Search

The article highlights the influence of Christian ideas on the formulation of the purpose of criminal punishments in the Galician-Volhynian state. The influence of Christian principles of justice, repentance and mercy on the development of the legal system of the state, as well as on the evolution of criminal punishments, is considered. It is noted that Christianity brought new moral and legal values, which significantly influenced social relations and the legal system of the Galician-Volhynian state. It is emphasized that Christian ideas influenced the expansion of the understanding of crime not only as a private encroachment, but also as a violation of law and order and a threat to the safety of society. A comprehensive analysis of the system of criminal punishments in the Galician-Volhynian state was carried out, which included fines, confiscation of property, public apologies, physical punishments, expulsion from the community and, in exceptional cases, the death penalty. It was established that criminal punishments played the role of the most common criminal law measure used by the Galician-Volhynian state to combat crime. It is considered to what extent these criminal punishments corresponded to Christian principles and what purpose they pursued. The article emphasizes that the purpose of punishment from a Christian point of view emphasized not only the retribution for the crime, but also the correction of the criminal. It was emphasized that the punishment system included both punitive and educational elements, which corresponded to Christian ideas about mercy and the possibility of repentance. The article shows the influence of a number of European states on the legal system of the Galician-Volhynian state, and the role of the church in the formation and implementation of criminal punishments. It was concluded that the influence of Christian values on the criminal law of the Galician-Volhynian state was significant and comprehensive. This was reflected in the expansion of the concept of crime, the variety of criminal punishments and their compliance with the principles of Christian morality. It is noted that although there was gender inequality in criminal law, Christian ideas, thanks to the active activity of the church, contributed to the humanization of criminal punishments and the gradual development of ideas about equality before the law. In general, the article demonstrates how the ideas of Christianity influenced the formation of the purpose of criminal punishments in the Galician-Volhynian state, emphasizing the importance of moral correction of criminals, restoration of justice and maintenance of social order. [ABSTRACT FROM AUTHOR]

Recent decades have witnessed numerous headline stories about white-collar crimes. These crimes, causing considerable harm to organizations, individuals, and society, warrant closer study. This article describes financial white-collar offenders mostly from a medium or high socioeconomic background who abuse their positions. It presents theoretical explanations for white-collar offending, together with associated psychological, personality, and cognitive traits that impair rational decision-making. Regarding their punishment, doubts have been cast regarding the possibility that even harsh criminal punishment achieves the aim of deterrence for white-collar offenders. This does not mean that offenders should go unpunished, and in certain cases it would even be justified to deal with them severely. It does, however, require more meaningful goals to be set for their punishment, such as maintaining social order, retribution, and, in some cases, possibly rehabilitation through psychological treatment. Therapeutic intervention could be effective in helping white-collar offenders tackle the root causes of their behaviors and in reducing the likelihood of reoffending. [ABSTRACT FROM AUTHOR]

This study addresses the issue of the legal individualisation of criminal punishments for drug trafficking offences provided for in the criminal legislation of the Republic of Moldova. The rationale of the scientific approach lies in the need for a perpetual harmonisation of criminal legislation to the new trends of manifestation of drug trafficking, in order to make the applicable deterrent arsenal more efficient in relation to the various practical situations of committing these crimes. The aim is to re-evaluate the legal criteria for the individualisation of criminal punishments for drug trafficking offences and to assess the degree to which these criteria correspond to the deterrent purpose of the criminal punishments applicable to drug traffickers. Some solutions for a reference law on the harmonization of the punitive regime established for drug trafficking offences in strict accordance with their seriousness were substantiated. Based on the national specificity existing in the Criminal Code of the Republic of Moldova (Republic of Moldova Criminal Code, 2002), it was proposed to create a separate incriminatory framework for trafficking in narcotic substances with narcotic effect, which are new generation drugs not provided for by the 1961 UN Single Convention on Narcotic Drugs (United Nations, 1961) and the 1971 UN Convention on Psychotropic Substances. The ineffectiveness of the quantitative criterion for individualising penalties for trafficking in ethnobotanicals, represented by their quantitative proportions, has also been demonstrated. In this context, the idea of individualisation of criminal punishments for trafficking in ethnobotanicals based on qualitative criteria, which are represented by the risks that these substances pose to the health of consumers, was promoted. [ABSTRACT FROM AUTHOR]

The author discusses the nature and scope of changes introduced to the Code of Petty Offences and the Code of Procedure in Petty Offences Cases by the Act of 2 December 2021. The amendment represents a drastic intervention by the legislator in the current legal framework regarding offences against safety and order in transportation. It foresees significant modifications in the legal and criminal response to these offences, transformations in the characteristics of selected types of prohibited acts, and proposes entirely new types of prohibited acts. The analysis suggests that the guiding principle behind these changes is to increase the degree of punitiveness of petty offences law towards perpetrators of traffic violations. This legislative approach raises concerns about the instrumental use of petty offences law with respect to the perpetrators of these offences. The adopted direction of changes raises suspicions that the legislator has not thoroughly familiarised themselves with the matter covered by their intervention. In any case, it is not grounded in the current state of traffic criminality, or in the analysis of judicial practice. An increase in repressiveness has never directly translated into a reduction in traffic criminality. The latter is a much more complex problem, involving the necessity of multi-faceted references. [ABSTRACT FROM AUTHOR]

Background. In the Russian Federation, correctional and compulsory labor are the most common types of criminal penalties that are not associated with the isolation of convicted persons from society. According to official statistics, over the past five years, almost a quarter of the total number of convicts have been sentenced by courts to these types of punishments. However, law enforcement officers often face organizational and legal difficulties that complicate their activities in carrying out correctional and compulsory labor. As a result, the study of issues of execution of these types of criminal penalties seems relevant both in theoretical and applied aspects. The purpose of the work is to identify the most common problems in the execution of correctional and compulsory labor and to propose effective ways to resolve them. Materials and methods. The article used scientific works on the analyzed issues, materials from judicial practice, official statistics, as well as the results of the author’s research. The methodological basis was the universal dialectical method of cognition. Also, when preparing the article, the following methods were implemented: logical, formal legal, sociological, statistical, expert assessments. Results. In the course of the study, recommendations were proposed aimed at increasing the efficiency of the activities of penal inspections in the execution of correctional and compulsory labor. Conclusion. It is concluded that the main difficulties in the execution of the considered types of punishments lie in the difficulty of finding employment for convicts sentenced to correctional labor and insufficient control over the performance of compulsory labor by convicts. In order to resolve them, it is recommended to make changes and additions to the relevant regulatory legal acts.

The good development of the national criminal legislation and the adaptation to the European Union acquis must be understood on the basis of thorough knowledge of the crimes and the practical tendencies of their commission. Criminal approach perspective of a crime is completed through the lens of legal-criminal analysis, focused on the idea of deciphering and interpreting the objective and subjective signs described by the legislator in the criminal law. The object of study of this article is the crime of robbery criminalized in art. 188 of the Republic of Moldova, in which the author mainly investigates the capacity of the incriminating frame by reporting the factual situations that accompany the tangible element of the robbery. Being animated by the prospect of perfecting the national criminal norms to the national and international practical realities, which mark the seriousness of the criminal acts, the author founded the idea of the "night time" provision as circumstance to aggravate the criminal liability for the crime incriminated in the art. 188 CC of the Republic of Moldova.

The article reveals some of the legal principles of regulating the legal activity of a journalist in modern conditions of martial law. The activities and state of media freedom in Ukraine over the past 11 years have been analyzed. Emphasis is placed on the fact that in modern conditions of martial law, the index of freedom of the press in the state is growing. The authors focused attention on some features of the legal regulation of the legal grounds of journalists’ activities according to the norms of international law and the national legislation of Ukraine; determined the rights and obligations of journalists, guarantees of media activity, specifics of activities of foreign journalists, employees of foreign entities in the field of media working in Ukraine. Attention is focused on certain types of prohibitions regarding interference in the professional activities of journalists under conditions of peace and during a state of war or in places of armed conflicts. The statistics of criminal offenses against the legal activities of journalists and the media during the ten years of the war in Ukraine were analyzed. It is substantiated that legal liability, including criminal liability, has been established for encroachment on the journalist’s life and health, and other actions against him. The current criminal legislation and specific articles of the Criminal Code of Ukraine, which provide for criminal liability for such criminal offenses as obstructing the legitimate professional activity of journalists, threatening, or using violence against a journalist, intentional destruction or damage to a journalist’s property, encroachment on a journalist’s life, taking a journalist as a hostage, were analyzed. Statistical information on the number of registered criminal offenses of this category for the last three years is provided. A criminological description of criminal offenses against the legal activity of a journalist is given. It was concluded that criminal offenses committed against journalists represent a significant public danger, as they encroach on freedom of speech, national security of the state, and violate the foundations of activity in the information sphere. [ABSTRACT FROM AUTHOR]

The United States and the United Kingdom of Great Britain and Northern Ireland have a long history of forming and developing legal protection of the rights of crime victims, which is based on the recognition of state responsibility for the failure to protect society from crime and provision of comprehensive support to crime victims, including compensation, benefits, medical care, social services, support of specialized public organizations. At the same time, the norms of public law regulating state compensation for harm to victims of crime are important. In fact, a study of the leading legal institutions of the United Kingdom of Great Britain and Northern Ireland, which has accumulated positive regulatory and legal experience in ensuring the rights of crime victims and their legal protection, which can be perceived as legislative novelties in the Russian Federation, is indicative. The relevance of the topic is also conditioned by the social significance of the issue of legal protection of the rights of crime victims, as well as the legal reality that has developed in the Russian Federation in the field of legislative regulation of the status of victims of criminal offenses, which directly affects the right to compensation for harm caused to them.

In 2022, another attempt at a comprehensive amendment of the Penal Code was submitted to the Sejm. One of the proposed changes is the elimination of the penalty of 25 years imprisonment and its replacement with a term imprisonment with an extended upper limit from 15 to 30 years. This project is an opportunity to conduct an in-depth analysis of the sentence of 25 years imprisonment, paying particular attention to its advantages and disadvantages. It is also a chance for a comprehensive assessment of long-term imprisonment from the perspective of the function of criminal punishment and the principle of proportionality, which is a new element in Polish literature in this field. The author hypothesizes that neither leaving the penalty of 25 years imprisonment nor extending the term of imprisonment to 30 years is a correct solution from the point of view of the functions and principles of criminal law. Then he tries to prove its validity, using research methods adopted in jurisprudence: formal and dogmatic analysis of legal provisions, as well as a critical review of literature and judgements.The conducted research confirmed the hypothesis. In the author's opinion, long-term imprisonment may be negatively assessed from the perspective of the constitutional principle of proportionality. Instead of announcing postulates that provide for an increase in punitive criminal law by introducing more repressive penalties, it is worth considering taking the opposite actions, aimed at easing penal repression and focusing on effective resocialization. According to the author, the article may be a contribution to a discussion on changes in criminal policy, thus contributing to the development of criminal law and executive criminal law.

The Supreme Court's reversal of Roe v. Wade comes with challenges for pro-life evangelicals. Pro-life evangelicals desire strict abortion laws to protect the unborn. But historically, pro-life evangelicals have rejected the idea of criminal prosecution for women who violate such laws. Pro-abortion advocates contend that evangelicals are logically inconsistent in labeling abortion murder if they do not pursue criminal prosecution for post-abortive women. Also, abortion "abolitionists" within evangelicalism argue that some form of punishment is appropriate if abortion is murder. Abortion abolitionists contend that Scripture's lex talionis principle necessarily requires criminal retribution when life is unjustly taken. There is uncertainty regarding the criminal prosecution of post-abortive women both within and outside evangelical circles. This essay argues that the evangelical conception of retribution establishes normative values that dignify all life, but certain other considerations mean these principles do not necessarily require criminal punishment when laws are broken. Therefore, pro-life evangelicals are logically consistent when they contend for highly restrictive abortion laws while rejecting the notion of criminal punishment for post-abortive women. [ABSTRACT FROM AUTHOR]

the article presents a retrospective analysis of the criminal correctional legislation in the pre-revolutionary and Soviet periods of the Russian state development. It emphasizes that the execution of punishment and the application of corrective measures in various historical periods, being an element of the criminal correctional system, were determined by the relevant time specifics and represented an independent direction of the law enforcement activity. Key measures of the state’s criminal correctional policy were fixed by provisions of the criminal correctional law, since it is the law that is one of the key forms of policy expression. Purpose: based on a retrospective analysis of the Russian penitentiary legislation and relevant scientific publications, to formulate a conclusion about prospects of its development in the modern period and for the current perspective. Methods: a general cognition method – dialectical materialism based on the laws of dialectics; formal logical methods – analysis, synthesis, induction, deduction, abstraction, analogy; general scientific methods – observation, comparison, description, etc.; a private scientific method of historical analogy. Results: the analysis of the development of the Russian penal legislation and law enforcement practice shows that the development of the penal system throughout Russian history is characterized by relevancy, progressive character and responsiveness to changes in the criminal situation in the country. Conclusion: the modern Russian penal system should ensure continuity in the development of penitentiary law with regard to the experience of the formation of correctional (criminal correctional) legislation in relation to new challenges and threats. At the same time, it will be possible to talk about establishing control over it only if key socio-economic contradictions in society are eliminated.

Copyright of Public Security & Public Order / Visuomenes Saugumas ir Viesoji Tvarka is the property of Mykolas Romeris University 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.)

Introduction. They complete and specify the rules for assigning the final penalty for both single crimes and for the totality of crimes and sentences of the prescriptions of Articles 71-72.1 of the Criminal Code, the content of the provisions of which is much broader than the names of the articles themselves. The logical sequence of the presentation of regulatory requirements in these articles is flawed.The method and the basic algorithm for determining the final penalty when adding punishments. The final punishment for two types of plurality - the totality of crimes and sentences – is determined by the rules of Articles 69-72 of the Criminal Code, which establishes: (a) a method for determining the final punishment (absorption, full or partial addition); (b) a basic algorithm for determining the final penalty when adding punishments imposed for individual crimes; (c) differentiated limits of the final punishment.Rules for adding punishments. Article 71 of the Criminal Code details the rules for adding individual punishments, different in appearance: (a) by transferring to a single more severe type of punishment; (b) by their independent execution (thereby - only a complete addition).The proportions by which the replacement is made are chosen arbitrarily, and in some cases, contrary to the intention of the legislator, it is even possible to mitigate the punishment instead of tightening it. There is an obvious need for scientific substantiation of such coefficients, taking into account, at least, the political and social significance of deprivation and restrictions that determine the qualitative indicator of the repressiveness of punishment, their consequences (primarily legal and economic) both for the convict himself and for society, which is the subject of independent research. The legislator has not strictly observed the principle of the arrangement of types of punishments depending on their severity and severity. The problem lies in the fact that all the rules for the application of punishment (sentencing, replacement of punishment with a stricter one, release from serving a sentence) proceed from the presumption of an indisputable and accurate classification of punishments according to their severity. The above fully applies to the provisions of Articles 69-72 of the Criminal Code. Part 2 of Article 71 excludes the first stage of the addition of individual punishments, different in type, namely their transfer (recalculation) to another type of punishment. In such cases, independent execution of the relevant measures is provided. The legislator has avoided developing a set of rules defining the independent execution of punishments imposed by the court without bringing them to a single form. In fact, Part 2 of Article 71 of the Criminal Code presents only some special cases of this type of addition of punishments, but even they suffer from incompleteness.Addition of punishments with their independent execution. It would be preferable to reflect in Part 2 of Article 72 of the Criminal Code all the existing rules for the addition of individual punishments involving the independent execution of the measures-components: (1) additional punishments of different types; (2) basic and additional punishments of different types; (3) basic and additional punishments of the same type; (4) real for the execution of punishment and suspended sentence; real for the execution of punishment and punishment, the execution of which is postponed; two or more sentences with a suspended sentence; sentences with a suspended sentence and with a suspended sentence; (5) basic or additional punishments of the same type, if the characteristics of the repressiveness of the penalties determined by the court are fundamentally different, in particular, the consequences of evasion from serving the sentence.Conclusions. The current rules for adding and determining the final terms (sizes) of punishment are desystematized, fragmentary and do not always correspond to the elementary canons of legislative technique, their very presentation in the Criminal Code is rather chaotic. They do not fully take into account the peculiarities of the construction of the punishment system and its shortcomings, general and special rules for the appointment of punishments and other measures of criminal responsibility.

The research subject is represented by the correlation between provisions for criminal and criminal procedure law in Russian Federation which turns out to be the basis in resolution of the inclusion of certain terms of criminal procedure measures administration into the criminal punishment duration which is enforced toward a defendant during criminal proceedings.The research objective is expected to be a confirmation or a contestation for hypothesis about the existing diversity of calculation methods for criminal punishment duration. Research methodology encompasses both dialectical and formal cognition methods. It is based on a complex and comprehensive analysis and interpretation of statutory acts, legal reasonings of the Constitutional Court and the Supreme Court of Russian Federation as well as on judicial rulings regarding criminal cases and on doctrinal approaches to the current research subject.Main determinations and application field. The research rationale is represented by the following conclusions. Criminal law does not contain the regulation of the inclusion of certain terms of criminal procedure measures administration into the criminal punishment duration which is enforced toward a defendant during criminal proceedings, namely – the restrictions enforced upon the suspect (defendant) with regards to sub-para. 1 para. 6 of the article 105.1 of the Criminal Procedure Code of Russian Federation. Hence, such issue constitutes an evident legal gap in the existing calculation methods for criminal punishment duration. Given the comprehensive analysis conducted with respect to pre-trial restrictions such as house imprisonment and restraining order, as well as examination of final judicial rulings which concern the inclusion of certain terms of criminal procedure measures administration into the criminal punishment duration which is enforced toward a defendant during criminal proceedings, it can be concluded that the existing case law appears to be generally established. At the same time the judiciary apply rather diversified calculation methods for criminal punishment duration, while due to the absence of distinct and precise legislation judicial provisions being therefore bearable and discordant lead to their controversial interpretation. Moreover, in the author’s opinion, the existing practice for the inclusion of certain terms of pre-trial restrictions administration into the criminal punishment duration does not correlate with such principles of law as principles of justice and equality of citizens in the face of law. Pursuant to the conducted legal research it is suggested to introduce adequate changes and amendments to the effectual criminal law and criminal procedure law accordingly.

The development of society and dominant ideas about humanism and human rights require actualization of the legal regulation of various areas of social relations. It also involves the issues of criminal punishment, process and conditions of its execution, and the prison labor of convicts. This article is devoted to the analysis of the Northern Europe states’ experience of penal systems organization and especially conditions of the imprisoned persons’ labor. The issues of convicts’ recruitment goals, mandatory nature of their labor and alternative types of activities, grounds and procedure for remuneration of the work they perform are in the focus. In addition to the “traditional” Scandinavian states (Sweden, Denmark, and Norway), attention is also paid to the experience of Finland, which is close to the above states in many ways. The analysis of foreign practices is carried out in the context of problems existing in the penitentiary system of the Russian Federation. The results and formulated conclusions may be useful for subsequent scientific research, as well as revising Russian legislation and law enforcement practice connected with prison sentences execution and labor administering.

Copyright of Politica y Sociedad is the property of Universidad Complutense de Madrid 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.)

The transition from penalty as the main purpose of punishment to correction of behavior and resocialization of convicted persons in the process of service of punishment requires updating and improvement of the criminalexecutive system of Ukraine, further active development of the probation system in general, and especially penal system. The solution of the existing shortcomings in the sphere of criminal punishment and trial is possible only by means of a consistent system reform based on scientific principles, implemented in practical area, which should be based on the stage-by-stage updating of the existing system to the modern, as transparent and understandable for the public, one of the main tasks of which will be to ensure the observance of human and civil rights. The creation of a scientific foundation for the functioning of such a system is the purpose of this scientific research. According to the set goal, the study uses a combination of both general scientific and special methods and methods of scientific knowledge, the application of which allowed to analyze the range of issues related to the correction and resocialization of convicted persons in a comprehensive manner. The current state of the criminal-executive system of Ukraine now requires updating of theoretical and adapting the legislative base by introducing foreign experience into the Ukrainian system of criminal penalties. Active development requires the system of appointment and execution of alternative punishment. Improving the system should be organized in such a way as to apply punishment to the person who committed the crime, without prejudice to its personality, and on the contrary to promote its full resocialization, which will, as a result, reduce the level of crime. Introduction of modern technologies in the work of bodies and institutions of criminal punishment and probation execution should become one of the key directions of reform implementation

Copyright of Cuestiones Políticas is the property of Revista Cuestiones Politicas 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.)

Copyright of Scientific Annals of the "Stefan cel Mare" Academy of the Ministry of Internal Affairs of the Republic of Moldova / Revista Stiintifica a Academiei Stefan cel Mare is the property of Stefan cel Mare University, Ministry of Internal Affairs of the Republic of Moldova / Ministerul Afe 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.)

The purpose of this research is to (1) analyze the Supreme Court's consideration of victims of the spread of sordid chatter in the Supreme Court's decision Number 574K / PID.SUS / 2018, and (2) analyze the arguments of the Public Prosecutor regarding the offense Article 27 paragraph (1) juncto Article 45 paragraph (1) of the Information and Electronic Transaction Law in decision No. 574K / PID.SUS / 2018. This type of research uses qualitative methods with a normative juridical approach. In this method, secondary data uses the decision of the Mataram District Court Number: 265 / Pid.Sus / 2017 / PN.MTR and the decision of the Supreme Court Number 574 K / Pid.Sus / 2018. Primary data to support this research were obtained from interviews of the Supreme Court of the Republic of Indonesia and the Institute for Criminal Justie Reform. Results and discussion of research (1) The values ​​underlying the Supreme Court in the Supreme Court's decision Number 574K / PID.SUS / 2018 and (2) the Prosecutor's argument The Public Prosecutor related to offense Article 27 paragraph (1) jo Article 45 paragraph (1) of the Information and Electronic Transaction Law in the decision No. 574K / PID.SUS / 2018. Overall it can be concluded that (1) The value underlying the Supreme Court in passing this decision is that the judge tries to apply the benefits of the law. (2) The Public Prosecutor's Arguments in indicting or in prosecution cannot describe the offenses that are charged to the defendant, this is a serious record in the first-level court of the indictment and the demands of the Public Prosecutor are declared unproven on the defendant.

Abstract Background Violence is one of the leading causes of injury and death in the United States. One-way society attempts to eliminate violence is through criminal punishment. Yet, in many contexts, punishment fails to reduce violence and may cause other harms. Current research on violence often suffers from same-source bias which can produce spurious associations. This study assesses the associations of different forms of criminal punishment (monetary sanctions, incarceration, and probation) with violent injuries in two unique datasets. Methods This study examines a unique combination of hospital discharge data and court administrative data, two Minnesota county-level data sources. First, we assess the spatial distribution of the three criminal punishment variables and two violent injury variables, violent injury overall and violent injury in children by county from 2010 to 2014, using Moran’s I statistic and Local Indicators of Spatial Autocorrelation. Then we assess the association of criminal punishment on violent injury and child abuse injury using a two-way fixed effects panel models. Results Child abuse injuries are relatively rare in our data but are significantly concentrated geographically, unlike violent injuries which are more dispersed throughout Minnesota. Incarceration and probation are significantly geographically concentrated in similar regions while monetary sanctions are not geographically concentrated. We find a link between probation loads and violent injury, specifically, with a 1 day increase in per capita probation supervision associated with a 0.044 increase in violent injury incidence per 1000 people. In contrast, monetary sanctions and incarceration loads have little association with either violent injury or child abuse injury incidence. Conclusions Criminal punishment is intended to reduce harm in society, but many argue that it may bring unintended consequences such as violence. This study finds that county-level probation has a modest positive association with county-level violent injury rates, but monetary sanctions and incarceration are less associated with violence injury rates. No measure of criminal punishment was associated with a reduction in violence. This study addresses a gap in previous literature by examining the association of punishment and violence in two unrelated datasets. High rates of criminal punishment and violent injury are both urgent public health emergencies. Further individual-level investigation is needed to assess potential links.

Introduction: the paper analyzes the amendments made by the Decree of the President of the Russian Federation no. 797 of December 14, 2020 to the Decree of the President of the Russian Federation of December 28, 2001 no. 1500 “On commissions for pardon in the territories of constituent entities of the Russian Federation” and the norms of the new Regulation on the procedure for considering petitions for pardon in the Russian Federation. Methods: comparative legal method and method of interpretation of legal norms. Results: having analyzed legal documentation on the activities of the commissions and having considered convicts’ petitions for pardon, we point out the following positive changes: an increase in the rotation period of members of the commissions for pardon; clarification of their analytical and control functions; inclusion of social adaptation in the number of circumstances taken into account when considering the issue of pardon; exclusion of personal data of individuals recommended for pardon by the highest official of a constituent entity of the Russian Federation from publication in the mass media; taking into account the opinions of the victims of the crime. We think that negative changes are those that have created new problems in the form of contradictions with the norms of criminal and penal legislation. These include the possibility of granting pardon to persons serving other criminal law measures, and applying for pardon directly to the commission on pardons, bypassing the administration of institutions and bodies that execute sentences. Conclusion: the current task to expand the practice of granting pardon cannot be solved by adopting a new Regulation on the procedure for considering petitions for pardon in the Russian Federation.

Copyright of Papers: Revista de Sociologia is the property of Universitat Autonoma de Barcelona 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.)

The article deals with the issues related to the study of the practice of execution of criminal penalties without isolation of convicts from society. Special attention is paid to the analysis of problems of definition of malicious evasion from punishment serving. Within the article various points of view of scientists stated in the special literature concerning the legal nature of the studied problem are investigated, activity of criminal and Executive inspections and judicial practice about replacement of an unserved part of punishment by a more severe type of punishment to maliciously evading from serving criminal sentences without isolation of condemned from society is analyzed. The General criteria of malicious evasion from serving of punishment are revealed, the point of view of need of an exception of concept of “malicious evasion” from the criminal and criminal executive legislation is formulated, having left only “evasion from serving of punishment” and to fix in the criminal code signs of this evasion. It is offered to criminalize cases of evasion from punishment serving, as independent structure of crime with purpose of new punishment.

The paper analyzes the content of scientific discourse on the relationship between criminal liability and criminal law measures and proves that the corresponding concepts are not subordinate and interchangeable. Criminal law measures are defined as legal means and normative structures established by law, which the state uses to respond to a crime. Criminal liability is defined as a real phenomenon, a special combination of criminal law measures implemented on the basis of a court sentence. The common feature of criminal liability and criminal law measures is that they can only be applied in case of commission of a crime. In this regard, measures imposed on persons who have committed a socially dangerous act before reaching the age of criminal liability or in a state of insanity should be excluded from the list of measures of a criminal legal nature. The difference between liability and criminal law measures is that liability requires official recognition of a person guilty of committing a crime, while criminal law measures can also be applied in the absence of a decision on guilt, when a person is exempt from criminal liability. Based on this, all criminal law measures are divided into two groups: a) measures applied outside the scope of liability, and b) measures that are part of liability. We give the nomenclature of each of them and identify promising opportunities for their expansion. In particular, the list of criminal law measures may be supplemented with community service, limited paid work, and administrative supervision.

Attitudes toward sexual consent are related to sentencing recommendations for sexual perpetrators in Japan and Canada. However, this tendency may also depend on culture. This study investigated the cultural differences in perceived appropriateness of punishment against sexual crimes as a function of attitudes toward sexual consent in Japan and Korea. Consistent with previous research, the results of the hierarchical regression analysis showed that Japanese participants who perceived sexual consent as important were more likely to perceive punishment as appropriate. However, the opposite pattern was observed among Korean participants. A possible reason for these findings was further discussed. [ABSTRACT FROM AUTHOR]

Copyright of Internal Security is the property of Police Academy in Szczytno 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.)

Copyright of Scientific Annals of the "Stefan cel Mare" Academy of the Ministry of Internal Affairs of the Republic of Moldova / Revista Stiintifica a Academiei Stefan cel Mare is the property of Stefan cel Mare University, Ministry of Internal Affairs of the Republic of Moldova / Ministerul Afe 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.)

Alongside capital punishment, sentences to life without the possibility of parole are one of the most distinctive aspects of the American system of criminal punishment. Unlike the death penalty, though, almost no empirical work has examined the decision to impose life imprisonment. The current study analyzes several years of recent federal sentencing data (FY2010–FY2017) to investigate underlying sources of racial disparity in life without parole sentences. The analysis reveals disparities in who receives life imprisonment, but it finds these differences are attributable mostly to indirect mechanisms built into the federal sentencing system, such as the mode of conviction, mandatory minimums, and guidelines departures. Both Black and Hispanic offenders are more likely to be eligible for life sentences under the federal guidelines, but conditional on being eligible, they are not more likely to receive life sentences. Findings are discussed in relation to ongoing debates over racial inequality and the growing role that life imprisonment plays in American exceptionalism in punishment. [ABSTRACT FROM AUTHOR]

The article deals with the issues related to the study of the practice of execution of criminal penalties without isolation of convicts from society. Special attention is paid to the analysis of problems of definition of malicious evasion from punishment serving. Within the article various points of view of scientists stated in the special literature concerning the legal nature of the studied problem are investigated, activity of criminal and Executive inspections and judicial practice about replacement of an unserved part of punishment by a more severe type of punishment to maliciously evading from serving criminal sentences without isolation of condemned from society is analyzed. The General criteria of malicious evasion from serving of punishment are revealed, the point of view of need of an exception of concept of “malicious evasion” from the criminal and criminal executive legislation is formulated, having left only “evasion from serving of punishment” and to fix in the criminal code signs of this evasion. It is offered to criminalize cases of evasion from punishment serving, as independent structure of crime with purpose of new punishment.

The subject. The article is devoted to the correlation between the level of social welfare and the degree of criminal punishment’s repressiveness.The purpose of the article is to confirm or disprove hypothesis that improving the social welfare increases perceiving harmfulness of criminal punishment with its constant formal measure and stimulates the mitigation of criminal sanctions.The methodology of the study includes general scientific methods (analysis, synthesis, de‐ scription) and sociological approach.The main results and scope of their application. The author proves that society is based on reciprocity, the expression of which is the exchange of certain actions between people. The application of criminal punishment in response to the committed crime can be considered as a special case of social exchange that occurs when the crime is committed. Since crime and punishment are included in the process of social exchange, an equivalent is needed to determine their relation. The equivalent in such an exchange is the time of a human's life. Time of human life as an equivalent in social exchange fits perfectly into the logic of development of modern society, culture of consumption. A person's life time is the time when person is able to consume. The reason for the choice of such a value guide is cultural stereotypes. Time is the most important factor in our due to modern cultural values, time plays a decisive role in the formation of the price of crime. The modern system of criminal justice is focused on taking into account the lost time of human life in the application of punishment.Improving the social welfare increases perceiving harmfulness of criminal punishment with its constant formal measure, this process stimulates the mitigation of criminal sanctions. The slowdown in the deflation of criminal punishment for violent crimes is due to a decrease in the social tolerance to violence, which is determined by the development of culture.Conclusions. The general direction of normal development of society is deflation of criminal punishment, its weakening. The change of living standards naturally affects the severity of criminal punishment and is inversely dependent on it – the higher the quality of life, the less the severity of punishment . The practice of deprivation of liberty is an example. The study of the relationship between the use of deprivation of liberty and murder showed that the more economically developed the state, the more the number of murders correlated with the number of persons deprived of liberty. Although murderers are not the dominant group of prisoners, the more murders, the lower the cost of human life in a particular country, the more often deprivation of liberty is used in that country.

In this article, the author carried out extensive and detailed investigations into other countries’ criminal matters to identify legal norms that criminalize responsibility for facts that affect social relationships about the authenticity of evidence in a judicial process. At the present stage, in accordance with international standards, any judicial process must respect the human dignity of each person. Falsification of evidence brings serious prejudice to the truth in a judicial process and the removal of citizens’ confidence in the work of the law enforcement agencies.

Copyright of Scientific Annals of the "Stefan cel Mare" Academy of the Ministry of Internal Affairs of the Republic of Moldova / Revista Stiintifica a Academiei Stefan cel Mare is the property of Stefan cel Mare University, Ministry of Internal Affairs of the Republic of Moldova / Ministerul Afe 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.)

Summary: People who report greater belief in pure evil (BPE; the tendency to attribute harmdoing to dispositionally sadistic perpetrators) generally punish criminal perpetrators more regardless of mitigating circumstances (e.g., having a brain tumor). What attributional/cognitive processes underlie such punishment? A national sample (final N = 302) read an alleged USA Today article about a mall shooting. We manipulated whether the shooter exhibited a brain tumor and whether the shooter exhibited stereotypically evil traits. Regardless of experimental conditions, individuals who reported greater BPE perceived the shooter's behavior as more internal, intentional, controllable, and blameworthy. These attributional judgments also helped mediate the relationship between BPE and punishment. Ancillary measures demonstrated other potential cognitive biases (overprecision and confirmation bias) in processing information about the shooter/shooting. In sum, people who report greater BPE held the shooter more liable for his actions despite mitigating evidence, and such attributions helped explain the link between BPE and punishment. [ABSTRACT FROM AUTHOR]

Background: Violence is one of the leading causes of injury and death in the United States. One-way society attempts to eliminate violence is through criminal punishment. Yet, in many contexts, punishment fails to reduce violence and may cause other harms. Current research on violence often suffers from same-source bias which can produce spurious associations. This study assesses the associations of different forms of criminal punishment (monetary sanctions, incarceration, and probation) with violent injuries in two unique datasets. Methods: This study examines a unique combination of hospital discharge data and court administrative data, two Minnesota county-level data sources. First, we assess the spatial distribution of the three criminal punishment variables and two violent injury variables, violent injury overall and violent injury in children by county from 2010 to 2014, using Moran's I statistic and Local Indicators of Spatial Autocorrelation. Then we assess the association of criminal punishment on violent injury and child abuse injury using a two-way fixed effects panel models. Results: Child abuse injuries are relatively rare in our data but are significantly concentrated geographically, unlike violent injuries which are more dispersed throughout Minnesota. Incarceration and probation are significantly geographically concentrated in similar regions while monetary sanctions are not geographically concentrated. We find a link between probation loads and violent injury, specifically, with a 1 day increase in per capita probation supervision associated with a 0.044 increase in violent injury incidence per 1000 people. In contrast, monetary sanctions and incarceration loads have little association with either violent injury or child abuse injury incidence. Conclusions: Criminal punishment is intended to reduce harm in society, but many argue that it may bring unintended consequences such as violence. This study finds that county-level probation has a modest positive association with county-level violent injury rates, but monetary sanctions and incarceration are less associated with violence injury rates. No measure of criminal punishment was associated with a reduction in violence. This study addresses a gap in previous literature by examining the association of punishment and violence in two unrelated datasets. High rates of criminal punishment and violent injury are both urgent public health emergencies. Further individual-level investigation is needed to assess potential links. [ABSTRACT FROM AUTHOR]

The research features the prison practice in the monasteries of the Yenisei diocese in the second half of XIX – early XX centuries. The research objective was to study the composition of the prison population in the Orthodox monasteries of the Yenisei diocese and the legal rules governing the status of the epitimizes in the mansions of the region. The work uses the comparative historical method and critical analysis of historical sources, which made it possible to specify the number of those under penance (epitimia) in the monasteries of the diocese, the conditions of their detention, and to highlight the main features of the prison work of the monasteries. The analysis revealed that the penal role of the monasteries had decreased by the beginning of XX century. Eventually, the monasteries of the Yenisei diocese were relieved of this function, which corresponded with the national trends.

The subject. The paper deals with the problem of arbitrariness of criminal punishment in case of replacement of fine with other types of criminal penalties.The purpose of the paper is to identify the criteria to replace the fine to more severe kind of punishment.Methodology. The author uses the methods of analysis and synthesis, as well as dialectic approach. The formal-legal interpretation of the Criminal Codes and of the Russian Federation researches of familiar criminalists is also used.The main results and scope of their application. The arbitrariness of repression as its indicator means the possibility of changing the quality, quantity and (or) intensity of repression depending on the convicted person's compliance with the imposed regime, including the replacement of the assigned measure of state coercion with a more severe one.The author proposes a new version of pt. 5 of art. 46 of the Criminal Code of the Russian Federation. A new model of the consequences of non-payment of a penalty involves the observance of several conditions: 1) every sanctions, including penalty of a fine, should be submitted to the alternative punishment; 2) every sanction, including a penalty of fine and imprisonment, should be submitted to the "intermediate" punishment; 3) selecting the replacement of punishment should be due to unpaid fines and to provide a factual and not a formal toughening of punishment; 4) should establish the possibility of replacing the fine with imprisonment in proportion to the unpaid amount of the fine.The results of research may be used as the basis of correction of the Criminal Code of the Russian Federation and judicial practice. The paper may also inspire new researches concerning replacement of criminal punishment.Conclusions. The current system of replacing the fine does not correspond to the idea of saving repression. The new scheme of replacement of criminal punishment proposed in the paper is less arbitrary.

The composition of water pollution sources according to the Criminal Code of the Russian Federation has been investigated. The greatest vulnerability of the aquatic environment from all components of the ecosystem has been noted. The objective and subjective signs of water pollution according to the Criminal Code of the Russian Federation have been analyzed. Taking into account the analysis of normative legal materials, legal practice, and literature, promising theoretical conclusions and proposals on improving the regulation of criminal liability for water pollution in the Criminal Code of the Russian Federation have been substantiated. Differentiation of criminal responsibility depending on the forms of guilt, providing for pollution of water bodies by not being careful in a separate article of the Criminal Code of the Russian Federation or in certain parts of articles 250-252 of the Criminal Code of the Russian Federation, has been recognized as promising. It has been also proposed to supplement article 250 of the Criminal Code of the Russian Federation, with part four, which should provide for a stricter sanction for water pollution resulting in the death of two or more persons by negligence. The qualification of water pollution, its delimitation from other related offenses have been performed.

The article is devoted to the problem of criminal liability for violation of labor rights. Based on the analysis of statistical data and examples of case law, it is concluded that it is necessary to leave the norms on criminal liability for violations of labor rights in the national legislation. The aim of the research is to establish the need for the criminalization of violation of labor rights. The task of the research is to analyze the statistical data on violations in the field of labor relations and develop proposals for criminal liability of employers for violations of the labor rights of employees. [ABSTRACT FROM AUTHOR]

Copyright of Adab Al-Kufa is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) 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.)

This article argues that to explain American penal exceptionalism, we have to consider America's exceptional levels of punishment together with America's exceptional levels of violence and disorder, while understanding both of these as outcomes of America's distinctive political economy. After specifying the multiple respects in which American penality is a comparative outlier, the article develops a new theorization of modes of penal action that reveals the extent to which the US has come to rely on penal controls rather than other kinds of punishment. This over-reliance on penal controls is viewed as an adaptation to the weakness of non-penal social controls in American communities. These social control deficits are, in turn, attributed to America's ultra-liberal political economy, which is seen as having detrimental effects for the functioning of families and communities, tending to reduce the effectiveness of informal social controls and to generate high levels of neighborhood disorganization and violence. The same political economy limits the capacity of government to respond to these structurally generated problems using the social policy interventions characteristic of more fully developed welfare states. The result is a marked bias toward the use of penal controls. [ABSTRACT FROM AUTHOR]

Copyright of Scientific Annals of the "Stefan cel Mare" Academy of the Ministry of Internal Affairs of the Republic of Moldova / Revista Stiintifica a Academiei Stefan cel Mare is the property of Stefan cel Mare University, Ministry of Internal Affairs of the Republic of Moldova / Ministerul Afe 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.)

Copyright of Revista Espacios is the property of Talleres de Impresos Oma 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.)

The process of determination of criminal punishment includes the application of legal norm to the circumstances of a given criminal offence. In the Republic of Serbia there are four prescribed criteria that the judge has to take into consideration in the process of determination of criminal punishment: prescribed punishment, purpose of punishment, aggravating and mitigating circumstances and the achievement of justness and proportionality between the committed criminal offence and the gravity of the criminal sanction. However, this does not mean that the judges simply mechanically apply the legal norm, but rather that the judges, within their discretionary power, assess given circumstances of specific criminal offence. This involves their intellectual activities, where many human factors are engaged, like their wisdom, intuition, attitudes and beliefs, moral and ethic values etc. Through observing the process of decision-making not as a simple mechanical process, but as a human process, the aim of this paper is to point to some relevant human factors that could affect the court decision. In that sense, we have to be aware that the role of judges is to use their knowledge, experience, intuition and wisdom in order to determine punishment which is just and proportionate to the committed criminal offence and the degree of guilt of the offender. [ABSTRACT FROM AUTHOR]

Copyright of Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores 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.)

Copyright of URVIO - Revista Latinoamericana de Seguridad Ciudadana is the property of FLACSO - Ecuador (Facultad Latinoamericana de Ciencias Sociales) 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.)

RETRACTION:Date of retraction: 13.03.2017Reason for retraction: Duplicate publication in several editions Additional information about the causes of retraction:The article "COURT SENTENCES IN THE ASPECT OF THEOREMS OF VALIDITY, JUSTICE AND CERTAINTY OF BISECTRIXITY", written by Sergey Gennadievich Ol'kov, Doctor of Law, Professor of Surgut State University, is a duplicate publication. Information from public databases allowed the editors of the journal "Actual Problems of Economics and Law" to identify a violation of publication ethics. The article by the said author, containing essentially the same data and conclusions, was published in another publication: Izvestiya Vysshikh Uchebnykh Zavedenii. Ural region. 2015. No. 5. S. 13-19. (http://elibrary.ru/item.asp?id=25717768)Article by S.G. Ol'kov "Judicial verdicts in the light of theorems of truth, justice and certainty of bisectorality", published in the scientific journal "Actual problems of economics and law". 2016. V. 10. No. 2 (38). S. 247-263 is withdrawn with the consent of the author, editor-in-chief and publisher.The Editorial Board of the Journal, when publishing scientific research materials, bases its performance on the rules of publication ethics observed by the Editorial Board members, reviewers and authors. According to these rules, the author shall guarantee that the article is published for the first time and was not previously published or submitted to another journal. From the side of the editor-in-chief and publisher, the author S.G. Ol'kov was pointed out the inadmissibility of such actions and a decision was made to withdraw the article from elibrary.ru and the journal's website.