Academic literature on the topic 'Special prosecutors'
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Journal articles on the topic "Special prosecutors"
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Kuprun, Ye P. "The specific features of the pension form of social protection for employees of the prosecutor's office in Ukraine." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 163–67. http://dx.doi.org/10.24144/2788-6018.2022.04.29.
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An article is devoted to the analysis of the unique characteristics of the pension form of social protection for Ukrainian prosecutors and other employees of the prosecutor's office. It is established that many specific features characterize this form of social protection for employees of the prosecutor’s office. Firstly, these pensions are characterized by the fact that they are regulated by the norms of general and special legislation (the norms of pension, labor and administrative legislation are taken into account). Secondly, this form of social protection is objectified in pension-security legal relations. Thirdly, the pension system provides social protection to a number of employees (a pension of an employee of a prosecutor's office in Ukraine who does not have the status of a public servant; a pension of a civil servant; a pension of a prosecutor). The author pays special attention to the characteristics of prosecutors' pensions in the article. Firstly, the state is obliged to pay decent pensions to prosecutors who have the necessary length of service, including the length of service as prosecutors (also to those prosecutors who do not have the necessary length of service and insurance experience). Secondly, the state guarantees a fair recalculation of assigned pensions to employees of the prosecutor's office. Additionally, the state provides pensions to prosecutors in an inclusive manner. In the conclusions to the article, the results of scientific research are summarized and specific proposals are formulated regarding the improvement of the legal regulation of the pension provision of prosecutors of the prosecutor's office of Ukraine, namely: it is proposed to: set out Part 20 of Art. 86 of ZU of 2014 No. 1697 in the new version, which will determine the conditions and procedure for recalculating the pensions assigned to employees of the prosecutor's office, namely, in the version that will correspond to the original version of this legislative act, taking into account the fact that the reasons for its change are not consistent with the principles of democracy and the rule of law of the state and led to long-term (starting from December 28, 2014) legal uncertainty of the conditions and procedure for recalculating pensions for employees of the Prosecutor's Office of Ukraine; to make changes to Part 1 of Art. 2 of the Federal Law "On measures to ensure legislative support for the reform of the pension system", excluding its extension to pension relations that arise on the basis of the provisions of Federal Law No. 1697 of 2014 (ensuring the equality of the legal position of prosecutors and judges within the framework of the policy of guaranteeing the independence of activities and autonomy of prosecutors and judges).
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Stefanchuk, M. "The staff of the Public Prosecutor’s Office in Ukraine: in search of optimal ways of formation." Uzhhorod National University Herald. Series: Law, no. 68 (March 24, 2022): 246–52. http://dx.doi.org/10.24144/2307-3322.2021.68.43.
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It has been provided a comparative study of the national legal systems of some European Union member states with a high level of civil society confidence in the justice system, in terms of the formation of the prosecutor’s office as part of this system.
It has been stated that in order to substantiate the timeliness and demand for measures of the current stage of reforming the prosecutor’s office in Ukraine, the criterion of the level of civil society trust in the prosecutor’s office is set, which fully meets the European standard of functioning of this institution in a democratic society.
Taking into account the unsatisfactory state of functioning of the existing model of prosecution authorities in Ukraine, from the point of view of the level of support provided by society, there is a need to study the formation of prosecutors in foreign countries in order to gain successful experience in establishing this important institution in the state justice system.
It has been highlighted the peculiarities of the legal policy on determining the qualification requirements for candidates for the position of prosecutor, selection procedures and professional training of prosecutors in the Member States of the European Union with a high level of civil society trust in institutions that provide due justice.
It has been established that a high level of civil society trust to the justice system is, to a decisive extent, a projection of a certain legal policies of these states, aimed at methodological academic and special professional training of the judiciary staff, including prosecutors.
It is concluded that simplification of the procedure for selection and training of prosecutors may not always indicate its improvement, as only a systematic change in the special training of candidates for the position of prosecutor and further training of incumbent prosecutors, taking into account best practices, can contribute to high level their professional competence as a prerequisite for increasing the level of trust of civil society in the prosecutor’s office as an institution as a whole.
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Arsentieva, S., and A. Savchenko. "THE PROSECUTOR’S POSITION ON A CRIMINAL CASE IN THE ASPECT OF ITS INCONSISTENCY." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7, no. 4 (February 20, 2023): 100–104. http://dx.doi.org/10.29039/2413-1733-2021-7-4-100-104.
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The article analyzes the situations when, when considering criminal cases, the prosecutor (the prosecutor picks himself up in the article and the status of the public prosecutor) changes his opinion regarding the accusation approved in the indictment, when the verdict is passed in a special order. According to the authors, for a more effective prosecutor’s supervision over the preliminary investigation and a more responsible approach of prosecutors in developing a position while maintaining a charge in court, it is necessary to amend the Code of Criminal Procedure of the Russian Federation.
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Rocah, Mimi, Carrie Cohen, Steve Cohen, Daniel Cort, and Bennett L. Gershman. "Special Problems for Prosecutors in Public Corruption Prosecutions." Pace Law Review 38, no. 3 (October 10, 2018): 766. http://dx.doi.org/10.58948/2331-3528.1984.
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Kim, Han-Kyun, and Chang Kuhn Kim. "The Public Service Duties and Roles of the Public Prosecutors." Korean Association of Criminal Procedure Law 14, no. 3 (September 30, 2022): 71–97. http://dx.doi.org/10.34222/kdps.2022.14.3.71.
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This essay aims to review the public service duties and roles of the public prosecutors from the viewpoint of criminal justice reform, esp. of the reform of public prosecutors as state power institutions which has had enormous impact on the South Korean politics and people’s life.
According to the Articel 4 of the Prosecutor’s Office Act, each prosecutor shall have the duties and authority falling under any of the following subparagraphs as a representative of public interests: ➀ Matters necessary for investigating crimes and instituting and maintaining public prosecution: Provided, That the scope of crimes for which a prosecutor may commence an investigation shall be significant crimes prescribed by Presidential Decree, such as corruption crimes and economic crimes, Crimes committed by police officers; ➁ Direction for and supervision of special judicial police officers with respect to the investigation of crimes; ➂ Requests for appropriate application of statutes or regulations to a court; ➃ Direction for and supervision of the execution of judgments; ➄Proceedings with litigation or administrative litigation to which the State is a party or a participant, or direction for or supervision of such proceedings; ➅ Matters which fall under the authority of prosecutors under other statutes or regulations. In performing his or her duties, each prosecutor as a civil servant of all citizens shall protect the human rights of citizens, observe due process, and maintain political neutrality, and shall not abuse any authority vested in him or her, in accordance with the Constitution and statutes.
For the progress of the criminal justice reform, focused on the reform of public prosecutors should make both status of representative of public interests and civil servant of all citizens in mind. The 2021 case of ‘public interest task force’ at DAEGU District Public prosecutors’ Office can be recommended as one of the best practice of the reform policy.
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Tahya, Rizky Imanuel, Elsa Rina Maya Toule, and Dezonda Rosiana Pattipawae. "Eksaminasi Khusus Kejaksaan Agung Dalam Perkara Tindak Pidana." TATOHI: Jurnal Ilmu Hukum 4, no. 1 (March 31, 2024): 49. http://dx.doi.org/10.47268/tatohi.v4i1.2120.
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Introduction: Special Examination is the process of conducting research and looking for certain case files that attract the attention of the media or other cases which, in the opinion of the leadership, need to be examined both for active cases and cases that have been handled by prosecutors or public prosecutors and which have obtained permanent legal force.Purposes of the Research: The purpose of this study is to find out and analyze the authority of the Attorney General's Office in taking over the prosecution of criminal cases from the Public Prosecutor's Office and to find out and analyze the application of special examinations conducted by the Attorney General's Office in accordance with the provisions of the Laws and Regulations. The type of research used is normative legal research with an analytical descriptive type which examines the findings from the literature review which are then analyzed into several chapters with a systematic flow.Results of the Research: The results of the research are that the Attorney General, who is the main public prosecutor in handling criminal cases, has the authority to delegate some of his rights to the public prosecutor in handling criminal cases in accordance with a mechanism that is in accordance with positive law.
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Shal, V. "Regarding the definition of the concept and meaning of social guarantees of prosecutors." Uzhhorod National University Herald. Series: Law 2, no. 72 (November 27, 2022): 268–73. http://dx.doi.org/10.24144/2307-3322.2022.72.84.
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The article examines the categorical and conceptual apparatus in the field of social guarantees of prosecutors. To begin with, the author made a systematic analysis of the scientific opinions of scientists regarding the understanding of the essence of such a category as “social guarantees” and proposed to understand the social guarantees of prosecutors as a system of methods, means and conditions defined by the current legislation, which are aimed at protecting prosecutors from social risks, providing adequate material, monetary and social security, taking into account its special legal status. The author also noted that “prosecutor independence” is a complex systemic category that depends on objective and subjective factors, as well as internal and external conditions. In order to achieve the independence of the prosecutor, it is necessary to take legal, organizational, and financial measures, to increase their social and material support. Therefore, guarantees of independence of the prosecutor and social guarantees cannot be equated, since the former is a broader concept in its content.
The article notes that social guarantees of prosecutors are important in their social protection, since: 1) social guarantees affect the level of social security of prosecutors; 2) social guarantees are aimed at ensuring a decent and sufficient standard of living for prosecutors; 3) contribute to the creation of proper working conditions for prosecutors for effective performance of their powers and overriding tasks of the state; 4) contribute to reducing and mitigating the vulnerability of prosecutors and the consequences of the occurrence of relevant risks that threaten the prosecutor during the performance of his powers; 5) contribute to increasing the level of social protection of prosecutors.
It was concluded that the social protection of the prosecutor needs increased attention from the state, because due to his specific activity and during the performance of specific powers, situations may arise that threaten the life and health of the prosecutor. Therefore, the establishment of increased social guarantees for prosecutors is one of the ways to increase their social security.
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Antonov, O. Yu, and S. V. Shepelev. "Special Knowledge Application in the Prosecutor’s Office Activities." Actual Problems of Russian Law 16, no. 7 (July 30, 2021): 145–58. http://dx.doi.org/10.17803/1994-1471.2021.128.7.145-158.
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In the paper, given the recent history of prosecutorial supervision, the opinions of prosecutors and scientists, and the position of the Constitutional Court of the Russian Federation, the authors analyze the legislation and court practice on cases when prosecutors engage experts. The forms of special knowledge application in the course of the prosecutor’s supervision are highlighted and specified. The authors formulate recommendations for their design and use both during the prosecutor’s investigation and for further possible legal proceedings. In case the prosecutor’s decision is taken within the framework of the powers granted by the Law on the Prosecutor’s Office, it must be made based on the results of an audit conducted with the participation of a competent person. In cases when the prosecutor’s investigation findings are subsequently result in response measures made up of legal norms in the framework of legal proceedings, the examination must be carried out in court in order to establish the circumstances requiring the use of special knowledge. Special knowledge application in the course of the prosecutor’s investigation becomes the basis for further measures of the prosecutor’s response. The authors substantiate the opinion that the integration of the institution of forensic examination into the implementation of prosecutorial supervision in its pure form is impossible. At the end of the paper, a conclusion is formulated about the forensic significance of this activity, including for an investigator, an inquiry officer at the stage of initiating a criminal case.
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Kudryashova, Alla V. "Organisational aspects of prosecutors' activity in view of recommendations of bodies of the Council of Europe (part 2)." Vestnik of Kostroma State University, no. 2 (2019): 229–32. http://dx.doi.org/10.34216/1998-0817-2019-25-2-229-232.
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The article presents an analysis of international acts – recommendations of the Committee of Ministers of the Council of Europe and the conclusions of the Consultative Council of European Prosecutors, which addressed the issues of organisational and managerial support of the functioning of the Prosecutor's office, as well as the degree of implementation of the norms of these international acts in the Prosecutor's office of the Russian Federation at the present stage. At the same time, special attention is paid to the issues of information and analytical support of prosecutorial activities; selection, professional development and career advancement of prosecutors; organisation of interaction between prosecutors, judges, law enforcement officers in order to improve the efficiency of criminal proceedings, as well as with the media, civil society institutions; improvement of criteria for assessing the work of prosecutors and general approaches to the implementation of control activities. As a result of the analysis, conclusions were drawn on the importance of the recommendations set out in international acts for further reform of the Russian Prosecutor's office, taking into account the current socio-economic and political situation.
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Kyselova, O. I., T. V. Shlapko, and M. G. Khlus. "Guarantees of exercise of labor and social rights of employees of prosecutor's offices as an integral part of their legal status." Analytical and Comparative Jurisprudence, no. 6 (February 18, 2023): 168–73. http://dx.doi.org/10.24144/2788-6018.2022.06.30.
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The article considers the mechanisms of realization of labor and social rights of prosecutors. The authors investigated that prosecutors are subject to both general labor legislation (norms of the Labor Code of Ukraine) and special ones established by the Law of Ukraine "On the Prosecutor's Office", which emphasizes the special legal status of these employees.
Acquisition of legal status by prosecutors as subjects of labor law allows them to exercise their constitutional rights and responsibilities. These elements of the legal status of prosecutors should be considered in close connection with the employment relationship and social rights in which these prosecutors are involved. The authors found that an integral part of the legal status of prosecutors are guarantees of labor and social rights - legal norms that establish ways and means of ensuring the rights and freedoms of prosecutors, their protection and restoration during office and retirement.
The study found that an important role in improving the legislation of Ukraine in the field of labor relations with prosecutors and their social rights are played by familiarity with international regulations (Conclusion of the Advisory Council of European Prosecutors № 9 (2014 (Rome Charter), Conclusion № 13 (2018) of the Advisory Council of European Prosecutors) which regulate labor and social guarantees for prosecutors. Problematic issues and gaps in the provisions of Ukrainian legislation in the field of labor and social security relations with prosecutors were investigated. The authors also developed ways to eliminate them by preserving existing and creating new norms that meet national characteristics. The importance of this study is that this system of government has a significant impact on the implementation of responsibilities for the protection of human rights and freedoms, the common interests of society and the state.
Dissertations / Theses on the topic "Special prosecutors"
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Trevino-Rangel, Javier. "Policing the past : transitional justice and the special prosecutor's office in Mexico, 2000-2006." Thesis, London School of Economics and Political Science (University of London), 2012. http://etheses.lse.ac.uk/526/.
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This thesis looks at how Mexico’s new democratic regime led by President Vicente Fox (2000–2006) faced past state crimes perpetrated during the Institutional Revolutionary Party’s (PRI’s) seventy-year authoritarian rule (1929–2000). To test the new regime’s democratic viability, Fox’s administration had to settle accounts with the PRI for the abuses the party had perpetrated in the past, but without upsetting it in order to preserve the stability of the new regime. The PRI was still a powerful political force and could challenge Fox’s efforts to democratise the country. Hence, this thesis offers an explanation of the factors that facilitated the emergence of Mexico’s ‘transitional justice’ process without putting at risk Fox’s relationship with the PRI elite. This thesis is framed by a cluster of literature on transitional justice which follows a social-constructivist approach and it is supported by exhaustive documentary research, which I carried out for six years in public and private archives. This thesis argues that Fox established a Special Prosecutor’s Office (SPO) as he sought to conduct ‘transitional justice’ through the existing structures of power: laws and institutions (e.g., the General Attorney’s Office) administered by members of the previous regime. So, Fox opted to face past abuses but left the task in the hands of the institutions whose members had carried out the crimes or did nothing to prevent them. The PRI rapidly accepted the establishment of the SPO because the most relevant prosecutorial strategy to come to terms with the PRI was arranged by the PRI’s own elite during the authoritarian era – prosecutorial strategy that led to impunity. In this process, the language of human rights played a decisive role as it framed the SPO’s investigations into the past: it determined the kind of violations that qualified for enquiry and, hence, the type of victims who were counted in the process, which perpetrators would be subject to prosecution, and the authorities that would intervene. Categories of human rights violations (e.g. genocide or forced disappearance) were constructed and manipulated in such a way as to grant a de facto amnesty to perpetrators. Fox was able to preserve the stability of the new regime as his prosecutorial strategies never really threatened the PRI elite.
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Harrington, Clodagh. "The investigation of scandal from Watergate to Monicagate : the special prosecutor in late twentieth century American politics." Thesis, London Metropolitan University, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.435590.
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Lago, Sandra Regina dos Santos. "Ministério Público de São Paulo: atuação frente à pessoa com deficiência na inclusão escolar." Universidade Federal de São Carlos, 2013. https://repositorio.ufscar.br/handle/ufscar/3153.
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Previous issue date: 2013-10-25Inclusive education is a disturbing and challenging issue for its difficulties and limitations. Throughout history, this subject has constituted controversial. However, in recent years that legal achievements are being achieved, leading to a new social positioning, especially in regards to education. However, the fact that there are standards supporting the right to education for all, including those with disabilities, it doesn't mean that such guarantee is being observed for real, which is why effective oversight is needed by society and institutions. One of the existing institutions that have empowered by the constitution to oversee and enforce legal requirements that protect the interests of society is the prosecutor, through establishment of administrative procedures. Thus, the present study aimed to search, identify and analyze the proceedings instituted in the prosecution in the state of São Paulo, involving the theme of rights to educational inclusion of people with disabilities in regular schools, in the period between 12/01/2009 to 12/01/2011, based on the previous work discussing the role this institution and defending the right to education . Having in mind the purpose of the research, we used a qualitative approach to document analysis some court procedures. The results point the prosecutor as an important ally in the legal achievements of people with disabilities related to educational inclusion and brought the discussion of the importance of public awareness of people with disabilities to advance their rights.
A educação inclusiva é uma questão inquietante e desafiadora por suas dificuldades e limitações. Ao longo da história, esse assunto tem se constituído polêmico. Entretanto, nos últimos anos que conquistas legais estão sendo alcançadas, levando a um novo posicionamento social, principalmente nos que diz respeito à educação. Porém, o fato de existirem normas amparando o direito à educação de todos, inclusive daqueles com deficiência, não significa que tal garantia esteja sendo observada na prática, razão pela qual se faz necessária a efetiva fiscalização pela sociedade e instituições competentes. Uma das instituições existentes que tem competência atribuída pela Constituição para fiscalizar e fazer cumprir as determinações legais que protejam os interesses da sociedade é o Ministério Público, por meio de instauração de procedimentos administrativos. Dessa forma, a presente pesquisa teve como objetivo buscar, identificar e analisar os procedimentos instaurados no Ministério Público no interior do estado de São Paulo envolvendo a temática de direitos à inclusão escolar da pessoa com deficiência na rede regular de ensino, no período compreendido entre 01/12/2009 a 01/12/2011, tomando como base os trabalhos anteriores realizados que discutem a atuação dessa Instituição e a defesa do direito à educação.Tendo em vista o objetivo da pesquisa, utilizou-se a abordagem qualitativa, com a análise documental de alguns procedimentos extrajudiciais. Os resultados apontam o Ministério Público como um importante aliado nas conquistas legais da pessoa com deficiência relacionada à inclusão escolar, bem como trouxe a discussão da importância da consciência cidadã da pessoa com deficiência na busca por seus direitos.
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Tizeba, Hilda Charles. "The treatment of gender-issues and development in the Sierra Leonean transitional justice context." University of the Western Cape, 2017. http://hdl.handle.net/11394/6349.
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Magister Legum - LLM (Criminal Justice and Procedure)Transitional justice mechanisms have become commonplace as a tool for recovery for societies emerging from conflict and repressive regimes. The extent to which women's rights concerning development and long-term economic advancement in the arena of transitional justice is dealt with is almost negligible. The significance of including development as a means of protecting marginalised groups such as women has been mostly disregarded in the transitional justice context. Currently, the discourse on gender justice has placed civil and political rights as well as sexual crimes against women at the centre stage. Transitional justice mechanisms have failed to give effect to long-term sustainable and substantive change in women's lives following conflict and periods of repressive rule. The core aims of transitional justice are prosecution of offenders, reconciliation and reparations for the victims of gross human rights abuses. Reparations are usually used as a medium through which restitution and compensation for the harm suffered by victims are made possible. Reparations are also deemed as an essential element for the healing and recovery of the individual victim and the society affected by egregious human rights violations.
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Mahony, Christopher. "International crimes prosecution case selection : the ICC, ICTR, and SCSL." Thesis, University of Oxford, 2013. https://ora.ox.ac.uk/objects/uuid:a390aead-46cb-42bb-baa7-431540692d9d.
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International crimes prosecutions have become more common since 1993, both domestically and at international courts and tribunals. The advance of this norm confronts realist state interests causing debate about the norm's status. Kathryn Sikkink views a norm as cascading when enough states adopt it to cause international influence, without domestic pressure, to procure levels of conformity. This thesis considers the degree of conformity by observing the level of case selection independence to determine whether this norm is cascading. By identifying the jurisdictional and functional elements of case selection independence, I develop a framework for observing the interface between politics and law. While Sikkink errs towards the quantity of international crimes prosecutions, I focus on the quality. This project examines case selection independence at the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and the International Criminal Court, in Uganda. The project considers whether case selection has become more or less independent at these courts - whether the norm of international crimes prosecution has cascaded or contracted. In observing the various case selection independence elements I attempt to explain the observed cascades and contractions at each court. I then consider whether a cascade or contraction occurred during the period of the courts' collective design and function. The research qualitatively observes a cumulative justice contraction. The research observes a combination of factors affecting case selection independence, including shifts in power dynamics between and among weak and powerful states, increasing state sophistication in international court engagement, a shift in jurisdiction triggering actors and forums, and realist state co-option of norm entrepreneurs via endearing explanation of independence-diminishing policies.
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Chang, Yin Hwa, and 張穎華. "The Research about the Independence of Prosecutor-------In Discuss of the Special Investigation Division." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/72845134874848922431.
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碩士國防大學管理學院
法律學系
100
The independence of the exercise of the prosecutorial power involves in a wide spectrum, this article is particularly concentrated in discuss of the conflict of interest when the prosecutorial power exercises in certain sensitivity case. To ensure the independent of the exercise of the prosecutorial powers system of such cases of conflict of interest, corresponding to the national normol legal system and the existing procuratorial system, the special procuratorial systems were developed. This article will view the needs of the independent of the prosecutorial under the concept of protection of human rights and the separation of powers, and then analysis the characteristics of the Special Investigation Division, comparasing with the special procuratorial systems of other countrys, to find if the set up of the Special Investigation Division and change about the way to appoint the Attorney General, will do better in solving the problem of the conflict of interest in certain case and promoting the independent exercise of prosecutorial power.
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YE, HUEI-PING, and 葉慧萍. "A Study of Prosecutions of "Manipulative Act" Cases in Economic Crimes : with Special Reference on the Serial Transactions of Paragraph1, Subparagraph 4 of Article 155 of the ROC Securities and Exchange Law." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/81870932978618232390.
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碩士國立臺北大學
法學系
95
Chapter One: Preliminary The preamble includes research motivation, objectives, scope, methods and structure. The stock market is the “economic window” of a country in which the economic status responds to the performance of the stock market. A healthy stock market will facilitate economic growth; therefore, “Manipulative acts” should be legally binding. In observing stock market “Manipulative acts” cases, the court action has a tendency to result in acquittal. As a result of unclear regulation, system oversight and difficult access to evidence, the perpetrators of “Manipulative acts” are not subject to legal sanctions. Current regulation does not functionally hinder securities crimes and is a potential liability to economic growth. The core of this study discusses the appropriation of related regulations in the substantive law. Currently, procedural law is having a tendency toward Adversary System. How can prosecutor succeed in such a system? Chapter Two: The Basic Concept of Manipulation of Economic Crime First of all, we need to define manipulation and understand the distinction between property and economic crime from the criminal law, criminology, and economics point of view. Because of the particularity and complication of economic crime, criminal proceedings to recover penalties are difficult. Improper economic criminal regulation in the substantive law such as the serial transactions of the manipulation, the legal elements are not clear, punishment excessive sentences, and so on. Furthermore, perpetrators’ subjective wrongful intent is difficult to find. Practically, they tend to infer the existence of subjective wrongful intent by the circumstantial evidence of objective facts in the United States and Japan. Similarly, our scholars and practice have the same opinion. However, because of the incompletion of the current supervisory system, the related evidence that identify crimes is difficult to retain. Evidence-based adjudication is the main trial principle of the criminal of us. Prosecutor's Burden of Proof for proving criminal facts is discussed in this chapter. Chapter Three: The Prosecutor’s Burden of Proof in the Criminal Trial The beginning of this chapter introduces the relationship between criminal proof and litigation, and the origin of two legislative models, Offizialprinzip and Adversary System. Our criminal law adopts Adversary System from Common Law. According to section 161 of the Criminal Procedure Code, the prosecutor has the burden of proof. Therefore, the prosecutor must have proof beyond a reasonable doubt. How should prosecutor review the facts necessary to prove gradually? In this chapter, we will combine the concept of facts in issues and evidence in procedure law, and the material elements of crime, justification, and excuse in substantive law, to try to present how the prosecutors establish criminal by the criminal proof against the facts of the issue. The later chapter is the same. I’m going to examine the criminal facts of the serial transactions by this method, procedure, and evidence. Chapter Four: With Special Reference on the Serial Transactions of Paragraph1, Subparagraph 4 of Article 155 of the ROC Securities and Exchange Law Because of the means of endless economic crime, this chapter will focus on the Serial Transactions of Paragraph1, Subparagraph 4 of Article 155 of the Securities and Exchange Law. Recently, there is an increase in related cases in Taiwan which indicate the serial transactions is a gaining legal concern. Evaluation of the rate of prosecution is irrelevant to the rate of conviction considering difficulties in evidence collection, prosecutor’s burden of proof and the stock market supervision system. This study analyzes the serial transactions cases based on previous cases and deliberates the opinions in the United States and Japan. Further, I’ll explain how, in the event of insufficient evidence, the serial transactions cases are enhanced by the combination of the material elements of crime in substantive law and the findings of the evidence in criminal procedure law. Chapter Five: The Solution to Inhibit the Serial Transactions of the Manipulation. Economic crimes have always been highly criticized. This chapter is going to present a solution for the improper regulation of the serial transactions and explain the implementation of the prosecutors’ burden of proof. Additionally, through some practical measures, such as raising the position of the Securities and Futures Bureau, the authorization of proper investigative rights, and establishment of a sufficient supervision system to help to collect criminal evidence, we can help the prosecutor have sufficient evidence in the trial to prevent the recurrence of securities crime. The securities criminals can get the proper conviction. Chapter Six : Conclusion Particularity of the economic criminal makes prosecution difficult. Moreover, unclear regulation complicates proof in criminal trials. Prosecutors must prove the material elements of the serial transactions. This study analyzes important items that were recognized practically, so we can judge illegal serial transactions by accumulated practical experience. Finally, I present a solution the current improper regulations and practice.
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Lopes, Catarina Lúcio Viegas. "Relatório de estágio no departamento central de investigação e acção penal." Master's thesis, 2015. http://hdl.handle.net/10362/16497.
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The means of obtaining evidence, the amount of evidence obtained, the number
of defendants related to each criminal case and the gravity of the crimes for
which the magistrates of the Department are holders of penal action, define its
real importance to the Rule of Law.
I have deeply studied the subject of the institution of hierarchical intervention
required by the assistant and the application of an opening statement by the
defendant, starting from a hypothetical case, provided when the query of an
investigation with the subject of the crime of active corruption, where this
institution was called as a reaction to the archiving dispatch delivered by the
Public Ministry.
I have study about the implementation of the institution of provisional suspension
of the process, specifically in the scope of fiscal criminality, analyzing the
effective satisfaction of the purposes of the sentences in two slopes: general
prevention and special prevention.
I went for my first time to a Central Court of Criminal Instruction, where I
attended the measures of inquiry and instructive debate of a process that
culminated with the prosecution and pronunciation of the defendants. In addition
to this criminal experience, I have deepened and consolidated the academic
knowledge with the study of various criminal cases from various fields in the
scope of criminality investigated by the Department. I could therefore check the
basis of procedural delays, regarding to our legal system, especially in this type of crime, raising issues that I analyzed and discussed, always in a critical and
academic way.
I had the opportunity to attend and witness a seminar in the Lisbon Directorate of
Finance as well of entering the Centre for Judicial Studies to attend a conference
on the International Anti-Corruption Day.
Focus on the investigatory importance of the international judicial cooperation,
through the various organs, with special interest to EUROJUST.
I comprehended the organization and functioning of these communitarian organs
and means of communication of procedural acts, in particular, the rogatory letters
and european arrest warrants. This involvement is motivated by the moratorium
factor of the investigations where rogatory letters are necessary for the
acquisition of evidence or information relevant to the good continuation of the
process. For this reason the judicial cooperation through the relevant
communitarian organs, translates a streamlined response between the competent
judicial authorities of the Member States, through the National Member that
integrates EUROJUST.
This report aims to highlight some of the difficulties and procedural issues that
Public Prosecutors of DCIAP and criminal police bodies that assist them, face in
combating violent and organized crime, of national and transnational nature, of
particular complexity, according to the specifics of criminal types.O DCIAP tem competência para a prevenção criminal, investigação e coordenação da direcção da criminalidade violenta, organizada e de grande complexidade, tal como definido no Estatuto do Ministério Público, de onde resulta a assumpção de competência dos casos mais mediáticos e com maior impacto processual e investigatório comparado com os restantes departamentos. Os meios de obtenção de prova, a quantidade de prova obtida, a quantidade de arguidos atinentes a cada processo-crime, a gravidade dos crimes para os quais os magistrados do Departamento são titulares do exercício da acção penal, definem a sua real importância para o Estado de Direito. Na realização deste relatório de estágio procurei aprofundar a temática do instituto de intervenção hierárquica requerido pelo assistente e o requerimento de abertura de instrução pelo arguido, partindo de um caso hipotético facultado, aquando a consulta de um inquérito, tendo como objecto o crime de corrupção activa onde este instituto interveio em reacção ao despacho de arquivamento proferido pelo Ministério Público. Estudei a aplicação do instituto de suspensão provisória do processo, especificamente no âmbito da criminalidade fiscal, analisando a efectiva satisfação dos fins das penas nas duas vertentes: prevenção geral e prevenção especial. Dirigi-me pela primeira vez a um Tribunal Central de Instrução Criminal, onde assisti a diligências de instrução e ao debate instrutório de um processo que culminou com a acusação e pronúncia dos arguidos. Além desta vivência penal, aprofundei e consolidei os conhecimentos académicos com o estudo de diversos processos criminais no âmbito das diversas áreas da criminalidade investigadas pelo DCIAP. Pude assim verificar os motivos que levam à morosidade processual, atinente ao ordenamento jurídico português, em especial neste tipo de criminalidade, levantando questões que abordei e analisei sempre de forma crítica e académica. Ainda no âmbito deste relatório tive oportunidade de presenciar um seminário na Direcção das Finanças em Lisboa, bem como de entrar no Centro de Estudos Judiciários para assistir a uma conferência no Dia Internacional de Combate à Corrupção. Durante a realização do estágio curricular retive a importância investigatória da cooperação judiciária internacional através dos diversos órgãos, com especial relevo a EUROJUST. Percebi a organização e funcionamento destes órgãos comunitários e os meios de comunicação de actos processuais, mormente, as cartas rogatórias e os mandados de detenção europeus. Este envolvimento é um dos factores moratórios dos inquéritos onde são necessários envios de cartas rogatórias para aquisição de prova ou de informação relevante para o bom prosseguimento do processo. Por este motivo a cooperação judiciária através dos órgãos comunitários competentes traduz uma agilização da resposta entre as competentes autoridades judiciárias dos Estados-Membros por intermédio do membro-nacional que integra a EUROJUST. Este relatório visa evidenciar algumas das dificuldades e questões processuais que os Procuradores da República do DCIAP e os órgãos de polícia criminal que os coadjuvam enfrentam no combate à criminalidade violenta e organizada, de carácter transnacional e transdistrital, de especial complexidade, de acordo com as especificidades dos tipos criminais.
Books on the topic "Special prosecutors"
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Relations, United States Congress House Committee on the Judiciary Subcommittee on Administrative Law and Governmental. Independent Counsel Amendments Act of 1987: Hearings before the Subcommittee on Administrative Law and Governmental Relations of the Committee on the Judiciary House of Representatives, One hundredth Congress, first session on H.R. 1520 and H.R. 2939 ... April 9, 23, and June 3, 1987. Washington: U.S. G.P.O., 1988.
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United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime. Independent counsel statute and Independent Counsel Accountability and Reform Act: Hearing before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, second session, on H.R. 892 ... February 29, 1996. Washington: U.S. G.P.O., 1996.
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United States. Congress. House. Committee on the Judiciary. Independent Counsel Reauthorization Act of 1993: Report together with dissenting and additional views (to accompany H.R. 811) (including cost estimate of the Congressional Budget Office). [Washington, D.C.?: U.S. G.P.O., 1993.
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United States. Congress. Senate. Committee on Governmental Affairs. The Independent Counsel Reauthorization Act of 1992: Report of the Committee on Governmental Affairs, United States Senate, to accompany S. 3131, to reauthorize the independent counsel law for an additional 5 years, and for other purposes. Washington: U.S. G.P.O., 1992.
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Congress, U. S. Independent Counsel Reauthorization Act of 1994: Conference report (to accompany S. 24). [Washington, D.C.?: U.S. G.P.O., 1994.
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United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations. Independent Counsel Reauthorization Act: Hearing before the Subcommittee on Administrative Law and Governmental Relations of the Committee on the Judiciary, House of Representatives, One Hundred Third Congress, first session, on H.R. 811 ... March 3, 1993. Washington: U.S. G.P.O., 1993.
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United States. Congress. Senate. Committee on Governmental Affairs. Independent Counsel Reauthorization Act of 1993: Report of the Committee on Governmental Affairs, United States Senate, to accompany S. 24, to reauthorize the independent counsel law for an additional 5 years, and for other purposes. Washington: U.S. G.P.O., 1993.
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United States. Congress. House. Committee on the Judiciary. Independent Counsel Reauthorization Act of 1993: Report together with dissenting and additional views (to accompany H.R. 811) (including cost estimate of the Congressional Budget Office). [Washington, D.C.?: U.S. G.P.O., 1993.
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Congress, U. S. Independent Counsel Reauthorization Act of 1994: Conference report (to accompany S. 24). [Washington, D.C.?: U.S. G.P.O., 1994.
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United States. Congress. Senate. Committee on Governmental Affairs. The Independent Counsel Reauthorization Act of 1992: Report of the Committee on Governmental Affairs, United States Senate, to accompany S. 3131, to reauthorize the independent counsel law for an additional 5 years, and for other purposes. Washington: U.S. G.P.O., 1992.
Find full textBook chapters on the topic "Special prosecutors"
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Goodman-Delahunty, Jane, Natalie Martschuk, Martine Powell, and Nina Westera. "Prosecutorial Discretion about Special Measure Use in Australian Cases of Child Sexual Abuse." In The Evolving Role of the Public Prosecutor, 169–87. New York, NY: Routledge, 2019. | Series: Directions and developments in criminal justice and law; 3: Routledge, 2018. http://dx.doi.org/10.4324/9780429467547-12.
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Harrington, Clodagh. "Watergate and Scandal Politics: The Rise and Fall of the Special Prosecutor." In Watergate Remembered, 69–86. New York: Palgrave Macmillan US, 2012. http://dx.doi.org/10.1057/9781137011985_4.
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Tessema, Marshet Tadesse. "The Ethiopian Approach to Reckon with Crimes: The Road to the Creation of the Special Public Prosecutor’s Office." In International Criminal Justice Series, 133–70. The Hague: T.M.C. Asser Press, 2018. http://dx.doi.org/10.1007/978-94-6265-255-2_4.
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Brown, John, and Audrey Brown. "The Netherlands: Tripartite Consultation: Burgomaster, Chief Public Prosecutor, Chief of Police — with Special Reference to the City of Amsterdam." In Insecure Societies, 83–119. London: Macmillan Education UK, 1990. http://dx.doi.org/10.1007/978-1-349-07975-9_3.
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Owie, Udoka. "The Special Court for Sierra Leone and the Question of Head of State Immunity in International Law: Revisiting the Decision in Prosecutor v Charles Ghankay Taylor." In Nigerian Yearbook of International Law, 239–65. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-71476-9_11.
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Татулич, Ірина Юріївна. "Глава 11. Проблемні аспекти окремого провадження в межах цивільного процесуального законодавства та шляхи їх вирішення." In Серія «Процесуальні науки», 359–95. Київ, Україна: Видавництво "Алерта", 2023. http://dx.doi.org/10.59835/978-617-566-770-5-2-11.
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The article proves the relevance of the study of separate proceedings cases and the importance of judicial practice, especially during the period of martial law. Attention is focused on improving the procedural features of all categories of separate proceedings and developing a universal procedure for their consideration and resolution to create a special procedure that will differ from other types of proceedings and have certain specifics.The author addresses the question of determining the jurisdiction in some categories of cases. Attention is paid to the issue concerning the subject-matter composition of separate proceedings cases, in particular their characteristics, types, rights and obligations, and the procedure for involvement in the case. There is substantiated the necessity for a regulatory settlement of the issue of enshrining in the norms of the Civil Procedure Code interested persons along with the applicants and their mandatory involvement in the case consideration.The status of the prosecutor in a separate proceeding has been analyzed, and his/her obligatory participation in cases concerning changes in the legal status of the natural person has been determined. Having analized legal acts and legal literature there have been identified separate proposals on improving the procedure of consideration of cases on recognition of a natural person as incapacitated. The conclusion was made regarding the expediency of expanding the circle of subjects authorized to initiate the issue of annulment of the court’s decision in these cases. In addition, the range of participants in the case of recognizing a natural person as missing or declaring him/her dead is also subject to expansion.The article examines the issues of the institution of evidence and proof. It is noted that the principle of adversariality is implemented in cases of separate proceedings. Based on the analysis of normative legal acts, the positions of scientists and procedural scientists, the author has concluded the inconsistencies of the norms of material and procedural legislation and the need to make changes to the Civil Code of Ukraine and to improve the Civil Procedure Code of Ukraine, which will positively affect the judicial practice of their application.
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Coan, Andrew. "The First One Hundred Years." In Prosecuting the President, 23–40. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190943868.003.0003.
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Between 1875 and 1973, five different presidents appointed special prosecutors to investigate all manner of high-level official corruption. This chapter tells the stories of three such investigations, which provide crucial lessons for understanding modern-day special prosecutors. In each case, popular outcry over alleged misconduct by high executive officials forced the president to appoint a special prosecutor to restore public confidence. In each case, the high public salience of the resulting investigation gave the president’s supporters powerful incentives to attack the special prosecutor. But the special prosecutor’s visibility also provided the American people a potent tool for holding presidents accountable. Right from the beginning, politics was a double-edged sword for special prosecutors and their ability to safeguard the rule of law.
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Coan, Andrew. "A Special Kind of Prosecutor." In Prosecuting the President, 7–20. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190943868.003.0002.
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This chapter explains the unique role that special prosecutors play in the American constitutional system. Their job is to ensure that even the highest government officials are not above the law. They do this by investigating and prosecuting alleged wrongdoing by the president and his close associates. To carry out this difficult charge, special prosecutors are granted the same formal powers as ordinary federal prosecutors, with one crucially important difference. For special prosecutors, the power to investigate and authorize criminal charges is confined to particular persons or suspected crimes. This difference has profound implications for the conduct of special prosecutor investigations. Most important, it places special prosecutors squarely in the public spotlight. That gives the president’s allies a strong incentive to discredit special prosecutors. It also enables the public to hold the president accountable. Only if the American people take this responsibility seriously can special prosecutors function effectively.
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Coan, Andrew. "A Cancer on the Presidency." In Prosecuting the President, 41–63. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190943868.003.0004.
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This chapter recounts the special prosecutor investigation that forced Richard Nixon to resign the presidency on August 8, 1974. On the surface, this outcome seems distinctly improbable. Nixon actually allowed himself to be forced from office by a special prosecutor he had the power to fire at any time. What can explain this result? The obvious answer is intense and sustained political pressure, which was made possible by the special prosecutor’s high public visibility. Never has the power of special prosecutors—or the dependence of that power on the vigilance of the American people—been clearer.
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Coan, Andrew. "Introduction." In Prosecuting the President, 1–6. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190943868.003.0001.
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How did special prosecutors come to exercise significant power, despite serving purely at the pleasure of the president? Why has the United States rejected stronger institutional safeguards of the sort embraced by other advanced democracies? What does this history means for special prosecutors today? The short answer to all of these questions is that special prosecutors function as catalysts for democracy. By raising the visibility of presidential misconduct, they enable the American people to hold the president accountable for his actions. But just like presidents, special prosecutors can abuse their power. To guard against this risk, the president retains the power to fire a special prosecutor at any time. If he exercises that power corruptly or capriciously, special prosecutors have no legal remedy. But they are not unprotected. The president must ultimately answer to the American people. This has proved a surprisingly powerful deterrent.
Conference papers on the topic "Special prosecutors"
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Ristova, Olja. "SECUNDARY VICTIMIZATION OF VICTIMS OF HUMAN TRAFFICKING IN JUDICIAL PROSEEDINGS IN THE REPUBLIC OF NORTH MACEDONIA." In SECURITY HORIZONS. Faculty of Security- Skopje, 2021. http://dx.doi.org/10.20544/icp.2.4.21.p21.
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One of the basic principles judicial authorities should adhere to when dealing with human trafficking victims is refraining from secondary victimization. Considering that secondary victimization is an exacerbation of primary victimization through inadequate or even erroneous reaction by law enforcement agencies, analysis of the degree of secondary victimization of human trafficking victims in court proceedings is of great importance when evaluating the sensitivity of the actions of judicial authorities. The research conducts both quantitative and qualitative analysis of all twelve final judgments in criminal proceedings in the Republic of North Macedonia in the period from 2015 to 2020. The quantitative analysis provides data on the frequency of victims and number of times the victim was heard in these court proceedings. It further analyses the victim’s distributions by gender, ethnicity and age. The qualitative research focuses on the written explanations of the verdicts. More specifically, it analyzes whether the change of the procedural law and the level of expertise and professionalism of the judges, prosecutors and lawyers in the application of special measures for procedural protection of victims has an impact on secondary victimization in court proceedings. The paper concludes that the main reason for the existence of secondary victimization is the insufficient expertise, professionalism and education of judges, prosecutors and lawyers, which is reflected in the lack of legal provisions practice of special protective measures for the victims. Key words: secondary victimization, victims of human trafficking, criminal proceedings, special protective measures.
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Rep, Mojca. "POSSIBILITY OF ABUSE OR PROTECTION OF EU FINANCIAL INTERESTS IN SLOVENIA." In SECURITY HORIZONS. Faculty of Security- Skopje, 2021. http://dx.doi.org/10.20544/icp.2.5.21.p14.
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The protection of the European Union's financial interests has recently been one of the main priorities in the Republic of Slovenia. Their abuse, committed with a special form of intent and a motive for acquiring illegal material gain, constitutes a criminal act. Therefore, in Slovenia the criminal act of Fraud to the detriment of the European Community was first criminalized in 2008 by the Criminal Code (hereinafter CC), and after 2012, Fraud affecting the financial interests of the European Communities. In order to combat the latter, interinstitutional cooperation is crucial at international and national level, hence European Anti-Fraud Office, Anti-fraud coordination service, the Office of the Republic of Slovenia for Budgetary Control, Government Office for European Cohesion Policy, and the newly established European Public Prosecutor's Office prosecuting perpetrators of crimes against the abuse of the European Union budget. Adoption and implementation of the Lisbon Treaty, which establishes even stronger transnational connection between the member states, provides additional measures that might take effect in previously described theme. According to the Lisbon Treaty, legal regulation in the field of Criminal Law will be enabled through Regulatives and Directives, which will lead to easier unification of the Law in this area. In addition, the European Public Prosecutor, whose primary task is to shield common financial interests, is established through the Lisbon Treaty Adoption. International standards are increasingly emphasizing the role of the Office for the Prevention of Money Laundering as an intelligence unit, which means that in future the Office will increasingly specialize in data collection and provide the competent institutions with access to it. Some provisions in this regard are already contained in the new Prevention of Money Laundering and Terrorist Financing Act, allowing courts, prosecutors, police and Financial Administration access certain data collected by the Office, and also providing the Office with access to financial data in cases when asset status is determined. Since becoming a member of the European Union, Slovenia is entitled to European cohesion policy funds, which creates a necessity to ensure respect for principles such as legality, transparency and economy in the use of these funds. Keywords: legislation, statistics, authorities, European cohesion policy
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Rassokhina, Anna Sergeevna. "Special prosecutor's office department activity in the Russian Federation." In XI International Students' research-to-practice conference. TSNS Interaktiv Plus, 2016. http://dx.doi.org/10.21661/r-112685.
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Petrović Škero, Vida. "Postupak i naknada nematerijalne štete u medijskim sporovima." In Prouzrokovanje štete, naknada štete i osiguranje. Institut za uporedno pravo, Udruženje za odštetno pravo, Pravosudna akademija, 2023. http://dx.doi.org/10.56461/zr_23.ons.10.
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Media disputes are special litigation proceedings in which the court must balance betweem various rights and the amount of compensation for non-pecuniary damage, assess whether the right to freedom of speech and citizens' right to information is restricted. Only an urgent procedure and an independent court that will resist the pressure of prosecutor in civil proceedings who are often public figures with great influence, and on the other hand the media with specific power over public opinion, ensure adequate protection of the most sensitive rights of citizens. This paper analyzes how the procedure for determining compensation for non-pecuniary damage is carried out according to the current Law on Public Information and Media. Current norms could ensure effective protection of citizens' personal rights in media disputes. The implementation of the Law is faulty. Uniform case law in determining the amount of compensation for non-pecuniary damage represents one of the factors of a fair trial. Unfortunately, the established amount of compensation does not fulfill its purpose. Violation of subjective rights is related to a person and the amount of damage must ensure personal satisfaction. It must be such that it influences the perpetrator, the media, to refrain from further infringement of rights. The law determined the reasons for violation of personal rights. They provide a legal basis for awarding damages in the event that the media abuses freedom of speech through unprofessional behavior. Case law must be a quality complement to legal norms in order to achieve the purpose of media disputes in realizing the balance of rights.
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Бардин, Лев, and Lev Bardin. "On the problems of the quality of legal education assurance." In St. Petersburg international Legal forum RD forum video — Rostov-na-Donu. Москва: INFRA-M Academic Publishing LLC., 2017. http://dx.doi.org/10.12737/conferencearticle_5a3a6fac7e9c54.84141347.
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More than once it was said that it is objectively impossible to prepare for four years in the university a universal specialist, ready for legal practice immediately after receiving diploma; that is still not found treatment of a disease called "substandard legal education". In 2006, the rector of the Moscow State Law University Oleg Kutafin said: "We hope that the decision on the switchover to the Bologna system for law schools will be canceled "; "In general, I welcome the Bologna process, but it does not mean that we must blindly copy other systems. In our country law schools used to prepare specialists of wide profile, which can then become a judge, a prosecutor, and a lawyer. We believe that breaking this system is dangerous for the legal field of the country ". Unfortunately, so far the hopes of Academician Kutafin do not meet the expectations. Bachelor - Master programs continue to be realized. Rector of Moscow State University. after M.V. Lomonosov Victor Sadovnichy called a mistake the transition to the Bologna system of higher education and proposed to return to the five-year education. There are more cons of implementation of the Bologna system in legal education in Russia is more than pluses. A serious modernization of the specialty programs is required. No less important is the creation of a system of real motivations for teaching staff of law schools, including a decent payment for teaching activities.
To promote the quality of educating of lawyers in our country could the system, similar to existing in Germany. On February 16, 2017 Federal state educational standard of Higher education 40.05.04: judicial and prosecutorial activities (level of specialty) was approved. I would like to hope that in the nearest future relevant standards for all Legal specialties time will be approved. If the legal community of Russia will not unite in such an important issue as the transmission of the legal education on the "modernized specialty", and will not make the state to adopt the appropriate decision, then the worst Oleg Kutafin’s fears regarding legal field of the country may come true.
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Saeed Ghafoor Ahmad, Kosar, and Amanj nasih qadir omer. "Prosecuting the perpetrators of the Camp Speicher crime according to Iraqi laws or the jurisdiction of the International Criminal Court." In Peacebuilding and Genocide Prevention. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicpgp/45.
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"This work includes talking about the crime of Camp Speicher, in which 1,700 students of the Iraqi army of the Sheea creed were killed by the gangs of the terrorist organization ISIS, with the aim of eliminating the members of this sect because of the misleading ideology carried by those gangs. On 6-12-2014, Iraqi soldiers at Camp Speicher (Speicher Air Base) in Tikrit were subjected to murder and enforced disappearance by terrorist organizations because of their affiliation to the Sheea creed. This crime was among a series of brutal crimes for the genocide of Sheeas in Iraq. This is similar to what happened in the Badoush prison crime in the province of Mosul, which the Iraqi Parliament considered it as a crime of genocide, in which these gangs executed about (400) members of the prison inmates of the Sheea component. After ISIS took control of the city of Tikrit in Iraq, and one day after they took control of the city of Mosul, they captured (2000-2200) soldiers and led them to the presidential palaces in Tikrit, and they shot them there and in other areas and buried some of them alive. This disaster had a negative impact on the families of the victims of the Speicher where they went out in demonstrations demanded that the leaders who handed over the victims of Speicher to ISIS must be prosecuted, and in one of the demonstrations they managed to enter Parliament and demanded that the leaders who handed over Speicher to ISIS be held accountable. After that, many demonstrations took place by the families of the victims, some of which led to the closure of a bridge in Baghdad a few times Protesting the government's delay in clarifying the fate of their children or taking quick measures. The Iraqi parliament and government recently considered the Speicher incident “genocide” in reference to the premeditated murder of Badoush Prison inmates in Nineveh Governorate and the unarmed Speicher military base, the premeditated murder of members of the Albu Nimr, Jabour, al-Lahib, and al-Ubaid tribes, and the killing and displacement of civilians from Kurds, Christians, Yazidis and Shabaks in Sahel Nineveh, Sinjar, deliberate killing and displacement of Turkmens in Tal Afar and Bashir. This decision paves the way for obtaining international recognition from it as a ""genocide"" as stipulated in the Contract of the United Nations in 1948, and Iraq signed it in the fifties of the last century. This study attempts to explain the Al-Ikhnasas Court in looking into the crimes of genocide committed by ISIS against the bereaved students of the Air Force Base (Speicher) due to what this issue raised from the national and international public opinion, especially after the involvement of the Iraqi army leaders in this massacre, according to what witnesses reported in that area and what was reported by soldiers who survived the incident, in addition to the involvement of some members of the Sunni tribes in these crimes with the terrorist organization ISIS. The importance of this study lies in the following aspects: - That ISIS elements were tried according to Anti-Terrorism Law No. 13 of 2005, and from our point of view that the aforementioned law is vague and broader than it should be, and it applies to serious and simple crimes from murder to crimes of sabotage, and the list of crimes punishable by the death penalty according to the aforementioned law is a long list and spacious. - The Iraqi government has embarked on an attempt to develop a legal framework to prosecute ISIS elements, and its mission focused on understanding the procedures and results drawn from those judicial efforts, and its mission also focused on showing the efforts taken by the Iraqi government to address violations in the field of the right to life, including those committed by affiliated forces government as well as other international and domestic actors. The International Criminal Court is specialized in considering specific crimes under Article (5) of its Statute, which are war crimes, aggression and crimes against humanity, which necessitates the adaptation of Speicher's crime within any of the mentioned types of crimes. The assumption of the International Criminal Court in relation to the Speicher crime, includes several positive matters and results at the same time a set of negatives, which must be presented to those positives and negatives in order to give preference between them and the choice of authorizing the court to consider the crime or not. The terrorist organization ISIS has committed serious systematic violations, including war crimes and others, and perhaps those that are not under its control, and that none of these crimes can be addressed within the anti-terrorism law, which cannot address human rights violations. The international community has recognized the heinous violations committed by ISIS against the citizens of Iraq by adopting Resolution (2370) in September of 2017, issued by the Security Council, which authorizes the Security Council to appoint an investigation team to support local efforts to hold ISIS elements accountable by collecting and preserving evidence in Iraq, which can rise to a high level, and it was committed by the elements of the organization. It considers that the decision constitutes a burden and an obligation on Iraq to investigate all allegations of violations committed by government forces for the purpose of holding them accountable, as well as requiring the establishment of special courts and trained judges in relation to ISIS crimes to deal with them. Terrorism is a global curse that has recently spread horizontally to all countries of the world and its effects have been concentrated vertically in some countries, and no one denies that the parties to this phenomenon are increasing (perpetrators and victims) and the United Nations in particular and the international community in general has not succeeded in reducing it despite the fact that the resolutions of the UN Security Council It is increasing, but the proportionality is absent between these decisions and the practical reality. The phenomenon of terrorism is spreading rapidly, and the perpetrators of terrorist acts are on the rise, corresponding to an increase in the victims of terrorism. Also, the circumstances and events that Iraq is going through, especially after 2003, put it at the forefront of countries which suffers from terrorism that has killed the people, using methods and forms that were not previously known and brutal and bloody cruel. ) for the year 2005, and since terrorism was not limited to Iraq, but included many countries, and was not specific to a place or time, nor was it recent in terms of composition. In addition, the aforementioned law cannot be aware of all violations of international and humanitarian law, as we mentioned previously, which requires the necessity of referring the criminals to a competent court. The Court conducts its rule under Article (13) of its Statute when referred to it by a state party to the same system or by the Security Council or when the Public Prosecutor conducts the investigation on his own, and then how does the Court take its measures regarding the aforementioned crime if we take a look Considering that the State of Iraq is not a member of the Statute of the Court. The rule of the court is free from the death penalty, which makes the idea of authorizing the court to consider the crime rejected by most Iraqis, especially the families of the victims. What are the negative aspects of the Iraqi national judiciary’s view of the Speicher crime, and how can it be avoided if the International Criminal Court plays this role? What are the guarantees provided by the court in the event that it proceeds with its procedures regarding this crime? The research on this subject is according to the appropriate method, which is the analytical and comparative method, which works on studying and comparing topics by analyzing ideas and jurisprudential rulings, and the positions of the governments of countries and the United Nations, as well as the resolutions of the Security Council and the General Assembly, and comparing arbitration between Iraqi courts. And the international courts regarding the trial of the perpetrators of the Speicher base crime, and then come up with a set of conclusions and recommendations."