AI accused of murder (2008)

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Uploaded: 13.01.2011
Content: 1143.zip (28,29 kB)

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Description

Objective 1.

AI accused of murder. During the trial the City Court did not find it convincing arguments for the prosecution and acquitted the defendant, citing the failure to prove his participation in the crime. The sentence came into force after the Court of Cassation left it unchanged, and the prosecutor was not satisfied. One year after the entry into force of the sentence (within the statute of limitations) found an instrument of the crime, indicating the involvement of AI to commit a crime, and the prosecutor's office was not previously known to have interrogated a witness who provided information about the guilt I.
Q: Assess the situation. What actions should be (or possible) to take the prosecutor? What stage are applied to this situation?

Objective 2.

J. and P. intentionally, group of persons by prior agreement, have committed a crime. At the stage of the investigation material against I. hiding from the investigation, have been allocated in a separate proceeding, a criminal case against P. sent to the court. The court found P. guilty and sentenced to 10 years imprisonment in a penal colony. 2 years after the entry into force of the sentence against P. I. was arrested, the investigation against him is completed and the case sent to court. The other members of the court, having examined the materials of the criminal case, pleaded not guilty VI, indicating the absence of a crime.
Q: Assess the situation. What actions can and should take actors? In what stages of handling issues related with this situation?

Task 3.

A., J. and P. intentionally, on preliminary arrangement by group of persons, from personal hostility, committed murder DA Investigator in the course of studying the case of the accused A., I., P., and explained to them the right to choose the composition of the court First Instance. At the same time A. filed a motion for trial by jury; IA filed a motion for consideration of the case by a single judge; P. and wanted the case in a collegiate composition of the court. These petitions have been recorded in the minutes of familiarization.
Questions: Evaluate the validity of the stated petitions, actions of the investigator? In what part of the court will consider the case?

Task 4.

The criminal case instituted on the fact of murder investigator suspended seven times, citing the fact that the person to be an accused has not been established. The public prosecutor of the city each time canceled the decision of the investigator, referring to the fact that he has not made all possible investigative actions. In this situation, and extended the period of investigation each time for one more month. The representative of the victim filed a complaint with the county attorney, stating that the investigator and the prosecutor of the city broke the rules the extension of the investigation, and asked him to take a decision on the case.
Assess the situation. Could the prosecutor of the city seven times to prolong the investigation after the lifting of the suspension of the proceedings? What should the district attorney?

Task 5.

Judge of the City Court, in the course of the criminal proceedings in the trial court, ordered the removal of the defendant from the post, citing the fact that the defendant, using his official position, prevents the course of the criminal proceedings.
Assess the situation. I did the judge the right to make such a decision? Can a defendant to appeal and, if so, in what manner?

Question 1.

What specific violations of the criminal procedural law may be grounds for quashing or changing the final decision (verdict) in criminal proceedings, and the recognition of the evidence inadmissible.

Question 2.

How does the Code of Criminal Procedure Chapter 42 of the Federal Law "On Jurors federal courts of general jurisdiction"? Who can be a jury? Who can not be a jury? Who has the right to remove himself or herself? Who can t

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