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Letteratura scientifica selezionata sul tema "Criminal proceedings"

Autore: Grafiati

Pubblicato: 4 giugno 2021

Ultima modifica: 7 luglio 2024

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Articoli di riviste sul tema "Criminal proceedings"

Klimek, Libor. "Recodification of Slovak Criminal Proceedings: Early Ideas, Concrete Steps and Its Subsequent Application". AUC IURIDICA 69, n. 3 (15 settembre 2023): 49–58. http://dx.doi.org/10.14712/23366478.2023.26.

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The article deals with recodification of Slovak criminal proceedings. It is divided into three sections. The first section is focused on the early idea of recodification of Slovak national criminal law and the introduction of innovations of national criminal proceedings. While the second section is focused on adoption of new Criminal Proceeding Code No. 301/2005 Zb. and understanding of “redesigned” criminal proceedings, the third section is focused on necessary improvement of criminal proceedings in the light of the electronic monitoring of persons.

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Baumanis, Jānis. "COMPLETION OF CRIMINAL PROCEEDINGS AGAINST SEVERAL PERSONS IN A REASONABLE TERM". Administrative and Criminal Justice 2, n. 71 (30 giugno 2015): 10. http://dx.doi.org/10.17770/acj.v2i71.4336.

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The author in his article analyses person’s rights to finalization of criminal proceedings within a reasonable period of time in case of criminal proceedings against several persons. In analysis the author provides an overview of legislation, regarding finalization of criminal proceedings within a reasonable period of time, reflects conclusions made, regarding the initial and final point of criminal proceedings within a reasonable period of time, provides a description of judicature, regarding finalization of criminal proceedings against several persons and points to the problems related to finalization of criminal proceedings against several persons within a reasonable period of time. In the end author concludes that as soon as there are few persons involved in criminal proceeding, who have right to defense, the provisions of Law on Criminal Proceedings become ineffective and constitute a menace to person’s rights to finalization of criminal proceedings within a reasonable period of time.

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Harskyi, Oleksandr, e Svitlana Didyk. "ANTI-PATTERNS IN CRIMINAL PROCEEDING: DOES JUDICIAL PROCEEDING IN CRIMINAL PROCEEDINGS NEED A STAGE «PREPARATORY PROCEEDING»". Slovo of the National School of Judges of Ukraine, n. 1-2(38-39) (21 novembre 2022): 241–61. http://dx.doi.org/10.37566/2707-6849-2022-1-2(38-39)-22.

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«Preparatory proceeding» as a stage of judicial proceeding, must reflect their role, which cannot be an imposition on the overall judicial proceeding. Each stage of the process has its own tasks and goals. It is impossible to identify the stages of the process, as their semantic load is different and aimed at achieving a different goal. Obviously, all of the court’s preparatory actions must be aimed at organizing future trial. The rights of the parties and participants of criminal proceedings must be taken into account, who could file their petitions and statements before the beginning of the trial, regarding the measures to ensure the criminal process, provision of evidence and notification of the line of defense and prosecution in the trial. Such actions can obviously be accomplished without any separate stages of proceeding, since most court cases do not need the separate attention of the court to achieve the purposes of organizing the trial. In its current legislative meaning, «Preparatory proceeding» accordingly is an obvious anti-pattern of the criminal process, because it has lost all its necessary elements and procedures, which should have contributed to the proceeding. The mechanical administration of justice at this stage of the process merely fulfills a procedural rite of passage. In fact, this stage of the process has become a rudiment that delays criminal proceedings. In the article the author proposes eliminating such stage of the trial as «Preparatory proceeding» or transforming it into an optional stage (at the discretion of the court) to provide judicial proceedings with more effective means. Additionally European legislation, in which even if the stage of proceedings such as «Preparatory proceeding» is inherent, is also being analyzed, it is effective and necessary only where it is seen by the judge as reasonable. It is common sense and reasonable independence in decision-making that Ukrainian criminal procedure lacks. The implementation of such innovations is bound to affect both the efficiency of the court proceedings and to improve the procedure of the court proceedings itself. In addition, such changes will not affect the scope of rights of the parties to criminal proceedings; on the contrary, the parties to criminal proceedings and its participants may exercise their rights regarding the organization of the process and its course either in a free form before or at the first court hearing, by filing petitions, applications and relevant evidence or at the first court session. It is possible to create normative mechanisms based on the example of the European legislation, which would allow the presiding judge at his discretion, depending on the circumstances of criminal proceedings, to conduct preparatory proceedings or immediately move to the stage of trial. Key words: criminal procedure, criminal proceeding, preparatory proceeding, judicial proceeding, effective judicial proceeding, anti-pattern.

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Aragea, Cosmina Claudia. "Criminal proceedings". Eximia 12 (30 settembre 2023): 203–19. http://dx.doi.org/10.47577/eximia.v12i1.355.

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Offences that break the rules in the area of criminal law will lead to conflicts in criminal law, and to this end, the judiciary must resolve criminal proceedings. Criminal conduct can be reviewed and analysed from the perspective of substantive, substantive law, procedural law and formal law. With the adoption and promulgation of criminal law, a criminal legal relationship was formed. Defending social values and imposing certain behaviors, on the other hand are individuals. Laws or laws covered by the provisions of the Criminal Code. The state has the right to prosecute without observing the rules of criminal law, which is an important part of criminal proceedings. When committing a crime, the judicial department exercises its right to defend social values by promoting criminal behavior, so virtual laws have been substantially transformed and are becoming active, and criminal proceedings have begun to restore law and order. Criminal procedure is a right, from a procedural perspective, it is an abstraction and it is a lever to exercise this right. In criminal law governing criminal acts, the prosecution of conflicts caused by violations of criminal law is implicitly institutionalized to prosecute those who commit such acts. Criminal disputes, as a legal means of transmitting conflict reports to court, already exist in the legal norms of criminal law, but have become a specific means and can be used. The consequence of committing an unlawful act is the use (exercise) of the act. Until the moment when the illegal act is committed, the act conferred by the legal norms practically exists as a legal power of creation. From that moment on, the act can be exercised, that is, a power with real effect.

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Tahiiev, S. R., e A. A. Borysenko. "Evolution of the preparatory judicial proceedings in the criminal procedural legislation". Scientific Herald of Sivershchyna. Series: Law 2021, n. 3 (15 dicembre 2021): 101–14. http://dx.doi.org/10.32755/sjlaw.2021.03.101.

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The article deals with the genesis of the preparatory judicial proceedings phases in the criminal procedural legislation. The stages, that took place at different period throughout the history of national criminal trail development are characterized. The article aims at investigating the specific features of every stage of the preparatory judicial proceedings. Special focus is placed on revealing the essence and purpose of the preparatory judicial proceedings phase. The paper provides an overview of the Criminal Legislation Statute that caused the reform in the judicial system in 1864; the Code of Criminal Procedure dated 1922, 1927 that resulted in transformation of the pre-trail stage; the Criminal Procedural Code of Ukraine dated 1960, 2012. The key tasks to be solved at every stage of preparatory judicial proceeding are also outlined. The essence of the stage of preparatory proceedings according to current Criminal Procedural Code is considered. As the probation agency was included to the parts of the court proceedings, its role in terms of investigating for the court and writing pre-sentence reports (also known as probation reports, the main aim of which is to give information characterizing an offender) at the stage of preparatory judicial proceedings is also highlighted in the paper. The article also covers main objectives of the court at the preparatory stage; as well as measures to ensure criminal proceedings that may be used at the stage of pre-trail investigation in order to achieve the effectiveness of criminal proceedings. From the analysis made, it can be affirmed that preparatory judicial proceedings are constantly changing; and its main task is to create prerequisite for resolving criminal proceeding in a legal, fair and efficient manner at the stage of pre-trail hearing. Key words: stages of preparatory judicial proceedings, pre-trail proceedings, evolution, statutory regulation.

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Cvorovic, Zoran. "Contemporary reform of the criminal proceedings in the Republic of Serbia: Legal history view". Zbornik Matice srpske za drustvene nauke, n. 154 (2016): 19–36. http://dx.doi.org/10.2298/zmsdn1654019c.

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This article aims to review some solutions in the Criminal Procedure Code (CPC) from 2011, which represents breaking with former Serbian and Yugoslav tradition in criminal proceedings. These are, primarily, novelties related to opportunism in prosecution, plea bargaining and presentation of evidence by parties that all devalue principles of material truth determination in proceedings. This work establishes connection between the aforementioned solutions of Serbian legislator and the development of continental European criminal proceeding over centuries. Comparative historical legal analysis of these norms in the Serbian CPC begins with the key turning point in the development of the continental European criminal proceedings - suppression of the adversarial system by the inquisitorial proceedings in the XVI and XVII centuries. As this change has been closely related to the transition of, up to then, dominant type of states (feudal mosaic states to absolute monarchies), these modern changes in criminal proceedings are analyzed not only from the point of view of criminal procedure evolution, but also from the point of view of the evolution of states. In England, country of origin of Anglo-Saxon civilization, the old adversarial system was not transformed into inquisitorial, contrary to the development of the continental criminal proceedings. This transformation was prevented by Puritan revolution, similarly as it prevented the transformation of English state into absolute monarchy. Continental and Anglo-Saxon criminal proceedings have developed as two completely separate systems since then. This article further elaborates some of the key criminal law traditions in continental criminal proceedings and substantive criminal law which resulted from the introduction of the inquisitorial proceedings: development of complicity and guilt as institutes, final suppression of self-representation, incrimination of false testimony and perjury. These are directly related to the active role assigned to court in inquisitorial proceedings, and to court?s obligation to determine material truth. Changes in the role of court also result from the change of states; while weak feudal states were satisfied with passive courts, powerful absolute monarchies demanded courts with active role in all phases of proceedings. Modern Americanization of some European proceeding regulations, as it is the case in Serbia, brings discontinuation in legal proceeding tradition of these states, but also, necessarily, influences regression into domination of adversarial proceedings character?ized by passive court. In continental tradition it also consequently indicates a weak state.

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Levchuk, V. O. "Differentiation of the criminal procedural form in relation to accomplices of organized forms of complicity in the form of allocation of criminal proceedings in relation to one or more of them." TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, n. 14 (1 settembre 2023): 458–64. http://dx.doi.org/10.33663/2524-017x-2023-14-458-464.

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The article highlights the issue of segregation of criminal proceedings in respect of one or more accomplices to differentiate the criminal procedural form of criminal proceedings in respect of accomplices in organized forms of complicity. In the case of differentiation of the criminal procedural form for a participant in an organized form of complicity by separating criminal proceedings, courts mostly do not have problems in establishing the nature and degree of participation of the member of the organized group in respect of whom the trial is being conducted in the separated criminal proceedings. At the same time, the verdicts do not have any problems with establishing the signs of an organized form of complicity (organized group, criminal organization), of which the perpetrator committed the relevant criminal offense as a member. When considering the materials of the segregated criminal proceedings against one or more accomplices of organized forms of complicity, courts should not, in their verdict, be excluded from deciding the fate of evidence in another criminal proceeding (i.e., the original criminal proceeding from which the materials of the proceedings against the accomplice were segregated), as this may adversely affect their properties. It is recommended that courts in this case indicate in the verdict that the fate of material evidence in the separated criminal proceedings against an accomplice in an organized form of complicity will be decided after consideration of the original criminal proceedings from which the materials were separated during the pre-trial investigation. When distributing procedural costs among participants in organized forms of complicity, courts mostly use various criteria for differentiating the criminal procedural form of such a decision, such as the criteria of personalization, specification, proportionality, and consideration of the type of accomplice. However, there are cases when only the proportionality criterion is used for this purpose. At the same time, the recovery of procedural costs from participants in unorganized forms of complicity (for example, the recovery of procedural costs for conducting an examination of each member of a group of persons by prior conspiracy) is carried out using only one criterion – proportionality. When passing a verdict on an accomplice whose criminal proceedings have been separated into separate proceedings, the court may impose on him/her the obligation to compensate for the damage caused jointly with the previously convicted person who was an accomplice in the jointly committed criminal offense. Key words: differentiation, criminal liability, criminal proceedings, complicity, accomplice, organized form of complicity, criminal procedural form, sentence, court, allocation of criminal proceedings, procedural costs, determining the fate of material evidence, compensation for damage caused by a criminal offense.

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Olefir, L. I., e A. A. Borysenko. "CLASSIFICATION OF STAGES IN JUDICIAL PROCEEDINGS". Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2021, n. 1 (30 agosto 2021): 88–97. http://dx.doi.org/10.32755/sjcriminal.2021.01.088.

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The article highlights the concept and essence of the judicial proceedings stages. The specific features of the proceedings stages in terms of their legal nature, functional purpose and their place in system of criminal proceedings are revealed. The correlative communications with other stages of criminal trial is proved. The article is based on the analysis of scientific sources, domestic legislation, generalization of the practice of applying legal requirements and scientific knowledge. It is found out that all stages of criminal process are considered as interactive and separate parts of criminal procedural activities that can be characterized by certain features of criminal procedural form. It is defined that features of judicial proceedings stages include range of persons, series of procedural activities and procedural decisions. Every stage is separated from one another by the final procedural decisions, which divide the previous stage from the next one, complete implementation of procedural activities specific for earlier stage and afford an opportunity to conduct following procedural activities. The article also provides an overview of the classification of judicial proceedings stages. The analysis of scientific and legal literature reveals that the procedure of bringing a person to criminal responsibility is be considered as a stage of a criminal prosecution instead of a stage of criminal proceedings. Summing up the results, it can be concluded that the system of criminal proceedings passes the following stages 1) pre-trial investigation; 2) preliminary proceeding; 3) judicial proceedings; 4) proceedings in the court of appeal; 5) execution of court decision; 6) proceedings in the court of cassation; 7) proceedings in the Supreme Court; 8) proceedings on newly discovered circumstances. Key words: stages, judicial proceedings, criminal proceedings, classification, procedural activities.

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Vasko, A. "Criminal Intelligence in Criminal Proceedings". Courier of Kutafin Moscow State Law University (MSAL)), n. 1 (7 aprile 2022): 87–95. http://dx.doi.org/10.17803/2311-5998.2022.89.1.087-095.

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The issue of the use of intelligence (or also operational-search) information in criminal proceedings is currently relatively little researched and developed. We think that this is also because intelligence and operational search are associated with secrecy and a certain aura of “mystery” for the general public and, to some extent, for the majority of the professional legal community. The role of the intelligence services in the times of socialist Czechoslovakia also plays a role, and a significant one.Addressing current security challenges associated with manifestations of international terrorism, extremism and organized crime requires the acceptance of new, even non-traditional, approaches by law enforcement agencies. In this paper, we present our opinion regarding the extent of the possible use of intelligence (or operational search) information in criminal proceedings.

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Leng, Roger. "Review: Disclosure in Criminal Proceedings, Disclosure in Criminal Proceedings". International Journal of Evidence & Proof 2, n. 4 (dicembre 1998): 270–72. http://dx.doi.org/10.1177/136571279800200409.

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Più fonti

Tesi sul tema "Criminal proceedings"

Singh, Nerisha. "Electronic evidence in criminal proceedings". Doctoral thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32978.

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The research question central to the thesis is stated as follows: what are the implications of new technological phenomena in South African law to the existing legal frameworks in relation to (i) investigatory powers of law enforcement and security and intelligence agencies to obtain electronic evidence, and (ii) its subsequent admissibility in criminal proceedings? Written with an emphasis on South African law, but also taking into account aspects of foreign and international law, the thesis seeks to investigate how our existing legal frameworks which regulate the use of and access to electronic evidence in criminal proceedings, including its admissibility, integrate and adapt to challenges raised by new and rapidly changing technological developments. The thesis provides a critical analysis of the existing legal framework regulating certain key investigative powers of law enforcement and security and intelligence agencies in the current modern environment of the information age in which they operate. Key among them is the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002. New technology has not only increased opportunities for criminal activity, it has also created opportunities for law enforcement and security and intelligence agencies to have access to more sophisticated and new capabilities. The range of intrusive capabilities now available to law enforcement and security and intelligence agencies triggers a range of issues and challenges for individual rights, including how those capabilities are used in investigation activities, the scale of their use, the extent to which such capabilities intrude on privacy rights, legislative authority for their use and safeguards that constrain and regulate such new technological capabilities. The challenges of regulating investigative powers in an era of new and fastpaced technological developments is explored in relation to (i) interception of communications (ii) acquisition and retention of communications data, and (iii) access to encrypted information. The introduction of electronic evidence in criminal legal proceedings raises unique challenges in the South African law on evidence. The most interesting perhaps is the extent to which the nature of the evidence presented, in this instance electronic evidence, impacts on admissibility in criminal proceedings. Potential anomalies arise as the relevant legislation, the Electronic Communications and Transactions Act 25 of 2002, is based on an electronic commerce model law concerned with commercial activities. In this regard, two separate issues are the focus of research interest. The thesis offers a rethinking of (a) admissibility of electronic evidence and (b) its weight. The meaning and application of certain statutory provisions, insofar as it applies to electronic evidence as hearsay or real evidence, or both, are key and controversial issues. Another relates to the business records exceptions, which directly translated for electronic records appears to have created a problematic presumption. On matters of evidential weight, there is no ‘one-size-fits-all' approach that will work. While a robust consideration of authentication is required in the court's assessment of evidential weight of electronic evidence, it should not be subject to inflexible tests that make it difficult for authentic electronic evidence to be admitted into evidence. A central premise of the thesis is that evolving technological phenomena can and do present challenges to existing legal concepts on evidence and the investigatory powers of law enforcement and the security and intelligence agencies to obtain electronic evidence and for its admissibility in criminal proceedings. This is done in the context of understanding whether South African law has developed appropriately in response to advancements in technology. In the final analysis, the thesis considers appropriate and meaningful reform towards a modern and transparent legal framework in South African law.

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Radosavljevic, Dragana. "International criminal court, surrender of accused persons and transfer of criminal proceedings". Thesis, University of Westminster, 2006. https://westminsterresearch.westminster.ac.uk/item/92714/international-criminal-court-surrender-of-accused-persons-and-transfer-of-criminal-proceedings.

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The present research focuses on analysing the judicial uncertainty in the implementation, interpretation and application of the ICC Statute both in international and national arenas. In this context examined are the parameters of state sovereignty as the main source of theoretical as well as practical contemporary debate on the relationship between lex specialis character of ICC norms and domestic legal regimes. Varying and frequently inconsistent degrees of international and national compliance with international criminal law due to the multiplicity of legal regimes are scrutinised by analysing the relationship between national and ICC measures with regard to aspects of pretrial proceedings, such as surrender of accused persons and transfer of criminal proceedings, rights of suspects and defendants as well as some aspects of sentencing in so far as they affect the prima facie jurisdiction. One of the main objectives of the ICC Treaty is to advance the unification of international criminal law. Whilst it may be contended that this body of law is acquiring a great degree of specificity and uniformity in content through the Statute, both its development and importantly its scope are fundamentally reliant on interpretation and application at national level; it is here that international criminal law is fragmented. Consequently, its understanding and enforcement are inconsistent. The ICC Statute presents issues that are the result of the fusion of common and civil law traditions as well as a blend of diverse criminal laws within each one of those systems. Distinguishing between Anglo-American and Continental European criminal procedures has become increasingly complex and transgressed. Such blend of legal traditions, whilst it must ensure that justice is rendered with equality, fairness and effectiveness, generates nevertheless everincreasing lack of legal orientation. The aim of this pastiche is therefore to establish an international, uniform standard across contemporary justice systems. However, the application of the ICC provisions will depend on particular method of implementation of the Rome Treaty into domestic law, local political situation, the nature of a conflict (armed conflict is where most of the ICC crimes are likely to occur), any peace process involving regional amnesties and pardons and domestic policies and rules on sentencing. The general perception of the ICC and the law it represents is that of a powerful, centralised regime. Contrary to this belief, a proposition is made here for a less hierarchical international criminal justice that is fundamentally reliant upon national courts and law enforcement agencies. Such a proposition emphasises the need for the ICC involvement at a local level. In this context, the thesis sets out to clarify the ICC law and related Statute enforcement issues.

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Appiah, Eric Yeboah. "Right to fair trial in Ghana criminal proceedings". Doctoral thesis, Universitat Pompeu Fabra, 2017. http://hdl.handle.net/10803/403064.

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Fair trial in the criminal process of Ghana has been violated, constrained and compromised because procedural rights of the accused remain unenforceable. The current legal instruments within the liberal framework for protection are misguided, and the existing instruments do not guarantee the right here in ques-tion. The dissertation discusses procedural rights that interrelate with the prin-ciple of equality of arms. I advocate that the system fails to put the criminally accused on equal balance and relative equality with the state prosecution. For interest of justice, I suggest that legal aid lawyers should be assigned to repre-sent the unrepresented accused at the state expense where the accused has no means to pay. This remains dormant, basic and in superficial application in Ghana. How imperative customary law proceedings as a complement to the English system has been unfolded; and the distinguishing features between Ghana and England/Wales criminal law procedure; impact of the African Char-ter and European Convention over the domestic criminal proceedings of Ghana and England/Wales has been analysed.
Juicio justo en el proceso penal de Ghana ha sido violada, constreñido y comprometida debido a los derechos procesales o de procedimiento de los acusados sigue siendo inaplicable. Los instrumentos legales actuales dentro del marco liberal para la protección son equivocados, y los instrumentos existentes no garantizan la cuestión en el presente documento derecha. Se analizan los derechos de procedimiento que se interrelacionan con el principio de igualdad de armas. Abogo por que el sistema no puede poner el acusado penalmente en igualdad de equilibrio y la igualdad en relación con la fiscalía estatal. Por el interés de la justicia, sugiero que abogados de oficio deben ser asignados para representar al acusado sin representación a expensas del estado en el que el imputado no tiene que pagar. Este permanece latente, básico y en aplicación superficial en Ghana. La necesidad imperiosa de un procedimiento de derecho consuetudinario como complemento al sistema de Inglés ha sido desplegada; y las características distintivas entre Ghana e Inglaterra / Gales del procedimiento penal; impacto de la Carta Africana y el Convenio Europeo sobre el proceso penal interno de Ghana e Inglaterra / Gales ha sido analizado.

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Schüttpelz, Kai Oliver [Verfasser]. "Witness Preparation in International and Domestic Criminal Proceedings / Kai Oliver Schüttpelz". Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2014. http://d-nb.info/1107613558/34.

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Cashman, Peter Kenneth. "Legal representation and the outcome of criminal proceedings in magistrates' courts". Thesis, University of London, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.322284.

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Süße, Sascha, e Carolin Püschel. "Collecting evidence in internal investigations in the light of parallel criminal proceedings". Universitätsbibliothek Leipzig, 2016. http://nbn-resolving.de/urn:nbn:de:bsz:15-qucosa-199168.

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Cunha, Fernando Bertolotti Brito da. "As medidas cautelares no processo penal: efetividade e eficiência no processo e os direitos e garantias fundamentais". Pontifícia Universidade Católica de São Paulo, 2017. https://tede2.pucsp.br/handle/handle/19731.

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Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2017-02-22T11:43:08Z No. of bitstreams: 1 Fernando Bertolotti Brito da Cunha.pdf: 773732 bytes, checksum: 1c6dbf87cbe7024460b54243e625f5e0 (MD5)
Made available in DSpace on 2017-02-22T11:43:08Z (GMT). No. of bitstreams: 1 Fernando Bertolotti Brito da Cunha.pdf: 773732 bytes, checksum: 1c6dbf87cbe7024460b54243e625f5e0 (MD5) Previous issue date: 2017-02-17
Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES
In this work, we intend to present the outlines of the new paradigm of the Brazilian criminal process that emerged after the advent of the Federal Constitution of 1988, and the main characteristics and theoretical references of what we will call constitutional criminal procedure. In this context, we will try to rethink the idea of efficiency in criminal proceedings taking into account, in particular, the studies conducted by the Law and Economics School. Lastly, we will present the precautionary criminal proceeding as a possible route to an efficient constitutional criminal procedure
No presente trabalho, pretendemos apresentar os contornos do novo paradigma do processo penal brasileiro surgido a partir do advento da Constituição Federal de 1988 e as principais características e referenciais teóricos daquilo que chamaremos de processo penal constitucional. Nesse contexto, trataremos de repensar a ideia de eficiência no âmbito do processo penal, levando em conta, especialmente, os estudos conduzidos pela escola da Law and Economics. Por fim, apresentaremos o processo penal cautelar como possível caminho para o processo penal constitucional eficiente

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Dumani, Msebenzi. "Aspects of expert evidence in the criminal justice system". Thesis, Nelson Mandela Metropolitan University, 2005. http://hdl.handle.net/10948/435.

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The rule excluding evidence of opinion is traditionally stated in broad and general terms, subject to a more or less closed list of exemptions. Stephen says that a witness’s opinion is “deemed to be irrelevant”. A witness may depose to the facts which he has observed, but he may not ordinarily state any inferences which he has drawn from those facts, or opinions founded upon facts of which he has no personal knowledge. The general rule is that the evidence of opinion or belief of a witness is irrelevant because it is the function of a court to draw inferences and form its opinion from the facts; the witnesses give evidence as to the facts and the court forms its opinion from those facts. The opinion of an expert is admissible if it is relevant. It will be relevant if the witness’s skill, training or experience enables him materially to assist the court on matters in which the court itself does not usually have the necessary knowledge to decide. Where the topic is such that an ordinary judicial officer could be expected to be able, unassisted, to draw an inference, expert evidence is superfluous. In principle, there is no rule that a witness cannot give his opinion on an issue that the court has to decide ultimately. It is not experts alone who may give their opinions on ultimate issues but, in practice, there is a strong tendency to regard the evidence of lay persons on ultimate issues as constituting prima facie evidence only. If such lay testimony remains unchallenged, it may be of greater significance. It is generally true that relevant evidence is admissible and irrelevant evidence is inadmissible. At this stage the following question may be posed: is the opinion of any witness – whether from an expert or lay person – admissible evidence? Should an opinion be admitted for purposes of persuading the court to rely on it in deciding the issue at hand? The basic answer is that relevance remains the fundamental test for admissibility. Certain issues simply cannot be decided without expert guidance. Expert opinion evidence is therefore readily received on issues relating to ballistics, engineering, chemistry, medicine, accounting and psychiatry, to mention only a few examples. The problem which arises is this: what is the best way of cross-examining the expert witness? Although the concept of skilful cross-examination conjures up the image of the crossexaminer destroying the expert witness in the witness box, total annihilation of expert evidence in court occurs only rarely. In reality, lawyers who are expected to cross-examine experts are often at a disadvantage in that they do not possess sufficient in-depth knowledge of the specific field of expertise to enable them to cross-examine the witness. Despite the expert nature of the evidence, it is suggested that the true basis of crossexamination should not be abandoned when dealing with experts. The effectiveness of crossexamination is enhanced by keeping the number of questions to a minimum as well as opening and concluding with good strong points. At the outset it should be mentioned that there is a distinction between matters of scientific fact and matters of mere opinion. On matters of scientific fact experts seldom differ but within the province of opinion one encounters difficulties. Lengthy cross-examination concerning expert’s theoretical knowledge is usually inefficient and should rarely be attempted. Cross-examination should be directed at pure logic or scientific analysis. The cross-examiner should always have relevant authority with him in court so as to confront the expert with these. The whole effect of the testimony of an expert witness can also be destroyed by putting the witness to test at the trial as to his qualifications, his experience and his ability and discriminations as an expert. A failure to meet this test renders his evidence nugatory.

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Slot, Janneke. "An evaluation of the forensic accountant's role in criminal law proceedings / by J. Slot". Thesis, North-West University, 2013. http://hdl.handle.net/10394/9839.

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Forensic accountants are occasionally called upon to assist in criminal law proceedings. The role of the forensic accountant in such proceedings is usually determined during the engagement of the forensic investigation to assist in the matter under investigation. During such investigations, various investigation techniques may be utilised by the forensic accountant in order to convey the facts and findings of the forensic investigation in a written report, drafted by the forensic accountant. When criminal prosecutions are instituted and the forensic accountant is called upon to act as an expert witness, such evidence is mostly based on the findings of the written report. Thus, in giving evidence, the forensic accountant must ensure that the testimony and evidence will be admissible in court and that the forensic accountant is found to be a credible witness. Although there are various legal standards that the forensic accountant must adhere to, the ICFP, which is the South African regulatory body for commercial forensic practitioners, is still in its infancy and has as yet not set any standards with which forensic accountants must comply with when assisting in criminal investigations or drafting written reports. The objective of this study is to highlight the role of the forensic accountant in criminal law proceedings. This objective is reached by clarification of the following: • the difference between a forensic accountant and an auditor; • the techniques available to the forensic accountant when conducting a forensic investigation; • the standards with which a forensic accountant‘s report should comply; and • the forensic accountant‘s role in testimony. The study illustrates the difference between a forensic accountant and an auditor and suggests a definition for a forensic accountant. The study furthermore explores various techniques that the forensic accountant may utilise during the investigation. The study also analyses the legal standards with which a forensic accountant must comply in order to ensure the admissibility of the written report and its findings. In order to achieve this, international regulatory standards applicable to forensic accountants are analysed and discussed. Finally, the role of the forensic accountant in court proceedings is examined. The illustrations in this study will be helpful in determining standards that could be implemented in South Africa to guide forensic accountants in their role in criminal law proceedings.
Thesis (MCom (Forensic accountancy))--North-West University, Potchefstroom Campus, 2013.

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Abu-Baker, Ben-Younis Huda M. "Expert evidence in criminal proceedings : a comparative study (English adversarial and Libyan inquisitorial systems)". Thesis, Manchester Metropolitan University, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.420864.

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Libri sul tema "Criminal proceedings"

Proshlyakov, Aleksey. Criminal proceedings. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1699408.

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The textbook was prepared by the author's team of the Department of Criminal Procedure of the Ural State Law University in accordance with the course program "Criminal Procedure" developed by him, which fully complies with the State Standard of higher legal education (bachelor's, specialist, master's, postgraduate). It takes into account and uses all the changes made to the criminal procedure law, judicial practice, as well as a wide range of scientific and practical works of domestic and foreign procedural scientists. The textbook is provided with a glossary and illustrated with diagrams on the main topics of the course. For students, postgraduates and teachers of law schools and faculties, as well as practicing lawyers, law enforcement officers, researchers

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Criminal trial proceedings. [Edmonton, Alta.]: Alberta Law Reform Institute, 2012.

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California Center for Judicial Education and Research. e Continuing Education of the Bar--California., a cura di. California judges benchbook: Search and seisure, criminal pretrial proceedings, criminal trials, criminal posttrial proceedings. San Francisco, Calif: California Center for Judicial Education and Research, 1999.

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Hearsay in criminal proceedings. Hong Kong]: Law Reform Commission of Hong Kong, 2009.

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Corre, Neil. Bail in criminal proceedings. London: Fourmat Publishing, 1990.

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Stephen, Parkinson, e Corker David, a cura di. Disclosure in criminal proceedings. Oxford: Oxford University Press, 2009.

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Hanlon, Fiona. Criminal conferencing: Managing or re-imagining criminal proceedings? Melbourne: Australasian Institute of Judicial Administration, 2010.

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Proshlyakov, Aleksey, Yuriy Kozubenko, Viktor Balakshin, Asiya Mashovec, Nikolay Azarenok, Lyudmila Aleksandrova, Ekaterina Bravilova et al. Criminal proceedings. Tutorial for PDF. ru: INFRA-M Academic Publishing LLC., 2022. http://dx.doi.org/10.12737/1861444.

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The textbook was prepared by the author's team of the Department of Criminal Procedure of the Ural State Law University in accordance with the course program "Criminal Procedure" developed by him. It takes into account and uses all the changes made to the criminal procedure law, judicial practice, as well as a wide range of scientific and practical works of domestic and foreign procedural scientists. The textbook is provided with a glossary and illustrated with diagrams on the main topics of the course. For students and teachers of educational institutions of secondary professional education of legal profile, as well as practicing lawyers, law enforcement officers.

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Quattrocolo, Serena, e Stefano Ruggeri, a cura di. Personal Participation in Criminal Proceedings. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-01186-4.

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Hearsay evidence in criminal proceedings. Oxford: Hart Pub., 2008.

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Capitoli di libri sul tema "Criminal proceedings"

Colombo, Giorgio Fabio. "Criminal Proceedings". In Justice and International Law in Meiji Japan, 48–70. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003280637-3.

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Lin, Yifei. "Arbitration and Criminal Proceedings". In China Arbitration Yearbook, 187–221. Singapore: Springer Nature Singapore, 2024. http://dx.doi.org/10.1007/978-981-99-7165-7_5.

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Seetahal, Dana S., e Roger Ramgoolam. "Committal proceedings". In Commonwealth Caribbean Criminal Practice and Procedure, 177–200. Fifth edition. | Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9780429955570-11.

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Abrams, Alan A. "Assessing Competency in Criminal Proceedings". In Forensic Psychology, 105–41. Boston, MA: Springer US, 2002. http://dx.doi.org/10.1007/0-306-47923-0_6.

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Stehle, Sebastian. "Empirical Judgement in Criminal Proceedings". In Legal Certainty in a Contemporary Context, 125–46. Singapore: Springer Singapore, 2016. http://dx.doi.org/10.1007/978-981-10-0114-7_8.

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Vriend, Koen. "Full Criminal Proceedings in Decline". In Avoiding a Full Criminal Trial, 1–9. The Hague: T.M.C. Asser Press, 2016. http://dx.doi.org/10.1007/978-94-6265-153-1_1.

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Seetahal, Dana S., e Roger Ramgoolam. "Initiation of Proceedings". In Commonwealth Caribbean Criminal Practice and Procedure, 71–94. Fifth edition. | Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9780429955570-5.

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Singh, Charanjit. "Bad character evidence in criminal proceedings". In Unlocking the Law of Evidence, 339–64. 4^a ed. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003282433-11.

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Waszkiewicz, Paweł, e Krzysztof Worek. "Social media evidence in criminal proceedings". In Social Media and Law Enforcement Practice in Poland, 66–92. New York: Routledge, 2024. http://dx.doi.org/10.4324/9781032680194-5.

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Tsereteli, Nino. "Victim Partication in ICC Proceedings". In Future Perspectives on International Criminal Justice, 625–58. The Hague: T.M.C. Asser Press, 2010. http://dx.doi.org/10.1007/978-90-6704-495-0_28.

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Atti di convegni sul tema "Criminal proceedings"

Presnikov, A. V. "Physical evidence in criminal proceedings". In Scientific Trends: Law. ЦНК МОАН, 2019. http://dx.doi.org/10.18411/spc-20-10-2019-04.

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Soprankov, Gennady Alekseevich. "Written Evidence in Criminal Proceedings". In СОВРЕМЕННЫЕ ТЕНДЕНЦИИ РАЗВИТИЯ ЧАСТНОГО ПРАВА, ИСПОЛНИТЕЛЬНОГО ПРОИЗВОДСТВА И СПОСОБОВ ЮРИДИЧЕСКОЙ ЗАЩИТЫ. Санкт-Петербург: Санкт-Петербургский институт (филиал) ВГУЮ (РПА Минюста России), 2021. http://dx.doi.org/10.47645/9785604572894_87.

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Dauster, Manfred. "Criminal Proceedings in Times of Pandemic". In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.

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COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.

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Ryapolova, Yarosslava. "Legal Status Of Initial Stage Of Criminal Proceedings In Russian Criminal Legislation". In SCTCMG 2019 - Social and Cultural Transformations in the Context of Modern Globalism. Cognitive-Crcs, 2019. http://dx.doi.org/10.15405/epsbs.2019.12.04.363.

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Bierands, Edijs. "Atsevišķi mantas izcelsmes pierādīšanas aspekti". In Latvijas Universitātes 82. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2024. http://dx.doi.org/10.22364/juzk.82.36.

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In connection with proving the origin of property, there have been, are and will continue to be debatable issues that have not been fully answered. In this article, the author addresses two issues. Firstly, to the antinomy between state’s interests to effectively combat criminally obtained property and the recognized human rights to property. The author examines whether and how proportionality must be evaluated in case when the criminal origin of property is not unequivocally linked to a particular criminal offense. Furthermore, there have been debates on the possibility to use testimony in the proceedings regarding criminally acquired property. In this article, the author inquires whether these proceedings permit the use of oral evidence, and if so, whether national regulation contains any obstacles regarding verification of such evidence.

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Kozyavin, Andrey. "Moral Conflict And Types Of Criminal Proceedings". In SCTCMG 2019 - Social and Cultural Transformations in the Context of Modern Globalism. Cognitive-Crcs, 2019. http://dx.doi.org/10.15405/epsbs.2019.12.04.243.

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Bordyugov, L. G. "DIFFERENTIATION OF SPECIAL KNOWLEDGE IN CRIMINAL PROCEEDINGS". In MATERIALS VIII International Scientific and Practical Conference. Izdatelstvo Prospet LLC, 2021. http://dx.doi.org/10.31085/9785998811869-2021-8-37-40.

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Melikov, E. M. "Some mistakes of lawyers in criminal proceedings". In Наука России: Цели и задачи. LJournal, 2019. http://dx.doi.org/10.18411/sr-10-04-2019-13.

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Okhrimenko, S. S. "RIGHT TO EFFECTIVE REMEDY IN CRIMINAL PROCEEDINGS". In LEGAL SCIENCE, LEGISLATION AND LAW ENFORCEMENT: TRADITIONS AND NEW EUROPEAN APPROACHES. Izdevnieciba “Baltija Publishing”, 2023. http://dx.doi.org/10.30525/978-9934-26-324-8-5.

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Malykhina, Natalya I. "Application Of 3D Technology In Criminal Proceedings". In International Scientific and Practical Conference «State and Law in the Context of Modern Challenges. European Publisher, 2022. http://dx.doi.org/10.15405/epsbs.2022.01.66.

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Rapporti di organizzazioni sul tema "Criminal proceedings"

Rossinsky, Sergey B. The essence of the evidence in criminal proceedings: neosynthetic approach. DOI СODE, 2023. http://dx.doi.org/10.18411/doicode-2023.128.

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Rossinsky, Sergey Borisovich. OTHER DOCUMENTS IN CRIMINAL PROCEEDINGS: THE GENESIS OF DOCTRINAL VIEWS AND MODERN PROBLEMS OF LEGISLATIVE REGULATION. DOI CODE, 2023. http://dx.doi.org/10.18411/doicode-2023.227.

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ROSSINSKIY, SERGEY BORISOVICH. A SPECIAL ORDER OF COURT PROCEEDINGS IN A CRIMINAL CASE: A FORM OF PROVING OR A FORM WITHOUT PROVING? DOI СODE, 2022. http://dx.doi.org/10.18411/doicode-2022.077.

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Belyaev, Nikita Sergeyevich, e Kirill Radikovich Kirushin. Problems of appointment of forensic examinations in criminal proceedings: violations of the rights of the suspect, accused, victim, witness. DOI СODE, 2023. http://dx.doi.org/10.18411/doicode-2023.096.

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Rossinskiy, Sergey B., e Maria Iosifovna Yasnitskaya. Decree of court No.2 as the "Temporary basis of criminal proceedings" of Soviet Russia (to the 105th anniversary of the adoption). DOI СODE, 2023. http://dx.doi.org/10.18411/doicode-2023.093.

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Rossinskiy, Sergey B. Secret ways of collecting evidence do not correspond to national approaches to the concept building pre-trial proceedings in a criminal case. DOI СODE, 2023. http://dx.doi.org/10.18411/doicode-2023.127.

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Mutebi, Natasha. Problem-solving courts. Parliamentary Office of Science and Technology, UK Parliament, luglio 2023. http://dx.doi.org/10.58248/pn700.

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Problem-solving courts (PSC) are a problem-solving approach targeting the complex needs of individuals within the criminal or family justice systems. Over the last 20 years, PSC have been introduced into the UK to address the personal, social and structural factors underlying behavioural issues that often contribute to re-offending. In June 2023, the Ministry of Justice launched three courts with problem-solving components referred to as Intensive Supervision Courts (ISC). Focusing on rehabilitative outcomes, PSC combine intervention programmes with judicial oversight through regular reviews. By placing judges and magistrates at the centre of rehabilitation, PSC target individuals or families with complex needs, who might not benefit from standard court proceedings and supervision, with an aim to improve long-term life outcomes. This POSTnote provides an overview of PSC in England and Wales. It outlines different PSC and courts with PSC elements that operate within adult criminal courts, family courts and youth courts across England and Wales, drawing data from case studies in the UK and, where relevant, internationally. It also discusses potential challenges to fully implement PSC and their approaches as well as opportunities for more effective implementation of PSC across England and Wales. Key points Key elements of PSC include intensive intervention programmes, that seek to address underlying social and health issues through regular judicial monitoring and cross-governmental collaborative efforts. Several ongoing PSC and courts with PSC elements operate within adult criminal courts, family courts and youth courts across England and Wales. Although there is a substantial international evidence base, there seems to be limited evidence about the effectiveness of PSC in the UK due to inconsistent implementation and evaluation. Challenges to PSC implementation can include costs, lack of funding, limited evidence, procedural issues and lack of widespread judicial engagement. Opportunities for effective PSC implementation include use of existing resources, multi-agency partnerships, advocating for specialist services and a change in culture within the judiciary.

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Jones, Nicole S. 2018 Impression, Pattern and Trace Evidence Symposium. RTI Press, maggio 2018. http://dx.doi.org/10.3768/rtipress.2018.cp.0006.1805.

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From January 22 to 25, 2018, RTI International, the National Institute of Justice (NIJ) and the Forensic Technology Center of Excellence (FTCoE) held the 2018 Impression, Pattern and Trace Evidence Symposium (IPTES) in Arlington, VA, to promote collaboration, enhance knowledge transfer, and share best practices and policies for the impression, pattern, and trace evidence forensic science communities. NIJ and FTCoE are committed to improving the practice of forensic science and strengthening its impact through support of research and development, rigorous technology evaluation and adoption, effective knowledge transfer and education, and comprehensive dissemination of best practices and guidelines to agencies dedicated to combating crime. The future of forensic sciences and its contribution to the public and criminal justice community is a motivating topic to gather expertise in a forum to discuss, learn, and share ideas. It’s about becoming part of an essential and historic movement as the forensic sciences continue to advance. The IPTES was specifically designed to bring together practitioners and researchers to enhance information-sharing and promote collaboration among the impression, pattern, and trace evidence analysts, law enforcement, and legal communities. The IPTES was designed to bring together practitioners and researchers to enhance information sharing and promote collaboration among impression, pattern, and trace evidence analysts, law enforcement, and legal communities. This set of proceedings comprises abstracts from workshops, general sessions, breakout sessions, and poster presentations.

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