Psychosoziale Prozessbegleitung im Strafverfahren

2021 ◽  
Author(s):  
Alexander Ilsner
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
Civil Procedure ◽  
Legal Institution ◽  
Criminal Proceedings ◽  
Legal Innovation ◽  
The Law

The legal status of victims of violent criminality has been in the spotlight during recent decades. The institutionalization of psychosocial assistance in criminal proceedings represents the temporary peak of this development. In this study, the author focuses on the legal innovation, analyzes it fundamentally (especially regarding the recently formulated § 406g StPO), and submits specific reform proposals correspondingly. This research includes four systematically structured chapters, which impart the essential features of the legal institution, elucidate the legal framework, and finally appoint considerations regarding its transfer into the law of civil procedure.

scholarly journals USE OF SPECIAL KNOWLEDGE DURING THE EXAMINATION OF THE SCENE OF A CRIME IN THE ORDER OF PART 3 ART. 214 OF THE CRIMINAL PROCEDURE CODE OF UKRAINE

2021 ◽  
Vol 74 (1) ◽  
pp. 153-160
Author(s):  
Andrіy Shulha ◽  
◽  
Tetyana Khailova ◽  
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Knowledge And Skills ◽  
Procedural Law ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
Special Knowledge ◽  
The Law

The article deals with the problem of specialist’s participation in the scene examination, which is carried out before entering information into the Unified Register of the pre-trial investigations. The essence of the problem is that the current criminal procedural law of Ukraine recognizes the specialist’s participation only in the pre-trial investigation, the litigation and the proceedings in the case of the commission of an unlawful act under the law of Ukraine on criminal liability. Part 1 of Article 71 of the Criminal Procedure Code of Ukraine states that a specialist in criminal proceedings is a person who has special knowledge and skills and can provide advice and conclusions during the pre-trial investigation and trial on issues that require appropriate special knowledge and skills. In other cases, the specialist has no procedural status. In addition, Part 1 of Article 237 of the CPC of Ukraine «Examination» states that the examination is conducted to identify and record information on the circumstances of the offense commitment. It is an act provided by the law of Ukraine on criminal liability. However, there are the cases in the investigation, when a report is received, for example, about a person's death, other events with formal signs of the offense, which must first be checked for signs of a crime, and only then the act can be considered as offense. In this case, a specialist takes part in the scene examination. However, the current criminal procedure law in accordance with Part 1, Article 71 of the Criminal Procedure Code of Ukraine determines the legal status of a specialist only as the participant in criminal proceedings. The paragraph 10, part 1 of Article 3 of the Criminal Procedure Code of Ukraine defines the criminal proceedings as pre-trial investigation and court proceedings or procedural actions in the case of the commission of an unlawful act. Therefore, when the inspection of the scene is based on the uncertain status of the event (there is no clear information that the event contains signs of an offense), the specialist’s participation is not regulated by law. The authors propose to consider the specialists as «experienced persons» in cases mentioned above and to include their advices to the protocol of the scene examination, as the advices of other scene examination participants.

Medical innovation laws: an unnecessary innovation

2016 ◽  
Vol 40 (3) ◽  
pp. 282 ◽  
Author(s):  
Bernadette Richards
Keyword(s):  
Medical Treatment ◽  
Standard Of Care ◽  
Legal Framework ◽  
Policy Position ◽  
Medical Innovation ◽  
Legal Principles ◽  
Innovative Treatment ◽  
Legal Innovation ◽  
The Law ◽  
The Uk

Objective This paper aims to demonstrate that any suggestion that there is a need for specific innovation laws is flawed. Innovation is central to good medical practice and is adequately supported by current law. Methods The paper reviews the nature of medical innovation and outlines recent attempts in the UK to introduce specific laws aimed at ‘encouraging’ and ‘supporting’ innovation. The current legal framework is outlined and the role of the law in relation to medical innovation explored. Results The analysis demonstrates the cyclic relationship between medical advancement and the law and concludes that there is no requirement for specific innovation laws. Conclusions The law not only supports innovation and development in medical treatment but encourages it as central to a functioning medical system. There is no need to introduce specific laws aimed at medical innovation; to do so represents an unnecessary legal innovation and serves to complicate matters. What is known about the topic? Over recent months, there has been a great deal of discussion surrounding the law in the context of medical innovation. This was driven by the attempts in the UK to introduce specific laws in the Medical Innovation Bill. The general subject matter – negligence and the expected standard of care in the provision of treatment – is very well understood, but not in cases where the treatment can be described as innovative. The general rhetoric in both the UK and Australia around the Medical Innovation Bill demonstrates a lack of understanding of the position of the law with regards to innovative treatment. What does this paper add? This paper adds clarity to the debate. It presents the law and explains the manner in which the law can operate around innovative treatment. The paper asserts that medical innovation is both supported and encouraged by existing legal principles. What are the implications for practitioners? The paper presents an argument that can guide the policy position in this area. It also provides clarity around the legal position and expected standard of care for those who are introducing innovative medical treatment.

Underground Warfare and the Jus in Bello

2018 ◽  
Author(s):  
Daphné Richemond-Barak
Keyword(s):  
Conceptual Framework ◽  
International Law ◽  
Legal Status ◽  
Legal Framework ◽  
Laws Of War ◽  
Underground Structures ◽  
Jus In Bello ◽  
Broad Array ◽  
The Law

This chapter focuses on the laws of war, a legal framework applicable to a broad array of war-time tunnel-related issues, including their legal status, the type of weapons that may be used inside tunnels, and precautions that must be taken vis-à-vis civilians during anti-tunnel operations. This chapter argues that the law does not prohibit the use of tunnels and other underground structures in times of war. Underground warfare—in any of its many forms—does not amount to perfidy, which would have made it illegal under international law. Tunnels, however, often amount to military objectives and, as such, must be kept separate from civilians and civilian infrastructure. Ultimately this chapter demonstrates that, despite the law’s silence, underground warfare does raise unique issues under IHL. It also offers a conceptual framework for analyzing tunnels and assessing the legality of anti-tunnel operations in war.

scholarly journals LEGAL STATUS OF A FORENSIC EXPERT: TOPICAL REGULATORY ACTIVITY PROBLEMS

2020 ◽  
pp. 82-89
Author(s):  
S. Nesterenko ◽  
O. Stulov
Keyword(s):  
Legal Status ◽  
Criminal Proceedings ◽  
Scientific Publications ◽  
Legal Personality ◽  
Forensic Expertise ◽  
European Court ◽  
The Status ◽  
International Obligations ◽  
Forensic Expert ◽  
The Law

The article deals with the analysis of dissertation thesis and scientific publications in domestic and foreign editions, the concepts of “legal personality”, “legal status of a forensic expert”, “procedural status of a forensic expert”, their general and distinctive features. The authors propose to improve these concepts as well as the legislative consolidation of the status of a forensic expert in the new version of the Law of Ukraine “On Forensic Expertise”. The authors draw attention to the imperfection of regulation of the legal status of a forensic expert in the Law of Ukraine “On Forensic Expertise”, as well as to the unreasonable extension of the powers of a forensic expert by a subordinate normative legal act – the Instructions on the appointment and conduct of forensic examinations and expert studies, approved by order of the Ministry of Justice of Ukraine as of August 10, 1998 No. 53/5 (as amended by the order of the Ministry of Justice of December 26, 2012 No. 1950/5). As a result of the conducted research, the authors come to the conclusion that the issues of the status of a forensic expert need to be updated, as a participant in criminal proceedings, as well as draw attention to the lack of harmonization of domestic legislation in the field of forensic examination and procedural legislation. There is a need to adopt a new version of the Law of Ukraine “On Forensic Expertise”, considering all international obligations of Ukraine and the practice of the European Court of Human Rights.

scholarly journals Criminal proceedings in the case of death of the suspect or the accused

2021 ◽  
pp. 1-11
Author(s):  
Ol'ga Vladimirovna Anuchina
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Theoretical Background ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Theoretical Concepts ◽  
Dead Person ◽  
The Law ◽  
Optimal Approach

There’s a necessity to study criminal proceedings in the case of death of the accused or the suspect as a differentiated form. The purpose of the research is the development of the optimal approach to the understanding of the form of criminal proceedings in the case of death of the suspect or the accused. The research subject is the criteria of a special procedure in relation to the peculiarities of the criminal proceedings in the case of death of the suspect or the accused. The author considers the criteria of differentiation of a procedural form, the most significant for this research, with account of the provisions of the Law on Criminal Procedure, theoretical concepts, the legal position of the Constitutional Court of Russia, and the explanations of the Plenum of the Supreme Court of Russia regarding the proceedings against a dead person. The scientific novelty of the research is determined by the ongoing development of the theoretical background of criminal proceedings in the case of death of the accused or the suspect. Based on the analysis, the author formulates the conclusion that these proceedings should be classified as specific and enshrined in the law as a specific form of proceedings. The significant criteria of the proceedings against a dead person are: the purpose, the way of deciding on the criminal liability, the composition of legal relations, the requirements to their participants, the specific nature of criminal procedure, the socio-legal status of a justiciable person. The results of the research can be used for scientific and research purposes, and can be taken into account when preparing amendments to the Criminal Procedure Code of Russia related to criminal proceedings in the case of death of the suspect or the accused.

WAYS TO INCREASE PROSECUTOR'S SUPERVISION OF OPERATOR'S ACTIVITIES

2017 ◽  
Author(s):  
Alina Yurchenko ◽  
◽  
Sofiia Mostova ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Controversial Issues ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Compliance With The Law ◽  
Goals And Objectives

The article is devoted to certain aspects of the prosecutor's supervision over the observance of laws by the bodies carrying out operative-search activity. Issues and controversial issues of prosecutorial supervision over the activities of bodies engaged in operational and investigative activities are covered. An assessment of the effectiveness of the tasks and the adequacy of the work of the prosecutor's office. The level of compliance of the prosecutor's supervision over the observance of laws by operatives in the process of their operative-investigative activity to the Constitution and the laws of Ukraine was assessed. Proposals have been made to improve the effectiveness of prosecutorial oversight of compliance with the law by law enforcement agencies. Effective ways to increase the effectiveness of prosecutorial oversight have been sought. The views and works of scientists concerning the problems of prosecutorial supervision over operational and investigative activities are considered. The range of subjects that, within the limits of their powers, have a corresponding influence on the activity of pre-trial investigation bodies, the legal status of persons involved in the sphere of criminal proceedings, on the pre-trial investigation as a whole has been determined. Some aspects of prosecutorial supervision over the activity of bodies carrying out operative-search activity are depicted. The procedure for appointing prosecutors, as well as the goals and objectives set for them, have been studied. The grounds for conducting prosecutorial inspections, types of inspections of compliance with the requirements of the legislation on operational and investigative activities are considered. The supervisory functions performed by the prosecutor's office in other countries are compared with those performed in Ukraine. The criteria for assessing the prosecutor's supervision over compliance with the law during the implementation of operational units and the conduct of covert operation of operational and investigative activities are defined. The risks associated with the work of the prosecutor's office and operational units, which may arise at all stages of operational and investigative activities and covert work of Ukraine, have been identified. Other reasons for prosecutorial oversight are mentioned, which today prevent prosecutors from really influencing the quality of the investigation.

scholarly journals ORGANIZATIONAL AND LEGAL PRINCIPLES OF PROBATION FUNCTIONING IN UKRAINE: CONCEPTUAL INNOVATIONS

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Inna A. Hamburh ◽  
Keyword(s):  
State Institution ◽  
Legal Framework ◽  
The State ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Major Step ◽  
The Status ◽  
Probation Service ◽  
The Law ◽  
Human Rights Standards

The article is devoted to the definition of innovations in scientific approaches and legal regulations on the organizational and legal framework for the functioning of probation in Ukraine, taking into account international experience and national specifics, the formulation of proposals for further development. It is established that with the help of European projects that contribute to the implementation of an effective probation system in Ukraine, our country is on the way to building its own perfect model of probation service as a major step towards global human rights standards. In addressing the issue of priority, turning criminals into law-abiding citizens or protecting society from recidivism, it seems to be a search for a balance (for example, between considering probation as a form of social work with criminals and as a form of alternative punishment). It is determined that the most optimal organization is the system enshrined in the Law of Ukraine �On Probation�, according to which the probation body is directly subordinated to the State Institution �Probation Center�. The probation body is formed by the Ministry of Justice of Ukraine in the administrative-territorial units of Ukraine to ensure the implementation of the tasks of the State Penitentiary Service of Ukraine. The activities of the Probation Center are directed and coordinated by the Deputy Ministry of Justice of Ukraine in accordance with the division of responsibilities. However, there are many inconsistencies and inaccuracies in the law. Therefore, a prerequisite for the effective operation of the probation service in Ukraine and the achievement of its goals is the following: first, amendments to the current law and adjustment or complete change of regulations, directly instructions governing the activities of the penitentiary inspections; secondly, the continuation of the holding. It is concluded that from the organizational and legal point of view, probation bodies should acquire the status of bodies that receive unlimited influence on a person, from the moment of initiating criminal proceedings to deciding the further fate of the convict during his execution and after release. Such an approach extends criminal enforcement activities far beyond criminal enforcement relationships, in fact trying to link their emergence with legal facts that are the basis for the existence of relations of a completely different type and nature. This, it seems, corresponds to the path chosen by Ukraine to build a legal, democratic, social state.

scholarly journals Modification of the legal basis of the activity of religious orders in Poland introduced by the communist authorities in 1949

2014 ◽  
Vol 17 ◽  
pp. 193-208
Author(s):  
Marta Ordon
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
The State ◽  
Communist Regime ◽  
Complete Disappearance ◽  
Religious Orders ◽  
National Unity ◽  
Legal Context ◽  
The Law ◽  
Post War

This study casts light on the circumstances and effects of changes to the legal acts defining the legal framework of the activities of religious orders in post-war Poland. Until 1949, religious orders had not been covered by the regulations on the creation and legalization of secular associations. Pursuant to the decree of 5 August 1949, however, they were obligated to comply with the provisions of the Law on Associations. Failure to apply for the registration resulted in the dissolution of the order and the forfeiture of its assets by the state. Still, despite the submission of the applications as provided by law, the authorities refused to registered orders and did not maintain an official register of such entities, either. In point of fact, the communist regime only intended to develop such a legal context in which the law might be used as a tool of repression against religious orders. The actual aim of the 1949 amendment was not the intent to clarify the legal status of religious orders, which remained uncertain in the aftermath of the Resolution of the Provisional Government of National Unity of 12 September 1945 invalidating the 1925 Concordat. The authorities only intended to establish a strict state control over religious organizations and, by extension, gradually reduce their activity until their complete disappearance from public life. The content relies primarily on the analysis of the legislation and archival material gathered in the state and ecclesiastical archives in Poland.

Civil-Legal Protection of Copyright and Related Rights in Kosovo

2016 ◽  
Vol 1 (4) ◽  
pp. 184
Author(s):  
Burim Tahiri
Keyword(s):  
Legal Protection ◽  
Scientific Paper ◽  
Legal Framework ◽  
Causal Link ◽  
Civil Procedure ◽  
Regulatory Framework ◽  
Special Importance ◽  
Social Phenomenon ◽  
The Law ◽  
To Come

Copyright is a subjective right of absolute character that has a special importance for dignitary. Bearing in mind the fact this right and other related rights are being violated constantly in different ways, there have been attempts in establishing a regulatory framework which guarantees the protection of this right. It is worth emphasizing that protection of this right and other related rights can be done in various ways such as: civil-legal protection, criminal-legal, administrative-legal, international legal and protection through arbitration. Active legitimacy to initiate procedure for civil-legal protection of copyright and related rights has the author or the winner of exclusive authorizations. The initiation of this procedure is done through a lawsuit under civil procedure rules and the Law on Copyright and Related Rights. However to get to this first it has to come to violation of copyright or related rights. It must be emphasized that legal framework in Kosovo determined cases which constitute the violation of copyright and related rights. Concerning this, under the Law on Copyright and Related Rights it has been specified that as violation shall be considered the use of any copyright without permission of the author. Thus, for instance in Kosovo and in many other countries piracy is a social phenomenon that violation reaches that degree sometimes is created the impression that user does these actions on a regular basis. In Kosovo is not in favor of these trends the lack of legal framework providing protection of copyright and related rights, but inaction of particular state segments in order to exercise proper supervision for implementation of legal framework in protection of those rights. By having this in mind, is noticed clearly the importance of protection copyright and related rights. Consequently it should come to the fulfillment regarding terms protection in order to ensure civil legal protection of copyright and related rights. Concerning this it could be said that initially must be ascertained the violation of copyright. In the following in order to be established the liability of offender it is necessary to prove the culpability or culpable action of user of copyright. Also is very essential the causal link between undertaken action and caused consequence respectively infliction of damage to author or holder of that right. Therefore, in order to be established the liability of particular subject for violation of copyright and related rights is necessary to be fulfilled the abovementioned conditions in a cumulative manner, which shall be handled separately in the following of this scientific paper.

On the edges of the law: sex workers’ legal consciousness in England

2019 ◽  
Vol 15 (03) ◽  
pp. 327-343
Author(s):  
Eva Klambauer
Keyword(s):  
Social Status ◽  
Sex Workers ◽  
Legal Status ◽  
Qualitative Interviews ◽  
Legal Framework ◽  
Legal Consciousness ◽  
Sex Industry ◽  
State Involvement ◽  
The Law ◽  
Indoor And Outdoor

AbstractIn England, sex workers are placed at the edges of the law. How the social and legal status of sex workers impacts on their perception of and interaction with the law in a semi-legal setting has not yet been explored. Drawing on fifty-two qualitative interviews with indoor and outdoor sex workers in England, this study investigates their disposition to the law, legality and the state. The commonalities and discrepancies between the experiences of indoor and outdoor sex workers reveal the influence of the combination of legal framework and social status on sex workers’ legal consciousness. This study finds that, even in a setting of semi-legality, sex workers attempt to avoid contact with state authorities. However, this aversion to the current law does not prevent them from making claims for legal change. Surprisingly, indoor and outdoor sex workers hold opposing views on the appropriate level of regulation and state involvement in the sex industry. Remarkably, although outdoor sex workers have more negative experiences with arbitrators of the law, they desire the law's protection. In contrast, indoor sex workers’ main grievance is for sex work to be a legitimate industry that can operate with only minimal state control. These differences in outdoor and indoor workers’ legal claims are explicable by sharp cleavages in social status, vulnerability and degree of criminalisation. These findings demonstrate that intra-group differences in the legal consciousness of marginalised groups are key to understanding the role of social and legal status in shaping legal claims.

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