Public Prosecution Office Research Articles

Restorative Justice dalam Perkara Kekerasan terhadap Anak di Kejaksaan Negeri Purbalingga

Laws are fundamentally created to provide justice for the entire society. Law enforcement can be carried out through litigation and non-litigation processes. The government is currently striving for non-litigation law enforcement through Restorative Justice. This article aims to explain the process by which a prosecutor convinces the victim to pursue Restorative Justice enforcement and the importance of the presence of village officials in Restorative Justice efforts. The data is based on interview methods and document analysis, analyzed descriptively. The research results indicate that, fundamentally, prosecutors do not convince the victim to undergo Restorative Justice. Instead, prosecutors act as facilitators suggesting that there is an alternative way to resolve non-litigation cases through Restorative Justice. The urgency of the presence of village officials as community figures in the Restorative Justice process is a requirement of Restorative Justice. Currently, the government is attempting to maximize the resolution of cases through non-litigation means, which is highly relevant in cases related to violence against children, especially in the efforts to implement Restorative Justice in cases of violence against children in the Public Prosecutor's Office of Purbalingga under the name Suspect Saeful Trianto alias Amir Bin Hadigun. The application of Restorative Justice requires the participation and awareness of the parties involved to be implemented to the fullest extent.Keyword: Justice, Law, Non-litigation law enforcement, Restorative Justice, Violence against children

The Effect of Giving Soy Milk on the Sleep Quality of Premenopause Women in Judiciary Badiklat Environment in 2023

The premenopausal phase is a phase marked by changes from the fertile period to the absence of conception, which is the phase before women who experience premenopausal syndrome will experience several symptoms, including hot flush, irregular menstruation, heart palpitations, discomfort when urinating, and sleep disturbances. To determine the effect of giving soy milk on the sleep quality of premenopausal women in the Public Prosecutor's Office in 2023. Quasi-experimental research (quasy experimental) with pre-experimental design type one group pretest-posttest. The sampling technique was taken using the method purposive sampling with a total sample of 23 premenopausal women. The data analysis used in this research is univariate and bivariate analysis using the T-test. Based on univariate analysis, it was found that the average sleep quality score of premenopausal women before consuming soy milk was 8.70, while the average sleep quality score of premenopausal women after consuming soy milk was 3.91.

Participation of the prosecutor in the proceedings outside the limits of the public prosecution

The article examines the topical issues of the prosecutor's representative function in judicial proceedings in the conditions of law enforcement reform and martial law. Special attention is paid to consideration of issues regarding the limits of the prosecutor's representation of the state's interests in court proceedings. The views of scientists on the place and role of the prosecutor in the judiciary are analyzed, and the author's definition of the concept of the prosecutor's representative function in court is presented. The dual legal nature of the participation of the prosecutor in the judicial proceedings is shown, who, on the one hand, is a participant in the case, and on the other hand, retains the elements of supervision over the legality of procedural actions of other participants and court decisions. The legal status of the prosecutor in the process of representing the interests of the state in court and in other cases of his participation in the consideration of administrative, economic and civil cases by the courts was studied. The expediency of limiting the representation of the interests of the state in court by the prosecutor to the sphere of defense, budgetary relations and corruption and narrowing the scope of the prosecutor's powers in court, in particular due to the right to enter into the consideration of the case at the request of other persons at any stage of the court proceedings and to initiate the review of court decisions independently from his participation in the proceedings. A comparative analysis of the norms of laws and the branch order of the Public Prosecutor's Office regarding the participation of the prosecutor in certain types of judicial proceedings was carried out in order to check their compliance with the provisions of the Constitution of Ukraine, and attention was drawn to existing discrepancies and the need for their correction. It is proved that the content of the concept of participation of the prosecutor in judicial proceedings is broader than the concept of representation by the prosecutor in court. It was established that with the addition of the Law of Ukraine «On the Commissioner of the Verkhovna Rada of Ukraine for Human Rights» and the introduction of relevant changes to the procedural codes of Ukraine, the Commissioner of the Verkhovna Rada of Ukraine for Human Rights completely took over the function of the prosecutor's office in representing the interests of citizens in court, having received the appropriate powers, in including those that belonged exclusively to prosecutors. Legislative proposals on further reform of the prosecutor's participation in the judicial process were provided, in particular, it was proposed to limit the representation of the state's interests by the prosecutor to the spheres of defense, the budget and anti-corruption during martial law, and in the future, if there are appropriate social, political and legal conditions, to completely abandon the representative function of the prosecutor in court. In the post-war period, it was proposed to amend Clause 2 of Part 1 of Article 131-1 of the Constitution of Ukraine, where instead of representing the interests of the state in court, it should be written «other participation of the prosecutor in the proceedings in the cases and procedure specified by law». Key words: prosecutor, representation in court, interests of the state, interests of the citizen, legal status of the prosecutor, judiciary, function of the prosecutor's office, human rights commissioner.

ECONOMIC EXPANSION AND ECOLOGICAL PRESERVATION: THE TABULEIRO MUNICIPAL PARK DEBATE IN MATINHOS, BRAZIL

This study aims to highlight the Havan department store's attempt to establish one of its branches within the Parque Municipal do Tabuleiro, located in the city of Matinhos, Paraná, Brazil. This area represents a critical hotspot of the Atlantic forest amidst an urban landscape, harboring species on the brink of extinction, including the caixeta tree. This endeavor sparked controversy not only due to the proposal itself but also because of the actions taken by the local executive and legislative authorities. They orchestrated extraordinary sessions, disregarding legal deadlines, to alter the city master plan. Their objective was to reclassify the area, shifting its status from an environmental conservation unit to a zone open for commercial exploitation. This maneuver garnered widespread attention from the media and the Public Prosecutor's Office, leading to the latter's recommendation to halt the process, warning of potential administrative misconduct by the executive branch.

A participação da sociedade em processos de tomada de decisão de caráter ambiental: os casos do Ministério Público Estadual e do Conselho Municipal do Meio Ambiente no município de São Carlos – SP

A emergência das questões ambientais tem sido acompanhada por debates em nível mundial a respeito do paradigma da sustentabilidade como uma forma de equacionar os conflitos oriundos da relação entre o desenvolvimento humano e o meio ambiente, sendo consensuado que a participação da sociedade em processos de tomada de decisão constitui um dos aspectos fundamentais para a transição para um modelo sustentável de desenvolvimento. No Brasil a Constituição Federal e a Política Nacional de Meio Ambiente oferecem lugar destacado à participação da sociedade nas estratégias de proteção ao meio ambiente, sendo reservado ao Ministério Público (MP) e aos Conselhos de Meio Ambiente funções específicas para esta finalidade, além de assegurar espaços para a representação direta da sociedade civil. Adotando-se a perspectiva de que a efetividade da participação social está diretamente relacionada à distribuição do poder decisório, procurou-se analisar em que medida a participação social é promovida no âmbito de tais órgãos (empregando-se as categorias não existente, fraca, e efetiva) e identificar os respectivos fatores intervenientes. O trabalho adota uma abordagem mista de pesquisa, valendo-se da análise da documentação levantada para 276 processos de tomada de decisão ocorridos ao longo de uma década no município de São Carlos (SP), complementada por registros realizados durante reuniões e audiências, e uso de ferramental computacional para a interpretação dos dados. Os resultados indicam distintos níveis de participação, não sendo possível estabelecer um padrão entre as categorias empregadas para a classificação dos processos, o que permite reafirmar a influência do contexto como elemento de grande importância para a efetividade da participação da sociedade em processos de tomada de decisão de caráter ambiental. Ainda assim, as evidências permitem concluir pela importância de ambos - MP e conselhos - como elementos essenciais para que a sociedade possa ser informada e influenciar decisivamente nas decisões tomadas.

Medical Professional Liability in Obstetrics and Gynecology: A Pilot Study of Criminal Proceedings in the Public Prosecutor's Office at the Court of Rome.

Criminal trials and claims against physicians for malpractice-related damages have increased dramatically in recent years, and, with Obstetrics and Gynecology being one of the medical specialties that is at the highest risk, we carried out a retrospective analysis aimed at examining all Obstetrics- and Gynecology-related medical professional liability prosecutions within the General Register of Criminal Records of the Rome Public Prosecutor's Office between the years 2000 and 2014. The number of prosecutions increased steadily in the years 2000-2005, with varying trends in the following years. A total of 727 healthcare professionals were involved in criminal charges, and most prosecuted crimes were related to Articles 590 and 589 of the Italian Penal Code, followed by violations of Article 17 of Law 194/78. In most cases, filing was requested and granted without opposition. In 95 cases, an expert witness was appointed by the Court, and in 68 cases, the technical consultants of the State Prosecutor found culpable conduct. Public hospitals, private nursing homes and outpatient clinics, or private practices were mostly involved; in 45% of the cases, the physicians were hospital employees. In this setting, Italy is prepared to introduce new measures and regulations to address the issues posed by defensive medicine and charges of professional liability for healthcare providers.

Prosecutor's Intelligence Functions in Preventing Corruption: Strategic Development Security Technical Guideline Perspective

Corruption crimes are cracked down not only by repressive efforts but also by preventive efforts. The Indonesian Public Prosecutor's Office has several stages of preventive efforts to carry out its intelligence functions. Indonesia's Attorney General's Office has introduced a new program called Security for Strategic Development - Regional Investment in implementing intelligence functions. The issue is what the legal status of the Technical Guidelines on Security for Strategic Development and Regional Investments of the Indonesian Public Prosecutor's Office in Anti-Corruption will be in terms of legal certainty. This study is a prescriptive legal study, descriptive analysis. A legal approach is used as the data is subject to various laws and regulations. Data collection through library and field research surveys accompanied by documentary study and interviews. Based on the qualitative analysis, the results show that the Strategic Development of the Indonesian Public Prosecutor's Office for Prevention of Corruption Crimes and Technical Guidelines for Security of Local Investments regulation was made by Law No.16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia, Law No.17 of 2011 concerning State Intelligence, as well as the Regulation of the Attorney General No.PER-006/A/JA/07/2017 concerning the Organization and Work Procedure of the Indonesian Prosecutor's Office does not include the authority to prevent corruption based on the 2004 Attorney General's Law. B-484/D/Dpp/03/2020, dated March 12, 2020, by adapting it to Law No.11 of 2021 concerning the Indonesian Attorney General's Office, to provide legal certainty to prevent corruption.

RAZVOJ JAVNOG TUŽILAŠTVA U ZEMLJAMA ZAPADNE EVROPE / THE DEVELOPMENT OF PUBLIC PROSECUTION IN WESTERN EUROPEAN COUNTRIES

Achieving justice and protection of violated rights and interests had long been part of private sphere of injured individuals. As a means of compensation, blood revenge was available to them which often lead to the destruction of entire groups and families. Therefore, in Europe during the XII and XIII century, along with the establishment of the first states, work was done on the establishment of the public prosecutor's office as an instrument of state intervention in the criminal sphere and also restriction of the monopoly of coercion. In most European countries, the public prosecutor initially had the authority to represent state interests in court proceedings of public interest, so that over time the scope of work expanded to prosecution of perpetrators. This paper, based on comparative and textual method, will discuss the development of public prosecution in Europe within following Western European legal systems: Common Law, Romanian, German and Scandinavian from Middle Ages until modern era.

Protect the experts' work.

During the most worrying months of the Covid-19 pandemic, Italy's Regions and Autonomous Provinces were classified into four areas distinguished by different colours - red, orange, yellow and white - corresponding to three risk scenarios, thus leading to restrictive measures of varying degrees. The Public Prosecutor's Office of the Court of Bergamo - one of the cities hardest hit by the health emergency - has closed an initial investigation claiming that the failure to establish the red zone caused the epidemic to spread to a valley in Lombardy with a significant increase in avoidable mortality if the restrictive measures had been put in place in time. The accusation is an opportunity to consider the role of experts and the risks of error in the decision-making process. The choices made during the pandemic were often made under conditions of uncertainty: health policies need experts to take responsibility for making complex, risky decisions; but complex, risky decisions are also those for which it is more likely, in retrospect, to turn out that on some aspect a mistake was made, or the best choice was not made. By pushing technicians away from risky assessments, only the unskilled will be left to make those assessments.

Alignment of the national criminal legislation to the standards of the European Union through the prism of the association agreement

As a country aspiring to join the European Union, Moldova has been working towards the harmonization of its criminal justice standards and laws with those of the EU. This involves aligning its legal framework with the EU acquis communautaire, which is the body of EU law that all member states must comply with. One of the main objectives of this harmonization process is to improve the efficiency and effectiveness of the Moldovan criminal justice system, as well as to enhance its capacity to fight against cross-border crime and other forms of transnational organized crime. To achieve this, Moldova has implemented a number of reforms aimed at improving its criminal justice institutions and processes, including the adoption of new laws and regulations that are in line with EU standards and practices. In addition, Moldova has also established closer cooperation with other EU countries, both through bilateral agreements and through its participation in EU-wide initiatives such as Eurojust and the European Public Prosecutor's Office. This cooperation allows for the exchange of information and best practices between Moldova and the EU, as well as for the coordination of efforts to combat cross-border crime and other forms of transnational organized crime. Overall, the harmonization of criminal justice standards and law in Moldova is an ongoing process that will require continued effort and cooperation between Moldova and the EU.

The protection of the EU financial interests between administrative and criminal tools: OLAF and EPPO

The article argues that both administrative and criminal tools are necessary for the protection of EU financial interests and that the mechanisms of cooperation between OLAF and the EPPO are suitable to foster a functioning collaboration. However, criticisms still emerge, both on the functioning of OLAF, and as regards operational activities of the EPPO and its cooperation with national prosecutors. Guarantees for private parties involved in administrative and criminal investigations cannot be ignored, and several shortcomings in the system of judicial protection need to be addressed. Effectiveness of the system and protection of guarantees should not be considered separate, especially in the context of the challenges that Next Generation EU (NGEU) raises for the protection of EU financial interests. Guarantees such as legal certainty and independence of the judiciary, are basic tenets of the rule of law, which, as set out in the Conditionality Regulation and further clarified by the ECJ, is in itself a condition for effectively protecting EU financial interests. European Anti-Fraud Office, OLAF, European Public Prosecutor Office, EPPO, protection of EU financial interests, institutional cooperation, EU criminal law, legal certainty, judicial protection

Saradnja u suzbijanju privrednog i finansijskog kriminala u Evropskoj uniji

The idea of the European Public Prosecutor's Office as a supranational body has been part of the academic and political discussion on the development of the common area of criminal justice of the European Union since the 1990s. The European Commission presented a proposal for the establishment of such a body in 2013, which was followed by negotiations between the member states and the EU institutions, in order to find a balance between the preservation of the sovereignty of the member states in the domain of criminal law and the effective protection of supranational value, i.e. the protection of the financial interests of the Union. The European Public Prosecutor's Office was established in 2017, and represents a form of enhanced cooperation between member states that have decided to participate in the work of the European Public Prosecutor's Office. After the organizational, normative, personnel and technical prerequisites have been met, the European Public Prosecutor's Office started its work on June 1, 2021. In this paper, the authors analyze the process of fulfilling the previous conditions, the beginning of work and the activities of the European Public Prosecutor's Office so far.

Promene ustavnopravnog položaja javnog tužilaštva ustavnom revizijom iz 2022. godine

The paper critically analyzes the provisions of the amendments of the Constitution adopted in 2022, regarding the change of the position of the public prosecutor's office. The third initiative for the partial change of the Constitution was fruitful. The provisions which regulate the constitutional position of judiciary and prosecutor's office were changed, with the initial aim to create the independence guarantees of the judiciary, as well as the autonomy of the prosecutor's office. Certain steps that would go in the direction of achieving the given aim, can be recognized in the norms of the amendments. Those amendments have been also confirmed by the Venice Commission, which are considered as the key factor. However, the first impression created by the amendment provisions is that they are the result of a compromise and therefore partly inconsistent, between: the initiator of constitutional amendments (Government), representatives of the court's and the prosecutor's associations, other members of the working group, and, lastly, international community. Within that impression, the new position of the public prosecutor's office primarily indicates that the prosecutor's office rose to the rank which the judicial branch of power enjoys, by copying the provisions of the judiciary, with only a few differences.

Krivičnopravna zaštita izbornog prava u Srbiji

Serbian law stipulates several types or levels of legal protection of electoral rights. Having raised it to the level of constitutional right, a high level of legal protection has been reached, and it is complementary to the importance of constitutional rights. The first and basic type of legal protection involves remedies during the election procedure, a legal procedure sui generis, to which the rules of administrative procedure are applied accordingly, i.e. subsidiarily. The second level of protection is judicial protection before administrative courts based on appeals by authorized entities participating in the election. The third type of legal protection is the penal protection which takes place in two ways - through criminal law and misdemeanour law protection of electoral rights. Commercial criminal protection of the election rights is not possible. The fourth and last level of protection is the constitutional judicial protection of electoral rights, which is stipulated by the Constitution and only in cases where no other type of legal protection is provided - as an ultima ratio. Crimes against electoral rights are stipulated in the basic criminal legislation, as they occupy the entire chapter in the Criminal Code and there are nine of them. Misdemeanours are stipulated in secondary criminal legislation - the Law on the Election of the Members of Parliament, where there are six of them. Based on the analysis of statistical data, the conclusion is that the criminal protection of electoral rights is not intensive, that it is sporadic and selective, which is reflected in the purpose - general and special prevention. Crimes against suffrage are prosecuted ex officio, so the procedural hibernation of the public prosecutor's office results in the impunity of the perpetrators and the contamination of social life. What would represent de lege ferenda is that, as part of possible changes to the law, a provision should be made that the Public Prosecutor's Office should act with specific urgency in cases to do with elections, because after the end of the elections, the effects of general and special prevention radically decrease.

Pritvor u krivičnom procesnom zakonodavstvu Srbije i iskustva tužilaštva za organizovani kriminal - (ne)usklađenost sa evropskim standardima?

Freedom as one of the key values in a democratic society is limited by the contemporary needs of protecting the individual from arbitrariness and illegality, regardless of the sphere of social life in which the individual exists. This freedom, in our case freedom of movement, is determined by legal boundaries, both from the aspect of the national framework and international standards. Namely, present-day states set the realization of human rights as one of the main goals, but also the possibility of restrictions due to necessity in a democratic society and with a restrictive approach to the basis of legal restrictions, in this case restrictions on the right to freedom and security of person. In accordance with that, the paper critically analyses the adequacy of positive legal norms that regulate detention in Serbia and research was conducted in the Prosecutor's Office for Organized Crime. In the conducted research, for the purpose of collecting primary data, a specially designed instrument was used - a survey questionnaire consisting of 7 questions. The aim of the research is to consider the adequacy of the legal norm and the efficiency of its application when it comes to the measure of detention, but also to identify problems in practice when determining the said measure. The results of the research indicate that the reform of the measure of detention is necessary, not only from the aspect of the national framework, but also the degree of harmonization with contemporary comparative criminal procedure legislation and European standards of deprivation of liberty.

Who watches the watchers Accessibility of the public prosecutor's office websites in Brazil and implications for e-government accessibility surveillance policies

Who watches the watchers Accessibility of the public prosecutor's office websites in Brazil and implications for e-government accessibility surveillance policies

Institut unaprijeđene saradnje u pravu Evropske unije - očekivanja i postignuti rezultati

The Institute of Enhanced Cooperation (EnC) was introduced by the Treaty of Amsterdam (1997) but it was made more flexible and operational by the Treaty of Lisbon (2007). Its main objective was to overcome the blockages in the law-making process, as well as to strengthen the cooperation among EU member states and deepen the integration process in specific areas. In this paper, the authors examine the institute of enhanced cooperation as a form of flexible and differentiated integration. The authors first present a brief historical overview of the legal regulation of this institute in the provisions of the founding treaties of the EU. Then, they provide an overview of the sources of law adopted within the framework of enhanced cooperation in certain areas of Private International Law, and particularly for the purpose of establishing the European Public Prosecutor's Office. Based on the analysis of a number of legal acts adopted within this institute, the authors draw a conclusion that the institute of enhanced cooperation has only partially justified its contractually defined role. Viewed from the perspective of the legal order of the European Union as a whole, this institute requires special attention due to the particularities of its application, which ultimately entails different solutions in the EU member states on certain issues of particular importance for legal and natural persons in the Union. There is no doubt that this institute provides many opportunities to the EU member states in terms of realizing or deepening their cooperation in certain issues, particularly if it is perceived as a stage on the way to establishing general, common rules for all member states. However, its application may challenge the unity and the integral structure of the EU legal order. It may also be inconsistent with some of the basic EU legal principles which have been continuously strengthened and expanded by the Court of Justice of the EU. Above all, it refers to the principle of unity of the legal order, the principle of prohibition of discrimination on the basis of citizenship, and the principle of legal certainty.

Law of Evidence in Cross-Border EPPO Proceedings

Twenty-five years after the idea of establishing a European Public Prosecutor's Office (EPPO) was mooted, the office became operational in June 2021. It was intended to provide for a paradigm shift in the prosecution of serious fraud against the EU budget. Although it is a supranational law enforcement agency, it basically investigates under the respective national legal systems in which it has to take measures. This means that EPPO is naturally confronted with all the (well-known) challenges associated with cross-border investigative work. How does it meet these challenges? Does the Regulation, which is the legal basis for EPPO's activities, offer better solutions than those found under existing instruments of intergovernmental cooperation?

Effective Judicial Protection and the Regulation Implementing Enhanced Cooperation on the Establishment of the European Public Prosecutor's Office

Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office contains several ambiguous provisions which spark the interest of European Union law scholars. One of them is the Recital 30 of said regulation, according to which where the national law of a Member State provides for the internal review of certain acts within the structure of the national prosecutor’s office, Member States should not be obliged to provide for review by national courts. The article therefore examines the notion of effective judicial protection within the European Union, its expression in the EPPO Regulation, some of the pressing issues relating (although not only) to the wording of the Recital 30 of the Preamble of the EPPO Regulation with regard to the principle of effective judicial protection and contemplates on possible reaction from the Court of Justice of the European Union.

EFFECT WORKLOAD ON WORK STRESS TO DISTRICT ATTORNEY EMPLOYEE IN SAMARINDA

A workload is a number of activities carried out or the time given to complete work that is perceived by individuals as excess work activities, working hours, work pressure, and individual satisfaction levels. The many demands of work in the work environment make work stress appear. This study aims to see the effect between workload and work stress on employees of the Samarinda City Public Prosecutor's Office. The number of research samples in this study was 46 respondents. In data collection, the workload scale used consisted of 12 items with a Cronbach alpha of 0.850 and the work stress scale consisted of 13 items with a Cronbach alpha of 0.835. The results of this study indicate that workload has a significant and positive effect on work stress on employees of the Samarinda City Public Prosecutor's Office with a correlation coefficient of workload on work stress of 0.507 with p = 0.000 (p <0.05).