existing experience of the Russian Federation. The article focuses on provisions of the current criminal procedure code of the Republic of Kazakhstan. The author refers to Russian proceduralists whose works are devoted to the problems of studying the validity of procedural decisions at the pre-trial stage. The author indicated types of decisions, which are not recognized as criminal procedural, but for which justification should be a mandatory criterion according to the criminal procedural legislation of the Republic of Kazakhstan. The article provisions justify the need to enshrine the definition of «reasonableness» in the Criminal Procedure Code of the Republic of Kazakhstan as a mandatory requirement that must be met when taking decisions by the prosecuting authorities.

scholarly journals Charakter prawny postępowania w przedmiocie zastosowania środków zabezpieczających w polskim procesie karnym

2020 ◽  
Vol 30 (4) ◽  
pp. 197-220
Author(s):  
Patrycja Trzeja
Keyword(s):  
Security Measures ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Separate Category ◽  
Legal Nature ◽  
Precautionary Measures

This paper focuses on the legal nature of proceedings to impose security (precautionary) measures. Given that their legal nature is determined by a set of different features characteristic of given proceedings, the study analyses modifications of proceedings to apply security measures which justify considering them a separate category. It is no doubt that the proceedings in question are criminal proceedings. However, the fact that they differ from the “model” criminal proceedings makes them an interesting subject of study. The findings indicate that the proceedings to impose security measures should be classified as special criminal procedings or more specifically, special proceedings of criminal process and thus it should be viewed as one of the so-called equivalent special proceedings.

scholarly journals Comparative Legal Analysis Of Issues Of Enforcement Of Rights Of Individuals In The Criminal Proceeding Of The Republic Of Uzbekistan And Republic Of Kazakhstan

2021 ◽  
Vol 03 (02) ◽  
pp. 105-110
Author(s):  
Dildora Bazarova ◽  
◽  
Kanat Utarov ◽  
Keyword(s):  
Comparative Analysis ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Distinctive Features ◽  
Criminal Proceeding ◽  
Public Control ◽  
The Republic

The article provides a comparative analysis of the development of ensuring the rights of individuals in two post-Soviet republics; it also gives distinctive features and trends in the development of guarantees of rights in criminal proceedings. The issues of participation of prosecutors and lawyers in the criminal process, the role of public control over the criminal process are considered by the author.

scholarly journals Problems of realization of the principles of equality and competitiveness in the criminal process: possibility of their solution by implementation of the private detective institute in Ukraine

2021 ◽  
Vol 11/2 (-) ◽  
pp. 5-11
Author(s):  
Anastasiia HLOBA
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Current Version ◽  
Criminal Proceedings ◽  
Public Authorities ◽  
Criminal Process ◽  
Legal Nature ◽  
Private Detective ◽  
Criminal Procedure Law ◽  
Implementation Problems

Introduction. The work considers the problem of implementation of private detective institute in the context of realization of the principles of equality and competitiveness in the criminal process. At present the relevancy of this institute is proved by numerous attempts of the Verkhovna Rada of Ukraine to adopt a relevant law. As scientists note, the current version of Draft Law contains a large number of shortcomings. At the same time, in Ukraine the problem of compliance of the provisions of the Code of the Criminal Process with the principles of equality and competitiveness in criminal proceedings remains controversial. Scientists have repeatedly studied this issue and suggested ways to solve them, but the corresponding changes have not yet been implemented. Such a solution is necessary to ensure respect for human rights, so it is important to consider the possibility of solving problems related to the implementation of the principles of equality and competitiveness through the introduction of the institution of private detective in Ukraine. The purpose of the paper is to examine the legal nature of the principles of equality and competitiveness in criminal proceedings, their interrelation, implementation problems, as well as the possibility of solving problems of implementation of these principles by introducing the institution of private detective in Ukraine. Results. Authors made an analysis of legislation, doctrine and international practice. It proved the importance of implementation of the institute of private detective. However, current Draft Law are not perfect and complete and cannot provide the improvement of realization of principles of equality and competitiveness in criminal proceedings. Conclusion. The position of Ukrainian criminal procedure law on compliance with principles of equality and competitiveness is not complete, as the defense has fewer opportunities to gather evidence than the prosecution represented by public authorities. To improve the situation with the principles of equality and competition, it is recommended to consider the introduction of the private detective institute in Ukraine. To do this, it is necessary to provide proper legislation in order for this institution to improve the situation in compliance with these principles.

scholarly journals ELECTRONIC SEGMENT IN THE CRIMINAL PROCEDURAL LAW OF THE REPUBLIC OF LITHUANIA

2020 ◽  
pp. 72-82
Author(s):  
A. Stolitnii
Keyword(s):  
Digital Media ◽  
Electronic Monitoring ◽  
The Body ◽  
Criminal Proceedings ◽  
Electronic Communications ◽  
Criminal Process ◽  
Procedural Law ◽  
Criminal Procedure Law ◽  
Electronic Recording ◽  
The Republic

The article deals with the study of the electronic segment of criminal process in the Republic of Lithuania. Specialized electronic tools of criminal process in the form of information systems are analyzed, including: Integrated information system of criminal process, special website; electronic monitoring device. There are also a few non-specialized electronic criminal process tools, including: audiovisual telecommunications, electronic communications, electronic and digital media. The requirements for electronic recording of individual investigative actions using photography, audio, video, filming, other means and instruments of fixation have been investigated. Requirements for electronic recording of interrogation, search, arrest, identification of a person by a photo are noted. The norms of the Criminal Procedure Law of the Republic of Lithuania governing the electronic form of a criminal case in the form of an electronic file are stored, which stores electronic procedural documents drawn up or received in the course of a pre-trial investigation signed by a secure electronic signature. The rules for electronic communication between the subjects (participants) of the pre-trial investigation are analyzed. Procedural actions in the criminal proceedings of the Republic of Lithuania, carried out by the body of pre-trial investigation, by the prosecutor or the judge may be recorded electronically. With the consent of the investigator, at the conclusion of the pre-trial investigation, a copy of the pre-trial investigation file may be transmitted electronically and a copy of the indictment by electronic means or by electronic means. It is established that the trial is accompanied by electronic recording of its progress and results, participation in the trial of criminal proceedings can be ensured by remote transmission of audio and video, and familiarization with procedural documents – on a special website and e-mail. According to the results of the study of the electronic segment, the criminal procedural law of Latvia establishes the opportunity to use such experience in the introduction of electronic technologies in domestic science and practice of criminal procedural activity, the possibility of qualitative legislative implementation of changes.

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