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Change of jurisdiction by the prosecutor: problems of law enforcement
Published 2022-06-01“…The position of the judge of the Criminal Court of Cassation as part of the Supreme Court and other scientists was supported regarding the need to introduce judicial control over the justification and motivation of the prosecutor's decision to entrust the pretrial investigation of any criminal offense to another pretrial investigation body.…”
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82
Gli atti impugnabili nel prisma del processo tributario: lineamenti evolutivi e criticità del sistema
Published 2021-06-01“…𝐴𝑓𝑡𝑒𝑟 𝑡ℎ𝑒 𝑐ℎ𝑎𝑛𝑔𝑒𝑠 𝑡ℎ𝑎𝑡 ℎ𝑎𝑣𝑒 𝑎𝑓𝑓𝑒𝑐𝑡𝑒𝑑 𝑡ℎ𝑒 𝑡𝑎𝑥 𝑗𝑢𝑟𝑖𝑠𝑑𝑖𝑐𝑡𝑖𝑜𝑛 𝑖𝑛 𝑟𝑒𝑐𝑒𝑛𝑡 𝑦𝑒𝑎𝑟𝑠, 𝑤𝑖𝑡ℎ 𝑡ℎ𝑒 𝑖𝑛𝑐𝑙𝑢𝑠𝑖𝑜𝑛 𝑜𝑓 𝑎𝑙𝑙 𝑑𝑖𝑠𝑝𝑢𝑡𝑒𝑠 𝑡ℎ𝑎𝑡 𝑐𝑜𝑛𝑐𝑒𝑟𝑛 "𝑡ℎ𝑒 𝑡𝑎𝑥𝑒𝑠 𝑜𝑓 𝑒𝑣𝑒𝑟𝑦 𝑔𝑒𝑛𝑢𝑠 𝑎𝑛𝑑 𝑠𝑝𝑒𝑐𝑖𝑒𝑠 ℎ𝑜𝑤𝑒𝑣𝑒𝑟 𝑐𝑎𝑙𝑙𝑒𝑑", 𝑡ℎ𝑒 𝑗𝑢𝑟𝑖𝑠𝑝𝑟𝑢𝑑𝑒𝑛𝑐𝑒 𝑜𝑓 𝑡ℎ𝑒 𝐶𝑜𝑢𝑟𝑡 𝑜𝑓 𝐶𝑎𝑠𝑠𝑎𝑡𝑖𝑜𝑛 ℎ𝑎𝑠 𝑔𝑟𝑎𝑑𝑢𝑎𝑙𝑙𝑦 𝑤𝑖𝑑𝑒𝑛𝑒𝑑 𝑡ℎ𝑒 𝑠𝑝𝑒𝑐𝑡𝑟𝑢𝑚 𝑜𝑓 𝑡ℎ𝑒 𝑐ℎ𝑎𝑙𝑙𝑒𝑛𝑔𝑒𝑎𝑏𝑙𝑒 𝑎𝑐𝑡𝑠, ℎ𝑜𝑙𝑑𝑖𝑛𝑔 𝑡ℎ𝑎𝑡 𝑡ℎ𝑒 𝑡𝑎𝑥𝑝𝑎𝑦𝑒𝑟 𝑐𝑎𝑛 𝑎𝑙𝑤𝑎𝑦𝑠 𝑐ℎ𝑎𝑙𝑙𝑒𝑛𝑔𝑒 𝑎𝑐𝑡𝑠 𝑜𝑡ℎ𝑒𝑟 𝑡ℎ𝑎𝑛 𝑡ℎ𝑜𝑠𝑒 𝑖𝑛𝑑𝑖𝑐𝑎𝑡𝑒𝑑 𝑖𝑛 𝑎𝑟𝑡. 19, 𝑑.𝑙𝑔𝑠. 𝑛. 546/1992, 𝑝𝑟𝑜𝑣𝑖𝑑𝑒𝑑 𝑡ℎ𝑒𝑦 𝑐𝑜𝑛𝑡𝑎𝑖𝑛 𝑎 𝑡𝑎𝑥 𝑐𝑙𝑎𝑖𝑚 𝑤ℎ𝑖𝑐ℎ 𝑖𝑠 "𝑐𝑜𝑚𝑝𝑙𝑒𝑡𝑒𝑑 𝑎𝑛𝑑 𝑑𝑒𝑓𝑖𝑛𝑒𝑑". …”
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83
Evaluation of Legal Violations in Organ Transplantations According to Turkish Penal Code Article 25/2
Published 2023-08-01“…In recent years, it has been requested by the Court of Cassation that the people who were alleged to have purchased organs be evaluated in terms of Turkish Penal Code (TPC) 25/2. …”
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84
Transformation of Administrative Data into Statistical Reporting Through the Introduction of State Statistical Survey “Implementation of Administrative Proceedings”
Published 2022-07-01“…It is concluded that the results of observations on administrative proceedings should be freely available on the official website of the State Statistics Service with reference to sources of such information, namely, according to the State Judicial Administration of Ukraine, local administrative courts, Courts of Appeal, Administrative Court of Cassation of the Supreme Court.…”
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85
Evaluation of Supreme Court Reversal Decisions Based on Forensic Psychiatric Grounds
Published 2023-12-01“…This shows that some people’s mental illnesses may be overlooked during trial process.Conclusion:Scanning standards expected by Court of Cassation on these issues at regular intervals will ensure a healthier progress in judicial process.…”
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86
Les sexualités des mineurs sous le contrôle du juge pénal aux XIXe et XXe siècles
Published 2020-03-01“…Faced with the very great power left to it, the Court of Cassation nevertheless occasionally rejected this role of censor, and refused in particular to distinguish between homosexuality and heterosexuality. …”
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87
Giornalismo investigativo, vittime e diritto di cronaca / Journalisme d’investigation, victimes et droit de chronique / Investigative journalism, victims and right to report
Published 2012-08-01“…In the final part of the essay, the author focuses on the functions of "the right to report" and the investigative journalism, in the light of the significant judgments pronounced by Italian courts (in particular, Italian Supreme Court of Cassation, 3rd Civil Section, No. 16326/2010). …”
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88
Examination of evidence at the initiative of the court of appeal in criminal proceedings
Published 2023-03-01“…Today, the combined chamber of the Criminal Court of Cassation as part of the Supreme Court is trying to solve the problem of the appellate court’s initiative in the examination of evidence, since the approaches of individual court chambers, namely the First and Third ones, differ. …”
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89
L'espansione della criminalità organizzata nell'attività di impresa al Nord
Published 2016-12-01“…The proceedings were then followed up until the Court of Cassation. In addition, all the records and final decisions issued by the Tribunale di Prevenzione (Court for preventive measures) of Milan during the above timeframe were also considered with particular focus on preventive measures against assets. …”
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90
Crimine e banche / Crimes and Banks
Published 2018-03-01“…The author makes reference to some crimes currently before the Italian courts, namely the crime of bank loan usury, and he also analyses the orientations of the Civil and Penal Court of Cassation. From a criminological point of view, the absence of clearly identifiable accused of such a crime committed inside the bank system is of particular interest. …”
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91
Additional procedures in cassation and supervision proceedings of civilistic procedure
Published 2022-01-01“…Having such powers in relation to procedural terms, the President of the Supreme Court actually influences the very possibility of initiating a case in a court of cassation or supervisory instance, as well as the duration (and, accordingly, the quality) of the examination of the complaint. …”
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92
Essai doctrinal sur la typologie des décisions non susceptibles de pourvoi en cassation en droit judiciaire congolais
Published 2022-08-01“…The accession of the DRC to the OHADA Treaty, commercial cassation cases have ceased to be the prerogative of the Court of Cassation but rather of the Common Court of Arbitration and Justice (CCJA).…”
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The Principle of Equality Before the Court in the Systemic Unity of the Instances of the Judicial System of Russia
Published 2023-01-01“…Based on the relationship between the possibilities for ensuring procedural equality in the courts of first and appellate instances, the subsequent assessment of the legality of a judicial act in the courts of cassation and at the stage of supervisory proceedings, the authors came to the conclusion that the existing means of ensuring equality through economic instruments does not fully correspond to the goals of legal proceedings. …”
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