Autonomie und Strafverteidigung zwischen Rechts- und Sozialstaatlichkeit

2019 ◽  
Author(s):  
Sarah Zink
Keyword(s):  
Rule Of Law ◽  
Early Stage ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
Arrest Warrant ◽  
The Past ◽  
Constant Change ◽  
European Arrest Warrant ◽  
German System ◽  
The Right

The Directive (EU) 2016/1919 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings affects the German system of mandatory defense in criminal proceedings. While the system of mandatory defense displays – in the majority view – the German understanding of “Rechtsstaatlichkeit” (rule of law), in the past, the whole system has also started to become subject to constant change, which the Legal Aid Directive enhances. From now on, accused persons must be given the right to justice access before being questioned by the police, thus the member states must guarantee the funding of the assistance of a lawyer in this early stage of the proceedings. Hence, the German organization of funding the assistance of a lawyer is subject of this principle-orientated investigation.

scholarly journals Letter of Rights for Persons Arrested on the Basis of a European Arrest Warrant: A Novelty Under the Directive 2012/13/Eu

2013 ◽  
Vol 13 (1) ◽  
pp. 163-170 ◽  
Author(s):  
Libor Klimek
Keyword(s):  
Member State ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
Arrest Warrant ◽  
Framework Decision ◽  
Fundamental Knowledge ◽  
European Arrest Warrant ◽  
Right To Information ◽  
The Right ◽  
The Eu

Abstract The paper deals with a Letter of rights for persons arrested on the basis of a European arrest warrant, a novelty introduced by the Directive 2012/13/ EU on the right to information in criminal proceedings. The Directive stipulates that Member States of the EU shall ensure that persons who are arrested for the purpose of the execution of an European arrest warrant are provided promptly with appropriate Letter of rights containing information on their rights according to the law implementing the Framework Decision 2002/584/JHA on the European arrest warrant in the executing Member State. The paper is divided into three sections. First section presents fundamental knowledge on starting points of the letter of rights. Further, second section analyses its legal basis, i.e. Directive 2012/13/EU. The last third section introduces an indicative model of letter of rights.

scholarly journals Access to a Lawyer for Suspects at the Police Station and During Detention Proceedings

2020 ◽  
Vol 41 (2) ◽  
pp. 129-151
Author(s):  
Tymon Markiewicz
Keyword(s):  
Present Article ◽  
Criminal Proceedings ◽  
Arrest Warrant ◽  
Police Station ◽  
Minimum Standards ◽  
European Arrest Warrant ◽  
Main Statement ◽  
The Subject ◽  
The Right ◽  
Right Of Access

Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer lays down minimum standards concerning access to a lawyer for suspects and the accused in criminal proceedings, as well as persons subject to the European arrest warrant proceedings. The present article focus on the subject of access to a lawyer at the earliest stage of criminal proceedings – in connection with arrest as well as during proceedings concerning the use of pre-trial detention. Author analyzes in sequence: subjective scope of the right to a lawyer, the right to a lawyer for the person deprived of liberty, confidentiality of communications between the person deprived of liberty and their lawyer. The main statement is that Poland does not meet that standard.

Revocation of Citizenship and Rule of Law: How Judicial Review Defeated Britain's First Denaturalization Regime

2018 ◽  
Vol 36 (2) ◽  
pp. 295-354 ◽  
Author(s):  
Patrick Weil ◽  
Nicholas Handler
Keyword(s):  
United Kingdom ◽  
Rule Of Law ◽  
Judicial Review ◽  
Political Order ◽  
Foreign Born ◽  
The Past ◽  
The United Kingdom ◽  
Global Trend ◽  
The Right ◽  
Western Democracies

Over the past decade, the United Kingdom has deprived an increasing number of British subjects of their citizenship. This policy, known as “denaturalization,” has been applied with particular harshness in cases where foreign-born subjects have been accused of terrorist activity. The increase is part of a global trend. In recent years, Canada, Australia, France, and the Netherlands have either debated or enacted denaturalization statutes. But Britain remains an outlier among Western democracies. Since 2006, the United Kingdom home secretary has revoked the citizenship of at least 373 Britons, of whom at least 53 have had alleged links to terrorism. This is more than the total number of revocations by Canada, France, Australia, and Netherlands combined. These developments are troubling, as the right to be secure in one's citizenship has been a cornerstone of the postwar European liberal political order, and of the international community's commitment to human rights.

Mutual Trust, Essence and Federalism – Between Consolidating and Fragmenting the Area of Freedom, Security and Justice after LM

2019 ◽  
Vol 15 (1) ◽  
pp. 17-47 ◽  
Author(s):  
Mattias Wendel
Keyword(s):  
Rule Of Law ◽  
Judicial Independence ◽  
Fair Trial ◽  
Fundamental Rights ◽  
Mutual Trust ◽  
Arrest Warrant ◽  
European Arrest Warrant ◽  
Eu Fundamental Rights

Mutual trust – Essence of EU fundamental rights – Values under Article 2 TEU – Intrinsic link between essence and values – Federalism – LM judgment – Rule of law crisis in Poland – Right to fair trial – Judicial independence – Fundamental right to an independent tribunal – Prohibition on transfers – Obligation to presume compliance with fundamental rights – Condition of ‘systemic deficiencies’ as a federal safeguard – Area of Freedom, Security and Justice – European Arrest Warrant – Dublin system

scholarly journals The Rhinolith—A Possible Differential Diagnosis of a Unilateral Nasal Obstruction

2010 ◽  
Vol 2010 ◽  
pp. 1-4 ◽  
Author(s):  
Detlef Brehmer ◽  
Randolf Riemann
Keyword(s):  
Differential Diagnosis ◽  
Nasal Cavity ◽  
Foreign Bodies ◽  
Early Stage ◽  
Diagnostic Techniques ◽  
Nasal Discharge ◽  
Rare Occurrence ◽  
The Past ◽  
Stage Of Development ◽  
The Right

Rhinoliths are mineralised foreign bodies in the nasal cavity that are a chance finding at anterior rhinoscopy. Undiscovered, they grow appreciably in size and can cause a foul-smelling nasal discharge and breathing problems. Giant nasal stones are now a very rare occurrence, since improved diagnostic techniques, such as endoscopic/microscopic rhinoscopy, now make it possible to identify foreign bodies at an early stage of development. We report the case of a 37-year-old patient who, at the age of 5-6 years, introduced a foreign body, probably a stone, into his right nasal cavity. On presentation, he complained of difficulty in breathing through the right nostril that had persisted for the last 10 years. For the past four years a strong fetid smell from the nose had been apparent to those in his vicinity. Under general anaesthesia, the stone was removed in toto from the right nasal cavity. The possible genesis of the rhinolith is discussed, our case compared with those described in the literature, and possible differential diagnoses are considered.

scholarly journals BANTUAN HUKUM BAGI PELAKU USAHA KECIL DAN MENENGAH DI KECAMATAN SELAJAMBE, KUNINGAN

2019 ◽  
Vol 2 (02) ◽  
Author(s):  
Suwari Akhmaddhian ◽  
Bias Lintang Dialog
Keyword(s):  
Community Service ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
Know How ◽  
The People ◽  
Questions And Answers ◽  
Law And Justice ◽  
The Government ◽  
The Right

Every citizen has the right in law and justice, because of that the government made Law number 16 of 2011 concerning Legal Aid to protect its citizens in the event of a disaster that befalls the community. The purpose of community service is more focused on the people or villagers, while the other objectives of this counseling are the parents who can add information related to the process of handling criminal acts and how to follow up in the event of a crime. The method used is by way of lectures and discussions then ends with questions and answers. The results obtained from this community service are more sensitive people and know how the criminal proceedings associated with brands, patents, business licenses, taxes, illegal fees, financing or financing agreements with third parties and legal assistance and response to legal issues in particular those in connection with various threats to criminal acts at this time, it is expected that with the dedication to this community, parents can become equipped in protecting their families from various possibilities related to criminal acts and legal aid.Keywords: Legal Aid, Prevention, Socialization�AbstrakSetiap warga negara mempunyai hak dalam hukum dan keadilan, oleh kerana itu pemerintah membuat Undang-Undang nomor 16 Tahun 2011 tentang Bantuan Hukum untuk melindungi warganya dalam hal terjadi musibah yang menimpa masyarakat. Tujuan pengabdian kepada masyarakat ini lebih menitik beratkan kepada orang-orang atau warga desa, adapun sasaran lain yang menjadi tujuan dari diadakannnya penyuluhan ini yaitu para orang tua yang mana dapat menambah informasi terkait dengan proses penanganan tindak pidana dan bagaimana menindaklanjuti apabila terjadi tindak pidana. Metode yang digunakan yaitu dengan cara ceramah dan diskusi kemudian diakhiri dengan tanya jawab. Hasil yang diperoleh dari pengabdian kepada masyarakat ini yaitu masyarakat lebih peka dan mengetahui bagaimana proses tindak pidana yang terkait dengan� merek, paten, izin usaha, pajak, pungutan liar, perjanjian pembiayaan atau pendanaan dengan pihak ketiga dan bantuan hukum serta respon terhadap permasalahan hukum khususnya yang berkaitan dengan berbagai acaman tindak pidana pada sekarang ini, diharapkan dengan adanya pengabdian kepada masyarakat ini para orang tua dapat menjadi bekal dalam menjaga keluarganya dari berbagai kemungkinan yang terkait dengan tindak pidana dan bantuan hukum.Kata Kunci: Bantuan Hukum, Pencegahan, Sosialisasi.

scholarly journals Wzmocnienie praw procesowych jednostki w postępowaniu karnym w Unii Europejskiej - propozycje Komisji Europejskiej z listopada 2013 r.

2015 ◽  
pp. 103-139
Author(s):  
Anastazja Gajda
Keyword(s):  
European Commission ◽  
Fundamental Rights ◽  
Presumption Of Innocence ◽  
Legal Regulations ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
Judicial Cooperation ◽  
The Right ◽  
Criminal Matters ◽  
The Eu

The aim of the study is to present the proposals of legal regulations presented by the European Commission in one of the fields of Area of Freedom, Security and Justice (JHA), i.e. within the framework of judicial cooperation in criminal matters. The European Commission’s proposals aim at strengthening of the rights of suspects/defendants in criminal proceedings in the EU. They consist of the right to a fair trial and include: strengthening of the presumption of innocence principle and the right to be present at the trial, special safeguards for children suspected or accused of a crime and the right to provisional legal aid for citizens suspected or accused of a crime. In the paper I analysed the most important provisions of the projects and showed that these proposals are intended to ensure the protection of fundamental rights within the JHA.

scholarly journals DEPARTMENTAL MONITORING OR(AND) PROSECUTOR’S SUPERVISION FOR INVESTIGATION?

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 292-300
Author(s):  
V. M. Togulev
Keyword(s):  
Criminal Procedure ◽  
Significant Part ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Investigations ◽  
The Past ◽  
The Right ◽  
Almost All

As a result of the 2007-2010 reform, the prosecutor’s office lost the right to initiate criminal investigations and independently investigate them, a significant part of the prosecutor’s authority to supervise the investigative activities of the investigator was transferred from the prosecutor to the head of the investigating authority. These changes have been mixed among practitioners and process scientists. The author considers it inappropriate to return to the prosecutor the right to initiate criminal proceedings, since the prosecutor will have to carry out the whole complex of procedural and investigative actions referred to in art. 144 Code of Criminal Procedure. There is no need to return to the prosecutor’s office and the investigative function, since the prosecutor’s office will become a body of criminal prosecution and supervision and investigation, which will affect the objectivity of its actions and will nullify all the reforms of the investigation carried out over the past 20 years. Nor should powers be transferred to the prosecutor, which as a result of the reform passed to the head of the investigative body. Almost all the powers of the head of the investigative body to implement departmental control over the procedural activities of the investigator to some extent also belong to the prosecutor using special methods of prosecutorial response. The specificity is that the head of the investigating authority uses both the methods of previous and subsequent control, and the prosecutor mainly uses the subsequent one. It is proposed to provide the prosecutor with only one additional authority in relation to the investigator: to give the prosecutor the right, when approving the indictment, to exclude certain points of the charge from it or to re-qualify the charge to a less serious one instead of returning the criminal case to the investigator for these purposes.

scholarly journals Some Problems of Free Legal Aid in Criminal Proceedings

2020 ◽  
pp. 332-336
Author(s):  
Oksana Krushnitska
Keyword(s):  
Access To Justice ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
Effective Manner ◽  
The Creation ◽  
The Right ◽  
To Receive

The article deals with some problems of providing free legal aid in criminal proceedings. It has been identified and shown that the main prerequisite for ensuring the right of a person to legal aid can be considered to be the creation of reliable legal and organizational grounds for its actual provision. It is proved that the correspondence of a prisoner sentenced to imprisonment with the centers of free legal aid is, firstly, subject to review by the administration of the penitentiary institution, secondly, such letters will not necessarily be sent as a whole, and thirdly if such letters are sent wherever possible and there is no legal deadline for sending them. Some issues are outlined, such as the right to receive legal aid in a timely and effective manner to prisoners in prison. Alternatively, the right to amnesty, the right to pardon, and the right to review a judgment in newly discovered or exceptional circumstances, and other rights and freedoms that are not necessarily related to giving a person access to justice may be violated or inaccessible to the sentenced person. Therefore, the right to receive legal aid in a timely and effective manner to prisoners in prison may be violated. Alternatively, the right to amnesty, the right to pardon, and the right to review a judgment in newly discovered or exceptional circumstances, and other rights and freedoms that are not necessarily related to giving a person access to justice may be violated or inaccessible to the sentenced person.

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