Representation In Proceedings Research Articles

Regarding the issue of the representation of denunciators in criminal proceedings

Purpose: The purpose of this work is to analyze the current legislation regarding the issue of the representation of denunciators in criminal proceedings and to determine the extent of alignment between the legal positions of different normative acts on this matter. Methodology: The methodology involves a comprehensive analysis and synthesis of existing scientific and theoretical material and the formulation of corresponding conclusions and recommendations. The research employed the following methods of scientific cognition: terminological, logical-semantic, functional, systemic-structural, and logical-normative. Results: During the research, it was determined that the denunciator emerged in the national legal field due to changes in anti-corruption legislation. Among other changes, the denunciator was granted the right to representation in proceedings, which can be realized by using all forms of legal aid provided by the Law of Ukraine "On Free Legal Aid", engaging a lawyer independently, and appealing to the National Agency on Corruption Prevention. However, certain provisions of anti-corruption legislation, particularly in the Law of Ukraine "On Prevention of Corruption" regarding the representation of denunciators for the protection of their interests, and certain provisions of the Criminal Procedure Code of Ukraine and other legislative acts regarding the representation of denunciators in criminal proceedings, require coordination and synchronization. Scientific novelty: In the course of the research, it was established that despite the corresponding provisions of the Law of Ukraine "On Prevention of Corruption", the Criminal Procedure Code of Ukraine does not provide any guidance on the representation of the denunciator's interests in criminal proceedings, and does not involve a mechanism for the denunciator to utilize free legal aid. The Law of Ukraine "On Free Legal Aid" does not include the denunciator among the entities entitled to free secondary legal assistance. Also, it was determined that the Criminal Procedure Code of Ukraine does not regulate the mandatory presence of representatives of the National Agency on Corruption Prevention at court sessions. It was also found that there is no regulation on the right of the National Agency Corruption Prevention to initiate the review of court decisions in judicial proceedings and the procedure for confirming the representation of the denunciator in criminal proceedings. Practical significance: The research results can be used in law-making and law enforcement activities during a pre-trial investigation of corruption offenses and offenses related to corruption.

Trauma-Informed Lawyering in The Asylum Process: Engagement and Practice in Immigration Law

Objectives: Individuals who have experienced trauma engage more effectively when approached by professionals using a trauma-informed perspective. While trauma-informed (TI) practice has been recognized in legal settings, including immigration law, the nascent concepts are not applied widely or uniformly, and information and training about TI best practices remains minimal. The objectives of this review include the 1) identification of core TI concepts described in the existing legal literature; (2) identification of core TI concepts noted in the literature that are being practiced in legal systems; and 3) presentation of implications and recommendations. Method: A systematic review was conducted across electronic law databases for TI legal practices in immigration and asylum-seeking settings, 389 articles were identified and screened for eligibility resulting in 21 articles being included. Abstracting data from each article, a coding framework was developed that formed into the following five domains: presence of trauma in legal systems; TI lawyering defined; benefits of TI lawyering; TI lawyering skills and techniques, and TI lawyering pedagogy. Results: Despite limited literature, research findings provide 1) justification for the importance and benefits of TI lawyering, and 2) recommendations for the implementation of TI lawyering through all stages of an immigration/asylum lawyer's training and practice. Conclusions: Drawing from the literature, this study highlights the importance of TI legal practice to support increased trust and safety, better attorney-client relationships, client empowerment, and improved representation in proceedings. A definition of TI lawyering emerged, and a series of specific pedagogical and practice recommendations are posited.

Not Like the Others? The Position of Associated States and Dependent Territories in Fishing Disputes

Abstract Fisheries are of vital concern to associated states and dependent territories located in diverse regions ranging from the Pacific to the Atlantic. The special characteristics of these actors have led to innovative international law-making, including the terms that have been agreed within regional fisheries management organizations and arrangements to facilitate representation of non-metropolitan territories’ interests. The question may be raised whether similar innovations can be found in the field of international dispute resolution. The aim of this brief article is to consider some linkages between associated states and dependent territories on the one hand and international dispute settlement concerning fishing on the other. Four such connections will be examined in turn: access to court, representation in proceedings, applicable law in proceedings, and the territorial exclusion of disputes.

LA PERSONA JURÍDICA COMO NUEVO SUJETO PASIVO DEL PROCESO PENAL EN LOS ORDENAMIENTOS CHILENO Y ESPAÑOL

Both Chile and Spain have recently introduced a system of criminal liability of juridical persons that poses a number of problems, at substantive and procedural levels. The present work deals, from a comparative perspective, with some of the problematic issues that arise when a juridical person occupies the place of defendant in the context of criminal proceedings. In particular we study the condition which involves the juridical person in the criminal process, which due process rights are attributed to it and, more particularly, to what extent it has the right to not testify as instrumental of the, more generic, right of defence. Then, it attempts to determine which is the ideal moment to formalize the imputation against the juridical person in order to try to not to unduly delay the birth of its right of defence. Finally, an attempt will be made to describe the subject of the juridical person's representation in proceedings that, due to its lack of corporeality, needs to act in the framework of the trial through a specific person to declare on its behalf and to exercise the rest of the defensive powers that correspond to every defendant.