Criminal Proof Research Articles

The Electronic Testimony and its Effect in Criminal Evidence: A Study of the Jordanian and Emirati Legislations

This research aimed to shed light on the concept of the electronic testimony. It explained the electronic testimony's general and specific conditions, and the extent of its validity in criminal proof. Moreover, it examined the obstacles facing the electronic testimony, whether legal or technical, indicating the position of the Jordanian and Emirati legislators on it. The descriptive approach was used and the findings reflected that the Jordanian legislator has permitted conducting electronic testimony in all crimes. Furthermore, it permitted hearing witnesses electronically even if they are abroad. This is based on bilateral and collective agreements and treaties concluded between member states. Significantly, the studied legislators approved hearing the evidentiary testimony of anyone under fifteen years of age. They also permitted resorting to the assistance of a translator in the event that the holder of the electronic testimony is deaf or mute.

Komparasi Sistem Pembuktian Hukum Acara Pidana Antara Indonesia Dengan Republik Rakyat Cina

Indonesia regulates its criminal proof system in the Indonesian Criminal Procedure Code, while China governs its proof system under the Criminal Procedure Law of the People's Republic of China. Although both Indonesia and China follow a Civil Law system, there are similarities and differences in their criminal proof systems. This study employs a normative legal research approach with a descriptive-analytical nature, utilizing secondary data analyzed qualitatively and drawing deductive conclusions. The research findings indicate that the similarity between the criminal proof systems of Indonesia and China lies in the presence of proof hearings during the trial process in both countries. The difference is found in the types of evidence admissible in court: Indonesia recognizes five types of evidence, whereas China acknowledges seven types.

Utilization of Big Data in Criminal Case Disclosure by the Indonesian Police Investigators

The benefit of using Big Data in uncovering criminal cases is its ability to trace the digital footprint of criminals. The purpose of this paper is to find out the use of big data in criminal cases by the Indonesian National Police. A digital footprint is a physical copy of photos, voice posts, and a criminal event that can be traced to reveal the perpetrator’s crime. Indonesian Police investigators do not need to spend a lot of time searching and verifying digital footprints because Big Data can be used to collect such information for analysis to find both the criminal events and the perpetrators. The use of big data in disclosing a crime has not been institutionalized in the investigation process carried out by the Indonesian Police investigators, due to the influence of the Negatief Wettelijk Bewijsleer-based proof system applicable in the proof system of the Criminal Procedure Code. The problem of this paper is how to uncover criminal cases by utilizing Big Data. A doctrinal approach was used to answer the problem. The results of the study indicate that the use of Big Data by the Indonesian Police investigators has not been followed by a regulation in the form of a criminal policy in the framework of evidence based on the Criminal Procedure Code. Digital evidence in the legal system in Indonesia has been regulated in the Law on Electronic Information and Transaction, but it has not been followed by an integrated coherence in the criminal proof system in the Criminal Procedure Code.

The Criminal Proof Mechanism for Gorilla Tobacco-Type Drug Crimes Under Guideline Number 11 of 2021 in Indonesia

<p>This study explores the legal intricacies of drug crimes involving substances like Gorilla Tobacco under Indonesia's Narcotics Law, aiming to address disparities in penalty severity. Employing legal normative methods, conceptual approaches, and statutory analysis, it examines key provisions of the law, particularly the proving mechanism for Gorilla Tobacco offenses and the significance of Guideline No. 11 of 2021. Emphasizing the need to standardize evidence calculation and suspect qualifications for a fair legal foundation, the research highlights the complexities in investigating and prosecuting Gorilla Tobacco-related crimes. It underscores the importance of international collaboration and community involvement in addressing these challenges. Through structured analysis, this study provides valuable insights into the evolving mechanism of criminal proof for Gorilla Tobacco offenses, advocating for fairness and effectiveness within the criminal justice system. The incorporation of Guideline No. 11 proves pivotal in this pursuit, offering a balanced response to the dynamic nature of drug-related crimes and the evolving legal landscape in Indonesia.</p>

The Role of Nanotechnology in a Forensic Investigation

Nanotechnology has been a part of science fiction novels and the subject of speculative research in secret laboratories, Nowadays, nanotechnology is one of the most promising and controversial emerging technologies among existing technologies Nanotechnology involves the manipulation of materials at the atomic and molecular level, typically at a scale less than 100 nanometers. At this scale, materials exhibit unique properties and behaviors, making them suitable for a wide range of applications. this study delves into how nanotechnology is transforming the world of forensic science and The Role of Nanotechnology in Forensic Investigation. and focuses a reality in applying nanotechnology at crime scenes, detecting criminals, and assisting judicial officers and forensic scientists as experts assigned by the prosecution to give a detailed report on the crime, and i discussed the concept and nature of nanotechnology and the use of this technology at crime scenes, as well as its validity in criminal proof. The result of this study is This technique has the authority to prove it before a criminal judge as material evidence, and the Public Prosecution can rely on it to file a criminal case In a Forensic Investigation.

Basic Considerations of Judges in Imposing Criminal Code Article 81 Paragraph 2 of the Child Protection Law Against Children Who Have Sexual Intercourse on the Basis of Consent

In this study, the author raises the issue of the basis of the judge's consideration in imposing punishment on children who commit Copulation on the basis of mutual consent. This is motivated because it is not clearly regulated in the Child Protection Law regarding the crime of sexual intercourse committed by a child if the sexual intercourse is carried out on the basis of mutual consent without any element of violence or persuasion from the perpetrator to the victim, causing a vacuum of norms. The formulation of this problem is How is the evidentiary arrangement of the case of sexual intercourse committed by a child on the basis of mutual consent in Indonesia and What is the basis for the judge's consideration in imposing a criminal decision based on Article 81 paragraph (2) of the Child Protection Law against children who have sexual intercourse on the basis of mutual consent. The objectives in this study are (1) To know and analyze the criminal proof of sexual intercourse committed by children on the basis of mutual consent in Indonesian criminal law enforcement. (2) To know and analyze the basis of the judge's consideration in handing down a verdict against minors who have consensual sexual intercourse. To analyze this problem, the theories that will be used as guidelines for analysis are the theory of evidence, the theory of justice, expediency and legal certainty. This type of research uses normative legal methods consisting of a statutory approach (statue approach), conceptual approach (conceptual approach) and case study approach (case law). The results of this study, the author concludes that the Child Protection Law does not recognize the term consensual because the position in child sexual intercourse against children who are consensual, children are seen in the position of victims. Although in the proof the act is done consensually or child fornication. The criminal regulation is regulated in Article 81 of Law Number 35 of 2014 concerning Child Protection

The role of modern technologies in criminal proof

مما لا شك فيه أن العالم قد تغير جراء التقدم العلمي الهائل الذي تشهده الدول، فهناك من استغل هذا التطور فيما يقدم به مصلحة لنفسه أو لمجتمعه، وفي المقابل هناك من استخدمه في جرائمه مما سهل عليه ارتكابها واخفاء ملامحها والدليل الناجم عنها للفرار من قبضة العدالة، مما يصعب الأمر على سلطات التحقيق في تقفي أثره ونسبة الجريمة له.
 وفي المقابل فإن هذا التطور ليس حكراً على مرتكبي الجرائم فقط، وإنما قد تلجأ إليه سلطات التحقيق أيضاً عند وقوع أي جريمة، خاصة الجرائم الخطيرة والمنظمة، وبهذا أصبح هذا الأسلوب إجراءً لابد منه وإن اعترته بعض الشبهات حول مشروعيته، ومدى قوته كدليل إثبات يصلح أن يكون له حجية الحكم المقضي به، وما مدى ارتياح القاضي له والاطمئنان له، والتأكد من أن سلطات التحقيق وهي بصدد استعماله في كشف الحقيقة لم تهتك ستراً، أو تفضح سراً يمس بكرامة الأفراد وصون حرياتهم وحياتهم الخاصة.

Legal Reconstruction of the Authority of Tapping by the Corruption Eradication Commission in Corruption Crime Investigation Based on Justice Value

This study aims to analyze the weaknesses and reconstruct regulations on the Authority of the Corruption Eradication Commission in Wiretapping Corruption Crimes which have not been fair so far because the regulation regarding wiretapping authority is still sectoral in nature and there is no specific law on wiretapping using the constructivism paradigm, the type of research in the form of non-doctrinal law, and a juridical-empirical approach. The results of this study show that the weaknesses in terms of legal culture include evidence used in criminal proof that is still limited to the Criminal Procedure Code and the law enforcement culture in Indonesia is still positivist in nature. The phrase "accountable to the supervisory board" in Article 12C paragraph (2) of the Corruption Eradication Commission (KPK) Law) is not based on Pancasila values of justice and does not have binding legal force. Therefore, a legal reconstruction is needed by strengthening the authority of the Corruption Eradication Commission to carry out wiretapping to prevent and eradicate criminal acts of corruption through the reconstruction of Article 12C in particular Article 12C paragraph (2) of Law Number 19 of 2019 concerning Amendments to Law Number 30 of 2002 concerning The Corruption Eradication Commission stated that "Wiretapping which has been completed must be accounted for to the Leaders of the Corruption Eradication Commission and notified to the Supervisory Board no later than 14 (fourteen) working days after the Wiretapping was completed".

THE IMPORTANCE OF SCIENTIFIC AND TECHNICAL DEVELOPMENT IN CRIMINAL PROOF

With the scientific and technological advancements witnessed in the modern era, most countries seek to benefit from this progress in all aspects of life, especially in the field of crime fighting, to uncover the truth and apprehend the real criminal, attributing the crime to them. Therefore, investigative authoritiesaim to utilize modern technical expertise in the field of forensic evidence to avoid human rights violations and ensure fundamental freedoms. The Palestinian Basic Law, amended in 2003, emphasizes the respect for human rights and considers it obligatory for Palestine to adhere to regional and international declarations and conventions protecting human rights. This study addresses the importance of scientific and technological development, some models of technical expertise, and their potential utilization by the criminal justice system and investigative authorities while examining the legality of these models according to legislation. Additionally, the study delves into the path taken by the Palestinian legislator concerning the evidence of criminal claims. It also explores the burden of criminal proof, who bears this burden in Palestine, and the matter of easing this burden. Furthermore, the study discusses the role of fingerprints in criminal evidence, the responsibilities of forensic medicine and the forensic laboratory, and the differences between them

PENERAPAN OMKERING VAN BEWIJSLAST DALAM PEMBUKTIAN TINDAK PIDANA KORUPSI INDONESIA

In criminal procedural law, criminal proof law is provisions regarding evidence which include evidence, evidence, methods of collecting and obtaining evidence up to submitting evidence in court as well as the strength of evidence and burden of proof in criminal cases. Evidence in criminal procedural law is generally regulated in the Criminal Procedure Code, but in its development, the evidentiary provisions in the Criminal Procedure Code are distorted by the Corruption Crime Law. The Corruption Law in regulating its evidence uses the omkering van bewijslast principle or balanced proof. This research is compiled with a normative juridical research method and is structured to determine the principle of omkering van bewijslast in the legal theory of evidence and its regulation in the Indonesian Corruption Law.

The Importance of The Minimum Limitation of Criminal Proof as The Implementation of The Unus Testis Nullus Testis Principle In Court

The main requirements in proving a criminal case must be based on valid evidence according to law and the judge's conviction on deciding a case. In the practice of the criminal justice system, there is often a lack of accuracy by judges in deciding a case, so unclear cases are still decided guilty by judges. That was only the accused's statement that proved the criminal act. What is the regulation regarding the minimum limit for proving a crime as a strength of the accused's statement as evidence of a crime in terms of the unus testis nullus testis? The imposition of decisions for perpetrators of criminal acts is regulated in Article 183 of the Criminal Procedure Code. However, there is no minimum limit for judges to consider proving a crime. Based on Article 189 (4) of the Criminal Procedure Code, the accused's statement is insufficient to prove a crime. This is because the interpretation of the article could be more precise. However, in practice, the accused's testimony has been used as the only evidence in deciding the accused's guilt in a criminal case in an Indonesian court. So, a minimum limit is needed in proving a criminal case. Criminal law as an ultimum remedium is not used arbitrarily by law enforcers and guarantees the protection of citizens' human rights as the goal of criminal law.

Could Robot Judges Believe? Epistemic Ambitions of the Criminal Trial as we approach the Digital Age

Criminal proof is unique, in that it must be able to account for the justification of both: accurate fact-finding and a fair trial. This is Sarah Summers’ main message in her article on the epistemic ambitions of the criminal trial, which focusses on belief as a sort of proxy for societal acceptance of truth as a set of facts established by compliance to procedural rules. This commentary tests her finding by scrutinizing whether it is conceivable that robots, complying to all rules, assist in fact-finding with a specific form of legal belief based on a sophisticated probability weighting opaque to humans. The result is in accordance with Sarah Summers: as long as robots cannot explain their beliefs, any criminal proof based on them flounders as it can neither be part of a fair trial nor ensure acceptance in the existing institutional framework.

Criminal Proof: Fixed or Flexible?

Abstract Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society.

The Strength of Electronic Evidence in the View of Islamic Law

Electronic documents are admissible as evidence under Law No. 11 of 2008 about Electronic Information and Transactions; consequently, it is vital to examine the use of electronic documents as evidence in positive Indonesian law and how electronic evidence is seen in Islamic law. Al-Qur'an and As-Sunnah have specified the requirements for criminal proof in Islamic law. This is normative juridical research pertaining to legal norms and regulations, court decisions, and living norms that arise in society. According to the findings of the study, electronic media can be utilized as evidence, but not as standalone proof. In the Islamic legal system, electronic proof is accomplished by qarinah/guidance, next creed/witness, and ultimately book/writing. Therefore, it is anticipated that this research will provide a theoretical addition to the subject of Islamic law so that the use of electronic media will no longer be a legal issue and the public would be able to continue using them as evidence.

On the Standard of Proof in the Case of Leniency in Admitting Guilt and Accepting Punishment

The standard of proof is the core issue in the field of proof, and it is also the final criterion for the adjudicator to determine the facts of the case. The standard of criminal proof is related to the defendant’s most basic rights such as personal, property and even life. In order to relieve the pressure of the current shortage of judicial resources in our country, the leniency system of plea guilty and accepting punishment was generated. The research on the standard of proof in the plea case has become a major difficulty in the legal circle of our country. The analysis of its institutional value and judicial practice demand shows that the single standard of proof in the plea case can no longer meet the needs of the perfect development of criminal proceedings in our country. Therefore, some scholars propose to lower the standard of proof in cases of guilty plea and punishment, so as to truly achieve the purpose of improving the efficiency of litigation (reduction theory), but other scholars believe that lowering the standard of proof is not desirable, and this will lead to a resurgence of investigation-centrism and confession-centrism (insist theory). Behind this disagreement is the trade-off between fairness and efficiency. In response to this issue, the author points out her point of view by analyzing the theories put forward by scholars.

Reasonable Doubt from Unconceived Alternatives

In criminal trials, judges or jurors have to decide whether the facts described in the indictment are proven beyond a reasonable doubt. However, these decision-makers cannot always imagine every relevant sequence of events—there may be unconceived alternatives. The possibility of unconceived alternatives is an overlooked source of reasonable doubt. I argue that decision-makers should not consider the defendant’s guilt proven if they have good reasons to believe that plausible, unconceived scenarios exist. I explore this thesis through the lens of the two most influential accounts of rational criminal proof—Bayesian and explanation-based approaches. I draw on related ideas from the philosophy of science to show why and when unconceived alternatives lead to reasonable doubt on either account.

The Authenticity of Visual Recording in Criminal Evidence in Palestinian Legislation

This study revolves around the authenticity of video recordings before the criminal judiciary in Palestine, as video recordings of all kinds have become widely spread in society, especially with modern technical development, and imaging devices have spread in public and private places, which opened the way to consider the authenticity of these recordings in the event The occurrence of a crime to benefit from it in criminal proof. The Palestinian judiciary has taken the legality of the evidence derived from visual recordings in public places, where it is required that the visual evidence, like the rest of the other evidence, is certain and unquestionable so that the verdict of conviction is based on it and the judge can reach its validity and conviction through the visual evidence presented to him from pictures and films and watching them through his computer screen. The researchers followed the descriptive analytical approach by addressing and analyzing the texts of Resolution Law No. 10 of 2018 regarding cybercrime, and Law of Criminal Procedure No. 3 of 2001 and analyzing them to reach the true will of the legislator. The study concluded that visual recording in an illegal private place is a violation of the sanctity of private life, a constitutional principle that the legislator was keen on in the Palestinian Basic Law, and the Palestinian legislator did not explicitly refer to the acceptance of visual evidence in criminal evidence except in the decision by Law No. 20 of 2015 on money laundering and terrorism financing, and the most important recommendations are related to the need to investigate the accuracy of uploading the visual evidence so that this evidence does not constitute a violation of the sanctity of the private life of individuals, with the need to adhere to the use of this guide by observing the legal controls related to the visual evidence.

The standard of proof “beyond a reasonable doubt” in criminal proceedings of Ukraine in the context of the ECHR case-law

The purpose of the paper is to determine a content of the standard of proof “beyond a reasonable doubt” (SP “BRD”) in the ECHRcase law and Ukrainian criminal proceedings by defining the criteria that characterize it. The subject is the SP “BRD”, doctrine of Ukraine and case-law, including its criticism by the individual judges of the ECHR and Ukrainian scholars. The research methodology includes the methods of analysis, the method of synthesis, the methods of deduction and induction, comparative-legal method, systematic and formal-legal methods. The results of the study. The acceptability of the SP “BRD” in the Ukrainian criminal proceedings is substantiated, in particular, its compliance with the purpose of criminal procedural proof. Practical implication. The criteria which characterize the SP “BRD” in the ECHR’s and SC’s case law are highlighted.

السجل العدلي وإشكالية العود إلى الجريمة = The Criminal Record and the Problem of Recidivism

السجل العدلي | العود الجنائي | الحق في العمل | الأشخاص المعنوية | الأشخاص الطبيعية | الإثبات الجنائي | عوامل العود الجنائي | The Criminal Record | Recidivism | Right to Work | Moral Persons | Natural Persons | Criminal Proof | Factors of Recidivism

Submission of items and documents as a way of gathering evidence in preliminary investigation of a criminal case

This article is devoted to the consideration of the representation as a simpler, in comparison with investigative actions, a purely «technical» method of collecting objects and documents to be attached to a criminal case as material evidence, other documents, expert opinions, the results of operational investigative and administrative activities of law enforcement agencies for the purpose of subsequent use to substantiate enforcement decisions. Methodologically, starting from his previous scientific publications devoted to the issues of criminal procedural proof in general and the collection of evidence in particular, the author investigates the phenomenon of the presentation of objects and documents, defines the circle of subjects initiating this procedure, considers the procedure for its implementation, notes the shortcomings of its legislative regulation. Particular attention is paid to the practical issues of the presentation of objects and documents in pretrial proceedings in a criminal case. The most acceptable methods and applied technologies of acceptance and transfer of potential evidence presented to the bodies of inquiry and preliminary investigation by suspects, accused, victims are analyzed and other interested participants, materials of operational-search activities, as well as items and documents submitted by «third» parties, that is, various government bodies, local local governments, their officials, enterprises, institutions and individuals.