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The presumption of innocence is an important bastion against miscarriages of justice and abuse of power. It guarantees that individuals will not be punished without solid and legally established evidence of their guilt. It also guarantees the impartiality of the judicial system, avoiding biased determination of the outcome of a trial. In practice, the presumption of innocence means that the prosecution has the burden of proof, the accused is not obliged to prove his or her innocence, and any doubts should be in favour of the accused. The presumption of innocence is one of the fundamental principles of our judicial system. It balances the need to punish offences with the need to protect individual rights. Case law has established a number of requirements to ensure that the presumption of innocence is not distorted. These include the need to have sufficient and substantiated incriminating evidence, as well as to respect the fundamental rights of the accused during criminal proceedings. The author analyses the national case law which defines the stages of criminal proceedings and the main provisions of the presumption of innocence and ensuring proof of guilt. The court of its own internal conviction, based on a comprehensive, full and impartial examination of all the circumstances of criminal proceedings, guided by law, evaluates each evidence in terms of relevance, admissibility, reliability, and the totality of the evidence collected in terms of sufficiency and interconnection, based on the provisions of the presumption of innocence and ensuring proof of guilt, in particular, by virtue of Art. 62 of the Constitution of Ukraine and Article 17 of the CPC of Ukraine, the provisions of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, according to which everyone charged with a criminal offence is presumed innocent until proven guilty according to law. [ABSTRACT FROM AUTHOR]

The imposition of strict criminal liability is often controversial. This article first revisits the important functions of mens rea and establishes that imposing strict liability is prima facie unfair. This article then turns to explore arguments in favour of imposing strict liability, and evaluates whether these arguments are convincing. After establishing that displacing the requirement for the prosecution to prove mens rea can be justified in some circumstances, this article explores different alternatives that allow a balance to be struck between achieving the purpose of criminalisation and minimising the infringement of the presumption of innocence. Through a comparative analysis, it is suggested that enabling a halfway house defence through statutory construction by the courts would be valuable. [ABSTRACT FROM AUTHOR]

Only in exceptional circumstances should one use a detention decision, as it is a serious matter. Authorized bodies such as the primary investigation authority and the relevant court issue detention decisions. While there are justifications for detaining someone, it does restrict the defendant's freedom and goes against the presumption of innocence. This study examined the purposes and justifications for detention, along with how the Jordanian Code of Criminal Procedure handles it. The study discovered specific reasons and justifications for detention, despite it being a temporary restriction on the freedom of an accused person without proven guilt. The Jordanian legislator outlines these in Article (114) of the Code. The study also found no conflict between detention and the presumption of innocence. The presumption of innocence is a principle of proof, meaning the burden of proving guilt lies with the prosecution. It doesn't guarantee that a detained person is innocent. [ABSTRACT FROM AUTHOR]

The article examines the qualification features of illegal deprivation of liberty or abduction of a person by a representative of the authorities under martial law. It is concluded that the qualification of illegal deprivation of liberty or abduction of a person by a representative of the authorities in the conditions of martial law has been not the subject of an indepe ndent scientific analysis. The aim of the research is to determine the algorithm for the qualification of illegal actions of a representative of the authorities, which are related to the illegal deprivation of liberty or abduction of a person under martial law. To realize the aim of the article, the following scientific methods have been used, such as: formaldogmatic one has been used for legal analysis of the powers of servicemen of the Territorial centers of recruitment and social support and policemen during mobilization measures; the method of comparative analysis makes it possible to compare the degree of social danger of individual criminal offenses associated with liberty deprivation of a person by a representative of the authorities; the statistical method makes it possible to determine the quantitative indicators of individual criminal offenses related to the deprivation of liberty of a person by a representative of authorities. The methods of analysis and synthesis makes it possible to propose specific algorithms for criminal offenses qualification related to the deprivation of liberty of a person by a representative of the authorities. The research emphasizes that the mechanism of limiting constitutional human rights and freedoms in Ukraine under martial law conditions does not determine the possibility of limiting the rights and freedoms guaranteed in Art. 29 (right to freedom and personal integrity), Art. 55 (right to judicial protection), Art. 62 (presumption of innocence), Art. 63 (right to protection) of the Constitution of Ukraine. It was established that due to incorrectly set priorities and the absence of a clear mechanism for the implementation of mobilization norms, some representatives of the authorities distorted the mobilization by committing criminal offenses, in particular, illegal deprivation of liberty or abduction of a person. Artificial latency of criminal offenses related to mobilization committed by representatives of the authorities has been established. Qualification algorithms of the government representative actions who commits certain illegal actions during mobilization under martial law are proposed, such as: according to Art. 365 of the CC of Ukraine; Part 5 of Art. 426-1 of the CC of Ukraine; according to Part 1 of Art. 146-1 of the CC of Ukraine; according to Art. 186 of the CC of Ukraine; according to Art. 187 of the CC of Ukraine; according to Art. 397 of the CC of Ukraine. [ABSTRACT FROM AUTHOR]

It is noted that the concept of the presumption of innocence is a fundamental element of the modern legal system and a key principle of criminal law. According to this principle, every individual is considered innocent of committing an offense until their guilt is established in accordance with the law and confirmed by a court verdict. This principle serves a dual function: on the one hand, it ensures the protection of the rights of the accused, and on the other hand, it serves as a mechanism to deter potential abuses by state authorities. Thus, the presumption of innocence contributes to ensuring the fairness of the judicial process and strengthens public confidence in the le gal system as a whole. The article is devoted to the study of specific issues of the principle of presumption of innocence in the context of international criminal law. The author examines its enshrinement in international legal documents and application in the practice of international judi cial institutions. The paper analyzes certain aspects of the presumption of innocence, including its interpretation by the European Court of Human Rights as a fundamental principle of justice and a specific right of the accused. Particular attention is paid to the consideration of the presumption of innocence as an objective legal provision, rather than a subjective opinion of the partic ipants in the process. The author explores the differences in the formulation of the principle of presumption of innocence in various international documents and their impact on the procedures for applying and refuting this principle. Key decisions of the European Court of Human Rights that interpret and apply the relevant provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms are examined. The author emphasizes the importance of this principle as a guarantor of fairness and objectivity in international criminal justice. The work contains a review of scientific sources, demonstrating the complexity and multifaceted nature of the issue of presumption of innocence in international law. Based on the analysis conducted, there is a need for further research and adaptation of this principle to ensure its effectiveness in the context of the development of international criminal justice. [ABSTRACT FROM AUTHOR]

It is stated that, according to the standard of proof beyond a reasonable doubt, if there is proof beyond a reasonable doubt of the defendant's guilt, it is sufficient for a conviction, and it is also undisputed that such a reasonable doubt must be evaluated according to the evidentiary difficulties of the particular case, as well as according to the crime committed. . The standard of proof beyond a reasonable doubt is the most acceptable standard in criminal proceedings for a fair trial. At the same time, indicating the need for courts to use this standard of proof, the legislator does not define its concept and does not reveal its meaning. Reasonable doubt is a frequently used term that is probably well understood but difficult to define. It is not merely a possible doubt, as everything related to human activity that depends on evidence that gives rise to moral certainty is subject to some possible or imaginary doubt. Reasonable doubt, then, deals with a state of affairs that leaves the judge's mind in such a state that he cannot say that he feels a firm conviction that gives rise to moral certainty about the truth sought. If there is a reasonable doubt as to the proof of guilt, the accused is entitled to the benefit of the presumption of innocence and to be acquitted. Thus, evidence must establish the truth of the facts in a way that produces reasonable or moral certainty, that is, a certainty that convinces, guides understanding and satisfies the minds and judgements of judges. This, he concludes, is what counts as proof beyond a reasonable doubt. The adoption of the standard of proof beyond a reasonable doubt reflects the high degree of probability required to develop the personal certainty (conviction) necessary for the purposes of conviction in criminal proceedings (guilt beyond a reasonable doubt), ultimately if there is sufficient evidence of a criminal act, and not, it should be emphasised, complete, total or absolute proof. The article examines the legal positions of the Criminal Court of Cassation as part of the Supreme Court and the European Court of Human Rights with regard to determining the content of the standard of proof 'beyond reasonable doubt' in criminal proceedings. In the doctrine of criminal procedure, the concept and content of the standard of proof 'beyond reasonable doubt' is the subject of considerable attention of procedural scholars. [ABSTRACT FROM AUTHOR]

The article examines the institution of a lawyer's investigation in criminal proceedings, as well as the activity of a defense attorney in collecting evidence within the framework of criminal proceedings, which should be regulated as fully and qualitatively as possible (as far as possible) in order to implement such principles of criminal proceedings as the presumption of innocence, ensuring the suspect's right for the defense, competition of the parties, and these principles should apply not only at the stage of the trial, but also at the stage of the pre-trial investigation. Attention is drawn to the fact that currently, in practice, in the absence of legislative regulation of the procedure for the inclusion of information collected by the defense counsel in the materials of criminal proceedings, the defense counsel has to make a reasoned request to officials who are conducting criminal proceedings. It is noted that evidentiary information collected by the defense attorney on his own without involving the materials of the criminal proceedings cannot be used in the process of proving and substantiating the position of the defense in the criminal proceedings, i.e. become evidence in the full sense of the word. In this regard, it is proposed to make changes to the Criminal Procedure Code of Ukraine regarding the procedure for the inclusion of information collected by the defense attorney in the materials of criminal proceedings, including the procedure for providing it by the defense attorney and the procedure for receiving it from the defense attorney by the inquirer, investigator, prosecutor, and court, specifying that no the right, and the duty of persons conducting pre-trial investigation in criminal proceedings to attach evidentiary information to the materials of criminal proceeding s. It is pointed out the need for regulatory regulation of the specified legal relations in view of the importance of the development of the institution of evidence collection by the subjects of criminal proceedings, including the defense attorney; since his activity in this field is necessary for the practical implementation of the principle of adversarial criminal proceedings, equality of the parties, as well as for objective pre-trial investigation and trial of each specific criminal proceeding. [ABSTRACT FROM AUTHOR]

Copyright of Opuntia Brava is the property of Universidad de Ciencias Pedagogicas de Las Tunas, Centro de Documentacion e Informacion Pedagogica 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 Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) 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 paper aims at studying the impact of the media trial in social platforms on the Indian judiciary. The current trend of media on reporting cases commonly known as "Trial by media" has witnessed the sensation of self-manifested stories, half-baked truth resulting in the violation of the right of individuals, resulting in media reporting transforming into a media circus. In India, media trials have assumed significance. There have been several cases where the media had taken the case into their own hands and declared judgement against an accused contrary to fair trials in court. An empirical research is done with a sample size of 200. The sample frame is Chennai, Tamil Nadu. The main aim of the study is to find out the impact of media trial on Indian judiciary. The independent variables are age, gender, marital status, educational qualification and occupation. The dependent variables are the awareness of media trials, its effect on judges, and independence of judiciary, contempt of court and implications of media trial on judiciary. The advent of social media and digital technology has revolutionized the dissemination of information, significantly impacting the dynamics of media trials. This study explores the dual-edged influence of these technologies on justice and fairness within the judicial process. While social media platforms enable real-time public discourse and democratize access to information, they also risk undermining the presumption of innocence by fostering widespread prejudgment. This research critically examines how digital narratives shape public opinion, potentially influencing judicial outcomes and compromising fairness. The statistical tools used in the study are graphical representation and correlation analysis. The media trial has a negative impact on the judiciary. The media trial has a subconscious effect on the judge's decision. The findings underscore the need for regulatory measures that uphold the integrity of legal proceedings in the digital age, ensuring that the pursuit of justice remains untainted by external pressures. [ABSTRACT FROM AUTHOR]

Organised crime encompasses illegal activities carried out by groups of individuals, whether operating on a transnational, national, or local scale, with a structured framework primarily motivated towards achieving financial profits. These unlawful activities often extend beyond geographical boundaries and socio-economic contexts, influencing financial systems on a global scale. The continuous exposure to such criminal activities often fosters the development of innovative methodologies by syndicates, making them more rampant. In India, organised criminal activity has long been a prevalent issue, prompting various states to enact statutes aimed at addressing this menace and fulfilling international obligations ('Maharashtra Control of Organised Crime Act, (1999); Gujarat Control of Terrorism and Organised Crime Act, (2015); Karnataka Control of Organised Crimes Act, (2000)'). Specific aspects of such crimes, including 'money laundering (Prevention of Money Laundering Act, 2002), cybercrime (Information Technology Act, 2000), prostitution (Immoral Traffic (Prevention) Act, 1956), drug trafficking (Narcotic Drugs and Psychotropic Substances Act, 1985)', etc., are targeted by the enactment of specialized legislations. Keeping in view the severity and magnitude of such organised crimes, these statutes typically share similarities in their provisions which can be assessed from the stringent bail conditions outlined in these legislations adhering to the principle of reversed presumption of innocence. However, the recent integration of the concept of organised criminal activity within the 'Bharatiya Nyaya Sanhita', 2023, has brought discrepancy in the existing bail provisions under these legislations which need to be addressed soonest as to ensure uniform application and mitigate the likelihood of discrepancies that may arise in their implementation. This paper examines the implications of the evolving legal landscape surrounding organised crime in India. By delving into the core issues surrounding bail provisions and analyzing the practical ramifications of existing anomalies, this paper aims to contribute to a deeper understanding of the challenges and opportunities in effectively addressing organised crime in contemporary India by putting forward various suggestions in this regard. [ABSTRACT FROM AUTHOR]

Copyright of Revista de la Facultad de Derecho y Ciencias Políticas is the property of Revista Faculdad de Derecho y Ciencias Politicas 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 Opuntia Brava is the property of Universidad de Ciencias Pedagogicas de Las Tunas, Centro de Documentacion e Informacion Pedagogica 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.)

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Copyright of AAU Journal of Business & Law is the property of Association of Arab Universities 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 Derecho Penal y Criminologia is the property of Universidad Externado de Colombia, Departamento de Derecho Penal y Criminologia 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 Foro Revista de Derecho is the property of Universidad Andina Simon Bolivar, Sede Ecuador 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 Revista Didasc@lia: Didáctica y Educación is the property of Universitaria de Las Tunas, Centro de Estudios de Didactica 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 aim of the study is to compare the legal guarantees of ensuring human rights in criminal proceedings at the international and national levels and their actual compliance, as well as to identify of the main problems and solutions. The research employed doctrinal approach, comparative law, and statistical analysis. The study established that international and national regulatory acts form a solid framework for ensuring the observance of human rights in criminal proceedings. At the same time, statistics evidenced frequent cases of violations of such rights are observed. The results of the research gave grounds to make recommendations regarding the improvement of the state of ensuring human rights in criminal proceedings in Ukraine. These include the fight against corruption, strengthening the independence of the judiciary, improving the training of employees in the relevant field, using the practice of the European Court of Human Rights (ECHR), and finding alternatives to imprisonment. Further research should be focused on studying ways of using automated decision-making systems at certain stages of criminal proceedings and related risks.

This paper systematizes and compares, based on the reasoning of the U.S. Supreme Court and its decisions, four pairings of concepts that arise from discussions on the operability of the presumption of innocence in the AngloAmerican legal system. The article illustrates that the partial conclusions in each of these comparisons must be reached by arguments consistent with the normative foundation of the presumption of innocence principle in order to find the defining characteristics of said principle. Ultimately, the paper sets forth a definition of the presumption of innocence that encompasses each of the partial conclusions thus reached. [ABSTRACT FROM AUTHOR]

The Apostolic Constitution Pascite Gregem Dei. A brief but necessary historical retrospective of the presumption of innocence: a key to interpreting procedural guarantees. Onus probandi incumbit eo qui dicit: the right and duty to answer well-founded and documented accusations. In dubio pro reo: If the judge cannot establish the moral certainty of guilt, an acquittal sentence must be issued. Is there a right to acquittal? The presumption of imputability and the presumption of innocence. Some procedural consequences of the principle of presumption of innocence: notitia criminis and the prior investigation; the obligation of secrecy and confidentiality; the "administrativization" of criminal proceedings; precautionary measures; informing the accused so that the right of defense with regard to the accusations made is protected; moral certainty must be achieved; criminal conviction with mitigation; and the suspensive effect of appeal and appeal. Vademecum of the DDF. Admonitions and criminal remedies. Some concluding considerations. [ABSTRACT FROM AUTHOR]

This article analyzes the mutual influences between canon law and secular law in the so-called secular era. Canon law brings light to secular law as it is a source of multi-secular juridical wisdom and transcendent knowledge. Therefore, this contribution does not respond to the standards of secular legal reasoning, nor is it coercive. It is a purely meta-rational light, which can be recognized and assimilated by legal systems without losing its note of secularity. For its part, secular law brings a refined juridical technique to canon law. Secular law helps canon law to limit the degree of discretion in the application of the law, to give greater significance to comparative law, to improve the communicative aspects of canon law, to implement procedural guarantees, especially the presumption of innocence, and to curb excessive juridicism. [ABSTRACT FROM AUTHOR]

Criminal and disciplinary liability are not mutually exclusive. Both criminal and disciplinary liability can be applied for the manipulation of sports competitions. That being the case, this article discusses the issue of compliance with the ne bis in idem principle in the situation of cumulative liability. This principle is incident in criminal matters, in a broad sense. To provide a thorough answer, first of all the Engel test is analyzed. Through the lens of this test, which is contained in the jurisprudence of the European Court of Human Rights, it was concluded that the disciplinary sanctions applicable in the case of manipulation of sports competitions are criminal rather than civil. Under these conditions, problems arise when similar sanctions (e.g., fine) are applied both according to disciplinary regulations and according to criminal law. Thus, it was shown that in order to comply with the ne bis in idem principle, the reasoning in the judgment A and B v. Norway should be taken into account. [ABSTRACT FROM AUTHOR]

Copyright of Majalat Monazaat Al-Aamal is the property of Majalat Monazaat Al-Aamal 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.)

Despite being an important matter, this question is not asked enough. What is the standard of proof for an indictment? What level of prima facie evidence of the criminal offence should the investigating judge find in the investigated facts to issue a formal indictment resolution instead of dismissing the case? The law only provides vague notions. Courts sometimes require a low standard of proof or they may refer generally to the idea of "likelyhood" of the criminal offence happening but other times they apply a stricter standard. In line with the better grounded Supreme Court case law, we argue that a literal interpretation of the rules governing this matter and where they are found in Criminal Procedure Law, as well as an interpretation that takes into account the presumption of innocence, entail a stricter standard - similar to the common law's "more likely than not" standard. [ABSTRACT FROM AUTHOR]

Copyright of Revista CES Derecho is the property of Universidad CES 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 analyzes the contradiction between probable cause and presumption of innocence and how the right to fair trial of a criminal defendant relies on a child's education in fine arts. Topics discussed include history of probable cause and the Anglo-American presumption of innocence, impartial jury, standard of probable cause as inherently prejudicial, and jury's willing suspension of disbelief as a mandatory condition for the right to fair trial.

Enforcement of uncontested or contested fines that have become final following the judicial procedure must be carried out effectively, as the end point of the infringement procedure, in order to fulfil the preventive and punitive roles of the sanction. A fine is the most commonly applied principal penalty for a contravention, with usually generous general and special limits, which allow a fair individualisation of the penalty according to the criteria provided for in Article 21(2) of the Treaty. 3 of GC 2/2001. The person who imposes the fine is usually the official himself, mentioning it in the report, including the possibility for the offender to pay half of the special minimum within 15 days. To the extent that the offender agrees to take advantage of this facility, namely to pay within 15 days half of the special minimum, he does not lose the right to challenge the fine, because payment does not inactivate the presumption of innocence which he enjoys, but only the offender is a prudent and diligent person, who, not being able to know from the outset, objectively, the outcome of a possible legal action, takes the measures that the law recognises in his favour to mitigate as much as possible the future financial loss. Following the two stages of jurisdiction, at first instance and on appeal, the outcome of the infringement complaint may be negative for the offender, if the claim is rejected, or positive, if the fine imposed is re-indexed and a lower fine is definitively imposed, or the fine imposed is replaced by a warning, or the infringement report is annulled on grounds of formal or substantive illegality or unreasonableness. Payment of the fine will be made at the offender's town hall of residence, and it is irrelevant where the offence was committed or where the report was made. The offender can go to the Town Hall, to any Treasury office or to any post office or can choose to pay the fine via the Ghișeul.ro platform or via internet banking. Under Article 165(2) of the Code of Tax Procedure, fines are paid in priority to other taxes owed by the taxpayer. In all cases, if the person sanctioned is a legal person, the communication of final sanctions not voluntarily executed shall be made to the units subordinated to the Ministry of Public Finance – National Tax Administration Agency, in whose territorial district the offender has his tax domicile, as required by Article 39 para. 2 lit. b of OG no. 2/2001. According to Article 230 of the Code of Tax Procedure, enforcement begins with the communication of the summons. If the debt is not extinguished within 15 days of the communication of the summons or if the tax authority is not notified of the intention to initiate the mediation procedure, enforcement measures shall continue. The summons shall be accompanied by a copy of the enforcement order issued by the enforcement body. If this deadline is also ignored by the offender, the enforcement body will proceed to identify the debtor's assets and evaluate them. According to Article 222 of the Code of Tax Procedure, the enforcement body shall carry out the valuation through its own or independent valuation experts. If the fines are small and the offender has regular income, the uncollected fines are covered by distraint, otherwise the offender's assets may be sold. [ABSTRACT FROM AUTHOR]

The article discusses whether defendants could claim to have a right to a hearing by videoconference. The discussion is conducted by comparing online hearings with traditional (in presence) hearings. Based on both empirical evidence and legal theoretical reflection, it is argued that the physical presence of defendants in front of adjudicating authorities might also bear negative consequences for their presumption of innocence, which could be removed by the defendant's choice to appear online. While academics and stakeholders tend to over-emphasise the negative sides of videoconferencing, they seem not to have considered in full why so much importance is attached to the element of "body language" in criminal hearings. The article then considers whether there are public interests or values that stand in the way of the affirmation of a right to an online hearing via videoconference. While it is acknowledged that such interests or values do exist, it is argued that they should not lead to denying the very existence of the right, but they could act as possible exceptions in specific circumstances. [ABSTRACT FROM AUTHOR]

Copyright of Revista Didasc@lia: Didáctica y Educación is the property of Universitaria de Las Tunas, Centro de Estudios de Didactica 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 Kırıkkale Law Journal (KLJ) is the property of Kirikkale Law Journal 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 issue of protecting the suspects’ rights during criminal investigations is an important aspect of the functioning of the legal systems of modern democratic states. The effectiveness of European mechanisms plays a leading role in strengthening the rule of law, promoting the transparency of justice, and guaranteeing the rights and freedoms of every person. The article aims to study the effectiveness of the legislative and procedural frameworks for protecting the suspects’ rights in criminal cases in the European space using the case of Sweden. The paper examines the judicial system’s activity, focusing on practical and legal aspects, and highlights European mechanisms for protecting suspects’ rights. Special attention is paid to the Swedish model, which is an example of effective protection of the rights of suspects due to the developed system of socialisation and rehabilitation. The analysis revealed the need to strengthen international cooperation and harmonise the legislative framework at the EU level. The practical significance of the article is the identified basic advantages of the Swedish judicial system in protecting suspects’ rights, as well as the developed recommendations for improving the criminal process in European countries and in Ukraine. [ABSTRACT FROM AUTHOR]

The article is devoted to the analysis of lustration as an independent type of constitutional and legal liability in Ukraine and its evolution under the influence of the decision of the European Court of Human Rights in the case "Polyakh et al. v. Ukraine" (became final on February 24, 2020). It is noted that lustration, in view of its principles - presumption of innocence, individual responsibility, guaranteed right to defense - and in view of the consequences for the person subject to lustration, is an "instrument" that leads to the restriction of the rights and freedoms of a person and a citizen. This is an independent type of constitutional and legal responsibility that is developing in Ukraine and is an integral part of the development of Ukraine as a democratic state. It is noted that since lustration limits the rights and freedoms of a person and a citizen, it must meet the following criteria: be established by law; have a legitimate purpose; to be necessary in a democratic society. The decision of the European Court of Human Rights in the case "Polyakh et al. v. Ukraine" was analyzed. As for the legitimate purpose, when applying lustration as an type of constitutional and legal responsibility in Ukraine, it was applied to a very wide range of persons, which did not correlate with the legitimate purpose and legal purpose, which was to protect a democratic form of government. This large circle of lustrated persons included persons for whom the application of lustration did not pursue a legitimate goal, and the interference with their rights was not proportionate. Since the decision of the European Court of Human Rights is a source of law in Ukraine, and Ukraine has an obligation to implement the decisions of the European Court of Human Rights, taking measures of a general nature to implement the decision "Poliakh et al. persons subject to lustration and its clear definition. As for the measures that were applied to all persons subject to lustration, such measures were as restrictive as possible, as broad as possible in scope, and no individual assessment of the behavior of the person subject to lustration was carried out. When improving the legislation on lustration, it is necessary to provide for an individual assessment of the person subject to lustration; to apply restriction measures, which are characterized by different degrees of restriction and to establish the criteria for their measurement and application. [ABSTRACT FROM AUTHOR]

This Article presents the argument that the presumption of innocence should serve as the cornerstone in wrongful incarceration compensation determinations. Using a case study approach, this Article critically analyzes the wrongful incarceration application of Anthony Ray Hinton, who was exonerated after serving almost thirty years on Alabama's death row. It then analyzes Professor Kenneth Pennington's study of Western European common law to illustrate the historical injustices that resulted from presuming the accused guilty. It tracks the introduction of the presumption of innocence to American jurisprudence through English common law highlighting the error that Justice White made about the origin of the presumption in Coffin v. United States.1 The author argues that the error established an inaccurate foundation for the presumption that has translated into unjust wrongful incarceration compensation determinations. The author offers statutory language that would establish the presumption of innocence as an inviolate standard to safeguard against further violating the rights of exonerees and limit government abuses of power. The author concludes that the presumption is more than a legal standard that informs due process; it is a fundamental principle of justice that encourages citizens to perceive each other as innocent until proven guilty and to take adequate actions to correct wrongs. [ABSTRACT FROM AUTHOR]

Although one of the key principles of the criminal procedure law - the presumption of innocence is officially declared as an aspiration in Lithuanian legal regulation and case law, there are still some areas of possible threat to this key principle. Therefore, the purpose of this research paper is to identify and analyse specific problems of ensuring the presumption of innocence in Lithuanian criminal law and criminal procedure law. So, the analysis was based on three main questions: the difficulties of ensuring the presumption of innocence in the Lithuanian criminal procedural law and Lithuanian criminal law and in the context of media. The research was carried out by employing the logical, the systematic, the linguistic, the historical, the comparative and the synthesizing research methods as well as the analysis of legal documents. The results of research analysis revealed specific areas that pose the greatest threat to violation of the presumption of innocence, as grounds for the termination of a criminal case; the general basis for issuing a preventive measure (arrest); complicity where the accomplices are tried in separate cases and media statements that have a direct impact on the impartiality of judges. [ABSTRACT FROM AUTHOR]

Background/Objective: The expert report is a tool used by the forensic psychologist to scientifically support the psychological evaluation and communicate his or her decision regarding the expert object to the legal operator. However, psychological assessments elaborated for these types of cases often use protocols and emit conclusions without the accuracy and rigor required for the judicial context. It is common that these do not present a proper structure, or a logical continuity that integrates the results, and that their considerations are unclear or contradictory due to an incorrect choice of evaluation techniques. Method: This article presents an expert counter-report where the structure, content, methodology, and conclusions of a psychological expert report based on the Statement Reality Analysis (SVA) technique are analyzed. The report evaluates the truthfulness of the testimony of an alleged minor victim of Child Sexual Abuse (CSA), which is the typical evidence used in Legal Medicine and Forensic Science Institutes. Results: The analysis and review of the report revealed deficiencies in the method, premises, and conclusions. Conclusions: It is concluded that the quality assessment of psychological reports as the evidence used in CSA cases based on the SVA must be systematically cross-checked to verify the compliance with the scientific, legal, and jurisprudential standards. Also, when these reports are used as evidence, it should be verified compliance with the principle of the presumption of innocence. [ABSTRACT FROM AUTHOR]

Restorative Justice has triumphantly entered the core of the Italian "penal citadel". The "Cartabia Reform" (Legislative Decree nº 150/2022) provided an organic and detailed regulation of the "giustizia riparativa" and a new and complex organisational infrastructure for it. Now, in Italy, restorative processes can be applied to all offences and at any stage of the criminal procedure. Restorative processes' effects on the penal system are various, although generally not so impactful, and globally reasonable, if properly framed. On the other hand, in the procedural field, serious problems arise, which can generate distorting dynamics. The new Italian legislation offers an opportunity to reflect on a new paradigm of justice and on its complex relationship with the criminal justice system. [ABSTRACT FROM AUTHOR]

The purpose of the article is to determine, taking into account the results of the analysis of the current legislation of Ukraine and the provisions of the doctrine of criminal law, the issues of correlation and ensuring the compliance of the institution of release from criminal liability with the constitutional presumption of innocence. The methodological basis of the presented article includes a complex of general and special legal methods including analysis and synthesis, the method of description and observation, comparative- and formal-legal methods. Results and conclusions. The article, taking into account the results of the analysis of the current legislation of Ukraine and the provisions of the doctrine of criminal law, identifies the problems of the relationship between the institution of release from criminal liability and the constitutional presumption of innocence. It is established that the release from criminal liability does not refute the admission of guilt of a person, if you give him the value of official confirmation (statement) of the fact that he committed a criminal offense. It is determined that the release from criminal liability also concerns the problems of ensuring the rule of law in the activities of public authorities, compliance of criminal law with the principles and norms of international law, systemic coherence of various branches of the national legal system. It is determined that the presumption of innocence is recognized as one of the fundamental principles of criminal justice in a state governed by the rule of law. At the same time, it is an important element of the right to a fair trial guaranteed by Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which is part of national law by virtue of Article 9 of the Constitution as an international treaty. However, despite its fixation in the most important international legal acts that enshrine universal standards of fundamental human rights, and the enshrinement of the Constitution of Ukraine states that in practice the presumption of innocence is often violated, as evidenced by a number of decisions of the European Court of Human Rights concerning Ukraine. [ABSTRACT FROM AUTHOR]