The operational role and the importance of the application of criminal procedures during the investigation of the organized crime in Kosovo

The application of criminal procedures in the investigation of organized crime in Kosovo quests a deeper empirical study and wider research of a scientific literature than ever done before. The failure of many organized crime cases throughout the courts of Kosovo and the light and acquittal sentences are real indications that the application of criminal proceedings is not being properly conveyed in practice. The data provided through the empirical research of this paper indicate that non-compliance with criminal procedures leads to a decrease in efficiency and a significant increase in organized crime cases. Through this research we aim to identify the possible factors that affect the growth of the phenomenon of crime as well as the reflection of institutions dealing with the prevention and fight against crime. According to the observation the author suspects that the starting point of criminal proceedings regardless of the degree of probability is extremely important for the fight against crime, especially the fight against modern forms characterized by a high degree of organization, professionalism, specialization and secrecy. This paper reflects the detailed theoretical research of the scientific literature by various local and foreign authors and experts who have written about criminal procedures, research and analysis of theoretical and practical data on the meaning and importance of the implementation of criminal procedures in detecting organized crime in Kosovo are of particular importance to investigators of organized crime in the future. The effectiveness of criminal procedures in detection of organized crime in Kosovo should be closely related to criminology, criminalistics and criminal policy, the implementation of criminal procedures should in principle aim to return the basis of suspicion to the highest level of suspicion. This activity starts with the appearance of the basis of suspicion or the highest form of suspicion in the form of orientation and elimination indicators. The same activity consists of criminal control and processing. The content and strategy of these activities determine their further course, as well as condition the range of rules of criminal science in a specific case based on the provisions of the Code of Criminal Procedure, as well as other provisions of laws and bylaws. The strategy and tactics of these activities are dictated by the type of criminal offense.

Legislative Development of Criminal Proceedings and Evidence in the Slovak Republic (1993-2021)

Background: In this article, the author focuses on the legislative development of criminal proceedings and evidence after the establishment of the Slovak Republic. This article pays special attention to the issue of evidence and means of proof. It also deals separately with the legal regulation of using information and technical means. It briefly suggests possible directions of development in the field of evidence, reflecting the current state of development of science and technology, as well as changes in the security situation. Methods: The scientific methods of historical analysis and legal comparison were used to process the research data. Results and Conclusions: Developments in this area are constantly advancing, and the area of evidence in criminal proceedings in the Slovak Republic will inevitably be subject to updating.

Verbalisan Witness Position as Evidence of a Criminal Case

The presence of Constitutional Court Decision Number 65/PUUVIII/2010 expands the meaning of witnesses in Article 1 point 26 of the KUHAP, resulting in the emergence of various interpretations in criminal justice practice concerning the position of verbal witness testimony as evidence. Juridically, the decision creates problems considering that the Criminal Procedure Code or Kitab Undang-Undang Hukum Acara Pidana (KUHAP) does not recognize verbal witnesses' testimony as evidence. This study examined the position and the strength of verbal witnesses' testimony as evidence in criminal proceedings. After gathering all the data using normative and empirical juridical research, this paper concludes that the testimony of verbal witnesses is grouped in the evidence of guidance in Article 188 Paragraph (1) of the KUHAP because the testimony of verbal witnesses is not primary evidence. After all, its existence is contingent on the judge's willingness to employ it. The strength of proof of testimony of verbal witnesses is that they must satisfy the elements of Article 188 paragraph (1) of the KUHAP, namely the information referred to in the form of events or circumstances concerning a criminal act, as well as conformity with other evidence, as required by Article 188 paragraph (2) of the KUHAP.

A FEW REMARKS REGARDING EVIDENCE FROM THE INTERROGATION OF A WITNESS IN CONNECTION WITH THE SUBJECT OF A COMMUNITY INTERVIEW CONDUCTED IN A CRIMINAL CASE (ARTICLES 214 OF THE CODE OF CRIMINAL PROCEDURE)

The author discusses the role of documentary evidence in the form of the background survey in criminal proceedings. He also examines the possibilities and scope of verification of its content by interviewing as witnesses the person who conducted the evidence and the persons who provided information as part of the background survey. He emphasizes that it is justified in this case – in the context of the principle expressed in Art. 174 of the Code of Criminal Procedure – different approach to admitting and taking evidence from the testimonies of witnesses on the circumstances covered by the background survey. The article attempts to select typical cases in which it would be advisable to admit evidence from the testimonies of witnesses for the circumstances identified through the background survey.

Sytuacja prawna ofiary przestępstwa w postępowaniu wykonawczym w perspektywie sprawiedliwości naprawczej

The article is devoted to the legal situation of a crime victim in the course of executive penal proceedings. The starting point for the considerations was the statement that Goffman’s concept of total institutions and the resulting negative consequences, such as the effects of deculturation or deprivation affecting inmates, are still valid in relation to Polish penitentiary units. It is considered that restorative justice can be an effective instrument for the transition from a total institution to its negation, that is, a permeable institution, especially insofar as it promotes tools for victim and community activation in criminal proceedings. Therefore, the situation of the victim in the current model of executive proceedings was analyzed from the perspective of the possibility of implementing the idea of restorative justice. The subject matter of the article is not limited only to a synthesis of the victim’s rights under the current Executive Penal Code. The provisions normalizing the rights of the victim were analyzed in the context of the whole Code regulation and with reference to the earlier stages of criminal proceedings. In this way a complete and actual picture of the victim’s situation at this stage of criminal proceedings was presented, which was then compared with the standard of restorative justice. The critical analysis made it possible to identify the shortcomings in the current regulation of the victim’s legal situation and to outline the direction in which the legislator should proceed in order to achieve the standard of restorative justice, which will make it possible to increase the permeability of penitentiary units and thus minimize their total character.

Czy zmierzamy w stronę autorytarnego sądowego procesu karnego?

The article discusses recent changes in the Polish Code of Criminal Procedure in the sphere of the prosecutor’s right to oppose decisions made by a court during the trial. The purpose of the article is to show the public prosecutor’s increasing interference in the course of criminal proceedings, which, as a result, makes it possible to take control over the course and outcome of specific criminal proceedings.

Prokurator jako organ nadzoru penitencjarnego — od pełnej kontroli do utraty pozycji organu postępowania wykonawczego

This paper discusses the evolution of the position and role of the prosecutor in the course ofshaping the institution of penitentiary supervision. Penitentiary supervision is the process of examining (controlling) the activities of the bodies established to carry out isolation measures, combined with the possibility of assistance, influence and modification of this activity. In the past, the scope of the prosecutor’s influence on the functioning of the broadly understood criminal justice system was much greater. The evolution from prosecutor supervision, through prosecutor–court supervision, to the current model of only judicial supervision, is an interesting example of a clash between two competing participants in criminal proceedings. Judicial penitentiary supervision has turned out to be more effective, and, above all, it is a guarantee of lawful and humane execution of imprisonment and pre-trial detention. The prosecutor’s supervision, especially in the period after the adoption of the 1969 Executive Penal Code, did not enjoy the same prestige as that of a judge. Prosecutors are not an independent body like judges and it was difficult to consider their decisions fully impartial. The study is a historical analysis. The time range is determined by two important normative regulations. The beginning is the decree of the Chief of State of 8 February 1919 on temporary prison regulations, where the term penitentiary supervision (performed only by a prosecutor) appears for the first time in Polish legislation. The closing date is the adoption on 6 June 1997 of the Executive Penal Code, introducing only judicial penitentiary supervision and removing it from the scope of prosecutors’ powers.

Methodology of Effective Seizure and the Confiscation of the Crime Assets

The paper deals with the methods of seizure of property in criminal proceedings and with the individual institutes that may be used for this purpose. This is a form of vademecum of the financial investigation, which is currently one of the priorities of criminal policy. The paper responds to the latest development of the decision-making activities of the courts and tries to point out to certain stereotypes that are already outworn by the decision-making activities in selected decisions.

Investigative and the Rule of Law: A Cameroonian and Ukrainian Criminal Proceedings Law Understanding

There is no instance in a given society that can successfully opeate and function without respecting existing standards and principles set in place in ensuring the respect of fundamental human right and dignity. The notion and acceptable rule is that, Crime commission is an unavoidable singularity in any given and documented society functioning under the umbrella of established rules and regulations. Cameroon and Ukraine has engaged huge steps in establishing credible laws, all in the preservation and protection of fundamental human right of those presumed of crime commission. This article articulates and establishes that,the only way the rule of law can be respected during the investigative stage, will only when those responsible for investigation respects the due process of the law in the course of its investigation so that their act should not contravene the right of the suspect or accused in question. It provides that when issues of investigation are carried out by Ukraine and Cameroon police, gross violations of the criminal process are always experienced, and this greatly affects the objective of criminal law being that of protecting the right and dignity of everyone irrespective of the status quo acquired during the criminal proceedings.the results of this gross violation of the accuesed rights and status during the investigative stage will affect the rationale and objective of the criminal law system which is to ensure that all criminal process should respect human standard and dignity. The reason for this is that, during the investigative process and procedure, the law enforcement ofiicers must be able in detaching their various duties assigned with due diligent and respect of the various criminal standards of investigation. To ensure that this is done, there is that need of those enforcing the jucial process and trial should that all evidences, searches, seizures, recording done by the investigative police officials should be done in accordance of the free will of the presumed criminal.