Criminal Law: Power of Trial Court to Give Instruction as to Credibility of Defendant Who Testifies in a Criminal Case

1943 ◽  
Vol 31 (5) ◽  
pp. 587
Author(s):  
Allan Leroy Sapiro
Keyword(s):  
Criminal Law ◽  
Criminal Case ◽  
Trial Court

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.

Making Sense of State v Messenger

PEDIATRICS ◽  
1996 ◽  
Vol 97 (4) ◽  
pp. 579-583 ◽  
Author(s):  
Frank I. Clark
Keyword(s):  
Medical Treatment ◽  
Criminal Case ◽  
Appellate Courts ◽  
Trial Court ◽  
Making Sense

On April 30, 1994, Gregory Messenger was charged with manslaughter for physically disconnecting his premature son from a ventilator.1 He was acquitted of these charges on February 2, 1995. Although appellate courts have dealt with various aspects of withdrawing life-sustaining medical treatment (LSMT) in infants,2 State v Messenger raised the issues involved when this support is not desired by the parents at the time of birth. This case sets no precedent for future cases on this point. There is no appeal of a criminal case when the defendant prevails; therefore, for lawyers and judges it will remain just another trial court loss for a prosecutor.

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.

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