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Search results for: search in All Content

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Unreasonable Search and Seizure

Unreasonable Search and Seizure

Author(s): Iarina Prelipceanu / Language(s): English / Issue: 2/2000

Keywords: Fourth Amendment of the U.S. Constitutions and the U.S. Supreme Court interpretative decisions

The article dwells on the restrictive conditions for disposing the preventive measures, as long as the innocence assumption functions. The writing relies on the Fourth Amendment of the U.S. Constitutions and especially on the U.S. Supreme Court interpretative decisions. The meaning of this amendment is still developing within the Supreme Court’s decisions.

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In Search of an Archetype

In Search of an Archetype

In Search of an Archetype

Author(s): Aleš Debeljak / Language(s): English / Issue: 26/2002

Keywords: essay

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Questions arising from tHe aCtiVities of search and seizure according to tHe Code of Criminal Procedure of AzerbaiJan
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Questions arising from tHe aCtiVities of search and seizure according to tHe Code of Criminal Procedure of AzerbaiJan

Някои въпроси за провеждането на обиск и изземане по наказателно-процесуалното законодателство на Република Азербайджан

Author(s): Midhad Qafarov / Language(s): Bulgarian / Issue: 1/2016

Keywords: search; seizure; investigation

Тhe article discusses the legislative regulation of the search in the republic of azerbaijan and proposes a definition to be included in the Code of Criminal Procedure of Аzerbaijan.

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IN SEARCH OF THE TRUTH

IN SEARCH OF THE TRUTH

IN SEARCH OF THE TRUTH

Author(s): Ovidiu-Marius Bocșa / Language(s): Romanian / Issue: 09/2016

Keywords: postmodernism; values; truth; ethics of resistance; experiență

We could call rightfully Nicolai Harmann, Max Scheler and Theodor W. Adorno as ”musketeers of philosophy”, as they are looking for the firm realm of values. The whole postmodernism seems entitled to try diversity (from the passing love of the rhetoric to a challanging axiology ) taking reality into a very serious play of extended opportunities (possible worlds related both to imaginative creativity and the task of changing the world, as well chances of "political subject" or "autonomous subject" dissolved in subjectivity) involving attitudes of contemporary thinkers . These describe them together with non-identity and appearance and nondecidable attitude on the "undermining concepts" and keeping contradiction, both in terms of deconstruction and negative dialectics as they are reiterated in the speech of different types of modernism as well as of post-modernity characterized by, the "strategy of seduction", the role of media, and invading reality of virtual worlds, as well as new utopias may be seen (in the context of theoretical and interpretive violence, a poetics of polarization exercising gap, play and ritual or even fatality in the "fourth world" related to ”transpolitic”, incorporating profiles so called "obese", "hostage" and "obscene"),beyond exaggeration, the transition from law to rules and radicalized assumptions

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In search of barbarians
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In search of barbarians

In search of barbarians

Author(s): Andriy Lyubka / Language(s): English / Issue: 06 (24)/2016

Keywords: Ovid; Eastern Europe; Romania; Ukraine; Travel writing

I was on a journey to explore Ovid, the Roman poet exiled to Eastern Europe, and his relationship with these lands. I wanted to understand why he wrote so many unpleasant things about the barbarians who lived here.

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In a Search for Lodestars
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In a Search for Lodestars

In a Search for Lodestars

Author(s): Evelina Kelbecheva / Language(s): English / Issue: 2/2017

Keywords: Crisis; Humanistic intelligentsia; Criticism; Social responsibility; Guiding star

The World War I and the ensuing defeat became deeply felt historical turning point and inspired an active intellectual debate about the fate of the Bulgarian nation. The authors of the texts analyzed in this article are mostly young poets, critics, scholars, and artists. These intellectuals (most of them for a long time stigmatized as “bourgeois”) I designate as the Bulgarian humanistic intelligentsia (Boyan Penev, Kon-stantin Galabov, Geo Milev, Ljudmil Stoyanov, Boris Trichkov, etc.). Regardless of the diversity of their ideas, stemming from their different backgrounds (education, party affili-ation, profession), they are united by the desire for fast and accurate response to the post-war crisis. Their common feature is the profound criticism of the social and cultural life – the sharpest expression of which was the wartime chauvinistic literature in Bulgaria and elsewhere. Let’s not forget that towering figures such as Thomas Mann, Stefan Zweig, Hen-ri Bergson, Nikolay Gumilyov, and Filippo Tommaso Emilio Marinetti were also – in dif-ferent moments – in the trap of nationalistic euphoria, and the voices of pacifists were quite rare. Another unifying component is the quest for the causes of the widespread decline. Criticism is one side of the socio-political activity of the Bulgarian intelligentsia after the war. The exit from the post-war crisis is also a matter of constant debate. It is interesting to note that time and again the post-war intellectual elite turns back to the heroes of the Bulgarian Revival as “logging stars” – Botev, Levski, and later on, the herald of Modern-ism, Slaveikov. Still, the quest for “guiding star” in the past is, in some way, nostalgic and shows a certain lack of social imagination.Only one voice – that of Boris Trichkov – sounds hopeful as he sees World War I as a turning point after which the Bulgarians will transform themselves from a “people in themselves” into “people for themselves.”

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Theoretical and practical approaches relating to body search institution

Abordări teoretice și practice referitoare la instituția percheziției corporale

Author(s): Cristian-Eduard Ștefan / Language(s): Romanian / Issue: 07/2012

Keywords: search; body search; the new Code of Criminal Procedure; searched person.

In the study hereby, the author sets under review the body search institution, from the perspective of theoretical and practical approaches. Body search has a distinct character, being undertaken in some cases separately from other evidence procedures, but it is also frequently undertaken on home searches, detention or arrest of a person. The author puts forward, within the study, the main legal regulations applicable in the field of body search, focusing on the new amendments to the new Code of Criminal Procedure, and reasoning some de lege ferenda proposals.

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Search in the context of the provisions of Law no. 51/1995 on the organization and practice of the profession of lawyers and on the lawyers’ professional statute

Percheziția în contextul prevederilor Legii nr. 51/1995 privind organizarea și exercitarea profesiei de avocat și ale statutului profesiei de avocat

Author(s): Ioan Lazăr / Language(s): Romanian / Issue: 06/2011

Keywords: search; professional secrecy; lawyer; public order.

Objective law encompasses explicit provisions protecting the relationship between the lawyer and his client. Lawyers’ professional statute and the law on the organization and practice of the profession of lawyers enshrine a fundamental, public order principle that protects the relationship between client and lawyer - the principle of professional secrecy. According to the statute, the principle of professional secrecy covers all information and all data of any kind, in any form and by any medium subject to lawyers’ work. The issue approached wishes to address the lawyer’s conduct where there is likely to be a violation of professional secrecy, in consequence of the disposition to search the premises or the secondary office of the law firm.

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COMPUTER SEARCH VERSUS TECHNICAL-SCIENTIFIC FINDING

COMPUTER SEARCH VERSUS TECHNICAL-SCIENTIFIC FINDING

COMPUTER SEARCH VERSUS TECHNICAL-SCIENTIFIC FINDING

Author(s): Radu Slăvoiu / Language(s): English / Issue: 2/2018

Keywords: search; technical-scientific finding; computer system; the role of the specialists; the exclusionary rule;

The study intends to establish delimitation between computer search and technical-scientific finding, having as a starting point certain cases encountered in the judicial practice when the law enforcement authorities confused the scopes of these two evidentiary procedures. The author emphasises that such an error can injure the fundamental rights of the parties of the criminal case, including the right of defence that the suspect or the defendant has, and can lead to the exclusion of the gathered evidence.

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Search to detect or stop or suspend a suspect

Search to detect or stop or suspend a suspect

Przeszukanie w celu wykrycia lub zatrzymania albo przymusowego doprowadzenia osoby podejrzanej

Author(s): Rafał Łyżwa / Language(s): Polish / Issue: 40/2018

Keywords: search; arrest; forced take; suspect; criminal proceedings; constitution; convention;

The subject of the article is a review of the search engine to detect, stop or force a suspicious person. The author draws attention to the dual nature of this procedural process. It is both an evidential measure aimed at achieving the objectives of the preparatory proceedings and a means of coercion interfering in the sphere of human rights and freedoms. The aforementioned procedural institution should be looked at not only by the provisions of the Code of Criminal Procedure but also by the Constitution of the Republic of Poland and the Convention for the Protection of Human Rights and Fundamental Freedoms.

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Search and Protection of Secrets

Search and Protection of Secrets

Przeszukanie a ochrona tajemnicy

Author(s): Krystyna J. Szczechowicz / Language(s): Polish / Issue: 40/2018

Keywords: search; protection of secrets; professional secrecy of lawyers; defense secrecy; professional secrecy; document;

The author of the following paper analyzes the principles of conduct in the case of the issued or found in the course of searches letters or documents containing confidential information, information covered by professional secrecy or by any other legally protected secrecy, documents of personal nature, as well as documents covering the circumstances relating to the performance of the defender’s function. The discussed matter is still live and it raises many questions and problems in connection with the search activity aimed at obtaining evidence in the aspect of protection of legally protected secrets. The lack of formal regulations restricting searches in law firms, doctors’ offices or editorial offices makes it necessary to assess whether the guarantees contained in the Code of Criminal Procedure are sufficient.

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SEARCH AND RESCUE AT SEA

SEARCH AND RESCUE AT SEA

CĂUTAREA ȘI SALVAREA PE MARE

Author(s): Nicu Chirea / Language(s): Romanian / Issue: 41/2020

Keywords: search; rescue; life; convention; cooperation; planning; management; action;

Human life is invaluable and therefore states would have to spare no effort to estblish bodies and to acquire specific means to save these lives at sea, means that compared to the lives that can be saved are worth insignificant . Permanent development of search rescue service is one of the measures needed to ensure the rights of citizens and to ensure a safe environment in the economic space of any state.

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PROBLEM ISSUES ON THE ARREST OF THE PROPERTY OF THE PROPERTY DETERMINED DURING THE SEARCH AND DETERMINING ITS STATUS

PROBLEM ISSUES ON THE ARREST OF THE PROPERTY OF THE PROPERTY DETERMINED DURING THE SEARCH AND DETERMINING ITS STATUS

ПРОБЛЕМНІ ПИТАННЯ АРЕШТУ МАЙНА ВИЛУЧЕНОГО ПІД ЧАС ОБШУКУ ТА ВИЗНАЧЕННЯ ЙОГО СТАТУСУ

Author(s): Anatoliy Simchuk,Marina Kulik / Language(s): English,Ukrainian / Issue: 2/2019

Keywords: search; temporary seizure of property; property seizure; measures for ensuring criminal proceedings; decision of the investigating judge; material evidence; petition for a search;

Article 41 of the Constitution of Ukraine stipulates that no one can be unlawfully deprived of his / her property rights. According to Art. 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, no one may be deprived of his property except in the interests of society and under the conditions provided for by law and by the general principles of international law. These and other regulations justify the need for detailed regulation of the procedure for the use of property seizure as a measure of criminal proceedings. In this context, an important aspect of criminal proceedings is the search for a proper balance between private and public interests, the creation of preconditions for persons who own property to exercise their powers over their property and, at the same time, to achieve the objectives of criminal proceedings.

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In Search of Truth:

In Search of Truth:

In Search of Truth:

Author(s): Annalisa Cosentino / Language(s): English / Issue: 38/2021

professor at New York University, was writing the first part of a trilogy. Helen Epstein, born in Prague in 1947 to survivors of Terezín and Auschwitz, grew up in New York City, as her parents left Czechoslovakia after the communist takeover of 1948: ‘In February of 1948, there was a Communist coup. Kurt saw the Communists as Nazis in a different color uniform and was determined to get out. My prescient father had applied for an American visa right after returning to Prague from koncentrák and with the help of relatives in New York, we flew out of Prague and joined the Czech refugee community there’ (Epstein 2017, p. 25).

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The Procedure for Carrying Out a Body Search and a Vehicle Search

The Procedure for Carrying Out a Body Search and a Vehicle Search

The Procedure for Carrying Out a Body Search and a Vehicle Search

Author(s): Silviu Nicolae Pană / Language(s): English / Issue: 1/2022

Keywords: body search; vehicle search; probatory means; evidence;

In the specialized literature, the importance of the search is proven, determined by the fact that, in many circumstances, it becomes decisive in solving the criminal case, by obtaining evidence which is absolutely necessary to establish the facts or circumstances in which a crime was committed, as well as to identify the author. Body search and vehicle search is a procedure by which important evidence can be obtained in the criminal process and not only, giving the criminal investigation bodies the opportunity to violate the rights and freedoms of people for legitimate purposes, but in compliance with strict rules provided by the law.

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Some theoretical aspects regarding the search

Some theoretical aspects regarding the search

Unele aspecte teoretice privind percheziţia

Author(s): Maria Raluca Sotir / Language(s): Romanian / Issue: 4/2022

Keywords: search; objects; crime; perpetrator; crime; deed; documents;

In order to be used as evidence in criminal proceedings, objects containing in their structure or bearing marks on their surface in connection with the crime committed, documents or values of any kind must be in the possession of the judiciary by a legal means. The search represents the evidentiary procedure through which objects or documents are searched and seized that can serve as evidence in the criminal process. Conducting a search relates to the nature and peculiarities of the place. The search can be corporal, on vehicles and at home.

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IN SEARCH OF A HOUSE

IN SEARCH OF A HOUSE

IN SEARCH OF A HOUSE

Author(s): Patricia-Dorli Dumescu / Language(s): English / Issue: 16/2019

Keywords: colonialism; postcolonialism; inner vs. outer quest; the order of new things;

A House for Mr Biswas is V.S. Naipaul’s finest metaphor of ,,unhousing”: the main character is, like many of today’s immigrants, in a continuous search for a place he may warmly call home. Nevertheless, the world he inhabits proves to be hostile for the formerly colonial subject. The present paper will thus analyse the possibilities a postcolonial has in a society which is not yet ready to accommodate misguided identities or innerly torn individuals.

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EXERCISES FOR THE VALIDATION OF EQUIPMENT AND TECHNOLOGIES WITHIN THE EUROPEAN SEARCH AND RESCUE PROJECT

EXERCISES FOR THE VALIDATION OF EQUIPMENT AND TECHNOLOGIES WITHIN THE EUROPEAN SEARCH AND RESCUE PROJECT

EXERCIȚII PENTRU VALIDAREA ECHIPAMENTELOR ȘI TEHNOLOGIILOR DIN CADRUL PROIECTULUI EUROPEAN SEARCH AND RESCUE

Author(s): Nicolae Maruntelu / Language(s): Romanian / Issue: 71/2023

Keywords: search; rescue; equipment; technologies; initiatives;

The Romanian Cluster PROECO – CBRNE among other partner entities has been involved in the last three years in the European Search & Rescueproject. Within this project, the aim was to test in operational simulated environment and to qualify at Technology Readiness Levels 19 devices and systems for first responders in case of emergencies. For the development and testing of these devices and systems, 7 practical exercises were carried out, one of which was organized in Romania, in Tuzla, under the coordination of the Romanian Cluster PROECO-CBRNE. This article briefly presents the main activities and projects results, outlining PROECO contribution.

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TACTICAL RULES FOR CARRYING OUT THE SEARCH

TACTICAL RULES FOR CARRYING OUT THE SEARCH

REGULI TACTICE DE EFECTUARE A PERCHEZIŢIEI

Author(s): Cristiana Fumureanu / Language(s): English,Romanian / Issue: 4/2021

Keywords: search; initial measures; the search team; the rules of the search itself;

The search as a procedural activity is based on a number of psychological factors that must be considered by the investigator. Distributive attention, organization and perseverance are essential, along with observing the psychological reactions of the searched person. Moving to the place of the search, entering the searched space and the actual search are done in compliance with the rules of criminal procedure, but also taking into account the psychological implications of this activity.

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THE DESTRUCTION OF EVIDENCE SEARCHED IN A SEARCH AND SEIZURE PROCEDURE

THE DESTRUCTION OF EVIDENCE SEARCHED IN A SEARCH AND SEIZURE PROCEDURE

THE DESTRUCTION OF EVIDENCE SEARCHED IN A SEARCH AND SEIZURE PROCEDURE

Author(s): Bogdan Bodea / Language(s): English / Issue: 3/2024

Keywords: search; seizure; destroying; evidence; self-incrimination.

The article analyses the act of destroying evidence searched in a search and seizure procedure, and weather or not such an act is incriminated or should be incriminated if committed by the author of the original crime. The problem was raised as the need to respect the defendant’s privilege against self-incrimination extends to the right not to provide evidence against oneself.Therefore, the article is set to establish the correlation between perpetrating such an act and exercising a procedural right, form a criminal law, procedural law and human rights point of view.

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