State Prosecutors Research Articles

Уголовно-правовые и криминологические аспекты детоубийства в английской системе права

The paper considers the criminal-legal and criminological aspects of killing by a mother of her newborn child (neonaticide crimes). The urgency of the research is caused by the application of the experience of foreign schools in the domestic legal science. The scientific thought of the Anglo-Saxon legal school has achieved considerable results in the sphere of preventing such social phenomenon as neonaticide; however, in the domestic scientific literature, these achievements did not find proper representation. The paper covers the study of neonaticide in the Anglo-Saxon scientific literature. The authors summarize the results of the studies covering the issues of classification and prevention of neonaticide in Anglo-Saxon law. Based on the provisions of Anglo-Saxon law, the authors review the terminology of this phenomenon. The paper analyzes the issues of state prosecution in the cases of neonaticide. The authors note the multiplicity of interpretations of the elements of this crime; identify the contradictions in American and English judicial practice. The study shows that the Anglo-Saxon legal system pays attention to the psychological state of a parturient woman and other elements of the subjective aspect of a crime. Minimizing the severity of criminal punishment for the neonaticide crimes taking into account the psychological state of a parturient woman contributes to strengthening the criminal protection of the life of newborns. The definition of the situation of the commission of a crime, the sequence of actions of a guilty person when preparing and executing the infanticide is valuable for the domestic science. In the structure of the way of committing a crime, the authors specify the actions of causing fatal injuries to a newborn, show the differences of this crime from the abandonment of a child in a helpless condition. Other actions specific to a neonaticide crime are specified. The authors conclude that for the domestic criminology, measures used in the countries of the Anglo-Saxon law system are applicable. Preventive measures include wide social assistance to women of reproductive age. To the opinion of scientists dealing with Anglo-Saxon law, compulsory education of young women on the issues of sexual health is an effective prophylaxis direction. Such prophylaxis direction is also applicable in the domestic practice.

ELECTRONIC DATABASES AS A SOURCE OF OBTAINING DATA FOR THE CIRCUMSTANCES TO BE PROVEN IN A CRIMINAL CASE

The article provides an analysis of the sources of obtaining evidentiary and other information necessaryfor the investigation body, the prosecutor (state prosecutor) and the court to implement the provisions on theconfiscation of property under Art. 104.1 of the Criminal Code of the Russian Federation. With examples fromthe judicial practice of the federal court and the positions of the Supreme Court of the Russian Federation,set out in the Resolution of the Plenum, the issue of obtaining information from electronic databases aboutthe property status of a participant in criminal proceedings is considered. The possibilities of GAS “Justice” ofPI “Judicial record-keeping” on the issues under consideration are revealed. The conclusion is substantiatedthat the conclusion that electronic databases can and should be used as a source of obtaining data for thecircumstances to be proved in a criminal case. Taking into account the provisions of Articles 73 and 74 of theCriminal Procedure Code of the Russian Federation, the place and type of information received, using theseelectronic databases, in the evidence system in a criminal case, is determined. The conclusion is substantiatedthat the list of compositions (articles) of the Criminal Code of the Russian Federation, according to which itis possible to apply confiscation by a conviction of a court, is practically unlimited, and, to be more precise,is limited only to the list of articles of the Special Part of the said code.

Konstitusionalitas Ancaman Pidana Terhadap Kejari (Penetapan Status Barang Sitaan dan Prekursor Narkotika)

Studies on the constitutionality of criminal threats against the Attorney General's Office (Head of the State Prosecutor's Office) in determining the status of confiscated narcotics and narcotic precursors, based on the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, it is very necessary to do so. The regulation has an over-criminalization nuance that is detrimental to the constitutional rights of the Kejari. The research aims to analyze the role of the state in protecting the constitutional rights of the Kejari within the rule of law framework. The scope of the research describes the structure of values or norms in statutory regulations and the principles it adheres to. Legal principles are used in interpreting the Narcotics Law by linking it to the rule of law framework. The research method is normative legal research using secondary data. The results of the research revealed that the provisions in Article 141 and Article 91 paragraph (1) of the Narcotics Law have the potential to violate the constitutional rights of the Kejari. because it is not in accordance with the protection of constitutional rights in the institutional structure of the prosecutor's office, which may not be intervened in criminal law enforcement. In conclusion, the state plays a major role in implementing the protection of the constitutional rights of citizens and Kejari officials. The state is obliged to fulfill, respect and protect the constitutional rights of citizens. Institutionally, the state synergizes with the prosecutor's office must affirm the ethical and administrative areas concretely and limitatively, so as not to cause obscurity of norms and excessive criminalization of non-criminal acts to become criminal acts.

Behind Bartkus

A young defense attorney earns his client, charged in federal court with bank robbery, a jury acquittal. (It’s the attorney’s first.) One would expect the impartial judge to thank the jury for its service. Instead, this one harangues both jury and defense attorney (“entailing changes in his complexion from red to purple to dead white”), publicly rails against the verdict, attempts to bar the jurors from future service, refuses to release the defendant, and successfully prods prosecutors to bring a duplicative state prosecution that would end in conviction for the same crime. To anyone who respects the rule of law—or at the very least to anyone who respects the American jury—this should be deeply troubling. Yet when it took place in a Chicago federal courtroom in December 1953, state prosecutors leapt at the federal judge’s call. And when the appeal of the duplicative state prosecution reached the United States Supreme Court, the defendant lost 5-4. Criminal practitioners know that result as Bartkus v. Illinois, 359 U.S. 121 (1959), a rule of double-jeopardy “dual sovereignty” that the Court reaffirmed in 2019. But next to nobody appreciates how it began in that Chicago federal courtroom. That history comes to life in the unpublished notes of the remarkable defense lawyer. It is a story that underscores just how wrongheaded is the legal rule, and that makes vivid the abuse of judicial power.

The role of public prosecutors in jury trials: the experience of the Russian Federation and the People’s Republic of China

The article discusses the development of jury trials in Russia and China, the results of the work of the state prosecution in Russian jury trials on the basis of data from form No. 1 of the statistical reporting of the Judicial Department at the Supreme Court of the Russian Federation over the past decade. The author provides statistical indicators confi rming the growing popularity of jury trials in Russia. The results of the return of criminal cases by the courts to the prosecutor in accordance with Art. 237 of the Code of Criminal Procedure of the Russian Federation, as indicators of the effectiveness of the prosecutor’s work in courtare discussed.The article touches upon the problem of a stable increase in the number of acquitted persons in jury trials over the past 10 years. The ways of solving the current situation within the framework of the development of the system of jurors and the institution of public prosecution in the Russian Federation are proposed, which may be an experience for China.

Separate aspects of the prosecutor's preparation for presentation of the state accusations in the court

The article examines aspects of preparation for the presentation prosecutor’s of public prosecution in criminal courts in the Republic of Moldova. The analysis of the preliminary preparation for the presentation of the public prosecution in the courts is given. Study of the materials of the criminal case, regulatory legal acts, development of a preliminary position on a criminal case, development of a plan for participation in the trial, elements of the preparation of the prosecutor for the effective support of the public prosecution. The prosecutor’s analysis of the materials of the criminal case as the basis for high-quality support of the state prosecution. Forecasting possible situations at the stage of pre-trial preparation, the use of certain tactical techniques for studying the case materials; study of normative materials and judicial practice in relation to a specific category of cases; generalization and analysis of the materials of the criminal case; forecasting various situations that may arise during the court session; a set of tactics used to solve them; build versions of the prosecution; comprehensive planning of activities to maintain public prosecution. To adequately perceive what is happening in the trial, to competently and timely respond to the behavior of the participants in the process, to investigate and collect evidence that incriminates the defendant in the commission of a crime.

Criminological analysis of criminal offenses against the environment

The article subjected to criminological analysis of criminal offenses against the environment. The study of statistical information of the Prosecutor General's Office of Ukraine, contained in the Uniform reports on criminal offenses for 2013-2020 (Form 1: approved by Order of the State Prosecutor's Office of Ukraine dated 23.10.2012 in coordination with the State Statistics Committee of Ukraine) and other sources of empirical information shows a tendency of growing level of criminal offenses against the environment on the background of general decrease of crime level in Ukraine. The structural elements and dynamics of criminal offenses against the environment are provided. The criminal offenses against the environment are noted as a serious problem in modern society. Basing on the considered material the authors conclude that criminal offences against the environment have a tendency of steady increasing, and the necessity of this phenomenon to be resolutely struggled. The authors emphasize the problem of the latency of crimes in studying area.

The Prosecution by the Pidie State Prosecutor Against the Criminal Action of Corruption Gampong Income and Shopping Budget

Law Number 6 of 2014 also strengthens the allocation of Village funds (ADD) originating from the Regency/City balancing funds. If previously there were almost no districts/cities that provided ADD at least 10 percent of the balancing fund without any sanctions, then Article 72 of the Village Law gives the government the right to impose sanctions by delaying and even deducting the balancing fund in the amount of the allocation of funds not given to Village. Aim for knowing the prosecution process by the Pidie State Prosecutor's Office against the perpetrators of corruption in the Gampong Revenue and Expenditure Budget (APBG) and obstacles in the prosecution process by the Pidie State Prosecutor's Office. This research is a type of empirical juridical normative research, data collection in research is carried out through library and field research. Literature research by studying books, laws and regulations. Field research by interviewing respondents and informants.The results showed that the prosecution process by the Pidie State Prosecutor's Office against perpetrators of corruption in the Gampong Revenue and Expenditure Budget (APBG). Technically, the receipt of the case is recorded in the register of receipt of case files, and the report is reported using the LP. In the event that the investigation is considered complete, the investigator hands over the responsibility for the suspect and evidence to the public prosecutor. At this stage, the examination of the suspect is intended to avoid making mistakes in persona being prosecuted before the trial. Obstacles in the prosecution process by the Pidie District Attorney against perpetrators of corruption in the Gampong Revenue and Expenditure Budget (APBG).

Tinjauan Yuridis Terhadap Pembuktian Tindak Pidana Kekerasan Psikis Dalam Lingkup Rumah Tangga

Domestic problems were initially seen as private issues between individuals, but the rise of domestic violence led the government to contribute to addressing the problem. One of the violence that is often accepted in the domestic is psychic violence, therefore researchers are interested in studying the analysis of the evidence of criminal acts of psychic violence in the domestic sphere. This research is an empirical juridical law study. Through a sociological juridical research approach. The research location is located in Samarinda Police, Samarinda State Prosecutor's Office, Samarinda District Court, types and sources using primary data as well as secondary data, techniques of obtaining data obtained through primary data collection techniques by interview while secondary data collection techniques are obtained from literature studies.

Indonesia Regulation Authority of the State’s Attorney in Efforts to Restore State Financial Losses Due to Corruption Crimes

Indonesia Regulation Authority of the State Prosecutor's Office in Efforts to Restore State Financial Losses Due to Corruption Crimes. Corruption in Indonesia causes huge financial losses to the state. The replacement money regulated in Article 18 of the Indonesia Corruption Eradication Law as one of the additional crimes still leaves problems. This is because if the corrupt convict does not return the replacement money, the convict may be subject to a subsidiary prison sentence whose sentence does not exceed the principal sentence. However, Article 64 paragraph (2) of the Indonesia State Treasury Law states that criminal decisions do not exempt from demands for compensation. Therefore, the replacement money that has not been or is not paid by the corruption convict is still the state's financial receivables. The author sees that there is a limitation in the authority of the state’s attorney (the State Prosecutor) in an effort to recover state financial losses due to corruption due to conflict with the provisions in Article 18 paragraph (3) of the Law on the Eradication of Corruption Crimes with Article 64 paragraph (2) of the State Treasury Law. This paper is normative juridical research with a statutory approach, a conceptual approach, and a case approach. The results of this study are the existence of misconceptions in the limited authority of state attorneys in an effort to recover state financial losses due to criminal acts of internal corruption. This has implications for the accumulation of state financial losses in the form of replacement money that is not returned by the convict and becomes state financial receivables. Thus, it is necessary to strengthen the authority of state attorneys through the seizure of assets resulting from criminal acts of corruption through civil proceedings (civil procedure).

Matters related to Court Session Scheduling and Choice of Court Procedure in Criminal Proceedings: Problems, Errors, and Solutions

The paper considers one of the key stages of court work in criminal proceedings, namely the initial preparation stage for a court session in a criminal trial and scheduling of the said session while choosing the procedure rules (general or special, provided for in Chapter 40 of the Code of Criminal Procedure). The paper analyzes the latest changes in legislation regulating these issues, ambiguities and uncertainties that give rise to judicial errors made at this stage, including those related to the choice (determination) of the procedure for judicial proceedings, their impact on the future fate of the criminal case and the final court decision (sentence).Studying the cases of specific judicial precedents (including the Supreme Court of the Russian Federation), the author emphasizes the reasons these errors can be caused by. Examples of the actions of the parties (both the prosecution and the defense) that significantly affect this stage and even determine it, as well as the final court document, including in terms of criminal punishment, are given. The author shows that, at the will of only the prosecution (the state prosecutor and (or) the victim), the defendant (convicted), who conscientiously contributes to justice and fully admits his guilt at all stages of the investigation and judicial consideration of the criminal case, is deprived of the benefits provided to him by law (privileges in the appointment of criminal punishment), which even the judge (court) considering the criminal case cannot influence. The difficulties of the court (judge) in deciding on the choice of the procedure for trial in a criminal case and the legislative uncertainty in the issues under consideration are revealed. Specific ways of solving the problems under consideration of scheduling a court session in a criminal trial are proposed.

Law Enforcement towards Arrest by Hand Operation in the Prosecutor’s Office of Lampung Province

The purpose of this research is to find out the results of law enforcement activities between the North Lampung District Attorney and the Kepahiang District Attorney and to find out whether the North Lampung District Attorney and the Kepahiang District Prosecutor's Office have fulfilled the principle of legal certainty in the activity of catching the hands of suspected criminal acts committed by non-governmental organizations. This research method uses normative and empirical approaches, namely normative research, which examines laws and theories. The empirical approach is made by looking at the facts and studying the law in the field. The results of the research on arrest activities carried out by the North Lampung District Prosecutor's Office, and the Kepahiang District Prosecutors' Office were carried out based on an order from the respective head of the state prosecutor's office, both the intelligence team and the joint team based on the order of the head of the state prosecutor's office. The difference between the results of law enforcement on the activities of the Attorney General's Office for Handling the arrest of the hands of the North Lampung Police was because the alleged criminal act was a general crime based on the money handed over to the victim, in contrast to the Kepahiang Prosecutor's Office which stated that the criminal act of corruption was due to the villages’ financial (Dana Desa) losses where there are proven state losses. The North Lampung District Prosecutor's Office and the Kepahiang District Prosecutor's Office have legal certainty in the activity of catching hands against non-governmental organizations who are suspected of committing a criminal act. However, the results of these activities are different.

Установление имущества, добытого путем совершения коррупционных преступлений на стадии судебного процесса

The article deals with the procedures for the confiscation and conversion of property obtained as a result of corruption crimes into state revenue. Official data on the prevalence of corruption crimes are provided. Amendments to the procedural and operational-search legislation are proposed in order to strengthen the work of operational units and the state prosecutor to establish illegally obtained property at the stage of the trial.

THE ACTIVITY OF THE PROSECUTOR’S OFFICE IN TURKESTAN (20th years of XX century)

The article covers a wide range of primary sources, such as the organization of the activities of the State Prosecutor’s office in the Turkestan ASSR, the work done by the prosecutor’s office, the issue of personnel in the system, their social status. KEY WORDS: Turkestan ASSR, People’s Commissariat of Justice, State Prosecutor’s Office, Prosecutor’s Office, Regional Prosecutors, Prosecutor’s Control, Personnel Issues.

FROM ATATURK TO ERDOĞAN: PATTERNS OF POWER TRANSIT IN TURKEY

The article deals with the issues of power transit and transformation of political values in the Republic of Turkey. The founder of the Turkish Republic, Mustafa Kemal Ataturk, attached key importance to such phenomena as secularism, civil society, liberalization and modernization. However, the current development of political processes in Turkey causes some concern not only from the point of view of changing the form of government, but also from the point of view of transforming the value orientation of the state Prosecutor's office.

Mewujudkan Sistem Peradilan Pidana Terpadu Melalui Case Management System (Studi di Kejaksaan Negeri Kota Bogor)

This legal writing motivated by the efforts made by the Bogor City State Prosecutor”s Office in order to make changes by implementing information technology innovations in handling general criminal cases, especially the handling of narcotics and psychotropic cases in order to realize good and professional governance. System, reduce abuse of power, and curb case administration from the SPDP stage to the implementation stage. The outline of this paper is to discuss the issue of implementing the Case Management System (CMS) in the data input process for handling narcotics and psychotropic crime cases at the Bogor City District Attorney”s Office in realizing an integrated criminal justice system. This research uses statutory, case, comparative, and conceptual approaches. The results showed that the data input process for handling cases of narcotics and psychotropic crimes was in accordance with the SOP, the application of an integrated case handling system in the Information Technology Integrated Case Management System (SPPT-TI) so that it could increase efficiency and effectiveness in case handling. However, there are still obstacles that were face, namely the lack of operator personnel and a lack of understanding of the application of the use of the Case Management System (CMS), but with these obstacles, training on CMS data entry conducted.

REVISION OF JUDGMENTS IN CRIMINAL PROCEEDINGS ABOUT DRUG CRIMES

The Criminal Procedure Code of Ukraine guarantees every person the right to appeal against procedural decisions, actions or omissions of a court, investigating judge, prosecutor, investigator in the manner prescribed by this Code. Undoubtedly, the review of court decisions in the context of criminal proceedings is an important guarantee for ensuring the constitutional rights and freedoms of man and citizen, especially in criminal proceedings where a person is accused of committing serious or especially serious crimes, namely drug trafficking, psychotropic substances, their analogues or precursors. Given the above, it is important to respect both the rights of the accused and the provisions of criminal procedure law, which, among other things, determines the mandatory requirements for appropriate procedural actions, decisions made at the pre-trial investigation, as well as during the prosecution in court. Ignoring such requirements, non-compliance or violation of the procedure established by the criminal procedural legislation entails the revocation of court decisions and the recognition of a person not guilty of a drug crime. Important is the fact that the motivating basis for such a decision, in particular a verdict of acquittal, may not be the real innocence of the person whose accusation was refuted by the defense by using all means of proof, and mistakes made during the pre-trial investigation, which found the evidence inadmissible. as they were received with significant violations of the procedure established by the criminal procedural legislation. This article analyzes the case law and highlights the typical mistakes made by the prosecution during the state prosecution in court, based on the case law on the acquittal of those accused of drug crimes. In addition, the proposed ways to prevent such mistakes, certain preventive aspects that will help practitioners to avoid the inherent errors of judicial practice, which led to the acquittal in this category of criminal offenses.

Criminal Acts of Corruption Study of the Effectiveness of Handling Corruption in East Flores State Prosecution

This study aims to describe and explain the characteristics of the handling of corruption at the East Flores District Attorney. And the effectiveness of the handling of corruption in the East Flores District Attorney, the research conducted by this author is based on a qualitative non-doctrinal approach. Therefore, this study focuses on primary data collected by interview and observation and is supported by secondary data collected by literature study. The data that has been processed is then analyzed qualitatively. Based on the results of the study, it was found that first, the characteristics of the handling of corruption at the East Flores District Attorney, namely the East Flores District Attorney, carried out the handling of corruption crimes based on reports from the public received by the Legal Service Post in the Intelligence Sector of the East Flores District Prosecutor's Office, then the Flores Tmur District Prosecutor's Office carry out investigations, investigations and prosecutions. Second, in relation to the effectiveness of the implementation of the handling of corruption in the East Flores District Attorney, it can be concluded that the implementation of the handling of corruption at the East Flores District Attorney is supported by community and cultural factors, but not supported by legal factors and law enforcement and facilities and supporting facilities

From Monitoring and Modeling to Management: How to Improve Water Quality in Brazilian Rivers? A Case Study: Piabanha River Watershed

Water quality has been a global concern, as evidenced by UN Sustainable Development Goals. The current paper has focused on the Piabanha River rehabilitation as a case study which can be generalized to other similar watersheds. A monitoring program during a hydrological year was carried out, and different databases were used to calibrate and validate the QUAL-UFMG water quality model. Sanitation is the major problem in the watershed, notably in its headwater catchments, which concentrate the most urbanized regions where water quality is worse in the dry season due to low river flows. Thus, simulations of the river water quality have been performed through computational modeling suggesting organic load reductions in some sub-basins. In conclusion, some strategies to improve water quality have been discussed: (i) The water quality rehabilitation must consider progressive goals of pollution reduction starting with an initial implementation in a reduced area. The monitoring should be based on a few parameters relevant and simple to monitor. (ii) Pollution reduction ought to be carried out strategically with deadlines and intermediate goals that must be agreed upon between the stakeholders in the watershed. (iii) Watershed committees should supervise projects to improve water quality in partnership with the State Prosecutor’s Office.

Forensic content of participation of the public prosecutor in preliminary hearing and judicial investigation

The subject of this research is the activity of the public prosecutor in court hearing. Methodological framework for this article is comprised of the dialectical, logical, formal-legal, and hermeneutical methods. The normative base consists of the Constitution of the Russian Federation, criminal procedure legislation, and local normative acts that regulate participation of the prosecutors in the judicial stages of criminal proceedings. Attention is focused on the theoretical and applied questions of participation of the public prosecutor in preliminary hearing and judicial investigation. The article reviews opinions of the scholars on participation of the prosecutor in court hearing, as well as the specificity of the prosecutor's work at the stage of state prosecution in court. The author substantiates the importance of preparedness of the public prosecutor to state prosecution, including fundamental examination of all materials pertaining to a criminal case for successful prosecution in the court of first instance. The conclusion is made that the effectiveness of state prosecution depends on the quality of preparedness of the prosecutor to court proceedings, which alongside the appropriate order of investigation of evidence, sufficiency and coherence of evidence, allow the public prosecutor to make the closing arguments.