Polizeibeamte als Berufszeugen in Strafverfahren

2020 ◽  
Author(s):  
Lukas Theune
Keyword(s):  
Criminal Law ◽  
Police Officers ◽  
Critical Appraisal ◽  
Negative Impact ◽  
Point Of View ◽  
Psychological Perspective ◽  
Criminal Proceedings ◽  
Psychological Point ◽  
Witness Statements

This work examines the particularities of police officers who appear as witnesses in criminal proceedings. First of all, the special characteristics of this group of witnesses are worked out. These are then examined from a psychological perspective with regard to their effects on the credibility of the witness statements. In an empirical section, these findings are then compared with the expertise of judges, prosecutors and defence lawyers. Finally, possible alternatives are discussed. It becomes clear that police officers are granted a special status by judges and public prosecutors that cannot be justified from a psychological point of view considering the special characteristics that have a negative impact on their credibility. In fact, their statements would have to be subjected to particularly critical appraisal in practice. The author is a lawyer and specialist for criminal law in Berlin.

scholarly journals Społeczna szkodliwość — dziedzictwo komunizmu w polskim prawie karnym?

2021 ◽  
Vol 43 (3) ◽  
pp. 155-179
Author(s):  
Wojciech Zalewski
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Criminal Liability ◽  
Second World War ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Democratic State ◽  
The Social ◽  
Social Harmfulness ◽  
Second World

The introduction of social harmfulness (social danger) to Polish criminal law after the Second World War was politically motivated. For many, this circumstance was sufficient to formulate postulates about the necessity to remove this premise of criminal liability. Social harmfulness still remains controversial today. Before, criminal law was seen as a tool. Currently, it is to be an ultima ratio. It is clear that determining the essence of the crime and its nature, introducing into the law “what belongs to literature”, was necessary in the legal system of a totalitarian state, imposing its views and morals on society. In a legal system of a democratic state, a state ruled by law, a statutory ideological declaration regarding the essence of a crime seems redundant. However, changing the nomenclature is not enough here — there is a possibility of weakening the guaranteeing criminal law function. The social harmfulness premise contributes to the heterogeneity of jurisprudence, even in cases concerning serious crimes. The author is of the opinion that limiting the number of minor cases from the point of view of the state’s right to punish, which paralyzes the judiciary with their sheer number, should take place in a different way than introducing the social harmfulness of an act as a criterion determining the culpability. The currently adopted solution seems irrational and non-functional from the perspective of the legal certainty principle. A more appropriate move seems to be the assessing the advisability of prosecuting an act, i.e. by introducing and implementing the principle of opportunism in criminal proceedings.

scholarly journals Counteraction to Miscarriage of Justice in Ukraine

2019 ◽  
Vol 2 (3) ◽  
pp. 96-105
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Proceeding ◽  
Specific Regulation ◽  
Miscarriage Of Justice

Investigation of crimes against justice in Ukraine is among topical problems of miscarriage of justice. Hundreds of criminal cases are recorded as a crime in the Official Register in Ukraine but only a few have been brought to the court. In this article we try to approach this problem in three ways: from the point of view of criminal law, criminal procedure and criminalistic measures of counteraction to miscarriage of justice. Such an approach helps to demonstrate problems of investigator, prosecutor and judge at different stages of criminal proceeding. Special attention is paid to specific regulation of the issues of criminal proceedings against a certain category of persons, including judges. Mistakes of representatives of law enforcement bodies become visible as a result of analyzing of real criminal cases. Such an analysis is aimed to disclose the problem of counteraction to miscarriage of justice in Ukraine.

scholarly journals Contextualization of the Classic Moral Sentimentalism

2021 ◽  
Vol 12 (1Sup1) ◽  
pp. 238-256
Author(s):  
Rarita Mihail
Keyword(s):  
Point Of View ◽  
Emotional States ◽  
Psychological Perspective ◽  
Value Judgments ◽  
Moral Sentimentalism ◽  
Evaluative Judgments ◽  
The Third ◽  
Value Judgements ◽  
Psychological Point ◽  
Theoretical Issues

Moral sentimentalism can be defined as the philosophical theory according to which emotions are the source of our value judgements, in general, and of our moral judgements, in particular. It follows that, from a historical and conceptual point of view, moral sentimentalism has emerged and developed in opposition to moral rationalism, according to which reason allows us to formulate and understand value judgments from a psychological point of view and is also the source of our axiological knowledge from an epistemic point of view. In this article we present the theoretical issues related to the sentimentalist approach to morality and evaluative judgments, starting from the diverse theories of the classical representatives of sentimentalism, Shaftesbury, Hutcheson, Hume and Smith, and especially the three theses they defended: psychological perspective, the theory of moral sense and the theory of moral feelings. I also argue that the first moral sentimentalism emerged from the confrontation of three distinct aporia: the first aporia refers to the conceptualization of emotions and emotional states; the second deals with the possibility of axiological knowledge; and the third refers to the nature and existence of values. Finally, we are interested in the birth of sentimentalism in order to highlight a series of difficulties inherent in this theoretical approach and which we find today in contemporary moral sentimentalism. The aim is to highlight the conceptual and argumentative tensions that were at the heart of sentimentalism at its emergence.

scholarly journals Problem issues of objectives and motives in composition of crimes against the basis of national security of Ukraine

2019 ◽  
pp. 89-103
Author(s):  
R. Chorniy
Keyword(s):  
National Security ◽  
Criminal Law ◽  
Criminal Code ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Legislative Proposal ◽  
Law Enforcement Officials ◽  
Dual Interpretation ◽  
The One ◽  
Subjective Side

Important criminal value, first of all, for the proper qualification of the crimes provided by Art. 109 - 114-1 of the Criminal Code of Ukraine, the justice of the punished person is punished by the purpose and motive of the crime, which are independent psychological features of the subjective party, which, in turn, is not limited to the subject's attitude to the socially dangerous act or omission committed by him and its consequences. The purpose of the article is to identify the main problems that arise in determining the purpose and motives of crimes against the basics of national security and to formulate proposals to improve the provisions of the Criminal Code of Ukraine. The investigations of the indicated features of the subjective side of the warehouses of criminals provided for in Art. 109 - 114-1 of the Criminal Code of Ukraine demonstrated that the science of criminal law presents different approaches of the authors to understanding the purpose and motives of the basic and qualified compositions of crimes against the bases of national security of Ukraine. Articles of Section I of the Special Part of the Criminal Code are designed in such a way as to presuppose on the one hand a dual interpretation of some subjective features of the crime, on the other - the obligatory features of the subjective party specified in them are superfluous or those which are fixed in violation of the normative design rules technology. Yes, the following issues remain unresolved today: From the point of view of the legislative proposal, the position regarding the necessity to anticipate as a constructive feature of public calls and dissemination of materials with calls for action, provided for in Part 2 of Art. 109 and Part 1 of Art. 110 of the Criminal Code of Ukraine, a special purpose, since the proposed approach will create difficulties in proving by the investigators and the court the guilt of the person in committing the relevant crime. Predicting the purpose of the crime as a mandatory feature in the note to Art. 110-2 of the Criminal Code of Ukraine does not fully correspond to the main purpose of the said constructive part of the criminal law norms and rules of the normative design technique, and also leads to narrowing the scope of the said article, difficulties in proving in criminal proceedings. the provisions of Part 1 of Art. 111 of the Criminal Code of Ukraine give grounds for claiming that there is a so-called "double" purpose in it, which creates certain difficulties for qualification and prosecution of the perpetrator precisely for treason. Damage not only to the sovereignty, territorial integrity and inviolability, defense capacity, state, economic or information security of Ukraine, but also to other types of state security may be desirable for the subject. Features of the technical and legal design of the disposition of Art. 112 of the Criminal Code of Ukraine is the basis of different approaches of the authors to understanding the obligatory features of the subjective side of the crime committed by it. Only motive, purpose and motive, purpose or motive that does not facilitate their correct interpretation by law enforcement officials and court practice are considered such.

scholarly journals Contemporary reform of the criminal proceedings in the Republic of Serbia: Legal history view

2016 ◽  
pp. 19-36
Author(s):  
Zoran Cvorovic
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Plea Bargaining ◽  
Active Role ◽  
Point Of View ◽  
Anglo Saxon ◽  
Criminal Proceedings ◽  
Weak State ◽  
Dominant Type ◽  
Adversarial System

This article aims to review some solutions in the Criminal Procedure Code (CPC) from 2011, which represents breaking with former Serbian and Yugoslav tradition in criminal proceedings. These are, primarily, novelties related to opportunism in prosecution, plea bargaining and presentation of evidence by parties that all devalue principles of material truth determination in proceedings. This work establishes connection between the aforementioned solutions of Serbian legislator and the development of continental European criminal proceeding over centuries. Comparative historical legal analysis of these norms in the Serbian CPC begins with the key turning point in the development of the continental European criminal proceedings - suppression of the adversarial system by the inquisitorial proceedings in the XVI and XVII centuries. As this change has been closely related to the transition of, up to then, dominant type of states (feudal mosaic states to absolute monarchies), these modern changes in criminal proceedings are analyzed not only from the point of view of criminal procedure evolution, but also from the point of view of the evolution of states. In England, country of origin of Anglo-Saxon civilization, the old adversarial system was not transformed into inquisitorial, contrary to the development of the continental criminal proceedings. This transformation was prevented by Puritan revolution, similarly as it prevented the transformation of English state into absolute monarchy. Continental and Anglo-Saxon criminal proceedings have developed as two completely separate systems since then. This article further elaborates some of the key criminal law traditions in continental criminal proceedings and substantive criminal law which resulted from the introduction of the inquisitorial proceedings: development of complicity and guilt as institutes, final suppression of self-representation, incrimination of false testimony and perjury. These are directly related to the active role assigned to court in inquisitorial proceedings, and to court?s obligation to determine material truth. Changes in the role of court also result from the change of states; while weak feudal states were satisfied with passive courts, powerful absolute monarchies demanded courts with active role in all phases of proceedings. Modern Americanization of some European proceeding regulations, as it is the case in Serbia, brings discontinuation in legal proceeding tradition of these states, but also, necessarily, influences regression into domination of adversarial proceedings character?ized by passive court. In continental tradition it also consequently indicates a weak state.

scholarly journals Analisis Perspektif Psikologi Tokoh Silas Marner dalam Novel Silas Marner Karya George Eliot

2020 ◽  
Vol 6 (2) ◽  
pp. 593-599
Author(s):  
Heni
Keyword(s):  
Short Story ◽  
George Eliot ◽  
Human Life ◽  
Real Life ◽  
Literary Work ◽  
Point Of View ◽  
Psychological Perspective ◽  
Psychological Point ◽  
Interesting Story ◽  
Points Of View

A literary work is a form of the author's imagination written with a background in various fields of life. The characters in a literary story also have the same problems as humans in real life. The author, in writing a story, is motivated by the conditions and environment that exist around him and affects him. The story in a novel, short story, or poetry reflects various aspects of human life. Literary works will present a story that can be viewed from various points of view, including from a psychological perspective. We can examine each character from a psychological point of view. How the character's psychological condition will appear from a story that can be examined by looking at the character's behavior, how he relates to other characters, and how he deals with problems in his life. George Eliot's Silas Marner novel is an interesting story which can be examined from a psychological point of view, namely the psychology of existentialism. Silas Marner's character in this novel will be analyzed from a psychological perspective. How Silas Marner's character in self-existence will appear in the psychology of existentialism.

scholarly journals LEGAL AND SOCIAL DIMENSION OF MEDIATION IN POLISH CRIMINAL PROCEEDINGS

Probacja ◽  
2021 ◽  
Vol 2 ◽  
pp. 115-142
Author(s):  
Małgorzata Boczkowska
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Social Attitudes ◽  
Social Dimension ◽  
Psychological Perspective ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Court Proceedings ◽  
Legal Consequences ◽  
Scientific Fields

The concept of mediation and related proceedings are becoming more and more popular among practitioners and theorists of law and other scientific fields, such as anthropology, philosophy, economics, sociology or psychology. Mediation is used in various areas of human life, both external, interpersonal, related to influencing human behavior, as well as internal, intrapersonal, related to emotions, experiences, feelings and social attitudes resulting from them. The use of this institution is also closer to judicial practice, both in terms of broadly understood civil law and criminal law or proceedings in juvenile cases. The analysis of this issue gives grounds for the claim that mediation, as a certain form of striving for agreement, has a real impact on every aspect of human life. However, the problem is much more complex. This analysis is only an outline of it and an attempt to draw attention to those issues that at first glance seem to be of little importance, but as a consequence have a number of far-reaching social and legal consequences. The aim of the work is to present mediation in the Polish criminal trial and its importance for every citizen, both from a legal, social and psychological perspective. Also taken an attempt to verify, whether criminal mediation can be an alternative to the court proceedings or only a support for it.

Psychological factors as predictors of readiness to combat crime among police officers in Osun State Command, Nigeria

2018 ◽  
Vol 20 (4) ◽  
pp. 296-305
Author(s):  
Adeboye Titus Ayinde ◽  
Olusola Abayomi Ayegun
Keyword(s):  
Emotional Intelligence ◽  
Locus Of Control ◽  
Police Officers ◽  
Survey Design ◽  
Sampling Technique ◽  
Point Of View ◽  
Primary Data ◽  
Sample Population ◽  
Law Enforcement Agencies ◽  
Psychological Point

The increasing crime rate and apparent reduction in combatting crime by law enforcement agencies in Nigeria, particularly the Nigerian Police, deserve attention from a psychological point of view. This study examined the extent to which locus of control and emotional intelligence (EI) predict readiness to combat crime among police officers in Osun State Police Command, Nigeria. The study used primary data embedded in a descriptive survey design. A multistage sampling technique was adopted to obtain data from the sample population. Three police area commands in Osun State, namely Osogbo, Ile-Ife and Ilesa, were selected for the study. The sample comprised 258 police officers selected using a stratified random technique with different units of command as the basis of stratification. Three instruments, the Work Locus of Control Scale, Brief Emotional Intelligence Scale and Readiness to Combat Crime Scale were used. Data were analysed using descriptive (percentage count) and inferential statistics (linear regression and t-test). The results showed that locus of control did not significantly predict readiness to combat crime among police officers in Osun State Command [ F(1,214) = 0.371; p > 0.05], whereas EI [ F(1,225) = 131.045; p < 0.05] did. The study concluded that EI successfully predicted readiness to combat crime among police officers in Osun State Command, whereas locus of control had no influence.

scholarly journals Security Measures In Ukraine’ Criminal And Criminal Procedure Law

2019 ◽  
pp. 195-205
Author(s):  
V.V. Shpiliarevych
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Point Of View ◽  
Security Measures ◽  
Criminal Proceedings ◽  
External Threats ◽  
Procedural Law ◽  
Special Part ◽  
Criminal Procedure Law

The article is dedicated to the study of security measures in criminal and criminal procedural law of Ukraine. Determined by the influence of integration and globalization processes, there is a tendency of convergence of various branches of law, including criminal and criminal procedural law. Therefore, the implementation of a modern effective policy in the field of crime prevention in Ukraine requires an improvement of existing preventive measures and development of new ones, both at the international and national levels. That is why, criminal and criminal procedure measures, namely security measures, play an important role in ensuring the protection of a person&#39;s interests against internal and external threats. In particular, criminal-law security measures should be understood as a variety of measures of criminal nature, provided by the Criminal Code of Ukraine, which appliedn to a person, which is in «dangerous state», on behalf of the state on by reasonable court decision, in order to prevent the re-committing of a socially dangerous act, which predicted by the Special Part of the Criminal Code of Ukraine. From a criminal procedural point of view, security measures (measures to ensure the safety of participants in criminal proceedings) - is the implementation of legal, organizational, technical and other measures aimed to protect life, health, housing, property, honor and dignity of a person against unlawful attacks, in order to create the necessary conditions for the proper administration of justice. As a conclusion, the author states that the security measures existing in the criminal law of Ukraine differ from the security measures of criminal procedural character, by its nature, system, subjects to which such measures are applied, the purposes and aims of its application.

Fifty Shades of Pretty and Thin

2021 ◽  
pp. 213-232
Author(s):  
Andrea Carta ◽  
Elena Carraro ◽  
Simona Adelaide Martini ◽  
Giulia Perasso
Keyword(s):  
Gender Stereotypes ◽  
Negative Impact ◽  
Well Being ◽  
Point Of View ◽  
Negative Effects ◽  
Men And Women ◽  
Female Stereotypes ◽  
Psychological Point ◽  
Revenge Porn ◽  
Sexual Object

Today, gender representation in media and advertising could be responsible for creating and maintaining female stereotypes that have a negative impact on women's psychological and social well-being. From a psychological point of view, women have to face several issues including the objectification of their body, which could have negative effects on their mental, emotional, and physical health; furthermore, the portrayal of the female body as a sexual object could be associated with aggressive inclinations and behaviours against women, but also with cyber-bullying victimization in terms of body-shaming and revenge porn. Finally, it is relevant to consider how the use of gender stereotypes in advertising and media could lead to a distorted perception of gender roles, mostly based on outdated socio-cultural expectations of how men and women should behave and present themselves, that could be passed on to the next generations.

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