This paper contains the Law of Investigation with text and judicial precedents and tries to explains the aims and objects of investigation and the role with its limitations.
the term Anticipatory Bail is not found in the Code of Criminal Procedure Code but it is a terminology used in general practice. The Code describes it under Section 438 as Bail in the event of arrest. Arrest is not precluded but it... more
the term Anticipatory Bail is not found in the Code of Criminal Procedure Code but it is a terminology used in general practice. The Code describes it under Section 438 as Bail in the event of arrest. Arrest is not precluded but it prevents detention in the custody.
The rule is that there should be an apprehension of arrest and the Court should be satisfied that there is a reasonable apprehension. Gurubaksh Singh Sibba vs State of Punjab is the landmark judgment and had has since then been followed till Siddharam Mhetre was taken as an opportunity to revisit the concept of bail in anticipation of arrest.
Studies of policing dominate the criminal justice literature but very few studies report empirical data regarding police handling of evidence, specifically including DNA evidence. Given that evidence handling is crucial in the... more
Studies of policing dominate the criminal justice literature but very few studies report empirical data regarding police handling of evidence, specifically including DNA evidence. Given that evidence handling is crucial in the investigation and prosecution of criminal offenders, this gap in the literature is surprising. The present paper addresses the quality of evidence handling in a mid-size police department in the northwest United States. Three surveys-two of officers within the department and one of state crime lab managers who test and examine evidence samples provided to them by local police departments-suggest that police offers in this mid-size city are only modestly familiar with proper evidence handling procedures, including those procedures regarding the collection, packaging, transportation and submission of possible DNA evidence.
Em março de 2018 entrou em vigor o CLOUD Act, lei dos Estados Unidos da América que prevê o fornecimento de dados eletrônicos mantidos no exterior mediante simples ordem judicial daquele país. A nova lei traz diversos questionamentos... more
Em março de 2018 entrou em vigor o CLOUD Act, lei dos Estados Unidos da América que prevê o fornecimento de dados eletrônicos mantidos no exterior mediante simples ordem judicial daquele país. A nova lei traz diversos questionamentos tanto no campo da proteção de dados pessoais quanto impactos para a cooperação jurídica internacional, em especial no que toca a produção de provas no estrangeiro. O presente artigo objetiva expor os pontos essenciais do CLOUD Act, inclusive o contexto no Brasil e nos Estados Unidos no tema, analisando os impactos prováveis da novel legislação sobre as relações entre Brasil e Estados Unidos, além dos efeitos possíveis e prováveis da adoção de tal modelo cooperativo bilateral em relação à Convenção sobre Obtenção de Provas no Exterior de 1970, desenvolvida pela Conferência de Haia sobre Direito Internacional Privado.
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Cloud Act and the reflections on the systematics of evidence collection abroad
In March 2018 a new legislation called CLOUD Act came into effect in the United States of America, a law which provides for access to electronic data maintained in server or facilities outside of the US by a simple court order from that country. The new law shines a light on many questions, both in the fields of data privacy and international legal cooperation, especially in that which concerns the gathering of evidence abroad. This article aims at exposing the central points of CLOUD Act, including the context of its development in the US and related situations in Brazil, analyzing the probable impacts of the new set of rules on the diplomatic relations between Brazil and the United States, apart from possible effects of the adoption of such bilateral cooperative model in relation to the Convention on Gathering of Evidence Abroad of 1970, developed by the Hague Conference on Private International Law.
