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Trial in absentia and the modern international criminal procedure
Published 2023-04-01Subjects: Get full text
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Comparative Analysis of Trial in Absentia in Legislation of the FRG and Ukraine
Published 2023-03-01“…Based on the results of the conducted study, the following conclusions have been drawn: 1) The criminal procedure legislation of both the FRG and Ukraine establishes a certain procedure for carrying out trial against a suspect or an accused in absentia; 2) The CPC of the FRG does not actually envisages the possibility of conducting a pre-trial investigation against a person in absentia, and this feature significantly distinguishes it from the CPC of Ukraine which establishes the procedure for conducting a special pre-trial investigation in absentia; 3) The criminal procedure legislation of the FRG, in contrast to the CPC of Ukraine, stipulates the so-called separate proceeding, which is targeted at inducing an accused to appear before a court; 4) According to the criminal procedure legislation of the FRG, in contrast to the corresponding legislation of Ukraine, holding full substantive hearing against an accused (defendant) in absentia is possible in certain cases, subject to proper notification in the cases, the outcome of which may result in imposition of a monetary penalty; 5) The CPC of the FRG mostly meets the standards of the European Court of Human Rights; 6) The criminal procedure legislation of Ukraine is at the stage of formation and does not fully meet international standards for holding trials against a suspect or an accused in absentia, and therefore the certain legal regulations of the CPC of the FRG may be borrowed for development of the criminal procedure legislation of Ukraine as regards trials in absentia.…”
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A Trial in Absentia: Purifying National Historical Narratives in Russia
Published 2016-07-01Get full text
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The Protection of the Defendant’s Rights in Criminal Trial by Default — From the Perspective of Due Process
Published 2023-03-01Subjects: “…trial in absentia…”
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Peradilan In Absentia Pada Perkara Tindak Pidana Korupsi dalam Perspektif HAM Terdakwa
Published 2013-04-01“…The purpose of this research is to know and understand the basic idea of the application of trial in absentia in the case of the Corruption, and to know the trial in absentia in the case of the Corruption and human rights relation to the defendant. …”
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PERADILAN IN ABSENTIA SEBAGAI UPAYA PENGEMBALIAN ASET MILIK NEGARA DALAM TINDAK PIDANA KORUPSI
Published 2020-05-01“…However, in the case of the implementation of the trial in absentia, it can be done so as not to violate the defendant's human rights, if the formal requirements have been met. …”
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The Institute of Absentia in the Legislation of the Republic of Uzbekistan (Summary)
Published 2013-03-01“…The article is dedicated to results of examination of simplified procedures at the trial named absentia. This article briefly describes the establishment and historical development of the institution of absentia where a case is considered in absence of the defendant.The article compares the views of number of scientists, and sets out the author’s own position on the issue. …”
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Anti-corruption mechanisms in China after the supervision law
Published 2023-09-01“…These reforms include the enactment of the National Supervision Law in 2018, the establishment of a special proceeding of confiscation of illegal gains in the 2012 amendment to Criminal Procedure Law (CPL), and the introduction of “trial in absentia” procedure in the 2018 CPL amendment. …”
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Part-time criminal proceedings in the context of Justice in the Republic of Belarus
Published 2019-06-01“…According to Part 1 of Art. 459 Code of Criminal Procedure applies to a person accused of committing a crime that does not represent a great public danger, when the accused fully admits his guilt and civil suit, if he is brought, the recognition made by him is not disputed by any of the parties and is not in doubt with the judge and the guilt of the accused, the legal qualification of the act and the consent of the accused and the victim to the trial in absentia in court are not in doubt; there are no other obstacles to sentencing ra without trial. …”
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Juicios en ausencia: visión y aportes del sistema jurídico judío = Lawsuits in absence: vision and contributions of the jewish legal system
Published 2018-01-01“…Although some countries, mainly European, have exceptionally legislated in favor of trials in absentia, disputes continue due to their instrumentation and effective guarantee and realization of justice. …”
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