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Translation of the Law of Criminal Procedure for Cuba and

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In Roman law, Gaius 's Commentaries on the Twelve Tables also conflated the civil and criminal aspects, treating theft ( furtum ) as a tort. L. 93–443, title I, §101(e)(1), 88 Stat. 1267, prohibited campaign contributions or expenditures by national banks, corporations, and labor organizations, prior to repeal by Pub. L. 103–322, §110507(1), as amended by Pub. Whoever, having charge or control of any vessel passing between ports or places in the United States, and arriving at any such port or place where there is a post office, fails to deliver to the postmaster or at the post office, within three hours after his arrival, if in the daytime, and if at night, within two hours after the next sunrise, all letters and packages brought by him or within his power or control and not relating to the cargo, addressed to or destined for such port or place, shall be fined under this title.
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Leading Constitutional Cases on Criminal Justice 2005

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Upon completion of the subject, students will be able to demonstrate their understanding of criminal law and their ability to engage in legal reasoning by discussing and solving complex legal problems orally and in writing. In civil cases there is very broad discovery. The Investigator may search the accused; he may also search any other person if it appears on strong grounds that he is concealing certain things that may be useful in determining the truth.
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Exclusionary Rule: Good Faith Exceptions (Criminal Law

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ACCUSATORIAL- contemplates of two contending parties before the court which hears them impartially and render judgment after trial. Any number of persons charged in respect of separate offences committed at the same place and at the same time or at about the same time, may be charged and tried together in respect of such offences if the prosecutor informs the court that evidence admissible at the trial of one of such persons will, in his opinion, also be admissible as evidence at the trial of any other such person or such persons. (1) An accused may be joined with any other accused in the same criminal proceedings at any time before any evidence has been led in respect of the charge in question. (2) Where two or more persons are charged jointly, whether with the same offence or with different offences, the court may at any time during the trial, upon the application of the prosecutor or of any of the accused, direct that the trial of anyone or more of the accused shall be held separately from the trial of the other accused, and the court may abstain from giving judgment in respect of any of such accused. (1) Except as otherwise expressly provided by this Act or any other law, all criminal proceedings in any court shall take place in the presence of the accused. (a) A court may, subject to section 153, on its own initiative or on application by the public prosecutor, order that a witness or an accused, if the witness or accused consents thereto, may give evidence by means of closed circuit television or similar electronic media. (b) A court may make a similar order on the application of an accused or a witness. (d) be in the interest of the security of the State or of public safety or in the interests of justice or the public; or (e) prevent the likelihood that prejudice or harm might result to any person if he or she testifies or is present at such proceedings. (4) The court may, in order to ensure a fair and just trial, make the giving of evidence in terms of subsection (2) subject to such conditions as it may deem necessary: Provided that the prosecutor and the accused have the right, by means of that procedure, to question a witness and to observe the reaction of that witness. (5) The court shall provide reasons for refusing any application by the public prosecutor for the giving of evidence by a child complainant below the age of 14 years by means of closed circuit television or similar electronic media, immediately upon refusal and such reasons shall be entered into the record of the proceedings. (1) If an accused at criminal proceedings conducts himself in a manner which makes the continuance of the proceedings in his presence impracticable, the court may direct that he be removed and that the proceedings continue in his absence. (a) the court is at any time after the commencement of the proceedings satisfied, upon application made to it by any accused in person or by his representative – (i) that the physical condition of that accused is such that he is unable to attend the proceedings or that it is undesirable that he should attend the proceedings; or (ii) that circumstances relating to the illness or death of a member of the family of that accused make his absence from the proceedings necessary; or (b) any of the accused is absent from the proceedings, whether under the provisions of subsection (1) or without leave of the court, the court, if it is of the opinion that the proceedings cannot be postponed without undue prejudice, embarrassment or inconvenience to the prosecution or any co-accused or any witness in attendance or subpoenaed to attend, may – (aa) in the case of paragraph (a), authorize the absence of the accused concerned from the proceedings for a period determined by the court and on the conditions which the court may deem fit to impose; and (bb) direct that the proceedings be proceeded with in the absence of the accused concerned. (3) Where an accused becomes absent from the proceedings in the circumstances referred to in subsection (2), the court may, in lieu of directing that the proceedings be proceeded with in the absence of the accused concerned, upon the application of the prosecution direct that the proceedings in respect of the absent accused be separated from the proceedings in respect of the accused who are present, and thereafter, when such accused is again in attendance, the proceedings against him shall continue from the stage at which he became absent, and the court shall not be required to be differently constituted merely by reason of such separation. (4) If an accused who is in custody in terms of an order of court cannot, by reason of his physical indisposition or other physical condition, be brought before a court for the purposes of obtaining an order for his further detention, the court before which the accused would have been brought for purposes of such an order if it were not for the indisposition or other condition, may, upon application made by the prosecution at any time prior to the expiry of the order for his detention wherein the circumstances surrounding the indisposition or other condition are set out, supported by a certificate from a medical practitioner, order, in the absence of such an accused, that he be detained at a place indicated by the court and for the period which the court deems necessary in order that he can recover and be brought before the court so that an order for his further detention for the purposes of his trial can be obtained. (1) For purposes of this section and sections 159B, 159C and 159D, unless the context indicates otherwise- (a) 'appropriate person' means any court official or any other person at the court point and remote point who is required to be, or may be, present at the proceedings, including the presiding officer, the prosecutor, the accused person's legal representative, any technical assistant, the clerk of the court, any witnesses, and members of the public who are entitled to be present; (b) 'audio link' means a live telephone link between the court point and the remote point which are both equipped with facilities which will enable audio communication between all appropriate persons at the court point and the remote point; (c) 'audiovisual link' means a live television link between the court point and the remote point which are both equipped with facilities which will enable all appropriate persons at the court point and the remote point to follow the proceedings and see and hear all the appropriate persons; (d) 'court point' means the courtroom or other place where the court having jurisdiction is sitting; (e) 'correctional facility' means a correctional facility as defined in the Correctional Services Act, 1998 (Act No. 111 of 1998), but does not include a police cell or lock-up; and (f) 'remote point' means the room or place at the designated correctional facility where the accused person appearing through audiovisial [sic] link is located. (a) who is over the age of 18 years; (b) who is in custody in a correctional facility in respect of an offence; (c) who has already appeared before a court; (d) whose case has been postponed and who is in custody pending his or her trial; and (e) who is required to appear or to be brought before a court in any subsequent proceedings (whether before, during or after the trial or conviction and sentence) for the purpose of- (i) a further postponement of the case; or (ii) consideration of release on bail in terms of section 60, 63, 63A, 307, 308A or 321, where the granting of bail is not opposed by the prosecutor or where the granting of bail does not require the leading of evidence, is not required to appear or to be brought physically before the court but may, subject to the provisions of this section, sections 159B, 159C and 159D, appear before court by audiovisual link and is deemed to be physically before court, unless the court directs, in the interests of justice, that he or she appears or be brought physically before it. (3) Any proceedings in terms of subsection (2) shall be regarded as having been held in the presence of the accused person if, during the proceedings, that person- (a) is held in custody in a correctional facility; and (b) is able to follow the court proceedings and the court is able to see and hear the accused person by means of audiovisual link. (4) The remote point shall be regarded as being a part of the court. (Section 159A inserted by section 1 of Act 65 of 2008 with effect from 1 October 2010 in respect of the magisterial districts of Bellville, Bloemfontein, Cape, Durban, Khayelitsha, Kroonstad, Kimberley, Klip River, Kuils River, Mitchells Plain, Nelspruit, Paarl, Pinetown, Port Elizabeth, Pretoria, Thohoyandou and Wynberg.) (Section 159A inserted by section 1 of Act 65 of 2008 with effect from 11 November 2011 in respect of the magisterial districts of Alberton, Benoni, Boksburg, East London, Germiston, Inanda, Johannesburg, Kempton Park, Krugersdorp, Mdantsane, Moretele, Mthata, Odi, Pietermaritzburg, Randburg, Roodepoort, Uitenhage, Umlazi, Vanderbijlpark, Vereeniging and Wonderboom.) (1) An accused person appearing before a court by audiovisual link must do so from a place at which the requirements referred to in subsections (2) and (3) and section 159C are complied with. (2) The Minister may, subject to the provisions of this section, designate any correctional facility which has been suitably equipped as a place where proceedings in terms of section 159A can be held. (3) Both the court point and the remote point in the correctional facility designated in terms of subsection (2) must be equipped with facilities that, in accordance with any requirements prescribed by regulations and any directions of the court referred to in section 159C, allow- (a) private communication to take place between the accused person and any legal practitioner representing that person in the proceedings at the court point; and (i) at any time during the proceedings; (iii) at any time on the day of a hearing, shortly before or after the hearing. (4) The court must, at every appearance of an accused person in terms of section 159A, inquire into the physical and mental well-being of the accused person and for that purpose may, where necessary, direct that the facilities referred to in section 159C be used in such a manner which will enable the presiding officer to satisfy himself or herself as to the accused person's well-being as that presiding officer would be able to do if the accused person were physically before the court. (Section 159B inserted by section 1 of Act 65 of 2008 with effect from 1 October 2010 in respect of the magisterial districts of Bellville, Bloemfontein, Cape, Durban, Khayelitsha, Kroonstad, Kimberley, Klip River, Kuils River, Mitchells Plain, Nelspruit, Paarl, Pinetown, Port Elizabeth, Pretoria, Thohoyandou and Wynberg.) (Section 159B inserted by section 1 of Act 65 of 2008 with effect from 11 November 2011 in respect of the magisterial districts of Alberton, Benoni, Boksburg, East London, Germiston, Inanda, Johannesburg, Kempton Park, Krugersdorp, Mdantsane, Moretele, Mthata, Odi, Pietermaritzburg, Randburg, Roodepoort, Uitenhage, Umlazi, Vanderbijlpark, Vereeniging and Wonderboom.) (1) For the purposes of proceedings in terms of section 159A, both the court point and the remote point must be equipped with facilities that enable all appropriate persons- (a) at the court point to see and hear a person appearing before the court or making a submission or any other appropriate person at the remote point and to follow the proceedings; and (b) at the remote point to see and hear all appropriate persons at the court point and to follow the proceedings. (i) an interruption of an audiovisual link; (ii) an audiovisual link being of a poor quality which, in the opinion of the court, is not in the interests of justice to continue the proceedings by way of audiovisual link; or (iii) any of the facilities referred to in subsection (1) malfunctioning, the court must, subject to paragraph (b), direct that the matter stand down and cause the accused person to be brought physically before the court on the day in question. (b) If it is not reasonably practicable to bring the accused person to court on the day, as provided for in paragraph (a), the court must, prior to the expiry of the existing court order for the accused person's detention, postpone the proceedings in the absence of the accused person, to the next court day. (4) A court may, in order to ensure a fair trial, give any directions in any case as it may deem necessary, which may not be inconsistent with any provision of this Act or any regulation made thereunder. (Section 159C inserted by section 1 of Act 65 of 2008 with effect from 1 October 2010 in respect of the magisterial districts of Bellville, Bloemfontein, Cape, Durban, Khayelitsha, Kroonstad, Kimberley, Klip River, Kuils River, Mitchells Plain, Nelspruit, Paarl, Pinetown, Port Elizabeth, Pretoria, Thohoyandou and Wynberg.) (Section 159C inserted by section 1 of Act 65 of 2008 with effect from 11 November 2011 in respect of the magisterial districts of Alberton, Benoni, Boksburg, East London, Germiston, Inanda, Johannesburg, Kempton Park, Krugersdorp, Mdantsane, Moretele, Mthata, Odi, Pietermaritzburg, Randburg, Roodepoort, Uitenhage, Umlazi, Vanderbijlpark, Vereeniging and Wonderboom.) Without limiting any other protection applying to it, a communication by audio link or audiovisual link, or a document transmitted between an accused person and his or her legal representative as provided for in section 159B(3), is confidential and inadmissible in any proceedings as if the communication took place or the document was produced while they were in the presence of each other. (Section 159D inserted by section 1 of Act 65 of 2008 with effect from 1 October 2010 in respect of the magisterial districts of Bellville, Bloemfontein, Cape, Durban, Khayelitsha, Kroonstad, Kimberley, Klip River, Kuils River, Mitchells Plain, Nelspruit, Paarl, Pinetown, Port Elizabeth, Pretoria, Thohoyandou and Wynberg.) (Section 159D inserted by section 1 of Act 65 of 2008 with effect from 11 November 2011 in respect of the magisterial districts of Alberton, Benoni, Boksburg, East London, Germiston, Inanda, Johannesburg, Kempton Park, Krugersdorp, Mdantsane, Moretele, Mthata, Odi, Pietermaritzburg, Randburg, Roodepoort, Uitenhage, Umlazi, Vanderbijlpark, Vereeniging and Wonderboom.) (1) If an accused referred to in section 159(1) or (2) again attends the proceedings in question, he may, unless he was legally represented during his absence, examine any witness who testified during his absence, and inspect the record of the proceedings or require the court to have such record read over to him. (2) If the examination of a witness under subsection (1) takes place after the evidence on behalf of the prosecution or any co-accused has been concluded, the prosecution or such co-accused may in respect of any issue raised by the examination, lead evidence in rebuttal of evidence relating to the issue so raised. (a) When the evidence on behalf of all the accused, other than an accused who is absent from the proceedings, is concluded, the court shall, subject to the provisions of paragraph (b), postpone the proceedings until such absent accused is in attendance and, if necessary, further postpone the proceedings until the evidence, if any, on behalf of that accused has been led. (b) If it appears to the court that the presence of an absent accused cannot reasonably be obtained, the court may direct that the proceedings in respect of the accused who are present be concluded as if such proceedings had been separated from the proceedings at the stage at which the accused concerned became absent from the proceedings, and when such absent accused is again in attendance, the proceedings against him shall continue from the stage at which he became absent, and the court shall not be required to be differently constituted merely by reason of such separation. (c) When, in the case of a trial, the evidence on behalf of all the accused has been concluded and any accused is absent when the verdict is to be delivered, the verdict may be delivered in respect of all the accused or be withheld until all the accused are present or be delivered in respect of any accused present and withheld in respect of the absent accused until he is again in attendance. (1) A witness at criminal proceedings shall, except where this Act or any other law expressly provides otherwise, give his evidence viva voce. (2) In this section the expression “viva voce” shall, in the case of a deaf and dumb witness, be deemed to include gesture-language and, in the case of a witness under the age of eighteen years, be deemed to include demonstrations, gestures or any other form of non-verbal expression. (1) Subject to the provisions of sections 163 and 164, no person shall be examined as a witness in criminal proceedings unless he is under oath, which shall be administered by the presiding judicial officer or, in the case of a superior court, by the presiding judge or the registrar of the court, and which shall be in the following form:- “I swear that the evidence that I shall give, shall be the truth, the whole truth and nothing but the truth, so help me God.”. (2) If any person to whom the oath is administered wishes to take the oath with uplifted hand, he shall be permitted to do so. (a) who objects to taking the oath; (b) who objects to taking the oath in the prescribed form; (c) who does not consider the oath in the prescribed form to be binding on his conscience; or (d) who informs the presiding judge or, as the case may be, the presiding judicial officer, that he has no religious belief or that the taking of the oath is contrary to his religious belief, shall make an affirmation in the following words in lieu of the oath and at the direction of the presiding judicial officer or, in the case of a superior court, the presiding judge or the registrar of the court:- “I solemnly affirm that the evidence that I shall give, shall be the truth, the whole truth and nothing but the truth,”. (2) Such affirmation shall have the same legal force and effect as if the person making it had taken the oath. (3) The validity of an oath duly taken by a witness shall not be affected if such witness does not on any of the grounds referred to in subsection (1) decline to take the oath. (1) Any person, who is found not to understand the nature and import of the oath or the affirmation, may be admitted to give evidence in criminal proceedings without taking the oath or making the affirmation: Provided that such person shall, in lieu of the oath or affirmation, be admonished by the presiding judge or judicial officer to speak the truth. (2) If such person wilfully and falsely states anything which, if sworn, would have amounted to the offence of perjury or any statutory offence punishable as perjury, he shall be deemed to have committed that offence, and shall, upon conviction, be liable to such punishment as is by law provided as a punishment for that offence.
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Blackstone's Police Q&As: Road Traffic 2005

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Before imposing sentence, the court shall advise the defendant or his counsel of the factual contents and the conclusions of any presentence investigation or psychiatric examination and afford fair opportunity, if the defendant so requests, to controvert them. We often ask whether a given procedure is efficient, or accurate, or constitutional. L. 100–649, §2(f)(2)(A), Nov. 10, 1988, 102 Stat. 3818, as amended by Pub.
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Fact-Finding before the International Court of Justice

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Article 140 In examining a case, the People's Procuratorate may request a public security organ to provide the evidence that is essential to the trial in court. The court shall decide on objections against the decisions of the executing authority pursuant to Sections 459a, 459c, 459e and 459g. (2) In the cases under Sections 111o and 111p the measure shall only be revoked after conclusion of execution. To assist him in his determinations on such applications, the President may request the Board of Parole to investigate the merits of the applications and make recommendations thereon in accordance with the procedure prescribed in this chapter.
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Forensic Science Evidence: Can the Law Keep Up With Science

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The entire court proceedings shall be entered into written records by the court clerk, and such records shall, after being examined by the presiding judge, be signed by the presiding judge and the court clerk. Was obtained as a result of other evidence obtained in a manner described in subdivisions one, two, and three; or 5. Searches of women's bodies shall be carried out by female personnel. Second, bargaining undercuts accuracy, equal treatment, fairness, and perceptions of fairness, by subverting proof beyond a reasonable doubt and other rights, putting innocent defendants at risk. 23 One might call this the defendants'-rights perspective.
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Blackstone's Criminal Practice 2005: Book and CD-ROM Pack

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Defence counsel may not appear for more than one person accused of the same offence. Supposed you were the lawyer acting for Mr. Given the hybrid nature of this judicial body, there aren't procedural rules in the traditional format; however, the legal texts include: Such changes of arrangement and phraseology were made as were appropriate and necessary. 2000—Pub. VALIDITY PERIOD: The WLO is valid for sixty (60) days unless sooner terminated or extended.
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The Chiropractor

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If it was coerced they would have excluded the confession. In the cases referred to in the second sentence the decision of the public prosecution office shall be obtained without delay. The names of the parties to the case and the offence alleged. But the Fourth Amendment does prohibit police officers from detaining pedestrians and conducting any kind of search of their clothing without first having a reasonable and articulable suspicion that the pedestrians are engaged in criminal activity.
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Criminology: Theory, Research, and Policy (Criminal Justice)

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Every person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved. Within a period prior to the sentencing hearing, to be prescribed by the court, the parties shall file with the court any objections to any material information contained in or omitted from the presentence report. Edwards said that in the Miranda context, when D chooses to have a lawyer, interrogation must stop.
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Criminal Justice (Annual Series)

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L. 104–132 effective 1 year after Apr. 24, 1996, see section 607 of Pub. A habeas corpus petition is not anoth- er appeal. Where there was a conflict with the national legislation, the national law prevailed. The words “within the special maritime and territorial jurisdiction of the United States, and” were added to preserve jurisdictional limitation provided for by section 451 of title 18, U. The legal concept of double jeopardy is one of the oldest in Western civilization. C. sections 1981, 1982, and 1983, are examined in depth.
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