Surgical harm, consent, and English criminal law: When should ‘bad-apple’ surgeons be prosecuted?

This article examines the legal principles determining when surgical harm becomes a criminal matter. In England and Wales, and other common law jurisdictions, the criminal law has predominantly concerned itself with fatal medical misconduct via the offence of gross negligence manslaughter. The convictions of two surgeons in 2017 (Ian Paterson and Simon Bramhall), for offences against the person, suggests that police and prosecutors have, for the first time, become willing to prosecute surgeons for non-fatal surgical harm. Understanding when non-fatal surgical harm should be treated as a criminal matter is, however, a complex issue. The medical exception to the criminal law legitimizes consensual and reasonable surgical harm. Thus, the question of what is reasonable and what constitutes valid consent is key to determining the parameters of lawful surgery; however, the principles are perplexing and insofar as they may be agreed and understood, they are arguably unsatisfactory. After examining the cases involving serious surgical harm and analysing the doctrines applied, this article argues for a more patient-centred approach. The focus should be on the nature of the harm to the victim, the behaviour of the dangerous surgeon and whether a violation has occurred, rather than on traditional professional assessments, which are unduly deferential to the medical profession.

Legal assistance in cases of administrative offences and other types of legal assistance

The subject of this research is the Institution of legal assistance in cases of administrative offenses. The author examines the concept, according to which the norms on international legal assistance related to various branches of law (civil procedure, arbitration procedure, criminal procedure, administrative, private international) and reflecting the basic principles of international law, constitute an independent set of norms. The Institute of rendering legal assistance in cases of administrative offences is most similar by the content to the Institution of rendering legal assistance in cases of criminal offences established in the Chapter 53 of the Criminal Procedure Code of the Russian Federation. The comprehensive analysis of these institutions along with the position of the international community on their correlation, contributes to elaboration of ways for their development. The European Court of Human Rights, in the context of correlation of the norms on criminal responsibility in different countries, claims that regardless of whether the act is a criminal offence (France), minor offence (Germany), or administrative offense (Russia), it falls under the category pf  “criminal matter” (criminal sphere), from the perspective that the country is obliged to provide a person with due procedural guarantees if indicted. Considering that the international community understands “criminal matter” as both crimes and offenses, the provisions on rendering legal assistance in cases of administrative offenses can be implemented in accordance with the standards that are effective in providing legal assistance in cases of criminal offences. The latter may include the process of harmonization and unification of international and domestic law, conclusion of bilateral and multilateral agreements between the countries, etc.

Analysis of the Kuala Kapuas District Court Decision Regarding Legal Protection for Children Who Become Victims of Sexual Violence

In Law No. 35 year 2014 about child protection, explained that each child is potential, and the young generation of the nation's successors. The country has a strategic role, so it is obligatory to protect the child from all forms of inhumane treatment that can lead to violations of human rights. One form of human rights violations is sexual violence. This research uses normative research methods with a legal approach as well as a case approach. To analyze whether the fundamental difference of the two judges in the District Court of Kuala Kapuas criminal matter number 164/Pid.Sus/2019/PN. Klk with the participation of the State of Kupang criminal Matters No. 249/Pid. Sus/2019/PN.KPG in the decision to take the case of a criminal lawsuit in child sexual violence. The occurrence of the decision of judge or disparity of judges is not separated from the discretion of the judges and also due to the minimum sanction system and maximum sanctions in the Indonesian criminal system. The consideration of the Tribunal judges gave a 14-year criminal verdict against the defendant Armayansyah, considering that the defendant was a lecturer or teacher in the victim's school and the age of the victim who still stepped on 13 years.

LEGAL NATURE AND MAIN PROCEDURAL DETERMINANTS OF CRIMINAL PROCEDURE IN BOSNIA AND HERZEGOVINA

In this paper, the authors analyse the legal nature of criminal procedure in Bosnia and Herzegovina, with the special emphasis on reform processes of criminal procedure legislation and adoption and acceptance of new legal solutions over the past two decades, acknowledging the aspiration for effectiveness and protection of basic human rights and freedoms. For the purpose of effective criminal procedure, it identifies the main and secondary actors in criminal proceedings whose role is crucial from the aspect of shedding light on and resolving a certain criminal matter, as well as issuing a judicial decision. To that end, the role and importance of those actors in taking procedural actions to carry out a criminal procedure task is emphasised for the purpose of understanding the legal nature, structure and course of the criminal procedure, and achieving the scope of legally prescribed rights of the suspect, that is, the defendant. In addition, special attention is paid to the specific procedural situation and status of an underage person in the criminal law as the perpetrator and injured parties in a criminal case, taking into account their age as the basis for the differentiation and protection in relation to adults.

Crimination and Solution of Criminal Matters in the Criminal Proceedings of Bosnia and Herzegovina - a Division Between Normative and Actual

In this paper, the central part presents the solution of the criminal-procedural task, that is, the clarification and solution of a specific criminal matter in criminal proceedings of Bosnia and Herzegovina by criminal-law entities, with special attention to restrictive legal conditions of a criminal-procedural nature, as well as certain problems and dilemmas of a practical nature. The extremely dynamic development of modern criminal procedural law in the last two decades is also characterized by the adoption of new criminal procedural solutions with a pronounced tendency of humanization, which directly relates to the catalog of the rights of the suspect or accused person. In order to understand the nature of the criminal proceedings, the conceptual determination and differentiation of the criminal matter as the main subject of the criminal proceedings was made to the criminal matter in an unfair and fair sense, with reference to the practical aspect of the efficient conduct of the criminal proceedings and the illumination and settlement of the criminal matter, respecting the standards of proof. Given the nature of the criminal proceedings, in addition to the criminal matter as the main case, other secondary or ancillary issues are included which do not constitute a criminal offense but relate to the criminal matter (property claim, so-called prejudicial or preliminary issues and costs of the proceedings).

The Client

This Chapter attempts to give some guidance to those dealing with a client in a criminal matter. It is intended to be of assistance to those who are embarking upon, or are relatively new to practice, as the matters in this particular Chapter will be familiar to a practitioner with some experience. It is not geared particularly to either barristers or solicitors, but takes certain situations where the tasks to be performed and the instructions to be sought are common to both branches of the profession. For ease of presentation it is presented from the point of view of the defence lawyer, but the points made are easily transferable to those who are representing the prosecution.

PERANAN NOTARIS SEBAGAI SAKSI (SYÂHID) TERHADAP SUATU PERBUATAN MELAWAN HUKUM YANG DILAKUKAN PIHAK DALAM AKTA NOTARIS (Studi Perkara Nomor 269/Pid.B/2015/PN.PDG)

<em>Notary is one of the general officers authorized to create an authentic deed and other authorities as intended in the law. Notary can be called as a notary as a witness, suspect and accused in the event of an act against the law of the Outentic deed made in a notary public. The problem in this writing is 1) the role of notary as a witness against the deeds of the law committed by the parties in Notarial deed and 2) the judgment of judges in the verdict No. 269/Pid. B/2015/PN. PDG about the role of notary as a witness against the deeds of the law committed by the party in notarial deed. The research method used is a method of normative juridical approach empirical. The result of the study of notarial roles as witnesses of the Act against the law by the party in notarial deed came to fulfill the call as a witness in the interest of an investigation, a notary called for investigation Must be approved by the notary Honorary assembly and give information on what is provided by the Parties both oral and written in writing. Notary is called and needs his presence in the examination of criminal matters, in capacity as a general officer who makes authentic deed, it is necessary for his testimony of what is seen, heard and supporting evidence in the creation of authentic deeds The criminal matter, 2) the judgment of judges in the Decree No. 269/Pid. B/2015/PN. PDG about the role of notary as a witness against the deeds of the law conducted by the party in Notarial deed is a notary only as a witness called the court to be heard his description of the conduct of the law Done by the defendant is about the forgery of the SS signatures to make the letter of authorization selling and besides notary also called a witness from the notary party who is a witness in the making of the selling power deed.</em>

Tinjauan Yuridis Pertimbangan Hakim Dalam Menjatuhkan Sanksi Terhadap Pelaku Tindak Pidana Kelalaian Lalu Lintas yang Menyebabkan Hilangnya Nyawa Orang (Studi Kasusu No. 154/PID.B2015/PN.PW)

High rates of traffic accidents (lakalantas) on its own if it is from a lack of public awareness in this respect motorists with a variety of factors. This type of research uses qualitative Analysis is the analysis of kualititif data against verbal and descriptive data are thought by describing the real circumstances from the object which will be discussed with formal and juridical approach refers to the concept of doctrinal law. Qualitative data are described by words or sentences split by category to derive the conclusion. The research results showed that the basic consideration of the judge in the criminal matter Number ruling dropped 154/Pid. B/2015/PN. Pasarwajo that is based on the fact the cause of the occurrence of the case i.e. belongs to a criminal act or omission with the evidentiary culpa at least two valid instrument of evidence, namely the description of witnesses, exhibits, letters of visum et repertum and description of the defendant. The advice of the author are the judges should be more sence to see the facts of what occurred at the time of the trial, therefore from the fact such arise, leading to the conviction of the judge that the accused may or may not are convicted and the judge must be more thorough and meticulous in disconnected matter, bearing in mind the letter ruling which is binding. It also must have knowledge or science of law well, is not only legal, but also a formal legal material in order not to wrong in dropping the verdict for a case.

Argumentation – Evidentiary Procedure in Criminal Proceedings

The continuous increase in criminal activities in all countries, namely the offences which undermine the interests of contemporary societies, call for the need to fight them in a more successful manner. In this way, the country through its mechanisms detects the criminal offences, the criminal liability and imposes the meritorious sanction to the perpetrators of such criminal offences, in full compliance with the danger caused by them. However, the court and other parties in the proceedings (Prosecution, Lawyer, Victim’s Advocate) in any case before the sanction is imposed, are involved in a complicated evidentiary proceedings related to the grounded suspicion that such offence was a criminal offence, the special mitigating and aggravating circumstances, that the person involved was conscious, that he committed the offence intentionally or negligently, his mental state, etc. All these have to be supported by facts through conclusive pieces of evidence. In parallel with the overall development of science and technology, the evidentiary procedure has evolved and it provides a greater possibility to argue our facts. This paper shall make efforts to highlight some of the most important issues related to the evidentiary procedure, such as: What is the evidence? What evidence should be provided in a certain criminal case? What is the importance of the evidence in a criminal matter? What should be the credibility and the evidentiary value of a piece of evidence? The research done in this paper shall apply the analytical method and the paper shall also include the conclusions that were reached as well as the recommendations.

Corruption – Development of Criminal Matter in Slovakia, Criminal Liability of the Government Entities and Legal Persons

In the countries from central Europe we can find corruption not only on high level but also in low level called "less serious corruption". However, this corruption is spread in all parts of the society. It causes that almost all citizens of these regions have already had experiences with concrete and not official, but essential payments in diverse fields, for instances: in health services, educational system etc. Next problem is that the fight against corruption is very difficult because many employees of police, justice and plaintiff who would have to take the responsibility of corruption are often people who are the most influenced by it. Considering the weight of this circumstances we can say about necessity of restructualization in the state for the purpose of more effective fight against the corruption.