Criminal Law. Judgments. Judgment Notwithstanding the Verdict in Federal Criminal Case Held Proper

1939 ◽  
Vol 52 (8) ◽  
pp. 1358
Keyword(s):  
Criminal Law ◽  
Criminal Case

Errors in the Application of the Criminal Law on Certain Corruption Crimes in Practice of Appeal and Cassation Courts

2020 ◽  
Vol 6 ◽  
pp. 72-80
Author(s):  
A. V. Galahova ◽  
Y. I. Antonov ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Case ◽  
Criminal Cases ◽  
Retroactive Effect

The article is devoted to systematization of generalized appeal and cassation practice on errors in criminal cases of corruption crimes in 2017–2018. Errors are systematized in such areas as the unfairness of the sentence; the absence of a crime in the act; inconsistency of the conclusions of the court set out in the sentence, the actual circumstances of the criminal case; incorrect application of the provisions of the criminal law in time and its retroactive effect.

scholarly journals Problems of Implementing the Criminal Procedure Policy in Crime Prevention

2021 ◽  
Vol 15 (3) ◽  
pp. 401-408
Author(s):  
Igor Antonov ◽  
Igor Alekseev
Keyword(s):  
Crime Prevention ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Case ◽  
Social Conflicts ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Theory Of Law

The authors use a communicative approach to the theory of law in their analysis of criminal procedure policy and its role in crime prevention. This approach allowed them to determine the content of criminal procedure work that lies outside the scope of criminal law. This content is its ability to regulate social conflicts of criminal law character. Within this framework, the criminal procedure is viewed as a platform for resolving social conflicts, the sides use it to resolve a conflict between them in socially acceptable ways in the process of communication. The involvement of the aggrieved party in the process of communication in connection with the crime intensifies the correctional impact of the criminal process and its significance for crime prevention. The authors suggest using simplified measures of criminal procedure law for reforming this process and basing it on the procedure of terminating a criminal case with the imposition of a court fine as a measure of criminal law influence. They suggest using the same approach when terminating a criminal case due to the reconciliation of the sides, with one exception: during the reconciliation of the sides, only grounds provided for in Art. 76 of the Criminal Code of the Russian Federation should be proven. If they are established, the investigator is obliged to petition to the court and the court, having established their validity, should decide to terminate the criminal case.

scholarly journals AZAS IUS CURIA NOVIT DAN EKSISTENSI KETERANGAN AHLI HUKUM DALAM PERADILAN PIDANA

2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Kuswarini Kuswarini
Keyword(s):  
Criminal Law ◽  
Criminal Case ◽  
Legal Cases ◽  
Expert Information ◽  
The Law ◽  
Unwritten Law

<p>Curia Novit Jus: means that judges are considered to know and understand all laws,<br />therefore the court is prohibited from refusing to examine, hear, and decide on a case<br />that is filed under the pretext that the law does not exist or is unclear, but is obligatory<br />to examine and judge him. Judges as judicial organs are considered to understand<br />the law. Therefore the judge must provide services to every justice seeker who asks for<br />justice to him. If the judge provides services in resolving disputes, finds no written<br />law, the judge must explore the unwritten law to decide on legal cases as a wise<br />person and fully responsible to the Almighty God, himself, society, nation and state.<br />In a Criminal Case if the fact witness is not identified, the judge digs the facts in the<br />trial, through the statement of the Criminal Law Expert to obtain confidence in<br />deciding the case, the expert information obtained in the criminal case used to decide<br />the case.</p>

scholarly journals THEFT OF CARGO FROM RAILWAY ROLLING STOCK: ISSUES OF QUALIFICATION AND INVESTIGATION

2019 ◽  
Vol 29 (5) ◽  
pp. 668-672
Author(s):  
M.N. Vilacheva ◽  
N.V. Yashkova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Case ◽  
Rolling Stock ◽  
Railway Transport ◽  
The Russian Federation ◽  
Main Factors ◽  
Definition Of ◽  
Railway Rolling Stock

The questions of qualification and investigation of theft of goods from the rolling stock are revealed. The main factors causing qualification of such crimes under articles 158, 159 and 160 of the Criminal code of the Russian Federation are investigated. The obligatory signs of crimes, such as time, place, means of commission of crime, the size of the stolen property are revealed. Reasonable conclusions are made that the qualification of theft of goods from the rolling stock of railway transport, as well as the definition of the circle of persons potentially involved in the commission of the crime, is largely influenced by the place and time of the crime, the circumstances (type of car, other features), the amount of stolen property, means of committing the crime. The analysis of the practice of qualification of thefts from the rolling stock of railway transport shows that in various investigative situations it is necessary to speak about its private varieties that will allow to qualify a crime more precisely and to organize the process of proving more effectively. It is concluded that for the most complete qualification of crimes related to the theft of cargo from rolling stock cars a thorough analysis of the circumstances that influenced the initiation of a criminal case, as well as investigative situations, is of particular relevance. Proposals were made to improve the norms of the criminal law.

The Problems of Trans-border Evidence and European Initiatives to Resolve Them

2007 ◽  
Vol 9 ◽  
pp. 465-480 ◽  
Author(s):  
John R Spencer
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
The State ◽  
Criminal Case ◽  
List Type ◽  
Type Number ◽  
The Past ◽  
Relevant Evidence ◽  
Physical Presence

When a criminal case with trans-border ramifications is to be prosecuted within a given state, the following three problems typically arise: — bringing the defendant, currently abroad, to that state, to enable the case against him to be tried; — obtaining relevant evidence from other jurisdictions; — persuading the courts of the state where the defendant is to be tried that they can use it. The first of these problems is in principle the most important. Unless a legal system is prepared (as some were in the past) to try defendants in absentia and then punish them in effigy, the defendant’s physical presence within the jurisdiction of the court is usually required in order to bring the mechanism of the criminal law to bear upon him.

Strafrechtliche Theorie und Praxis um 1800 als eine Herausforderung für die ›Vernunft der Literatur‹?

2019 ◽  
Vol 23 (1) ◽  
pp. 148-180
Author(s):  
Jörg Schönert
Keyword(s):  
Criminal Law ◽  
Professional Knowledge ◽  
Literary Texts ◽  
Criminal Case ◽  
Literary Genres ◽  
Starting Point ◽  
Theorie Und Praxis ◽  
Criminal Matters

Abstract The starting point for this article is the question of the extent to which knowledge generated and mediated by literature can supplement or modify the professional knowledge of criminal law and practice around 1800. In particular, the article looks at the genres of the criminal case study and crime story, which were popular in this period, as a field of experience for the literary-productive observation of crime and criminal law. It explores the discursive constellations for possible relations between the areas of knowledge produced by the ›professional reason of law‹ and the ›reason of literature‹. These relations are discussed with regard to (1) types of ›medial places‹ in which legal as well as literary texts on criminal matters were published, (2) the aforementioned literary genres and (3) the literary approach of so-called poetic lawyers (›lawyers as writers‹). These perspectives determine the final analyses of texts by August Gottlieb Meisner, Karl Friedrich Muchler and Paul Johann Anselm von Feuerbach.

scholarly journals Victims of Parental Kidnappings in Light of Polish Criminal Law (Based on the Results of Case Law Research)

2018 ◽  
Vol 6 ◽  
pp. 86-100
Author(s):  
Diana Dajnowicz-Piesiecka
Keyword(s):  
Full Article ◽  
Criminal Law ◽  
Case Law ◽  
English Abstract ◽  
Criminal Case ◽  
Criminal Cases ◽  
Parental Kidnapping ◽  
Polish Law ◽  
Article Abstract

[full article, abstract in English; abstract in Lithuanian] This paper concerns the victims of parental abductions in Poland. The aim of the article is to present the victims of parental abductions in the light of the Polish criminal case law. The study has an empirical character because it presents the results of research carried out using a criminal case law analysis. The study included 59 criminal cases concerning the parental kidnapping of a child. The research revealed that the Polish law treats the person from whom the child was kidnapped as a victim of parental kidnapping. Interestingly, the child is not considered a victim. Based on the research, a conclusion was formulated that parental abductions are not only the result of disputes between the parents of a child, but that children can also be abducted from the care of other people, for example, the directors of orphanages or grandparents who look after the children. This article argues that parental abductions are not only a problem for families but also for institutions professionally involved in childcare.

scholarly journals Verification of Reports on Prison-Related Crimes in the Context of Ensuring the Rights and Legitimate Interests of Convicts

2021 ◽  
Vol 15 (3) ◽  
pp. 628-634
Author(s):  
Aleksandr S. Shatalov
Keyword(s):  
Criminal Law ◽  
Negative Impact ◽  
Criminal Liability ◽  
The Body ◽  
Criminal Case ◽  
Penal System ◽  
Correctional Institution ◽  
Correctional Institutions ◽  
Legitimate Interests ◽  
The Moment

Introduction: the article considers problematic issues related to the participation of penal system officials in procedural activities to verify reports of crimes committed by convicted persons, accused persons, and suspects in correctional institutions, and puts forward proposals aimed at improving the effectiveness of these activities. Our arguments are directly related to the following: determining the moment from which the calculation of the terms of such an inspection should begin, assessing the expediency of such an inspection, actual content of the procedural actions it contains and participation of the defender in them. We come to the conclusion that penal system officials are not sufficiently motivated to use the procedural powers of the body of inquiry and participate in pre-trial proceedings in criminal cases. Moreover, they are often poorly prepared to participate in criminal procedural activities; this fact not only entails violations of the rights and legitimate interests of convicts, but also allows the latter to avoid criminal liability for new crimes committed on the territory of a correctional institution. The fact that many heads of penitentiary institutions are afraid that the number of criminally punishable actions in the territories under their control would increase also has a negative impact on the quality of procedural activity. As a result, the official criminal statistics mainly show only those prison-related offences, which cannot be hushed up. Methods: we make the following classification of the problems of responding to various violations of criminal law prohibitions by persons sentenced to imprisonment, as well as suspects and accused persons held in custody: 1) problems related to the reasons for initiating a criminal case; 2) problems related to the reasons for initiating a criminal case; 3) problems related to checking the reports of prison-related offences; 4) problems related to the adoption of final procedural decisions and the provision of qualified legal assistance to convicted persons in the implementation of verification actions. Taking into account the specifics of the problems, we put forward the ways to overcome and solve these problems. Discussion: the latency of prison offences has been and remains quite high, and the procedural activity itself carried out in connection with their commission is very far from ideal. In such conditions, there is a growing need for timely and professional response on the part of officials of correctional institutions (including pre-trial detention centers) to various violations of criminal law prohibitions committed by persons sentenced to imprisonment, as well as suspects and accused persons held in custody. Results: we prove that the above-mentioned response is mandatory and has a number of specific features, primarily due to the environment in which it is carried out.

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