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Journal articles on the topic 'Criminal Code and Code of Criminal Procedure'
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1
Grubač, Momčilo, and Slobodan Beljanski. "The new Code on criminal procedure." Glasnik Advokatske komore Vojvodine 74, no. 9-10 (2002): 3–10. http://dx.doi.org/10.5937/gakv0202003g.
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NEACSU, Danut, and Luminita SIMA. "Preliminary Chamber Judge in the New Code of Criminal Procedure." Logos Universality Mentality Education Novelty. Section: Law 03, no. 01 (December 5, 2014): 31–38. http://dx.doi.org/10.18662/lumenlaw.2014.0301.03.
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Kristková, Alena, and Pavel Kandalec. "The Principle of Opportunity in the Czech Criminal Procedure Code." Studia Iuridica Lublinensia 25, no. 1 (April 20, 2016): 239. http://dx.doi.org/10.17951/sil.2016.25.1.239.
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Kornakova, S. V. "Evidence and Establishment of Evidence Norms in CIS Countries Criminal Procedures: A Comparative Legal Analysis." Lex Russica, no. 11 (November 15, 2020): 148–56. http://dx.doi.org/10.17803/1729-5920.2020.168.11.148-156.
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The paper is devoted to a comparative legal analysis of some norms of the criminal procedure laws of the CIS countries concerning evidence and establishment of evidence in criminal procedures. The paper analyzes the legal definitions of the concept of "evidence" in the CIS countries codes. It is noted that the wording used in article 74 of the Criminal Procedural Code of the Russian Federation is less specific than the content of the relevant norms in the legislation of other CIS countries. In particular, the replacement of the phrase "this data is established", which was used in the RSFSR Criminal Procedure Code, with the phrase "evidence is" in part 2 of article 74 of the Criminal Procedural Code of the Russian Federation, which led to an illegal identification of the sources of evidence and the evidence itself, is critically evaluated.Some features, advantages and disadvantages of the norms of criminal procedure laws of the CIS countries containing a list of sources of evidence are revealed. The conclusion is made about a clear advantage in this respect of the Criminal Procedural Code of the Russian Federation, part 2 of article 74 of which contains a complete and universal list of sources of evidence. At the same time, the need to include in this list, along with the testimony of the suspect and the accused, such a source of evidence as the testimony of the defendant is argued.The paper analyzes the legislative consolidation of the concept of "evidence" in the criminal procedure codes of the CIS countries, which allowed us to critically evaluate the definition given to this concept by the Russian legislator. According to the author, the absence of the purpose for the establishment of evidence in article 85 of the Criminal Procedural Code of the Russian Federation, namely the purpose for establishing the circumstances listed in article 73 of the Criminal Procedural Code of the Russian Federation, as a lawful, reasoned and just resolution of the case, is a significant shortcoming of the Russian criminal-procedural law that requires special legal address.
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Zgryzek, Kazimierz. "Inflacja normatywna w prawie karnym – rzeczywistość czy złudzenie?" Problemy Prawa Karnego 27, no. 1 (December 10, 2017): 221–35. http://dx.doi.org/10.31261/ppk.2017.01.10.
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The author discusses the problem of excessive normative production in Polish legal system on the example of the changes implemented by amending the Code of Criminal Procedure. The article presents the changes implemented in the particular codes of criminal proceedings, starting with the first code of the independent Poland, the Code of 1928, followed by the amendments to that code, which remained in effect until December 31, 1969, as well as modified normative solutions remaining in effect prior to the change of the political and economic system, and concluding with the Code of Criminal Procedure which came into force on September 1, 1998. Such comparative study of the activity of the Polish Parliament between 1928 and 2017 reveals a severe excessive normative production with regard to criminal law in the recent years. The author argues that any normative changes to code regulations should be implemented only once the regulations subject to change have been tested in practice and have undergone an in-depth discussion in all groups that use the modified norms. As a positive example, the author enumerates the efforts of the Codification Commission of the Criminal Law, which resulted in the amendment of September, 2013, and compares it with the procedure of amending the Code of Criminal Procedure in March, 2016.
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Nijboer, J. F. "Protection of Victims in Rape and Sexual Abuse Cases in the Netherlands." Israel Law Review 31, no. 1-3 (1997): 300–336. http://dx.doi.org/10.1017/s0021223700015326.
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In general, the Dutch codification of Criminal law is constructed on the basic divisions that can be found in most Civil Law jurisdictions. The substantive law and the procedure are regulated in two separate Codes: the Penal Code (Wetboek van Strafrecht) and the Code of Criminal Procedure (Wetboek van Strafvordering). The present Penal Code came into force in 1886; the present Code of Criminal Procedure in 1926. Both Codes have been reformed often, but their basic features have been preserved.The Code of Criminal Procedure regulates the due course of the procedure as a chronological sequence of investigations and decisions. A trial before a District Court (arrondissementsrechtbank), which sits as a chamber of three judges (meervoudige kamer), serves as a model for the manner in which trials must proceed. Most of its provisions are also applicable to trials before other Courts, such as those before the Court of Limited Jurisdiction (kantongerecht); the District Court with a single judge sitting alone in simple cases; the District Court, which handles appeals from the Court of Limited Jurisdiction; and the Court of Appeal, which handles appeals from the District Court.
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이수진. "Reinterpretation of criminal procedure code §308-2." Journal of Criminal Law 26, no. 3 (September 2014): 205–28. http://dx.doi.org/10.21795/kcla.2014.26.3.205.
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Burnham, William, and Jeffrey Kahn. "Russia's Criminal Procedure Code Five Years Out." Review of Central and East European Law 33, no. 1 (2008): 1–94. http://dx.doi.org/10.1163/092598808x262533.
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AbstractAfter a long delay in drafting, a new Criminal Procedure Code for Russia was passed in 2001 and went into effect in 2002. The new Code contains some striking innovations, most notably changes at the trial stage, which implement the constitutional requirement of adversarial principles. However, it also preserves several remnants of the past, particularly its preservation of the formal pretrial investigation, during which evidence is analyzed and compiled in a dossier, which then dominates the trial of the case. The result is that old and new constantly contend with each other. Implementation of the new adversarial procedures is also made difficult by the enormity of the changes demanded by them. This article examines these and other issues in the new Code's implementation over its first five years of operation.
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Ilic, Goran. "The criminal procedure code and legal safety several examples of practice deviations influenced by the criminal procedure code." Nauka, bezbednost, policija, no. 3 (2014): 27–35. http://dx.doi.org/10.5937/nbp1403027i.
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Zafarqandi, Sajad Fatahi, and Majid Vaziri. "Comparative Analysis between Traditional and Modern Criminal Procedure Code." Journal of Politics and Law 9, no. 9 (October 30, 2016): 97. http://dx.doi.org/10.5539/jpl.v9n9p97.
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The criminal procedure code has been regarded as one of the most important and substantial codes in every state among which a major part of the criminal general discipline and criminal justice is enforced. The judicial, procedural systems and criminal procedure code regulations in Iran have been transformed during the previous decade. These transformations caused some irregularities and anomalies in judicial system and citizenship rights state in addition to organizing the criminal procedure code such that everyone witnessed these anomalies at the time of the courts’ law and courts’ resorting law. The changed in qualification of the prosecuting entity and the related section, carefully explaining the duties and the authorities of the prosecutor and investigator, allocating the enforcements due to security and legal responsibilities, practical exclusion of the investigating judge and the responsibilities of judicial court administrator and its transfer to the investigator and prosecutor, organizing the prosecutors’ and judicial references and judges’ duties and responsibilities, and so forth as well as attempting to harmonize the criminal procedure system with fair procedure system principles codified in international human rights declaration, international political and civil rights treaty and other relevant human rights documents in line with respecting for all human rights liberties and rights as identified rules in international rights and as a result, highlighting the human right approach to this issue and tendency to practical mixed investigation and procedure system.
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Boyarskaya, A. V. "Criminal legal basis for an expedited trial procedure provided by the chapter 40 of the Russian Criminal Procedure Code." Law Enforcement Review 5, no. 2 (July 5, 2021): 192–208. http://dx.doi.org/10.52468/2542-1514.2021.5(2).192-208.
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The subject of study is the criminal-legal basis for an expedited procedure for adopting a court ruling when the accused person agrees with the charge. These issues are relevant, since in July 2020 the substantive legal basis of the expedited procedure in Russia was changed and now this procedure can only be applied in criminal cases of small and medium gravity.The aim of this work is to study the substantive legal basis of an expedited procedure of litigation from the point of view of the changes were made to it. The author expresses the thesis that the legislators did not quite reasonably link criminal-legal grounds of the expedited procedure with the system of categories of crimes.The methodology. The author used general scientific methods (dialectical, historical, methods of formal logic, system analysis) as well as method of formal legal interpretation of Russian Criminal Code and judicial decisions of Russian courts.The main results, scope of application. The criminal and legal basis of certain criminal procedure is a package of criminal law standards, for the implementation of which a certain criminal and procedural form is intended. The parameters of the substantive basis of criminal proceedings are set with the signs that shall be indicated in the Code of Criminal Procedure and may change. It directly refers to the expedited procedure for adopting a court ruling, by Chapter 40 of the Russian Criminal Procedure Code. Initially, it was assumed that the application of this procedure is permissible in criminal cases concerning crimes the punishment for which does not exceed 5 years imprisonment in accordance with the Russian Criminal Code. The expedited court proceedings began to be applied in criminal cases concerning crimes, the punishment for which does not exceed 10 years imprisonment in accordance with the Russian Criminal Code, since 2003. The Russian Supreme Court made an attempt to reduce the application of court proceedings provided by Chapter 40 of the Russian Criminal Procedure Code in 2019. It turned out to be successful. Legislators have changed the basic criterion that determines the substantive basis for an expedited procedure for adopting a court ruling. Now the system of categories of crimes is this basis. The system of categories of crimes presented in Article 15 of the Russian Criminal Code is not stable enough and is based on a set of provisions of this Code, but the sanctions for many crimes are not scientifically and practically grounded in this Code. In addition, the classification of crimes enshrined in Article 15 of the Russian Criminal Code is based on such a criterion as the nature and degree of public danger of the crime. These categories are among the most complex in the science of criminal law.Conclusions. The use of categories of crimes as a criterion for determining the criminal legal basis of the expedited procedure for making a court decision significantly complicates the application of the expedited procedure.
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Guzik-Makaruk, Ewa M., and Piotr Fiedorczyk. "The Achievements of the Codification Commission of the Second Republic of Poland — a Century After Regaining the Independence." Internal Security Special Issue (January 14, 2019): 15–27. http://dx.doi.org/10.5604/01.3001.0012.8398.
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Reborn in 1918, the Polish state inherited from the partition countries: Russia, Prussia and Austria their legal systems. The task of unifying the codification of the law was entrusted to the Codification Commission, established on the basis of the Act of 1919. The Commission was to prepare draft legislation in the field of civil and criminal law. It was a body of 44 lawyers and had a high degree of independence from political factors. As a result of the Commission’s work, more than 20 legal acts were created. In the area of civil law, these were laws mainly related to foreign legal transactions. These included, among others, bills of exchange and cheque law, copyright law, patent law, law on combating unfair competition. The two laws of 1926 were of particular importance: private international law and inter-district law. Three codes of private law were also created: the Code of Obligations (1933, considered the most outstanding civil work of the Commission), the Commercial Code and the Code of Civil Procedure. In the area of criminal law, a full codification was carried out, first by implementing the Code of Criminal Procedure (1928) and then the Criminal Code (1932). These two acts were based on different doctrinal bases, which made criminal law inconsistent. The Criminal Code of Juliusz Makarewicz in particular was an outstanding work, based on the findings of the School of Sociological Criminal Law. The Codification Commission did not finish its work until the outbreak of the war. However, present codes are largely based on the solutions developed within the Commission.
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Cercel, Fănică. "Initiation/Commencement of Criminal Prosecution in the New Criminal Procedure Code." International conference KNOWLEDGE-BASED ORGANIZATION 25, no. 2 (June 1, 2019): 114–21. http://dx.doi.org/10.2478/kbo-2019-0066.
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Abstract The initiation of criminal prosecution is always preceded by the notification of criminal investigation bodies (or the disclosure) about the commission of a crime, since it is not possible to start the criminal trial in the absence of such notification. Another (negative) condition is the nonexistence of any of the cases provided by art. 16 of the Criminal Procedure Code, otherwise they are closed prior to the commencement of criminal prosecution.The procedural act by which the prosecution is initiated, according to Article 305, paragraph 2, of the Criminal Procedure Code is the ordinance. The commencement of criminal prosecution is always ordered in respect of the offense, even if the person who committed the offense is indicated in the notice.
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Jordan, Pamela A. "Criminal Defense Advocacy in Russia Under the 2001 Criminal Procedure Code." American Journal of Comparative Law 53, no. 1 (2005): 157–88. http://dx.doi.org/10.1093/ajcl/53.1.157.
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Góralski, Piotr. "Kwestia dopuszczalności stosowania środków zabezpieczających w stosunku do nieletnich sprawców czynów karalnych. Część II." Nowa Kodyfikacja Prawa Karnego 39 (November 22, 2016): 31–54. http://dx.doi.org/10.19195/2084-5065.39.3.
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Admissibility of precautionary measures against juvenile criminals Part IIThis article discusses the admissibility of precautionary measures against juvenile criminals. It refers to both juvenile offenders charged as adults pursuant to Art. 10 § 2 of the Criminal Code and 15–16-year-old offenders charged pursuant to the provisions of the Procedures in Legal Actions against Juveniles Act of 1982. The article presents the legal status concerning this issue in the period from 1997 to 2015 and relevant changes in the legal regulations concerning precautionary measures introduced by the amendment of the Criminal Code of 20th February 2015.A thesis formulated in the paper discussed here is that only one type of precautionary measure, which is confiscation, may be used against juveniles subject to the regulations of the Procedures in Legal Actions against Juveniles Act. In relation to juveniles charged under the Criminal Code only the precautionary measures which do not interfere with the provisions of Article 3 of the Criminal Code providing for the rule of humanitarian use of criminal penalties should be implemented. It refers mainly to these forms of isolation precautionary measures which would apply to juvenile criminals after serving imprisonment.
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Lee Jae Hak. "A study on the position and direction point of Criminal Procedure Code § 309 to Criminal Procedure Code § 308 - 2." Journal of Criminal Law 28, no. 4 (December 2016): 221–51. http://dx.doi.org/10.21795/kcla.2016.28.4.221.
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Ghambaryan, Artur, and Liana Ghazaryan. "The Institute of Deposition of Testimonies: Criminal Procedure Codes of Post-Soviet States." Russian Law Journal 8, no. 1 (March 27, 2020): 84–110. http://dx.doi.org/10.17589/2309-8678-2020-8-1-84-110.
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This article argues about the importance of gathering written evidence (testimony) which, as a prototype of judicial deposition, may be regarded as an effective instrument for criminal procedure. The article incorporates the works of the British, German, and Russian theorists of the 19th century, and the legislative regulations of this period. Despite the fact that the concept of “judicial deposition” has only recently entered into practice in the new criminal procedure codes of post-Soviet states, its roots can be traced back to the 19th century English law. This paper focuses on the legislative regulations of the post-Soviet countries, in particular, the procedures set out in the new criminal procedure codes, including the novelties and peculiarities of the Draft Criminal Procedure Code of the Republic of Armenia. The authors have referred, in more detail, to the Criminal Procedure Code of the Republic of Armenia, which has substantial peculiarities. In this respect, the article presents the opinions of the experts on judicial deposition testimonies. Discussing the differences in the legislative regulations of several countries, this article, through a comparative analysis, points how different countries approach deposition of testimonies. Additionally, the article examines the fundamental differences between deposition testimonies and hearsay evidence.
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STAMENKOVIĆ, MILOŠ. "ISSUES ON THE JUSTIFICATION OF THE AMENDMENT OF THE CRIMINAL PROCEDURAL LEGISLATION OF THE REPUBLIC OF SERBIA FROM 2011." Kultura polisa, no. 45 (July 3, 2021): 321–32. http://dx.doi.org/10.51738/kpolisa2021.18.2r.4.06.
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The issue of the development of criminal procedural law is an extremely broad and complex consideration, one that is difficult to cover in one study. In this paper, the author will deal with the development of criminal procedural legislation of the Republic of Serbia by 2011 in the first part. The current Criminal Procedure Code, with its most recent amendments from 2019, is still based precisely on the mentioned Code. The systematic presentation of the development of criminal procedural legislation in the Republic of Serbia has been burdened with both numerous changes in legislative sources and changes in the broader social context. The issue of state frameworks and the validity of the law, therefore, often requires a review of the broader territorial framework and an understanding of this social dynamic. If one considers the period of formation of the Kingdom of Serbs Croats and Slovenes in 1918, the basic feature of criminal procedural law implied the particular interests of individual states and separate procedural arrangements. Following the above, which is in a way an introductory part, the paper will address the most important changes to the current Criminal Procedure Code in relation to the 2011 Criminal Procedure Code. After the Criminal Procedure Code of 2001 was repealed, the new Criminal Procedure Code of 2011 came into force, which regulates several issues in a whole new way. Finally, special attention will be paid to the inconsistency of the Criminal Procedure Code of 2011 with the Constitution of the Republic of Serbia.
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KOSTENKO, Roman, and Georgii YURIEV. "The Admissibility of Statements Provided by an Accused Person in the Russian Criminal Procedure." Journal of Advanced Research in Law and Economics 9, no. 5 (June 9, 2019): 1684. http://dx.doi.org/10.14505//jarle.v9.5(35).21.
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This article substantiates that compliance with the requirement of admissible evidence acquires special significance for a criminal proceedings, which is proved by the analysis of various sources, including the current edition of the Criminal Procedure Code of the Russian Federation. Therefore, the article aims to determine the nature of admissible statements of the accused in the Russian criminal procedure as one of the most important types of legal evidence.
The authors of the article have obtained crucial results for the study of criminal proceedings, defined the basic requirements that should be met by admissible statements of an accused person, analyzed rules for admitting statements of the accused, performed their general characterization and formulated the main provisions defining the essence of statements provided by the accused in criminal proceedings. The main conclusion reached in this article is that the admissibility of statements provided by the accused should comply with the following basic rules: (1) the rule of appropriate subjects authorized by virtue of the existing Criminal Procedure Code of the Russian Federation to carry out procedural actions for collecting (obtaining, recording) evidence; (2) the rule of proper information sources on the facts provided for by the current Criminal Procedure Code; (3) the rule of proper proceedings stipulated by the current Criminal Procedure Code of the Russian Federation for collecting (receiving, recording) evidence; (4) the rule of the proper procedure provided for by the current Criminal Procedure Code for collecting (receiving, recording) evidence from the viewpoint of its proper obtaining is considered as the need to comply with requirements of the Criminal Procedure Code.
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Rühl, Giesela. "Preparing Germany for the 21st Century: The Reform of the Code of Civil Procedure." German Law Journal 6, no. 6 (June 1, 2005): 909–42. http://dx.doi.org/10.1017/s2071832200014036.
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One of the most important dates in German legal history is 1 October 1879. On this day the four Imperial Judiciary Laws (Reichsjustizgesetze) became effective: the Code of Civil Procedure (Zivilprozessordnung), the Code of Criminal Procedure (Strafprozessordnung), the Law on the Organization of Courts (Gerichtsverfassungsgesetz) and the Bankruptcy Code (Konkursordnung). They replaced a large number of different organizational and procedural provisions in the existing German states and effectively established legal uniformity in civil and criminal procedure in the German Empire. More specifically, the Court Organization Law created a national system of courts for civil and criminal matters consisting of Local Courts (Amtsgericht), District Courts (Landgericht), Appeals Courts (Oberlandesgericht) and the Imperial Court of Justice (Reichsgericht). The Code of Civil Procedure, the Code of Criminal Procedure and the Bankruptcy Code provided the procedural framework for all these courts thereby bringing procedural unity to the German Empire for the first time.
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Dinh, Thi Mai, Ngoc Thang Dinh, Thi Phuong Quynh Bui, and Anh Duc Nguyen. "Corporate criminal liability on environmental crimes in Vietnam." E3S Web of Conferences 203 (2020): 03014. http://dx.doi.org/10.1051/e3sconf/202020303014.
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From 00:00 on January 1, 2018, all environmental criminal acts of commercial entities are prosecuted for criminal liability. In order to investigate criminal liability for corporate legal entities, up to now, Vietnam have Criminal Code 2015, Criminal Procedure Code 2015 and Law on Execution of Criminal Judgment 2019. However, the competences, order and procedures of judgment excution for corporate legal entities that environmental commit crimes are still controversial and has been urgently discussed. The Penal Code 2015 on corporate legal entities has been in effect for nearly 5 years, but in fact up to July 2020, there has not been a commercial entity prosecuted and tried or excuted yet. The difficult problem is the penalties applied to legal entities different in the nature, order, procedures and ways of conducting compared with individual. This paper introducing the new regulations about the criminal liability on corporate entities for environmental crimes in Vietnam Criminal Code 2015 and analyze and point out some challenges, proposes some suggestions in Vietnam execution of criminal judgments.
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Kucharczyk, Mariusz. "„Osoba podejrzana”, „podejrzany” i „oskarżony” w polskim procesie karnym – zakres pojęciowy." Problemy Prawa Karnego 27, no. 1 (December 10, 2017): 133–71. http://dx.doi.org/10.31261/ppk.2017.01.06.
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The subject of this article is nomenclatural interpretation of the notions of “a person of interest”, “a suspect” and “a defendant” in Polish Code of Criminal Procedure – the parties in criminal proceedings who are suspected of committing a crime or who are charged with a crime. The article discusses the legal definitions of the word “suspect” according to Article 71 § 1 of the Code of Criminal Procedure (i.e. a person against whom a statement of objections has been issued and a person who has been charged on the grounds of examination of the person in question as a suspect) as well as the word “defendant” according to Article 71 § 2 and 3 of the Code of Criminal Procedure (sensu stricto and sensu largo). Moreover, the article provides an overview of the available definitions of “a suspect” and “a person of interest” – parties named directly in the Code of Criminal Procedure. In addition to that, the article discusses the notion of “actual suspect” (whose definition and understanding varies in the doctrine), which emerged from the previously effective Code of Criminal Procedure. The article analyses the legal standing of such an “actual suspect” in the context of Article 233 § 1a of the Criminal Code (a regulation which is considered potentially unconstitutional). While discussing the figure of the “suspect”, the author analyzes terms such as “issuing” and “preparation” – in connection with Article 71 § 1 and 313 § 1 of the Criminal Code and the lack of agreement within the discipline regarding the precise time at which the statement of objections has been issued (which is connected with obtaining the position of the passive party to proceedings in criminal procedure).Moreover, the article discusses in some detail the legal standing of a person against which a motion has been presented, according to Article 354 of the Code of Criminal Procedure, regarding the discontinuation of proceedings and issuing preventive measures protecting the person of an insane perpetrator – in the context of nomenclature.
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Bagaskoro, Ladito. "REKONSEPTUALISASI JALUR KHUSUS DALAM RANCANGAN KUHAP SEBAGAI BENTUK REFORMASI SISTEM PERADILAN PIDANA INDONESIA." Arena Hukum 14, no. 1 (April 30, 2021): 193–209. http://dx.doi.org/10.21776/ub.arenahukum.2021.01401.10.
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Abstract 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.
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Suprun, Sergey, and Ranzendorj Ganbold. "Preliminary investigation of Russia and Mongolia: current problems of determination of content of the concepts «investigated case», «criminal case», «criminal prosecution», «termination of criminal proceedings»." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2019, no. 4 (December 25, 2019): 137–45. http://dx.doi.org/10.35750/2071-8284-2019-4-137-145.
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Article is devoted to a theoretical research of maintenance of the concepts «investigated case», «criminal case», «criminal prosecution» and «termination of criminal case» used in criminal prejudicial proceedings of Russia and Mongolia. The term «inquiry case» was introduced by the Mongolian legislator and entered criminal proceedings in 2017 with the entry into force of Mongolia’s new Code of Criminal Procedure. In the science of the criminal process of Mongolia, the term «investigated case» was not investigated, the content of the concept of «investigated case» was not disclosed by scientists procedural. In the criminal procedure legislation of Russia and Mongolia the maintenance of the concepts «investigated case», «criminal case», «criminal prosecution» and «termination of criminal case» has no standard fixing. These concepts are not basic concepts of the Code of Criminal Procedure of Russia and Mongolia, do not have an official judicial and departmental explanation. The concepts of «criminal case» and «termination of criminal case» were the subject of scientific research in Russia and Mongolia. The content of the above-mentioned concepts has different scientific interpretations, is debatable and prevents a uniform understanding of their essence in the theory and practice of criminal proceedings. On the basis of formal and logical, historical, comparative methods of a legal research authors allocate theoretical approaches to explanation of essence of maintenance of the concepts «investigated case», «criminal case», «criminal prosecution» and «termination of criminal case» of Russia and Mongolia. In particular, the content of the concepts of «investigation» and «criminal case» by the authors is considered on two sides: (a) as criminal procedure activities to establish the event of a crime and bring the perpetrator to criminal responsibility; (b) as a set of procedural documents certifying the progress and results of the criminal procedure activities of the preliminary investigation bodies, the prosecutor and the court. The concept of «termination of a criminal case» by the authors is considered on three sides: 1) as part of the branch of criminal procedure law (criminal procedure institute); 2) as a stage of activity of preliminary investigation bodies, prosecutor and court on termination of criminal case at the stage of preliminary investigation; 3) as a final procedural decision in a criminal case in pre-trial proceedings. Author’s formulation of maintenance of the concepts «investigated case», «criminal case», «criminal prosecution» and «termination of criminal case» became result of the conducted research, their legal status as basic concepts of the Code of Criminal Procedure is reasonable. A proposal has been made to entrench the concepts of «criminal case» and «termination of criminal case» in article 5 of the Code of Criminal Procedure of the Russian Federation. It is offered to include the concepts «investigated case», «criminal case», «criminal prosecution» and «termination of criminal case» in number of the basic concepts of the Code of Criminal Procedure of Mongolia and also to enter into the Code of Criminal Procedure of Mongolia the rules of law establishing the bases and an order of the termination of criminal prosecution of the preliminary investigation accused by production.
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Behruz oğlu İbrahimov, İbrahim. "The role and importance of extradition in the search and judgment of transmitted criminals." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 285–89. http://dx.doi.org/10.36719/2663-4619/65/285-289.
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One of the most important forms of cooperation used by states in the fight against transnational crime is the extradition of criminals. The extradition of offenders is the restoration of social justice in society, the acquisition of a deserved punishment, regardless of the whereabouts of the perpetrator, as well as the implementation of state functions aimed at the execution of the sentence imposed on him. On the other hand, the main purpose of extradition should not result in human rights violations, nor should it restrict people's right to life, liberty, and a fair trial. These criteria are enshrined in the 2000 UN Convention against Transnational Organized Crime. Key words: transnational crimes, mutual legal assistance, Criminal Code, Criminal Procedure Code, state sovereignty, responsibility of legal entities, international law, international criminal law, criminal jurisdiction
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Ramiyanto, Ramiyanto. "BUKTI ELEKTRONIK SEBAGAI ALAT BUKTI YANG SAH DALAM HUKUM ACARA PIDANA." Jurnal Hukum dan Peradilan 6, no. 3 (November 30, 2017): 463. http://dx.doi.org/10.25216/jhp.6.3.2017.463-484.
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The Criminal Procedure Code as a general criminal procedure does not recognize electronic evidence as one of the admissible types of evidence. In practice, electronic evidence is also used as an admissible evidence to prove the criminal offenses in court. From the results of the discussion it can be concluded that electronic evidence in criminal procedure law is a dependent evidence and an independent evidence (substitution of letter proof if it meets the principle of functional equivalent approach and expansion of evidence) as specified in several special laws and instruments issued by the Supreme Court. The electronic evidence is not regulated in the Criminal Procedure Code as a lex generalis, however, to achieve material truth it can also be used as a valid evidence for the provision of all types of criminal offenses in court. It is based on recognition in the practice of criminal justice, some special laws, and instruments issued by the Supreme Court.Keywords: electronic evidence, admissible evidence, criminal procedure code, proof
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Makaruku, Steven. "Pembuktian Penetapan Tersangka Dalam Persidangan Praperdilan." Jurnal Belo 4, no. 2 (February 28, 2019): 218–27. http://dx.doi.org/10.30598/belovol4issue2page218-227.
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The Criminal Procedure Code (KUHAP) is very different from Herziene Inlands Reglement (HIR), the Criminal Procedure Code adopts the principle of due process of law, which protects the rights of a suspect. Pretrial is an institution that oversees and can judge whether or not the act of determining the suspect conducted by the investigator is in accordance with the minimum principle of proof and in accordance with Article 183 and Article 184 paragraph (1) of the Criminal Procedure Code.
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Brusnitsyn, L. V. "About stage institute criminal proceedings." Russian Journal of Legal Studies 2, no. 3 (September 15, 2015): 158–61. http://dx.doi.org/10.17816/rjls18064.
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The article considers the problem, requiring a permit to stage a criminal case, and the shortcomings of the normative expression of this problem in the Criminal Procedure Code of the Russian Federation; also addresses certain aspects of authority in this stage of the inquiry under departmental acts of the Russian Federation Prosecutor’s Office, shows the need to bring those acts into line with the Criminal Procedure Code of the Russian Federation.
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Sunarmi, Mahmud Mulyadi, I. Made Dwi Krisnanda, Madiasa Ablisar,. "ANALISIS YURIDIS BUKTI DIGITAL (DIGITAL EVIDENCE) DALAM PEMBUKTIAN PERKARA TINDAK PIDANA UJARAN KEBENCIAN PADA PUTUSAN PENGADILAN NEGERI MEDAN NO. 3168/PID.SUS/2018/PN.MDN." Res Nullius Law Journal 3, no. 2 (July 29, 2021): 98–117. http://dx.doi.org/10.34010/rnlj.v3i2.3862.
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Law No. 8 of 1981 concerning the Criminal Procedure Code (hereinafter referred to as the Criminal Procedure Code), has set the evidence that can be done in front of the trial. Article 183 of the Criminal Procedure Code implies that a minimum of 2 (two) valid evidence are required. Article 184 paragraph (1) of the Criminal Procedure Code regulates valid evidence, namely: witness statements; expert statements; letter; instructions; and the statement of the defendant. However, since the trial of Jesica Kumala Wongso which was broadcast on television almost every day, it turns out there is one more proof that is not contained in the Criminal Procedure Code, namely: digital evidence. The object of this study is the Medan District Court Decision No. 3168/Pid.Sus/2018/PN.Mdn., Dated May 23, 2019, concerning the use of digital evidence An. Defendant HDL Alias ​​Himma for alleged "criminal acts of hate speech". Law No. 11 of 2008 as amended by Law No. 19 of 2016 concerning Amendments to the Information and Electronic Transaction Law which governs electronic evidence. The problems in this study, namely: the position of proof of digital evidence before the trial is associated with criminal conviction; use of digital evidence in criminal acts of hate speech on social media; and juridical analysis of digital evidence in proving criminal acts of hate speech in Medan District Court Decision No. 3168/Pid.Sus/ 2018/PN.Mdn.
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Grubač, Momčilo. "Beginning or continuance of the reform of Serbian criminal procedural law." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 83–96. http://dx.doi.org/10.5937/gakv0603083g.
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This Article represents author's reaction to the idea of initiating preparation of the new Serbian Criminal Procedural Law and achieving this goal in a short term of several months. The author thinks that this idea is uwustifiable for several reasons. Instead of drafting the new criminal code we shall take into consideration what has already been done, and we shall proceed with the reform by amending and supplementing the existing Criminal Code, by making it legally perfect in respect of several clearly defined issues, which obviously require such intervention. The author makes references to seven issues that require consideration in the reform of Serbian criminal procedural law. According to him it is necessary to: [1] make a final draft of the Criminal Code; [2] amend Criminal Code and add more detailed provisions on witness protection and protection of inured persons in the criminal procedure; [3] remove the provision on international criminal assistance and extradition from the Criminal Code and adopt a State Union law; [4] potentially change the model of investigation proceedings, by transferring investigation to the competence of the state prosecution or police and referring to the investigating judge so that he can only pass decisions on limitation of human rights during the proceedings; [5] re-evaluate once more whether the Criminal Code is in compliance with European Convention on protection of human rights and fundamental freedoms [6] harmonize the Criminal Code with later adopted constitutional provisions (Constitutional Charter 2003) and with the provisions of new Criminal Code 2005; [7] take into consideration justifiable objections of the court practice.
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Korcheva, T. V. "Topical problems of legislative regulation of defense mandatory participation in criminal proceeding." Problems of Legality, no. 152 (March 29, 2021): 124–34. http://dx.doi.org/10.21564/2414-990x.152.224398.
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For a certain category of persons in particular cases legislator provides for a special procedure of criminal proceedings as well as mandatory participation of a defender (Article 52, The Code of Criminal Procedure) to create additional person defense guarantees in criminal proceedings. The article is devoted to study of problem aspects of legislative regulation of defense mandatory participation in criminal proceedings. The importance of defense mandatory participation is emphasized as rendering legal aid to a person in criminal proceedings.
This article is devoted to study the importance of the mandatory participation of a defender in criminal proceedings and on the basis of obtained data, with due consideration of international standards of human rights protection in criminal proceedings, to submit substantiated author’s proposals as regards the expansion of the circle of grounds for the mandatory participation of a defender in Ukrainian criminal proceedings.
Within the topic of study we analyzed criminal procedural legislation in force, research works in this area, decisions of European Court oh Human Rights, aiming to reveal deficiencies in law and submit author’s proposals as regards their elimination.
According to normative sense of Article 52, The Code of Criminal Procedure of Ukraine, the article gives classification of the grounds for mandatory participation of a defender depending on: 1) consideration of severity of a crime; 2) consideration of personal data of a defendant held criminally liable; 3) peculiarities of criminal proceedings.
Proposals are presented aimed to improve legislative regulation of Ukrainian criminal procedural law. It is proposed to add one more reason connected to the circumstance that the defendant denies suspicion against him/her and/or denies his/her guilt in commission of criminal offense. The proposal consists in addition to Article 52, Part 2, The Code of Criminal Procedure of Ukraine of new Item 10 postulating the mandatory participation of a defender in criminal proceedings against persons who deny a suspicion as specified in Suspicion Notice on deny pleading guilty at court session.
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Kochoi, Samvel M. "Illegal Entrepreneurship (Article 171 of the Criminal Code of the Russian Federation): On Reform of the Criminal Law Provision." Advocate’s practice 2 (April 1, 2021): 52–57. http://dx.doi.org/10.18572/1999-4826-2021-2-52-57.
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The paper concludes that article 171 of the Criminal Code of the Russian Federation (as amended by Federal law No. 203-FZ of 26.07.2017) and the practice of its application are not only contradictory, but also contain certain shortcomings. Formulated proposals on the directions of changes and additions to the «business» norms of the Criminal Code and the Criminal Procedure Code of the Russian Federation. An exception from the Criminal Code article 171 and the qualification an act that falls under the «illegal business» according to article 198 or 199 of the Criminal Code of the Russian Federation is considered as one of these areas.
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Brkić, Snežana. "The Code of criminal procedure and measures for improvement of efficiency of the criminal procedure." Glasnik Advokatske komore Vojvodine 74, no. 9-10 (2002): 275–84. http://dx.doi.org/10.5937/gakv0210275b.
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Кравцова, Анастасия, and Anastasiya Kravtsova. "Limitations of Powers of Court of Cassation for Application of Part 6 Article 15 of the Criminal Code of the Russian Federation." Journal of Russian Law 2, no. 8 (September 22, 2014): 67–72. http://dx.doi.org/10.12737/5278.
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The article investigates the limits of power of the court of cassation instance on the application of Part 6 of Article 15 of the Criminal Code of the Russian Federation in the revision become enforceable judgments. Based on the analysis of criminal and criminal procedure norms the author comes to the following conclusions: Part 6 of Article 15 of the Criminal Code of the Russian Federation should be brought into conformity with paragraph 1 of Article 299 of Code of Criminal Procedure of the Russian Federation by a more precise definition of of procedural position of the person to may be applied this rule and streamlining sequence of actions court, in certain cases, the court of cassation may modify the judgment and apply the provisions of Part 6 of Article 15 of the Criminal Code of the Russian Federation.
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Barbu, Denisa. "A General Overview on the Ethics of Pre-trial Detention." Journal for Ethics in Social Studies 4, no. 1 (2020): 09–20. http://dx.doi.org/10.18662/jess/4.1/24.
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The measure of pre-trial detention is one of the five preventive measures regulated by the legislator in Title V of the general part of the new Criminal Procedure Code, adopted by Law no. 135/2010 and implemented on February 1st, 2014, along with detention, judicial control, judicial control on bail and house arrest. Preventive measures are institutions of criminal procedural law, and have a coercive character, aimed at the deprivation or the restriction of individual liberty, whereby the suspect or defendant is prevented from undertaking certain activities that would adversely affect the proper conduct of criminal proceedings or achieving the purpose of the criminal trial. Regarding the cases of pre-trial detention and the conditions that must be met in order to take the measure of pre-trial detention, it must be said that they result from the corroborated examination of the provisions of art. 202 para. 1 and 3, and art. 223 of the Criminal Procedure Code. Article 202 of the Criminal Procedure Code regulates the general conditions for taking preventive measures, in general, and the provisions of art. 223 of the Criminal Procedure Code regulates the specific conditions for taking the measure of pre-trial detention.
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Shpiliarevych, V. V. "Security Measures In Ukraine’ Criminal And Criminal Procedure Law." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 195–205. http://dx.doi.org/10.15330/apiclu.51.195-205.
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The article is dedicated to the study of security measures in criminal and criminal procedural law of Ukraine. Determined by the influence of integration and globalization processes, there is a tendency of convergence of various branches of law, including criminal and criminal procedural law. Therefore, the implementation of a modern effective policy in the field of crime prevention in Ukraine requires an improvement of existing preventive measures and development of new ones, both at the international and national levels. That is why, criminal and criminal procedure measures, namely security measures, play an important role in ensuring the protection of a person's interests against internal and external threats.
In particular, criminal-law security measures should be understood as a variety of measures of criminal nature, provided by the Criminal Code of Ukraine, which appliedn to a person, which is in «dangerous state», on behalf of the state on by reasonable court decision, in order to prevent the re-committing of a socially dangerous act, which predicted by the Special Part of the Criminal Code of Ukraine.
From a criminal procedural point of view, security measures (measures to ensure the safety of participants in criminal proceedings) - is the implementation of legal, organizational, technical and other measures aimed to protect life, health, housing, property, honor and dignity of a person against unlawful attacks, in order to create the necessary conditions for the proper administration of justice.
As a conclusion, the author states that the security measures existing in the criminal law of Ukraine differ from the security measures of criminal procedural character, by its nature, system, subjects to which such measures are applied, the purposes and aims of its application.
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Azarova, Ekaterina. "Court Discretion as Part of the Criminal Procedure Paradigm Structure." Legal Concept, no. 4 (December 2019): 166–73. http://dx.doi.org/10.15688/lc.jvolsu.2019.4.23.
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Introduction: the fundamental rights of citizens enshrined in the Constitution are accordingly reflected in the Code of Criminal Procedure of the Russian Federation. For more than fifteen years of the Code of Criminal Procedure application, the legislator has made about three hundred amendments that have increased its ambiguity and inconsistency. The very construct of its provisions is being built and in progress without a planned scientific and theoretical component of such building, without taking into account the empiricism of application. The Code of Criminal Procedure of the RSFSR was used as a constructive basis for the new law, where the stages of criminal process are the fundamental structure of the law. The presence and introduction of new types of judicial proceedings and related institutions as an additional “load” caused the “deflection” of the entire structure of the Criminal Procedure Code, the consequence of which was the increase of unceasing contradictions between the goals and objectives of criminal proceedings, its general conceptual provisions and the criminal process immediate stages. The author sets the purpose of the study, which consists in the justification of contradictions in the law. Methods: the methodological framework consists of the methods of historicism, systematicity, and comparative law. Results: grounded in the work the author’s point of view is based on the knowledge in criminal law. Conclusions: the study revealed that the court discretion is an integral part of the criminal procedure paradigm structure, as the perception by the court of the “truth” of the circumstances to be proved in a criminal case, interpreted by the opposite parties of the adversarial process, is only possible through the prism of assessing these circumstances by the court at its discretion, during the verification of evidence in a particular criminal case.
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SIMA, Luminita. "The Place and the Role of the Prosecutor in the Criminal Trial according to the New Code of Criminal Procedure." Logos Universality Mentality Education Novelty. Section: Law 03, no. 01 (December 5, 2014): 39–46. http://dx.doi.org/10.18662/lumenlaw.2014.0301.04.
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Isaenko, V. N. "Public Prosecution in the System of Criminal Procedural Functions." Actual Problems of Russian Law, no. 1 (January 1, 2019): 183–93. http://dx.doi.org/10.17803/1994-1471.2019.98.1.183-193.
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The paper discusses the concept and types of criminal procedural functions, analyzes the points of view of legal scholars who at various times formulated the corresponding definition. According to the author, the semantic content set by the legislator is set forth in Art. 5 of the Criminal Procedural Code of the Russian Federation is an important contribution to the improvement of the conceptual apparatus of criminal procedural law; it is intended to ensure uniformity of interpretation of the concepts they designate and, consequently, uniformity of action of the relevant criminal procedure institutions. At the same time, the Criminal Procedural Code of the Russian Federation has no definition of the concept of criminal procedure function. Based on the analysis of the norms of the Criminal Procedural Code of the Russian Federation and the opinions of jurists who expressed opinions on the concept of the criminal procedure function, it is proposed to include an additional clause in Art. 5 of the Criminal Procedural Code of the Russian Federation that would contain this concept in the proposed edition of the author. It is also proposed to divide the criminal procedural functions into two groups in connection with their performance by the participants of the criminal process both at the pre-trial and at the trial stages. The opinion is expressed on the independent nature of the function of assisting criminal proceedings carried out by its other participants, referred to in Ch. 8 of the Criminal Procedural Code of the Russian Federation. The content of the function of supporting public prosecution as a form and stage of criminal prosecution and its place in the system of other criminal procedure functions are analyzed. The author proposes a definition of the concept of public prosecution, which is considered as a necessary element and at the same time as a special form of the function of the prosecution in criminal proceedings. This activity differs significantly in terms of tasks, subject and conditions of execution from the accusatory activities of the investigating officer, investigator, body of inquiry in pre-trial proceedings.
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Боярская, Александра, and Aleksandra Boyarskaya. "Problems of Substantive Differentiation Conditions of Criminal Proceedings." Journal of Russian Law 4, no. 9 (August 29, 2016): 0. http://dx.doi.org/10.12737/21227.
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The article discusses current issues of differentiation of criminal proceedings. The character of the impact of criminal law on procedural form of summary court proceedings. The author successively examines the substantive basis of summary court proceedings of Russian criminal trial: a special order of the trial, a special procedure for the trial at the conclusion of the pre-trial agreement, judicial procedure under Art. 226.9 of the Code of Criminal Procedure, as well as in criminal cases of private prosecution. The author concludes that the specific substantive basis is not peculiar to each of these procedures. Legislators did not specify the substantive grounds of procedure under Sec. 40.1 Code of Criminal Procedure. The court proceedings under Art. 226.9 CPC RF does not have its own substantive basis. The article concludes that all above said demonstrates the destruction of classical chords, according to which the differentiation of criminal law determines the differentiation of criminal procedural law in sphere of differentiation of criminal procedural form. Nowadays, on the contrary, the differentiation of the criminal procedure is carried out more rapidly and dictates the transformation of criminal procedural law. The article also analyzes the causes and symptoms of this trend of development of modern legislation.
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Mashinskaya, N. V. "Analysis of the project “On amendments to certain legislative acts of the Russian Federation to provide the victim, suspect, accused with the possibility of reconciliation”." Penitentiary Science 14, no. 3 (2020): 362–67. http://dx.doi.org/10.46741/2686-9764-2020-14-3-362-367.
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The problem of legislative regulation of the procedure for reconciliation of the victim with the suspected, the accused until a certain time was only a subject of discussion in the scientific literature. At the same time the state’s need to find measures that can eliminate the consequences of crimes without the use of ordinary criminal procedures has actualized the work on introducing alternative methods of settling the criminal-legal conflict into criminal proceedings. Given the urgent need to apply this procedure in practice, the Interregional Public Center “Judicial and Legal Reform” has developed and posted on its website a draft federal law “On Amendments to Certain Legislative Acts of the Russian Federation to Provide the Victim, Suspect, and Accused with the Possibility of Reconciliation.” To implement the procedure for reconciliation in criminal proceedings, the drafters of the bill propose to include a new chapter in the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the Criminal Procedure Code of the Russian Federation). The author of the article critically evaluates the attempt due to the inconsistency of a number of novels, their uncertainty and inconsistency with the norms of the criminal procedure law. To eliminate the existing shortcomings, it is proposed to provide a separate article defining the procedural status of the conciliator and to include the specified rule in Ch. 8 of the Criminal Procedure Code of the Russian Federation. As a guarantee of the right of the victim, suspect, accused to reconciliation, the introduction of an appropriate addition to the criminal procedure norms governing the legal status of the named participants in criminal proceedings is considered.
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Borovyk, Anna. "FORENSIC CHARACTERISTICS OF VIOLENT CRIMES COMMITTED ON THE GROUNDS OF RACIAL, NATIONAL OR RELIGIOUS INTOLERANCE, AND ITS CONNECTION WITH THE SUBJECT OF PROOF." Ukrainian polyceistics: theory, legislation, practice 2, no. 2 (2021): 109–18. http://dx.doi.org/10.32366/2709-9261-2021-2-2-109-118.
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The article is devoted to the concept of forensic characterization of violent crimes committed on the basis of racial, national and religious intolerance, and its main structural elements that are most important in the detection and investigation of crimes in this category. It is noted that the forensic characterization of crimes is a system of general data, information or information about typical features (structural elements) of a certain type of crime, which are important in the investigation and detection of criminal offenses of a particular type. Among the most important elements that are important during the pre-trial investigation of this category of crimes, we have identified the following: the identity of the offender, with his mental activity, which includes a special motive for committing a criminal offense - intolerance; the person of the victim; the subject of criminal encroachment; the manner of committing the crime in the broadest sense; trace picture. The article reveals the concept of the subject of proof and emphasizes that it fully covers Article 91 of the Criminal Procedure Code of Ukraine, concerning the general procedure for proving in the investigation of violent crimes committed on the grounds of racial, national and religious intolerance. Emphasis is placed on the fact that among criminals who commit violent crimes on the grounds of racial, national or religious intolerance, there are minors, which is why, along with the general circumstances covered by Article 91 of the Criminal Procedure Code of Ukraine, are subject to the establishment in criminal proceedings of circumstances that relate directly to minors and provided for in Article 485 of the Criminal Procedure Code of Ukraine. The article examines the relationship between the forensic characterization and the subject of evidence, and substantiates that the forensic characterization serves as an information base for the circumstances that are part of the subject of proof.
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Boyarskaya, Alexandra Vladimirovna. "THE OBSTRUCTION OF THE ADMINISTRATION OF JUSTICE AND PRELIMINARY INVESTIGATION: PROBLEMS OF THE OBJECT AND THE OBJECTIVE SIDE." Law Enforcement Review 2, no. 2 (October 2, 2018): 97–105. http://dx.doi.org/10.24147/2542-1514.2018.2(2).97-105.
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The subject. The article is devoted to the investigation of the main direct object and the circle of victims are subjected of harm by criminal acts stipulated by pts. 1, 2 of art. 294 of the Criminal Code of the Russian Federation.The purpose of the paper is to identify does the art. 294 of Criminal Code of the Russian Federation meets the other provisions of criminal procedure legislation.The methodology of research includes methods of complex analysis, synthesis, as well as formal-logical, comparative legal and formal-legal methods.Results and scope of application. The content of art. 294 of the Criminal Code of the Russian Federation does not comply with the provisions of the criminal procedure law. The discrep-ancy lies in terms of the range of participants in criminal proceedings and the functions performed by them, as well as the actual content and correlation of such stages of criminal proceedings as the initiation of criminal proceedings and preliminary investigation. In addi-tion, the current state of art. 294 of the Criminal Code of the Russian Federation does not take into account the ever-widening differentiation of criminal proceedings.The circle of victims listed in pt. 2 of art. 294 of the Criminal Code of the Russian Federation should be supplemented by such participants in the criminal process as a criminal investi-gator, the head of the investigative body, the head of the inquiry department, the head of the body of inquiry. At the same time, the author supports the position that the criminal-legal protection of the said persons should cover not only their activities at the stage of preliminary investigation, but also of the entire pre-trial proceedings as a whole.The circle of criminal acts provided for in art. 294 of the Criminal Code of the Russian Fed-eration, should also be specified with an indication of encroachment in the form of kidnapping, destruction or damage to such a crime as materials of criminal, civil and other cases, as well as material evidence.Conclusions. The content of art. 294 of the Criminal Code of the Russian Federation does not comply with the provisions of the criminal procedure law. The author formulates the conclusion that the circle of victims listed in pt. 2 of art. 294 of the Criminal Code should be broadened and joins the position that the criminal-legal protection of these persons should cover not only their activities at the stage of preliminary investigation, but also of the entire pre-trial proceedings as a whole.
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Żylińska, Justyna. "Karnoprocesowa ochrona małoletniego pokrzywdzonego w sprawach o przestępstwa przeciwko wolności seksualnej i obyczajności — kilka uwag na tle nowelizacji wprowadzonej ustawą z dnia 13 czerwca 2013 r. o zmianie ustawy — Kodeks karny oraz ustawy — Kodeks postępowania karnego." Nowa Kodyfikacja Prawa Karnego 39 (November 22, 2016): 85–105. http://dx.doi.org/10.19195/2084-5065.39.6.
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Protection of a minor victim under the penal law in cases concerning crime against sexual freedom and morality — a few comments against the background of the amendments introduced by the updated Act dated 13 June, 2013 Amending the Act — The Penal Code and the Act — The Criminal Procedure CodeThe article discusses issues linked with the protection of a minor victim in cases against sexual freedom and morality in the context of amendments introduced by the Act dated 13 June, 2013 Amending the Act — The Penal Code and the Act —The Criminal Procedure Code which took effect on 27 January, 2014 and introduced major amendments into the Criminal Procedure Code including the content of Art. 185a of the Criminal Procedure Code regulating the manner of examination of a minor victim who at the moment of the hearing is under 15 in proceedings concerning crimes referred to therein, among other things in the proceedings against sexual freedom and morality. Subject to analysis, particularly in the context of the aforesaid amendments, are the following issues:— scope of application of the regulations of Art. 185 a of The Criminal Procedure Code,— principle of single time examination of a minor victim in cases concerning crimes against sexual freedom and morality, — authority with a legal entitlement to interview a minor victim and other entities participating in the examination,— strategy for interviewing a minor victim in light of the Regulation of the Minister of Justice dated 18 December 2013 on the Preparation of the Interview Carried out in the Manner Referred to in Art. 185a–185c of the Criminal Procedure Code and the rules for recording the examination.
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Kulev, A. G., and L. O. Kuleva. "Classification of crimes in designing criminal procedure regulations." Actual Problems of Russian Law, no. 2 (February 1, 2019): 130–37. http://dx.doi.org/10.17803/1994-1471.2019.99.2.130-137.
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The rules on categorization of crimes are substantive and legal by their nature. Nevertheless, they have a great influence on the state and development of criminal procedural matter. It is proposed to divide the provisions of the Criminal Procedural Code of the Russian Federation, which reflect the provisions of Art. 15 of the Criminal Code of the Russian Federation, into two groups. The first group includes the norms of criminal proceedings that are a kind of logical continuation of criminal law regulations related to exemption from criminal liability and punishment. The second group consists of strictly procedural rules that are not directly dependent on the substantive law: the composition of the bench, jurisdiction and competence of criminal cases, bail hearing, negotiations control and recording, the return of a criminal case to the prosecutor. Particular attention is given to the possibility for the court to change the classification of crimes. Based on the studied theoretical sources and court practice, the authors make suggestions aimed at improving the existing criminal procedure legislation and optimizing its application in the framework of the issues raised.
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Nepomnyashchaya, Tatiana, and Alexander Tebenkov. "SPECIAL RULES OF MITIGATION OF PUNISHMENT IN CASE OF THE CONCLUSION OF THE PRE-TRIAL COOPERATION AGREEMENT, AT THE SPECIAL PROCEDURE OF FOR THE TRIAL AND AT THE SHORTENED ORDER OF INQUIRY." Law Enforcement Review 1, no. 4 (January 10, 2018): 148–57. http://dx.doi.org/10.24147/2542-1514.2017.1(4).148-157.
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The subject. The article analyzes the rules for the appointment of punishment in the case of a pre-trial cooperation agreement, with a special procedure for the trial and with a shortened procedure of conducting inquiry, regulated by art. 62 of the RF Criminal Code “Turning out a Sentence when Mitigating Circumstances Exist”. The authors give an answer to two questions: 1) Does the legal nature of these institutions correspond to the legal nature of mitigating circumstances; 2) Is it advisable to consolidate in a one article of the law different legal regulations.Methodology. Authors use such researching methods as analysis and synthesis, formally legal, comparative legal.Results. Rules for the appointment of punishment in the conclusion of a pre-trial cooperation agreement, stipulated by the pt. 2, 4 of art. 62 of the RF Criminal Code, regulate not the order of accounting for mitigating circumstances, but the legal consequences associated with the promotion of a person, which concluded and executed a pre-trial cooperation agreement, that does not correspond to the legal nature of the pt. 1, 3 of art. 62 of the RF Criminal Code.The legal nature of the rules for the appointment of punishment, established in pt. 5 of art. 62 of the RF Criminal Code, also does not correspond to the legal nature of the rules for the imposition of punishment in the presence of mitigating circumstances, because mitigation of punishment occurs on criminal procedural grounds, which are not mitigating circumstances.Conclusions. In authors opinion, fastening in art. 62 of the RF Criminal Code of three independent rules for the imposition of punishment, namely, the rules for the imposition of punishment in the presence of mitigating circumstances (pt. 1, 3 of art. 62 of the Criminal Code), at the conclusion of a pre-trial cooperation agreement (pt. 2, 4 of art. 62 of the Crim-inal Code), with a special order of the trial and a shortened procedure for conducting an inquiry (pt. 5 of art. 62 of the Criminal Code) is unreasonable and inexpedient, because these rules have a different legal nature.Formalized limits of mitigation imposed at all parts of art. 62 of the Criminal Code of RF, are not connected with each other.Rules for the imposition of punishment in the conclusion of a pre-trial cooperation agreement, with a special procedure for the trial and a shortened procedure for conducting inquiry have to be deleted from art. 62 of RF Criminal code and have to be consolidated at separate articles of the Criminal Code.
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Yavorska, Viktoriia. "Reasons for amending the Criminal Procedure Code of Ukraine." Entrepreneurship, Economy and Law 6 (2019): 296–300. http://dx.doi.org/10.32849/2663-5313/2019.6.55.
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Grubač, Momčilo. "Regarding the new Code of criminal procedure of Montenegro." Pravni zapisi 1, no. 1 (2010): 150–70. http://dx.doi.org/10.5937/pravzap1001150g.
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Хайдаров, Альберт, and Albert Khaydarov. "Definition of “Permission” in Russian Criminal Procedure." Journal of Russian Law 4, no. 10 (September 19, 2016): 0. http://dx.doi.org/10.12737/21545.
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The article deals with the definition of “consent” which understands as a the permission of the head of the investigative body for the production of the investigator or the resolution of the Prosecutor on the production of the investigator the corresponding investigative and other procedural actions and to their adopting procedural decisions in accordance with the paragraph 41.1 of article 5 of the Criminal Procedure Code. The author discovered a lack of conformity between the legal definition of “consent” and its use in the text of the Criminal Procedure Code. The definition of “consent” was examined in present article in its broadest sense, it was filled with new content, different from mentioned in paragraph 41.1 of article 5 of the Criminal Procedure Code. About the definition of "consent" was considered in the article as: 1) the power of the officials (authority), court (judge); 2) the right of a party to criminal proceedings to give consent to the production of the procedural actions or procedural decision; 3) condition of procedural agreements or condition for the adoption of procedural decisions; 4) consent of the two States on issues of international cooperation or the consent of the foreign state in bringing the citizen to criminal responsibility in Russia.
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Kowalczyk, Piotr. "Konsensualne zakończenie postępowania przygotowawczego w trybie art. 355 k.p.k." Nowa Kodyfikacja Prawa Karnego 50 (June 13, 2019): 69–80. http://dx.doi.org/10.19195/2084-5065.50.5.
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Consensual conclusion of preliminary proceedings under Article 355 of the Code of Criminal ProcedureThe paper focuses on in-court settlement under Article 335 of the Code of Criminal Procedure and its procedural consequences. In particular, the author presents the findings of theory and practice resulting from an analysis of case law concerning the functioning of the consensual mode of proceedings in the Polish Criminal procedure.