scholarly journals Alternatives to criminal procedure against juvenile and young adult offenders and alternative to criminal procedure in the cases of domestic violence

Temida ◽  
2006 ◽  
Vol 9 (1) ◽  
pp. 43-53
Author(s):  
Bozica Cvjetko
Keyword(s):  
Domestic Violence ◽  
Young Adult ◽  
Violent Behavior ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
Juvenile Courts ◽  
Special Obligation ◽  
Legal Provisions ◽  
The Republic ◽  
Professional Assistance

In the paper, the author is analyzing the Act on juvenile courts of the Republic of Croatia, which foresees a broad possibility of implementing the principle of opportunity in the pre-trial, i.e. reinvestigation phase of the procedure in terms of the decision of the public prosecutor about the criminal charge against these persons, including the implementation of particular obligations as informal sanctions. Particular attention is paid to the special obligation called off-court agreement. The aim of the off-court agreement is ?reconciliation between the juvenile or young adult offender and the victim of the crime, and establishment of the social peace?. Similar project and the implementation of the principle of opportunity is used in the cases of the criminal offence of domestic violence. The main aim of these obligations is to offer professional assistance to the families which are in crisis and have difficulties related to the violent behavior of one family member - mostly the father. Such an approach is more efficient than the long lasting criminal procedure, testifying and strengthening the crisis in the family. This paper gives also an insight into the legal provisions concerning this measure and its implementation in practice.

scholarly journals Public prosecutor as the agency of protection of domestic violence victims in the legal system of Serbia

Temida ◽  
2018 ◽  
Vol 21 (2) ◽  
pp. 293-313
Author(s):  
Gorjana Mircic-Calukovic ◽  
Emir Corovic
Keyword(s):  
Domestic Violence ◽  
Legal System ◽  
Family Law ◽  
Public Prosecutor ◽  
The Public ◽  
Legal Provisions ◽  
Domestic Violence Victims ◽  
Legal Texts ◽  
The Republic

This paper examines the role of a public prosecutor in the protection of domestic violence victims in the legal system of the Republic of Serbia. Prior to the analysis of relevant provisions of the laws referring to the authority and competences of the public prosecutor in relation to the protection of domestic violence victims, the term ?victim? in the legal system of Serbia is defined. The term ?victim? is commonly used in the legal texts, but it is not defined; thus, it is necessary to specify certain aspects of this term. In the analysis of certain legal provisions, the focus is on some of the most significant criminal, misdemeanor and family law institutes, as well as on the provisions of the Law on the Prevention of Domestic Violence, which could affect the role of the public prosecutor in prevention of domestic violence and protection of its victims. In the final part the authors propose certain solutions which should enhance implementation of existing mechanisms available to the public prosecutor in practice, which could contribute to better protection of domestic violence victims.

scholarly journals Analisis Yuridis Putusan Bebas terhadap Kasus Tindak Pidana Pembunuhan

2019 ◽  
Vol 2 (2) ◽  
pp. 399-411
Author(s):  
Ramot Lumbantoruan
Keyword(s):  
Research Method ◽  
Legal Theory ◽  
Descriptive Analysis ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
The Public ◽  
Legal Provisions ◽  
Procedure Code ◽  
Judicial Role

The purpose of this research is to describe the legal arrangements regarding the Free Verdict according to positive legal provisions, the Judicial role of the Judge in deciding a case and Juridical Analysis of a conviction for a murder crime (Study of Judgment Number 423 / Pid / 2008 PN. South Jakarta. This research method is normative juridical research.The nature of this research is descriptive analysis, which is a method used to describe a condition or condition that is happening or ongoing in order to provide as much data as possible about the object of research so as to explore things that are ideal, then analyzed based on legal theory or applicable laws and regulations.Results of this study, first, the legal arrangements regarding the acquittal according to positive legal provisions is to look at Article 191 Paragraph (1), paragraph (2) and paragraph (3) of the Criminal Procedure Code specifically also provides an understanding that reinforces its role law about being free from all lawsuits. Second, the role of judges legally in deciding a case in the decision of Case Decision Number 423 / Pid / 2008 / PN. South Jakarta is a judge must pay attention to the interests of various parties, both the interests of the defendant, witnesses, and the interests of the Public Prosecutor.

scholarly journals Judicial Cooperation with Foreign Authorities in Criminal Matters in Albania

2021 ◽  
Vol 4 (2) ◽  
pp. 125
Author(s):  
Klodjan Skenderaj ◽  
Ejona Bardhi
Keyword(s):  
International Law ◽  
Criminal Procedure ◽  
The United States ◽  
Judicial Cooperation ◽  
Constitutional Principle ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Basic Law ◽  
The Republic ◽  
Criminal Matters

The Code of Criminal Procedure is the basic law that regulates jurisdictional relations with foreign authorities in criminal matters in Albania. This Code defines the instruments of judicial cooperation, the manner and procedure of how judicial cooperation is carried out and what are the authorities for the implementation of judicial cooperation. According article 10 of the Code of Criminal Procedure it is guaranteed the compliance of international agreements, principles and norms of international law, accepted by the Albanian state, in accordance with the constitutional principle stipulated by Article 116 of the Constitution of the Republic of Albania. This paper will analyze extradition as a traditional means of judicial cooperation in criminal matters, legal provisions, domestic judicial practice, but also the latest extradition agreement concluded between Albania and the United States of America.   Received: 27 September 2021 / Accepted: 29 October 2021 / Published: 5 November 2021

scholarly journals Kedudukan dan Perlindungan Saksi Mahkota dalam Tindak Pidana Pencurian dengan Kekerasan (Studi Kasus Pengadilan Negeri Denpasar)

2020 ◽  
Vol 1 (1) ◽  
pp. 210-215
Author(s):  
Ni Made Elly Pradnya Suari ◽  
I Made Minggu Widyantara ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Legal Protection ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Public Prosecutor ◽  
Criminal Cases ◽  
Conceptual Approach ◽  
Procedure Code ◽  
The Republic ◽  
Verification Process ◽  
Article 50

The presence of witnesses in the evidence is the keyword in disclosing the facts of criminal cases. The crown witness is often present at court. However, there are many differences of opinion in the Jurisprudence regarding the use of crown witnesses in court because there is no legal regulation that explicitly regulates the use of crown witnesses in criminal justice. Based on these problems, this study described how the protection of the rights of defendants as crown witnesses in criminal acts of theft with violence and how the position of crown witnesses in criminal acts of theft with violence. This research was designed using a normative legal research method and a conceptual approach. In the Criminal Procedure Code, there is no prohibition for a defendant to provide information for other defendants as far as using a splitsing system so that defendants who are crown witnesses still receive legal protection. The decision of the Supreme Court Number 1942 K / PID / 2012 which in its verification process used a crown witness. In this case, the public prosecutor presented the crown witness due to the lack of evidence especially witness testimony evidence. The role of the crown witness is very important to uncover criminal events because the defendant knows, sees, and commits criminal theft with violence. The result of this study showed that the protection of the rights of the defendant as a crown witness is equated with the rights of the defendant in general, which is regulated in Article 50 to Article 68 of the Criminal Procedure Code and witness rights set out in Article 5 of Law Number 31 of 2014. The position of the crown witness is justified in proof-based on the Circular Attorney General's Office of the Republic of Indonesia Number B-69 / E / 02/1997 of 1997 concerning Proof Law in Criminal Cases.

scholarly journals Results of an empirical study on the effectiveness of urgent measures in the Republic of Serbia

2021 ◽  
Vol 63 (1) ◽  
pp. 19-43
Author(s):  
Aleksandar Bošković ◽  
Tanja Kesić
Keyword(s):  
Domestic Violence ◽  
Public Prosecutor ◽  
Preventive Action ◽  
Criminal Proceedings ◽  
The Public ◽  
Individual Number ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
The Individual

Contemporary legislation, not only criminal and criminal proceedings law, has entered a new stage, that is currently underway and that is reflected in significant reforms and new legislation, as well as seeking new solutions to increase efficiency in preventing and combating domestic violence. The Republic of Serbia embarked on this path by adopting the Law on Prevention of Domestic Violence, which should primarily intensify the preventive action of the competent state bodies in cases of domestic violence. The Law on Prevention of Domestic Violence started to be applied on June 1, 2017 and given the fact that it has been applied for the past three years, it is necessary to carry out an adequate analysis and to evaluate whether it has increased efficiency when it comes to combating domestic violence. In this regard, the subject of this paper is primarily the analysis of the practical application of urgent measures provided by the Law imposed by the police, the public prosecutor and the court. This research will cover a period of two years of applying of the law, i.e. the period from June 1, 2017 to May 31, 2019. During the research, the statistical method was used along with the methods of analysis, deduction, comparison and description. The paper will analyse: both the total and the individual number of urgent measures imposed by the police; territorial distribution of the imposed urgent measures on the territory of the Republic of Serbia; imposing of extended urgent measures by the court, and a significant aspect of this research will be dedicated to the issue of violations of the imposed urgent measures.

scholarly journals PECULIARITIES OF CRIMINAL-PROCEDURAL ACTIVITY OF THE PUBLIC PROSECUTOR IN PRE-TRIAL PROCEEDINGS IN FOREIGN COUNTRIES

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Ксения Таболина ◽  
Kseniya Tabolina
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
The United States ◽  
Public Prosecutor ◽  
Kyrgyz Republic ◽  
Federal Republic Of Germany ◽  
The Public ◽  
Foreign Countries ◽  
Independent States ◽  
The Republic

This article is dedicated to peculiarities of criminal-procedural activity of the Public Prosecutor in pre-trial proceedings in foreign countries. In this regard, the author studied the provisions of the constitutional and criminal procedure legislation of all member states of the Commonwealth of Independent States (the Azerbaijan Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, Moldova, Tajikistan, Turkmenistan, Uzbekistan, Ukraine), Georgia, and Federal Republic of Germany, and presented in the article foreign experience of the French Republic and the United States of America. According to the results of the analysis the conclusion is drawn concerning the role of public prosecution in foreign countries, the main activities of the Public Prosecutor in pre-trial criminal procedure of these countries and the scope of the powers of the Public Prosecutor in pre-trial proceedings in foreign countries and its relationship with the form of the preliminary investigation.

scholarly journals Relationship Between the Police and the Prosecutor’s Office in Individual European Countries

2021 ◽  
Vol 11 (11) ◽  
Author(s):  
Miroslav Janjić
Keyword(s):  
Criminal Procedure ◽  
European Countries ◽  
Public Prosecutor ◽  
The Public ◽  
Procedure Code ◽  
The Republic

One of the main characteristics of the investigation in Germany is that the public prosecutor is in charge of investigation and the role of the police mainly depends on whether and to what extent the public prosecutor will entrust them with undertaking investigative actions. France has retained the division into inquests and investigation, as well as a powerful investigative judge. When a formal investigation is optional (it is obligatory only in the event of crimes) and is not conducted, inquests are the only form of preliminary proceedings. Preliminary investigations (inquests) are conducted by the judicial police, at the request of a public prosecutor or ex officio. The Criminal Procedure Code of the Republic of Italy, which was adopted in 1988 and which came into force in 1989, with its subsequent amendments, is significant, among other things, for introducing the accusatory model of criminal procedure instead of the inquisitorial one included in the Criminal Procedure Code of 1930 that was revoked when the new Criminal Procedure Code came into force.

scholarly journals The institute of statutory limitation in criminal procedure and in criminal law

ScienceRise ◽  
2021 ◽  
pp. 45-52
Author(s):  
Elda Maloku
Keyword(s):  
Criminal Law ◽  
Scientific Knowledge ◽  
Scientific Research ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Research Results ◽  
Legal Provisions ◽  
Procedure Code ◽  
The Republic ◽  
Technological Product

The institute of statutory limitation in criminal procedure has an extreme importance and through this research we will get to know more about the new provisions of Criminal Procedure Code and the Criminal Code of Republic of Kosovo regarding the statute of limitations of the criminal prosecution and the statute of limitations of the execution of the criminal-legal sanctions. The object of research: Analysis and the synthesis facts and essential legal provisions of Criminal Procedure and the Criminal Code of the Republic of Kosovo for statutory limitation (hereinafter SoL), by using scientific theory, methodology and scientific research in order to gain scientific knowledge. The main scientific results: The institute of statutory limitation in the Criminal Procedure in the Republic of Kosovo is analyzed with the provisions of the Criminal Code and Criminal Procedure Code. Moreover, SoL is analyzed and compared with legal provisions in the abolished Criminal Code and the new Criminal Code of Republic of Kosovo as well. Improvement of the efficiency of the Institute of SoL in criminal law and criminal procedure has been found through new amendments to the legal provisions of the Code of Criminal Procedure and the Criminal Code The area of practical use of the research results: Are the newest data for the institute of SoL in the criminal procedure and in criminal law as well. The conducted research made it possible for lawyers, criminologists, victimologists, Non-Governmental Organizations (hereafter: NGOs) and all stakeholders to obtain additional information about the Institute of SoL in Criminal Procedure Law and Criminal Law in the Republic of Kosovo. Innovative technological product: Identification and the analysis of new changes in legal provisions of Criminal Procedure Code and Criminal Code of the Republic of Kosovo for efficiency improvement of SoL institute. Scope of the innovative technological product: This research will contribute and fulfill the scientific knowledge fund on the SoL problem in Kosovo and its enforcement. Also, the research results can create some starting points for more complex scientific research in the future for the Institute of SoL in the Republic of Kosovo or in the other countries of the region.

scholarly journals Procedural and legal status of the injured party according to the new criminal procedure code of the Republic of Serbia

Temida ◽  
2012 ◽  
Vol 15 (2) ◽  
pp. 105-119
Author(s):  
Momcilo Grubac
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
Criminal Proceeding ◽  
The Public ◽  
Procedure Code ◽  
The Status ◽  
Injured Party ◽  
The Republic ◽  
The Right

In this article the author is critically analyzing certain solutions of the new Criminal Procedure Code of the Republic of Serbia from 2011 which consider the injured party and their rights in the criminal proceeding. He states that unlike the previous ones, this Code does not improve the status of the injured party but makes it even worse. The author particularly claims that the legislator yet again failed to establish the right of the injured party to be efficiently compensated in the event of a serious offense from a special fund and immediately after the crime has been committed, but prior to the end of the criminal proceeding. In the provision of the Code which states that the injured party may take over the prosecution and become a prosecutor replacing the Public Prosecutor (subsidiary prosecutor) only if the Public Prosecutor withdraws after having confirmed the indictment, however not in the cases of rejection of criminal charges or withdrawal from the prosecution in the previous proceeding, the author sees not only the limitation of the rights of the injured party, but also jeopardy of the public interest. This is due to the fact that, freed from a threat of the subsidiary accusation by the injured party, the Public Prosecutor has gained an absolute and uncontrolled monopoly over the initiation of criminal proceeding. According to the author, the subject of the proceedings will not have any substantial use from some rights which the new Code assigns to the injured party (for example the right to appeal against the judgment on the adjudicated property claim). In conclusion, the author stresses out that in spite of his objections against certain provisions in the Code, the legal status of the injured party is more favorable in the criminal law of Serbia then in many other countries.

scholarly journals A PROPERTY CLAIM IN A SUMMARY PENALTY ORDER

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Radenko Janković
Keyword(s):  
21St Century ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
The Public ◽  
Legal Provisions

At the beginning of the 21st century, criminal procedure legislationin BiH was radically changed. One of the most important novelties is a penaltyorder proceeding accepted under various foreign influences. Although this isa new special criminal procedure, it has been well accepted and extensivelyapplied. In approximately half of the indictments, the public prosecutor putsforward a motion for a penalty order. However, it has caused many dilemmas,both in theory and in practice. One of them is the possibility of accepting aproperty claim in a penalty order. The paper analyzes the views of our theoryand practice in order to provide an answer to the question of whether theyhave a basis in the applicable legal provisions. In addition, it also points to theshortcomings in the provisions regulating the procedure for issuing a penaltyorder that clearly indicate the need for their amendments in order to betterstandardize a property claim in this proceeding.

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