Question Of Guilt Research Articles

On Procedural Safeguards of the Rights of the Accused and Suspect in Termination of Criminal Prosecution on Non-Rehabilitating Grounds

The institute of termination of criminal cases (criminal prosecution) on non-rehabilitating grounds has long raised questions in the theory of criminal procedure regarding its legitimacy. Many authors see a significant logical contradiction between this institute and the principle of presumption of innocence, which is essential for protecting human rights. However, this issue cannot be resolved by declaring the question of guilt in cases terminated on these grounds as “open”, or by simply replacing the term “finding of guilt” with the term “ascertaining of guilt”. It is proposed to address this issue within the framework of legal interpretation of the concept and essence of presumptions, including the presumption of innocence. By providing that the accused is considered innocent until proven guilty in accordance with the law and established by a court verdict that has entered into legal force, the presumption of innocence applies only to a specific situation where the criminal process ends with a guilty verdict. However, it operates more broadly outside of this situation – as a mechanism for distributing the burden of proof between the parties in the process, which is used only until it is no longer necessary, that is, when the process of proving guilt is not completed by any final decision in the criminal case (not just a guilty verdict), and only until that moment can it be stated that the accused is considered innocent. Among such decisions are procedural decisions to terminate a criminal case (prosecution) on non-rehabilitating grounds, in which the investigator, taking into account the above, ascertain the person’s guilt in committing a crime and informs them of this.

Ecologies of violence: Cultural memory (studies) and the genocide–ecocide nexus

Ecocide and large-scale ecological degradation raise critical questions regarding guilt, justice, and responsibility. The complexity and scale of ecological violence present a singular challenge for memory studies, especially when it comes to understanding how we are implicated in this violence. Often, the way ecological violence is framed as violence relies on repertoires, forms and conventions for representing and commemorating genocides and other acts of large-scale violence against humans. Moreover, cultural forms are able to reveal the historical, structural and discursive links between crimes against humanity and crimes against nature. To explore the implications of these ‘ecologies of violence’ for memory studies, this essay brings together two major strands in the field that have so far not intersected in a substantial way: the turn towards the figure of the perpetrator and to questions of guilt, complicity/implication on the one hand, and on the other, the turn towards the environment and the non-human. The increased interest in the question of perpetration and complicity has gone hand in hand with a critical interrogation of the perpetrator–victim–bystander triad and a shift towards more relational and dynamic conceptions of violence. The environmental turn in memory studies is beginning to rethink memory in terms of more-than-human temporalities or scales, as well as developing new conceptualizations of trauma and victimhood. The aim of this essay is twofold: first, it will briefly sketch each of these developments, bringing out possible points of convergence and divergence. Second, it will explore the potential for memory studies in bringing these two strands together, taking the re-emergence of tribunal theatre as a key example of the cultural imaginary of the genocide–ecocide nexus.

Analysis of a poetry slam text from an interdisciplinary perspective

The article presents the poetry slam genre and its role in the development of modern literature. The poetry slam contribution consists of two parts and lasts a total of around 6 minutes. In the small introduction, the following main text is framed according to the situation. Using the multimodal, rhetorical-linguistic analysis, it was found that many components contribute to the success of the slam text. In addition to the verbal content, this includes non- and paraverbal aspects, emotions and attitudes. The I-parallel sentences, simple syntactic structures, foreign-language phrases and repetitions express the emotions on the textual level. In addition to the first-person narrator, there are also voices from other protagonists. The audience gives their direct feedback such as laughter, applause and screams off screen. The central themes of the poetry slam contribution, prejudices and the question of guilt, are examined from different perspectives. Furthermore, the comment column is also analyzed. In addition, a methodical and didactic handling of this text is sugg

ON THE LEGALITY OF THE JUDICIAL APPEAL OF THE INITIAL CHARGE DURING THE PRELIMINARY INVESTIGATION

The expansion of the scope of judicial participation (control) at the stages of preliminary preparation of the case is one of the main directions in the development of criminal justice. It can become a complete guarantee of the equality of the parties to legal proceedings, the competitiveness and fairness of the procedure. Currently, in the Russian criminal procedure, such control is provided only for actions (inaction) and decisions of the preliminary investigation bodies and the prosecutor affecting the constitutional rights of citizens (some preventive measures and investigative actions, seizure of property, criminal prosecution of certain categories of persons, resumption of long-discontinued cases, etc.). At the same time, the court often has to assess the evidence and the factual validity of the suspicion and accusation of a person, or the very need to continue the criminal prosecution. In this regard, the question arises of how to prevent the courts from prejudging the question of guilt. The adoption of standards of proof, including prima facie (evidence reasonable at first view), may serve as a guarantee when the question of guilt is examined in a purely preliminary sense, under the condition that guilt will be definitively established, only if the evidence presented by the investigator is confirmed during the trial on the merits. Since the current law (Article 125 of the Criminal Procedure Code of the Russian Federation) declares the possibility of appealing against any decisions of the preliminary investigation bodies if they affect, among other things, constitutional rights and freedoms, the question arises as to the legality of complaints about the unjustified bringing of the so-called initial charge, since it affects such constitutional values as the dignity and inviolability of the person, the presumption of innocence, the use of only admissible evidence in the administration of justice. In practice, however, there is no appeal against the charge, which affects the quality of the preliminary investigation, the legitimate interests of the accused and the burden on the courts of first instance. In order to prevent judges from forming a biased view of guilt, it is necessary to specialize judges or, as the most radical measure, to introduce the institution of investigating judges. The purpose of this study is to justify the possibility of a judicial appeal at the stage of preliminary investigation of the initial charge. The article uses empirical methods of comparison, description, interpretation, formal-logical method as well as specific scientific methods: legal-dogmatic and interpretation of legal norms.

The Nightmare Island: Representations of St. Barthélemy in Swedish Novels

The Nightmare Island: Representations of St. Barthélemy in Swedish Novels

낭만주의 시와 교정: 코울리지와 워즈워스의 시에 나타난 감옥 개혁

This paper seeks to examine the relationship between Romantic poetry and correction by reading together Samuel Taylor Coleridge’s poem and William Wordsworth’s printed in Lyrical Ballads (1798). Both Coleridge and Wordsworth participated in prison reform which was part of the great movement to reform British society in late eighteenth and early nineteenth centuries. I argue that Coleridge and Wordsworth wrote “The Dungeon” and “The Convict” respectively in response to John Howard’s demand for prison reform. Moreover, both poets appropriate Caleb Williams’ lamentation over the horrible conditions of the dungeon that marks unjust and unhealthy treatment of the incarcerated in William Godwin’s novel Caleb Williams. Both Coleridge and Wordsworth were equally fascinated and obsessed with the themes of crime and punishment in their early poems. More precisely, Coleridge deeply elaborates upon the mysterious effects of guilt and repenting process in The Rime of the Ancient Mariner and Osorio. Wordsworth, meanwhile, endeavors to grapple with the question of guilt and the miscarriages of the legal justice in the Salisbury Plain Poems and The Borderers. While Coleridge focuses on the physical condition of the prison in “The Dungeon,” Wordsworth’s poem penetrates into the heart of the condemned in “The Convict” through the observer-speaker’s sympathy. Yet both poems emphasize the efficacy of wholesome environment that helps prisoners to repent their crimes and consequently to redeem the criminals from their guilt. In conclusion, both Coleridge and Wordsworth urge the necessity for correction of the correction system by critiquing the limits of the legal institution and prison facilities.

“An even worse prison than that”: the question of guilt in Diário da Queda (2011) by Michel Laub

Resumo Este ensaio se utiliza das contribuições Primo Levi (2004) e Karl Jaspers (2018) para discutir a questão da culpa presente no romance Diário da queda (2011) de Michel Laub. Ao abordar experiências traumáticas por meio de memórias individuais, que se relacionam com os eventos da Segunda Guerra Mundial, a narrativa expressa, entre outros aspectos, o sentimento de culpa presente em três membros da linhagem do narrador. Embora possa ser entendido quase como uma herança familiar, ao passar a limpo a própria história, bem como a de seus ascendentes, o narrador nos aponta à necessidade de enfrentar as dores do passado a fim de poder vislumbrar um futuro transformado.

Schuld en verantwoordelijkheid: de Katholieke Kerk en het Jodendom sinds 1945

Guilt and Responsibility: The Catholic Church and Judaism after 1945 The Catholic Church considers the dialogue with Judaism as more or less parallel to the dialogue of the Church with Islam. This is a striking difference with many protestant denominations. The question of guilt for the anti-Jewish invectives within Catholicism, which has partly contributed to a climate of Antisemitism or at least to indifference for the plight of the Jews during the Second World War, has puzzled the Church for a long time. The cardinals Etchegaray and Martini, as well as pope John Paul II, have broken the silence by firm declarations and appeals to free the teaching of the Church from prejudice. The issue of guilt deserves a careful treatment in order to avoid a collective guilt for the past, which would work counter-productive. The issue of the attitude of pope Pius XII during the Second World War still burdens the Catholic-Jewish relations and remains a bone of contention among historians.

New Legal Institution in the Hungarian Criminal Procedure System Enabling the Rapid Prosecution of Criminals

In Hungary, in 2017, the Act on Criminal Procedure (hereinafter: CPC) was re-created. The most significant reason necessitating codification was the fact that sometimes it took years from the commission of the crime to the prosecution of the perpetrator, a fact which had an extremely negative effect on both general and special prevention. Ensuring timeliness clearly formed the basis of enacting several legal institutions. The purpose of the proportionate prosecutorial motion is that it allows the prosecution service to present its position regarding the specific term and/or length of the criminal punishment or measure in the given case. If the accused has actually committed the crime and finds the sanction presented in the proportionate prosecutorial motion acceptable, he/she will confess the commission of the crime and waive his/her right to trial. A fundamental novelty of the CPC in the preparation of the trial is that it allows the criminal liability of the accused to be established at the preparatory hearing. The accused has the opportunity to plead guilty to the offence stated in the indictment, irrespective of the substantive gravity of the offence on which the proceedings are based. According to the provisions of the CPC, if the court has accepted the accused's statement of guilt, it will not examine the merits of the indictment and the question of guilt, and may not impose a more severe punishment or apply a more severe measure than the one proposed by the prosecution service. The new rules on the preparatory hearing have significantly reinterpreted the function of the formerly marginal preparatory hearing, which made it possible to convict the defendant rapidly, in compliance with the requirements of due process.

Book Review

Book Review

(Selbst-)Zerstörung der Schuld—Chance der Entschuld(ig)ung: Schuld und Schulden in der Lyrik von Attila József

The article examines the questions of guilt and debt in the Hungarian poetry of the late modern period, notably in the poetry of Attila József. An important characteristic of the concept of guilt in the modern era is that it unites the question of morality with that of the economy. This connection is confirmed by a current problem in the field of cultural studies: The German terms Schuld (guilt) and Schulden (debt) are viewed by recent cultural history research as significant driving forces and preconditions for cultural processes (both relate to shortages and errors which must be remedied, evened out, effaced or indeed generated or multiplied) which give rise to social and historical ties and determinations. This research attempts to formulate cultural strategies and solutions for dealing with the problem of unrestrained growth and the moralisation of debt. My article examines these issues as a problem of language (the language of poetry). Whilst Attila József ’s poetry does address the need to search for opportunities to forgive—both morally and financially—and to break the determining ties of moral and financial indebtedness, József believes this is only possible by implementing a certain manner of speech or a type of language whose forgiveness of debt and guilt alike as well as its liberating effect cannot be achieved by strategies, methods or practices.

Prevention of crime, tort and epidemy: The use of criminal procedure for preventive purposes in Poland during Covid-19

Criminal procedure is increasingly becoming an important instrument of prevention. This is a globally observed tendency, and Poland is not an exception. There are several regulations in the Polish Code of Criminal Procedure that allow the preventive use of coercive measures. In 2020, a new and controversial regulation was introduced, authorising the public prosecutor or court to prohibit the publication of content interfering with the legally protected goods of the victim. The author criticises the new preventive measure as duplicating civil law injunctions and expresses the opinion that, in criminal procedure, preventive measures should be used to prevent crime, not every illegal activity. In addition, the article describes the criminal procedure for isolating persons obliged to quarantine themselves because they have tested positive for Covid-19 or had contact with infected persons. This raises the question of the limits of the preventive function of provisional arrest and possible abuse of the criminal process using it for aims unrelated to the traditional goal of the criminal process: determining the question of guilt of the accused.

Die Forderung nach Klimaresilienz – umweltethisch betrachtet

Climate resilience is a strategy that needs to be reflected upon from an environmental ethics perspective as a cross-cutting issue in various scientific disciplines. An environmental ethical impulse is added to the explanation of the meaning of climate resilience and the identification of the disciplines that must necessarily be included in the discourse. The basic question is: can resilience be understood as a preserving or a creative process in the context of the „Great Transformation“? The impulse starts from Markus Vogt’s proposal in five conditions for resilience, here in connection with the concept of sustainability, and follows up with the question of the corresponding anthropological image of man and cultural dependencies. In theological ethics, it is important to note that climate resilience cannot be thought without an awareness of general vulnerability. This vulnerability should be assumed as the starting point for creativity. Secondly, it is important not to reinforce asymmetries in development policy issues, e. g. in the question of poverty reduction or food security. The constitution of the climate as a global common good is the third theological-ethical demand, following the encyclical Laudato Si of 2015. Finally, the fourth point is the capability for failure and the question of guilt.

Early and Cumulative Breakdown in Childhood and Adolescence, as Antecedents of Pervasive Guilt in the Self-Experience of Adults

Background: As part of the human experience, the phenomenon of guilt feelings is widely known and has over time been subjected to extensive research in the field of psychoanalysis. Objection: The present article examines the contribution of Kohut's self-psychology to the question of guilt and its impacts on the self. Method: A concept is proposed according to which early childhood experiences are recorded in the young mind as a form of guilt. Referred to as narcissistic guilt, it is an emotion that colors the individual's entire being. Two clinical case studies are presented, involving Holocaust survivors who experienced guilt for having remained alive without being able to save their family members. Result: The patients feeling of guilt is all-encompassing, leading them to regard themselves as rotten to the core. Many describe the tragedy as involving them in some way, with their being complicit, with guilt feelings haunting them unrelentingly, often in the form of nightmares. Conclusion: We propose to consider guilt as a narration to its observers of the tragic life circumstances of the patient, of the destruction that they encountered in their environments, long before they were able to process these tragic circumstances. These gave rise to pervasive guilt that colors and defines the totality of the person.

Strategies of Time Appropriation: Authentic and Inauthentic Historicity of Man

The article focuses on those paragraphs of the famous text Spiritual Situation of our Time by Karl Jaspers in which he approaches the problem of time from the perspective of philosophical anthropology. This text was published in 1931 and saw multiple editions, including the reprint in 1947, which followed the lecture The Question of Guilt. We surmise from this juxtaposition of texts in the new publication that Jaspers believed in the necessity to revisit the problem of the spiritual situation, but he also regarded his conceptualization of temporality viable in the new context and applicable to analyzing this new situation. We corroborate this hypothesis by close reading of the version of the 1947 text. As there exists a wealth of studies of Jasperss philosophy, we aim to explicate his interpretation of personal historicity and to find a reply to the question why it seems necessary to emphasize the appropriation of time. We demonstrate that the existentialist approach Jaspers offers is a universal model for living in the spiritual situation and for appropriating time. The need to appropriate time is inherent in human nature but the capacity to make sense of it and unravel the potential for authentic existence is not. Human beings are often unaware of their choice of certain time appropriation; moreover, human beings lack consistency in constructing the context of their own historicity. We elaborate in greater detail on the meaning of such concepts as spiritual situation, knowledge of the totality, philosophical life.

Rubble and Rebirth: Postwar Rejuvenation and the Erasure of History

Abstract This article weaves together different postwar moments in the first half of the twentieth century to investigate how rejuvenationist narratives of a “fresh start” helped societies across the divides of geography and ideology to recuperate from the ravages of war. Apart from initiating boys and girls into ideologically specific and gendered regimes of citizenship, the older generation crafted reverse rites of passage to absolve themselves of responsibility for violent conflicts that had resulted in unspeakable death and suffering. Youth organizations became key sites for making young bodies useful to the dual task of regenerating war-torn nations and exonerating those whose actions had contributed to war in the first place. The need for acquitting the old was particularly pressing in light of disputes about who was to blame for the loss of young lives—disputes that often carried the tonality of ageism rather than party politics. If recapturing the innocence of youth became tantamount to deflecting questions of guilt and accountability, then bonding with youth allowed powerful men (less so women) who bore the scars of struggle to engage in deliberate acts of erasure. The disremembering of age and history endowed the ruling classes with seemingly innocuous possibilities, especially the possibility to acquire a clean slate on which to forge new collective identities within the redemptive framework of youth. Just as history is distorted by memory, rejuvenation opened up new futures while giving license to forgetting troubling pasts.

Bureaucracy and Desire: Franz Kafka’s Accident Report

In as much as accidents are a malfunction, an interruption and even a source of horror, they also offer inexhaustible discursive potential. As an inevitable negative consequence of technological and industrial progress, accidents remind us of the contingent occurrence of disorder: they become an immaterial threat and yet they also fascinate, and create possibilities for narration.1 In the attempt to grasp, register and regulate them, accidents become cases for insurance and are transformed into data in statistical analysis. The question of guilt and liability is, thereby, replaced in the insurance system by the category of risk.2 As such, the bureaucratic and legal aspects of accidents became relevant aesthetic and narrative considerations for several modernist authors, including Franz Kafka and Robert Musil.3Franz Kafka, in his dual occupation as literary author and professional writer, a so-called concipist(responsible for writing legal documents or signing documents written by his superiors) towards the end of the Habsburg Monarchy, seems to be the ideal candidate to observe all these developments in insurance and accident prevention. In the following first section of this essay, an example from Kafka’s Travel Diariesgives an idea of his own poetics of accidentin the making (Wagner: 2007): Kafka’s 1911 report of a car accident provides us with key insights in the interrelation between the factual and the fictional world. In the second section, the function of reports and files in his 1926 institution-novel The Castleshows the possibilities of literary writing and narration in a milieu, where lifeand institutionintervene in each other (Campe: 2005).4 Finally, and against this background, I explore how the fundamental psychoanalytic term of desire is shaped in a pursuit for institutional and official recognition, so that a specific kind of official desire – in German Amtsbegehren – emerges (Wolf: 2018).5

Promoting ‘Positive Stories’ of Help and Rescue from the 1992-1995 War in Bosnia and Herzegovina. An Alternative to the Dichotomy of Guilt and Victimhood?

AbstractPublic discourses about wars and mass violence are often dominated by questions of guilt and victimhood as well as a focus on the figures of ‘perpetrators’ and ‘victims’. This can also be observed concerning the public remembrance of the 1992-1995 conflict in Bosnia-Herzegovina. However, attempts were made here to promote the memory of another war-related figure: that of the rescuer who helped people ‘from the other side’. The author analyses these attempts at remembrance in Bosnia-Herzegovina, and places them within the context of global efforts to publicly acknowledge rescuers, in particular the ‘Righteous Among the Nations’.

Ciężar dowodu i in dubio pro reo w prawie Unii Europejskiej

Zgodnie zart. 6 ust. 2 dyrektywy 2016/343, państwa członkowskie zapewniają, aby wszelkie wątpliwości co do winy rozstrzygano na korzyść podejrzanego lub oskarżonego, także w sytuacji, gdy sąd dokonuje oceny, czy uniewinnić daną osobę. Przeto już na etapie postępowania przygotowawczego,przynajmniej od dnia 1 kwietnia 2018 r. (termin transpozycji dyrektywy) wszelkie wątpliwości co do ustaleń faktycznych i dowodów oraz wykładnii stosowania przepisów prawa rozstrzygać należy na korzyść podejrzanego. Na gruncie dyrektywy jest to zasada absolutna, czyli odpadają wszelkie wyjątki.

Landsacpes of Thrift and Dwelling: Dwelling and Sociality in Midsomer Murders

In its long history of airing the popular crime series Midsomer Murders does not only present various murder cases but also a glimpse into the opinions on gender, sexuality, age and ethnicity. These opinions mirror the attitude of the producers as well as the anticipated expectations of the audience. The dicussion of these aspects are inseperately linked to the categories of thrift and dwelling and it seems that the ways of living in Midsomer County are always overwriting the questions of guilt, atonement and punishment. Furthermore the episodes of the series offer strategies to an aesthetic evaluation of sociality in an fictional countryside. Here murders become not only a question of morality and crime but show the depth of human nature as a hidden reality underneath the scenery of rural purity.