The article is devoted to the procedural aspects of protecting entrepreneurs from illegal and unjustified criminal prosecution in the Russian Federation, as a result of which the author draws appropriate conclusions and suggests some ways to improve the legislation of the Russian Federation.
{"title":"Protection of Business From Criminal Prosecution: Procedural Aspects","authors":"K. Klevtsov","doi":"10.2139/ssrn.3728267","DOIUrl":"https://doi.org/10.2139/ssrn.3728267","url":null,"abstract":"The article is devoted to the procedural aspects of protecting entrepreneurs from illegal and unjustified criminal prosecution in the Russian Federation, as a result of which the author draws appropriate conclusions and suggests some ways to improve the legislation of the Russian Federation.","PeriodicalId":105330,"journal":{"name":"CJRN: Criminal Prosecution (Topic)","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134395154","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}
This paper deals with theoretical and practical aspects regarding the topic of a monetary amount intended for the state to provide financial assistance to victims of crime within the meaning of § 179g par. 2 letter b), § 307 par. 2 letter b) and § 309 par. 1 letter d) cr. procedure code. The theoretical part of this paper offers a detailed criminal law and criminological insight into this issue, the subsequent practical part concerns how often and in what cases the prosecution offices or the courts make use in practice of these types of diversion in criminal proceedings as a common practice and where they are used on the contrary only exceptionally, and how high the monetary amount for these purposes approximately is; all is based on the statistics related to the monetary amount intended for the state to provide financial assistance to victims of crime. The paper is concluded by a summary of the current situation and conclusions of the author arising from it.
{"title":"A Monetary Amount Intended for the State to Provide Financial Assistance to Victims of Crime – Theoretical and Practical Aspects","authors":"Alena Tibitanzlová","doi":"10.2139/ssrn.3128406","DOIUrl":"https://doi.org/10.2139/ssrn.3128406","url":null,"abstract":"This paper deals with theoretical and practical aspects regarding the topic of a monetary amount intended for the state to provide financial assistance to victims of crime within the meaning of § 179g par. 2 letter b), § 307 par. 2 letter b) and § 309 par. 1 letter d) cr. procedure code. The theoretical part of this paper offers a detailed criminal law and criminological insight into this issue, the subsequent practical part concerns how often and in what cases the prosecution offices or the courts make use in practice of these types of diversion in criminal proceedings as a common practice and where they are used on the contrary only exceptionally, and how high the monetary amount for these purposes approximately is; all is based on the statistics related to the monetary amount intended for the state to provide financial assistance to victims of crime. The paper is concluded by a summary of the current situation and conclusions of the author arising from it.","PeriodicalId":105330,"journal":{"name":"CJRN: Criminal Prosecution (Topic)","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114377085","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}
As part of a broader effort to reshape criminal justice, voters in some U.S. cities recently have elected more progressive prosecutors. While these campaigns promised a change in prosecution priorities, real transformation requires commitment not just from elected chief prosecutors but also from line prosecutors, the attorneys who handle the daily caseloads of the office. But their motivations, amenability to reform goals, and sense of professional identity may be at odds with the leadership and hard to gauge from the outside. To better understand this group of criminal justice professionals and their power to influence system reforms, we set out to learn what motivates state prosecutors to do their work. Using original interview data from more than 260 prosecutors in nine different offices, we identify four principal career motivations for working state prosecutors: reinforcing one’s core absolutist identity, gaining trial skills, performing a valuable public service, and sustaining a work-life balance. However, only two of these motivations – fulfilling one’s core identity and serving the public – are acceptable for applicants to voice in the hiring context, even in offices that employ a significant number of former defense attorneys. From this finding we offer a cautionary tale to job applicants as well as to office leaders, particularly in offices hoping to adopt a new vision of the prosecutor’s job.
{"title":"Getting beyond Superheroes versus Trojan Horses: Career Motivations of State Court Prosecutors","authors":"R. Wright, Kay L. Levine","doi":"10.2139/ssrn.3021429","DOIUrl":"https://doi.org/10.2139/ssrn.3021429","url":null,"abstract":"As part of a broader effort to reshape criminal justice, voters in some U.S. cities recently have elected more progressive prosecutors. While these campaigns promised a change in prosecution priorities, real transformation requires commitment not just from elected chief prosecutors but also from line prosecutors, the attorneys who handle the daily caseloads of the office. But their motivations, amenability to reform goals, and sense of professional identity may be at odds with the leadership and hard to gauge from the outside. \u0000To better understand this group of criminal justice professionals and their power to influence system reforms, we set out to learn what motivates state prosecutors to do their work. Using original interview data from more than 260 prosecutors in nine different offices, we identify four principal career motivations for working state prosecutors: reinforcing one’s core absolutist identity, gaining trial skills, performing a valuable public service, and sustaining a work-life balance. However, only two of these motivations – fulfilling one’s core identity and serving the public – are acceptable for applicants to voice in the hiring context, even in offices that employ a significant number of former defense attorneys. From this finding we offer a cautionary tale to job applicants as well as to office leaders, particularly in offices hoping to adopt a new vision of the prosecutor’s job.","PeriodicalId":105330,"journal":{"name":"CJRN: Criminal Prosecution (Topic)","volume":"67 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120844414","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}
Due to the overburdened criminal justice system, the vast majority of criminal cases are settled through a process known as plea bargaining. In a plea bargain deal, both sides gain something from the arrangement. The prosecution gains a conviction without the time and expense of a trial, while the defendant might get a reduced sentence or have some of the charges against him dropped. In some cases, for example, the prosecution will offer a plea deal so that the victim does not have to go through the drama and stress of testifying at a trial. This paper is going to start by first defining what plea bargaining is. After defining it, it will give a brief introduction as to the history and nature of plea bargaining. Then it will discuss extensively on its application in Nigeria and conclude on whether or not plea bargaining has been abused in Nigeria's Criminal Justice System.
{"title":"Has the Concept of Plea Bargaining Been Abused in Nigeria's Criminal Justice System?","authors":"Ehi Eric Esoimeme","doi":"10.2139/SSRN.2462307","DOIUrl":"https://doi.org/10.2139/SSRN.2462307","url":null,"abstract":"Due to the overburdened criminal justice system, the vast majority of criminal cases are settled through a process known as plea bargaining. In a plea bargain deal, both sides gain something from the arrangement. The prosecution gains a conviction without the time and expense of a trial, while the defendant might get a reduced sentence or have some of the charges against him dropped. In some cases, for example, the prosecution will offer a plea deal so that the victim does not have to go through the drama and stress of testifying at a trial. This paper is going to start by first defining what plea bargaining is. After defining it, it will give a brief introduction as to the history and nature of plea bargaining. Then it will discuss extensively on its application in Nigeria and conclude on whether or not plea bargaining has been abused in Nigeria's Criminal Justice System.","PeriodicalId":105330,"journal":{"name":"CJRN: Criminal Prosecution (Topic)","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123596042","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}
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