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The article proposes a model of fair justice in the criminal process for the case when the prosecution witness did not appear at the court session. In this case, the accused's right to a fair is guaranteed by paragraph 1 and subparagraph "d" by paragraph 3 of Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms. The conclusions and result of the study of this model made it possible to form a general model of fair justice in the criminal process for all cases guaranteed by Article 6 of Convention on the Protection of Human Rights and Fundamental Freedoms. The first model created for a partial case is based on the rule (criterion) of the three-step test and includes its three blocks ("good reasons", "single or decisive evidence", "balancing factors and procedural guarantees"), for each position of which, based on the study, a separate long-term practice of the European Court of Human Rights, the rules by which the fairness of justice in criminal cases is established. A definition of the concept of "rule" is proposed, for the unambiguous use of procedural rules, names are assigned to them and the legal content is disclosed based on the practice of the supranational court. The flexibility of the rule of the three-step test is substantiated and this conclusion is extrapolated to the rest of the rules depending on the circumstances of the case within the limits of compliance with the rights of defense. It has been proven that every risk to a fair trial can be eliminated by combining national legislation and the relevant rules of the European Court of Human Rights (each threat is eliminated with the help of "its" rules). The obtained conclusions are extended to the general model of fair justice, which ensures compliance with the right to a fair trial of all participants in criminal proceedings, guaranteed by all clauses of Article 6 of the Convention. Examples of risks to a fair trial are given. Legal proposals have been introduced: the need to add to Article 3 of the Criminal Procedure Code of Ukraine the concepts of "rules of procedure", "balancing factors", "procedural guarantees" and to include in this Code a separate section that would concentrate the rules of procedure developed by the European Court of Human Rights. [ABSTRACT FROM AUTHOR]

The primary objective of this scientific study is to analyze the present state of communication in detention facilities across the EU Member States and also contribute to the analysis of legislation pertaining to mutual verbal and nonverbal communication between detained third-country nationals and police officers within detention facilities in selected EU countries. This will have a significant impact on the prevention of misunderstandings and conflicts in the above-mentioned facilities, especially in regard to the protection of human rights and fundamental freedoms of the detained foreigners.

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The fundamental rights, freedoms and legitimate interests of a person, being subject to the greatest restrictions during criminal proceedings, are guaranteed by the existence of substantive and procedural rules in the legislation aimed at protecting, defending and implementing procedural guarantees of participants in criminal proceedings. The dynamics of social, political, economic and legal life, the social mentality of today, as well as convergence processes determine the adaptation of national criminal procedure legislation to International law. However, the issues of adaptation of national legislation to the provisions of foreign legislation in terms of guaranteeing each participant in criminal proceedings the protection, defence and realisation of their rights, freedoms and legitimate interests in accordance with international standards remain controversial. At the same time, there are a number of gaps and inconsistencies in the provisions of the criminal procedure legislation, the gradual elimination of which will allow Ukraine to reach the international level as a state that guarantees each participant in criminal proceedings the protection, defence and exercise of their rights, freedoms and legitimate interests in accordance with European standards, as well as reduce the number of applications to the European Court of Human Rights. Based on the results of the study, and on the basis of a selective analysis of foreign experience of certain countries, the article identifies the existing problematic issues related to the guarantee of the rights of participants to criminal proceedings, and also formulates proposals for improving criminal procedure legislation in this area, using international experience. The problematic areas of guaranteeing the rights of participants to criminal proceedings include the legal status of individual participants to criminal proceedings, compensation for damages, and the use of procedural terminology. In order to improve and bring the criminal procedure legislation of Ukraine closer to international standards in terms of protection, safeguarding and realisation of the rights, freedoms and legitimate interests of participants in criminal proceedings, the following proposals have been presented: to establish a unit, body or organisation for the protection of the rights, freedoms and legitimate interests of witnesses with the development of appropriate programmes for their protection; to introduce the use of separate procedural terminology; to develop a procedure for granting and exercising the right to free legal aid to victims, civilians as well as the procedure for compensation for damage caused by a criminal offence.

Copyright of Zeszyty Prawnicze Biuro Analiz Sejmowej is the property of Kancelaria Sejmu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article examines the issues related to the procedural institute of participation of concepts in criminal proceedings, its appearance, development and legislative regulation at different historical stages. It is noted that since its origin, this institution of procedural law has been observed as a guarantee of ensuring the rights and interests of participants of investigative actions against harassment by the investigating authorities. A number of procedural rules which contain information on the participation of concepts in pre-trial proceedings allow us to conclude that the institute of witnesses is present in the current Code of Criminal Procedure. The authors analyse the opinions of scientists on the viability of keeping the institute of concepts in the current CPC, due to the modern technical opportunities for objective and complete fixation of the course and results of the investigative action. The authors conclude that the legislator has a reasonable attitude to the use of the traditional institute of concepts and the use of modern technical devices for recording investigative actions. The authors note that keeping the institute of concepts in the current CPC of Ukraine requires further regulation. The classification of a concept as a participant in criminal proceedings requires appropriate modifications to the CPC and an independent article among other participants in criminal proceedings. It is proposed to define this participant in the process in the relevant provision, indicating his procedural status (list of rights and obligations), the range of persons who cannot be involved as witnesses, and the right of participants to the investigative action to challenge the concept. Based on the analysis of scientists’ opinions, doubts are expressed about the ability of concepts to create conditions for an objective and, moreover, proper proceeding of the investigative action, to ensure the legality of its performance. In most cases, witnesses are random persons who are not interested in the case. The author analyses the proposals of scientists regarding the competitive recruitment by local self-government authorities of individuals who are trustworthy and passing their lists to law enforcement authorities for the purpose of engaging concepts. The authors justify the proposals for further regulation of the institute of concepts. [ABSTRACT FROM AUTHOR]

The detention of a suspect entails restriction of the individual's right to freedom of movement, which may actually begin from the moment a person is seized at the crime scene by police officers or even citizens. In order to properly ensure the right to freedom of movement, the Code of Criminal Procedure of the Russian Federation stipulated in paragraphs 11 and 15 of Article 5 the necessity to calculate the period of detention from the moment of actual detention, but at the same time did not introduce a corresponding procedure in the Code of Criminal Procedure of the Russian Federation, as a result of which these legal provisions do not really work. It is therefore necessary to establish and use a criminal procedure mechanism that makes it possible to calculate the period of detention provided for by the Constitution of the Russian Federation from the moment of actual detention of a person on suspicion of committing a crime. It is desirable to take into account the experience of such mechanisms in the criminal procedure legislation of foreign states. Purpose: to find out the reasons for the existence of problems in the theory and practice of Russian criminal proceedings in calculating the period of detention of a criminal suspect from the moment of actual detention and substantiate possible ways to eliminate them. The dialectical method is used as a methodological basis of the research, as well as methods of comparative law, historical-legal, legal interpretation and logical-legal. Results: the article establishes the background of the problems of calculating the period of detention from the moment of actual restriction of a person's right to freedom of movement, it compares the procedures for calculating the period of detention in Russia and foreign countries. Proposals are made and substantiated for the establishment of a criminal procedure mechanism to ensure the right to freedom of movement when a criminal suspect is detained.

The text analyses normative solutions concerning the right to defence in Polish proceedings in cases of offences. It discusses the formation of selected elements of the right to defence, from the pre-war solutions to modern times. The author highlights the autonomy of the solutions in force in the 2001 Code of Proceedings in Misdemeanour Cases, and their similarities to the right to defence in criminal cases, constituting the most comprehensive model of this right. [ABSTRACT FROM AUTHOR]

Both national and EU law provide for the right of an accused person to receive essential procedural documents in a language they understand and to participate in the proceedings in the presence of an interpreter. The need to implement these procedural guarantees raises several problems, such as the limited availability of interpreters and the cost to the State. This prompts the search for other solutions to implement the indicated individual rights. This article aims to answer the question of the admissibility and legitimacy of using machine translators to implement the right to an interpreter for defendants in criminal proceedings, and to indicate the opportunities and risks associated with the use of AI-based systems in this regard. The article presents the result of a linguistic, systematic and purposive interpretation of the relevant provisions of national laws and the provisions of Directive 2010/64/EU. Formal-dogmatic and statistical methods were used. The results of research into the quality of machine translations and statistics on the costs of translations are presented. The results support the recognition of the admissibility and legitimacy of the use of machine translators in criminal proceedings in order to implement the indicated rights. The text presents possible ways of applying these solutions in judicial practice and formulates a demand to the Ministry of Justice to begin work on the programme without delay. However, currently, both law enforcement and justice authorities can use publicly available machine translation software.

Copyright of Ius Novum is the property of Sciendo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Ruch Prawniczy, Ekonomiczny i Socjologiczny (0035-9629) is the property of Adam Mickiewicz University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The conformity of the European Union's Own Resources Decision with the constitution was brought before the authentic interpreters of the constitutions in Finland and Germany. This paper tends to examine the so-called 'identity review' engaged by these interpreters regarding procedural guarantees. In Finland, the competence-related debate between the Constitutional Law Committee and the Grand Committee and their interference with the EU-law as well as the subsequent Finnish legislative process raised some serious concerns. The relevant decisions of the German Federal Constitutional Court also highlight some disadvantages of decision-making in a crisis situation, for instance, the lack of reasoning or the failure to request a preliminary ruling from the Court of Justice of the European Union. In this paper, we aim to highlight the promising and the less favourable aspects of the (quasi-)constitutional courts' procedure. [ABSTRACT FROM AUTHOR]

The article examines the legal position of the European Court of Human Rights regarding the existence of balancing factors for accepting the testimony of a prosecution witness who did not appear in court. It is substantiated that when the accused was not given the opportunity to question the witness during the investigation or during the trial, the European Court of Human Rights states a violation of paragraph 1 and subparagraph «d» of paragraph 3 of Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms. It is shown that the given approach is not strictly categorical and the European Court of Human Rights allows the possibility of using the testimony of a witness who did not appear at the court session and was not questioned at the stage of the pre-trial investigation. It has been established that, the Grand Chamber of the European Court of Human Rights used the rule of the three-step test, one of the criteria of which obliges national courts to establish: whether three were sufficient balancing factors, including important procedural guarantees, which compensate for the difficulties which compensate for the difficulties with which faced by the defense as a result of accepting unverified testimony as evidence. It is well-founded that national courts are obliged, when faced with the problem of non-appearance or anonymity of witnesses, to consider t6he possibility of using alternative measures that limit rights to a lesser extent than accepting testimony of witnesses, to consider the possibility of using alternative measures that limit rights to a lesser extent than accepting testimony of witnesses as evidence. It is emphasized that when national courts recognize alternative measures as inexpedient and allow witness testimony to be announced, they violate paragraph 1 of sub-paragraph «d» of sub-paragraph 3 of Article 6 of the Convention on the Protection of Human Rights and Funda mental Freedoms. The conviction of the Grand Chamber of the European Court of Human Rights is emphasized: the presence of sufficient balancing factors should be investigated not only in those cases in which the testimony of an absent witness was the only or decisive basis for the conviction of the accused, as well as in cases in which it was not possible to establish whether relevant indications are the only or decisive. At the same time, the amount of balancing factors necessary for the trial to be considered fair will depend on the importance of the testimony of the absent witness: the more important these testimonies are, the more weighty the balancing factors should be. Examples of additional guarantees that prevent violations of the mentioned legal norms are given. [ABSTRACT FROM AUTHOR]

Enforcement against real estate constitutes one of the enforcement measures applying to pecuniary obligations defined in administrative enforcement proceedings. It encroaches upon the property and personal rights of the obligor, triggering financial and legal consequences not only for the obligor concerned, but also for other persons extraneous to the enforcement, including family and household members, in the case of them using the real estate subject to enforcement for the purpose of accommodation. On the one hand it constitutes a burdensome form of enforcement for the obligor, because it applies to one of the fundamental rights protected under the Constitution, that of the property right to real estate. On the other, enforcement against real estate is costly, and does not always lead to the full satisfaction of the creditor. This is why one of the fundamental tasks placed before the legislator is to shape and ensure legal means for the obligor that would constitute a sufficient guarantee for their protection and would realise the constitutional principles of rule of law, equality, proportionality and social justice.

Several Spanish authors have conceptualised the judicial process as a forced and inevitable temporal evolution that must precede the resolution of the controversy and that depends on slowness —as the antithesis of immediacy—. According to this doctrine, this process aims to avoid an immediate judicial response. In this paper, I will examine why the judicial process has been defined in this way; the reasons why speed is not desirable in the judicial function. To this end, I draw on the findings of cognitive psychology and, more specifically, on a set of theories that support the existence of two ways of processing information —two ways of knowing, believing, thinking, reasoning, and acting—: one fast and one slow; these are the dual processing theories. As a result of this confrontation, I propose a rationale, a purpose, and a definition for the judicial process, which are based on the idea that the presence of a time interval is necessary for the right to judicial impartiality and the right of defence to —materially— exist.

The interest in studying the protection of personal data in the criminal trial is developing and will continue as no references have been made or studied over the years except for the protection of personal data in general, not also in the criminal trial, and the emergence of the new legislative framework of the EU, by adopting EU Regulation No 679/2016 and EU Directive No 680/2016, requires new changes to be made and created in the field of criminal trial, in order to fully ensure the protection of personal data of the parties. EU Regulation 679/2016 on data protection, which has been applied in Romania since 25 May 2018, provides an updated legal framework, based on the responsibility for data protection. It aims to create a unified framework for the protection of personal data of the EU citizens, granting them more rights and control facilities than they previously had over their own data and, therefore, more obligations and responsibilities for the organizations that manage the data. There are mainly two aspects of the regulation: the protection of the rights of the persons concerned and the confidentiality of their data. Both aspects have technological implications. In order to cope with the complexity of the types of threats regarding information security and because information security is permanent, an information security management system must be established, implemented and maintained, focusing on the three concepts of information: security/privacy, integrity and availability. EU Regulation 679/2016 is a big step forward in personal data protection legislation. By replacing Directive 95/46/CE, a uniform legislative framework was ensured throughout the EU and beyond, considered less vulnerable to the interpretations of the member states. It brings clear benefits by emphasizing the importance of maintaining limited access to personal data, as well as the importance of personal data in preserving personal integrity and fundamental freedoms. Personal data, although it has and had a fabulous economic potential, could be exploited too easily, which is why the EU wanted to prevent possible abuses by establishing a more restrictive legislative framework. Many data processors have had to revise their consent collection policies and thus the users have had more control over their personal data. Thus it was created the possibility, on the one hand, for citizens to check the way personal data is collected and used, and, on the other hand, for the authorities to control and prevent their use (we consider them of defence for the proper functioning within the criminal prosecution activities). While EU Regulation 679/2016 replaces Directive No 46/1995/CE, the data processing in the segment of crime prevention, criminal prosecution and execution of criminal sanctions is included in Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA, in force since May 2016, which has as its regulatory object the protection of natural persons regarding the processing of personal data by the competent authorities for the purpose of preventing, detecting, investigating or prosecuting offences or of executing the penalties and regarding the free circulation of this data. In this sense, special attention must be paid to the connection of the provisions of the Criminal Procedure Code with the new legislative framework, Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA and the General Regulation 2016/679 EU of the European Parliament and of the Council regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation), as they have brought improvements with regard to the regulatory norms and within the application of criminal procedure. The Criminal Procedure Codes, from Romania and the Republic of Moldova, do not expressly provide for the application of the protection of personal data of the parties in the trial, there being shortcomings that can be taken advantage of. In this sense, appropriate technical and organizational measures for the implementation of data protection principles must be implemented, at the same time with the application of the criminal procedure. The application of criminal procedures must also be designed and built taking into account the principles of the regulations in force on the protection of personal data and must provide guarantees for data protection (for example, pseudonymization or anonymization where appropriate), but also to use the highest possible privacy settings by default. We believe that the existence of personal data protection legislation, EU Regulation 679/2016 and EU Directive 680/2016, without clear application rules in the field of criminal procedure, which must fully ensure the protection of the personal data of parties, is not a sufficient one and, therefore, does not correspond to the expectations of a democratic society, which is why this presentation will be a presentation on the identification and implementation of some procedural guarantees for the protection of personal data in the evidentiary procedures for which the rules of criminal procedure admit interferences in the private life. Objectives: - arguing the need to study the identification and implementation of some procedural guarantees for the protection of personal data within the evidentiary procedures for which the rules of criminal procedure admit intrusions into private life; - the analysis of the rules provided by the Criminal Procedure Code of Romania and the Criminal Procedure Code of the Republic of Moldova regarding the study in question; - the identification of the circumstances of violations within the evidentiary procedures of the personal data of the parties, with examples also from the case law. The research results and the theoretical and practical implications of the study. It represents an attempt to analyze the positive and critical aspects, the formulation of the own ideas regarding the identification of some procedural guarantees for the protection of personal data within the evidentiary procedures for which the rules of criminal procedure admit interferences in the private life. On the other hand, practical aspects of the ECHR case law related to violations of the protection of personal data in the criminal trial of the parties were addressed, in order to emphasize its particularities in practice to the legal bodies. The study carried out in this way allows to establish the directions and trends of the procedural-criminal policy promoted in Romania and the Republic of Moldova on the line of ensuring and realizing the right to the protection of personal data within the evidentiary procedures. The theoretical, normative and empirical material was used in the elaboration of this article. Likewise, the research of the respective subject is possible by applying several methods of scientific investigation specific to the theory: the logical method, the method of comparative analysis, the analytical method, the method of sociological research etc. The examination and analysis of the normative framework in the Republic of Moldova and Romania is aimed at the compliance and the implementation of some procedural guarantees for the protection of personal data within the evidentiary procedures for which the norms of criminal procedure allow interferences in the private life. [ABSTRACT FROM AUTHOR]

The research paper examines the legal category of procedural (proceedings) law “Right to a Fair Trial” as a fundamental element of the European Human Rights Convention and the judicial practice of the European Court of Human Rights. The Authors concentrate mainly on the general part of Article 6 and focus on crucial aspects of the mentioned right which have become significant for the daily legal practice in the Russian Federation, Republic of Austria and other member states. In the domestic Russian legal doctrine, there are sectoral and international legal studies devoted to the Convention for the Protection of Human Rights and Fundamental Freedoms, the functioning of the European Court of Human Rights and the legal nature of its acts (A. Abashidze, E. Alisevich, M. Biryukov, S. Kalashnikova,V. Tumanov, K. Aristova).Along with this, from the standpoint of conventional rights, Russian legal scholars studied the procedural features of the implementation of acts of the European Court of Human Rights and the application of conventional norms in civil, arbitration and criminal cases (I. Vorontsova, T. Solovieva, M. Glazkova, S. Afanasiev, L. Volosatova, E. Iodkovsky, K. Mashkova, etc.).The private-scientific research methods used by the Authors in the presented scientific article, predominantly comparative, require the study of the works of foreign scholars in the field of law, which include P. Leanza, O. Pridal, D. Spielmann, V. M. Zupancic, H. Mosler, A. Buyse. Despite the rather large volume of doctrinal sources on the nature and implementation of conventional rights, the issues of applying the right to a fair trial in administrative disputes and cases arising from public law relations have not become the subject of scientific research. The empirical basis of the study conducted by the Authors is composed of 66 pilot judgments and other acts of the European Court of Human Rights on complaints from individuals against Russia, Austria, France, Finland, the Netherlands, Great Britain, Switzerland and other member states of the Council of Europe; judicial acts of the courts of Russia, Austria and other European countries. It is concluded that the practice of Article 6 of the European Human Rights Convention by the European Court has had a remarkable and sometimes unprecedented impact on public law and law enforcement activities of the European countries that are parties to the Convention. As Russian and Austrian experience shows, the decision of the European Court on behalf of the enforcement of Article 6 in one specific case can induce the state not only to adopt a separate law, but also to carry out serious institutional changes. Many such examples are given below by the Authors, which testify that the decisions of the European Court are able to act as a powerful law-forming force on the national level.

Copyright of Croatian Annual of Criminal Sciences & Practice / Hrvatski Ljetopis za Kaznene Znanosti i Praksu is the property of Hrvatsko Udruzenje za Kaznene Znanosti i Praksu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 405-421 | Article | (Table of Contents) I. La nécessité d'une harmonisation accrue de la procédure pénale européenne. - II. L'existence de garanties protégeant les intérêts des États. - II.1. Un droit primaire garantissant l'efficacité des enquêtes. - II.2. Un droit dérivé garantissant le respect des droits nationaux. - III. L'émergence de garanties protégeant les droits des individus. - III.1. Des garanties implicites fondées sur la Charte. - III.2. Des garanties rejetées par le droit pénal européen. | (Abstract) European Union criminal law covers cooperation in criminal matters and the investigative powers granted to European delegated prosecutors. Therefore, it provides for the use of investigative measures interfering with the right to privacy. Those measures are taken on the basis of national law implementing European Union law and they must comply with the Charter of Fundamental Rights of the Union. However, the Charter does not explicitly specify the guarantees applicable to such investigative acts. Moreover, the competences of the Euro-pean Union in criminal procedure are intended only to balance the effectiveness of European investigations and the interests of Member States. Therefore, secondary law does not directly aim at protecting fundamental rights. This situation is becoming increasingly problematic insofar as the case law of the Court of Justice itself tends to request guarantees regarding the use of those measures. For example, a minimum degree of suspicion is a requirement that must be met for those measures to be used. Similarly, targeted persons have to be notified of the measure and have access to effective remedies. Such requirements are currently rejected by Europe-an union secondary law.

The powers of the civil judge are a frequent topic in any procedural law agenda, based on the ideological debates that still persist in modern doctrine, essentially in matters of evidence. The idea of a civil guarantee process is associated with the inactivity of the judges, a theory that is opposed to the idea of judicial activism in the procedural and material direction of the conflict. This controversy is not alien to the Cuban case, since the Civil, Administrative, Labor and Economic Procedural Law regulates a prototype of a judge with sufficient powers that in practice have not reached the necessary relevance, as a result of the nineteenth-century Spanish influence; scenario that seems to change after the promulgation of the new Constitution of the Republic and the legislative reform process derived from it.

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(3), 1477-1492 | European Forum Insight of 28 December 2020 | (Table of Contents) I. Introduction. - II. Defining pre-trial detention: towards an autonomous notion? - III. EU secondary law and pre-trial detention: mapping the intersections. - III.1. The Directive on the right to information. - III.2. The Directive on the right to interpretation and other sources of secondary law. - III.3. The Directive on the presumption of innocence. - III.4. The European Arrest Warrant and the European Supervision Order. - IV. Conclusion. | (Abstract) Pre-trial detention has yet to be harmonised under EU law, although evidence points to an overuse that may affect mutual trust. Other instruments however exist that might impact on the way national authorities use pre-trial detention. In this Insight, we seek to detect fragments of harmonisation within the existing legal framework. The Insight thus looks at the EU area of criminal justice to highlight intersections between pre-trial detention and existing instruments, such as the procedural rights Directives and the European Arrest Warrant. Our findings show that the symbiosis of pre-trial detention and some procedures created by EU instruments (e.g. surrender proceedings) raise a plethora of questions regarding the legal standards of pre-trial detention. Several juncture points exist where current instruments could or should influence the manner in which pre-trial detention is regulated under national law. Despite these intersections, we conclude that the lack of an EU regulatory framework remains problematic.

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The primary aim of the scientific study is to analyze the current state of the common means of communication in detention facilities across the Member States of the EU and also contribute to the analysis of legislation in the field of mutual verbal and non-verbal communication between detained third-country nationals and police officers within the detention facilities in selected EU countries, which has a significant impact on the prevention of misunderstandings and conflicts in the above-mentioned facilities with particular respect to protection of human rights and fundamental freedoms of the detained foreigners[1]. Methodology: Analysis and comparison of the respective legislative frameworks in selected EU countries and the European Court of Human Rights Case-law related to the violation of Article 5(2) regarding the right to language assistance. Findings: The analysis of the respective legislative documents within the selected EU countries showed differences in interpretation and consequently also implementation of the right to language assistance that is guaranteed as one of the procedural safeguards in the context of protection of human rights and fundamental freedoms. Different interpretation and implementation of the right to language assistance prevents effective communication between police officers and third-country nationals detained in detention facilities and causes frustration on both sides, especially during the times of migration crises when the effective communication becomes one of the main tools in prevention of misunderstandings and conflicts. The list of common peculiarities experienced across the EU countries was made. The analysis of the European Court of Human Rights case law proved remaining problems in provision of language assistance causing unnecessary complications for the EU countries and affecting the human rights of the third-country nationals detained in detention facilities.[2] Value: The value of the study lies in provision of general overview of the remaining problems experienced by both - the police officers representing the respective EU countries and third-country nationals arriving into the territory of the EU and being detained in detention facilities, resulting from different interpretation and implementation of one of the human rights - right to language assistance which is guaranteed as a procedural safeguard at the international and European level, and at the national level of the respective EU countries. By detailed analysis of the core legal documents and the European Court of Human Rights case law, the attention is drawn to the legal consequences for the EU Member States. To prevent the negative consequences, the areas of required amendments are pointed out. [ABSTRACT FROM AUTHOR]

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The perception and consideration of global warming and of its consequences as an „existential crisis" and the official proclamation - at the level of more and more states, of EU and within UNO - of the climate emergency confer the character of major priority of the entire humanity to the concerns aimed at mitigating the phenomenon, at limiting and adapting to its effects. The control of the anthropic impact on the climate system and the effort to maintain its stability have involved the intervention of law in various forms and different measures - public policies, constitutional provisions, pertinent legislative provisions and relevant international treaties -, with legal force of soft law or of firm normativity, within a world-wide governance, particularized regionally and nationally. An increasingly significant aspect of this process becomes the consideration of the impact of climate change on human rights and the relevant legal reaction of development of some appropriate meanings, with structuring trends in the form of a new dimension, specific to the right to a protected, healthy and ecologically balanced environment, the right to a stable climate and proper to the maintaining of the planetary ecological balance, to preserving the condition of the human species and favourable to the perpetuation of the civilization created by it. Initiated by the doctrine, the idea was acquired and knows the first resonances in the case law, with more and more firm and adequate echoes at regulatory level, finding ourselves at the moment of identifying and promoting the appropriate solutions and the adequate ways to achieve that goal. The new fundamental (human) right, individual and collective, of the present generations and especially of the future generations, protecting their possibility to adapt to the pace and amplitude of climate change, is foreshadowed as an indestructible component of the system of environmental rights, asserted in the last half century, quasi-universally recognized - constitutionally, legislatively and internationally - and who know their own dynamics. „A climate democracy" founded on the active involvement of the citizen through consultation, participation in the decision-making and in the implementation of related political and legal measures marks the relevant process. The recognition and procedural-substantial guaranteeing of a subjective right to a stable and favourable climate would represent a substantial legal progress and a guarantee of the general right to life. [ABSTRACT FROM AUTHOR]

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The article is dedicated to the impact of the EU law on development of Latvian criminal procedural law norms. It provides a general insight into importance of the EU criminal procedure law in the development of the Criminal Procedure Law norms, the directives of the European Council and the Parliament, the norms of which have been transposed into the Criminal Procedure Law, and the system of procedural guarantees for the participants of proceedings in need of protection, with particular focus on victims with specific protection needs.

Copyright of Anuario Colombiano de Derecho Internacional is the property of Colegio Mayor de Nuestra Senora del Rosario and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Nuevo Foro Penal is the property of Universidad EAFIT and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The concept of ”criminal charge” referred to in the text of article 6 of the European Convention on Human Rights has an autonomous meaning in the conventional protection system, which must be analysed in the light of the principles developed in this matter in the case law of the Strasbourg Court. The purpose of this article, after examining the relevant case law and doctrine, is to highlight the criteria that have been considered by the European court in order to determine whether a certain judicial procedure can be classified as belonging to the sphere of criminal law. At the same time, the article aims to analyze the practical relevance of this delimitation, especially in the matter of the right to a fair trial, to what extent certain stages of the criminal trial or special "criminal" procedures fall under the scope of the provisions of art. 6 of the European Convention on Human Rights, and must observe the fairness requirements of the procedure. [ABSTRACT FROM AUTHOR]

This work has the objective of analyzing the record of the preliminary findings of drugs carried out by the military police in the cases of art. 28 of the drug law, combining institutes involved, namely art. 28 of Law 11.343/2006 and Law 9099/95. For this, a documentary analysis and review of the literature of the related themes are carried out in order to prospect elements that are not sufficiently manifest. It is concluded that the preliminary investigation of drugs in the context of a detailed term of occurrence carried out by the military police expands the attribution role of this institution to the detriment of other public security institutions with significant damage to the guarantees of the accused. [ABSTRACT FROM AUTHOR]

The research article describes and specifies the guarantees that must be observed in an unrestricted manner during the declaration of the accused during the preparatory investigation stage, and the trial. It also seeks to establish whether the reading of the previous statements of the accused during the trial affects their right to remain silent. In the same way, it tries to specify how the contradictory statements of the accused should be evaluated during the criminal process. Finally, it seeks to determine whether the statement provided by the accused during the criminal process has evidentiary aptitude to be assessed by the jurisdictional body. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho y Genoma Humano is the property of Dykinson SL and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)