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Social networking and rapid digital evolution have created a brand-new framework of human behaviours and habits. Of course, the majority of them already existed over the centuries but in a different form; as a result, conventional assaults towards legal interests of specific individuals have initially transformed into electronic and then into cyber(-)crimes (p.e. from conventional pornography to internet pornography or cyber/digital pornography including sometimes even virtual pornography via pseudo images and totally AI generated pictures). When discussion comes to gender-based violence, in particular violence against women and domestic violence, we realize that abuses and violations of their fundamental human rights could take place either online or offline; furthermore, both similarities and differences in old and new behaviours, and consequently in crime formations ("actus reus") and in perpetrators' "modus operandi" could easily be found and categorized. This paper will not discover the causes or the elements behind the various digital abuses against women; its first purpose is to gather the various crime behaviours against women and reach some conclusions by a methodically comparative bibliographic and legislative research. Besides, tackling gender-based violence –in particular violence against women and domestic violence- consists one of the main contemporary concerns of every liberal state. CoE's contribution to it –through Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) and Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) but even via ECHR's case law- is indisputable. At the same time, European Union is trying to end gender-based violence through its member states with a new legal instrument (a proposed Directive on combating violence against women and domestic violence), whose results are expected to be more direct and -hopefully- more effective. The main target of this paper is to present and examine the specific form of digital crime against women and girls as long as the majority of crimes nowadays takes place digitally; notwithstanding the fact that pandemic and post pandemic era have definitely determined criminals' modus operandi. At the end of the day, someone has to answer: how Criminal Law faces the new aforementioned behaviours, based on the fundamental theory of legal interest and leading to a justified (extra) standardization? And even more: where does this "plus" in penalties (: aggravation) for behaviours that combine characteristics of digital and gender-based criminality come from? [ABSTRACT FROM AUTHOR]

Understanding the everyday manifestations of systemic racism, cisheteropatriarchy, and unequal justice for oppressed women and femmes necessitates meaningful engagement with critical law enforcement studies—the study of why and how policing and punishment takes place in carceral societies. Anne Gray Fischer's The Streets Belong to Us spells out why sexual policing matters for the history of political development, capitalist growth, and socioeconomic inequality in U.S. cities, like Boston, Atlanta, and Los Angeles. Ultimately, as Fischer's work affirms, urban law enforcement forces have routinely greased the wheels of punitive governance and state violence under the auspices of maintaining control over a contested and shifting social order. [ABSTRACT FROM AUTHOR]

"Whose streets? Our streets!" This special forum centered on The Streets Belong to Us: Sex, Race, and Police Power from Segregation to Gentrification conjures this popular urban protest chant that may (or may not) be familiar to many readers. While the response—"our streets!"—is forceful, it is far from a clear-cut truism or uncomplicated declaration. Herein, Fischer and five interlocutors discuss the historical and spatial complexities regarding who has a right to define, navigate, and regulate urban spaces. They take up the questions—to whom do the streets belong—by considering regimes of police power at the nexus of sex, moral reform, and so-called "troublesome" terrains in three twentieth-century U.S. cities. They also engage how, as Fischer states, law-enforcement practices of sexual policing decriminalized white womanhood while criminalizing Black womanhood, and thereby expanded police authority, racialized gendered state violence, carceral feminism, gentrification, and spatialized racial and economic inequalities. [ABSTRACT FROM AUTHOR]

Introduction: Since the beginning of the COVID-19 pandemic, COVID-19 risk mitigation measures have expanded to include increased rules and surveillance in supportive housing. Yet, in the context of the dual public health emergencies of COVID-19 and the unregulated drug toxicity crisis, we have not evaluated the unintended health and social consequences of such measures, especially on criminalized women. In order to address this dearth of evidence, our aim was to assess the association between increased housing rules and surveillance during COVID-19 and (a) nonfatal overdose, and (b) administration of naloxone for overdose reversal among women sex workers who use drugs in Vancouver, BC. Methods: This study is nested within An Evaluation of Sex Workers Health Access (AESHA), a community-based prospective cohort of women sex workers in Metro Vancouver (2010–present). Using cross-sectional data collected during the first year of COVID-19 (April 2020–2021), we developed separate multivariable logistic regression confounder models to examine the independent associations between experiencing increased housing rules and surveillance during COVID-19 on (a) nonfatal overdose, and (b) administration of naloxone for overdose reversal in the last 6 months. Results: Amongst 166 participants, 10.8% reported experiencing a recent non-fatal overdose and 31.3% recently administered naloxone for overdose reversal. 56.6% reported experiencing increased rules and surveillance within their housing during COVID-19. The prevalence of non-fatal overdose and administering naloxone was significantly elevated among those exposed to increased housing rules and surveillance during COVID-19 versus those who were unexposed (83.3% vs. 52.1%; 75.0% vs. 48.2%, respectively). In separate multivariate confounder models, exposure to increased housing rules and surveillance during COVID-19 was independently associated with increased odds of administering naloxone [AOR: 3.66, CI: 1.63–8.21], and marginally associated with non-fatal overdose [AOR: 3.49, CI: 0.92–13.27]. Conclusion: Efforts to prioritize the right to safe, adequate and affordable housing must avoid reinforcing an overly coercive reliance on surveillance measures which, while often well-intended, can negatively shape residents' well-being. Furthermore, public health responses to pandemics must include criminalized populations so that measures do not exacerbate overdose risk. Implementation of a regulated drug supply is recommended, alongside housing policies that promote residents' rights, safety, and health. [ABSTRACT FROM AUTHOR]

Abstract Introduction Since the beginning of the COVID-19 pandemic, COVID-19 risk mitigation measures have expanded to include increased rules and surveillance in supportive housing. Yet, in the context of the dual public health emergencies of COVID-19 and the unregulated drug toxicity crisis, we have not evaluated the unintended health and social consequences of such measures, especially on criminalized women. In order to address this dearth of evidence, our aim was to assess the association between increased housing rules and surveillance during COVID-19 and (a) nonfatal overdose, and (b) administration of naloxone for overdose reversal among women sex workers who use drugs in Vancouver, BC. Methods This study is nested within An Evaluation of Sex Workers Health Access (AESHA), a community-based prospective cohort of women sex workers in Metro Vancouver (2010–present). Using cross-sectional data collected during the first year of COVID-19 (April 2020–2021), we developed separate multivariable logistic regression confounder models to examine the independent associations between experiencing increased housing rules and surveillance during COVID-19 on (a) nonfatal overdose, and (b) administration of naloxone for overdose reversal in the last 6 months. Results Amongst 166 participants, 10.8% reported experiencing a recent non-fatal overdose and 31.3% recently administered naloxone for overdose reversal. 56.6% reported experiencing increased rules and surveillance within their housing during COVID-19. The prevalence of non-fatal overdose and administering naloxone was significantly elevated among those exposed to increased housing rules and surveillance during COVID-19 versus those who were unexposed (83.3% vs. 52.1%; 75.0% vs. 48.2%, respectively). In separate multivariate confounder models, exposure to increased housing rules and surveillance during COVID-19 was independently associated with increased odds of administering naloxone [AOR: 3.66, CI: 1.63–8.21], and marginally associated with non-fatal overdose [AOR: 3.49, CI: 0.92–13.27]. Conclusion Efforts to prioritize the right to safe, adequate and affordable housing must avoid reinforcing an overly coercive reliance on surveillance measures which, while often well-intended, can negatively shape residents’ well-being. Furthermore, public health responses to pandemics must include criminalized populations so that measures do not exacerbate overdose risk. Implementation of a regulated drug supply is recommended, alongside housing policies that promote residents' rights, safety, and health.

This study aims to describe the internalisation of justice based on Pancasila in the concept of criminalization and analyse the criminal provisions of the exclusive breastfeeding program from the perspective of criminalization based on Pancasila justice. This study is included in normative legal research. The results of the study show that the handling of criminalization must be in accordance with the concept of justice from the Pancasila perspective which contains two main elements, namely proportionality and the principle of kinship to maintain unity. The crime of exclusive breastfeeding programs is related to the denial of obligations carried out by families or corporations to provide time and facilities to support exclusive breastfeeding. Criminal sanctions for actions that do not support the implementation of the exclusive breastfeeding program in the form of imprisonment, fines or additional penalties as regulated in Article 430, Article 447 and Article 448 of Law Number 17 of 2023 are not in accordance with the concept of justice based on the Pancasila perspective because they do not meets the aspect of proportionality and does not reflect the principle of kinship.

The article highlights the issues of expediency of the provision on aiding the aggressor State contained in Article 111-2 of the Criminal Code of Ukraine through the prism of analysis of final court decisions made under this Article. The author identifies various forms of aiding the aggressor state, which are grouped and conditionally named "charitable", "whistleblowing", "resource", "currency", "information", "educational", "official", "entrepreneurial" forms of aiding the aggressor state. The analysis of all the identified forms of aiding the aggressor state shows that each of them primarily falls under one of the forms of collaboration. For example, "educational" aiding and abetting the aggressor state is covered by such a form of collaboration as the implementation of the aggressor state's education standards (Article 111-1, paragraph 3), and "whistleblowing" aiding and abetting, if it is effective, when, as a result of providing information, in particular, about law enforcement officers, military personnel of the armed forces of the Russian Federation have committed ill-treatment of such officers, the actions of the citizen of Ukraine who provided the relevant information should be qualified as an accomplice to the violation of the laws and customs of the armed forces. It is stated that in the most general sense, any of the above forms of aiding the aggressor state is covered by such a form of treason (Article 111) as assisting a foreign state, foreign organization or their representatives in conducting subversive activities against Ukraine. The author points out that the qualification is incomplete when the actions of Ukrainian citizens who were appointed to the relevant positions by the occupation administration of the aggressor State are not subject to a separate criminal law assessment. The author proves that such actions should be qualified under parts 2, 5 or 7 of Article 111-1). As a result, the author concludes that the existence of Article 111-2 in the Criminal Code of Ukraine is an example of ill-considered criminal law policy and excessive criminalization. [ABSTRACT FROM AUTHOR]

The article examines the significance of the State of Ukraine's fulfillment of the negative and positive obligation to ensure proper realization, non-interference and protection of the right to privacy for its criminal law protection. The author emphasizes the importance for each State which is a party to the European Convention on Human Rights to formulate a national criminal law policy around criminalization of socially dangerous encroachments on human privacy in the context of compliance with the provisions of Article 8 of the European Convention. The author reveals the concept and content of the negative and positive obligations of the State in this area. The author analyzes the doctrinal approaches to understanding the significance of the ECHR legal positions formed because of legal interpretation of the provisions of the European Convention as a source of criminal law and criminal law policy of Ukraine. The author develops the position that such legal positions are not a source of criminal law. The author concludes that the provisions of the Convention on ensuring respect for human privacy, as interpreted by the ECtHR in its judgments (whether in respect of Ukraine or any other State party to the Convention), may be recognized as grounds for criminalization in a narrow sense, which does not include penalization. Formation of two main approaches to understanding the "right to respect for private life" provided for in Art. 8, namely, as the state's obligation not to interfere in the private sphere of a person (negative obligation) and as the state's obligation to take active steps to protect this right (positive obligation), actually combines the right to non-interference by the state in the private life of a person and the right to respect, which is realized through the creation of effective mechanisms for the protection of the right to privacy by both state bodies and individuals. Thus, the need to fulfill the negative and positive obligations of the State to comply with Article 8 of the European Convention is a significant factor in the social conditionality of criminal law protection of respect for private and family life in the context. [ABSTRACT FROM AUTHOR]

This paper presents a case study narrative of one woman. Drawing on her storied recollections, from infancy into childhood through young motherhood into adulthood, we trace the interlocking relationship between policies and practices intended to offer welfare support facilitating her criminalization. A collaborative approach to producing knowledge, representing 8 years of narrative, dialogue and reflection surfaces a looming panopticon. The gendered power of the state to intervene across the life course is revealed, as is the failed and harmful nature of this panopticon. Three distinct themes emerge from the analysis: the power to define and the fixing nature of gendered policy and practice narratives; the gendered control strategies that reproduce harms in women's lives; and the lifelong nature of the panopticon for some girls and women. Cutting across these experiences are processes of silencing and ultimately resistance, strategies for surviving the enduring forms of institutional surveillance and intervention. The paper closes with clear implications for the hegemonic trio of social science research and social work and criminal justice policy and practice. We must confront and dismantle our complicity in the silent silencing and gendered harms of the panopticon. [ABSTRACT FROM AUTHOR]

The paper addresses the complexities surrounding the establishment of criminal liability for actions concerning the destruction, illegal extraction, and trafficking of particularly valuable, rare, and protected flora specimens. Official statistics data regarding the frequency of criminal acts committed in the realm of natural resource management and environmental protection are provided, offering a clear depiction of the state of legal protection and conservation efforts concerning flora specimens. To substantiate the rationale behind criminalizing acts pertaining to the destruction, illicit trafficking, and extraction of rare plant and fungi species, the author furnishes specific examples showcasing legislative violations in the realm of flora protection. An analysis of current criminal law, particularly Chapter 26 “Environmental Crimes”, is conducted to evaluate the efficacy of existing measures in safeguarding particularly valuable and rare flora specimens. Upon analyzing judicial statistics data, it has been determined that the current provisions of criminal law concerning the protection of flora specimens (Article 259 of the Criminal Code of the Russian Federation) are ineffective and largely unenforced. To enhance the effectiveness of protecting particularly valuable flora specimens, it is imperative to implement new legal mechanisms aimed at preserving and sustaining Russia's unique biological diversity. The article provides a description of the offense, for which liability is stipulated in Article 260.1 of the Criminal Code of the Russian Federation: “Intentional destruction or damage, as well as illegal extraction, collection, and trafficking of particularly valuable plants and fungi species belonging to those listed in the Red Book of the Russian Federation and/or protected by international treaties of the Russian Federation”. It is especially noted that with the enactment of Article 260.1 of the Criminal Code of the Russian Federation, the legislator has adopted a unified approach to the criminal law protection and preservation of both wildlife and plant species listed in the Red Book of the Russian Federation and/ or protected by international treaties of the Russian Federation. The elements of criminal offenses (as well as sanctions for them), the responsibility for which is established by Article 260.1 of the Criminal Code of the Russian Federation, are constructed by analogy with Article 258.1 of the Criminal Code of the Russian Federation. The conclusion is made about the expediency and necessity of criminalization in domestic legislation of acts related to the extraction and trafficking of especially valuable plants and fungi listed in the Red Book of the Russian Federation. The author makes proposals to improve criminal legislation in the field of establishing liability provided for in Article 260.1 of the Criminal Code of the Russian Federation.

This article aims to analyze several issues of the implementation of the regulation of vaccination in Indonesia, encompassing the issues of the imposition of criminalization following the vaccination refusal, discussion on its objective, and practical challenges that potentially emerge. As qualitative research, this article employed a normative legal approach and social contextualization to comprehend regulations, legal interpretations, and arguments. This article finds that the government has amended the Presidential Regulation No. 99 of 2020 on the Procurement and Implementation of Vaccination to the Presidential Regulation No. 14 of 2021 on the Change of the Presidential Regulation No. 99 of 2020 in dealing with the issue of punishment imposed on those refusing the vaccination. From the perspective of utilitarian humanism, the regulation aims to ensure the success of the vaccination and is expected to result in the herd immunity of society that determines the social welfare in the country. The implementation of the regulation is being criticized on the practical level because it is claimed to raise the likelihood of the violation of human rights and overlook the public trust on account of excessive criminalization. This article argues that support from society is vital in the implementation of the regulation, while a positive campaign over public vaccinations need to be massively urged.

In this paper, we offer a conjunctural analysis of policing and incarceration, examining their expansion in relation to structural economic conditions over the last 50 years and interrogating how the sudden onset of the Covid-19 pandemic enabled extraordinary growth in policing powers in the Australian jurisdictions of New South Wales (NSW) and Victoria (VIC). We examine how popular support for police-led responses to crisis and fines as a common-sense solution to social problems were sought during the period that the Public Health Orders were in effect in the two states. We argue that the discursive project of naturalizing the police-led response to the pandemic—via official communications from the state governments as well as media coverage of the pandemic—attempts to further entrench a vision of law and order governance in which infrastructures of discipline and punishment are necessary and inevitable. We identify this vision as a direct barrier to abolition and a significant limit on the capacity to imagine alternative frameworks for justice. We end by considering a small archive of tweets from users in NSW and VIC published on the social media platform formerly known as Twitter (now called X) in 2020–21. We argue that this archive registers the way the common-sense status of the fine as an efficient, effective, and equitable punishment gives way to punitive fantasies about police and prisons. We read this archive alongside the broad refusal to pay Covid-related fines and the ongoing legal disputes contesting the legitimacy of their issuance, concluding by proposing that the conjunctural moment of the Covid-19 pandemic has given rise to unresolved contradictions between the naturalized logic of law and order crisis management and the potential for this logic to come undone. [ABSTRACT FROM AUTHOR]

In recent decades, violations of children's rights, especially in armed conflicts, have overshadowed the implementation of norms related to this vulnerable groups. Children are exposed to murder, forced conscription, sexual exploitation and other abuses during conflicts. Examples of such violations can be found in Sierra Leone, Congo and Rwanda. Using a descriptive-analytical method, this paper seeks to examine the case-law established in the International Criminal Court regarding the criminalization of child recruitment and how to achieve criminal justice in this trespect. The results of the study show that by convicting Thomas Lubanga of child abuse in armed conflict, the ICC reached a turning point in the fight against impunity for violation of chidren rights. On the other hand, the issue of assigning criminal responsibility to children in the event of a crime during conflicts, especially against the civilian population, is another dimension of the issue that, with the wise leadership of the international judiciary, can put an end to this phenomenon and prosecute its real culprits. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Soochow University Law Edition is the property of Soochow 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.)

Human nature being what it is, individuals engaging in unlawful activity will often seek to avoid having their misconduct detected by law enforcement. This article provides the first legal analysis of what are termed detection avoidance measures, and evaluates whether, and how, they should be subject to criminalization. [ABSTRACT FROM AUTHOR]

The article investigates the role of transnational criminal groups in migration governance. Although this topic has attracted increasing global attention due to the intersection of migration management and crime, academic research remains limited. Most studies tend to view criminal groups merely as threats to migration governance or as peripheral actors. The article advocates for a significant paradigm shift in conventional debate on transnational governance. Rather than merely viewing criminal groups as global challenges for various actors to tackle, we should acknowledge them as pivotal actors influencing these challenges. Based on empirical research on migrant smuggling and human trafficking in the Greece and Libya, the article sheds more light on the complex relationships between these criminal actors, state actors and other key stakeholders in migration governance. It shows how criminal groups not only disrupt but also actively shape migration governance, and may even play a crucial role in the functioning and reproduction of its legal apparatus. In so doing, the article transcends both mainstream perspectives that view crime as a mere challenge to migration governance and critical studies that frame the role of crime in migration governance solely in terms of a state-driven process of ‘criminalization’. [ABSTRACT FROM AUTHOR]

Th is article examines a case in which three fisher men were sentenced for people smuggling after having rescued 99 refugees from their sinking ship near Indonesia. Th e analysis is grounded in the juxtaposition of three different sets of mobility rules-Indonesian migration law, customary law of the sea, and international law for search and rescue at sea. It argues that recent mobility restrictions at the Indonesian state level implemented to deter maritime movements are in violation of longer-standing local and international sets of mobility rules meant to protect lives at sea. Th e findings show a legal precedent that could cause potential non-state rescuers to abandon rescue to avoid state sanctions, while states may enjoy impunity for disregarding international law concerning the rescue of people in distress at sea. [ABSTRACT FROM AUTHOR]

The origin of the criminalization of African Americans is often considered to be the period after the Civil War with the passage of a series of repressive laws called the Black Codes. However, I argue that the progenitor of this criminalization originated over 80 years earlier during the Founding Era, particularly following the British royal governor of Virginia's proclamation in 1775 that promised to free all enslaved people who fought on the side of the British. The Founders feared any actions from the Black population to obtain their freedom and equal rights. Therefore, the Founders criminalized all aspects of their lives which was discussed at federal and state constitutional conventions, codified in the United States Constitution and confirmed at the First Congress of the United States. This was the catalyst for the laws and policies that negatively influence the present-day criminal justice system that disproportionately impacts African Americans. [ABSTRACT FROM AUTHOR]

Domestic violence remains a widely prevalent issue worldwide. International organizations recognize the necessity of improving the legislative framework to prevent domestic violence and protect victims. However, the application of only legislative measures will not change the situation in countries where domestic violence against women is common, based on the patriarchal understanding of women's role in society. This article explores the possibility of applying measures to combat domestic violence at the current stage of Kazakhstan's development. Special attention is given to evaluating the effectiveness of these measures. The purpose of the article is to assess the possibility of using legislative, organizational, educational, informational, and technological measures to combat domestic violence from the perspective of their applicability in Kazakhstan. This study proposes measures to improve the legal system, including legislative and socio-organizational measures, to prevent domestic violence and support victims. [ABSTRACT FROM AUTHOR]

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) 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: Advertising tools used by sex workers for solicitation and client screening have been identified as supporting occupational health and safety (OHS); however, sex work legislation continues to criminalize advertising by third parties. We explored how the criminalization of third-party advertising and online censorship shapes indoor sex workers' access to OHS measures such as client screening, and negotiation of prices and services, in addition to income security. Methods: As part of a community-based study in Vancouver, this analysis drew on 47 interviews (2017–2018) with indoor sex workers and third parties (e.g., managers, receptionists). Interview transcripts were coded by applying a collaboratively- developed framework drawing on structural determinants of OHS to explore multilevel risk and protective factors shaping sex work environments, including access to advertising. Results: Participants' narratives highlighted that most third parties provide support with online advertising on behalf of sex workers; however, criminalization limits potential safety and income security mechanisms. Third parties take on the financial and labour burdens of advertising and screening for indoor workers, particularly for racialized, im/migrant workers who might face language barriers. Sex work laws and online censorship severely restrict communication, and resulting vague advertisements undermine sex workers' OHS by limiting advance screening, and negotiation of prices, services, and use of PPE. Conclusions: Third-party criminalization, coupled with online censorship, hinders advertising, with related harms exacerbated for im/migrant sex workers who would otherwise benefit from the OHS measures offered through advertising. Policy Implications: Legislative reforms to decriminalize all aspects of the sex industry, including sex workers' right to third-party advertising, are urgently needed to increase OHS of sex workers. [ABSTRACT FROM AUTHOR]

Introduction: Regardless of the specific form of regulation, sex industries exist and even thrive around the world. Much of the related social policy debate centers on how to suppress or control the industries, operating from the perspective that commodified sex is minimally risky—potentially harmful to the individuals involved and to society—without considering that there may exist benefits that arise from sexual labor. Methods: This article highlights data gathered from 78 qualitative interviews collected in O'Doherty's (2015) and Bowen's (2018) studies with sex workers. Each research project explored various aspects of providing sexualized labor in partially criminalized environments, including how sex workers perceive the role of sex work in society. Results: Participants rejected representations of their work as primarily deviant, unworthy of legitimacy, or even something to abolish as a manifestation of gender-based violence. Instead, sex workers described various positive contributions of their work to their and their clients' lives, as well as to larger society. Conclusion: Unidimensional characterizations of the commercial sex industry fail to incorporate many facets of sexualized labor, resulting in harmful policies that sustain inequity for sex workers. Policy Implications: Social policies regulating commodified sexual services may need to be reconsidered through a more nuanced lens—one that makes space for the opportunities, benefits, and value that sex workers identify, alongside findings related to challenges and risks associated with sex industry involvement. Implicated policies include criminalization, human and labor rights, sexual rights, and public health education. [ABSTRACT FROM AUTHOR]

With the advent of the Internet information age, the game industry is booming, and online game plug-ins have come into being as cheats. From the definition and classification of online game cheats, it is found that the crimes involved mainly include the crimes of destroying computer information systems, copyright infringement, illegal business operations, and illegal computer intrusion under the Criminal Code of China, as well as the Personal Information Protection Law and the Unfair Prevention Law touched by the Japanese Criminal Law. This paper analyzes the possibility of criminalization and punishment of online game plug-in producers and sellers from three aspects: the main body of the online game market, policy orientation, and legal improvement. Comparing the criminalization and punishment of Chinese and Korean network plug-in users, it is possible to refer to the legal measures in South Korea. [ABSTRACT FROM AUTHOR]

Research documents the ways that policing, incarceration, and deportation influence the health of racialized, poor families in the U.S. However, we lack empirical analysis of the ways that family policing through the child welfare system affects health. In this paper, I review the literature on intersectional harms in carceral institutions to argue that the child welfare system is a social determinant of health. First, I provide a review of the ways carceral institutions target women of color through settler‐colonial logic and the criminalization of race, poverty, and reproduction. Second, I share what is known about carceral effects on health and the mechanisms by which they function: 1. stigma, 2. maternal stressors, and 3. threat. Third, I delve into how these mechanisms manifest within the child welfare system and underscore the importance of examining their adverse health consequences. I conclude with a discussion where I call for more research on the child welfare system as a social determinant of health to understand abolitionist healthcare practices that contribute to dismantling the expanding carceral state. Collectively, these areas of literature illustrate the U.S. child welfare system's role in a broader criminalization process that detrimentally impacts the health of impoverished mothers of color. [ABSTRACT FROM AUTHOR]

Criminal law plays a unique role in protecting environmental rights. Ecocide as an environmental problem is a global problem that has transcended national borders and turned into environmental pollution and regional and global ecosystem problems. The use of criminal law and determining the guarantee of execution, both in the domestic and international dimensions, to protect environmental rights, will have an effective impact on the protection of the global environment. Internationally, environmental rights are defined as the right to have a good environment. However, this concept is developing and a precise definition of the crime of ecocide of material and spiritual elements and what place ecocide has in the definition of the crime has not yet been provided. Governments, groups, and companies with power and wealth, as the main cause of environmental destruction, what restrictions do they create in establishing and passing laws related to ecocide? This article analytically and descriptively shows that criminal behavior in the field of environmental crimes is a very serious issue. These behaviors include illegal activities related to water and air pollution, destruction of natural resources, illegal hunting and wildlife trade, migration developments, smuggling of biological products, and other activities that harm the environment as destruction. In other words, the purpose of this research is to map where ecocide is located under the criminal law offense and provide directions for future research.

The development of juvenile transfer laws, against the backdrop of significant public outrage against a perceived increase in juvenile crime, has generated multiple debates, mostly centred on issues of child-inclusive justice versus crime mitigation and public safety agendas. The resulting legal developments have sought to instrumentalise punitive justice approaches, that facilitate the criminalisation of a sub-group of children (based on age and severity of crime), by articulating a limited and exclusionary conception of vulnerability. To bridge this gap, this article comprehensively evaluates the core assumptions of the juvenile transfer laws in India, through transdisciplinary considerations that integrate legal, rights-based and mental health perspectives, thereby making the analysis relevant to other legal jurisdictions with provisions for juvenile transfer. Alternative approaches to transfer, that adopt a rehabilitative and capacity-based justice orientation to culpability are discussed, to suggest crime prevention approaches cognizant of adolescent psychosocial vulnerabilities, and the need for mitigation of criminality. [ABSTRACT FROM AUTHOR]

This paper examines the multilayered dynamics behind the drivers of overdose deaths, criminal legal-system involvement, and the drug war infiltration of people's everyday lives—especially for people under community supervision. While incarceration receives more media and academic attention because of its particular cruelty, almost twice as many people—3.7 million, or one in every sixty-nine U.S. adults—are under community supervision. Probation and parole are commonly understood as "alternatives to incarceration" or "lenient sentences," but people on supervision must endure constant monitoring, perpetually under the threat of incarceration. Drug war policies and practices have profoundly shaped probation and parole. Regardless of someone's original sentence, abstinence from drugs, drug testing, submission to warrantless searches, and court-ordered treatment are routine features of supervision. The putative goal of community supervision is to ensure successful reintegration; yet drug war surveillance enacts extensive barriers, while not reducing drug use or drug-related harms like overdose. In order to ensure health, financial security, and overall well-being of those under supervision, policymakers, probation and parole officers, clinicians, service providers, and researchers must work to identify and remove barriers to care, including routine drug testing, substandard or forced substance use disorder treatment, and poor-quality services and support. [ABSTRACT FROM AUTHOR]

The advancement of science and technology has spurned an expansion in patent entitlements, particularly evident in the extension of the object, content, and term of these rights. Currently, the world's criminal legislation is in the trend of criminalization, the expansion of patent rights further promotes the criminalization of patent protection and is embodied in the change process of the patent legal system. To comply with the trend of criminalization of patent protection, it is necessary to establish the offense of patent infringement. This is not only an effective way for criminal law to play its role as the ultimate safeguard, but also an important system for encouraging market competition and promoting economic development. [ABSTRACT FROM AUTHOR]

Copyright of Critique of Law: Independent Legal Studies / Krytyka Prawa: Niezalezne Studia nad Prawem is the property of Akademia Leona Kozminskiego 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 essay analyzes the affective and intimate dimensions of the criminalization of solidarity towards migrants. The core argument is that the criminalization of solidarity is a form of governance that acts through affectivity. It is mainly a way of containing migration by trying to govern the emotions of citizens, fostering feelings of hostility and fear while discouraging feelings of solidarity and empathy. The data that will be discussed comes from broader ethnographic research, investigating the affective transformations in solidarity networks supporting migrants. Data collection took place between 2020 and 2021 in Turin and Florence, Italy. It will be shown how, in the everyday life of supporters, the most pervasive forms of criminalization do not come from political discourse, but rather from the people to whom they are most attached (friends, partners, siblings, parents, etc.). This is the intimacy of criminalization. The situated, vernacular, and more socio-psychologically painful form of criminalization. [ABSTRACT FROM AUTHOR]

Prior research highlights how criminalized mothers may be particularly at risk of negative judgements, but little work to date explores how criminalisation, care experience and motherhood may intersect to produce multi-faceted structural disadvantage within both systems of care and punishment. This paper attends to this knowledge gap, drawing on interviews with imprisoned women who have been in care (e.g. foster care or children's homes), care-experienced girls and young women in the community, and professionals who work with them. Key findings include: a desire to break cycles of intergenerational stigma and social care involvement; lack of support and a fear of asking for help, and the care-less approach to pregnancy and motherhood that may be faced in prison and beyond. [ABSTRACT FROM AUTHOR]

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The notion that a false positive (false conviction) is worse than a false negative (false acquittal) is a deep-seated commitment in the theory of criminal law. Its most illustrious formulation, the so-called Blackstone's ratio, affirms that "it is better that ten guilty persons escape than that one innocent suffer". Are people's evaluations of criminal statutes consitent with this tenet of the Western legal tradition? To answer this question, we conducted three experiments (total N = 2492) investigating how people reason about a particular class of offenses—proxy crimes—known to vary in their specificity and sensitivity in predicting actual crime. By manipulating the extent to which proxy crimes convict the innocent and acquit those guilty of a target offense, we uncovered evidence that attitudes toward proxy criminalization depend primarily on its propensity toward false positives, with false negatives exerting a substantially weaker effect. This tendency arose across multiple experimental conditions—whether we matched the rates of false positives and false negatives or their frequencies, whether information was presented visually or numerically, and whether decisions were made under time pressure or after a forced delay—and was unrelated to participants' probability literacy or their professed views on the purpose of criminal punishment. Despite the observed inattentiveness to false negatives, when asked to justify their decisions, participants retrospectively supported their judgments by highlighting the proxy crime's efficacy (or inefficacy) in combating crime. These results reveal a striking inconsistency: people favor criminal policies that protect the rights of the innocent, but report comparable concern for their expediency in fighting crime. [ABSTRACT FROM AUTHOR]

Background: The last two decades have seen a wave of legislative reforms in the regulation of the sex industry in many countries around the world. One particularly controversial reform is known as "End Demand" legislation: laws that criminalize clients of sex workers. Methods: This study explores what predicts public attitudes regarding the impact of end demand legislation, based on an online survey, conducted in January 2020, of 2012 Israeli adults, just after such a law passed in Israel in December 2018. We focus on attitudes regarding the impact of end demand legislation, as correlated with attitudes toward women who sell sex (WSS), men who pay for sex (MPS), and policies related to the sex industry and gender. Results: We found that a majority of the Israeli public had not formed an opinion regarding whether the law would achieve its declared goals as well as regarding its impact. Most of those who held an opinion about the law's impact thought that it would not reduce the selling of sex and that it would negatively impact people involved in the sex industry. We also found greater support of criminalization of WSS among those who supported end demand legislation. Conclusion: The study presents these findings, explores their implications—and specifically the failure of supporters of the law to convince the public of its ability to positively impact WSS —and highlights the public's troubling tendency to link support for the criminalization of MPS with that of the criminalization of WSS. [ABSTRACT FROM AUTHOR]