Admission Of Guilt Research Articles

Considerations On The Nature Of The Co-Operation Proceedings And The Legislative Regulation Of Separate Related Issues

This article explores certain fundamental issues concerning co-operation proceedings as simplified form of judicial procedure, introduces its definition and terminology used therein. The institution above has entered into the field of application in the domestic legal system relatively recently, which means that a number of problems have arisen and will arise in practical work, the prior discussion of a part of which can certainly contribute to the search and application of their most accurate solutions, which also demonstrates the relevance of this study. The problem of this article is to highlight the problems that may arise in the application of the co-operation proceedings, to discuss their legal regulations, to highlight the problematic and effective aspects, and to propose certain solutions as the goal of the work. Boundaries of co-operation, motion of the accused, the decision made by the supervising prosecutor on the motion, issues regarding the opinion of the investigator, "unsuccessful" co-operation, possibility of signing a cooperation agreement as a result of negotiations in the absence of a clearly expressed position of the accused regarding the admission of guilt in the act attributed to him, submitting the motion directly to the prosecutor have been discussed under the article and proposals have been presented. The situations when a person, not being formally accused, essentially co-operates with the preliminary investigation bodies, without being informed that the information under his or her possession could become the subject of co-operation proceedings, are also discussed. The considerations made in the article on the indicated issues can further improve the existing legal regulations to the benefit of private and public participants in the proceedings.

FEATURES OF EXPERIENCE AND COPING BEHAVIOR OF PARENTS OF CHILDREN WITH CANCER

The results of the study presented in the article aimed at finding out and empirically investigating the psychological factors of the experiences and coping behavior of parents of children with cancer. The sample includes parents of children with cancer who were treated at the National Cancer Institute of the Academy of Medical Sciences of Ukraine and the Dacha Rehabilitation Center (Kyiv). Number of respondents - 61 person, 58 women (95.1%) and 3 men (4.9%), average age - 38.21 years; used tools: method "SAN" (modification of V. Doskin), method "Self-assessment of emotional states" (A. Wessman, D. Ricks), author's questionnaire to identify objective components of the situation associated with cancer in children; test "Strategies of overcoming behavior" (R. Lazarus, adapted by L. Wasserman and E. Trifonova); G. Eisenko's personal questionnaire (edited by A. Shmelev and V. Pokhilko) and the Test of Meaningful Life Orientations (adapted by D. Leontiev). SPSS 17.0 Statistics for Windows software package was used for statistical processing of the obtained results. It was found that the current emotional state of the subjects is relatively safe, but unstable; the situation is assessed by them as moderately positive. Aggravating factors in assessing the causes of the disease are fatalism and admission of guilt. The structure of coping behavior revealed the average level of representation of almost all types of coping and its weak differentiation, which indicates the lack of a clear coping model. It is concluded that the experiences and coping behavior of adults in an uncertain situation are closely related and due to a number of objective factors of the situation, correlate with the subjective characteristics and personal characteristics of its participants. Some objective characteristics of the situation and social-economic characteristics of its participants have some influence on the current emotional state and are partly related to the interpretation of the causes of the disease and the attitude to the disease as fate; aggravating factors of experience in assessing the causes of the disease are fatalism and admission of guilt, along with objective reasons; the greatest influence of the studied objective factors on the perception and assessment of the situation and/or the choice of coping strategies has an existence of hobby. Those relatives who use the coping strategy "Escape ‒ avoidance" need the most psychological help - its actualization correlates with a negative emotional state.

How sorry are you? Intensified apologies and the mediating role of perceived remorse in corporate crisis communication

This article reports the results of a between-subject experiment investigating the direct and indirect effects of intensified apologies on purchase intent. The study adopts a linguistic approach to apologies and operationalizes them based on Blum-Kulka and Olshtain’s (1984) apology framework. The study compares the effectiveness of a simple apology (‘We’re sorry’) to four intensified apologies which - in addition to expression of remorse - contain one of the following apology strategies: a) intensification through adverbials, b) admission of guilt, c) offer of repair or d) promise of forbearance. In addition, the study examines the role of perceived remorse as a mediating factor between intensified apologies and purchase intent. Intensified apologies containing adverbials and offer of repair are found to have a positive effect on perceived remorse which, in turn, leads to higher purchase intent. The experiment is the first one in the field of corporate crisis communication to examine the mediating role of perceived remorse in intensified apologies.

Peculiar Case of GMC vs Pandian

This editorial reviews the recent judgement by the MPTS of Dr Pandian's apology for distress caused as an admission of guilt in a peculiar scenario where contemporaneous notes made of an examination by Dr Pandian were discounted in favour of a recall by a patient of the event- of whether a physical examination had occurred. The punitive sanction by the MPTS appears to have gone against the regulator's guidance to professionals following the Duty of Candour regulation of 2014, amending the Health & Social Care Act 2008. The editorial reviews the construct of honesty, the prevalence of dishonesty in the profession and whether recall bias may have influenced the scenario. The background of institutional racism against minority communities believed by many in the profession to exist in the health service and the actions of the regulator are also considered in this case.

Makna Persembahan Korban Sebagai Penghapus Dosa Berdasarkan Efesus 2:5-9 Dan Implikasinya Bagi Orang Percaya Masa Kini

Sacrificial offerings are something that cannot be separated from the beliefs of every believer. Christ willingly died on the cross to redeem His people. Therefore, how important the sacrifice of Jesus Christ is for humanity. For that, it is very important to understand the meaning of the sacrifice of penance. The meaning of the sin offering is an admission of guilt before God. the meaning of the sin offering must be known from the old and new testaments, namely the sin offering. The sin offering in the Old Testament was the sacrifice of a lamb to take away the sins of God's people. In the new covenant, the sin offering is Jesus Christ, who died on the cross as a sin offering in Ephesians 2:5-9. Therefore, it is very important for believers today to know and understand the true sacrifice and sin offering.

Settlement on Admission of Guilt – Pros and Cons

Aim: The settlement on the admission of guilt is a relatively new legal institution in our criminal procedure law. Not even five years have passed since the entry into force of the relevant regulation, however, the representatives of the profession are still keenly interested in the question of whether the results of the legal application of the agreement justify the legislator’s expectations. The author of this study aims to reflect on some significant critical professional observations from his point of view.Methodology: The author discusses the regulatory history of the legal institution and the legislative intent behind it. It quotes the most important scientific research results. Eventually, it draws conclusions based on statistical indicators.Findings: The low statistical data of the settlement does not give a complete picture to consider this legal institution. According to the author’s point of view, it is not merely a question of quantity but also quality. It can be concluded that, in practice, settlement typically takes place in complex, complicated cases, whose financial and human resources, as well as their social focus, exceed the average.Value: The study sheds light on the issue of how the settlement is judged from a new angle, therefore shading the criticism that this legal instrument did notfulfil the expectations attached to it.

SUD TERGOV AMALIYOTIDA PROTSESSUAL KELISHUVLARNI DIFFERENSIATSIYA QILISH VA TAKOMILLASHTIRISH MUAMMOLARI

This article aims to analyze the problems of differentiation of procedural agreements in the practice of judicial investigation. A plea agreement is an agreement made between the prosecutor and the suspect, the accused, or the defendant at any stage of the criminal proceedings and in other cases provided by law. According to the author’s opinion, the essence of the procedural agreement is its dependence on the accused’s attitude towards his guilt, that is, a differential approach. Regardless of the plea agreement, the judge’s obligation to examine and evaluate the available evidence in the case is an important guarantee aimed at ensuring that innocent persons forced to enter into a plea agreement as a result of physical or mental coercion are not convicted. The article also explains and substantiates the need to clearly define the circumstances that must be determined in cases where a procedural agreement has been concluded. The article also explains and substantiates the need to clearly define the circumstances that must be determined in cases where a procedural agreement has been concluded. The article also analyzes the criteria for differentiating the forms of a procedural agreement. The author made a comparative analysis of the forms of a procedural agreement, such as a procedural agreement on the admission of guilt, a procedural agreement on reconciliation, an agreement on cooperation with the investigation. The problems of differentiation of procedural agreements in the practice of judicial investigation of foreign countries and various legal systems are investigated.

Fighting crime as a life strategy (touches to the portrait of the Academician)

April 2023 marks the 100th anniversary of the birth of the outstanding Soviet and Russian lawyer, criminologist, Academician, Vice-President of the Russian Academy of Sciences Vladimir Niko-laevich Kudryavtsev. The article, based on the scientific heritage of V.N. Kudryavtsev, reveals topical issues of combating crime: starting with general philosophical ideas about criminal behavior and end-ing with specific aspects of the preliminary investigation and trial. Special attention is paid to the state-legal ideology, its necessity in a democratic state governed by the rule of law. The issues of criminal policy, crime prevention, and the use of punishment are considered. The absolutization of the ac-cused’s admission of guilt and the accusatory bias in the administration of justice are criticized.

Эмпирические данные применения современных средств стимулирования обвиняемого к добровольному признанию своей вины по состоянию на 2022 год

The admission of guilt by the accused has always been relevant for the criminal process in Russia. For many years it occupied the position of the “queen of evidence” and had to be obtained by any means. The most common means of obtaining such a confession was torture. However, as a result of the criminal procedure reform, the accused’s confession of his guilt has become an ordinary, ordinary proof.
 Despite the complete change in its status, it still remains necessary for the criminal process of Russia. In this regard, positive means of stimulating the accused have been developed for many years, which would not violate his rights and would not force such a confession. Currently, we have a whole set of effective and practical means of stimulating the accused to voluntarily admit his guilt. However, not all of them are relevant.
 Thanks to the statistical indicators for 2021, as well as the survey conducted, the author identified the most popular means of encouraging the accused to voluntarily admit his guilt, as well as the least implemented in practice. In addition, this article reflects the dynamics of the implementation of incentive funds over the past five years, as well as conclusions for each of the funds presented.

Humanity Values on Reconciliation in Criminal Law: Indonesian Criminal Law Renewal Perspective

The aim of the paper is to explain humanitarian values on reconciliation of criminal law in the reform of the Penal Code. Reconciliation is a tool to accomplish a problem or law cases that occur in the private and public fields. Currently, reconciliation has been often used to resolve criminal cases, because this solution is more oriented toward human values. The research is library studies, so secondary data (journals, legal documents, and literature) is the main data. The result of the research shows that there are two approaches to discussing human values of reconciliation. Firstly, the values approach shows that reconciliation as consensus - discussion is an admission of guilt in the form of apology, which is containing equality values, rationality, frankness, righteousness, and transparency. Secondly, the policy approach indicates that consensus – the discussion has flexible value and is proportional.

Insignificance of an Act (Part 2 of Article 14 of the Criminal Code of the Russian Federation): Issues of Law Enforcement

The article is devoted to the analysis of the stipulated part 2 of Art. 14 of the Criminal Code of the Russian Federation of insignificance of acts. Examining the relevant normative instructions, explanations of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, the scientific literature, the Author comes to the following conclusions. Not always the presence of an aggravating circumstance in an act excludes the possibility of applying to it the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation. Of course, the onset, for example, of grave consequences as a result of an offense (clause “b” part 1 of article 63 of the Criminal Code of the Russian Federation), reduces to zero the likelihood of recognizing it as insignificant, however, the commission of an action (inaction), in particular, as part of group of persons (clause “c” part 1 of article 63 of the Criminal Code of the Russian Federation) reduces, but does not completely exclude such a possibility. It does not automatically predetermine a positive solution to the issue of insignificance and the presence in the act of a mitigating circumstance, let's say, its commission on the motive of compassion (clause “h” part 1 of article 61 of the Criminal Code of the Russian Federation), but the less extenuating circumstances in the deed, characterizing the committed action (inaction), and the greater the number of such aggravating circumstances, the less likely it is that the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation (and vice versa). It is possible to recognize as insignificant a violation (for example, theft) committed against “particularly vulnerable” categories of victims, for example, pregnant women, the elderly. It is not excluded that an action (inaction) that formally contains signs of a crime of any category (mostly, of course, of minor or moderate gravity) is considered insignificant, but the more “heavier” such a category is and the more “qualified” the corpus delicti, the signs of which contain act, the less likely it is that the provisions of Part 2 of Article 14 of the Criminal Code of the Russian Federation will be applied to it. Voluntary surrender; remorse for what you have done; compensation by a person for damage or otherwise making amends for the damage caused by the encroachment; contributing to the disclosure and investigation of the incident; admission of guilt by the offender; his reconciliation with the victim are not circumstances characterizing the insignificance of the act, since in part 2 of Article 14 of the Criminal Code of the Russian Federation we are talking about the insignificance of the committed action (inaction), and not about the behavior of the perpetrator after the commission of the act.

Лингвокультурная специфика речевого акта извинения в китайском языке

The paper aims to shed light on the national specificity of Chinese apology by demonstrating the linguocultural features of the act of apology in the Chinese language. The specificity of the speech act of apology in the Chinese language is due to the peculiarities of speech etiquette, as well as the peculiarities of the national mentality, moral and ethical norms, the way of life and thinking of the Chinese people, their values, traditions and customs. Scientific novelty of the work lies in the fact that the speech act of apology is analysed from the viewpoint of its communicative-pragmatic and linguocultural specificity and is associated with the concept of face-saving. The admission of guilt in Chinese linguoculture is equivalent to loss of face, which is why the Chinese language has developed a number of linguistic means that allow the speaker to avoid an emotionally tense situation. This is attributable to the fact that in Chinese, apologies can be divided into two classes, i.e. phrases of confession of guilt and phrases of requests for leniency/forgiveness. In addition, there is a subgroup of “pseudo-apologies”, which, being apologies form-wise, are a way of expressing gratitude content-wise. As a result of the study, it has been found that there are apologetic performatives in the Chinese language, but speech clichés realising a compensating behaviour strategy that allow the speaker to reduce the degree of their guilt and thereby save face are more common.

Restoration of Relations Between the Victim and The Perpetrator, A Reality or Utopia

Restorative justice theory and programs have emerged over the past 35 years as an increasingly influential opportunity worldwide to practice criminal justice, based on the principles of restorative justice that, Crime causes harm and justice seeks to repair that harm; People who have been harmed must be able to take part in resolving it; The responsibility of the state is to preserve society to build peace. The fact of committing a certain criminal offense presupposes the mobilization of various legal mechanisms which are undertaken by certain competent bodies which must prove the fact whether we are really dealing with a criminal offense, the victim, its perpetrator and other issues that are directly related within these legal mechanisms, which is the purpose of research or study of the problem. The possibility of reconstructing the relations between the victim and the perpetrator in this paper is treated in the mediation procedure, the procedure on admission of guilt and compensation in damages in post-criminal proceedings according to the hypothesis of what are the possibilities of reconstructing relations between the victim and the perpetrator as current at the national, regional and international level, in a plane with the historical method and the normative method and presents the basic design of the research (study). The hypothesis with the results of the research has been tested that the reconstruction of relations between the victim and the perpetrator in the mediation procedure reaches the highest possible level, as opposed to a decrease in the level of reconstruction of relations between the victim and the perpetrator in the agreement of guilty plea, as well as the decrease in the lower degree of the possibility of reconstruction of relations in the post-criminal phase. Finally, the possibility of reconstructing the relations between the victim and the perpetrator is higher in the minor criminal offenses because the damage caused is smaller and presents a real possibility, while in serious criminal offenses such as murder, the reconstruction of relations it is simply utopia.

Haste Makes Waste: Why China's New Plea Leniency System is Doomed to Fail

AbstractIn 2016, China introduced an ‘Admission of Guilt and Acceptance of Punishment’ system (known as ‘plea leniency’) premised primarily on the ideal of punishing crime efficiently while advancing the protection of human rights. In this article, I challenge this official rationale by critically examining the legitimacy of plea leniency as a rights-based approach to crime. Drawing on procedural justice theory, I use extant research data and online criminal judgments from the courts in Shanghai to unravel manifold mismatches between the plea leniency process and a procedurally just decision-making process that respects individual rights. My contention is that the operational dynamics of plea leniency is weighed heavily towards efficacy with little regard for the fundamental norms of due process and fairness in which the procedural legitimacy of this new form of summary dispositions is grounded. By tying the expedition of criminal proceedings to guilty pleas, plea leniency represents a discursive continuity of China's broader criminal justice culture, and as such, it fails in operating on a more just, respectful, and communicative basis to accommodate defendants’ interests which stand at the core of its operation.

СОГЛАШЕНИЕ О ПРИЗНАНИИ ВИНЫ КАК ГАРАНТИЯ ОБЕСПЕЧЕНИЯ ПРАВ ЛИЧНОСТИ В УГОЛОВНОМ ПРОЦЕССЕ

The article analyzes the issues of determining and concluding an agreement on admission of guilt, regulating relations to simplify the criminal process, protecting the interests of the individual in the framework of criminal proceedings. The author analyzes the positive experience of the United States, as a country where the institution of plea agreement is already widely used, and the possibility of applying this experience in the conditions of the Republic of Uzbekistan. It is argued that the consent of the suspect or the accused is not enough to conclude an agreement on the confession of guilt, and the will of the prosecutor as a party to the agreement is also necessary, since it is the latter that is indicated in the Criminal Procedure Code of the Republic of Uzbekistan as a subject with such powers. However, in order to ensure a balance in the framework of criminal proceedings and the protection of individual rights in criminal proceedings, in order to make the plea agreement legal force, it is necessary to involve a third party who could verify the admissibility of concluding such an agreement. The role of this third party that can influence the outcome of the agreement is the court, which is vested with the authority to approve or refuse to approve the agreement. The author, analyzing the experience of the United States, notes that in the future it is possible that an agreement on admission of guilt will take the parties in a completely different direction, since they seek to settle a criminal case by simplifying the procedure when an innocent person is ready to admit and conclude an agreement, rather than spend resources on acquittal.

Confession to Make: Inadvertent Confessions and Admissions in United Kingdom and United States Police Contexts.

Previous studies have addressed many different kinds of confessions in police investigations – real, false, coerced, fabricated – and highlighted both psychological and social mechanisms that underlie them. Here, we focus on inadvertent confessions and admissions, which occur when a suspect appears to be confessing without being fully aware of doing so, or when police officers believe they have a confession or admission of guilt when in fact this is not the case. The goal of the study is to explain when, how and why these confessions and admissions occur as well as how they are dealt with in two different jurisdictions, the United States and the United Kingdom. We use a discourse analysis approach because inadvertent confessions and admissions of guilt are the product of miscommunication – they happen because the speaker’s meaning and the hearer’s meaning are misaligned. The data consist of 50 interviews from the United Kingdom and 50 interrogations from the United States with both English-speaking and non-English speaking suspects. Our results demonstrate that inadvertent confessions can occur in both locales due to reliance on inference, which is inevitable since inference is the backbone of any human communication, as well as due to additional factors such as linguistic, cultural and procedural issues. We found that these phenomena are more frequent and less well controlled for in the United States context due to (a) no systematic checking of understanding, (b) adversarial questioning techniques and an absence of legal representation, and (c) lack of professional, high-quality interpreting. We discuss the implications of our findings for current efforts to improve access to justice, custodial procedures and language services, and we make recommendations for the implementation of our research in professional practice.

Vouchers for Murder

In order to commit murder or mayhem under this program, vouchers must be submitted within one week prior to the actions contemplated or within a month afterward. Persons who commit violent acts without valid vouchers will be asked to enter into Voluntary Consent Agreements to desist from unauthorized murder or mayhem, and up to one tenth of any ill-gotten gains will be donated voluntarily to the charity of their choice, without any implication of admission of guilt.

ПРОЦЕССУАЛЬНЫЙ ПОРЯДОК ПРОВЕДЕНИЯ СУДЕБНОГО ЗАСЕДАНИЯ И ВЫНЕСЕНИЯ ПРИГОВОРА ПО УГОЛОВНОМУ ДЕЛУ В ОТНОШЕНИИ ОБВИНЯЕМОГО, С КОТОРЫМ ЗАКЛЮЧЕНО ПРОЦЕССУАЛЬНОЕ СОГЛАШЕНИЕ О ПРИЗНАНИИ ВИНЫ

The article is devoted to the peculiarities of the procedure for considering criminal cases received with a procedural agreement on the admission of guilt. The relevance of the study is due to the fact that this procedural and legal institution has recently appeared in criminal proceedings, and is a novelty for both theorists and practitioners. In this regard, within the framework of this study, attention is focused on the distinctive features of the summary trial in connection with the conclusion of a procedural agreement on plea of guilt between the prosecutor and the accused in pre-trial and trial proceedings. The author examines issues related to the presence or absence of grounds (conditions) for the summary trial and adjudication. Moreover, according to the results of the study, the author made the appropriate conclusions on improving the criminal procedure legislation.

THE PAYMENT FOR AN ORGAN AND THE ADMISSION OF GUILT BY A SOUTH AFRICAN HOSPITAL The State v Netcare Kwa-Zulu Natal (Pty) Ltd – Agreement in terms of section 105A(1) of the Criminal Procedure Act 51 of 1977, Netcare Kwa-Zulu (Pty) Ltd and the State, Commer

As the first of its kind in plea bargaining, a South African private hospital group pleaded guilty on charges of trafficking in human organs. The Commercial Crimes Court of the Kwa-Zulu Regional Court (a Specialised Unit of the National Prosecuting Authority of South Africa) made an order in November 2010 in terms of which Netcare Kwa-Zulu (Pty) Ltd (Netcare) entered into a plea and sentence agreement with the state whereby Netcare pleaded guilty to 109 counts related to charges of illegal kidney transplantoperations. Charged with the St Augustine’s Private Hospital in Durban were the parent company Netcare (Pty) Ltd, its Chief Executive Officer, Richard Friedland, and eight others: four transplant doctors, a nephrologist, two transplant administrative co-ordinators, and a translator. The admission of guilt by the group relates to illegal kidney transplants which took place between June 2001 and November 2003 whereby Israeli patients in need of kidney transplants were brought to South Africa for such transplants to be performed at St Augustine’s Private Hospital. The kidneys were bought from Romanian and Brazilian citizens who were willing to sell their organs.

TRANSFORMATION OF THE JAPANESE MEMORY POLITIC IN THE II HALF OF XX-XXI CENTURIES IN THE CONTEXTS OF PAN-ASIAN AMBITIONS

The article is devoted to the analyses of the role of Pan-Asianism in the formation of the Japanese policy of memory in the period after World War II. Since the Meiji period, Japan has had a dual relationship with Asia: on the one hand, as a region of high spirituality and culture, on the other, as a region lagging behind the West or Europe in terms of economic, political and technological development. In the 1950s, when Japan was experiencing a period of economic crisis caused by the defeat of the war, the occupation regime, and the formation of military memory, we see a trend of Japanese intellectuals classifying Japan as "Asia". If during World War I Pan-Asian ideology was used to correct imperial ideology and colonialism, modern Pan-Asian concepts tend to create a union of Southeast Asian countries for support and mutual development. The further development of these sentiments depends on the implementation of existing ASEAN projects and the specifics of the adopted political and economic strategies of the Asian Commonwealth.
 The articles provide the first comprehensive analysis of the constitutional documents, editions and speeches of Japanese politicians, which show the transformations of Japanese memory politic. The main terms of development of this policy, which consist in patient orientation and gradual formation of new Asianism, are separated. Discussions around Yasukuni-jinja and Japanese history textbooks as examples of these trends in Japanese politics are analyzed.
 Provided that Japan's pacifist position is enshrined in the constitution, there are conservative and nationalist views on the Japanese war in Asia. As part of Japan's policy of remembrance, Pan-Asianism fosters an ambivalent attitude toward Japanese expansion in Asia. Subject to Japan's official admission of guilt to neighbouring countries, condemnation of expansionism and colonialism, and the transition to pacifism, there are conservative and nationalist views on the Japanese war in Asia. Within the conservative position, Japanese guilt is questioned and the need to recognize the heroic participants in the war is proclaimed, the "Great East Asian War" is interpreted as a war of self-defence, or the correctness and truth of Pan-Asian ideals of Taisho and Showa Japan are recognized.