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Journal articles on the topic 'Time limit for prosecution'
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1
Allahverdiyev, Alovsat. "Defining war crimes: a look to the prosecution by international criminal judicial bodies." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 427–33. http://dx.doi.org/10.36695/2219-5521.2.2020.84.
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The article is dedicated to the overview of the scope and application of international prosecution on war crimes. Although theterm “war crimes” is not a new concept in international law, different approaches exist in defining the precise limits of it. War crimesare always considered as one of the primary challenges and pecularities minimizing the whole efficiency of international law. Nevertheless,not all known prosecutions on war crimes ended with success. In traditional international law war crimes are always related tomilitary or armed conflicts what may be international or non-international conflict. History of international humanitarian law demonstratesthat almost all of the military conflicts were associated with war crimes. However, international law was not able to buil upstrong judicial mechanisms for the prosecution of war crimes for a long time. Modern type of international prosecution over war crimescan be linked to military tribunals established after World War I. At the same time, we should not forget that most of war crimes committedbefore and during WWI still remain unpunished. These problems demand new conceptual approach to the understanding of warcrimes as well as methodology of international prosecution. We know that first military tribunals were of quasi-international character.Although modern international law contains fully international military tribunals, still there are a lot of cases of failure to punish warcrimes. We need to understand that being a type of international crimes against peace and humanity, war crimes can be committed outsidethe active period of war. Thus, there is a need to re-define again the scope and subject matter of war crimes. On the other hand,prosecution of war crimes should be studied apart from other international law violations, human rights in particular.
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HARLING, PHILIP. "THE LAW OF LIBEL AND THE LIMITS OF REPRESSION, 1790–1832." Historical Journal 44, no. 1 (March 2001): 107–34. http://dx.doi.org/10.1017/s0018246x01001698.
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The article examines the use of seditious libel and blasphemy as instruments of control during the era of Tory hegemony. It argues that the law of libel was a formidable instrument of repression, but one which was all but abandoned by the legal authorities because it proved to be too unreliable. On the one hand, it placed the writers and vendors of radical literature under the constant threat of prosecution. They could be perpetually threatened by ex-officio informations; they paid all legal costs accruing from their cases; and, if put to trial, they often faced a hostile judge and a packed jury. On the other hand, a great deal of arguably seditious literature circulated freely because the Home Office lacked the institutional means to embark on a policy of wholesale prosecution; enforcement of the libel laws was scattershot at best; and defendants ultimately managed to undermine the government's prosecutorial strategy by exploiting the flexibility of language to win acquittal in some well-publicized cases. Thus the profound uncertainty of libel proceedings made them double-edged weapons which often damaged the government and the accused at the same time.
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Limańska, Aleksandra, and Marta Pustuła. "Pozycja pokrzywdzonego w świetle nowelizacji Kodeksu postępowania karnego z 19 lipca 2019 r." Problemy Prawa Karnego 30, no. 4 (October 30, 2020): 127–48. http://dx.doi.org/10.31261/ppk.2020.04.06.
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This article addresses some amendments of the Polish Code of Criminal Procedure in so far as they affect the position of the injured party. The Act of 19 July 2019 amending the Polish Code of Criminal Code provides for a number of changes relating to that participant of criminal proceedings. The paper deals with the extension of the time limit within which it is possible to withdraw a motion to prosecute, changes to the so-called subsidiary complaint, setting a deadline for questioning the injured under Articles 185a and 185c of the Polish Code of Criminal Procedure or serving the injured party with an order to pay (injunctive judgment) alongside the instructions on how to appeal against the judgment and simultaneously file a statement that the injured will act in the capacity of a subsidiary prosecution counsel. The analysis is aimed to establish whether those changes have led to the strengthening or weakening of the position of the injured party.
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Vause, Erika. "A subject of interest: usurers on trial in early nineteenth-century France." Financial History Review 24, no. 1 (April 2017): 103–19. http://dx.doi.org/10.1017/s0968565017000063.
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This article examines perceptions and practices of habitual usury, a crime consisting of lending above the legal rate of interest on multiple occasions, in early nineteenth-century France using descriptions of usury trials found in the popular legal periodical the Gazette des Tribunaux. Following the French Revolution, French law legitimized lending at interest in principle, but punished ‘habitual usurers’ who ‘made a profession’ from lending above the legal limit. The decades that followed witnessed striking growth in banking, joint-stock companies and other financial institutions. Highlighting the connections between cultural constructions of the usurer and the actual processes deemed usurious, this article seeks to understand a paradox: that usury was deemed omnipresent in French society yet it was rarely prosecuted. By examining how habitual usury was defined and prosecuted in French courtrooms, this article shows how habitual usurers both validated and undermined stereotypical notions of predatory lending behavior found in popular culture of the time. Habitual usury trials also reveal the actual practices that allowed those excluded from formal financial networks to participate in the growth of capitalist relations. This article argues that the nineteenth-century obsession with the usurer can be explained by the crucial role played by usurious practices in the credit economy of the period. As such, prosecution of usury tended to focus on the character of the usury rather than the actual practice of illegal lending. This article suggests that by occasionally prosecuting particularly egregious ‘immoral’ moneylenders, the legal system and journals like the Gazette des Tribunaux worked to keep credit accessible to the ‘underbanked’.
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Modell, Scott J., and Suzanna Mak. "A Preliminary Assessment of Police Officers' Knowledge and Perceptions of Persons With Disabilities." Intellectual and Developmental Disabilities 46, no. 3 (June 1, 2008): 183–89. http://dx.doi.org/10.1352/2008.46:183-189.
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Abstract Individuals with developmental disabilities are 4 to 10 times more likely to become crime victims than individuals without disabilities (D. Sobsey, D. Wells, R. Lucardie, & S. Mansell, 1995). Victimization rates for persons with disabilities is highest for sexual assault (more than 10 times as high) and robbery (more than 12 times as high). There are a number of factors related to individuals' with disabilities susceptibility to interactions with the criminal justice system. In addition to these factors, many significant barriers exist, both real and perceived, that limit investigation and prosecution of these cases. How police officers perceive and understand disability play significant roles in how these cases develop and evolve. The purpose of this study was to assess police officer knowledge and perceptions of persons with disabilities.
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Nikulina, V. A. "The Origins of Limitation Period in the Old Russian Criminal Law." Lex Russica 73, no. 10 (October 23, 2020): 126–36. http://dx.doi.org/10.17803/1729-5920.2020.167.10.126-136.
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The prototype of the modern institution of limitation periods for criminal prosecution appears in old Russian law. The crime under it is of a private legal nature (offense), and the main punishment is revenge on the offender. The nascent state power requires limiting revenge, which is destructive in nature, although it continues to act as a natural reaction to deviant behavior. One of these restrictions is the establishment of a certain period during which it was allowed to take revenge with impunity. In different legal systems, this period is designated differently. In old Russian law, which was influenced by Byzantine legal practice, there was a demand for the legality of revenge only in case of immediate implementation, which brings it closer to the institution of necessary defense. This also shows the beginnings of the modern institution of limitation periods, since revenge at that time satisfied the goals of punishment. The analysis of the norms of Russkaya Pravda [Russian Justice] in comparison with the norms of ancient German law is a confirmation of this. In addition, the establishment of limitation periods in old Russian law in some cases had procedural prerequisites, which are also characteristic of the modern institution of limitation periods. Nevertheless, long-standing oblivion did not receive its further development in old Russian law. The most popular institution was monetary compensation, which not only effectively replaced revenge, but also provided an economic platform for the emerging state apparatus. In such circumstances, it was economically unprofitable to limit the payment of ransom as the main type of punishment for that period of time, and first of all directly to the state in the person of the princely power. Thus, in its historical development, the institution of limitation periods for criminal prosecution at the stage of old Russian law acquires its identity and significance only when comparing and disclosing those tasks that were solved by the state in this particular period of time by applying punishment.
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Scutt, Jocelynne. "POLICE, PROSECUTION, COURTS AND WARTIME DEMONSTRATIONS: ADELA PANKHURST IN THE AUSTRALIAN HIGH COURT." Denning Law Journal 23, no. 1 (November 26, 2012): 65–91. http://dx.doi.org/10.5750/dlj.v23i1.365.
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Rights of assembly and freedom of speech are a rich ground for decision-making by police, prosecutors and courts in determining a balance with obligations of authorities to keep the peace and prevail against disorderly conduct or riot. Recent claims of abuse of police powers through “kettling” have reached the European Court of Justice. These cases directly address the scope and exercise of police authority in maintaining order during demonstrations. Yet not only police powers are in issue at times of political disputation. Two cases heard early last century by the Australian High Court illustrate the way in which both the decision to prosecute and judicial decision-making may be influenced by socio-political considerations, particularly in time of war. Pankhurst v Porter and Pankhurst v Kiernan saw Adela Pankhurst, youngest daughter in the redoubtable Pankhurst family of Suffragette fame, testing the limits of the law during the struggles to ensure that sending wheat abroad to feed the troops would not justify pricing bread out of the reach of ordinary, working-class households. The success of the appeal in Pankhurst v Porter exposed error in the prosecutorial process. The failure of the appeal in Pankhurst v Kiernan exposed flawed reasoning in the majority opinion and the strength of the dissenting judgment in it’s application of the law to the facts and the need to maintain objectivity or at least neutrality as to the particular appellant.
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Laurencia, Tamara. "Penyadapan oleh KPK dalam Perspektif Due Process of Law." JURNAL MERCATORIA 12, no. 2 (December 26, 2019): 122. http://dx.doi.org/10.31289/mercatoria.v12i2.2790.
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<em>Corruption is very detrimental. KPK was established to eradicate corruption and is given extensive duties and authority. KPK is given the authority to conduct investigation and prosecution, and in the implementation, KPK has the authority to conduct wiretapping. However, the authority given to KPK in conducting wiretapping seems to be too broad and was given without any clear boundaries in terms of the time limit for example. It should also require permission to conduct wiretapping in order to uphold the law. Wiretapping has been a violation of privacy towards citizen rights. The right can only be limited by the Law, but it cannot be removed from existence. One of the principles of criminal procedure in Indonesia is due process of law that consist of three important aspects, namely presumption of innocence, equality before the law, and the rule of law. This principle basically requires the protection of the rights of the suspects or defendants in terms of the substance of the law that regulates or the implementation, which in this case is not to be considered guilty during criminal justice process, equality before the law regarding the right to privacy that can only be limited, not removed from existence.</em>
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Sidorova, Lyudmila Viktorovna, Idris Muhamatyunusovich Gilmanov, Muhamat Muhamatyunusovich Gilmanov, and Rustem Robertovich Magizov. "Analysis of separate aspects of legal proceedings related to the introduction of the code of the Kyrgyz Republic on infractions." Laplage em Revista 6, Extra-C (December 30, 2020): 265–70. http://dx.doi.org/10.24115/s2446-622020206extra-c650p.265-270.
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Since 1987, after the adoption by the Committee of Ministers of the European Council member states of the Recommendation n. 6 R (87) 18 "Concerning the simplification of criminal justice", the legislators of most states began to introduce into their national legislation various simplified forms that allow achieving procedural savings and reduce time in the proceedings. Indeed, this path proposed by the international legislator allows the shortest way to solve the problem of reducing social tension in society. To solve this problem, it is also necessary to develop at a high level the procedural aspects of private prosecution in cases of misdemeanour. Especially heated discussions occur in the latter case around the question about the limits of the list of articles in this category.
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Fan, Mary D. "Body Cameras, Big Data, and Police Accountability." Law & Social Inquiry 43, no. 04 (2018): 1236–56. http://dx.doi.org/10.1111/lsi.12354.
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The increase in data from police-worn body cameras can illuminate formerly opaque practices. This article discusses using audiovisual big data from police-worn body cameras, citizen recordings, and other sources to address blind spots in police oversight. Based on body camera policies in America's largest cities, it discusses two possible roadblocks: (1) data retention and deletion, and (2) limits on use for evaluation and discipline. Although recordings are retained for criminal prosecutions, retention for oversight and accountability is overlooked or is contentious. Some departments have no policy on videos concerning civil suits against the police. The retention time for non-evidentiary recordings is also much shorter. Some policies limit their use for evaluation and discipline. Transactional myopia—seeing at the case rather than the systemic level—leads to a focus on specific footage for particular cases, rather than the potential of aggregated body camera big data to reveal important systemic information and to prevent the escalation of problems.
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MacDowell, Douglas M. "The length of the Speeches on the Assessment of the Penalty in Athenian Courts." Classical Quarterly 35, no. 2 (December 1985): 525–26. http://dx.doi.org/10.1017/s0009838800040386.
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The time-limits imposed by the κλεψύδρα on speakers in Athenian trials have been much discussed, but a valuable distillation of the ancient evidence and modern interpretations of it has recently been made by P. J. Rhodes, A Commentary on the Aristotelian Athenaion Politeia (1981), pp. 719–28. He prudently states his own conclusions in a cautious manner, but I find them convincing. One khous of water took 3 minutes to run out; this is indicated by the length of time taken by the κλεψύδρα found in the Agora (first published by S. Young, Hesp. 8 [1939], 274–84), which holds 2 khoes and takes 6 minutes, and it is also consistent with the evidence of Aiskhines about the διαμεμετρημένη ⋯μέρα. In a ‘measured-through day’, used only for public cases, the total amount of time allowed for the speeches in a trial was 11 amphoreis (Ais. 2.126), equivalent to 132 khoes, taking 396 minutes; one third of this time was allocated to the prosecution, one third to the defence, and one third to the speeches on the assessment of the penalty (Ais. 3.197). Time taken for other proceedings, including the allocation of jurors to courts, voting, and payment of jurors at the end of the day (this last is not mentioned by Rhodes, but it was surely completed well before dusk, because the jurors had time to go shopping afterwards; cf. Ar. Wasps 303–11, 788–9), was additional.
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Deng, Yanhua, and Kevin J. O'Brien. "Relational Repression in China: Using Social Ties to Demobilize Protesters." China Quarterly 215 (July 24, 2013): 533–52. http://dx.doi.org/10.1017/s0305741013000714.
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AbstractChinese local officials frequently employ relational repression to demobilize protesters. When popular action occurs, they investigate activists' social ties, locate individuals who might be willing to help stop the protest, assemble a work team and dispatch it to conduct thought work. Work team members are then expected to use their personal influence to persuade relatives, friends and fellow townspeople to stand down. Those who fail are subject to punishment, including suspension of salary, removal from office and prosecution. Relational repression sometimes works. When local authorities have considerable say over work team members and bonds with protesters are strong, relational repression can help demobilize protesters and halt popular action. Even if relational repression does not end a protest entirely, it can limit its length and scope by reducing tension at times of high strain and providing a channel for negotiation. Often, however, as in a 2005 environmental protest in Zhejiang, insufficiently tight ties and limited concern about consequences creates a commitment deficit, partly because thought workers recognize their ineffectiveness with many protesters and partly because they anticipate little or no punishment for failing to demobilize anyone other than a close relative. The practice and effectiveness of relational, “soft” repression in China casts light on how social ties can demobilize as well as mobilize contention and ways in which state and social power can be combined to serve state ends.
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Salet, Renze, and Jan Terpstra. "Criminal justice as a production line: ASAP and the managerialization of criminal justice in the Netherlands." European Journal of Criminology 17, no. 6 (February 25, 2019): 826–44. http://dx.doi.org/10.1177/1477370819828332.
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Since the 1990s criminal justice systems in West European countries have increasingly been affected by the process of managerialization. The managerialization of criminal justice may result in fundamental tensions between different sets of values: efficiency and cost-effectiveness against values such as the rule of law or careful decision-making. This article concentrates on one example of the managerialization of criminal justice: the policy programme ASAP (As Soon As Possible) in the Netherlands, aimed at making the settlement of cases of high-volume petty crime both faster and more efficient. The introduction of ASAP has resulted in a strong standardization of work processes and strict time limits, for both the police and the public prosecution service. In this article we analyse how ASAP operates in practice and to what degree the policy goals of ASAP are realized. This analysis shows that the introduction of ASAP has transformed an important part of the Dutch criminal justice system into an assembly or production line. This example of the managerialization of criminal justice has resulted in important tensions between, on the one hand, managerial values and, on the other, the values of occupational (legal) professionalism.
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Hloviuk, Iryna. "REVIEW ON THE MONOGRAPH OF OLEKSANDR TORBAS �DISCRETION IN THE CRIMINAL PROCESS OF UKRAINE: THEORETICAL JUSTIFICATION AND PRACTICE OF IMPLEMENTATION�." Social Legal Studios 10, no. 4 (December 25, 2020): 147–50. http://dx.doi.org/10.32518/2617-4162-2020-4-147-150.
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Current period of development of the legal system of Ukraine is characterized by variability of legislation that regulates, in particular, organization of judicial system and implementation of criminal proceedings. Unfortunately, criminal procedure legislation is no exception, given how many changes and additions have been made to the Criminal Procedure Code of Ukraine since its entry into force in 2020. Undoubtedly, like any other codified legal act, CPC of Ukraine in modern conditions cannot be unchanged, given the dynamics of public relations, the provisions of international law, decisions of ECtHR and number of attempts to solve identified problems of its application. Difficulties of criminal procedural law enforcement are manifested in such an area as the use of discretion of authorities in criminal proceedings, although without it application of legislation is ineffective. At the same time, lawful discretion in criminal proceedings should not turn into its opposite � arbitrariness, which will already violate rights and legitimate interests of individuals and legal entities. In criminal proceedings, given the imperative method of legal regulation and possibility of various coercive measures, including those related to the restriction of constitutional human rights, this issue is of particular importance, given, inter alia, that prosecution�s discretion applies within non-adversarial procedure, and the CPC of Ukraine does not always provide for the possibility of appealing such decisions in court. The peer-reviewed monograph consists of four chapters, which contain 10 sections. Structuring of the monograph is logical; the author analyse problems of discretion from questions of concept, signs and limits of discretion, and then moves to the characteristic of realization of discretion by judge, prosecutor, investigator, detective. In general, without a doubt, the monograph of Torbas O. O. �Discretion in the criminal process of Ukraine: theoretical justification and practice of implementation� is relevant, complete and fundamental scientific work, has scientific and practical value. Monograph of Torbas O.O. significantly enriches criminal procedure doctrine regarding the subjects of criminal proceedings, criminal procedure decisions and other areas.
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TARRANT, NEIL. "Giambattista Della Porta and the Roman Inquisition: censorship and the definition of Nature's limits in sixteenth-century Italy." British Journal for the History of Science 46, no. 4 (August 31, 2012): 601–25. http://dx.doi.org/10.1017/s0007087412000684.
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AbstractIt has long been noted that towards the end of the sixteenth century the Catholic Church began to use its instruments of censorship – the Inquisition and the Index of Forbidden Books – to prosecute magic with increased vigour. These developments are often deemed to have had important consequences for the development of modern science in Italy, for they delimited areas of legitimate investigation of the natural world. Previous accounts of the censorship of magic have tended to suggest that the Church as an institution was opposed to, and sought to eradicate, the practice of magic. I do not seek to contest the fact that ecclesiastical censors prosecuted various magical and divinatory practices with greater enthusiasm at this time, but I suggest that in order to understand this development more fully it is necessary to offer a more complex picture of the Church. In this article I use the case of the Neapolitan magus Giambattista Della Porta to argue that during the course of the century the acceptable boundaries of magical speculation became increasingly clearly defined. Consequently, many practices and techniques that had previously been of contested orthodoxy were categorically defined as heterodox and therefore liable to prosecution and censorship. I argue, however, that this development was not driven by the Church asserting a ‘traditional’ hostility towards magic, but was instead the result of one particular faction within the Church embedding their conception of orthodox philosophical investigation of the natural world within the machinery of censorship.
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Grinenko, A. V. "INTERACTION OF INVESTIGATORS AND PROSECUTORS IN NEW LEGAL REALITIES." Proceedings of the Southwest State University 21, no. 4 (August 28, 2017): 147–53. http://dx.doi.org/10.21869/2223-1560-2017-21-4-147-153.
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Determination of the investigator and the prosecutor procedural status is formulated in the article. Powers of the prosecutor in relation to the investigator are described. The author notes main objectives of the prosecutor activity. Changes of criminal procedure legislation which affect functions of the prosecutor and the investigator are studied. The problem of procedural independence of the investigator is considered. Main questions which the prosecutor has the right to address to the investigator are analyzed. It is offered that investigators should be a part of unified department but should closely interact with other law enforcement agencies. Rights of supervision of decisions legality, investigator actions (inaction) don’t limit procedural independence of the investigator. It is offered to give to the prosecutor an opportunity to give to the investigator written instructions on the direction of investigation and procedural actions production. At the same time the investigator has to have the right not to agree with these instructions and to report about it to the head of investigative body and also to the higher prosecutor. Introduction expediency of a new form of public prosecutor's reaction - introduction of cautions about inadmissibility of law violation to the investigator is proved. Such caution doesn't influence procedural independence of the investigator and just notifies him that when the prosecutor receives criminal case with indictment, contents will have certain claims. At the legislative level it is expediently to differentiate the prosecutor's powers on consideration and permission of complaints depending on the form (inquiry or preliminary investigation) in which preliminary investigation on criminal case is conducted.
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Goldmann, Matthias, and Cornelia Schneider. "ICC Case Simulation Exercise: Prosecutor v Five Pilots from Blueland and Whiteland." German Law Journal 4, no. 8 (August 1, 2003): 815–25. http://dx.doi.org/10.1017/s2071832200016448.
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During the process of the establishment of the International Criminal Court (ICC), a voluminous set of rules was elaborated to ensure that the Court will become an effective instrument for the enforcement of international law. These rules and provisions were drafted and approved in the abstract, but how would they actually work in practice? – We hear that the USA has undertaken an enormous diplomatic effort to limit the jurisdiction of the ICC. To what extend would the outcome of these efforts create an obstacle for the Court to exercise its jurisdiction? – The new ICC Prosecutor has just been sworn in, and several hundred incidents have been reported to the Court where crimes falling under the Rome Statute of the International Criminal Court might have been committed. Still, it might take some months, if not years until the Court sees its first indictment or trial and until the statute and rules of the Court are applied for the first time.
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Kusnadi, Febefitriany, and Hery Firmansyah. "ANALISIS PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN PERKOSAAN INSES YANG MELAKUKAN ABORSI PADA TINGKAT PEMERIKSAAN PENGADILAN (STUDI KASUS PUTUSAN NOMOR 5/PID.SUS.ANAK/2018/PN.MBN.)." Jurnal Hukum Adigama 2, no. 2 (December 27, 2019): 459. http://dx.doi.org/10.24912/adigama.v2i2.6559.
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Law Number 36 Year 2009 regarding Health still gives room for abortion for a certain reason, namely by reason of medical indications, but medical indications in the law only state the limits, where incest rapes can be used as medical indications for having an abortion so that the crime is abolished. The problem faced is whether there is a violation of procedural law at the examination at the Muara Bulian District Court, related to decision of number .5/Pid.Sus.Anak/2018/PN.Mbn and how the legal protection of women victims of incest rape who have an abortion at the court examination level (Study of Case of Decision Number 5/Pid.Sus.Anak/2018/PN.Mbn). Method of research used in writing this thesis is normative legal research. The results showed that violations of the WA during the examination period at Muara Bulian District Court, Jambi were the detention of children who were raped, where the Defendant was still a child category and during the trial process was detained, the child victims of rape clearly needed protection from the trauma of rape experienced. the need for psychosocial assistance from the time of treatment to recovery; and the provision of protection and assistance at every level of the examination starting from the investigation, prosecution, until the examination in the court hearing.
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Zagorski, Gennady I., Fedor M. Kobzarev, and Mikhail S. Shalumov. "THE USE OF REMAND IN CUSTODY AND PERIODS OF DETENTION: SOME THEORETICAL AND LEGAL ISSUES." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 38 (2020): 42–50. http://dx.doi.org/10.17223/22253513/38/5.
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One of the significant problems in contemporary domestic criminal proceedings is the issue of uniform, lawful and justified application of preventive measures in the form of remand in custody. This concerns both the selection of this measure of procedural coercion and the extension of the period of detention in custody. An analysis of scientific publications, legisla-tion, and the positions of the Constitutional Court, the Supreme Court and the European Court of Human Rights suggests the need to improve the provisions of the Code of Criminal Proce-dure regulating the application of this preventive measure. Under Article 109 of the Code of Criminal Procedure, which specifies the duration of remand in custody, remand in custody during the investigation of an offence may not exceed two months; if it is impossible to complete the preliminary investigation within that period and there are no grounds for changing or quashing the preventive measure, the period may be extended to six months. Further extensions (up to 12 months) may be made in respect of persons accused of serious or particularly serious offences only when the criminal case is particularly complex and there are grounds for choosing this preventive measure. The period of detention (up to 18 months) can be extended at the pre-trial investigation stage only in exceptional cases in respect of persons accused of especially grave crimes. As a general rule, this period is the maximum and no further extension is permitted. The exception to this rule is the extension of the period of remand in custody until the accused and his or her counsel have been informed of the case file (up to 30 days) or, if that is not sufficient, for a longer period of time. After the pretrial investigation has been completed, the period of remand in custody may also be extended by the court, on application by the investigator or the person conducting the initial inquiry, to ensure that the prosecutor, and also the trial court, takes account of the period provided for in article 221, paragraph 1, or article 226, paragraph 1, or article 226.8, or article 227, paragraph 3, of the Code of Criminal Procedure (article 109, paragraph 8.1 of the Code). The time limit may also be extended in the cases referred to in paragraph 8.2 of Article 109 of the Code of Criminal Procedure - to ensure that the higher prosecutor, as well as the trial court, takes decisions on the received criminal case for a period, the length of which is deter-mined by taking into account the time limits referred to in paragraph 4 of Article 221, or paragraph 4 of Article 226, or paragraph 4 of Article 226.8, as well as paragraph 3 of Article 227 of the Code of Criminal Procedure. Thus, the current Code of Criminal Procedure of Russia allows for a reasonable length of detention and does not set a time limit for a person under arrest to be held in strict isolation from society, limiting detention to an overall limit of 18 months only during the pre-trial investigation. This is because even very long periods of detention may be compatible with Article 5 § 3 of the European Convention. Article 5 § 3 of the European Convention on Human Rights, as the safeguards in that provision do not imply any permissible period of detention beyond which it would automatically be breached or guarantee compliance with it.
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Fuah, Mar. "Perancangan Sistem Monitoring Penyelesaian Berkas Pidana Dengan Metode Rule Based Expert Systems dan Teknologi Radio Frequency Identification." JURNAL SISTEM INFORMASI BISNIS 7, no. 2 (November 9, 2017): 146. http://dx.doi.org/10.21456/vol7iss2pp146-153.
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The process of criminal cases settlement is based on the regulation of time limit on trial. It is difficult to see the each stage of process because of the number of case files handled. To know the status of settlement, it needs monitoring system of RFID technology built by design to a model of Rule Based Expert Systems. It facilitates the process of data files so it can produce the right, quick and accurate report. The priority of criminal case files is based on the level of completion difficulty while the tracking involves 3 locations: police, public prosecutor and district court. Rule Based Expert System method works following an expert's knowledge in solving a problem. The design that has been made is capable of being implemented and according to the user’s needs. It helps to quickly generate the right information of criminal case settling time process.
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Sulistyanta, Sebastianus Adi Santoso Mola, Fredyk M. Haba Djingi, and Fatma Ayu Jati Putri. "The Tipikor Trial Model Based on IT In implementation of The Hearing on The Islands To Be Fast, Lightweight Cost and Simple." SHS Web of Conferences 54 (2018): 08010. http://dx.doi.org/10.1051/shsconf/20185408010.
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Based on Law no. 46 of 2009 on the Court of Corruption, this court has the authority to examine and decide on corruption cases filed by the KPK and the State Prosecutors and High Offices. According to Article 35 paragraph (1) to paragraph (4) of Law no. 46 year 2009 TIPIKOR courts exist only in each provincial capital whose jurisdiction covers the province concerned. The existence of this provision would not want the District Attorney in every district/city should delegate the case to the Corruption Court in the provincial capital. Whereas the area of NTT is an archipelago area where distance between districts with the city of Kupang is very far. Based on the results research: the cost required by several State Prosecutors’ samples to prosecute 1 (one) case in TIPIKOR Court in Kupang is quite varied, i.e. Rp.127.534.000, -, Rp. 294,096,000, -, Rp. 376,556,000, and Rp. 354,220,000, -. The costs generally have exceeded the cost limit for the determined prosecution of Rp. 190,000,000, -. The variation of cost incurred by each State Prosecutor’s sample gives an illustration that the more distance from Kupang city, the greater the cost. In addition, the duration of the ongoing trial process has had an effect on the cost. Weather factors, flight delays due to bad weather make the trial schedule chaotic, and costs incurred increases. As a result, the work of witnesses becomes neglected, the Public Prosecutor’s job of handling other cases becomes impeded. Based on the matters above, it is necessary to create a sub-district court model and/or IT-based TIPIKOR judiciary to save relatively expensive cost and cut the time available to bring it closer to the quick, cheap, and simple justice principles. This alternative judicial model of TIPIKOR in addition to contributing to the theoretical level of future development of the judicial system, is expected to become a model for the mining of the judicial system in other islands provinces in Indonesia.
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Sunarno, Haris Wahyu, and Akhmad Khisni. "Analysis Of Criminal Liability As Doer Of Preening Criminal (Case Study In The Blora State Court)." Jurnal Daulat Hukum 3, no. 1 (April 22, 2020): 223. http://dx.doi.org/10.30659/jdh.v3i1.8779.
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Criminal beatings lately occur a lot because of actions from one person to another outside the normal limits. Crimes that often occur are beatings regulated in the criminal law book, namely Article 170 of the Criminal Code. The formulation of the problem in this study is how is the form of criminal responsibility towards the perpetrators of the beating crime committed by more than one perpetrator, and what are the obstacles in the criminal justice process against the perpetrators of the beatings and their solutions. The method used in the form of sociological juridical research specifications descriptive analysis. Data consists of primary data and secondary data taken by the method of document collection, interviews, and literature study. Based on the research it was concluded (1) The form of a system of criminal justice process in the flow of the trial in the decision Number 94 / Pid.B / 2019 / PN Bla as a form of criminal responsibility towards the perpetrators of beating crimes that are processed in the criminal justice process, (2) Obstacles deep inhibition in the criminal justice process against the perpetrators of the beating crime including the investigation process in presenting witnesses, the prosecution process that takes time, and article 170 of the Criminal Code which still has ambiguous in theoretical.Keywords: Criminal Liability, Beating Criminal Acts
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Basdeo, Vinesh M., Moses Montesh, and Bernard Khotso Lekubu. "SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE." Journal of Law, Society and Development 1, no. 1 (September 1, 2014): 48–67. http://dx.doi.org/10.25159/2520-9515/874.
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Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.
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Repetskyi, Serhii. "Criminal offenses of terrorist direction in criminal legislation of foreign countries." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 11(23) (June 11, 2021): 181–88. http://dx.doi.org/10.33098/2078-6670.2021.11.23.181-188.
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Purpose. The purpose of the work is to study the criminal offenses of terrorism in the criminal law of foreign countries and to outline the limits of the use of its positive assets. The methodology. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and formulation of relevant conclusions. The following methods of scientific cognition were used during the research: comparative-legal, logical-grammatical, system-structural, modeling. Results In the course of the research it was recognized that in the criminal legislation of foreign countries there is no single approach to the definition of criminal offenses of terrorist orientation. In most European countries, prosecution is provided not only in the criminal code, but also in special laws to combat this phenomenon. At the same time, increased attention is paid to the fight against terrorist financing and incitement to terrorism. Also noteworthy is the attribution to terrorism of a significant number of illegal acts, which without a terrorist purpose constitute independent criminal offenses (murder, bodily harm, riots, robbery, damage to important public buildings, kidnapping, etc.). Scientific novelty. In the course of the research it is scientifically substantiated to divide the legislation on liability for criminal offenses of terrorist orientation into three models: 1) complex (combination of criminal law and specially defined for counter-terrorism legislation); 2) criminal law; 3) criminological, in which the fight against terrorism is reflected only in specialized legislation. Practical significance. The results of the study can be used in law-making activities in further improving the national criminal law on terrorist offenses, as well as in the educational process during the teaching and study of disciplines "Special part of criminal law of Ukraine" and "Criminology".
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Tanveer, Usman, and Danish Ahmed Siddiqui. "How Consumers Justify Their Unethical Behavior: The Role of Moral Recognition Strategies (Moral Rationalization, and Decoupling), Complemented by Culture, on the Purchase of Counterfeits in Pakistan." International Journal of Industrial Marketing 6, no. 1 (February 18, 2021): 1. http://dx.doi.org/10.5296/ijim.v6i1.18312.
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Moral recognition, is defined as a person’s description of a condition as ethical dilemma. However, people will not always interpret situations as ethical problems in the same way with the same force under all circumstances. The literature suggests that when two conditions of acceptance of ethics (moral rationalization and decoupling) are met, people will define the situation as a ethical problem differently. In the moral system, people use it to turn immoral acts into less immoral acts. Therefore, it allows them to violate ethical standards while maintaining a certain standard of conduct such as buying counterfeit goods because of their low prices. Here, consumers are more likely to make a profit by rearranging their actions for less ethical, which means seeking appropriate ethical reasons (including ethical justification, non-professional language, beneficial comparisons, migration of responsibilities, distribution of responsibility, distortion of results, prosecution; (Bandura et al., 1996), to coordinate adjustments and conditions, and to reach a judgment. Moral decoupling is defined as a psychological process chosen to prevent misconduct, in which one separates the judgment of performance from judgments of morality (Bhattacharjee et al., 2013). When people use this strategy, they focus on social benefits (e.g., image, use of status, etc.) as well as economic benefits (e.g., visual fashion content, physical appearance, performance, scarcity, etc. Chen et. al. (2018) linked these two strategies in an empirical assessment to explore the effect of dimensions of moral recognition (moral rationalization and moral decoupling) on counterfeit purchases mediated by moral judgment and perceived benefits respectively. We modified the Chen model with the complementary effect of materialistic culture in this relationship. We argue that moral recognition firstly affects counterfeit purchase (CP) through Moral rationalization, and then through moral judgment in a two-step mediation. Secondly, through moral decoupling and further through perceived benefits. Thirdly, directly affecting CP complemented by materialistic culture as a moderator. Empirical validity was established by conducting a survey employing a close-ended questionnaire. Data was collected from 230 consumers and analyzed using confirmatory factor analysis and structured equation modeling. The results suggested that moral recognition seems to limit purchase intention (PI) directly. Similarly, it neutralizes to Moral Rationalization (MR), and Decoupling (MD) behaviors. Moreover, MR tends to positively affect PI both directly, and well as indirectly through moral judgment (MJ). Similarly, MD also has a direct and positive effect on PI, as well as perceived benefits (PB), however, PB and PI relationship was not substantiated. Hence, MR seems to negatively affect PI through MD, as well as through MR and MJ as a first and second-order mediator. Lastly, materialism seems to promote the counterfeit purchase, at the same time positively complement the effect of MR on PI, in a way that MR would have a more pronounced effect on PI in case of the higher materialistic consumer.
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Weisz, Arlene N. "Prosecution of Batterers: Views of African American Battered Women." Violence and Victims 17, no. 1 (February 2002): 19–34. http://dx.doi.org/10.1891/vivi.17.1.19.33642.
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Findings from 207 interviews of urban, African American women indicated that 65% of the women said they favored prosecution of their abusers. A logistic regression showed that the following independent variables were related to significantly decreased odds of opposing prosecution: prosecution being initiated, being separated from partner, and abuser’s use of alcohol and/or drugs during violent incidents in the last 6 months. Bivariate analysis showed that a long history of severe abuse by the partner was associated with favoring prosecution. The most common reasons that women gave for favoring prosecution were that abuse is illegal and not acceptable and that abusers should not violate or touch women. The most common reasons for opposing prosecution were that women believed the incident was not serious or was the first time he was violent. The study can be used to expand discussion about prosecution of batterers.
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Mujuzi, Jamil Ddamulira. "Private Prosecution in Nigeria under the Administration of Criminal Justice Act, 2015." Journal of African Law 63, no. 2 (June 2019): 225–50. http://dx.doi.org/10.1017/s0021855319000184.
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AbstractPrivate prosecutions have been part of the Nigerian legal system for a long time. In 2015, the Administration of Criminal Justice Act (ACJA) came into force. The ACJA provides for, inter alia, circumstances in which a person may institute a private prosecution. In this article, relying on jurisprudence emanating from Nigerian courts before the ACJA came into force, the author suggests ways in which Nigerian courts could approach the right to institute a private prosecution under the act. To achieve this objective, the author discusses: the right to institute a private prosecution; locus standi to institute a private prosecution; and measures to prevent abuse of the right to institute a private prosecution.
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Polovnikova, M. Yu, and E. N. Nemchaninova. "Creation of the Vyatka Brotherhood of the Saint Nicholas the Miracle Worker in the Context of the Interaction of the Secular and Spiritual Authorities of the Vyatka Province." Nauchnyi dialog, no. 9 (September 30, 2020): 420–33. http://dx.doi.org/10.24224/2227-1295-2020-9-420-433.
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Using mainly historical-comparative and historical-genetic methods, the question of the interaction of secular power in the person of the governor of the Vyatka province N. A. Troinitsky and the spiritual power in the person of Bishop of the Vyatka and Sloboda provinces Apollos (Belyaev) in terms of resolving the issue of opening a brotherhood in the Vyatka province to work with Old Believers, is raised in the article. In this work, on the basis of archival materials, the process of preparation for the opening of the Vyatka brotherhood of St. Nicholas the Miracle Worker in the city of Vyatka in 1882 is considered. Particular attention is paid to the consideration of the position of the Bishop of Vyatka and Sloboda Apollos regarding the creation of the Vyatka brotherhood. In the course of the study, the authors come to the conclusion that Bishop Apollos was a supporter of the initiative of Archpriest Stephen Kashmensky in terms of creating a brotherhood, but at the same time sought to limit the material base of the brotherhood and create a brotherhood without funding from the consistory. As a result, through the Chief Prosecutor of the Holy Synod K. P. Pobedonostsev, the misunderstanding between the secular and spiritual authorities of the Vyatka province was eliminated, and in the fall of 1882, with the blessing of the Bishop of Vyatka and Sloboda Apollos, the Vyatka brotherhood of St. Nicholas the Miracle Worker was established.
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Wallad, Adi Al Fatah. "The Difference in Meaning for the Dismissal of Charges, Postponement of Charges and Waiver of Dispute." Yuridika 35, no. 2 (December 26, 2019): 211. http://dx.doi.org/10.20473/ydk.v35i2.16878.
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The development of the authorities which have the right stop a certain prosecution and case overriding in Indonesia has led to multiple interpretations, especially relating to the policy of the public prosecutor to postpone prosecution on grounds of public interest. Postponement of a prosecution or investigation should not be known in Indonesian criminal procedure law, but this practice is applied several times when it is related to one of the personnel of the KPK. In fact, the Attorney General once issued a decision to set aside the case of Bibit and Chandra after the pretrial ruling stated that the prosecution of the two men was invalid. Some of these problems have led to the blurring of the concept of stopping and delaying the prosecution and overriding of the case. The termination of the prosecution aims to stop the prosecution process while the delay in the prosecution does not stop the prosecution process but rather to delay it for a certain period of time or until the cessation of the commotion in the community and the case overriding aim to provide legal immunity against perpetrators of criminal offenses which should be based on sufficient evidence to be submitted to the court hearing but not submitted on grounds of public interest.
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McDougall, Gay J. "Addressing State Responsibility for the Crime of Military Sexual Slavery during the Second World War: Further Attempts for Justice for the “Comfort Women”." Korean Journal of International and Comparative Law 1, no. 2 (2013): 137–65. http://dx.doi.org/10.1163/22134484-12340018.
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Abstract Between 1932 and the end of the Second World War, the Japanese Government and the Japanese Imperial Army forced over 200,000 women into sexual slavery in rape centres throughout Asia. The majority of the victims were from Korea, but many were also taken from China, Indonesia, the Philippines and other Asian countries under Japanese control. There has been no real redress for these injustices: no prosecutions of guilty perpetrators, no acceptance of full legal responsibility by the Government of Japan, and no compensation paid to the surviving victims. The present paper focuses primarily on the issue of state responsibility and the situation of the Korean survivors. The study concludes that Japan has a continuing legal liability for grave violations of human rights and humanitarian law, violations that amount in their totality to crimes against humanity. The study establishes, contrary to Japanese Government arguments, that (a) the crime of slavery accurately describes the system established by the rape centres and that the prohibition against slavery clearly existed as a customary norm under international law at the time of the Second World War; (b) that acts of rape in armed conflict were clearly prohibited by the Regulations annexed to the Hague Convention No. IV of 1907 and by customary norms of international law in force at the time of the Second World War; (c) that the laws of war applied to conduct committed by the Japanese military against nationals of an occupied state, Korea; and (d) that because these are crimes against humanity, no statute of limitations would limit current-day civil or criminal cases concerning the Second World War rape centres. The paper also refutes the argument that any individual claims that these women may have had for compensation were fully satisfied by peace treaties and international agreements between Japan and other Asian States following the end of the Second World War.
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Basysta, I. V. "Prosecutor’s Authority To Participate In Criminal Trial In The Form Of Private Prosecution: Ukrainian Legislation, Court Practice, And International Experience." Actual problems of improving of current legislation of Ukraine, no. 50 (June 11, 2019): 13–25. http://dx.doi.org/10.15330/apiclu.50.13-25.
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This publication is the author’s attempt to present to the academic community the objective problems related to a prosecutor’s participation in a criminal trial in the form of the private prosecution, and possible ways and means to resolve them. In particular, the author offers her own approaches towards application by the prosecutor of their function of supporting public prosecution as an activity of exclusively public nature, which allows for the prosecutor’s participation in a criminal trial in the form of the private prosecution; prosecutor’s involvement being inherent to both forms of public- private and public procedural activities.
The article provides arguments supporting the following conclusions:
- as the prosecutor supports private prosecution as well, the functions of supporting public prosecution, as an activity of exclusively public nature, include the prosecutor’s participation in criminal trial of private prosecution;
- in the existing legal framework, both forms of proceedings (private (or, more precisely, public-private) and public) include the prosecutor’s procedural activities, which is proving indictment in the court to secure criminal responsibility of the individual who committed a criminal offence (state prosecution);
- prosecutor’s participation in a criminal trial of private prosecution is mandatory. At that, one should keep in mind the prosecutor’s exceptional powers described in Article 340 of the Criminal Code of Process of Ukraine.
Attorney involvement in the prosecution of private prosecution is mandatory. At the same time, it should be remembered for its exclusive powers under Article 340 of the CPC of Ukraine.
The prosecution’s performance of a procedural obligation to conduct a pretrial investigation of a criminal offense in private prosecution and to support a state prosecution in court is a guarantee of the realization of the principles of equality, competitiveness of the parties and freedom in presenting their evidence to the court and proving their conviction, Article 22 of the CPC of Ukraine.
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Coquart, Jérémy B., Roger G. Eston, Timothy D. Noakes, Claire Tourny-Chollet, Maxime L’hermette, Frédéric Lemaître, and Murielle Garcin. "Estimated Time Limit." Sports Medicine 42, no. 10 (October 2012): 845–55. http://dx.doi.org/10.1007/bf03262298.
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Barberić, Lara, Davorka Čolak, and Jasmina Dolmagić. "Prosecuting War Crimes and Meeting Obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms at the Same Time – the Case of Croatia." Croatian International Relations Review 21, no. 74 (December 1, 2015): 41–61. http://dx.doi.org/10.1515/cirr-2015-0016.
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Abstract This article aims to give an overview of how human rights violations that occurred during the Homeland War in Croatia are redressed by conducting criminal prosecution in the Republic of Croatia. Namely, criminal prosecution as one of the elements of transitional justice is essential not only for establishing the accountability of war crime perpetrators, but also as a warning that such violations shall not be tolerated in the future. Moreover, drawing on the jurisprudence of the European Court of Human Rights, this article examines how the efforts made by national prosecution bodies to investigate war crimes are assessed by this court. It concludes with the idea that both prosecution of war crimes and protection of human rights, as guaranteed by The Convention for the Protection of Human Rights and Fundamental Freedoms and the European Court of Human Rights, seek to achieve the same goal, i.e. protecting the most basic human rights of the war crimes victims and other individuals.
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Basa, Michał Wojciech. "Głos w dyskusji o zaniechaniu ścigania jako sposobie reakcji na przestępstwo w prawnie dopuszczalnym procesie karnym." Problemy Prawa Karnego 29, no. 3 (December 26, 2019): 89–109. http://dx.doi.org/10.31261/ppk.2019.03.05.
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The subject of considerations is an attempt to describe and assess the institution of cessation of prosecution, resulting from reaching an agreement, as reaction to crime. The effective consensus-driven approach ought to be aimed at combining court instruments and values with the axiological basis of agreement-based litigation (namely, principle of restorative justice), and also with legal measures which allow to mete out a due penal reaction or, frequently, the cessation of prosecution. In case of proceedings regarding misdemeanours, where there is a possibility of eliminating the consequences of the crime solely by compensatory actions within victim-perpetrator relation, the state ought to waive the execution of ius puniendi. What should constitute the limit of waiving the right to punish is a combination of circumstances such as: negligible degree of social harm, reaching a plea agreement that includes the manner of compensation, along with executing thereof. Then, the sufficient reaction to crime is redressing damage or compensation for the harm suffered and the prosecutor’s decision to cease prosecution. The stage of judicial proceeding does not have to and should not be merely a forum for reaching and executing court agreements. The described variant of cessation of the prosecution combines instrumental values, such as the promptness and cost-effectiveness of proceedings with non-instrumental ones, such as due process and implementation of restorative justice. Through only partial waiver of the trial subject implementation, cessation of the proceedings may constitute a compromise between legalistic values and those of judicial opportunism.
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Titov, Pavel. "criminal trial, criminal prosecution, private prosecution, counter claim, connection of statements, private accuser, defendant." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2019, no. 4 (December 25, 2019): 146–52. http://dx.doi.org/10.35750/2071-8284-2019-4-146-152.
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Introduction. In the presented article problems of acceptance and permission of counter claims for private prosecution are investigated. The matters in details were not considered in science of criminal procedure therefore have numerous gaps. Purpose. The purpose of article is formulation of legal essence of the counter claim and development of optimum theoretical model of permission of the counter claim along with initial one. Methodology. Article is based on the dialectic-materialistic method assuming studying of issues in total and an interconnection. Also special methods were applied: synthesis and analysis, induction and deduction, legallistic. Results. In article the standards of the criminal procedure law regulating an order of consideration and permission of counter claims are analyzed. Criteria of admissibility of connection of the counter claim with initial one are elaborated: indissoluble communication of the facts of reality and impossibility of the isolated research of the circumstances which are subject to proof. Offers on investment with the procedural status of participants of the trial are formulated. Authors of initial and counter statements have to be allocated at the same time with the statuses of the private accuser and defendant, investigative actions with them have to be made in the status of the defendant, without a warning of a criminal liability for standing mute and making obviously untruthful evidences.
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Aksenova, Marina. "Human Rights at the International Criminal Court: Testing the Limits of Judicial Discretion." Nordic Journal of International Law 86, no. 1 (March 23, 2017): 68–90. http://dx.doi.org/10.1163/15718107-08601001.
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The future of the International Criminal Court (icc) is uncertain. The system established by the Rome Statute of the icc ensures that priority is given to domestic prosecutions, while at the same time, it imbues international values into national systems. The approach of the Court to the rights of the accused and victims’ rights poses challenges. In the Al Senussi complementarity decision, the icc refused to act as a human rights court and rendered the case inadmissible, notwithstanding the death penalty threatening the accused if tried in Libya. Does the same reasoning hold true in other circumstances? The article explores the relationship between human rights law and international criminal law with specific reference to the principle of complementarity and argues that judicial discretion is central in the assessment of the degree of human rights protection at the icc.
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ВЛАСОВА, Светлана Владимировна. "PRIVATE PUBLIC PROSECUTION IN THE CRIMINAL PROCEDURE MECHANISM OF COUNTERING ECONOMIC CRIMES." Rule-of-law state: theory and practice 17, no. 1(63) (March 31, 2021): 119–26. http://dx.doi.org/10.33184/pravgos-2021.1.8.
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The legal nature of the private public prosecution mechanism for offences committed in the economic sphere has a number of features and differences from other types of criminal prosecution. The investigative component has a decisive influence on the form and conduct of criminal proceedings in cases of entrepreneurial crime. At the same time, the legal regulation of the prosecution of these crimes clearly deviates from the legal standard of the private public prosecution mechanism. The development of legal measures to regulate the transition from a private public model to a fully private model of prosecution is motivated by the tendency to strengthen the consensual elements in the criminal law enforcement mechanism of countering entrepreneurial crimes. The purpose of the article is to analyze criminal procedure activities in criminal cases of private public prosecution of crimes committed in the field of entrepreneurial activity. Methods: the author of the article uses general scientific methods, comparative-legal, logical methods of analysis and synthesis. The results of the study reveal problems with the use of legal and regulatory instruments as a means of resolving disputes between business entities. Without a reliable legal guarantee for the protection of private interests, the effective protection of the public law interest, which is the legal order of business and other economic activities, may be lost.
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Moslavac, Bruno. "Trenutak realizacije konfrontacijskog prava u kontinuumu kaznenog postupka." Zbornik radova Pravnog fakulteta u Splitu 54, no. 4 (November 7, 2017): 867–86. http://dx.doi.org/10.31141/zrpfs.2017.54.126.867.
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The fairness of the proceedings for the defendant as the central point of the prosecution of the criminal prosecution and prosecution body is one of the requirements of the convention law, embodied in the Croatian criminal procedural law. The process of stigma occasionally appearing in relevant criminal justice decisions points to the fact that legal certainty has not yet been established regarding judicial practice in terms of the time of the conflicting rights of defense, but also of the worrying arbitrariness of the decisions, particularly as regards non-compliance with a higher court. In this paper, the author uses a case-study method to study the recent decisions of Croatian criminal courts regarding the interpretation of the moment when, according to procedural legal requirements, the realization of the right of defense must necessarily be examined by prosecution witnesses. Finally, it points to the inequality of the court practice of the lower courts with the highest court in Croatia, the unenforceability of certain court decisions and interpretations for which it is not possible to invest (regular) legal remedies and imposing obligations on criminal prosecution bodies that are not subject to a criminal procedural law.
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Shastitko, A. Ye, and K. V. Dozmarov. "Realisticity of Individual Choice Model Does Matter: On Cartel Prosecution." Scientific Research of Faculty of Economics. Electronic Journal 13, no. 2 (July 20, 2021): 7–25. http://dx.doi.org/10.38050/2078-3809-2021-13-2-7-25.
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Criminal prosecution of monopolistic activities in the form of market cartelization is the most sensitive tool for individuals, which can have both a serious deterrent effect and limit behavior that is beneficial to public welfare. This paper discusses the theoretical aspects of the issue of choosing a regime of antitrust enforcement in connection with the design of amendments and enforcement of the norms of Article 178 of the Criminal Code of the Russian Federation, taking into account possible differences between the initialization, conclusion of a cartel agreement and participation in it. The article shows that there are various options for the relationship between the concept of conclusion and participation in the agreement, including anti-competitive one. However, this requires the application of realistic assumptions regarding the behavior of individuals. Practical issues of designing criminal penalties for cartels are considered taking into account various legal concepts, including the form and types of guilt, as well as on the basis of a comparison with other articles of the Criminal Code that punish collective unlawful acts. In connection with the problem of reproduction of an inhospitable tradition, the Russian antitrust identified the risks of imputed imputation (risks of I type errors) and insufficient punishment of the cartel organizer (risks of II type errors) in case of underestimating the importance of economic concepts based on the principle of methodological individualism and the assumption of bounded rationality of individuals.
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Titov, Pavel. "Problems of the legal status of the prosecutor on criminal private accusation cases." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 3 (October 2, 2020): 123–32. http://dx.doi.org/10.35750/2071-8284-2020-3-123-132.
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Introduction. Relevance of the research topic. Criminal proceedings are generally based on public law, which involves the participation of a prosecutor in criminal cases, who performs two main functions: criminal prosecution and supervision of the procedural activities of the preliminary investigation bodies. In cases of private prosecution, however, taking into account the specifics of initiating criminal prosecution, the lack of stages of initiation of criminal proceedings and preliminary investigation and the collection of the bulk of evidence by a private prosecutor, the Prosecutor cannot perform the same functions as in cases referred to public prosecution. Problem statement. Science did not use to pay much attention to the powers of the Prosecutor for criminal cases of private prosecution. Even in scientific works directly dealing with the issue, only concise norms of the criminal procedure law, without their detailed disclosure and specification, were mainly reproduced. Goals and methods. The aim of the research is to develop an optimal theoretical model of the prosecutor’s participation in criminal cases of private prosecution and to formulate a list of their powers. The work is based on the dialectical and materialistic method, which involves a comprehensive study of phenomena, their interactions being taken into account. Such methods as formal and legal, analysis and synthesis, deduction and induction have also been used. Results and key conclusions. The author makes suggestions about possible theoretical models of the Prosecutor’s participation in the category of cases under consideration, points at their defects and, as a result, suggests his own conceptual model. Attention is drawn to the fact that the attorney cannot go over to the side of the prosecution and should not be granted rights attributed exclusively to the private Prosecutor: to formulate a charge, to define people to be brought to justice, to petition for reconciliation with the accused. The Prosecutor in the cases of private prosecution procedure should preserve neutrality. At the same time, their participation is intended to make up for the characteristic features of the victim, which make it difficult for the latter to defend their right for justice and to be protected from crime. The paper formulates procedural rights the Prosecutor in a private prosecution case should be provided with and gives reasons for the Prosecutor’s necessity to give an opinion on the case, disclosed to the court and the parties at the end of the judicial investigation. It is stated, that the Prosecutor for private prosecution performs functions that are neither criminal prosecution nor supervision of the investigation bodies. They exercise supervision over the legality of the actions of the participants in criminal proceedings on behalf of the defense and prosecution in order to ensure the validity of the decision.
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deGuzman, Margaret. "Giving Priority to Sex Crime Prosecutions: The Philosophical Foundations of a Feminist Agenda." International Criminal Law Review 11, no. 3 (2011): 515–28. http://dx.doi.org/10.1163/157181211x576393.
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AbstractIn light of serious resource constraints, international criminal courts are required to select a small number of crimes for prosecution, leaving others to national courts or, more often, impunity. In recent years, feminists have advocated that such courts give priority to prosecuting sex crimes even at the expense of other serious crimes, including those involving killing. Many international prosecutors have heeded this call, placing special emphasis on the prosecution of sex crimes. At the same time, empirical evidence shows that many people consider sex crimes less serious than crimes resulting in death. There is thus a need to ground the selection of sex crimes for prosecution in the purposes of international criminal law. This essay examines the four primary philosophical bases advanced for international prosecutions – retribution, deterrence, expressivism, and restorative justice – to determine how they inform decisions whether to give priority to sex crime prosecutions. It concludes that retribution and deterrence support such selections at least some of the time, and expressivism and restorative justice provide an even stronger foundation for giving priority to sex crimes.
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Dugard, John. "Dealing With Crimes of a Past Regime. Is Amnesty Still an Option?" Leiden Journal of International Law 12, no. 4 (December 1999): 1001–15. http://dx.doi.org/10.1017/s0922156599000515.
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From time immemorial amnesty has been employed as a means of promoting a political settlement and advancing reconciliation in societies that have emerged from repression. At present there is a trend in support of prosecution of those who have committed international crimes, such as torture and crimes against humanity, which excludes the possibility of amnesty. That amnesty is no longer favored is illustrated by the failure of the Rome Statute of the International Criminal Court to recognize amnesty as a defence to prosecution. While there is no place for unconditional amnesty in the contemporary international legal order an intermediate solution such as a Truth and Reconciliation Commission with power to grant amnesty after investigation, of the South African kind, may contribute to the achievement of peace and justice in a society in transition more effectively than mandatory prosecution.
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Dudley, N. "JAMA's rule needs time limit." BMJ 338, apr21 3 (April 21, 2009): b1615. http://dx.doi.org/10.1136/bmj.b1615.
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Hiraaki, Koji, Kuniki Amano, Tsuguo Fujitaka, Michinori Imazu, Hiroki Kishikawa, Haruo Ezaki, and Heikyu Hai. "Limit of short-time hemodialysis." Journal of Japanese Society for Dialysis Therapy 19, no. 12 (1986): 1159–61. http://dx.doi.org/10.4009/jsdt1985.19.1159.
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JACK NG, Y., and H. VAN DAM. "LIMIT TO SPACE-TIME MEASUREMENT." Modern Physics Letters A 09, no. 04 (February 10, 1994): 335–40. http://dx.doi.org/10.1142/s0217732394000356.
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Applying simultaneously the principles of quantum mechanics and general relativity we find an intrinsic limitation to quantum measurements of space-time distances. The intrinsic uncertainty of a length is shown to be proportional to the one third power of the length itself. This uncertainty in space-time measurements implies an intrinsic uncertainty of the space-time metric and yields quantum decoherence for particles heavier than the Planck mass.
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Adah Agana, Moses, and Ruth Wario. "A Multi-level Evidence-based Cyber Crime Prosecution Information System." International Journal of Engineering & Technology 7, no. 3.19 (September 7, 2018): 39. http://dx.doi.org/10.14419/ijet.v7i3.19.16985.
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This research work was designed to utilize multi-level cyber crime detection and control system to provide enhanced real-time evidence to cyber crime investigators to aid them in prosecuting cyber criminals. The design was based on a robust system combining user-identity, device identity, geographical location and user activities to provide evidences to uniquely identify a cyber user and detect crimes committed. The system captures the user’s facial image and biometric finger print as mandatory login parameters in addition to username and password before granting access. The system was tested and implemented in a real time cyber security website www.ganamos.org. The results showed that it is possible to divulge the identity of cyber users and associate their activities with the devices they use, the date, time and location of operation. These can provide real-time evidences to law enforcement agencies to track down and prosecute cyber criminals.
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Baer, Erica, Refael Olivares, Johnny McGaha, and Tama Koss Caldarone. "A Model of Multi-Disciplinary Collaboration in Regional Anti-Slavery Efforts." Slavery Today Journal 2, no. 2 (December 2015): 48–63. http://dx.doi.org/10.22150/stj/glin3421.
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The hidden nature of the horrendous crime of trafficking in persons makes it difficult to accurately determine the extent of the problem, both nationally and locally. Additionally, the complexities, time consuming investigations, resource and jurisdictional challenges, issues with traumatized victims who are often reluctant to identify, and/or testify against the traffickers, all result in low levels of prosecution. Any successful outcome of these difficult cases mandates the strong communication and collaboration of all agencies involved, including law enforcement, prosecution, and a variety of victim’s services. This paper presents one relatively successful task force model.
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Meron, Theodor. "Reflections on the Prosecution of War Crimes by International Tribunals." American Journal of International Law 100, no. 3 (July 2006): 551–79. http://dx.doi.org/10.1017/s0002930000031055.
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Just over sixty years ago, the international community, seeking to heal the wounds of a brutal war, embarked on a bold legal experiment. For the first time in history, legal mechanisms were invoked to bring to justice the perpetrators of war crimes and crimes against humanity in international tribunals specifically established for that purpose. The trials at Nuremberg and Tokyo were extraordinary and risky; and, above all, unique in their time.
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Mozin, Nopiana. "PERAN KEJAKSAAN DALAM TAHAP PENUNTUTAN TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA” (Studi Kasus Kejaksaaan Negeri Gorontalo)." JURNAL SOSIAL EKONOMI DAN HUMANIORA 5, no. 2 (December 30, 2019): 251–61. http://dx.doi.org/10.29303/jseh.v5i2.66.
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Public attorney is a governmental agency performing a state power of prosecution and its duties and responsibilities are regulated by Article 30 of Act No. 16 of 2004 about Attorney of Indonesian Republic. In this matter, a child who committed a crime, although qualitatively and quantitatively he or she might commit law breaking just like an adult, but he or she would not be handled like an adult. Attorney as an authoritative agency in prosecution is expected to make indictment that can give repent effect to the defendant and in the same time, it fulfill his or her rights. Problem statements of the research is to know what is profile of ordinance regulating position and role of public attorney in prosecution stage to a child who had committed a crime. Results of the research indicated that synchronous correlation between act and its application in Public Attorney of Gorontalo Regency. The Public Attorney performed its role according to the act
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Wilson, Simon, Kevin Murray, Mike Harris, and Michael Brown. "Psychiatric in-patients, violence and the criminal justice system." Psychiatrist 36, no. 2 (February 2012): 41–44. http://dx.doi.org/10.1192/pb.bp.111.034876.
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SummaryThere is ambivalence about prosecuting psychiatric in-patients for violent offences. This ambivalence is reflected in the Memorandum of Understanding that exists between the Crown Prosecution Service and the NHS Security Management Service. This has led to an unwelcome change in practice when the police ask for information from an individual's consultant psychiatrist, the police requesting information about the individual's cognitive abilities at the time of the alleged offence and using this to make decisions about prosecution. However, there is also guidance on this area from other sources. We describe this and make further suggestions for dealing with these requests.