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1
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.
Testo completoAbstract (sommario):
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.
2
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.
Testo completoAbstract (sommario):
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.
3
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.
Testo completoAbstract (sommario):
«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.
4
Aragea, Cosmina Claudia. "Criminal proceedings". Eximia 12 (30 settembre 2023): 203–19. http://dx.doi.org/10.47577/eximia.v12i1.355.
Testo completoAbstract (sommario):
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.
5
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.
Testo completoAbstract (sommario):
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.
6
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.
Testo completoAbstract (sommario):
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.
7
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.
Testo completoAbstract (sommario):
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.
8
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.
Testo completoAbstract (sommario):
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.
9
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.
Testo completoAbstract (sommario):
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.
10
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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11
Rohatiuk, Ihor. "Basic principles of the prosecutor in criminal proceedings under Criminal Procedure Code of Ukraine". Internal Security 8, n. 1 (30 gennaio 2016): 111–22. http://dx.doi.org/10.5604/20805268.1231545.
Testo completoAbstract (sommario):
Principles have always been the cornerstones of criminal proceedings’ legal regulation affecting all participants of criminal process. Taking into account the accelerated pace of current law enforcement reforming it is necessary to mention the prosecution institute and key role of criminal proceedings’ principles presenting scientific background for further empirical findings. The majority of these principles defines the priority growth directions of criminal process as well as creates friendly environment for behavioral aspects of criminal proceeding parties. This article provides comparative analysis of the existing criminal procedural principles of the prosecutor’s role in the criminal proceedings with specification of the legality principle as a requirement for all subjects of the criminal proceedings, including the prosecutor, to use the norms and provisions of legal acts correctly, to comply it consistently and perform accurately, explores the historical origins of these principles and their determinants’ origin starting from the times of Kievan Rus and its unique judicial system and proves that the adversarial principle is closely connected with dispositivity of prosecutor’s participation in criminal proceeding. An emphasis is placed on correlation between the ‘principles’ and ‘foundations’ terms examined by Ukrainian and Soviet scholars and its application in relation to the newly adopted Criminal Procedure Code of Ukraine.
12
Kaija, Sandra, e Inga Kudeikina. "Theoretical Aspects of the Legislation Dealing with Proceedings Regarding Criminal Property". European Journal of Sustainable Development 10, n. 4 (1 ottobre 2021): 147. http://dx.doi.org/10.14207/ejsd.2021.v10n4p147.
Testo completoAbstract (sommario):
The research deals with problems relating to proceedings regarding criminal property, as a result of which property may be recognised as criminally derived and be forfeited. It should be noted that matters at hand are interdisciplinary and require a systemic approach. The research focuses on procedural aspects of criminal property forfeiture in the context of an individual’s right to property. The forfeiture of criminal property by way of special proceedings before a court judgement resulting in criminal conviction becomes final is an adequate means of criminal proceedings, whose main goal is to restore justice between parties to criminal proceedings by returning criminal property to the lawful owner as soon as possible. However, it should be considered that this type of property forfeiture has a dual nature, namely: the legislation should also secure the rights of persons having opposite interests, such as the alleged offender, the property owner affected by criminal proceedings and the victim.
13
Barhan, S. "Problems of normative regulation of procedural means of cognitive activity of the investigator". Analytical and Comparative Jurisprudence, n. 1 (20 marzo 2024): 560–65. http://dx.doi.org/10.24144/2788-6018.2024.01.98.
Testo completoAbstract (sommario):
The article examines the cognitive orientation of investigative activity during pre-trial proceedings. It emphasizes that cognitive activity in the process of disclosing and investigating a criminal offense is determined by the provisions of the current Criminal Procedure Code of Ukraine, procedural means primarily aimed at understanding the circumstances to be established. Undoubtedly, these means should contribute to obtaining new knowledge about circumstances relevant to criminal proceedings, but in accordance with Part 8 of Article 223 and Part 5 of Article 280 of the Criminal Procedure Code of Ukraine, if pre-trial investigation is completed, the terms have expired, or it has been suspended, the investigator's activity related to understanding past events ceases due to the prohibition on conducting investigative (search) actions. However, investigative (search) actions also include measures to ensure criminal proceedings, such as detention, temporary access to items and documents, temporary seizure of property, and property arrest. However, since the regulatory framework for investigative (search) actions and measures to ensure criminal proceedings remains vague, the question arises about the possibility or impossibility of using these measures outside the deadlines of pre-trial investigation to obtain evidence in criminal proceedings without violating the general principles of criminal proceedings (primacy of law, legality, reasonableness of deadlines). Based on this, it is suggested that the cognitive nature of some measures to ensure criminal proceedings reflects the imperfection of the regulatory distinction between investigative (search) actions and measures to ensure criminal proceedings, considering their general definition in the norms of criminal procedural law. Finally, the question is raised about the investigator's ability to obtain information about the circumstances of committing a criminal offense through measures to ensure in a suspended criminal proceeding.
14
Khovpun, O. S., e S. V. Podhorets. "ELECTRONIC CRIMINAL PROCEEDINGS". Scientific notes of Taurida National V.I. Vernadsky University. Series: Juridical Sciences, n. 1 (2022): 98–102. http://dx.doi.org/10.32838/tnu-2707-0581/2022.1/18.
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15
Ambos, Kai. "International Criminal Proceedings". Criminal Law Forum 17, n. 3-4 (12 dicembre 2006): 355–59. http://dx.doi.org/10.1007/s10609-006-9023-4.
Testo completo
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SHKHAGAPSOEV, ZAURBI, e RUSLAN KARDANOV. "FEATURES OF STATE PROTECTION PARTICIPANTS IN CRIMINAL PROCEEDINGS IN RUSSIAN FEDERATION". Sociopolitical Sciences 11, n. 4 (28 agosto 2021): 137–42. http://dx.doi.org/10.33693/2223-0092-2021-11-4-137-142.
Testo completoAbstract (sommario):
Criminal activity in the modern world is developing at a very fast pace and in practice there are situations when criminals influence participants in criminal proceedings in order to conceal the real facts regarding their criminal behavior. In this context, the mechanisms of state protection of participants in criminal proceedings are of particular importance in order to exclude various forms and methods of unlawful influence on their functioning in the framework of the relevant proceedings. The above-mentioned institution has existed in Russian criminal procedural practice not so long ago, however, a significant increase in the number of applications for state protection objectively necessitates its improvement, taking into account the existing realities. Criminal influences on various participants in criminal proceedings can significantly complicate investigative activities and negatively affect the results of the proceedings. The purpose of writing a research paper is to identify the features of the organization and implementation of a set of protective measures in relation to the participants in the proceedings. The author comes to the conclusion that the institution of state protection of participants in criminal proceedings is essential for the effectiveness of criminal proceedings in Russia. Attention is focused on the need to improve the mechanism of state protection of the aforementioned persons in the context of the dynamic development of criminal practice and the availability of many new methods of illegal influence. On the basis of the conducted scientific research, the essential features of the current institution of state protection of participants in criminal proceedings have been identified, which it seems obligatory to take into account in the further development of appropriate protective mechanisms, taking into account the transformation of the Russian criminal legal system.
17
Caprioli, Francesco. "Neuroscientific Evidence in Italian Criminal Proceedings". International Journal of Forensic Sciences 9, n. 2 (2024): 1–9. http://dx.doi.org/10.23880/ijfsc-16000377.
Testo completoAbstract (sommario):
The author asks whether and to what extent neuroscientific evidentiary techniques can be considered admissible in Italian criminal procedure to assess the mental state of the accused or to verify the truthfulness of a statement, analyzing the national jurisprudence on the subject. First, the author asks whether neuroscientific techniques can be used to determine whether the defendant was totally or partially insane at the time of the crime charged and to determine whether the defendant is a socially dangerous person. The answer is yes, although great caution must be exercised. The main risk is to theorize the existence of a real biological basis for antisocial behavior, which could even justify the adoption of restrictive measures praeter delictum against the biologically vulnerable person. Secondly, the author asks whether the techniques called A-IAT (Autobiographical Implicit Association Test) and TARA (Temporal Antagonistic Response Aletiometer), used in Italy in some criminal proceedings to verify the truthfulness of a statement, are compatible with the Italian law of evidence, which prohibits the use, even with the consent of the person concerned, of methods and techniques that are likely to impair his freedom of self-determination and his ability to recall and evaluate facts. The answer is certainly no if it is believed that these techniques can function as "memory detection" techniques, i.e. they are capable of detecting in the mind of the person concerned even memories that he or she has erased. More controversial is whether a-IAT and TARA are to be considered admissible if they are believed to be simple “lie-detection” techniques, aimed at revealing whether or not the declarant is truthful in reporting his or her memories.
18
Kim, Chi Tran, e Vu Tran Tuan. "Status of the victim in the adversary proceeding: Experience from Russia and recommendation for the Vietnam’s criminal procedures". Vestnik of Saint Petersburg University. Law 14, n. 3 (2023): 721–37. http://dx.doi.org/10.21638/spbu14.2023.310.
Testo completoAbstract (sommario):
Nowadays, most researchers believe that Russian Federation’s Criminal Procedure follows a mixed model instead of the traditional inquisitorial procedure model. Using the Russian Federation as an example, this article raises questions, including: How will the acquisition of adversarial elements affect the victim? Is the victim an independent party to participate in the adversary proceeding? Do the adversarial activities of the victim and the other subjects exist at the pre-trial stages? In Vietnam, with the limitation of the victim to participate actively in the adversary proceeding, it will be difficult for the victim to protect his or her legitimate rights and interests in criminal proceedings. He/she participates in the proceedings passively with the same role as witnesses. This article explores the role and position of the victim in the adversary proceeding of Russia. Analyzing the rights and obligations of the victim in the adversary proceeding, this article found that the victim in the Criminal Procedure Code of the Russian Federation is eligible to participate in the adversary proceeding as an independent party. Based on the results of research on the limitations of the victim’s role in Vietnamese criminal proceedings, the article discusses the significance of this study and proposes approaches to improve the victim’s participation in the adversary proceeding in Vietnam’s criminal justice system.
19
Bondar, I. V., O. P. Kuchynska e Yu V. Tsyganyuk. "Аdvocate in criminal proceedings: organizational and legal principles". Analytical and Comparative Jurisprudence, n. 4 (14 settembre 2023): 524–28. http://dx.doi.org/10.24144/2788-6018.2023.04.83.
Testo completoAbstract (sommario):
The article examines the organizational and legal principles of the advocate’s activities in criminal proceedings. The authors noted that a major role in ensuring the rights and freedoms of individuals during criminal proceedings belongs to advocates, who must provide the necessary professional legal assistance to the participants in the process. But high-quality professional legal assistance of an advocate depends on many factors, both subjective and objective. It was determined that the quality of the legal regulation of an advocate’s activity in criminal proceedings directly affects him and, secondarily, the person to whom he provides professional legal assistance.When conducting research, the authors take as a basis the fact that the participation of an advocate in criminal proceedings requires the presence of 2 legal statuses: 1) an advocate of Ukraine, 2) the status of a participant in a criminal proceeding (defender or representative). Based on this approach, the collection of evidence by the defense, the right to receive information and copies of documents in the context of maintaining the secrecy of the pretrial investigation, the recusal of other participants in the criminal proceedings in connection with the involvement of a advocate who is related to the participant in the criminal proceedings, the provision of professional of legal assistance by an advocate to persons whose procedural status is not regulated in detail analyzed.Investigating the organizational principles of an advocate’s activity in criminal proceedings, the authors drew attention to the role of curfew in a advocate’s work, insufficient research into the tactics of a advocate’s tactics in criminal proceedings and methods of defense in proceedings regarding a separate category of criminal offenses. Based on the results, a conclusion was formed that among the outlined problems there is a regularity is connected with the fact that the Law of Ukraine “About Advocacy and Advocacy Activities” details separate provisions of the advocate’s participation in criminal proceedings, which are not defined by the Criminal Procedure Code of Ukraine, in turn, causes their uneven implementation by the authorized subjects of the CPC of Ukraine. And the research direction of the advocate’s participation tactics and methods of defense or representation in certain types of criminal proceedings is recognized as perspective.
20
Korcheva, T. V. "Topical problems of legislative regulation of defense mandatory participation in criminal proceeding". Problems of Legality, n. 152 (29 marzo 2021): 124–34. http://dx.doi.org/10.21564/2414-990x.152.224398.
Testo completoAbstract (sommario):
For a certain category of persons in particular cases legislator provides for a special procedure of criminal proceedings as well as mandatory participation of a defender (Article 52, The Code of Criminal Procedure) to create additional person defense guarantees in criminal proceedings. The article is devoted to study of problem aspects of legislative regulation of defense mandatory participation in criminal proceedings. The importance of defense mandatory participation is emphasized as rendering legal aid to a person in criminal proceedings.
This article is devoted to study the importance of the mandatory participation of a defender in criminal proceedings and on the basis of obtained data, with due consideration of international standards of human rights protection in criminal proceedings, to submit substantiated author’s proposals as regards the expansion of the circle of grounds for the mandatory participation of a defender in Ukrainian criminal proceedings.
Within the topic of study we analyzed criminal procedural legislation in force, research works in this area, decisions of European Court oh Human Rights, aiming to reveal deficiencies in law and submit author’s proposals as regards their elimination.
According to normative sense of Article 52, The Code of Criminal Procedure of Ukraine, the article gives classification of the grounds for mandatory participation of a defender depending on: 1) consideration of severity of a crime; 2) consideration of personal data of a defendant held criminally liable; 3) peculiarities of criminal proceedings.
Proposals are presented aimed to improve legislative regulation of Ukrainian criminal procedural law. It is proposed to add one more reason connected to the circumstance that the defendant denies suspicion against him/her and/or denies his/her guilt in commission of criminal offense. The proposal consists in addition to Article 52, Part 2, The Code of Criminal Procedure of Ukraine of new Item 10 postulating the mandatory participation of a defender in criminal proceedings against persons who deny a suspicion as specified in Suspicion Notice on deny pleading guilty at court session.
21
Iurkevich, Mariia Aleksandrovna. "Should videoconference be elected over personal presence in criminal legal proceedings?" Право и политика, n. 1 (gennaio 2021): 12–22. http://dx.doi.org/10.7256/2454-0706.2021.1.34835.
Testo completoAbstract (sommario):
This article analyzes the conditions and legal ramifications of application of videoconference in various forms of criminal legal proceedings, highlighting practical issues emerging in arrangement of participation of parties in criminal proceedings via videoconference calls. As a product of digital technologies, videoconference is examined not only as a formal means of communication used by parties to a legal proceeding, but also as one of the means of exercising the right to a fair trial. The object of this research consists of communication and procedural relations arising between the parties to a legal proceeding with application videoconference. The subject of this research covers the entire complex of fairly recent norms for the Russian criminal procedural regulation governing application of videoconference on various stages of criminal proceedings on a case. The article contains practical recommendations by indicators that should be considered in determining optimal forms of participation in a criminal proceeding, as well as actions of parties that must be undertaken if during application of videoconference, the rights of the defendant are violated or the standards of fair trial are not being met. The article complies answers to the most topical questions on videoconference calls, taking into the consideration practical experience of the author, as well as relevant case law of the Russian courts and the European Court of Human Rights. The conclusion is made that application of videoconference is allowable in legal proceedings of the courts of first instance and courts of appeal in criminal cases heard in special order, cassation instance, supervisory instance, in execution of sentence, as well as within the framework of judicial control at pretrial stage in a criminal case, but only if procedural guarantees could be provided to all parties of the proceedings. In a trial by jury such technology is unacceptable.
22
Prihodko, I. A. "Arbitration proceedings and the concept of “connected process” (based on the materials of the scientific and practical conference dedicated to the memory of Professors A. K. Sergun and A. T. Bonner, “The subject and principles of civil procedural law: modern problems”)". Courier of Kutafin Moscow State Law University (MSAL)), n. 12 (16 marzo 2022): 71–82. http://dx.doi.org/10.17803/2311-5998.2021.88.12.071-082.
Testo completoAbstract (sommario):
The article analyzes the unique properties of arbitration proceedings that integrate civil and criminal types of processes. Implemented in the APC the possibility of joint consideration in arbitration proceedings of claims for bringing to administrative responsibility together with other requirements, in the author’s opinion, proves the fundamental possibility of joint consideration in this legal proceeding of an economic dispute and a criminal case arising from it, which will exclude the possibility of obtaining in the framework of criminal proceedings a different result of resolving an economic dispute than that which can be achieved by applying to an arbitration court.
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Shiryaeva, Tatiana I. "Features of the Participation of Certain Types of Military Organizations as Bodies of Inquiry in Criminal Proceedings". Теория и практика общественного развития, n. 1 (31 gennaio 2024): 145–50. http://dx.doi.org/10.24158/tipor.2024.1.19.
Testo completoAbstract (sommario):
The decision taken by the leadership of the Russian Federation to conduct a special military operation on the territory of Ukraine to denazify it, in addition to the expected negative reaction from the authorities of unfriendly countries, predetermined the growth of war crimes within our state. For this reason, recently there has been a rapid increase in criminal cases for war crimes. The purpose of criminal proceedings is to consider criminal cases of war crimes on the merits, ensure justice, restore violated legal rights and interests, punish criminals and acquit the innocent. A large number of participants are involved in this process. Military organizations are important actors in criminal proceedings related to the consideration of criminal cases of war crimes. In this study, the author would like to address the issue of the specifics of the participation of military organizations in the criminal proceedings of the Russian Federation. The article reveals the features of the participation of mili-tary organizations in criminal proceedings as bodies of inquiry, identifies existing problems in this area, and formulates recommendations.
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Maksimov, O. A. "ON THE APPOINTMENT OF THE MODERN RUSSIAN CRIMINAL PROCESS". Bulletin of Udmurt University. Series Economics and Law 31, n. 2 (20 aprile 2021): 271–76. http://dx.doi.org/10.35634/2412-9593-2021-31-2-271-276.
Testo completoAbstract (sommario):
The article examines the purpose of the modern Russian criminal procedure as a way of implementing the constitutionally defined tasks of the state. With a variety of approaches to defining the subject of research, one can single out two interrelated, but also mutually exclusive ideas that underlie the understanding of the purpose of criminal proceedings - for the implementation of criminal law (combating crime, organizing criminal prosecution) or for protecting the rights and freedoms of persons involved in criminal proceedings. legal proceedings. The prevalence of one of them depends on the type of process, while they cannot exist on equal terms due to the opposite methods of implementation in a particular criminal proceeding. With the priority of one of the ideas, the entire criminal process is built according to the type of designated purpose, and the second idea is one of the means of achieving it. The purpose of the criminal procedure follows from the main tasks of the state. It is concluded that in connection with the clearly established in the Constitution the basic values subject to state protection, the only purpose of the modern Russian criminal procedure is to protect human rights and freedoms, regardless of his procedural status in criminal proceedings.
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Harskyi, Oleksandr, e Svitlana Didyk. "Anti-patterns in criminal proceedings: forms of fixation in criminal proceedings". Slovo of the National School of Judges of Ukraine, n. 3(36) (17 novembre 2021): 100–116. http://dx.doi.org/10.37566/2707-6849-2021-3(36)-8.
Testo completoAbstract (sommario):
The form of the evidentiary process also determines the form of administration of justice. The question of which was investigated in the article is a usual aspiration to improve the process of proving, thanks to the change of the procedural form of fixation in criminal proceedings. So far, the main means of fixing the course and results of a procedural action is a protocol. Even if the legislator necessarily provides video recording as an alternative form of fixation (for example, during the search), the protocol remains the main means of documenting the procedural actions of the body of pre-trial investigation. In the article the author tries to show the dependence of criminal procedural activity of subjects of proving and the court from the protocol, the influence of this means to the modern process of proving and makes a conclusion that the mentioned «pattern» is a bad decision in law-enforcement activity, that is antipattern. In addition, the evolution of the protocol as a form of fixation in criminal cases (pre-revolutionary period and the Soviet time), as well as a certain comparison of the existing procedural legislation of Ukraine and Western European countries in terms of forms of fixation in criminal proceedings and the impact of such forms on the process of proving is studied in a certain way. With the development of technology, as well as with the existing modern digital technology, including in the daily life of every person, it would be obvious to change this form of recording of criminal proceedings to audio-video recording. In addition to the effectiveness of such a means, the saving of procedural time of the preliminary investigation and the court should be taken into account. As for the issue of informativeness and preservation of information for the future, the advantages in such a form are obvious. Behind the antipattern there is always a place for a pattern, which, due to reasonable patterns, will be able to provide the state policy in the field of criminal prosecution with effective forms of means of proof. Keywords: criminal procedure, criminal procedure, criminal procedural activity, forms of proof, anti-pattern.
26
Shulhan, Iryna. "Electronic evidence as effective tools of proving in criminal proceedings". Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, n. 37 (22 marzo 2023): 202–7. http://dx.doi.org/10.23939/law2023.37.202.
Testo completoAbstract (sommario):
The process of proving is carried out by competent participants of criminal trial in order to establish the truth in criminal proceedings and is an important component of the proceeding. Proving is carried out in compliance with the statutory procedure for criminal proceedings in general, the order of the execution of certain procedural actions and the adoption of procedural decisions, that is within the limits of the criminal procedural form. The modern concept of criminal proceedings is aimed at establishing additional guarantees of observance of the participants’ rights at each stage. The process of proving should be clearly regulated by criminal procedure legislation to ensure the rights of a person in criminal proceedings. The rapid development of the latest information technologies and a significant increase in the number of legal relations in the plane of the information space objectively affected the features of the criminal process. In particular, this applies to such an important category as sources of evidence. In modern conditions of widespread use of information technologies, electronic media are an important and informative source of evidence in criminal proceedings. From theoretical and practical perspectives an important task for scholars is to regulate at the legislative level the methods and procedural proceedings for the legal collection of digital information relevant to criminal proceedings and its further use in compliance with the principles of relevance, admissibility, reliability and sufficiency. The peculiarities of collecting, processing and recording digital evidence are analyzed in the article. It is emphasized that the collection of evidence contained on electronic media can be done by removing the media or information system and by copying the information stored on the corresponding electronic media. The advantages and disadvantages of using digital evidence collection methods are analyzed. Emphasis is placed on the importance of observing the procedural and technical aspects of obtaining information stored on electronic media in order to ensure the possibility of using such information as evidence during criminal proceedings.
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Vorobiev, Vladimir Yurievich. "International legal foundations of criminal proceedings against minors". Uchenyy Sovet (Academic Council), n. 9 (28 agosto 2023): 573–78. http://dx.doi.org/10.33920/nik-02-2309-07.
Testo completoAbstract (sommario):
The article deals with the international legal participation of a minor in criminal proceedings. It is shown that age-related vulnerability and immaturity inherent in minors require additional legal guarantees in criminal proceedings. The personal characteristics of juvenile criminally prosecuted persons, victims, and witnesses and their limited procedural capacity can be considered as sufficient grounds for involving additional participants in the criminal process. Objectively, there is a need for legal and individual regulation of the relevant criminal procedural relations in law enforcement.
28
Tatyanina, L. G., e E. F. Tensina. "ABSENTEE PROCEEDINGS IN THE CRIMINAL PROCEEDINGS OF RUSSIA". Bulletin of Udmurt University. Series Economics and Law 32, n. 4 (2 agosto 2022): 727–31. http://dx.doi.org/10.35634/2412-9593-2022-32-4-727-731.
Testo completoAbstract (sommario):
The article analyzes the concept of absentee proceedings used in Russian criminal proceedings. A brief description of the stages of formation and development of the institution under study is given, starting with the Charter of Criminal Procedure of 1864. The conclusion is made about the independence of the absentee procedure for the consideration of a criminal case and its difference from other types of consideration of a criminal case in the absence of the defendant. Taking into account the positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, depending on the category of crimes, two types of absentee order are distinguished, provided for in Part 4 and Part 5 of Art. 247 of the Code of Criminal Procedure of the Russian Federation. The conclusion is made about the expediency of preserving in criminal proceedings the possibility of enacting a sentence (determination) of a court issued in absentia. The characteristic of each model of absentee order is given. From the position of ensuring the rights of participants in criminal proceedings, proposals were made on the mandatory holding of a preliminary hearing to resolve the petition of the accused to consider a criminal case on a crime of small and medium gravity in the absence of the defendant, as well as the possibility of making such a petition already at the stage of familiarization of the accused with the materials of the criminal case at the preliminary stage investigation. It is concluded that the absentee procedure for considering a criminal case cannot be singled out as an independent simplified procedure, since it does not show the uniqueness of the legal relations regulated by the norms of the alleged proceedings. The absentee procedure of trial does not have a material and legal basis that objectively requires differences in legislative regulation, there are no significant differences compared to the usual procedure for proceedings.
29
Kotlán, Pavel. "Relationship of Criminal Proceedings to Civil Litigation, Insolvency and Tax Proceedings". DANUBE 11, n. 2 (1 giugno 2020): 141–55. http://dx.doi.org/10.2478/danb-2020-0008.
Testo completoAbstract (sommario):
Abstract The main goal of this article is to clarify the nature of criminal proceedings and its relationship to civil litigation, insolvency and tax proceedings. The understanding of the purpose of the proceedings, the nature of the liability fulfilled in the proceedings and the principles on which the proceeding is based can facilitate the investigation of economic crime by the prosecuting authorities. The results of the work lead to the conclusion that key factors are the purposes of each proceedings and differences in the principles by which they are governed. But legal norms are not always unambiguous – for instance, in the issue of the so-called punitive damages, the relationship between collateral proceedings and insolvency proceedings or the nature of penalties under Art. 251 of the Tax Code.
30
Syza, N. "The authority of Criminal Cassation Court as part of Supreme Court about sending criminal proceeding from one trial to another". Herald of criminal justice, n. 3 (2019): 51–61. http://dx.doi.org/10.17721/2413-5372.2019.3/51-61.
Testo completoAbstract (sommario):
One of the guaranties of justice by competitive trial is determined in art. 34 Criminal Procedural Code the procedure of sending criminal proceeding from one trial to another in connection with don`t fall within the jurisdiction or another legal circumstance which make impossible justice in this trial or can influence on judge`s impartiality and equity and for the purpose of providing for promptness and effectiveness in criminal proceeding. The purpose of article is: to reveal the authority of Criminal Cassation Court as a part of Supreme Court based on analysis of criminal procedural law and practice their using about sending criminal proceeding from one trial to another. For the results of research was concluding that the authority of Criminal Cassation Court as a part of Supreme Court about sending criminal proceeding from one trial to another steam from norm in art. 34 Criminal Procedural Code which provide for grounds and procedure for deciding whether to refer criminal proceedings to another court. If in a court of appeal or in a petition of a party or a victim the circumstances, which cannot be grounds for referring criminal proceedings to another court, are stated, or the request is made for resolving issues beyond its powers, stipulated by art. 34 of the Criminal Procedural Code, the Criminal Cassation Court as a part of Supreme Court refuses to grant the application (petition). Generalized the most common in judicial practice in the Criminal Cassation Court as a part of Supreme Court instances of refusal in satisfied submission (petition) about sending criminal proceeding from one trial to another, in particular if: appellant don`t have the authority; it`s matter of bringing criminal proceeding together and determining jurisdiction; substantiates the existence of circumstances that may be grounds for the removal of judges, but not for the transfer of criminal proceedings in accordance with art. 34 of the Criminal Procedural Code. Installed that Criminal Cassation Court as a part of Supreme Court at proceeding application (petition) about sending criminal proceeding from one trial to another refuses to satisfy them even in case where the issue of jurisdiction of criminal proceeding has already been resolved by the cassation court before, on similar grounds, justifying it in accordance with the requirement of p.5 art. 34 of the Criminal Procedural Code, disputes over jurisdiction between the courts are not allowed. Was figuring out the legal positions Criminal Cassation Court as a part of Supreme Court about limit in view to considering in art. 34 Criminal Procedural Code; questions about sending criminal proceeding from one trial to another which has already been submitted to a certain court, having carried out during the court residence. Having proposed for broad consideration of the matter, having entrusted the court to provide the Criminal Procedural Code with special procedures sending of criminal proceeding from one side to the last in the stage of pre-trial consideration and review of court decisions.
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Mamatkulova, Khosiyat. "GENERAL CHARACTERISTICS OF PROVING IN CRIMINAL PROCEEDINGS". American Journal of Political Science Law and Criminology 5, n. 8 (1 agosto 2023): 126–30. http://dx.doi.org/10.37547/tajpslc/volume05issue08-22.
Testo completoAbstract (sommario):
Some issues of proof in criminal proceedings, the specifics of the process of proving are discussed in the article. The author gives judgments on the optimization of the process of proof in criminal proceedings.
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Lazareva, V. A. "Criminal procedure ≠ criminal justice". Juridical Journal of Samara University 9, n. 3 (10 ottobre 2023): 11–17. http://dx.doi.org/10.18287/2542-047x-2023-9-3-11-17.
Testo completoAbstract (sommario):
The article deals with current problems and possible options for the further development of criminal procedure law on the basis of an analysis of unity, differences and the ratio of pretrial and judicial stages of proceedings in a criminal case. Examining in historical context such categories as the purpose, tasks and destination of criminal procedure, the author comes to the conviction of the fallacy of the identification of the concepts of criminal procedure and criminal justice that has become familiar. Based on the functional purpose of the main (authority) subjects of criminal procedure, the forms of their interaction, the ratio of pretrial and judicial proceedings are determined. The conclusion is formulated on the need to move to differentiated regulation of the pretrial stage of the criminal process as a sphere of activity of the bodies of accusatory power (preliminary investigation) and judicial stages as an area of functioning of the judiciary. Awareness of the difference in goals and objectives solved during criminal proceedings by subjects of the prosecution and judicial authorities allows us to hypothesize about the need to differentiate the principles of criminal procedure in relation to each of its two parts. The proposed idea should help to solve the most significant problems of criminal procedure law.
33
Zhurba, O. L., e Y. V. Lysenko. "THE CONCEPT AND THE ESSEMCE OF THE INSTITUTE OF CRIMINAL PROCEEDING PARTICIPANTS` SECURITY". Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6 (72), n. 2 (2020): 269–75. http://dx.doi.org/10.37279/2413-1733-2020-6-2-269-275.
Testo completoAbstract (sommario):
The legislator has determined that the purpose of criminal proceedings is to protect the rights and legitimate interests of persons and organizations who have suffered from crimes. Nevertheless, persons acting as victims and witnesses are not only able to exercise their rights properly, but they are also affected by criminals. The result of this is the case of refusal and evasion of victims and witnesses from participating in criminal proceedings. To prevent this state protection measures are applied to witnesses, victims and other participants in criminal proceedings. The protection, the definition of security, the identification of the reality of threats are debatable in the scientific literature. Individual scientists study the concepts of reasons and grounds for security measures. All these issues are closely related to ensuring the rights of participants in criminal proceedings and should be investigated comprehensively with a separate consideration of the interaction of the investigator with the investigative authority and the court while ensuring these measures. The existing problems affect the practice of applying security measures, which reduces the quality of criminal investigations. The article deals with the definition of the concept of the safety of participants in criminal proceedings. The analysis of security measures, their types is made.
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Oboronova, Iryna. "Features of simplified proceedings regarding criminal offenses in the court of first instance". ScienceRise: Juridical Science, n. 3(21) (30 settembre 2022): 26–31. http://dx.doi.org/10.15587/2523-4153.2022.265189.
Testo completoAbstract (sommario):
Summary court proceedings regarding criminal misdemeanors are a differentiated type of court proceedings in the court of first instance. Three forms of simplification of court proceedings regarding criminal misdemeanors are singled out, in particular: 1) with accelerated holding a trial in a court session; 2) without holding a trial in a court session; 3) with holding a trial without examining the evidence regarding those circumstances that are not contested by anyone. The list of documents, the presence of which is a prerequisite for the consideration of the indictment by the court in the order of summary court proceedings, has been determined. The author states that a summary court proceeding without a trial in a court session limits the right to a fair trial, provided for by the Convention on the Protection of Human Rights and Fundamental Freedoms. It has been established, that the features of summary court proceedings regarding criminal offenses are: 1) procedural speed; 2) simplification of the procedural form; 3) greater efficiency compared to the "usual" form of court proceedings; 4) changed structure of the proof process; 5) modification (restriction) of certain principles of criminal proceedings. The definition of summary court proceedings for criminal misdemeanors is proposed. The grounds for conducting court proceedings in a simplified manner have been determined, in particular: 1) legal material ground (qualification of the accused's act as a criminal misdemeanor); 2) procedural grounds: a) the presence of the accused's consent to this procedure for consideration of the indictment; b) undisputed recognition by the accused of his/her guilt in committing the incriminated misdemeanor; c) recognition (non-dispute) by the accused of the circumstances of the proceedings, established during the investigation; d) the presence of the prosecutor's initiative (petition) to consider the indictment in a simplified manner
35
ABZALBEKOVA, Maral T., Roza M. ZHAMIYEVA e Bakytzhan A. ZHAKUPOV. "Principles of Acceptance and Mistakes in the Implementation of Criminal Procedural Decisions". Journal of Advanced Research in Law and Economics 9, n. 5 (5 giugno 2019): 1519. http://dx.doi.org/10.14505//jarle.v9.5(35).01.
Testo completoAbstract (sommario):
The relevance of the study problem is caused by the need to ensure the legality, validity and substantiation of criminal procedural decisions, which ultimately leads to the achievement of goals and objectives of criminal proceedings.
Purpose of the article: the purpose of the article is to develop the principles of decision-making by the subject of criminal procedural activity, as well as identifying the typical mistakes in their implementation.
Study methods: The basis of problem solving in terms of criminal procedural decision-making and implementation is the system-based and activity approach and the methodological provisions of the decision-making theory, which allowed to identify patterns in the process of criminal procedural decision-making and implementation by the representative of criminal proceeding bodies and other participants of the proceeding.
Study results: The principle systems of decision-making by the subject of criminal procedural activity is provided; the levels and stages of procedural decision-making and implementation are outlined, typical mistakes made by the subject of criminal procedural decision are determined taking into account the level of decision-making and the violated principle.
Practical relevance: The identified patterns, principles, stages and levels of decision-making, as well as the typical mistakes formulated, will have a significant impact on improving the viability of decisions made in the criminal proceedings, and recommendations based on them contribute to ensuring the rule of law in the activities of judges, investigators, prosecutors and other participants in the proceedings.
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Marochkin, Aleksei, e Viktoriya Slyvnaya. "Limits of proof in criminal proceedings". Law and innovations, n. 2 (30) (2 giugno 2020): 82–86. http://dx.doi.org/10.37772/2518-1718-2020-2(30)-12.
Testo completoAbstract (sommario):
Problem setting. Proving in criminal proceedings is evidence collection and research activity of special subjects of criminal proceedings. The specific purpose of prooving is to obtain knowledge that is close to reality. To achieve this purpose, the theory of criminal procedure operates with the concept of “limits of proof”. In view of the above, it is important to study this phenomenon, because, firstly, there is no legislative regulation, and secondly, there is no unity in the theory of criminal procedure on this issue. Target research. The aim of the work is to define the concept of the limits of proof; to find out the moment of reaching the limits of proof and cases of narrowing and expanding the limits of proof; to analyze case law on this issue. Analysis of recent research and publication. The question of determining the limits of proof, their relationship with the subject of prooving has been the subject of scientific research. In particular, the works of such researchers in the field of criminal procedure as A.R. Belkin, V.V. Vapnarchuk, G.F. Gorsky, Yu.M. Groshev, V.S. Zelenetsky, E.G. Kovalenko, L.D. Kokorev, R.V. Kostenko, R.D. Rakhunov, В.В. Rozhnov, V.G. Tanasovich, F.N. Fatkullin, A.A. Khmirov deserve attention. Article’s main body. The article discusses the concept and significance of the limits of proof in criminal proceedings, analyzes the differences between them and other procedural categories, and analyzes doctrinal developments regarding the criteria for reaching boundaries and judicial practice in cases of expanding or narrowing the limits of proof. Conclusions and prospect of development. Thus, the study allows us to state that the concept of the limits of proof in criminal proceedings is multifaceted and important because it aims to achieve fair trial. The limits of proof are individual for each specific criminal proceeding, and an important criterion for determining it is the standard of proof of guilt “beyond a reasonable doubt”. That is why the future study of this phenomenon in criminal proceedings becomes relevant due to the need to bring national criminal proceedings closer to European standards of justice.
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Mamatkulova, Khosiyat. "Admissibility Of Electronic Evidence In Criminal Proceedings". American Journal of Political Science Law and Criminology 03, n. 02 (28 febbraio 2021): 144–52. http://dx.doi.org/10.37547/tajpslc/volume03issue02-21.
Testo completoAbstract (sommario):
This article attempts to analyze the institution of admissibility of evidence, in particular electronic evidence. Some issues of the specifics of such evidence are also considered. As a result, some recommendations were developed to ensure the issue of admissibility of electronic evidence.
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Rakhimova, Ulzana. "CLASSIFICATION OF FORENSIC EXAMINATIONS IN CRIMINAL PROCEEDINGS". American Journal of Political Science Law and Criminology 05, n. 02 (1 febbraio 2023): 69–74. http://dx.doi.org/10.37547/tajpslc/volume05issue02-11.
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Suyunova, Dilbar Joldasbaevna. "DIGITALIZATION OF CRIMINAL PROCEEDINGS: REALITY AND FUTURE". American Journal of Political Science Law and Criminology 6, n. 1 (1 gennaio 2024): 43–50. http://dx.doi.org/10.37547/tajpslc/volume06issue01-09.
Testo completoAbstract (sommario):
The article analyzes the current state of the issue of introducing artificial intelligence into criminal proceedings, its legal codification in the European Ethics Charter (CEPEJ) and the Ethics Guidelines for Trustworthy Artificial Intelligence. The author examines the issues of using algorithms in criminal proceedings in some foreign countries. The work substantiates the thesis that the inevitable digitalization of the criminal process should help assist the judge in organizational and legal activities, ensure openness, transparency of justice, guarantee the rights and interests of citizens, rights to defense, simplify paperwork and speed up trials. It is impossible to replace a judge with artificial intelligence, since sentencing is related to the moral values, professional and everyday experience of the judge, which cannot be provided by an automated system.
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Muraviev, Cyril V. "CRIMINAL PROCEEDINGS AND REALIZATION OF CRIMINAL LAW". Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, n. 22(4) (1 dicembre 2016): 56–68. http://dx.doi.org/10.17223/22253513/22/7.
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Plakhotnik, O. V. "THEORY OF GAMES IN THE CRIMINAL PROCESS OF UKRAINE". Criminalistics and Forensics, n. 64 (7 maggio 2019): 294–305. http://dx.doi.org/10.33994/kndise.2019.64.26.
Testo completoAbstract (sommario):
The purpose of this article is to reveal the possibility of using game theory in the criminal process of Ukraine. The article deals with the adversarial principle of the criminal proceedings. The presence of conflicting interests of both sides gives rise to the procedural interests of each of them. Defending legal positions with due regard for procedural interests leads to rational behavior of the both sides. Such activities can be called strategic, and the process of achieving the interests of the both sides in criminal proceedings is the strategy of the sides to criminal proceedings. Both sides in criminal proceedings will develop optimal strategies for achieving the appropriate procedural goal. The choice of the optimal strategy of the prosecution or the defense allows you to use game theory, as the theory of mathematical models for making optimal decisions in the context of a divergence of interests of the both sides in criminal proceedings. The article provides a definition of strategy and a definition of Game Theory. Conflicts that are considered in game theory are compared by analogy with a dispute in a criminal proceeding. The work of B.D. Leonov “The role of the theory of strategic behavior (game theory) in the regulation of the fight against terrorism” about the fact that game theory helps to choose the best strategies, taking into account ideas about other participants, their resources and possible actions. The work of A.A. Shiyan “Game Theory: Basics and Applications in Economics and Management” about the need to master the skills and abilities to apply game theory. The work of O.Y. Baev “Selected Works on the Problems of Criminalistics and Criminal Procedure” about the fact that, from the standpoint of the categorical apparatus of game theory, the adversarial principle completely fits into the so-called antagonistic game of two players. It was analyzed the work of O.G. Yanovskaja “Effective implementation of the functions of the prosecution and defense as a condition of adversary criminal proceedings” about the strategy and tactics of advocacy from the perspective of using the concept of solving game theory. It was analyzed the work of Y.A. Tsvetkov “The game of justice: How to increase the gain?” which examines the practical application of game theory in criminal proceedings using the Nash matrix and algorithms for making optimal decisions. It is concluded that the adversarial principle can be applied using ready-made mathematical models to make optimal decisions in criminal proceedings in order to achieve Nash equilibrium and, in general, increase the predictability of the outcome of criminal proceedings. Key words: game theory, criminal proceedings.
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Nasonov, A. A., e R. Yu Malueva. "ON THE NEED TO EXPAND THE BOUNDARIES OF ELECTRONIC DOCUMENT CIRCULATION IN CRIMINAL PROCEEDINGS OF RUSSIA, INCLUDING THE EXTENSION OF THE ELECTRONIC FORM FOR THE PROCEDURE OF APPROVAL OF PROCEDURAL ACTIONS AND DECISIONS". Bulletin of Udmurt University. Series Economics and Law 30, n. 4 (13 agosto 2020): 561–67. http://dx.doi.org/10.35634/2412-9593-2020-30-4-561-567.
Testo completoAbstract (sommario):
The article is devoted to the questions concerning electronic document circulation in criminal legal proceedings of Russia. In particular, it is a question of problems of accurate understanding of “the electronic document”, applied in criminal legal proceedings; delimitation of use of electronic document circulation in criminally-remedial relations; correction of the circle of persons, having an opportunity to use electronic documents in criminal legal proceedings. In the article, a possibility of formation of electronic materials of check of the message on a crime, and also electronic materials of ex-traditional check which is passed about the decision of a question on delivery of the person for criminal prosecution is considered. Besides, the article proves the requirement of distribution of a legal regulation of electronic document circulation on a stage of excitation of criminal case and on the manufactures covered by the international cooperation in sphere of criminally-remedial relations, including manufacture about delivery of the person for criminal prosecution and sentence execution. Arguments in favour of necessity of involving for the electronic document circulation which is carried out within the limits of criminal legal proceedings, along with judges of inspectors, investigators, public prosecutors, heads of investigatory body and chiefs of division of inquiry are resulted. The conclusion about necessity of expansion of criminally-remedial space for use of electronic document circulation is formulated. Conclusions which are done by the authors are based on the analysis of existing theoretical representations and Russian criminally-remedial legislation. Article materials are intended for students, post-graduate students, teachers of legal high schools, science officers, and also workers of law enforcement bodies.
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Shumeiko, D. O. "PREPARATORY COURT PROCEEDINGS IN SPECIAL CRIMINAL PROCEEDINGS". Comparative-analytical law, n. 1 (2020): 607–11. http://dx.doi.org/10.32782/2524-0390/2020.1.151.
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Трефилов, Александр, e Aleksandr Trefilov. "MILITARY CRIMINAL PROCEEDINGS IN SWITZERLAND: JUDICIAL PROCEEDINGS". Journal of Foreign Legislation and Comparative Law 4, n. 4 (18 novembre 2018): 1. http://dx.doi.org/10.12737/art.2018.4.16.
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Tsyganyuk, Yu V., e V. O. Kulebyakin. "Differentiation of the criminal procedural form and its significance for criminal justice". Analytical and Comparative Jurisprudence, n. 2 (23 giugno 2023): 352–57. http://dx.doi.org/10.24144/2788-6018.2023.02.61.
Testo completoAbstract (sommario):
In the article, the authors researching modern procedural legislation pay special attention to the differentiation of the procedural form and establishing its significance for criminal justice as a whole.The authors analyze the theoretical and practical problems of certain differentiated forms of criminal proceedings. Thus, in the article, the authors investigated proceedings in cases involving minors; peculiarities of proceedings regarding persons who have not reached the age of criminal responsibility in the age range from eleven years and up to the age of criminal responsibility; the specifics of the differentiation of pre-trial investigation and court proceedings regarding the application of coercive measures of a medical nature; simplified proceedings regarding criminal misdemeanors; proceedings based on agreements; separate procedural forms that simplify court proceedings; proceedings in a jury trial; proceedings in the form of private accusation; special regime of pre-trial investigation, court proceedings under martial law.The above-mentioned studies are conducted by the authors using both a theoretical understanding of the differentiated forms of criminal proceedings defined above, and an applied component of the analysis of problems that arise in the practice of applying the norms of the Criminal Procedure Code of Ukraine.As a result of the research, the conclusion was formulated that in the conditions of the modern criminal process system of Ukraine, differentiation of forms of criminal proceedings is a necessary element of its effectiveness. The construction of various models and ways of regulating criminal procedural legal relations creates the necessary procedural mechanisms for achieving the objectives of criminal proceedings.The practical level of differentiation of criminal proceedings carried out by the authors includes the assessment of the current criminal procedural legislation regarding the content of the grounds for differentiation and the practice of applying individual differentiated forms of criminal proceedings in the context of achieving the effectiveness of criminal proceedings, identifying problems and developing proposals for their elimination.
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Skrypnyk, Andrii V. "PROBLEMATIC ISSUES OF ALLOCATING MATERIALS FOR PRE-TRIAL INVESTIGATION INTO SEPARATE PROCEEDINGS". Poltava law review, n. 2 (17 aprile 2024): 79–89. http://dx.doi.org/10.21564/2786-7811.2.297371.
Testo completoAbstract (sommario):
The article deals with the problematic issue of extracting the materials of the pre-trial investigation regarding unidentified persons (without notification of suspicion). The factual (material) grounds for separating pre-trial investigation materials into a separate proceeding, developed by domestic judicial practice, are highlighted. Information about the person who committed the offense has been included in a number of sub-legal requirements for the selection of pre-trial investigation materials in the part of maintaining the Unified Register of Pre-trial Investigations. Considerable attention is paid to the study of judicial practice regarding the assessment of the possibility of releasing the materials of the pre-trial investigation without prior notification of the suspicion to the person about whom the proceedings are released. It has been established that a formalized and procedurally formalized connection between the proceeding and the person who allegedly committed it is embedded at the legislative level in the basis of the institution of the separation of pre-trial investigation materials both in relation to the "mother" proceeding (the proceeding from which the materials are extracted) and in relation to the "subsidiary" proceedings (proceedings formed as a result of separation of materials). It was concluded that the criminal proceedings, from which the materials of the pre-trial investigation are to be separated (the "parent" criminal proceedings), must have an evidentially confirmed and formally established connection between the criminal offense and the person who is suspected of committing it, due to which the decision on the separation of pre-trial investigation materials becomes possible only after the person is notified of the suspicion. The judicial practice, which reflects a negative assessment of the separation of pre-trial investigation materials regarding unidentified persons ("by the fact"), is examined in detail. On the basis of the conducted research, it was concluded that the connection between a person and a committed criminal offense is recognized as a mandatory component of a separate criminal proceeding, and the absence of data on a person suspected of committing a criminal offense is perceived as a basis for recognizing the resolution on the selection of pre-trial investigation materials as illegal and as such, which is subject to cancellation.
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Mariniello, Triestino. "International Criminal Court". International Human Rights Law Review 3, n. 1 (4 giugno 2014): 122–45. http://dx.doi.org/10.1163/22131035-00301003.
Testo completoAbstract (sommario):
Between 1 January 2013 and 31 December 2013 the Chambers of the International Criminal Court (icc) delivered several notable judgments and decisions. This comment highlights the most important developments in 2013 concerning pre-trial proceedings, trial proceedings, appeal proceedings, complementarity principle and other developments.
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Dankova, S. O. "The structure of criminal procedural proving in court proceedings in the first instance". Analytical and Comparative Jurisprudence, n. 6 (27 dicembre 2023): 628–32. http://dx.doi.org/10.24144/2788-6018.2023.06.111.
Testo completoAbstract (sommario):
In the article the author emphasizes that the process of proving during the pre-trial investigation and in the court proceedings is significantly different, which is naturally determined by the tasks, conditions, and features of these stages of the process. Proving at the stage of pre-trial investigation is characterized by practical activities aimed at actively searching for factual data, while in court proceedings the emphasis shifts to logical and mental activities related to their research, arguments, persuasion, and justification of decisions. The article supports the concept of distinguishing pretrial and judicial evidence, as they are formed in different procedural conditions. It is proposed to distinguish four elements in the structure of criminal procedural proving in court proceedings in the first instance: 1) formation of evidence; 2) research of evidence; 3) evaluation of evidence; 4) use of evidence. The organizing role in the formation of the evidence base is played by the court, which must ensure the opportunity for the parties of criminal proceedings, other participants to submit materials that have evidentiary value, to submit a request to summon persons to a court session for questioning, to perform other procedural actions. The opinion is supported that the formation of criminal proceedings materials (evidence base) should be carried out in preparatory proceedings. It has been established that not every proceeding carries out an research of evidence - it is absent in the case when the court recognizes the inexpediency of the research of evidence regarding circumstances that are not disputed by anyone, simplified proceedings regarding criminal misdemeanours and proceedings based on agreements. Participants of criminal proceedings use evidence in different ways: the parties and other participants of the proceedings use evidence to justify their legal position both in the proceedings as a whole and in relation to individual issues to be resolved; the court puts them in the basis of the court decision, justifying it. In view of the proposed structure, the author's definition of criminal procedural proving in court proceedings in the first instance is presented.
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Solovyova, O. Ye. "Procedural status of participants in criminal proceedings as a means of securing rights and legitimate interests". Bulletin of Kharkiv National University of Internal Affairs 101, n. 2 (Part 2) (10 luglio 2023): 249–56. http://dx.doi.org/10.32631/v.2023.2.54.
Testo completoAbstract (sommario):
The concept of procedural status of participants in criminal proceedings is considered. According to the Criminal Code of Ukraine, participants in criminal proceedings are parties to criminal proceedings, persons who take part in criminal proceedings. A comparison of this definition with specific norms of the Criminal Procedure Code of Ukraine, which refer to participants in criminal proceedings, shows that the law includes not only persons involved in criminal proceedings, but also the subjects of criminal procedural activity themselves, i.e. officials and bodies that conduct (investigate) criminal proceedings, etc.
The procedure for recognizing a person as a subject of criminal procedural relations established by law is of great importance for ensuring the legality of criminal proceedings and allows to properly protect the interests of persons involved in this field of activity.
Ambiguity of understanding and extended interpretation of the reasons for involvement in criminal proceedings, failure to establish a clear procedure for acquiring the relevant status violate the orderliness of procedural activities, which thus reflects on the legitimate interests of the participants in criminal proceedings. Therefore, a formal approach to determining the circle of participants in criminal proceedings should be followed.
This approach is able to give such positive results as certainty, stability of the procedural provision, predictability of the behavior of participants in criminal proceedings and the results of their actions, as well as to create a logical and consistent system of mechanisms for the exercise, protection and protection of their rights and legitimate interests.
50
Kononenko, V. I. "Analogy in Criminal Proceedings". RUSSIAN JUSTICE 12 (novembre 2018): 89–94. http://dx.doi.org/10.17238/issn2072-909x.2018.12.89-94.
Testo completo