Many commentators have acknowledged the fact that the usual courtroom maxim to "tell the truth, the whole truth, and nothing but the truth" is not so easy to apply in practicality. In any given situation, what does the whole truth include? In case, the whole truth includes all the possible alternatives for a given situation, what should a forensic expert witness do when an important question is...

In legal system, there are mainly two kinds of burdens of proof; one is a burden of persuasion and the other is a burden of production. These burdens have usually been formalized by an argumentation between a plaintiff/prosecutor and a defendant. In the previous work, we formalized a burden of persuasion from a different point of view; a decision making by a judge. If a burden of persuasion is ...

The crime of maltreatment is an act assault against another person on the body, which causes pain and even loss one's life. Restorative justice approach to solving criminal cases through deliberations obtain agreement between two parties. persecution case Number 63/Pid.B/2021/PN.Skm was charged with Article 351 paragraph (1) Criminal Code, resolved restorative though, in Decree Director General...

Pre-requisites of the research are establishment cassation courts general jurisdiction in Russia, as well no clear procedure Russian Federation Criminal Procedure Code for returning criminal cases to prosecutor by court upon grounds causing impaired position convict (or acquitted person). The purpose is formulate requirements based on principle justice legal institute circumstances showing need...

The background of this paper is inspired and triggered to observe study the legal uncertainty between public prosecutor convict/his heirs regarding authority submit a PK Application as regulated in Article 263 paragraph (1) Criminal Procedure Code. article states "the right prosecutor" apply for application. However, what expected by Petitioner's wife that Code can be interpreted way, "PK appli...