scholarly journals Glosa do wyroku Sądu Najwyższego z dnia 11 kwietnia 2017 r., II KK 35/17

2017 ◽  
Vol 15 (4) ◽  
pp. 111-118
Author(s):  
Zbigniew Kwiatkowski
Keyword(s):  
Criminal Procedure ◽  
Injured Person ◽  
Injured Party

The gloss presents the question of notification of the injured person of the date of hearing in the understanding of Art.387 § 2 of the Code of Criminal Procedure. The author expresses the opinion that the injured party should be notified by the Court of the date of the hearing and instructed on the possibility of submitting an application to the Court, which is mentioned in § 1 Art. 387 of the Code of Criminal Procedure, along with being sent the notification of the date of the main hearing. The requirement of proper notification of the injured person of the date of the hearing will be realized on condition that this procedural action is executed in compliance with the regulations contained in Chapter 15 of the Code of Criminal Procedure, which deals with “Deliveries).

scholarly journals Is a public procesutor's investigation more effective than a judicial investigation?

2020 ◽  
Vol 54 (4) ◽  
pp. 1183-1202
Author(s):  
Snežana Brkić
Keyword(s):  
Empirical Research ◽  
Criminal Procedure ◽  
The Other ◽  
Public Prosecutor ◽  
High Court ◽  
The Public ◽  
Procedure Code ◽  
Judicial Investigation ◽  
Injured Party ◽  
Novi Sad

This paper is the result of a mini empirical research on the duration of judicial and public prosecutorial investigations before the High Court in Novi Sad. A total of 100 cases were analyzed, of which 50 cases from 2008 and 50 cases from 2015 and 2016. The first 50 cases were conducted during the validity of the Criminal Procedure code from 2001, while the other 50 cases were conducted during the validity of the Criminal Procedure Code from 2011. In order for the result to be as comparable as possible, we tried to have the same structure of criminal acts represented in both groupes. The author came to the conclusion that a prosecutorial investigation is not faster than a judicial investigation. The search for the suspect, the search for the injured party, the impediment of the lawer, the strike of the lawers, the preoccupation of the public prosecutor, etc. contributed to the somewhat longer duration of the public prosecutorial investigation.

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 Pozycja pokrzywdzonego w świetle nowelizacji Kodeksu postępowania karnego z 19 lipca 2019 r.

2020 ◽  
Vol 30 (4) ◽  
pp. 127-148
Author(s):  
Aleksandra Limańska ◽  
Marta Pustuła
Keyword(s):  
Criminal Procedure ◽  
Criminal Code ◽  
Time Limit ◽  
Criminal Proceedings ◽  
Injured Party ◽  
Polish Code

This article addresses some amendments of the Polish Code of Criminal Procedure in so far as they affect the position of the injured party. The Act of 19 July 2019 amending the Polish Code of Criminal Code provides for a number of changes relating to that participant of criminal proceedings. The paper deals with the extension of the time limit within which it is possible to withdraw a motion to prosecute, changes to the so-called subsidiary complaint, setting a deadline for questioning the injured under Articles 185a and 185c of the Polish Code of Criminal Procedure or serving the injured party with an order to pay (injunctive judgment) alongside the instructions on how to appeal against the judgment and simultaneously file a statement that the injured will act in the capacity of a subsidiary prosecution counsel. The analysis is aimed to establish whether those changes have led to the strengthening or weakening of the position of the injured party.

scholarly journals Mediation as an Alternative of Criminal Case Resolution in Kosovo Juvenile Criminal Proceedings

2018 ◽  
Vol 5 (1) ◽  
pp. 26
Author(s):  
Azem Hajdari
Keyword(s):  
Social Responsibility ◽  
Criminal Procedure ◽  
Scientific Paper ◽  
Best Interests ◽  
Criminal Case ◽  
Public Expenditures ◽  
Court Cases ◽  
Criminal Proceedings ◽  
Diversity Measures ◽  
Injured Party

Mediation is a law institute which enables alternative resolution of a criminal case between the subjects of law outside of court. It may be applicable except in criminal proceedings in which are adjudicated adults perpetrators of criminal offences, also in juvenile criminal proceedings. Through application of this institute is aimed to help the parties (to minor and the injured party) to achieve the resolution of a criminal case in the most functional manner and in accordance with their best interests. The importance of mediation is diverse. It effects in reducing the number of court cases awaiting resolution, reducing public expenditures, raising the level of social responsibility, educating citizens with the feeling of seeking forgiveness and compensation of damage, as well as cooperation with criminal procedure bodies, eliminating cases of vigilantism etc. Mediation is constituted of numerous characteristics which make it a “sui generis” institute in criminal case resolution alternatives.Modest results of this scientific paper indicate that this institute in Kosovo courts and prosecutions concerning juvenile criminal proceedings is applicable in a very few cases. Causes of this situation may refer to the fact of not knowing the advantages of applying this institution by juvenile judges and prosecutors, but also due to the fact this institute has similarities with diversity measures, which are more preferred to be imposed against juveniles.

scholarly journals New Macedonian legislation which improves the position of the injured party

Temida ◽  
2005 ◽  
Vol 8 (2) ◽  
pp. 3-10
Author(s):  
Gordana Lazetic-Buzarovska
Keyword(s):  
Criminal Procedure ◽  
Public Prosecutor ◽  
Practical Implementation ◽  
Criminal Sanctions ◽  
Legislative Framework ◽  
Alternative Measures ◽  
Successful Establishment ◽  
Injured Party ◽  
Criminal Legislation

This article deals with newly adopted provisions in the Macedonian criminal legislation, that are affecting the position and status of injured party in the criminal procedure, with special attention to alternative measures as new criminal sanctions and new opportunities for realization of compensation request on time and in effective way. As author says, with extending the grounds for submitting compensation request the legislator have introduced provisions that contribute toward improving the position of the injured party during the criminal procedure and even after its termination. Beside already strengthened position of public prosecutor, there are new provisions regarding widening of possibilities for injured party when he is in the role of subsidiary prosecutor. Having in mind European countries? experiences regarding witness protection, Republic of Macedonia has created legislative framework for combating most difficult types of organized crime. However, practical implementation of newly adopted Law on witness protection depends a lot on successful establishment and functioning of authorities responsible for caring out witness protection Programs, providing enough financial resources and intensive and direct interstate co-operation. Hence, it is obvious that the legislative provisions are just the first step among necessary activities for accomplish witness protection programs.

scholarly journals ON THE INCORPORATION OF PRIVATE LAW INSTITUTIONS IN CRIMINAL PROCEEDINGS

2020 ◽  
Vol 30 (6) ◽  
pp. 851-857
Author(s):  
A.V. Grishin ◽  
M.N. Tarsheva
Keyword(s):  
Criminal Justice ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Social ◽  
The Russian Federation ◽  
Injured Party

The article deals with some areas of improvement of domestic criminal procedure legislation in terms of expanding dispositive principles and introducing alternative (non-punitive) forms of response to a crime in the current Criminal procedure code of the Russian Federation. The problems generated by the punitive approach to responding to the facts of committed socially dangerous acts are touched upon, and the values and ideas of a different (restorative) approach are highlighted, which, according to the authors, should not replace, but complement and enrich criminal proceedings. In addition, global and domestic trends in the development of legislation in the field of criminal justice are outlined. The authors propose the concept of restorative justice and exemption from criminal prosecution of persons who voluntarily compensated for the harm caused by the crime, with the full consent of the injured party. The authors highlight the essence of reconciliation mechanisms. The code of criminal procedure of the Russian Federation proposes some changes related to the introduction of the concept of conciliatory justice and the expansion of dispositive principles. The authors conclude that a reasonable compromise in the field of criminal justice is not only justified, but even necessary. The social value of conciliation procedures is that consensus is reached through mutual concessions (taking into account the interests and requests of both sides of the conflict) and is aimed at resolving the criminal conflict. Through reconciliation, the restoration of the disturbed order of functioning of public relations is achieved, as well as the restoration of social justice, which is directly related to the satisfaction of the interests of the injured party and depends on whether the victim remains satisfied with the outcome of the case.

scholarly journals Mutual Obligations of Parties in Criminal Proceedings-The Context of Kosovo

2016 ◽  
Vol 2 (1) ◽  
pp. 83
Author(s):  
Azem Hajdari
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Comparative Methods ◽  
The State ◽  
Criminal Proceedings ◽  
Professional Literature ◽  
Main Trial ◽  
Injured Party

In Kosovo criminal procedure the position to be a party have the state prosecutor, defendant, and injured party. They have separate roles and clearly defined authorizations, which are linked to their procedural position. In order to achieve a fair and lawful trial, legislator gave them also several obligations which they have to fulfill to each other. Their mutual obligations mostly have to deal with the exchange of evidences, acquaintance with names of witnesses that shall be proposed to main trial, the aim of presenting an alibi etc. The importance of performing on time such obligations is diverse. This approach affects in increasing criminal-procedural efficiency, thorough resolution of a case, respect of human rights in criminal procedure etc. During the preparation of this article I have used dogmatic-legal and comparative methods as well as I have used relevant professional literature.

scholarly journals The position of the injured party in a prosecutorial investigation

2021 ◽  
Vol 93 (1) ◽  
pp. 43-86
Author(s):  
Aleksandar Kvastek
Keyword(s):  
Federal Republic ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
The Public ◽  
Procedure Code ◽  
Injured Party ◽  
The Difference ◽  
The Republic

This paper will analyse the position of the injured party in an investigation conducted by the public prosecutor's office, which was implemented in the Republic of Serbia in 2011. After we have given the definitions of the injured party and the difference with the term victim, as a criminological category, we will discuss whether the Serbian Criminal Procedure Code (2011) takes a step back when it comes to the position of the injured party in criminal proceedings. First of all, the ability of the injured party to become a subsidiary prosecutor was limited, as it was prescribed that the injured party can take over criminal prosecution only after the confirmation of the public prosecutor's indictment, so the opportunity to acts as a subsidiary prosecutor does not exist in the manner in which it existed under the Criminal Procedure Code from 2001 of the Federal Republic of Yugoslavia. Then, we shall demonstrate how the position of the injured party was exacerbated in relation to deferred prosecution, as the injured party cannot submit an objection to the higher public prosecutor to re-examine the decision not to prosecute and the injured party's consent is not needed for this decision. The research conducted among deputy public prosecutors and attorneys for the purposes of this paper confirms the presumption that the Criminal Procedure Code in force downgraded the injured party's impact on the criminal proceedings.

REQUEST FOR NOTIFICATION PURSUANT TO ART. 337A OF THE CODE OF CRIMINAL PROCEDURE – REGRESSION OR STRENGTHENING OF THE AGGRIEVED PARTY’S RIGHTS?

2018 ◽  
Vol VIII (z. 2) ◽  
pp. 79-86
Author(s):  
Agnieszka Gurbiel
Keyword(s):  
Criminal Procedure ◽  
Time Limit ◽  
Criminal Charges ◽  
Injured Party

The new provision of Article 337a, added to the Code of Criminal Procedure (CCP) through the amendment of 2016, pertains to circumstances of which the injured party is to be informed after the indictment is filed with the Court. Article 337a CCP sets out the obligation for the Court to inform the injured party, but only upon the party’s request, of the date and place of the hearing or the Court session on discontinuation of the proceedings under Article 17 § 1 points 2-11 CCP, discontinuation of the proceedings due to the absence of clear grounds for the accusations, conditional discontinuation of the proceedings and conviction without a hearing. This obligation also applies to notifying the injured party – upon the party’s request – of the criminal charges and their legal qualification. The new regulation raises numerous doubts – first, about the format of the request and, second, relating to the absence of a time limit therein within which the injured party should file his/her request for information. The question is also how the Court should inform the injured party of the charges and their legal qualification. Concerns relate to the procedure where the request referred to in § 1 of the regulation has been filed by too high a number of injured parties. The principal uncertainty about the new regulation is quite essential – whether the new regulation fits with the concept of enhancing the rights of the injured party in criminal litigation.

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