Thought fragments of Preliminary Session in Relation to Accusation and Evidentiary Procedure

The present study focuses on preliminary session, which was altered in its function by the resolutions of the new Law of Criminal Procedure (entering into force in 2018), that is Act XC of 2017 (henceforth LCP) with special regard to the relationship between accusation and evidentiary procedure with the help of a case. I also examine the rules of criminal procedure codified in Hungarian judicature, the function and influence of preliminary session, the main characteristics and the place of preliminary session among procedural forms of court procedures. The study examines whether preliminary session regulated by LCP meets the requirements and checks indictment eliminating unsubstantiated procedures. In case it fails to do so, what further regulations are needed to be added to present ones in order to meet requirements with special regard to codification policy embodied in criminal judicature, especially effectiveness, promptness, simplicity and coherence. I examine in details the possibility whether it could be the right and obligation of the court to examine not only the means of evidence deriving from legal elements and other informative elements contained in the presented indictment but also the legality of preliminary sessions and investigation procedures as a legal condition of initiating a court procedure. The study describes the regulation of LCP concerning evidentiary procedures in the preliminary session emphasizing the modifications by Act XLIII of 2020 concerning the interrogation of the accused. I examine its significance and point out whether anomalies in connection with the limits of evidentiary procedure are successfully eliminated in judicature.

نواقض الوضوء عند الشافعية والحنابلة (دراسة مقارنة)

Ablution is a great form of taharah so Sharia makes it a legal condition of prayer. The four schools have agreed on most problems related to ablution, such as its pillars, its obligations, its circumcision and its nullifiers, but they are also different in some ways. This study aims to find out the opinions of Shafi'i and Hanbali schools about ablution and things which invalidate it, as well as strong opinions of both. The scientific methods used to achieve results are inductive-deductive and comparison methods. The results showed that the things which invalidate it according to the Shafi'i school there are four things and according to the Hanbali school there are seven. Then there is the difference of opinion between the two schools in this matter on four points, namely: the feces coming out of the body as thing can invalidate the ablution, sleeping while sitting, touching women and eating camel meat. This research is expected to contribute in the field of comparative jurisprudence of schools, especially in the problem of nullifiers of ablution according to Shafi'i and Hanbali schools, and increasing knowledge in this matter.

Capital Punishment and (in)Justice

Indonesia is a legal state that upholds justice based on Article 1 paragraph 3 of the 1945 amendment. However, the legal condition in Indonesia is currently heavily criticized by the people, especially the small people. Laws in Indonesia are often called blunt-sharp laws that are triggered by the weakness of law enforcement in Indonesia. The condition of justice law in the increasingly bad state of Indonesia greatly affects the health and democratic forces in Indonesia. Failure to realize justice through law in Indonesia must be immediately addressed for the creation of a just state of justice as stipulated in the content of Pancasila. Law enforcement in Indonesia is not in accordance with Article 1 Paragraph 3 of the 1945 Amendment of Amendment which states that "Indonesia is a state of law".

Europe’s Cosmopolitan Union

The chapter provides a Kantian reading of EU internal market law and the refugee crisis of 2015. The chapter argues that the EU should be viewed as a cosmopolitan union. The authors ask whether EU law, understood as positive cosmopolitan law, can be qualified as an extension of the legal condition, and whether it can be viewed as consistent with the other two parts of public law, especially with the freedom of EU member states which also depend on the possible connection to global, much less extensive, systems of positive cosmopolitan law such as migration law.

EXTRADITION AS A CRIMINAL LAW INSTITUTION: PROBLEMS OF DEFINITION AND APPLICATION

The article considers topical issues of definition and implementation of the institution of extradition in the criminal law of Ukraine. There is a view that extradition should be understood only as the institution of extradition of offenders, and the transfer of convicts to serve their sentences is an independent institution of criminal law. In our opinion, this statement cannot be accepted, as it concerns an identical procedure, the systemic material and legal feature of which is its security focus on the realization of individual criminal responsibility, and this view is supported by lexical analysis of terminological concepts "extradition" and «transfer». as identical in factual content. It is noted that the obligatory legal condition for extradition (as well as transfer) is a valid international agreement, the parties to which must be Ukraine and the state requesting the extradition of the person. It is proved that the institution of extradition has a complex interdisciplinary nature, because it arises at the crossroads of constitutional law, criminal law, criminal procedure and international law. It allows to define it as a comprehensive legal procedure for transferring a person to another state to implement the principle of inevitability of criminal liability, regardless of the place of temporary actual stay. It is shown that the main task of the institute of extradition is to ensure the inevitability of bringing a person guilty of a crime to criminal responsibility, which allows to determine the fundamental basis and essence of this institution as a criminal law. It is emphasized that the institution of extradition is complex, combining the extradition of persons suspected of committing a crime and persons convicted of a crime, and both cases of its application have a common purpose – to ensure that the person guilty of the crime is prosecuted.

All That Glitters Is Not Silver—A New Look at Microbiological and Medical Applications of Silver Nanoparticles

Silver and its nanoparticles (AgNPs) have different faces, providing different applications. In recent years, the number of positive nanosilver applications has increased substantially. It has been proven that AgNPs inhibit the growth and survival of bacteria, including human and animal pathogens, as well as fungi, protozoa and arthropods. Silver nanoparticles are known from their antiviral and anti-cancer properties; however, they are also very popular in medical and pharmaceutical nanoengineering as carriers for precise delivery of therapeutic compounds, in the diagnostics of different diseases and in optics and chemistry, where they act as sensors, conductors and substrates for various syntheses. The activity of AgNPs has not been fully discovered; therefore, we need interdisciplinary research to fulfil this knowledge. New forms of products with silver will certainly find application in the future treatment of many complicated and difficult to treat diseases. There is still a lack of appropriate and precise legal condition regarding the circulation of nanomaterials and the rules governing their safety use. The relatively low toxicity, relative biocompatibility and selectivity of nanoparticle interaction combined with the unusual biological properties allow their use in animal production as well as in bioengineering and medicine. Despite a quite big knowledge on this topic, there is still a need to organize the data on AgNPs in relation to specific microorganisms such as bacteria, viruses or fungi. We decided to put this knowledge together and try to show positive and negative effects on prokaryotic and eukaryotic cells.

ANALISIS PEMIKIRAN MUSDAH MULIA TENTANG WALI NIKAH DAN RELEVANSINYA TERHADAP PEMBARUAN HUKUM KELUARGA DI INDONESIA

<p><em>The discussion of marriage guardian is one of the pillars that must exist in a marriage, illegitimate marriage without the presence of a guardian. The Compilation of Islamic Law (KHI) as the law governing Muslim marriages in Indonesia requires guardians as a legal condition of marriage (articles 14 and 19). However, on the other hand, one of the Muslim intellectuals, Siti Musdah Mulia, stated an opposing idea, that guardians are not included in the pillars of marriage. The results showed that the Musdah Mulia thinking generally led to the typology of liberal Islamic thought. Specifically on the issue of the absence of guardians in marriage, Musdah's opinions are not too contrary to the text; Musdah's attention to gender places a substantial portion in establishing the law; and the Musdah idea is not only channeled in the form of thought alone but also poured into the form of a legal regulation draft (CLD-KHI) so that the law applies comprehensively and can be applied clearly and can achieve justice and social benefit in the midst of the people. Then based on this, a specific typology of Musdah Mulia's thought was obtained about the absence of guardians in the marriage harmony leading to progressive Islamic thought. And Musdah Mulia's ideas about the lack of marriage guardians have sufficient relevance to the renewal of Islamic family law in Indonesia.</em></p>

A LEI DE MIGRAÇÃO COMO RESPOSTA AOS FLUXOS MIGRATÓRIOS NO BRASIL

RESUMOObjetivo: O objetivo deste estudo é analisar a superação do Estatuto do Estrangeiro de 1980 e a entrada em vigor da Lei de Migração de 2017, como resposta ao aumento dos fluxos migratórios no Brasil, bem como os impactos que a mencionada Lei pode causar futuramente.Metodologia: Metodologicamente, a análise dá-se por meio do estudo do diploma legal supracitado, relacionando sua eficácia diante dos novos desafios migratórios e sua resultante substituição por um código mais moderno e alinhado aos tempos. Por tratar-se de um estudo descritivo e exploratório, utiliza-se o método dedutivo, bem como a revisão bibliográfica e histórica dos temas em questão.Resultados: Conclui-se que a Lei de Migração brasileira adveio para ultrapassar a diferenciação entre nacional e não nacional, valorizando a dignidade humana e a proteção à vida frente ao local de nascimento ou local de origem. A evolução entre a legislação antiga e o novo diploma legal é notável, considerando-se que o novo instrumento normativo confere direitos que o Estatuto do Estrangeiro de 1980 jamais concederia, afirmando a posição do Brasil no panorama das migrações como um Estado que está atento à realidade, mesmo sem ter o poder econômico que os Estados ditos de primeiro mundo possuem.Contribuições: A principal contribuição deste estudo é demonstrar, por meio da comparação entre os diferentes diplomas legais e a realidade, a renovada eficácia do novo diploma legal, que trata mais adequadamente das questões migratórias por intermédio de um embasamento que valoriza os direitos fundamentais.PALAVRAS-CHAVE: Condição jurídica do estrangeiro; lei de migração; direito internacional dos direitos humanos; estatuto do estrangeiro; cidadania. ABSTRACTObjective: To analyze the overcoming of the Foreigner Statute of 1980 and the entry into force of the Migration Law of 2017, as a response to the increase of migratory flows in Brazil, as well as impacts that it may cause in the future.Methodology: Methodologically, the analysis takes place through the study of the aforementioned law, relating its effectiveness in view of the new migratory challenges and its resulting replacement by a more modern and time-aligned code. As it is a descriptive and exploratory study, the deductive method is used, as well as the bibliographical and historical review of the subject themes.Results: The Brazilian Migration Law was edited to overcome the differentiation between national and non-national, valuing human dignity and life protection vis-à-vis the place of birth or place of origin. The evolution between the old legislation and the new law is remarkable, considering that the new law confers rights that the Foreigner Statute of 1980 would never grant, affirming Brazil's position in the panorama of migrations as a State that is aware of the reality, even without the economic power that the so-called first-world States possess.Contributions: The main contribution of this study is to demonstrate, by comparing the different laws and reality, the renewed effectiveness of the new law, which deals more adequately with migratory issues through a background that values fundamental rights.KEYWORDS: Legal condition of foreigners; migration law; international human rights law; foreigner statute; citizenship.

Characterization of Adolescent Pregnancy and Legal Abortion in Situations Involving Incest or Sexual Violence by an Unknown Aggressor

Background and Objectives: In pregnancies resulting from incest, the adolescent maintains close family and emotional relations with the aggressor, different from what occurs when pregnancy results from sexual violence by strangers. Evidence indicates that this type of relationship with the aggressor may interfere in the dynamics of such violence and the adolescent’s access to health services. Materials and Methods: The objective of this research was to describe and correlate aspects associated with pregnancy when resulting from rape of adolescents in situations of incest; rape when perpetrated by an unknown aggressor and an abortion as allowed by law was sought. Method: A cross-sectional, epidemiological study of adolescents treated at the Pérola Byington Hospital, São Paulo, Brazil, bringing an allegation of pregnancy, resulting from sexual violence and a request for abortion as allowed by law. A total of 311 adolescents, being 134 in the “pregnancy from incest group”, and 174 in the group “pregnancies resulting from rape by a stranger” were considered under the study variables; relationships were investigated using the chi-squared test and Poisson regression with robust variance. Results: The study included 137 cases (44.1%) of pregnancy resulting from incest, and 174 cases (55.9%) of pregnancy from rape by a stranger. In cases of incest, a declaration of religion (92.0%) was significantly more frequent, and the adolescents were approached in spaces considered safe or private (92.7%); the aggressor taking advantage of the adolescent’s legal condition of vulnerability as a function of age (83.3%). Cases of incest presented a lower median adolescent age and greater gestational development, with gestations being ≥ 13 weeks prevailing. Conclusion: Cases of pregnancy by incest presented indicators suggesting both proximity and relationship with the aggressor, and pregnancy at a very early age, which postponed the adolescent’s procurement of health service, and interfered negatively with abortion assistance as allowed by law.