Prosecution Research Articles

The Role of the European Court of Human Rights in the formation of the Procedures of Criminal Prosecution in Moldova

The Role of the European Court of Human Rights in the formation of the Procedures of Criminal Prosecution in Moldova

Reconstruction of Investigation Regulations in Absentia Criminal Corruption Cases in Indonesia Based on Justice Values

Regulations for eradicating Corruption Crimes in Indonesia have regulated the examination of cases without the presence of the defendant in Court, however examinations at the investigation stage are not regulated, thus having an impact on the effectiveness of eradicating criminal acts of corruption. The aim of this research is to analyze the regulations for investigating cases of corruption crimes that have not been fair and to explore the weaknesses in the rules for investigating in absentia cases of criminal acts of corruption in Indonesia which are based on the value of justice. The paradigm used in this research is the Constructivism Paradigm, a type of normative juridical research and the research approach used is a statutory approach, a case approach, using primary and secondary data. The research results were analyzed using qualitative descriptive methods. The results of research into in absentia investigations into cases of criminal acts of corruption can give rise to differences in interpretation among law enforcement officials ranging from Investigators, Public Prosecutors to Judges, each of whom has inherent authority in examining cases of criminal acts of corruption, especially in examining cases involving prospective witnesses. suspects, suspects and defendants are not present even though they have been legally summoned without giving a proper and reasonable reason, the legal vacuum regulating in absentia investigations of corruption cases can be used by perpetrators of corruption crimes to evade the law enforcement process by running away and can be used as an excuse not to continue the investigation and transfer the case from the investigator to the public prosecutor and can be used as a reason to refuse prosecution by the Public Prosecutor. To realize the eradication of criminal acts of corruption based on the value of justice, it is necessary to reconstruct the regulations for investigations in absentia in the Law on the Eradication of Corruption Crimes by regulating 1) the exclusion of examining witnesses before being named as suspects with conditions; 2) waiver of examination of the suspect with conditions; 3) procedures/mechanisms for examining cases without the presence of the suspect; 4) waiver of handover of responsibility for the case from the investigator to the public prosecutor without the presence of the suspect with conditions; and 5) restrictions on case examinations that can be carried out without the presence of the suspect.

Unraveling the Complexities: Factors Influencing Conviction Rates in Violence against Women (VAW) Cases in Northern Bangladesh

This study aims to examine the complex dynamics involved in adjudicating violence against women (VAW) cases within urban settings in Bangladesh, with a focus on the determinants that affect conviction outcomes. Adopting a qualitative research methodology, this inquiry gathers insights from in-depth interviews with 17 key stakeholders, including judges, lawyers, and police officials, within the metropolitan areas of northern Bangladesh. This primary data is further enriched by field observations (court, police station, medical college, and victim support center). The investigation reveals significant procedural deficiencies and systemic challenges encountered during the pre-trial stages of violence against women (VAW) litigation. These include delays in filing complaints, inaccuracies in First Information Reports (FIRs), lapses in evidence preservation, lack of witness cooperation, and discrepancies in medical documentation. The study identifies overarching issues such as inadequate training for investigative officers, substandard evidence collection practices, and the scarcity of forensic expertise as pivotal factors that negatively influence conviction rates. Furthermore, it emphasizes the crucial yet strained role of public prosecutors, who grapple with excessive caseloads, insufficient resources, and a lack of specialized support. This research contributes novel insights into the complexities of prosecuting violence against women (VAW) cases in Bangladesh’s urban centers, highlighting critical inefficiencies within its criminal justice system.

Le rôle du ministère public au procès V13

Interrogation sur le rôle du Ministère public lors du procès de terrorisme V13, par son représentant qui est le seul des acteurs de la procédure qui peut connaitre de la totalité du dossier dans sa continuité, depuis la scène de crime jusqu’à l’audience, et même au-delà avec l’exécution de la peine.

Dirbtinio intelekto taikymo įmonių vidaus tyrimuose teisinės ribos ir baudžiamieji procesiniai padariniai

The paper addressed the following questions: how can AI be applied in corporate internal investigations and what are the legal limits for its use? In case of effective application, how can it affect the admissibility and valuation of the information collected from these procedures in an eventual criminal lawsuit? It was demonstrated that, with the expectation of increasing the effectiveness and efficiency of compliance programs, AI has been used in real-time – and often predictive – supervision of employees, as well as in carrying out internal investigations, through, for example, lie detection systems. However, due to the limitations and risks of this technology, its employment must comply with legal parameters and restrictions. Therefore, three categories of restrictions were analyzed: with respect to (i) legal requirements for data processing, we noted that the processing of data to be used as input in those systems must find legal support in one of the hypotheses provided for in Articles 6 and 9(2) of the GDPR. Furthermore, the fundamental principles that substantiate the test of proportionality between the intended purpose and the intervention to be carried out, provided for in Article 5, must be observed. Regarding (ii) possible prohibitions on the use of AI systems in the context of internal investigations, we observed that the use of technologies to control and supervise the work environment must take into account the requirements of legality, shall not affect areas in which employees’ expectations of privacy must prevail, and, lastly, must observe a second test of proportionality, aimed at assessing whether the technology in question is adequate and necessary to achieve the purpose intended with it and whether the rights possibly affected by it should not prevail. About the (iii) limits to the admissibility and valuation of elements of information from internal investigations, we concluded that their admission in criminal proceedings will depend on a new judgment of legality and proportionality. In addition, they may be admitted when presented by the company, in its defence, or by Public Prosecution, provided that a third test of proportionality is observed and that these elements of information are not considered sufficient to substantiate the conviction of any defendant, therefore having probative value similar to elements from state investigation acts.

Implementation of the Confiscation and Auction of Assets Convicted in the Jiwasraya Corruption Case to Recover State Losses

This research aims to examine one of the corruption cases at Asuransi Jiwasraya LLC which focuses on confiscating and auctioning the assets of convicts in recovering state losses. The method used in this research is a normative legal research method with a statute approach and a case approach. The results of this research show that in the corruption crime of Benny Tjokrosaputro Asuransi Jiwasraya LLC Number: 2937K/Pid.Sus/2021, the panel of judges handed down the decision to confiscate all properties along with the profits obtained by the convict from the criminal act. The confiscation of assets and auction of property is carried out based on applicable legal provisions as per the court decision. The obstacles experienced by the prosecutor's office in efforts to recover assets resulting from criminal acts of corruption include: assets from the criminal acts of corruption are obscured or transferred to other parties, assets or properties from the criminal acts of corruption are used up, assets from the criminal acts of corruption are in a position as collateral to other parties, and assets from the criminal acts of corruption have been transferred abroad.

Handling Child Victims of Incestuous Sexual Violence by The PPA Unit (A Case Study of Sexual Violence by Biological Fathers at the North Jakarta Metro Police)

The process of handling cases of incestuous sexual violence against children by the Child and Woman Protection Unit (PPA) of the Criminal Investigation Unit of the North Jakarta Metro Police Department begins with the receipt of reports from victims. Investigators provide initial services, including counseling and preliminary assessments. Legal psychology is crucial in understanding victims and compiling strong reports. Investigators use cognitive interview methods and various interviewing techniques. Victim support involves multiple parties, and inter-agency cooperation and coordination are essential to provide optimal protection and recovery for victims. Evaluating the competence of investigators in the PPA Unit of the North Jakarta Metro Police Department based on indicators set by Spencer and Spencer. This evaluation shows that investigators have adequate abilities to handle cases of child sexual violence, including incest. Motivation, physical characteristics, self-concept, knowledge, and skills of investigators are key in handling these sensitive cases. Identifying several challenges in the investigation process of child rape faced by the PPA Unit of the North Jakarta Metro Police Department. These challenges include difficulty in obtaining statements from victims, lack of direct eyewitnesses, and delays in the forensic examination process. However, the PPA Unit of the North Jakarta Metro Police Department ensures that the investigation process is carried out in accordance with applicable legal procedures, considering steps such as notifying the Prosecutor's Office, examining witnesses, preparing reports, conducting investigations, holding case hearings, and using coercion to apprehend suspects.

White Nationalism, Politically Motivated Reasoning and Americans’ Attitudes About Criminally Charging Donald Trump

Abstract On 19 December 2022, the United States House Select Committee referred former president Donald Trump to the Department of Justice for criminal prosecution. Subsequently, Mr. Trump was indicted four times and charged with 91 felonies. Nevertheless, some Americans have remained steadfast in supporting him. Observers theorize that indifference to Mr. Trump’s wrongdoing reflects white nationalism and politically motivated reasoning. We test this theory using experimental data from a national survey fielded before any public hearings or charges. Our analyses reveal that Americans who endorse white nationalism and those who hold right-wing political views are more likely to oppose criminal charges. Furthermore, the relationship between white nationalism and attitudes about criminally charging Mr. Trump is indirect, through identification with the political right.

DOMINUS LITIS PADA KOMISI NASIONAL HAK ASASI MANUSIA DALAM PENEGAKAN HAK ASASI MANUSIA DI INDONESIA

The national human rights commission is one of the independent institutions in Indonesia, which is responsible for the enforcement of human rights. In carrying out its functions in the enforcement of human rights, the national human rights commission collaborates with the prosecutor's office because the national human rights commission only discusses the settlement up to the investigation process, and the next process in justice (dominus litis) is carried out by the prosecutor's office. This research intend to understand the role regulation at the national human rights commission, as well as to understand the importance of regulating the role of the dominus litis. This research uses normative legal research methods, by reviewing the laws and regulations relating to the problem. Furthermore, it can be explained about the regulation of the role of dominus litis in the unregulated national commission, because the function of the dominus litis is still under approval by the prosecutor's office. The regulation of the dominant role in the national human rights commission has a very important role in emphasizing the functions and objectives and clarifying the independence of the national human rights commission.

Consent of a Person to a Criminal Case (Criminal Prosecution) Dismissal for Reasons other than Exoneration: Definition and Content

A criminal case (prosecution) dismissal for reasons other than exoneration is associated with the onset of various negative consequences for a person. These may include confiscation of property belonging to them and recognized as material evidence; filing a civil claim against them for compensation for damage caused by a person subjected to criminal prosecution; recovery of procedural costs. The need to clarify consent to a criminal case (prosecution) dismissal is a guarantee of the rights to judicial protection and access to justice, and it is attributable to the need to inform the person about the negative consequences accompanying the criminal case (prosecution) dismissal. The obligation to clarify the consequences of the termination of the case should be reflected in the law. At the same time, in pre-trial proceedings, effective judicial control should act as a reliable guarantee of the property right of the person against whom the criminal case is terminated, assuming the court’s authority to independently make decisions on issues related to the termination of the criminal case (including those related to reimbursement of procedural costs and resolution of the fate of material evidence). The thesis of the Constitutional Court of the Russian Federation on the equivalence of disagreement with the seizure of property following the termination of a criminal case with disagreement with such termination in general is critically evaluated. The optimal approach seems to be in which the consent of a person to a criminal case (prosecution) dismissal is clarified after a certified written explanation of the negative legal consequences of a non-rehabilitating decision. This, however, does not exclude the possibility of appealing the decision in its part, which does not relate to the cancellation of a criminal case (prosecution) dismissal as a whole.

1D-CNN-based audio tampering detection using ENF signals

The extensive adoption of digital audio recording has revolutionized its application in digital forensics, particularly in civil litigation and criminal prosecution. Electric network frequency (ENF) has emerged as a reliable technique in the field of audio forensics. However, the absence of comprehensive ENF reference datasets limits current ENF-based methods. To address this, this study introduces ATD, a blind audio forensics framework based on a one-dimensional convolutional neural network (1D-CNN) model. ATD can identify phase mutations and waveform discontinuities within the tampered ENF signal, without relying on an ENF reference database. To enhance feature extraction, the framework incorporates characteristics of the fundamental harmonics of ENF signals. In addition, a denoising method termed ENF noise reduction (ENR) based on the variational mode decomposition (VMD) and robust filtering algorithm (RFA) is proposed to reduce the impact of external noise on embedded electric network frequency signals. This study investigates three distinct types of audio tampering—deletion, insertion, and replacement—culminating in the design of binary-class tampering detection scenarios and four-class tampering detection scenarios tailored to these tampering types. ATD achieves a tampering detection accuracy of over 93% in the four-class scenario and exceeds 96% in the binary-class scenario. The effectiveness, efficiency, adaptability, and robustness of ATD in the two and four classification scenarios have been confirmed by extensive experiments.

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

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

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

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

When will the courts recognize the independence of the grounds for compensation for damage caused by the illegal use of procedural for in Part 3 of Article 133 of the Code of Criminal Procedure of the Russian Federation?

The uncertainty of the criminal procedure legislation regarding the recognition of the right to compensation for harm for a certain category of persons gives rise to the relevance of the study of this issue. Based on the provisions of part 3 of Article 133, Article 139 of the Criminal Procedure Code of the Russian Federation, an analysis of the normative complex has been carried out with the help of which, in judicial practice, compensation for harm to persons caused by the unlawful application of procedural coercion measures to them should be ensured. Special attention is paid to court cases, the content of which reveals the problems of establishing the grounds for compensation for damage caused by the illegal use of procedural coercion measures. It is concluded that only participants in criminal proceedings, criminal prosecution against whom has been terminated on rehabilitative grounds, or illegally subjected to compulsory medical measures, as well as other persons illegally subjected to procedural coercion measures, have the right to compensation for harm in rehabilitation. Thus, the list of persons eligible for rehabilitation is definite and not subject to broad interpretation.

Os Procuradores-Gerais do Ministério Público

Based on the historical look and the political sociology analytic tools, this text aims to discuss the establishment of rules for occupying the highest position in the hierarchy of the state Public Prosecutor’s Office: the position of Attorney General. By analyzing the trajectory of those who held this position from 1891 to after 1988, it was possible to understand the changes in the official and non-official rules regarding the morphological transformation of nominees. The study of 33 cases reveals the political and social tensions surrounding the Public Prosecutor’s Office’s high hierarchy until the 21st century

Exemption from Criminal Liability and Punishment in Connection with Entry into Military Service: Consequences for Victims of Crime

The relevance of the study is due to the fact that human resources are involved in the resolution of international conflicts . In the Russian Federation, persons suspected, accused and convicted of committing crimes are sent to military service to participate in hostilities . This process is legitimized by the norms of federal legislation . On June twenty-fourth, 2023, the Federal Law No . 270-FZ “On the Specifics of Criminal Liability of Persons involved in a special military operation” was adopted . Federal Law No . 64-FZ has recently entered into force “On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation”, adopted by the State Duma on March 19, 2024 to regulate in these codes the specifics of the exemption from criminal liability of persons called up for military service on mobilization or in wartime .Research hypothesis: a new type of exemption from criminal liability and termination of criminal prosecution may negatively affect the interests of other persons - victims, their legitimate rights and interests may be negatively affected . In general, the criminal background may worsen, and trust in the state may decrease .Purpose: to provide a scientific forecast of the consequences of legislative changes related to the suspension, termination of criminal prosecution, exemption from criminal liability and punishment in connection with conscription during mobilization or during wartime, or the conclusion of a military service contract during mobilization, during martial law or during wartime .

Leaving no room for doubt and exceptions: closing arguments through the lens of metadiscourse

The closing argument in criminal trials allows for unique metadiscourse analysis opportunities. Yet despite these opportunities, it seems to be an understudied linguistic genre which requires more research into its interactional features. This article aims to explore the types, frequencies and functions of boosters as metadiscourse resources employed by defense attorneys to enter a plea of not guilty. In particular, the article describes how attorneys exploit boosters to produce convincing arguments and control the power relationship with an audience. The findings are based on a metadiscourse analysis of 21 closing arguments derived from the famous-trials.com website. As regards the choice of boosting resources to be searched in the corpus, the present study adopted Hyland and Zou’s (2021) taxonomy of boosters. It was revealed that defense attorneys made extensive use of boosters to exert an influence on the outcome of a criminal prosecution against their clients. The results have implications for our understanding of closing argument as a persuasive interactional legal genre and for teaching legal writing to law students. Hopefully, this study will spire lawyers to take advantage of boosters and other metadiscourse resources in their attempt to achieve persuasive goals in trials by jury.

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

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

Fábrica de líderes: a influência da USP na formação da elite dirigente nacional

The University of São Paulo (USP) is acknowledged for its scientific and cultural significance. This article investigates the extent of USP’s influence on the shaping of Brazil’s governing elites. The study is founded on a quantitative analysis of the academic background of individuals occupying top positions in the federal public administration (Presidents of the Republic, Presidents of the Central Bank, Ministers of State, leaders of the Legislative, Judiciary, and the Public Prosecutor Service) from the 1930s to the present day. The data reveals that usp has made a significant contribution to the education of high-ranking federal members across various spheres, with its influence being predominant. The participation of USP alumni varies over time and between different political regimes, being more pronounced during democratic periods. Moreover, other higher education institutions have also played crucial roles in the formation of governing elites. The diversity of institutions attended by government members reflects the complexity and dynamics of the formation of Brazilian elites, influenced by political and social changes over time.

Novel intelligent supervised neuro-structures for nonlinear financial crime differential systems

Artificial intelligence (AI)-based applications contribute to monitoring financial transactions and detect fraudulent activity in real-time by analyzing transaction patterns, consumer behavior, and other statistics, making them essential for quickly addressing potential threats in the fight against financial crime dynamics. Leveraging financial crime systems with intelligent supervised neuro-structures exploiting nonlinear autoregressive exogenous networks integrating damped least square (NARX-DLS) optimization methods to achieve an appropriate degree of accuracy and adaptability for the estimation of complex nonlinear financial crime differential systems (NFCDSs). The representative NFCDS for financial crime indicators is expressed as susceptible individuals, financial criminals, individuals under prosecution, imprisoned individuals, and honest individuals. The Adams numerical solver accomplishes the acquisition of synthetic data for the layer structure NARX-DLS algorithm execution to solve NFCDSs for various financial crime parameters, such as recruitment rate, influence rate, conversion rate to honest people, financial criminal prosecution rate per capita, discharge and acquittal rate from prosecutions, percentage of discharge rate from prosecution, transition rate to prison, and freedom rate. A sturdy overlap between the solutions of NARX-DLSs and the reference numerical results of NFCDSs implies that the error value is close to a desirable value of zero. The effectiveness of the NARX-DLSs is evidenced by including a variety of assessment metrics that carefully examine the model’s correctness and efficacy, including mean square error-based convergence arches, adaptive regulating parameters, error distribution, and input-error/cross-correlation analyses.