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Legal protection of witnesses and victims in criminal cases is an important aspect of the Indonesian criminal justice system. This is due to the crucial role of witnesses and victims in assisting law enforcement and achieving justice for victims. However, legal protection for witnesses and victims in Indonesia still has weaknesses, with many cases remaining undisclosed due to a lack of adequate evidence. This study aims to analyze normative ideas regarding legal protection for witnesses and victims in criminal cases. The research method used is the normative juridical method. The data collection technique in this study involves a literature study. The data analysis used in normative law research is qualitative analysis. The results of the study show that normative ideas are needed to strengthen legal protection for witnesses and victims in criminal cases. These ideas include strengthening the legal foundation through expanding the scope of protection, strengthening protection institutions, increasing public awareness, reforming the criminal justice system that focuses on developing a victim-centered justice system, and the use of technology in legal protection for witnesses and victims. Through the strengthening of legal protection, it is hoped that witnesses can give important testimony without fear, which ultimately supports the creation of a fair legal system and provides effective legal protection for all Indonesian citizens. [ABSTRACT FROM AUTHOR]

In criminal proceedings, offenders are sentenced based on doctrines of culpability and punishment that theorize why they are guilty and why they should be punished. Throughout human history, these doctrines have largely been grounded in legal-policy constructions around retribution, safety, deterrence, and closure, mostly derived from folk psychology, natural philosophy, sociocultural expectations, public-order narratives, and common sense. On these premises, justice systems have long been designed to account for crimes and their underlying intent, with experience and probabilistic assumptions shaping theoretical discourses on the nature of crimes and offenders' punishability. As scientific discoveries, inventions, and methodologies progressively developed to refine such doctrines and displace long-held assumptions, criminal courtrooms have increasingly witnessed counsels and judges relying on scientific evidence to submit, dispute, or validate claims. For instance, over the last century, criminal courtrooms have selectively admitted neuroscientific models, exams, and insights claiming to revolutionize our understanding of who is culpable and deserving of punishment. Most recently, advancements in epigenetics have promised even more profound challenges to long-standing criminal law doctrines. This article examines the reasons reversibility and inheritability of epigenetic markers might warrant revising culpability and punishment and concludes that epigenetic findings are not yet robust enough to justify such revisions. [ABSTRACT FROM AUTHOR]

In a recent article in this journal, Isaac Taylor warned against the unconstrained use of algorithms as instruments to determine sentences in criminal cases. More precisely, what he argued is that it is important that the sentencing process serves a condemnatory function, and that the introduction of sentencing algorithms threatens to undermine this function. In this reply to Taylor, it is argued that even though his considerations are interesting as they direct attention to the sentencing process and not merely the output of algorithmic sentencing, there are nevertheless reasons to be skeptical of his argument. More precisely, it is argued, first, that it is far from clear that we must accept the basic premise underlying Taylor's argument, namely, that the sentencing process should serve a condemnatory function and, second, that even if this premise is true, it does not follow that the condemnatory element of the sentencing process is undermined by introducing algorithms as advisory instruments at sentencing. [ABSTRACT FROM AUTHOR]

Copyright of Alauddin Law Development Journal is the property of Alauddin Law Development Journal (ALDEV) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Alauddin Law Development Journal is the property of Alauddin Law Development Journal (ALDEV) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Forensic Science & Technology is the property of Institute of Forensic Science, Ministry of Public Security and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The K-9 Unit of the Bali Regional Police is an elite unit specializing in using sniffer dogs to assist in various police operations, ranging from apprehending criminals and detecting narcotics, to search and rescue (SAR) operations. The ability of sniffer dogs to detect narcotics and explosives is crucial in crime prevention and control efforts. In Bali, an international tourist destination, the threat of narcotics smuggling is very high. Specially trained sniffer dogs can quickly identify the presence of these illegal substances in various locations, such as airports, seaports, and entertainment venues. This study aims to identify and analyze the role of the K-9 Unit of the Bali Regional Police in the process of crime disclosure. Through a qualitative approach with a case study method, data were collected through interviews, observations, and literature studies. Through methods of observation, interviews, and literature study, this research is expected to provide a comprehensive and in-depth overview of the role of the K-9 Unit of the Bali Regional Police. The K-9 Unit of the Bali Regional Police has a significant contribution to disclosing crimes by providing technical assistance using sniffer dogs, which have proven effective in crime scene investigation and have a direct impact on solving criminal cases. Factors affecting the effectiveness of this unit include public demand, environmental conditions, and the availability of human and animal resources. To optimize its role, it is necessary to enhance training, facilities, coordination with related parties, and regular evaluation of the unit's performance. [ABSTRACT FROM AUTHOR]

The purpose of this study is to analyze: first, the study of Attorney General Regulation No. 15 of 2020 concerning the termination of prosecution based on restorative justice in the perspective of the criminal justice system in Indonesia. Second, the mechanism for terminating prosecution based on restorative justice based on Attorney General Regulation No. 15 of 2020 has fulfilled the requirements and objectives. This legal research uses a normative juridical approach method. The results of the study concluded that there is a contradiction between the position of Perja No. 15 of 2020 and the justice system in Indonesia. First, it shows that the findings in article 2 of Perja no 15 of 2020 "termination of prosecution based on restorative justice is carried out based on the principles of justice, public interest, proportionality, punishment as a last resort; and fast, simple, and low cost", Second, the mechanism for implementing restorative justice in embezzlement criminal cases consists of a) peace efforts. namely the peace process is carried out voluntarily, by deliberation for consensus, without pressure, coercion, and intimidation b) in the peace process, there are two possible mechanisms, namely rejection or success. The implementation of the peace agreement is divided into two ways, namely: 1) done by returning compensation 2) done by doing something. [ABSTRACT FROM AUTHOR]

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Arab Journal for Scientific Publishing is the property of Research & Development of Human Recourses Center (REMAH) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Persons with disabilities often receive discriminatory treatment, due to their physical and/or mental limitations. The Criminal Procedure Code regulates that people with disabilities can give statements without being under oath and these provisions have reduced the rights of persons with disabilities to obtain their justice rights. The Sexual Violence Crime Law regulates where the statements of witnesses and/or victims of people with disabilities can be under oath. The approach method used in this research is a normative juridical approach that is based on formal regulations, as well as secondary data obtained from library materials in the form of scientific writings and other written sources. This research will illustrate the importance and the implication of the testimony of witnesses and/or victims with disabilities having the same legal force as the statements of witnesses and/or victims without disabilities where the testimony must be followed by the implementation of a personal assessment. [ABSTRACT FROM AUTHOR]

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zeitschrift für Konfliktmanagement is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Money laundering is a serious crime that harms the interests of society, causes economic instability in a country, and is more dangerous than corruption because tracking the flow of money from money laundering will be more difficult. Due to this complexity, asset forfeiture becomes crucial because the approach method used is known as "follow the money." This research reviews asset forfeiture in money laundering from a law enforcement perspective. This research evaluates asset confiscation methods in money laundering cases from a law enforcement perspective, aiming to better protect societal interests and prevent criminals from gaining illicit profits. This research is normative or doctrinal, also known as dogmatic research with a conceptual and legislative approach. The findings indicate that, although asset forfeiture has been regulated through criminal prevention actions based on the Criminal Code and the Criminal Procedure Code, as well as civil and administrative actions based on the Anti-Money Laundering Act, there are still shortcomings in regulations that allow criminals to hide their illegal gains. It has not achieved justice and harms both the country and the victims of money laundering. To ensure crime doesn't benefit perpetrators, it's essential to expand asset seizure regulations by revising the Anti-Money Laundering Act to include civil seizures and cover all crime-related assets. Strengthening protections for innocent third parties is also necessary to uphold justice. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Criminal mediation is viewed as a promising alternative to traditional judicial procedures for resolving criminal disputes, offering a novel approach to alleviating burdens on the judicial system. This study examines the integration of mediation into Emirati criminal legislation, focusing on its potential to improve dispute resolution outcomes and reduce judicial workload. The UAE law has incorporated criminal mediation in the new amendment to the criminal procedures law by Federal Decree-Law No. 38 of 2022. This research aims to elucidate the provisions of criminal mediation and how it is organized within the UAE legal system. Employing an analytical descriptive methodology, the study explores the legal frameworks and procedural nuances of criminal mediation. It demonstrates how it can significantly mitigate the adverse effects on affected parties and decrease the recurrence of criminal behavior. The study recommends establishing a specialized training program for legal mediators, designed to equip them with the necessary skills to effectively handle diverse criminal cases, ensuring that mediation processes are conducted with the highest standards of justice and efficiency. Implementing such training programs would enhance the professionalism of criminal mediation and increase its success rates, contributing to a more effective and humane criminal justice system. [ABSTRACT FROM AUTHOR]

Background: Healthcare corruption poses a significant threat to individuals, institutions, sectors, and states. Combating corruption is paramount for protecting patients, maintaining the healthcare system's integrity, and preserving public trust. As corruption evolves, takes new forms, and adapts to changing socio-political landscapes, understanding its manifestations is critical to developing effective anti-corruption strategies at individual and institutional levels. Objective: The aim was to comprehensively collate the manifestations of different types of corruption in healthcare to illustrate prevailing patterns and trends and to provide policymakers, practitioners, and researchers with practical insights to inform research agendas, regulatory and governance strategies, and accountability measures. Method: We conducted a narrative review of scientific articles published between 2013 and 2022 using keyword searches in SCOPUS and EBSCO. We utilized the corruption typology proposed by the European Union and Thompson's Institutional Corruption Framework to systematically identify manifestations across different corruption types. The Prisma scheme was employed to document the selection process and ensure reproducibility. Findings: Bribery in medical service provision was the most frequently investigated form of corruption, revealing rather uniform manifestations. Misuse of high-level positions and networks and institutional corruption also received considerable attention, with a wide range of misconduct identified in institutional corruption. Extending the analysis to institutional corruption also deepened the understanding of misconduct in the context of improper marketing relations and highlighted the involvement of various stakeholders, including academia. The pandemic exacerbated the vulnerability of the healthcare sector to procurement corruption. Also, it fostered new types of misconduct related to the misuse of high-level positions and networks and fraud and embezzlement of medical drugs, devices, and services. Conclusions: The review spotlights criminal actions by individuals and networks and marks a notable shift towards systemic misconduct within specific types of corruption. The findings highlight the necessity of customized anti-corruption strategies throughout the healthcare sector. These insights are crucial for policymakers, practitioners, and researchers in guiding the formulation of legal frameworks at local and global levels, governance strategies, and research priorities. [ABSTRACT FROM AUTHOR]

AbstractSurvivors of sexual violence often experience short-and long-term mental and physical health conditions due to the victimization. Rape Crisis Centers are community-based advocacy organizations that provide free supportive services to survivors of sexual assault, such as 24-hour crisis hotlines, medical advocacy, individual and group therapeutic services, and victim advocacy services for those with cases within the criminal justice system. However, the efficacy of these services in assisting survivors is not well known, often due to researchers’ lack of access to clients. In this paper, we investigate the experiences of survivors directly from the survivors receiving psychotherapy services from a Rape Crisis Center in an urban jurisdiction in the Midwestern United States. We qualitatively interviewed nine survivors who attended individual and/or group therapy. In-depth analysis showed that four themes emerged regarding their experiences. Two themes pertain to positive outcomes—emotional processing and group therapy dynamics. One theme concerns obstacles. The final theme relates to suggestions for service improvement. The discussion includes summaries of the reflective findings and recommendations for future practice. This research contributes to informing and improving practices and policies to better serve survivors of sexual assault. [ABSTRACT FROM AUTHOR]

In the 19th century, one of the reforms carried out by the Ottoman Empire was in the field of criminal law. In 1840, 1851 and 1858, penal codes were drafted one after the other. Simultaneously with these laws, councils and regular courts were established to hear and adjudicate criminal cases. The fact that the murder cases, which are the subject of this study, are related to both personal and public law has brought about the functioning of the sharia and regular courts at the same time in these cases. The dualist structure of Ottoman criminal law came into play at this stage. The fact that these courts would hear the same cases according to their own procedural laws could lead to different outcomes from the two courts. This study analyzes the cases of women guilty of murder in the sharia and regular courts and examines the consequences of this dualistic structure. One of the problems of the study is whether gender creates an advantage or disadvantage in the punishment of women. The conditions under which the sentences of women sentenced to retribution or capital punishment were pardoned or commuted and what this dualistic structure meant for death row inmates are also among the issues discussed in this study. The main sources of the study are the documents obtained from the Ottoman Archives. In this context, it has been tried to analyze the issue by evaluating the legal literature of the period and current academic studies. [ABSTRACT FROM AUTHOR]

The author analyses the right to a public hearing in criminal cases in the light of the development of communication technology, the media, and the digitalization of courts. After a presentation of the current Strasburg standards he shows the competing values and the need for balance. He presents the possible solutions of preserving the right in relation to traditional hearings, hybrid hearings, virtual hearings, and online courts. It is argued that the development of different forms of remote hearings changes the perception and implementation of the right to a public hearing and that developments in technology call for limitations on the public character of hearings, rather than for increasing publicity. It was also observed that the Strasburg jurisprudence not only identifies the negative obligations of parties concerning the right, but also requires them to take some positive actions. [ABSTRACT FROM AUTHOR]

This research aims to investigate how the media can influence jurors' decisions in the Jury Court, and what are the ethical, political and legal implications of this phenomenon. Through this analysis, we seek to understand the structure and competence of this court and how media coverage can affect perceptions and evaluation of the evidence presented, in addition to presenting the crucial role of the media in this context. To achieve these objectives, exploratory investigations and a qualitative approach were carried out in bibliographic sources and documentary procedures on the role of the media, structure and competence of the Jury Court and the relationship between both, focusing on the analysis of sensationalist media coverage and its effect on the impartiality of jurors. We verified whether sensationalist coverage of specific criminal cases that were exposed by the media affects the impartiality of decisions in any way. In addition, public opinion was gathered based on the cases identified as having the most media coverage. The results of this research, after analyzing specific cases, found that sensationalist coverage of specific criminal cases can affect the impartiality of jurors, compromising the assessment of evidence presented during the trial, and that there is a need for insights for possible reforms and the creation of preventive policies. [ABSTRACT FROM AUTHOR]

This Article addresses the Federal Rules of Criminal Procedure's unjust impact in the prosecution of Indians in federal court. As the rules of engagement used by federal prosecutors and defense attorneys in federal court when prosecuting Indians under the Major Crimes Act and the General Crimes Act, the Federal Rules of Criminal Procedure differ from those of Civil Procedure with regard to discovery procedures. Specifically, the Federal Rules of Criminal Procedure are unjust because they do not allow defense attorneys to conduct pretrial interviews or depositions of prospective witnesses whose evidence the United States will introduce at trial or use in the process of plea negotiations. Pretrial interviews and depositions prevent a party from being caught by surprise or ambushed in federal court. Unlike federal courts, several tribes in New Mexico provide the mechanism for conducting pretrial interviews of trial witnesses. New Mexico state courts require pretrial interviews. New Mexico's criminal procedural rules are similar to the procedural rules in Florida state courts. The states of Indiana, Missouri, and Vermont require depositions in criminal proceedings. In addition, military courts require depositions. Indians were not involved in the enactment of the Major Crimes Act or the Federal Rules of Criminal Procedure, which have had a significant impact on the lives of Indians, both victims and defendants. This Article argues that the Federal Rules of Criminal Procedure should be modified to require pretrial interviews or depositions to ensure that Indians prosecuted in federal court are not unjustly ambushed. [ABSTRACT FROM AUTHOR]

The starting point of this paper is an outline of the Chinese perspective on the status of the death penalty in international law. According to Article 1 of the Chinese Constitution of 4 December 1982 (revised 2018), the People's Republic of China is led by the Chinese Communist Party and guided by Marxism-Leninism and Mao Zedong Thought and the contributions of other Chinese leaders. Therefore, in the second part of the contribution the relationship between Sino-Marxist ideology and the death penalty is discussed. The third part is dedicated to the death penalty in Chinese legal history. The topic of the fourth part is the death penalty under the PRC's law. In the fifth part, a few aspects of the death penalty considered negative by legal scholars in the PRC are discussed. Finally, it is noted that the death penalty has been abolished in certain regions of the PRC. Not all the nuances and details concerning the death penalty in the PRC could be discussed here, with some simplification proving inevitable. [ABSTRACT FROM AUTHOR]

The book "Restorative Justice. Healing, Transformation, Justice, and Social Peace" by Otmar Hagemann deals with the topic of conflict mediation in criminal cases. The author has been researching and teaching various sociological, criminological, and victimological issues for over three decades. The book provides a comprehensive overview of the subject and includes theoretical derivations as well as application areas of restorative justice. It also addresses questions of victimization, abuse of power, empathy, female criminality, and discrimination in the criminal justice system. The third part of the book is dedicated to conferencing procedures in practice. The text describes various contributions and arguments on the topic of restorative justice. Practical application examples and dialogue procedures are outlined. The focus is on the application of restorative justice in the criminal justice system, both before and after a conviction. Various programs and pilot projects are presented that demonstrate the success of the measures. Additionally, the idea of "restorative prisons" is discussed, and the perspective of abolitionism is taken. Overall, the text is aimed at people who are interested in a world of diversity, humanity, justice, and social peace. [Extracted from the article]

"What mama doesn't know won't hurt her" does not apply in the criminal justice system. To the contrary, the U.S. Supreme Court's holdings in Maryland v. Brady and Giglio v. United States make clear that what criminal defendants do not know may very well hurt them. The Supreme Court has held that criminal defendants are constitutionally entitled under the Sixth Amendment to favorable, material information about government witnesses that may be used to impeach those witnesses. This includes information that may impeach a police officer's credibility. This criminal due process right is crucial because law enforcement officers are routine witnesses at trial; they are often the first on the scene of a crime, have direct access to victims and witnesses, and are usually--if not always--the actors gathering the evidence that will form the foundation of the prosecutor's case. The police's control over criminal investigations gives them great control over the facts of a defendant's case, and therefore great control over what the prosecutor tells or does not tell the defendant. Thanks in part to social media, instances of police misconduct in America have taken on a life of their own and reignited conversations about what kinds of credibility information about police officers criminal defendants may be entitled to under the Sixth Amendment and Supreme Court case law. Iowa is not immune to police misconduct nor criminal behavior, yet Iowa does not have a consistent, statewide procedure for disclosing this information to criminal defendants. Prosecutors in large counties have formed lists of historically dishonest officers--"Giglio lists"--to keep afoot of their constitutional obligations, while it is doubtful that small counties ever disclose police misconduct information. And as it currently stands, the Iowa legislation directed at police misconduct disclosures--otherwise known as "Giglio disclosures"--appears to render this disclosure procedure optional. To remedy these disparities, this Note proposes an amendment to Iowa's existing Brady-Giglio statute that clarifies the prosecutor's constitutional obligation to disclose police officer credibility material, regardless of how they chose to collect their information. Finally, this Note proposes that in the counties which opt not to create a formal list, defense attorneys should be required to participate in the camera review process with the judge who evaluates a police officer's disciplinary record to inform the judge of the types of information sought. [ABSTRACT FROM AUTHOR]

This article focuses on the analysis of popular accusation in the Spanish criminal procedure system, with special reference to the controversy, not exempt from social and political relevance, that accompanies the exercise of popular action by political parties, unions and business associations. Exercise that responds to a constitutional right, of legal configuration and, therefore, not absolute or unlimited; and over which flies over, the result of the unconsolidated and approved versions of successive reform projects of our criminal procedure (in particular, the Draft of the new Criminal Procedure Law of 2020), the sword of Damocles of a prohibition, perhaps interested and interesting for the governments in power, but in no way compatible with the advisability of monitoring the inaction of a Public Ministry, like the Spanish one, subject to the dictates of the principle of hierarchical dependency and no stranger to more than notable doses of politicization. [ABSTRACT FROM AUTHOR]

The criminal action's prescription suspension arises from the configuration of an obstacle that turns the criminal prosecution procedure impossible to continue, as it follows from the Criminal Code, article 84, first paragraph. Before this norm's modification by Law N.° 31751, a typical moment of termination was expressly established. However, it is after this that, through its new second paragraph, the controversy about the duration of the suspension term due to contumacy and extradition processes came to an end, imposing a one-year legal material term for this purpose. [ABSTRACT FROM AUTHOR]

The article presents a book titled "Incidencias de la LUC en el Derecho Penal" (Implications of the LUC in Criminal Law), coordinated by Daniel Cabral and Pedro Montano, which analyzes the modifications introduced by the Urgent Consideration Law (LUC) in different aspects of criminal law in Uruguay. Several experts in the field, such as prosecutor Ignacio Montesdeocar, writer Miguel Ángel Gallegos, and professor Mauro Rinaldis, offer detailed analysis on the modifications in the Code of Criminal Procedure, expedited proceedings, juvenile criminal law, and other related topics. The book also addresses changes in the probation system, the practice and logic of the adversarial scheme in criminal proceedings, the police procedural law, the national registry of rapists and sexual abusers, among others. [Extracted from the article]

Along with its development, the category of sexual gratification emerged which received a lot of attention from the public and law enforcement officials. This sexual satisfaction is different from the satisfaction we know in general. The difference lies in the object. Sexual gratification is a form of degrading women's dignity. In Indonesia, sexual gratification has not been explicitly regulated. Therefore, this research will discuss the regulation of sexual gratification based on positive law in Indonesia and the evidence. From the results of the analysis it is known that sexual gratification can be included in the provisions of Article 12 B paragraph 1 of Law 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. This can be found in the phrase "other facilities" where "facilities" themselves are defined as the means used to facilitate an implementation. Therefore, the use of sexual service facilities with the aim of achieving all desires is the intention of the party providing satisfaction. Proof of the existence of sexual gratification in eradicating corruption in Indonesia is based on criminal procedural law which refers to the Criminal Procedure Code (KUHAP) in Article 184 paragraph (1) and Article 26A of Law Number 20 of 2001 Jo. Law Number 31 of 1999 uses a reverse or balanced evidentiary system where the burden is on the Public Prosecutor and the defendant to provide evidence of the criminal act of sexual gratification for which the defendant is charged. [ABSTRACT FROM AUTHOR]

The Prosecutor's Office plays a crucial role in the functioning of the legal system. However, in reality, the Corruption Court is still located in every provincial capital in Indonesia, which often results in high costs for resolving corruption cases which are sometimes disproportionate to the losses they cause to the state. The author of this research focuses on analyzing circular letters belonging to the Deputy Attorney General for Special Crimes by linking the theory of Legal Economic Analysis as a form of consideration and also explaining how the Prosecutional Office applies a restorative justice approach. The research contributes to the topic discussed by evaluating the policy's significance and the prosecutor-office's role in handling corruption cases through the application of restorive justice principles. This study also aims to provide an overview of the challenges and technical legal issues faced by the public prosecutor in carrying out their responsibility to recover funds and/or state assets. [ABSTRACT FROM AUTHOR]

This document is a response to an article that discussed the analysis of a DNA mixture found on a plastic bag containing illegal drugs. Two different probabilistic genotyping (PG) programs, STRmix™ and TrueAllele®, were used to compare the defendant's DNA profile to the mixture, producing different exculpatory findings. Individuals associated with both programs have responded, providing new data to explain the differences. However, it remains unclear which findings are more reliable, and further research is needed. The article focuses on three validation studies of TrueAllele, which suggest that the software may produce unreliable results. The author calls for standards and guidelines for the admissibility of TrueAllele evidence in court and criticizes the way the company presents its findings. The article concludes by emphasizing the need for the forensic science community to address these issues through the standards development process. [Extracted from the article]

As scholars apply the concept of "the carceral" to more and increasingly diffuse spaces of containment, displacement, and cordoning across free society, I call for a means by which "carcerality" is measured and understood as a productive force in the denial of constitutional rights and protections. I therefore provide a legal reading of carcerality, which establishes prisons as the sine qua non of the carceral landscape, preceded by an analysis of how the reliance on civil law, nuisance ordinances, and other methods of constitutional circumvention in the absence of criminal procedure works within the public sphere to punish residents residing within what Foucault called the carceral archipelago. Along the way I provide vignettes about my own experience with the legal and insidious forms of criminalisation and non‐criminal punishment that comprise the carceral continuum. [ABSTRACT FROM AUTHOR]

The Special Tribunal for Lebanon ('STL') Trial Judgment in the Ayyash case contained some important comments that emphasised a decoupling of two sets of objectives in international criminal justice: individual criminal accountability and collective truth-telling. This article applauds these important comments as a welcome development in international criminal law. This article seeks to contextualise these important comments in the STL Trial Judgment within decades of international criminal jurisprudence regarding the place of historical truth-telling as a function of international criminal proceedings. This article will examine how international criminal justice evolved to promote the idea that truthtelling is one of the main objectives of international criminal trials. The article will then examine international criminal jurisprudence regarding balancing the objectives of truth-telling and individualised criminal accountability in international criminal proceedings and how these objectives have evolved over time. The article will also critically evaluate the normative claim regarding the lofty promises of truth-telling as an important tool for the realisation of peace and reconciliation in the context of international criminal proceedings. Against this background, the article will examine the noteworthy comments of the STL that decisively decouple the objectives of truth-telling from individualised criminal accountability in international criminal law. This article argues that while international criminal courts can certainly contribute to a range of transitional justice processes, international criminal justice alone cannot be regarded as the panacea, and the primary focus of an international court or tribunal must be the administration of individual criminal accountability. [ABSTRACT FROM AUTHOR]

The article presents a case study on the law that regulates disciplinary processes in the Brazilian Federal Public Service (Act 8,112/1990). The aim of this investigation is to examine the features of the law that may lead to unfairness in disciplinary processes. Two theoretical concepts guide the investigation: "institutional corruption" and "administrative evil." Institutional corruption refers to rules, arrangements, and procedures that, despite their legality and ethical intent, exert a systemic and strategic influence that impairs organizational performance and effectiveness. Administrative evil alludes to the phenomenon in which public officials cause harm to innocent people while explaining away their responsibility, usually by projecting negative emotions to an external "object" (i.e., another person). Through a comparison between disciplinary processes and criminal cases, the analysis makes evident that Act. 8,112/1990 deviates from its original purpose of promoting ethical behaviour in the public service because it fails to provide individual protections to defendants. Thus, disciplinary processes in the Brazilian Federal Government can be seen as a case of institutional corruption that opens opportunities for administrative evil. The article presents measures to prevent disciplinary processes from becoming conveyors of institutional corruption and administrative evil and suggest a theme for further research. [ABSTRACT FROM AUTHOR]

The purpose of our study is to research the criminal justice system's evolution, history, and reform in medieval Mongolia. Studying the evolution, history, and reform of the criminal justice system in medieval Asian countries is a fascinating and important endeavor. Additionally, a historical and legal analysis will be conducted, focusing on the era's innovative approaches to investigation and victim rights thinking. Understanding the history of investigative services is closely tied to the development of legal regulations for handling criminal cases. [ABSTRACT FROM AUTHOR]

Copyright of Araucaria is the property of Araucaria-Revista Iberoamericana de Filosofia, Politica y Humanidades and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This Article reviews a recent traffic stop case in Illinois that looks unremarkable from a distance but, upon closer examination, contains a variety of criminal procedure questions about traffic stops, mistake of law, formation of suspicion, and--ultimately--the durability and flexibility of the reasonable, articulable suspicion standard itself when a bizarre fact pattern puts it to the test. In People v. Timmsen, the Illinois Supreme Court wrestles with the question of whether wholly legal behavior, when misinterpreted as illegal conduct, can create the basis for a roadside interaction and the evidentiary question of whether, given the facts particular to this case, the fruits of a subsequent search should have been available to the prosecution. This Article rejects the Illinois Supreme Court's conclusion and explains why the case could and should have been decided differently. Finally, looking to the not-so-distant future of autonomous vehicles, this Article imagines motorists' legal problems when they are questioned, detained, or searched for things their autonomous vehicles did innocently that may, as in the Timmsen case, look unusual at first glance but, nevertheless, should not by themselves arouse police suspicion; today's Google Maps route suggestions and rudimentary self-driving modes (like Tesla's FSD V12, newly released at the time of this Article) as a temporary state and prerequisite to a future ecosystem where automotive guidance technology and law enforcement scrutiny may collide unexpectedly. [ABSTRACT FROM AUTHOR]

The article focuses on the secrecy of confession, which is primarily a matter of ecclesiastical law, and its reflection in secular law, especially in the law of the Czech Republic. On the basis of the definition of the nature of secrecy of confession, including its historical context, and an analysis of legal regulations, especially in the field of penal law, we have tried to present the relationship of the law of the Czech Republic to the protection of secrecy of confession. The analysis of the law on the constitutional and statutory level demonstrates that the protection of confessional secrecy is not sufficiently ensured, or that there are significant uncertainties in relation to the criminal liability for failure to prevent a crime and the obligation to disclose information/testify in criminal proceedings. Although, through the methods of finding the law, we have concluded that criminal liability for insisting on confidentiality (protection) of confessional secrecy, as well as for violation of the statutory duty to disclose information/testify in criminal proceedings are rather hypothetical, and would hardly stand up in the Constitutional Court, they may still cause a confessor a difficult dilemma as to whether to violate the secrecy of confession under threat of excommunication or, on the contrary, not comply with the law of the Czech Republic. [ABSTRACT FROM AUTHOR]

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Performing paid work is the way most people earn income to support themselves. Any paid work entails rights and obligations for both the employee and the employer. In terms of health and safety at work, the employer has full discretion, but this does not exempt the employee from any obligation. In the case of the death of a person during the exercise of the activity, several questions arise: who will answer if the person is not legally employed, whether or not there are special legal rules or the general ones will be applied, what are the conditions under which the act will be considered criminal offence. In the article below, by presenting two related cases, a civil case and a criminal case, we tried to answer the most important questions. [ABSTRACT FROM AUTHOR]

The article analyzes the links between risk factors and colonial oppression within dangerous offender proceedings and state accountability for colonial oppression. Topics discussed include possibilities and challenges in addressing colonial oppression in sentencing, risk assessment and management in the Canadian criminal justice system, and state accountability for potential cross-cultural bias in risk assessment tools and for lack of access to programs in prison.

The article examines the Torture and Custodial Death (Prevention and Punishment) Act, 2022 in Pakistan, with special reference to its origin, characteristics, and the way it affects the criminal justice system. Topics discussed include genesis of the law, salient features of the law, and impact of the law on the criminal justice system.

The impact of algorithmic systems on the criminal trial is becoming increasingly relevant in the legal sphere in the context of globalization and the development of digital technologies. The aim of the study is to assess the role of algorithmic systems in improving the transparency, consistency, and objectivity of court decisions at the international level. The research employs empirical methods, including comparison and making statistics. The obtained results indicate a 50% increase in the efficiency of the judicial system when implementing algorithmic systems based on Big Data. The study emphasizes the importance of developing ethical guidelines and regulatory frameworks to prevent bias and abuse. The practical significance is the evaluation of international experience in the application of technologies to ensure the effectiveness and fairness of judicial decisions. The results of the study indicate the importance of integrating algorithmic systems into the judicial process for improving the quality of justice. [ABSTRACT FROM AUTHOR]

Criminal settlement, introduced by Decree-Law No. 38 of 2022 concerning the Criminal Procedures Law, offers a significant alternative to traditional criminal prosecution in Emirati legislation. This mechanism alleviates the judicial system's burden by avoiding lengthy criminal procedures. This research explores the nature, concept, and scope of criminal settlement, detailing its procedural stages and effects. Employing descriptive and analytical methods, it highlights that in misdemeanors, a successful settlement results in the termination of criminal action, unless new elements emerge. For felonies, it leads to reduced penalties. If a misdemeanor settlement fails, the public prosecution must initiate proceedings. The study recommends that the Emirati legislator ensure settlements are proposed only when the accused is not detained, to avoid coercion and ensure free consent. This is crucial for maintaining the integrity of the settlement process and upholding justice within the framework of Emirati law. [ABSTRACT FROM AUTHOR]

The aim of the article is to analyse the use of mediation in criminal procedures in different countries, including the European Union and Azerbaijan. The results are based on the analysis of data from government portal documents and the objective determination of the impact of mediation on the number of criminal cases and the effectiveness of conflict resolution. The practical significance is the developed recommendations and strategies for further improvement of mediation in criminal cases and optimization of the work of judicial bodies. The experience of European countries with regard to the use of mediation in the process of solving criminal cases and its impact on reducing the burden on the judicial system is the subject of active research in modern legal science. The practical significance is the comparative analysis of data on the effectiveness of mediation in the objective determination of the advantages of the appropriate regulatory approach to reduce the burden on the judicial system. [ABSTRACT FROM AUTHOR]

The issue of the role of the European Court of Human Rights in the formation of the procedures of criminal prosecution in Moldova is critically important for understanding the efficiency of the national justice system and determining strategies for its further improvement. The influence of the ECHR on criminal procedures directly influences the guarantee of human rights and the fairness of legal proceedings. The article aims to analyse the influence of the decisions of the ECHR on criminal justice in Moldova. Statistical methods of percentage ratios were used to evaluate crime dynamics, and characteristics of Moldova's legal system were formed based on the comparative analysis. The results found that complying with the European Convention on Human Rights will reduce crimes and increase trust in the legal system. The stable dynamics of crime reduction for 7% annually is observed based on statistical analysis. Recommendations of the ECHR and directions for improving criminal justice in Moldova were formed. The study results indicate the high efficiency of the changes made in national judicial practice. The perspective area is a study of the long-term influence of the decisions of the ECHR on the formation of legal norms and procedures in the criminal justice of Moldova. Special attention should be given to analysing the methods of integrating European standards into the Moldovan legal system with consideration of local peculiarities and needs. [ABSTRACT FROM AUTHOR]

This article explores the little-known need for the role of legal interpreters in the courtroom, particularly in criminal proceedings. This article, based on research in the professional literature, explores common misconceptions about the role of the legal translator, experienced by experienced professionals and likely experienced by many others in the courtroom. This article attempts to shed light on the complexities of legal translation and the challenges it faces in the criminal justice system. The article highlights important circumstances of the role of law, equality and justice can only be achieved if translations meet the highest standards. It also argues that safeguarding the integrity of the evidence and the defendant's right to a fair trial is accomplished by accurate translation. To achieve this, we use qualitative methods to tease out the full meaning of the topic through a scientific and insightful process. [ABSTRACT FROM AUTHOR]