Final Court Research Articles

Predictors of periprocedural myocardial infarction following percutaneous coronary intervenction in NSTEMI

Abstract Background Percutaneous coronary intervention (PCI) has demonstrated a significant positive prognostic impact on outcomes in patients with Non-ST-elevation myocardial infarction (NSTEMI). However, PCI is associated with an increased risk of periprocedural complications, among which periprocedural myocardial infarction (PMI). Although risk factors of periprocedural events are only well established in patients undergoing PCI for chronic coronary syndrome with normal baseline cardiac troponin (cTn) levels, evidence on predictors of additional post-PCI myocardial infarction in patients with acute coronary syndrome who present elevated cTn levels at baseline (pre-PCI) is missing. Purpose To identify the predictors of PMI in patients affected by NSTEMI undergoing PCI. Methods We prospectively evaluated all NSTEMI patients admitted to our coronary care unit from 2017 to 2022 who underwent PCI. NSTEMI patients were managed according to the current European guidelines criteria. The diagnosis of PMI (type 4a myocardial infarction) was based on the Fourth Universal Definition of Myocardial Infarction. We only enrolled patients with stable (≤ 20% variation) or falling pre-procedure baseline cTn values. A multivariable logistic regression analysis was performed to investigate the factors independently associated with the occurrence of PMI after PCI. For the analysis, we selected the main known predictors of PMI after elective PCI, specifically age, serum creatinine, GRACE score > 140, multivessel disease, coronary bifurcation PCI, left main or proximal left anterior descending PCI, multivessel PCI and stent length ≥ 60 mm. Results The final court of the study included 1412 patients. PMI was recognized in 240 patients (17.0%). Although the patients who developed PMI had a higher risk profile as documented by a higher mean age, a higher complexity of atherosclerotic disease, and thus a significant technical difficulty of PCI compared to other patients, according to the multivariable model, only age [OR: 1.02 (95% CI: 1.01-1.04); p=0.006], coronary bifurcation PCI [OR: 3.71 (95% CI: 2.70-5.10); p<0.001], and stent length ≥ 60 mm [OR: 1.87 (95% CI: 1.30-2.68); p=0.001] were independent predictors of PMI. Interestingly, despite previous studies have demonstrated a predictive role of procedural complexity features, this was not completely confirmed by our analysis, in which left main or proximal left anterior descending PCI [OR: 0.92 (95% CI: 0.66-1.26); p=0.596] and multivessel PCI [OR: 0.83 (95% CI: 0.56-1.23); p=0.357] were not associated with an increased risk of periprocedural ischemic complications. Conclusions Among NSTEMI patients undergoing PCI, age, coronary bifurcation PCI and stent length ≥ 60 mm represent independent predictive factors of type 4a MI. This finding may have important clinical implications for clinical practice, providing valuable insights for the identification of higher-risk patients that can benefit from a more aggressive treatment.

PENITIPAN GANTI RUGI DALAM PENGADAAN TANAH JALAN TOL SERPONG-BALARAJA (STUDI PUTUSAN NOMOR 422/PDT.BTH/2021/PN TNG)

The construction of the Serpong-Balaraja toll road faced issues with the amount of compensation not matching the determined results, leading to Custody of Compensation in the District Court. This article addresses two main problems: (1) Whether the Custody of Indemnity Procedure by the Ministry of Public Works and Public Housing (PUPR) and the Director aligns with the law, and (2) How the judge ruled in the Maryati case regarding the Custody of Indemnity by the Ministry of PUPR. This descriptive normative research uses literature studies for data collection, analyzed qualitatively, with conclusions drawn using the deductive method. It was found that the Ministry of PUPR and the Director General of Bina followed the consignment process correctly according to the laws, yet under Presidential Regulation Number 71 of 2012, if the eligible party rejects the compensation amount set by a final court decision, the consignment process fails to reach an agreement. Thus, the conclusion is that the Indemnity Deposit Procedure by the Ministry of PUPR in acquiring land for the Serpong-Balaraja toll road project did not comply with the applicable laws and regulations.

Criminal Procedural Function of the Prosecutor when Terminating a Criminal Case with the Imposition of a Court Fine

In the article is analyzed the role of the prosecutor in terminating a criminal case with the imposition of a criminal law measure in the form of a court fine. Attention is drawn to the fact that the traditional understanding of procedural functions can be changed in relation to this participant in criminal proceedings when it comes to releasing a person from criminal liability. The reason is the processes of functional convergence, which contribute to the unification of the supervisory function and the function of criminal prosecution when deciding to terminate a criminal case with the imposition of a court fine. The participation of the prosecutor is mandatory in the court hearing when a criminal case is terminated on this basis; the prosecutor also approves the request of the investigator, due to the fact that today only the court can impose a court fine, but the criteria by which the decision is made cannot be objectively established in criminal law, therefore the prosecutor acts as an additional guarantee of the protection of the rights of participants in criminal proceedings and the legality of the court decision.

The principle of proportionality of measures to enforce decisions and the volume of claims under decisions in enforcement proceedings

The article is devoted to the peculiarities of the principle of proportionality of measures of forced execution of decisions and the volume of claims on decisions in enforcement proceedings. It is determined that the principle of proportionality of measures of forced execution of decisions and the volume of claims on decisions in enforcement proceedings finds its manifestation in a number of provisions of legislation. The article cites these provisions of the legislation on enforcement proceedings and analyzes them. It is pointed out that the essence of the principle of proportionality of measures of compulsory execution of decisions and the volume of claims on decisions is always associated with the need to ensure and respect the rights of the debtor. However, in the author’s opinion, this principle should also reflect another important aspect of enforcement proceedings – sufficiency of enforcement measures for the actual execution of the decision. This side should also be enshrined in the content of the principle of proportionality of measures of forced execution of decisions and the volume of claims under the decisions. It is concluded that the principle of proportionality of measures of forced execution of decisions and the volume of claims under decisions should not be considered narrowly enough. Scientific positions concerning the legal regulation of the principle of proportionality of measures of forced execution of decisions and the volume of claims under decisions are studied. The opinion is supported that in the legislation on enforcement proceedings it is necessary to formulate a separate article devoted to the content of the principle of proportionality of measures of forced execution of decisions and the volume of claims on decisions. Separate aspects of determining the criteria of proportionality of measures of compulsory execution of decisions and the volume of claims under decisions and judicial practice have been studied. On the basis of the analysis it is concluded that an important general criterion of proportionality of measures of forced execution of decisions and the volume of claims on decisions is the criterion of legality of the executor’s actions developed by the judicial practice of the Supreme Court. The criterion of proportionality should be the focus of the executor’s actions to ensure the fulfillment of the final court decision.

Formulation of contextual circumstances in final court decisions on cases of violation of the laws and customs of war: peculiarities of legal argumentation

The article analyzes the peculiarities of legal reasoning in final court decisions in cases of violation of the laws and customs of war (Article 438 of the Criminal Code of Ukraine) in the context of such contextual circumstances as the existence of an international armed conflict during which and in connection with which the relevant war crime is committed. The author identifies the following shortcomings in the wording of contextual circumstances in sentences under Article 438 of the Criminal Code of Ukraine: an extensive historical excursion into the historical past of our State and world organizations, as well as the lack of a clear definition of such contextual circumstances. The author proves that in addition to the direct establishment of such circumstances, final court decisions should state the existence of a relevant victim, object and subject of a war crime, which are elements of the mechanism for determining contextual circumstances, as well as independent signs of the crime under Article 438 of the Criminal Code of Ukraine. It is determined that the legal arguments used in final court decisions should include a brief description of the factual and temporal factors of the international armed conflict on the territory of Ukraine, which take place in the country as a whole, as well as the local aspect of the international armed conflict, the existence of which is proved by the occupation of the Ukrainian settlement where the war crime event took place. In addition, when describing the contextual circumstances of the crime under Art. 438 of the Criminal Code of Ukraine, it is advisable to refer to international normative documents and international case law. It is determined that a complete description of the contextual circumstances will ensure the «stability» of court decisions in the courts of appeal, which may be appealed by the defense party arguing that there are no relevant contextual circumstances, which, in the opinion of the defense, indicates that an ordinary crime was committed, rather than a war crime. Key words: war crime, violation of the laws or customs of war, contextual circumstances, international armed conflict, criminal proceedings, international humanitarian law, final judgment, quality of judgment, legal technique, legal reasoning.

ISSUES OF IMPROVING THE INSTITUTION OF JUDICIAL FINE

The purpose of this article is to consider issues of improving the institution of a judicial fine in the Russian criminal law. The authors consider the similarity in name with other institutions and the direct connection with the provisions of Article 46 of the Criminal Code of the Russian Federation. The authors present different views on the conceptual apparatus of the problem under consideration and its limitation from similar definitions in the field of civil procedure, and also make proposals to change the name for a clearer differentiation. The prospects for reforming the judicial fine in the context of improving criminal legal mechanisms are discussed. Conclusions: It is proposed to establish restrictions on exemption from criminal liability in connection with the imposition of a court fine and the termination of criminal prosecution. These restrictions are proposed to be extended not only by category of crime, but also by the object of the crime, as well as by the nature and degree of public danger. That is, it is proposed to exclude the possibility of applying a judicial fine for certain crimes provided for by individual articles of the special part of the Criminal Code of the Russian Federation.

Families of Victims Often Reject Forensic Autopsies in Cases of Unnatural Death

Forensic autopsies are integral to determining the exact cause of someone's death. In Indonesian criminal law, specifically Articles 222 of the Criminal Code and Articles 133-134 of the Criminal Procedure Code (KUHAP), provisions regarding forensic autopsies are outlined. However, there are challenges in implementing the requirement to notify the victim's family about the autopsy, which can hinder the enforcement of law in cases of unnatural deaths. It's crucial to note that only through forensic autopsies can material truths be scientifically revealed, from the initiation of investigations to the presentation of evidence in court. Legal cases and final court decisions underscore the importance of forensic autopsies in proving cases categorized as material criminal offenses. Therefore, in cases of unnatural deaths, the execution of forensic autopsies should not necessarily depend on the victim's family consent to ensure fair legal certainty for all parties involved - the victim, perpetrator, and society. This study aims to understand the role of forensic autopsies in unnatural deaths and examine cases where the victim's family rejects the autopsy based on Article 222 of the Criminal Code in conjunction with Articles 133-134 of the Criminal Procedure Code. The research methodology combines normative and empirical approaches to analyze applicable legal norms and their application in events to achieve predefined objectives. Findings indicate that the refusal of the victim's family to consent to a forensic autopsy in unnatural deaths significantly impacts court decisions, potentially obstructing law enforcement agencies in resolving cases. Even if the family objects, law enforcement agencies must continue their duties, as forensic autopsies are vital for court evidence, typically presented as a report issued by forensic experts or doctors under police instruction. During trials, victims can still attain legal certainty and justice. Forensic autopsies should align with existing laws. It is hoped that from this research the implementation of forensic autopsies can proceed as regulated in criminal laws and regulations.

In Search of Fundamental Fairness and Equal Protection: The Role of the U.S. Supreme Court in Shaping American Democracy

In July 2023, the U.S. Supreme Court ruled on two cases: Students for Fair Admissions vs. the University of North Carolina and Students for Fair Admissions v. President and Fellows of Harvard College, effectively prohibiting the use of race as one of many factors in college or university admissions decisions. To explore these two cases, we conducted a content analysis of the legal briefs, the final court ruling, concurrences, and dissents. In its ruling, the Court did not overturn precedents upholding affirmative action, but the majority interpreted those prior cases in such a way that makes it impossible to justify the use of race in college admissions. Although these cases are from the context of higher education, the ruling highlights the fragility of affirmative action generally and may challenge the legal and regulatory structure that underpins many other important civil rights issues.

The Failure to Recognize Continuing Harm: Post-Separation Domestic Abuse in Child Contact Cases.

This article presents findings from a case file review of post-separation parenting cases in England and Wales. It first outlines that jurisdiction's legal framework relevant to these cases, before providing an overview of the findings relating to the profile of the cases and their outcomes. It then describes the types of abuse most frequently encountered in these cases, and examines the attitude of the courts to post-separation abuse by looking at both interim and final court orders. The study finds that key legal provisions governing these cases are not being followed, with little understanding shown for the nature of post-separation abuse.

Binding Interpretation of Law in Ethiopia: Observations in Federal Supreme Court Cassation Decisions

The Federal Supreme Court Cassation Division reviews cases based on cassation petition against final court decisions when they contain a fundamental error of law. Such decisions of the Cassation Division rendered by five judges are binding on lower courts. This article reviews cassation decisions for content and form under six categories. It also reviews how the Cassation Court sees its role to better contextualise the effectiveness of those decisions. It finds that the Cassation Division sees itself as part of a court, not an independent judiciary based on separation of powers, and its decisions show significant deference to administrative decisions, and heavy-handed interpretation and application of the rules of criminal and administrative laws. In civil cases, it shows strict interpretation of statutes; it does not resort to principle-based interpretation of rules; it rather interprets statutes as any other ordinary court does. Even if continental legal systems do not envisage case laws through their judicial decisions, courts are not expected to merely rely on the literal readings of the law where such readings are silent, absurd, unreasonable, inconsistent, and contrary to legislative intent. With regard to the form the judgments are written, there are decisions that are not befitting a Cassation Division, the highest judicial organ in Ethiopia.

Specific features of obtaining and using electronic evidence in criminal proceedings

The relevance and importance of this research is due to the fact that scientific and technological progress and rapid development of information technology in all spheres of public life have significantly influenced the emergence of new types of criminal offences. Criminals are using computer systems and other portable devices to commit unlawful acts with increasing frequency. Today, many criminal offences are being committed with the help of information technology around the world, ranging from simple online fraud to the threat of a territorial act. Therefore, one of the ways to record (document) such illegal activities effectively is to obtain (collect) electronic evidence by law enforcement agencies in criminal proceedings. In this regard, the key role is played by evidence, which helps to form an evidence base that makes it possible to notify a person of suspicion, send an indictment to the court and make a final court decision on the guilt (innocence) of a person in committing a particular criminal offence. Achievement of this objective undoubtedly necessitates a specific legal procedure for seizure of electronic evidence in criminal proceedings, which is not yet clearly defined in terms of its collection, leading to numerous cases of courts declaring such evidence inadmissible.
 In the course of the scientific research, the author of the article analyses the views of scholars on the interpretation of the concept of electronic evidence; provides the legislative interpretation of this term (unlike the CPC of Ukraine, other procedural codes enshrine the concept of electronic evidence); studies the case law on the issue of electronic evidence being admissible/inadmissible; and identifies the main features of electronic evidence, etc.
 Given the fact that the Russian Federation commits war crimes on the territory of Ukraine on a daily basis, the author states the need to collect and record evidence of such crimes from open sources, which will further ensure the prosecution of the perpetrators.
 In the course of studying the specific features of obtaining and using electronic evidence in criminal proceedings, the author applied general scientific and special scientific methods, in particular, dialectical, formal and logical, and comparative legal methods. The interrelated use of these methods allowed for a comprehensive study, where each of these methods was used at a certain stage of the examination of the specific features of obtaining and using electronic evidence in criminal proceedings.

Decision of the Constitutional Court of Ukraine as interpretation legal acts

The article examines the legal nature of decisions of the Constitutional Court of Ukraine as interpretative legal acts. It is noted that constitutional law-making is a special form (variety) of law-making, which has a multi-level and multi-aspect nature, which is determined by its special nature, essence and functional purpose. Constitutional law-making is a special activity of competent law-making subjects, which is carried out in a special procedural order and is aimed at adopting, changing and canceling the norms of the Basic Law of the state and constitutional acts of law-making. The specificity of the activity of the Constitutional Court of Ukraine is that it does not administer justice in the direct sense. Its powers include: resolving issues of compliance with the Constitution of Ukraine (constitutionality), laws of Ukraine and other legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea; official interpretation of the Constitution of Ukraine; resolution of questions about the conformity of the Constitution of Ukraine (constitutionality) of the laws of Ukraine (their individual provisions) on the constitutional complaint of a person who believes that the law of Ukraine applied in the final court decision in his case contradicts the Constitution of Ukraine. It is emphasized that the legal positions formulated by the Constitutional Court of Ukraine at making decisions are based on the systematic interpretation of constitutional norms in their interrelationship, the systematic and substantive analysis of constitutional provisions. However, the interpretative activity of the Constitutional Court of Ukraine is broader than the provision of official interpretation of the norms of the Constitution of Ukraine, it also covers interpretation during the constitutional review of normative acts, public (domestic and international) treaties and during the consideration of constitutional complaints. It was concluded that the interpretive activity of the Constitutional Court of Ukraine is broader than the provision of official interpretation of constitutional norms, it also covers interpretation during the constitutionality check of normative acts, public (domestic and international) treaties (and during the consideration of constitutional complaints). Interpretative acts are an auxiliary means of constitutional and legal policy, they have a derivative, secondary character in relation to normative and legal acts. However, their role in the activity of the Constitutional Court of Ukraine is difficult to overestimate, because they are able to ensure the implementation of high-quality constitutional and legal policy in almost all directions of its influence on legal validity. They are entrusted with the function of specifying the legal norms established by the legislator for their correct and effective implementation. As a tool of activity of the Constitutional Court of Ukraine, interpretative acts are characterized by the following features: they contain confirmation of the results of the interpretation of legal norms; are drawn up in accordance with the rules of legal technique; are accepted in a procedurally determined manner; are mandatory; capable of causing legal consequences.

Moral foundations in gender violence cases decided in Portuguese courts

Gender violence encompasses a multitude of morally problematic psychological, physical, and sexual behaviors that, in most countries, constitute criminal offenses. In this study, we investigate the association between moral foundations ( Care, Fairness, Loyalty, Authority, and Sanctity) and punitive responses to gender violence offenses. Our case study focuses on gender violence in Portugal, a country in which these offenses are a prevalent social problem. We collected data on gender violence legal cases decided in Portuguese courts between 2002 and 2022, and we used a latent class cluster analysis model to identify the complex patterns in the data and reduce such patterns to a distinct number of clusters. Four main clusters unravel latent relations between the foundations mapped in the legal narratives and corresponding punitive responses: (i) Affirmative with suspended prison time (moral rhetoric rooted in Authority); (ii) Mixed outcomes but no prison time (moral rhetoric rooted in Sanctity); (iii) Affirmative with lengthy prison time large compensation (moral rhetoric rooted in Loyalty and Care); and (iv) Affirmative with court fines (moral rhetoric rooted in Fairness). The moral foundations provide a valuable lens to understand the problem of gender violence, but further research is needed to establish the causal mechanisms between morality and punitive responses to gender violence.

The Legitimacy of Ignoring the Victim’s Opinion when Terminating a Criminal Case with the Imposition of a Court Fine

The subject of this study is ensuring the rights and legitimate interests of the victim upon termination of a criminal case and criminal prosecution with the imposition of a court fine (Article 76 .2 of the Criminal Code of the Russian Federation). Analysis of the current criminal legislation, Decisions of the Plenum of the Supreme Court, materials of investigative and judicial practice, as well as doctrinal studies concerning the issue being sought and presented on the pages of legal publications, allowed us to state the lack of a uniform understanding of taking into account the position of the victim when deciding on the release of a person from criminal liability on the basis of the provisions of the Criminal Procedure Code (Article 25 .1 of the Code of Criminal Procedure of the Russian Federation) and the criminal legislation of the Russian Federation (Article 76 .2 of the Criminal Code of the Russian Federation). The results of the conducted research allowed us to conclude that the presence of an individual whose rights and legitimate interests were violated as a result of a criminal encroachment, having the status of a victim of a crime, should be an important legal fact taken into account by investigative and judicial authorities when considering criminal cases. Opinion of such person (objection or consent) regarding the termination of the criminal case and criminal prosecution in general and with the appointment of a material payment to the state’s income (art . 762 of the Criminal Code of the Russian Federation), in particular, is of decisive importance for law enforcement agencies.

THE ELIMINATION OF THE LEGAL DEFECIENCIES OF FINAL JUDGMENTS

The final convicting verdict marks the beginning of the process of enforcing the final court decision, as stated in the formal pronouncement of the judgment passed by the court. The court verdict evolves from a thorough and meticulous factual reonstruction of the criminal act, and the application of the criminal code norms to the determined facts. The institutionalised reaction to the offender’s suspected wrongdoing is crowned by the final verdict, passed in the closing stages of the court proceedings. Filing an appeal against the final verdict ensures the supervision of the legality and the regularity of the verdict rendered during the first-instance proceedings. The court’s decision about the legal remedy is final and executive. The consequences of any deficiencies present in the final verdict may be removed only by a decision passed by a high court in the proceeding initiated by extraordinary legal remedies. The final verdict can be annulled because of its factual or legal deficiencies. This paper examines the deficiencies of the legal grounds of the final verdict.

Постановления, устраняющие недостатки приговора, как иные судебные решения в российском уголовном процессе

The subject of the study is the legal nature of the decisions made in the process of execution of the final court decision, the purpose of which is to eliminate its shortcomings that impede its execution. Such decisions include rulings on the execution of a sentence in the presence of other unexecuted sentences; on the offset of the time spent in custody, as well as the time spent in a medical institution; on clarifying doubts and ambiguities arising during the execution of the sentence. The scientific approaches of researchers to the legal nature of these decisions and their place in the criminal process are considered. 48 Уголовное судопроизводство № 1-2024 When applying the dialectical method of cognition, these decisions are investigated in conjunction with other court decisions issued in the domestic criminal process. The use of such private scientific methods of cognition as analysis, synthesis, abstraction, induction, deduction, systemic led to the conclusion that these decisions have procedural and legal features that are different from those that are normatively fixed and theoretically developed in the science of the criminal process, such as characteristic of interlocutory judgments. The position on the need to separate these decisions into an independent group of “other court decisions” in the Russian criminal process is substantiated.

Compensation for Damage or Compensation for Damage Caused By a Crime, as a Sign of a Court Fine

The problematic aspects of compensation for damage or making amends for the harm caused by the crime are investigated as one of the basic signs of the type of exemption from criminal liability in the form of a court fine. As a result, the author formulates and substantiates the concepts of compensation for damage and compensation for damage caused by a crime, in relation to the category of a court fine. The article analyzes the judicial practice and the elaboration of this problem in the scientific literature. Relevant conclusions and proposals have been formulated.

Ar Lietuvos Respublikos Konstitucinio Teismo jurisprudencijos kontekste lis pendens turėtų būti konstituciniu principu?

The Constitutional Court of Lithuania is the watchdog of the Constitution which has been forming its official constitutional doctrine for over thirty years and has decided on many important legal issues. However, at least at the Constitutional Court’s level, it is still to be discussed whether lis pendens should be treated as the constitutional principle. It is widely accepted that it is undesirable to have a situation where parallel proceedings involving the same parties and the same cause of action are continuing in different countries simultaneously. When there is at least one final court decision on the merits, the res iudicata principle engages and prevents the possibility of a concurring decision. It is also recognized on the international level and at the level of the Constitutional Court of Lithuania that the res iudicata principle is, respectively, universal and constitutional. However, before the res iudiata protection steps in, lis pendens should prevent the parallel proceedings. This article argues whether lis pendens and res iudicata are, in principle, the two sides of the same coin and, if so, whether lis pendens, along with res iudicata, could have the status of a constitutional principle.

Who benefits from criminal legal reform? A natural experiment to assess racial disparities in a policy targeting monetary sanctions

Abstract Objective To examine disparities in court fines between American Indian and White convicted persons before and after a South Dakota reform, which trained court personnel to only assess fines that could be reasonably paid by defendants. Methods A natural experiment design using criminal records for the universe of convictions for misdemeanor arrests between July 2011–June 2015 (N = 34,700) was employed to estimate the association between the reform and the likelihood of a fine using logistic regression. Results The reform was associated with reductions in fine assessments in urban (OR, 0.63; CI, 0.39–1.04); rural, no Indian Country (OR, 0.24; CI, 0.18–0.33); and rural, part-Indian Country counties (OR, 0.24; CI, 0.18–0.32). Both American Indian and White persons experienced these reductions, but the reductions were smaller for American Indians in urban counties. Conclusions A defendant’s race and features of local court structures may shape judicial behavior in response to monetary sanctioning reforms.

Amount of a court fine

Amount of a court fine