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Objective The issue in health is dynamic and full of development, although the more sophisticated medical technology does not mean that all diseases can be cured. In certain cases the patient is dying and tortured. Patients and/or their families sometimes ask to be freed the patient from suffering by ending their lives. This demand for euthanasia is a pro and a contra view in Indonesia, especially in terms of legality. Method The type of research in this article is normative research, using a statutory and conceptual approach analyzed and presented descriptively. Results The euthanasia is a health act that has legal implications. Although the Criminal Code does not explicitly mention the word euthanasia, however, based on the provisions of the Criminal Code it is stated that taking action to eliminate lives should not be carried out, even if the patient's family wishes. According to the law, social, religious and ethical norms of doctors, euthanasia is not allowed. Conclusion The euthanasia in Indonesia cannot be carried out formally because the legal basis governing it still prohibits such actions. This can be seen from the court's decision to reject euthanasia requests. In addition, norms and values are a barrier to the legalization of euthanasia practices in Indonesia.

Child torture includes a combination of two or more cruel inhuman degrading treatments for long periods of time, such as: intentionally starving the child, forcing the child to sit in urine or feces, binding or restraining the child, repeatedly physically injuring the child, exposing the child to extreme temperatures without adequate clothing, locking the child in closets or other small spaces, and forcing the child into stress positions or exercise which results in prolonged suffering permanent disfigurement/dysfunction, or death. 1 This study is a comprehensive analysis of the 50 U.S. state criminal codes and the D.C. criminal code, and identifies a gap in at least fourteen state codes for cases of child torture. 2 Every state code prohibits causing physical harm to a child, but not every state code criminalizes the mental trauma that occurs or a child when the torture does not result in a serious physical injury. If the child dies from the torture, then prosecutors can charge murder. However, in cases where the child survives without serious physical injuries, the only charges that fit the elements of the crime in many states are misdemeanors (crimes punishable with a jail sentence of less than one year). For example, South Dakota has adopted a statute to explicitly address the issue. The South Dakota child torture statute reads, “Any person who abuses, exposes, tortures, torments, or cruelly punishes a minor in a manner which does not constitute [a felony], is guilty of a ...felony.” U.S. state child torture statutes explicitly criminalize torturing children or a synonymous action such as “causing unjustifiable suffering.” Three variations of child torture statutes exist within U.S. state criminal codes. Thirty-six-state criminal codes and the DC criminal code contain a form of felony child torture statute. For fourteen states without a felony child torture statute, a gap in the criminal code exists that often allows people who have tortured children to serve light sentences usually reserved for slight misconduct. Legislation is suggested in these states. This study further highlights a model statute based on the survey of various U.S. child torture statutes.

Deepfakes are synthetic audiovisual content generated by machine learning that can be used to simulate highly convincing representations of real people doing and saying things they have not done or said, consequently creating both private and public harms. Deepfakes are one tool among many to generate and spread online misinformation, and, especially when they depict prominent and widely recognizable people, can erode trust in political and cultural institutions. At the same time, deepfakes of individuals who are not public figures can cause serious damage to the autonomy, dignity, and integrity of those falsely depicted, with significant repercussions for their personal and professional reputations. These deepfake injuries to non-famous people may be expected to increase as the software to create deepfakes becomes more mainstream, more affordable, and produces more realistic results. Although the digital platforms have implemented deepfake policies, they primarily address the public harms from misinformation and focus on mitigating hermeneutic harms from audience misperception. The platform’s deepfake policies only indirectly address the private harm experienced by individuals who are depicted in deepfakes without their consent, and only indirectly act to deter or penalize those who generate and circulate deepfakes. Hence, there is a complementary role for legal regulation of deepfakes to address these private harms. We explain that the core private harm injury arising from the creation and circulation of a deepfake is a counterfeiting of personality. The non-consensual use in deepfakes of a person’s image, mannerisms, voice, and other traits results in a loss of autonomy and dignity relating to the undetected doubling of a person’s identity. We examine the existing personality-offenses in law, including personation in the Criminal Code, impersonation in elections law, and the tort of misappropriation of personality, and explain that they are designed to remedy these counterfeiting harms incurred by the undetected doubling of a person’s identity. We argue these personality-based offenses should be applied to penalize and deter those who generate and circulate deepfakes and to redress the harms arising from the counterfeiting of personality caused by deepfakes.

The modern sphere of professional and amateur sports is an intensively developing area of human activity. Among all the variety of sports, each of them has its own set of rules, which also includes disciplinary responsibility for their violations. The article deals with offenses committed in the field of professional and amateur sports, the responsibility for which is provided by the Criminal Code, as well as offenses for which disciplinary responsibility is currently provided. With regard to the latter, the question of the possibility of applying the norms of criminal law is raised.

This chapter explains how the Indonesian Constitutional Court (Mahkamah Konstitusi or MK) protects the rights of the LGBT through the decision number 46/PUU-XVI/2016 (hereinafter the LGBT case), that was decided at the end of 2017. In a 5-4 decision, the Constitutional Court rejected a petition by some conservative Muslim organizations under the banner of Love Family Alliance (Aliansi Cinta Keluarga or AILA), which asked the Constitutional Court to interpret several provisions of the Indonesian Criminal Code including the article 292 that punished adults who committed obscene acts against children, so the article can also criminalize adults that doing the same-sex activities. In this case the Constitutional Court did not make a bold interpretation that stated if the attempt to criminalize LGBT as unconstitutional, they only stating that the legislature rather than the Constitutional Court was the proper institution to expand the scope of criminal law, so the claimant aspiration should be channeled to the drafting process of the new criminal code which at that time is taken by the government and the legislature. However, the absence of such a bold interpretation did not make this decision fail to protect the rights of the LGBT, in fact, throughout a decision that can be categorized as a weak-form review, the Court successfully protect the rights of the LGBT. This happens because there is a recent development in the drafting process of the new criminal code, one of them is an agreement between the government and the legislature to not incorporate the provisions that criminalize LGBT. Since the political institutions in Indonesia do not have a traditions that respect the independence of the Court, combined with a condition when almost 90% of the people in Indonesia still seeing LGBT as a threat to their life, this decision was clearly successful, because, in addition to being able to protect the LGBT community, it also able to maintain the legitimacy of the Constitutional Court in the eyes of the Indonesian public.

Brief to the Committee on Justice and Human Rights of the House of Commons, Canada, on Bill C-5, Clause 4. The brief proposes revisions to proposed amendments to the Criminal Code requiring written or recorded reasons for decision in sexual offence cases. The proposed revisions set out in the Brief would require that reasons for decision be either written or transcribed and published on a web site accessible to the public without fee. The objective of the proposed revisions to the amendments is to provide measures that will be more effective to enhance judicial accountability, the transparency of the legal process, and trust in the justice system — all purposes highlighted in the Preamble to the Bill. The brief does not address the provisions in Bill C-5 dealing with judicial education. Bill C-5 is available on the House of Commons web site.

Recently, there has been a great increase in the rate at which rape is being reported in the Nigerian society. Therefore, this article seeks to adumbrate the implications, possible causes of rape and proffers ways forward. The paper identify Rape as encapsulated under Section 357 of the Nigerian criminal code which is applicable to the southern part of Nigeria as “any person who has unlawful carnal knowledge of a woman or girl without her consent, if the consent is obtained by force or by means of threats or intimidation of any kind or by fear of harm, or by means of false and fraudulent representation as to the nature of the act, or in. And that in the case of a married woman, by impersonating her husband is guilty of an offense which is called rape. The possible causes of rape identified includes indecent dressing by the women, drug abuse by the men, rapists in Nigeria are so free due to the laxity of laws against rapist, and culture of silence to avoid social stigma, shame and public embarrassment associated with rape by female victims. To tackle the issue of rape, there should be public enlightenment to make everyone be aware that anybody can be raped, old or young. Equal education of both male and females will go a long way to reduce the rate of rape. Preventive measured should be preferred to curative measures .Women should be encouraged to dress decently and the female victims should speak up and report rape cases to the appropriate authorities.

Scaremongering is restrained by criminal law as a limitation to freedom of speech in Hungarian law. Without relevant case law, free speech commentators had rarely discussed the provision until the government’s actions taken in order to step up against the COVID-19 pandemic, and the following amendment of the Criminal Code in Spring 2020 brought the subject back into the field of public debates. The article analyses the constitutional issues related to the limitation of scaremongering, and takes the two constitutional court decisions in this subject as guideline.

This submission includes an amendment to Bill C-7 that would add a section to the general provisions of the Criminal Code concerning homicide and suicide (Appendix “A”). It uses the language of the criminal law: inflicting death, homicide, suicide and the well-established and well-understood criminal concept of "parties" to acts. The proposed amendment would establish that, as a matter of law and national public policy, no one can be compelled to become a party to homicide or suicide, or punished or disadvantaged for refusing to do so. The amendment would not prevent the provision of euthanasia or assisted suicide by willing practitioners, nor rational arguments aimed at persuading practitioners to participate, nor the offer of incentives to encourage participation. It is an addition that does not otherwise change the text of Bill C-7. Nor does it touch the eligibility criteria proposed by the Supreme Court and subsequent cases. However, the amendment would prevent state institutions or anyone else from attempting to force unwilling citizens to be parties to killing someone or aiding in suicide. It would prevent those in positions of power and influence from harassing, punishing or disadvantaging anyone who refuses to be a party to inflicting death on others.

This article studies the latest changes in Swiss anti-corruption legislation. To study the stated issue more thoroughly, the authors equally examine the contents of Title 19 of the Swiss Criminal Code on corruption, as well as the social and legal reasons for the revision of the latter. As a result of the study, the authors conclude that even after the amendments introduced in 2016, the Swiss anti-corruption policy retains controversial provisions of the legislation that need to be processed.

This study examines the experiences of physicians and nurse practitioners interpreting the statutory criteria determining patient eligibility for Medical Assistance in Dying (MAiD). The Criminal Code sets out what qualifies as “a grievous and irremediable medical condition”, which includes the requirement that a patient’s “natural death has become reasonably foreseeable” (NDRF). The Superior Court of Quebec struck down the provision as unconstitutional and the government responded by introducing Bill C-7 which now deploys the NDRF criterion in new ways. Ambiguity and controversy have attached to the phrase since the Government introduced Bill C-14 before Parliament in 2016. From January to March 2019, we conducted semi-structured interviews with twenty-four Canadian MAiD assessors and providers to find out how they interpret the relevant federal and provincial legislative provisions. Respondents included 9 doctors from Quebec where the provincial law differs from the Criminal Code. The article identifies differences in the eligibility regimes, while providing a detailed analysis of how health care practitioners interpret and apply the statutory requirements to determine patient eligibility for MAiD. Our findings shed new light on Truchon and Bill C-7, while offering insight into the on-the-ground experiences of health care professionals in this changing field of law.

This article examines the demise of the “all reasonable steps” requirement in s. 150.1(4) of the Criminal Code which limits an accused’s ability to assert a mistaken belief in age as a defence to sexual offences against children where he has failed to take such steps. The article demonstrates that the Court of Appeal for Ontario in R v Carbone has rendered this requirement meaningless in Ontario. Even where the Crown has met its burden to prove beyond a reasonable doubt that the accused did not take “all reasonable steps” to ascertain age, the Crown must still go on and prove mens rea as to the fact that the complainant was under the age of consent. The article argues that, where there is no suggestion that a legislative provision is unconstitutional, courts should not use statutory interpretation to effectively read a legislative provision out of existence, especially where it was intended to protect children from sexual contact with adults.

As part of a global trend, police forces across Canada have recently piloted or debated policies for the use of body and dash cameras. Extensive studies by two of Canada’s largest police forces have recommended adopting cameras, and copious scholarship has supported their potential for improving police accountability and trial efficiency. Yet, few police forces in Canada have formally adopted a policy to use cameras. Courts in recent cases have refused to recognize a right to police camera evidence under the Charter of Rights and Freedoms, pursuant to either the disclosure requirements of sections 7 and 11(d), or the scope of what constitutes a search carried out in a reasonable manner under section 8. But judges in other cases have decried the failure by police to use camera evidence to assist in prosecution. Recent deliberations within the RCMP, Toronto, and other police forces in Canada point to cost as an obstacle. This article surveys these developments to lend context for the argument that Parliament could foster greater uniformity in the adoption and use of police cameras and more efficient prosecutions — without unduly interfering in local funding decisions — by legislating a requirement that police use cameras in discrete situations, including arrest and detention, vehicle stops for Criminal Code offences, and residential searches.

Jonathan Crowe and Bri Lee have recently argued that the mistake of fact excuse, for which s 24 of the Criminal Code Act 1913 (Qld) provides, should be rendered inapplicable to rape and sexual assault proceedings in that State. In this article, I argue that this proposal is objectionable because, however progressive its promoters consider it to be, it is incompatible with human rights – and would probably breach the Human Rights Act 2019 (Qld). Moreover, the Queensland Law Reform Commission and the Queensland Parliament should reject an alternative proposal of Crowe and Lee’s, which seems to be aimed at achieving indirectly what their primary proposal would achieve directly. Even if Crowe and Lee’s research demonstrated that mistake of fact is causing injustice for rape and sexual assault complainants – and it does not – absolute liability for serious crime is indefensible.

The article analyzes the discrepancies between the terms used in the norm provided for by the article 235.1 of the Criminal Code of Russia and the notions introduced by special normative legal acts in the sphere of medicine production. The proposal on expediency of changing the existing norm is formed.

The 2015 Carter v Canada (Attorney General) case radically changed end-of-life care in Canada. This groundbreaking decision legalized physician-assisted suicide for competent adults who meet certain clinical criteria and who consent to their termination of life. The federal government then passed its legislative response, Bill C-14, to change the Criminal Code and legalize medical assistance in dying. Since Bill C-14 was enacted, the health care community has struggled to ensure that its implementation occurs in a legally compliant, patient-centered manner. This article focuses on the challenges of this new law for nurse practitioners, especially those in rural and remote communities.

Section 276 of the Criminal Code of Canada regulates the admission of evidence of a complainant’s prior sexual activity in sexual assault trials. Restricting the admission of such evidence has long been recognized as having salutary effects for the integrity of the criminal justice process, by eliminating reliance on stereotypical and false modes of thinking in the fact-finding process of judges and juries. The gatekeeping function of the application judge serves to ensure that the accused person’s right to full and answer and defence is not compromised in pursuit of these aims. Recent legislative changes enacted through Bill C-51, in conjunction with related jurisprudence from the Supreme Court of Canada, extend the reach of section 276. Through legislative amendments, complainants now have a right to counsel at a section 276 application, providing an opportunity for application judges to hear submissions about the impact of any proposed evidence on the privacy and dignity of a complainant. Through jurisprudential developments, Crown-led evidence of the complainant’s prior sexual activity is now subject to the same degree of scrutiny, and must meet the admissibility criteria of section 276(1) as well as R. v. Seaboyer. Complainants in cases that do not directly involve an allegation of sexual assault may also fall under the protective umbrella of section 276, as long as there is some connection between an offence of sexual violence and the offence(s) charged. Public confidence in the integrity of the administration of justice stands to be enhanced by these legislative and jurisprudential changes.

In the last decade, the number of blasphemy cases decided by Indonesian courts has been sharply increased. The government of Indonesia has been using the enforcement of the blasphemy law on FoRB and FoE. As the state member of the ICCPR (International Covenant on Civil and Political Rights), unfortunately, the Indonesian courts do not precisely follow the standard of permissible limitation under its. Limitations used by the court has less sense of legal certainty and justice because of some reasons. First, in most cases, the legal basis of limitation under the blasphemy laws namely the Law No. 1 / PNPS / 1965, the Indonesian Criminal Code, and the Law of EIT (Electronic Information and Transaction) are ambiguous and prone to multiple interpretation. Second, the limitation is primarily to prevent a disruption of public order which obviously refer to the majority religious groups opinion. Third, the courts fail to apply the necessity test. Rigorously, the courts used additional legitimizing grounds for limitation outside the scope of what is permitted by the ICCPR such as maintaining public peace and preventing national disintegration without giving further limiting explanation. Fourth, the court has never passed or used the "proportionality test" when punished the perpetrators. Over 95% of the individuals charged have been found guilty and over 70% of them have been punished with sentences longer than one year in prison. There is a tendency for courts to give excessive weight to public order in balancing protecting of individual rights and maintaining public order. Keywords: permissible scope of legal limitation, Indonesian blasphemy laws, freedom of religion or belief, freedom of expression, freedom of association, ICCPR.

Art crime invariably involves the interference with property rights. Whilst the criminal code provides a response for such occurrences, what is often overlooked is the availability of civil law remedies which may be more effective in terms of recovery of either the item in species or its true value. Further, under civil proceedings the true owner both controls the legal proceedings and has the benefit of a lower evidential threshold for recovery. Using the example of Edward Bullmore’s misappropriated artworks, this presentation focuses on civil law rights applicable under New Zealand law for recovery where property rights in visual arts are interfered with. By reference to the facts of Bambury v Jensen [2015] NZHC 2384, the discussion shows that the relationship between the owner of an artwork and a dealer is invariably fiduciary in nature. This means that the owner/artist has the benefit of a broader range of civil law remedies against both the dealer and third parties who either exercise possessory rights over misappropriated artworks, or become involved in their misappropriation. Civil law remedies are shown to be available both in equity and at common law. Although some may be available as a matter of general law, the discussion focuses primarily on lost, damaged or misappropriated art works in the hands of third parties.

The crime of piracy has plagued local and international maritime trade for thousands of years. Throughout history, pirate predation on trade ships was so infamous and prevalent that it was — and still is — considered an international issue. And because of its international reach and effect on commerce, piracy is defined and discussed under the United Nation’s Convention on the Law of the Sea (“UNCLOS”). In the United States, the statutory definition of piracy under the federal criminal code differs from the UNCLOS definition. However — even though the United States is not a member of UNCLOS — federal court jurisprudence incorporates the UNCLOS definition into the federal statutes acknowledging international definitions. Because of the universal and longstanding notoriety of piracy, punishment has historically been, and continues to be harsh today even when compared to other international crimes. In larger nations, piracy is typically governed by admiralty courts. Over time, the demarcation line for admiralty and international jurisdiction has ebbed and flowed due to the global expansion of trade. Today, prosecution of piracy falls under a universal jurisdiction among all nations which means that, generally, any nation can prosecute pirates. Piracy as a criminal act often employs the use of other common law crimes such as larceny, robbery, and murder. And although these crimes usually fall under the purview of U.S. State law, Congress is explicitly granted power over piracy through the U.S. Constitution. After the Golden Age of Piracy during European colonization, piracy entered a denouement. However, there had been a resurgence in global concern and prosecution of piracy with the prolific attacks by pirates along the coast of Somalia over the past two decades.

The distribution of funds by giving credit to the people in need is mostly done by banks or financial institutions in Indonesia by way of executing fiduciary. Fiduciary institutions have been regulated in Law No. 42 of 1999 on Fiduciary which requires registration of the objects of fiduciary to the Office of Fiduciary Registration. Then Fiduciary Registration Office will issue a fiduciary certificate that has executorial power which is similar to the decision of a judge who has permanent legal force. In practice there is a phenomenon of fiduciary execution by fiduciary receiver if the fiduciary giver does not carry out his/her obligations in accordance with the agreement, even though the agreement is not made in accordance with a notary deed and such fiduciary is not registered (unregistered), this is certainly very detrimental to the consumer. This study aims to find out and analyze on the implementation of legal protection for consumers during the execution of unregistered fiduciary. Legal protection for consumers during the execution of unregistered fiduciary is governed under the provision of Article 3 of the Regulation of the Minister of Finance of the Republic of Indonesia Number 10/PMK.010/2012, Article 1365 of the Civil Code, Article 368 of the Criminal Code, Article 4 letter a and Article 18 of the Law on Consumer Protection.

Solving criminal justice problems typically requires the enactment of new rules or the modification of existing ones. But there are some serious problems that can best be solved simply by altering the way in which the existing rules are drafted rather than by altering their content. This is the case with two of the most serious problems in criminal justice today: the problem of overlapping criminal offenses that create excessive prosecutorial charging discretion and the problem of legislative inconsistency and irrationality in grading offenses. After examining these two problems and demonstrating their serious effects in perverting criminal justice, the essay proposes a particular method of drafting criminal offenses – consolidated offense drafting – and then shows how this drafting approach is the best and perhaps the only effective means of solving the problems. Potential political resistance to the proposal is discussed.

Pursuant to the SEC’s Rule 10b-5, in order to obtain a conviction for insider trading based upon a tipper-tippee theory, the government must prove that the tipper received a personal benefit for the tip, and that the tippee knew about that benefit. The last five years of blockbuster insider trading cases have focused on this seemingly nebulous personal benefit test, and the Supreme Court has been unable to clear the muddy waters. As a result, the parameters of insider trading remain hard to pin down, and often shift depending on the facts of the most recent case. Two terms ago, the Supreme Court, in an unsurprising unanimous decision in Salman v. United States, reaffirmed the holding of Dirks, from which the personal benefit test arose. The Court in Salman, however, failed to elucidate the more problematic areas of insider trading, including the application of the personal benefit test if the tippee is not a trading relative or friend. Legal practitioners, legislators, and academics have offered up various solutions for the problem of having an amorphous law against insider trading, yet none have succeeded. This Article suggests that the hubbub over defining the personal benefit element of insider trading — sure to reach a fever pitch the next time a cert petition on the issue is granted — may be misguided. This is because there may be a simpler way to bring an insider trading case. Since Sarbanes-Oxley, there has been a sleepy provision of the criminal code that could present an end-around to the morass of insider trading precedents under Rule 10b-5. Under 18 U.S.C. §1348, the government can bring an insider trading case under the more general umbrella of securities fraud, which has scant jurisprudential precedent. In other words, the heavily-litigated personal benefit test found in Dirks may not apply to a charge of insider trading under §1348. The elements required to prove a charge under §1348 are similar to other fraud-based offenses such as mail and wire fraud, health care fraud, and bank fraud. Whether §1348 was intended to apply to insider trading in particular is an open question, and a broader question is whether the jurisprudential interpretation for the elements of the crime of insider trading as defined under Rule 10b-5 should be imported into the judicial interpretation of § 1348. In other words, if the conduct that constitutes criminal insider trading under Rule 10b-5 exists only if the elements of the Dirks test are met, then a §1348 charge for criminal insider trading may create an entirely new scheme and definition of the crime. This Article analyzes the potential of this dual paradigm, and argues that, given the uncertainty and shifting parameters of insider trading prohibitions, application of §1348 to insider trading should be afforded the rule of lenity.

In R. v. Labaye, the Supreme Court revised the test for Criminal Code offences involving indecency and obscenity, replacing the previous community standards of tolerance test. Despite the Supreme Court’s demand for positive knowledge of (risk of) harm, the Labaye test still largely protects a normative vision of society rather than promoting human sexuality and freedom of expression. The judiciary post-Labaye continue to fill evidentiary vacuums with circumstantial evidence and intangible harms, informed by judicial tastes rather than empirical harm. Labaye has also become a discursive construct that is explicative of harm in other public law arenas. This article reveals the inconsistencies in applications of the Labaye test and considers whether a more principled definition of harm is needed in indecency and obscenity cases and beyond.

This paper reproduces presentations made at the University of Tehran in March 2019 as part of the opening and closing remarks for a Conference on Criminal Law Development in Muslim-Majority Countries. The opening remarks discuss the challenges of codifying a Shari’a-based criminal code, drawing primarily from the experiences of Professor Robinson in directing codification projects in Somalia and the Maldives. The closing remarks apply many of those lessons to the situation currently existing in Iran. Included is a discussion of the implications for Muslim countries of Robinson’s social psychology work on the power of social influence and internalized norms that comes from criminal law’s tracking the shared judgments of justice of the community – “empirical desert” (included is a discussion in the closing remarks of the power of Tom Tyler’s “legitimacy” that is derived from fair and professional adjudication procedures).

This research is a qualitative and quantitative analysis on the success rate for plaintiffs who bring actions for negligent investigation against police officers who have wrongly accused them of criminality. This research falls within the broader framework of the success rate of plaintiffs who also seek damages from both police services and crown counsel regarding actions seeking damages for malicious prosecutions, breaches of rights under the Canadian Charter of Rights and Freedoms, and findings of miscarriages of justice pursuant to s. 691 of the Criminal Code of Canada. The data analysis shows that on a national basis, plaintiffs have a better than one in four chance to succeed in an action claiming damages for the tort of negligent investigation including its comparative remedy at civil law. The case law analysis shows that this tort has been proven when investigations have included relatively benign activity such as a simple mistake up to and including the characterization of police activity as reprehensible and high-handed.

Non-consensual dissemination of sexual images, often denoted as ‘revenge porn’, can be described as the act of distributing photos or videos depicting individuals in sexually suggestive or explicit circumstances without consent. The harmful impact can be felt both in the private and professional spheres of victims. Questions were raised across jurisdictions regarding the applicability of existing criminal law provisions or the need for legislative initiatives. After analysing the terminology and scope, this article examines three US state level dedicated laws, the amended UK Criminal Justice and Courts Act, and a dedicated provision in the Belgian Criminal Code. This analysis results in the identification of key elements that could serve as guidance for legislators to amend or adopt criminal legislation. Such provisions should include clearly delineated definitions, acknowledge that the lack of consent of the pictured person is the trigger for criminalisation, provide for relevant defences, and integrate sufficiently deterrent sanctions.

The securities regulatory authority and judicial department launched investigation into allegations of market manipulation by high frequency trading companies after the recent capital market crash in China. But in the absence of any criminal prosecutions under Article 182 of the Criminal Code of the People's Republic of China till now, the potential scope of the criminal violation of market manipulation remains uncertain in the context of high frequency trading. Notwithstanding the fact that high frequency trading is not ostensibly referred as one of the forms of criminal behaviors under Article 182, the statutory text of Criminal Code is sufficiently broad, and the mechanism of criminal law interpretation is legally and legitimately efficient, to catch high frequency trading schemes when the prosecutor can demonstrate that they have created a distorted price and (or) volume.

Circumcision is defined as the partial or total excision of the prepuce. It is one of the most frequently performed surgical procedures around the world. This practice primarily involves minors. The aim of this study was to review the legal aspects of ritual circumcision in France. We report the cases of an 11-year-old and a 15-year-old boy examined in the forensic unit at the Hotel-Dieu hospital in Paris, after their father complained to the Minors Protection Brigade of Paris following the discovery of their circumcision. The examination conducted in the forensic unit found that the two boys had undergone recent circumcision. The total incapacity of work (ITT) was assessed as 5 days for the 15-year-old boy and 1 day for the 11-year-old boy. Ritual "medicalized" circumcision is legal in France, and does not fall under article 222-1 of the Criminal Code (torture and acts of barbarism) or article 16-1 of the Civil Code (inviolability of the human body). Circumcision is treated as a "serious act" by several areas of jurisprudence, which means it is imperative to obtain the consent of both parents. Moreover, it must be performed in a hospital by knowledgeable staff.

The method allowing overcoming the semantic uncertainty in criterion concepts of a procedural law is offered. As an example, it had been chosen the Article 165 – “Violation of the author's or adjacent rights” of Criminal Code of Azerbaijan Republic, which is based on the formalism for the criterion concept “extensive damage” coupled with the applied sanction. For imposition of adequate to criterion concept sentence, it is offered the scale of the possible sanctions obtained based on the description of the correspondent legal norm in terms of fuzzy implicative rules.

The absence of justification for the Supreme Court of Canada’s framing of the objective of the assisted suicide and consensual homicide provisions of the Criminal Code, a framing which plainly pre-determined the finding of invalidity, calls into question the legitimacy of the Court's invalidation of the impugned laws. I explain why the Court’s interpretation of the impugned laws’ objective(s) was arbitrary and inconsistent with its own precedent in Bedford. I also question the basis on which the Court invalidates section 14 of the Criminal Code, given that it does not discuss its objective. Finally, I propose a basic framework for determining a law’s objective for the purposes of Charter section 7 review. This framework is designed particularly for criminal prohibitions, though it may be suitable for other contexts. It takes as its starting point the rule in Bedford — which the Court cites but does not actually follow in Carter — that the objective of the prohibition is to be “taken at face value” and “confined to measures directly targeted by the law”. Ordinarily, the text of the provision, particularly a criminal law prohibition, should make the objective plain, and examining outside evidence, such as Hansard transcripts, should be unnecessary. The onus should be on the party challenging the law’s validity to establish either that the law’s objective is not what it appears to be “on face value” or that the objective is invalid for other reasons.

Spanish Abstract: Dentro de los veintitres proyectos de ley reformatorios del Codigo Organico Inte-gral Penal (en adelante, COIP) planteados ante la Comision de Justicia de la Asam-blea Nacional, consta la propuesta que planea derogar el ultimo inciso del articulo 581. El inciso final del articulo en cuestion establece lo siguiente: “Para el ejercicio de la accion penal, por los delitos de peculado y enriquecimiento ilicito, constituye un presupuesto de procedibilidad que exista un informe previo sobre indicios de la responsabilidad penal emitido por la Contraloria General del Estado”1.El presente articulo busca dilucidar las principales repercusiones juridicas que supone la supre-sion del inciso final del articulo 581 del COIP. De igual manera, busca exponer las multiples incompatibilidades que presentan los delitos de enriquecimiento ilicito, peculado y el informe previo de contraloria como requisito de procedibilidad con los principios fundamentales del Derecho Penal Procesal. English Abstract: Within the 23 reform bills of the Organic Comprehensive Criminal Code (COIP) submitted to the Justice Committee of the National Assembly, there is a proposal that plans to eliminate the last paragraph of Article 581. The final paragraph of the article in question establishes the following: “[...] For the exercise of criminal action, for the crimes of embezzlement and illicit enrichment, a procedural presupposition is established that there is a prior report on indications of criminal responsibility issued by The Comptroller General of the State”. This article seeks to elucidate the main legal implications of the suppression of the final clause of Art. 581 of the COIP. Similarly, seeks to expose the multiple incompatibilities presented by the crimes of illicit enrichment, embezzlement and the previous report of the Government Accountability Office as a requirement of procedure with the fundamental principles of Criminal Procedural Law.

In April 2016, the federal government of Canada introduced draft legislation to regulate medical assistance in dying (MAiD). There was a swift and fierce response to various aspects of the Bill with some of the fiercest criticisms aimed at one of the criteria for eligibility found in the proposed text for s.241.2(2) of the Criminal Code: (2) A person has a grievous and irremediable medical condition only if they meet all of the following criteria:… (d) their natural death has become reasonably foreseeable, taking into account all of their medical circumstances, without a prognosis necessarily having been made as to the specific length of time that they have remaining. Some criticized the provision for being inconsistent with the Canadian Charter of Rights and Freedoms (drawing especially but not exclusively on the decision of the Supreme Court of Canada in Carter v. Canada). This criticism is now being litigated in the courts through Lamb v. Attorney General and Jean Truchon and Nicole Gladu v. Attorney General (Canada) and Attorney General (Quebec) and is not the focus of this paper. Others criticized the provision for containing a phrase that is unfamiliar and unclear: “reasonably foreseeable.” Despite attempts to remove s. 241.2(2) (at the hearings for both the House of Commons Standing Committee on Justice and Human Rights and the Standing Senate Committee of Legal and Constitutional Affairs, and in amendments passed by the Senate but rejected by the House of Commons), the provision remained in the version of the legislation that came into force on June 17, 2016. Not surprisingly, eighteen months on, there is confusion among health care providers, lawyers, and the public as to what the provision means. One court case tackled the issue head on but, for reasons discussed below, did not resolve all of the confusion. As a result of the ongoing confusion, there is reason to be concerned that under- or overinclusive interpretations of this eligibility criterion are adversely affecting access to MAiD. With critical interests at stake (e.g., access to MAiD and potential criminal liability), it is essential that the meaning of the provision be clarified. Furthermore, the meaning of “reasonably foreseeable” will no doubt be contested in the two Charter challenges to the federal MAiD legislation currently before the courts in British Columbia and Quebec. In order to determine whether s.241.2(2) violates the Charter, the courts will have to first determine what it means because whether the limits on access to MAiD violate the Charter depends on the scope of the limits. For these two reasons, and because MAiD providers and assessors and the public need guidance as they wait for an authoritative interpretation from the courts, it is worth bringing the principles of statutory interpretation to bear on the phrase “reasonably foreseeable.”

Section 714.1 of the Criminal Code of Canada allows for witnesses and victims to testify remotely via video link, within Canada. The legal test embedded within this provision – “appropriate in all the circumstances” – has led to inconsistent application across the country. Some jurists have embraced the flexibility provided by the video link process. Others have expressed reluctance, articulating the position that in-court testimony is to be preferred and permitting the use of video link evidence only in exceptional circumstances. R. v. S.D.L. is the first treatment of 714.1 by an appellate court. The Nova Scotia Court of Appeal has provided a set of clear guiding principles for trial judges. The Court recognized that applications for testimony via video link “should be permitted” so long as they do not negatively impact upon trial fairness or the open court principle. More specifically, where reliability (rather than credibility) is the central issue with respect to evaluating a witness’ evidence, video link applications should routinely be granted. The use of technology in the courtroom can thus contribute to the truth seeking function of the trial process and provide support for vulnerable victims and witnesses who may otherwise face greater personal costs through the process of testimony.

The study below is meant to focus on the migrant smuggling crime in Romania, especially analysis of the migrant smuggling infraction provided in the Romanian Criminal Code. Being a component of the human trafficking activity, the illegal migration is a phenomenon that is continuously extending and harder to stop due to the involvement of the organized crime networks and also due the ingenuousness and maliciousness of the people and the criminals. Therewith, the migrant smuggling is highly connected with drug trafficking, terrorism etc., aspects that are connected with the organized crime. Legally, there are many differences between the source states, the transit states or the destination states, that is slowing the fight of the states for combating this scourge. During this fight of preventing and stopping the illegal migrant smuggling, the states that are involved aligned their own legal frame to the international one in the activity field, by elaborating and promoting the regulatory acts that have been putting the responsibility on the governmental and non-governmental institution in this activity field. KEYWORDS: migrant, illegal migration, crime, organized crime, Romanian Criminal Code&nbsp

Summary We discuss the logic and implications behind the choice, in the 2014, Quebec province law, Bill 52, which legalized euthanasia, of calling it “medical aid in dying”. The adoption of this euphemism to define the practice of euthanasia as a medical act was so that it would arguably be considered part of health care, which is under provincial jurisdiction, rather covered by the federal criminal code. Also, the general public was more likely to accept a practice labelled “medical aid” than “euthanasia”. Polls indicate that many Quebecers and health care professionals are confused about what is legal and illegal. We suggest that there is an ethical imperative for lawmakers to clearly inform the public about the explicit nature of what is being legalized. After passage of Bill 52, the Supreme Court of Canada, in 2015, decreed in Carter v. Canada, to legalize the practice of assisted suicide and/or euthanasia throughout Canada, and gave the Federal Government one year to establish guidelines. The Supreme differentiated between when there is no health care issue, and when a person is suffering from a “grievous and irremediable medical condition”. The objection raised by two senatorial reports, that we should not offer death as an option to abridge suffering when adequate palliative care is not universally available, has not been directly confronted. Despite concerns about the costs of palliative care, research found that in the United States, each dollar spent on palliative care saves over $1.30 in medical expenses. We contend that with assisted suicide, patients have greater freedom to change their minds free of social pressure and not complete their assisted suicide. In fact, between 1998 and 2012, 36% of people in Oregon who received lethal medications for assisted suicide did not take the medications. The ending of life is one of the most challenging issues before legislators. It is paramount that they should search for a convincing consensus among the public based upon a clear understanding of options and exercise prudence before overly determining outcomes.

Except for Quebec, all Canadian provinces have introduced administrative laws to lower the permitted blood alcohol concentration (BAC) to .05% or .04% for driving-or having the care of-a motor vehicle. Using linear mixed effects models for longitudinal data, this study evaluates the effect of administrative BAC laws on fatal alcohol related crashes and law enforcement patterns in Canada from 1987 to 2010. Results reveal a significant decrease of 3.7% (95% C.I.: 0.9-6.5%) in fatally injured drivers with a BAC level equal or greater than .05% following the introduction of these laws. Reductions were also observed for fatally injured drivers with BAC levels greater that .08% and .15%. The introduction of administrative BAC laws led neither to significant changes in the rate of driving while impaired (DWI) incidents reported by police officers nor in the probability of being charged for DWI under the Criminal Code.

We have conducted a review to analyze the impact of the new project to reform the Spanish Criminal Code drafted on October 4th 2013 concerning security measures, which is based on the assessment and treatment of forensic patients. This project could change the current law in the event it is ultimately approved.

Summary Sexual exhibitionism is a form of human behavior that surprises and challenges us. The French Criminal Code punishes this offence in the section devoted to sexual aggressions. It is indeed a hetero-aggressive action without direct contact with the victim. In the eyes of the public, the perpetrator of such aggressions is often mocked or seen as “crazy”. In profiling the personality of an exhibitionist or of this particular behavior itself, a very different structure appears, where the scopic functions used (show something off to be seen), result from a common characteristic in all these individuals: inhibition. By realizing this and taking it into account, we can improve prevention at both a primary level (education) and secondary level (management to avoid repeat offences).

By law, bigamy, a by-product of polygamy, is a criminal offence punishable with imprisonment in Nigeria. It is an offence which arises from what is otherwise an incidence of marriage. Whereas marriage is a civil union based on the choices of individuals and subject to the overriding regulation and sanction of the peculiar legal system under which it is contracted and celebrated, bigamy is primarily, under several jurisdictions, a criminal act which purports to create another marriage with one or more persons in spite of an extant marriage known to law with respect to the person creating or entering into the new contract. Thus, in some jurisdictions – including Nigeria, for example, there are laws which prohibit and criminalise marriages involving a man and more than a woman or a woman and more than a man at the same time. This paper examines the state of the law on bigamy in Nigeria and interrogates the factors responsible for dearth of prosecution, in spite of apparent increasing incidence of bigamous marriages in Nigeria. Further, the paper specifically appraises the purport of Section 370 of the Criminal Code in the light of the decisions in Rex v. Inyang and R. v. Princewell, the only two reported cases of bigamy prosecution thus far in Nigeria. In retrospect, the paper also addresses the issue of desirability or otherwise of retaining a bigamy law which does not appear to be in accord with the prevalent practices or culture or reality of a people. The paper concludes that it is desirable to keep bigamy in the criminal statute books as a necessary check on the malfeasance of those who have submitted themselves to the mores of monogamous marriage under the Marriage Act.

Under our criminal law, if I shoot someone at midnight on 31 December 2017, with the malicious intention of killing him without just cause or excuse, and he dies a second after midnight on 2 January 2019 of the gunshot wounds I inflicted on him, I’m not guilty of his homicide. See section 314 of the Criminal Code. Tax avoidance is legal only in like sense in which my gunshot victim’s ill-advised delay in dying excuses me from a murder charge. What I’ve done is not noble. Neither is tax avoidance. “The avoidance of tax may be lawful but it is not … a virtue.” The common law has over several centuries developed guides to statutory interpretation. These guides or rules are usually referred to as canons of statutory construction or canons of statutory interpretation. Given their complexity and detail, tax statutes may indeed be a special breed of legislation as asserted by tax lawyers. Even so, tax statutes ought to be amenable to all canons of statutory interpretation. But the received professional wisdom, zealously buoyed by the tax-avoidance industry, is that most of the canons are not suitable for construing this putatively elite category of legislation. Indeed, going by authority and precedent, the Strict Constructionist Approach and the Literal Rule appear to be the only permissible guides to construing tax statutes. But must we be obsessed with precedent?

Over two decades, the Brazilian state has engaged in concerted legal efforts to identify and prosecute cases of what officials refer to as the imposition of “slave labor” (trabalho escravo). At a conceptual level, the campaign has paired the constitutional protection of human dignity with an interpretation of the offense described in Article 149 of the Criminal Code as “the reduction of a person to a condition analogous to that of a slave.” At the operational level, mobile teams of inspectors and prosecutors have intervened in thousands of work sites, and labor prosecutors have obtained hundreds of consent agreements and convictions in the labor courts. This article – co-authored by a legal historian, a staff attorney at the Brazilian Chamber of Deputies, and a federal judge – draws on a massive archive of work site inspection reports to explore the ways in which inspectors and prosecutors give specific meaning to the analogy with chattel slavery. The authors find that the term “slave labor,” in this context, does not depend upon the international law definition of slavery as the exercise over a person of “any or all of the powers attaching to the right of ownership.” Instead, it identifies specific behaviors that are no longer permissible as between employer and worker, and which reproduce elements of what was once imposed by masters upon slaves. Intermediate normative terms introduced in the 2003 revision of the penal code – which prohibits the subjection of workers to “degrading conditions” and “debilitating work days” – have through the inspection processes taken on specific meaning. Rather than representing subjective notions in potential conflict with the principal of legality, as critics argue, their interpretation has unfolded through careful processes of documentation, negotiation, and prosecution. In Brazil’s current situation of political polarization and institutional fracture, this remarkable campaign against slave labor is coming under fierce attack from large-scale landholders and from elements within the executive, a development which adds urgency to the task of explicating the campaign’s legal bases and operational practices.

Written testimony concerning a bill proposing a revision to the sentencing scheme for violations of Denver municipal ordinances. The testimony argues that while the bill takes important steps toward disentangling the criminal justice system of the City and County of Denver from the federal immigration enforcement system, and toward reforming the one-size-fits-all municipal criminal code, it falls short in: (1) retaining the possibility of a one-year sentence, creating entanglement with immigration enforcement; and (2) not taking additional steps to disentangle Denver's criminal justice system, such as decriminalizing code violations; establishing tiers of fine-only violations, for which jail is not a possible sentence; limiting arrest authority, so that more ordinance violations are handled via summons without arrest; creating procedures for community members to clear warrants without arrest or incarceration; and creating procedures for community members to resolve ordinance violations without appearing in court.

Portuguese Abstract: O artigo desenvolve uma abordagem teorico-argumentativa sobre a politica criminal que dispoe sobre a priorizacao de tramitacao de processos penais em casos de crimes graves (art. 394-A do Codigo de Processo Penal), como resposta ao crescente indice de criminalidade, contextualizando-a com a Teoria do Eficientismo. Utiliza como marco teorico a abordagem do Direito Processual Penal a partir das politicas publicas, para inserir o estudo da alteracao legislativa do Codigo de Processo Penal no campo da tecnologia juridica. Metodologicamente, a pesquisa analisa o atual estagio do processo politico de enfrentamento da criminalidade, que pretende conferir maior celeridade para o processo penal em que se apuram infracoes mais graves e se isso representa algum avanco em termos de politica criminal, considerando que, ate entao, nenhuma medida foi adotada para a adequacao dos ritos processuais que atendam a essa proposta de celeridade, de forma abrangente em toda a extensao do Sistema Persecutorio-Penal. A abordagem legislativa do Direito Processual Penal como tecnologia juridica e inovadora e deriva da necessidade de visualizar o funcionamento do sistema de justica criminal a partir de seus arranjos institucionais. English Abstract: The article develops a theoretical-argumentative approach on the criminal policy in the processing priority of the criminal’s prosecutions in cases that more severity crimes (article 394-A of the Criminal Code Procedure), in response to the growing crime rate, contextualizing it with the Theory of Efficiency. The papers uses the public policies’ framework focused on the Criminal Law Procedure. It asserts the approach of the Criminal Procedure Code as a juristic technology. Methodologically, the research analyzes the current stage of the political process to facing crime, that intend to grant greater celerity to the criminal process in which more serious offenses are investigated and if this represents advance in term of criminal policy, considering that no steps was taken to adjust of the procedural rites to answer this proposal of celerity, in a comprehensive manner throughout the Persecution-Criminal System. The Criminal Law Procedure’s approach as a juristic technology presents itself as an innovation and responds the demand for viewing the criminal justice system considering its institutional arrangements.

Spanish Abstract: El trabajo que se presenta tiene dos objetivos fundamentales. El primero, analizar la evolucion legislativa de las conductas constitutivas de blanqueo de capitales desde que fueron incorporadas como tales en 1988 en el Codigo penal. El segundo, analizar algunos de los criterios jurisprudenciales para limitar el ambito de aplicacion del delito de blanqueo contenido en el parrafo primero del art. 301. Cp. La autora aboga por la necesidad de seguir elaborando otros criterios que permitan aplicar el delito de blanqueo sin infringir los principios basicos que regulan nuestro ordenamiento juridico como el de proporcionalidad, non bis in idem, entre otros. English Abstract: This paper has two fundamental objectives. The first one is to analyze the legislative evolution of the constituting conducts of money laundering since they were incorporated as such in 1988 in the Criminal Code. The second one is to analyze some of the jurisprudential criteria to limit the scope of the crime of laundering contained in the first paragraph of art. 301. Cp. The author stand up for the need to continue elaborating other criteria that allow to apply the crime of money laundering without violating the basic principles that regulate our legal system such as proportionality, non bis in idem, among others.

Ukrainian Abstract: Автор піддає критичному аналізу норми кримінального закону в частині осудності суб’єкта злочину, уточнює структуру критеріїв осудності та співвідносить їх зі суб’єктом корупційного злочину. Особлива увага приділяється юридичному та патопсихологічному критерію осудності, як найбільш складній одиниці структури формули осудності. У висновках до статті узагальнюються отримані в ході дослідження результати. Russian Abstract: Автор поддаёт критическому анализу нормы уголовного закона в части вменяемости субъекта преступления, уточняет структуру критериев вменяемости и соотносит их с субъектом коррупционного преступления. Особое внимание уделяется юридическому и патопсихологическому критерию вменяемости, как наиболее сложной единице структуры формулы вменяемости. В выводах к статье обобщаются полученные в ходе исследования результаты. English Abstract: The author critically analyzes the norms of the criminal law in terms of sanity of the subject of the crime, clarifies the structure of the criteria for sanity and correlates them with the subject of the corruption-related offences. Particular attention is paid to legal and pathopsychological criterion of sanity, as the most complex structural unit of the formula of sanity. The conclusions summarize the results obtained in the course of the research.

Could the Province of Ontario have refused to prosecute the new “commodification of sexual activity” criminal offence, as passed by the Federal Government in response to Bedford? That question is the subject of this paper. While there are clear precedents for provincial non-enforcement, those instances of provincial non-enforcement had seemingly been tolerated by a Federal Government ambivalent about its own laws. My position is that the provinces have at least a concurrent constitutional power over the prosecution of criminal law offences and a concomitant power to choose not to prosecute a validly enacted federal law. This position reflects an understanding of the original bargain struck in 1867 that sees the criminal justice powers separated functionally and which provides the opportunity for effective “checks and balances” in the moderation of criminal law. After discussing the delicate balance established by the British North America Act, 1867, the judicial unsettling of this scheme in the early 1980s will be briefly examined and questioned. I argue that the judiciary, for reasons unrelated to the administration of criminal justice, skewed the underlying constitutional design to accommodate other (non-criminal) federal objectives. While this “unbalancing” of the criminal justice powers has likely inhibited provincial exercises of their prosecutorial authority—or at least contributed to the confusion about their operation—a provincial power of non-enforcement remains viable even under Laskin’s “delegated” approach. Several objections to non-enforcement are considered and found unwarranted in light of the overall discretionary nature of criminal prosecution. Properly understood and properly exercised, however, provincial non-enforcement is best understood as harmonious with the constitutional balance struck in 1867 and could continue to offer salutary effects for the administration of criminal law in Canada.

בתחילת 2017 הורשע החייל אלאור אזריה בבית הדין הצבאי המחוזי בהריגת מחבל שתקף חיילים, נורה ונפצע. לפי האישום, אזריה הגיע לאחר המתקפה, סייע לחבר חייל, ובהמשך קרב אל המחבל הפצוע וירה מנשקו כדור אחד בראשו. משפט אזריה הוביל לסערה חסרת תקדים בישראל, מבחינה חברתית ותקשורתית. באמצעות הפרשה מצביע המאמר על פערים גדולים בין עולמות שונים, על נתק בין המשפט הפלילי המהותי הפורמלי לבין המציאות החברתית בישראל. פרשת אזריה מעידה שהמשפט הפלילי, במובנים חשובים, אינו משקף את ערכי החברה במדויק, לאור פערי רזולוציה, פערי פירוט או פערי פוקוס לגבי חשיבותם של פרמטרים בעיני המשפט והחברה. פערים אלו מובילים לאישום שאינו משקף את מעשי הנאשם ולתגובה חברתית שתומכת במי שמעשיו מגבשים את העברה החמורה ביותר בחוק העונשין. הפער הראשון שעליו מצביע המאמר הנו בין דיני העונשין לבין סדר הדין הפלילי. מה שבמידה מובהקת נחשב מבחינת דיני העונשין כרצח זכה לכותרת מתונה של הריגה בהחלטת התביעה הפלילית. החלטה זו קשורה לפער השני שעליו מצביע המאמר, בין המשפט הפלילי המהותי הפורמלי לבין עמדה חברתית רווחת, פער שנובע מהבדלי רזולוציה בין המשפט הפלילי והחברה. פערים אלו עמוקים ומשקפים תפיסות לא-אחידות של עברות ההמתה, של הסייגים לעברה, של מיהות הקרבנות והעבריינים ואפילו של ערכי החיים והשוויון. בעוד המשפט הפורמלי אדיש לגמרי לפרמטרים מסוימים, כזהות העבריין וזהות הקרבן, החברה מתעניינת בהם לעתים יותר מכל. בעוד החברה אדישה למדי לפרמטרים מסוימים, כמו עיתוי הפגיעה בתוקף, המשפט מדקדק בהם בחרדת קודש. הפער לגבי עברות ההמתה מתקשר לפער הנוגע לקרבנות המוגנים משפטית לעומת הקרבנות המוגנים חברתית. ערך השוויון דוחף לומר שכל בני האדם שווים, אך לא כל החיים יקרים לציבור באותה מידה. התולדה של פערי הפוקוס הללו היא התנגשות בין המשפט והחברה. התנגשות זו עשויה להיות קלה או חמורה בהתאם למידת ההזדהות החברתית עם הנאשם והסלידה מקרבנו. פרשת אזריה הובילה את ההתנגשות לשיא, כיאה לזירה הביטחונית שמייצרת ומשקפת תחושות ציבוריות חזקות במיוחד, חיוביות ושליליות, תלוי כלפי מי. התנגשויות כאמור עולות גם בשדה הפלילי "הרגיל", ומתחברות לתפיסה חברתית התומכת בנקמה במקרים רבים, תהא זו נקמה ציבורית מוסדרת ותהא זו נקמה פרטית וספונטנית. בזירה הביטחונית הצמא לנקם רחב, עמוק ועז במיוחד. משפט פלילי שדבק בתפיסת הצדק המשותפת של הקהילה משדר אמינות מוסרית, שבתורה חיונית לשליטה יעילה בפשע ועיצוב נורמות חברתיות דרך כוחות נורמטיביים. דין פלילי שמתנגש באינטואיציות חברתיות פשוטות ובנורמות חברתיות רווחות בדבר צדק מאבד מכוחו המוסרי והאקספרסיבי. פערים גדולים בין החברה והמשפט אינם רצויים אך גם אינם הרי-אסון. הם אפילו הכרחיים בחברה רב-תרבותית ומשתנה. עדיף להכיר בהם ולהתמודד עמם מאשר לעצום עיניים בפניהם ולהמשיך קדימה לתיק הבא. פסק דין המלמד על פער מהותי בין המשפט לחברה חושף אמת כאובה. חשיפה בלתי-נעימה זו מגלמת הזדמנות לשינוי, לאשר מחדש את אופייה המדויק של הנורמה או לאותת על הצורך בשינויה או חידודה. הכרה בחוזקת הפוקוס החברתי היא תנאי להתמודדות אמיתית עמו, חלף הדחקה ורומנטיזציה משפטית ואקדמית של החברה וערכיה. בכוחו של המשפט להשוות מושגית בין אנשים, חיים ועברות, אך לא להשוותם חברתית; בכוחו להעמיד לדין את הנוקמים ולחנון אותם, אך לא לאיין את יצר הנקמה. English Abstract: In 2017, IDF soldier Elor Azaria was found guilty of manslaughter by the District Military Court. He was indicted for killing an injured terrorist by shooting him in the head after his attack was thwarted. The Azaria case sparked an unprecedented public debate in Israel. This article refers on that debate, pointing out major gaps between formal criminal law and social realities. Criminal law, in substantive aspects, does not accurately reflect social values due to gaps regarding the importance of certain parameters. These wide gaps reflect diverse views on manslaughter, victims' and offenders' personalities, and even the values of life and equality. While formal law is indifferent to certain parameters such the identities of the offender and the victim, society finds them crucial. While society is indifferent to certain parameters of self defense, such as the timing of the injury inflicted upon the attacker, the law looks at them as central. A criminal code that adheres to the community's notion of justice expresses moral fiber, which is essential when combatting crime and designing social norms. A criminal law that contradicts social intuitions and prevalent norms loses its moral and expressive power. Though undesired, large gaps between law and society are not disastrous. They are inherent to multicultural and dynamic societies. When a gap is exposed, it reveals painful truth. This unpleasant exposure reflects an opportunity to make a change, to reevaluate or revise the specifics of the norm. Acknowledging the importance of the social focus is crucial to challenging social conceptions, instead of ignoring them in favor of academic and legal romanticism. The law can conceptually equate people, lives, and offenses, but cannot make them socially even.

Unlawful attacks against information systems are everyday reality for large international companies such as Apple or Facebook as well as for SMEs, national information systems and individuals who are more and more often objects of such attacks. This thesis carries out an analysis of the most important legal instruments primarily at the level of the European Union in the field of cybercrime committed by companies and other legal persons. It explores the history of regulation of cybercrime and it especially analysis crimes of illegal access to information systems and illegal system interference governed above all by the Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA. It also looks at corporate criminal liability in this field and at sanctions which can be applied on legal entities according to the EU and Czech regulation for committing unlawful attacks against information systems. At the same time this thesis concerns with the implementation of the Directive on attacks against information systems into the Czech legal framework, i.e. Act No. 40/2009 Coll., the Criminal Code, also it concerns with the regulation of criminal liability of legal persons by Czech Act No. 418/2011 Coll., on Criminal Liability of Legal Entities and their Prosecution, and it critically evaluates these legal instruments.

Pimps exploit, degrade and subordinate women with the sole purpose of making as much money as possible. Canada’s Parliament has enacted two key pieces of legislation to protect the vulnerable women preyed upon by pimps. First, Canada ratified the United Nations (UN) Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. These human trafficking provisions are increasingly used to combat the pernicious evil of pimps and recognize that coerced sex trade work is one of the contemporary forms of slavery. However, they suffer from a lack of definition within the Criminal Code of Canada – particularly the meaning of “exploitation.” This paper seeks to fill in the definitional lacunae and also considers the Constitutional vulnerability of the mandatory minimum sentences imposed upon convicted pimps. Second, Bill C-36, the Protection of Communities and Exploited Persons Act (S.C. 2014, c. 25) came into force on November 6, 2014, as a direct response to the Supreme Court of Canada decision in R. v. Bedford – which struck down key Criminal Code provisions aimed directly at prostitution related offences. These provisions are likewise vulnerable to Constitutional attack. This paper considers those vulnerabilities as well as the far reaching effects of these enactments. Jointly, the human trafficking and prostitution related provisions aimed at stopping pimping capture conduct beyond what many may envision when they turn their minds to exploitation within the sex trade industry.