The prosecution service function within the spanish criminal justice system

The Spanish judicial system is independent and headed by the Supreme Court. Spain has a civil law system. The criminal procedure is governed by the legality principle--by opposition to the opportunity or expediency principle--which implies that prosecution must take place in all cases in which sufficient evidence exists of guilt. Traditionally, the role of the PPS in Spain has been very limited during the investigative stage of the process. That stage is under the responsibility of the Examining Magistrate (EM). Since the end of the 1980s, a series of modifications has been introduced in order to extend the functions of the PPS. In 1988, the PPS received extended competences which allow them to receive reports of offenses. Upon knowing of an offense (reported or known to have been committed), the PPS can initiate the criminal proceeding. The PPS is also allowed to lead a sort of plea bargain under a series of restrictive conditions and only for some offenses. At the same time, the PPS received extended competences in the juvenile justice criminal proceeding in 2000. With all this said, the role of the PPS has not changed radically and, during the investigative stage of the process, their main role remains the presentation of the accusation, playing a more active role during the trial stage of the proceeding. In this article the national criminal justice system of Spain is described. Special attention is paid to the function of the PPS within this framework and its relationship to police and courts. The article refers to legal provisions and the factual handling of criminal cases.

Long-Range Goals for Iowa's Criminal & Juvenile Justice Systems, 2000

Iowa Code Section 216A.135 requires the Criminal and Juvenile Justice Planning Advisory Council (CJJPAC) to submit a long-range plan for Iowa's justice system to the Governor and General Assembly every five years. The first plan developed after the creation of the Division of Criminal and Juvenile Justice Planning was issued in 1990 and annually updated through 1994. Since 1992, appropriation law has required the CJJPAC to coordinate their planning activities with those of the Iowa Juvenile Justice Advisory Council (JJAC).

Long-Range Goals for Iowa's Criminal& Junvenile Justice Systems, 2005

The attached plan builds upon work done over the last decade. The first plan developed after the creation of the Division of Criminal and Juvenile Justice Planning in 1986 was issued in 1990 and annually updated through 1994. Since 1992, the CJJPAC has been required to coordinate their planning activities with those of the Iowa Juvenile Justice Advisory Council (JJAC). In 1995, these two councils developed a new plan consisting of a set of long-range justice system goals to assist policy makers and justice system practitioners as they plan and operate the justice system through the next twenty years. The statutory mandate for such long-range planning required the identification of goals specific enough to provide guidance, but broad enough to be of relevance over a long period of time. The long-range goals adopted by these councils in 1995 covered a wide variety of topics and offered a framework within which current practices could be defined and assessed. Collectively, these long-range goals were meant to provide a single source of direction to the complex assortment of practitioners and policymakers whose individual concerns and decisions collectively define the nature and effectiveness of Iowa’s justice system. The twenty-year goals established in 1995 were reviewed by the councils in 2000 to assess their current relevance. It was determined that, with a few revisions, the goals established in 1995 should be restated in 2000 with a renewed emphasis on their long-range status. This plan builds upon those issued in 1995 and 2000, continuing much of the emphasis of plans, with some new directions charted as appropriate.

Long-Range Goals for Iowa's Criminal & Juvenile Justice Systems, February 2005

Iowa Code Section 216A.135 requires the Criminal and Juvenile Justice Planning Advisory Council (CJJPAC) to submit a long-range plan for Iowa's justice system to the Governor and General Assembly every five years. The Criminal and Juvenile Justice Advisory Council directed that the 2005 plan be developed with input from the public. A public hearing was held in September 2004, utilizing the Iowa Communications Network at 5 sites across Iowa. Using the information gained, the Council developed new goals and strategies and modified others from the 2000 plan. The 2005 Long Range Goals for Iowa’s Criminal and Juvenile Justice Systems, organized as follows, are meant to facilitate analyses and directions for justice system issues and concerns in Iowa.

Criminal liability of canadian corporations for international crimes

Ce mémoire porte sur la responsabilité pénale des entreprises canadiennes pour des crimes internationaux commis en partie ou entièrement à l’étranger. Dans la première partie, nous montrons que les premiers développements sur la reconnaissance de la responsabilité criminelle d’entités collectives devant les tribunaux militaires établis après la deuxième guerre mondiale n’ont pas été retenus par les tribunaux ad hoc des Nations Unies et par la Cour pénale internationale. En effet, la compétence personnelle de ces tribunaux permet uniquement de contraindre des personnes physiques pour des crimes internationaux. Dans la deuxième partie, nous offrons des exemples concrets illustrant que des entreprises canadiennes ont joué dans le passé et peuvent jouer un rôle criminel de soutien lors de guerres civiles et de conflits armés au cours desquels se commettent des crimes internationaux. Nous montrons que le droit pénal canadien permet d’attribuer une responsabilité criminelle à une organisation (compagnie ou groupe non incorporé) pour des crimes de droit commun commis au Canada, comme auteur réel ou comme complice. Nous soutenons qu’il est également possible de poursuivre des entreprises canadiennes devant les tribunaux canadiens pour des crimes internationaux commis à l’extérieur du Canada, en vertu de la Loi canadienne sur les crimes contre l’humanité et les crimes de guerre, du principe de la compétence universelle et des règles de droit commun. Bref, le Canada est doté d’instruments juridiques et judiciaires pour poursuivre des entreprises soupçonnées de crimes internationaux commis à l’étranger et peut ainsi mettre un terme à leur état indésirable d’impunité.

Inherent Powers of the High Court under Section 482 of the Code of Criminal Procedure 1973

This thesis is shows the result of the research work on the inherent Powers of the High Court in criminal jurisdiction. The criminal justice system in India recognizes inherent powers only of the High Court. The Theory and Philosophy of inherent powers are concerned the Distinction between civil and Criminal laws are of very little consequence. In formulating the research programme the confusion created by the concept of inherent powers and its application by High Court form the central point. How fully the concept is understood, how correctly the power is used, and how far it has enhanced the rationale of the administration of criminal justice, what is its importance and what are the solutions for the inherent power to earn a permanent status in the province of criminal jurisprudence are the themes of this study. The precipitation of new dimensions is the yardstick to acknowledge the inherent powers of the High Court and Supreme Court. It is of instant value in criminal justice system. This study concludes innovativeness provided by the inherent powers has helped the justice administration draw inspiration from the Constitution. A jurisprudence of inherent powers has developed with the weilding of inherent powers of the Supreme Court and the High Court. It is to unravel mystery of jurisprudence caused by the operation of the concept of inherent powers this research work gives emphasis. Its significance is all the more relevant when the power is exercised in the administration of criminal justice. Application or non application of inherent powers in a given case would tell upon the maturity and perfection of the standard of justice

Protection of property and criminal law - A study with special reference to intellectual property

Theoretically speaking, property is extension of the personality of the individual. It serves the purpose of satisfying the self of the individual in the society. Various theories have been attempted to explain its origin and development. However, it is the socialist theory of property which finds acceptance in many societies today. A proper definition of the concept of property has notbeen given in the statutes governing protection of property or in the Indian Constitution. While deciding cases under the Indian Penal Code, the courts have however, been interpreting the term 'property' in a manner facilitating its accommodation within the contours of the socialist theory of property, though there was no attempt for any formal theorization. An examination of the decisions under the Penal Code provisions and Constituent Assembly Debates has reinforced the above view that our courts as well as legislature have adopted the socialist concept of property. Because of the importance of the theory of property in the general scheme of this study, it was thought appropriate toinclude a chapter on the theory of property as reflected in our constitution.

Impacto dos laudos de homicídio de latrocínio junto aos operadores do direito e às sentenças judiciais: o caso da perícia criminal do Instituto de Criminalística no âmbito do Distrito Federal

A presente pesquisa visa identificar o papel do Laudo de Perícia Criminal junto aos operadores do direito, bem como qual o grau de participação nas sentenças proferidas em âmbito judicial. Sabe-se que o Laudo de Perícia Criminal é um documento de cunho técnico-científico – produzido por perito criminal – com o objetivo de auxiliar à Justiça com seu conteúdo baseado no estudo de especialistas, sendo o Laudo de Perícia Criminal um dos meios de prova mais robustos utilizados pelo magistrado para proferir uma sentença judicial ou para uso dos jurados nos casos de crimes dolosos contra a vida. Parte do método de pesquisa foi qualitativo e, para a coleta de dados, utilizou-se de entrevista – mediante questionário – com operadores do direito (delegados de polícia, juízes de direito e promotores de justiça) que atuavam em processos de homicídio e/ou latrocínio e lotados nas cinco Regiões Administrativas que, em conjunto, abarcavam mais de 50% dos crimes dessas naturezas. Posteriormente passou-se à análise documental, onde foram verificados 172 (cento e setenta e dois) levantamentos de local e suas repercussões no âmbito judicial. Algumas conclusões em relação aos laudos foram apontadas: tais como sua intempestividade em alguns casos. Porém, foi possível abrir um novo olhar para o documento técnico que tanto auxilia a justiça criminal. Abordou-se, ainda, a falta de uma realimentação (feedback) de informações para os peritos criminais do Instituto de Criminalística, que acarreta problemas de ordem motivacional.

To change procedure in the federal courts in certain cases : Hearings before the Committee on the judiciary, House of representatives, Seventieth Congress, first session, on H.R. 5608, H.R. 8230, H.R. 8555, H.R. 8556 ... January 17-Feb. 7 & 14, 1928. Part I-II.

"These bills relate to the same general subject. It involves the question of trying to devise some method of relieving the congestion of business in the United States District courts."--p.

Criminal debt collection efforts : hearing before the Committee on Governmental Affairs, United States Senate, One Hundred Fourth Congress, first session, July 19, 1995.

Shipping list no.: 96-0171-P.

Reports of cases decided by the English courts : with notes and references to kindred cases and authorities /

"The most important cases from...the Law Reports, and also from Cox's Criminal Cases, beginning with vol. 12."--Soule, Lawyer's Reference Manual, 1884.

The Irish reports, containing reports of cases determined in the High Court and in the Court of Criminal Appeal and in the Supreme Court.

Subtitle varies.

The practice of the Court of Quarter Sessions, and its civil, administrative and appellate jurisdiction; to which is added a short treatise on its criminal jurisdiction, with tables of statutes under which appeals lie and of all indictable offences triable at Quarter Sessions; and appendices.

Criminal appeal rules and forms, 1908: p. 655-706.

Comprehensive plan for criminal justice /

Ceased publication?

An action at law : being an outline of the jurisdiction of the superior courts of common law, with an elementary view of the proceedings in personal actions and in ejectment /

Bound with Dearslys̕ On criminal process.