发布求助
文献互助 智能选刊 最新文献

The Journal of the National Institute of Justice最新文献

筛选
英文 中文
Changes to the criminal procedure code: mandatory legal assistance in criminal proceedings 刑事诉讼法》的修改：刑事诉讼中的强制性法律援助
The Journal of the National Institute of Justice Pub Date : 2024-02-01 DOI: 10.52277/1857-2405.2023.4(67).04
Vadim Suhov
{"title":"Changes to the criminal procedure code: mandatory legal assistance in criminal proceedings","authors":"Vadim Suhov","doi":"10.52277/1857-2405.2023.4(67).04","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.4(67).04","url":null,"abstract":"The protection of fundamental human rights and freedoms is an essential function of the state. To protect these rights, the state has created a complex system of surveillance and control measures, legal defense, and procedural protection. One of the fundamental human rights is the right to a fair trial, which includes the right to legal assistance. In the criminal justice system of the Republic of Moldova, the participation of a lawyer is optional, but there are circumstances in which legal assistance becomes mandatory to ensure efficient participation in the process. Compulsory defense is considered necessary in cases where the suspect, accused, or defendant, due to objective circumstances, cannot participate efficiently in the process and defend their own legal rights and interests. The legislation of the Republic of Moldova provides for compulsory legal assistance in criminal proceedings, and the criteria for its provision are in line with international standards. Investigative bodies and courts are obliged to take measures to ensure the participation of a lawyer in the case exclusively in cases provided by law. In other cases, defense is not mandatory and is provided by the suspect, accused, or defendant, independently or through the system of stateguaranteed legal assistance.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"562 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140469704","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The presumption of lack of sexual consent in the case of a minor victim: a model of inspiration for the Moldovan legislator? 推定未成年受害者未表示同意性行为：摩尔多瓦立法者的启发模式？
The Journal of the National Institute of Justice Pub Date : 2024-02-01 DOI: 10.52277/1857-2405.2023.4(67).03
Serghei Brînza, Vitalie Stati
{"title":"The presumption of lack of sexual consent in the case of a minor victim: a model of inspiration for the Moldovan legislator?","authors":"Serghei Brînza, Vitalie Stati","doi":"10.52277/1857-2405.2023.4(67).03","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.4(67).03","url":null,"abstract":"The hypothesis of taking advantage of the victim’s incapacity to express her/his will is already considered in art. 171 and 172 of the Criminal Code of the Republic of Moldova. Therefore, it is not necessary to complete the Criminal Code of the Republic of Moldova with articles similar to art. 2181 and 2191 of the Criminal Code of Romania. Such a completion would only double the provisions of art. 171 and 172 of the Criminal Code of the Republic of Moldova in that case. The solution is the effective application of art. 171 and 172 of the Criminal Code of the Republic of Moldova if the perpetrator takes advantage of the minor victim’s incapacity to express her/his will.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"395 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140468976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The impact of climate change on the content and achievement of fundamental human rights and freedoms: defining approaches 气候变化对基本人权和自由的内容和实现的影响：界定方法
The Journal of the National Institute of Justice Pub Date : 2024-02-01 DOI: 10.52277/1857-2405.2023.4(67).07
Olga Dorul, Cristina Oleinic
{"title":"The impact of climate change on the content and achievement of fundamental human rights and freedoms: defining approaches","authors":"Olga Dorul, Cristina Oleinic","doi":"10.52277/1857-2405.2023.4(67).07","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.4(67).07","url":null,"abstract":"Climate change represents one of the serious problems of humanity in the 21st century, and identifying solutions to solve it is a priority on the agenda of states and regional, and universal organizations. Given that the right to a healthy environment has emerged in recent years as a fundamental right, the climate changes we are witnessing will dramatically affect both directly and indirectly the content and process of realizing this right. In this article, we aim to identify the main challenges, but also highlight effective remedies in the field proposed for research.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"500 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140469209","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Applicability of the ECHR case law within the judicial higher Court remedy examination 欧洲人权公约》判例法在高等法院司法补救审查中的适用性
The Journal of the National Institute of Justice Pub Date : 2024-02-01 DOI: 10.52277/1857-2405.2023.4(67).06
Armen Oganesean
{"title":"Applicability of the ECHR case law within the judicial higher Court remedy examination","authors":"Armen Oganesean","doi":"10.52277/1857-2405.2023.4(67).06","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.4(67).06","url":null,"abstract":"In this paper, we have realized a complex study of the practical aspects regarding the impact of ECtHR jurisprudence on the judicial higher court remedy examination. The paper contains analysis of the theoretical and practical aspects, aimed to resolve procedural issues by referring to the practice of the European Court of Human Rights, addressing in the criminal process the importance of ECtHR precedent and determining the need for its application. The article highlights importance of applying the precedent of the European Court as a source of law in the criminal process, analyzing the premises and consequences of the applicability of ECtHR jurisprudence within judicial higher court remedy examination.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"158 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140463634","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Presumption of innocence in the doctrinal and regulatory sources of Western Europe (XIX-XX centuries) 西欧理论和法规来源中的无罪推定（十九至二十世纪）
The Journal of the National Institute of Justice Pub Date : 2024-02-01 DOI: 10.52277/1857-2405.2023.4(67).01
Tatiana Vizdoaga, Iulia Bria
{"title":"Presumption of innocence in the doctrinal and regulatory sources of Western Europe (XIX-XX centuries)","authors":"Tatiana Vizdoaga, Iulia Bria","doi":"10.52277/1857-2405.2023.4(67).01","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.4(67).01","url":null,"abstract":"The supreme value in a state is man, his rights and freedoms, and the recognition, respect and defense of these rights and freedoms is the basic obligation of the state. The criminal trial represents that field of activity where the issues related to the defense of human rights and freedoms are of special relevance. For this reason, it is of particular importance to study the historical evolution of the means by which the legislator ensures the fulfillment of this constitutional obligation by the state. Medieval criminal procedure regulations regarding the presumption of guilt have been harshly criticized by scientists. However, the most important event that contributed to its emergence in most criminal procedure legislations of several states on the European continent was the Great French Revolution. Its importance was felt far beyond the borders of France, exerting an enormous influence on the political and legal system of several states.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"1544 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140466708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Criminological specificity of war crimes, their difference from crimes against humanity and genocide 战争罪的犯罪学特性及其与危害人类罪和种族灭绝罪的区别
The Journal of the National Institute of Justice Pub Date : 2024-02-01 DOI: 10.52277/1857-2405.2023.4(67).08
A. Allahverdiyev
{"title":"Criminological specificity of war crimes, their difference from crimes against humanity and genocide","authors":"A. Allahverdiyev","doi":"10.52277/1857-2405.2023.4(67).08","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.4(67).08","url":null,"abstract":"At the present day sometimes crime of genocide is practically described as a crime against humanity, and the latter is characterized as war crimes. Although some similarity does exist between these kinds of crimes, they have different peculiarities by their constituent elements. These peculiarities possibly may be linked with warfare, but it wouldn’t be correct to bind them entirely with warfare. This difference can be found even in the charters of international criminal tribunals, particularly in various articles of Statute of the International Criminal Court: crime of genocide in Article 6, crimes against humanity in Article 7, and war crimes in Article 8 respectively. Unlike war crimes, crimes against humanity and crime of genocide can be perpetrated both in times of warfare and peace. It’s always important to distinguish the latter from war crimes.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"69 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140463405","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Use of informational technologies in the education of drtainees: foreign experience and legal regulation 在博士生教育中使用信息技术：国外经验和法律规定
The Journal of the National Institute of Justice Pub Date : 2024-02-01 DOI: 10.52277/1857-2405.2023.4(67).05
Svetlana Gheorghieva, Ion Postu
{"title":"Use of informational technologies in the education of drtainees: foreign experience and legal regulation","authors":"Svetlana Gheorghieva, Ion Postu","doi":"10.52277/1857-2405.2023.4(67).05","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.4(67).05","url":null,"abstract":"This research paper explores the use of information technology in the education of prisoners, with a focus on international experience and legal regulation. The importance of effective methods of influence, such as training and education, for successful rehabilitation of inmates and their subsequent reintegration into society is discussed. The main objective of the study is to improve the understanding of the role of education and information technology in the process of rehabilitation of offenders and their integration into society. It also analyzes international standards on the rights of convicts and different approaches to ensuring socio-economic rights in different countries.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"69 15","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140463134","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Particularities of investigation of crimes committed by organized criminal groups 调查有组织犯罪集团所犯罪行的特殊性
The Journal of the National Institute of Justice Pub Date : 2024-02-01 DOI: 10.52277/1857-2405.2023.4(67).02
Vitalie Jitariuc
{"title":"Particularities of investigation of crimes committed by organized criminal groups","authors":"Vitalie Jitariuc","doi":"10.52277/1857-2405.2023.4(67).02","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.4(67).02","url":null,"abstract":"Organized crime as an extremely socially dangerous phenomenon is often referred to rightly as „improved” crime. Needless to say, crimes committed by organized criminal groups have always manifested themselves in a much more advanced degree of social danger than deeds committed, in particular, by individuals. In the first case, in the criminal activity are involved several persons united by a single criminal purpose, prepared for its realization, and a substantial damage is caused, which determines certain specific features of the mechanism of criminal activity and, respectively, defines the methodological particularities of investigation of such deeds. The elaboration of a secure methodological and forensic mechanism for investigating the criminal deeds committed by organized criminal groups is a possible thing to achieve over several years. In the content of this article, an attempt was made to systematize the factual and doctrinal material regarding the methods of identification, discovery and investigation of the organized criminal activity and the elaboration, based on them, of the corresponding forensic recommendations. However, the study does not aim to examine the full range of current issues in the field of investigation of the deeds committed by organized criminal groups, reflecting only some issues related to streamlining the investigation of these categories of crimes.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"128 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140469757","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Access to justice through the prism of digitalization of the information 从信息数字化的角度看司法救助问题
The Journal of the National Institute of Justice Pub Date : 2023-11-01 DOI: 10.52277/1857-2405.2023.3(66).06
Tatiana Ciaglic
{"title":"Access to justice through the prism of digitalization of the information","authors":"Tatiana Ciaglic","doi":"10.52277/1857-2405.2023.3(66).06","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.3(66).06","url":null,"abstract":"The topic of digitisation of the justice sector has become mainstream in recent years, thanks to a complex system of both social and technical factors. The pandemic crisis has highlighted the importance and usefulness of information technologies in justice-making. At the same time, however, it has raised new questions, since the initial limits of digitization and the involvement of this phenomenon in public life, including in the field of justice, have been essentially exceeded, and the prospects of digitization of information and its practical applicability in the field of justice require a reconceptualization of many components of law. For today’s crisis-prone society, it is necessary to reconceptualise how litigants interact with the courts and realise their rights and legitimate interests.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"86 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139298360","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Electronic signature –current trends in facilitating online access to electronic services and legal documents 电子签名--便利在线获取电子服务和法律文件的当前趋势
The Journal of the National Institute of Justice Pub Date : 2023-11-01 DOI: 10.52277/1857-2405.2023.3(66).07
Aliona Cara-Rusnac
{"title":"Electronic signature –current trends in facilitating online access to electronic services and legal documents","authors":"Aliona Cara-Rusnac","doi":"10.52277/1857-2405.2023.3(66).07","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.3(66).07","url":null,"abstract":"The electronic signature is the result of the emergence of the need to individualize and have the quality of the subject in the online environment. Technological progress has revolutionized and boosted legal, social and commercial relationships to be cloned in the online environment as well, in this sense there has been a need to formalize these relationships and ensure the security of people in the online environment. In this study, we aim to analyze the evolution of the electronic signature through the lens of the European legal framework and the transposition of the European legal framework into the legislation of the Republic of Moldova. In the conclusions, the author will come up with recommendations to the challenges and legislative gaps identified in the legal norms in force.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"75 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139302938","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
下一页 尾页
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整，为了账户安全，请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们：info@booksci.cn Book学术提供免费学术资源搜索服务，方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号：481959085
Book学术官方微信