scholarly journals Delayed Justice - Macedonian Experience With Guilty Plea And Sentence Bargaining

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 99-110
Author(s):  
Boban Misoski
Keyword(s):  
Burden Of Proof ◽  
Criminal Procedure ◽  
The Other ◽  
Practical Implementation ◽  
Bargaining Process ◽  
Guilty Plea ◽  
The Public ◽  
Legal Provisions ◽  
Weak Points ◽  
The Impact

Abstract Bearing on mind the idea of the proverb “Justice Delayed is Justice Denied” Macedonian Legislator within the new Code of Criminal Procedure (CPC) has introduced several legal mechanisms for accelerating the criminal procedure. The most important instruments among them, by all means, are the Guilty Plea and Sentence Bargaining. In this article, the author elaborates the practical implementation of these CPC’s provisions and performs analysis of its implementation by the Basic Court Skopje 1 in Skopje, as the biggest and most caseload-burdened court in Macedonia, and by the Public Prosecution Office in Skopje. The analysis discovered several weak points, which should be properly addressed, both through theoretical scrutiny and through introduction of amendments to the CPC or through production of a general opinion by the Supreme Court. Only through these amendments to the legal provisions of the CPC can be expected to have improved court practice in a manner which would accentuate the real/just benefits of these instruments for accelerating of the criminal procedure. Several conclusions and suggestions for improvement or specific issues, which were determined as problematic were developed, such as: tackling the impact of a guilty plea by one of the codefendants to the other codefendants who did not plead guilty; treatment of the altered statement by one of the codefendants during the plea agreement and its use against the other codefendant; and the burden of proof and amount of evidence which is necessary to support the sentence bargaining process.

scholarly journals Biological Tools to Deal with Pollution : Selected Advances and Novel Perspectives

2014 ◽  
Vol 3 (1) ◽  
pp. 57
Author(s):  
Abdelaziz Ghanemi ◽  
Besma Boubertakh
Keyword(s):  
Public Health ◽  
Raw Materials ◽  
Economic Benefits ◽  
The Other ◽  
Environment And Public Health ◽  
The Public ◽  
Other Hand ◽  
Metabolic Properties ◽  
Living Organisms ◽  
The Impact

Pollution  represents  a  problem  common  to economy and  public  health. Indeed, the public health, because of the  divers’  type of pollutions, is facing divers challenges for which urgent solutions are required.The biology provides approaches not only to deal with the pollution, but also to  obtain  economic  benefits. Some living  organisms  have  particular metabolisms  that allow  them  to  assimilate  and  metabolite  the polluting agents  and thus reduce the  impact  they have on both environment  and public health.  On  the other  hand,  the  metabolic  properties  of  specific organisms make  the  polluting  elements raw materials to  synthesize  other elements that are benefits  for  economy  and  non-toxic  for  the  ecology and  the  biohealth. Yet, other options such as the regulations and laws are  required  to improve the efficiency of these approaches.

THE IMPACT OF THE ANTI-CORRUPTION CAMPAIGN ON INCOME DISTRIBUTION: EVIDENCE FROM CHINA

2021 ◽  
pp. 1-23
Author(s):  
YING GE ◽  
JINJUN XUE
Keyword(s):  
Income Distribution ◽  
Survey Data ◽  
Household Income ◽  
The Other ◽  
Public Officials ◽  
Government Officials ◽  
The Public ◽  
Earnings Gap ◽  
Micro Level ◽  
The Impact

This paper provides the first systematic micro-level evidences on the effectiveness of anti-corruption campaign in disciplining public officials and its impact on income distribution. Based on China Household Income Project (CHIP) survey data 2007 and 2013, we found that party and government officials had significant hidden income and the public–private earnings gap was as high as 8% before the campaign. However, the hidden income become not significant and the earnings gap declined to −18% in this post-campaign period. The regions inspected by central anti-corruption inspection groups experience larger public earnings penalties compared to the other regions. Overall, our findings suggest that the privilege of public officials declined sharply during this anti-corruption campaign.

scholarly journals Does implicit healthcare rationing impose an unfair legal burden on doctors? A study of Portuguese jurisprudence

2020 ◽  
Vol 20 (1) ◽  
pp. 31-57
Author(s):  
Eva Dias Costa ◽  
Micaela Pinho
Keyword(s):  
Healthcare Professionals ◽  
Ethical Dilemmas ◽  
Burden Of Proof ◽  
Qualitative Approach ◽  
Public Records ◽  
The Public ◽  
Heavy Burden ◽  
Healthcare Rationing ◽  
The Impact ◽  
Made In

Healthcare rationing is inevitable, never more so than during the COVID-19 pandemic. In Portugal, rationing is largely implicit and relies too much on bedside decisions, made in stressful circumstances, involving ethical dilemmas and being prone to error. This study uses a qualitative approach by exploring the public records of Portuguese courts for malpractice suits between the years of 2008 and 2019 to ascertain whether the damage suffered by patients in these cases could in any part be attributed to a lack of resources. During this research, we found that a large number of lawsuits against doctors and hospitals might have in fact been the unfortunate result of the constraints of implicit prioritization. We concluded that lawyers and judges must be made aware of the impact of implicit rationing decisions on healthcare professionals, who are judged against a professional standard and an inverse onus rule that places on them a heavy burden of proof.

scholarly journals Dampak Munculnya Akun Anonim untuk Mengekspresikan Diri

2019 ◽  
Author(s):  
Evi Intan Puspitasari
Keyword(s):  
Social Media ◽  
Research Method ◽  
Positive Impact ◽  
Daily Life ◽  
The Other ◽  
The Public ◽  
The Social ◽  
Twitter Account ◽  
Negative Impacts ◽  
The Impact

Abstract. Nowadays the community considers social media as one of the most important things in daily life. For the social media community is a form of self-editing exporters, for example, many anonymous accounts that violate ethics in their use in social media such as accounts to spread hoaxes, build hatred, and are provocative, but on the other hand anonymous accounts have a positive impact if used wisely. The purpose of this study is to determine the impact of anonymous accounts for the public from the positive and negative sides of using anonymous accounts. The research method used is descriptive qualitative analysis of anonymous accounts on social media and through interviews from several sources with an analysis of positive and negative impacts. The results showed that an anonymous Twitter account can be a medium to pour out your heart through writing. Twitter can be an entertainment for users through uploading posts, photos and videos.

Using Environmental Information Efficiently

2001 ◽  
pp. 41-73 ◽  
Author(s):  
Ubbo Visser ◽  
Heiner Stuckenschmidt ◽  
Holger Wache ◽  
Thomas Vogele
Keyword(s):  
Information Systems ◽  
Public Administration ◽  
Environmental Information ◽  
The Other ◽  
Federal Republic Of Germany ◽  
The Public ◽  
Environmental Information Systems ◽  
Environmental Information System ◽  
Weak Points ◽  
State Of The Environment

Environmental information systems have gained more importance both in the public administration and industry since the beginning of 1990. For example, in public administration, every state in the Federal Republic of Germany has developed a type of environmental information system. National and European legislation demanding far reaching transparency in the state of the environment encouraged this development. In industry on the other hand, environmental information systems are used for cost- and product-specific recording of waste flows. These are used to point out weak points within the companies’ processes.

Women and Globalization

2012 ◽  
pp. 119-140
Author(s):  
Mercedes Sánchez-Apellániz ◽  
Miriam Núñez ◽  
Maria José Charlo-Molina
Keyword(s):  
Corporate Social Responsibility ◽  
Interest Groups ◽  
Cultural Change ◽  
Codes Of Conduct ◽  
The Other ◽  
Critical Perspective ◽  
The Public ◽  
Negative Impacts ◽  
Corporate Social ◽  
The Impact

There are two schools of thought in analyzing the effects of globalization on women. One school, basically optimistic but with some reserves, argues that participation in global trade and in financial markets will improve the situation of all citizens, including women. The other has got a more critical perspective and argues that economic globalization will further increase existing inequalities and will lead to new ones. Both sides of the discussion on the effects of globalization on women are valid, but there is a the need to go beyond the sterile debate on whether globalization is good or bad, and reach a more constructive and wider-scope debate on how to achieve the best possible outcomes of globalization for women. Globalization must be analyzed from a multidimensional perspective and it is only by means of this process and by analyzing the real experiences of actors in adapting to globalization that we can understand the true outreach of globalization. According to this alternative perspective and in trying to develop a constructive debate on the impact of globalization on women a set of practices have to be detected, analyzed, and promoted in order to minimize the negative impacts of globalization on women and reinforce the positive ones. They include, among others: cultural change; sustained and mutually-agreed action programs among business schools, companies, and other interest groups such as the public sector; and removing the glass ceiling in MNCs, including codes of conduct as a part of their corporate social responsibility.

scholarly journals THE IMPACT OF LEGISLATION THE ANGLO-SAXON LEGAL SYSTEM ON THE REFORM OF THE RUSSIAN CRIMINAL PROCEDURE LAW

2017 ◽  
Vol 21 (5) ◽  
pp. 178-184
Author(s):  
T. K. Ryabinina
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Criminal Procedure ◽  
The United States ◽  
Anglo Saxon ◽  
Criminal Process ◽  
Legal Provisions ◽  
The Russian Federation ◽  
Anglo American ◽  
The Impact

The article discusses issues concerning the impact of legislation some countries Anglo-Saxon legal family on contemporary reform of Russian criminal procedure. The author raises the problem of community many of the legal provisions and institutions of Russian and Anglo-Saxon law. The work focuses on the fact that due to frequent legal stories, contradictory law-enforcement practice, the active work of the constitutional Court of the Russian Federation and Plenum of the Supreme Court of the Russian Federation which, by their individual decisions initiate new legislative changes, the reference to comparative legal study of foreign models of the criminal process is inevitable. The study used General scientific and special legal methods of studies: analysis and synthesis, legal modeling, formally-legal. The scientific novelty of the research lies in the author's approach to the study of the problem, which has not only theoretical but also practical importance, consists in the fact that, despite the seemingly opposite type of the Russian legal system related to civil law jurisdictions, and countries of the Anglo-American conglomerate, however, in fact, at the present time, there is the mutual influence and complementarity. In support of this thesis, the author made analysis of such a legal institution as a simplified procedure (in countries with Anglo-Saxon legal family called plea of guilt), which is in the form of a special order of judicial proceedings was introduced in the Russian criminal process. The Russian version of this procedure differs from Anglo-American, however, at its core, it is based on the legislative regulations of great Britain and the United States. The work is concluded that the main influence in Anglo-Saxon law is in the Russian criminal process is manifested in the extension of adversarial origins.

scholarly journals Analisis Yuridis Putusan Bebas terhadap Kasus Tindak Pidana Pembunuhan

2019 ◽  
Vol 2 (2) ◽  
pp. 399-411
Author(s):  
Ramot Lumbantoruan
Keyword(s):  
Research Method ◽  
Legal Theory ◽  
Descriptive Analysis ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
The Public ◽  
Legal Provisions ◽  
Procedure Code ◽  
Judicial Role

The purpose of this research is to describe the legal arrangements regarding the Free Verdict according to positive legal provisions, the Judicial role of the Judge in deciding a case and Juridical Analysis of a conviction for a murder crime (Study of Judgment Number 423 / Pid / 2008 PN. South Jakarta. This research method is normative juridical research.The nature of this research is descriptive analysis, which is a method used to describe a condition or condition that is happening or ongoing in order to provide as much data as possible about the object of research so as to explore things that are ideal, then analyzed based on legal theory or applicable laws and regulations.Results of this study, first, the legal arrangements regarding the acquittal according to positive legal provisions is to look at Article 191 Paragraph (1), paragraph (2) and paragraph (3) of the Criminal Procedure Code specifically also provides an understanding that reinforces its role law about being free from all lawsuits. Second, the role of judges legally in deciding a case in the decision of Case Decision Number 423 / Pid / 2008 / PN. South Jakarta is a judge must pay attention to the interests of various parties, both the interests of the defendant, witnesses, and the interests of the Public Prosecutor.

scholarly journals Promotion Influence in Sales Advance and in Increasing the Image to the SMEs in Kosova

2013 ◽  
Vol 2 (4) ◽  
pp. 163
Author(s):  
Rajan Arapi
Keyword(s):  
Mass Media ◽  
Case Studies ◽  
Service Level ◽  
Marketing Mix ◽  
The Other ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Research Questions ◽  
The One ◽  
The Impact

The promotion as an important element of marketing mix plays a key role in marketingmanagement regard, in every enterprise, and also for SMEs. The SMEs in Kosova aregiving more and more importance to the promotion, and this factor, beside the salesadvance for their products, is important to increase their image. What is the impact of thepromotion in SMEs longevity; respectively ëhat are the advantages and disadvantages ofpromotion application compared with the other traditional advertisement forms? Whatare the promotion models used by the advance companies to increase their sales level andimprove the service level ? These are some of the research questions that follow thispaper. On the other side the increasing promotion application in front of traditionalforms of Marketing have made SMEs to save from their budget dedicated to Marketing,always taking into consideration the advanced models that today provides thiscommunication form. The research on hand will reflect the new advanced promotionmodels which are practiced by some SMEs in Kosova, these case studies will argue thecompany’s sustainability achieved by the promotion. The budgeting as an integral part ofpromotion realization, in this research will prove the possibility to save from the budgetby avoiding the classical – traditional forms of advertisement. This aspect also will beargued by case studies of SMEs in Kosova. The mass media, in this case, thecommunication with the public, in way to transmit the promotion message, request aprofound analyze when it comes to select the mediums, rating and audiencemeasurement, etc. The research will contribute not only to SMEs but also to consumersand public in general. The research will have its conclusions and recommendations whichwill enforce each of elements that require a different treatment from the one that isapplied in reality.

scholarly journals Is a public procesutor's investigation more effective than a judicial investigation?

2020 ◽  
Vol 54 (4) ◽  
pp. 1183-1202
Author(s):  
Snežana Brkić
Keyword(s):  
Empirical Research ◽  
Criminal Procedure ◽  
The Other ◽  
Public Prosecutor ◽  
High Court ◽  
The Public ◽  
Procedure Code ◽  
Judicial Investigation ◽  
Injured Party ◽  
Novi Sad

This paper is the result of a mini empirical research on the duration of judicial and public prosecutorial investigations before the High Court in Novi Sad. A total of 100 cases were analyzed, of which 50 cases from 2008 and 50 cases from 2015 and 2016. The first 50 cases were conducted during the validity of the Criminal Procedure code from 2001, while the other 50 cases were conducted during the validity of the Criminal Procedure Code from 2011. In order for the result to be as comparable as possible, we tried to have the same structure of criminal acts represented in both groupes. The author came to the conclusion that a prosecutorial investigation is not faster than a judicial investigation. The search for the suspect, the search for the injured party, the impediment of the lawer, the strike of the lawers, the preoccupation of the public prosecutor, etc. contributed to the somewhat longer duration of the public prosecutorial investigation.

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