Criminal Procedure Code Research Articles

Issues of legality of procedural actions and adoption of procedural decisions in suspended criminal proceedings

The purpose of this article is to analyze the current provisions of the Criminal Procedure Code of Ukraine in the part that regulates the grounds for stopping criminal proceedings, appealing the decision on such a stopping, as well as researching the grounds and criteria for taking procedural actions in stopped criminal proceedings. This research was carried out on the basis of the study and analysis of the works of Ukrainian scientists, materials of law enforcement activities, in particular, court decisions regarding the specified issue, as well as direct (empirical) experience in the field of criminal proceedings. In particular, general scientific (analysis, synthesis, comparison), special-legal (comparative-legal, formal-legal, concrete-legal) systemic and functional methods were used as a methodology of scientific knowledge. During the study was investigated the issue of stopping and resuming the pre-trial investigation. The concepts of "procedural actions" and "procedural decisions" were analyzed, the current criminal procedural norms regulating the order of stopping the pre-trial investigation were evaluated, legislative gaps were identified that jeopardize the effectiveness of the criminal process and proposed ways of improving the content and construction of such norms. As a result of the research, a detailed analysis of the provisions of the Criminal Procedural Code of Ukraine regarding the suspension of pre-trial investigation was carried out. Practical problematic aspects were identified, recommendations were presented and practical mechanisms for making changes to the norms of the Criminal Procedural Code of Ukraine were proposed.

Sexual Gratification as an Expanded Form of Corruption Crime Under Indonesian Positive Law

Along with its development, the category of sexual gratification emerged which received a lot of attention from the public and law enforcement officials. This sexual satisfaction is different from the satisfaction we know in general. The difference lies in the object. Sexual gratification is a form of degrading women's dignity. In Indonesia, sexual gratification has not been explicitly regulated. Therefore, this research will discuss the regulation of sexual gratification based on positive law in Indonesia and the evidence. From the results of the analysis it is known that sexual gratification can be included in the provisions of Article 12 B paragraph 1 of Law 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. This can be found in the phrase "other facilities" where "facilities" themselves are defined as the means used to facilitate an implementation. Therefore, the use of sexual service facilities with the aim of achieving all desires is the intention of the party providing satisfaction. Proof of the existence of sexual gratification in eradicating corruption in Indonesia is based on criminal procedural law which refers to the Criminal Procedure Code (KUHAP) in Article 184 paragraph (1) and Article 26A of Law Number 20 of 2001 Jo. Law Number 31 of 1999 uses a reverse or balanced evidentiary system where the burden is on the Public Prosecutor and the defendant to provide evidence of the criminal act of sexual gratification for which the defendant is charged.

THE RIGHT OF PARTICIPANTS IN CRIMINAL PROCEEDINGS TO APPEAL IN THE PRE-TRIAL STAGES

The purpose of the study. The article deals with the problem of forecasting the development of the right to appeal in criminal proceedings. A comparative legal analysis of the norms of the right to appeal against the Statute of Criminal Proceedings of 1864 and the modern Criminal Procedure Code of the Russian Federation has been carried out. The purpose of the study is to establish and identify similarities and differences in the legal mechanisms governing the right to appeal in order to predict its development in the future. Conclusions. The modern version of the right to appeal at the pre-trial stage of the criminal process has much in common with the right to appeal in pre-revolutionary Russia, which allows us to talk about the cyclical development of criminal procedural legislation. We predict that the vector of development in the future will be aimed at democratizing the right to appeal, improving mechanisms to increase its accessibility and effectiveness at the pre-trial stage of the criminal process.

The Performance of Investigative Action through Videocommunication

The article examines the essence of conducting an investigative operation through videocommunication the criminal procedure provided by the Code of Criminal Procedure of the Republic of Armenia as an exclusive measure, the grounds for conducting an investigative operation through videocommunication the criminal procedure, and the procedural procedure for conducting an investigative operation through videocommunication the criminal procedure. While studying the selected topic, the legislative features of conducting an investigative action through videocommunication the use of a special case and the practical significance of its implementation were analyzed. The topicality of the chosen topic is due to the different interpretation of the legal provisions on investigative actions by means of the species. The purpose of the research of this topic is to study the features and grounds of investigative action in criminal proceedings using forensics, in particular, to identify the essence of conducting investigative actions through videocommunication forensics in criminal proceedings, the logic of legal regulations on the grounds for conducting investigative actions through videocommunication forensics, and the presumed will of the legislator, as well as to identify investigative procedures through videocommunication forensics features and problems of the procedural order of execution of the action. When studying the topic selected in the article, the legal comparative method, deductive and inductive, as well as analysis and abstraction methods were used.

Problematic Issues of Using Electronic Evidence in Criminal Proceedings (SDG's)

Objective: The object of this scientific publication is the use of electronic evidence in criminal proceedings, focusing on the main problematic issues, legislative gaps, and the need for improvements in law enforcement practices. Method: The method of study involves a detailed analysis of the current criminal procedure legislation, identification of the general and special features of electronic evidence, and examination of practical issues related to the collection, assessment, and admissibility of electronic evidence in criminal proceedings. The authors use legal analysis and case studies to propose amendments to the legislation and suggest practical improvements. Results: In this scientific publication, the authors highlight the main problematic issues of using electronic evidence in criminal proceedings, propose amendments to the current criminal procedure legislation, and also make proposals for improving law enforcement practice. It is argued that electronic evidence is an independent procedural source of evidence which has both general and special features and nowadays plays an important role in establishing the truth in criminal proceedings. It is concluded that the use of electronic evidence in criminal proceedings currently has no regulatory basis, which causes numerous difficulties and gaps which, among other things, lead to abuse of procedural powers. Contribution: It is established that in the process of collecting electronic evidence, there are many abuses of procedural powers, which are expressed in the excessive seizure of their carriers, as well as unlawful interference with privacy. The article also reveals the difficulties in assessing electronic evidence as relevant, admissible and reliable evidence. In particular, the use of different copies of electronic documents, compliance by judges with the principle of direct examination of evidence, and the admissibility of electronic evidence obtained from open sources are controversial. Based on the results of the study, the authors propose to amend the Code of Criminal Procedure of Ukraine by supplementing Chapter 4 ‘Evidence and Proof’ with paragraph 5 ‘Electronic Evidence’, which should define their concept, procedural procedure for their seizure, storage, return, and peculiarities of evaluation. The authors also emphasises the expediency of upgrading the qualifications of authorised persons by conducting thematic training on the proper use of electronic evidence and preventing abuse of procedural powers in this process.

Implementation of the Rules of the Institute of Application of Ciminal Law Measures to Legal Entities in Court Practice: Results of a 10-Year Marathon

The article analyzes both criminal and criminal procedural legislation and court practice with regard to the application of criminal law measures against legal entities. The author establishes that at the regulatory level, the objective reason for the low efficiency of the rules on the application of such measures is, first of all, the dependence established by the criminal procedure legislation of Ukraine between the procedural fate of proceedings against a legal entity and criminal proceedings against an authorized person who committed a relevant criminal offense on behalf of and/or in the interests of a legal entity. The author analyzed 6 verdicts which resolved the issue of application of criminal legal measures against legal entities. As can be seen from the above analysis, during the 10 years of the legal institution on the application of criminal legal measures against legal entities, the court practice is characterized by a progressive movement from primitive decisions on the application of criminal legal measures against legal entities in the wrong procedural order provided for by the Criminal Procedure Code of Ukraine to verdicts that applied such measures procedurally correctly. In our opinion, the reason for such a small number of cases of application of criminal legal measures against legal entities in Ukraine is the fact that the procedural fate of proceedings against a legal entity is completely dependent on the criminal proceedings against its authorized person, and the lack of a single structural part of the Criminal Procedure Code of Ukraine that would regulate the procedural procedure for application of criminal legal measures against legal entities. This situation should be remedied at the regulatory level by introducing appropriate amendments to the Criminal Procedure Code of Ukraine. At the same time, there is a need to develop training activities for stakeholders – investigators, prosecutors, judges, lawyers - aimed at learning the procedure for applying criminal legal measures to legal entities. Key words: criminal law measures against legal entities, proceedings against a legal entity, criminal proceedings against an individual, authorized person of a legal entity, actions on behalf of and/or in the interests of a legal entity, representative of a legal entity in respect of which proceedings are being conducted, criminal offense, training of investigators, prosecutors, attorneys, judges.

Some Key Issues For Understanding And Interpreting Criminal Procedure Rules Limiting Property Rights

The purpose of the article is to analyze a number of issues related to the legitimacy of restrictions on property rights as prescribed by the Criminal Procedure Code of the Republic of Armenia. The article refers to a number of regulations related to the material grounds and procedures for imposing attachment on the assets as prescribed by Chapters 15 and 39 of the Criminal Procedure Code of the Republic of Armenia dated June 30, 2021, which are perceived and interpreted in different ways. In other words, the article aims to present the issues that have arisen in law enforcement practice. In this sense, the article is also relevant, since the presented approaches may be of interest to the students, lawyers, law enforcement authorities, and judges. The article discusses issues such as the lifting of attachment from the assets under the current Criminal Procedure Code of the Republic of Armenia which had been imposed under the previos Criminal Procedure Code of the Republic of Armenia, as well as the indication about the sufficient value of the assets in the decision on imposing an attechment on the assets․ The first part of the article is devoted to a number of issues related to the legality of decisions on the recognition of property of alleged criminal origin as material evidence, which law enforcement practice faces․ (The first part of the article will be published in the journal Bulletin of Jurisprudence of Yerevan University).

The Application of Article 56 Paragraph (1) of the Indonesian Criminal Procedure Code (KUHAP) from a Human Rights Perspective in Relation to the Integrated Criminal Justice System in Indonesia

The Application of Article 56 Paragraph (1) of the Indonesian Criminal Procedure Code (KUHAP) from a Human Rights Perspective in Relation to the Integrated Criminal Justice System in Indonesia

Some conceptual and legal questions of data gathering in criminal cases

Aim: The purpose of this study is to present some general questions and problems of data gethering in criminal cases in aspect of criminal procedure law and forensic sciences. Methodology: Presentation, analysis, evaulation and drawing conclusions of legal rules, studies, papers, and textbooks in the subject area, both in Hungarian and Anglo-Saxon literature. Findings: Data gathering is a well-known method in both forensic sciences and criminal procedure law. However its meaning is different in these two fields of criminal sciences. Before the current code of criminal procedure in Hungary the meaning and content of data-gathering was similar in forensic science and in legal rules. But the new code has integrated the instruments of crime detection purposed secret information-gathering appliapble before the starting of investigation, and made them criminal procedural instruments under the name of covert instruments. Besides that the new code significantly changed the system and legal rules of „open” data-gathering methods. Nowdays some data-gathering methods only aply as covert instruments with all its strict conditions, consequences and formal rules. In my study first I try to withdraw the conceptual borders of data-gathering and outlines some historical backgrounds. After it I explain the conception and content of data gathering in criminalistic literature, then I examine the rules of data gathering in criminal procedure law. In the end of my paper I summarize the problems of this conceptual dualism. Value: The (open) data gathering in criminal cases as a subject has not been examined recently, so this study can draw attention on the problems of the latest legal regulation and the extension and modernization of criminalistic recomendations.

Case Study: Strength of Child Witness Testimony in Cases of Sexual Abuse in Decision No. IX: 135/Pid.Sus/2023/DPK

In current criminal justice practice, there have been developments regarding the use of children's testimonies, with some judges in Indonesia admitting children's statements as evidence in cases involving minors, even though we know that children are not sworn in before giving testimony. Therefore, the aim of this study is to analyze the legal strength of children's testimonies as evidence in the criminal justice system, focusing on the case with the District Court Decision Number 135/Pid.Sus/2023/PN. Dpk. This research employs a normative legal research method with a legislative approach, conducted to explore legal issues. The primary data source supporting this research includes the District Court Decision from Depok Number: 282/Pid.Sus/2023/DPK, while secondary data consists of Law Number 35 Year 2014 concerning Amendments to Law Number 23 Year 2002 concerning Child Protection, Law Number 11 Year 2012 concerning Juvenile Justice System, and Law Number 8 Year 1981 concerning Criminal Procedure Code. The findings of this research indicate that the evidentiary strength of children's testimonies as witnesses in the Indonesian criminal justice system depends on the validity of the testimony presented in court. However, the truthfulness and probative value of such testimonies are subject to the judge's subjective assessment, and because the evaluation of witness evidence is generally non-binding, this also applies to child witnesses.

Отягчающее обстоятельство как фактор определения подсудности уголовного дела военному суду

The criminal law policy of the State determined the expansion of the competence (jurisdiction) of criminal cases to military courts, including by supplementing the subject jurisdiction with such a category of cases where the purpose of criminal encroachment is propaganda, justification and support of terrorism. The article considers the expediency of maintaining the current wording of paragraph 4 of part six of Article 31 of the Criminal Procedure Code of the Russian Federation and paragraph “r” of part one of Article 63 of the Criminal Code of the Russian Federation.

ОРГАНИЗАЦИЯ ПРОЦЕССУАЛЬНОГО И ВЕДОМСТВЕННОГО КОНТРОЛЯ ЗА ЗАКОННОСТЬЮ И ОБОСНОВАННОСТЬЮ РЕШЕНИЙ, ПРИНИМАЕМЫХ ОРГАНАМИ ПРЕДВАРИТЕЛЬНОГО СЛЕДСТВИЯ В ПОРЯДКЕ СТАТЕЙ 144–145 УГОЛОВНО-ПРОЦЕССУАЛЬНОГО КОДЕКСА РОССИЙСКОЙ ФЕДЕРАЦИИ

Procedural and departmental control of the head of the investigative body is one of the means of ensuring the legality and validity of procedural decisions taken by officials to resolve statements (reports) about crimes in accordance with Articles 144–145 of the Criminal Procedure Code of the Russian Federation. Monitoring of law enforcement practice has shown that managers make mistakes in the organization of this area of activity, entailing violations of criminal procedure legislation, as well as ineffective protection of the rights and legitimate interests of persons involved in criminal proceedings. In the course of the study, a control mechanism was developed for the head of the preliminary investigation body at the district level, aimed at ensuring the legality and validity of decisions made by investigators based on the materials of pre-investigation inspections, as well as ensuring the completeness and reliability of information contained in primary accounting documents and compliance with the procedure for timely statistical registration of procedural decisions taken based on these materials.

Human Rights During and After the Criminal Trial in India: Legal Discourse

Code of Criminal Procedure 1973 (hereinafter 'CrPC') provides procedure for investigation, inquiry and trial in the criminal cases all over India

Конституционный Суд Российской Федерации о полномочиях районного суда по уголовным делам частного обвинения: можно ли ставить точку в правовом регулировании данного вопроса?

Ruling of the Constitutional Court of the Russian Federation No. 13-П of March 28, 2024, clarified the issue of authorities of a district court in privately prosecuted criminal cases on a crime stipulated by Part 1 of Art. 161.1 of the Criminal Code of the Russian Federation. Taking into account that criminal procedure provisions cannot be developed beyond the framework of criminal procedure law, there is a need for changes to the Criminal Procedure Code of the Russian Federation aimed at approval of respective legal instructions and bringing the external form of criminal procedure law in line with its internal form.

К вопросу об отказе в возбуждении уголовного дела и прекращении уголовного дела в отношении неустановленных лиц в связи с уплатой в полном объеме сумм недоимки и соответствующих пеней, суммы штрафа (п. 7 ч. 1 ст. 24 УПК РФ)

The authors analyze changes in federal legislation related to the investigator’s obligation to refuse to initiate a criminal case or to terminate a criminal case under Article 199 of the Criminal Code of the Russian Federation after compensation by the organization for damage. It is concluded that the changes made by the legislator can be interpreted ambiguously in law enforcement practice. The approach according to which Article 76.1 of the Criminal Code of the Russian Federation and Article 24 of the Criminal Procedure Code of the Russian Federation must be interpreted teleological and systematic that excludes the possibility of initiating a criminal case in rem after compensation for harm and provides for the obligation to terminate the criminal case after compensation for harm if the persons liable have not yet been identified.

The legal nature of rehabilitation and compensation for harm: the need for logical, terminological and substantive differentiation in the Code of criminal procedure of the Russian Federation and the Code of criminal procedure of the Republic of Kazakhstan

The legal nature of rehabilitation and compensation for harm: the need for logical, terminological and substantive differentiation in the Code of criminal procedure of the Russian Federation and the Code of criminal procedure of the Republic of Kazakhstan

Features of legislative consolidation of the reasons and grounds for initiating a criminal case in the Criminal Procedure Code of the Republic of Tajikistan

Features of legislative consolidation of the reasons and grounds for initiating a criminal case in the Criminal Procedure Code of the Republic of Tajikistan

Penerapan Asas Sederhana, Cepat, Dan Biaya Ringan Dalam Pelaksanaan Modernisasi Persidangan Perkara Pidana Berdasarkan Cetak Biru Pembaharuan Peradilan Tahun 2010-2035 Pada Pengadilan Negeri

This study aims to analyze the application of simple, fast and low-cost principles to judicial institutions in criminal trial processes. The research method used is normatic-empirical research, namely Library Research which is complemented by Field Research (empirical) by collecting direct information through interviews with parties related to the statutory approach (statute approach), conceptual approach (conceptual aapproach). The results show that Modernization of Justice in the trial of Criminal Cases is a demand of changes in world society in the era of globalization. Modernization of Criminal Justice has been accelerated by global challenges by utilizing IT with the holding of Electronic Criminal Trials with the aim of providing legal certainty to Defendants, where electronic trial is held as a form of application of the principles of fast, simple and light costs that have been stipulated in the Criminal Procedure Code in the implementation of criminal trials themselves.

Alogisms and corruptogenic factors of the Code of Criminal Procedure of the Republic of Azerbaijan

Alogisms and corruptogenic factors of the Code of Criminal Procedure of the Republic of Azerbaijan

Values of protecting human rights in criminal procedural code of le dynasty in Vietnam

Values of protecting human rights in criminal procedural code of le dynasty in Vietnam