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Showing 1 to 20 of 75 for “"Criminal Procedure"”.
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On the Inquisitorial Spectrum : The Story of Comparative Criminal Procedure
… Spectrum</em>: <em>The Story of Comparative Criminal Procedure</em>, stands at the intersection of comparative law, legal history, and criminal procedure. It goes beyond merely comparing procedural similarities and differences between legal systems, by proceeding to identify those phenomena …
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Burying the Ghosts of a Complainant’s Sexual Past: The Constitutional Debates Surrounding Section 227 of the Criminal Procedure Act 51 of 1977
… twice- once by the offender and once by the criminal justice system.”1 South Africa’s rape shield provision is contained in section 227 of the Criminal Procedure Act.2 The purpose of its enactment is to protect a complainant in a sexual offence matter from secondary victimisation during the …
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Bail and the presumption of innocence: a critical analysis of section 60(1-1) of the criminal procedure Act 51 of 1977 as amended
… which it offers, since a person charged with a criminal offence stands to lose dearly in personal liberty, in social life and psychological well-being. The presumption is, therefore, a pivotal element of a culture of democracy and human rights. This study is prompted by the realisation that the …
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Nusikalstamą veiką imituojančių veiksmų atlikimas įrodinėjimo procese /
„EXECUTION OF CRIMINAL ACT SIMULATING ACTIONS IN AVERMENT PROCESS“ Police and other law enforcement structures to struggle against organized crime have very powerful tool named as execution of criminal act simulating actions. This legal proceeding is definable as actions by the nature are very …
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Liudijimo imunitetai baudžiamajame procese /
Witness Immunity in Criminal Procedure. Witness immunity is one of the most important evidentiary rules, due to the fact, that it directly influences the process of information, which can be later used as evidence in court, gathering. This paper reveals a complex analysis of witness immunities …
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A critical analysis of a review pendente lite application against a lower court`s proceedings and its influence on the right to a fair trial: A South African perspective.
… to have committed offence[s] and subjected to a criminal trial. Whenever the accused is not satisfied with the pending criminal proceedings in a lower court and has a reasonable ground[s] or apprehension that, such proceedings are not in accordance with justice, this study contends that, there is …
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Access to legal assistance for indigent accused person during the pre-trial stage: an analysis of the role of paralegals.
… as the beginning of the Nineteenth Century.3 The Criminal Procedure and Evidence Act 31 of 1917 (CPEA), for example, referred to a defendant’s right to legal assistance. In section 97 of the CPEA, an accused was afforded access to their legal counsel during the pre-trial stage. Similarly, the …
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Witnesses in South Africa, the stepchildren of the criminal justice system
In South Africa the criminal justice system is primarily controlled by the Criminal Procedure Act1 and its application in the criminal process. The introduction of a justiciable Bill of Rights2 on 27 April 19943 ushered South Africa into a new legal and constitutional dispensation, which in tum …
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L'utilizzabilità degli atti nella fase investigativa. La prova per le indagini preliminari
… is about the Investigation in the Italian criminal proceedings. The Italian Code of criminal procedure of 1988 is the fruit of a new ideology that marks a departure from Italy’s prior inquisitorial tradition. According to criminal procedure Code of 1988, an accusatorial system separates the …
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A Critique of Human Rights Protection for Suspects in the Chinese Criminal Justice System: An Examination of the Extent to which There Is and Could in Future Be Compatibility between Chinese Law and Practice and International Human Rights Norms
… human rights protection for suspects in the criminal justice system of China, evaluating them from the view of international human rights law and practice, in particular, the International Covenant on Civil and Political Rights(ICCPR) and European Convention of Human Rights(ECHR). The theme …
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Council of (in)justice : crime, status, punishment and decision-makers in the 1730's Cape justice system
… of various fields drawn directly from the Cape's criminal records of the 1730s, from which a database was created. [It] highlights hypotheses of unequal treatment, separates out various groups according to their social status and investigates the differences in crimes and punishment methods over …
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An Analysis of the Law on Investigation of Criminal cases and Violation of Accused Rights: Case study Kinondoni District in
… accused of coming the kinds of acts described as criminal does not involves excessive violation of their basic rights and freedoms entrenched in the Constitution (Bill of Rights). This is because the introduction of Bill of Rights into the Constitution was intended to expand the potential capacity …
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Essays in empirical law and economics
… uses empirical methods to study questions in criminal procedure and employment antidiscrimination law. The first chapter measures the consequences for offenders of expanding constitutional criminal jury trial rights. I study the Supreme Court's landmark decision in Apprendi v. New Jersey …
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Įrodymų leistinumas /
The concept of admissibility of evidence in criminal process Violation of admissibility requirements constitutes dire legal consequences - non-admissibility of evidence. On the one hand, consistent implementation of admissibility requirements is imperative for ensuring the intended purpose of the …
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A prototype fact sheet designed for the development of a forensic computerized information system at Valkenberg and Lentegeur Hospitals
… the present law: Sections 77, 78 and 79 of the Criminal Procedure Act 51 of the 1st of July 1977. Additionally, FOCIS will develop dynamically, continuing to incorporate case material as referrals are made to these hospitals. The estimated 7500 cases that will constitute FOCIS by the time this …
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Liudijimo ypatumai baudžiamajame procese /
… peculiarities of testimony and related issues in criminal proceedings. In order to achieve the objectives of the criminal procedure, one of the most important acts of pre-trial investigation and evidence gathering is the interview, during which a witness's testimony is obtained about some …
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Alternative to state dominated criminal prosecution in Namibia
Criminal proceedings, in general, are proceedings which in substance are of a criminal nature, and not of a civil nature and include, inter alia, applications for a stay of prosecution and release from detention, etc. The constitution of the Republic of Namibia protects the rights of all persons …
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Proof beyond a reasonable doubt
… is the standard of proof that is applied in criminal cases. The burden of proving the guilt of the accused in this manner rests on the state, and does not shift to the accused. This is in contrast to the evidential burden which may shift to the accused to rebut a case against him or her. …
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Juridinio asmens baudžiamoji atsakomybė teisėkūroje ir praktikoje /
Criminal Liability Of Legal Person in Law-Making and Practice The institute of the criminal liability of legal person is a relatively new institution in the criminal law of Lithuania, and to this day there are many questions on the application of it. Legal doctrine has already analysed the bases of …
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