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Journal articles on the topic 'Criminal procedure (Roman law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 July 2024

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1

Szczygielski, Krzysztof. "ROMANISTYKA POLSKA W LATACH 1918-1945 (PRZEGLĄD BIBLIOGRAFII)." Zeszyty Prawnicze 10, no. 2 (2016): 355. http://dx.doi.org/10.21697/zp.2010.10.2.22.

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ROMAN LAW STUDIES IN POLAND IN THE YEARS 1918-1945 (REVIEW OF BIBLIOGRAPHY) Summary In Roman law studies in Poland there is no complete list of the works published in the years 1918-1945 by scholars dealing with Roman law. The scientific output of the Polish researchers was presented by Rafał Taubenschlag in the article, Gli studi di diritto romano in Polonia nel secolo XX, [in:] Gli Studi Romani nel Mondo, volume III, Roma 1936, p. 247-268, but he focused mainly on discussing the major works. An attempt to show the achievements of Roman law studies in Poland on a comprehensive basis was under

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Amielańczyk, Krzysztof. "Cognitio extra ordinem Procedure in the Roman Public Criminal Law." Studia Iuridica Lublinensia 25, no. 3 (2017): 41. http://dx.doi.org/10.17951/sil.2016.25.3.41.

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Aryamov, A. A. "ADMINISTRATIVE PREJUDICE IN CRIMINAL LAW AND REQUIREMENTS OF LEGAL TECHNOLOGY." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 3 (2) (2022): 3–12. http://dx.doi.org/10.37279/2413-1733-2021-7-3(2)-3-12.

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In this article, the author, based on the heritage of Roman law and the general theory of law, analyzed the corresponding links between such branches of law as criminal law, criminal procedure law, civil procedure law… in the prism of the formation and use of the term «administrative prejudice»; came to the conclusion that such a prejudice is not, and the content embedded in this term more corresponds to the general legal concept of «predication».

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Giltaij, J. "The problem of the content of the lex Iulia iudiciorum publicorum." Tijdschrift voor Rechtsgeschiedenis 81, no. 3-4 (2013): 507–25. http://dx.doi.org/10.1163/15718190-08134p07.

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The lex Iulia iudiciorum publicorum (‘Julian law regarding public criminal trials’) was enacted during the reign of Augustus. It is generally assumed the lex purely pertained to procedural aspects of the quaestio-trial. But did the lex Iulia iudiciorum publicorum only entail provisions valid for the public criminal procedure, or did the law state provisions relevant for specific crimina separately? Through reassessing various Roman legal texts in which the lex Iulia iudiciorum publicorum is mentioned and comparing these with the epigraphical evidence, it becomes apparent the lex Iulia iudicior

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Chmiel, Andrzej. "Reus vel suspectus? O pozycji oskarżonego i podejrzanego w rzymskim procesie karnym." Studia Iuridica Lublinensia 30, no. 2 (2021): 63. http://dx.doi.org/10.17951/sil.2021.30.2.63-79.

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<p>This article aims to answer the question whether such a participant who can be described as the suspect was known in the Roman criminal procedure. The analysed procedure, especially of bringing a charge in the proceedings before <em>quaestiones</em>, as well as the examples of criminal cases settled within the framework of <em>cognitio</em>, quoted in this paper,<em> </em>confirm that<em> </em>the Romans distinguished between the accused and the suspect, even though they did not develop separate terms and definitions to identify these tw

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Kołodko, Piotr. "‘LEX CALPURNIA DE PECUNIIS REPETUNDIS’ I JEJ ZNACZENIE DLA EWOLUCJI RZYMSKIEGO PRAWA KARNEGO." Zeszyty Prawnicze 11, no. 1 (2016): 137. http://dx.doi.org/10.21697/zp.2011.11.1.08.

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THE LEX CALPURNIA DE PECUNIIS REPTETUNDIS AND ITS INFLUENCE ON THE EVOLUTION OF ROMAN CRIMINAL LAW Summary This paper concerns the contribution to Roman Criminal Law which has been undoubtedly done by lex Calpurnia de pecuniis repetundis. There is a possibility of presenting three aspects of the influence. The establishment of a first standing court (quaestio perpetua) should be perceived as a most outstanding achievement of the lex Calpurnia de pecuniis repetundis. In the later period (until Sulla dictatorship) quaestio perpetua de repetundis was treated as an example for the other standing c

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Jońca, Maciej. "Rzymski proces cywilny i rzymski proces karny Rzymian w ujęciu ks. prof. Stanisława Płodzienia (uwagi na marginesie maszynopisu BU KUL 1443A)." Miscellanea Historico-Iuridica 22, no. 1 (2023): 419–34. http://dx.doi.org/10.15290/mhi.2023.22.01.16.

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The Special Collections Department of the University Library of the Catholic University of Lublin preserves the legacy of the Podlasie-born Romanist Rev. Prof. Stanisław Płodzień. The author taught Roman and Canon Law at the Catholic University of Lublin in the 1950s and early 1960s. However, his promising career was interrupted by his sudden death in 1962. Among the unpublished materials he left behind is a script prepared for first-year students of canon law, entitled „The Roman Civil Trial”. This is a valuable find, since in the 19th and 20th centuries only two monographs on the Roman civil

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Brélaz, Cédric. "The Provincial Contexts of Paul’s Imprisonments: Law Enforcement and Criminal Procedure in the Roman East." Journal for the Study of the New Testament 43, no. 4 (2021): 485–507. http://dx.doi.org/10.1177/0142064x21989658.

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This article explores the legal contexts which led to the multiple imprisonments experienced by the Paul of the letters (as attested in particular by Phil. 1.13) and depicted also in Acts, contrasting these with the numerous occasions where the apostle faced opposition or even violence from local populations and authorities without being jailed. By looking at the realities of law enforcement operations and criminal procedures in the Eastern provinces of the Roman Empire, this article helps reassess two major issues with regard to the rise of Christ-groups from the middle of the first to the be

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Ersoy, Muhammet Ebuzer. "INTERNATIONAL LAW OF SEA PIRACY." International Journal of Law Reconstruction 3, no. 2 (2019): 86. http://dx.doi.org/10.26532/ijlr.v3i2.7791.

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Sea piracy, or piracy, is robbery conducted in sea, or sometimes in beach. It could be said that history of piracy occurs simultaneously with history of navigation. Where there are ships transporting merchandise, appears pirates are ready to have it forcibly. It has been known since the time of the occurrence of piracy Greece ancient. Included in the era Roman republic experienced piracy by the sea robbers. Since then they plow all the ships that are currently floating in the ocean near Borneo and Sumatra. However, the best in its long history written on 16th-17th century and it called as the

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Nalutsyshyn, V. V., and V. V. Nalutsyshyn. "Basic models of building pre-trial investigation as a stage of criminal proceedings in foreign countries." Analytical and Comparative Jurisprudence, no. 1 (March 20, 2024): 604–10. http://dx.doi.org/10.24144/2788-6018.2024.01.106.

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One of the main areas of development of criminal procedure legislation has been, and still is, the differentiation of criminal proceedings into pretrial and trial stages. The author notes the current trends in national criminal procedure legislation aimed at optimising the procedure for investigating criminal cases and reducing the timeframe for their investigation. The desire for democratisation of the criminal procedure doctrine, strengthening of the guarantees of admissibility of evidence, adversarial process, and changes in the process model itself, along with the fundamental trends in th

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Chmiel, Andrzej. "Defence Right of the Accused and the Evidence from Slave’s Testimony in the Roman Criminal Procedure." Studia Iuridica Lublinensia 30, no. 5 (2021): 107–21. http://dx.doi.org/10.17951/sil.2021.30.5.107-121.

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Zabłocka, Maria. "OSIĄGNIĘCIA POLSKICH ROMANISTÓW W CIĄGU OSTATNICH DWÓCH LAT (2006/2007 – 2007/2008)." Zeszyty Prawnicze 8, no. 2 (2017): 7. http://dx.doi.org/10.21697/zp.2008.8.2.01.

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Polish Romanistic Research in the Last Two Years (2006/2007 – 2007/2008)SummaryThe article presents publications of Polish romanists published in the last two academic years. They include editions of the sources, their translations accompanied by commentaries, as well studies on Roman private law covering the law of persons, family law, law of property, succession, obligations and procedure. An important part of the recent studies is devoted to public law: above all criminal law and broadly understood administrative law. Several authors addressed the problem of the influence of Roman law on th

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Svoboda, Timon. "Historický vývoj presumpce neviny." PRÁVNĚHISTORICKÉ STUDIE 53, no. 1 (2023): 149–63. http://dx.doi.org/10.14712/2464689x.2023.10.

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The article provides a comprehensive overview of the historical development of the presumption of innocence, the basic principle of criminal proceedings and basic human right, from ancient times to its first explicit anchoring on the territory of Czechoslovakia in the 1950s. It shows that the roots of the presumption of innocence can be found in antiquity, especially in Roman law. In the medieval inquisitional procedure, this principle was suppressed, only to be rediscovered later for continental Europe as a result of the inspiration of the English criminal process and enshrined in particular

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Azarenok, Nikolay. "Methodological Foundations for Determining the Goal of Russian Criminal Proceedings." Russian Journal of Criminology 16, no. 5 (2022): 611–20. http://dx.doi.org/10.17150/2500-4255.2022.16(5).611-620.

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The author states that modern social development is based on humanistic ideas, which underpin the policy for the liberalization of modern criminal and criminal procedure legislations, and analyzes the corresponding amendments to the Criminal Code and the Criminal Procedure Code of the Russian Federation. This analysis proves the relevance of researching the methodological foundations of determining the goal of Russian criminal proceedings. As philosophy teaches us, the goal of any activity is determined by external factors and should thus be derived from them. At the same time, the organizatio

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ΚΑΡΑΜΠΟΥΛΑ, Δήμητρα Π. "Sed iuxta legis severitatem congruenti poena ulciscetur (Kατά την του νόμου αυστηρότητα θα κολάσει δια προσφόρου ποινής)". BYZANTINA SYMMEIKTA 22 (8 лютого 2013): 173. http://dx.doi.org/10.12681/byzsym.1051.

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Late Antiquity, or rather the post classical period, the Dominate, is a term familiar especially to legal historians; it means the final period of Roman iurisprudence. Apart of that it is a crucial period of change and transition in the history of the Roman Empire where each and every one challenge to imperial authority elicited an energetic response. It is a well documented period especially in contrast to the dearth of the mid-third century. There is a notable richness in the variety and number of imperial texts, deriving from legal sources. Those texts prove that legal science did not die w

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Jońca, Maciej. "POENA CULLEI. KARA CZY RYTUAŁ?" Zeszyty Prawnicze 5, no. 1 (2017): 83. http://dx.doi.org/10.21697/zp.2005.5.1.04.

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Poena cullei. Penalty or Ritual?SummaryPoena cullei appears to have been one of the most severe and cruel penalties in Roman criminal law. A convict was sewn up in a leather sack and drowned either in the river or in the sea. This sort of punishm ent was mainly inflicted on kin-murderers, which finds its reflection in numerous ancient sources which describe it as poena parricidi. Kin-murderers are claimed to have been liable to such retribution since the punic wars, and this sanction remained effective all throughout the period of Roman state.The sack penalty was more an act of a purification

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Azarenok, Nikolay V. "Conditionality of Anglo-Saxon and Romance-Germanic types of criminal procedure." Vestnik Tomskogo gosudarstvennogo universiteta, no. 478 (2022): 212–17. http://dx.doi.org/10.17223/15617793/478/25.

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The aim of the article is to establish the factors that led to the emergence of the Anglo-Saxon and Romance-Germanic types of criminal procedure. In accordance with the aim, first of all, the conceptual apparatus is determined, in particular, such categories as “model”, “type”, and “form” of the criminal procedure. The author notes that these categories are based on the original conditions of life, which determined in their totality the mentality of the population living there and formed separate nations from it. In this connection, the reasons for the emergence in Europe of two fundamentally

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Whitman, James Q. "Gastbeitrag: A Letter from America." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung 132, no. 1 (2015): 441–62. http://dx.doi.org/10.7767/zrgga-2015-0114.

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This contribution describes the life and work of an American law professor who writes about European legal history. It is a sad truth that American interest in European scholarship has been in steady decline for some decades. The author remains a believer in the fundamental importance of European legal history despite that; the contribution describes his quarter century of research in the United States, and his efforts, not always successful, to convince his colleagues that Europe matters. After beginning his career working on the German history of Roman law, the author was drawn into topics t

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Kolosovich, Marina Sergeevna, Lyudmila Vladimirovna Popova, Anna Fedorovna Zotova, Maria Mikhailovna Bondar, and Olga Sergeevna Shamshina. "Investigator’s covert-nature procedural activities." SHS Web of Conferences 108 (2021): 04011. http://dx.doi.org/10.1051/shsconf/202110804011.

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Over the years, most of the Russian processualists denied the investigator’s right to engage in actions of covert nature and deemed it impossible to integrate the norms of criminal intelligence legislation in the Code of Criminal Procedure of the Russian Federation adopted on 18.12.2001 No. 174-FZ, rightly referring to the impossibility to vest a single duty-bearer engaged in a preliminary investigation with unprecedented powers. Meanwhile, the latest decades have been marked by active legislative activity in many countries, which in fact has turned covert criminal intelligence and surveillanc

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Azarenok, Nikolay. "A Comparative Legal Aspect of the Normative Definition of the Purpose of Criminal Procedure Activities." Russian Journal of Criminology 15, no. 3 (2021): 392–400. http://dx.doi.org/10.17150/2500-4255.2021.15(3).392-400.

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Human activity lies at the foundation of all social processes. The successful development of humanity as a whole depends on its orderly and organized character. An analysis of the structure of activity shows that scholars have not reached consensus on this point. The concept is described through such components as the goal, motives, interests, needs, means, result and the very process of activity. At the same time, philosophers agree that at its highest level of generality, activity is characterized through the prism of its goal and means. Choosing a goal to the achievement of which a person

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Nowicka, Dobromiła. "Pochodzenie a wiarygodność świadka w rzymskich procesach karnych w świetle wybranych mów Cycerona." Prawo 328 (January 14, 2020): 25–40. http://dx.doi.org/10.19195/0524-4544.328.2.

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The origin and credibility of a witness in the Roman criminal procedure in the light of selected speeches by CiceroThe article is devoted to an analysis of the significance of a witness’ origin to his credibility in the Roman criminal procedure on the basis of selected speeches by Cicero — Pro Fonteio, Pro Scauro and Pro Flacco. The extensive use of arguments relating to the nationality of witnesses testifying against the orator’s clients suggests that such references may have been important in the assessment of the credibility of their testimony, despite the fact that formally Roman law did n

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Mykytyn, Yu I. "Defining Approaches To The Classification Of Criminal Procedure Policies Of EU Member States." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 166–77. http://dx.doi.org/10.15330/apiclu.51.166-177.

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This article analyzes the approaches to the classification of criminal procedural policiesof EU Member States. The basic variants of classifications of models (types) of criminal procedure policies of the EU Member States are investigated. It is considered that in the context of defining approaches to the classification of criminal procedural policies of the Member States of the European Union, it would be optimal to simultaneously use the terms «model» and «type» of criminal procedural policy as universal synonymous categories, that reflecting both European and Ukrainian legal tradition

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Slinko, Dmytro, Kateryna Slinko, and Dmytro Filin. "GENERAL AND SPECIAL THEORY OF THE CRIMINAL PROCESS OF UKRAINE." Journal of V. N. Karazin Kharkiv National University, Series "Law", no. 31 (August 4, 2021): 92–98. http://dx.doi.org/10.26565/2075-1834-2021-31-13.

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Introduction. The criminal process in Ukraine is based on the basic principles of legal theories of Anglo-Saxon law. Adversarial proceedings are defined as a criminal lawsuit, on the basis of which the investigator is obliged to initiate criminal proceedings and support public prosecution. A retrospective analysis of the theoretical constructions of general theories of the criminal process in Ukraine shows their construction on the basis of Romano-Germanic provisions of continental Europe, where the basis is the publicity of the process and criminal prosecution by criminal justice authorities.

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Shamsutdinov, Marat Minefaetovich. "Experience in regulating the examination in the criminal process of Germany and Switzerland." Юридические исследования, no. 5 (May 2022): 1–12. http://dx.doi.org/10.25136/2409-7136.2022.5.37975.

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The article aims to highlight the experience of individual foreign countries (Germany and Switzerland) in the legal regulation of such a specific institution of criminal procedure law as examination. The object of this study is criminal procedural legal relations arising during the production of a visual examination of a living person's body in order to obtain information relevant to a criminal case. The subject of the study is the norms of the criminal procedure legislation of Russia, Germany and Switzerland, regulating the grounds and procedure for the production of this investigative action

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Pikh, Yurii. "THE CONCEPTS OF TRUTH AND THEIR IMPLEMENTATION IN THE CRIMINAL PROCEEDINGS OF THE COMMON LAW AND CONTINENTAL LAW SYSTEMS." Visnyk of the Lviv University. Series Law 73, no. 73 (2021): 161–76. http://dx.doi.org/10.30970/vla.2021.73.161.

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The article provides a comprehensive analysis of the concepts of truth and their legislative implementation in the criminal proceedings of the common law and continental law systems on the example of the United States of America as a basic representative of the Anglo-American (common) law system, as well as the Federal Republic of Germany, the French Republic and Ukraine as typical representatives of the Romano-Germanic (continental) law system. The author's analysis of the legislation regulating the criminal proceedings of foreign states, including both representatives of the continental law

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McLaughlin, Colin. "The Sui Generis Trial Proceedings of the International Criminal Court." Law & Practice of International Courts and Tribunals 6, no. 2 (2007): 343–54. http://dx.doi.org/10.1163/156918507x217585.

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AbstractIt may be difficult to place trial proceedings of international criminal tribunals on the spectrum of classical trial paradigms even though common law and Romano-Germanic law differences are most obvious in that phase of a trial. It is important to understand the history, and compare the procedural underpinnings, of the different aspects of the International Criminal Court (ICC) trial proceedings. This article will highlight the sui generis nature of the ICC trial proceedings. In doing so, it will show how the two main legal systems of the world have been combined to create pertinent a

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Jońca, Maciej. "Mulier accusatrix in the Laudatio Turiae." PRÁVNĚHISTORICKÉ STUDIE 54, no. 1 (2024): 9–18. http://dx.doi.org/10.14712/2464689x.2024.2.

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Legal sources relating to the imperial period (especially Justinian’s Digesta) show that Roman criminal law allowed women to bring criminal charges only in exceptional situations. On the other hand, to prosecute the murderer of a relative was considered a sacred duty for the members of the victim’s family. Any negligence in this area was perceived as wicked behaviour and detrimental to the memory of the deceased. The obligation to bring a criminal charge, symbolically identified with vengeance (ultio, vindicta), rested with men. The surviving funeral eulogy known as the Laudatio Turiae shows a

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Komarnytsky, Oleg. "FOREIGN EXPERIENCE OF APPLICATION OF JUDICIAL FINE AS ANOTHER MEASURE OF CRIMINAL LEGAL NATURE." Law Journal of Donbass 73, no. 4 (2020): 20–26. http://dx.doi.org/10.32366/2523-4269-2020-73-4-20-26.

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The article analyzes the provisions of the current Criminal Codes of the countries of the Romano-Germanic legal family on the conditions and procedure for applying a court fine as another measure of a criminal-legal nature. The article considers the normative possibility of exemption from criminal liability due to certain procedural circumstances. It is concluded that within the framework of modern criminal law of a small number of individual states, there are two main types of exemption of a person from criminal liability by paying him a judicial or a similar fine. It is concluded that the in

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Tatarinov, Matvey K., Nastasia M. Britsyna, and Ekaterina V. Kovshikova. "Common differences between the Anglo-American and Romano-Germanic legal systems as the main extralinguistic factors in verbalization of criminal and criminal procedural law." Филология: научные исследования, no. 6 (June 2020): 9–20. http://dx.doi.org/10.7256/2454-0749.2020.6.33097.

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This work examines the fundamental differences between legal systems, defining uniqueness of the Russian-language and English-language criminal legal discourses, which should be taken into consideration during communication. Moving general-to-specific, the authors analyze the main differences at the legal system level, directly impacting translation of criminal procedural terminology (primary source of law, its role in formation of juridical technique, etc.), and concentrate their attention on the unique traits of lingual and non-lingual element (idea of the criminal legal system, ways of verb

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Richardson, J. S. "The Purpose of the Lex Calpurnia de repetundis." Journal of Roman Studies 77 (November 1987): 1–12. http://dx.doi.org/10.2307/300571.

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In 149 B.C. the tribune L. Calpurnius Piso proposed a law which was to have momentous consequences for the legal, political and administrative history of the Roman republic. It was his lex de rebus repetundis which first established the practice of trial before a quaestio perpetua, a jury, drawn from a panel of jurors who had always to be available, which became the standard procedure for criminal cases in the late republic. For over fifty years, from the first tribunate of C. Gracchus in 123 to the passing of the Lex Aurelia in 70, such courts were to provide a political storm-centre as vario

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Shafat, Shoval. "Why Repentance Affects Divine Punishment but Not Human Punishment?" Journal of Law, Religion and State 4, no. 1 (2015): 96–115. http://dx.doi.org/10.1163/22124810-00401003.

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The aim of the discussion in this article is to explore two different Rabbinic explanations for the status of repentance in human and divine punishment, and to emphasize the essential distinction between them. According to the first explanation the source of accepting repentance is divine mercy upon human beings. Since mercy is not a legitimate consideration in conviction or even in determination of punishment in Jewish criminal law there is no wonder why repentance does not have any role during the criminal procedures in rabbinic court. According to the second explanation the acceptance of re

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Góralski, Wojciech. "Problematyka niezdolności konsensualnej do zawarcia małżeństwa w pracach Papieskiej Komisji do Rewizji KPK w fazie wypracowywania nowych kanonów (1966-1973)." Roczniki Nauk Prawnych 32, no. 1 (2022): 95–116. http://dx.doi.org/10.18290/rnp22321.6.

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Commenced after the end of the Second Vatican Council, the reform of canon law included, inter alia, matrimonial law. A particularly important area of codification in this respect was the marriage consent, which is the cause of marriage. The lack of regulations on consensual capacity in the 1917 KPK and the development of psychological and psychiatric sciences prompted the doctrine and jurisprudence to fill this gap. No wonder that in the process of reforming and codifying canon law, the Pontifical Commission for the Revision of the CIC, supported by the consultors, attempted to define more pr

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Kozhevnikov, Vladimir V. "About the legal system of Scotland." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 44 (2022): 127–41. http://dx.doi.org/10.17223/22253513/44/11.

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This research paper analyses the Scottish legal system, which both legal theory and comparative jurisprudence often treat very superficially. It is usually just an observation that the Scottish legal system is not subordinate to English law. The paper describes the history of formation and development of the Scottish legal system, drawing attention to the French legal orientation on the one hand and to the strengthening of the common law tradition on the other. The paper also highlights the Scottish legal system, the criminal court system, the criminal procedure, the civil court system and the

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Ragimov, Ilgam M. "Nuremberg Trials: the triumph of justice or the trial of the victors? (Reflections on the book by A.N. Savenkov “Nuremberg: A Verdict for name of Peace”." Gosudarstvo i pravo, no. 12 (2022): 7. http://dx.doi.org/10.31857/s102694520023298-8.

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The article analyzes historical, geopolitical, legal and other aspects of the organization and conduct of the International Military Tribunal on the basis of the monograph by Corresponding Member of the Russian Academy of Sciences A.N. Savenkov “Nuremberg: A Verdict for name of Peace”. over the main Nazi criminals, the political, legal and moral significance of its results for the further strengthening of peace on Earth and the prevention of global wars, the prevention of crimes against the peace and security of mankind, the development of International Law, etc. are investigated. Based on the

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Chelcu, Catalina. "Organization of justice and trial in Moldavia (the second half of the 18th century)." Saeculum Christianum 26, no. 1 (2019): 146–57. http://dx.doi.org/10.21697/sc.2019.26.1.10.

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In our study we are concerned with the issue of the judicial organization and trial procedure, as well as the relation between common law and written law in Moldavia during the second half of the 18th century especially during the last quarter. During this period the legal system continued to be renewed in terms of criminal preoccupations. Both the princes of Moldavia and of Walachia focused on the reformation of justice. The fact that the princes succeeded each other on the throne in the Phanariot 18th century meant, from this standpoint, a great advantage, as different measures regardi

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Pihlajamäki, Heikki, and Marju Luts-Sootak. "Tartu õuekohus kui õigussiire: Svea ja Liivimaa apellatsioonikohtute võrdlus [Abstract: The High Court of Dorpat as a legal transplant: a comparison of the Svea and Livonian High Courts]." Ajalooline Ajakiri. The Estonian Historical Journal, no. 2/3 (January 15, 2018): 157. http://dx.doi.org/10.12697/aa.2017.2-3.02.

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Legal transfers (or transplants, receptions) of legal phenomena sometimes take place even within one single realm. This especially applies to the conglomerate states of the early modern period where different regions of one realm often had different laws and legal cultures. Livland – covering roughly the northern part of present-day Latvia and the southern part of Estonia – became part of Sweden through the Treaty of Altmark in 1629. From the social and political viewpoint, Livland was vastly distinct from Sweden proper. Livland was a feudal society par excellence, a land with mighty land-owni

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Lobato, Luiz. "GRAÇA E INDULTO CONSTITUCIONAIS: NATUREZA JURÍDICA E LIMITES." Ponto de Vista Jurídico 12, no. 2 (2023): 35–45. http://dx.doi.org/10.33362/juridico.v12i2.3079.

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Primeiramente, importante abordar o termo jurídico “Graça”, que temos como referência a benevolência ou indulgência do Chefe de Estado sendo o momento no qual existe a renúncia estatal do direito de punir decorrente da condenação criminal. A concessão da Graça torna imutável a pretensão punitiva e o beneplácito atinge o beneficiado de forma definitiva. Inobstante a isso, no direito brasileiro temos a previsão do instituto jurídico da Anistia, Graça e indulto, justamente sendo o meio procedimental cabível que visa buscar alternativas as injustiças sociais com a aplicação da exclusão sobre a pre

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Leraczyk, Izabela. "THE CONSEQUENCES OF VIOLATING THE IMMUNITY OF CARTHAGINIAN ENVOYS IN THE LIGHT OF LIV. 38.42.7 AND VAL. MAX. 6.6.3 1." Review of European and Comparative Law 32, no. 1 (2018): 19–40. http://dx.doi.org/10.31743/recl.3191.

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The article analyses the casus of beating Carthaginian envoys in 188 BC and the effects that this act exerted on the grounds of international law, sacral norms and, at a later time, on the grounds of criminal regulations laid by the Romans. Those issues are analyzed on the basis of the account by Titus Livius (38.42.7) and Valerius Maximus (6.6.3). The analysis demonstrates that emissaries dispatched to other peoples were protected by immunity and it also indicates the way in which envoys were chosen in the republican Rome, as well as the customs related to their reception. It is also presente

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Shadrin, V. S. "Criminal procedure policy and criminal procedure law." Russian Journal of Legal Studies 2, no. 2 (2015): 162–65. http://dx.doi.org/10.17816/rjls18038.

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The author examines the concept, importance and key aspects of penal policy, as an integral part of the criminal policy of the state. Explains the meaning of penal policy and its role in shaping modern criminal procedure law.

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Shadrin, V. S. "Criminal procedure policy and criminal procedure law. Part 2." Russian Journal of Legal Studies 2, no. 3 (2015): 162–66. http://dx.doi.org/10.17816/rjls18065.

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Тhe author examines the concept, importance and key aspects of penal policy, as an integral part of the criminal policy of the state. Explains the meaning of penal policy and its role in shaping modern criminal procedure law.

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Burke, Susan D., and Donald S. Murphy. "Criminal Law and Procedure." Indiana Law Review 27, no. 4 (1994): 959–88. http://dx.doi.org/10.18060/3092.

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Johnson, Stephen J. "Criminal Law and Procedure." Indiana Law Review 18, no. 1 (1985): 157–209. http://dx.doi.org/10.18060/2616.

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Farrar, Salim Ali. "“The ‘New’ Malaysian Criminal Procedure: Criminal Procedure (Amendment) Act 2006”." Asian Journal of Criminology 4, no. 2 (2009): 129–44. http://dx.doi.org/10.1007/s11417-009-9064-9.

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Lazareva, V. A. "Criminal procedure ≠ criminal justice." Juridical Journal of Samara University 9, no. 3 (2023): 11–17. http://dx.doi.org/10.18287/2542-047x-2023-9-3-11-17.

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The article deals with current problems and possible options for the further development of criminal procedure law on the basis of an analysis of unity, differences and the ratio of pretrial and judicial stages of proceedings in a criminal case. Examining in historical context such categories as the purpose, tasks and destination of criminal procedure, the author comes to the conviction of the fallacy of the identification of the concepts of criminal procedure and criminal justice that has become familiar. Based on the functional purpose of the main (authority) subjects of criminal procedure,

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Garofalo, Luigi. "POJĘCIA I ŻYWOTNOŚĆ RZYMSKIEGO PRAWA KARNEGO." Zeszyty Prawnicze 3, no. 1 (2017): 7. http://dx.doi.org/10.21697/zp.2003.3.1.01.

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THE NOTIONS AND VITALITY OF THE ROMAN CRIMINAL LAWSummary In the recent studies one tends to revaluate the influence of the Roman criminal law on the later penal doctrine, as well as the achievements of the Roman criminal law itself, rejecting the previous theories presenting it as significantly inferior. It is noticed in this study that the medieval jurists idolized the Roman law, adopted it to the new circumstances, and obviously made mistakes interpreting it. And thus the influence of the Roman jurisprudence on the penal doctrine of the ius commune Europe was thoroughly substantial. Notwith

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Czech-Jezierska, Bożena. "The Class-Based Approach to Roman Criminal Law." Studia Iuridica Lublinensia 30, no. 1 (2021): 35. http://dx.doi.org/10.17951/sil.2021.30.1.35-53.

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<p>The theory of class struggle lay at the root of Marxist methodology. According to historical materialism, the slave formation existed in the ancient Roman state, and Marxist historians further developed the concept of class divisions in Roman society. Their views on this subject permeated also the research on Roman law, which was to be studied in terms of the influence that class divisions and class struggles had on the evolution of the state and legal norms in ancient Rome. This approach mainly concerned Roman private law, which was of the primary interest to scholars. The author att

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Winckler, Hugo. "Reforming China’s Criminal Procedure Law." China Perspectives 2012, no. 3 (2012): 80–82. http://dx.doi.org/10.4000/chinaperspectives.5971.

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Eatwell, Tatyana, and Christopher Sargeant. "Criminal Law, Evidence and Procedure." Cambridge Journal of International and Comparative Law 2, no. 1 (2013): 86–95. http://dx.doi.org/10.7574/cjicl.02.01.82.

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Davie, Matthew, and Joshua Zell. "Criminal Law, Evidence and Procedure." Cambridge Journal of International and Comparative Law 3, no. 1 (2014): 196–203. http://dx.doi.org/10.7574/cjicl.03.01.183.

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Muravev, K. V. "CRIMINAL PROCEDURE LAW-ENFORCEMENT ACTS." Juridical Journal of Samara University 5, no. 2 (2019): 75. http://dx.doi.org/10.18287/2542-047x-2019-5-2-75-80.

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