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1
Kryzhanovskyi, A. S. "A new look at models of pre-trial investigation based on information technology support." Analytical and Comparative Jurisprudence, no. 5 (October 12, 2024): 809–14. http://dx.doi.org/10.24144/2788-6018.2024.05.123.
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Abstract. In the article, based on the current legislation, new views on models of pre-trial investigation are considered. The article contains theoretical proposals for optimization and rationalization of pre-trial investigation as the main stage of pre-trial investigation in the criminal process of Ukraine based on the changes taking place in the conditions of digital transformation of society. Methodological bases of modeling of pre-trial investigation in criminal cases include the following criteria (elements) of individualization of the model: goals and tasks of pre-trial investigation; his place in the organization of criminal justice; the initial moment of investigation in a criminal case; structural construction of pre-trial investigation; organizational and legal status of bodies and officials who carry out this activity. It is noted that the crisis phenomena in the modern pre-trial investigation in criminal cases are caused by circumstances that, in turn, determine the need for reform: the construction of the pre-trial investigation is not fully correlated with the historical development and the convergence trends of accusatory and adversarial types of criminal proceedings; there is no unified approach of the state and the scientific community to determine the optimal structure of pre-trial investigation in criminal cases, which corresponds not only to the possibility of resisting the modern criminalization of society, but also stimulates further self-improvement; organizational and procedural contradictions between its forms are observed in the pre-trial investigation; confusion of the functions of criminal prosecution, detection and investigation of crimes, resolution of a criminal case and judicial control; competition of investigative and adversarial grounds at this stage of investigation in a criminal case. The pre-trial investigation with its tasks of establishing the circumstances of the committed crime, the written registration of all the evidence collected because of investigative actions, forms the investigative model of the criminal process. The content of the investigative model is related to the fact that the modern pre-trial investigation is based on written document circulation. The investigator plays the leading role.
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Kachalova, Oksana V., and Vadim M. Gerasenkov. "Accelerated Pre-Trial Proceedings in the Russian Criminal Process: Formation of Optimal Models." Pravosudie / Justice 4, no. 1 (2022): 103–21. http://dx.doi.org/10.37399/2686-9241.2022.1.103-121.
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Introduction. In modern conditions of optimisation of criminal proceedings and improvement of its efficiency, it is very important to analyse various models of accelerated pre-trial proceedings in criminal cases of minor and moderate crimes. Theoretical Basis. Methods. The object of the study is the criminal procedural legal relations that arise, change and terminate in connection with the use of accelerated procedural models in the course of pre-trial proceedings in criminal cases. The methodological basis of the research is the general dialectical method of scientific cognition, which made it possible to study the subject of research in relation to other legal phenomena, as well as general scientific methods of cognition (analysis, synthesis, induction, deduction, analogy, modeling) and private scientific methods of cognition (formal legal, historical-legal, comparative-legal, and concrete-sociological. Results. The author came to the conclusion that the accelerated criminal procedure procedures, depending on the totality of their procedural elements, can be conditionally divided into general, conciliatory (compromise) and protocol procedures. The criteria for differentiating models of accelerated pre-trial proceedings are criminal law, criminal procedure, organisational and criminological. The structure of the criminal law criterion consists of the category and severity of the crime committed. The content of the criminal procedure criterion is the discretionary powers of authorised officials to carry out an investigation in a particular accelerated pre-trial procedure, the will of the participants in the criminal process, and the reduction of the proof process. This latter point may include and in different ways combine, elements to narrow the subject of proof, reduce the duty of proof, correct the stage of verification of evidence and limit the means of proof. Organisational differentiation criterion determines, first, the corresponding accelerated pre-trial opportunity for establishment of circumstances, (subject to proof), and secondly, the benefits of these industries to focus on the investigation of more complex and socially dangerous crimes. The criminological criterion of differentiation is characterised by the characteristics of the personality of the person subject to criminal prosecution and the victim and determines the possibility of applying a particular accelerated pre-trial procedure, taking into account these properties. Accelerated forms of pre-trial proceedings are basically based on various methods of speeding up the process of criminal trial. These methods can be conditionally defined as general and special. The general method of speeding up pre-trial proceedings is characterised by a reduction in the duration of the investigation, as well as the removal of certain investigative and procedural actions from the procedure of procedural regulation. The special method involves speeding up pre-trial proceedings in order to reduce the process of proof, which includes narrowing of the subject of proof, reducing the duty of proof, correcting the stage of verification of evidence and limiting the means of proof. Discussion and Conclusion. The effective organisation of Russian accelerated pre-trial proceedings can be ensured through the implementation of three procedural models: Firstly, inquiry in the general order; Secondly, inquiry in the abbreviated form, (which is based on the positive post-criminal behavior of the person who committed the crime); Thirdly, protocol pre-trial proceedings, which is used in cases of minor crimes committed in conditions of evidence.
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Kadirova, Mokhigul Khamitovna. "MODELS OF DIGITALIZATION OF THE CRIMINAL PROCESS." EURASIAN JOURNAL OF ACADEMIC RESEARCH 2, no. 12 (2022): 31–34. https://doi.org/10.5281/zenodo.7274215.
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The article analyzes and classifies the models of digitalization of the criminal process. In order to simplify and speed up the criminal process, proposals and recommendations for the digitalization of pre-trial and judicial proceedings are scientifically substantiated.
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McDermott, Yvonne, and Colin Aitken. "Analysis of evidence in international criminal trials using Bayesian Belief Networks." Law, Probability and Risk 16, no. 2-3 (2017): 111–29. http://dx.doi.org/10.1093/lpr/mgx007.
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Abstract This article demonstrates how different actors in international criminal trials could utilise Bayesian Networks (‘Bayes Nets’), which are graphical models of the probabilistic relationships between hypotheses and pieces of evidence. We argue that Bayes Nets are potentially useful in both the examination of international criminal judgments and the processes of trial preparation and fact-finding before international criminal tribunals. With the use of a practical case study based on a completed case from the International Criminal Tribunal for the former Yugoslavia (ICTY), we illustrate how Bayes Nets could be used by international criminal tribunals to strengthen judges' confidence in their findings, to assist lawyers in preparing for trial, and to provide a tool for the assessment of international criminal tribunals' factual findings.
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Sahara, Siti, Nurasyiah Nurasyiah, and Liza Agnesta Krisna. "Problematika Persidangan Perkara Pidana di Masa Kahar." Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 5, no. 1 (2022): 97–109. http://dx.doi.org/10.24090/volksgeist.v5i1.4629.
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This study is aimed at finding a model for the implementation of online criminal trial after the publication of SEMA Number 1 of 2020. This is an empirical legal research. Interviews were done with related parties to find models for the implementation of online trials and the obstacles faced by law enforcement institutions. Online criminal trials are meant to keep the defendants from the possible spread of COVID-19 in detention centers or prisons. However, the trials are legally weak. Data collection techniques include interviews and observations. The interviews were conducted using free guided techniques. The findings show that there are differences in the implementation of online criminal trials because the procedural law mechanism policy is very dependent on the ability of each institution. These constraints caused unfair trials, in other words, violate the principles of fair trial.
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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 the development of the rule of law, have led to a large-scale adoption of foreign criminal procedure institutions.
 The authors examines the main models of pretrial investigation as a stage of criminal proceedings in the countries with the Anglo-Saxon (England, USA) and Romano-Germanic (France, Germany, Switzerland) legal systems. Given the materials studied, it is noted that when building models of pre-trial investigation of criminal proceedings, regardless of the system of law used in different States, the legislator focuses on improving two areas: criminal procedure and criminal law. The criminal law criterion is responsible for determining a more moderate sentence by reaching an agreement between the prosecution and defence. The criminal procedural criterion, in turn, defines two more areas of change: the possibility of reducing the procedural timeframe of the proceedings in a certain part or in general; reducing the procedural obligations of persons involved in criminal proceedings. The authors come to the conclusion that it is necessary to modernise the current model of the pre-trial stage of the national criminal procedure with due regard for the positive experience of the most developed Western countries.
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Evseev, Aleksandr. "The primitive criminal as a special type of international criminal — African cases." Meždunarodnoe pravosudie 14, no. 3 (2024): 90–107. https://doi.org/10.21128/2226-2059-2024-3-90-107.
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This article discusses the nature and characteristics of the primitive criminal in the context of a general typology of in-ternational criminals previously developed by the author. This type of criminal is prevalent on the African continent and in a number of Third World countries. An emphasis is placed on the unique personality traits of these criminals, in particular their inherent animism, spiritualism, and often lack of literacy. Particular attention is paid to the oral type of culture in which the primitive criminal is immersed. In turn, this leads to the tangible impact of rumors, legends, neigh-bors' messages, etc., on his consciousness, which often serves as a breeding ground for the formation of an internal readiness to commit international crimes. The article analyzes the practice of the International Criminal Tribunal for Rwanda in the Media case, during the consideration of which the Trial Chamber concluded that the actions of man-agement of the “Radio des Mille Collines” contained indicators of incitement to genocide. The fate of S. Bikindi, a popu-lar singer in Kinyarwanda whose songs were often broadcast on the radio during the genocide of 1994 and who was sentenced to a long prison term, is typical. Separate attention is devoted to the controversial issue of recognizing “cul-tural defense” as a new basis for exemption from criminal liability. The article notes that community justice, officially recognized in several countries in Africa and Latin America, and in particular the gacaca courts), is able to remove the contradiction between modern justice, built on European or Anglo-Saxon models, and the primitive criminal’s person-ality, formed in a national-cultural environment. It is an archaic form of justice administered not by a professional judge in the civil service but by the most authoritative representatives of the community, temporarily serving as informal judges. Trials in international criminal courts and tribunals where the “cultural defense” was used are analyzed, as are the legal principles formulated in these proceedings. The author concludes that from the point of view of substantive international criminal law, the actions of primitive criminals are most often treated as direct (and joint) perpetration, since it is by their hands that such atrocities are committed.
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Pechegin, Denis. "Theory and practice of mixing procedural models in the Pre-trial Chamber of the International Criminal Court mechanism of functioning." Meždunarodnoe pravosudie 10, no. 4 (2020): 100–111. http://dx.doi.org/10.21128/2226-2059-2020-4-100-111.
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The increasing interpenetration of the main models of the process and the approval of international standards for the production of criminal cases raise the question of the development and improvement of the form of legal proceedings in the category of the most relevant in modern science. On the one hand, the attention of many scientists is focused on strengthening the competitive core of the process and ensuring, as far as possible, a balance of power between the parties. On the other hand, it is stated that legal proceedings that do not pursue the goal of achieving material truth, especially due to the absolute nature of the principle of competition, lead to excessive formalism that has nothing to do with fair trial. The solution to the problem of combining trial models (the balance of adversarial and investigative cores) is seen in the International Criminal Court. The procedure of criminal proceedings in the International Criminal Court is the result of special scientific modeling taking into account the indicated doctrinal trends, and the degree of generalization of approaches of leading legal families in the structure of the Rome Statute of the International Criminal Court is so high that it allows us to speak about the universality of this procedural system. If the predecessors of the International Criminal Court preference were really given only one started (so, the ICTY was based on the example of the Anglo-Saxon adversarial procedure model with the “American accent”), the Rome Statute of the International Criminal Court reflected the trend to the initial formation of a balanced trial procedures designed to overcome the deviations in the balance of power by introducing an adversarial process with “inquisitorial” elements: for example, the Pre-trial Chamber, duties of the Prosecutor fully and objectively investigate the circumstances of the case, the duties of the court of first instance to establish the truth in the case. However, this does not mean any disregard for the adversarial core at the pre-trial stage. The article is devoted to theoretical and practical aspects of the combination of adversarial and investigative cores in the activities of the pre-trial Chamber of the International criminal court and reflects the results of a study led by professor Anita Ušacka, honorary doctor of law, in the preparation of a Commentary to the Rome Statute in Russian.
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Coscas-Williams, Béatrice, and Michal Alberstein. "A Patchwork of Doors." New Criminal Law Review 22, no. 4 (2019): 585–617. http://dx.doi.org/10.1525/nclr.2019.22.4.585.
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Our paper surveys the development of criminal hybrid models in two continental jurisdictions, Italy and France, following the 1987 Recommendation of the Committee of Ministers of the Council of Europe to accelerate criminal proceedings through the introduction of guilty pleas, out-of-court settlements and simplified proceedings. We describe various frameworks for criminal justice as a multi-door arena, of which the plea bargaining is but one of several possibilities. In our review, we emphasize consensual elements, the place of the search of truth, and the role of the judges and other stakeholders. We outline the different paths that France and Italy have taken as incorporating adversarial and inquisitorial elements to increase efficiency. The French system made gradual modifications and remained inquisitorial by nature. Aside from the more recent integration of proceedings without trial inspired by plea bargaining, it has developed doors of abbreviated trials where the investigation stage is minimized. This has resulted in a different version of the vanishing trial—the vanishing investigation. The Italian system, on the other hand, has announced a drastic transformation to an adversarial framework of trial, while adopting mainly proceedings without trial. This shift has not resulted in a vanishing trial phenomenon, and currently, the full adversarial-type trial remains the main door in Italy. We describe the sequence of transformations of these systems and emphasize the significance of this contemporary patchwork of doors in terms of the role of the judges and the possibility of implementing a conflict resolution criminal justice perspective.
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Kucher, V. O., and O. Y. Kryshtafovych. "PARTICIPATION OF DEFENDER IN THE APPLICATION OF MEASURES TO ENSURE CRIMINAL PROCEEDINGS IN THE PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENSES." Herald of criminal justice, no. 1-2 (2022): 41–71. http://dx.doi.org/10.17721/2413-5372.2022.1-2/41-71.
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Practices of defense counsel’s participation in pre-trial investigation of criminal offenses when applying measures to ensure criminal proceedings. The purpose of the article is to study the problematic issues of defense counsel’s participation in the pre-trial investigation of criminal offenses when applying measures to ensure criminal proceedings and to substantiate scientific proposals for their solution. It is proved that participation of a defense counsel in the pre-trial investigation of criminal offenses during the application of measures to ensure criminal proceedings is one of his/her main powers to implement the criminal procedural function of defense in criminal proceedings. The author emphasizes that the current CPC of Ukraine clearly defines the system of application of measures to ensure criminal proceedings, the grounds and procedure for their application. However, defense counsels, while exercising the defense function in the pre-trial investigation, in practice do not always take into account the specifics of application of each of such measures, do not always properly substantiate their legal position with evidence, and do not fully implement the theoretical developments of criminalists regarding the organization and tactics of defense counsel’s participation in the pre-trial investigation of criminal offenses when applying measures to ensure criminal proceedings. Based on the analysis of the results of the study of criminal proceedings, the author concludes that some defense counsels do not sufficiently substantiate their legal position when applying measures to ensure criminal proceedings with appropriate and sufficient evidence, which objectively does not allow the investigating judge to satisfy the defense counsel’s motion to apply certain measures of ensuring, change or cancel them. The author substantiates the position that in order to fully realize the defense function in the pre-trial investigation of criminal offenses when applying interim measures of criminal proceedings, the institute of attorney’s investigation should be introduced into the current CPC of Ukraine, which has already successfully functioned in various legal models of the world and has proven to be effective and an important tool for strengthening the adversarial principles of criminal proceedings at the pre-trial investigation.
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Kuczyńska, Hanna. "Pozycja procesowa oskarżonego jako osobowego źródła dowodowego w Polsce i Anglii – rozważania prawno-porównawcze." Studia Prawnicze, no. 2 (218) (September 30, 2019): 97–127. https://doi.org/10.5281/zenodo.3345839.
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The article presents the position of the accused in criminal trial as a personal source of evidence and its procedural consequences. This position is one of the main differences between the adversarial and continental models of procedural criminal law which will be presented on the example of legal systems of Poland and Germany, and England. First of all, the scope of the right to silence and its possible limitations will be discussed – when the accused has no wish to become a personal source of evidence at all. Then, if the accused decides to give up this right, a question arises as to the form by which he makes statements in criminal trial. One of the forms of breaking the silence is e.g. confessing (either in trial or outside trial). Finally, the relationship with other elements of the criminal proceedings will be presented, related to the defendant’s trial position, which influence the procedural position of the accused. The considerations will be summarized by the attempt to answer a question, in which legal tradition the position of the accused is in fact more favorable and why it is not possible to give a definite answer to such a question.
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Pechegin, Denis A. "Theory and Practice of Mixing Procedural Models in the Trial Chamber of the International Criminal Court." Russian Journal of Legal Studies (Moscow) 1, no. 2 (2024): 97–106. http://dx.doi.org/10.17816/rjls629275.
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INTRODUCTION. In the context of the active development of information technologies and their integration into the main models of judicial proceedings, the functions and role of the court in considering a criminal case on its merits have become a highly relevant topic of modern science. On one hand, many scientists have focused on strengthening the adversarial nature of legal proceedings, ensuring a balance of power between the parties, and building mechanisms to guarantee the right to judicial protection. However, legal proceedings that do not pursue any normatively fixed goals lead to excessive formalism, as the adversarial system remains the only proven method for establishing the circumstances of a case. This approach does not fully align with the principles of justice and fairness in the final verdict. The International Criminal Court (ICC) embodies a scientific approach to solving the problem of combining various forms of legal proceedings and ensuring a balance of power between the parties, partly by assigning an active role to the court and aiming to achieve truth in the process. The ICC’s criminal process results from scientific modeling that considers identified doctrinal trends. The high degree of commonality in the approaches of leading lawyers within the Rome Statute of the ICC suggests their universality. This article explores the theoretical and practical aspects of combining process models in the ICC Trial Chamber activities. MATERIALS AND METHODS. The methodological basis of this article comprises general scientific and special methods for understanding legal phenomena and processes in the field of international criminal procedure. These include the method of system-structural analysis, the formal logical method, the method for synthesizing sociolegal phenomena, and historical description. RESULTS. This article confirms the relevance of addressing the functions and role of the court in considering a criminal case and its merits in modern criminal procedure research. Using the ICC Trial Chamber’s regulatory and organizational peculiarities, it substantiates that the adversarial model of the criminal process does not preclude assigning an active role to the court in examining the facts to be proved. It also supports setting the goal of achieving material truth, which is essential for completing a complete, comprehensive, and objective study of the case materials. Furthermore, there are three levels in the structure of the ICC Trial Chamber’s functions and powers, each of which is embodied in law enforcement practice to facilitate a special and flexible combination of the adversarial and investigative principles of legal proceedings. DISCUSSION AND CONCLUSION. This article proves that a court’s active role in criminal proceedings does not conflict with the adversarial nature of proceedings. An analysis of the provisions of the Rome Statute of the ICC, the Rules of Procedure and Evidence, and the jurisprudence of international tribunals highlights the advantages and disadvantages of the ICC Trial Chamber.
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Kuczyńska, Hanna. "Better to Explain or to Testify? The Position of the Accused as a Source of Oral Evidence in a Criminal Trial in a Comparative Perspective." Comparative Law Review 27 (December 22, 2021): 47–77. http://dx.doi.org/10.12775/clr.2021.002.
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In this article the position of the accused as a source of personal evidence in three different European legal systems: Poland, Germany, and England, will be presented. This analysis will be oriented to understand the way of functioning of the two different models of giving statements of fact by the accused at a criminal trial. The main difference is that in the common law model of criminal trial the accused may only present evidence by testifying as a witness speaking about what happened, whereas in the continental model the accused gives a specific personal type of evidence (that in the Anglo-Saxon literature is rather described as “oral evidence”) that is known as explanations. From this differentiation several consequences arise: among others, the possibility of presenting untruthful explanations and presenting many versions of events in the continental model which have to be assessed by the judges. At the same time, the same right of the accused to silence and not to give incriminating evidence applies in both models of criminal trial – however, in two different shapes and with different types of limitations.
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Perova, Yulia Sergeevna. "The model of the jury trial according to the Judicial Statutes of 1864." Samara Journal of Science 14, no. 1 (2025): 84–88. https://doi.org/10.55355/snv2025141203.
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This article describes the model of the jury trial according to the Judicial Statutes of 1864. The aim of the author was to compare the trial by jury in the Russian Empire with the Anglo-Saxon and continental models of the trial by jury, to identify the features of the criminal process involving jurors in the Russian Empire. Special attention is paid to such features of judicial investigation as the adversarial and investigative approach in criminal proceedings, the role of the presiding judge in the consideration of the case in court, the study of the defendant's personality in the framework of criminal proceedings, and the verdict by the jury. A study of the differences between jury trials in the Anglo-Saxon and continental systems shows that the judicial system of the Russian Empire cannot be unambiguously attributed to either of these two systems. In the article, the author proves that after analyzing the origin, legal norms and practice of jury trials in different European countries, the creators of Judicial Reform have developed a unique model of this institution. Her approach corresponded to the Russian way of life, although it embodied the basic principles of bourgeois law: the independence of the court, equality of all before the court, public participation in the administration of justice, oral and transparent process.
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Polyakov, Dmitriy. "Institute of Trial in the Countries of the Far East." Journal of Foreign Legislation and Comparative Law 20, no. 2 (2024): 114. http://dx.doi.org/10.61205/s199132220027857-8.
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The criminal procedure doctrine has developed a classification of forms of trial with the allocation of characteristic features by which they can be identified. Thus, in general, judicial-revision, accusatory and mixed forms of trial are distinguished. The institution of bringing to trial in the criminal process of a particular State, although it can be generally attributed to a certain form, however, in a normative reflection it includes the specifics of the national procedure for criminal proceedings. The urgency of solving the problems of bringing the accused to trial in domestic criminal proceedings, the procedure of which has not changed substantially since the adoption of the CPC of the Russian Federation in 2001, forces us to turn to a comparative legal study of the legal regulation of this institution. On the one hand, it is legitimate to consider the experience of Western countries, since the domestic criminal process is historically interconnected with the European legal traditions of its organization. In addition, the approaches of Western countries are mutatis mutandis widespread in the world. On the other hand, the example of the countries of the Far East confirms that, even despite the borrowing of Western models of criminal proceedings or their individual institutions, their laws define the specifics of the procedure for criminal proceedings, reflecting national legal traditions and having a certain identity, especially when regulating the procedure for bringing an accused to court. The article analyzes the institution of trial in the criminal proceedings of some countries of the Far East, examines its features and highlights the elements of judicial review and accusatory forms of trial, and gives a classification of the countries of the Far East on this basis.
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Coscas, Williams Beatrice, and Michal Alberstein. "A PATCHWORK OF DOORS: ACCELERATED PROCEEDINGS IN CONTINENTAL CRIMINAL JUSTICE SYSTEMS." New Criminal Law Review 22, no. 4 (2019): 585–617. https://doi.org/10.5281/zenodo.3526171.
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Our paper surveys the development of criminal hybrid models in two continental jurisdictions, Italy and France, following the 1987 Recommendation of the Committee of Ministers of the Council of Europe to accelerate criminal proceedings through the introduction of guilty pleas, out-of-court settlements andsimplifiedproceedings.Wedescribevariousframeworksforcriminaljustice as a multi-door arena, of which the plea bargaining is but one of several possibilities. In our review, we emphasize consensual elements, the place of the search of truth,and the role of the judges and other stakeholders. We outline the different paths that France and Italy have taken as incorporating adversarial and inquisitorial elements to increase efficiency. The French system made gradual modifications and remained inquisitorial by nature. Aside from the more recent integration of proceedings without trial inspired by plea bargaining, it has developed doors of abbreviated trials where the investigation stage is minimized. This has resulted in a different version of the vanishing trial—the vanishing investigation. The Italian system, on the other hand, has announced a drastic transformation to an adversarial framework of trial, while adopting mainlyproceedingswithouttrial.Thisshifthasnotresultedinavanishingtrial phenomenon, and currently, the full adversarial-type trial remains the maindoor in Italy. We describe the sequence of transformations of these systems and emphasize the significance of this contemporary patchwork of doors in terms of the role of the judges and the possibility of implementing a conflict resolution criminal justice perspective.
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Tsyganyuk, Yu V., and V. O. Kulebyakin. "Differentiation of the criminal procedural form and its significance for criminal justice." Analytical and Comparative Jurisprudence, no. 2 (June 23, 2023): 352–57. http://dx.doi.org/10.24144/2788-6018.2023.02.61.
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In the article, the authors researching modern procedural legislation pay special attention to the differentiation of the procedural form and establishing its significance for criminal justice as a whole.The authors analyze the theoretical and practical problems of certain differentiated forms of criminal proceedings. Thus, in the article, the authors investigated proceedings in cases involving minors; peculiarities of proceedings regarding persons who have not reached the age of criminal responsibility in the age range from eleven years and up to the age of criminal responsibility; the specifics of the differentiation of pre-trial investigation and court proceedings regarding the application of coercive measures of a medical nature; simplified proceedings regarding criminal misdemeanors; proceedings based on agreements; separate procedural forms that simplify court proceedings; proceedings in a jury trial; proceedings in the form of private accusation; special regime of pre-trial investigation, court proceedings under martial law.The above-mentioned studies are conducted by the authors using both a theoretical understanding of the differentiated forms of criminal proceedings defined above, and an applied component of the analysis of problems that arise in the practice of applying the norms of the Criminal Procedure Code of Ukraine.As a result of the research, the conclusion was formulated that in the conditions of the modern criminal process system of Ukraine, differentiation of forms of criminal proceedings is a necessary element of its effectiveness. The construction of various models and ways of regulating criminal procedural legal relations creates the necessary procedural mechanisms for achieving the objectives of criminal proceedings.The practical level of differentiation of criminal proceedings carried out by the authors includes the assessment of the current criminal procedural legislation regarding the content of the grounds for differentiation and the practice of applying individual differentiated forms of criminal proceedings in the context of achieving the effectiveness of criminal proceedings, identifying problems and developing proposals for their elimination.
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Bojanowski, Tomasz. "Czynnik sądowy w postępowaniu przygotowawczym – wybrane aspekty historycznoprawne." Miscellanea Historico-Iuridica 23, no. 1 (2024): 412–39. https://doi.org/10.15290/mhi.2024.23.01.17.
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The purpose of this article is to discuss the participation of the judicial factor in pre-trial proceedings from a historical perspective in Polish legislation. The author will present in the text the formation of the model of Polish pre-trial proceedings from 1928 to the current state of the law. The author will try to discuss the characteristics of the models occurring in the indicated period, i.e. the model of the Second Republic of Poland, the People’s Republic of Poland and the Third Republic of Poland. Furthermore, he will indicate the scope of the court’s activities in pre-trial proceedings in each of the indicated periods with a distinction between decision-making, control and evidentiary activities. He will also try to show that the changes introduced during the period of the People’s Republic of Poland broke with the traditional model of Polish criminal trial and pre-trial proceedings that was established in the Second Republic.During the early communist period, the judicial factor was eliminated from pre-trial proceedings, and the 1969 Code of Criminal Procedure introduced it only in a facade form. On the other hand, the Code of Criminal Procedure of 1997 has retained a number of solutions that directly refer to the post-Soviet model of criminal proceedings, resulting from the solutions adopted in the years 1944–89, which in several respects (e.g. the court’s availability at this stage of pre-trial proceedings, the conduct of hearings) deviates from Western standards and is characterised by a number of dysfunctions (despite the evolution it has undergone through a number of amendments). The author will also indicate the direction of potential changes to the Polish criminal procedure with regard to the role of the court in pre-trial proceedings. The work is based in particular on the achievements of the doctrine of Polish criminal procedure and normative acts. It uses the formal-dogmatic, theoretical-legal and historical-legal method.
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Folk, Johanna B., Jeffrey B. Stuewig, Brandy L. Blasko, et al. "Do Demographic Factors Moderate How Well Criminal Thinking Predicts Recidivism?" International Journal of Offender Therapy and Comparative Criminology 62, no. 7 (2017): 2045–62. http://dx.doi.org/10.1177/0306624x17694405.
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Is the relationship between criminal thinking and recidivism the same for criminal justice–involved individuals from varying demographic backgrounds? Relying on two independent samples of offenders and two measures of criminal thinking, the current studies examined whether four demographic factors—gender, race, age, and education—moderated the relationship between criminal thinking and recidivism. Study 1 consisted of 226 drug-involved probationers enrolled in a randomized clinical trial. Study 2 consisted of 346 jail inmates from a longitudinal study. Logistic regression models suggested that the strength of the relationship between criminal thinking and subsequent recidivism did not vary based on participant demographics, regardless of justice system setting or measure of criminal thinking. Criminal thinking predicts recidivism similarly for people who are male, female, Black, White, older, younger, and more or less educated.
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Dikarev, Ilya. "Issues of the Theory of Criminal Procedure Agreements: The Object and Subject of the Agreement." Legal Concept 24, no. 1 (2025): 92–102. https://doi.org/10.15688/lc.jvolsu.2025.1.13.
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Introduction: despite the rather long practice of concluding and implementing pre-trial cooperation agreements, the criminal procedure theory has not developed a unified approach to understanding what the object and subject of this type of criminal procedure agreement are. Such uncertainty is an objective obstacle to the development of new models of procedural contracts. The purpose of the study is to find out what obligations the parties assume concerning the conclusion of a pre-trial cooperation agreement, as well as what actions the prosecutor should perform in fulfillment of his contractual obligations. Methods: for this purpose, the general scientific methods of analysis and synthesis, the systematic approach, the method of legal interpretation, and the logical-legal method were used. The dialectical method served as the methodological framework. As a result of the research, it is found out that the criminal charge cannot be the subject of a procedural agreement between the parties to the proceedings; the only duty of the prosecutor, which he must fulfill in case of proper cooperation during the investigation by the accused, is to send the criminal case to court with the submission provided for in Part 1 of Art. 317.5 of the CPC RF. Conclusions: a change in the criminal charge during the investigation of a criminal case should not entail a renegotiation of the pre-trial cooperation agreement; the consent to the criminal charge is not a prerequisite for concluding an agreement; the development of contractual relations in criminal proceedings primarily involves the search for new objects about which the parties could enter into agreements.
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Rossinskiy, Sergey B. "The system of pre-trial proceedings in the criminal proceedings of the Russian Federation: Factors of formation." Vestnik of Saint Petersburg University. Law 12, no. 3 (2021): 621–42. http://dx.doi.org/10.21638/spbu14.2021.309.
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The article is devoted to the analysis of historical prerequisites that predetermined the distinctive nature of the national system of Russian pre-trial proceedings as the initial stage of criminal procedure. By analyzing the peculiarities of domestic criminal procedure legislation, and the development of judicial and law enforcement agencies, in addition to drawing comparative parallels with foreign mechanisms for solving and investigating crimes, the author assumes that the gradual autonomy of the Soviet and then Russian system of pre-trial proceedings was a direct result of the well-known historical cataclysms associated with the Soviet power establishment in 1917 and its fall in 1991. It is noted that a rather unique model, based on the chaotic mixing and interweaving of various, including poorly compatible, elements inherent in various models of criminal procedure (French, German, Anglo-Saxon) of pre-trial proceedings has been formed in Russia at present. These elements are linked by means of specific domestic criminal procedure doctrine’s “inventions”, which are reflected in the relevant provisions of criminal procedure law and practical recommendations for law enforcement practice. The modern Russian model of pre-trial proceedings is expressed in the integration of the functions of the “police” and “justice”, in providing law enforcement agencies criminal procedural powers of a forensic nature to collect full-fledged evidence for the upcoming court hearing. According to the author, this explains many doctrinal and legislative problems of Russian pre-trial proceedings, which for many years have had a negative impact on judicial and investigative practice (problems related to the initiation of criminal proceedings; problems of practice in proving the results of operational-search activities; problems related to the legal regulation of the detention of a suspect, etc.). The research concludes that the legislator should stop the law-creating “throwing”, the policy of a chaotic mixing of various elements inherent in different types of criminal proceedings, and, finally, choose one single model that is the most suitable for modern Russia with its laws and realities of development.
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Murashko, A. S. "SPECIALIST-PROFILER AS A SUBJECT OF INVESTIGATION SUPPORT: COMPETENCE AND FUNCTIONAL DIRECTION." Herald of criminal justice, no. 3-4 (2022): 202–8. http://dx.doi.org/10.17721/2413-5372.2022.3-4/202-208.
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Reforming the system of law enforcement agencies requires, first of all, the creation of new models and ways of detecting and countering criminal activity, which is connected with the dynamic nature of the latter’s development. Taking into account the mentioned transformations, the question arises regarding the structural and functional restructuring of the structure of the National Police of Ukraine, since the criminogenic potential in Ukraine will continue to be quite high, as evidenced by statistical data on registered criminal offenses and the results of their pre-trial investigation, which are provided annually by the Office of the Prosecutor General. Despite the rather large number of scientific works devoted to the investigation of criminal activity, the question of involving in the investigation a subject new to the domestic investigative and operative search practice, the subject of providing the investigation – the profiler, which has positively proven itself in foreign countries, in particular, in the United States, remains insufficiently studied today. States of America. The implementation of gains and achievements obtained through the introduction of criminal profiling into investigative practice will make it possible to search for criminals more efficiently and quickly and prevent new episodes of criminal offenses. The purpose of the article is to study the competence and functional focus of the specialist-profiler as a subject of investigation support. According to the results of the research, the author investigated the experience of foreign countries regarding the participation of profilers during the investigation of criminal activity; an analysis of the activities of the most famous profilers was carried out, which made it possible to formulate the qualification requirements for such a person and the functional orientation of his activity, taking into account the peculiarities of the domestic legal system; an analysis of the legal regulation of the involvement of a specialist-profiler in the investigation of criminal activity was carried out, taking into account the current criminal procedural legislation; the author’s definition of the definition «specialist-profiler» was formulated; the interaction of the specialist-profiler with other participants in criminal proceedings during the investigation is determined. Key words: investigation of criminal activity; pre-trial investigation; crime investigation method; profiling; the subject of investigation support; specialist-profiler; National Police of Ukraine.
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Vilkova, T. Yu. "Organization of pre-trial proceedings in criminal cases in Russia and abroad as a factor in ensuring access to justice." Courier of Kutafin Moscow State Law University (MSAL)), no. 10 (December 22, 2020): 167–79. http://dx.doi.org/10.17803/2311-5998.2020.74.10.167-179.
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The article shows the main models of building pre-trial proceedings in the Russian Federation and foreign countries, analyzes the provision of access to justice in each of the models. A number of measures have been proposed to build pre-trial proceedings in criminal cases that effectively ensure access to justice, including abandoning the stage of initiating a criminal case and keeping a countdown of the preliminary investigation from the moment of registration of a crime report, conducting pre-trial cognitive activity (investigation) under the guidance of a prosecutor, and bringing charges by the prosecutor.based on the results of the investigation, granting participants who are not vested with authority the right to apply to the court to deposit evidence and to assist the court in protecting their interests in connection with the refusal of the preliminary investigation body to satisfy motions related to the process of proving, the introduction of effective simplified and accelerated procedures in pre-trial proceedings, the establishment of digital interaction between government agencies and the population through a single secure digital online platform; creation of a mechanism for filing reports of crime through a special online service integrated into the specified digital platform.
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Hartston, Barnet. "Closing the Courtroom: Press Restrictions and Criminal Trials in Late Nineteenth Century Germany." Law and History Review 35, no. 1 (2016): 201–33. http://dx.doi.org/10.1017/s073824801600050x.
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In 1885 and 1886, two trials helped to precipitate a vigorous debate about when criminal proceedings should be closed to the public and when press reports on such cases should be restricted or banned altogether. First, the trial of the artist Gustav Graef for perjury and inappropriate relations with underage models featured sensationalized press reports that provoked a firestorm of public criticism. Soon afterward, press coverage of the trial of a Danish spy, Christian von Sarauw, revealed compromising details about German military planning and outraged government officials. The result was the proposal of a new law to limit public and press access to trials which posed a potential danger either to public decency or national security. Despite vigorous government efforts, this new legislation repeatedly stalled in the German Reichstag, in part because of concerns about protecting legal transparency and freedom of the press. The debates surrounding this law demonstrate the extent (and limits) to which liberal ideals such as legal transparency and freedom of the press had become embedded in Imperial German society and also the substantial power of the German Reichstag to obstruct the will of the government–even in making new laws deemed vital for national security.
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Dr.Lubbna, AhmaD Krishan. "International Criminal Evidence in Jordanian Law." International Journal of Recent Research in Social Sciences and Humanities (IJRRSSH) 11, no. 3 (2024): 39–55. https://doi.org/10.5281/zenodo.12699889.
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<strong>Abstract:</strong> The purpose of this article is to examine some features of the International Criminal Court (hereinafter "ICC") procedural system, in particular the law of evidence, making use of theoretical models. The article first deals with the disclosure phase. Second, it focuses on the admission of evidence. To conduct the analysis, two widely known theoretical models, are employed: the accusatorial versus the inquisitorial model, and the Damaika partition between the reactive and proactive State. Despite its accusatorial structure, ICC provisions provide many important exceptions to the typical features of the accusatorial theoretical model. In particular, to uphold the values inherent in the international criminal justice system, the ICC Statute and Rules provide various exceptions to the prohibition against admitting unchallenged testimonial statements at trial. Additionally, in the disclosure phase, notwithstanding a parties-led general structure, procedural sanctions seem oriented towards leading the trial to a (possibly correct) conclusion on the merits, rather than merely punishing the misconduct of a culpable party. <strong>Keywords:</strong> International Criminal Court, international criminal justice system, ICC Statute. <strong>Title:</strong> International Criminal Evidence in Jordanian Law <strong>Author:</strong> Dr.Lubbna AhmaD Krishan <strong>International Journal of Recent Research in Social Sciences and Humanities (IJRRSSH)</strong> <strong>ISSN 2349-7831</strong> <strong>Vol. 11, Issue 3, July 2024 - September 2024</strong> <strong>Page No: 39-55</strong> <strong>Paper Publications </strong> <strong>Website: www.paperpublications.org</strong> <strong>Published Date: 09-July-2024</strong> <strong>DOI: https://doi.org/10.5281/zenodo.12699889</strong> <strong>Paper Download Link (Source)</strong> <strong>https://www.paperpublications.org/upload/book/International%20Criminal%20Evidence%20in%20Jordanian%20Law-09072024-3.pdf</strong>
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HUTSON, LORNA. "Rethinking the ““Spectacle of the Scaffold””: Juridical Epistemologies and English Revenge Tragedy." Representations 89, no. 1 (2005): 30–58. http://dx.doi.org/10.1525/rep.2005.89.1.30.
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ABSTRACT Michel Foucault's analysis of penal torture as part of a regime of truth production continues to be routinely applied to the interpretation of English Renaissance drama. This paper argues that such an application misleadingly overlooks the lay participation that was characteristic of English criminal justice. It goes on to explore the implications of the epistemological differences between continental inquisitorial models of trial and the jury trial as it developed in sixteenth-century England, arguing that rhetorical and political differences between these two models are dramatized in the unfolding action of Shakespeare's Titus Andronicus.
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Kuzina, Alexandra. "Reform of the Spanish jury trial." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2021, no. 4 (2021): 184–90. http://dx.doi.org/10.36511/2078-5356-2021-4-184-190.
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The article discusses the reform of the Spanish jury court in 1995, based on the provisions of the classical jury court of the Anglo-Saxon legal family. The author uses a comparative legal method to identify the features of the adversarial and inquisitorial systems of law, allowing to distinguish between the main models of the criminal process. Comparing the essence of the American jury trial as a representative of the Anglo-Saxon system with its Spanish counterpart, the author comes to the conclusion that the reform didn’t lead to drastic changes, but it only strengthened the investigative nature of the process.
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Shkolnikov, Vladyslav. "Obtaining Information From the Internet by Using Cloud Technologies During Pre-Trial Investigation." Internal Security 11, no. 1 (2019): 113–19. http://dx.doi.org/10.5604/01.3001.0013.5346.
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The use of information technology is an essential part of law enforcement activity. Cloud technology is widely widespread in our life. Unfortunately, it should be noted that this technology is not widespread in the activities of investigators during the pre-trial investigation of criminal offenses. Therefore, in this article the author focuses on the possibilities of using cloud technologies in law enforcement, as well as on the distinctive features of this technology. In addition, the author has conducted a study in the context of the possibility of obtaining information from the Internet using cloud technologies during pre-trial investigation of criminal offenses. Ways of obtaining information from the Internet using cloud technologies during the pre-trial investigation are studied and criminal procedural means of obtaining such information during the pre-trial investigation are identified. The problems of using cloud technology by the investigator are described in the article. The positive aspects of replacing traditional personal computers with cloud services are identified. The history of the development of cloud technologies is described. The models of cloud technologies and their importance in the activities of the investigator are analysed. The author has investigated the features of using virtual computers in Amazon Web Services during the pre-trial investigation. The possibility of using software product such as Microsoft Office 365 by the investigator is described.
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Allegrezza, Silvia, and Lorenzo Bernardini. "Digital Participation at Criminal Trials in Europe – Toward a Paradigm Shift?" European Journal of Crime, Criminal Law and Criminal Justice 33, no. 1-2 (2025): 17–42. https://doi.org/10.1163/15718174-bja10063.
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Abstract The digitalization of criminal trials in Europe represents a transformative shift from traditional, physical courtroom settings to virtual participation. This transition, though driven by efficiency purposes, cost reduction, and enhanced access to justice, presents great challenges to the right to effective participation at trial as enshrined in Article 6 echr and EU law. By analyzing ECtHR jurisprudence and EU legal instruments, this paper critiques the inadequacy of current approaches adopted by both frameworks, including the ‘normative equivalence’ and ‘tolerable differences’ models, which assumes that physical and digital participation, respectively, to be equivalent or at least, comparable. This article calls for abandoning outdated paradigms, advocating for a new framework rooted in digital rights tailored for a brand-new digital justice, in the light of the 2023 European Declaration on Digital Rights.
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Макаренко, Максим Анатольевич, and Дмитрий Владимирович Павлов. "Legislative Models of Exercising Procedural Management, Control and Supervision over Investigative Activity: History and Contemporaneity." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 2 (June 15, 2021): 97–102. http://dx.doi.org/10.26163/gief.2021.86.69.014.
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В статье проводится анализ правовых моделей процессуального руководства, контроля и надзора за следственной деятельностью, действовавших в различные исторические периоды развития отечественного уголовного судопроизводства. Рассмотрены позитивные и негативные аспекты их функционирования. Представлен авторский взгляд на функции и полномочия прокурора и руководителя следственного органа в досудебных стадиях уголовного судопроизводства. The article provides a thorough analysis of legislative models of procedural management, control and supervision over investigative activity used to be in force during different historical periods of the evolution of Russian criminal justice system. The study focuses on positive and negative aspects of the models performance. The authorial viewpoint is presented with regard to the role and authorities of both the prosecutor and head of the investigative body in pre-trial phases of criminal proceedings.
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Kubariev, Ivan, and Serhii Barhan. "INTERROGATION TACTICS: FOREIGN EXPERIENCE." Law Journal of Donbass 75, no. 2 (2021): 153–60. http://dx.doi.org/10.32366/2523-4269-2021-75-2-153-160.
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The purpose of the study is to acquaint domestic experts with the theoretical developments of foreign criminologists on the tactics of interrogation in the pre-trial investigation and determine the trends of their development. Modern trends in law must qualitative rethinking of existing methods of interrogation in the direction of humanization. New methods of interrogation, which have been developed in foreign countries, propose to ensure the observance of human rights with the fulfillment of the tasks of criminal proceedings. The study of models such as PEACE and KREATIV shows the possibility of moving from interrogation to procedural interview. A procedural interview is an effective mechanism for collecting and recording accurate, reliable and reliable information during the investigation of criminal offenses. At the same time, modern models of interrogation do not resort to torture and other violations of human rights. Modern approaches to developing interrogation models focus on psychological and cognitive components. They contribute to the preparation of complete and truthful testimony of the interrogated. Thus, the article has described the foreign experience of interrogation as an effective mechanism for obtaining complete and reliable factual data in the pre-trial investigation. Based on the analysis of foreign models, the leading role of the humanistic and narrative approaches have determined in the development of new and improvement of existing methods of interrogation, which will ensure the proper implementation of the tasks of criminal justice. Modern approaches to the development of interrogatory models are concentrated on its psychological and cognitive components, within which the creation and maintenance of the proper level of communication, which will contribute to the completeness and objectivity of indications of interrogated, omitting indictment, coercive or obsessive approaches. According to the results of the research, an attempt we have made to single out the forensic features of interrogation models used in foreign countries to increase the effectiveness of the process of detection and investigation of criminal offenses.
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Caianiello, Michele. "Criminal Process faced with the Challenges of Scientific and Technological Development." European Journal of Crime, Criminal Law and Criminal Justice 27, no. 4 (2019): 267–91. http://dx.doi.org/10.1163/15718174-02704001.
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This work examines some current-time challenges to the basic principles concerning fact-finding in criminal proceedings. The starting point of the analysis is that, no matter the theoretical model adopted in a criminal justice system, the essence of fair trial is that each party shall enjoy an effective chance to tell its story and to challenge the story and the theses proposed by the counterparts. This approach to criminal proceedings, that we can synthetically define as inspired by the art of doubt, seems nowadays under attack, because of the recent developments at the scientific and technological levels, and of their implication to fact-finding models at trial. In particular, in a cultural and legal framework showing a decreasing sensitivity to the rights of the defence, the “doubt-based” or Socratic traditional approach seems defied by three factors: the digital revolution; the raise and spreading use of neurosciences; and the increasing employment of artificial intelligence in adjudicating cases. The thesis here submitted is that the traditional bases of fact-finding at trial can endure even against these challenges, as far as lawyers and scholars will be able to keep a critical and doubt-oriented approach to the new scientific and digital evidentiary instruments made available by the current development of technology.
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Tsilmak, O. "THE MAIN BEHAVIORAL MODELS OF PERSONS OF DIFFERENT TYPES OF CHARACTER ACCENTUATION WHEN THEY PROVIDE INACCURATE INFORMATION ABOUT THE CIRCUMSTANCES OF A CRIMINAL OFFENSE AND TACTICS FOR VERIFYING THISINFORMATION." Criminalistics and Forensics, no. 66 (2021): 305–23. http://dx.doi.org/10.33994/kndise.2021.66.24.
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The bodies of preliminary investigation make high demands on the competence of the investigator, one of the important varieties of which is tactical and psychological. The tactical and psychological competence of an investigator is his/her ability to tactically and psychologically competently carry out investigative (search) actions to ensure the effectiveness and efficiency of the pre-trial investigation of a criminal offense. One of the significant and leading skills of the investigator, which condition and determine tactical and psychological competence, is the ability to: 1) collect, verify and evaluate evidence “... to establish circumstances that are important for criminal proceedings …” (clause 2 Article 91 of the Criminal Procedure Code of Ukraine); 2) verify information and data on the circumstances of the criminal offense; 3) establish the objective truth in the circumstances of the criminal offense; 4) determine the typology of the personality (witness, victim, suspect, accused) for the selection of the most effective methods of influence, determination of tactics of actions and tactics, etc. One of the most widespread and empirically investigated personality typologies is the theory of character accentuation by K. Leonhard and A. Lichko. The authors described in sufficient detail the types they identified and demonstrated on specific examples the typical behavioral models for these types. Based on these scientific theories and many years of psychological practice, the author, in the article, discloses the basic behavior models of a person of a certain type of character accentuation, which provides inaccurate information about the circumstances of a criminal offense. As well as his typical emotional and behavioral reactions to a direct indication by the investigator about its unreliability indications. Tactical techniques are proposed for verifying the information provided by persons of various types of character accentuation. It is noted that in the course of investigative (search) actions, to identify and establish the veil of a person's message of false information about the circumstances of a criminal offense, the investigator must pay attention to all signs that may indicate a lie, that is, signs, signals, indicators, behavior patterns, etc. It is emphasized that to verify information regarding the circumstances of a criminal offense, employees of pre-trial investigation bodies and operational units must undergo advanced training in such thematic courses as “Cognition of personality psychology” and “Information verification technology”. This will enhance the efficiency and effectiveness of investigative, operational, and investigational activities and will ensure the quality of preliminary investigation of criminal offenses.
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Kuczyńska, Hanna. "Mechanisms of elimination of undesired evidence from criminal trial: a comparative approach." Revista Brasileira de Direito Processual Penal 7, no. 1 (2021): 43. http://dx.doi.org/10.22197/rbdpp.v7i1.473.
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Este artigo pretende apresentar dois modelos de exclusão de provas indesejáveis que operam em ordenamentos continentais e de common law. São analisados os mecanismos de bloqueio de informações antes de se tornaram provas no processo penal, os quais podem ser definidos como instrumentos (soluções) adotadas em um determinado modelo de processo penal que permite a verificação e eventual exclusão de provas inadmissíveis pois definidas como indesejáveis à verificação dos fatos. Com base em uma “perspectiva de modelo”, será descrito o funcionamento desses mecanismos de exclusão (ou bloqueio) de provas indesejáveis nos Estados Unidos e na Inglaterra, na Alemanha, na França, na Polônia e na Itália. Também serão analisados o estágio da eliminação e o tipo de procedimento para aplicar o bloqueio. Analisar-se-á o modo em que a análise atomística e holística da prova atua e as suas consequências. A última parte do texto irá demonstrar como a existência de distintos motivos para a exclusão da prova na forma de ilegalidade, não fiabilidade e irrelevância, a depender da gravidade da violação da lei, podem resultar em diferentes consequências. Isso permitirá verificar se os modelos continentais ou de common law são coerentes e efetivos e se eles atendem ao objetivo almejado de eliminar provas indesejáveis. Nas conclusões, será demonstrado que o árbitro final sobre admissibilidade da prova em ambos os modelos é o julgador e como isso autoriza a ponderação dos interesses legalmente protegidos em cada caso. Assim, também se observará que no modelo continental de exclusão de provas indesejáveis não se pode afirmar que há um mecanismo integralmente desenvolvido para bloquear informações de se tornarem provas no processo penal.
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Riddell, Jessica. "Putting authentic learning on trial: Using trials as a pedagogical model for teaching in the humanities." Arts and Humanities in Higher Education 17, no. 4 (2017): 410–32. http://dx.doi.org/10.1177/1474022217722510.
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Research on authentic learning has been predominantly focussed on skills-based training: there is a paucity of research on models of authentic learning available for adaptation in the humanities undergraduate classroom. In this article, I will seek to address this gap by proposing that legal trials are ideal models for designing authentic learning scenarios in undergraduate teaching and learning contexts, with a specific focus on the humanities. First, I discuss why and how the structure of legal trials can produce authentic learning environments. Second, I present an undergraduate classroom project that combined two disciplinary fields – Shakespearean drama and criminal law – in an effort to enhance student learning and engagement. I outline how the authentic learning scenario (ALS) was implemented and evaluated and, finally, reflect on the barriers, challenges and potentially transformative effect of authentic learning environments on students and educators. This new intervention combines legal studies and English literature in order to create authentic learning environments to increase interactions amongst students, enhance students’ learning, and foster conditions for transformative learning.
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Mitchell, Jane, Simon Mitchell, and Cliff Mitchell. "Machine learning for determining accurate outcomes in criminal trials." Law, Probability and Risk 19, no. 1 (2020): 43–65. http://dx.doi.org/10.1093/lpr/mgaa003.
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Abstract Advances in mathematical and computational technologies have brought unique and ground-breaking benefits to diverse fields throughout society (engineering, medicine, economics, etc.). Within legal systems, however, the potential applications of data science and innovative mathematical tools have yet to be embraced with the same ambition. The complex decision-making that is needed for reaching just verdicts is often seen as out of reach for such approaches and, in the case of criminal trials, this inhibits exploration into whether machine learning could have a positive impact. Here, through assigning numerical scores to prosecution and defence evidence, and employing an approach based on dimensionality reduction, we showed that evidence strands presented at historical murder trials could be used to train effective machine-learning algorithms (or models). We tested the evidence quantification approach with the trained model and showed that, through machine learning, criminal cases could be clearly classified (probability &gt;99.9%) as belonging to either a guilty or a not-guilty category. The classification was found to be as expected for all test cases. All guilty test cases that were not wrongful convictions were correctly assigned to the guilty category by our model and, crucially, test cases that were wrongful convictions were correctly assigned to the not-guilty category. This work demonstrated the potential for machine learning to benefit criminal trial decision-making, and should motivate further testing and development of the model and datasets for assisting the judicial process.
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Maksimov, Sergey, Yury Vasin, Nikolai Valuyskov, and Kanat Utarov. "The Digitization of Criminal Policy as a Tool of Overcoming its Unsystematicity." Russian Journal of Criminology 13, no. 3 (2019): 395–407. http://dx.doi.org/10.17150/2500-4255.2019.13(3).395-407.
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The authors examine the necessity and relevance of using mathematical models for the digitization of criminal policy while simultaneously taking into account the results of qualitative analysis of the criminogenic situation (theoretical modeling) and using probabilistic prediction models of crime counteraction results (empirical modeling). They determine the chronological matrix of key criminogenic events of modern Russian political and economic history, which forms the basis for developing a mathematical model of predicting changes in the criminal policy. The authors conclude that contemporary criminal policy contains objective signs of manipulative character and that criminal policy decisions cannot be based on it exclusively. It is noted that the presented prediction models based on the theory of relativity allow to make verifiable quantitative evaluations of the situation in counteracting negative socio-legal phenomena and to take into account not only the latent component of these phenomena, but also the differences caused by changes in their criminal law assessment. The presented approach could be used to build a triplex system of official monitoring of criminogenic situation at the federal and regional levels based on the collection, analysis, assessment and prediction of information on criminality from three sources: criminal statistics, public opinion polls’ results, expert polls’ results. According to the authors, the creation of this system is a mandatory prerequisite for the transition from a dominantly repressive model of crime counteraction (typical for most contemporary states) to the preventive model. As the probable effectiveness of preventive model of crime counteraction could be first calculated on the basis of planned expenses and available resources and then compared with the actually achieved effectiveness of such counteraction, the state and the society could gain a considerably more effective instrument of controlling the criminal policy’s quality in comparison with the one used today, which will make it possible to ensure a gradual transition from the high cost criminal policy implemented through trial and error to the digital criminal policy based on the results of preliminary and verified calculations.
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Насонов, Сергей, and Syergyey Nasonov. "THE EUROPEAN PROCEDURAL MODELS IN JURY TRIALS: JURY TRIAL IN BELGIUM (COMPARATIVE LEGAL RESEARCH)." Journal of Foreign Legislation and Comparative Law 2, no. 4 (2016): 0. http://dx.doi.org/10.12737/21259.
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The article is devoted to the peculiarities of the procedural rules in the jury administered in Belgium in compliance with the Rules adopted in 1878 (with amendments of 2016) as a type of a European model procedure. These features are considered in the comparative legal aspect, in comparison with the same procedure that of the Russian CCP. The article notes that the requirements for candidates for jurors, enshrined in the Code of Criminal Procedure of Belgium, in general, are similar to the Russian requirements. The procedure of drawing up lists of candidates for jury service in Belgium has significant similarities with the Russian, as there is the absence of open (transparent) procedures, which is compensated by the publication of the lists. Features of the Belgian procedure of selecting the jury manifested in the establishment of the rule of gender proportions of the panel, which is not typical for the Russian legislation and practice. The proceeding in the jury trial in Belgium is an example of the continental type of this form of proceeding and its significant differences from the same procedure, enshrined in the Russian CCP are based on this factor. The presiding judge has broad discretion in the field of proving, as all questions set by the parties for interrogated persons are asked through him. The features of the judicial enquiry in jury in Belgium are: the presentation of an indictment and defense objections to the jury, the prohibition to the parties to put questions to the defendant, an extensive research of the personal information of the defendant before the jury. The article notes the specifics of the stages of putting the questions to jury, of charging the jury (the presiding judge don’t address the facts of the case), of the jury deliberations, as jury is obliged to motivate the verdict. The article suggests the possibility of the borrowing of the certain elements of the Belgian model of proceeding into a jury trial of the Russian legislation.
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Johnson, Brendyn, and Chloé Leclerc. "The Plea Discount and the Time Penalty in Canada: Impacts of the Guilty Plea at Sentencing." Canadian Journal of Criminology and Criminal Justice 65, no. 2 (2023): 1–36. http://dx.doi.org/10.3138/cjccj.2022-0036.
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The plea discount (or trial penalty) refers to disparity in sentencing resulting from the decision to plead guilty or proceed to trial. It is often suggested that pleading guilty reduces one’s odds of being imprisoned or reduces the length of one’s sentence. While plea discounts haves been studied extensively in the United States, there is very little indication in Canada as to their existence or scope. Using data from the Integrated Criminal Court Survey ( N = 2,198,954), this study analyzes logit-negative binomial hurdle models to study the plea discount in Canadian criminal courts and how it varies by court resource usage. It finds that the probability of being incarcerated is nominally higher after pleading guilty, but that pleading guilty reduces custodial sentence length. Further, it finds that the amount of resources used to resolve a case moderates the impact of a guilty plea in both situations.
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Egli Anthonioz, Nicole, Mark Schweizer, Joëlle Vuille, and André Kuhn. "Role-induced bias in criminal prosecutions." European Journal of Criminology 16, no. 4 (2018): 452–65. http://dx.doi.org/10.1177/1477370818772772.
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There are two main models of criminal prosecution in the western world. One tasks an independent magistrate (the examining judge) with the duty of conducting the investigation of a given case and transferring all evidence collected to the parties and the trial court. The other vests the prosecution with the task of conducting the investigation before representing the accusation in court. In 2011, a new code of criminal procedure entered into force in Switzerland, forcing most Swiss cantons to transition from the first model to the second. We investigate whether the change in the person conducting the investigation (from examining judge to prosecutor) could introduce or exacerbate bias against or in favor of the defendant. Through an empirical study carried out with students, we tried to determine whether this change might affect the fairness of the proceedings. We contend that the rights of the defense are better safeguarded in the first model than in the second, even if the contrast is not as stark as was initially predicted.
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Leskiv, Oleksiy, and Olena Kovalchuk. "Implementation of criminal justice by jury courts in Ukraine: current state and development prospects." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 40 (2023): 324–33. http://dx.doi.org/10.23939/law2023.40.324.
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Annotation. The article examines the problematic issues of the implementation of the institution of the jury trial in Ukraine, the current state of the implementation of criminal justice by the jury trial, the reasons for the ineffectiveness of the domestic legislative mechanism of the activity of the jury trial, ways of improving the national legal system within the limits of the implementation of justice by the jury trial, and the possibility of implementing foreign experience in reforming the judicial system in Ukraine. The foreign experience of the jury trial was analyzed, the peculiarities of the Anglo-American and European jury trial models were considered, and the experience of the United States of America was emphasized. Taking into account the need to build an effective jury court in Ukraine, it is proposed: to make a transition from the continental to the classic jury court model, including separating jurors from professional judges and making them independent in passing a verdict on the guilt or innocence of a person; to reduce the number of professional judges during the consideration of criminal proceedings by a jury from two to one, but to increase the number of jurors on the model of the US petit jury to 6-12 people; by increasing the list of criminal offenses that can be considered by a jury; reduce the minimum age from which you can become a juror; to form juror lists on the basis of a competition followed by candidates taking a course in legal studies; create appropriate conditions for the protection of jurors and compliance with their independence; develop mechanisms for appealing clearly illegal jury decisions; to provide coverage of the activity of the jury court in the mass media in order to popularize it.
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Baier, Waltraud, Jason M. Warnett, Mark Payne, and Mark A. Williams. "Introducing 3D Printed Models as Demonstrative Evidence at Criminal Trials." Journal of Forensic Sciences 63, no. 4 (2017): 1298–302. http://dx.doi.org/10.1111/1556-4029.13700.
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Khan, Oleksandr, Ihor Nazarenko, Hennadii Zvirianskyi, Oleksii Manyk, Daria Heta, and Olga Shaituro. "Justice for war crimes in Ukraine: In search of an optimal model." Cuestiones Políticas 41, no. 79 (2023): 402–17. http://dx.doi.org/10.46398/cuestpol.4179.27.
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The article is devoted to the investigation of the problems of finding and applying the optimal mechanism for bringing to international criminal responsibility persons guilty of committing war crimes on the territory of Ukraine. During the research a set of methods of scientific knowledge was used. Among them: dialectical and formal logic, analysis, abstraction, historical, comparative, system-structural and modeling methods. The investigated problem is considered through Ukraine's obligation to ensure compliance with the right to a fair trial for persons accused of committing war crimes. The paper provides current statistics on the number of war crimes committed on the territory of Ukraine in 2022 and, furthermore, provides their classification in accordance with the provisions of the Statute of the International Criminal Court. The known historical models of international criminal justice are highlighted, their general features and differences are given. The shortcomings of the model of judicial procedure for war crimes chosen by the Government of Ukraine are highlighted. As a result, the author's model of international criminal justice is proposed in accordance with the specifics of the situation in Ukraine.
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Timoshenko, Andrey A. "Fair trial in criminal matters: un standards and factors of transformation of its Russian model." Russian Journal of Legal Studies (Moscow) 7, no. 2 (2020): 52–65. http://dx.doi.org/10.17816/rjls44208.
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Based on an analysis of international standards in the field of justice discussed at the 13 UN Congresses on Crime Prevention and Criminal Justice since 1950, the article examines the characteristics of the ideal model of a fair criminal process from the point of view of the world community. In the context of a fairly broad understanding of the sign of justice, both at the level of national law enforcement bodies and in the context of the application of international acts by various intergovernmental organizations, it is quite important to isolate the key signs of justice.
 The author studied not only the International Conventions and Declarations discussed at the Congresses, but also their working documents, which made it possible to more accurately determine the desired vector of development of national legislation in its movement toward building a more just criminal process.
 The conclusions drawn in the work based on the results of the study can be used in lawmaking, as well as be the subject of scientific discussion of the acceptability of the recommendations of the international community for the purposes of effective lawmaking and law enforcement.
 The author also proposes to take into account the identified factors affecting the fairness of legal proceedings when building scenario analysis models regarding the future transformation of the judicial system in connection with its global digitalization.
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Vilkova, Т. Yu. "On the Role of the Prosecutor in Initiating a Criminal Case and Initiating Criminal Prosecution." Lex Russica, no. 7 (July 19, 2021): 85–94. http://dx.doi.org/10.17803/1729-5920.2021.176.7.085-094.
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The paper shows that the consolidation of the functions of the prosecutor’s office of the Russian Federation at the constitutional level leads to the need to return to the question of the effectiveness and sufficiency of the prosecutor’s powers to independently initiate a criminal case, initiate criminal prosecution, and bring charges. The modern models of granting various subjects the authority to initiate and carry out criminal prosecution, to bring charges in criminal procedural comparative studies are identified and analyzed. They are: 1) a system of public prosecution, or a monocratic model, in which criminal prosecution is initiated exclusively by the decision of state bodies with appropriate special competence, primarily the prosecutor’s office (prosecutor’s monopoly); 2) an ex officio prosecution system, or a polycratic model, when the subject of criminal prosecution is any of the state bodies authorized to conduct proceedings in a case, there is no monopoly of one state body or official to initiate criminal prosecution; 3) a private prosecution system, when the subject of criminal prosecution is either the victim or his legal successors; 4) a “people’s” system charges, in which any private person has the right to initiate criminal prosecution, regardless of whether he is a victim or not. The conclusion is substantiated that Russia belongs to the states in which the polycratic ex officio model is combined with private prosecution in certain categories of cases, while, unlike most other states, the prosecutor is not among the officials authorized to initiate criminal proceedings and/or criminal prosecution. It is shown that the lack of powers of the prosecutor in pre-trial proceedings hinders the achievement of the purpose of criminal proceedings. It is concluded that it is necessary to return to the prosecutor the authority to initiate a criminal case independently.
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di Tommaso, Gaetano. "The role of mediation in addressing adolescent issues within legal and social science contexts." Sociology and Social Work Review 9, no. 1 (2025): 182–94. https://doi.org/10.58179/sswr9113.
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"Mediation is a process, almost always formal, through which a neutral third person tries, by organising exchanges between the parties, to allow them to compare their points of view and to seek with his help a solution to the conflict that opposes them" (Bonafé-Schmitt, 1992). The article intends to investigate the adolescent problems and the development in the juvenile field of restorative justice and criminal mediation, with particular reference to the institution of the suspension of the trial and probation, ex art. 28 of Presidential Decree no. 448 of 22 September 1988, which represents the main means by which juvenile trial mediation is carried out. In particular, by re-elaborating the data provided by the Department for Juvenile and Community Justice relating to a wide time span from 1992 to the present day, an analysis of the actual application of the said institution is carried out, also referring to the prescriptions given, with specific regard to those concerning the so-called direct and indirect penal mediation. The analysis allows to assess the validity and effectiveness of juvenile criminal mediation and in general of restorative justice models, which are increasingly at the centre of a renewed interest culminated with the Cartabia reform of the criminal process, which with the legislative decree 10 October 2022 n. 150 has finally led to the introduction of an organic discipline of the matter.
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Kubariev, I., and S. Barhan. "Logical bases of pre-trial investigation planning." Uzhhorod National University Herald. Series: Law 2, no. 80 (2024): 153–59. http://dx.doi.org/10.24144/2307-3322.2023.80.2.23.
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The article reflects on the nature of pre-trial investigation planning, taking into account established views on the forensic version as the only logical basis for this process. The author notes that within the framework of modern criminalistics theory, the forensic version is almost unanimously regarded as the logical basis for investigation planning. A forensic version is an assumption, a hypothesis about certain facts or a group of facts that are relevant to criminal proceedings. However, during the preliminary investigation there is often a lack of information or no information at all. In order to obtain further information, investigative measures have to be planned. Therefore, it does not fully correspond to modern achievements in criminalistics to consider the version as the only logical basis for planning the preliminary investigation. In the traditional sense, the concept of a forensic version often complicates and/or makes it impossible to carry out effective planning due to the absence or contradiction of initial data. Finally, an attempt is made to substantiate other logical foundations of investigation planning, in particular tactical tasks and criminalistics search models. The article contains a schematic presentation of the peculiarities of the pre-trial investigation planning process when using different logical bases. It is also argued that the version is a universal means of cognition and is present in the planning of an investigation using both tactical tasks and the search model. This approach provides the investigator with more opportunities to form a system of measures in a particular criminal case, which increases the efficiency of pre-trial investigation planning and helps to save investigative efforts and resources. The proposals presented in this article do not claim to be safe and are an invitation to experts to discuss them.
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Hernán Goldman, Diego. "LAS CONDENAS NEGOCIADAS EN EL PROCESO PENAL: ANÁLISIS TEÓRICO Y ECONÓMICO DE DOS MODELOS EN PUGNA. (NEGOTIATED SENTENCES IN CRIMINAL PROCEEDINGS: THEORETICAL AND ECONOMIC ANALYSIS OF TWO COMPETING MODELS)." Universos Jurídicos, no. 17 (November 5, 2021): 1–36. http://dx.doi.org/10.25009/uj.v0i17.2594.
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Resumen: Las reformas procesales penales de las últimas décadas han introducido distintas formas mediante las cuales el imputado puede negociar la finalización del proceso. Dentro de ellas se pueden distinguir básicamente aquellas que involucran a la víctima y aquellas que involucran a la acusación pública. A lo largo de este trabajo analizaremos los lineamientos generales de los dos ejemplos paradigmáticos de salida negociada al proceso: la conciliación penal y el juicio abreviado. Veremos sus similitudes y diferencias tanto desde una perspectiva dogmática como de una perspectiva económica que nos permita analizar los incentivos que generan estos mecanismos y sus efectos sobre el bienestar general.Abstrac: The criminal procedure reforms of the last decades have introduced different ways by which the defendant can negotiate the termination of the process. Within them, it could basically distinguish those that involve the victim and those that involve the public prosecution. Throughout this work we'll analyze the general guidelines of the two paradigmatic examples of negotiated exit to the process: criminal conciliation and abbreviated trial. We'll see their similarities and differences both from a dogmatic perspective and from an economic perspective that allows us to analyze the incentives generated by these mechanisms and their effects on general welfare.
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Tiulieniev, Serhii. "COUNTERACTION TO INVESTIGATION OF RAIDING CRIMINAL OFFENSES: COMMON FORMS AND PECULIARITIES OF ADDRESSING." Archives of Criminology and Forensic Sciences 10, no. 2 (2024): 72–79. https://doi.org/10.32353/acfs.10.2024.03.
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Taking into account the needs of law application practice in the context of countering raiding criminal offenses, the Article Purpose is to identify common forms of countermeasures to the investigation of raiding criminal offenses and determine possible methods of countering such crimes. Stemming from the results of theoretical sources study and processing of empirical material, it has been established that organization measures to address counteraction to investigation of raiding criminal offenses should be based on the study of current crime trends, and be carried out in conformity with provisions of the Law and the use of efficient tactical techniques and methods developed by criminal procedure and criminalistics. Traditionally, the ways for addressing counteraction to investigation include: individual investigative (search) actions; tactical operations; organizational and tactical measures of an operational search nature. It has been pointed out that common forms of countering investigation utilized by raiders are: 1) destruction of physical and digital traces of unlawful activities; 2) application of psychological pressure measures against participants to criminal proceedings, as well as the use of physical violence or threats of such measures; 3) failure to provide reliable information about criminal event (implemented, as a rule, in three models); 4) avoiding participation in procedural actions; 5) hiding from pre-trial investigation agencies, etc. We are of the opinion that prospects for subsequent research lie in the development of algorithms for procedural actions to ad-dress counteraction depending on typical investigative situations in which it is carried out.
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Gontarski, Waldemar. "Prawda arystotelesowska w procesie administracyjnym i sądowoadministracyjnym." Acta Universitatis Lodziensis. Folia Iuridica, no. 73 (January 1, 2014): 79–110. http://dx.doi.org/10.18778/0208-6069.73.06.
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The contemporary truth reconstructed in a trial reflects differences between the Aristotelian truth in terms of its essence and criterion (material truth – veritas est adaequatio rei et intellectus – ad Aristotle, The Metaphysics IV.7.[1011b 26-27])- and its practical realisation (objective truth – in medio stat veritas – ad Aristotle, Nicomachean Ethics II.7.[1108a 19–20]). In a non-adversarial processes – such as the Polish criminal trial - as opposed to the Anglo-Saxon one - the Polish administrative procedure (an administrative court has only a controlling function, not a reformative one and does not ascertain facts on its own) or separate proceedings in the Polish civil procedure – the court is expressis verbis obliged to reconstruct the objective truth (i.e. the truth which can be ascertained by a man meeting the diligentia boni patris familias standard) and not the material truth. Nonetheless, if the judicial truth understood in this way (the truth ascertained by the court; if the court does not demonstrate an evidential initiative, then it will not ascertain the truth, but it will merely assess the reliability of the evidence submitted as in the Anglo-American criminal trial) will differ from the material truth, it can act as a statutory premise to resume the proceedings. That is, generally speaking, the main difference between the inquisitorial and the adversarial models.