Criminal Complaint Research Articles

The Role of the Advocate's Motions and Complaints in a Criminal Trial: A Scoping Review

Given the realities of criminal court development, motions and complaints for the protection of rights play an important role. However, the study of these advocacy tools is an under-researched issue. This requires further consideration, since these mechanisms can be really effective in different situations. The purpose of the study is to determine the importance of attorneys' motions and complaints for the purpose of implementing modern justice. For this Scoping Review, the PRISMA approach was used. Date range for inclusion of scientific literature: 2014-2024 (i.e., the last 10 years). To select the scientific literature, the following search databases were selected: Scopus and Google Scholar. The criteria for including literature were based on 5 items related to content, scientific novelty, methodology, and language. A total of 52 items of scientific literature, legislative acts and reports were included in the study. The results show that different countries use different models of advocacy, however, such tools as motions and complaints are common around the world. The purposes of attorneys' motions and complaints are not based on making a specific decision or performing a specific action, but on the realization of rights and legitimate interests existing in connection with the procedural or real status of a person. The conclusions determine that motions and complaints have an impact on further proceedings in a criminal court; in particular, they may affect the exclusion of inadmissible evidence, disclosure of additional evidence, protection of the rights of the accused, fulfillment of strategic tasks and recording of violations of procedural rights.

A Legal Consequences of the Passing Off Practice of the MS GLOW Brand by the PSTORE GLOW Brand

Intellectual Property Rights are essentially rights with special and special characteristics because these rights are granted by the State. A brand as an Intellectual Property Right is basically a sign to identify the origin of goods and services from a company with the goods and/or services of another company. One of the cases regarding Passing Off occurred in the Commercial Court Decision at the Medan District Court Number 2/Pdt.Sus-HKI/Merek/2022/PN Niaga Mdn. It started when Shandy Purnamasari filed a trademark cancellation lawsuit against PT PSTORE Glow Bersinar Indonesia. This lawsuit is based on the similarity of the brands "PSTORE GLOW" and "PSTORE GLOW FOR MEN" owned by Putra Siregar with the brands "MS GLOW/for pretty skincare & LOGO" and "MS GLOW FOR MEN" owned by Sandy Purnamasari. Shandy considers that PSTORE Glow Bersinar Indonesia has imitated his brand. The main problem in this research is what the legal consequences are for the practice of passing off the MS GLOW brand by the PSTORE GLOW brand. The research method used in this research is normative juridical with a case approach and a statutory approach. The research results show that as a legal consequence of the practice of passing off, the PSTORE Glow Brand and its derivatives can no longer be used, and the registration is considered invalid. Apart from the deletion of the PSTORE Glow brand, MS Glow can also file a criminal complaint in accordance with the provisions as intended in article 100 paragraph (1) and paragraph (2) of the Trademark and Geographical Indications Law and if PSTORE Glow is still selling its products after the decision to cancel the brand.

Analysis of medical malpractice news in newspapers: a retrospective review

Aims: The aim of this study was to determine which types of medical malpractice occurred and how they resulted by analyzing the medical malpractice news reflected in the newspapers in Turkey. Methods: This descriptive and retrospective study was conducted on April 1-30, 2024. The virtual archives of seven national newspapers with the highest circulation (Sabah, Türkiye, Hürriyet, Sözcü, Akşam, Milliyet, Posta) were scanned using the keywords “nurse”, “doctor”, “health”, “nurse errors”, “doctor errors”, “medical error”, “wrong medicine”, “wrong surgery”, “wrong diagnosis”, “wrong treatment”, “wrong blood” and “wrong patient”. The population of the study consisted of 144 news articles. Results: It was observed that most of the news about medical malpractice in newspapers were in 2017 and 2021, and 74.3% of them were performed by doctors. It was determined that the most common medical malpractice was surgical errors, followed by medication errors, death occurred in 38.2% of the cases as a result of malpractice, followed by disability/organ loss, and in the majority of cases, criminal complaints were filed as a result of malpractice. Conclusion: The study revealed that medical malpractice errors reported in the news were mostly committed by physicians and surgical errors, and death and disability occurred as a result of medical malpractice. Further studies examining the factors affecting the occurrence of medical malpractice that may lead to death are recommended.

UNITED STATES OF AMERICA, v. IPPEI MIZUHARA, Defendant(s). United States District Court for the Central District of California. Case No. 2:24-mj-02125-DUTY. CRIMINAL COMPLAINT BY TELEPHONE OR OTHER RELIABLE ELECTRONIC MEANS Filed April 11, 2024.

UNITED STATES OF AMERICA, v. IPPEI MIZUHARA, Defendant(s). United States District Court for the Central District of California. Case No. 2:24-mj-02125-DUTY. CRIMINAL COMPLAINT BY TELEPHONE OR OTHER RELIABLE ELECTRONIC MEANS Filed April 11, 2024.

Crime Registry Platform using Blockchain Ethereum and web3

Abstract: Criminal activities in India are on the rise, with many incidents going unreported. Despite the availability of an online portal for storing the First Information Reports (FIRs) handwritten FIRs always will remain common due to some of the traditional methods and practices. And probably in most cases, the complainants should personally visit the police stations in order to file a offense report. Crime and Criminal Tracking Network and Systems (CCTNS) was launched in 2010 for national wide e-governance, it will operates on a centralized system and it is particularly limited to some individual states. Therefore, there is a need for the decentralized solution in order to ensure failure of a single point and secure managing of criminal complaints from the unauthorized access.

Justice and Utility in the Settlement of “Klacht Delict” through Mediation: Concept and Impact in Aceh

This article examines the process of settlement of criminal cases of whole complaints resolved in Aceh through mediation. The settlement of “klacht delict (delik aduan)” cases in Aceh is practiced in the customary law society by directing the Qanun Aceh. The main focus of this study is the process of its completion, the legal effectiveness of the concept of mediation, as well as consideration of aspects of the legal purpose of the mediation process. This study uses empirical juridical methods which are analyzed using a restorative justice approach and legal sociology. Data was collected by conducting in-depth interviews and document studies. The results of the research showed that the criminal complaints settled by mediation with the non-litigation pattern practiced by law enforcement and the community in Aceh have met the legal objectives, including the aspects of utility and justice. This model of settlement has met the requirements of usefulness and justice for perpetrators and victims and is considered complete, so the case has not proceeded to the stage of investigation and is not passed on to the prosecution. Nevertheless, the settlement through mediation is not satisfied from the point of view of legal certainty, as the general criminal gap must not be resolved by mediation. Sociologically, this legal rule has an impact on society regarding criminal complaints that are resolved through mediation through non-litigation and are never again demanded for a law enforcement process regarding the results of the mediation which has been stated in the peace deed. So mediation has an impact on the realization of peace and order in society.

ЗАКОНОДАВЧЕ РЕГУЛЮВАННЯ РЕЄСТРАЦІЇ ЗАЯВ ТА ПОВІДОМЛЕНЬ ПРО КРИМІНАЛЬНІ ПРАВОПОРУШЕННЯ

The article examines the procedural essence of entering a statement or report of a criminal offence into the Unified Register of Pre-trial Investigations.The study found that the beginning of pre-trial investigation (inquiry and investigation) has signs of uncertainty in the legislative consolidation of the grounds for justification of a non-procedural decision to enter or not to enter a statement or report of a criminal offence (crime, misdemeanour) into the Unified Register of Pre-trial Investigations (URPTI), which affects the effectiveness of the beginning of criminal proceedings: there is an opportunity for interested parties on both sides to arrangered tape in order to delay the investigation that has not yet been initiated and involve the courts in solving their problems;the burden on the investigating authorities (inquiries, investigations) and courts increases;uncertainty of the law (Article 214 of the CPC of Ukraine) regarding the decision to initiate criminal proceedings allows for unreasonable decisions. The analysis of the rulings of the first and third instance courts did not answer the question of what specific circumstances may indicate the commission of a criminal offence and serve as grounds for filing or not filing a criminal complaint or petition with the URPTI.This raises the question of the weakness of the legislative position regarding the ability of the parties to defend their interests within the CPC of Ukraine at the very beginning of criminal proceedings.The author has studied the legislative experience of initiating criminal proceedings under the CPC of the Republic of Azerbaijan, and the criminalof the Criminal Procedure Law of Latvia. The opening of criminal proceedings in these republics is more efficient and, in our opinion, can be used for implementation in the criminal procedure legislation of our country.It is proposed to supplement Art. 214(1) of the CPC of Ukraine and add in brackets to the word circumstances: "time, place, manner, action or inaction of a person", which will be indicative ofa criminal offence. This will eliminate all possible disputes over the interpretation of circumstances that indicate a criminal offence. In part 2 of this Article, replace the first sentence with: "The pre-trial investigation shall commence from the moment of issuance of the resolution on commencement or refusal to commence criminal proceedings and..." hereinafter.

Investigative fatigue: how sleep-circadian factors shape criminal investigations.

Investigating criminal complaints and identifying culprits to be prosecuted in the court of law is an essential process for law-enforcement and public safety. However, law-enforcement investigators operate under very challenging conditions due to stressful environments, understaffing, and public scrutiny, which factors into investigative errors (e.g. uncleared cases). This paper argues that one contributing factor to investigative failures involves sleep and circadian disruption of investigators themselves, known to be prevalent among law-enforcement. By focusing on investigative interviewing, this analysis illustrates how sleep and circadian disruption could impact investigations by considering three broad phases of (1) preparation, (2) information elicitation, and (3) assessment and corroboration. These phases are organized in a framework that outlines theory-informed pathways in need of empirical attention, with special focus on effort and decision-making processes critical to investigations. While existing evidence is limited, preliminary findings support some elements of investigative fatigue. The paper concludes by placing investigative fatigue in a broader context of investigative work while providing recommendations for future research throughout. This paper is part of the Sleep and Circadian Health in the Justice System Collection.

Türkiye İnsan Hakları Ve Eşitlik Kurumuna Yapılan Şikayet Başvurularında Kabul Edilebilirlik Koşulları

Ulusal insan hakları kurumları (UİHK), insanların temel haklarının ulusal düzeyde korunması ve geliştirilmesi için önemli mekanizmalar olarak kabul edilmektedir. 2016 yılında 6701 sayılı Kanun ile kurulan Türkiye İnsan Hakları ve Eşitlik Kurumu (TİHEK) 24.11.2017 tarihinden itibaren bazı konularda şikâyet başvurusu almaya başlamıştır. TİHEK’e ayrımcılığa maruz kalan kişiler ile ulusal önleme mekanizması çerçevesinde özgürlüklerinden yoksun bırakılan kişiler başvuru yapabilmektedir. TİHEK, insan hakları ihlallerine karşı resen araştırma yapmak, suç niteliği taşıyan eylem varsa ilgililer hakkında suç duyurusunda bulunmak, bu ihlallerin sona erdirilmesi için gerekli girişimlerde bulunmak yetkisine de sahiptir. Bu makale, TİHEK’e yapılan bireysel başvurularda kişi yönünden yetki (ratione personae), konu yönünden yetki (ratione materiae), zaman bakımından yetki (ratione temporis) ve yer bakımından yetkiye (ratione loci) ilişkin kabul edilebilirlik koşullarına odaklanmaktadır. Kabul edilirlik koşulları TİHEK kararları ışığı altında incelenmiş ve TİHEK’e başvurunun niteliği ile Kamu Denetçiliği Kurumu ve Anayasa Mahkemesinin temel hakların korunması hakkındaki başvuruların niteliği bakımından karşılaştırma yapılmıştır.

ASSESSING THE EFFECTIVENESS OF AUDITS IN PUBLIC ADMINISTRATION

Abstract The feedback supreme audit institutions (SAI) provide from their audits of public funds and property owned by the national and local governments is critical to the audited governments and public authorities, while also important information for both the professional and general public. The article seeks to assess the performance of the SAIs in the Visegrád Four (V4) countries by evaluating hypotheses that assess the effectiveness of the audits they conduct. Data for the analysis came from annual reports of the institutions and interviews conducted with their staff. The evaluation covers sixteen years (2005-2020) and the five hypotheses established in this article were assessed using the Pearson and Spearman correlation coefficients. In general, a conclusion could be drawn from the analysis that the volume of new audit findings was not influenced by the number of audits from previous years or the number of recommendations made therein. On the other hand, the relationship between the number of audits conducted and the number of criminal complaints filed was seen as statistically significant. The public sector works slightly differently in all countries, but the SAI needs to be able to identify and point out the most significant systemic issues concerning the various areas of the state economy. Keywords: public administration; audits conducted; audit findings; Supreme audit office, Visegrád Four (V4) countries.

Perlindungan Hak Cipta terhadap Pencipta Komik Dalam Platform Digital Tapas Media

In this age of disruption, the advancement of information technology brings with it new innovations, opportunities, and challenges. One of the difficulties is the increasingly easy distribution of illegal digital products. Digital comics are one example of a copyright product that is illegally distributed. Unfortunately, the increasing popularity of digital comics is being accompanied by an increase in piracy in Indonesia. This has had a huge impact on digital comic creators, who should have had full rights to their ideas but had them taken away by irresponsible parties. The goal of this research is to learn about the legal protections afforded to digital comic creators, as well as to learn about law enforcement actions taken against perpetrators who illegally distribute digital comics on online sites. This study employs normative legal research methods to provide an overview of the major issues. According to the study's findings, copyright protection for digital comic creators is currently regulated in Copyright Law No. 28 of 2014, so that law enforcement against perpetrators of digital comics distribution on illegal sites can be pursued through mediation, civil lawsuits, criminal complaints, and the closure of content and/or access to sites that violate Copyright.

Legal Protection for Film Copyright Holders Against Illegal Downloading and Streaming Activities on the Internet

Copyright holders have exclusive rights to their creations or work. Illegal downloading and streaming of movies can be detrimental to copyright holders and countries. Therefore, perpetrators can be subject to criminal and civil sanctions. This study aims to: (1) determine the protection for the Moral Rights and Economic Rights of film creators or Copyright Holders from illegal downloading and streaming of films on the Internet and (2) determine how the law should regulate the rights of creators from illegal downloading and streaming activities to provide legal protection. The type of research used in this study is normative juridical by using data collection techniques through literature studies. The results show that: (1) the protection of Economic Rights and Moral Rights of film copyright is still lacking in providing legal protection because sanctions for violators of Moral Rights have not been regulated in the Copyright Law (2) the Copyright Law has regulated legal steps that Copyright Holders can take to obtain legal protection in the field of Copyright through mediation, criminal complaints, claims for compensation, and reports on the closure of content and access rights

Research into the Improvement of the Criminal Complaint Process Utilising Generative Artificial Intelligence Model(GPT), with a Specific Focus on Cases Involving Borrower Fraud

Research into the Improvement of the Criminal Complaint Process Utilising Generative Artificial Intelligence Model(GPT), with a Specific Focus on Cases Involving Borrower Fraud

Measures and Penalties for Animal Welfare Violations at German Abattoirs: A Compilation of Current Recommendations and Practices.

Protecting animal welfare during preslaughter handling and slaughter is an important ethical concern with growing importance to consumers. However, animal welfare violations in abattoirs remain a serious problem, and the enforcement of relevant laws and regulations is often inadequate. This study investigated and compiled the measures and penalties which official veterinarians (OVs) consider appropriate for different animal welfare violations at German abattoirs, including ranges for fines. Additionally, information regarding which measures were taken in past cases, including past procedural outcomes (e.g., judicial decisions and regulatory animal welfare orders in Germany), were gathered and summarised. The aim is to provide insights into the status quo, so that flaws in law enforcement (e.g., imposing low penalties or not filing a criminal complaint when necessary) can be identified in a future study. To achieve this, the following five steps were utilised: acquiring relevant judicial decisions; conducting an anonymous online survey among German OVs; conducting semi-structured interviews with OVs; conducting a virtual colloquium with OVs; and consulting lawyers. Measures and penalties for violations of 40 relevant and frequent different provisions of the German Ordinance on the Protection of Animals in connection with Slaughter or Killing (TierSchlV), in conjunction with the Regulation (EC) No 1099/2009 and the German Animal Welfare Act, were gathered. The findings were compiled into a list of measures and penalties, which contains a separate table for all 40 violations, entailing an overview of the following information: citation(s) of legal/regulatory requirements to protect animals at the time of killing/slaughter; citation(s) of relevant regulatory and criminal penalties; special measures/penalties considered appropriate for the first and repeated offence by OVs; and information on penalties listed in judicial decisions of past similar cases. This initiative is a step towards achieving a reduction of animal welfare violations at German abattoirs.

Ensuring Access to Justice for Victims of Iatrogenic Crimes

The need to ensure access to justice for victims of intentional or negligent crimes causing harm or the death of the patient (iatrogenic crimes) committed by medical and (or) pharmaceutical industry workers is conditioned by the following. Crime report check and preliminary investigation take excessively long time and then result in orders to dismiss a criminal complaint, prosecution and a criminal case due to statutes of limitations on the prosecution of an offense. The authors substantiate a number of proposals aimed at improving legislation and law enforcement practice in iatrogenic crimes cases: amendments to the Criminal Code of the Russian Federation in order to proportionally increase the statute of limitations in these cases; supplement into clause 5, part 1, art. 198 of the Code of Criminal Procedure of the Russian Federation provides for the right of the suspect, accused, his defense attorney, victim, representative to be present with the permission of the investigator at the forensic examination, to give explanations to the expert via video conferencing systems if technically possible. The proposal expressed in the procedural literature on the production of forensic examinations in cases of iatrogenic crimes not in the expert institutions of those departments that conduct a preliminary investigation, but in «independent» expert institutions, is subjected to critical analysis. It is shown that the absence of expert methods in itself does not entail the inadmissibility of the expert’s conclusion.

Analisis Tindak Pidana Melakukan Perbuatan Kekerasan Fisik dalam Lingkup Rumah Tangga Ditinjau dari Pasal 44 Ayat 1 Undang-Undang No. 23 Tahun 2004 Tentang Penghapusan Kekerasan dalam Rumah Tangga (Perkara No. 593/Pid.Sus/2021/PN JKT.BRT)

Criminal Laws are Laws regarding Criminals. The word "criminal" means things that are "criminalized", that is, things that are assigned to an individual by the ruling agency as things that are unpleasant to him and also things that are not bestowed on a daily basis. Of course there is a reason for delegating this punishment and this reason should have something to do with a situation, in which a person in question acts badly. So the element of "punishment" as a retribution is implied in the word "criminal". Starting from the problems raised above, the purpose of this research is to socialize Law no. 23 of 2004 regarding the Elimination of domestic violence, not all of them are criminal complaints. This type of research is descriptive research. Data obtained from library research were analyzed qualitatively and presented descriptively. the public prosecutor believed that the violence committed by the defendant against the victim did not cause any physical damage to the victim. the judge considered that he had never been sentenced, was polite, admitted his actions frankly and regretted his actions.

Enforcement of US antitrust law in labour markets

In recent years, the US government has begun to focus antitrust enforcement efforts on labour markets. In 2022, for example, the Department of Justice (DOJ) blocked Penguin Random House’s acquisition of Simon & Schuster based on the theory that the merger would reduce compensation for authors.1 In the same year, the DOJ settled a lawsuit with three poultry processing plants that allegedly exchanged information on compensation of plant workers for the purpose of collaborating on pay decisions.2 The DOJ has also brought several criminal complaints against firms and individuals for fixing wages and agreeing not to poach one another’s employees, and it has intervened in numerous private cases to express its views on the application of antitrust to labour markets.3 The Federal Trade Commission (FTC) has also gotten involved. In 2020, the FTC submitted a filing before a state commission criticizing a hospital merger that it predicted would lower the wages of nurses.4 In 2023, the agency forced several companies to drop covenants not to compete that it had imposed on their employees.5 And in the same year, the FTC proposed a rule banning covenants not to compete.6 The two agencies are also reportedly planning to include a section on labour markets in their updated merger guidelines.7 Private antitrust litigation against employers is also flourishing.

Abortion in Germany: legal situation, challenges and current developments considering the COVID-19 pandemic

Abortions are commonplace in Germany. For years, the numbers have changed very little, with about 60abortions per 10,000 women of reproductive age per year. Those affected and the doctors who perform the abortions have to overcome many hurdles imposed on them by legislation (e.g., §§218 ff., Pregnancy Conflict Act).This discussion paper presents data and facts on abortion in Germany. In addition, the following questions are answered: What are the reasons for not using contraception? What factors motivate unplanned pregnant women to terminate their pregnancy? What abortion methods are available? What are the hurdles that have to be overcome before an abortion? The legal situation in Germany is described and it is explained how vulnerable groups such as single parents and people with poor German language skills or alow level of education are particularly affected by the challenges that arise. Moreover, in recent years, fewer and fewer doctors are willing to perform abortions. In addition to personal motives, the high effort, and inadequate remuneration, the reasons include dealing with criminal complaints and hostility. As aresult, the practices that perform the procedure are rare and difficult to reach for unintentionally pregnant women. The COVID-19 pandemic has further aggravated the situation, especially for vulnerable groups. However, it has been observed that telemedical offers for abortion "at home" gained in popularity.To ensure that unintended pregnant women continue to receive the professional care they need in the future, urgent measures must be taken to reduce the various hurdles.

Misdemeanor Prosecution

Abstract Communities across the United States are reconsidering the public safety benefits of prosecuting nonviolent misdemeanor offenses, yet there is little empirical evidence to inform policy in this area. We report the first estimates of the causal effects of misdemeanor prosecution on defendants’ subsequent criminal justice involvement. We leverage the as-if random assignment of nonviolent misdemeanor cases to assistant district attorneys (ADAs) who decide whether a case should be prosecuted in the Suffolk County District Attorney’s Office in Massachusetts. These ADAs vary in the average leniency of their prosecution decisions. We find that for the marginal defendant, nonprosecution of a nonviolent misdemeanor offense leads to a 53% reduction in the likelihood of a new criminal complaint and a 60% reduction in the number of new criminal complaints over the next two years. These local average treatment effects are largest for defendants without prior criminal records, suggesting that averting criminal record acquisition is an important mechanism driving our findings. We also present evidence that a recent policy change in Suffolk County imposing a presumption of nonprosecution for nonviolent misdemeanor offenses had similar beneficial effects, decreasing the likelihood of subsequent criminal justice involvement.

Krivična prijava - teorijski i praktični aspekti

In the paper, the author deals with numerous issues of the concept of a criminal complaint, as the act that initiates the mechanism of criminal legal protection. First of all, the paper points to the theoretical aspects of this issue by defining the very concept of criminal complaint, pointing out the types of criminal charges, the way of submitting a criminal charge, as well as certain issues of form and content whose character is not binding. Special attention is paid to the position of the injured party as the party filing the criminal complaint, his role and rights after filing the criminal complaint. As the position of the injured party has changed with the introduction of the right to object to the public prosecutor's decision to dismiss the criminal complaint, in relation to the earlier concept of the subsidiary prosecutor, certain problems have been pointed out that may threaten his right to object, concerning the proper filing of criminal complaint and informing the injured party of to the decision of the public prosecutor. These theoretical considerations should be a contribution to solving practical issues that arise in the work of the prosecuting authorities.