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Journal articles on the topic 'Victim, institutions, guarantee of fair trial'

Author: Grafiati

Published: 24 April 2022

Last updated: 30 July 2025

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1

Bayramov, Farman J., and Yulia A. Golovacheva. "Protection of the Rights and Legitimate Interests of Participants in Criminal Proceedings." Russian Journal of Legal Studies (Moscow) 10, no. 4 (2024): 125–29. http://dx.doi.org/10.17816/rjls537793.

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This scientific article focuses on the problem of protecting the rights and legitimate interests of participants in criminal proceedings, the role of the institutions in protecting the legitimate interests of participants in criminal proceedings, and the present stage of the development of law. The study analyzed relevant domestic and international legal acts. The authors investigated the role and importance of the protection of rights in the framework of the criminal process and explored the mechanisms used to ensure a fair trial. The article emphasizes the importance of protecting the rights

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2

Laffranque, Julia. "The Ombudsman in the Eyes of the European Court of Human Rights." Juridica International 29 (December 31, 2020): 95–107. http://dx.doi.org/10.12697/ji.2020.29.09.

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While the work of an Ombudsman (whether a national or the European Ombudsman) and the European Court of Human Rights might seem relatively different, the rule of law, democracy, transparency and access to documents, issues such as migration, and many more fundamental rights-related topics are at the focus of both institutions. The common goal for both, Ombudsmen in Europe and the Court, is to guarantee flawless protection of human rights. The article, via a thus-far unique closer look at the ECtHR case law related to Ombudsmen with regard to institutional, procedural, and substantial issues, e

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3

Derc, Ewa. "RIGHT TO A FAIR TRIAL: SEEKING THE IMPLEMENTATION OF THE RIGHT TO A FAIR TRIAL IN THE RESOLUTION PROCESS." Roczniki Administracji i Prawa 1, no. XXI (2021): 243–56. http://dx.doi.org/10.5604/01.3001.0015.2572.

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The purpose of this publication is to bring the constitutional right to court, the concept of resolution as a response to crises in financial systems and the existence of a right to court in national legislation on the Bank Guarantee Fund, deposit guarantee scheme and forced restructuring. The article questions the correctness of the implementation of Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014. establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/ EEC and Directives 2001

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4

Dosmogombetova, Vera, Nurgul Seilbekova, Saltanat Abisheva, Aidos Yeskendirov, and Andrey Brylevsky. "The victim as a prosecuting party: Their rights and procedural safeguards." Scientific Herald of Uzhhorod University Series Physics, no. 55 (January 31, 2024): 79–89. http://dx.doi.org/10.54919/physics/55.2024.7pgh9.

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Relevance. The relevance of exploring the status of the victim as a party to the prosecution is conditioned upon the undoubted advantages of the institution of private prosecution and the shortcomings of its regulatory enshrining in the national legislation. Despite the conventional role of victims as witnesses for the prosecution, victims have a list of procedural rights and freedoms designed to facilitate their full participation in the judicial process, including criminal prosecutions. Purpose. The purpose of this research is to analyze the procedural position of the victim as a subject of

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5

Nalesti Dewi, Yustina Trihoni. "Hak Konstitusional Korban atas Pengadilan HAM yang Kompeten, Independen, dan Imparsial." Jurnal Konstitusi 11, no. 2 (2016): 256. http://dx.doi.org/10.31078/jk1123.

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Court of Human Rights, guarantee a fair trial for the sake of protecting human and human dignity must be realized in line with the principles of the Indonesian nation berketuhanan and equitable. The establishment of a Human Rights Court will be the initial parameters that indicate to what extent the seriousness of the Government of the Republic of Indonesia to protect and promote human rights as mandated by the Pancasila as Cita Law (Rechtsidee). Court of Human Rights also be a stepping stone towards the reform of the legal system in Indonesia. Guarantees the right to a fair trial under Articl

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Konradi, Amanda. "Can Justice Be Served on Campus?" Humanity & Society 41, no. 3 (2016): 373–404. http://dx.doi.org/10.1177/0160597616651657.

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Campus disciplinary systems are positioned to provide a modicum of justice for victims of sexual violence and deter predatory assaults. Yet, this will occur only if victims find them worthy of use and the broader campus community believes them to be fair to accused and accusing students. This investigation reviews the legal status of various due process and victim protection practices and determines their presence in the student disciplinary policies of four-year residential colleges and universities in Maryland. Findings establish that compliance with the Clery Act is relatively high, while d

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Klyuchnikov, A. Yu. "On Sex Offender Registry." Lex Russica 73, no. 3 (2020): 140–50. http://dx.doi.org/10.17803/1729-5920.2020.160.3.140-150.

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The paper examines the experience of the United States of America in recording and classifying convicted sexual offenders. The Federal register is a comprehensive criminal and administrative law tool for crime prevention. It has its origins in similar state registers. The author examines the principles of maintaining the register, the grounds for inclusion in the register and exclusion from it, the volume of data to be published, the frequency of data updates, and conducts a criminological characterization of the Institute. The paper analyzes the case law of the Supreme courts of the United St

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8

Syza, N., and I. Syzyi. "Implementation of the competitiveness of the parties during the trial in the criminal proceedings of Ukraine." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 2(46) (December 14, 2020): 70–76. http://dx.doi.org/10.20535/2308-5053.2020.2(46).226882.

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The article reveals the essence of the principle of adversarial proceedings of the parties and the peculiarities of its implementation during the trial in the criminal proceedings of Ukraine. The theoretical views of scientists, which determine the essence of adversarial proceedings and the role of the court in criminal proceedings, are considered. Through the prism of the parties' adversarial proceedings, the norms of the Criminal Procedure Code of Ukraine (CPC) are analyzed, which determine the general procedure of court proceedings, as well as the procedural form of individual court actions

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9

Kim, Byung-Soo. "Protection of Child Victims of Sexual Violence and Guarantee of the Right to Cross-examination of the Accused through Video trial: Constitutional Court 2021.12.23., 2018Heonba 524 decision." Korean Association of Criminal Procedure Law 14, no. 2 (2022): 255–86. http://dx.doi.org/10.34222/kdps.2022.14.2.255.

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In the case of sexual violence crimes stipulated in the 'Sexual Violence Punishment Act', in the case of a victim under the age of 19 recorded in a video, when the authenticity of the establishment is recognized by a court statement of a trusted person or a person who was a witness during the investigation process. It is related to the special provision that limits the defendant's right to cross-examine the original affidavit by stipulating that evidence can be recognized even in the present case. According to the Constitutional Court, preventing secondary harm to minor victims is an important

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10

Elaabd, Adil Ben Ali. "Supervisory Powers of the Sentence Enforcement Judge in Morocco." Arab German Journal of Sharia and Law Sciences 1, no. 1 (2022): 01–28. http://dx.doi.org/10.51344/agjslsv1i11.

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The stage of penal execution occupies a special place in criminal cases, as the intervention of the judiciary is no longer limited to merely pronouncing the verdict and deciding the appropriate penalty. Rather, it has extended to the stage of punitive execution, by involving the judiciary in supervising the implementation of criminal penalties. This is to guarantee the rights of the prisoner and to prevent tyranny from the administration and its dominance over the implementation stage (Prisons Law Regulating 2398 and Implementing decree), in order to achieve the social goals of punitive treatm

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11

Bara, Jonad, and Brunilda Bara. "Trial Within a Reasonable Time and the Impact of Justice Reform in Albania." ICL Journal 14, no. 2 (2020): 211–30. http://dx.doi.org/10.1515/icl-2019-0053.

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AbstractSince becoming a potential candidate country for the EU accession in 2000 and in particular after being granted candidate status in June 2014, Albania has taken many positive steps to meet the necessary standards for its EU integration, through among other things, strengthening democracy and the rule of law and the harmonization of its national legislation with the acquis communautaire. In 2016, as part of the pre-conditions for the opening of the accession negotiations for the country, the Albanian Parliament passed a major justice reform which brought about many constitutional and le

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12

Kubarev, Ivan, and Serhiy Barhan. "VICTIM'S CONSENT TO CONCLUSION OF A PLEA AGREEMENT IN CRIMINAL PROCEEDINGS." Law Journal of Donbass 73, no. 4 (2020): 125–33. http://dx.doi.org/10.32366/2523-4269-2020-73-4-125-133.

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The purpose of the study is to determine the role of the consent of the victim in concluding a plea agreement between the prosecutor and the suspect (accused), as well as the specifics of the practical implementation of this aspect of criminal procedural compromise. The state acts as a guarantor of the private interests of every citizen, as well as protects the fundamental and publicly important interests that are designed to ensure the normal existence and development of society, seeks to reduce public resonance and negative impact of particularly serious crimes to restore the reliability and

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13

Kim, Jong Goo. "The Right to Cross-Examination and the Admissibility of Video Statements of the Child Victims of Sexual Violence." National Public Law Review 18, no. 3 (2022): 157–88. http://dx.doi.org/10.46751/nplak.2022.18.3.157.

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The Constitutional Court of Korea decided that the provision of the Sexual Violence Punishment Act that allows the use of video statements of victims of child sexual violence as evidence without cross-examination is unconstitutional in the 2021 decision. The Constitutional Court held that the right to cross-examination was the core of the right to a fair trial. According to the judgment of the Constitutional Court, it was determined that the provisions the Sexual Violence Punishment Act did not guarantee the defendant's right to cross-examination, and consequently violated the defendant's righ

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14

Park, Hyungkwan. "The Principle of the Judge immobility and Public Trial Base Principle." Korean Association of Criminal Procedure Law 15, no. 4 (2023): 97–129. http://dx.doi.org/10.34222/kdps.2023.15.4.97.

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Under the Korean Supreme Court Personnel Order, a regular transfer of judges to different jurisdictions is effected at preset terms. This practice is highly unusual and although the practice was undoubtedly a measure in securing a more sound legal system, troubling side effects have occurred. Two prominent examples include the undermining of the right of a citizen's right to a speedy trial and a weakening of the public trial principle. Changing judges during a trial is akin to changing an umpire during a sporting event. The practice is not only inefficient but places an unfair burden on

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15

Gontarenko, Vyacheslav. "Legislative Regulation Issues of Forensic Examinations Appointed While Domestic Violence Investigation." Theory and Practice of Forensic Science and Criminalistics 31, no. 2 (2023): 136–48. http://dx.doi.org/10.32353/khrife.2.2023.08.

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Certain aspects of regulating forensic examination appointment while pre-trial investigation of criminal offenses related to domestic violence have been studied. On the basis of general scientific and special methods which are built on the theory of cognition of socio-legal phenomena, a thorough analysis of criminal procedural legislation and legal regulations of Ukraine and foreign countries, as well as of opinions of leading domestic researchers on this issue, has been performed. In criminal proceedings involving domestic violence, the issue of timely appointment and conducting of forensic e

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16

., Herman, Fajar Ari Sudewo, and Sanusi . "Advocacy Problems In Virtual Criminal Trials." Journal of Legal Subjects, no. 21 (January 22, 2022): 1–10. http://dx.doi.org/10.55529/jls21.1.10.

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The Coronavirus Disease (Covid-19) pandemic has caused criminal case trials to be held virtually. There are objections from advocates regarding the virtual trial of criminal cases. Advocates also question the guarantee of the fulfillment of the right to a fair trial. The purpose of this study was to determine and examine the implementation of advocacy for defendants by advocates in virtual criminal case trials and the obstacles faced about the implementation of advocacy for defendants by advocates in virtual criminal case trials. The approach used in this research is the legal approach. This r

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17

Tabasum, Edrees. "(بررسی اصول حاکم بر محاکمات جزایی و نحوۀ رسیدگی به دعاوی در عصر پیامبر اسلام (ص". Taj Academic and Research Journal 1, № 1 (2024): 43–58. https://doi.org/10.5281/zenodo.13234759.

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Implementing the judicial justice and redress through legal and judicial institutions in all  eras and throughout Islamic societies depend on a precise understanding of the principles  governing fair trial, which were evident in the judicial procedures of the Prophet (PBUH). This research, using the descriptive method based on library research, from one side,  delineates the fundamental principles of criminal procedure in the era of the Prophet  (PBUH), and on the other hand, studies the proving evidence and mechanisms used by the  Prophet (PBUH) during criminal lawsui

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18

Stawarska-Rippel, Anna. "Proces cywilny w „nowym wydaniu”: prawno-historycznych uwag kilka w związku z nowelizacją kodeksu postępowania cywilnego (z dnia 4 lipca 2019 r.) i komentarzami doktryny." Miscellanea Historico-Iuridica 21, no. 2 (2022): 379–96. http://dx.doi.org/10.15290/mhi.2022.21.02.17.

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The article aims to formulate a legal-historical voice in the discussion about the amendment of the code of civil procedure (4 July 2019) and comments on the doctrine. Regulations introduced to the code on 4 July 2019 were under comprehensive discussion also in the interwar period. The pioneering concepts developed at that time concerned primarily: an obligatory reply to the statement of claim and preparatory proceedings, an obligation to tell the truth, the discretionary power of a judge, and abuse of the procedural rights clause. These original regulations were removed from the first Polish

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19

Гальона, І. І. "WAYS TO IMPROVE LEGAL STANDARDS TO COUNTER TRAFFICKING IN HUMAN BEINGS." Juridical science, no. 1(103) (February 19, 2020): 265–76. http://dx.doi.org/10.32844/2222-5374-2020-103-1.32.

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The relevance of the article is that the construction of a democratic legal system of Ukraine primarily involves reforming existing legislation, which would really guarantee the inviolability of rights, freedoms and legitimate interests of society and citizens from unlawful encroachments. Implementation of these tasks by law enforcement agencies, which are obliged to use available forces, means and take effective measures to combat human trafficking. The effectiveness of such measures largely depends on the professional knowledge and skills of investigators and operatives who conduct operation

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20

Kilina, I. V., and N. M. Kipnis. "The Procedure and Limits of Reimbursement of the Amounts Paid for Professional Legal Assistance in Criminal Proceedings." Вестник Пермского университета. Юридические науки, no. 3(65) (2024): 471–93. http://dx.doi.org/10.17072/1995-4190-2024-65-471-493.

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Introduction: the constitutional right of citizens to receive professional legal assistance can be secured if there is an effective and affordable mechanism for reimbursing expenses related to legal assistance from an attorney. The insufficient scientific research on the topic as well as not always effective reforms of the institutions of reimbursing expenses for the attorney’s assistance to rehabilitated persons and to victims, the collection from the convict of procedural costs related to the renumeration of the appointed attorney, result in judicial errors when resolving issues of reimburse

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21

Bodansky, Daniel, and Klaus Ferdinand Gärditz. "Case Nos. 2 BvR 2115/01, 2 BvR 2132/01, & 2 BvR 348/03.60 Neue Juristische Wochenschrift 499 (2007)." American Journal of International Law 101, no. 3 (2007): 627–35. http://dx.doi.org/10.1017/s0002930000029845.

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Case Nos.2 BvR 2115/01, 2 BvR 2132/01, & 2 BvR 348/03.60 Neue Juristische Wochenschrift 499 (2007). At <http://www.bundesverfassungsgericht.de>.Bundesverfassungsgericht (Federal Constitutional Court of Germany), September 19, 2006.On September 19, 2006, the Federal Constitutional Court of Germany (Bundesverfassungsgericht) held in jointly decided Case Nos. 2 BvR 2115/01, 2 BvR 2132/01, & 2 BvR 348/03 that a failure to provide consular information to foreign nationals pursuant to Article 36 of the Vienna Convention on Consular Relations (VCCR) violates the guarantee of a fair tria

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22

Sopianenko, O. "Prerequisites for the formation of the concept of the rule of law in civil proceedings: historical and legal context." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 164–72. http://dx.doi.org/10.24144/2307-3322.2021.69.28.

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The article considers the historical preconditions for the formation and development of the concept of the rule of law in civil proceedings. It is determined that the implementation of civil procedural activities is due to the special importance of the right to a fair trial as an eternal value of any legal and democratic state. However, civil litigation as a system of consideration and resolution of legal disputes in its continuous development has gone from the oldest procedures of protection of law, repeated attempts to regulate certain rules of litigation to large-scale codifications of legi

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23

Salenko, Alexander. "Dissenting opinions on the freedom of peaceful assembly." Sravnitel noe konstitucionnoe obozrenie 30, no. 3 (2021): 17–38. http://dx.doi.org/10.21128/1812-7126-2021-3-17-38.

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The main purpose of the article is to analyze the content of dissenting opinions of the judges of the Constitutional Court of Russia regarding the implementation of freedom of peaceful assembly. The author concluded that in 2009–2020, there were three judgements (postanovlenie) and one decision (opredelenie) by the Constitutional Court of Russia (hereinafter also referred to as the CCR) that were accompanied by dissenting opinions of CCR judges. In 2013, one single judgment of the CCR was accompanied by three dissenting opinions. This research analyzes the six dissenting opinions of the judges

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24

Ortynskyi, Volodymyr. "Regarding compliance with national standards for ensuring individual rights to protection in accordance with international standards." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 11, no. 41 (2024): 1–7. http://dx.doi.org/10.23939/law2024.41.001.

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The issue of compliance with national standards ensuring an individual’s right to protection in accordance with international standards has been considered. It is noted that one of the primary tasks of modern international law is to ensure international protection of human rights and establish norms regulating relations between states and other subjects of international law. These norms aim to guarantee the rights and freedoms of individuals as provided by international agreements. Emphasizing that the process of establishing international legal standards for human rights protection is inevita

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25

Orlovskiy, O. Y., and S. V. Halkevych. "Modern model of resolving disputes in the field of social protection." Uzhhorod National University Herald. Series: Law 2, no. 84 (2024): 106–12. http://dx.doi.org/10.24144/2307-3322.2024.84.2.13.

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The article under studies analyzes the legal nature of disputes in the field of social protection, as well as outlines their peculiarities and mechanisms of resolution. It points out that the modernization of the system of social security is indispensably related to the modernization of the model of protection of the right to social security. Particular emphasis has been laid on an increase in the proportion of disputes regarding the protection of social human rights, which has been stipulated by a number of objective factors. There is an urgent need for effective protection of the right to so

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26

Subašić Galijatović, Sabina. "Procesuiranje ratnih zločina pred nacionalnim sudovima u regionu – Između međunarodnih obaveza i real politike." Historijski pogledi 6, no. 9 (2023): 291–311. http://dx.doi.org/10.52259/historijskipogledi.2023.6.9.291.

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The fight against impunity for war crimes is one of the basic principles of international law. The criminal prosecution of the perpetrators of these crimes stems from international obligations that states have for the purpose of establishing facts and truth as the basis for establishing the rule of law. The right to the truth as a basic guarantee against repetition, the obligation to prosecute serious crimes under international law and the right to a fair trial, the right to effective legal remedies and reparations, and the obligation to remember and memorialize, are obligations prescribed to

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27

Valbona, Treska, and Shkembi Fleura. "The Role of the Psychologist in the Context of Criminal Assessments and Delinquent Behavior." Beder Journal of Educational Sciences Volume 26, no. 2 (2023): 51. https://doi.org/10.5281/zenodo.8069993.

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<strong>Abstract</strong> The paper emphasizes the importance of understanding the psychological characteristics and personal attributes that contribute to criminal behavior. It explores various psychological and psycho-social theories that explain delinquent conduct and highlights the role of psychologists in assessing individuals involved in criminal cases. The methodology of the paper involves a comprehensive analysis of existing literature, integrating quantitative and qualitative techniques to gain insights into the psychological profiles of individuals engaged in criminal behavior. The p

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28

Bledar, Abdurrahmani. "Compensation of Political Convicts in Albania as a Challenge to the Rule of Law and Human Rights." Beder Journal of Educational Sciences Volume 26(2) (June 21, 2023): 124–56. https://doi.org/10.5281/zenodo.8064626.

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  <strong>Abstract</strong> The change in the political and legal system in Albania gave birth to great hope, not only for the triumph of dignity but also for the correction of injustices towards former political prisoners. In Albania, from 1991 to 2008, a series of legal measures addressed the issue of former political prisoners. Their purpose was not only to legally consider punishment for crimes of a political nature as unjust but also to award compensation. But, in the span of 17 years, they remained a formal statement on paper, an inadequate legal solution that in very few cases beca

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Bledar, Abdurrahmani. "Compensation of Political Convicts in Albania as a Challenge to the Rule of Law and Human Rights." Beder Journal of Educational Sciences Volume 26, no. 2 (2023): 126. https://doi.org/10.5281/zenodo.8070078.

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<strong>Abstract</strong> The change in the political and legal system in Albania gave birth to great hope, not only for the triumph of dignity but also for the correction of injustices towards former political prisoners. In Albania, from 1991 to 2008, a series of legal measures addressed the issue of former political prisoners. Their purpose was not only to legally consider punishment for crimes of a political nature as unjust but also to award compensation. But, in the span of 17 years, they remained a formal statement on paper, an inadequate legal solution that in very few cases became effe

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30

"The Admissibility of Child Crime Victim Testimony and the Constitutional Right to Cross-Examination : A Comparative Study of U.S. Court Cases." National Public Law Review 20, no. 3 (2024): 237–61. http://dx.doi.org/10.46751/nplak.2024.20.3.237.

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The defendant's right to cross-examine witnesses is established as a constitutional right under the Confrontation Clause of the Sixth Amendment to the U.S. Constitution. Our criminal procedure law also provides for the right to cross-examine, and the Constitutional Court has determined that this right forms a core part of the constitutional right to a fair trial. However, when the victim of a crime is a child, the issue arises of how to ensure the defendant's right to cross-examination in such cases. This presents a conflict between guaranteeing the defendant's right to cross-examine and prote

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Králová, Kateřina, and Katerina Lagos. "Nazi Crimes, Max Merten and his Prosecution as Reflected in Greece and beyond." Journal of Modern European History, April 13, 2024. http://dx.doi.org/10.1177/16118944241241441.

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The prosecution of Max Merten (1911–1971), the only Nazi war criminal accused of Holocaust involvement in Greece, coincided not only with the start of the Greek-German negotiations on victim compensation but also with the Eichmann trial. In 1959, the Merten Case provoked a massive public backlash, both because of the gravity of his crimes and because of his impending extradition to West Germany. We argue that in the Cold War atmosphere, when the Merten Case attracted international attention, the actions of internal and external power elites in the West deliberately departed from the concept of

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., Herman, Fajar Ari Sudewo, and Sanusi . "Advocacy Problems In Virtual Criminal Trials." Journal of Legal Subjects, January 22, 2022, 1–10. http://dx.doi.org/10.55529/jls.21.1.10.

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The Coronavirus Disease (Covid-19) pandemic has caused criminal case trials to be held virtually. There are objections from advocates regarding the virtual trial of criminal cases. Advocates also question the guarantee of the fulfillment of the right to a fair trial. The purpose of this study was to determine and examine the implementation of advocacy for defendants by advocates in virtual criminal case trials and the obstacles faced about the implementation of advocacy for defendants by advocates in virtual criminal case trials. The approach used in this research is the legal approach. This r

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33

"SPECIFIC FEATURES OF THE RENEWAL OF PROCESS IN CIVIL AND ADMINISTRATIVE PROCEEDINGS." Journal of Management 41, no. 1 (2025). https://doi.org/10.38104/vadyba.2025.1.01.

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Court decisions are acts of justice and protection of human rights, which, once they have entered into force, must be complied with by all persons, institutions, organizations and public authorities. However, in order to maximize the protection of personal rights and minimize possible errors in court procedural decisions, the legislation regulating court proceedings provides for a number of forms of verification of the legality and reasonableness of court procedural decisions. In applying the renewal of process, as an exceptional stage of court proceedings, it is important to ensure the protec

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Md., Shadat Hossen, and Rahman Atiqur. "Legal and Institutional Mechanism of Transparency: Bangladesh Perspective." September 20, 2019. https://doi.org/10.5281/zenodo.3451502.

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<strong>Transparency</strong> Transparency means the continuous sharing of information, decision making, and implementation should be open. It is not sufficient that should simply be made available. It must also be reliable and presented in useful and understandable ways in order to facilitate accountability.[1]Information should be accessible in that every citizen can participate in the debates. Such information helps to ensure a level playing field and encourage the effective participation of all social groups and partnership between different sectors. Transparency makes the institution and

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