Experts, translators, professionals (Chap. 22 CCP) after amendment. Selected issue

2015 ◽  
Vol 290 ◽  
pp. 75-80
Author(s):  
Kazimierz J. Pawelec
Keyword(s):  
Burden Of Proof ◽  
Criminal Procedure ◽  
Criminal Trial ◽  
Special Importance ◽  
General Part

The last big revision of the code of criminal procedure introduced many changes to chapter V of the Code of Criminal Procedure dealing with evidence. These changes also did not circumvent Chapter 22 containing regulations regarding experts, professionals and translators. They are not particularly important, but in conjunction with any changes in the general part of criminal procedure including the rules on burden of proof, probative process, amended rules regarding the benefit of the doubt, probative preclusion and others, acquire special importance. This was also the basic issues of this publication, especially since a criminal trial is not devoted exclusively to sentencing, but rather, above all, reaching the material truth. Now, increasingly, it is necessary to use procedural authorities with the help of experts and specialists. Likewise, the parties cannot remain indifferent to the huge improvement, in all fields of knowledge, and therefore the use of expert assistance becomes a necessity for them.

scholarly journals ACTUAL QUESTIONS ABOUT INVESTIGATOR'S WORK IN LATVIAN CRIMINAL PROCEDURE

2017 ◽  
Vol 3 (80) ◽  
pp. 39
Author(s):  
Marina Sumbarova
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Educational Process ◽  
Criminal Trial ◽  
Criminal Trials ◽  
Criminal Procedure Law

In this article author considers the questions connected with activity of the investigator at investigation of crimes, gives the characteristic of his procedural activity, defines his legal status in Latvian criminal procedure, characterizes important functions that this participant of criminal trial has. Along with consideration of a legal status of the investigator in criminal trial of Latvia, the analysis of the relevant procedural characteristics connected with investigation of criminal trials has determined the scientifically based directions in modern educational process of Latvia by training of specialists lawyers and, in particular, investigators. As a results of a research are given offers to change separate standards of the Criminal procedure law.

Criminal Law and Procedure

Japanese Law ◽  
2021 ◽  
pp. 450-466
Author(s):  
Hiroshi Oda
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Special Part ◽  
General Part ◽  
Basic Concepts ◽  
The Law ◽  
Terrorist Acts

The primary statute of criminal law in Japan is the Criminal Code of 1907. There are various separate laws which provide for specific crimes, generally denoted as ‘special criminal laws’. Some offences were added by way of such special laws in the recent years including the law against terrorist acts of 2019. The The Criminal Code is divided into the General Part and the Special Part. The former lays down the general principles and basic concepts of criminal law such as intention, negligence, attempt, accomplice, etc. The latter lists specific offences. Constitution guarantees the rights of defendants and suspects. Criminal procedure has become much more transparent, and better protection is given to suspects.

scholarly journals Delayed Justice - Macedonian Experience With Guilty Plea And Sentence Bargaining

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 99-110
Author(s):  
Boban Misoski
Keyword(s):  
Burden Of Proof ◽  
Criminal Procedure ◽  
The Other ◽  
Practical Implementation ◽  
Bargaining Process ◽  
Guilty Plea ◽  
The Public ◽  
Legal Provisions ◽  
Weak Points ◽  
The Impact

Abstract Bearing on mind the idea of the proverb “Justice Delayed is Justice Denied” Macedonian Legislator within the new Code of Criminal Procedure (CPC) has introduced several legal mechanisms for accelerating the criminal procedure. The most important instruments among them, by all means, are the Guilty Plea and Sentence Bargaining. In this article, the author elaborates the practical implementation of these CPC’s provisions and performs analysis of its implementation by the Basic Court Skopje 1 in Skopje, as the biggest and most caseload-burdened court in Macedonia, and by the Public Prosecution Office in Skopje. The analysis discovered several weak points, which should be properly addressed, both through theoretical scrutiny and through introduction of amendments to the CPC or through production of a general opinion by the Supreme Court. Only through these amendments to the legal provisions of the CPC can be expected to have improved court practice in a manner which would accentuate the real/just benefits of these instruments for accelerating of the criminal procedure. Several conclusions and suggestions for improvement or specific issues, which were determined as problematic were developed, such as: tackling the impact of a guilty plea by one of the codefendants to the other codefendants who did not plead guilty; treatment of the altered statement by one of the codefendants during the plea agreement and its use against the other codefendant; and the burden of proof and amount of evidence which is necessary to support the sentence bargaining process.

scholarly journals Crime Stories: Posnerian Pragmatism, Rawlsian Pure Procedural Justice, and the Fictional Problem

2004 ◽  
Vol 9 (2) ◽  
pp. 644-654 ◽  
Author(s):  
John R Morss
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Procedure ◽  
Criminal Trial ◽  
Double Jeopardy ◽  
Past Event ◽  
Crime Stories

[There are many different ways in which law and truth may be said to be related. It is perhaps in the criminal trial that connections between them are of most signifi- cance. An orthodox way of describing a criminal trial is that the criminal procedure is seeking to establish the truth concerning some past event, and that success of the procedure is measured by how close its outcome converges with that truth. Crimi- nal justice presents the community with challenging dilemmas in this regard, such as those arising from the notion of double jeopardy. This paper discusses the Rawl- sian notions of ‘imperfect’, ‘perfect’ and ‘pure’ procedural justice, and suggests against Rawls that it is pure procedural justice that best represents what we want from a criminal justice system. Good procedure makes good criminal law. A com- parison is made with the writings of Habermas and Posner, and given that pure procedural justice eschews transcendental truths, some brief comments are made on the convergence of that position with the realm of the fictional.] 

scholarly journals About an Ethical Interpretation of the Law. Resolution of the Civil Action during the Criminal Trial

2020 ◽  
Vol 4 (1) ◽  
pp. 31-43
Author(s):  
Florin Octavian Barbu ◽  
◽  
Claudiu Gabriel Neacșu ◽  
Keyword(s):  
Social Ethics ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Criminal Trial ◽  
Criminal Investigation ◽  
Civil Justice ◽  
Criminal Proceedings ◽  
Civil Action ◽  
Current Regulation ◽  
Procedure Code

From the provisions of art. 25 para. 1 and art. 397 para. 1 of the Criminal Procedure Code, as in the previous regulation, it results that the legislator took into account an element not only of civil justice, but also of social ethics, when it was established that the criminal court also rules, through the same decision, on the action civil. Basically, the two provisions stated above express the same idea, although this repetition was not absolutely necessary. From the current regulation of solving the civil action during the criminal trial, we notice that the legislator has maintained a series of general principles such as: cases of ex officio settlement of the civil action, dependence of the civil action on the way the criminal action is settled, the disjunction of the civil action from the criminal proceedings, the failure to resolve the civil action as a distinct procedure from that of admitting or rejecting the civil action, resolving the civil action only by the court, and the interdiction to resolve it during the criminal investigation, which, however, were adapted to a new legislative vision.

scholarly journals Hung out to dry? Questioning the legality of Southland baby-farmer Minnie Dean's 1895 murder trial and execution

2021 ◽  
Author(s):  
◽  
Sophie Davis
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Death Penalty ◽  
Criminal Procedure ◽  
Criminal Trial ◽  
Legal Standards ◽  
Murder Trials ◽  
Murder Trial ◽  
The Moment ◽  
To Receive

<p>In 1895 Minnie Dean became the only New Zealand woman to receive the death penalty. In the Invercargill Supreme Court she was found guilty of the murder of Dorothy Edith Carter, a child Minnie had recently adopted, who was found buried in her garden alongside two other infants. Branded a vindictive baby-farmer, Minnie Dean was widely condemned by the New Zealand press and public during the four months between her arrest and execution. This paper will assess whether, amongst the mania, Minnie was afforded a fair criminal trial and sentencing. It will be argued that while Minnie’s fate was largely predetermined from the moment of her arrest, against 1895 legal standards, correct criminal procedure was generally followed. Despite this, when comparing her trial and sentencing with contemporaneous murder trials, it is evident that Minnie Dean received no procedural clemency.</p>

scholarly journals Hung out to dry? Questioning the legality of Southland baby-farmer Minnie Dean's 1895 murder trial and execution

2021 ◽  
Author(s):  
◽  
Sophie Davis
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Death Penalty ◽  
Criminal Procedure ◽  
Criminal Trial ◽  
Legal Standards ◽  
Murder Trials ◽  
Murder Trial ◽  
The Moment ◽  
To Receive

<p>In 1895 Minnie Dean became the only New Zealand woman to receive the death penalty. In the Invercargill Supreme Court she was found guilty of the murder of Dorothy Edith Carter, a child Minnie had recently adopted, who was found buried in her garden alongside two other infants. Branded a vindictive baby-farmer, Minnie Dean was widely condemned by the New Zealand press and public during the four months between her arrest and execution. This paper will assess whether, amongst the mania, Minnie was afforded a fair criminal trial and sentencing. It will be argued that while Minnie’s fate was largely predetermined from the moment of her arrest, against 1895 legal standards, correct criminal procedure was generally followed. Despite this, when comparing her trial and sentencing with contemporaneous murder trials, it is evident that Minnie Dean received no procedural clemency.</p>

scholarly journals Reforming Scottish Criminal Procedure: In Search of Process Values

2017 ◽  
Vol 4 (2) ◽  
pp. 167
Author(s):  
Pamela R. Ferguson
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Moral Authority ◽  
The State ◽  
Criminal Trial ◽  
Wrongful Conviction ◽  
Wrongful Convictions ◽  
Illegal Migrant ◽  
Fact Finding ◽  
Normative Account

Recent proposals to reform Scottish criminal procedure are motivated by considerations of efficiency and accurate fact-finding, and there is little attempt to offer a normative account. This paper describes these proposals and contends that their emphasis on finding ‘the truth’ is misplaced on two distinct bases: (1) it equates erroneous acquittals to wrongful convictions, thus fails to uphold a fundamental tenet of criminal procedure, namely the particular importance of protecting the innocent against wrongful conviction; and (2) it fails to recognise the importance of non-instrumental process values which are at the heart of the adversarial criminal trial.  The paper suggests that it is only by adhering to these process values that the state maintains – and demonstrates that it maintains – its moral authority to condemn and punish offenders.Key notes: Return Directive, entry ban, illegal migrant, criminal law sanctions, crimmigration, expulsion.

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