4,789 results on '"Criminal code"'
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52. Considerations Regarding the Crime of Determining or Facilitating the Suicide
- Author
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Andrada Nour
- Subjects
determining or facilitating of the suicide ,incrimination ,criminal code ,right to life ,Law ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Opposable erga omnes, the right to life is an absolute and intangible right of the human being and is protected by criminal law in the interest of the whole society, including for the purpose of ensuring human coexistence. In other words, the interest of the criminal law is to impose on all citizens the obligation to respect the life of each individual, to respect the human desire to live. Seen as an attempt on the person’s life, the act of determining or facilitating suicide could not remain outside the incrimination in the Criminal Code as a crime. The present paper is a study of this incrimination from the perspective of the defense of the right to life.
- Published
- 2023
53. Christianity and Law in Southeast Asia Today
- Author
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Goh, Daniel P. S., Neo, Jaclyn L., Witte, John, book editor, and Domingo, Rafael, book editor
- Published
- 2024
- Full Text
- View/download PDF
54. The Gender of Canadian Legal and Policy Gender-Based Violence and Immigration Frameworks
- Author
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Tastsoglou, Evangelia, Falconer, Chantelle, Sisic, Mia, Dawson, Myrna, Wilkinson, Lori, Freedman, Jane, editor, Sahraoui, Nina, editor, and Tastsoglou, Evangelia, editor
- Published
- 2022
- Full Text
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55. Requirements of the Istanbul Convention in Domestic Criminal Law and Court Practice
- Author
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Jovanović, Slađana, Vujičić, Nikola, Meškić, Zlatan, Series Editor, Kunda, Ivana, Series Editor, Popović, Dušan V., Series Editor, Omerović, Enis, Series Editor, Baruffi, Maria Caterina, Advisory Editor, Bikić, Enes, Advisory Editor, Cotiga-Raccah, Andra, Advisory Editor, Crnić-Grotić, Vesna, Advisory Editor, Čučković, Bojana, Advisory Editor, Deskoski, Toni, Advisory Editor, Đorđević, Slavko, Advisory Editor, Fabijanić Gagro, Sandra, Advisory Editor, Fröhlich, Mareike, Advisory Editor, Jelić, Ivana, Advisory Editor, Karanikić Mirić, Marija, Advisory Editor, Kmezić, Marko, Advisory Editor, Kowalik-Bańczyk, Krystyna, Advisory Editor, and Rijavec, Vesna, Advisory Editor
- Published
- 2022
- Full Text
- View/download PDF
56. Psychopaths – A 'Tough Nut' of Forensic Psychiatry Practice in the Republic of Croatia
- Author
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Šendula Jengić, Vesna, Grozdanić, Velinka, Hodak, Jelena, Wolfe, Charles T., Editor-in-Chief, Abrams, Marshall, Editorial Board Member, Huneman, Philippe, Editor-in-Chief, Reydon, Thomas A.C., Editor-in-Chief, Malatesti, Luca, editor, McMillan, John, editor, and Šustar, Predrag, editor
- Published
- 2022
- Full Text
- View/download PDF
57. Fight Against Counterfeit Goods Related to IP Infringement: Criminal Perspective and Judiciary Role in Vietnam
- Author
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Van Thang, Hoang, Nguyen, An Thinh, editor, and Hens, Luc, editor
- Published
- 2022
- Full Text
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58. Methodology for Neural Networks Training at Analyzing the Context of Event at Emotions Recognizing
- Author
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Kovtun, Yulia, Cherckesova, Larisa, Revyakina, Elena, Safaryan, Olga, Roshchina, Evgeniya, Porksheyan, Vitaly, Howlett, Robert J., Series Editor, Jain, Lakhmi C., Series Editor, Shamtsyan, Mark, editor, Pasetti, Marco, editor, and Beskopylny, Alexey, editor
- Published
- 2022
- Full Text
- View/download PDF
59. Criminal Acts in the Field of Economic Crime in Banking Operations in Serbia
- Author
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Milan Počuča and Jelena Matijašević
- Subjects
banking operations ,economic crime ,criminal code ,securities ,payment cards ,Law ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
As defined by the law, a bank is a stock company with the head office in the Republic of Serbia, which has a National Bank of Serbia licence for work and which performs deposit and credit activities, and which may also perform other activities according to the law. The number and variety of the forms which may be assumed by economic crime is extremely dynamic and, consequently, complex. This particularly pertains to the forms of economic crime in banking operations, considering the fact that such activities are very important for business and legal operations in national economies. A significant characteristic of current banking operations is the wide application of information and communication technologies, without which no modern business field may be conceived. Taking the primary topic into account, the paper initially treats the definition and the basic features of economic crime and the criminological characteristics of the forms assumed by economic crime in banking operations. This is followed by a focus on the normative aspect of the criminal and legal regulations of the Republic of Serbia in the sphere of norms concerning criminal acts of economic crime in banking operations, whereas the research part of the paper deals with the frequency of criminal acts of economic crime in banking operations when the work of judicial authorities in Serbia is concerned, bearing in mind the criminal proceedings conducted against adult perpetrators. Methodology-wise, the paper is founded on the theoretical analysis of relevant modern stands in theory, the normative, analytical and deductive methodological framework and the basic quantitative data analysis. The primary legislative source consulted in the research section of the paper is the Criminal Code. The reference period analyzed in this section is the 2018-2020 three-year period, and the data which are analyzed are the officially registered data of the Statistical Office of the Republic of Serbia.
- Published
- 2022
60. Immaterial Compensation Not Criminal Losing Lives as an Implementation of Victim Protection
- Author
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Tommy Tommy, Febrian Febrian, Nashriana Nashriana, and Ruben Achmad
- Subjects
compensation ,criminal code ,loss of life ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Immaterial compensation, which encompasses elements such as emotional pain, loss, and psychological suffering, cannot be quantified in monetary terms. However, monetary compensation can still serve as a substitute for these non-material losses. The purpose of immaterial compensation is to provide protection and support to the surviving dependents of the victim, including children, spouses, parents, and other family members. Under the Indonesian Criminal Code (KUHP), crimes involving the taking of life are regulated in Articles 338 to 340, with Article 340 prescribing the most severe penalty—the death sentence—followed by life imprisonment or temporary imprisonment for a maximum of 20 years. In some cases, the provision of compensation by the defendant to the victim's family may result in a reduced sentence or serve as an alternative to the primary punishment. This study employs a qualitative research method, drawing on a range of scientific literature for analysis.
- Published
- 2022
- Full Text
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61. De nuevo sobre la prisión permanente revisable española: el contexto de su nacimiento, la sentencia del Tribunal Constitucional que la avala y el pretendido proyecto de reforma.
- Author
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MARTÍN ARAGÓN, MARÍA DEL MAR
- Subjects
- *
CONSTITUTIONAL courts , *CONSTITUTIONAL law , *POLITICAL parties , *PRISON sentences , *PRISONS , *CRIMINAL codes - Abstract
This paper addresses the new problems arisen after the recent judgement from the Spanish Constitutional Court ratifying revisable permanent prison. We need to bear in mind that Constitutional Law 1/2015 introduces permanent revisable prison for the very first time in the Spanish sentencing system. This sentence faced serious problems of constitutionality that were highlighted by a report made by a group of experts that would serve as a basis for the action of unconstitutionality presented in June the 30th 2015. It has taken six years for the Constitutional Court to solve this action in the sadly predictable sense to consider this penalty as constitutional; nevertheless, three dissenting votes pointed in the opposite direction. This decision has left an open door that certain political parties have decided to take and advantage of, in a punitive turn to extend this revisable permanent prison to new criminal situations. So, this work seeks to analyze the ramifications of this judgement, contributing to the reflection on permanent revisable prison and its escalation, so as the problems that it raises. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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62. THEORETICAL REVIEW OF EXPERIMENTS (POGING) IN THE CRIMINAL CODE.
- Author
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Harahap, Pardamean and Ahmad, Suparji
- Subjects
CRIMINAL codes ,CRIMINAL law ,LIBRARY materials ,ACQUISITION of data - Abstract
Probation Institute regulated in the Criminal Code called poging according to doctrine is a crime that has been started, but has not been completed or is not perfect, the Criminal Code can threaten an act in order to prevent the occurrence of victims. The Problem Formulation is: How is the Criminal Law Review related to Experiments (poging) in Indonesia?, while the Research Method used is Normative Research, which is obtained from documents or library materials. The objective probation theory that the basis for the conviction of probation is because the act has endangered a legal interest, and the subjective theory of probation that the basis for the conviction of probation is the harmful nature of the perpetrator. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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63. ПРО ТАК ЗВАНИЙ "ІМУНІТЕТ КОМБАТАНТА".
- Author
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Навроцький, Вячеслав
- Subjects
MILITARY personnel ,ARMED Forces ,CRIMINAL liability ,CRIMINAL codes ,WAR ,WAR crimes - Abstract
Since the beginning of the full-scale Russian-Ukrainian war, the thesis that the Russian military forces are endowed with "combatant immunity and therefore are not subject to any criminal liability under the Criminal Code of Ukraine, except for war crimes" started to spread out. This article aims to prove the falsity of this thesis and substantiate that such immunity does not exist for the aggressor army's military personnel. The author examines the arguments supporting this statement and refutes the arguments criticizing the denial of "combatant immunity". The author concludes that the "combatant immunity" in Ukrainian criminal law has no legal, social, or moral grounds. The relative prevalence of the corresponding concept, which is actively promoted by many and thus, unfortunately, uncritically perceived, does not indicate its acceptability. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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64. Death Penalty in the National Criminal Code Versus Human Rights
- Author
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Parningotan Malau
- Subjects
Death Penalty ,Criminal Code ,Human Rights ,Islamic law ,KBP1-4860 - Abstract
Pancasila is the basis of the state in Indonesia. Countries have several types of legal rules enforced according to the crime rate of the offender. Mistakes in responding to state law lead to wrong actions. The purpose of this study is to increase legal awareness of the people in Indonesia through preventive action, namely that criminals are expected not to commit crimes because they have received a deterrent effect from punishment. Research method with normative juridical. Data analysis techniques through analysis of electronic journals, e-books and reference searches through Google Scholar. The results of the study show that the types of punishment in Indonesia have different levels according to the treatment of the crime. The heaviest consequence in serving the Death Penalty. On the basis of errors in acts of corruption and other cases. The death penalty can apply to life imprisonment, shot to death based on the judge's decision.
- Published
- 2023
- Full Text
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65. The Politics of Indonesia's New Criminal Code
- Author
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Robert W. Hefner
- Subjects
indonesia ,criminal code ,kuhp ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 ,Religion (General) ,BL1-50 - Published
- 2023
- Full Text
- View/download PDF
66. The Crime of Evading the Enforcement of a Compensatory Measure in the Amendment to the Criminal Code
- Author
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Leszek Wilk
- Subjects
crime ,criminal code ,imprisonment penalty ,law ,Social Sciences - Abstract
The article refers to the issue of the amendment to the Criminal Code, introducing a new crime of evading the enforcement of a compensatory measure ordered by the court. Pursuant to this provision, a person who evades the enforcement of a compensatory measure in the form of an obligation to repair damage or compensation for harm or indemnity for an offense prosecuted by the public indictment, ordered by the court in favor of the injured party or a person closest to him / her, is subjected to the imprisonment penalty. It is therefore worth considering whether the amendment in question is needed, and what the consequences of its introduction may be.
- Published
- 2023
- Full Text
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67. Some Jailed Will Go Free As Justices Study Statute
- Author
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Feuer, Alan
- Subjects
United States. Supreme Court -- Cases ,U.S. Capitol Insurrection, 2021 ,Obstruction of justice -- Cases -- Laws, regulations and rules ,Riots -- Cases ,Company legal issue ,Government regulation ,General interest ,News, opinion and commentary ,Criminal Code - Abstract
Federal judges have agreed to release about 10 defendants who were serving prison terms because of their convictions under an obstruction law. Follow live coverage of the Jan. 6 obstruction [...]
- Published
- 2024
68. Considerations Regarding the Crime of Determining or Facilitating the Suicide.
- Author
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NOUR, Andrada
- Subjects
RIGHT to life (International law) ,SUICIDE ,CRIMINAL law ,CRIMINAL codes ,HUMAN beings ,CRIME - Abstract
Opposable erga omnes, the right to life is an absolute and intangible right of the human being and is protected by criminal law in the interest of the whole society, including for the purpose of ensuring human coexistence. In other words, the interest of the criminal law is to impose on all citizens the obligation to respect the life of each individual, to respect the human desire to live. Seen as an attempt on the person's life, the act of determining or facilitating suicide could not remain outside the incrimination in the Criminal Code as a crime. The present paper is a study of this incrimination from the perspective of the defense of the right to life. [ABSTRACT FROM AUTHOR]
- Published
- 2023
69. How Canadian Law Shapes the Health Care Experiences of Women with Female Genital Mutilation/Cutting/Circumcision and Their Providers: A Disjuncture Between Expectation and Actuality.
- Author
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Jacobson, Danielle, Grace, Daniel, Boddy, Janice, and Einstein, Gillian
- Subjects
- *
REPRODUCTIVE health , *FEMALE genital mutilation , *CRIMINAL codes , *MEDICAL care , *PLASTIC surgery - Abstract
This study explored how the reproductive health care experiences of women with female genital mutilation/cutting/circumcision (FGC) were shaped. We used Institutional Ethnography, a sociological approach which allows for the study of social relations and the coordination of health care. From qualitatively interviewing eight women with FGC, we learned that they felt excluded within the Canadian health care system because they were unable to access reconstructive surgery, which was not covered by Ontario's universal health coverage (Ontario Health Insurance Plan). We then talked with seven obstetricians/gynecologists (OB/GYNs) and learned that while it was legal to perform certain genital (e.g., female genital cosmetic surgery) and reproductive (e.g., elective caesarean section) surgeries commonly requested by Western-born women, it was not legal for them to perform other genital surgeries often requested by immigrant populations (e.g., reinfibulation), nor were these covered by OHIP (e.g., clitoral reconstructive surgery). From participants' comparison of clitoral reconstructive surgery and reinfibulation to female genital cosmetic and gender confirming surgeries, it became clear that the law and policies within the health care system favored surgeries elected by Western adults over those wished for by women with FGC. We found that the law had an impact on the choices that OB/GYNs and the women they treated could make, shaping their respective experiences. This created ethical dilemmas for OB/GYNs and a sense of exclusion from the health care system for women with FGC. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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70. Podstawy odpowiedzialności za przestępczość zorganizowaną na przykładzie wybranych instrumentów części ogólnej kodeksu karnego.
- Author
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Stawarz, Magdalena
- Abstract
Copyright of Legal Studies / Studia Prawnicze is the property of Polish Academy of Sciences, Institute of Legal Studies and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
71. Ostatni referat Edmunda Krzymuskiego w pracach Sekcji Prawa Karnego Materialnego Komisji Kodyfikacyjnej Rzeczypospolitej Polskiej - wybrane zagadnienia.
- Author
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SZCZYGIEŁ, TOMASZ
- Subjects
CRIMINAL codes ,JUSTICE administration ,CRIMINAL law ,MURDER ,SUICIDE ,FETUS ,CRIME - Abstract
The paper presents the course of the discussion of Edmund Krzymuski's essay on crimes against life and health, which took place as part of the Section of Substantive Criminal Law of the Codification Commission of the Republic of Poland in June 24-27, 1920. The article focuses on the main threads of the referent's questionnaire and is devoted i.a., to the crimes of murder, bodily harm, incitement to suicide, or the killing of a fetus. The work highlights both Krzymuski's proposals, as well as different concepts supported by other members of the Section, which were included in the draft criminal code of 1932. That discussion was significant because most of these solutions are still in force today in the Polish legal system. The article also attempts to answer whether the circumstances related to the referent's proposals could have influenced his decision to resign from further work within the Substantive Criminal Law Section of the Codification Commission of the Republic of Poland. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
72. PRIVREMENO ZAMRZAVANJE I ODUZIMANJE KRIPTOVALUTA KAO KORISTI STEČENE KAZNENIM DJELOM - ODABRANA PITANJA.
- Author
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Roksandić, Sunčana, Ivanušić, Kornelija, and Mamić, Krešimir
- Abstract
Copyright of Croatian Annual of Criminal Sciences & Practice / Hrvatski Ljetopis za Kaznene Znanosti i Praksu is the property of Hrvatsko Udruzenje za Kaznene Znanosti i Praksu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
73. Object and objective of evidence forgiveness
- Author
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Komilovich, Nosirjon Khojiev
- Published
- 2022
- Full Text
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74. Preconditions for a lenient type of punishment on parole international experience
- Author
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Z. S. Tolegen and G. S. Dzhumashev
- Subjects
criminal early release ,code ,criminal code ,international experience ,mitigation. ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The article describes the international experience of the type of punishment and restraint for the early release of prisoners. The experience of various world powers is considered. Who practice early release, commutation of sentences in general. International experience with criminal early release shows different practices. Let's consider some of them, and how it is applied or sees its reflection in Kazakhstani practice. They also talk about the prospect of parole, which is the most effective incentive for a convict to positive behavior in places of detention, since it is impossible to achieve correction without encouraging measures. Every convicted person, after sentencing and arriving at the place of serving the sentence, knows when he must be released from places of imprisonment after the expiration of the sentence. At the same time, he knows not only the year, month and day, but even the hours of such release, which is directly provided for by law. Knows the procedure for parole, which allows you to be released much earlier than the end of the sentence established by the court, subject to proper behavior.
- Published
- 2022
- Full Text
- View/download PDF
75. LEGAL CONSIDERATIONS REGARDING THE OFFENSE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL
- Author
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George Octavian NICOLAE
- Subjects
alcohol concentration ,criminal code ,legal presumption ,car accident ,driving on public roads ,Social sciences (General) ,H1-99 - Abstract
Article 336 of the Criminal Code criminalizes the act of driving a vehicle on public roads for which the law provides for the possession of a driving license by a person who, at the time of taking biological samples, has an alcohol content of more than 0.80 g/l pure blood alcohol. In the legal doctrine and in the judicial practice there is a controversy regarding the effects of the legal disposition provided by art. 78 para. 2 of GEO. no. 195/2002, regarding the presumptive establishment of the blood alcohol value. Thus, in a first opinion, it is considered that in order to be able to retain the meeting of the constituent elements of the crime of driving a vehicle under the influence of alcohol, it is necessary to establish beyond any doubt that the perpetrator had a higher blood alcohol level than the established one by the rule of incrimination. In the second opinion, it is appreciated that the provisions provided by art. 78 para. 2 introduces a legal presumption, which establishes that the value of the blood alcohol level at the time of testing is also that at the time of driving on public roads, as a result of the author's violation of the obligation not to consume alcoholic beverages between the time of a car accident and timing of alcohol testing. In this article we will analyze the two opinions present in legal doctrine and judicial practice, as well as the decisions of the High Court of Cassation and Justice and the Constitutional Court in this matter.
- Published
- 2022
76. Liability for white-collar crimes in Ukraine: Theoretical and enforcement issues
- Author
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Oleksandr Dudorov and Dmytro Kamensky
- Subjects
white-collar crime ,market economy ,criminal liability ,criminal code ,decriminalisation ,law-making ,Jurisprudence. Philosophy and theory of law ,K201-487 ,Public law ,K3150 ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Private international law. Conflict of laws ,K7000-7720 ,Law of Europe ,KJ-KKZ ,Law of nations ,KZ2-6785 - Abstract
This paper raises current theoretical and practical issues related to the implementation of a comprehensive mechanism of liability for economic criminal offences in Ukraine. The purpose of this study is to identify the main problem areas in the criminal law security of economic relations and to develop conceptual advice on their elimination. The paper uses a wide range of methodological tools (including comparative, historical, systemic, Aristotelian (dogmatic), modelling), which enabled a comprehensive and critical analysis of the current state and prospects for improving the criminal regulation of economic relations in the country. The results of the study are designed to promote the development of a unified conceptual model of protection of the national economy through criminal law. It is established that the prolonged economic crisis and distortions of market relations continue to adversely affect the state and dynamics of economic crime. The author’s opinion is also argued that since criminal law measures cannot objectively have a positive effect on economic processes, they can be relied on only to eliminate certain adverse consequences of economic activity. The study substantiated that the term “criminal offences against the market economy” in the context denoting the crimes for which responsibility is prescribed by Section VII of the Special Part of the Criminal Code of Ukraine, successfully passes conditional verification for compliance with the name of this structural part of the Criminal Code. Over the past five years, Ukraine’s criminal law policy on combating crimes in the sphere of economic activity has not undergone radical changes. Finally, there are hopes for the active development of legal research to become a reliable foundation for quality law-making to optimise the statutory framework in terms of criminal law response to economic and financial torts
- Published
- 2022
- Full Text
- View/download PDF
77. Privacy and protection of personal data: Criminal law aspect
- Author
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Petrović Dragana B.
- Subjects
information technologies ,internet ,privacy ,personal data protection ,criminal code ,Law of Europe ,KJ-KKZ ,Comparative law. International uniform law ,K520-5582 - Abstract
Currently, across the globe and on different levels, serious debates are held on the possibilities of modern information communication technologies (ICT), including the internet, as well as their undesirable consequences. To an ordinary person, the "new" way of communicating via the internet and mobile phone is at the same time easy, simple, quick, and essential - it has become a fact of their daily lives. Moreover, the modern age purports the internet as one of the critical means of communication. If used "properly", it represents an abundance of information on nearly every topic and entails many opportunities. With a vast and varied amount of collected data, it easily negotiates the acquirement of new learning and the shaping of lifestyle. However, the use of modern technologies which constantly transform, at times even completely changing and automatising nearly all areas of human activity, has its dark, destructive, and devastating side. Within that perspective, life in a network becomes increasingly more susceptible to manipulation and abuse. And the list of abuses is long... from having these technologies abused as a database, to an assault on someone's privacy, stalking, cyber-mobbing, peer violence, sexual harassment and violence, human trafficking, organ trafficking, etc. Thus, a stance is formed - the emergence of new technologies has significantly endangered the right to privacy. In recent years, the right to privacy has been mostly associated with personal data, so, in that regard - when speaking about privacy, it is nearly always done in the context of personal data processing. The right to privacy and personal data protection falls within basic human rights, so, being that it is a fundamental right of man and citizen, the baseline of its protection in our legislation is comprised within, above all, the Constitution, The Law of data protection and The Criminal Code (Art. 146. Unauthorized collection of personal data). As the title suggests, the criminal law aspect of privacy and protection of personal data provided for in Art. 143 of the CC is the focus of this paper. In this context, the author, first of all, embarked on an analysis of the current state of threats to the right to privacy as a prerequisite for action in the direction of its protection. Abandoning the general consideration of this type, the examination is then focused on concretely explaining the meaning and essence of the criminal act - unauthorized collection of personal data, the forms in which it manifests itself, the criminal responsibility and punishment of the person who committed this act. With the statement that this is a dynamically changing reality, some of the key problems and challenges in the application of appropriate mechanisms for the protection of the right to privacy in the Republic of Serbia (with a special emphasis on the year behind us) were highlighted.
- Published
- 2022
78. Legal gap and/or lack of analysis of criminal offenses against the Croatian Armed Forces
- Author
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Ivan Trlin and Dijana Gracin
- Subjects
criminal acts ,armed forces ,croatian armed forces ,analysis ,criminal code ,comparative review ,Military Science - Abstract
Criminal offences committed against the Croatian Armed Forces constitute a special chapter of the Criminal Code, which consists of a total of 23 criminal offences. The specificity of these criminal acts lies in the possible circle of perpetrators and the conditioned state when the acts can be committed – a state of war or of immediate threat. This paper examines the available literature on the subject and analyses in detail the current state of affairs for the relevant chapter of the Criminal Code. The mentioned topic is not represented by other authors of criminal justice topics due to the low representation of the aforementioned criminal acts, as well as the underrepresentation of filed criminal reports concerning criminal offences from Chapter 34 of the Criminal Code of the Republic of Croatia. The paper provides an overview of criminal offences against the armed forces using the examples of Slovenia, Serbia, Hungary, Germany, and the USA. This paper is product of authors’ efforts to investigate the topic and provide core basis for future research.
- Published
- 2022
79. Quackery as a criminal offence
- Author
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Milovanović Dragana
- Subjects
quackery ,professional qualification ,criminal code ,criminal proceeding ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Acquiring appropriate professional qualifications enables one to provide certain medical treatments or other medical services. As the acquisition of material gain is often the motive for committing numerous criminal offenses as prescribed by the Criminal Code of the Republic of Serbia, it is often so with the criminal offense of quackery found in Article 254 of the Criminal Code. The reason for prescribing this act and sanctioning the perpetrator is that undertaking actions that require special education in the field of medicine without having it can cause damage to the health of another person, to a higher or lower degree. However, the sanctions occur regardless of whether in the specific case there was a consequence in the form of damage to or deterioration of the health of another person, as well as in the case when the perpetrator did not obtain material gain by taking specific actions without proper professional qualifications. Despite the fact that are witness to numerous testimonies of victims through the media, who out of ignorance decided to entrust their health to persons without proper qualifications, practice shows that a small number of criminal complaints is received by competent prosecutor's offices in Serbia and that a small number of court proceedings are conducted to prove guilt and the existence of a criminal offense.
- Published
- 2022
- Full Text
- View/download PDF
80. UNDERSTANDING ZINA LAW IN INDONESIA (After the Ratification of the Criminal Code Bill Becomes Law Number 1 of 2023 About the Criminal Code)
- Author
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Rizqi Suprayogi
- Subjects
Adultery ,Grounding the Law ,Criminal Code ,Islamic law ,KBP1-4860 - Abstract
This study aims to find weaknesses in law enforcement related to the problem of adultery in Indonesian laws as well as to provide solutions so that the law can be upheld. This research was made using library research research which in its implementation collected sources of books, laws and the internet. The results of this study indicate that adultery is a public crime that has an impact on the perpetrators, family and society. The act of adultery is contrary to socio-cultural customs and religion. The perpetrators of adultery must be punished according to statutory regulations according to Law Number 1 of 2023 concerning the Criminal Code. Even though there are still weaknesses in the law, customary law can play a role in encouraging the perpetrators of adultery to be entangled in the law. Through the customary wisdom of the community.
- Published
- 2023
- Full Text
- View/download PDF
81. Qualification of fraud and ways to avoid online banking frauds: a study from Uzbekistan and indian perspective
- Author
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Abzalova, Khurshida Mirziyatovna and Singh, Bhupinder
- Published
- 2021
- Full Text
- View/download PDF
82. Problems Of Copyright Protection In The National Legislation Of Uzbekistan.
- Author
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Talipovich, Abdullahodzhaev Gairat, Agzamkhodzhaevna, Utanova Umida, Ҳamdamovich, Inoyatov Kutluzhon, and Yunusovich, Alimov Nodir
- Subjects
COPYRIGHT ,PROPERTY rights ,ADMINISTRATIVE responsibility ,INTELLECTUAL property - Abstract
At this work is discussed the problems arising in the implementation of copyright and its protection. There are civil-legal, administrative-legal, criminal-legal forms of copyright protection. To ensure copyright, the Department of Intellectual Property under the Ministry of Justice of the Republic of Uzbekistan has done significant work in the shortest possible time. [ABSTRACT FROM AUTHOR]
- Published
- 2022
83. THE IMPLEMENTATION OF LAW ENFORCEMENT AGAINST CRIMINAL ACTS OF MOBBING AGAINST PERSONS IS REVIEWED BY ARTICLE 170 PARAGRAPH (2) OF THE CRIMINAL CODE.
- Author
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Prihartono, Siregar, Muhammad Yusuf, Tampubolon, Wahyu Simon, and Risdalina
- Subjects
LAW enforcement ,CRIMINAL codes ,CRIMINAL law ,IMPRISONMENT ,VIOLENCE - Abstract
Copyright of Journal of Social Research is the property of International Journal Labs and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
- View/download PDF
84. Criminal Acts in the Field of Economic Crime in Banking Operations in Serbia.
- Author
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POČUČA, Milan and MATIJAŠEVIĆ, Jelena
- Subjects
ECONOMIC crime ,CRIMINAL act ,BANKING laws ,CRIMINAL procedure ,CRIMINAL codes ,INFORMATION & communication technologies ,DEPOSIT insurance - Abstract
As defined by the law, a bank is a stock company with the head office in the Republic of Serbia, which has a National Bank of Serbia licence for work and which performs deposit and credit activities, and which may also perform other activities according to the law. The number and variety of the forms which may be assumed by economic crime is extremely dynamic and, consequently, complex. This particularly pertains to the forms of economic crime in banking operations, considering the fact that such activities are very important for business and legal operations in national economies. A significant characteristic of current banking operations is the wide application of information and communication technologies, without which no modern business field may be conceived. Taking the primary topic into account, the paper initially treats the definition and the basic features of economic crime and the criminological characteristics of the forms assumed by economic crime in banking operations. This is followed by a focus on the normative aspect of the criminal and legal regulations of the Republic of Serbia in the sphere of norms concerning criminal acts of economic crime in banking operations, whereas the research part of the paper deals with the frequency of criminal acts of economic crime in banking operations when the work of judicial authorities in Serbia is concerned, bearing in mind the criminal proceedings conducted against adult perpetrators. Methodology-wise, the paper is founded on the theoretical analysis of relevant modern stands in theory, the normative, analytical and deductive methodological framework and the basic quantitative data analysis. The primary legislative source consulted in the research section of the paper is the Criminal Code. The reference period analyzed in this section is the 2018-2020 three-year period, and the data which are analyzed are the officially registered data of the Statistical Office of the Republic of Serbia. [ABSTRACT FROM AUTHOR]
- Published
- 2022
85. Study of Legal History: Traces of Setting Crimes Against the President in the Criminal Code.
- Author
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Jatmiko, Bayu Dwi Widdy and Haruni, Catur Wido
- Subjects
LEGAL history ,CRIMINAL codes ,HISTORY of crime ,LEGAL education ,VICE-Presidents - Abstract
The regulation of crimes against state security in Chapter I Book II of the Criminal Code (KUHP), especially regarding crimes against the president (and or vice president) has undergone various interpretation efforts related to its meaning and urgency; hence it is necessary to use a legal history approach. Study the law to understand whether or not the regulations regarding crimes against the president (and or vice president) are relevant in the reform era. This normative juridical research examines the history of the regulation of crimes against the president (and or vice president) in Indonesia, using primary legal materials in the form of the Criminal Code contained in Law (UU) No. 1/1946 in conjunction with Law No. 73/1958 and secondary legal materials in the form of various literature related to the problems studied. By using a statutory approach and a historical approach, an assessment of the legal issues is carried out using the prescriptive analysis method and the content analysis method. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
86. Probation in Slovenia: 'In the Right Direction'.
- Author
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Prelić, Danijela Mrhar
- Subjects
PROBATION ,INFRASTRUCTURE (Economics) ,CRITICAL thinking ,COMMUNITIES ,SYSTEMS development - Abstract
The Slovenian Probation Service was established in 2018 and work is continuing on its infrastructure and systems. This paper provides an overview of the context in which the legislation was prepared and explores from the outset how the new state body was established. The paper describes the reasons for the establishment of the Probation Administration in Slovenia. It provides an overview of the procedures for the recruitment of staff, the sourcing of premises, the development of ICT systems and a range of project activities. The approach to the preparation of guidelines for practice, training procedures, and networking with the wider local community are outlined. The paper concludes with information on the organisational structure, statistics on the number of probation tasks, and based on the momentum of the last few years, some critical reflections on future developments. [ABSTRACT FROM AUTHOR]
- Published
- 2022
87. LEGAL POLICY ON EXHIBITIONISM THROUGH VIDEO CALL-BASED SOCIAL MEDIA REVIEWED FROM THE INFORMATION AND ELECTRONIC TRANSACTIONS (IET) LAW
- Author
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Suarsika, I Komang, Wiratny, Ni Ketut, Sihotang, Erikson, Suarsika, I Komang, Wiratny, Ni Ketut, and Sihotang, Erikson
- Abstract
The advancement of information technology has significantly impacted society, transforming conventional crimes into cybercrimes using computers and the internet. One such example is exhibitionism via video call-based social media. This act is not yet specifically addressed in the Information and Electronic Transactions (IET) Law. Applying Article 27 Paragraph (1) of the IET Law, which deals with indecent acts, does not cover this scenario as it lacks the "known to the public" element, creating a legal gap. Consequently, two issues arise: the legal regulation of exhibitionism in Indonesia and the legal policy considerations for exhibitionism through video call-based social media under the IET Law. This normative research employs legislative, conceptual, and historical approaches, drawing from primary, secondary, and tertiary legal materials collected through library research. The materials are analyzed using descriptive, systematization, construction, argumentation, and evaluation techniques. To address this legal gap, policy reforms in criminal law are necessary. Amending Article 27 Paragraph (1) of the IET Law to include "to another person without the consent or desire of that person" is essential. This amendment would allow the prosecution of exhibitionism via video call-based social media, ensuring legal certainty and protection for victims, particularly women and children.
- Published
- 2024
88. Theoretical and Practical Aspects of the Criminal Offences Committed in the Framework of Employment Relations in the Private Sector from Romania
- Author
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Cîrmaciu, Diana, Hepp, Rolf, Series Editor, Riesinger, Robert, Series Editor, Kergel, David, Series Editor, Heidkamp-Kergel, Birte, Series Editor, Wratny, Jerzy, editor, and Ludera-Ruszel, Agata, editor
- Published
- 2020
- Full Text
- View/download PDF
89. Civil Servant – Active Subject of Service Offenses
- Author
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Costel Cristinel Ghigheci
- Subjects
service offenses ,civil servant ,criminal code ,administration ,Law ,Social Sciences ,Social sciences (General) ,H1-99 - Abstract
The distinct regulation in the Criminal Code of service offenses raised the issue of defining the notion of civil servant in this branch of law. It is unanimously accepted in doctrine and jurisprudence that the notion of civil servant in criminal law is different from that in administrative law, having an autonomous meaning. This is the reason why the legislator defined in art. 175 of the Criminal Code the notion of civil servant used in criminal law, but referring to two categories: that of “proper” civil servants and that of “assimilated” civil servants. In the case of service offenses, only the first category of civil servants, defined in art. 175 paragraph (1) of the Criminal Code, is of interest.
- Published
- 2021
- Full Text
- View/download PDF
90. Ratio legis of Criminalization of the Offence against Religious Feelings (and Blasphemy)
- Author
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Olga Sitarz
- Subjects
violating religious feelings ,blasphemy ,criminalization ,protection ,criminal code ,Law ,Political institutions and public administration (General) ,JF20-2112 - Abstract
This article deals with the criminalization of violating religious feelings is of a scientific and research nature. The scientific problem is to determine the actual ratio legis of the act described in Article 196 of the Polish Criminal Code, which will ultimately allow to assess whether the criminalization decision is right. The author does not share the commonly held views on the protection and justification of the criminality of offending religious feelings. A comparison of crimes that provide for punishment for violating other feelings, as well as violating feelings of a different nature with impunity, allows for the formulation of the thesis that in the case of Article 196 of the Criminal Code it was not religious feelings and their protection that became the reason for the criminalization decision. This reason is the fear of the social consequences of violating religious feelings. Since this behavior is criminalized in most countries around the world, the significance of these scientific findings is of international significance both theoretically and practically.
- Published
- 2021
- Full Text
- View/download PDF
91. Restorative Justice in the New Criminal Code in Indonesia: A Prophetic Legal Study
- Author
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Henny Saida Flora
- Subjects
criminal law ,prophetical law ,criminal code ,Law - Abstract
The existence of Law No. 1 of 2023 concerning the Criminal Code (UU KUHP) as the new Criminal Code (KUHP) in Indonesia seeks to apply the legal ideals of Restorative justice is one of the concepts substantively constructed in the newly ratified Criminal Code. This study aims to analyze the existence and implications of restorative justice after ratifying the Draft Criminal Code (RKHUP) as a law. This research is normative legal research with statutory and conceptual approaches. The results of the study confirm that the existence of the concept of restorative justice from a prophetic law perspective fulfills the three fundamental values of prophetic law, namely: divinity, humanity, and justice. So, that the application of restorative justice in a prophetic law perspective strengthens the substance of the legal state of Indonesia as a nation-state based on the Godhead. Almighty. The implications of restorative justice after the ratification of the RKUHP became the Criminal Code Law in the perspective of prophetic law; that is, the substance of restorative justice has been facilitated in the Criminal Code Law and is spread across various articles. One of the affirmations in the Criminal Code Law is that punishment must not demean human dignity, which means protecting human dignity is God's commandment and a person who ignores the dignity of fellow human beings is a person who transgresses limits. Thus, who can conclude that the substance of restorative justice facilitated in the Criminal Code Act is relevant to prophetic law.
- Published
- 2022
- Full Text
- View/download PDF
92. LEGAL CONSIDERATIONS REGARDING THE OFFENSE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL.
- Author
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NICOLAE, George Octavian
- Subjects
DRUNK driving ,CRIMINAL codes ,DRIVERS' licenses ,BLOOD alcohol analysis ,PRESUMPTIONS (Law) ,TRAFFIC accidents - Abstract
Article 336 of the Criminal Code criminalizes the act of driving a vehicle on public roads for which the law provides for the possession of a driving license by a person who, at the time of taking biological samples, has an alcohol content of more than 0.80 g/l pure blood alcohol. In the legal doctrine and in the judicial practice there is a controversy regarding the effects of the legal disposition provided by art. 78 para. 2 of GEO. no. 195/2002, regarding the presumptive establishment of the blood alcohol value. Thus, in a first opinion, it is considered that in order to be able to retain the meeting of the constituent elements of the crime of driving a vehicle under the influence of alcohol, it is necessary to establish beyond any doubt that the perpetrator had a higher blood alcohol level than the established one by the rule of incrimination. In the second opinion, it is appreciated that the provisions provided by art. 78 para. 2 introduces a legal presumption, which establishes that the value of the blood alcohol level at the time of testing is also that at the time of driving on public roads, as a result of the author's violation of the obligation not to consume alcoholic beverages between the time of a car accident and timing of alcohol testing. In this article we will analyze the two opinions present in legal doctrine and judicial practice, as well as the decisions of the High Court of Cassation and Justice and the Constitutional Court in this matter. [ABSTRACT FROM AUTHOR]
- Published
- 2022
93. САНКЦИОНИСАЊЕ КРИВИЧНОГ ДЕЛА ЛИШЕЊЕ ЖИВОТА У ХАМУРАБИЈЕВОМ ЗАКОНИКУ И КРИВИЧНОМ ЗАКОНИКУ КРАЉЕВИНЕ ЈУГОСЛАВИЈЕ.
- Author
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Јовановић, Александра and Цветковић, Анета Атанасовс&
- Abstract
Copyright of Ohrid School of Law is the property of Institute for Legal & Economic Research & Education Iuridica Prima and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
94. Problem statusu prawnego członków obwodowych komisji wyborczych jako funkcjonariuszy publicznych.
- Author
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Zych, Radosław
- Subjects
PUBLIC officers ,LEGAL norms ,CRIMINAL liability ,CRIMINAL law ,CRIMINAL codes - Abstract
Copyright of Przeglad Sejmowy is the property of Kancelaria Sejmu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
- View/download PDF
95. Evaluation of the Effectiveness of Public Administration Policies in the Development of Stringent Legal Framework: An Analysis of the Criminal Justice System in Indonesia.
- Author
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Anwary, Ichsan
- Subjects
CRIMINAL justice system ,PUBLIC administration ,GOVERNMENT policy ,LEGAL documents ,JUSTICE administration - Abstract
Most of Indonesia's criminal justice system was established during the Dutch colonial era. In response to Indonesia's diverse society's changing requirements and values, the government intends to amend the criminal justice system to improve public administration. This study aimed to examine the efficacy of public administration by analyzing the criminal justice system of Indonesia. The research was normative and utilized legal documents, legislation, government documents, journal articles, and books as resources. The analysis demonstrated that the Indonesian criminal justice system must incorporate national identity and social values. The new Criminal Code includes some elements of the restorative justice system and aims to resolve the shortcomings of the existing law; however, failure to recognize human rights and protect minorities and local communities can impede effective public administration. Following national values, the criminal justice system must uphold human rights, safeguard local communities, and adopt restorative justice practices. The study substantially contributes to the existing literature and provides government and policymakers with actionable recommendations. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
96. PROBLEMATIC ISSUES OF ATTRACTING CRIMINAL RESPONSIBILITY FOR THE CRIMES AGAINST INDUSTRIAL SAFETY.
- Author
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Makarenko, O. Y., Nazymko, Ye. S., Krasnova, Yu. A., Makarenko, N. A., and Doroshenko, V. A.
- Subjects
CRIMINAL liability ,CRIME ,LABOR laws ,PRACTICE of law ,LAW enforcement - Abstract
Purpose. To give recommendations on improving the legal acts to regulate the relevant legal relations in the fi eld of criminalization of encroachments related to violation of labor protection legislation. Methodology. The study on problematic issues of prosecution for violating the requirements of labor protection legislation was carried out through the study and analysis of: legislative base of Ukraine; works of scientists in relevant fi elds; analysis of judicial practice (on the example of analysis of judicial practice in cases considered by courts of general jurisdiction of Dnipropetrovsk region and the Supreme Court for the last 15 years) on bringing persons to justice under Parts 1, 2 of Article 271 of the Criminal code of Ukraine “Violation of requirements of the legislation on labor protection”. Findings. Some problems that arise in the formation of the criminal law practice of prosecuting persons accused of criminal off enses related to violations of labor legislation, which has led to damage to the health of a worker or their death, including inconsistency of criminalization violation of the severity of negative legal consequences for the perpetrators. Originality. The work analyzes the problematic issues of bringing one to justice for violating the requirements of labor protection legislation if this violation has caused harm to the health of the victim or his death. Proposals aimed at amending and improving the current criminal and criminal procedure legislation of Ukraine are substantiated. Practical value. The norms of the responsibility for violation of the legislation on labor protection, judicial practice of the recent years on law enforcement of the corresponding norms are investigated in the work. It is concluded that the current criminal legislation needs to be changed in terms of strengthening the responsibility for the actions provided in Part 2 of Article 271 of the Criminal Code, in the form of increasing the sanction in the form of imprisonment and mandatory application of additional punishment in the form of a ban on holding relevant positions. The results of the study have implications for practicing lawyers, legal advisers and attorneys, lawmakers, and aff ected workers and their families in the event of the death of a worker. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
97. RAD ZA OPĆE DOBRO U PRAKSI SUDOVA - 25 GODINA POSLIJE.
- Author
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Miličević, Goran, Lalić, Petar, and Brkić, Goran
- Abstract
Copyright of Croatian Annual of Criminal Sciences & Practice / Hrvatski Ljetopis za Kaznene Znanosti i Praksu is the property of Hrvatsko Udruzenje za Kaznene Znanosti i Praksu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
- View/download PDF
98. Suicide and Assisted Suicide in Criminal Law and Canon Law
- Author
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Štefan Zeman
- Subjects
criminal law ,canon law ,suicide ,assisted suicide ,euthanasia ,right to life ,human dignity ,european court of human rights ,criminal code ,crime of participation in suicide ,magisterium of the catholic church ,code of canon law ,grave sin ,the slovak republic ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The paper deals with the issue of suicide and assisted suicide, especially its ethical, criminal law and canon law evaluation. In the first chapter, the author explains what needs to be perceived under these terms and how they differ from euthanasia, offers current statistics on suicides in the Slovak Republic and discusses basic types of suicides, evaluates the issue of the right to life from an ethical point of view and criticizes the concept of the “right to death”. He concludes that the possible legalization of assisted suicide and euthanasia would have widespread negative consequences. The second chapter of the paper is based on the constitutional guarantees of the right to life, which is also supported by the international obligations of the Slovak Republic in this area. Subsequently, it offers a criminal analysis of suicide and assisted suicide in the Slovak legal system. In the last, third chapter, the author finally discusses the issue from the perspective of the doctrine, law and practice of the Catholic Church.
- Published
- 2021
- Full Text
- View/download PDF
99. Comparison of Rechterlijk Pardon Concept on 2019 Criminal Code Draft and Article 70 Law Number 11 of 2012 concerning Juvenile Criminal Justice System
- Author
-
Irma Yuliawati
- Subjects
permaafan hakim (rechterlijk pardon) ,juvenile criminal justice system ,criminal code ,Law - Abstract
The formulation of the idea of forgiving judges (rechterlijk pardon) in the Draft Criminal Code is motivated by the rigidity and inhumanity of the current Criminal Code. Which resulted in small cases that were decided criminal, because the current Criminal Code does not accommodate the authority of judges to forgive cases that are considered unfit to be sentenced. This modification of the rechterlijk pardon concept is expected to reflect a sense of justice, benefit within the framework of Pancasila as a source of law for the Indonesian nation. In contrast to the concept of rechterlijk pardon in Article 70 of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System, which has previously applied the concept, to minimize the imposition of crimes against children which should not be based on appropriate retaliation for the crimes committed, because it will be fatal to the physical and physical development of children. To answer the existing problems the author uses a qualitative approach with normative juridical research on the statute approach, conceptual approach and comparative approach. The use of this normative qualitative analysis method is closely related to the problems discussed in comparative approach and conceptual approach, so that it takes the form of descriptive-analytical. The results of this research comparison show that the forgiveness of judges in the Criminal Code Bill needs to categorize the types of minor/moderate/serious crimes and what crimes are forgiven categorized based on the material law itself must also adjust to the implementing rules.
- Published
- 2021
- Full Text
- View/download PDF
100. Classification of Criminal Оffenses according to the Сriminal and Сriminal Procedure Legislation of Germany, Austria, and Switzerland
- Author
-
Anna Serebrennikova and Alexander Trefilov
- Subjects
Germany ,Austria ,Switzerland ,criminal law ,criminal code ,criminal procedural law ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The article is devoted to the questions connected with classification of criminal actions in criminal codes of three states of Romano-Germanic legal family – Germany, Austria and Switzerland. The article notes that the classification of the criminal act originated in the French criminal law and has been adopted in most of the countries belonging to the continental legal family. The Criminal Code of 1810 (Code Penal Imperial) secured a three-member structure of the criminal act: crime – délit – contravention. The German Criminal Code (RGSt) of 1871 divided all criminal acts, depending on their severity into three groups: crime (Verbrechen), offense (Vergehen) and violation (Übertretung). The two-member stricter of the criminal act is adopted in the current CC of Germany, Switzerland and Austria: crime and offense. The author analyzes the criminal legislation and the criminal and procedural legislation of the aforementioned countries with a particular focus on value of division of criminal actions on crimes and offenses for criminal and criminal procedural law of the respective countries.
- Published
- 2022
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