Prosecution Research Articles

Seeking victim-centred accountability for violence against persons with disabilities at the United Nations Independent International Commission of Inquiry for Ukraine

Abstract Persons with disabilities suffer disproportionately in every armed conflict, and Russia’s war in Ukraine is no exception. The atrocities committed against persons with disabilities in this conflict, however, are in part a consequence of the state’s longstanding policy of institutionalization, which heightens existing vulnerabilities and places persons with disabilities at an unacceptable risk of acute harm. The Independent International Commission of Inquiry for Ukraine must investigate the extensive and varied acts of violence that have been committed against persons with disabilities in Ukraine since the beginning of the Russian invasion, with a focus on persons with disabilities who are institutionalized. In recommending future action, the Commission must be driven by a victim-centred approach to accountability that contributes both to the criminal prosecutions of individual perpetrators, and to systemic reforms that contribute to the project of deinstitutionalization. This article can assist the Commission’s analysis by: (i) canvassing the reports of violence against persons with disabilities during the war in Ukraine, particularly those persons in institutions; (ii) reviewing the Commission for Ukraine’s mandate and explaining its primary purpose – that is, to ascertain the facts of the conflict, through an intersectional lens, with the aim of promoting accountability – with reference to the work done by United Nations commissions of inquiry in the past; and (iii) providing concrete examples on how the Commission’s investigations and report can further both legal accountability and systemic accountability for violence against persons with disabilities in Ukraine.

PENERAPAN PERATURAN KEJAKSAAN NOMOR 18 TAHUN 2021 TERKAIT REHABILITASI NARKOTIKA BERDASARKAN KEADILAN RESTORATIF

Restorative Justice is utilized as an approach to resolve criminal cases involving offenders, victims, families, and relevant parties to seek a fair resolution, prioritizing rehabilitation over retribution. The Guidelines for Narcotics Rehabilitation based on Restorative Justice guide Prosecutors in the stages of pre-prosecution, prosecution, and rehabilitation supervision. In practice, there are differences in the interpretation and application of the dominus litis principle by Prosecutors in handling narcotics cases with a restorative justice approach. The limitations in understanding and applying the dominus litis principle can affect the consistency and uniformity of rehabilitation policies provided by the Prosecutor's Office in narcotics criminal cases. Moreover, this issue can also lead to inconsistent treatment of narcotics defendants in need of rehabilitation. The issue concerning the authority of the prosecutor's office in implementing rehabilitation policies in narcotics criminal cases with a restorative justice approach and enforcing the law in narcotics criminal cases with a restorative justice approach. This research method employed a normative juridical research type using legislative and conceptual approaches as the basis for analysis in addressing the issues. The conceptual approach used includes the concept of narcotics rehabilitation by the Indonesian Prosecutor's Office based on theories of authority and law enforcement, serving as analytical tools in addressing the issue of prosecutor's authority in law enforcement rehabilitation in narcotics criminal cases. In conclusion, the Prosecutor's Office has the juridical authority to conduct rehabilitation in narcotics criminal cases with a restorative justice approach. This is regulated in the Indonesian Prosecutor's Regulation Number 18 of 2021. Prosecutors play a central role in controlling cases, from investigation to court judgment execution, based on the dominus litis principle. Public prosecutors have a significant role in ensuring that medical and social rehabilitation efforts are carried out appropriately by designated rehabilitation institutions or health services, as well as in issuing warnings and taking further action if suspects fail to comply with the prescribed rehabilitation process. Law enforcement in cases of narcotics abuse requires a thorough understanding and strict application of the requirements based on the Indonesian Prosecutor's Regulation Number 18 of 2021

Some Aspects Related to the Competent Bodies in the Matter of Budgetary Control

The fight against fraud needed regulation, and even more, to be the main object of the activity of specialized bodies. Thus, in 1988, the task force "Anti-Fraud Coordination Unit" was created, formalizing the fight against fraud and corruption and protecting the EU's financial interests. In 1995 (July 26), through Council Act 95/C 316/032, the "Convention on the protection of the financial interests of the European Communities" was introduced. In 1999, OLAF (the European Anti-Fraud Office) was established, so that in 2017 (12 October) to establish the European AntiCorruption Prosecutor's Office - EPPO, through Council Regulation (EU) 2017/19393. EPPO becomes operational from June 2020.

The Nullity Regime in the Criminal Process in Romania

Nullities represent procedural sanctions that intervene if the fundamental principles of the criminal process are not respected. What is imperative to mention is the fact that these procedural sanctions operate only judicially, which means that they must be ascertained by the judicial body. Unlike the old regulation, the new criminal procedure code regulates new cases of relative nullity and essentially changes the procedure for the application of nullities, the new legislator wanting to impose a new technique for approaching the drafting of the rules. Thus, we find the rules that regulate the conduct of the criminal process in the code of criminal procedure, Constitution, special laws, CEDO s.a. With regard to the procedural phase in which these rules may be violated, the cited provisions are applicable from the start of the criminal prosecution in rem, throughout the criminal prosecution, the preliminary chamber, in court, appeal, extraordinary appeals, including in the execution of court decisions.

The Exception Rights Utilization Strategy to Enhance Defendant's Freedom Protection in Criminal Justice Proceedings

The criminal justice must be carried out based on the Code of Criminal Procedure. According to Article 156, paragraph (1), the exception is the right of the defendant to answer the indictment given by the Public Prosecutor. The memorandum of objection must be made well when observing the indictment. If there are weaknesses in the indictment, they must be disclosed in the exception appropriately so that the results are optimal in restoring the defendant's human rights that had been deprived, in the form of freedom if the defendant is detained. The case does not proceed as in the Interim Decision number 1473/Pid.Sus/2017/PN Jkt.Sel. When it wants to continue as a case, the prosecutor must make a new indictment. The goal is to optimize so that the rights of the accused remain protected. That then there are efforts of the public prosecutor is a natural thing. The research method in this study is juridical normative. Data collection by making court decisions is also done through literature research.

The Personality of a Modern Bribetaker

A persistent negative situation in the sphere of corruption in Russia, as well as the enforcement of a new National Anti-corruption Plan for 2021-2024 approved by the Decree of the President of the Russian Federation of August 16, 2021 № 478, the search for new forms and methods of preventing this criminal social phenomenon and of counteracting it gain a special urgency. Experience shows that criminal law measures are not sufficient for counteracting corruption. Due to this, the role of criminology seems especially vital. A comprehensive study of the criminal’s personality will help to improve the effectiveness of preventive work for the category of people under consideration. The goal of the work is to research specific socio-demographic, moral-psychological, role and criminal law characteristics of the personality of a bribetaker in Russia today. The research is based on the analysis of Russian and foreign publications in journals of law and sociology. The empirical part consists in studying the decisions of the courts of general jurisdiction of different subjects of the Russian Federation (from 2018 to 2023) and official statistical information on criminal prosecution under Art. 290 of the Criminal Code of the Russian Federation. Besides, the author carried out a content analysis of electronic mass media on high-profile cases of bribery involving officials at different levels. It was found that, at the present time, a bribetaker in Russia is male (with a growing share of female bribetakers), aged 30-49, a Russian citizen with a higher education, married with underage children, employed by law enforcement or state and municipal bodies. He is described favorably as a responsible, sociable and competent person both at work and in personal life. Key individual psychological features include emotional stability, ability to control and manipulate people, ability to build necessary connections, denial of moral and criminal norms, avarice, tolerance to corruption, thirst for power and a desire to prove himself through illegal actions.

Subjects of preventing and countering criminal offenses related to corruption: functioning problems and prospects for improving the legal status

The article examines the subjects of prevention and counteraction to criminal offenses related to corruption. The author establishes that these are not only specialized law enforcement and judicial institutions (the National Anti-Corruption Bureau of Ukraine, the Specialized Anti-Corruption Prosecutor's Office, the High Anti-Corruption Court), but also institutions of general jurisdiction (the National Police of Ukraine, courts of general jurisdiction), as well as other entities, including government agencies, various categories of authorized persons, whistleblowers, and civil society institutions. Despite the fact that Ukraine operates a three-tier anti­corruption system (the National Anti-Corruption Bureau of Ukraine, the Specialized Anti-Corruption Prosecutor's Office, the High Anti-Corruption Court), which is a countermeasure to elite corruption, the main burden of detection and prosecution for criminal offenses related to corruption, entrusted to the investigators of the National Police of Ukraine, who investigate relevant criminal proceedings, and district or inter-district courts, which conduct judicial review of these proceedings. However, quantitative indicators of criminal prosecution of persons who have committed criminal offenses related to corruption do not always provide the necessary results. Individual facts of bringing to criminal responsibility officials occupying a responsible or particularly responsible position are important, as this can have a significantly greater preventive effect on the subjects of the declaration in order to prevent them from committing corruption or corruption-related criminal offenses.
 Based on the results of the analysis of the problems of the functioning of the specified subjects, the prospects for improving their legal status have been determined: 1) to create a mechanism for rewarding whistleblowers not only for corruption crimes, but also for criminal offenses provided for in Art. 366-2 of the Criminal Code of Ukraine; 2) ensure the institutional independence, separation of the head of the authorized unit (authorized person) by subordinating him/her directly to the National Agency for the Prevention of Corruption; 3) expand the powers of authorized divisions (authorized persons) in the area of declaration; 4) supplement the Law of Ukraine "On Prevention of Corruption” of October 14, 2014 with the main tasks of the person responsible for the implementation of the anti-corruption program.

Features of pre-judicial investigation in criminal proceedings in foreign countries

The scientific article is devoted to the definition of certain features of the procedure for conducting a pre-trial investigation in criminal proceedings of foreign countries. The origins of the separation of the «preliminary investigation» as a separate stage of the criminal process are established, as well as the relationship of national legal traditions and types of legal systems with the corresponding standards inherent in the criminal process is traced.
 The analysis of the criminal procedural legislation of the Federal Republic of Germany, the Kingdom of Spain, Great Britain and the French Republic was carried out. The main aspects of the pre-trial investigation and inquiry of the Federal Republic of Germany have been studied. It has been established where criminal proceedings begin, how the interaction between prosecutors and police officers is configured, which is free evidence. Attention is focused on the types of suspicions depending on the degree of probability and functional purpose.
 It was determined that the pre-trial investigation as an independent stage of criminal proceedings, according to the Criminal Procedure Law of Spain, is always the first in the criminal process. However, at the same time, the inquiry is in no way formally separated from the pre-trial investigation. The prosecutor and the investigating judge are united with the common goal of identifying the person who committed the crime and collecting the necessary evidence. The specifics of this stage depending on the type of proceedings are also indicated.
 The characteristic features of criminal proceedings in Great Britain, which do not include the stage of pre-trial investigation at all, are considered. Despite the possibility of the defense party to collect evidence independently, the police's activities are considered extra-procedural, and therefore all the factual data collected by them need to be presented to the magistrate and their further confirmation.
 The position and procedure for starting an investigation under French law is outlined. Her criminal process considers inquiry and preliminary investigation as separate independent stages. First of all, an inquiry is conducted, then a criminal prosecution is initiated, after which a preliminary investigation begins.
 The conclusion of the article emphasizes the need for coordinated work of law enforcement agencies based on the principles of the rule of law, legality and justice. The necessity of applying the experience of foreign countries in improving the pre-trial investigation of Ukraine is argued.

Sygnalizacja rażącego naruszenia obowiązku procesowego przez radcę prawnego w postępowaniu karnym

Signalling a gross breach of procedural duty by attorney-at-law in criminal proceedings The purpose of this article is to present the institution of signalling a gross breach of procedural duties by an attorney-at-law who is a defense counsel or an attorney of a party in criminal proceedings. This institution is regulated by the provisions of Article 20 of the Polish Code of Criminal Procedure, while this provision is also applicable in other procedures: proceedings in cases regarding fiscal crimes and fiscal offenses, misdemeanour proceedings and executive criminal proceedings. The analysis of the applicable regulation leads to the conclusion that signalling constitutes an action of the procedural authorities "outside" the pending criminal proceedings. A notification of a breach of a procedural duty addressed by a public prosecutor or a court to the council of the competent district chamber of attorneys-at-law does not in itself hold the alleged offending attorney-at-law liable for professional liability. The decision as to whether any consequences are to be drawn against him or her as a result of the finding of a violation is taken autonomously by the organs of the attorneys-at-law self-government. They are obliged to take action about the prosecutor's or court's signalling, and the dean of the council is obliged to inform the body of the violation of such action.

Actual issues of combating human trafficking in the context of international armed conflict in Ukraine

The article examines problematic issues of countering human trafficking in the context of the international armed conflict in Ukraine. It has been established that human trafficking is a crime that has both a national and an international dimension, as it should be considered both an ordinary and a war crime. It was emphasized that the international armed conflict that has been going on in Ukraine since 2014 caused the emergence of new trends in the field of human trafficking. New schemes of this criminally illegal act have emerged, related to use of Ukrainian citizens in the armed conflict as labor force or direct participants in this conflict. Women and children who leave for other countries in connection with the occupation and indiscriminate shelling of Ukrainian territories, in certain cases become victims of human trafficking subjects who disguise their business as volunteer activities.It was established that the lack of an effective system of criminal prosecution for war crimes committed in Ukraine contributes to various manifestations of human trafficking as a war crime.It is argued that it is extremely important to develop an effective and efficient mechanism to counter this shameful phenomenon both at the national and global (interstate, international) levels. In addition to developing and consolidating the regulatory and legal basis for combating human trafficking, important directions are also: 1) establishment of an effective mechanism of interaction: both at the international and at the state level (between state institutions and public organizations in this field); 2) informational and explanatory work among the population, aimed at preventing the commission of specified illegal acts against them; 3) raising the professional level of specialists who work in the field of providing assistance to refugees, as well as providing assistance to persons affected by human trafficking; 4) development and implementation of post-conflict rehabilitation programs for persons who became victims of trafficking and violence during armed conflicts.It is proposed to consider the possibility of recognition as a qualifying or particularly qualifying feature of the crime provided for in Art. 149 of the Criminal Code of Ukraine, its commission in conditions of armed conflict.

Problematic aspects of criminal prosecution for domestic violence

mestic violence.The article is devoted to the analysis of the features of bringing criminal responsibility for committing domestic violence. It has been proven that the establishment of criminal responsibility for committing domestic violence is important for the following reasons: firstly, from the point of view of protecting the rights of victims, since domestic violence is one of the most serious forms of violation of rights, it endangers social values, such behavior can encroach on mental and physical health, honor, dignity, sexual freedom and sexual integrity; secondly, its establishment is part of Ukraine’s international obligations; thirdly, when domestic violence is criminalized, victims are more likely to seek help from law enforcement agencies, they are certain that their complaints will be carefully considered and their rights will be protected; fourth, criminalizing domestic violence helps prevent illegal behavior. At the same time, there are still certain problematic aspects related to bringing criminal responsibility for committing domestic violence. The mentioned actualizes the research of the chosen issue.Special attention is paid to the importance of the Convention of the Council of Europe on the prevention of violence against women and domestic violence and the fight against these phenomena of 11.05.2011 in the establishment of criminal liability for the commission of domestic violence and the changes made to criminal and criminal procedural legislation in connection with bringing the legislation into compliance with the norms of the Convention.The statistical information of appeals regarding domestic violence and criminal proceedings considered by the court was analyzed. The problematic aspects of criminal responsibility for committing domestic violence include: 1.Establishing the systematicity of domestic violence. 2. Inefficient investigation. 3. Attribution of domestic violence to cases of private prosecution.It was concluded that the criminalization of domestic violence is a significant step on the way to European integration, Ukraine’s fulfillment of international obligations, and protection of victims of domestic violence. Taking into account the shortcomings and challenges that have arisen in connection with bringing guilty persons to criminal responsibility, it is proposed to carry out the following measures: firstly, the development of a clear judicial practice in the matter of establishing systematicity as a sign of a criminal offense provided for in Article 126-1 of the Criminal Code of Ukraine, secondly, the formation of a non- discriminatory attitude towards victims among law enforcement officers and, in general, the formationof intolerance to any manifestations of domestic violence in society; third, the exclusion of domestic violence and crimes related to domestic violence from private prosecution cases.

Reformulasi Sentra Penegakan Hukum Terpadu menjadi Lembaga Independen Pemberantasan Tindak Pidana Pemilu

The practice of implementing elections in Indonesia from time to time becomes an antinomy of the principle of honesty and fairness. This practice is evidenced by the increasing number of election violations, especially election crimes. This shows that the role of the Sentra Gakkumdu, which specifically functions to eradicate election crimes, has not been effective. The most highlighted issue regarding the existence of the Sentra Gakkumdu is the weak coordination and its limited nature as a forum between Bawaslu, the Police, and the Prosecutor’s Office. This research aims to describe the problematics of election criminal law enforcement in Indonesia and the reformulation of Sentra Gakkumdu into an Independent Institution for Eradicating Election Crimes. This research was conducted using normative juridical research. The results of this study show: First, the ineffectiveness of election criminal enforcement is caused by the limited time for handling cases, the weak institutional building of Gakkumdu which includes institutional nature, authority, human resource capacity and coordination between institutions in it. Second, it is necessary to reformulate the Gakkumdu Center into an Independent Institution for the Eradication of Election Crimes. The idea of making Gakkumdu an Independent Institution departs from several weaknesses in the existing institutional building plus the complexity of handling election crimes and speedy trial design requires a special institution that focuses on handling the eradication of election crimes. The institution will later take the form of an independent institution with prevention and prosecution functions, while. The institutional structure will consist of investigators, investigators, and permanent public prosecutors led by commissioners.

Criminalistic aspects of torture using an artificial intelligence system: a review

The article discusses the use of artificial intelligence to identify violations and deficiencies in forensic institutions and law enforcement agencies and chipping employees of criminal prosecution agencies to prevent illegal investigative methods, including torture.
 The legislation of foreign countries regulating the procedures for conducting medical research and investigating cases of torture is considered.
 Regarding obtaining high-quality materials for examining the scene of an accident and using their results during a forensic medical study, the authors proposed a modular kit for recording the results of an inspection of the scene (utility model patent dated August 4, 2023).
 This study proposed a procedure for using artificial intelligence to improve the quality of work of criminal prosecution bodies and forensic institutions. A SWOT analysis of the use of artificial intelligence to improve the quality of law enforcement agencies and forensic institutions was conducted. Based on the results, the positive and negative aspects of the use of artificial intelligence were determined.
 Based on the analysis of the national mechanism for conducting forensic research, proposals have been developed to improve the work of investigators and forensic experts.

Implementation of Policy Regulation of The Head of The National Land Agency Number 5 of 2012 Concerning Technical Instructions For The Implementation of Land Procurement

That this research aims to analyze more deeply the implementation of the policy of the Head of the National Land Agency Regulation Number 5 of 2012 concerning Technical Instructions for Implementing Land Acquisition Case study of Land Acquisition for the Construction of the Pekanbaru-Bangkinang Toll Road, Riau Province. The research method in this legal research uses qualitative methods. The problem formulation used in this research is how to implement the policy of Regulation of the Head of the National Land Agency Number 5 of 2012 concerning Technical Instructions for Implementing Land Acquisition and what factors hinder the implementation of the policy of Regulation of the Head of the National Land Agency Number 5 of 2012 concerning Technical Instructions for Implementing Land Acquisition. That the results of this research found that the implementation of land acquisition for the construction of the Pekanbaru-Bangkinang toll road in Riau province was not optimal, that there were obstacles in the implementation of land acquisition for the construction of the toll road in the form of land disputes, the location being included in a forest area, and resistance from residents to the development. the toll road. The conclusion of this research is that it is best to review the regulations of the Head of the National Land Agency Number 5 of 2012 concerning Technical Instructions for the Implementation of Land Acquisition which function as a fulfillment of solving public problems in the land sector and filling legal gaps if necessary and that regarding the obstacles that In the field, assistance should be provided with related officials such as the prosecutor's office and police as well as the local district court to provide a sense of security and comfort for the committee and other stakeholders involved in the land acquisition process for the public interest.

EU Competence in Criminal Law and National Identity as an Opt-Out for the Member States of the European Union

The article examines the EU's competence in criminal law, and the ways in which the EU can intervene in this area within the national law of the Member States. Considering the current debate in Slovakia regarding amendments to criminal codes and the proposal to abolish the Special Prosecutor's Office, the paper discusses the delimitation of competence in this respect between the EU and the Member State. The article also discusses the possibility of a Member State to argue national identity in Article 4(2) TEU on the issue at hand.

Child torture victimization: Review of criminal statutes and medico-legal issues

A renowned group of pediatricians and an attorney with expertise in child abuse matters proposed a medical definition of intrafamilial child torture perpetrated by a caretaker in a landmark 2014 publication in the health sciences literature. Representing one of the most widely cited publications on non-politically motivated child torture to date, this medical definition encompassing physical abuse, psychological abuse, deprivation, and neglect characterizing child torture has been broadly recognized and accepted by multidisciplinary professionals across medical, child welfare, and criminal justice sectors. While the medical community's efforts aimed to compel legislative changes, including adoption of explicit torture-specific statutes that would enable criminal justice system responses reflective of abuse severity, subsequent legal analyses have revealed tremendous variability in criminal investigations, prosecution, sentencing, and case outcomes. In this discussion piece, medico-legal issues relevant to intrafamilial child torture case prosecution are reviewed. The impact of the established medical definition on jurisdictional legal approaches and unique case challenges related to longitudinal nature of abuse, frequent psychological injury, and victim-perpetrator dynamics are explored in depth. Utilizing available legal research platforms, investigative information, health sciences literature, and prosecutor self-report, existing child torture statutes and case outcomes were compared with focus on perpetrator, victim, socio-environmental, and community influence on legal outcome. Prosecutorial challenges facing jurisdictions lacking child torture statutes are discussed with emphasis placed on the critical role played by the medical community to support diagnosis of physical and emotional impacts to the child. Finally, the process by which states can establish a jurisdictional torture statute are suggested.

Criminal Law Significance of Final Procedural Decisions on Exemption from Criminal Liability and Punishment

The subject of the study is the provisions of criminal, criminal procedural and criminal exe cutive legislation, as well as acts of interpretation and judicial practice related to the legal regulation of exemption from criminal liability or punishment of those who have committed a crime. The purpose of the study is to compare the provisions of the criminal law regulating the grounds for exemption from criminal liability and punishment with the norms of criminal procedure law regul ating the procedure for making final decisions on the termination of a criminal case (prosecution). Using the general scientific dialectical method, as well as the methods of formal legal analysis and synthesis, the author identified and demonstrated contradictions between the norms of substantive and procedural law in terms of substantiating the grounds for terminating a criminal case (prosec ution) and the grounds for exemption from criminal liability (punishment). Conclusions. Ignoring the provisions of the Criminal Code of the Russian Federation, which contains an exhaustive list of grounds and conditions for exemption from criminal liability and punishment, results in uncertain legal consequences for those who have committed crimes, both as to criminal law coercive measures and determining the general legal consequences for a person committing a crime. Thus, in some cases, courts are forced to make decisions on exemption from punishment due to the expiry of the statute of limitations, despite the fact that Art. 78 of the Criminal Code of the Russian Federation requires that such persons be exempted from criminal liability. On the other hand, Art. 398 of the Code of Criminal Procedure of the Russian Federation contains a special provision for deferring the execution of a sentence, which is not found in the Criminal Code of the Russian Federation either as a basis for exemption from liability or from punishment. It is proposed to eliminate the exis ting contradictions in the branches of law by unifying the norms of criminal procedural legisl ation and bringing them into conformity with the norms of substantive criminal law that regulate the e xemption from criminal liability and punishment.

Submarine Infrastructures and the International Legal Framework

The purpose of this paper is to identify weaknesses in the international framework for the protection of submarine cables beyond the sovereign waters of coastal States. To illustrate this, the paper uses a hypothetical case study of what a possible attack on a submarine cable may look like. First, it provides an overview over the applicable framework, with a particular focus on international peacekeeping law (ius contra bellum), the law of the sea, protection against piracy, and criminal prosecution under national criminal law. Various international conventions play a key role in relation to submarine cables. Particularly relevant are the Convention on Submarine Telegraph Cables of 1884, the United Nations Convention on the Law of the Sea of 1982, as well as the peacekeeping regulations of the United Nations Charter of 1949. After outlining the legal framework using the classical methods of treaty interpretation, as well as taking the scholarly literature on this subject into account, the example is subsumed under the various means of protection under international law. The peacekeeping law of the United Nations turns out to be ineffective because, on the one hand, an attack as described in the reference scenario does not necessarily constitute an armed attack in the sense of the UN Charter and therefore cannot be met with military countermeasures. On the other hand, an authorisation by the Security Council cannot be given quickly enough to counter the attack militarily. In addition to that, measures taken in the framework of the Law of the Sea Convention are ineffective due to the exclusive flag State jurisdiction which precludes other States from acting in this matter. An exception to this principle, namely universal jurisdiction to combat piracy, is unlikely to be applied in the context of an attack against a submarine cable. Finally, as result of the exclusive jurisdiction of the flag State and the poor implementation of the international obligations under the Law of the Sea Convention, national criminal law is also inadequate as a repressive means of protection.

The challenge of proving causality in lawsuits for pesticide contamination

Despite the long history of research into the risks caused by the extensive use of pesticides to the environment and human health, it is still challenging to identify the causal link between the event and the damage, that is, proving that a specific product, on that occasion, caused that damage. The present study aims to analyze this difficulty in liability suits for pesticide contamination, as this evidence is essential for the lawsuit to be successful. Authors such as Bombardi (2017) and Pignati et al. (2017), among others, contributed to the writing. Jurisprudential research was carried out in the states of Mato Grosso, São Paulo, Pernambuco, and Paraná, as well as interviews with judicial experts and a public labor prosecutor. In jurisprudence, it is clear that damages to human health and crops mainly trigger the judiciary which, in approximately half of the decisions, the causal link was not established, with the main obstacles being the failure to prove the relationship between pesticides and diseases, and pesticide drift to locations other than where it was applied. During the interviews, the complexity of these products was reported, as they are only identified under particular temporal, spatial, and quantity conditions. The combination of these analyses demonstrates the need for investment in inspection and monitoring policies, as well as laboratory structures, so the judiciary can be more effective in its actions, in addition to reviewing the pesticides allowed in Brazil and their maximum tolerated quantities.

The Nature of Public Interest as the Basis for the Prosecutor's Authority to File for Bankruptcy

Objective: The prosecutor's office in making policies to represent the public interest is a form of realization of law enforcement and justice. Not all public interests can be represented by the Prosecutor's Office when filing for bankruptcy. The public interest that can be represented by the Prosecutor's Office as a basis for submitting a bankruptcy application is the interest of the majority. The aim is to formulate the nature of the public interest as the basis for the Prosecutor's authority to file for Bankruptcy. Methode:This research is a type of normative research. Result: The essence of the public interest as the basis for the Prosecutor's authority to file for bankruptcy is the Prosecutor's policy in making decisions that represent the interests of the majority, so that the Prosecutor can realize the hope of implementing law enforcement and achieving justice.