Results 1 to 10 of about 5,011 (249)

Criminal Procedural Consequences of the Court’s Return of an Indictment to the Prosecutor

open access: yesLaw and Safety
The article analyses the criminal procedural consequences which will occur under the current Criminal Procedure Code of Ukraine if the court returns an indictment to the prosecutor.
O. M. Drozdov   +2 more
exaly   +3 more sources

THE INDICTMENT DECISION AS A PROCEDURAL FILTER: LEGAL REQUIREMENTS AND EFFECTIVENESS CRITERIA

open access: yesRevista Eletrônica de Direito Processual, 2021
This work analyzes the indictment decision carried out in the first stage of the jury procedure. The indictment decision acts as a procedural filter reducing the risk of wrongful convictions by the jury.
Fernando Martinho de Barros Penteado
doaj   +1 more source

The identity of judgment and indictment [PDF]

open access: yesZbornik Radova Pravnog Fakulteta u Nišu, 2015
The subject matter of criminal proceedings (the criminal subject matter) is determined by the indictment raised by the authorized prosecutor. This is a direct consequence of the application of the accusation principle, whose essence is embodied in the ...
Ilić Ivan
doaj   +1 more source

FINAL ACTS OF THE PRELIMINARY INVESTIGATION AS A KIND OF PROCEDURAL REQUESTS

open access: yesПравовое государство: теория и практика, 2023
Petitions, complaints and other forms of procedural requests are essential to the achievement of the objectives of criminal justice. These procedural acts ensure that citizens and organizations involved in criminal proceedings can exercise their rights ...
DIKAREV Ilya Stepanovich
doaj   +1 more source

Continuarea judecăţii sau restituirea cauzei la procuror? Despre consecinţele procedurale naţionale ale deciziei CJUE din cauza C-282/20 ZX [PDF]

open access: yesForum Juridic, 2021
On October 21, 2021, the European Court of Justice ruled in ZX and Spetsializirana prokuratura (Specialized Prosecutor's Office, Bulgaria), application no. C ‑ 282/20, by which it established art. 6 para.
Andrei Zarafiu, Giulia Șologon
doaj   +1 more source

On the concept of an appellate measure in a criminal proceeding

open access: yesIus Novum, 2023
The aim of the paper is to analyse how the term ‘appellate measure’ is interpreted in the Polish doctrine of criminal procedure law and, in particular, to assess the accuracy of the assumption that the possibility of recognising a particular means of ...
Bartosz Łukowiak
doaj   +1 more source

The Crucial Role of Court Proceedings Reports in Criminal Case Proceedings and the Dilemma of Judicial Decision-Making

open access: yesAl-Ahkam: Jurnal Ilmu Syari'ah dan Hukum, 2023
The impact of legal positivism on law enforcement has been substantial. Judges, when deciding a case, consistently adhere to the indictment presented by the public prosecutor, even though at times the indictment may conflict with the facts presented ...
Bakhrul Amal
doaj   +1 more source

MECHANISM OF INDICTMENT. PROBLEMS, THEORY AND PRACTICE

open access: yesRussian Journal of Economics and Law, 2017
Objective: to determine the stages of the mechanism of pre-trial adoption of indictment, to identify the main mistakes made when making an indictment, and offer ways of their elimination.Methods: logical, comparative-legal, normative-logical and ...
T. A. Gumerov
doaj   +1 more source

On the Impartiality of the Prosecutor in the Courts of the Russian Empire (Normative Regulation and Practice of Implementation)

open access: yesJournal on European History of Law, 2020
The article deals with theory, normative regulation and practice of implementing the principle of impartiality when supporting prosecution by the Prosecutor’s office in the courts of the Russian Empire after the judicial and military-judicial reforms of
Vasil Gorbachov
doaj   +1 more source

Peculiarities of Prosecution and Indictment of the President of the Slovak Republic: Is Current Legal Regulation Really Sufficient?

open access: yesSocial Sciences, 2019
In a democratic state following the principle of rule of law, every person (including state authorities) must bear a legal liability for an unlawful act committed.
Bystrík Šramel   +2 more
doaj   +1 more source

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