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Changes in the legal regulation of criminal proceedings under martial law
Published 2023-06-01“…This has led to relevant amendments and additions to a number of legal acts, including criminal procedure legislation. The rules governing pre-trial investigation and court proceedings under martial law have also been amended. …”
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62
A Challenge to Systematic and Undifferentiated Data Collection Through Strategic Litigation: The Passenger Name Record Case (Ligue des Droits Humains) Before the Court of Justice o...
Published 2024-08-01“…At a time when the European Union and its Member States are constantly adopting measures to combat serious crime and terrorism, particularly through the prism of data protection rules, the CJEU is acting as a bulwark by imposing compliance with strict conditions, thereby encroaching on national rules of criminal procedure, which are initially the responsibility of the Member States. …”
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63
Politiets infiltration på digitale platforme – set i et menneskeretligt perspektiv
Published 2019-02-01“…These considerations on infiltration may also be relevant to matters of criminal procedure in, inter alia, Norway and Sweden, as police infiltrations in these neighboring countries also take place without specific statutory regulation.…”
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64
La représentation des individus d’une espèce animale devant le juge français
Published 2015-09-01“…To give effect to this protection, the Code of Criminal Procedure allows animal welfare associations to exercice civil action to defend the interests of animals victims of such offenses. …”
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65
The Service of Documents in Administrative Procedural Law – A Comparative Analysis
Published 2018-11-01“…In Slovenia, service is largely defined by the three main procedural laws – the General Administrative Procedure Act, the Criminal Procedure Act, and the Contentious Civil Procedure Act. …”
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66
Aspek hukum keperdataan terhadap pemenuhan hak restitusi dalam perkara tindak pidana
Published 2023-03-01“…The results of the research show firstly that the practice of enforcing criminal law based on Law Number 8 of 1981 concerning the Criminal Procedure Code as a formal law still emphasizes "retributive" forms of justice. …”
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67
The Protection of the Defendant’s Rights in Criminal Trial by Default — From the Perspective of Due Process
Published 2023-03-01“…Due to the change of the traditional procedural structure of the complete three parties of prosecution, defense and trial, criminal trial in absentia may result in the neglect of the rights protection measures due to the absence of the defendant in trial, and thus further impacts several principles and norms under the due process. Based on the criminal procedure system and even the reform of the entire judicial system, the discussion on the criminal trial in absentia should not be confined to the basic frame of normal bench trial paradigm by due process, the possible adverse consequences should not be taken as the inevitable argument for criticizing the system, but rather a rational and neutral position, return to the original point of the system, seek the basic principles involved in the criminal trial in absentia, and respond to many doubts that the absent defendant’s rights are bound to fall, and thinking dialectically on this basis, from the two dimensions of system function, value presetting and perfection of existing specifications, deduces and sums up the internal logic of this system in its normative construction, system operation and internal and external harmony, focusing on strengthening the rights protection of the defendant at the times.…”
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The power of the prosecution to modify criminal charges and the implications for the defendant's position
Published 2024-01-01“…Two potential solutions to this problem exist: the prosecution loses the case or is allowed to modify the charges. In Slovenian criminal procedure, the prosecutor is granted the authority to modify the charge during the trial. …”
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69
The specifics of criminalistic activity in criminal judicial process
Published 2017-04-01“…The criminalistic activity in criminal judicial process is a complex of purposeful and regulatory proving activities performed by court (judge) and professional participants of the process, such as state prosecutor and defender (Art. 85 of the Criminal Procedure Code of the Russian Federation), by using criminalistic means, methods, and technologies. …”
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70
Some peculiarities of organising the interrogation of a juvenile (minor) victim under martial law
Published 2023-12-01“…Based on the analysis of the Code of Criminal Procedure and the scientific work of scholars and practitioners, it has been established that criminal justice for juveniles (minors) should be structurally separated from adult justice, carried out in different forms, and should include their social and psychological support and rehabilitation. …”
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71
CRIMINALISTIC SUPPORT OF CRIMINAL PROSECUTION AS A COMPONENT OF THE CONCEPT OF THE STATE’S CRIMINAL POLICY IN THE SPHERE OF COMBATING CRIME
Published 2024-12-01“…Any model of criminal procedure is designed to reflect the conceptual provisions of the state’s criminal policy at a certain stage of its development. …”
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72
Le microphone dans la balance : espaces et enjeux sonores des procès historiques des attentats de Paris et de Nice
Published 2024-10-01“…Finally, it is necessary to examine the stages of creation of the web radio, intended for civil parties, characterized in particular by a modification of the law and the code of criminal procedure.These first elements lay the foundations for a reflection on listening to historical terrorism trials without which the analysis of the content of the debates, which will be done elsewhere, would be biased.…”
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73
Differentiation of Documented and Justification of Judicial Opinions
Published 2024-06-01“…Given that the observance of this principle has been emphasized in the constitution, civil and criminal procedure, and even as an accepted principle in quasi-judicial authorities, such as the law on handling administrative violations, the law on handling violations of the armed forces, and the tax law. is, the analysis of the nature of the words documented and substantiated to explain the difference between the two in order to resolve some ambiguities is considered one of the goals of this article. …”
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74
Procedural status of participants in criminal proceedings as a means of securing rights and legitimate interests
Published 2023-07-01“…A comparison of this definition with specific norms of the Criminal Procedure Code of Ukraine, which refer to participants in criminal proceedings, shows that the law includes not only persons involved in criminal proceedings, but also the subjects of criminal procedural activity themselves, i.e. officials and bodies that conduct (investigate) criminal proceedings, etc. …”
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75
Standardisation of prof by investigating judges when exercising their powers to consider requests for permission to conduct procedural actions
Published 2023-07-01“…Based on the modern achievements of the national science in criminal procedure and the development of the theory of evidence in criminal proceedings, in particular, its standardization, the author examines the theoretical prerequisites for standardization of evidence by an investigating judge when considering requests for permission to conduct procedural actions. …”
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Problems of the conceptual and terminological apparatus of the procedure for initiating forensic examination in criminal proceedings
Published 2024-03-01“…The provisions of the current criminal procedural legislation regarding the procedures for initiating forensic examinations have been analyzed. …”
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77
Legal Regulation of the Activities of the Bodies of the National Police of Ukraine on Ensuring the Exercise of the Right to Freedom of Peaceful Assembly
Published 2019-09-01“…The article examines the legal acts, namely the Law of Ukraine “On the National Police”, the Criminal Procedure Code of Ukraine, the Resolution of the Cabinet of Ministers of Ukraine, as well as the departmental regulatory acts of the Ministry of Internal Affairs of Ukraine, the Head of the National Police of Ukraine regarding the right to exercise the right to freedom of peaceful assembly. …”
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Problematic Issues of Guaranteeing Property and Personal Non-Property Rights of Victims within Criminal Proceedings
Published 2021-03-01“…The author has studied the issue of the genesis and introduction into the national criminal procedural legislation of the provisions on guaranteeing and implementing personal non-property rights (moral damage) by victims. …”
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Peculiarities of appointing and conducting forensic examinations under martial law
Published 2023-07-01“…It has been proved that criminal justice is a procedure regulated by the norms of current criminal procedure legislation for the activities of specially authorized subjects (bodies of inquiry, preliminary investigation, prosecution, etc.) to determine the circumstances relating to the commission of criminal offences, conduct pre-trial investigation, hold court hearings, render decisions and impose punishment for criminal offences. …”
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Information and telecommunication system of pre-trial investigation: international experience and ways of implementation
Published 2021-12-01“…In addition, on December 15, 2021, the Law of Ukraine "On Amendments to the Criminal Procedure Code of Ukraine on the introduction of information and telecommunications system of pre-trial investigation" came into force, the provisions of which should regulate the procedure of electronic criminal proceedings. …”
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