Public Attorney Research Articles

Implementation of Restorative Justice for Narcotic Abusers: A Case Study in the Takalar Public Attorney’s Office

This research aims to examine and analyze how the Takalar Public Attorney’s Office applies the Guidelines of Attorney General Number 18 of 2021. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that Sofyan Setiawan’s case is the sole example of implementing restorative justice, aligning with the Guidelines of Attorney General Number 18 of 2021 at the Takalar Public Attorney’s Office. The entire legal process, from the drafting of the legal opinion by the Public Prosecutor to the issuance of Letter Number B-230/P.4.32/Es.1/08/2022 by the Head of the Takalar Public Attorney’s Office, demonstrates compliance with formal and material completeness. Instructions for resolving the case were subsequently forwarded to the High Attorney’s Office of South Sulawesi. The progression to restorative justice was documented in Letter Number R-/P.4.4/Enz.1/08/2022, issued by the Assistant for General Crimes on behalf of the Head of the High Attorney’s Office of South Sulawesi. Sofyan Setiawan then effectively underwent rehabilitation from August 3 to December 3, 2022, at the Baddoka Narcotic Rehabilitation Center in Makassar. Therefore, several recommendations can be proposed to the relevant stakeholders. First, the Head of the Takalar Public Attorney’s Office and the High Attorney’s Office of South Sulawesi should collaborate to identify the formal and material completeness criteria enabling broader implementation of restorative justice. Second, the Assistant for General Crimes and the Public Prosecutor are advised to develop a systematic evaluation mechanism to assess the effectiveness of rehabilitation as one of the options for resolving narcotic criminal cases. Third, the Baddoka Narcotic Rehabilitation Center in Makassar and relevant institutions in Makassar are recommended to enhance the capacity of their facilities and rehabilitation services, especially considering the high number of narcotic cases. These measures aim to improve the effectiveness and scope of restorative justice in handling similar cases in the future.

Involuntary Admission From the Perspective of RNs and Nursing Assistants at a Mental Health Facility.

The current qualitative research study was performed in a psychiatric hospital in São Paulo, Brazil. The study aimed to identify RNs' and nursing assistants' (NAs) (N = 21) knowledge regarding different types of admission to psychiatric hospitals established by Brazilian legislation. Data were collected through semi-structured interviews and analyzed through content analysis resulting in the following theme: Gaps in the Knowledge of RNs and NAs Regarding the Rules for Admission; and five subthemes: voluntary admission and the requirement of having a responsible person during admission; involuntary admission occurring when the family is the one to hospitalize the patient; involuntary admission is the same as compulsory admission; is there involuntary admission?; and the role of the public attorney in involuntary admissions. Results showed deficits in knowledge about the different types of admissions to psychiatric hospitals. Therefore, policies to promote awareness of the legal framework concerning psychiatric treatment should be developed to enable mental health nurses to support patients' autonomy during involuntary admissions. [Journal of Psychosocial Nursing and Mental Health Services, 61(8), 42-50.].

Prosecutorial Decision Making in Domestic Violence Cases: Are Prosecutors Holding Offenders Accountable?

Domestic violence (DV) continues is an ongoing costly issue for the criminal justice system, Research indicates the prosecutor's filing decision is important to keeping DV victims safe, but there is little research examining prosecutorial filing decisions in DV cases. This study used focal concerns as a theoretical framework to explore which legal and extra-legal factors impact prosecutorial filing decisions in DV cases. The study utilized data collected from 731 misdemeanor and felony DV cases from an urban County in Florida between January 2017 - December 2018. Two binomial logistic regression models were used to predict the likelihood a DV case would be filed on any charge, filed on a DV specific charge or not filed. Results showed some support for focal concerns but findings suggest that factors impacting this decision vary based upon case severity (i.e. misdemeanor, felony). A weapon present decreased the filing likelihood for misdemeanor cases but victim requests not to prosecute and a public attorney decreased filing likelihood for felonies. The prosecutor's decision to file charges is a powerful tool to keep victims safe and should be based on legal facts and risk of future harm, but here these factors had little to no impact on this decision.

The House of the Brazilian Woman: impacts of a cross-sectoral public health policy for abused women

Abstract Issue Violence against women is a serious public health concern in Brazil; the country ranks 5th globally for femicide and has high rates of intimate partner violence. In response, a national policy created the House of the Brazilian Woman (HBW). HBWs aimed at caring for abused women, are staffed 24/7 with multi-disciplinary teams; cross-sectoral services include: psychosocial support; healthcare; specialized police; courts; public attorney's offices; temporary shelter; and access to financial support. Description of the Problem The purpose of this study was to characterize the preliminary impacts of the HBW of Curitiba. Based on mixed-methods participatory action-research, data were collected between 2018-2020. We present quantitative measures describing the individuals served and a thematic analysis of in-depth interviews with HBW staff. Results Since its opening, in 2016, the HBW of Curitiba has served around 50,000 users, including women and perpetrators. The most prevalent type of violence reported was psychological (67%, n = 14,343), followed by physical (25.8%, n = 5,531), economic (5.2%, n = 1,104) and sexual (2%, n = 428). Positive qualitative impacts perceived by staff were: 1) improved women's empowerment; 2) the importance of centralized resources; 3) acting as a support to ensure existing legal protections. The main challenges were: 1) high demand; 2) discontinuous care; 3) negative impacts on staff's health. Lessons The HBW of Curitiba is a key cross-sectoral service for abused women, part of a greater national policy to prevent violence and support women. Despite serving a large number of women in a short period of time challenges remain including integration with other parts of the network and considerations of staff burnout. Key messages Effective cross-sectoral policies for abused women are paramount for comprehensive women’s health. Having cross-sectoral services in just one place operating 24/7 has high impact for abused women.

A CAPACIDADE PROCESSUAL DOS ANIMAIS NO BRASIL E NA AMÉRICA LATINA

O presente artigo de revisão utiliza o método lógico-sistemático para analisar a capacidade processual dos animais, considerada em sentido amplo, no Brasil e na América Latina. Inicialmente, o artigo apresenta os principais precedentes dos tribunais latino-americanos, que reconhecem os animais como sujeitos de direito e com capacidade de defender em juízo interesses próprios. Em seguida, revisa o conceito de capacidade processual no Direito brasileiro, em sua tríplice configuração. Na sequência, analisa o Decreto federal 24.645/1934 para demonstrar que os animais possuem capacidade de ser parte processual, desde que devidamente assistidos por seus substitutos legais, pelas sociedades protetoras ou pelo Ministério Público. Por fim, após constatar a omissão doutrinária sobre o tema, analisa as vantagens e desvantagens em se atribuir capacidade de ser parte aos animais.

The Problematic Execution Of Criminal Sanction For Minimum Fines In The 1945 Constitution Number 35/2009 Concerning On Narcotics (Legal Region Of Dharmasraya District Attorney)

This research explained about problematic execution of criminal sanctions for minimum fine in 1945 constitution number 35/2009 concerning on narcotics in legal region of Dharmasraya District Attorney Office and the effort to overcome those problematic based on constitution number 35/2019 concerning in narcotics in legal region of Dharmasraya District Attorney Office. This research used criminal theory and law enforcement theory, the method used here is empirical research category and research location within Dharmasraya District Attorney. The result of this research indicates that the whole problem of criminal concern in narcotics which handled by Dharmasraya District Attorney, none of the convicted people implementing judge decision of criminal sanction. Most of the convicts choose to take a prison sanction as a substitute of paying penalty money rather than paying penalty money itself. There are two main factors of why most convicts choosing that decision, economic limitation of every convicts and the possibility of every convicts to take a prison punishment with a quite short period and it considered better than paying penalty as punishment. On its implementation of making criminal punishment decision, public attorney could not make a maximum effort to make convicts obeying the punishment penalty. Public attorney only able to asking for charge, however if the convicts cannot pay the punishment money, they will get a declaration letter of incapable to pay and being imprisoned.

Sporazum o priznanju krivičnog dela - pojam, pravna priroda i korišćenje sporazuma o priznanju krivičnog dela kao dokaza

Plea bargain is an institute that is used in most different criminal proceedings, and does not represent an issue in matter when a certain criminal event is being related to a single perpetrator of a criminal act. In situations where more perpetrators exist, or more criminal acts, verdict that has accepted the plea bargain can be frequently used as evidence, which cannot be tested. Having in mind that Code of criminal proceedings is regulating three kinds of bargains between public attorney and offender, those being plea bargaining of criminal act, which goal is to rationalize the sole criminal procedure, as well as bargain on account of witnessing of offender or convict, whose goal is to efficiently carry out the procedure in relation to other offenders of criminal acts, question is raised on why is plea bargain used as evidence in criminal procedure. Using the plea bargain as evidence, without option of that evidence being tested, represents a violation of the right to defense, right to fair trial and presumption of innocence. Having in mind the fact that principle of material truth is not one of principles in criminal procedure, as well as the fact that option to sign the plea bargain is not limited with qualification of criminal act, nor prescribed punishment, as well as the matter of facing practical problems of using the plea bargain as a formed fact, that cannot be tested, questions is raised how can we solve the practical problem using theory. It's doubtless that public attorney is benefiting from the option of using plea bargain as established and inexcusable evidence, but the position of defense is in matter here, and its position to test the evidence that cannot be a subject of dispute. Having in mind that public attorney has on disposal other bargains as well, that can be signed with the offender, or convicted person in goal of efficiently implementing the proceedings in relation to other offenders of criminal acts, we realize that using the plea bargain should have for, its purpose, sole rationalization of criminal procedure. Alongside criminal procedures that are finalized, there are many criminal proceedings that are not finalized, where defense is helplessly fighting the use of plea bargain as evidence. Realizing the practical problem, it can be useful to take this issue in aspect from few angles, as well as suggesting the means on how to solve a problem in issue. In regard what was said earlier, in goal of respecting the principles of criminal procedure, changes of Code of criminal procedure were suggested, as well as easier solution regarding the lawful stand of Supreme Court of cassation that would answer this theoretical problem, would fulfill the void in law system, harmonize case law, as well as fully respect and use right to defense.

PERAN KEJAKSAAN DALAM TAHAP PENUNTUTAN TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA” (Studi Kasus Kejaksaaan Negeri Gorontalo)

Public attorney is a governmental agency performing a state power of prosecution and its duties and responsibilities are regulated by Article 30 of Act No. 16 of 2004 about Attorney of Indonesian Republic. In this matter, a child who committed a crime, although qualitatively and quantitatively he or she might commit law breaking just like an adult, but he or she would not be handled like an adult. Attorney as an authoritative agency in prosecution is expected to make indictment that can give repent effect to the defendant and in the same time, it fulfill his or her rights. Problem statements of the research is to know what is profile of ordinance regulating position and role of public attorney in prosecution stage to a child who had committed a crime. Results of the research indicated that synchronous correlation between act and its application in Public Attorney of Gorontalo Regency. The Public Attorney performed its role according to the act

Reprezentacja nieznanych spadkobierców przed sądem administracyjnym — wybrane zagadnienia prawa pomocy

REPRESENTATION OF UNKNOWN HEIRS BEFORE THE ADMINISTRATIVE COURT — SELECTED ISSUES OF THE RIGHT OF ASSISTANCEThe guardian of inheritance may initiate proceedings before an administrative court when the interests of unknown heirs so require e.g. due to the need to determine the tax liability included in the estate. In the case of lodging a complaint to the administrative court by the guardian, he may apply for exemption from court costs because he has not been relieved expressis verbis from incurring them under the law. The guardian of the inheritance may also apply for the appointment of an public attorney because of the right to court, especially when a professional representative is required to draft an appeal. Not always the guardian is a professional attorney advocate, legal counselor, tax advisor who can submit such a remedy by representing the interests of unknown heirs within. In the case of submitting the application with demand of granting the right of assistance it should have been taken into account that the guardian represents the interests of the inheritance. In consequence, the application should present actual information about the inheritance.

Neo-Liberal Methods of Labour Repression: Privatised Violence and Dispossessive Litigation in Korea

ABSTRACT This article begins by asking what lies behind the rise of extreme methods of labour repression in Korea in the 2000s. The answer goes beyond the common neo-liberal conditions of intensified competition, insecurity and precariousness in the labour market. This study focuses on how market logic, emboldened by neo-liberal restructuring, guides the state and corporations to reconfigure methods of disempowering organised labour. The examination of Korea shows the government and employers have actively used newly emergent commercial security firms and public labour attorney offices to exercise private violence and file damage compensation lawsuits against unions and workers who resist neo-liberal employment conditions. The systematic deployment of commercial violence and dispossessive litigation to constrain workers’ mobilisation deepens our understanding of the complexity of state and corporate coercion in the neo-liberal era. The state–capital relation in these circumstances also raises questions about the authority of legal institutions under democratic governments encroached by heightened power of corporate interests.

La justicia administrativa con especial referencia al Tribunal de lo Contencioso Administrativo

En el presente documento se plantean algunas propuestas de reformas para contribuir a la justicia administrativa en el estado de Sonora.En México, es urgente contar con órganos autónomos anticorrupción a nivel federal y estatales responsables de combatir a la corrupción desde la perspectiva administrativa, dejando a las procuradurías el ámbito penal.

O Acesso à Justiça como Parte de uma Agenda de Políticas do Estado Sujeitas a Controle Público e Social no Brasil

Este artigo objetiva discutir especificidades da implementação de políticas de democratização do acesso à justiça no Brasil, tendo como pano de fundo os paradigmas liberal e social de acesso e a construção do Estado de bem-estar social no contexto brasileiro. Além disso, procuraremos demonstrar que, como reflexo da problemática estruturação do Estado de bem-estar no Brasil, o judiciário assume o papel de “engenheiro” social e político nas funções jurisdicional e administrativa da justiça. O judiciário e o ministério público possuem o monopólio da condução de políticas que objetivam a ampliação do acesso à justiça, o que constitui em obstáculo a um controle social das mesmas.

O papel do Ministério Público na autocomposição de conflitos sanitários transindividuais

RESUMO: objetivo: analisou-se o papel do Ministério Público na autocomposição bilateral de conflitos sanitários transindividuais, envolvendo políticas públicas de saúde, notadamente se pode atuar como mediador, tendo em vista sua condição de parte, legitimado extraordinário pela substituição processual. Metodologia: tratou-se de estudo exploratório, de base qualitativa, desenvolvido a partir de fontes documentais primárias e bibliográficas, interpretadas e valoradas com os recursos da análise de conteúdo. Resultados: os resultados apurados indicaram que a adequada resolução de conflitos sanitários transindividuais, envolvendo direito à saúde e políticas públicas de saúde, perpassa por um sistema multiportas de acesso à Justiça, com primazia para a autocomposição bilateral, através da negociação, da mediação e da conciliação, de modo que o sistema de jurisdição somente seja acionado como último recurso. Emergiu, também, a legitimidade do Ministério Público para atuar nesse sistema, desempenhando distintos papéis na seara judicial e extrajudicial, tendo a observância ao ordenamento jurídico como linha condutora de sua atuação. Conclusão: na autocomposição bilateral de conflitos sanitários transindividuais, o Ministério Público atua como autêntico negociador colaborativo.

KOORDINASI APARAT PENGAWASAN INTERN PEMERINTAH (APIP) DAN PENYIDIK DALAM PENANGANAN TINDAK PIDANA KORUPSI DI KABUPATEN BANYUMAS

This research aimed to find out the form and coordination effectiveness between the Government Intern Controlling Apparatus with the Investigator in handling the criminal act of corruption in the Regency of Banyumas This research used the sociology juridical approach. Data in this research was obtained by interview with the Public Attorney Investigator of Banyumas. The Tipikor Unit Investigator Reskrim Polres Banyumas and Inspektorat Banyumas and collecting many of the certainty ordinance regulation, documentation, literature and accessing internet.  Based on the result of research and discussion could be taken the conclusion of. Coordination between APIP and Investigator did not have the clearness in technique and criteria act of State Civil Apparatus which one was categorized  in the scope of criminal act that became the authority of Investigator or in the scope of administration that became the authority of APIP with the Investigator in handling the criminal act of corruption  was not being effective because of ego sectoral between APIP and Investigator and the necessity of disposition of regebts so that APIP can not work objectively and take a very long time .  Keywords: APIP, Coordination, Investigator

Limites da intervenção do Ministério Público nas políticas públicas de promoção de Direitos Humanos no Brasil

Este texto analisa como o processo de judicialização de políticas públicas relacionadas à promoção dos direitos humanos tem permitido um maior protagonismo do Ministério Público. Primeiramente, é apresentada a evolução da concepção moderna de direitos humanos e sua transformação em direitos subjetivos, que podem ser demandados judicialmente, com a atuação do Ministério Público. Em seguida são discutidos limites e contradições nesta atuação. Conclui-se pela necessidade de encontrar um equilíbrio baseado no diálogo com a sociedade e na tolerância para que a intervenção nas políticas públicas possa ser efetiva e eficaz.

Investigator Issue in Financial Service Crime in Indonesia

The objective of this paper is to address a question of the effectiveness of Financial Service Authority (Otoritas Jasa Keuangan - OJK) investigators in eradicating financial service crimes in Indonesia. This question arises because in Law on Financial Service Authority there are OJK’s investigators with an investigatory authority on OJK crimes, including; banking, capital market, insurance, pension fund, financing institutions, and other financial service institution sectors. Meanwhile, there have been other investigators with an authority to investigate, namely, public prosecutor, police, and KPK (Indonesia’s corruption eradicating commission). The theoretical framework of this paper was grounded in the thoughts of Aristotle, who says that the goal of law is to achieve justice, and that of Hans Kelsen’s stuffen theory. The method of writing was juridical-normative, by studying legislations, both contained in laws themselves and in literatures/books of legal science, particularly those related to Financial Service Authority. The result was in a form of juridical aspect and written in a descriptive-analytical form. The conclusion of this paper was as follows: There was an overlapping of authorities between OJK’s investigators and public attorney’s investigators, police, and KPK, be they in the investigation of general crimes and that of special crimes/corruption. As for the effectiveness of OJK’s investigators, it should be proved yet in the future.

1523 – Suspicious recurrent child abuse and the intersection field of psychiatry and law: a case report

In Brazil, children and adolescents are considered holders of Special Rights, as depicted in Article 227 of the 1988 Brazilian Constitution. Special Rights refers to a condition in which their rights should be respected, but also protected from physical, moral and psychological harm. Moreover, the Brazilian Child and Adolescent Statute (Law n. 8.069) specifically guarantees full protection of children and adolescents. This case-report sought to discuss the intersection of Psychiatry and the Brazilian Law in a case of suspicious recurrent child abuse. AIM. To demonstrate the importance of protecting children from maltreatment by reporting the case of a suspicious recurrent child abuse. Case-report: A 7-year-old child and her mother were evaluated by two psychiatrists, as requested by the Public Attorney Office of the State of Rio de Janeiro. Denouncements of possible recurrent negligent treatment by the parents had been referred to the Public Attorney Office since the child was one year old. Other family members were also interviewed, to better understand the family dynamics. RESULTS. The mother had no symptoms of mental disorder. The child had symptoms of possible child abuse, such as physical and school failure, emotional and social withdrawal. Clinicians must pay attention to emotional signs and symptoms that can be indicators of child abuse, which must be reported to law enforcement. We also highlight the importance of evaluating and giving support to the whole family.

1753 – Capacity to exercise civil rights: serial cases study 5 case reports

Introduction In Brazil there is a great demand for evaluation of the capacity to exercise civil rights of mentally ill patients, aiming their judicial interdiction as a protective measure. In Rio de Janeiro, the Public Attorney Office counts with a seven psychiatrists team, that among other functions, will evaluate the civil capacity of individuals, giving the district attorneys a technical psychiatric background to decide whether, or not, to demand a judicial interdiction. Objective Analyze five case reports in which district attorneys have demanded a civil capacity evaluation. Method This is a serial cases study of five patients, where each individual was assessed. The final psychiatric diagnosis was obtained with a psychiatric evaluation of the patients, the examination of their records or relatives interview. Discussion The five patients, each with a different diagnosis, were assessed individually. The civil incapacity is not an absolute state, but a relative situation, and the reasons and circumstances are important elements in forensic evaluation. Conclusions Interdiction is not always the best, or even the most convenient solution to social, economic and legal problems occasioned by the absence or loss of insight or self-determination caused by disability or mental illness. It is vital to characterize the absence or loss of sense of judgment, self-determination or volition, and it is necessary to determine that such damage would be significant to the specific conditions of the familiar and socio-economic profile of each citizen.

1203 – Cognition and civil capacity in diogenes syndrome: analysis of psychiatric reports from the public attorney district of rio de janeiro

Introduction Diogenes Syndrome (DS) refers to a collection of features found mainly in older persons which includes social isolation, self-neglect, poor insight, domestic squalor and hoarding behavior. Underlying psychiatric disorders might be identified in most of those elders. Issues of law have been embedded in DS cases, since individuals commonly expose themselves and their neighborhood to preventable health risks, due to extreme self-neglect and poor sanitation. Objective This cross-section aims to assess health-care, cognitive and civil capacity status of patients with DS, based on data from forensic-medical reports. Methods Psychiatric-forensic reports concerning to elders living alone, recorded between January 2009 to December 2010 in the archives of the Public Attorney District of the State of Rio de Janeiro, Brazil, were analyzed. Results Reports from 40 living alone elders (mean age=79.63 ± 7.84 years; mean schooling= 5.68 ± 5.43 years; 75% female) were eligible for the study. 20 individuals (50%) fulfilled diagnostic criteria for DS. DS individuals presented significantly lower mean scores in MMSE than non-DS persons (p= 0.019). More individuals with dementia were found among DS group. Fewer recent medical consultations (p= 0.038) and higher rates of civil incapacity (p= 0.001) were identified in DS elders. Negative moderate correlation was found between MMSE scores and diagnostic of DS (rho=-0.403; p= 0.016). Medical support (phi= 0.388; p= 0.016) and civil incapacity (phi= 0.554; p Conclusion DS might be related to poor cognitive status, health care neglect and impaired discernment, which may be of interest to both health and law practitioners.

Axle fracture of an ICE3 high speed train

In July 2008 an ICE3 high speed train rated for 330km/h service speed derailed during departure from Cologne, Central Station, Germany, due to fatigue failure of one of the driving axles. The train was emergency stopped immediately and, due to low travel speed at this point, no serious injuries occurred to passengers. Referring to public interest, the public attorney’s office solicited the German Federal Institute for Materials Research and Testing (BAM) for the analysis of the root cause.No deviations from specification were found in the geometries of the basic parts of the bogie or the wheelset assembly. Inspection of the axle fragments using standard acoustic non-destructive testing (NDT) techniques revealed no additional cracks and no indications of oversized discontinuities. Metallographic and chemical inspection of the axle material and its microstructure revealed all parameters to be acceptable except for an elevated impurity level.The fracture surfaces of the axle fragments were heavily damaged due to some continued travel after final breakage on the high speed line before Cologne Central Station. Extensive visual inspection of the remaining beachmarks was carried out to find the origin of the fatigue crack. The region of the crack origin was located near the axle surface but could not be analysed in detail due to secondary damage. Fatigue was identified as the mechanism of crack growth until final fracture, but the reasons for crack initiation initially remained unclear.Neither standard NDT techniques nor metallography according to the relevant axle specifications were able to identify inclusions in the material that could have served as crack initiation sites. However, discontinuities were detected near the crack origin in micro computer tomography and ultrasonic immersion testing. Subsequent metallographic sample preparation was targeted to specific areas based on the location coordinates of the flaws identified by these NDT techniques. These revealed non-metallic inclusions that were much larger than admissible for the relevant specifications. It is likely that the fatigue crack in the highly loaded axle volume initiated at those non-metallic inclusions.