The Experts below are selected from a list of 31023 Experts worldwide ranked by ideXlab platform
Marc Engelhart - One of the best experts on this subject based on the ideXlab platform.
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the secret service s influence on Criminal Proceedings
2010Co-Authors: Marc EngelhartAbstract:This chapter analyses the influence the German secret services have gained on Criminal Proceedings in the context of the anti-terrorism legislation of recent years. It examines the organizational structure of the services, and their tasks and powers in regard to the investigation of terrorism and other crimes. Because the secret services are not traditional players in the Criminal justice system, their possibilities to influence Proceedings by cooperating with the police, the prosecution, and the courts are evaluated. The main emphasis is placed on the exchange of information and its constitutional context. Finally, some major problems in Criminal Proceedings that arise out of the use of information collected by the secret services and their solution by the German judiciary are discussed. The chapter shows that the participation of the secret services substantially changes the way Criminal Proceedings are conducted, especially in regard to the use of evidence.
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The Secret Service’s Influence on Criminal Proceedings
A War on Terror?, 2009Co-Authors: Marc EngelhartAbstract:This chapter analyses the influence the German secret services have gained on Criminal Proceedings in the context of the anti-terrorism legislation of recent years. It examines the organizational structure of the services, and their tasks and powers in regard to the investigation of terrorism and other crimes. Because the secret services are not traditional players in the Criminal justice system, their possibilities to influence Proceedings by cooperating with the police, the prosecution, and the courts are evaluated. The main emphasis is placed on the exchange of information and its constitutional context. Finally, some major problems in Criminal Proceedings that arise out of the use of information collected by the secret services and their solution by the German judiciary are discussed. The chapter shows that the participation of the secret services substantially changes the way Criminal Proceedings are conducted, especially in regard to the use of evidence.
Anna Alexandrovna Petrikina - One of the best experts on this subject based on the ideXlab platform.
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THE COURT’S PROVISION OF REASONABLE TIME IN Criminal Proceedings
Revista Inclusiones, 2020Co-Authors: Tatyana Gennad’evna Borodinova, Vladimir Mikhaylovich, Anna Skachkomikhaylovich, Alexander Gaevoy, Anna Alexandrovna PetrikinaAbstract:This article aims to define theoretical and practical importance of the “reasonable time” principle in Criminal Proceedings. We analyze the conceptions of legal developments on reasonable time in Criminal Proceedings as regards the efficiency of justice. The position of the European Court of Human Rights and the Russian comprehension of the regulations on reasonable time in pretrial Proceedings serve as a basis for determining importance and correlation between circumstances considered in setting reasonable time. We analyze legislative rules on determining reasonable time in Criminal Proceedings and the possibilities of parties to participate in accelerating procedures.
Oleg Aleksandrovich Zaytsev - One of the best experts on this subject based on the ideXlab platform.
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International Legal Positions on the Safety of Participants in Criminal Proceedings
2019Co-Authors: Oleg Aleksandrovich Zaytsev, Aleksandr Yu. Epikhin, Andrei V. MishinAbstract:The article describes international legal positions that each State should observe regarding ensuring the safety of participants in Criminal Proceedings. The influence of international conventional acts on national law is great. The Russian Federation has ratified a number of conventions and agreements that establish important principles for the providing protection for participants in Criminal Proceedings. In addition, the work of the European Court of Human Rights also influences the formation of national legislation. The international community has developed the documents that provide States with unified and universally accepted legal provisions for the regulation of key issues relating to the statutory position of the person in Criminal Proceedings, ensuring their security. Such common legal approaches are interrelated and complement each other. They provide guidance to the State in bringing national legislation into line with the requirements of the world community. This is necessary in order to develop domestic remedies and methods for providing protection for victims, witnesses and other persons involved in Criminal Proceedings.
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State Protection and Safety of Participants in Russian Criminal Proceedings
Internal Security, 2016Co-Authors: Oleg Aleksandrovich Zaytsev, Aleksandr Jurevich YepihinAbstract:International law is a powerful generator of factors for the creation of Criminal procedure security system. However, the mechanism of implementation of international law in national, Russian legislation causes certain difficulties. The problem is the imperfection of regulating the implementation process of international law within a particular state. The institute of public protection and safety of participants in the Russian Criminal Proceedings is now sufficiently developed. However, it is no longer possible to investigate effectively the problems in law enforcement within the same branch of jurisprudence, such as Criminal Proceedings. It is absolutely necessary to obtain knowledge from related areas of law, as well as from other disciplines (e.g., psychology, conflict resolution). Also positive examples of implementation of the state protection and ensure the safety of persons, used by some foreign countries are highly required in the Russian legislation and law enforcement practice. At present, the accumulation of a sufficient number of laws and legal acts can be observed which regulate the state protection of participants of the Russian Criminal process. Improved security of the individual in Criminal Proceedings is directly related to the cross-sectoral research; generalization of positive examples of law enforcement practices; sufficient methodological support for law enforcers (investigators, prosecutors and judges); adequate funding of state protection measures.
Inna N. Razzorenova - One of the best experts on this subject based on the ideXlab platform.
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Unreasonableness of Reasonable Time in Criminal Proceedings
Ugolovnaya yustitsiya, 2020Co-Authors: Valery K. Znikin, Inna N. RazzorenovaAbstract:The analysis of the Criminal procedure law made it possible to conclude that there is a historically established tendency for a complete, comprehensive, and objective investigation with the principle of reasonable time. The authors emphasize the lack of legislative consolidation of the concept of “reasonable time”, which results in the lack of clarity in making a decision on its violation. The research into practice has shown that there are situations inconsistent with the principle of reasonable time that are not recognized as a violation of it. Having summarized the theoretical views and practices of applying the provisions of Article 125 of the Code of Criminal Procedure of the Russian Federation, the authors identify the obstacles in ensuring citizens’ access to justice and ensuring a reasonable period of Criminal Proceedings and propose the ways to improve the mechanism for ensuring judicial protection of the rights of individuals. They also stress out the need for legislative consolidation of the delivery of a court decision on the deadline for verification of a crime report or a timeframe for investigation in a Criminal case. The conclusion is that a reasonable period of Criminal Proceedings is such a period that does not give rise to a contradiction between the actions of the participants in the Criminal Proceedings and the public’s demand for a timely and adequate response of the court to all abuses committed by these participants, entailing an increase in the duration of the Criminal Proceedings. As a consequence, the requirement for a prompt, complete, comprehensive, and impartial investigation is part of the “reasonable time” principle.
Vladimir. P. Kramarenko - One of the best experts on this subject based on the ideXlab platform.
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Execution of a Sentence – an Independent Stage of Criminal Proceedings
Penitentiary science, 2020Co-Authors: Vyacheslav B. Shabanov, Lyudmila Yu. Budanova, Vladimir. P. KramarenkoAbstract:The article investigates how the notion “execution of a sentence” was formed and analyzes the content of the stage of execution of a sentence as an independent part of Criminal procedure, examines legal issues of Criminal Proceedings within the stage of execution of a sentence, and puts forward some ways to improve it. The fact that court activities aimed at considering and resolving issues related to the execution of a sentence are defined as part of Criminal procedure rather than as an independent stage is a subject for debate, because this activity may or may not take place. But we agree with those scholars who believe that the stage such as the presentation of a sentence for execution always emerges during sentencing, and the analogy with the stage of launching Criminal investigation allows us to conclude that, that further Criminal Proceedings may occur several times or may not occur at all and thus form an independent stage of Criminal procedure. We studied the opinions and statements of practitioners and scholars in the field of Criminal procedure concerning the role and importance of Criminal Proceedings aimed at the execution of a sentence as an independent stage of Criminal procedure, institution of Criminal procedural law, a separate phase of Criminal procedure and the theoretical arguments as to the essential nature and meaning of the execution of a sentence in Criminal procedure. We conclude that Criminal Proceedings aimed at presenting the sentence for execution, consideration and resolution by the court of the issues related to its execution form the content of an independent stage of Criminal procedure, which has all the necessary and characteristic features. Key words: execution of a sentence; stage of Criminal procedure; subjects of execution of a sentence; Criminal justice; Criminal Proceedings.
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EXECUTION OF A SENTENCE - AN INDEPENDENT STAGE OF Criminal Proceedings
Penitentiary science, 2020Co-Authors: Vyacheslav B. Shabanov, Lyudmila Yu. Budanova, Vladimir. P. KramarenkoAbstract:The article investigates how the notion “execution of a sentence” was formed and analyzes the content of the stage of execution of a sentence as an independent part of Criminal procedure, examines legal issues of Criminal Proceedings within the stage of execution of a sentence, and puts forward some ways to improve it. The fact that court activities aimed at considering and resolving issues related to the execution ofa sentence are defined as part of Criminal procedure rather than as an independent stage is a subject for debate, because this activity may or may not take place. But we agree with those scholars who believe that the stage such as the presentation of a sentence for execution always emerges during sentencing, and the analogy with the stage of launching Criminal investigation allows us to conclude that, that further Criminal Proceedings may occur several times or may not occur at all and thus form an independent stage of Criminal procedure. We studied the opinions and statements of practitioners and scholars in the field of Criminal procedure concerning the role and importance of Criminal Proceedings aimed at the execution of a sentence as an independent stage of Criminal procedure, institution of Criminal procedural law, a separate phase of Criminal procedure and the theoretical arguments as to the essential nature and meaning of the execution of a sentence in Criminal procedure. We conclude that Criminal Proceedings aimed at presenting the sentence for execution, consideration and resolution by the court of the issues related to its execution form the content of an independent stage of Criminal procedure, which has all the necessary and characteristic features.
