Criminal Procedure Code Research Articles

Peculiarities of Appointment and Production of Forensic Examinations in Criminal Cases for Violation of Safety Rules During Mining Works

This study analyses the peculiarities of appointment and production of expertise in the investigation of facts related to the violation of safety rules in mining operations. The relevance of the research topic is due to the increase in deaths and injuries at work and several legal problems. These include a) failure to comply with the requirement of Article 271 of the Code of Criminal Procedure of the Republic of Kazakhstan; b) the absence in the Order of the Minister of Justice of the Republic of Kazakhstan dated 27 March 2017 of a list of expertise to be appointed in the investigation of violations of safety rules during mining operations. The situation is further complicated by the absence of clear methodological guidelines for investigators regarding the procedure for appointing forensic examinations and formulating questions for experts. The authors assert that the national system of forensic examination must be modernised.

Judgment of the Court of Justice of the European Union of 30 April 2024 in the “EncroChat case” (case No. C-670/22): does this judgment really legitimise Forum Shopping in criminal proceedings, and how will it impact Lithuanian criminal proceedings?

The article analyses the judgment of the Court of Justice of the European Union of 30 April 2024 in case No. C-670/22 (EncroChat) and its implications for Lithuanian criminal proceedings. According to this judgment, only a senior prosecutor can issue a European Investigation Order to obtain evidence already in the possession of the competent authorities of the executing state during a pre-trial investigation in Lithuania, and only the court hearing the criminal case can issue a European Investigation Order when the criminal case is in the hands of a court. The Code of Criminal Procedure of the Republic of Lithuania does not provide a legal basis for the prosecuting authorities to secretly intercept the content of all communications of the users of mobile telephones, which are fully encrypted by means of a special software and a modified device, and it is therefore questionable whether (i.) the transfer of the data obtained in this way to Lithuania as an extraditing state meets the substantive legal conditions arising from Article 162 of the CPC, which, according to the Code of Criminal Procedure of the Republic of Lithuania, defines the legitimacy of the use of the information obtained in another criminal proceeding, and whether (ii.) the data obtained by the receiving state by means of such a measure can be used in the criminal proceedings of Lithuania as an issuing state as evidence in an incriminating sense. If the executing State does not disclose the nature and essential technical characteristics of the means used to intercept the full content of the users’ communications by means of mobile telephones, which, by means of special software and a modified device, provide a fully encrypted connection, the defendants in general are deprived of an effective opportunity to know and present their position on these incriminating facts; therefore, such evidence is inadmissible in Lithuania’s criminal proceedings as an extraditing state.

Mitigating Negligence in Regulatory Enforcement: Analyzing the Communications and Multimedia Act 1998 and the Criminal Procedure Code

The Communications and Multimedia Act 1998 is pivotal in regulating Malaysia's communications and multimedia industry. While the Act gives Malaysian Communications and Multimedia Commission officers enforcement rights, it excludes the ability to make arrests, which is a privilege reserved for police officers under the Criminal Procedure Code. This paper examines the practical implications of this division of arrest authority, focusing on potential negligence in enforcement. The study examines the intersection of regulatory enforcement and the tort of negligence by reviewing relevant laws and case studies. The study found that incorporating accountability measures into the enforcement process can help maintain transparency and uphold the integrity of regulatory actions. Recommendations based on the findings suggest strategies for mitigating negligence in enforcement actions. Understanding this intersection is crucial for ensuring lawful and responsible law enforcement actions in the communications and multimedia industry.

KẾT LUẬN ĐỊNH GIÁ TÀI SẢN TRONG LUẬT TỐ TỤNG HÌNH SỰ VIỆT NAM VÀ MỘT SỐ KIẾN NGHỊ HOÀN THIỆN

The 2015 Criminal Procedure Code introduced asset valuation conclusions as a new type of evidence, crucial in resolving criminal cases. This article examines the criminal procedure stipulations and identifies current legal shortcomings concerning asset valuation conclusions, including their types, content, format, and the rights of participants regarding these conclusions. From this analysis, the authors propose recommendations to enhance the Vietnamese criminal procedure law, particularly in reforming evidence sources like asset valuation conclusions.

Plea Bargaining as a Reform in Criminal Procedure Law: An Analysis of Article 199 of the Draft Criminal Procedure Code

The criminal justice process in Indonesia is characterized by lengthy proceedings, significant costs, and a growing prison population, highlighting the need for new policies to address these challenges. The adoption of the plea-bargaining concept, prevalent in common law jurisdictions, offers a potential solution for the Indonesian criminal justice system. Article 199 of the Draft Law on Criminal Procedure introduces a similar concept, allowing defendants who admit guilt to crimes punishable by no more than seven years in prison to have their cases transferred to a shorter trial process. This normative juridical research employed both statutory and conceptual analyses to evaluate the relevance of plea bargaining in the Indonesian context. It aims to assess whether the plea bargaining provisions in Article 199 of the Draft Criminal Procedure Code align with the principles of simplicity, speed, and cost-effectiveness, and whether they conform to Pancasila, the foundational ideology of Indonesia.

A few remarks on professional and expert activities in criminal proceedings

In criminal proceedings, the establishment of facts beyond reasonable doubt is a cornerstone principle, ensuring that criminal offenses are accurately identified and perpetrators are justly punished while respecting the rights of all parties involved. The proof process is vital, with evidence playing an essential role in determining the outcomes of various procedural stages. Among the types of evidence, expert evidence has become increasingly significant, especially with advances in science and technology broadening the scope of issues requiring specialized knowledge. This paper aims to analyze the roles and impacts of professional and expert activities in criminal procedures. It seeks to highlight the distinctions between expert reports and professional statements, illustrating their respective legal standings and importance in the context of Slovak law. By examining the regulatory framework, specifically Act No. 382/2004 Coll. on experts, interpreters, and translators, and the Criminal Procedure Code (Act No. 301/2005 Coll.), the paper delves into the conditions, rights, and obligations of experts. Additionally, it addresses the significance of expert consultants introduced by the Criminal Procedure Code, who provide advisory services without precluding the involvement of expert witnesses for comprehensive technical assessments. Expert reports, governed by stringent formalities, are pivotal in addressing complex technical issues within criminal cases. These reports must be produced by court-appointed experts and include detailed descriptions of the methods used and the conclusions drawn. Conversely, professional statements, considered documentary evidence, do not carry the same legal weight and lack the formalities required for expert reports. The Criminal Procedure Code also ensures that expert evidence is used appropriately by stipulating when and how expert opinions should be sought. This comprehensive approach ensures that all technical and scientific issues are thoroughly examined, contributing to the fair administration of justice. In conclusion, the integration of expert and professional activities in criminal proceedings enhances the accuracy and reliability of judicial decisions. By leveraging specialized knowledge, the legal system can better fulfill its mandate of delivering justice while upholding the principles of fairness and due process. This paper underscores the necessity of clear regulatory frameworks and the proper application of expert evidence to achieve these aims.

The subject of proof in the criminal process of Ukraine

The article claims that the process of proving is the main content of criminal procedural activity. It is thanks to this process that the tasks of criminal procedure are fulfilled and the objective truth is established in criminal justice. The subject of proof in criminal proceedings is one of the key categories related to the process of proving. Establishing all the circumstances that characterize such a subject contribute to a full pre-trial investigation and trial. A conclusion has been formulated, according to which evidence in a criminal procedure should be understood as the activity of the subjects of criminal justice in relation to the collection, verification and evaluation of evidence and their procedural sources, as well as the formulation of a certain thesis (accusatory or exculpatory) on this basis and the submission of arguments in support of it. This activity is retrospective in nature. The purpose of cognition in criminal proceedings is to establish a certain set of circumstances of a criminal offense, which have been called “the subject of proof in a criminal procedure.” The list of such circumstances is defined in Art. 91 of the Code of Criminal Procedure (CCP) of Ukraine. The subject of proof in a criminal proceeding is the list of circumstances provided for by the Criminal Procedure Law of Ukraine, which must be established in each criminal proceeding and ensure the adoption of a corresponding procedural decision. The list of circumstances to be ascertained in criminal proceedings regarding criminal offenses committed by minors should be considered as a supplementary, clarifying subject of proof in relation to the general subject of proof. Circumstances to be established during criminal proceedings regarding the application of coercive measures of an breeding nature in relation to minors who have not reached the age of criminal responsibility, and regarding the use of coercive measures of a medical nature constitute a separate, independent subject of proof in a criminal process, determined by the characteristics of a person who has committed a socially-dangerous act, and the specifics of the criminal procedural form.

Application of criminal law measures as a legal institution

The article highlights the issues of application of criminal law measures as an independent regulatory and legal institution which has a cross-sectoral nature. This institute is complex, since it includes two sub-institutes – criminal law and criminal procedure, and is characterized by its subject matter and method of legal regulation, and is intended to regulate social relations which arose in connection with the introduction in Ukraine of the institute of quasi-criminal liability of legal entities for the fulfillment of Ukraine’s international obligations. The author suggests that a regulatory legal institution should be set out in a standardized manner in various legal acts. Unlike the criminal law sub-institution of application of criminal law measures, criminal procedural rules are «scattered» throughout the text of the Code of Criminal Procedure of Ukraine, which impedes the effective application of the relevant rules. The analysis of the few verdicts that have imposed criminal legal measures on legal entities indicates that, given both the normative shortcomings in the presentation of criminal procedural rules of the institution of application of criminal legal measures and the actual lack of training of interested parties (investigators, prosecutors, judges, lawyers) in specialized educational institutions, this leads to shortcomings in law enforcement and the actual ineffectiveness of the institution as a whole. The author finds that when applying criminal law measures to a legal entity, courts made the following mistakes: they did so independently, without following the procedure for initiating proceedings against a legal entity regulated by criminal procedure legislation; in criminal proceedings against an individual, they approved a plea agreement with a criminal law measure against a legal entity when it was prohibited to do so. The author proposes to conduct specialized training on criminal law and criminal procedural features of quasi-criminal liability of legal entities in Ukraine for investigators, prosecutors, attorneys and judges.

Ensuring the reasonableness of criminal proceedings’ terms

It is indicated that the current Criminal Procedure Code of Ukraine dated April 13, 2012 for the first time at the legislative level established such a principle of criminal proceedings as the reasonableness of terms. Yes, in accordance with Article 28 of the Criminal Code of Ukraine during criminal proceedings, each procedural action or procedural decision must be performed or made within a reasonable time. The article is devoted to the analysis of criminal proceedings’ principle “reasonable terms”. During criminal proceedings, each procedural action or procedural decision must be performed or adopted within a reasonable terms. Terms that are objectively necessary for the execution of procedural actions and the adoption of procedural decisions are considered reasonable. Reasonable terms cannot exceed the terms of execution of individual procedural actions or adoption of individual procedural decisions provided for by the CPC of Ukraine. The pre-trial investigation is carried out within a reasonable terms by the prosecutor, the investigating judge (with regard to the time frame for consideration of issues falling within his competence), and the court conducts the court proceedings. The criteria for determining the reasonableness of criminal proceedings terms are: 1) the complexity of criminal proceedings, which is determined taking into account the number of suspects, accused persons and criminal offenses in respect of which the proceedings are being carried out, the volume and specifics of procedural actions necessary for conducting a pre-trial investigation, etc.; 2) behavior of participants in criminal proceedings; 3) the manner in which investigators, prosecutors, and courts exercise their powers. Criminal proceedings against a person in custody, a minor or a criminal offense committed against a minor must be carried out immediately and considered in court as a matter of priority. It is important to ensure the reasonableness of criminal proceedings terms to study this principle not only in science, but also in judicial practice, in particular, the practice of the European Court of Human Rights. Adhering to the reasonableness of the terms of criminal proceedings will contribute to the exercise of a person’s right to judicial protection, will ensure an effective and prompt investigation and trial, and thus will ensure the fulfillment of criminal proceedings’ tasks.

The relationship of advocate investigation and evidence in criminal proceedings

The article examines the institution of a lawyer’s investigation in criminal proceedings, as well as the activity of a defense attorney in collecting evidence within the framework of criminal proceedings, which should be regulated as fully and qualitatively as possible (as far as possible) in order to implement such principles of criminal proceedings as the presumption of innocence, ensuring the suspect’s right for the defense, competition of the parties, and these principles should apply not only at the stage of the trial, but also at the stage of the pre-trial investigation. Attention is drawn to the fact that currently, in practice, in the absence of legislative regulation of the procedure for the inclusion of information collected by the defense counsel in the materials of criminal proceedings, the defense counsel has to make a reasoned request to officials who are conducting criminal proceedings. It is noted that evidentiary information collected by the defense attorney on his own without involving the materials of the criminal proceedings cannot be used in the process of proving and substantiating the position of the defense in the criminal proceedings, i.e. become evidence in the full sense of the word. In this regard, it is proposed to make changes to the Criminal Procedure Code of Ukraine regarding the procedure for the inclusion of information collected by the defense attorney in the materials of criminal proceedings, including the procedure for providing it by the defense attorney and the procedure for receiving it from the defense attorney by the inquirer, investigator, prosecutor, and court, specifying that no the right, and the duty of persons conducting pre-trial investigation in criminal proceedings to attach evidentiary information to the materials of criminal proceedings. It is pointed out the need for regulatory regulation of the specified legal relations in view of the importance of the development of the institution of evidence collection by the subjects of criminal proceedings, including the defense attorney; since his activity in this field is necessary for the practical implementation of the principle of adversarial criminal proceedings, equality of the parties, as well as for objective pre-trial investigation and trial of each specific criminal proceeding.

Problematic aspects of attorney’s participation in pre-trial investigation under martial law

According to Article 59 of the Constitution of Ukraine, everyone has the right to legal aid. In cases provided for by law, this assistance is provided free of charge. Everyone is free to choose a defender of their rights. The Bar operates in Ukraine to ensure the right to defense against accusations and to provide legal assistance in resolving cases in courts and other state bodies. These provisions of the Constitution of Ukraine are duplicated in Article 20 of the Criminal Procedure Code of Ukraine. According to this provision, a suspect, accused, acquitted, or convicted person has the right to defense, which consists in providing him or her with the opportunity to provide oral or written explanations regarding the suspicion or accusation, the right to collect and submit evidence, to participate personally in criminal proceedings, to use legal assistance of a defense counsel, and to exercise other procedural rights provided for by the CPC of Ukraine. Thus, the direct duty of law enforcement agencies is to protect the legitimate rights and freedoms of a person regardless of his or her gender, nationality, language, citizenship, age, social origin, political beliefs, etc. At the same time, the protection of the rights, freedoms and legitimate interests of a suspect, accused, defendant, acquitted person, a person in respect of whom compulsory medical or educational measures are to be applied or the issue of their application in criminal proceedings is being decided, a person in respect of whom extradition to a foreign state is being considered, as well as a person being brought to administrative responsibility during the consideration of an administrative offense case is carried out by an advocate. This is, in particular, stated in the Law of Ukraine «On the Bar and Practice of Law» № 5076-VI of July 05, 2012. Taking into account the above provisions, it is important to identify and analyze the problematic aspects of the participation of an attorney-at-law in pre-trial investigation in accordance with the current legislation of Ukraine in the context of the introduction of martial law in Ukraine (Decree of the President of Ukraine «On the Introduction of Martial Law in Ukraine» approved by the Law of Ukraine of February 24, 2022 № 2102-IX).

Investigating crimes against the foundations of national security: analysis of the content of new articles of the Criminal Code

It is indicated that in the context of the russian invasion of Ukraine, there is an urgent need to modernize the forensic methodology of investigating crimes against the foundations of national security. Full-scale aggression has led to the emergence of new forms of such crimes, including treason, sabotage and collaborationism, which pose a serious threat to the sovereignty and territorial integrity of the state. The updated methodology should take into account the peculiarities of the state of war, the difficulty of gathering evidence in the occupied territories, and the need to counter cybercrimes and information sabotage. It should ensure effective detection, documentation and investigation of crimes in conditions of limited access to the places of their commission, taking into account the risk of loss of evidence due to hostilities. In addition, the methodology should facilitate rapid response to new threats to national security, including hybrid forms of aggression, and improve coordination between various law enforcement agencies and special services. An important aspect is also the consideration of international cooperation in the investigation of war crimes. The author notes that the analysis of the draft Law «On Amendments to the Criminal and Criminal Procedure Codes of Ukraine on Improving Liability for Collaborative Activities and Related Criminal Offenses gives reason to say that it offers an innovative approach to the wording of Article 111-1 of the Criminal Code of Ukraine, clearly defining the types activities that qualify as criminal offenses. However, some aspects of the new edition need clarification and refinement. The main problem lies in the insufficient specificity of individual wording of actions classified as collaborative activities. This creates the risk of an overly broad interpretation, which can lead to difficulties in the practical application of the law during the investigation of this type of crime, ambiguity in law enforcement, the risk of unjustified prosecution, and difficulties in distinguishing between legal and illegal activities under the occupation.

Ensuring that the prosecutor implements the principle of legality during the notification of suspicion

The article establishes that in criminal proceedings granting a person the procedural status of a suspect in committing a criminal offense is an important decision that requires the validity of the suspicion and control over the legality of its adoption. The problematic issues of ensuring the implementation of the principle of legality by the prosecutor during the notification of suspicion have been studied. It has been established that the prosecutor’s provision of legality during the notification of suspicion consists in: strict observance of the procedure established by law; ensuring the legal subject conducting the criminal process and reporting the suspicion; in getting to know the rights of the participants in the proceedings and ensuring their realization of these rights; as well as compliance with legal requirements regarding procedural terms. It was established that criminal prosecution before the decision to notify a person of suspicion is a direct violation of the implementation of the principle of legality, since the person has not acquired the criminal procedural status of a participant, which he actually is at the time of the proceedings, not in form, but in essence, according to the criminal procedural law. It was noted that a person who has not acquired the legal status of a participant in criminal proceedings cannot exercise his «legal» rights, in particular the fundamental right to defense. Attention is drawn to the fact that a general violation of the principle of the legality of criminal proceedings, with the acquisition of relevant grounds and notification to the person of suspicion, the criminal process must comply with another procedure established by law, which is manifested in a clear outline of the legal position of the defense party in criminal proceedings, counting of established procedural terms, etc. It was concluded that the prosecutor, who is the procedural head in a specific criminal proceeding, can supervise the observance of laws during the notification of suspicion, in the form of: a preliminary prosecutor’s counter, by approving the notification of suspicion, revision of previous procedural decisions of the investigator, inquirer, checking at the same time, the validity of the notification of suspicion; personal making of legal decisions at the pre-trial investigation, in particular in the form of notification of suspicion personally by the prosecutor. It was proposed and argued that it would be appropriate to set the time limit for preparation for the defense after notification of suspicion at least 14 days before the completion of the pre-trial investigation in one of the forms provided for by the Criminal Procedure Code of Ukraine.

Юридическая хроника

In the September Chronicle, read comments on the criminal case of Pavel Durov in France, on the laws on amnesty for business crushing, on mining, on the introduction in the Criminal Procedure Code of an online form of meetings between a advocate and a prisoner, on changes in the foreclosure of a bankrupt’s only home, and on new approaches of the Supreme Court to the recognition and enforcement of international commercial arbitration awards.

Correlation of the concept of «judicial control» with the concepts of «justice» and «judicial protection» in the criminal procedure of Ukraine

In the article, the author notes that the introduction of modern approaches to the legal regulation of the judicial control mechanism into the Criminal Procedure Code of Ukraine of 2012 was one of the right ways to realize the right to a fair trial. It is noted that judicial control, along with other mechanisms of criminal procedure, also ensures the implementation of the rule of law, a qualitatively new approach to understanding the rights and freedoms of a person in criminal proceedings, and a humanistic approach to criminal proceedings. The author also notes that both practitioners and scholars have repeatedly addressed the issues of the concept of judicial control, its features, and correlation with other categories and concepts. And the research by comparing the concept of «judicial control» with the concepts of «justice» and «judicial defense» will make it possible to establish new features of judicial control in criminal proceedings in Ukraine. That is why the author set as the purpose of the study to establish the correlation between the concept of «judicial control» and the concepts of «justice» and «judicial defense» in the criminal procedure of Ukraine. The article analyzes the works of Ukrainian scholars who reveal both the above concepts and their correlation, and also uses the decision of the Constitutional Court of Ukraine. The study concludes that judicial protection is an effective mechanism for guaranteeing rights and freedoms in criminal proceedings, and judicial control is a way of judicial protection. In the author’s opinion, it should be borne in mind that such control is exercised not only during the pre-trial investigation, but also during the judicial stages of criminal proceedings. The author concludes that justice and judicial control are separate functions in criminal proceedings. Their differences are related to the stages of criminal proceedings and their purpose and form of implementation. The subjective composition of the realization of justice and judicial control is not always different. Thus, in the case provided for in Part 3 of Article 309 of the Criminal Procedure Code of Ukraine, a judge will exercise judicial control over non-appealable rulings of the investigating judge, as well as justice in the same criminal proceedings.

Tracing Trajectories: Qualitative Visualizations of Migrant Death in South Texas, 1993–2020

Executive Summary This paper explores how qualitative information may be used to enhance understanding and inform recommendations for improved accounting of migrant deaths along the Texas-Mexico border. While border crossing related deaths affect jurisdictions throughout the US’s Southwestern border states and Northern Mexican states, Texas has unique challenges that merit specific examination. In short, the management and investigation of unidentified migrant decedents in Texas is severely fragmented and often noncompliant with Texas Criminal Code Procedure. I explore a way to improve accounting of migrant deaths leveraging qualitative information, local newspaper articles from South Texas and Northern Mexico, by using descriptive summaries coupled with Sankey Diagrams and a programmatic technique, qualitative spatial representation (QSR). QSR enabled me to identify under-recognized stakeholders (South Texas locals, Mexican consulates) and under-supported counties (i.e., those with migrant deaths that do not share a border directly with Mexico). I found that local English-language newspapers obscured the prevalence of migrant deaths and that their narrative tone of “business as usual” normalized the occurrence of such deaths. The Spanish-language articles better represented the diversity of agencies and individuals that were involved in the various aspects of migrant remains management and forensic investigation, most notably residents of South Texas themselves (or situational participants who first found the remains) and Mexican consulates. Finally, I noted that the collaborations among Texas counties and between Texan and Mexican jurisdictions, when they were described in the newspapers, highlighted that the phenomenon of migrant deaths penetrates beyond the dividing line of the Rio Grande/Río Bravo River. Migrant deaths must be accounted for in a way that reflects a regional experience in which people may perish as far as ~100 miles into Texas’ interior. Considering these observations, I have two policy recommendations. First, the Office of the Texas Governor should establish funds distinct from the Operation Lone Star program for the management of unidentified human remains. Currently, grants through the Operation Lone Star Program are the only funds available in Texas to support identification of migrant decedents. However, this program is explicitly designed to further border security operations in the state of Texas, which can contradict efforts around recovery and identification. The documentation and forensic investigation of the unidentified deceased can be eclipsed or neglected under the larger deterrence aims of Operation Lone Star. Second, to improve accounting and increase documentation of migrant deaths, a Regional Identification Center should be established in South Texas. Not every county in Texas has or has access to a Medical Examiner’s office, including the means to transport and pay for autopsy or other forensic services. The Center would provide training, store extra equipment such as mobile refrigerated morgues, and hire personnel to inventory cases, and report information to the state (e.g., vital statistics) and to foreign consulates. A Regional Identification Center would counteract the challenges highlighted in the local newspaper summaries and QSR by decreasing the isolation of counties experiencing migrant deaths and serve as a documentary and communication hub for stakeholders in Texas and Mexico.

Comparative Legal Analysis of the Use of Electronic Format of Criminal Cases and the Procedure under the Code of Criminal Procedure of the Russian Federation

Comparative Legal Analysis of the Use of Electronic Format of Criminal Cases and the Procedure under the Code of Criminal Procedure of the Russian Federation

SPEEDING UP JUSTICE: A CRITICAL ANALYSIS OF THE PRINCIPLE OF SPEEDY, SIMPLE, AND LOW-COST TRIALS IN INDONESIAN CORRUPTION CASES

This article investigates the issue of delays in law enforcement's implementation of criminal law in corruption cases, particularly in relation to the principles of speedy, simple, and low-cost trials. Utilizing a normative legal method and statutory approach, alongside case studies, the study explores the persistent delays in the Indonesian criminal justice system despite the emphasis on these principles. Delays in the reading of indictments have raised suspicions and potential discrimination in the enforcement of corruption cases. The right of a defendant to a prompt resolution, as outlined in the Criminal Procedure Code aligning with the shift from an inquisitorial to accusatorial principle and human rights development, is highlighted. However, the findings reveal that these principles are not consistently and effectively applied in Indonesia's criminal justice system. Key issues identified include prolonged, complex, and costly law enforcement processes in corruption cases, as well as obstacles hindering the swift and cost-effective resolution of state losses. Discriminatory practices, though not overt, manifest in various stages of the legal process, impeding the realization of fast, simple, and low-cost justice. To address these challenges and ensure fair trials, law enforcement must prioritize ethical and moral considerations in their practices

PENINJAUAN KEMBALI KEDUA DALAM PERKARA PIDANA BERDASARKAN SURAT EDARAN MAHKAMAH AGUNG NOMOR 7 TAHUN 2014

The right of review is the right of the perpetrator, in contrast to ordinary legal remedies whose application is enshrined in Article 268 paragraph (3) of the Criminal Code. However, in SEMA Number 7 of 2014, a review can be submitted on the grounds that there is a conflict between the decisions. Through Decision 467 Pk/Pid.Sus/2021, the panel of judges decided that the application was unacceptable. From the description above, the author intends to analyze two main issues to be examined, namely whether the decision is in accordance with the Criminal Procedure Code, and whether the reason for the decision is not acceptable to the application. In this paper, the author conducts a descriptive analysis method. Based on the discussion presented in this paper, it is concluded that the decision is not in line with Article 79 of Law Number 14 of 1985 concerning the Supreme Court, using the reason that there is no contradiction submitted as evidences as required in SEMA Number 7 of 2014

Penyelidikan Dan Penyidikan Dalam Perkara Pidana

Introduction: Criminal law enforcement in Indonesia has started from a short but long and long time, at least it can be seen from the enactment of law number 8 of 1981 concernig the Criminal Procedure Code. Police in carrying out their duties as law enforcement officers must be based on law number 2 of 2002 Indonesian National Police.Purposes of the Research: Analyze and discuss the legal reasons reports in criminal cases and the legal consequences if a reported criminal case is not processed.Methods of the Research: This study uses a normative juridical research method because it uses a literature study that adheres to the juridical aspects with the types of statutory approaches, conceptual approaches, and case approaches.Results of the Research: The results of the study show that regulations regarding reports that can be rejected by the police have not been clearly regulated, only sanctions related to the police code of ethics are provided so that many people feel unfairly related to what yhe police have dne in terms of rejecting reports for reasons that are not clear on the law. Investigationsinto criminal cases have also not been fully carried out because many investigators are less professional. If it results of the investigations of the report cannot meet the evidence, the investigator can stop the investigation being carried out.