Judicial Investigation Research Articles

IJTIMOIY XAVFLI QILMISH SODIR ETGAN SHAXSGA NISBATAN TIBBIY YOʻSINDAGI MAJBURLOV CHORALARI QOʻLLANAYOTGAN JINOYAT ISHLARIDA HIMOYACHINING ISHTIROKINI TAKOMILLASHTIRISH

This article can be seen as a meaningful continuation of the reforms that have been implemented in mamalakatımızı in recent years, the policy in our country for the protection of human rights and legitimate interests, the position of each person as a person in the country and, in our presidentʼs words, the idea of “first man – then state bodies”. In article, some proposals and recommendations have been developed in order of the constitution of the republic of Uzbekistan adopted in a new edition to provide a defense counsel who can adequately protect the rights and freedoms of people in cases when a socially dangerous act is committed by mentally retarded or mentally disturbed people or persons whose mental state is temporarily disturbed after committing a socially dangerous act, as well as that, some problematic issues arising in connection with the participation of the defense counsel in the judicial investigation practice were studied in detail. The proposals and recommendations cited in the article will contribute to the appropriate protection of their rights and interests and the provision of a defender in the application of medically enforced measures against persons who committed a socially dangerous act in a state of mental disorder in the future.

Judicial Investigators of Siberia: “Transitional” Justice of the Late 19th Century

One of the means of improving Russian justice in the era of Alexander II was the introduction of judicial investigators. Belatedly, in 1885, they were introduced into the pre-reform Siberian justice system and until 1897, were intended to investigate crimes together with police officials, which was a kind of transitional step towards the subsequent improvement of the court. The use of micro-historic detailing, as well as legislative acts, reports, materials of personal origin, statistics, periodicals, and archival documentation make it possible to comprehensively examine the activities of specialist investigators in Siberia on the eve of the Judicial Statutes of 1864 applied to the region, thereby significantly supplementing the ideas about the patterns of transformations of justice in the late Russian Empire, conditions of functioning of state bodies on the Siberian outskirts and their critical condition. The reform of 1885 was inconsistent, and as a result, the investigative part did not have sufficient resources or the ability to fight crime effectively. The content and staff of judicial investigators turned out to be insignificant; many were young and had no professional experience. Also, they fell into a hostile bureaucratic environment, managed extensive areas and were guided by outdated rules of procedure, but at the same time, they demonstrated official superiority in investigations over different ranks of the police. The latter ones were quite often ignorant and did not try to perform their secondary investigative duties. The activities of police officials were characterised by slowness and lack of professionalism, which worsened the performance of the entire Siberian investigative apparatus. Audits revealed systemic disorders and caused its arsenal to be regarded as unsuitable for defeating crime, and in government circles, the idea of the need for a new judicial transformation in Siberia prevailed. Having become a part of archaic justice in 1885–1897, the institution of judicial investigators confirmed the impossibility of the continued existence of “transitional” justice and called for the need to apply Judicial Statutes in full.

Cannabis profiling of seized samples: An intra-location variability study using gas chromatography-mass spectrometry profiles and multivariate data analysis.

Yearly, cannabis belongs to the most seized drugs worldwide. During judicial investigations, illicit cannabis profiling can be performed to compare seized herbal material. However, comparison is challenging because of the natural heterogeneity of the psychoactive crop. Gas chromatography-mass spectrometry (GC-MS) profiles, consisting of eight cannabinoids, were used to study the intra-location (within) and inter-location (between) variabilities. Decision thresholds were derived from the 95% and 99% confidence limits, applying Pearson correlation coefficients for the intra-location samples. The false negatives and false positives (FPs) determined the discriminative power of different pretreatments applied to obtain the lowest FP error rate possible. Initially, a 97 samples data set was used and with log transformation as pretreatment, a decrease in FPs from 38% and 45% FPs to 17% and 22%, for both confidence limits, respectively, was seen relative to internal standard normalization that was used as reference. An additional intra-plantation variability study with 130 samples verified whether the initial model contained sufficient within-location information, but this was not the case. Hence, a combined data matrix was constructed with all seized samples. Log transformation provided the best FP results for both limits, that is, an improvement from 58% and 64% to 21% and 26%, respectively, was seen. The representativeness of these 'linked' thresholds was demonstrated using both cross-validation and an external set, for which similar FP results as for the calibration set were obtained. By applying data pretreatment, a significant improvement was observed to distinguish seized samples. However, the FP rate is still not at an acceptable level to defend in court.

Explanation of an Expert in Court

The article is devoted to the problem of the impossibility of constructing criminal procedural relations in a judicial interrogation of an expert. In the judicial interrogation of an expert, there is a subjective right of authorized persons to ask questions to an expert (to interrogate an expert) and a subjective right of an expert to answer questions (to testify). Forensic interrogation of an expert can be replaced by an expert’s explanation, which involves communication between the expert and the participants in the judicial investigation in the form of a dialogue.

Surgical approach to evaluate neck mass in children concerning management protocols

Background: Neck masses in children are not common presentations in Head-neck specialized practice but when present they createpotential diagnostic dilemmas for consulting surgeon. These children may present as havingapparently simple harmless mass in the neckbut there are several alarming diagnostic possibilities. Attending surgeons should concern about the wide range ofdifferential diagnoses. Objective: Differential diagnosis and management of Neck masses in children differ from those in adults. A systematic approach to diseases and judicious investigation protocol is crucial to ensure appropriate assessment and management. This prospective study was undertaken to assessmanagementprotocol for the evaluation process of neck mass in case of children. Methods:This is a prospective study of 6 yearsin the tertiary hospital based in Dhaka between 2016 and 2022. 385 (131, girls, 254 boys) patients aged between 2 years to 14 years were reviewed. The history, physical examination findings, imaging reports (USG, color Doppler, CT, and MRI)FNAC, and the histopathology report are taken into consideration as managementprotocol for the evaluation process. Results: In this studyauthors observed congenital masses were most commonly found in this age group, followed by Infectious and neoplastic masses, at a rate of 57.40%, 27.53%, and 15.06% respectively. Thyroglossal Cyst constituted 33.48% of congenital masses. Non-Hodgkin lymphoma was the most frequent type of malignancy (50%). The lateral neck was the most affected site (47.01%). Conclusion: The diagnosis can be reached with a brief history and prompt physical examination. Ultrasound and Color duplex study should be the first choice for evaluation. Fine needle aspiration cytology followed by excisional biopsyfind out the tissue of origin. FNAC can guide the surgeon initially to reach the disease and give the clue for the next steps on evaluation. CT SCAN & MRI should be avoided if not clearly indicated as both need sedation in case of children and CT emits radiation effect.

Peculiarities of carrying out forensic accounting examinations in crop production and animal husbandry

Shadow economics are a negative factor that impedes the development of any state, and forensic accounting helps to collect the evidence base, and expert document the facts of criminal encroachments in the economic sphere, during the preliminary investigation and judicial investigation. The article is devoted to the peculiarities of the production of forensic accounting examinations in the agricultural sectors, including the consideration of stages and programs for their implementation, as well as the development of measures to improve them. The author’s methodology for carrying out forensic accounting examinations is presented, taking into account the specific features of the agricultural sector. On the example of specific agricultural organizations, examples of the production of accounting examinations in the fields of crop production and animal husbandry were considered.

Features of the application of temporary access to things and documents in the process of criminal procedural evidence

In accordance with Part 2 of Art. 93 of the Criminal Procedure Code of Ukraine (hereinafter referred to as the Criminal Procedure Code), the prosecution, as a subject of evidence in a judicial investigation, obtains evidence through conducting investigative (detective) actions and covert investigative (detective) actions, requesting and receiving things, documents, information, experts' conclusions, audit conclusions and inspection reports from public authorities, local self-government bodies, enterprises, institutions and organizations, officials and individuals, as well as carrying out other procedural actions provided for by the Criminal Procedure Code of Ukraine. Other procedural actions that can be ways of obtaining evidentiary information include: filing motions, complaints, statements, objections, as well as separate measures to ensure criminal proceedings, in particular, temporary access to things and documents, temporary seizure of property, seizure of property. In this article, I would like to consider in more detail the specific features of such a procedural action as temporary access to things and documents, provided for in Chapter 15 of the Criminal Procedure Code. A system analysis of the provisions of the given chapter, other norms of the current the Criminal Procedure Code, as well as the application thereof, suggest a conclusion that there is an imperfection in the legislative regulation on the issue of applying temporary access to things and documents in the process of criminal procedural evidence.
 The publication comments on a number of norms of the Criminal Procedure Code which establish the specifics of the application of the given measure of ensuring criminal proceedings in the process of criminal procedural evidence during the pre-trial investigation, and proposes approaches to eliminating their shortcomings, based on the analysis of the specifics of the normative regulation of temporary access to things and documents. This issue is evaluated differently by both practitioners and scientists and is actively used during criminal proceedings, which is confirmed by court statistics. Theoretical and practical aspects of the given issue are considered. The article claims that despite the widespread use of the given institute, there is a significant amount of misunderstandings and contradictions between theory and practice. The paper contains critical remarks regarding the procedure of normative regulation and the use of temporary access to things and documents in the process of criminal procedural evidence. The materials of the article are both of theoretical and practical value. They can be used for further scientific research on the specifics of the application of measures to ensure criminal proceedings in the process of criminal procedural evidence, as well as for the proper understanding and implementation of law-enforcement criminal procedural activities.

Predictive models in pandemic times and their impact on the analysis of crime

Through the descriptive analysis on the Open Data of the Costa Rican Judicial Power, alarming results are reflected in the number of complaints imposed in the Judicial Investigation Organism (OIJ), exceeding fifty thousand complaints in 2019. Based on those numbers, the objective for this research is to generate a data analysis model that allows to potentiate these statistics and to indicate in advance the regions with the most remarkable propensity to suffer crimes in the next five years, to promote the proactivity of both the citizen and the police to be alerted and to avoid upcoming crimes. Statistical prediction models are used to prove mathematical methods applicable to the data obtained and their behavior during 2015-2019. The analysis reflects the need to apply the simple linear regression algorithm to the developed solution available to all Costa Ricans on the Tableau Public website. The results show pessimistic predictions for the country, especially in the Greater Metropolitan Area (GAM); the behavior of crimes will significantly impact this area, which indicates the need to establish police strengthening programs improvements in education and employment to counter the potential crimes projected for the next five years

A literature review of the role of forensic linguistics in gender-based violent crimes in Italy

The focus of this article is forensic linguistics as applied to gender-based violence (GBV), a current social problem which persists despite the many measures adopted to eradicate it. Gender-based violence leads to different kinds of crimes, which have been studied from several perspectives such as psychology, criminology and law. In this preliminary study of forensic linguistics applied to GBV crimes in Italy in particular, we aim to provide a review of the research literature on GBV and forensic linguistics. We begin by considering the discipline of forensic linguistics and introducing two psychological models – Walker (1979) and Pence (1993) – which are helpful in contextualising GBV. We then proceed in two directions: first, we examine communication between victims and legal sector professionals; and second, we consider linguistic evidence for police and judicial investigation through discourse analysis of communication between perpetrators and victims. Finally, conclusions are drawn with an eye to future scenarios.

Peran Notaris Sebagai Pembuat Akta Otentik dalam Proses Pembuktian di Pengadilan.

ABSTRACT : Notaries as public officials who have the authority to make authentic deeds, in carrying out their duties are also attached to obligations that must be obeyed, because these obligations are something that must be carried out. What is questioned is what is the role of the notary in making authentic deeds in accordance with the regulations in force in Indonesia and what is the role of the notary as an authentic deed maker in the trial of evidence in court. This study uses normative research methods with data collection techniques, namely literature studies with conclusions drawn using deductive methods. The provisions in article 66 (1) of Law No. 2 years 2014 about the change of law No. 30 years 2004 regarding the Office of Notary states that in essence that in the interest of the judicial process, investigators, public prosecutors, or judges through the approval of the MPD have the authority to take photocopies of Minutes of Deeds and / or all letters which are one unit of Minutes of Deeds or Notary Protocols in Notary storage; and summon the Notary to attend for examination regarding the deed drawn up by the notary or the Notary Protocol kept by the Notary. Information from a notary as a witness in a criminal case is needed to explain the deed he made relating to the legal events explained by the appearer. Meanwhile, the notary's statement as a suspect is needed in relation to the notary's accountability for the authentic deed which is his responsibility. Based on this, it can be said that a notary as a citizen is not above the law. KEYWORDS : Notary, Authentic Deed, Court Evidence

A new technology of evidence research is necessary in criminal proceedings

The purpose of the research, part of the results of which is presented in this article, was an attempt to formulate and describe the method of judicial evidence, the method of disclosing before the court the content and significance of the evidence collected by the parties, to develop and propose rules for conducting individual legal actions, to link them into a single process (technology) forensic research. The procedure for examining evidence is not only the sequence of relevant actions, but also court-approved regulations for working with separate evidence, according to which the parties, when providing documentary evidence, must not only name the documents that they use to support their positions, but also disclose their content and report on the circumstances. in support of which they are submitted, so that it is clear both to the court and to any outside, reasonable and impartial observer. When presenting evidence, the prosecutor and the lawyer must demonstrate to the court both the propriety and admissibility of individual sources of factual data, as well as the logical connections between them, proving certain circumstances, criticizing the evidence of the procedural opponent, emphasizing the shortcomings of others and the advantages of their own evidence. That is, the content of the evidence must be revealed at the court hearing by the party that submits it to the judicial investigation, and not by the court, which should be exempted from the obligation to declare the documents provided by the parties. At the same time, the submission of evidence is not limited to providing the court with written, electronic documents or physical evidence. The justification by the parties of the necessity of questioning witnesses, experts, ensuring the arrival of these persons to the court and their questioning before the court is also the submission of evidence – factual data, information about which the interrogated have. It is proposed to borrow the experience of the courts of common law countries, where material evidence is usually submitted through witnesses who can testify to its origin. Key words: Criminal proceedings, evidencing, technology of court research.

Visual Information and Its Research in the Trial of Criminal Cases

The article presents the author’s view of the development of the trend connected with the research of visual information, which is a part of the theory of the judicial investigation of crimes. There is an urgent necessity to reconsider the traditional methodological approaches and combine them with latest achievements in various spheres of the humanities and natural sciences. Cognitivistics is recognized as one of such trends that is potentially ready to be adapted for the sphere of criminal law sciences. The author stresses that the results obtained by cognitive sciences could, after necessary research, be successfully used to develop recommendations on working with judiciary information. It is claimed that a wide spread of digital technologies enabling the creation of a retrospective visual picture of criminal events requires paying special attention to the specific features of researching visual information in court. It is necessary to focus not on the technical-criminalistic support of preserving such information, but on the development of tactical means and technologies that will allow us to analyze its influence on the results of evidentiary activities of the professional participants of the judiciary investigation of criminal cases. This encompasses the strategic and tactical basis of representing visual information as well as taking into account the correlation between the specifics of its perception and the passing of judgements that acquire the force of a judicial decision. The correlation between and the differentiation of visual perception and visuality are viewed as important. The result of investigating visual information is the reconstructed visual image of a crime. The latter will make it possible to predict the content of the final decision on a criminal case. However, it could also be characterized by inconsistency due to biased interpretations of visual information. As the sources of visual information are not common enough in criminal court proceedings in Russia, the issues of their presentation in court have not been properly studied and require a critical scientific analysis. The author supports the opinions of foreign colleagues who stress not only the evidently positive features of using visual sources as proof, but also the obviously negative ones, which challenge both the effectiveness and accuracy of the process of proof, and the reliability of visual information. The author argues for the following claim: visual information does reflect reality, it shapes it by creating not the «artifact of the past», but the «artifact of the present». Due to this, several key problems are singled out, which are connected with providing proof in criminal procee­dings through the demonstration of various sources of visual information.

Implementation of the Provisions of International Acts on the Interrogation of Defense Witnesses in Court in Russian Law

Problem statement. The right to a fair trial within a reasonable time by an independent, impartial and competent court, in compliance with the fundamental principles of criminal proceedings established by international treaties and national legal acts, is pivotal in the legal status of the individual. As judicial practice shows, in criminal proceedings, the implementation of this right largely depends on individual judicial regulation when deciding on satisfaction/refusal to satisfy the request for questioning in court of a defense witness. The significance of the testimony of a witness confirming the defendant’s alibi or other circumstances testifying to his innocence or the presence of mitigating circumstances actualizes theoretical and applied (based on the analysis of judicial practice) studies devoted to the interrogation of a defense witness during the judicial investigation of a criminal case. Purpose of the work: to identify methodological and organizational and legal problems of summoning and questioning a witness at a court session, to determine the role and aisles of individual judicial regulation when making a decision on a petition for summoning a witness submitted by the defense party. Results. The importance of questioning a defense witness at a court hearing to ensure its publicity, immediacy and verbality is obvious. The interrogation also ensures the proper procedural regime of proof and the operation of the principles of adversarial, presumption of innocence and the right of the accused to defense. Recommendations and other provisions of judicial bodies regarding the summoning and interrogation of witnesses should be evaluated on the basis of the principles of justice enshrined in Russian law, while individual judicial regulation in resolving a specific petition for summoning a witness should be formed on the basis of recognition of the significance of the testimony of this participant, their possible impact on the outcome of the trial, and also provided, when necessary, technical capabilities of video conferencing and web conferencing.

The convergence of judicial and administrative investigation techniques in French law

Unsurprisingly, some of the prerogatives of the judicial police and the intelligence services are common. This is the case of human sources. Other acts, particularly those involving deprivation of liberty or intrusion into private life, are usually the responsibility of the judicial police. The commission of an offence and the control of the judicial authority justify restrictions on fundamental rights. This pattern is now disrupted because intelligence law is copying privacy-invasive mechanisms from the criminal procedure code. The convergence of these fields also has an interactive character, since techniques specifically developed for preventive law have recently been borrowed by repressive law. The legislator therefore uses the investigative techniques of each field to improve the other. This movement has an increasingly competitive character which seems to benefit the intelligence services. At this point, they have the most complex and intrusive acts at their disposal, which erodes the distinction between preventive and repressive action.

Politics by denunciation: Political whistleblowing against members of parliament in Italy

Judicial investigations into politicians are a fundamental component of politics, with these investigations often leading to public scandals. Yet, empirical evidence of the strategic determinants of judicial investigations is intrinsically hard to gather, a problem that has significantly limited the study of this important phenomenon. This paper studies the politics behind judicial investigations by leveraging new data on prosecutors’ informants in 1125 episodes of misbehavior of Italian MPs involved in different crimes (1983–2019). Results provide evidence in favor of a political use of denunciations for corruption crimes: when a party weakens, the likelihood that political enemies denounce past misbehavior of members of the weakened party increases, suggesting that the political use of denunciation is elastic to changes in the electoral performance. Furthermore, weakened MPs are more likely to be accused of misbehavior that happened a long time before the accusation, which further supports the argument that accusations are politically motivated.

SUD TERGOV AMALIYOTIDA PROTSESSUAL KELISHUVLARNI DIFFERENSIATSIYA QILISH VA TAKOMILLASHTIRISH MUAMMOLARI

This article aims to analyze the problems of differentiation of procedural agreements in the practice of judicial investigation. A plea agreement is an agreement made between the prosecutor and the suspect, the accused, or the defendant at any stage of the criminal proceedings and in other cases provided by law. According to the author’s opinion, the essence of the procedural agreement is its dependence on the accused’s attitude towards his guilt, that is, a differential approach. Regardless of the plea agreement, the judge’s obligation to examine and evaluate the available evidence in the case is an important guarantee aimed at ensuring that innocent persons forced to enter into a plea agreement as a result of physical or mental coercion are not convicted. The article also explains and substantiates the need to clearly define the circumstances that must be determined in cases where a procedural agreement has been concluded. The article also explains and substantiates the need to clearly define the circumstances that must be determined in cases where a procedural agreement has been concluded. The article also analyzes the criteria for differentiating the forms of a procedural agreement. The author made a comparative analysis of the forms of a procedural agreement, such as a procedural agreement on the admission of guilt, a procedural agreement on reconciliation, an agreement on cooperation with the investigation. The problems of differentiation of procedural agreements in the practice of judicial investigation of foreign countries and various legal systems are investigated.

The Long 1970s and 1980s of television and movies in Italy: new forms of de-legitimization

ABSTRACT The collapse of the political system took place in a context of hostility towards the parties and consensus on judicial investigations. What were the long-term roots of this phenomenon? The answer to this question is difficult and requires new research on the evolution of the society, the economy, the structure of the political system and – this is a crucial point – about mentality and imaginary. A fundamental contribution in this direction can be given by the study of audiovisuals, cinema and television. In fact, they can be analysed as ‘agents of history’, interacting with existing patterns of behaviour and values, and as sources, documenting the deepest currents in society. How to explain the contradiction between the consensus that the major parties achieved for years and the sudden collapse of the whole system? Did movies and television programs contribute to spreading hostility towards mass parties and delegitimizing the political system? The purpose of the article is to offer a hypothesis of interpretation of these issues, using the most representative movies and television programs from the end of the 1970s to the beginning of the 1990s.

Особенности судебного следствия при производстве в особом порядке по законодательству Российской Федерации и иных государств — членов СНГ

The article is dedicated to the study of specific features of judicial investigation within proceedings under the special procedure. The author carries out a comparative review of the laws of Russia and other CIS member states. Special attention is paid to court activities at the beginning and termination of judicial investigation within special proceedings.

Lula and His Politics of Cunning: From Metalworker to President of Brazil

Lula and His Politics of Cunning: From Metalworker to President of Brazil

Age and Professional Experience Increase the Risk of Encountering Legal Malpractice Claims Among Emergency Service Physicians

Encountering legal malpractice claims has become a part of the professional careers of emergency physicians. Various studies have investigated the risk of encountering a malpractice claim. However, the factors defining that risk still remain unclear.The present study aimed to investigate the primary causes affecting the risk of encountering malpractice claims for emergency physicians, such as their age, gender, and duration of professional experience.This study consisted of a survey conducted in an electronic environment with emergency physicians.A total of 212 emergency physicians volunteered to participate in the study. Of these, 61.8% were male, 49.1% had encountered malpractice allegations, and 40.1% had been subjected to an institutional investigation. A relationship was found between the status of being subjected to an institutional investigation and the average age, and the difference was statistically significant (P < 0.03). No statistically significant relationship was observed between gender and the status of being subjected to an institutional investigation (P = 0.778). The duration of professional experience in the emergency department was found to be related to the status of being subjected to an institutional investigation (P < 0.001) and a judicial investigation (P < 0.02).For emergency physicians, the increasing duration of professional experience in the emergency department and age are two natural factors that increase the risk of encountering malpractice claims; gender does not affect that risk