scholarly journals Reseña a la obra del profesor SÁNCHEZ GÓMEZ, R. "El derecho de defensa en la investigación de los delitos de terrorismo", Thomson Reuters Arazandi, Pamplona 2017, 297 págs.

2020 ◽  
pp. 615
Author(s):  
José Mª Contreras Mazarío
Keyword(s):  
Criminal Justice ◽  
Detailed Analysis ◽  
Legal Status ◽  
Fundamental Rights ◽  
Technological Research ◽  
Thomson Reuters ◽  
Procedural Code ◽  
The Right

La obra comentada desarrolla el estatuto jurídico básico aplicable a los detenidos por causa de terrorismo, realizándose un recorrido desde la aplicación de la Ley Orgánica 4/1988, de 25 de mayo, de reforma de la LECrim hasta la Ley Orgánica 13/2015, de 5 de octubre, de modificación de la LECrim para el fortalecimiento de las garantías procesales y la regulación de las medidas de investigación tecnológica y la Ley 41/2015, de 5 de octubre, de modificación de la LECrim para la agilización de la justicia penal y el fortalecimiento de las garantías procesales. Tras un pormenorizado análisis del derecho de defensa, se pone en relación éste con la suspensión de derechos fundamentales prevista en el artículo 55.2 de la CE a partir de su correspondiente desarrollo orgánico.The work develops the basic legal status applicable to detainees due to terrorism, analyzed from the application of the Organic Law 4/1988 of May 25, that modifies Criminal Procedural Code to Organic Law 13/2015, of October 5 that modifies Criminal Procedural Code regarding the strengthen of procedural guarantees and regulates technological research measures and Law 41/2015, of  October 5, that modifies Criminal Procedural Code to streamline criminal justice and to strengthen procedural guarantees. After a detailed analysis of the right of defense, it is related to the suspension of fundamental rights provided by art. 55.2 CE and its corresponding organic development.

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals PELAKSANAAN PENYIDIKAN TERHADAP ANAK YANG TERLIBAT DALAM TRANSAKSI NARKOTIKA

2020 ◽  
Vol 5 (2) ◽  
pp. 275
Author(s):  
Ana Ramadhona
Keyword(s):  
Criminal Justice ◽  
Drug Use ◽  
Justice System ◽  
Secondary Data ◽  
Primary Data ◽  
National Society ◽  
Legal Counsel ◽  
Case File ◽  
Procedural Code ◽  
The Right

One crime that often occurs in Indonesia is drug use. Protection of children in a national society is a benchmark of the nation's civilization, so it must be pursued in accordance with the abilities of the  nation. The study was conducted by using an empirical juridical approach. The data used are primary data obtained by interview and secondary data obtained through literature studies. The results of the study are described as follows: As for the implementation of investigations against children involved in narcotics transactions in the jurisdiction of Payakumbuh Police conducted by investigators basically in accordance with the Criminal Procedural Code and Law Number 11 Year 2012 Concerning the Criminal Justice System that applies even though in its implementation it has not maximize due to some limitations. The rights granted to child as suspects are also given in the form of rights avoided from acts of violence, accompanied by legal counsel and social guidance, the right to express opinions, views freely, receive care and welfare, and the right to be treated equally, Obstacles arising in investigations of children involved in Narcotics transactions in the Payakumbuh Police jurisdiction, including the time to detain children is very limited, namely seven days and can be extended eight days so that investigators must be extra fast to be able to complete the case file, should conduct an examination at the BPOM Padang laboratory. It must be also delivered and picked up by investigators and wait for the results of BAPAS research on the child concerned, and the absence of special investigators for children.

scholarly journals The Protection of the Fundamental Rights of the Child in the Light of the African Charter on the Rights and Welfare of the Child

2018 ◽  
pp. 175-184
Author(s):  
Boubacar Sidi Diallo
Keyword(s):  
Legal Status ◽  
Fundamental Rights ◽  
Protection Mechanism ◽  
United Nations General ◽  
Optional Protocol ◽  
Rights Of The Child ◽  
Welfare Of The Child ◽  
African Charter ◽  
The Right ◽  
Judicial Protection

The adoption of a binding international treaty on the rights of the child is presented by practitioners and researchers as a “revolution”, marking the transition from the legal status of the child as a subject of the right, to a full actor of rights protection. For the fundamental rights of the child not to remain merely theoretical, but to become concrete and meaningful, it is important to provide them with effective judicial protection. This issue is more than ever topical, with the adoption by the United Nations General Assembly of the Optional Protocol to the Convention on the Rights of the Child establishing a procedure for the submission of communications, which entered into force on 14 April 2014. This new Optional Protocol gives children the right to appeal to the Committee on the Rights of the Child when the rights protected by the Convention and its firsttwo protocols are violated. The purpose of this brief study is to analyze the African Charter on the Rights and Welfare of the Child (African Charter), adopted in 1990, which is the firstregional legal text for children specificallyand as such unique, since no other region in the world has so far developed such a protection mechanism.

Busy Defendants and Phantom Trials

2016 ◽  
Vol 19 (4) ◽  
pp. 473-543
Author(s):  
Johanna Göhler
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
Criminal Court ◽  
Fundamental Rights ◽  
Political Crisis ◽  
International Criminal Justice ◽  
The Right ◽  
Heads Of State ◽  
Comprehensive Framework ◽  
New Framework

A defendant’s continuous attendance at a trial before the International Criminal Court has long been purported to be her absolute obligation and an irrevocable principle of international criminal justice. Yet, when the first prosecution of sitting heads of state caused the most serious political crisis ever faced by the Court, its legislative body recently decided to arbitrarily relax this obligation in order to accommodate the special needs of elite defendants. Whereas proponents of this reform claim that it was practically unavoidable to prevent a collapse of the ICC, opponents insist that it sacrificed justice for politics. As this article shows, both sides to the debate neglect the elephant in the room, however: the long-purported obligation of the defendant to attend the trial is in fact illegitimate. To establish this conclusion, the article demonstrates that defendants before the ICC enjoy the right to be absent from trials and can only be obliged to attend specific hearings. Building on this analysis, the article presents a novel comprehensive framework for regulating the attendance requirement. The proposed new framework strengthens the international criminal justice system’s recognition of fundamental rights, upholds the objectives of the ICC, and mitigates the most serious challenges faced by the Court.

scholarly journals Arrest of Property in Bankruptcy Cases

2019 ◽  
pp. 93-102
Author(s):  
Oleksandr Biryukov
Keyword(s):  
Legal Status ◽  
Bankruptcy Law ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Legal Remedy ◽  
Procedural Code ◽  
Court Proceedings ◽  
The Right ◽  
Court Practice

This article focuses on the analysis of certain aspects of the application of security measures in liquidation procedure governed by Bankruptcy Law. Arrest of property (according to Ukrainian legislation terminology — a seizure of property) as a temporary tool of enforcing future court decisions is a fairly popular legal tool to protect the parties’ property interests in money disputes. In modern court practice application of this legal remedy creates some difficulties, particularly, in bankruptcy cases. When administering these cases, the judges sometimes consider petitions regarding imposing arrests of property or freeing restrictions over the property imposed in civil, administrative and criminal cases. In such situations, there is a need to answer a question whether the commercial court in a bankruptcy case has a power to free arrests or other restrictions on using the property imposed by other courts. Current legislation i.e. both procedural law and bankruptcy law does not contain clear rules on how the judges should aсt in such situations. Different approaches to the application of bankruptcy proceedings regarding arrest of property influence the court practice in general. Some economic courts establish that the release of the debtor’s assets from bans and arrests during the bankruptcy proceeding is totally in accordance with the current law, other courts rule that commercial procedural code does not allow to free property from arrest imposed, for example, in civil cases as this arrest is done by civil procedural law. Arrests attached in the criminal proceedings have different nature and purpose. It is known that in most cases in the criminal law property arrest serves as means to ensure possible future confiscation of property that may have been obtained in an illegal way. During such court proceedings a special review is conducted in order to discover whether property in acquired legally. Therefore, in order to cancel arrest of the property the procedure should be exercised in accordance with the rules of the criminal proceedings. However, while imposing new arrests of property in criminal proceedings it should be taken into account that the legal status of a person who was declared bankrupt has changed, i.e. he is deprived of the right to dispose the property which becomes a subject for sale at public tenders. The main conclusion of this article is that existence of certain different approaches to application of security measures in different court proceedings can be explained by the fact that during the development of procedural laws the nature of insolvency relations and the peculiarities of the legal mechanisms used in bankruptcy cases were not fully taken into account.

scholarly journals Human rights and women's reproductive health in the countries of Latin America

2021 ◽  
Vol 25 (1) ◽  
pp. 164-178
Author(s):  
Gular A. Mustafa
Keyword(s):  
Latin American ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Termination Of Pregnancy ◽  
Fundamental Rights ◽  
Scientific Methods ◽  
Special Scientific ◽  
The Right ◽  
Latin American Countries

The problem of induced termination of pregnancy has been a burning issue for mankind for centuries. An analysis of doctrine and legislation demonstrates that there is no consensus on this issue. The problem of induced termination of pregnancy is defined by ethical, religious, medical, social and legal aspects, which is also associated with the uncertainty of the legal status of the embryo. The aim of the study is to analyze the legislation of Latin American countries regarding the legal regulation of abortion, in order to verify its compliance with the fundamental rights - the right to life, the right to health and the right to inviolability. Special scientific methods were used in the research: comparative law, legal and technical methods. The relevance of the problem stems from the need to solve the controversial issue of legalization of artificial termination of pregnancy. The existence of disagreement lies in the lack of a unified approach in seeking to resolve this situation.

THE RIGHT TO BE FORGOTTEN IN THE PRACTICE OF THE CONSTITUTIONAL JUSTICE BODIES OF THE RUSSIAN FEDERATION AND THE FEDERAL REPUBLIC OF GERMANY

2020 ◽  
Vol 6 (3) ◽  
pp. 170-187
Author(s):  
Evgeniya V. GERASIMOVA
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
Legal Method ◽  
Right To Be Forgotten ◽  
Federal Constitutional ◽  
Constitutional Justice ◽  
The Right

The development of digital technologies affects the legal status of an individual. The task of constitutional justice is the constitutional interpretation of new legal phenomena such as the right to be forgotten. This article aims to analyze the right to be forgotten in the decisions of the Russian Constitutional Court and German Constitutional Court in a comparative aspect. The research methodology is primarily a dialectical method. This method helps the author to identify the content of the right to be forgotten, as well as to determine its role in relation to other constitutionally significant values. The comparative legal method is of particular importance for achieving the objectives of the research and helps to highlight the general and specific in the approaches of the courts to the concept of this right. This approach distinguishes the novelty of this research in comparison with other papers. The use of the dialectical and comparative legal research methods allows drawing the following conclusions. The distinctive feature of the right to be forgotten is its dualistic nature. On the one hand, this is a civil right associated with the right to privacy; on the other, it acts as a way to protect other constitutional rights (for example, the dignity of the individual). This right is not absolute. Some information may be of public interest. To resolve the issue of the prevailing constitutionally significant value in a particular case, the Russian Constitutional Court suggests using the method of finding a balance. The Federal Constitutional Court of Germany emphasized that the right to free personal development and dignity sometimes prevails over freedom of information, especially considering the time factor in the case, as well as the degree of harm caused to a person by links to information posted on the Internet. The German Federal Constitutional Court, characterizing the legal relationship regarding the exercise of the right to be forgotten, highlights that this is a relationship between private subjects with fundamental rights, and refers to the concept of the horizontal effect of fundamental rights (“mittelbare Drittwirkung”) developed in German constitutional law. This article concludes that the decisions of the Russian Constitutional Court and the Federal Constitutional Court of Germany on the right to be forgotten are the guidelines for other courts, as well as the legislator for further improving legal regulation. Taking into account the development of information technologies, the author believes that the constitutional courts will more than once turn to the digital aspects of the legal status of an individual and, in particular, the concept of the right to be forgotten.

scholarly journals APPROPRIATE PROCEDURE FOR OBTAINING EVIDENCE IN THE CRIMINAL PROCESS OF UKRAINE THROUGH THE PRISM OF COURT DECISIONS

2021 ◽  
Vol 13 (3) ◽  
pp. 134-140
Author(s):  
Anna-Mariia Anheleniuk ◽  
Keyword(s):  
Legal Status ◽  
Correct Choice ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Systematic Analysis ◽  
Voluntary Consent ◽  
Procedural Code ◽  
The Right ◽  
Evaluation Of Evidence

Recently in Ukraine, the methods of obtaining evidence during the pre-trial investigation have to to be improved, both in terms of their normative consolidation and the practice of application. Ways to improve criminal procedural activity should be planned taking into consideration the analysis of judicial practice, in particular the analysis of the evaluation of evidence in court for their relevance and admissibility. The purpose of the work is to improve the receipt of evidence in the criminal process of Ukraine in an appropriate manner, which will be a guarantee of their admissibility in court. The following methods were used: comparative – legal – to compare normative – legal regulations and court decisions relating to the recognition of evidence as appropriate and admissible in a particular criminal proceeding; formal-legal – to determine the decisions of the court concerning the evaluation of evidence in criminal proceedings; methods of logical and systematic analysis – to develop an effective proposal to improve the methods of obtaining evidence during the pre-trial investigation in Ukraine. Results. It is proposed to apply rapid tests to determine the drug substance during the detention of a person. In addition, it is proposed to ammend to Part 1 of Art. 233 of the Criminal Procedural Code of Ukraine, which regulates the right to break into the house or other property of a person with the voluntary consent of the person who owns them. It is proposed to consolidate the legal status of such a consent in order to avoid ambiguity of interpretation of the concept of voluntariness in court, in particular voluntary consent should be written in the form of a statement by the person himself with the obligatory indication of the relevant object of penetration. Conclusions. The appropriate method of obtaining evidence involves compliance with the procedural order of investigative (interrogative) or procedural actions. An indication of the proper way to obtain evidence is the correct choice of a specific action or a set of actions necessary for a quality investigation of criminal proceedings.

scholarly journals The prerogative writs - indian perspective

2021 ◽  
pp. 44-54
Author(s):  
HARSH PATHAK
Keyword(s):  
Legal Status ◽  
Fundamental Rights ◽  
Habeas Corpus ◽  
Natural Justice ◽  
Administrative Action ◽  
Legal Limits ◽  
Application Procedure ◽  
The Right ◽  
Indian Perspective ◽  
Administrative Actions

The Constitution of India broadly provides for five kinds of “prerogative” writs: habeas corpus, certiorari, mandamus, quo warranto and prohibition. This study presents their legal status, namely their application, procedure and grounds for their application. The study concludes that, in India, the rule of law is supreme and judiciary has the right to interfere whenever there is deviation from this supremacy. The judiciary shall ensure that all administrative actions comply with legal limits and consider administrative measures to assess whether the authority has exercised powers, the authority misused or exceeded its powers, the authority committed an error of law, the authority violated principles of impartiality of the judiciary, the authority has violated the fundamental rights of individuals. The Judiciary stands to ensure that all administrative actions are confined to the limits of the law and examines administrative action to assess whether the authority has exercised its powers, whether the authority has abused or exceeded its powers, whether the authority has committed an error of law, whether the authority has violated the principles of natural justice, whether the authority has infringed the fundamental rights of persons.

scholarly journals Protection of Prisoner’s Human Rights in Prisons through the Guidelines of Rule of Law

2016 ◽  
Vol 10 (1) ◽  
pp. 71
Author(s):  
Ebad Rouhi ◽  
Leila Raisi Dezaki ◽  
Mahmoud Jalali Karveh
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Rule Of Law ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Educational Management ◽  
The Rule Of Law ◽  
Prison Management ◽  
Fundamental Rights And Freedoms ◽  
The Right

Punishing the criminals is one of the criminal justice mechanisms to compensation and reparation for victims and society. In this regards some of the punishments are determined by criminal justice systems in every society. Imprisonment is one of these penalties which specified in this regard and through this punishment the convicted persons are detained in prison. However, the guilty is sentenced to prison and restriction of his or her liberties, but she or he has fundamental rights and freedoms that must be protected even if in prison and has the right to how to be punished. All of these rights and freedoms are protected by the rule of law. This issue means that how to be punished is restricted under the definite principles which have to be exercised when the retribution and punishment is ongoing. This matter of criminal law and criminal justice is considered as right on how to be punished. The area of this right and authority of prison’s heads and its personnel is determined by law. In order to do that and protection of prisoner’s human rights and regulating manner with them and also for prison management, the rule of law provided a set of guidelines. According to these guidelines prison is managed in the legal framework as well as in this context the prisoner’s rights are protected effectively. These guidelines are provided in some of international legal instruments. This article investigates these guidelines and in respect of their human rights aspects which related to the environmental, educational, management, health care, personnel and humanistic dimensions of imprisonment these guidelines and instructions are studied and analyzed.

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