Features of Proof in Criminal Cases Against Minors

2021 ◽  
pp. 104-111
Author(s):  
N. Yu. Borzunova ◽  
K. L. Maksimova ◽  
O. S. Matorina

The article deals with the specific features of the procedure of legal proceedings in cases involving minors. Thus, one of the grounds for differentiating criminal proceedings according to this criterion of cases is the underage age of persons who have committed a socially dangerous act. This is primarily due to the age characteristics of these individuals, who are characterized by great impressionability, lack of sufficient life experience and solid knowledge, immaturity of thinking, instability of the psyche and increased emotionality, increased suggestibility and auto-suggestion, a tendency to fantasy and imitation. Their will is not yet strong enough, and their character is not yet fully formed. In connection with the above, there is a specific nature of the circumstances to be proved in this category of criminal cases, which is analyzed in the article. The authors ‘opinions on the expanded subject of evidence in criminal cases against minors are presented. Proposals were made to improve the legislation.

Author(s):  
Igor Igorevich Kartashov

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime of minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the orbit of criminal proceedings. In this study we consider some aspects of the implementation of fair minor’s justice standards in the Russian criminal procedure legislation. Also we analyze the provisions of key regulations in the field of juvenile justice, the practice of their application, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis we highlight the features of the proceedings in the category of criminal cases: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases among minor, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.


Author(s):  
Ardak Alimkhanovna Biyebayeva ◽  
Aigul Mailybayevna Kalguzhinova ◽  
Vera Anatolievna Chunyaeva

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime against minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the criminal proceedings orbit. We consider some aspects of the fair juvenile justice standards implementation in the Russian criminal procedure legislation. We analyze the provisions of the key normative acts in the field of juvenile justice, their application practice, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis, we highlight the proceedings features in the criminal cases category: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases in juvenile, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.


2021 ◽  
Vol 77 (4) ◽  
pp. 164-170
Author(s):  
Yuriy Myroshnychenko ◽  

The article is devoted to the problem of building a basic model of methodic judicial procedure, which in its content should disclose the activities of the court at all stages of the judicial system, give recommendations on the choice of its directions, procedural actions, use of the most appropriate means of influencing specific court situations complexes of procedural actions and tactics of their carrying out at various stages of judicial proceedings. The basic model of judicial methodical criminalistics complex may have the following structure: a) characteristic of the proceedings of a certain type, including the purpose, objectives and directions of judicial investigation; b) typical court situations that correspond to a certain stage of court proceedings; c) typical systems (algorithms) of procedural actions and criminalistics means of influencing judicial situations in order to implement the tactical tasks stipulated by them. The main task of building a basic model methodic of judicial procedure is to study it from a criminalistics standpoint and develop on the basis of knowledge (identified patterns) practical recommendations for decisions and actions of the court in typical situations of the general judicial procedure. Among the tasks of creating a basic judicial methodic can also include: 1) substantiation of the system of judicial proceedings; 2) selection of typical court situations in relation to each of its stages with the disclosure of the main activities of the court to resolve them; 3) development of generalized tactics of procedural actions, characteristic for each stage of court proceedings; 4) identification of the main forms of counteraction to criminal proceedings and development of ways to minimize its negative consequences. Along with the presence of general patterns of legal proceedings, on which the basic model of judicial methodics is based, it is legitimate to assume the presence of a number of features inherent in certain types of legal proceedings and criminal cases classified according to other criteria. Tier сriminalistic support of requires the development of separate scientific-methodical complexes of a lesser degree of generalization.


2021 ◽  
Vol 16 (11) ◽  
pp. 167-173
Author(s):  
E. K. Antonovich

The digital environment developing in our society is becoming a kind of platform that not only conditions  the emergence of new types of crime, but also provides new opportunities in the investigation of crimes. Therefore,  the use of information technology should not only help in the prevention, detection of crimes and the identification  of persons who committed them, but also become a reliable guarantor of ensuring the rights of persons involved  in the orbit of criminal proceedings. The author discusses not only the problems of application of information  technologies in the production of certain investigative actions and the place of electronic evidence in the list  of types of evidence, but also the transfer of criminal proceedings to electronic format, examines individual  advantages and benefits that can be obtained from digitalization of criminal proceedings. The author carries out  a comparative analysis of Russian and foreign criminal procedure legislation in the context of the development of  digital technologies. The question of the possibility of using artificial intelligence in legal proceedings, including in  criminal proceedings, is considered. These issues acquire particular relevance when the investigation is connected  with the need to interrogate persons who are at the time of the investigation of a criminal case on the territory of a  foreign state. The same applies to the production of other investigative actions. In this case, cooperation is carried  out within the framework of providing legal assistance in criminal cases. A separate problem is the differences in  the criminal procedural legislation of the states cooperating in the provision of legal assistance in criminal cases.  Indeed, some foreign laws allow for the possibility of remote interrogation and remote search. All this determines  the search for new vectors for the development of international cooperation with more detailed regulation of the  production of remote investigative actions and in terms of securing the rights and obligations of its participants  not only for simpler and faster ways of accessing electronic evidence, but also for granting and observing their  rights and establishing and observing requirements for information technology, storage and transmission of data,  as well as the use of the information received.


Author(s):  
Svetlana V. Verkhoturova ◽  
Oksana V. Pavlenko

This article examines the current theoretical and practical issues of criminal proceedings against minors in the light of recent changes in the criminal procedure legislation. The research was conducted using formal-logical and dialectic methods, as well as the comparative-legal method when analyzing criminal and legal proceedings against minors. The authors conclude that a number of existing criminal procedure norms regulating the preliminary investigation and consideration of criminal cases in court against minors do not meet international standards and require further improvement. This article draws attention to the procedural errors of investigators (inquirers) and judges that are allowed in the process of investigation and consideration of criminal cases in court in relation to minor suspects, accused persons, defendants. The lack of sufficient legal regulation in the criminal procedure law is called the main reason for the mistakes made in the criminal proceedings against minors. In order to solve the identified problems, the authors propose to make appropriate additions to the current criminal procedure law.


Author(s):  
Mariia Aleksandrovna Iurkevich

This article analyzes the conditions and legal ramifications of application of videoconference in various forms of criminal legal proceedings, highlighting practical issues emerging in arrangement of participation of parties in criminal proceedings via videoconference calls. As a product of digital technologies, videoconference is examined not only as a formal means of communication used by parties to a legal proceeding, but also as one of the means of exercising the right to a fair trial. The object of this research consists of communication and procedural relations arising between the parties to a legal proceeding with application videoconference. The subject of this research covers the entire complex of fairly recent norms for the Russian criminal procedural regulation governing application of videoconference on various stages of criminal proceedings on a case. The article contains practical recommendations by indicators that should be considered in determining optimal forms of participation in a criminal proceeding, as well as actions of parties that must be undertaken if during application of videoconference, the rights of the defendant are violated or the standards of fair trial are not being met. The article complies answers to the most topical questions on videoconference calls, taking into the consideration practical experience of the author, as well as relevant case law of the Russian courts and the European Court of Human Rights. The conclusion is made that application of videoconference is allowable in legal proceedings of the courts of first instance and courts of appeal in criminal cases heard in special order, cassation instance, supervisory instance, in execution of sentence, as well as within the framework of judicial control at pretrial stage in a criminal case, but only if procedural guarantees could be provided to all parties of the proceedings. In a trial by jury such technology is unacceptable.


Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 81-90
Author(s):  
I. I. Sheremetyev

The paper highlights that in modern conditions the improvement of criminal proceedings is firmly connected with the introduction of digital technologies. As a result of this introduction, the usual criminal case on paper will gradually be replaced by an electronic criminal case. The use of such an electronic criminal case can result in many advantages, which are consistently described in the paper. The author notes that certain elements of the future electronic criminal case can already be found in the practical activities of investigative bodies and courts. The author comes to the conclusion that actual prerequisites to transfer materials of a conventional criminal case into digital form are being gradually developed. For a number of objective reasons, this process cannot be facilitated. But lack of facilitation is also unacceptable. The worldwide coronavirus pandemic has sharply raised the possibility of remote examination of criminal cases, reducing human contact to a possible minimum in the investigation of crimes. The possible solution to these problems can be seen in the maximum use of various digital technologies, including the creation of an electronic criminal case. It can be assumed that there will be some dualism in our legal proceedings over a certain transition period — along with a traditional paper criminal case, an electronic criminal case will be used gradually displacing the traditional case. The current task of the legislator is to develop both existing and emerging elements of the future electronic criminal case, determine their legal nature and requirements for their procedural form, develop the concept of the carrier of such a case.


2021 ◽  
pp. 57-61
Author(s):  
В.О. Захарова

Автором проанализированы основные положения участия переводчика в уголовном судопроизводстве. Даны рекомендации по осуществлению взаимодействия следователя с переводчиком. Приведены типичные ошибки, возникающие при участии переводчика в уголовном судопроизводстве и даны рекомендации по осуществлению взаимодействия переводчика со следователем. The author analyzes the main provisions of the interpreter’s participation in criminal proceedings. Recommendations are given on the implementation of the interaction of the investigator with the translator. Typical errors that occur with the participation of an interpreter in criminal proceedings are presented and recommendations are given for the interaction of an interpreter with an investigator.


2021 ◽  
Vol 2 ◽  
pp. 90-96
Author(s):  
E. V. Markovicheva ◽  

The functioning of the jury in Russia has demonstrated not only effectiveness, but also a number of problems that need to be resolved. Such problems include the personal jurisdiction of criminal cases by jury. The article reveals the legal positions of the Constitutional Court of the Russian Federation regarding the right of minors to trial a criminal case in a jury. The approaches to solving this issue that have developed in the judicial practice of individual foreign states are analyzed, the main directions for further scientific discussion regarding the right of minors to a jury trial are outlined. The purpose of the article is to disclose various approaches to the administration of criminal justice in the relations of minors with the participation of lay judges. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted both to the consideration of criminal cases with the jury, and the specifics of juvenile criminal proceedings. Using the comparative legal research method has allowed to reveal various approaches to the access of minors to jury trials in individual states. In Russian legislation and judicial practice the question of the right of minors to have a criminal case against them considered by a jury remains unresolved. The position of the Constitutional Court of Russia regarding the jurisdiction of such criminal cases is also controversial. The experience of foreign countries indicates that there is no universal way to ensure the right of a minor to a proper court. This issue is decided depending on the type of criminal process, the presence or absence of specialized juvenile courts. Any direct borrowing in this regard cannot be considered effective, but a generalization of foreign experience can create the necessary basis for optimizing both the work of the jury and criminal proceedings against minors.


2020 ◽  
Vol 6 (3) ◽  
pp. 166-170
Author(s):  
Vasyl Topchiy ◽  
Maksym Zabarniy ◽  
Nataliya Lugina

A cooperation between states in criminal cases is carried out in order to achieve the goals of justice and may exist at the stage of pre-trial investigation, trial, as well as after the entry into force of a court decision (sentence, ruling). Forms of international cooperation in the investigation of criminal cases are quite diverse. The main ones are: providing legal assistance, which consists in carrying out procedural actions, because during the investigation and trial of criminal cases there is often a need to gather evidence abroad by questioning defendants, victims, witnesses, experts, conducting searches, examinations, court inspections, seizure and transfer of items, delivery, and forwarding of documents, etc.; extradition of persons for criminal prosecution or for the execution of a court sentence; arrest, search and confiscation of proceeds of crime (states undertake to cooperate in the investigation of money laundering; assist in the investigation and take appropriate measures: to freeze bank accounts, seize property to prevent its concealment; confiscate proceeds of crime or property, value of which corresponds to the value of income, etc.). The normative basis for the international cooperation in the investigation of criminal cases is the European Convention on Mutual Assistance in Criminal Matters dated April 20, 1959; the Criminal procedural code of Ukraine; Methodical recommendations of the General Prosecutor’s Office of Ukraine; Order No. 223 “On the organization of the work of the Prosecutor’s Office of Ukraine in the field of international legal cooperation” dated September 18, 2015. The legal basis for international cooperation in criminal matters is the current bilateral and multilateral international treaties of Ukraine, the binding nature of which has been approved by the Verkhovna Rada of Ukraine. Among the multilateral international agreements, there should be noted the European conventions on criminal justice: the European Convention on the Extradition with two additional protocols to it, the European Convention on Mutual Assistance in Criminal Matters with an additional protocol to it, the European Convention on the Transfer of Proceedings in Criminal Matters, The Convention on the Transfer of Sentenced Persons with an additional protocol, The European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders, the Convention on Laundering, Search, Seizure, and Confiscation of the Proceeds from Crime and the European Convention on the International Validity of Criminal Judgements. In addition, the Commonwealth of Independent States has the 1993 Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters and its 1997 Protocol; within the framework of the United Nations, there is the Convention on Transnational Crime of 2000, together with two Protocols thereto. These multilateral international agreements establish a uniform sphere of cooperation between law enforcement and judicial authorities in relation to all European countries. Today, the most effective is the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes, including in the investigation of criminal cases. Although the type of analysis is still considered by most scientists as Bohomolova Ye., (2004) a method of marketing research of enterprises in the market in the context of business practice, the object of “SWOT-analysis” can be as legislation, the practice of its application and prospects of their improvement, and materials of criminal cases. Methodology. Achieving the purpose of this publication is ensured by the use of cognitive philosophical, general scientific and special methods, among which the main are analysis and synthesis, comparative law method, which allow to identify prospects for the use in criminal cases of the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes. Methods of grammatical review and interpretation of legal norms have helped to identify gaps in the legislation governing the investigation of criminal cases, in particular in the field of economics, and to develop proposals for its improvement. Practical importance. International cooperation in criminal proceedings is an organizationally complex process, which requires the use of effective and efficient methods to perform the tasks of criminal proceedings, respect for the rights and freedoms of all participants in the process, including not violating a reasonable time in the investigation. To date, science has developed many methods of analyzing the law, the practice of their application, and identifying ways to improve legislation, taking into account the results of forecasting the prospects for society and the state. To ensure a high level of quality of criminal investigations in the framework of international cooperation, it is necessary to choose the one that will give the most effective results and allow to formulate the most optimal proposals in a particular criminal case and the practice of their application. An attempt to solve this problem is presented in this study.


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