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Journal articles on the topic 'Proportionality in Criminal Proceedings'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Kachalova, O. V. "Ensuring Human Rights in Criminal Proceedings in the Context of a Pandemic." Rossijskoe pravosudie 11 (October 26, 2020): 99–104. http://dx.doi.org/10.37399/issn2072-909x.2020.11.99-104.

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The coronavirus pandemic has put a number of legal issues on the agenda of the world community – how to ensure the rule of law in the face of the need to save the lives and health of many people, how to achieve a reasonable balance in the ratio of various human rights in a pandemic situation, how to determine the criteria for proportionality of restrictions on essential human rights. The criminal justice authorities and courts have a serious task to ensure human rights, achieve the effectiveness of criminal proceedings and access to justice in the context of the coronavirus pandemic, on the on

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2

Sendut, Jefferi Hamzah. "The proportionality of provisional measures in ICSID arbitration." Cambridge International Law Journal 10, no. 1 (2021): 121–42. http://dx.doi.org/10.4337/cilj.2021.01.06.

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International Centre for the Settlement of Investment Disputes (ICSID) tribunals increasingly regard proportionality as a requirement for the indication of provisional measures. While proportionality's relevance to the application of substantive investment protection standards has received significant scholarly attention, less discussed is proportionality's potential impact in the provisional measures context. In light of proposals raised in the ongoing ICSID Rules Amendment Project to codify a requirement of proportionality for provisional measures, this article analyses how proportionality m

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3

Bespalko, I. L. "THE EXERCISE OF PROPORTIONALITY WITHIN THE APPLICATION OF MEASURES TO ENSURE CRIMINAL PROCEEDINGS." Actual problems of native jurisprudence, no. 2 (July 16, 2020): 119–24. http://dx.doi.org/10.15421/392057.

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4

Pisaric, Milana. "Protection of privacy related to criminal procedure." Zbornik Matice srpske za drustvene nauke, no. 154 (2016): 53–65. http://dx.doi.org/10.2298/zmsdn1654053p.

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Every person has the right to privacy and protection of personal data and these rights may be restricted only in order to protect the general interest or the preservation of important values in society. If there is a certain degree of suspicion that a person committed a criminal offense, the competent authorities are authorized to limit his/her privacy rights and to collect and process personal data for the purposes of criminal proceedings, by taking certain actions and measures in accordance with the law. On the basis of legal authorization certain subjects may take regular and special eviden

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5

Rap, S. E., and D. Zlotnik. "The Right to Legal and Other Appropriate Assistance for Child Suspects and Accused." European Journal of Crime, Criminal Law and Criminal Justice 26, no. 2 (2018): 110–31. http://dx.doi.org/10.1163/15718174-02602004.

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In this article the development and background of the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings is sketched out. Two key rights are reflected upon: the right to legal assistance and the right to other appropriate assistance. The main challenge with regard to the implementation of the right to legal assistance is the possibility of member states to derogate from this right on the basis of the circumstances of the particular criminal case(s) involving the child. The right to legal assistance is contingent upon the proportionality

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6

Graczyk, Konrad. "Denunciation in procedures before the special court in Katowice (1939–1945)." Studia nad Autorytaryzmem i Totalitaryzmem 42, no. 3 (2021): 153–75. http://dx.doi.org/10.19195/2300-7249.42.3.8.

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The study was devoted to the issue of reporting in criminal proceedings conducted by the Sondergericht Kattowitz, i.e., the Special Court in Katowice. The Sondergericht was a German crim-inal court operating in Upper Silesia incorporated into the Reich during World War II. The study attempts to answer questions about the nature and extent of reporting in criminal proceedings before the title special court, as well as the motivations of denunciators. The study adopts the understanding of denunciations as a report on someone for personal, low motives, and characterizes its scope and size during

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7

Babenko, Olha. "IMPLEMENTATION OF THE FORCED FORM OF INVESTIGATION OF A JUVENILE SUSPECT." Ukrainian polyceistics: theory, legislation, practice 2, no. 2 (2021): 58–66. http://dx.doi.org/10.32366/2709-9261-2021-2-2-58-66.

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The article is devoted to the study of such an investigative (investigative) action as an examination carried out in a coercive form against a minor suspect. The national and international legislation in the field of protection of the rights of children who have committed a crime and the peculiarities of criminal proceedings with such a vulnerable category are analyzed. It is noted that the current provisions of the Criminal Procedure Code of Ukraine do not contain a regulated procedure for compulsory examination of a juvenile suspect. Such non-determination of the legal norm presupposes the i

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8

Ariav, Roee. "Hardly theTadićof Targeting: Missed Opportunities in the ICTY'sGotovinaJudgments." Israel Law Review 48, no. 3 (2015): 329–55. http://dx.doi.org/10.1017/s0021223715000138.

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TheGotovinacase presented the International Criminal Tribunal for the former Yugoslavia (ICTY) with a unique opportunity to adjudicate on issues connected with the law of targeting and international humanitarian law (IHL) in a criminal context. This opportunity was especially important given the fact that legal issues arising out of complex, intense combat situations have only rarely been adjudicated. Although Gotovina was not formally charged with carrying out unlawful attacks on civilians, attacks by Croatia on four towns over the course of ‘Operation Storm’ were the focus of the proceedings

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9

Kawka, Jakub. "The Problems of Applying Both Criminal and Administrative Penal Sanctions in Light of Article 50 of the Charter of Fundamental Rights of the European Union." Studia Iuridica 82 (March 2, 2020): 161–73. http://dx.doi.org/10.5604/01.3001.0013.9617.

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The aim of this study is to present the case law of the Court of Justice of the European Union (CJEU) regarding the admissibility of parallel punishments in proceedings conducted separately before criminal courts and administrative authorities. Pursuant to Article 50 of the Charter of Fundamental Rights of the European Union, no one shall be liable to be tried or punished again in criminal proceedings for an offence for which he or she has already been finally acquitted or convicted within the Union in accordance with the law (the ne bis in idem principle). According to the CJEU, this principl

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10

Tumanyants, A., and I. Krytska. "Standards for ensuring the legality of implementing unspount activities in criminal process through the prism of legal positions of the European court of human rights." Problems of Legality, no. 152 (March 29, 2021): 111–23. http://dx.doi.org/10.21564/2414-990x.152.226139.

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The analysis of the legal positions of the ECHR in the aspect of the subject of the article under consideration made it possible to conditionally single out the following standards for ensuring the legality of the implementation of covert activity in criminal proceedings:- predictability. Its essence lies in the fact that the grounds, procedural order, conditions, timing, the circle of persons and crimes in relation to which it is allowed to carry out covert activities should be as detailed, clear and accurate as possible in the criminal procedural legislation. Moreover, any person had the opp

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11

Vilkova, T. Yu. "ACCESS TO JUSTICE IN CRIMINAL PROCEEDINGS: LEGAL STANCES OF THE EUROPEAN COURT OF HUMAN RIGHTS." Lex Russica, no. 12 (January 4, 2020): 56–67. http://dx.doi.org/10.17803/1729-5920.2019.157.12.056-067.

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The article is devoted to the analysis of the stances developed in the case law of the European Court of Human Rights regarding the content, scope, general principles of ensuring the right of access to justice, and permissible limits applied to restrict the right in question. The author has substantiated the conclusion that the European Court of Human Rights associates access to justice with Paragraph 1 of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Thus, the concept of access to justice includes a number of elements: the right to have reco

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12

Kovalenko, А. "THE CONCEPTUAL PRINCIPLES OF USING DIGITAL 3D MODEL AS A MEANS OF COGNITION AND REPRESENTATION OF SIGNS OF CRIMINAL OFFENSE." Criminalistics and Forensics, no. 66 (2021): 537–50. http://dx.doi.org/10.33994/kndise.2021.66.40.

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The article forms the conceptual principles of use of digital 3D model as means of cognition and display of signs of a criminal offense in criminal proceedings. A 3D model can be defined as a digital, three-dimensional image of an object, which reflects its external structure and color, accurately and proportionally reproduces the ratio of its spatial features. It can directly contain information about the shape, proportions, color and mutual placement in space of the elements of the original object. Provided the manufacturing technology is followed, the model is isomorphic to original object.

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13

Błachnio-Parzych, Anna. "Gloss to the Judgement of the Court of Justice of the European Union in Case C-524/15, Criminal Proceedings against Luca Menci." Review of European and Comparative Law 45, no. 2 (2021): 207–20. http://dx.doi.org/10.31743/recl.11565.

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This gloss discusses the position of the Court of Justice of the European Union taken in the judgment passed on 20 March 2018 in the case of Luca Menci (C-524/15) in reference to the restrictions of ne bis in idem principle. The main thesis of the Court concerned the admissibility of restrictions of ne bis in idem based on the principle of proportionality as a limitation clause and its accordance with the Convention for the Protection of Human Rights and Fundamental Freedoms. The analysis of the right not to be tried or punished twice in Article 4 Protocol 7 to the European Convention for the

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14

Lens, Kim M. E., Janne van Doorn, Antony Pemberton, Esmah Lahlah, and Stefan Bogaerts. "One rule for the goose, one for the gander? Wrongfulness and harmfulness in determining reactions to offenders and victims of crime." European Journal of Criminology 14, no. 2 (2016): 183–99. http://dx.doi.org/10.1177/1477370816649623.

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People’s reactions to offenders and victims of crime follow different rationales. Whereas the punishment of the offender is primarily determined by the severity of the crime (which includes its foreseeable harmful consequences), the actual harm that is experienced by the victim drives the need for his or her support and assistance. With the introduction of the Victim Impact Statement (VIS), in which victims are allowed to express the (harmful) consequences of the crime on their lives, the question is raised whether allowing such victim input during criminal proceedings would influence the offe

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15

Subachev, A. K. "Statutes of Limitations on Bringing to Administrative Responsibility and the Procedure for their Calculation in the Context of Constitutional Law Principles." Lex Russica, no. 1 (January 19, 2021): 32–43. http://dx.doi.org/10.17803/1729-5920.2021.170.1.032-043.

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The initial version of the Code of the Russian Federation on Administrative Offences provided for a general statute of limitations (two months) and a special statute of limitations (one year from the date of the commission of an administrative offense) for administrative liability. As a result of multiple amendments to part 1 of Art. 4.5 of the Administrative Code of the Russian Federation, the special terms were increased to two, three and six years depending on the type of an administrative offense. In addition, initially part 4 of Art. 4.5 of the Administrative Code of the Russian Federatio

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16

Pridol, Jhon, and Firman Wijaya. "KEPASTIAN HUKUM TERHADAP PERAMPASAN ASET YANG BUKAN MILIK NEGARA." Jurnal Hukum Adigama 2, no. 2 (2019): 414. http://dx.doi.org/10.24912/adigama.v2i2.6557.

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Legal certainty is one of the "three basic values of the law" which means it can be equated with the principle of law. A verdict or court decision must be in accordance with the law because the judge must judge based on the law. Decisions must also be fair, objective and impartial. Therefore the ideal decision is a decision that contains justice, usefulness and legal certainty proportionally. Seeing from the application of the Criminal Procedure Code, the main purpose of tracking assets resulting from criminal acts to be confiscated in court proceedings and ultimately resulting in a court deci

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17

Rodrigues, Anabela Miranda. "Fundamental rights and punishment: Is there an EU perspective?" New Journal of European Criminal Law 10, no. 1 (2019): 17–27. http://dx.doi.org/10.1177/2032284419837377.

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Taking fundamental rights into account means a limitation of repression, as an instance of the principle of proportionality or principle of necessity, of criminal intervention. The need to design European Union (EU) criminal law in compliance with the principle of proportionality is especially clear in the post-Lisbon stage, in view of the strengthening and expansion of the EU’s competence to legislate on criminal matters, enshrined in Article 83 of the Treaty on the Functioning of the EU. This article aims at analysing the terms in which European criminal law respects the aforementioned princ

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18

Leng, Roger. "Review: Disclosure in Criminal Proceedings, Disclosure in Criminal Proceedings." International Journal of Evidence & Proof 2, no. 4 (1998): 270–72. http://dx.doi.org/10.1177/136571279800200409.

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19

Bjorge, Eirik, and Jack R. Williams. "THE PROTEAN PRINCIPLE OF PROPORTIONALITY: HOW DIFFERENT IS PROPORTIONALITY IN EU CONTEXTS?" Cambridge Law Journal 75, no. 2 (2016): 186–89. http://dx.doi.org/10.1017/s0008197316000386.

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THE Legal Services Board, tasked with the supervision of approved regulators of persons carrying on legal activities, granted an application (by the Bar Standards Board, Solicitors Regulation Authority, and ILEX Professional Standards Board) for approval of alterations to their regulatory arrangements to give effect to the so-called Quality Assurance Scheme for Advocates (“the decision”). The Scheme provides for judicial assessment of criminal advocates in England and Wales: only those deemed “competent” would gain full accreditation for upper levels of criminal work. Judicial review had been

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20

Ambos, Kai. "International Criminal Proceedings." Criminal Law Forum 17, no. 3-4 (2006): 355–59. http://dx.doi.org/10.1007/s10609-006-9023-4.

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21

Muraviev, Cyril V. "CRIMINAL PROCEEDINGS AND REALIZATION OF CRIMINAL LAW." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 22(4) (December 1, 2016): 56–68. http://dx.doi.org/10.17223/22253513/22/7.

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22

Kononenko, V. I. "Analogy in Criminal Proceedings." RUSSIAN JUSTICE 12 (November 2018): 89–94. http://dx.doi.org/10.17238/issn2072-909x.2018.12.89-94.

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23

Fontanelli, Filippo. "Criminal Proceedings Against Albers." American Journal of International Law 107, no. 3 (2013): 632–38. http://dx.doi.org/10.5305/amerjintelaw.107.3.0632.

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In August 2012, the First Criminal Division of the Court of Cassation (Supreme Court or Court), the highest Italian domestic court, issued a judgment upholding Germany’s sovereign immunity from civil claims brought by Italian war crime victims against Paul Albers and eight others in the Italian courts (Albers). In so doing, the Court overruled its own earlier decisions and also reversed the judgment of April 20, 2011, by the Italian Military Court of Appeal (Military Court), which had upheld such claims relating to war crimes committed by German forces in Italy during World War II. With this r

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24

Marshall, Emma. "Bail in Criminal Proceedings." Crime Prevention and Community Safety 2, no. 2 (2000): 84–85. http://dx.doi.org/10.1057/palgrave.cpcs.8140058.

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25

Denisyuk, P. D. "Mediation in criminal proceedings." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 308–12. http://dx.doi.org/10.24144/2307-3322.2021.64.56.

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Іn the article the author investigates the institute of mediation, which acquires its development not only in civil and commercial proceedings, but also in criminal proceedings and is a manifestation of the concept of restorative justice. As a confirmation of the relevance of the research topic, judicial statistics of consideration of materials of criminal proceedings on the basis of agreements by courts of first instance are given, which confirms the necessity and importance of such a legal institution.The norms of international normative legal acts, where the institute of mediation was embod

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26

Shumeiko, D. O. "PREPARATORY COURT PROCEEDINGS IN SPECIAL CRIMINAL PROCEEDINGS." Comparative-analytical law, no. 1 (2020): 607–11. http://dx.doi.org/10.32782/2524-0390/2020.1.151.

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27

Трефилов, Александр, and Aleksandr Trefilov. "MILITARY CRIMINAL PROCEEDINGS IN SWITZERLAND: JUDICIAL PROCEEDINGS." Journal of Foreign Legislation and Comparative Law 4, no. 4 (2018): 1. http://dx.doi.org/10.12737/art.2018.4.16.

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28

Goltsov, Andrei Tamazovich. "Initiation of criminal proceedings and «pre-investigation» checks in Russian criminal proceedings." Eurasian Advocacy (Evraziiskaya Advokatura), no. 3 (2021): 47–57. http://dx.doi.org/10.52068/2304-9839_2021_52_3_47.

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29

Андрусенко, Сергей, and Sergey Andrusenko. "Restoration of Social Justice and Imposition of Proportionate Punishment in the Context of the Principle Non Bis In Idem." Journal of Russian Law 3, no. 2 (2015): 0. http://dx.doi.org/10.12737/7595.

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The article discusses current issues in the restoration of victim rights by applying one of the fundamental principles of criminal law: the reestablishment of social justice and the commensurability/proportionality of the criminal justice system. Study the problems in the theory of criminal punishment that justify the possibility of increasing the punishment after conviction. The author also analyzes some of the positions of modern medicine which is based on the ability to change the verdict and appointment of new criminal penalties. Insufficient developed changes that were made to the crimina

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30

Helenius, Dan. "Mutual Recognition in Criminal Matters and the Principle of Proportionality: Effective Proportionality or Proportionate Effectiveness?" New Journal of European Criminal Law 5, no. 3 (2014): 349–69. http://dx.doi.org/10.1177/203228441400500306.

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31

Kruglikov, Anatoliy. "The Differentiation of Criminal Proceedings and Criminal Liability." Legal Concept 16, no. 3 (2017): 33–37. http://dx.doi.org/10.15688/lc.jvolsu.2017.3.5.

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32

Naim, Muhammad. "PROPORSIONALITAS DALAM PENJATUHAN PIDANA TERKAIT ADANYA DISPARITAS PIDANA DALAM PERKARA NARKOTIKA." Legal Standing : Jurnal Ilmu Hukum 2, no. 1 (2018): 44. http://dx.doi.org/10.24269/ls.v2i1.1009.

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The research entitled Principles Of Proportions In Cases Of Criminal Handling Connected With The Case Discussion Of Narcotics is aimed at different penalties relating to the proportionality of punishment under applicable constitutional rules. Judge, decision-making mechanism by the Panel of Judges, and indicted conditions. the criminal law factor is the principle of proportionality in decision making. Secondly, indicated in perpetrators of crime, crime victims. In this case, the Judge must play a role in determining matters relating law, even if the constitutional rule is unable to resolve.

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33

Malanchuk, Petro. "Introduction of electronic legal proceedings in criminal proceedings." Aktual’ni problemi pravoznavstva 1, no. 1 (2019): 132–35. http://dx.doi.org/10.35774/app2019.01.132.

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34

Shumeiko, D. O. "PECULIARITIES OF JUDICIAL PROCEEDINGS IN SPECIAL CRIMINAL PROCEEDINGS." Juridical scientific and electronic journal, no. 3 (2020): 435–38. http://dx.doi.org/10.32782/2524-0374/2020-3/105.

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35

Mariniello, Triestino. "International Criminal Court." International Human Rights Law Review 3, no. 1 (2014): 122–45. http://dx.doi.org/10.1163/22131035-00301003.

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Between 1 January 2013 and 31 December 2013 the Chambers of the International Criminal Court (icc) delivered several notable judgments and decisions. This comment highlights the most important developments in 2013 concerning pre-trial proceedings, trial proceedings, appeal proceedings, complementarity principle and other developments.

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36

Pastukhov, Pavel S. "ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS." Vestnik Tomskogo gosudarstvennogo universiteta, no. 396 (July 1, 2015): 149–53. http://dx.doi.org/10.17223/15617793/396/27.

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37

Zelensky, Sergey. "Judicial Discretion in Criminal Proceedings." Legal Concept 18, no. 2 (2019): 74–78. http://dx.doi.org/10.15688/lc.jvolsu.2019.2.11.

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38

Brusnitsyn, L. V. "About stage institute criminal proceedings." Russian Journal of Legal Studies 2, no. 3 (2015): 158–61. http://dx.doi.org/10.17816/rjls18064.

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The article considers the problem, requiring a permit to stage a criminal case, and the shortcomings of the normative expression of this problem in the Criminal Procedure Code of the Russian Federation; also addresses certain aspects of authority in this stage of the inquiry under departmental acts of the Russian Federation Prosecutor’s Office, shows the need to bring those acts into line with the Criminal Procedure Code of the Russian Federation.

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39

Blažić-Pavićević, Minja. "Compulsory defense in criminal proceedings." Zbornik radova Pravnog fakulteta, Novi Sad 52, no. 1 (2018): 413–29. http://dx.doi.org/10.5937/zrpfns52-17149.

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40

Stelmakh, V. Yu. "JUDICIAL TRUTH IN CRIMINAL PROCEEDINGS." Вестник Пермского университета. Юридические науки, no. 1(31) (2016): 112–20. http://dx.doi.org/10.17072/1995-4190-2016-1-112-120.

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41

Strashok, A. A. "WITNESS PROTECTION IN CRIMINAL PROCEEDINGS." Uzhhorod National University Herald. Series: Law 57, no. 2 (2019): 112–17. http://dx.doi.org/10.32782/2307-3322.57-2.23.

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42

Jackson, J. "Judicial Responsibility in Criminal Proceedings." Current Legal Problems 49, no. 1 (1996): 59–95. http://dx.doi.org/10.1093/clp/49.1.59.

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43

Bozko-Cace, Margarita, and Lāsma Drozde. "COURT INTERPRETER IN CRIMINAL PROCEEDINGS." Administrative and Criminal Justice 4, no. 85 (2019): 4. http://dx.doi.org/10.17770/acj.v4i85.3669.

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Court interpreter plays a specific and important role, which is often underestimated in criminal proceedings. One of human rights’ aspects deals with ensuring a high-quality translation in order to make the procedure available for a person, who does not understand the proceedings language, ensure one’s rights and administer justice. The aim of the study is to find out the legal ground of court interpreter’s activity in criminal proceedings, to reveal and analyse related issues. In the article, the authors reveal topical issues linked to legal regulation concerning court interpreters and offer

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44

Lukic, Tatjana. "Organization of preparatory criminal proceedings." Zbornik Matice srpske za drustvene nauke, no. 135 (2011): 231–40. http://dx.doi.org/10.2298/zmsdn1135031l.

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Our criminal law has been developing in the direction of democratization and respect of the minimum legal standards as a condition for an objective assessment of criminal offenses and the protection of human rights and the law does, more or less, like all social phenomena resist the rapid and radical change. The investigation, as part of criminal proceedings is undoubtedly the most important and also the most delicate part of the proceedings. The issue of different organization of the concept of the investigation raises many doubts, misunderstandings and difficulties. The last reform in our co

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45

Soroka, Svitlana, and Galina Rimarchuk. "Civil responsible in criminal proceedings." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 2018, no. 894 (2018): 148–53. http://dx.doi.org/10.23939/law2018.894.148.

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46

Zhursimbaev, S. K., and Y. S. Kemali. "DISPOSABILITY ISSUES IN CRIMINAL PROCEEDINGS." SERIES OF SOCIAL AND HUMAN SCIENCES 3, no. 331 (2020): 94–100. http://dx.doi.org/10.32014/2020.2224-5294.70.

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47

Stockdale, Michael, and Adam Jackson. "Expert Evidence in Criminal Proceedings." Journal of Criminal Law 80, no. 5 (2016): 344–63. http://dx.doi.org/10.1177/0022018316668448.

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In its 2011 report Expert Evidence in Criminal Proceedings in England and Wales (Law Com No. 325), the Law Commission recommended that the admissibility of expert evidence in criminal proceedings should be governed by a new statutory regime comprising a new statutory reliability test in combination with codification and refinement of existing common law principles relating to ‘assistance’, ‘expertise’ and ‘impartiality’. The government declined to enact the Law Commission’s draft Bill due to a lack of certainty as to whether the additional costs incurred would be offset by savings. Instead the

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48

Garasymiv, Olena, Oleksandra Zakharova, and Olena Ryashko. "Plea agreement in criminal proceedings." Entrepreneurship, Economy and Law, no. 3 (2021): 249–53. http://dx.doi.org/10.32849/2663-5313/2021.3.41.

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49

Pachkolina, V. A., K. S. Kyrychenko, and M. R. Selivorstova. "MATERIAL EVIDENCE IN CRIMINAL PROCEEDINGS." Juridical scientific and electronic journal, no. 4 (2021): 536–38. http://dx.doi.org/10.32782/2524-0374/2021-4/132.

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50

Ashtaeva, S. S., S. B. Ubushaeva, A. A. Sudnikova, R. A. Mandzhiev, S. L. Muzraeva, and A. B. Elashov. "Civil Lawsuit in Criminal Proceedings." Аграрное и земельное право, no. 12 (2020): 53–55. http://dx.doi.org/10.47643/1815-1329_2020_12_53.

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