scholarly journals La Fiscalía española ¿Debe ser una institución independiente?

2018 ◽  
pp. 157
Author(s):  
Juan Luis Gómez Colomer
Keyword(s):  
Criminal Procedure ◽  
Criminal Investigation ◽  
Public Prosecution ◽  
The Public ◽  
Adversarial System ◽  
Public Prosecution Service ◽  
The Government ◽  
Adversarial Model ◽  
Do So

El Ministerio Fiscal español tiene ante todo un problema de identidad orgánica. Se desea que sea independiente del Gobierno, pero las normas confirman una cierta dependencia. El Ministerio Fiscal debe ser dependiente del Gobierno si se consuma la reforma hacia un modelo adversarial de enjuiciamiento criminal, porque ésa es la naturaleza que mejor cuadra con dicho sistema, en donde el acusado sabe que enfrente tiene a la Administración, que, cumpliendo con su deber público, le exige con todo su poder responsabilidad por sus actos. Hasta que se produzca el cambio, es mejor dejar las cosas como están. El Ministerio Fiscal no debe instruir el proceso penal ni dirigir la investigación del crimen mientras no tengamos el antedicho sistema adversarial vigente en España. Sería constitucional si lo hiciera, pero no está probado que esté preparado para hacerlo, y probablemente, a pesar de declaraciones oficiales, no desee asumir ahora esa responsabilidad. Con las normas y la práctica actual, correría el peligro de ser visualizado en los casos más importantes como un órgano no objetivo.The Spanish Public Prosecution Service has, foremost, a problem of organic identity. It is believed that it should be independent from the Government, but the laws confirm some degree of dependence. The Public Prosecution should depend on the Government if the reform toward an adversarial model of criminal procedure is pursued, because that is the nature that best fits a system in which the defendant knows he is facing an Administration that, fulfilling its public duty, is demanding with all its powers that he takes responsibility for his actions. Until the change is produced, it is better to leave things as they are. The Public Prosecution Service should not direct the criminal investigation while the foresaid adversarial system in not in force in Spain. If it did, it would be constitutional, but it has not been demonstrated that it is ready to do so and, probably, in spite of official declarations, the Public Prosecution does not want now to assume that responsibility. With the current laws and practices, the Prosecution Service would be in danger of being taken as a non-objective organ in the most important cases.

Lord Dufferin and the Indian National Congress, 1885–1888

1967 ◽  
Vol 7 (1) ◽  
pp. 68-96 ◽  
Author(s):  
Briton Martin
Keyword(s):  
Indian Society ◽  
Public Employment ◽  
The Public ◽  
Critical Questions ◽  
New Class ◽  
British Rule ◽  
Growing Body ◽  
National Congress ◽  
The Government ◽  
Do So

In the spring of 1884 shortly before his viceroyalty came to an end, Lord Ripon wrote in an urgent manner to Lord Kimberley, then Secretary of State for India, about one of the more critical questions of policy confronting the Government of India: “You may rely upon it that there are few Indian questions of greater importance in the present day than those which relate to the mode in which we are to deal with the growing body of Natives educated by ourselves in Western learning and Western ideas.” Ripon was pointing to the existence of a new class of English-educated Indians within British-Indian society and to the failure of the Government of India to acknowledge this class and to absorb its talents and influence within the structure of British-Indian administration. That this problem begged for a realistic solution by 1884 and that it would continue to do so in the years ahead, he had no doubts whatsoever; it had been left too long to fester in a mode both damaging to the class itself and dangerous to British rule. In short, the English-educated Indian class had become a question of policy.Simply stated, as the opportunities for Western collegiate education expanded and the avenues leading towards entry into the East India Company's service became available, the doors either failed to open or were placed out of the reach of the educated Indians seeking entry. By 1850, with the new class in existence in limited numbers in Calcutta, Bombay, Madras, and Delhi and with additional graduates appearing annually to swell its ranks, frustrations began to emerge as the graduates found themselves unable to secure the public employment which the Charter Act of 1833 had implied was to be their just right.

Islamic Governance: Strategies for Relevance

2016 ◽  
Vol 2 ◽  
Author(s):  
Mei Chee Yung
Keyword(s):  
International Community ◽  
The Public ◽  
The Core ◽  
Brunei Darussalam ◽  
Agents Of Change ◽  
Governance Strategies ◽  
The Government ◽  
Functional Relevance ◽  
Common Understanding ◽  
Do So

Even though Islam is the official religion of Brunei Darussalam, more efforts are still needed to bolster functionality and relevance of Islam to the country, and implement an Islamic system of governance. This paper sets out to devise strategies in order to do so, to be implemented by three main stakeholders: Government civil service, the public and the international community. Five specific strategies are devised: formulate a single common understanding of Islamic governance; ensure commitment from top management; train and develop competence; engage the public; and engage the international community. The first three strategies relate to the Government, the fourth to the public, and the fifth to the international community. And at the core, of course, is Tauḥīd, or strong Faith, which would act as a guide to help individuals, the main agents of change, make appropriate decisions in accordance to the teachings of Islam, implement the five strategies to strengthen functional relevance of Islam in Brunei, and be able to work towards achieving the Maqāṣid of the Sharī’ah.

Cassatieberoepen tegen criminele vonnissen en arresten in het Leiedepartement, 1796-1813

2020 ◽  
Vol 88 (1-2) ◽  
pp. 179-210
Author(s):  
J. Monballyu
Keyword(s):  
Criminal Court ◽  
Criminal Proceedings ◽  
Public Prosecution ◽  
The Public ◽  
Public Prosecution Service

Summary In the department of the Lys, the cassation appeal against criminal judgments was introduced in 1796 and could be made by both the criminal convicts and the Public Prosecution Service. The first cassation appeal was lodged on 5 May 1796 and the last on 18 December 1813. In total, 187 (24%) of the 779 criminal judgments were appealed in cassation, in 172 cases by 319 criminal convicts and in 15 cases by the Public Prosecution Service. Of those 187 cassation appeals, 167 (89.3%) were rejected and 20 (10.7%) were accepted. In the latter cases, this led to the annulment of the contested judgment and, in most cases, the criminal proceedings were (partially) repeated for an equivalent, nearby criminal court.

The space for strategic manoeuvring in adjudicating a freedom of speech case in the Netherlands

2017 ◽  
Vol 6 (2) ◽  
pp. 105-136 ◽  
Author(s):  
Henrike Jansen
Keyword(s):  
Freedom Of Speech ◽  
Case Law ◽  
District Court ◽  
Activity Type ◽  
Strategic Manoeuvring ◽  
Public Prosecution ◽  
Legal Rules ◽  
The Public ◽  
Court Of Appeal ◽  
Do So

Abstract In this article it is shown that the institutional preconditions of the activity type adjudicating a freedom of speech case leave much room for strategic manoeuvring with topical selection. To this end, an analysis is presented of the argumentation of the District Court in a case against the Dutch anti-immigration politician Geert Wilders. In order to show the space for manoeuvring, this argumentation, resulting in acquittal, is compared with the argumentation put forward by the Court of Appeal, which had ordered, after the Public Prosecution Service’s refusal to do so, that Wilders be prosecuted. The analysis shows that the District Court made ample use of the space for manoeuvring provided at the normative level concerning the interpretation of legal rules and case law, and the space provided at the factual level of classifying the contested facts in light of the previously identified meaning of a rule.

scholarly journals Pelaksanaan Pembuktian Dalam Tindak Pidana Terorisme

JURNAL BELO ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 145-157
Author(s):  
Juanrico Alfaromona Sumarezs Titahelu
Keyword(s):  
Human Rights ◽  
Government Regulation ◽  
Criminal Procedure ◽  
The Public ◽  
The Past ◽  
Procedure Code ◽  
The Government ◽  
Higher Law

Over the past few years these crimes have been growing more rapidly and disturbing the public. In the criminal acts of terrorism have become increasingly destructive form of crime with global scope. The Government has issued Government Regulation (decree) No. 1 of 2002 on Combating Criminal Acts of Terrorism. Then on April 4, 2003 decree that legalized as Law No. 15 Year 2003 on Eradication of Terrorism. But in reality proving criminal acts of terrorism is still a lot that is not in accordance with the existing rules, which means that there are many deviations that occur in the process of proving the criminal act of terrorism. Proving that in many criminal acts of terrorism against the rules of the higher law (Criminal Procedure Code) in comparison with the criminal act of terrorism law itself (Law No.15 of 2003). So that there are obstacles in proving the crime of terrorism is one of the Human Rights in value has been violating basic human

scholarly journals Konstytucyjne aspekty procesu karnego w działalności Rzecznika Praw Obywatelskich

2021 ◽  
Vol 28 (2) ◽  
pp. 205-211
Author(s):  
Stanisław Trociuk
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Point Of View ◽  
Final Decision ◽  
Criminal Cases ◽  
Public Prosecution ◽  
The Public ◽  
Protection Of Human Rights ◽  
The Individual

The changes in the broadly conceived criminal procedure which were introduced in recent years refer to the problems which are crucial from the perspective of the protection of human rights, such as the scope of the authority of the services due to operational control which is conducted secretly, the model of the functioning of the public prosecution service or the unlawful acquiring of evidence in a criminal procedure. The evaluation of these changes, conducted by the Ombudsman from the point of view of the constitutional standards of the protection of the rights of the individual is not positive. The new regulations reduce the quality of these standards and they do not contain sufficient guarantees of protection against the arbitrariness of the activities engaged in these terms by the organs of public authority. This phenomenon imposes a particular duty on the courts – which hear criminal cases – to see that the final decision in a criminal case respects the universal standards of the protection of human rights.

La mediación penal en las proyectadas reformas integrales del proceso penal español

2014 ◽  
pp. 1303-1325
Author(s):  
José Francisco ETXEBERRIA GURIDI
Keyword(s):  
Criminal Procedure ◽  
Legal Order ◽  
Public Prosecution ◽  
The Public ◽  
International Obligations

LABURPENA: Bitartekotza Penala sartu beharra dago Espainiako ordenamenduan. Hala agintzen dute nazioarteko obligazioek. Espainiako prozesu penalaren erreforma integralerako proposamenak aurkeztu dira (2011n eta 2012an), eta haietan bitartekotza penala sartzeko aprobetxatu da. Ezinezkoa edo oso zaila da, baina, haiek gauzatzea. Bitartekotza penalaren hainbat alderdi aztertu behar dira hura eraginkorra izan dadin (aukera-printzipioa, egintza penala etetea, herri-akusazioa mugatzea, etab.), eta erreforma-proposamenetan nahikoa landu ez diren beste asko argitu behar dira (aplikazio-esparrua, adostasun-araubidea, etab.). RESUMEN: Urge incorporar la mediación penal en el ordenamiento español. La misma está impuesta por obligaciones internacionales. Se han presentado propuestas de reforma integral del proceso penal español (en 2011 y en 2012) y se ha aprovechado para incorporar la mediación penal en ellas. Pero es imposible o poco probable que las mismas vean la luz. Urge abordar cuestiones procesales vinculadas a la mediación penal para asegurar o favorecer su efectividad (principio de oportunidad, interrupción de la acción penal, limitación de la acusación popular, etc.) y esclarecer otras muchas que no son tratadas suficientemente en las propuestas de reforma (ámbito de aplicación, régimen de la conformidad, etc.). ABSTRACT: It is increasingly urgent to incorporate the criminal mediation to the Spanish legal order. It is imposed by international obligations. Some proposals of integral reform of the Spanish criminal procedure have been advanced (in 2011 and in 2012) and has been used to incorporate the criminal mediation to them. But it is impossible or not very likely that they see the light. It is urgent to tackle procedural issues linked to the criminal mediation in order to guarantee or favor its effectiveness (principle of opportunity, stay of the criminal action, limitation of the public prosecution, etc.) and untangle other many that are sufficiently addressed in the proposals of refor (field of application, regime of conformity, etc.).

Public Prosecutors in Criminal Investigations

2021 ◽  
pp. 2-34
Author(s):  
Stefano Ruggeri
Keyword(s):  
Criminal Justice ◽  
Dominant Role ◽  
New Technology ◽  
Fundamental Rights ◽  
Criminal Investigation ◽  
Public Prosecutor ◽  
Judicial Cooperation ◽  
Public Prosecution ◽  
The Public ◽  
European Court

The purpose of this study is to analyze how public prosecutors act in pre-trial inquiries, and, therefore, how criminal investigation leads to the institution and carrying out of public prosecution. In every model of fair criminal justice, the initiation of a criminal trial entails enormous human, organizational and financial costs, which explains the need for pre-trial investigations. The features and dynamics of pre-trial inquiries vary considerably, however. Some jurisdictions grant the public prosecutor the power to direct a criminal investigation. In those criminal justice systems that still rely on an investigative judge or magistrate, the judicial authority holds the dominant role in the pre-trial inquiry. Still others allow law enforcement agents to operate without direct supervision from prosecutors or judicial authorities. Recent years have witnessed the increasing worldwide use of intrusive measures of investigation, unprecedented because of their hidden nature or their reliance on new technology. Legislative regulations of new investigative techniques have strengthened the reach of public prosecutors. All this leads us to view the public prosecutor’s legal action in pre-trial inquiries in terms of public prosecution after investigations interfere with fundamental rights of the individuals charged with suspicion of guilt. The case-law of the European Court of Human Rights contributes to this view of the relationship between criminal investigation and public prosecution.The investigative powers of public prosecutors are further strengthened in the field of transnational criminal justice. Judicial cooperation in the EU area in recent years provides significant examples of this phenomenon, such as a new, wide-ranging instrument of transnational evidence-gathering, known as the European investigation order. This framework contributed to the enhancement of the investigative powers of public prosecutorial services within EU countries, by treating public prosecutors as judicial officers. The new European Public Prosecutor’s Office also increased the powers of prosecutorial services in member nations when they cooperate with the EPPO in transborder cases.

scholarly journals THE ROLE OF PROSECUTOR OFFICE IN THE ERADICATION OF CORRUPTION CRIMINAL ACTS IN INDONESIA

2017 ◽  
Vol 4 (2) ◽  
pp. 244
Author(s):  
Sri Endah Wahyuningsih ◽  
Agus Sunaryo
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Attorney General ◽  
Public Prosecutor ◽  
Police Agency ◽  
Public Prosecution ◽  
The Public ◽  
Public Prosecution Service ◽  
The Republic

In fact, there are still many cases of corruption that have not been revealed; this resulted in the public to be pessimistic with the seriousness of the Prosecutor Office in uncovering variouscases of corruption that are happening today. The purpose of this study is to know the role ofthe Prosecutor Office in the eradication of criminal acts, to obtain an overview of the mechanismof corruption handling by prosecutors in Indonesia and to analyze the obstacles and solutionsin eradicating crime in the Attorney General. The research method was sociological juridical,and data collection were gained by using observation and interview. The existence and role ofthe Public Prosecution Service in eradicating corruption crime begins when the case has notbeen transferred to the Court until the execution of the decision of the Court. However, in thecriminal act of corruption the Prosecutor’s Office has the authority as a public prosecutor aswell as an investigator. The authority of the prosecutor as a special criminal investigator shall beregulated by Law Number 16 Year 2004 regarding the Attorney of the Republic of Indonesia inArticle 30 paragraph (1) letter d. In addition, in its role against the eradication of corruption, theProsecutor’s Office has always conducted a coordination relationship with the Police Agency andthe Corruption Eradication Commission. The mechanism for handling corruption in the AttorneyGeneral Office, through several procedures already set out in the law includes Investigation,Investigation and Prosecution.

scholarly journals Admission of guilt fines: a legal shortcut or delayed shock?

2020 ◽  
Author(s):  
Hendrik Van As ◽  
Deon Erasmus
Keyword(s):  
South Africa ◽  
Criminal Procedure ◽  
Criminal Record ◽  
Legal Assistance ◽  
Legal Aid ◽  
Judicial Process ◽  
High Court ◽  
The Public ◽  
Duty To Inform ◽  
Do So

  A popular perception shared by peace officers and the public alike is that the payment of an admission of guilt fine finalises the judicial process and no criminal record will result. However, paying an admission of guilt fine in terms of section 56 of the Criminal Procedure Act means that the person is deemed to have been convicted and sentenced in a court of law. People who pay admission of guilt fines later discover with shock that they in fact have a criminal record, with severe consequences. Often costly High Court applications will have to be instituted to set aside the conviction and sentence. Peace officers have a duty to inform a person of the consequences of paying an admission of guilt fine, but often do not do so and even abuse the admission of guilt system to finalise matters speedily. This article examines the consequences for a person who pays an admission of guilt fine. It further investigates whether there is a duty on Legal Aid South Africa to provide legal assistance in these matters and whether an administrative infringement process should be investigated.

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