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NCJRS Abstract

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NCJ Number: 70932 Find in a Library
Title: Criminal Procedure (From UNAFEI (United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders) Report for 1978 and Resource Materials, P 253-258, 1979 - See NCJ-70911)
Author(s): C C C Chin
Date Published: 1979
Page Count: 6
Format: Document
Language: English
Country: Japan
Annotation: Representatives from India, Singapore, Thailand, and Japan discuss the problems in criminal procedure posed by new forms of crime and the fair and speedy administration of justice in these countries.
Abstract: India's representative discussed the problems arising from the emergence of new forms of criminality resulting from socioeconomic changes in India, as well as the necessity of meeting the challenge of such socioeconomic offenses as tax evasion, adulteration of food and drugs, corruption, smuggling, and profiteering by reforming criminal justice administrative machinery. The Law Commission of India suggested certain changes in the concept of criminal law and observed that if legislation applicable to new forms of crime departs from previous laws applicable to traditional crimes in respect of mens rea and other matters, the departure would be justified. Preventive detention and other areas treated by the Law Commission are briefly reviewed. The institution and disposal of private complaints in Singapore are also considered. Singapore has two types of private complaints: (1) complaints to issue maintenance proceedings by a wife against her husband and (2) complaints to issue proceedings for minor offenses. Furthermore, procedural problems faced by Thai courts are considered; they include the requirement that all evidence and testimony be recorded by the judge, a procedure which contributes to court delays. Problems in the exercise of discretionary power by Japanese public prosecutors are discussed as well. No references are included.
Index Term(s): Civil proceedings; Criminal proceedings; India; Japan; Law reform; Prosecutorial discretion; Right to fair trial; Right to speedy trial; Singapore; Thailand; White collar crime
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