Criminal Procedure Law Research Articles

Improving the Legal Provisions on Initiating Cases at Victim’s Request: Recommendations from the Criminal Procedure Laws of Russia and China

Improving the Legal Provisions on Initiating Cases at Victim’s Request: Recommendations from the Criminal Procedure Laws of Russia and China

The Extent of Adherence to the Inspection Stipulated in the Criminal Procedure Law by Members of the Judicial Police with the Constitutional Texts in Jordan

Backgrounds: The Extent of Adherence to the Inspection Stipulated in the Criminal Procedure Law by Members of the Judicial Police with the Constitutional Texts in Jordan Objective: Identify the legal articles contained in the Jordanian Code of Criminal Procedure, which include inspection procedures Theoretical framework: The study relied on the descriptive approach, relying on a review of the legal legislation in the Jordanian Code of Criminal Procedure and the extent of its compatibility with the constitutional texts as a guarantee for the preservation of human rights in Jordan. Method: The study relied on the descriptive approach, relying on many sources and information in addressing the theoretical framework of the study to the main sources Results and conclusion: Commitment to procedures for searching people and places in accordance with the provisions of the law based on the provisions of the Jordanian Constitution. Commitment to international treaties and conventions that have been signed and which stipulate respect for personal rights related to the inspection of people and places. Implications of the research: The theoretical importance emerges from the importance of the information added in the research in addition to the importance of the concepts that will be used in this study, and leads to increased researchers’ interest in the concept of the extent of compliance with inspection stipulated in the Jordanian Code of Criminal Procedure by the judicial police with the constitutional texts in Jordan. Originality/value: Increasing the interest of researchers in the concept of the extent of compliance with the inspection stipulated in the Jordanian Code of Criminal Procedure by the judicial police with the constitutional texts in Jordan.

Comparison of the Provisions of the Austrian and German Criminal Procedure Laws on Victims with the Hungarian Legislation

Victims are necessary participants in the criminal process, but until the 20th century they were marginalised. Since then legislators have recognised the importance of victim protection. The Council of Europe and the European Union are also striving to regulate victims' rights and to establish minimum standards, naturally with special emphasis on the rights and protection of the most vulnerable victims. The preamble of the Hungarian Criminal Procedure Act treats the increased protection of victims and the enforcement of their rights as a priority objective. In my study, I will compare the provisions of the Hungarian Criminal Procedure Act with the provisions of the Austrian and German laws on victims. I have chosen these two countries for the comparison because the Hungarian legal system, due to its historical traditions is the closest to them. I believe that it is primarily the practice of these two countries that should be examined and compared with Hungarian legislation.

Proof and proving: legislative technique of criminal procedure laws of the Republic of Moldova and the Russian Federation

Proof and proving lies at the heart of criminal procedure regulation, significantly impacting the quality of law enforcement. In the post-Soviet states that once shared a unified legal system during the USSR dissolution, original criminal procedural laws emerged, exhibiting intriguting examples of evidence and proof rules’ layout. The purpose of the study is to discern the distinct design characteristics of evidence and prove institutions in the criminal procedure laws of the Republic of Moldova and the Russian Federation. The study’s methodological framework rests upon the general scientific principles of cognition such as objectivity, comprehensiveness, pluralism, and historicism. It employs historical, formal-logical and comparative methods, as well as document analysis. By comparing the normative models of evidence and proof institutions in Moldovan and Russian criminal procedure laws, a shared approach to the concept of evidence as a fusion of form and content becomes apparent. Distinct features of the Moldovan criminal procedure law include the systemic and structured arrangement of evidence rules, the formal adoption of the concept of a means of proof, and precise use of terminology. Conversely, the Russian criminal procedure law disperses evidence rules actoss general and specialized sections, leading to regulatory duplications and terminologicals inaccuracies. The historical roots of the evidence and proof institution layout trace back to November 20, 1864, Charter of Criminal Procedure. The Charter’s systematization of norms reflected the nuances of the pre-revolutionary Russian process. Despite the subsequent stage structuring evolution during the Soviet era and procedural form differentiation, the Soviet legislator retained the pre-revolutionary rules’ systematization on evidence. Presently, the current criminal procedure law maintains much of the previous regulatory content, highlighting essential areas for enhancement in evidence and proof institution design to allign more closely with the process’ stage structure and procedural form differentiation, thus mitigating potential abuse of rights. Addressing these design shortcomings is crucial. Rectifing Russian legistation following the comparative study allows drawing insights from Moldova’s legislative experience.

Use of innovative technologies in criminal procedure law: challenges and opportunities

Use of innovative technologies in criminal procedure law: challenges and opportunities

Theory and Practice of Procedural Defense With Illegal Evidence Exclusion Rule as Core

Procedural defense is a form of defense proposed by defense counsel based on criminal procedural law, aiming to safeguard litigation rights and supervise the legality of procedures. It is an important component of criminal defense. The illegal evidence exclusion rule is the core content of procedural defense and an important means to achieve judicial justice in criminal cases. This paper, taking the illegal evidence exclusion rule as its core, explores procedural defense from both theoretical and practical perspectives. Firstly, it defines the concept of procedural defense and reviews the development of the illegal evidence exclusion rule, elucidating its current status. Secondly, it categorizes four types of procedural defense: request-based, demand-based, defensive, and remedial, elaborating on their characteristics, application conditions, operational methods, and practical effects. Through a case analysis of the Zhang Guoxi Bribery Case, it demonstrates the specific application of procedural defense in practice. Thirdly, it discusses the value significance of procedural defense, pointing out that procedural defense not only embodies the value of procedural justice but also contributes to achieving the goal of substantive justice. It is of significant theoretical and practical value for safeguarding the litigation rights of defendants, supervising the procedural legality of prosecuting authorities, and promoting the efficiency and fairness of criminal proceedings. Finally, it analyzes the challenges and dilemmas faced by procedural defense in Chinas criminal procedural practice, mainly manifested in the lack of clear and perfect legal basis, the unfair and undemocratic practice environment, and the insufficiently significant and stable practical effects of procedural defense. Some improvement strategies and suggestions are proposed in order to provide reference for the healthy development and wide application of procedural defense.

Constructing the Concept of Commissioner Judge in Enforcing the Exclusionary Rules Principle in Indonesia

Pretrial aims to protect human rights from misuse of authority by law enforcement officials. The concept of commissioner judges, which aims to be a substitute for the current pretrial procedure. It is expected to achieve the objectives of criminal procedural law that respects human rights by upholding the exclusionary rules principle. This study aims to understand the role of the commissioner judge in upholding the principle of exclusionary rules to achieve a criminal legal process that respects human rights. Further, a normative approach used statutory, conceptual, and comparative legal approaches. The author tries to discover the concept of a commissioner judge upholding the exclusionary rules principle to assess the validity of evidence obtained by law enforcement officials. It is hoped that the objectives of criminal procedure law that protect and guarantee the interests of human rights can be achieved by the concept of commissioner judge.

Limitation of the right to appeal against the decision to take the case to court

Abstract The Albanian code of criminal procedure regulated with Law 35/2017, dated 30.3.2017, was amended by bringing a subject to procedural delays. The decision of the judge of the preliminary hearing is related to the acceptance of the request to send the case to trial, the dismissal of the accusation or the case and the change of the legal qualification of the criminal offense. One of the decisions that the Law has given to the judge of the preliminary hearing is the transfer of the case to the court, which takes this decision if it conclusively considers that there is sufficient evidence to send the case to trial, therefore this decision is not allowed to appeal. Therefore, the lawmaker has limited the right to appeal against this decision. The right to appeal against a court decision is one of the fundamental rights guaranteed in the Constitution of Albania, Article 43 of which sanctions that: “everyone has the right to appeal against a court decision to a higher court, except when otherwise provided in the law for minor criminal offenses, civil or administrative cases of minor importance or value”, in accordance with the conditions provided for in Article 17 of the Constitution. Referring to the Criminal Procedural Law, the Lawmaker stated that the court has a “decision” and an “order” (paragraph 1, Article 112 CPC). In disciplining appeals, the lawmaker in his article 407, paragraph 1, explicitly provided that “the Law determines the cases in which court decisions and orders may be appealed, as well as the remedy for appeal”. Referring to Article 332/g, it is provided that no appeal is allowed against the decision to refer the case to court. Therefore, due to this provision, the right of appeal is limited. This article will address the problems of bringing the case to trial without completing the necessary investigative actions, as it limits to the individual one of the rights that is not only procedural but also material such as the request for a shortened trial which brings not only economic benefits for the proceeding body but also a 1/3 reduction of the sentence for which he can plead guilty. A decision which cannot be appealed to a higher court.

ON THE POSSIBILITY OF INTERDISCIPLINARY ANALYSIS OF CRIMINAL PROCEEDINGS THROUGH THE IDEAS AND PRINCIPLES OF ECONOMIC SCIENCE

Criminal procedural law and criminal proceedings are quite often studied in modern legal science in the context of the development of illegal practices of an economic nature. However, at present, the patterns of transformation of economic activity determine not only the specificity of objects and the objective side of illegal acts, but also allow, through economic analysis of law, to expand scientific approaches to the substantive characteristics of the criminal process and legal proceedings. Such an interdisciplinary approach is extremely rarely used in modern scientific research, which determines the relevance of the analysis undertaken. The purpose of the presented research is to identify the peculiarities of the influence of the economy on criminal procedural law and criminal proceedings. The author comes to the conclusion that economic relations currently serve as the basis not only for the functioning of the state, but also the activities of individuals and legal entities are quite often focused on certain patterns of this area. It is noted that modern man is largely reoriented to the principles of economic interaction, and therefore other processes can be perceived through the prism of economic approaches. In this context, the possibility of considering criminal proceedings at the intersection of economics and law is substantiated. Attention is focused on modern views regarding the economic model of the criminal process and legal proceedings, corresponding to modern criminal practice and the perception of the corresponding illegal functioning on the part of the individual, society and the state.

DISADVANTAGES OF USING FORENSIC TECHNIQUES IN THE SYSTEM OF COUNTERACTION FACTORS TO THE INVESTIGATION

The article states. that the issues of identifying and overcoming opposition to the investigation have attracted and continue to attract the attention of scientists who have devoted a significant amount of work to the study of relevant problems. The materials of the analysis of investigative practice also indicate the existence and necessity of their solution. Opposition to the investigation is carried out by various actors and in various forms. However, its occurrence is often caused by the inaction of investigators and interrogators. superficially carrying out checks on crime reports. They do not ensure the collection and use of necessary legal and forensic means in establishing their signs, allowing the loss of important information and various objects - carriers of search and evidentiary information, which entails the impossibility of filling in these shortcomings. They are equally obliged to carefully comply with the provisions of the criminal Procedure law on the conduct of investigative and other procedural actions after the initiation of a criminal case, and to make maximum use of the recommendations of private forensic methods for investigating certain types of crimes to ensure comprehensiveness. the completeness and objectivity of their activities, thereby neutralizing attempts to counteract it. According to the author, the organizational and administrative documents of the Investigative Committee of the Russian Federation and the Prosecutor General's Office of the Russian Federation should focus the attention of investigators more. heads of investigative agencies. Prosecutors are not only responsible for studying them. but also to make full use of private forensic techniques. Reinforcement can ensure: a) more thorough compliance by investigators. investigators of procedural and criminalistic discipline at all stages of pre-trial criminal proceedings; b) a more competent and demanding approach by the heads of investigative bodies, bodies of inquiry, employees of procedural control units of procedural control units. prosecutors to step-by-step analysis and evaluation of materials of pre-trial proceedings; c) prevention and overcoming of obstacles to the investigation caused by its conduct.

On Expanding the Range of Victims of Coercion To Testify

Building a state governed by the rule of law involves improving the mechanism for combating encroachments on justice ensuring observance of human and civil rights and freedoms. In changing criminology realities, in the focus of discussion are the ways to increase the effectiveness of guaranteesaimed to observe the rights and freedoms of persons involved in criminal proceedings, also with the help of criminal legal means. The paper presents the criminal law analysis of the signs of a victim of coercion to testify (Article 302 of the Criminal Code of the Russian Federation). The subject of the study is the set of definitions used by the legislator to describe the signs of a victim of coercion to testify, as well as the provisions of criminal procedure legislation regulating the legal status of participants in criminal proceedings protected by the norm under consideration. The analysis of the stated problems is based on the legal views of the highest judicial authorities, with regard to historical, legal and doctrinal aspects. An interdisciplinary approach made it possible to identify the peculiarities of the legal status of persons classified by the legislator as victims of coercion to testify. The paper analyzes the legal status of the person whose criminal case was severed from the rest as a result of a plea bargain with him, as well as the person against whom proceedings to take compulsory measures of medical nature are conducted. The study focuses on the applicant, the eyewitness, the victim of the crime and parties of no procedural status but possessing important criminal information. The current criminal legislation does not provide for bringing the offenders to justice in case of undue influence against parties with an informal procedural status in the course of criminal proceedings. The paper substantiates the need to classify these parties as victims of coercion to testify. There is a discrepancy in the terminology of criminal and criminal procedure laws, and imbalance in providing punishment according to general and special rules. The undertaken research proposes to improve the legal and clerical condition of the current version of Article 302 of the Criminal Code of the Russian Federation in terms of clarifying the range of victims, and to review the penalty with regard to the general rule.

Specification in the Soviet Law of Ensuring by the Court the Right of the Defendant to Protection in His Right to Questions in Interrogations

The object area of the study is the legal relations considered in the related normative construction of the principle of ensuring the right of the defendant to defense and his subjective right to questions in judicial interrogations, which arose on the basis of the Criminal Procedure Code of the RSFSR of 1960. As the main method, normative scaling is used, based on the axiom of the normative similarity of different-sized legal constructions (the normative principle of ensuring the right of the defendant to defense and a separate rule on the right of the defendant to questions in court interrogations). As a result of the study, the following conclusions are formulated. The implementation of the normative invariant that existed in the rule on ensuring the defendant’s right to personal defense by the court in the form of his use of questions during judicial interrogations did not have a complete concretization in the institute of questions during judicial interrogations. The large-scale normative object (the principle of criminal procedure) did not show full similarity in the rules on the questions of the defendant in judicial interrogations. The absence of a complete similarity between the principle of ensuring the right to defense and the defendant’s right to questions may indicate a conflict of laws in the bilateral structure of legal relations (the defendant has the right, and the court is obliged to ensure this right), the need to consider the application of a tripartite model of legal relations in the current criminal procedure law, in which the court»s duty will be presented differently.

Pelanggaran Pembatasan Kewenangan Aparat Penegak Hukum Dalam Hukum Acara Pidana Terkait Kasus Kekerasan Dalam Penyidikan

The police apparatus is one of the law enforcement officers as a state instrument that plays a role in maintaining public security and order, as well as providing protection, protection and services to the community. However, the facts in the field say, there are still many violations of the principles of the rule of law in the realm of criminal procedure law, one of which is violence committed by law enforcement officials in the realm of investigation. The purpose of this writing is to find out how legal protection is given to victims of violence in investigations and to find out how the role of law enforcement officials should be in interpreting authority and power. The research method used by the author is normative legal research using data collection techniques through document study activities on secondary data. The results obtained from this writing are that suspects who experience violence in the investigation can make legal efforts through their family or legal counsel in accordance with what is regulated in Article 77 of the Criminal Procedure Code. In addition, in the context of accountability, law enforcement officials must be prepared to account for their actions and decisions to interested parties, including the community at large.

The phenomenon of psychological reliability of the testimony of a minor participant in criminal proceedings

This article provides a justification for the insolvency of the phenomenon of psychological reliability of the testimony of a minor participant in criminal proceedings in the light of current legislation and the existing level of scientific development. The study contains an analysis of the proposed concepts of psychological reliability, as well as foreign experience in their application.The main reason for the illegality of the appointment and production of expert examinations of the reliability of the testimony of minors is that the expert is not classified by the criminal procedure law as a subject of evidence assessment. In addition, the results of investigative actions cannot be the subject of expertise within the meaning of the norms of Federal Law No. 73-FZ “On State Forensic expertise in the Russian Federation”.The conclusions based on the results of the reliability examinations cannot be called justified due to the lack of a sufficiently developed scientific and practical base for such studies.The authors present a legally acceptable and effective form of using special knowledge in the process of forming, using and evaluating the testimony of juvenile participants in criminal proceedings. It is proposed to identify the individual psychological characteristics of a minor through expert research in order to further take these results into account by appropriate assessment subjects when deciding on reliability.

On the functions of the prosecutor in criminal proceedings

The article is devoted to the study of the functions of the prosecutor in the judicial stages of criminal proceedings, and provides an analysis of statistical data from the General Prosecutor’s Office of the Russian Federation on the participation of prosecutors in criminal proceedings. The results obtained allow us to assert that the prosecutor performs two functions during criminal proceedings: the criminal procedural function of prosecution and the constitutional and legal function of supervision over compliance with the Constitution of the Russian Federation and the execution of laws. At the same time, at the stages of trial (in the court of first instance) and appeal proceedings, when the principle of adversarial parties is fully implemented, the prosecutor supports the state prosecution, thereby performing the procedural function of the prosecution. In the remaining stages of judicial proceedings, the prosecutor exercises the function of supervising compliance with the law. The conclusion is formulated that the proposed approach requires a rethinking of the role of the prosecutor in criminal proceedings from the position of the constitutional and legal status of the Russian prosecutor’s office, as well as amendments to the norms of criminal procedure law.

PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA KORUPSI DANA TUNJANGAN KINERJA KEJAKSAAN NEGERI BANDAR LAMPUNG

ABSTRACT Corruption is a form of dishonesty or criminal act committed by a person or an organization entrusted with a position of power, to obtain illicit profits or abuse of power for one's personal gain. The problem in this research is what was the factor that caused the perpetrator to commit the criminal act of corruption in the performance allowance funds of the Bandar Lampung State Prosecutor's Office (Decision Study Number: 16/Pid.Sus-TPK/2023/PN.Tjk) Article 2 paragraph (1) Jo. Article 18 paragraph (1) of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes Jo. Article 55 paragraph (1) 1 of the Criminal Code Jo. Article 64 paragraph (1) 1 of the Criminal Code, Law Number 46 of 2009 concerning Corruption Crime Courts, Law Number 8 of 1981 concerning Criminal Procedure Law and other relevant statutory regulations, adjudicates This case decided to sentence the defendant to a prison sentence of 7 (seven) years and 6 (six) months minus the time the defendant was in custody, with an order that the defendant remain in detention.

The Right of the Victim and Private Prosecutor to Reconciliation with the Person Who is Being Criminally Prosecuted

The article is devoted to the analysis of the legal regulation of the rights of the victim and private prosecutor to reconciliation with the person against whom criminal prosecution is being carried out . It is concluded that the criminal procedure law in general rules does not establish the right of the victim and private prosecutor to reconciliation with the accused . At the same time, such rights are directly or indirectly regulated in special norms .Arguments are given for and against directly establishing the right of the victim to reconciliation with the accused in Art . 42 of the Code of Criminal Procedure of the Russian Federation . The author comes to the conclusion that in cases of public prosecution, the absence of an obligation to terminate the criminal case in connection with the reconciliation of the parties means the impossibility of directly securing the victim’s right to reconciliation . It is proposed to formulate this right as the right of the victim “to file a petition to terminate the criminal case in connection with the reconciliation of the parties”, which corresponds to the discretionary nature of Art . 25 Code of Criminal Procedure of the Russian Federation . At the same time, it is concluded that this right must be explained to the victim, regardless of the presence of other conditions for exemption from criminal liability in accordance with Art . 76 of the Criminal Code of the Russian Federation .In cases where the case is not dismissed, it is proposed to regard the reconciliation of the parties as a circumstance mitigating punishment .

Russian Criminal Procedure to Protect the Rights and Legitimate Interests of Entrepreneurs

The article discusses changes in Russian criminal procedural legislation related to criminal proceedings on crimes in the economic sphere committed by entrepreneurs in connection with their entrepreneurial or other economic activities. It is noted that these changes are due to the general policy of the state aimed at increasing the economic activity of the population and accelerated economic development of the country as a whole. In this regard, the author provides critical statements by the country’s leaders regarding the current law enforcement practices. The article consistently sets out individual institutions of criminal procedural law affected by these changes. Thus, the features of initiating criminal cases for certain crimes in the economic sphere classified as cases of private-public prosecution are described. The general rules for conducting investigative actions, including those related to the seizure of electronic storage media in cases of this category, are described. Considerable attention is paid to the selection of preventive measures against entrepreneurs and general restrictions on the use of detention against them. Special grounds for termination of criminal prosecution of entrepreneurs in connection with their compensation for damage are described. The author notes that the process of improving legislation in this area is far from complete and will continue depending on the needs of practice.

On the issue of the introduction of information and telecommunication technologies in criminal proceedings

Assessing the development of Russian criminal procedure science in modern conditions of digitalization, the author seeks to understand what impact the use of information and telecommunication technologies can have on the development of criminal proceedings, ensuring human and civil rights and freedoms. Discussing the threats of the rapid implementation of IT technologies by the criminal community, it is concluded that it is necessary not only to counter criminal encroachments, but also to digitalize criminal procedures through the introduction of electronic criminal proceedings, electronic interaction of subjects of criminal prosecution with individuals and legal entities using cyberspace (messengers, information platforms), and the use of video conferencing. Attention is focused on an integrated approach to the formation of an information society and scientific and technological development, and some aspects of this approach are presented, implemented in the educational and scientific activities of the Moscow Academy of the Investigative Committee named after A.Y. Sukharev. Using the example of the investigator’s exercise of the right to appeal against the prosecutor’s decisions using information and telecommunication technologies, the author’s position on optimizing the timing of the preliminary investigation, procedural control, prosecutorial supervision and taking response measures aimed at protecting the rights of participants in criminal proceedings is argued. Considering legislative measures for the digital transformation of criminal procedure law, the author comes to the conclusion that they are aimed at improving criminal proceedings by introducing a new form of proceedings, simplifying the work of subjects of criminal prosecution, and providing additional guarantees to «non-professional» participants in criminal proceedings by ensuring their access to justice .

Problematyka budowania relacji lekarza seksuologa z pacjentem na gruncie systemowych instytucji procedury karnej i wykroczeniowej

The issues presented in this text include problems related to a relationship between a sexologist and a consulted person on the basis of criminal and misdemeanor procedure. The author prefaces his deliberations with an introduction devoted to introductory issues, including general aspects of the subject under discussion, such as sexual health, sexuality or sexual rights. Entering the sphere of discussing procedural institutions, the author describes the regulations contained in the criminal and misdemeanor procedural law, with regard to the role of the sexologist. By pointing to the moment of the statutory introduction of a sexologist into the criminal procedure, the author draws attention to his position in relation to other court witness experts. By taking up the subject, the author points out the issue of the relationship between a patient and a sexologist doctor (medical sexologist), which has its legal basis in the medical legislation. Continuing his reflections, the author explains the key role of soft competencies, which are overlooked in the formal requirements of the expert's work.