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This study explores civil remedies for assault, allowing victims to claim damages for psychological harm and use force in self-defense. If a victim defends themselves and faces a counterclaim, the initial tort may mitigate their liability. When a tort is used as a defense in a criminal case, it can trigger issue estoppel in subsequent civil proceedings meaning that if the defendant loses the criminal case, they often lose the civil case as well. The situation differs when it comes to moral damages resulting from criminal acts. Moral damage refers to injury to legally protected interests, such as personal security, caused by a tortious act. Victims of criminal offenses that also constitute torts can use these acts as evidence of liability in civil actions. However, specific remedies for moral damage are often insufficient or absent, particularly for victims of violent crimes. These victims may struggle to obtain more than nominal damages for assault or battery, facing challenges due to tort limitation periods, which may require suing for false imprisonment while still involved in criminal proceedings. The case of Phillips v UK exemplifies this, where the Crown's immunity extended to acts violating personal dignity, making it difficult for victims to pursue actions for moral damages. [ABSTRACT FROM AUTHOR]

The article refers to the prevention of crimes committed by minors as the main focus when prosecuting them. The current criminal legislation on minors (Article 20 of the Criminal Code of the Russian Federation) is analyzed. It tends to increase the number of crimes for which persons aged 14–16 are criminally responsible. The need for the preventive function in the preliminary investigation of criminal cases involving minors is justified. The dominant aspect of criminal proceedings should be the discontinuation of the first criminal case against minors in the absence of material consequences of the crime. The article is aimed at substantiating the idea that the first crime committed by a minor without material consequences may not indicate a tendency to continue criminal behavior, therefore it is possible to exclude the adolescent from criminal liability. Comparative and analytical methods of research of theoretical and practical problems of crimes committed by minors are used in the preparation of the article. The practical conclusions are presented, according to which, when investigating criminal cases involving minors, the investigator, focusing on the circumstances of the crime and the minor’s personality, should set himself the task of preventing such crimes, including by discontinuing criminal proceedings.

Under the context of judges resolving criminal cases in Indonesian courts, this research article analyses the concept of legal and economic culture. Nevertheless, the study also demonstrates a collusive aspect of the bargaining process, which indicates that there has been a degradation of morals in the practice of law. It is recommended that the government of Indonesia and the Supreme Court encourage legal education that emphasizes ethical behaviour and a compassionate approach to judgement; establish a code of conduct that promotes ethical behaviour and a humanitarian approach to judgement; create a monitoring and assessment system; and encourage community participation in the administration of criminal justice. These steps will help address this crisis of morality and promote a more humane approach to judging. Unfortunately, the findings of this research cannot be applied to other courts or situations. Also, future research is required to investigate the perspectives of other actors involved in the administration of criminal justice. Researchers need to use various qualitative and quantitative research methods to fully comprehend the complexities and nuances of the social dynamics involved in the administration of criminal justice. Additionally, researchers need to investigate cutting-edge methods for encouraging ethical behaviour and a humane approach to judging to comprehend these topics fully. [ABSTRACT FROM AUTHOR]

In the elaborated article, the authors addressed the existing tactical-procedural peculiarities at the initial stage of investigation of crimes from previous years in which the person who can be charged was not placed under the indictment, after the suspension of the criminal investigation. Although the criminal procedural legislation that regulates the activity of suspending and resuming criminal prosecution during the last decade has not undergone essential changes, the subject of the investigation of crimes from previous years in which the person who can be charged, from a forensic point of view, has not been placed under the indictment, has not been sufficiently researched. In this sense, it is necessary to develop methodical recommendations that would govern the activity carried out by the person carrying out criminal prosecution at the initial stage of investigation of crimes from previous years in which the person who can be charged was not placed under the indictment, after the suspension of the criminal prosecution.

In the elaborated article, the authors addressed the existing tactical-procedural peculiarities at the initial stage of investigation of crimes from previous years in which the person who can be charged was not placed under the indictment, after the suspension of the criminal investigation. Although the criminal procedural legislation that regulates the activity of suspending and resuming criminal prosecution during the last decade has not undergone essential changes, the subject of the investigation of crimes from previous years in which the person who can be charged, from a forensic point of view, has not been placed under the indictment, has not been sufficiently researched. In this sense, it is necessary to develop methodical recommendations that would govern the activity carried out by the person carrying out criminal prosecution at the initial stage of investigation of crimes from previous years in which the person who can be charged was not placed under the indictment, after the suspension of the criminal prosecution. [ABSTRACT FROM AUTHOR]

This article is a part of the research project on "Forensic evidence in criminal justice proceedings of rape cases in Thailand". Although forensic science has long been employed in Thai criminal justice proceedings, the lack of enough scientific knowledge among the legal professionals still remains especially in rape cases. In this study on rape cases, where the evidence of high probative value is required, it was found that the seeking of forensic evidence in the early stage of investigation and the use of the evidence in court trial are problematic. In many cases the late complaint about the case and the delay of medical examination of the victim were encountered. The unintentional contamination of crime scene and destroying valuable evidence were also found in some cases. Moreover, the problem of insufficient personnel in all areas of forensic science was also reported. In this work, the remedies to rectify the above-mentioned shortcomings are provided. [ABSTRACT FROM AUTHOR]

Considered for a long time as the „eyes and ears of justice″, the witness has become a procedural subject around which several controversies have arisen since the entry into effect of Law no. 135/2010 on the Criminal Procedure Code. The suspected witness, the one against whom further criminal prosecution has not yet been ordered, has acquired a distinct position, shaped by the ECtHR jurisprudence and redefined by CCR dec. no. 236/2020. Although the ECtHR has repeatedly ruled that the guarantees of fairness in proceedings apply once an accusation is formulated, it has also recognized these same guarantees for individuals who are heard as witnesses, but are simultaneously suspected of committing offenses. Even after the official release of the constitutional court’s decision, there are a series of aspects that automatically, are rising debates and controversies, with the most important one being whether there is a genuine right for the witness to remain silent. Has the phrase „cannot be used against them″ in art. 118 CPP become predictable and, at the same time, a barrier against potential abuses? Can a „right to silence and non-self-incrimination″ be recognized ab initio? The balance between the general interest of a fair conduct of the criminal proceedings and the rights of the „suspected″ witness has required and continues to require practical solutions from the judicial authorities, ensuring that the right to defense and the right to a fair trial are respected.

Copyright of Journal of Anbar University for Law & Political Sciences is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) 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.)

Objective: elucidating the potential of digital transformation for elaborating the optimal means and methods of collecting evidences and introducing scientific organization of labor of the officials implementing criminal procedure. The scientific approach within the concept consists in minimizing the costs of collecting evidentiary information in criminal cases in electronic form and by electronic means, as well as storing the criminal case materials in electronic form.Methods: dialectic method occupies the leading position among the research methods, the issues of electronic documentation being considered in the interaction and interdependence with information-technological development of the society. The set of scientific cognition methods within the research creates prerequisites for objective and comprehensive approach to the problems under study.Results: the authors’ concept of electronic evidence is a system of information-technological and legal views on the criminal-procedural form, which is intended for optimizing the process of collecting, registering and preserving them in the criminal case materials. The concept development is aimed at elaborating new approaches to organizing the work of investigation agencies and courts, taking into account the achievements in the sphere of information technologies, providing new techniques of collecting criminal-relevant, criminal-procedural, criminological significant information when investigating and hearing of a criminal case. The proposed concept is also aimed at improving interaction and in-service communication of the officials of the preliminary investigation bodies with the officials of information-technological systems for the purposes of collecting evidentiary information in electronic form.Scientific novelty: the changes were systemically analyzed, which are taking place in the contemporary information society, through the prism of the emerging problems between the sectoral criminal-procedural evidentiary law and more modern technological means of collecting evidentiary information. The article demonstrates a new approach to creating technological interaction using digital technologies, on the scientific base of organization of proving activity, intended to optimize and rationalize the process of proving in criminal procedure.Practical significance: the research materials can be used to prepare proposals on making changes and additions in the current legislation with a view of implementing the practice of already functioning models of criminal-procedural activity of foreign countries, an inexhaustible potential of information-technologies, software, and artificial intelligence to rationalize proving in criminal cases.

Throughout the criminal proceedings the accused has the right to be assisted by a lawyer chosen or appointed ex officio. Any person detained, arrested or charged with a criminal offense shall be entitled to the services of the defense lawyer from the time of the arrest, detention or indictment. The fundamental guarantee of the right to defense is interpreted as a requirement of the defense lawyer's active procedural behavior aimed at providing qualified legal assistance, including through active and effective participation in evidentiary process. In this respect, the actions of the defense lawyer are determined by the need to discover the circumstances that allow acquitting the client or reducing the degree of his guilt. Thus, the defense lawyer has the means and modalities provided for in Art. 68 of the Criminal Procedure Code of the Republic of Moldova, which he carries out during the criminal investigation and the trial of the case. The defense lawyer's success is accompanied by the mastery of use of the rules and tactical procedures that will implement the rights offered by law during the defense lawyer's participation in the conduct of evidentiary proceedings by which evidence is administered during criminal prosecution and in judicial investigation.

The activity of the defense lawyer in the criminal process is directly related to the principle of ensuring the person's right to defense. However, this principle makes it possible to combat unjustified allegations advanced by the investigating authorities, to present evidence in order to prove the innocence of the defendant and to obtain a proper mitigation of liability for the deed committed. Ensuring the right of the accused or the defendant to the defense consists, first of all, in obtaining a timely and qualified legal assistance, which can be ensured by the participation of the defense in criminal cases. The defendant can exercise his right to defense if he knows, to a full extent, the content and character of the accusation brought against him. The law not only proclaims the person's right to defense, but also obliges the representatives of the law enforcement bodies to ensure the exercise of this right. The defendant's right to defense contributes not only to the protection of his legitimate interests, but is also directed towards the proper performance of the characteristic tasks of criminal justice. The evolution of legal practice and science convincingly demonstrates that the adversarial proceedings are the only correct way to establish the truth. However, at present, the adversarial principle occupies a key position in the criminal proceedings, by virtue of which there is an urgent need for research in the field of tactical features of the activity of the parties to the defense and prosecution. In the content of this study, a modest attempt was made to expose and analyze the activity of the defense lawyer in the criminal trial from the positions of achievements and performances of forensic tactics.

Copyright of Journal of Actual Problems of Jurisprudence / Habaršy. Zan̦ Seriâsy is the property of Al-Farabi Kazakh National University 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 article deals with the problem of the expediency of a criminal case’s returning to the prosecutor at the stage of appointment and preparation of a court session in Russian criminal proceedings. This problem is relevant to the science of criminal procedure.The purpose of the study is to analyze critically the practice of returning of a criminal case back to the prosecutor in order to correct mistakes made at the pre-trial stages of the proceedings according to the new concept of justice independence and the absence of an accusatory bias in the court functioning.The methodological basis of the study is a set of scientific techniques, focused mostly on the dialectical approach, which made it possible to determine the essential characteristics of the prohibition to turn the criminal proceedings in Russia for the worse. Both general scientific (analysis, synthesis, systematic method) and specific scientific methods (formal-legal, historical-legal, comparative-legal) of knowledge were also used. The analysis helped to formulate the position of understanding the turn for the worse as an independent principle of criminal procedural law, to study the procedural form of the turn for the worse. The synthesis method made it possible to determine the return of the criminal case to the prosecutor at the stage of appointment and preparation of the court session as a holistic institution of the criminal procedure. The systematic approach allowed to determine not only the mixed nature of the mechanism for changing the prosecution to a more serious one, but the investigative organization of pre-trial proceedings and its place in the structure of criminal proceedings, the separation of the investigative and “accusatory powers” of the prosecutors as well as their balance. The historical method let us trace the evolution of the prohibition to turn the Soviet and Russian criminal procedural systems for the worse. The comparative-legal method made it possible to assess the potential of domestic legislators' reception of foreign experience of regulating the prohibition to turn for the worse and formulate proposals to improve the Russian criminal procedural legislation.The main scientific results of this research consist of justification of the conclusion of the conversion expediency of the domestic judicial proceedings to the adversarial model of accusation which is carried out within the trial on the previously filed charge. The presentation of a new charge (criminal action) in court and the procedure of supplementing the charge change it for the worse. This model of re-indictment for the worse for the defendant appears to be fairer and more convenient both for the prosecuting authority and for the legal organization of combating crime. The changeover to the suggested form of implementation of the ban to turn for the worse in the institution of bringing and changing charges in court is possible only in a systematic link with the reform of the preliminary investigation. Conclusion. The institution of the criminal case returning by the court to the prosecutor in order to change the charge to a more serious one when implementing the adversarial model of bringing charges in the criminal procedure system of Russia will fully satisfy the concept of independence of justice administration and the absence of an accusatory bias in the activities of the court, while at the same time with fairly organized the prosecutorial power aimed at countering crime.The section 1 was prepared by N.N. Lysov, section 2 by K.D. Vanyan (together with M.T. Tashilin), section 3 by A.S. Shuisky (together with I.R. Gilmanov), section 4 by V.V. Kosterin.

Research aims: This study aims to critically analyze the account administration of confiscated funds from criminal cases at the Public Prosecution Service of the Republic of Indonesia using three-dimensional Isomorphism of DiMaggio Powel’s New Institutional Theory. Design/Methodology/Approach: We employ qualitative approach using three-dimensional Isomorphism of DiMaggio Powel’s New Institutional Theory; coercive pressure, mimetic pressure dan normative pressure. We interviewed 21 informants including officials from Special Crimes and General Crimes Section who are responsible for the account administration of confiscated funds. Also, with auditors from the Supreme Audit Institutions who audited the Public Prosecution Service of the Republic of Indonesia, and the Corruption Eradication Commission officials to get new views on how the conduct the account administration of confiscated funds. Research findings: The results indicate that there is coercive pressure in making regulations for account administration of confiscated funds in the form of repeated findings from the Supreme Audit Institutions and the Minister of Finance Regulation of 182/PMK.05/2017. Mimetic pressure is also indicated with the requirement to imitate succeeded similar organizations. The General Attorney's Office has to clarify organizational structure for the Evidence and Confiscation Management Section at the District Attorney's level and establish competency standards for all officials. This means less professionalism due to the absence of procedure supported by information system, which becomes normative pressure. Theoretical contribution/Originality: This study contributes to the literature on exploring public sector phenomena in the perspective of three-dimensional Isomorphism of New Institutional Theory; as well as explaining changes in policy and organization structure for the account administration of confiscated funds from criminal cases. Practitioner/Policy implication: This study provides input to reform the account administration of confiscated funds from criminal cases to make it more accountable on its policies and organization structure. Research limitation/Implication: This study only explains and evaluates the weaknesses of account administration of confiscated funds. There is the need of aspects reconstruction based on three-dimensional Isomorphism of DiMaggio Powel’s New Institutional Theory in order to be accountable on its policies and organization structure.

Objective: to summarize and analyze the approaches, established in criminal procedural science, regarding the use of artificial intelligence technologies, to elaborate an author’s approach to the prospects of transformation of criminal procedural proving under the influence of artificial intelligence technologies.Methods: the methodological basis of the research is integrity of general, general scientific and specific legal methods of legal science, including abstract-logical, comparative-legal and prognostic methods.Results: the main areas of using artificial intelligence technologies in the cri mi nal procedure are defined, such as prophylaxis and detection of crimes, organization of preliminary investigation, criminological support of crime investigation, and assessing evidences at pre-trial and trial stages. The author comes to a conclusion that the rather optimistic approach to this issue, established in the science of criminal procedure, significantly outstrips the actually existing artificial intelligence technologies. The main requirements are identified, which the activity of using artificial intelligence in collecting evidences in a criminal case should satisfy. The author pays attention to the problems of using artificial intelligence technologies in conducting expert assessments, requiring an improved methodology of forensic work. The issue is considered of the prospects of transforming the criminal-procedural proving process under introduction of artificial intelligence technologies. A conclusion is substantiated that the assessment of evidences with mathematical algorithms, in which preset values of each evidence quality are used, contradict to the principle of free assessment of evidences in the criminal procedure. The author comes to a conclusion that today there are no sufficient grounds for endowing artificial intelligence with legal personality during proving.Scientific novelty: the work presents an attempt to consider the role of artificial intelligence in the criminal-procedural proving; it specifies the requirements to be met by this technology during evidences collection and analyzes the prospects of transforming the proving process under the introduction of artificial intelligence technologies.Practical significance: the main provisions and conclusions of the research can be used to improve a mechanism of legal regulation of artificial intelligence technologies in the criminal procedure.

Based on the constitution, the State of Indonesia is a state of law not based on a single absolute power. Thus, the Indonesian government has limited powers and is not allowed to take actions outside the applicable legal norms. This means that in Indonesian constitutional practice, the law should rule power and not vice versa. However, in reality, the condition of law enforcement in Indonesia is very poor and far from expectations. There is discrimination against justice seekers where ordinary people with all limited resources always lose to the buttocks who own capital and can buy and play with the law at will. As a result, a sharp sword term appears below, but blunt upwards. To overcome these problems, it is necessary to develop the role of the prosecutor's office to also apply unwritten laws not only written to various forms of criminal cases. Thus, the needs of the community from the aspects of welfare and justice can be realized. [ABSTRACT FROM AUTHOR]

Considered for a long time as the "eyes and ears of justice", the witness has become a procedural subject around which several controversies have arisen since the entry into effect of Law No. 135/2010 on the Code of Criminal Procedure. The suspected witness, the one against whom further criminal prosecution has not been ordered yet, has acquired a distinct position, shaped by the case-law of the European Court of Human Rights and redefined by Decision No. 236/2020 of the Constitutional Court of Romania. Although the European Court of Human Rights has repeatedly ruled that the guarantees of fairness in proceedings apply once an accusation is formulated, it has also recognized the same guarantees for individuals who are heard as witnesses, but are simultaneously suspected of committing offences. Even after the official release of the contentious constitutional court's decision, there are a series of aspects that generate debates and controversies, the most important one being whether there is a genuine right for the witness to remain silent. Has the phrase "cannot be used against him/her" in Article 118 of the Code of Criminal Procedure become predictable and, at the same time, a barrier against potential abuses? Can a "right to silence and privilege against self-incrimination" be recognized ab initio? The balance between the general interest for a good performance of the criminal proceedings and the rights of the "suspected" witness has required and continues to require practical solutions from the judicial authorities, so that the right to defence and the right to a fair trial are observed. [ABSTRACT FROM AUTHOR]

This study is aimed at finding a model for the implementation of online criminal trial after the publication of SEMA Number 1 of 2020. This is an empirical legal research. Interviews were done with related parties to find models for the implementation of online trials and the obstacles faced by law enforcement institutions. Online criminal trials are meant to keep the defendants from the possible spread of COVID-19 in detention centers or prisons. However, the trials are legally weak. Data collection techniques include interviews and observations. The interviews were conducted using free guided techniques. The findings show that there are differences in the implementation of online criminal trials because the procedural law mechanism policy is very dependent on the ability of each institution. These constraints caused unfair trials, in other words, violate the principles of fair trial.

Through the authority of the prosecutor's office, it is very appropriate to apply the concept of restorative justice as an effort to close cases for legal purposes. The legal breakthrough made by the prosecutor's office to realize justice with a restorative justice approach in the realm of prosecution is currently being realized by issuing Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution based on Restorative Justice. The purpose of this study is to examine the essence of the application of restorative justice as a model for terminating prosecution of criminal cases and to examine the model for terminating prosecution of criminal cases based on Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution based on Restorative Justice. The method used in this research is normative legal research using statutory, conceptual, and case approaches. The results of the study indicate that the concept of restorative justice is a frame of mind to find a way out in deciding actions in accordance with the conditions of the perpetrators of the crime. The concept aims to create humane justice, bringing victims and perpetrators together to solve problems that occur. Thus, the application of Restorative Justice in the criminal justice system in Indonesia is part of the reform of the criminal law system that applies in the future. In addition, with the issuance of Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, it has had a very significant impact based on the results of the first semester evaluation dated December 31, 2020, there were requests for 271 criminal cases to be resolved in restorative justice. [ABSTRACT FROM AUTHOR]

Copyright of Journal Of the College of Law /Al-Nahrain University is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) 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.)

Introduction: the article analyzes provisions of the Criminal Procedural Code of the Russian Federation and its impact on the implementation of key legal institutions designed to ensure respect for the rights and legitimate interests of criminal proceedings participants by law enforcement and judicial authorities. Purpose: having studied effectiveness of the amendments made in the CPC and conducted statistical analysis of the results of criminal cases investigation, the author presents shortcomings in the legislation identified by the scientific community and law enforcement practice and proposes measures to improve both certain legal norms of the CPC RF and its procedural institutions in order to ensure constitutional provisions on the state protection of human and civil rights and freedoms. Methods: the researcher used historical, comparative legal and empirical methods for describing quality and legality issues in the investigation of criminal cases; theoretical methods of formal and dialectical logic. Private scientific and legal technical methods, as well as the method for interpreting specific legal norms were applied. Results: the analysis of development of Russian and foreign criminal procedural legislation and law enforcement practice objectively indicates that the absolute majority of the amendments made to the Code contributed to enhancing performance of pre-trial investigation or initial inquiry bodies in implementing the provisions of Article 6 of the CPC. It stipulates protection of the rights and lawful interests of the persons and organizations, who (which) have suffered from the crimes, as well as their protection from unlawful accusations and conviction, and other restrictions of their rights and freedoms. Betterment of the criminal procedural legislation is also aimed at overcoming formalization of its individual provisions and bureaucratization of actions of the inquirer, investigator, prosecutor’s office and judicial community in the investigation and trial of criminal cases. Conclusions: to adapt the modern Russian criminal process to modern realities (new types of crimes and methods of their commission, increased requirements for ensuring legality in activities of pre-trial investigation bodies, their compliance with procedural deadlines in criminal cases and improving investigation quality) it is necessary to make changes in pre-trial proceedings, in particular, to reorganize procedural rules for commencement of criminal proceedings; bringing investigation terms into line with the provisions of Article 61 of the CPC on a reasonable period of criminal proceedings; differentiating investigation forms, etc. All this is focused on improving effectiveness of the fight against crime and its most dangerous types.

Copyright of Journal of Eskişehir Osmangazi University Faculty of Theology is the property of Journal of Eskisehir Osmangazi University Faculty of Theology 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 Journal of Law & Emerging Technologies (JOLETS) is the property of Journal of Law & Emerging Technologies (JOLETS) 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 Justicia (0124-7441) is the property of Universidad Simon Bolivar 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 article examines aspects of preparation for the presentation prosecutor’s of public prosecution in criminal courts in the Republic of Moldova. The analysis of the preliminary preparation for the presentation of the public prosecution in the courts is given. Study of the materials of the criminal case, regulatory legal acts, development of a preliminary position on a criminal case, development of a plan for participation in the trial, elements of the preparation of the prosecutor for the effective support of the public prosecution. The prosecutor’s analysis of the materials of the criminal case as the basis for high-quality support of the state prosecution. Forecasting possible situations at the stage of pre-trial preparation, the use of certain tactical techniques for studying the case materials; study of normative materials and judicial practice in relation to a specific category of cases; generalization and analysis of the materials of the criminal case; forecasting various situations that may arise during the court session; a set of tactics used to solve them; build versions of the prosecution; comprehensive planning of activities to maintain public prosecution. To adequately perceive what is happening in the trial, to competently and timely respond to the behavior of the participants in the process, to investigate and collect evidence that incriminates the defendant in the commission of a crime.

The purpose of this study is to analyze the penal mediation that does not aim to achieve formal justice and the practice of penal mediation at the Parepare Police Department. The research method is normative legal research, using a statute and conceptual approach. The collected legal materials are then analyzed qualitatively, then presented descriptively. The results showed that the dimension of mediation of the penalties achieved was not formal justice through the Criminal Justice sub-system regulated in formal legal regulations. From a juridical perspective, mediation of penalties in the dimensions of state law (ius constitutum) is actually not well known and still leaves controversy among those who agree and disagree to be applied. The essential issue leads to the choice of a pattern of criminal dispute resolution, related to the domain of state superiority with the superiority of the local wisdom community. The practice of mediating penalties at the Parepare Police Department in the last 3 years (2017, 2018 and 2019) the number of criminal cases every year has always increased in number, as well as the mediation of cases conducted by the Manokwari Police Department each year experiencing an increase in the number of criminal cases being mediated.

Copyright of Journal of Judgments by the Court of Jurisdictional Disputes / Uyusmazlik Mahkemesi Dergisi is the property of Court of Jurisdictional Disputes of the Republic of Turkey 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.)

DNA evidence presented in court is evaluated by calculating its weight. In the case of evidence consisting of two profiles that may be from the same individual, such as a sample of DNA from a crime scene and a sample from a suspect for that crime or the case of one sample from an alleged father and one from the biological father in a paternity case, forensic scientists are must evaluate the weight of evidence. This weight is expressed as a likelihood ratio, or the ratio of the probability that the DNA evidence comes from the alleged father (or suspect) to the probability that it came from another person. In the likelihood ratio, the probability that the evidence would have come from another person by coincidence with the same degree of match is called the match probability. The match probability depends on the reference population and the assumption of independence within and between loci. Because the assumption of independence within loci ignores coancestry effects dependent on the population structure, statistical methods have been developed for interpreting DNA evidence have been developed that account for the presence of coancestry effects, incorporating them into the population structure. Match probability also depends on the genetic relationship between the suspect and the actual criminal (or the alleged father and the biological father). In most cases, however, match probability is calculated on the assumption that the two persons in question are not related to each other, and the calculation of the likelihood ratio tends to overestimate DNA evidence. For this reason, alternative methods have been proposed for assessing genetic relationships. The practice of forensic science has undergone a period of rapid change due to the dramatic evolution of DNA profiling and the related greater sophistication of statistical evaluation of DNA evidence. Forensic inference from DNA evidence is widely used in criminal investigation, parentage lawsuits, and ancestral classification cases as well as in the identification of the remains of deceased people. In this paper, we present relevant statistical concepts and review recently developed statistical methods as well as discussing some practical issues in forensic statistics. We also present statistical methods for ancestral classification based on the analysis of single nucleotide polymorphisms markers that are informative for ancestry, and we describe various statistical methods for estimating postmortem interval), which plays a very important role in screening suspects and solving crime cases that involve the death of an individual, in forensic entomology studies. [ABSTRACT FROM AUTHOR]

Introduction. Reform in the medical field is getting especially topical in the context of the Covid-19 pandemic, which has exposed the areas of concern that existed before. Professional negligence of health workers is an issue that needs to be improved in terms of statutory regulation The aim. Research of criminal and procedural aspects of professional negligence when providing medical care. Materials and Methods. Modern literature sources and normative legal documents; method of theoretical analysis and conclusions systematization; comparative law and system-analytical method. Findings and Discussion. The main issues arising during "medical crimes" investigation: the need to quickly obtain the decision of the investigating judge on temporary access to the stuff and documents; corrupt schemes, destruction of evidence; the difficulty of distinguishing negligence from medical error, accident and justified medical risk. Conclusions. Areas of improvement of normative and legal regulation of cases of medical workers negligence are the following: development of unified methodical recommendations concerning medical crimes qualification, which can help to give a correct criminal and legal assessment of medical workers' illegal activity. [ABSTRACT FROM AUTHOR]

Objective To discuss the related factors influencing the initiation time of forensic psychiatric assessment by analysis of the initiation time of forensic psychiatric assessment of criminal cases in Hunan Province. Methods Related data in assessment files of criminal cases accepted by 8 forensic psychiatric assessment institutions in Hunan Province from January 1, 2011 to December 31, 2016 were extracted. The Logistic regression analysis was used to explore the factors influencing the initiation time of forensic psychiatric assessment. After using property score matching （PSM） to control the influence of confounding factors, the efficiency of public security organs to initiate assessments of suspects with （without） mental disorders and with （without） responsibilities were compared. Results A total of 4 346 cases were included. The Logistic regression analysis suggested that the factors independently related to the initiation time of assessment include： cause of assessment, nationality of the assessed, history of diagnosis and treatment of mental illnesses, history of crimes, history of drug abuse, and status of alcohol consumption before the crime （all P

This paper makes public for the fi rst time the liturgical Calendar of Roman Berzins, the priest and missionary of the Orthodox Pskov (external) mission. During World War IIб he served briefl y in the annexed territory of Pskov region. The priest kept a diary of his church services in Pskov, Gdov, and Ostrovsky districts (Russ. уезды) as a report designed for metropolitan Sergiy (Voskresenskiy), the exarch of the Baltics. From this source we learn about the opening of Orthodox churches and liturgical practices of the Exarchate in the annexed territory of North-Western Russia from February till May 1942. The accompanying note describes opinions of churchgoers on topical church issues. The Calendar was included in the criminal case of the priest, who was accused of serving in the Orthodox Pskov (external) mission as an agent of the German intelligence structure (SD). The publication is based on the documents of Клировые ведомости and the criminal case of Roman Berzins, the priest and missionary, dated 1947.

The purpose of the study is to assess the effectiveness of the establishment of specialized units in the system of prosecutors, which exclusively oversee the implementation of anti-corruption laws. Methods of research are represented by a wide range of scientific methods. The methodology is based on the dialectical method, which allows to evaluate the phenomena considered in the static and dynamic aspects. Analytical, system-structural, instrumental methods of cognition were used during the research. A comparative legal method was used to study the legislation of the post-Soviet states. The results of the study include an analysis of the current legislation, regulating the powers of the prosecutor in the process of combating corruption. Based on the experience of a number of foreign countries, the effectiveness of the activities of specialized anti-corruption prosecutors is assessed. Conclusions on the results of the study are formulated in several ways. First, the author’s assessment of the powers of the prosecutor, implemented in the fight against corruption, was given. Secondly, the experience of foreign countries, which have established specialized anti-corruption units in the system of prosecution authorities, is analyzed, and the prospect of its use in Russian legislation is justified. Thirdly, a forecast is given regarding the strengthening of the role of prosecutors in countering corruption.