Interviewing the Suspect: Key Considerations

This chapter explores the key issues relevant to the interview of any suspect. It begins with legal advice, explaining the role and objectives of the legal adviser to allow one to understand their behaviour and work with them as fellow professionals working at the “front end” of the criminal justice system. The chapter also considers the key tasks of interview planning, in particular information disclosure both prior to and during an interview, and practical preparation prior to meeting the suspect. It then investigates the legal safeguard of the caution and other pre-questioning issues. Ultimately, the chapter examines the presentation of case material to the suspect, bad character questioning, and how to tackle omission and anomaly by conducting a FAIR review, before closing — appropriately — with how to end the interview.

On the concept of “legal work in a commercial organization”

This article explores the problem of ambiguity of the category “legal work in a commercial organization”. A well-founded, logically accurate conceptual-categorical apparatus is important not only from a scientific perspective, for achieving the practical effectiveness of such activity as well. The authors raise the question on the absence of legislative consolidation of this category. Analysis is conducted on the existing in legal doctrine approaches towards the concept of “legal work” and “legal work in a commercial organization”. The conducted analysis of legislation and legal doctrine on the subject matter allows concluding on the need for distinguishing a narrow and broad approaches towards definition of the concept “legal work in a commercial organization”. In a narrow sense, it is offered to views this concept as a competent legal activity carried out by the expert, legal adviser, or external lawyer for ensuring effective functionality of the mechanism of legal regulation and systematic receipt of profit. In a broad sense, this concept should be viewed as an actual legal work and the activity of all structural departments, under the supervision of legal service, legal adviser or other entity, who can render a competent legal aid. The authors suggest adopting a special federal law that would regulate legal work, obligating the commercial organizations to hire competent legal experts. This would correspond to the trend of professionalization of legal aid, increase the effectiveness of protecting the rights and legitimate interests of organizations, and thus reduce legal nihilism, improve the quality of justice, optimize the burden on public authorities, and ultimately, contribute to observance of the general legal principle of legitimacy in entrepreneurial activity.

THE EFFECTIVENESS OF MAHKOTA WITNESSES (KROON GETUIDE) EVIDENCE ON NARCOTICS ABUSE

The use of Mahkota witnesses in Indonesia is still a matter of debate today, both among practitioners and academics, because there is no legal certainty regarding the use of this Mahkota witness. The research method uses juridical normative, the results obtained state that the effectiveness of the presence of Mahkota witnesses is to complete the minimum requirements for evidence to prove someone guilty. Where in the case of narcotics abuse, the lack of evidence found can facilitate the judicial process, the Mahkota witness is used to complete the truth to be revealed or material truth. The Mahkota witness does not affect the severity or lightness of the crime, but its usefulness is as a matter of convincing about the defendant's guilt or whether or not a narcotics abuse is proven. The testimony of the Mahkota witness has the power of proof if it is declared valid as a witness, there is no objection from the defendant's legal adviser regarding the presence of the Mahkota witness and the statement is stated before the court which has been sworn in beforehand and the information given is in accordance with the testimony given by other witnesses or tools other evidence so as to prove the defendant's guilt.

REKONSEPTUALISASI JALUR KHUSUS DALAM RANCANGAN KUHAP SEBAGAI BENTUK REFORMASI SISTEM PERADILAN PIDANA INDONESIA

The significant increase in the pile of case files between 2016 and 2019 led to the need for concepts or methods that can create judicial efficiency. In the spirit of reforming the Criminal Procedure Code, the drafting team of the Criminal Procedure Code tries to include procedures aimed at shortening and expediting procedural procedures through the existence of a special pathway in Indonesian criminal procedural law in the future, which is inspired by the concept of plea-bargaining in the United States and Britain. This normative research uses conceptual and comparative law. The result shows that a special line was given to the defendant who admitted to the criminal act charged making the trial hearing shorter. Second, there are several fundamental differences between the special lines in the Draft Criminal Procedure Code and plea bargaining in the United States, especially in the agreement between the defendant or legal adviser and the public prosecutor, the process for confessing the accused, the criminal acts included, and the position of the judge in their respective processes.

The Issue of Staff Sufficiency in Subdivisions for Legal Support of the Ministry of Internal Affairs of Russia

The scientific article examines some aspects of the organizational and staff structure of the units of the legal support of the system of the Ministry of Internal Affairs of Russia, namely the insufficient number of certified personnel of the legal service. This shortcoming gives rise to a number of problems that affect the quality implementation of all areas of legal work and the functioning of the law enforcement link in general. Special attention is paid to the territorial bodies of internal affairs, in which the legal subdivision is represented by a small number of members — a legal direction or a group, or the position of a legal adviser, contrary to regulatory requirements, has not been introduced.

9. Legal Professional Privilege

Chapter 9 focuses on the doctrine of legal professional privilege. Technically, this encompasses two separate privileges: legal advice privilege, which protects communications between client and legal adviser; and litigation privilege, which protects communications between client or legal adviser and a third party, so long as preparation for litigation is the dominant purpose of the communication. Legal advice privilege, unlike litigation privilege, is regarded as ‘absolute’ and incapable of being overridden. The chapter also briefly looks at ‘without prejudice privilege’, aspects of which the House of Lords and Supreme Court have considered in relatively recent years.

Serhiy Zarudny: Reflections on the Anniversary

The article refers to the life and creative career of an outstanding lawyer, translator, statesman, senator, privy councilor of Ukrainian origin – Serhiy Zarudny. The overview of his official career is given. The life history of Serhiy Zarudny is hard work, honesty, patience, purposefulness. Serhiy Zarudny was born on March 17, 1821 in the village of Kolodyazne, Kupyansk district, Kharkiv province. In 1842 he graduated from the Faculty of Physics and Mathematics of Kharkiv University with a mathematician’s degree. However, the mathematician who dreamed to be an astronomer, by a twist of fate had to become a lawyer when he got hired by the Department of the Ministry of Justice. Thanks to his hard work, he quickly took a close look at Russian jurisprudence and began to study classical works of foreign legal literature. The lack of official legal education did not discourage S. Zarudny in any way – it was the area where he found his mission. In the Department of the Ministry of Justice, Zarudny served for almost 15 years holding various positions – from senior aide of the Head of the Department to senior legal adviser at the Ministry of Justice. He became an outstanding lawyer, translator, statesman, senator, privy councilor. He took an active part in the development of fundamental provisions of the Peasant Reform of 1861 and the Judiciary Reform of 1864. It is sad that later he had to observe the destruction of his life-work by reactionary forces. He remained steadfast to the last, defending achievements of the democratic principles in justice system and judicature.

Indemnity to a Victim for Harm in Case of Death of the Person Guilty of Crime and Termination of Criminal Proceedings

The article focuses on the problem of restoring the rights and freedoms of the affected people in case of death of the person guilty of committing a crime. The author discusses the variability of the rights of victims, depending on the stage of consideration of an application for a committed crime, and proposes options for amending the current legislation in terms of improving legal regulation of protecting the rights of victims by introducing a new institution of legal assistance to victims. According to the author, the current legal system is to be supplemented with the institution of free legal aid from professional participants in the legal services market and believes that it is necessary to develop a mechanism for appointing a legal adviser who would provide qualified legal assistance to victims, ensure the collection of necessary documents, draw up procedural documents, and accompany the case in the court. It is advisable to provide such legal assistance to victims at the expense of the federal budget with the subsequent appeal of claims for compensation for the costs incurred to the perpetrators.