The concepts of truth and their implementation in the criminal proceedings of the common law and continental law systems
Conformity of the conclusions of the pre-trial investigation bodies and the court about the facts of the criminal proceedings, which they reached on the basis of the evaluation of the collected evidence. The essence of the Romano-Germanic legal family.
Подобные документы
Complicity - the institution of criminal law, known to the legislation of all countries of the world. The causal relationship of an act with a criminal outcome - a criterion of the criminal legal significance of the actions of individual accomplices.
статья, добавлен 23.06.2022The analysis of biometric personal data, which is proposed to be considered as a source of information about a person and used during pre-trial investigation of criminal offences. The place of biometric personal data in the criminal record system.
статья, добавлен 26.07.2022The structure of the forensic characterization of criminal offenses related to domestic violence, which is the beginning for the creation of a methodology for their investigation. The systematicity of committing violent acts in the family circle.
статья, добавлен 26.07.2023The possibility of using information technology in courts can be called a novelty and a progressive innovation in Ukraine. Factors of increasing the efficiency of openness and transparency of justice, reducing court proceedings and procedural deadlines.
статья, добавлен 12.09.2022Introduction of the institute of procedural management of pre-trial investigation. Conducting an analysis of its principal historical and legal genesis for a clear understanding of the place and role of the prosecutor in the modern criminal process.
статья, добавлен 04.12.2022Analysis the problem of restrictions to the principle of objective truth in administrative proceedings in view of evidentiary bans. The ban on priest’s interrogation about the facts he or she found out during confession is absolute and with no exceptions.
статья, добавлен 27.10.2020The coverage of problematic issues of interaction between bodies and units of the National Police during the disclosure and investigation of criminal offenses. Creation of a modern effective system of forensic support of interaction between police units.
статья, добавлен 06.08.2023Legal means of settlement of disputes and conflicts in Poland. A study of court proceedings resulting in a settlement agreement concluded in the presence of a mediator. Evaluation of the results of the application of judicial mediation in civil cases.
статья, добавлен 17.01.2023Logical structure of indirect evidence, characteristics of their types. Typical logical errors that can occur when proving the facts and circumstances of a committed crime using circumstantial evidence. The dual essence of procedural indirect evidence.
статья, добавлен 28.07.2022Features of defining terms in the legislation of Ukraine. Analysis of some definitions of the term of rehabilitation of persons unlawfully prosecuted. State responsibility to a person in criminal proceedings. Characteristics of the rehabilitation process.
статья, добавлен 10.09.2022Clarification of the essence and content of the concept of "punishment." The goals and functions of the institution of criminal law. Determination of specific features of legal phenomena and criminal offenses with the help of philosophical categories.
статья, добавлен 25.08.2021The significance and role of the interpretation by the European Court of Human Rights of certain categories enshrined in the European Convention for the Protection of Human Rights. Study of the concepts of "criminal charge", "severity of punishment".
статья, добавлен 29.10.2021Analysis of the procedural aspects of the fixation and analysis of electronic traces of a crime. Consideration of the history of the establishment of the institution of electronic evidence. Working with electronic evidence in criminal proceedings.
статья, добавлен 05.12.2022International associations of criminal police and forensic experts. Organization of the fight against crime, cooperation in the field of forensic examinations. Use of forensic and specialist knowledge in decisions of the International Criminal Court.
статья, добавлен 26.06.2022Features of improving the activities of pre-trial investigation and judicial review. The procedure for assessing the reliability of expert conclusions, the need to introduce new forms and approaches to assessing the reliability of expert conclusions.
статья, добавлен 28.09.2021Dialectical approaches and sampling methods like the basis of the Law of Ukraine "On Enforcement of Judgments and Application of the Judicial Practice of the European Court of Human Rights". The national criminal procedural “algorithm of actions”.
статья, добавлен 27.06.2022Criminal legal terms and concepts that define the scope of intellectual property. The specifics of the phenomenon, the qualification of the crime and the conditions for its commission. Elimination of double interpretation in the definition of a crime.
статья, добавлен 02.03.2021The basic concepts of the institution of State secrets in the criminal legislation of Ukraine as well as certain norms that provide criminal legal protection of State secrets in Ukraine have been analysed. improve the legislation on state secrets.
статья, добавлен 08.03.2021The essence of the concept of family violence, the signs of its commission, entailing criminal liability. Physical, sexual or psychological abuse against women. Legal liability for domestic violence to protect the rights and freedoms of man and citizen.
статья, добавлен 21.11.2022The brief theoretical and practical guidance on how to approach the Court’s case-law. Explanations as to doctrinal views on the "weight" each piece of the Court’s jurisprudence. Language difficulties, common and continental law tradition elements in it.
статья, добавлен 05.04.2019The generalization of domestic law enforcement practice in criminal proceedings regarding the application of compulsory psychiatric care. The analysis the specific features of applying precautionary measures to a person suffering from a mental disorder.
статья, добавлен 14.09.2021The study examined the legal foundations of criminal OSINT based on international and domestic regulators. The use of criminal OSINT as part of the disclosure of crimes committed in cyberspace or with the help of computer and information technologies.
статья, добавлен 24.01.2022- 123. Pre-judicial investigation in the Republic of Kazakhstan: in search of a model of legal proceedings
Justification of the authors' position in the context of modernization of pretrial investigation in the Republic of Kazakhstan. Demarcation of powers and areas of responsibility between law enforcement agencies, the prosecutor's office and the court.
статья, добавлен 16.11.2022 Application of precautionary measures against persons subject to criminal proceedings with the use of coercive medical measures in accordance with international standards. The problem of choosing precautionary measures for a person with mental disorders.
статья, добавлен 16.06.2022Study of the mechanism of realization of the criminal legislation as the integral fact having certain components. Defining the rights and responsibilities of the subjects, what the implementation is aimed at and what is laid down in the criminal law.
статья, добавлен 11.09.2020