Accused Persons Research Articles

Dissecting a Legal Equilibrium and the Right of the Court to Convict for a Lesser Offence Proved

Criminal justice system administers justice and safeguards the lives and properties of individuals in the society. It is regarded as the stage a defendant passes through until the final determination of his case. One of these stages is the criminal trial of the defendant. Criminal trials are often bedeviled with challenges relating to the appropriate procedures to be followed for proper administration of justice in respect of a criminal charge. When the prosecution or the court faults procedures, it affects the constitutional rights of the defendant and often leads to injustice. When a charge is preferred before the court and the plea of the defendant is taken based on the charge before the court, courts in most cases have formed the usual practice of convicting the accused person based on the evidence of the prosecution whose evidence discloses a different offence from the one charged. This practice violates procedural rules and it is a breach of the right to fair hearing of the defendant. This study examined the procedure in criminal trial, the duties of the court in criminal trial and the constitutional provisions on the rights of the defendant. The study adopted doctrinal research methodology with specific reliance on primary and secondary sources such as judicial decisions, statutes, textbooks, articles, online materials among others. The study concluded that the necessary procedural steps should be observed where the evidence of the prosecution discloses a lesser or different offence other than the one charged and pleaded to by the defendant.

Rights of the accused person in criminal proceedings and cross-border cooperation

Rights of the accused person in criminal proceedings and cross-border cooperation

ՔՐԵԱԿԱՆ ՎԱՐՈՒՅԹ ՄԵՂԱԴՐՅԱԼԻ «ՄՈՒՏՔԻ» ՀԱՄԱՐ ԱՆՀՐԱԺԵՇՏ «ԿԱՍԿԱԾԻ» ՇԵՄԸ (ԻՆԵՐՑԻԱՅԻ ՈՒԺԸ ԿԱՄ ՕՐԵՆՍԴՐԱԿԱՆ «ՀԵՂԱՓՈԽՈՒԹՅԱՆ» ԱՆՏԵՍՈՒՄԸ ԻՐԱՎԱԿԻՐԱՌ ՊՐԱԿՏԻԿԱՅՈՒՄ) / THE THRESHOLD OF “SUSPICION” REQUIRED FOR A DEFENDANT TO “ENTER” A CRIMINAL TRIAL (FORCE OF INERTIA OR IGNORING THE LEGISLATIVE “REVOLUTION” IN LAW ENFORCEMENT PRACTICE)

With the entry into force of the new Criminal Procedure Code of the Republic of Armenia in this, not a short period, an interesting circumstance became clear: Armenian law enforcement practice did not notice (or ignored) the key, in the definition of which it would not be superfluous even to say revolutionary change, which found a place in the Code and was directly related to the status of the accused person. Law enforcement practice has overlooked (or ignored) the abandonment of the "Soviet" threshold of "suspicion" required for a defendant to "enter" criminal proceedings in public prosecution cases and the definition of an entirely new threshold, the standard of suspicion. At the same time, however, the article attempts to justify that the legislator abandoned the "Soviet" threshold of "doubt" only for the "entry" of the accused into criminal proceedings, while for the "exit" of the accused from pre-trial proceedings (into court proceedings) this criterion was retained. This article is devoted to the issues of changing the thresholds of suspicion for the "entry" of the accused into criminal proceedings, discusses the neglect of such a change in legal practice, and the article reveals the possibility of realizing a number of criminal procedural guarantees in the conditions of such changes.

Identification parades in South Africa — Time for a change?

Identification parades are essential when obtaining evidence of identity from eyewitnesses. Eyewitnesses are shown a line of people containing the suspect(s) and innocent fillers, and witnesses are asked to point out the perpetrator(s) of the crime, noting that the perpetrator(s) might not be present. Corporeal (‘live’) parades are required in South Africa unless there is a good reason not to use them, in which case the police may use photograph parades. We review the rules for conducting parades in South Africa and compare these to those in several other countries, many of which no longer use corporeal parades. We consider evidence from empirical studies that have tested the ‘live superiority’ hypothesis and conclude that there is no clear evidence in its favour, notwithstanding that there are benefits to augmenting static views of faces with additional cues to identity. We then consider the logistical and financial cost of conducting live parades, which we find to be considerable. We conclude that it may well be time to reconsider the use of live identification parades in South Africa but caution that this should coincide with a review of the law regulating the use of alternative methods to ensure that accused persons receive fair trials.

Changing Dimensions of Victims’ Rights in The Era of Technology and Innovation within the Criminal Justice System

The current study investigates how victims' rights are changing, as the technology advances. The incorporation of innovation and technology into legal systems is critical for ensuring international peace and order in accordance with Sustainable Development Goal 16, which emphasises universal access to justice. Governments must regulate social behaviour and ensure the safety and property of their constituents. In India, incidents arise in which accused persons gain from a lack of evidence or evidence that has been tampered with, leaving victims with unfair outcomes, and potentially disrupting social order. This study seeks to investigate the underlying causes of maladministration of justice and violations of victims' rights. It will also investigate potential cures, particularly in terms of technological improvements. This study uses a doctrinal legal research technique to investigate relevant national and international laws and policies. This study contributes to the discussion on improving legal mechanisms by shining a light on existing justice delivery systems and pushing for technological integration. The study acknowledges and expands on prior scholarly work in this topic to provide comprehensive insights.

ANALISA LEMBAGA PRAPERADILAN SEBAGAI KONTROL TUGAS PENYIDIK DALAM PROSES PENEGAKAN HUKUM

The purpose of the Criminal Procedure Code is to find and obtain or at least approach the material truth, namely the complete truth of a criminal case by applying the provisions of the Criminal Procedure Code honestly and precisely, with the aim of finding out who the perpetrators can be charged with committing an offense. law, and then request an examination and a decision from the court to find out whether it is proven that a crime has been committed and whether the accused person can be blamed

The Right to Silence Under Scrutiny: Unveiling the Significance of Section 313 of the Code of Criminal Procedure of India

Abstract The often-overlooked provision of criminal law, which holds significant importance is section 313 of the Code of Criminal Procedure 1973. Section 313 grants the accused an opportunity to provide their statement, ensuring their right to be heard and preventing self-incrimination. This article explores the background, evolution, and objectives of section 313 CrPC, as well as its alignment with the principles of natural justice. The main aim of the article is to demonstrate how India still falls short in upholding the right to silence as per section 313, through a detailed analysis of various judgments passed by the Supreme Court of India, and laws enacted in other jurisdictions around the world. The article addresses the issue of Indian courts using adverse inferences from an accused person’s silence, which conflicts with Article 20(3) of the Indian Constitution. It argues that drawing such inferences should be reconsidered by the courts, as it contradicts important legal principles and undermines the right to a fair trial.

Health sector corruption in the times of COVID-19 pandemic in Bangladesh: Newspapers as mirrors of society

ObjectiveThis paper aimed to identify and explore the major areas of health-sector corruption during COVID-19 pandemic as revealed in the print media. Findings are expected to mitigate health sector corruption in the country and contribute to strengthening the health systems. Method2588 news articles on health topics were identified through scanning six leading newspapers in Bangladesh during Mar. 2020 to Mar. 2021. Of these, 97 news articles focusing on corruption in health system were selected for analysis. FindingsFindings reveal an all-embracing corruption at every stage, starting from procurement of medical supplies, to testing for COVID-19 to treatment and management of COVID-19 cases. The news papers reported about the low quality and general-purpose masks given to the frontline health workers, putting their personal protection from the virus at risk. Due to lack of stewardship and an effective monitoring system, quite a few private facilities were providing fake COVID-19 certificates, medicines and medical equipment at very high prices. For example, one particular hospital provided almost two thousand COVID-19 test certificates without testing. Although PPEs were originally sold at BDT 2000 per piece, double the amount was proposed for buying PPEs. Meropenem injection of the same quality was purchased by different government hospitals at unusually high prices. Among the measures taken to contain corruption during COVID-19 included filing cases, issuing arrest warrants and asking for submission of wealth statement and source of income of the accused persons. However, some of the accused eventually got released on bail. ConclusionThe media, as a mirror of the society, successfully made visible the underhand corruption that was happening even during the pandemic, fulfilling its obligations to the society. They faced quite some challenges in revealing related news, especially from the government whose initial reaction was of denial and indifference.Due to lack of transparency and accountability in the sector, the patients as well as the healthcare providers had to suffer a lot.

Familiarity and Fear

Research into historic media coverage of child-homicide cases in New Zealand between 1870 and 1930 reveals that giving prominence to the murderer, rather than the victim, was a long-standing and consistent newsroom practice. Across the six decades, the names of the accused were published three times as frequently as the names of the victims. The research further reveals that legislative changes restricting the media’s power to report name details of accused persons had no discernible effect on how frequently accused child killers were named in the period. However, particular factors such as the murderer’s relationship to the victim, the murderer’s gender, and the salaciousness of the crime, appear to have had some impact on the media’s decisions to name those involved.

Role of Judiciary in Protecting Witnesses in the Criminal Justice System: A Critical Analysis

Witnesses are the eyes and ears of the Criminal Justice System. Witnesses being the only spectator of an offence are the indispensable aid in the Criminal Justice Delivery System but are yet at a vulnerable position that they turn victims at several instances. Starting from the investigation stage to the trial proceedings of the court witness assist the Court in every possible way to punish the accused person by deposing every relevant fact which can lead to a fair justice delivery and conviction of the accused person without getting any gain. Witnesses are often subjected to threatening, inducement, harassment, and different kinds of intimidation to them and also their family members. Due to this, in many cases due to lack of Witness Protection Laws the witnesses not getting adequate protection they become victims. Unlike the accused, the witnesses or victims have no rights for their protection. And when the state agencies fail to do their duty, as has often happened in many cases in the recent past, the witnesses turn out to be a victim and subsequently left to suffer injustice silently. Protection of witness is also one of the attributes of fair trial which is guaranteed under Article 21 of the Constitution of India wherein proper safety and security should be ensured. But due to lack of effective Witness Protection Regime and statutory framework for giving protection in our country the witness has lost confidence when it’s about their safety and security. This has also given rise to high acquittal rate and decrease in convictions in the justice administration system. The Judiciary has actively given importance for having witness protections Laws in India and at the same time has enumerated the duties of Witnesses towards the state when the state is providing protection.

Custodial Congestion: An Examination of the Legal Hurdles of Holding Charge Practice in Nigeria

Custodial congestion still persists as one of the biggest challenges to Nigeria’s Criminal Justice System. This is attributed to the operation ineptitudes of the Nigerian police force which employs means such as holding charges. This paper examines the practice of holding charges in Nigeria as a major contributor to the congestion of correctional facilities in Nigeria. This paper contends that the practice of holding charges is unconstitutional; in violation of the principles of fair hearing; and presumption of innocence and merely a means of administrative expediency. This paper concludes that the practice of holding charge in Nigeria undermines the rights of accused persons and calls for urgent reforms to the Nigerian criminal justice system to ensure that the protection of human rights is in tandem with the basic international human rights laws which mandate States to respect and ensure everybody’s right to personal liberty and security, and therefore, proffer some policy recommendations.

What Natural Law Is Not: Distinguishing Natural Law from Other, Related Normativities

Custodial congestion still persists as one of the biggest challenges to Nigeria’s Criminal Justice System. This is attributed to the operation ineptitudes of the Nigerian police force which employs means such as holding charges. This paper examines the practice of holding charges in Nigeria as a major contributor to the congestion of correctional facilities in Nigeria. This paper contends that the practice of holding charges is unconstitutional; in violation of the principles of fair hearing; and presumption of innocence and merely a means of administrative expediency. This paper concludes that the practice of holding charge in Nigeria undermines the rights of accused persons and calls for urgent reforms to the Nigerian criminal justice system to ensure that the protection of human rights is in tandem with the basic international human rights laws which mandate States to respect and ensure everybody’s right to personal liberty and security, and therefore, proffer some policy recommendations.

Topical issues of proving in criminal cases with a pre-trial cooperation agreement

The article deals with problematic issues of criminal proceedings against persons with whom a pre-trial cooperation agreement is concluded. The implementation of the norms of the institute of a pre-trial cooperation agreement provided for in Chapter 40.1 of the Code of Criminal Procedure of the Russian Federation, in practice leads to the consideration by the court of criminal cases with a pre-trial agreement without examining the evidence of the prosecution, which gives rise to reasonable doubts about their legality, validity and fairness. Judges are limited in their ability to form a proper idea of the proof of the guilt of the accused person on the basis of their own inner conviction and are forced to rely on the conclusions of the preliminary investigation, which does not always turn out to be performed at a sufficiently satisfactory level due to the lack of incentive for investigators to create a sound and reliable evidence base for the prosecution in connection with the accused’s stated consent to the charge and the obligations assumed to assist the preliminary investigation authorities in uncovering crimes and exposing their accomplices. As a result, there is a real risk of conviction of innocent people, which is confirmed by examples from judicial practice. Provided for by part 7 of Article 316 of the Code of Criminal Procedure of the Russian Federation, the condition of the decision in a criminal case with a pre–trial cooperation agreement is «only if the judge comes to the conclusion that the accusation with which the defendant agreed is justified, confirmed by the evidence collected in the criminal case» exists only nominally, since appropriate means, due to the lack of the court’s ability to carry out a full-fledged judicial investigation, for this clearly not enough. As a result, the question arises about the expediency of existence of the institution of a pre-trial agreement, at least in the legal regulation that is currently provided for by the criminal procedure law.

Peculiarities of a court decision in criminal proceedings involving persons suffering from mental disorders

The article, based on the analysis of the provisions of criminal and criminal procedural law and relevant judicial practice, reveals the peculiarities of the court decision in which compulsory medical measures are applied to persons with limited criminal convictions. Such peculiarities include: the adoption of a court decision regarding defendants with limited convictions in the form of a sentence; the regulatory limitation of the variability of compulsory medical measures only by the provision of outpatient psychiatric care on a compulsory basis; inconsistency in the terms of the prescribed punishment and the use of compulsory medical measures. The latter determines the logic of the question regarding the need for the simultaneous application of two criminal-legal measures of a different nature. It is noted that the procedure for applying compulsory medical measures to persons with a limited criminal record is related to criminal proceedings regarding the application of compulsory medical measures (Chapter 39 of the CPC).In the context of the problems considered, the issue of the possibility of concluding and approving an agreement in criminal proceedings involving persons suffering from mental disorders is investigated. Both court decisions that approved such an agreement and court verdicts that refused to approve the agreement are analyzed from the point of view of argumentation. In terms of three key aspects (the subject of criminal procedural consensus; voluntariness as one of the manifestations of criminal procedural capacity; prospects for fulfilling the terms of the concluded agreement), the position is expressed regarding the expediency of enshrining at the legislative level the impossibility of concluding and approving an agreement with the participation of a suspect, an accused person who has a limited criminal record. It is proposed to extend a similar approach to the victim suffering from mental disorders and to determine that it is impossible to conclude a reconciliation agreement with their participation.

Sentencing for treason under martial law

The article examines the issue of punishment for treason under martial law. It was found that in view of the full-scale invasion of Russia on the territory of Ukraine, the criminal legislation was supplemented by Part 2 of Art. 111 of the Criminal Code of Ukraine, which provides for responsibility for treason committed under martial law, and establishes a more severe punishment in the form of imprisonment for a term of 15 years or life imprisonment, with mandatory confiscation of property. 50 guilty verdicts passed by courts of first instance in criminal proceedings under Part 2 of Art. 111 of the Criminal Code of Ukraine. The results of such a study made it possible to determine some trends in the imposition of punishment for such a crime. It has been established that treason under martial law is committed under similar legal circumstances, which can be generalized and classified. During the research, it was established that in the absolute majority of cases for the commission of treason, regardless of the circumstances of the crime, mitigating and aggravating circumstances, data about the accused person, the courts impose a minimum sentence of 15 years of imprisonment with full or partial confiscation of property. At the same time, the maximum punishment in the form of life imprisonment is imposed in isolated cases, which, however, raises doubts about the expediency and justification of its appointment. It is established that the courts when choosing the amount of punishment, as required by Art. 65 of the Criminal Code of Ukraine, take into account data on the identity of the culprit and circumstances mitigating and aggravating the punishment. There were also cases of a milder punishment than provided for by the sanction of Part 2 of Article 111 of the Criminal Code of Ukraine, on the basis of Art. 69 of the Criminal Code of Ukraine. It is assumed that such cases of application of Art. 69 of the Criminal Code of Ukraine are not always justified and sometimes excessively reduce the punishment in comparison with the size of the punishment provided for in Part 2 of Art. 111 of the Criminal Code of Ukraine. The situation with the appointment of a minimum punishment within the scope of the sanction and the application of Art. 69 of the Criminal Code of Ukraine is explained by the imperfection of the sanction, which is difficult from the point of view of law enforcement. Based on the results of the analysis, the assumption was made that the sanction under Part 2 of Art. 111 of the Criminal Code of Ukraine, as well as suggested ways to solve this problem. Key words: treason, national security of Ukraine, martial law, punishment, sentencing, life imprisonment, an absolutely defined sanction, transfer to the side of the enemy, subversion, aggressor state, differentiation of criminal responsibility, individualization of punishment, confiscation of property.

Building a Qualitative Research Framework for Researching How Human Dignity is Realised in Judicial Proceedings†

Abstract The relationship between the judge and the parties to judicial proceedings must entail communication, including appropriate reactions, during the proceedings and be balanced and respectful, despite different views being held. Irrespective of a judge disagreeing with the parties and any actions by the parties in breach of the law, the judge is supposed to provide the parties with a genuine sense of respect. Judges thereby help realise the human dignity of the individuals involved in judicial proceedings. However, the abstract nature of the concept of human dignity means empirical research on the realisation of human dignity remains modest at the scientific level. This article builds a research framework for researching the ways in which the human dignity of an individual (more specifically, the accused person) is realised in the vertical relationships (judicial authority–individual) during criminal proceedings. In this respect, the article opens the door for future empirical research on the realisation of human dignity.

Воєнні злочини в кримінальному праві України

The article highlights the concepts, signs and classifications of war crimes. Disclosure of the meaning of the concept of "war crime" taking into account the provisions of international criminal law. Attention is focused on revealing the meaning of the concept of "war crime" taking into account the provisions of international criminal law. Ukraine is going through a difficult period of history associated with the armed conflict in the east of the country. This creates a serious need for the study and regulation of war crimes in the context of national criminal law. The formulation of the problem focuses attention on war crimes as an object of research. This allows us to determine the specificity of these crimes and the need for their separate legal regulation. Criminal acts in the context of armed conflict have their own characteristics and may differ from crimes committed in peacetime. Further research of this problem may include an analysis of the legal regulation of war crimes in Ukraine, a comparison with international norms, a study of the practice of prosecution of war crimes, as well as the development of proposals for improving legislation in this area. The article reveals the concept of a war crime in the criminal law of Ukraine, its characteristics, the list of war crimes provided for by the Criminal Code of Ukraine. Information is provided on the legal status and concept of war crimes according to Ukrainian legislation, as well as an analysis of international norms that regulate this problem. The problems of war crimes, the ways of their solution and regulation are disclosed. Analysis of sanctions for the commission of war crimes provided for in accordance with the legislation of Ukraine. Analysis of ensuring the rights of suspects and accused in war crimes, as well as compliance with international standards. Classification of war crimes of Ukrainian criminal law, which includes: crimes against peace, crimes against civilians and war crimes. Analysis of the protection of the rights of an individual, as well as ensuring a fair trial for suspects and accused persons.

A Legal Critique of the Offence of Murder Arising from the Doctrine of Last Seen

Man is a social animal that interacts and associates with other people in his environment. But there are situations where his human relationship may be negatively impacted. One of such instances is a situation where the person who was last seen with the accused dies and the accused is presumed to be liable for the death of the person. The doctrine of last seen is often relied upon by the prosecution in such circumstance. The doctrine of last seen is a principle in the offence of homicide particularly murder. It is one of the concept or principles that points to the accused person as the culprit responsible for the death of the deceased/victim. For an accused person to be held liable and convicted for the death of the deceased, the evidence of the prosecution must be compelling, irresistible and point to the accused person. This study examined and carried out a critique of the doctrine of last seen as one of the principles of murder with particular reference to an examination of the concept of murder, the doctrine of last seen, the exceptions thereto and the consideration of the doctrine of last seen in India. This study adopted doctrinal research methodology and also placed reliance on both primary and secondary sources. This study concluded that this doctrine should be painstakingly applied to avoid a hasty and erroneous or fatal conclusion as to the cause of death of a person who was last seen with the accused person.

Witchcraft accusations and older adults: insights from family members on the struggles of well-being

ABSTRACT In Africa, witch doctors are consulted not only for healing diseases, but also for invoking curses. There has been a paradigm shift involving the types of people often accused of using witchcraft in response to the changing political, economic, and social landscape, and the most affected group is older adults. While efforts are being made to eliminate accusations and lynching, little attention is paid to understanding the experiences of accused older adults and their families. The study collected data through face-to-face interviews from 12 family members of accused older adults who are living in their communities to identify their wellbeing challenges. The findings of this study will offer significant contributions because a lot of attention has been given to older adults confined in “witch” camps, but this paper looks at those in the communities. The study found that ostracism and marginalization, as well as emotional and psychological distress, are key wellbeing challenges experienced by older adults and their families accused of witchcraft. The findings suggest that there is a need for governmental involvement in actively enforcing existing laws that criminalize banishment of accused persons and recognizing that victims of such accusations need trauma-related support services which is currently non-existent. Specifically, a clarion call is placed on the Ministry of Gender, Children and Social Protection to spearhead reforms around trauma-related support provision.

Examining police officers’ preparedness and attitude in conducting investigative interviews in the Philippines

The field of police examinations has made great strides shifting towards a more ethical and basic aspiration of amplifying the quality and volume of data from suspects, rather than the narrow focus on carrying a concession of guilt (Milne & Bull 1999). In recent studies, analysis of the inquiry-based practices of interviews with suspects and accused persons showed that appropriate practices are not being used often. (Snook et al, 2012). It revealed that most of the officers used counter- productive and risky questions that limited narrative responses from the youth offenders (Del Rosario & Ballesteros-Lintao, 2018). Using qualitative research through interpretative phenomenological analysis (IPA), this study aims to examine the attitudes employed and the preparations done before conducting an investigative interview. Nine transcripts of audio-recorded interviews from various investigative officers of Tacloban City police officers were analyzed using thematic analysis. The results yielded reveals that there are positive relations between the police officers’ attitudes and presentation in conducting investigative interviews. Participants who can build rapport and are equipped with necessary tools and information can generate reliable and more extensive information.