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Journal articles on the topic 'Law / Criminal Procedure'

Author: Grafiati

Published: 4 June 2021

Last updated: 28 July 2024

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1

Shadrin, V. S. "Criminal procedure policy and criminal procedure law." Russian Journal of Legal Studies 2, no. 2 (June 15, 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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2

Shadrin, V. S. "Criminal procedure policy and criminal procedure law. Part 2." Russian Journal of Legal Studies 2, no. 3 (September 15, 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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3

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

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4

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

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5

Lazareva, V. A. "Criminal procedure ≠ criminal justice." Juridical Journal of Samara University 9, no. 3 (October 10, 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, the forms of their interaction, the ratio of pretrial and judicial proceedings are determined. The conclusion is formulated on the need to move to differentiated regulation of the pretrial stage of the criminal process as a sphere of activity of the bodies of accusatory power (preliminary investigation) and judicial stages as an area of functioning of the judiciary. Awareness of the difference in goals and objectives solved during criminal proceedings by subjects of the prosecution and judicial authorities allows us to hypothesize about the need to differentiate the principles of criminal procedure in relation to each of its two parts. The proposed idea should help to solve the most significant problems of criminal procedure law.

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6

Ahmed, Ghufran, Sheer Abbas, and Muhammad Ramzan Kasuri. "Criminal Procedure is Criminal Justice in Action: Transition to Islamic Criminal Procedure is a Way Forward for Pakistan." Global Regional Review VII, no. II (June 30, 2022): 334–46. http://dx.doi.org/10.31703/grr.2022(vii-ii).32.

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The Criminal law is the strongest arm of all the normative systems of society which saves the society from evils, punishes the criminals, curbs, and prevents crimes in the society, frees it of crime or makes continuous efforts to keep it at bay or at least makes offences unattractive, unpleasant, hateful, and unaccepted activity in our society. The criminal procedure is criminal justice in action. The failure of the procedural law means failure of the social goals set by society. With the help of qualitative research methodology, this article discusses the importance of criminal procedural law in the administration of the Criminal Justice System (CJS). It points out the two types of criminal procedural laws in Pakistan; constitutional and ordinary. It also analyses the current situation of the CJS of Pakistan. It also highlights the major problems in the criminal procedure of Pakistan and pointed out the need of revamping the criminal procedure. It also pointed out the need to transition from existing criminal procedural laws of Pakistan to Islamic Criminal Procedure.

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7

Winckler, Hugo. "Reforming China’s Criminal Procedure Law." China Perspectives 2012, no. 3 (October 1, 2012): 80–82. http://dx.doi.org/10.4000/chinaperspectives.5971.

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8

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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9

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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10

Muravev, K. V. "CRIMINAL PROCEDURE LAW-ENFORCEMENT ACTS." Juridical Journal of Samara University 5, no. 2 (June 25, 2019): 75. http://dx.doi.org/10.18287/2542-047x-2019-5-2-75-80.

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11

Burke, Susan D. "Update—Criminal Law and Procedure." Indiana Law Review 26, no. 4 (January 4, 1993): 891–920. http://dx.doi.org/10.18060/3035.

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12

Vandercoy, David E., and Bruce G. Berner. "Update—Criminal Law & Procedure." Indiana Law Review 25, no. 4 (January 4, 1992): 1157–82. http://dx.doi.org/10.18060/2986.

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13

Farrar, Salim Ali. "“The ‘New’ Malaysian Criminal Procedure: Criminal Procedure (Amendment) Act 2006”." Asian Journal of Criminology 4, no. 2 (March 24, 2009): 129–44. http://dx.doi.org/10.1007/s11417-009-9064-9.

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14

Shytov, Alexander, and Peter Duff. "Truth and procedural fairness in Chinese criminal procedure law." International Journal of Evidence & Proof 23, no. 3 (March 6, 2019): 299–315. http://dx.doi.org/10.1177/1365712719830704.

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Chinese criminal procedural law has recently been undergoing rapid transformation. While the search for ‘truth’, embodied in a confession by the accused, has traditionally dominated the criminal process, efforts are now being made to secure more procedural fairness. This is exemplified by the introduction of rules to render inadmissible at trial confessions extorted from suspects by ill treatment. Unsurprisingly, it has proved difficult to shift the mindsets of the players in the criminal justice process. The new rules have not been fully implemented in many respects and there is still confusion over the criteria to be used by the courts in making decisions about inadmissibility. Further, it has proved difficult to enable defence lawyers to play a more active role in defending their clients and to render it normal for witnesses to testify at trial. This handicaps the drive to secure a better balance between the search for truth and procedural fairness in the Chinese criminal trial.

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15

Shin Yangkyun. "Teaching Criminal Procedure Law in Law School." Journal of Criminal Law 20, no. 3 (September 2008): 27–48. http://dx.doi.org/10.21795/kcla.2008.20.3.27.

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16

Sharipova, Aliya. "The Concept of Convergence of Criminal Procedure Law with Other Branches of Procedural Law." Legal Concept, no. 1 (May 2022): 57–63. http://dx.doi.org/10.15688/lc.jvolsu.2022.1.8.

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Introduction: excessive variability of the criminal procedure legislation against the background of other branches, the need to take into account pre-trial court decisions, and unified processes of digitalization in justice have actualized the study of the possibility of convergence of four procedural branches of law. The purpose of the work is to develop the key provisions of the concept of convergence, i.e. coming together of criminal procedural law with civil procedural, arbitration procedural, and administrative procedural law. The approximation of criminal procedure law to other procedural branches due to the unification of a number of intersectoral institutions should serve the task of improving the quality of justice. Methods: the defining method of research is the method of comparative jurisprudence. The most important institutions of the “judicial” part of the criminal procedure are compared with their branch counterparts from other procedural branches of law. The research also uses the methods of historicism, system-structural analysis, and synthesis. Results: for some universal procedural institutions, fundamental differences in normative consolidation have been identified, the manifestations of which reduce the quality of justice in criminal cases. The gradual borrowing of the techniques tested in them into the criminal procedure from other branches can ensure procedural convergence without creating supra-sectoral structures of judicial law. Conclusions: the author proposes the ways of convergence of the criminal procedure “split off” from the rest of the procedural branches. A preliminary legislative examination of the impact on the identity of the normative consolidation of universal intersectoral institutions should be applied to draft laws on amendments to any procedural code. The joint scientific development of intersectoral problems in procedural law and the development by the law enforcer of unified approaches in “judicial” law will contribute to the convergence of not only the law but also science and law.

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17

Kondrat, I. N. "Concept of Criminal Policy and Improvement of Criminal Law and Criminal Procedure Law." MGIMO Review of International Relations, no. 3(30) (June 28, 2013): 105–8. http://dx.doi.org/10.24833/2071-8160-2013-3-30-105-108.

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The paper is concerned with the modern concept of the criminal policy of the Russian state from the standpoint of determining the main directions of improving the criminal and criminal procedural law.

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18

Shaykova, Marina V. "PECULIARITIES OF THE INTERNATIONAL LAW STATUS OF JUVENILE DELINQUENTS." International criminal law and international justice 1 (January 14, 2021): 6–10. http://dx.doi.org/10.18572/2071-1190-2021-1-6-10.

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The article examines the criminal procedure status of minors, its difference from the criminal procedure status of adult criminals, analyzes international legal standards of juvenile responsibility, substantiates the characteristics of a minor accused, which should affect the procedural order of criminal proceedings. The author pays special attention to the personality of the minor, as well as the psychological predisposition of juvenile offenders to dependence on psychoactive substances.

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19

Wielec, Marcin. "‘Children in Criminal Procedure – Friendly Law’." Central European Journal of Comparative Law 2, no. 2 (November 20, 2021): 241–55. http://dx.doi.org/10.47078/2021.2.241-255.

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The considerations undertaken in the scientific article constitute an analysis and evaluation of the solutions included in the government's legislative proposal aimed to change the provisions of the Code of Criminal Procedure, the Family and Guardianship Code, and the Law on the System of Common Courts with regard to the position of minor victims. The legislative initiative is a significant change that aims to improve the protection of children participating in criminal procedures. This legal act’s draft indicates the provision of a special position to children in the criminal procedure. If children happen to be the aggrieved parties in criminal procedures, they deserve to be met by the court and participants with exceptional awareness and sensitivity. I am of the opinion that the criminal procedure must be structured in such a way that the participating children feel safe. The judiciary should aim to be child-friendly. It is extremely important that children feel understood as well as they understand the new legal reality in which they find themselves. In this analysis, I have referred to the regulations on the protection of children's rights under the international law and the law of the European Union. In this study, I have laid emphasis on the point that the proposed legislative solutions should meet the assumptions of the European directives issued by the European Union institutions as well as the Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice, the main act on the protection of children's rights issued by the Council of Europe.

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20

Kachalova, Oksana. "Summary Procedure in Russian Law of Criminal Procedure." RUSSIAN JUSTICE 115, no. 10 (November 2015): 87–97. http://dx.doi.org/10.17238/issn2072-909x.2015.11.87.

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21

Izydorczyk, Jacek. "Prawda w procesie karnym." Acta Universitatis Lodziensis. Folia Iuridica, no. 73 (January 1, 2014): 111–16. http://dx.doi.org/10.18778/0208-6069.73.07.

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The article Truth in criminal trial points out great importance of facts in every criminal procedure. The author presents a new look at some legal regulations in Poland. For example he strongly criticizes laws (and practice!) which forbid disclosure of a criminal’s personal data. It is just unfair towards decent citizens because they might be future victims of such criminals. By the way: veritatem sequi est tueri iustitiam.

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22

SHARIPOVA, Aliya Rashitovna. "CONVERGENCE OF PROCEDURAL LAW – A PERSPECTIVE FOR CRIMINAL PROCEDURE." Rule-of-law state theory and practice, no. 3(73) (2023): 187–91. http://dx.doi.org/10.33184/pravgos-2023.3.22.

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23

Gesk, Georg. "Trends in German Criminal Procedure Law." BULLETIN of L.N. Gumilyov Eurasian National University. LAW Series 144, no. 3 (2023): 106–15. http://dx.doi.org/10.32523/2616-6844-2023-144-3-106-115.

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German criminal procedure law is under constant reconstruction, since its promulgation in the 1870s, it was changed more than 200 times. When a law undergoes long term changes, it is especially interesting to take account of specific trends – where does normative restructuring happen and how are different spheres of reconstruction interrelated. This contribution identifies 4 distinct areas where topics either remain very stable or where criminal procedure law undergoes profound changes. One area that is rather constant is the interest in efficiency of criminal investigation, trial, and sentencing. However, within this common interest in efficiency, we see important changes in the realm of human rights guarantees. Since the German Federal Constitutional Court did substantially change its interpretation of human rights, insisting upon a core of absolute protection within each and every human right, institutional safeguards of human rights in criminal procedure had to be amended, leading to a new emphasis on the principle of proportionality. While this is a trend that is mainly concerned with serious crime, lesser offenses are subject to widespread procedural decriminalization. Such widespread decriminalization is only possible because the role of the victim was newly assessed. Newfound possibilities to actively participate in criminal procedure or to interact with criminal procedure increase acceptance for procedural outcomes apart from criminal sentencing.

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24

Naeem, Muhammad Waqar. "Explaining Code of Criminal Procedures CrPC 1898 and Suggestions for Amendments." Scandic Journal Of Advanced Research And Reviews 2, no. 4 (July 15, 2022): 040–51. http://dx.doi.org/10.55966/sjarr.2022.2.4.0046.

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Code of Criminal Procedure (CrPC), 1898 is the main legislation on the entire legal procedure for investigation of any case under Criminal Law of Pakistan. Thus, the CrPC ensures provision of machinery for the crime investigation, apprehension of suspected criminals, determination of innocence or guilt of accused individual, collection of evidences, and determination of proper procedures (Zaffar, 2021). This Act initially came into force on first day of July 1898 in Pakistan. CrPC is applicable in all the regions of Pakistan but in the absence of any specific provision to the contrary, special law or jurisdiction, or power conferred by other law for the time being in force.

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25

Sorokin, Leo, and Jeffrey Stein. "Restorative Federal Criminal Procedure." Michigan Law Review, no. 119.6 (2021): 1315. http://dx.doi.org/10.36644/mlr.119.6.restorative.

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26

White, Welsh S., and Craig M. Bradley. "Improving Constitutional Criminal Procedure." Michigan Law Review 93, no. 6 (May 1995): 1667. http://dx.doi.org/10.2307/1289897.

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27

Harnon, Eliahu. "Criminal Procedure and Evidence." Israel Law Review 24, no. 3-4 (1990): 592–621. http://dx.doi.org/10.1017/s0021223700010104.

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Once upon a time there was a lawyer who was most familiar with the rules of criminal procedure and of evidence in force in mandatory Palestine in May 1948. One day in June 1948, the lawyer disappeared. Some say he fell into a deep sleep for many years. Only after the passage of forty years he awoke.Turning to and fro, he will immediately recognize the Ottoman building that houses the courts in Jerusalem's Russian Compound. He will also feel at home with the basic hierarchy of the judiciary: two courts of first instance—magistrates' and district—and no intermediate court of appeal between the district level and the Supreme Court.

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28

Galoob, Stephen R. "Retributivism and Criminal Procedure." New Criminal Law Review 20, no. 3 (2017): 465–505. http://dx.doi.org/10.1525/nclr.2017.20.3.465.

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Retributivist theories of punishment are in tension with due process. Some retributivists adopt a simple view that punishment of the deserving is normatively justified. However, this Simple Retributivism licenses unjust and illegitimate rules of criminal procedure. A more refined version of retributivism, on which a person’s punishment is justified only if she deserves to be punished for the offense with which she is charged and her desert bases cause her to be liable to punishment, avoids the troubling implications of Simple Retributivism. Refined Retributivism also entails specific principles for implementing criminal law—that is, a distinctively Retributivist Criminal Procedure. On this Retributivist Criminal Procedure, procedural mechanisms must establish that there are good reasons to believe that an offender deserves to be punished for an offense, and these reasons must cause the offender’s liability to punishment. Yet Refined Retributivism is also difficult to reconcile with due process. Although Retributivist Criminal Procedure has some salutary implications, it also calls for abolishing core aspects of the U.S. system of criminal justice and features that are essential to any legitimate criminal justice system. Thus, retributivism (whether Simple or Refined) does not provide the basis for a just criminal procedure.

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29

Ingle, Jessie. "Overview: Criminal Law, Evidence and Procedure." Cambridge Journal of International and Comparative Law 3, no. 1 (2014): 265–68. http://dx.doi.org/10.7574/cjicl.03.01.158.

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30

Belonosov, V. O. "ON HYPERACTIVE CRIMINAL PROCEDURE LAW-MAKING." Juridical Journal of Samara University 5, no. 4 (December 15, 2019): 43. http://dx.doi.org/10.18287/2542-047x-2019-5-4-43-50.

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31

Rozenko, Stanislav V., and Elena O. Igonina. "Countering iatrogenic crimes: criminal law and criminal procedure issues." Yugra State University Bulletin 16, no. 2 (October 9, 2020): 99–106. http://dx.doi.org/10.17816/byusu2020299-106.

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The article investigates problematic issues of criminal legal counteraction to iatrogenic crimes. Interpretation of industry regulations leads to the conclusion that in the process of procedural verification, the investigator does not have the right to receive information that constitutes a medical secret, which prevents the correct qualification of what was done. The qualification of iatrogenic crimes requires mandatory recourse to medical law. Opening the topic, we study the work of leading Russian specialists in the field of medicine and criminal law. The paper examines the problems of judicial and investigative practice on these criminal attacks. In the course of the study, the authors point to signs of medical errors and defects in the provision of medical care, which allow us to establish General circumstances that affect the exact qualification of the crime. It is proposed to fix in the Criminal code of the Russian Federation independent elements of crimes, that is, special provisions for medical workers, which will eliminate errors in qualification.

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32

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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33

Lahti, Raimo. "Constitutional Rights and Finnish Criminal Law and Criminal Procedure." Israel Law Review 33, no. 3 (1999): 592–606. http://dx.doi.org/10.1017/s0021223700016071.

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The constitutional aspects of criminal law and criminal procedure only began to receive serious attention in Finland in the 1990s. The remarkable change in legal thinking and practice in this respect was connected to two major legislative reforms: firstly, Finland ratified the European Convention on Human Rights and Fundamental Freedoms (ECHR) in 1990 and, secondly, new provisions on fundamental (basic) rights were incorporated in the Finnish Constitution in 1995. A fully revised new Constitution of Finland was enacted in 1999 (to be entered into force on 1 March 2000), but the substance of fundamental rights and freedoms was confirmed already in the constitutional reform of 1995.Those aspects had not, however, been completely overlooked before. Most of the relevant human rights treaties were eventually ratified in Finland (e.g., the International Covenant on Civil and Political Rights, CCPR) and, when ratified, they were incorporated into the domestic legal order. Nevertheless, courts or administrative authorities very seldom referred to human rights treaties or constitutional rights before the late 1980s; a tradition of invoking constitutional rights in the courts was lacking. Instead, human rights treaties and constitutional rights were primarily regarded as binding the legislator.

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34

Panchenko, N. V. "Legal certainty: interrelation of criminal law and criminal procedure aspects." Uzhhorod National University Herald. Series: Law 2, no. 80 (January 20, 2024): 77–84. http://dx.doi.org/10.24144/2307-3322.2023.80.2.12.

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The article is devoted to the study of the problem of establishing the relationship between the criminal law and criminal procedure aspects of legal certainty. The author establishes that legal certainty within criminal justice is a dichotomous category, since it combines the requirements (rules) of criminal law and criminal procedure, and the category of legal certainty itself is a polymorphic construction in terms of content and essence, which gives grounds to consider legal certainty as a) a property of a rule of law; b) a principle of law; c) a requirement for a court decision; d) consequences (properties) of the legal force of a court decision; e) grounds for reversal of a court decision; f) a subjective right of a person to know what he or she is accused or suspected of; g) a criterion for realization of the legal status of participants to criminal law and criminal procedural relations. The criminal law manifestation of legal certainty relates exclusively to the properties of criminal law provisions and the relevant principle of criminal law, but it has a formative and guiding effect on criminal procedural manifestations of the principle of legal certainty and is interrelated with them. The author distinguishes three levels of legal certainty as a universal legal category of criminal law and criminal procedure law: normative (legislative), law enforcement and scientific (doctrinal). It is stated that legal certainty is not only a guarantee for an individual against arbitrary actions of the State within the criminal justice system, but also an opportunity for him/her to clarify his/her legal status within criminal law and criminal procedure relations, and to expect only predictable criminal law and criminal procedure consequences of actions of bodies and persons authorized by the State to apply criminal law response measures. If, as a result of legal uncertainty of criminal law provisions, a person does not understand the consequences of his/her behavior within criminal law relations, such a person will not be able to timely and adequately correct his/her behavior in order to change his/her legal status in accordance with the requirements of criminal law provisions. As a result, the law on criminal liability itself loses its regulatory value

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35

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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36

Бурынин, С. С. "Gaps in criminal procedure legislation used in raiding as sources of intersectoral communication of criminal procedure law and criminal law." Вестник Московской академии Следственного комитета Российской Федерации, no. 1(35) (March 14, 2023): 40–48. http://dx.doi.org/10.54217/2588-0136.2023.35.1.004.

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Исследование уголовно-процессуального законодательства и практики его применения показало наличие пробелов в правовом регулировании отдельных полномочий должностных лиц правоохранительных органов на досудебной стадии уголовного судопроизводства, позволяющих использовать их в интересах рейдеров при совершении захватов имущества. При этом в случае, если в действиях правоохранителей усматриваются признаки преступления, фактически образуется межотраслевая связь уголовно-процессуального права и уголовного права. Целью настоящего исследования является выявление межотраслевых связей уголовно-процессуального права и уголовного права при совершении рейдерских захватов имущества с использованием полномочий должностных лиц правоохранительных органов на досудебной стадии уголовного судопроизводства ввиду пробельности уголовно-процессуального законодательства. В ходе проведения настоящего исследования для отбора и анализа эмпирического материала использовались следующие методы: догматический (изучение и анализ законодательства, а также научных взглядов по тематике исследования); исследование практики противодействия рейдерству (изучение и анализ материалов по жалобам предпринимателей); наблюдение (за работой правоохранительных органов России в сфере противодействия рейдерству); включенное наблюдение (личный опыт автора как сотрудника Следственного комитета Российской Федерации). Основным результатом исследования стало выявление пробелов уголовно-процессуального законодательства, используемых должностными лицами правоохранительных органов на досудебной стадии уголовного судопроизводства в интересах рейдеров при совершении захватов имущества, которые фактически выступают источниками межотраслевой связи уголовно-процессуального права и уголовного права. The study of criminal procedure legislation and the practice of its application has shown that there are gaps in the legal regulation of certain powers of law enforcement officials at the pre-trial stage of criminal proceedings, allowing them to be used in the interests of raiders when committing property seizures. At the same time, if signs of a crime are seen in the actions of law enforcement officers, an intersectoral relationship between criminal procedure law and criminal law is actually formed. The purpose of this study is to identify intersectoral links between criminal procedure law and criminal law when committing raider seizures of property using the powers of law enforcement officials at the pre-trial stage of criminal proceedings due to the gaps in criminal procedure legislation. In the study, the following methods were used for the selection and analysis of empirical material: dogmatic (study and analysis of legislation, as well as scientific views on the subject of the study); study of the practice of countering raiding (study and analysis of materials on complaints of entrepreneurs); surveillance (of the work of law enforcement agencies of Russia in the field of countering raiding); included surveillance (personal experience the author as an employee of the Investigative Committee of the Russian Federation). The main result of the study was the identification of gaps in criminal procedure legislation used by law enforcement officials at the pre-trial stage of criminal proceedings in the interests of raiders when committing property seizures, which actually act as sources of intersectoral communication of criminal procedure law and criminal law.

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Santoso, Bambang, Muhammad Rustamaji, and Itok Dwi Kurniawan. "PENGUATAN INSTRUMEN PERLINDUNGAN HAM DALAM PEMBAHARUAN KUHAP UNTUK MEWUJUDKAN CITA NEGARA HUKUM." Jurnal Hukum Mimbar Justitia 9, no. 1 (June 30, 2023): 70. http://dx.doi.org/10.35194/jhmj.v9i1.3337.

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According to the 1945 Constitution, Indonesia is a state of law.Â Law violation must be prosecuted according to the rules of applicable law. Violation of criminal law, its enforcement through criminal procedural procedures. Criminal Procedure Code needs to be updated because of its many weaknesses. Criminal Procedure Code reform must guarantee the achievement of the ideals of a rule of law state. This study aims to reveal a model for strengthening human rights protection instruments in the reform of the Criminal Procedure Code. This research is a normative study using secondary data, in the form of primary, secondary and tertiary materials. Data collection techniques with library research. The analysis was carried out prescriptively with the deduction method. The results show that in the reform of the Criminal Procedure Code the instrument for protecting human rights is strengthened because Indonesia has ratified several international conventions, including the Covenant on Civil and Political Rights (ICCPR). The Criminal Procedure Code must comply with several ICCPR provisions, including regarding detention by investigators as short as possible and immediately brought before the judge, stipulating the right to remain silent as an embodiment of the principle of non-self-incrimination.Â Keywords: Criminal Procedure Code Reform, Human Rights Protection, Rule of Law.

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38

Кострова, Марина, and Marina Kostrova. "Language Form of Objectivation of Interrelation of Criminal Law and Criminal Procedure Law." Journal of Russian Law 2, no. 3 (February 26, 2014): 53–62. http://dx.doi.org/10.12737/2580.

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The article views the basic theoretical provisions on the interrelation between the criminal law and the criminal procedure law and its objectivation in a linguistic form; proved the need to harmonize the language expression of the criminal and criminal procedure laws’ regulatory prescriptions.

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39

Chiao, Vincent. "Ex ante Fairness in Criminal Law and Procedure." New Criminal Law Review 15, no. 2 (2012): 277–332. http://dx.doi.org/10.1525/nclr.2012.15.2.277.

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In Furman v. Georgia, the United States Supreme Court announced that it would not tolerate a capital sentencing regime that imposed death sentences in a seriously arbitrary fashion. The question I ask in this paper is whether we should in fact object to arbitrariness in punishment. The answer I propose is that under plausibly adverse conditions, we might not object to arbitrary penal outcomes, because under those conditions a fair distribution of punishment would be one that equalizes chances across a class of similarly situated criminals. In particular, fairness may require no more than a rough equalization of ex ante chances under conditions of resource scarcity, an inability to rank claims reliably by comparative desert, and a pressing need for punishment to be imposed. I call this an ex ante theory of fairness. The central virtue of ex ante fairness is that it is capable of reconciling parsimony in punishment with equity in its distribution, even when claims about who deserves what are deeply contested. Adopting an ex ante standard of fairness means that a concern for fair treatment of the guilty need not blind us to the realities of the severe resource constraints faced by American criminal justice, and vice versa. After laying out the argument for ex ante fairness in general terms, I proceed to show how several prominent features of American criminal law and procedure—the Supreme Court’s capital jurisprudence, prosecutorial discretion, judicial sentencing discretion, and “strict” criminal liability—all exhibit an implicit commitment to an equalization of chances rather than of outcomes.

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40

Fouza Azwir Abdul Aziz and Muzakkir. "IMPLEMENTATION OF SUSPECT RIGHTS IN THE CRIMINAL INVESTIGATION PROCESS." Jurnal Hukum Samudra Keadilan 19, no. 1 (February 26, 2024): 57–71. http://dx.doi.org/10.33059/jhsk.v19i1.8889.

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In the context of the occurrence of a criminal act, every law enforcer will adhere to the provisions of the Law of the Republic of Indonesia Number 8 of 1981 concerning the Criminal Procedure Code or commonly abbreviated as KUHAP which will be used as a guideline regarding the procedures for punishing a person suspected of committing a crime or so-called as a suspect. Basically the Criminal Procedure Code has clearly regulated matters relating to the rights of the suspect, the arrangements of which have been included in Articles 50 to 68 of the Criminal Procedure Code. As a positive law in Indonesia which is the basis for law enforcement, it has regulated the rights of suspects in the process of investigating criminal acts.

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41

Lozovsky, Denis N., Igor M. Alekseev, and Elena E. Alekseeva. "Criminal procedure as a form of social conflict resolution." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 47 (2023): 58–67. http://dx.doi.org/10.17223/22253513/47/4.

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The purpose of the research is an attempt to prove the independence of criminal procedure law in relation to criminal law. However, in the course of research, the authors were confronted with the fact that the traditional approach based on legal positivism does not allow one to distinguish other criminal procedural law, except for criminal law. However, a similar understanding of law and process does not allow to reveal their ability to resolve conflicts. In this regard, in the study, the authors turned to the methodology developed by modern hermeneutics, using the communicative theory of law as the main method for studying criminal procedure law, where law acts as a means of interaction between people, which sets the boundaries for such interaction, which made it possible to look at the criminal process as a way communications. In the process of such communication, conflicts arising in society that are basically criminal in nature are resolved. In the field of criminal proceedings, this allowed to say, if the case concerns a criminal law conflict, then we should not talk about the emergence of criminal law relations. Based on that, the authors conclude that the criminal procedure law is independent. This follows, first of all, from the fact that the process does not boil down to the application of criminal law, but performs the function of resolving conflicts and can well do without applying a specific norm of the Criminal Code of the Russian Federation, for example, in case of reconciliation of the parties (Article 25 of the Code of Criminal Procedure of the Russian Federation) or in connection with compensation for damage (Article 28.1 of the Code of Criminal Procedure). The authors conclude that criminal law is the legal means of institutionalizing possible social conflicts, and the criminal process is a form of resolution. Thus, the fact of committing a crime is losing its significance; instead, the conflict that has come to the fore is highlighted. Moreover, the process serves only as a form of conflict resolution, which translates it into a legal channel. Without criminal law, procedural procedures lose all meaning, which, however, does not put the process in a subordinate position with respect to law. Based on the functional load of law as a form of resolving social conflicts, the authors conclude that the process is functionally designed to resolve them. At the same time, the application of the criminal law norm as a result of procedural activity loses all meaning. Instead, the fact of resolving the conflict, which may occur, for example, in reconciliation of the parties, is of importance. Thus, the criminal procedure form is functionally designed to resolve criminal law conflicts arising in society.

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Krizhus, Igor K. "An extraordinary procedure for the enforcement of criminal law provisions." Ugolovnaya yustitsiya, no. 20 (2023): 21–24. http://dx.doi.org/10.17223/23088451/20/4.

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The article highlights an important part of the criminal law policy of the state - the introduction of criminal law provisions. The subject of the study is the procedure for enacting federal laws that change the provisions of the criminal code. The author points out the dependence of the effectiveness of criminal law regulation on preparatory activities aimed at bringing the provisions of the Criminal Code of the Russian Federation to actual implementation. The article provides a classification of ordinary and extraordinary procedures for introducing federal laws that change the provisions of the criminal code.

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Dashkov, Gennady. "Countering modern crime: criminological, criminal law and criminal procedure aspects." Gosudarstvo i pravo, no. 11 (2019): 159. http://dx.doi.org/10.31857/s013207690007484-4.

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44

Stuntz, William J. "Waiving Rights in Criminal Procedure." Virginia Law Review 75, no. 4 (May 1989): 761. http://dx.doi.org/10.2307/1073136.

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III, George C. Thomas, and Akhil Reed Amar. "Remapping the Criminal Procedure Universe." Virginia Law Review 83, no. 8 (November 1997): 1819. http://dx.doi.org/10.2307/1073659.

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Grubač, Momčilo. "Understanding of the concept of criminal procedure in the new Law on Criminal Procedure of Serbia." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 531–45. http://dx.doi.org/10.5937/gakv0611531g.

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In this paper the author has outlined that the solutions introduced in the new Law on Criminal Procedure of Serbia concerning the concept of criminal procedure, its structure and scope are confusing and wrong. In his opinion those mistakes have caused the largest number of other wrong solutions in the new Law, especially in regulation of presentation of evidence. Unlike the former pre-criminal proceedings, which was constantly and justifiably considered to be with no criminal procedural effect, the new Criminal Procedural Law treats even the police "pre-investigation" and prosecution investigation as parts of the criminal proceedings and enables that verbal evidence (statements of the witnesses and accused) presented in those administrative proceedings can be used later for rendering the judgment in the later criminal proceedings. The author has demonstrated that by introducing the prosecution investigation instead of the judicial one investigation is not part of the judicial criminal proceedings anymore and that therefore principals of directness and contradictoriness in the main proceedings should have been more elaborated than before in the new Law, in stead of making them questionable by introducing number of new exemptions. According to the Law on Criminal Procedure the new criminal procedure now consists of the non-judicial investigation and judicial main criminal proceedings. In the field of legislature, this change has raised two major issues before the legislator: (1) to secure protection of human rights in the non-judicial investigation and (2) to secure court judgment that will be based on the evidence, presented according to the rules of contradictoriness and directness, in the judicial part of the criminal proceedings. Based on these requests, the evidence presented in the non-judicial previous proceedings cannot be used, in author's opinion, for rendering the judgment although the new Law allows that, even in a broader sense comparing it to the time when the investigation was a judicial activity.

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Junaidi, Muhammadi. "Virtual Criminal Court: A Paradigm Shift in Indonesian Criminal Procedure." ARRUS Journal of Social Sciences and Humanities 3, no. 2 (May 25, 2023): 122–28. http://dx.doi.org/10.35877/soshum1759.

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The effects of the pandemic made digital technology into the courtroom. In connection with this research, the thing that wants to be studied is, firstly for the mechanism of applying event law to online trials in criminal cases in Indonesia, secondly how online trials accommodate the process of proof in criminal cases in Indonesia. The research method used in this research is to use a type of normative legal research, namely research that in its study refers to and bases on the norms and rules of law, applicable laws and regulations, legal theories and doctrines, jurisprudence, and other literature materials relevant to the research topic discussed. The result of this study is, the first mechanism for the application of event law in online trials in criminal cases as stipulated in Supreme Court Regulation No. 4 of 2020 on Administration and Criminal Trial in The Court Electronically provides 2 (two) alternatives to conduct trials in criminal cases, namely offline and online. This is not previously regulated in the Criminal Procedure Law (KUHAP) or other legal regulations. Second, with regard to the process of proving in criminal cases at online trials basically still follow the provisions in the criminal event law and have the same value or power of proof as trials conducted offline.

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Sirotkina, Mariia. "Prerequisites for the application of alternative methods of resolving criminal law and criminal procedure conflicts." Slovo of the National School of Judges of Ukraine, no. 3(32) (December 18, 2020): 147–57. http://dx.doi.org/10.37566/2707-6849-2020-3(32)-13.

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The article examines the prerequisites for the use of alternative methods of resolving criminal law and / or criminal procedure conflicts. It is stated that the use of alternative dispute resolution in criminal proceedings is possible only if changes or differentiation of the criminal procedure form, taking into account the interests of participants in criminal law and / or criminal procedure conflict. A positive consequence of the use of alternatives is procedural economy and speed of criminal proceedings, with an unconditional guarantee of achieving the objectives of the criminal process and ensuring the protection of the rights and legally protected interests of persons in criminal proceedings in their application. It is noted that at the present stage of development of criminal procedure legislation the differentiation of procedural forms is one of the priority conditions for the rational use of procedural means, contributes to greater efficiency and effectiveness of criminal proceedings with significant procedural savings. The bases and criteria of differentiation of the criminal-procedural form are investigated. It is noted that compromise constructions are the result of a combination of two principles of the criminal process - public and dispositive, and their application is possible only in a competitive process. The material and practical component of the differentiation of the criminal procedure form is singled out, and attention is focused on the division of the criminal procedure form when applying alternatives to the simplified and complicated forms depending on the law enforcement. Based on the study, it was concluded that the implementation of conciliation procedures in the system of alternative resolution of legal conflicts (disputes) in criminal proceedings largely depends on the differentiation of criminal procedure, procedural economy, speed of criminal proceedings, as well as taking into account the interests of criminal and procedural conflicts. Key words: criminal process, procedural economy, procedural form, conflict, compromise, differentiation, interest, alternative.

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Shadrin, V. S. "Formation of Real Legal Regulationin the Practice of Criminal Procedure Law." Russian Journal of Legal Studies 5, no. 2 (June 15, 2018): 125–30. http://dx.doi.org/10.17816/rjls18412.

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The article explains the recognition of the criminal procedure law as the only source of criminal procedural law, examines the content of legal regulation in criminal cases as part of legal norms, legal relations and individual requirements, demonstrates how the model of criminal proceedings, fixed in the criminal procedure law, turns into a real criminal -process law.

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Tertyshnyk, Volovymyr. "Victim in competitive criminal procedure." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (March 30, 2020): 175–83. http://dx.doi.org/10.31733/2078-3566-2020-1-175-183.

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The article analyses problems of determining ways to improve the procedural procedure to protect the rights and freedoms of victim in the legal field of competitive criminal justice. The issue of improving the status of the victim, extending his rights, determining the procedure for its implementation stipulated by law, harmonization of legislation, elimination of legal conflicts, ensuring the rule of law, strengthening guarantees The rights and freedoms of the victim. Aligning the CPC of Ukraine with the Constitution of Ukraine, and coordinating it with the Civil Code of Ukraine and applicable international legal acts, we propose in the norm of the CPC of Ukraine, which determines the status of the victim, in addition to the rights established there by the law, to set out the following rights of the victim: a) to demand compensation for the moral harm caused and physical and pecuniary damages at the expense of the person guilty of the crime or persons who are financially responsible for their actions, and in cases where the person who committed the crime is not identified, for ahunok State budget; b) to respect his honor and dignity, to demand that facts of the collection, use, storage and disclosure of the degrading honor, dignity or business reputation of false information be prevented, and, if necessary, make a request for the removal of such information, raise the issue of closed court proceedings ; c) require arrest of the defendant's deposits and property and take other measures provided by law to recover the damage caused to him by the crime; d) require personal immediate examination by a forensic expert in case of personal injury or harm to his / her health; e) to use the legal assistance of a legal representative from a lawyer or other specialist in the field of law from the moment of recognition as a victim; g) have a confidential date with the legal attorney before the first interrogation, as well as the presence of a lawyer or legal representative at his first interrogation; g) to be acquainted with the decision on the appointment of forensic examination and the expert's opinion; h) to get acquainted with the case file in the suspended criminal proceedings on the grounds of not identifying the perpetrator; i) to participate directly in the examination of all evidence at the trial and to speak in court, regardless of the participation of the prosecutor. The investigator, the inquirer, the prosecutor, the court are obliged to immediately explain to the victim his procedural rights, to hand him a written document describing his rights - a declaration of the victim's rights, to immediately take the measures provided by law for ensuring the victim's rights. Prospects for further study of this problem are seen in the development of models of realization of the victims of their procedural rights at different stages of the process.

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