Judicial Research Articles

PROTEÇÃO JURÍDICA DAS CRIANÇAS VÍTIMAS DE VIOLÊNCIA DOMÉSTICA: A LEI HENRY BOREL (14.344/22) E A EDUCAÇÃO COMO FERRAMENTAS DE PREVENÇÃO E ENFRENTAMENTO.

This article aims to analyze the legal protection of children victims of domestic violence in Brazil, with an emphasis on protective measures and legal protection instruments provided for in legislation. Child domestic violence is presented as a public health problem and a serious threat to social development, recognized by the World Health Organization (WHO). Considering that this issue is closely linked to the pressing need for awareness and confrontation actions and that it is often neglected by society and rarely comes to the attention of the judicial system, child domestic violence tends to perpetuate itself over the years, going through successive generations. The research adopts an exploratory approach, based on a bibliographical review and theoretical-reflective analysis, aiming to conceptualize child domestic violence, present relevant data on available protective measures and highlight the role of education as a tool to raise awareness and combat the problem, with emphasis on in the Henry Borel Law and its prevention and protection mechanisms.

KEDUDUKAN BANTUAN HUKUM DALAM SISTEM PERADILAN PIDANA DI INDONESIA

Every citizen has the same position, before the law without exception which includes the right to be defended (access to legal counsel), treated equality before the law, justice for all (justice for all). In order to seek justice, it is often only able to be accessed by those who have a high level of education and the middle to upper economic status. Recognizing that the inability of human and economic resources makes it impossible to make the process of seeking justice for underprivileged people, the term legal assistance in the Judicial System in Indonesia has emerged. The right to obtain legal assistance is a fundamental or basic right for someone who faces a legal problem, because obtaining legal assistance is one form of access to justice for those who face legal problems. This paper will discuss the state's obligations in providing legal assistance to suspects or defendants in the Criminal Justice System and the position of legal assistance in the Criminal Justice System. The method used in this paper is normative legal research, with secondary data sources consisting of primary, secondary and tertiary legal materials. Then the data is analyzed by qualitative analysis. The obligation of the state to provide legal assistance to citizens who face legal problems, because legal aid is a constitutional right of citizens. Legal assistance in the Criminal Justice System has a very important role in achieving a fair trial process. The Government has issued Law No. 16 of 2011 concerning Legal Aid, so that it can be implemented optimally to fulfill constitutional rights for the poor or needy to achieve a fair trial process.

Sulat Pasa: Its Implications to Local Divorce Practice among the Sama of Tawi-Tawi, Philippines

This study investigates Tawi-Tawi’s sulat pasa (traditional divorce paper), particularly as it relates to Sama divorcees, and if it provides a workable way to end their marriage. Through qualitative-descriptive research, it reviews the characteristics of local divorce documents, the processes involved in getting them, and their effects and implications on local divorce practice. With the institutionalization of the Code of Muslim Personal Laws of the Philippines, Muslim Filipinos should follow the divorce procedures laid in it. However, this legal hybridity is seen as inadequate because it looks insensitive to the long-standing customs and beliefs of the Muslims, jeopardizing their autonomy and self-instituting cultural traditions about divorce. Furthermore, because divorce conflicts and their resolution have been entirely integrated into the Philippine judicial system, the existing system does not provide speedy resolution to the satisfaction of the Muslim divorcee/s. Despite the implementation of the Muslim Code, the study found that Sama in Tawi-Tawi continued to present and bring their divorce cases to the traditional authority for enforcement. Given the Code’s lax implementation, local divorce cases outside Shari’ah court proceedings remain critical. The study proposes a measure through direct parliament action, such as adding a provision to the existing Bangsamoro Organic Law once the Muslim Code is upgraded, and, in the interim, this can be done through collaboration with the National Commission on Muslim Filipinos, Ministry of Indigenous Peoples Affairs, local religious and elective officials, and women’s organizations to institutionalize the traditional divorce paper as also legal, and binding taking into account issues of accessibility, affordability, practicability, and feasibility.

Preventing Child Sexual Abuse and the Use of Child Sexual Abuse Materials: Following up on the German Prevention Project Dunkelfeld.

Sexual interest in minors (i.e., pedophilia and hebephilia) is considered a risk factor for Child Sexual Abuse (CSA) and the use of Child Sexual Abuse Material (CSAM). This study examined the long-term development of CSA, CSAM use, associated cognitions, and quality of life among self-referred, help-seeking individuals diagnosed with pedophilic or hebephilic disorder (PHD) outside the judicial system. Of the 110 eligible men who had undergone therapy for PHD due to psychological distress or risk of offending, 56 were available for follow-up assessment 1-11 years after treatment. Behavioral manifestations, offense-supportive cognitions, and quality of life were evaluated using interviews and psychometric measures. At follow-up, 7.7% of participants with a history of CSA had re-offended, whereas 89.1% of previous CSAM users reported recidivism, although with less severe material. No new CSA offenses occurred among those without prior CSA. Treatment led to increased cognitive victim empathy and reductions in CSA-supportive and CSAM-supportive attitudes, but only the latter improvement persisted through follow-up. Participants exhibited elevated CSA-supportive attitudes relative to community norms at all time points and diminished quality of life at follow-up. Pedophilic and hebephilic disorder carry a persistent risk of sexual offending, particularly regarding CSAM use. Therapeutic gains in offense-supportive cognitions may erode over time without ongoing care. A comprehensive public health approach encompassing early detection, prevention, and expanded treatment access that addresses both the risk of reoffending and overall well-being is crucial for reducing sexual victimization and improving mental health outcomes for individuals from this target group.

Examining the Role of Alternative Dispute Resolution (ADR) and Small Claim Procedure in the Settlement of Civil Disputes in Uganda

Over the past several decades, there has been growing interest amongst advocates worldwide in the use of alternative dispute resolution (ADR) techniques to resolve their clients' disputes more economically and efficiently. In the face of bottlenecks and backlogs in the court systems, as well as spiraling costs and fees, courts and members of the legal fraternity have been part of the movement seeking means other than litigation for resolving disputes. As a result, the development of more flexible means of resolving disputes in the form of ADR techniques has gained popularity, and the Ugandan legal system is no exception. Undoubtedly, the benefits of incorporating ADR into the Ugandan legal system offer significant potential, leading to its widespread recognition in Uganda. The legal system has undergone tremendous reforms in recent years, making a study on ADR particularly timely in this context. This paper aims to introduce to the reader the concept of ADR and its implications in the Ugandan context, particularly in dealing with the rampant problem of case backlog in Uganda's judiciary. We conducted this study using the doctrinal method of research, which relies on secondary information from highly qualified state publicists as clearly outlined in textbooks, novels, law journals, articles, websites, and other literature, including class notices. The researcher also utilized court rulings from various states' judges, parliamentary acts on Alternative Dispute Resolution (ADR), and international agreements in which Uganda participates to determine the pace at which Uganda's legal system has integrated ADR to settle civil disputes. Keywords: Alternative dispute resolution, Arbitration, Civil dispute settlement, Mediation, Small claim procedure

Правовое регулирование и реализация механизма компенсации при развитии внутренней газификации регионов Российской Федерации

With the development of internal gas distribution in the Russian Federation, the question inevitably arises of the seizure of private lands of individuals and legal entities, as well as the demolition of buildings, structures and other buildings. However, there is no mechanism for legal withdrawal, which gives rise to the non-legal nature of these legal relations and excessive losses of private law subjects, as a result of which many court proceedings load the judicial system. The mechanism for calculating compensation or a percentage of the surcharge fixed by law in case of losses incurred by citizens and legal entities in the implementation of federal orders for the installation of gas pipelines will help protect the rights and interests of owners and third parties whose interests are violated or restricted.

Inequality threat increases laypeople's, but not judges', acceptance of algorithmic decision making in court.

Algorithmic decision making (ADM) takes on increasingly complex tasks in the criminal justice system. Whereas new developments in machine learning could help to improve the quality of judicial decisions, there are legal and ethical concerns that thwart the widespread use of algorithms. Against the backdrop of current efforts to promote the digitization of the German judicial system, this research investigates motivational factors (pragmatic motives, fairness concerns, and self-image-related considerations) that drive or impede the acceptance of ADM in court. We tested two hypotheses: (1) Perceived threat of inequality in legal judgments increases ADM acceptance, and (2) experts (judges) are more skeptical toward technological innovation than novices (general population). We conducted a preregistered experiment with 298 participants from the German general population and 267 judges at regional courts in Bavaria to study how inequality threat (vs. control) relates to ADM acceptance in court, usage intentions, and attitudes. In partial support of the first prediction, inequality threat increased ADM acceptance, effect size d = 0.24, 95% confidence interval (CI) [0.01, 0.47], and usage intentions (d = 0.23, 95% CI [0.00, 0.46]) of laypeople. Unexpectedly, however, this was not the case for experts. Moreover, ADM attitudes remained unaffected by the experimental manipulation in both groups. As predicted, judges held more negative attitudes toward ADM than the general population (d = -0.71, 95% CI [-0.88, -0.54]). Exploratory analysis suggested that generalized attitudes emerged as the strongest predictor of judges' intentions to use ADM in their own court proceedings. These findings elucidate the motivational forces that drive algorithm aversion and acceptance in a criminal justice context and inform the ongoing debate about perceptions of fairness in human-computer interaction. Implications for judicial praxis and the regulation of ADM in the German legal framework are discussed. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Jurisdictional Conflicts and Solutions in Bribery Cases of Multinational Corporations

Commercial bribery by multinational corporations is hampering global economic development and threatening the legal authority of states. In dealing with such cases, countries often form violent conflicts of jurisdiction in cases due to differences in legislation, law enforcement and judicial systems, among other reasons. Such conflicts not only affect the efficiency of handling cases, but may also lead to a waste of law enforcement resources and the evasion of legal responsibility by multinational corporations. By introducing the basic types of jurisdiction in cases of multinational corporations, this paper points out the reasons for the formation of conflicts of jurisdiction among countries. Then this paper systematically analyzes some representative domestic acts and international conventions, and finds that most countries and international organizations are actively working on legislation. In many years of judicial practice, the world has achieved remarkable results in combating transnational commercial bribery. However, there are still many shortcomings in these existing legal mechanisms and implementation methods. This paper aims to propose a more efficient solution to the existing dilemma, and suggests that the mechanism for determining jurisdiction in bribery cases of multinational corporations should be further improved by strengthening the international cooperation mechanism and establishing a global anti-bribery body.

The Legal Dilemma and Optimization Path of the Jurisdiction of the International Court of Justice in Litigation

The litigation of the International Court of Justice (ICJ) is a vital avenue for peacefully resolving legal disputes between nations and fostering positive international cooperation. ICJs aim is to refine and develop its methodology for properly handling and adjudicating various legal disputes among countries, and to optimize the related codified rule framework accordingly. Concurrently, the ICJ harbors the vision of broadening its jurisdiction and gaining recognition from more countries, striving to better maintain international peace, promote the proper resolution of international disputes, and advance the continuous progress and development of the international judicial system. However, in the context of the evolving and progressing international community, the ICJ has encountered numerous challenges in the actual exercise of its jurisdictional authority. This study examines these challenges in depth, focusing on issues related to admissibility, optional compulsory jurisdiction, and delayed jurisdiction. Through this analysis, a series of targeted recommendations are proposed to address these practical dilemmas and to support the ICJ in fulfilling its crucial mandate more effectively.

The utility of appellate review at the WTO and its optimal structure

Abstract The impasse over the appointment of judges to the World Trade Organization (WTO) Appellate Body shows no signs of abating, raising considerable doubt about the future of appellate review in WTO disputes. This paper examines the rationale for appellate review in the WTO, drawing on both the history of the General Agreement on Tariffs and Trade and the economic literature assessing the desirability of appellate review in judicial systems. It argues that the WTO does not present a compelling economic case for a two-stage judicial process. It further argues that if some form of appellate review is to be retained in the WTO, a discretionary ‘certiorari-like’ mechanism may be the best option.

Using Blockchain Evidence in China’s Digital Copyright Legislation to Enhance the Sustainability of Legal Systems

To achieve sustainable development of social systems, it is necessary to modernize the legal system, which is the foundation of any society, to increase the efficiency of resources and simultaneously optimize the performance of the environment and society. The immutable and timestamped features of blockchain offer a robust solution for tracking and authenticating digital copyright evidence, thereby enhancing the integrity and transparency of judicial systems. This ensures that the integration of blockchain into legal systems not only advances technological efficiency but also promotes environmental consciousness. Through comprehensive analyses that integrate questionnaires, interviews, case studies and legislative assessments, this research reveals that there are still problems in the application of blockchain evidence in China’s judicial practice, such as insufficient and stable credibility, inadequate database storage, deficient original rights mechanisms, and the imperfect application of rules of evidence. These problems can be solved by enhancing correspondence legal systems, such as establishing an officially trusted copyright certificate blockchain, creating a blockchain copyright certificate technology supervision system and formulating specific laws and regulations on the application and identification of blockchain evidence. As such, our study contributes to aligning blockchain with judicial records, supporting the sustainable development goals of social systems, fostering institutional justice and social progress.

Crimes Omissions: A Psycho-Sociological Perspective

This research was based on understanding and managing crimes of omission is a key strategy for reducing their harmful effects. The research aim was to analyze the personal and social characteristics of individuals responsible for crimes committed by inaction in Georgia. The study employed a mixed-methods approach to explore the psycho-sociological foundations of inaction and was conducted in two stages. The first stage discussed the theoretical framework surrounding inaction, while the second stage analyzed cases of inaction in Georgia. During the research process, significant gaps in public data were identified, highlighting the challenges of recording and accessing information about these crimes. Despite these challenges, a strong theoretical and empirical connection was identified between crimes of omission and the broader context of cultural and social passivity in developing post-Soviet Georgian society. This connection underscores the significant impact of the post-Soviet legacy in understanding the legal and psychosocial context of crimes of omission. As a result, to reduce crimes of omission and increase public involvement, the study suggests improving the judicial system, promoting legal knowledge, and encouraging civic activism and initiative within society.

Kesaksian Orang Bisu dalam Perspektif Hukum Indonesia dan Fikih: Tantangan, Peluang, dan Implikasi Terhadap Keadilan

This article examines the testimony of mute individuals from the perspectives of Indonesian positive law and the comparative fiqh of the four major Islamic schools of thought (Hanafi, Maliki, Shafi’i, and Hanbali). The study aims to understand the challenges and opportunities in recognizing the testimony of mute individuals in court and its implications for justice. The research employs a normative approach with doctrinal analysis. The findings indicate that Indonesian positive law provides room for the testimony of mute individuals, but there are still obstacles in its implementation, such as the lack of adequate accommodations and qualified interpreters. On the other hand, Islamic fiqh presents varied views on mute testimony, with the Maliki school being more inclusive than others. The article also discusses opportunities for legal reform to create a more inclusive and just judicial system for persons with disabilities. In conclusion, the testimony of mute individuals requires special attention within the legal system to ensure that the principles of justice and equality are upheld.

HERMENÊUTICA NO JUDICIÁRIO: REDUZINDO EXCESSO DE PROCESSOS

The Brazilian judicial system faces significant overload, raising serious ethical and practical concerns. This article seeks to explore the causes of this problem, highlighting the phenomenon of "predatory demands" and the underutilization of consensual means of conflict resolution. Alternatives are proposed to address this situation, aiming not only to improve the efficiency of the system but also to promote greater justice. Additionally, aspects of hermeneutics and legal argumentation are examined, emphasizing their importance in the interpretation and resolution of legal conflicts.

The Role of the EU in the Justice System Reforms

The European Union plays a significant role in reforming the judicial system, both in countries aspiring to EU membership and in existing EU member states. Achieving an adequate level of judicial independence, accountability, professionalism, and efficiency is crucial for preserving the rule of law across the EU. To this end, the European Union employs various mechanisms, initiatives, and corrective measures. These are essential not only for supporting judicial reforms but also for monitoring and evaluating the implementation of the recommendations provided.The aim of this paper is to highlight the importance of the European Union’s role in supporting judicial reform in both member states and countries aspiring to EU membership. To achieve this, the authors analyze European standards relevant to the independence, impartiality, and efficiency of the judiciary, as well as various mechanisms, reports, and opinions from relevant bodies. This approach allows authors to identify not only the challenges observed but also examples of good practices that can be valuable for both member states and candidate countries seeking EU membership.

“Ik ben zoo diep gezakt door deze oorlog”

During the German occupation of the Netherlands in the 1940s, crime rates for petty theft rose considerably. As a result of shortages, forced labor, unemployment and war damages, many citizens resorted to property crime. Those who were caught, were in majority sentenced within the Dutch judicial system, by Dutch magistrates, most of whom had no pro-German beliefs. This article explores how suspects, judges and probation officers referred to the occupation circumstances during the judicial process. All three types of actors saw how these circumstances could lead to theft. However, pre-existing notions of property and its defense were not radically questioned during the occupation. The (implicit) expectation was that the harmful consequences of the Second World War would be of a temporary nature.

Evaluation of Public Sector Corruption and Organized Crimes as Impediments to Nigeria’s Economic Growth

This research work on the evaluation of public sector corruption and organized crime as an impediment to Nigeria’s economic growth attempts to examine the link between crime and growth based on the theory of rational choice and empirical data.the major objective of this research is to evaluate the extent to which public sector corruption and organized crime impacted on economic growth in Nigeria. The Dynamic Endogenous Growth model is adopted to analyse the data collected as the study sought to cast further light on the macroeconomic implications of organized crime and its interaction with corruption. The study concludes that to eradicate organized crime and corruption in Nigeria, effort should be geared towards a fool-proof, digitized intelligence gathering on identifying the roots causes and a way to nip them in the bud. All leakages in the public sector also need to be blocked to curtail loopholes for corruption to thrive It is recommended that prosecution be forcefully pursued through the enactment of an accountability legislation for public office holders and the enhancement of police and court system skills through sufficient funding.Furthermore, the government ought to take action to promote a more productive economy, which would lower unemployment and serve as a deterrent to crime.

ENSURING JUDICIAL INDEPENDENCE BY EVALUATING THE RECRUITMENT PROCESS AND LEGAL FRAMEWORK FOR JUDGES IN INDONESIA

As the highest judicial institution, the Supreme Court exercises its powers freely and independently. Judges must have morals, principles of justice, and adhere to a code of ethics. Judges must uphold justice in resolving disputes or legal cases and ensure that society receives justice. As state officials, the recruitment process for judges should be separated from the recruitment of civil servants. The position of judges as state officials should be regulated comprehensively by law. This research examines the recruitment process of judges as independent implementers of judicial power. The research method used is descriptive, using qualitative data analysis with a normative juridical approach. Supreme Court Regulation Number 1 of 2021 concerning Amendments to Supreme Court Regulation Number 2 of 2017 concerning the Procurement of Judges regulates the need for judges in General Courts, Religious Courts and State Administration through the acceptance of Candidates for Civil Servants that needs to be improved. This need arises because there are no legal provisions regarding the recruitment of judges as state officials. In the future, provisions for the recruitment of judges should be regulated through Government Regulations so as not to impact the independence of judges as implementers of judicial power.

Language and the use of law are predictive of judge gender and seniority

There are examples of how unconscious bias can influence actions of people. In the judiciary, however, despite some examples there is no general theory on whether different demographic attributes such as gender, seniority or ethnicity affect case sentencing. We aim to gain insight into this issue by analyzing over 100k decisions of three different areas of law with the goal of understanding whether judge identity or judge attributes such as gender and seniority can be inferred from decision documents. We find that stylistic features of decisions are predictive of judge identities, their gender and their seniority, a finding that is aligned with results from analysis of written texts outside the judiciary. Surprisingly, we find that features based on legislation cited are also predictive of judge identities and attributes. While own content reuse by judges can explain our ability to predict judge identities, no specific reduced set of features can explain the differences we find in the legislation cited of decisions when we group judges by gender or seniority. Our findings open the door for further research on how these differences translate into how judges apply the law and, ultimately, to promote a more transparent and fair judiciary system.

Conceptual place and fundamental perspective of judicial precedent in the legal system of Ukraine

This article examines the role and relevance of the introduction of judicial precedent as a source of law in Ukraine, which is related to the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter – the Convention), Decisions of the European Court of Human Rights (hereinafter – the ECHR) and judicial practice of national courts. The opinion is substantiated that the introduction of judicial precedent as a source of law in Ukraine will have positive consequences for the legal system of Ukraine and will provide additional protection of human rights and freedoms. Prospects for the possible introduction of judicial precedent as a source of law and important institutional changes that can lead to a complete transformation of the current system are determined. In connection with this, the issue is analyzed, and a generalized characteristic is given regarding the role of court precedent in advanced countries, such as Switzerland, Poland, and France. The properties of the legal systems of the world, the peculiarities of the use and status of the Convention, and the judicial practice of the ECHR in Ukraine are also considered. The article presents an analysis of scientific research by advanced scientists and lawyers who formed a professional view on issues related to judicial precedent and possible reform of the current legal system. A generalized description of the concept regarding the nature and features of judicial precedent as a source of law is provided. Simultaneously, the author of the article notes that the issue of defining the conceptual place and fundamental perspective of judicial precedent in the legal system of Ukraine is very relevant and important for Ukraine, as it is related to the protection and provision of rights and freedoms of man and citizen. Accordingly, special attention is paid to the fact that this issue should be resolved at the legislative level, as this will help to avoid collisions, misunderstandings, and possible duplication of norms. Moreover, the introduction of legislative innovations and reforms requires the generation of an appropriate legal bridgehead with the possible training of courts. Thus, the author concludes that the main consequences of the introduction of judicial precedent as a source of law will be the following: stability and predictability of the legal system, increasing the independence of the judicial branch of government, borrowing the best international experience, unification, and harmonization of current judicial practice, respectively, additional protection of rights and civil liberties.