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Punishability of the Act and Punishability of the Perpetrator 行为的可惩戒性和行为人的可惩戒性
De Jure Pub Date : 2022-12-21 DOI: 10.54664/vnnw9640
Iveta Valeva
{"title":"Punishability of the Act and Punishability of the Perpetrator","authors":"Iveta Valeva","doi":"10.54664/vnnw9640","DOIUrl":"https://doi.org/10.54664/vnnw9640","url":null,"abstract":"This article traces the relationship between the punishability of the act and the criminal responsibility of the perpetrator. An attempt has been made to distinguish the circumstances excluding the punishability of the act and those exempting the perpetrator from responsibility. Because it matters whether the perpetrator is not punished since the act itself is not punishable, or whether he/she is not punished because of a circumstance that appeared later, and that exempts him/her from responsibility. In the first case, it is an unpunishable act that is not capable of giving rise to criminal liability. Only a punishable act may be a ground for seeking criminal liability from the perpetrator.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80403753","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
Some Issues About the First Instance Court Judgement on the Civil Claim when the Penal Procedure is Terminated on the Grounds of Extinction of Criminal Liability (Reflections on Interpretative Decision No. 1/2013, Criminal College of the Supreme Court of Cassation) 关于以刑事责任排除为由终止刑事程序的一审法院民事诉讼判决的若干问题(对最高法院刑事学院第1/2013号解释决定的思考)
De Jure Pub Date : 2022-12-21 DOI: 10.54664/ccor5800
Georgi K. Mitov
{"title":"Some Issues About the First Instance Court Judgement on the Civil Claim when the Penal Procedure is Terminated on the Grounds of Extinction of Criminal Liability (Reflections on Interpretative Decision No. 1/2013, Criminal College of the Supreme Court of Cassation)","authors":"Georgi K. Mitov","doi":"10.54664/ccor5800","DOIUrl":"https://doi.org/10.54664/ccor5800","url":null,"abstract":"Interpretative Decision No. 1/2013 of the Criminal College of the Supreme Court of Cassation stipulates that “… the court shall render a decision on the civil claim, accepted for joint consideration within the penal procedure, when, in the course of the first instance proceedings, before the verdict is pronounced, any of the grounds under Art. 79(1) of the Bulgarian Criminal Code occurs (death of the perpetrator, expiration of the term of limitation, amnesty)”. This decision of the Criminal College raises complex theoretical and practical questions related to the rules for hearing the civil claim, considering the criminal nature of the proceedings, the functions of the parties, the participation of the perpetrator’s inheritors (where the perpetrator has died), how their rights and legitimate interests will be guaranteed, and other questions that the Interpretative Decision failed to answer. Following an analysis of the established problems, a proposal for their solution is made through official referral of the civil claim to the civil court as to continue the court proceedings after the criminal case has been discontinued.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"47 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87803195","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
Judgement of the Court of Justice of the EU in Case C-282/20 and the Intermediate Stage of the Bulgarian Criminal Procedure Code 欧盟法院对C-282/20号案件和《保加利亚刑事诉讼法》中间阶段的判决
De Jure Pub Date : 2022-12-21 DOI: 10.54664/clrq3142
Gergana Marinova
{"title":"Judgement of the Court of Justice of the EU in Case C-282/20 and the Intermediate Stage of the Bulgarian Criminal Procedure Code","authors":"Gergana Marinova","doi":"10.54664/clrq3142","DOIUrl":"https://doi.org/10.54664/clrq3142","url":null,"abstract":"The article discusses the judgement of the Court of Justice of the EU in case C-282/20 and the relevant Bulgarian legislation. It comes to the conclusion that the defendant’s right to information, as provided for in Art. 6(3) of Directive 2012/13 and in Art. 47 of the EU Charter of Fundamental Rights, is guaranteed in the Bulgarian Criminal Procedure Code, though in one case it has to be applied by analogy. Hence, it is not necessary for the principle of consistent interpretation of national law to be applied.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"110 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88206601","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 Law on Administrative Violations and Penalties: Development, Changes, and Implementation for More than 50 Years 《行政违法处罚法》:50多年的发展、变化与实施
De Jure Pub Date : 2022-12-21 DOI: 10.54664/uend7541
Ralitsa Aleksieva
{"title":"The Law on Administrative Violations and Penalties: Development, Changes, and Implementation for More than 50 Years","authors":"Ralitsa Aleksieva","doi":"10.54664/uend7541","DOIUrl":"https://doi.org/10.54664/uend7541","url":null,"abstract":"The Law on Administrative Violations and Penalties (LAVP) was adopted to distinguish administrative violations from crimes, disciplinary violations, financial and civil violations. Adopted during the rapid development of socialist society, LAVP creates a unified administrative criminal procedure for all administrative bodies. It has existed and been applied for more than five decades during two different historical eras, and it has marked the beginning of codification of the matter of administrative punishment, adopting various amendments over the years. They are a big step towards the modernization of a well-drafted law, but, unfortunately, they do not solve all the issues raised, and the work on improvement and codification of administrative punishment should not stop here.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"236 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73195328","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
Historical and Comparative Overview of the Indictment Review 公诉审查的历史与比较综述
De Jure Pub Date : 2022-12-21 DOI: 10.54664/dyhk8910
Arlinda Hasani, Saranda Leka
{"title":"Historical and Comparative Overview of the Indictment Review","authors":"Arlinda Hasani, Saranda Leka","doi":"10.54664/dyhk8910","DOIUrl":"https://doi.org/10.54664/dyhk8910","url":null,"abstract":"Indictments and their analysis from a historical and comparative perspective are of special importance for the field of law, in particular for criminal law. The courts of Kosovo have had different approaches to dealing with a criminal case in terms of indictment control. For this reason, this topic is important for scholars of legal studies. The inspiration to give impetus to the judicial practice in the direction of the fastest possible implementation of this instrument for resolving a legal criminal case in the judicial system is a strong reason to study this topic, specific to the circumstances of Kosovo justice. From this review, it can be affirmed that, during the initial review of the indictment, the public prosecutor, the defendant or defendants and their defence must be present. Without the presence of these entities, the initial review of the indictment cannot be held.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"9 Suppl 1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78355841","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 Prima Facie Requirement in Procedures for Granting Interim Measures Before the Court of Justice of the European Union 欧盟法院准予临时措施程序中的初步证据要求
De Jure Pub Date : 2022-12-21 DOI: 10.54664/gwds3997
I. Baychev
{"title":"The Prima Facie Requirement in Procedures for Granting Interim Measures Before the Court of Justice of the European Union","authors":"I. Baychev","doi":"10.54664/gwds3997","DOIUrl":"https://doi.org/10.54664/gwds3997","url":null,"abstract":"This article analyzes the powers of the Court of Justice of the European Union to evaluate the prima facie case in the course of proceedings under Articles 278 and 279 of the TFEU when granting interim measures. It examines the CJEU’s case law to determine what “prima facie” means in the context of the prohibition to prejudge the main case.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75302742","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
Treaty Shopping in International Investment Arbitration: A Matter of Jurisdiction or an Admissibility Issue? 国际投资仲裁中的条约采购:管辖权问题还是可受理性问题?
De Jure Pub Date : 2022-12-21 DOI: 10.54664/kuru5140
Steliyana Zlateva
{"title":"Treaty Shopping in International Investment Arbitration: A Matter of Jurisdiction or an Admissibility Issue?","authors":"Steliyana Zlateva","doi":"10.54664/kuru5140","DOIUrl":"https://doi.org/10.54664/kuru5140","url":null,"abstract":"The subject of this article is treaty shopping in international investment law. The paper outlines the concept of whether treaty shopping in international investment law is a matter of jurisdiction or an admissibility issue.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88023117","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
Standards of the European Convention on Human Rights in Admitting Private Video Recordings in Criminal Proceedings 欧洲人权公约在刑事诉讼中承认私人录像的标准
De Jure Pub Date : 2022-12-21 DOI: 10.54664/gamw3317
Gergana Ivanova
{"title":"Standards of the European Convention on Human Rights in Admitting Private Video Recordings in Criminal Proceedings","authors":"Gergana Ivanova","doi":"10.54664/gamw3317","DOIUrl":"https://doi.org/10.54664/gamw3317","url":null,"abstract":"The article is focused on the conflict between private video recordings as evidence in criminal proceedings and the right to privacy within the meaning of Art. 8, para. 2 of the European Convention on Human Rights. As regards the scope of the monitoring, the need for a study is due to the lack of uniform standards in the treatment of such records. In this sense, the study of the ECHR’s case law is vital to deriving a catalogue of criteria for their admissibility as evidence in the process and to raising awareness of citizens about the permissible violation of their right not to be monitored without their consent.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89168230","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
Competent Authority in Pension Proceedings in the Context of the Concept of ‘Official’ Under Administrative Law 行政法中“官员”概念背景下的养老金诉讼中的主管机关
De Jure Pub Date : 2022-12-21 DOI: 10.54664/zgzh3121
D. Dimitrova
{"title":"Competent Authority in Pension Proceedings in the Context of the Concept of ‘Official’ Under Administrative Law","authors":"D. Dimitrova","doi":"10.54664/zgzh3121","DOIUrl":"https://doi.org/10.54664/zgzh3121","url":null,"abstract":"The right to social security and social assistance is constitutionally established. Issues related to pension proceedings are of utmost importance, as pensions are the most important insurance payment for persons who have lost their earnings or means of support. Given this, the resolution of issues arising in the course of pension proceedings are of great importance to both practice and doctrine. The purpose of this article is to clarify who is the competent authority in pension proceedings in the context of the concept of ‘official’ under administrative law. On the basis of the analysis of the relevant norms, conclusions and generalizations are drawn concerning the applicable legal framework.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75378206","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
Criminal Law Cooperation After Brexit and the Paradox of Passenger Name Records: More Comprehensive Cooperation with Less Data Protection? 脱欧后的刑法合作与旅客姓名记录悖论:更全面的合作与更少的数据保护?
De Jure Pub Date : 2022-12-21 DOI: 10.54664/gyei2791
M. Pencheva
{"title":"Criminal Law Cooperation After Brexit and the Paradox of Passenger Name Records: More Comprehensive Cooperation with Less Data Protection?","authors":"M. Pencheva","doi":"10.54664/gyei2791","DOIUrl":"https://doi.org/10.54664/gyei2791","url":null,"abstract":"After Brexit, a certain paradox can be observed in the cooperation between the EU and the UK on passenger name record (PNR) data. While Brexit leads by definition to fewer possibilities for criminal law cooperation between the EU and the UK and to a narrower level of cooperation achieved so far, it seems to have led to an increase in the possibilities for processing PNR data of EU citizens and to lower standards of personal data protection. The question arises as to whether this is compatible with the EU Charter and with the case law of the CJEU.","PeriodicalId":41915,"journal":{"name":"De Jure","volume":"210 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74502714","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
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