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Article 20 of the Comprehensive Organic Criminal Code addresses the concept of real competition of infractions, which occurs when the same person commits several autonomous and independent actions that conform to different criminal types. In this case, the sentences are added without exceeding forty years in total. Although the legal text defines this concept, it does not specify how it should be applied procedurally. This lack of clarity has led to the fact that, in practice, these behaviours, although independent, are judged in a single criminal proceeding. Therefore, it is necessary to determine whether this violates due process and whether it is necessary to hold separate trials to guarantee the accused adequate time to exercise his right to defence. This investigation concluded that the actual concurrence of infractions can generate consequences in determining the penalty, since the accumulation of penalties provided for each type of crime is considered. Therefore, in this type of competition, correctly individualising the penalties for each crime the subject commits is essential. [ABSTRACT FROM AUTHOR] more...

The present study focuses on the National Collegiate Athletic Association (NCAA) as a social control agent and the likelihood of the NCAA administering various types of penalties to Division I member institutions that participated in organizational misconduct (e.g., major/Level-I/Level-II infractions) between 2003 to 2015. Six probit regression models were employed in order to examine 4,589 university-year observations and the 148 documented instances of misconduct with subsequent punishments. The present study indicated that engagement in academic violations would increase the likelihood of probation and lead to a reduction in financial aid. Amateurism violations increase the likelihood of receiving probation, a postseason ban, reduction of financial aid, and the vacation of win-loss record. An athletic department's participation in improper financial activities would increase the likelihood of receiving probation, a postseason ban, reduction in financial aid, and the vacation of win-loss record. Partaking in institutional control violations would decrease the likelihood of receiving probation, and increase the likelihood of a postseason ban and show cause penalty. Additionally, team-related violations would increase the likelihood to receive probation and result in a reduction in financial aid. Recruiting violations would increase the likelihood of probation, show cause, recruiting, and lead to reduction in financial aid sanctions. [ABSTRACT FROM AUTHOR] more...

The counseling services is an important part of the University's intervention support program as it conditions the learner to make sense of their issues that are hampering their personal and academic progress. Moreover, the focus of this intervention program which is more of a talk therapy can address different areas of a student's personality which can bring awareness in the issues and challenges that they are not willing to express. Moreover, the intervention is deemed important for students with academic and nonacademic infractions to take time to understand the cause of their behaviors. Valuing their stories and world views; plus, giving importance to their presence can help the client shift their emotions for the better; and to help them strike the balance in their personal, mental, and academic standpoints. This study investigated the students' experiences after their counseling sessions using the service evaluation forms whose process followed a descriptive qualitative approach. The participants are those referred to undergo counseling and talk therapy sessions that is part of the intervention action program of the prefect of discipline department. Using thematic analysis, the resurfacing themes are identified using semantic coding process. Correspondingly, the generated themes reflect how the sessions helped and benefitted the students not as a violator, but more of a valued client in need of emotional support and intervention. [ABSTRACT FROM AUTHOR] more...

Cette étude répond à la question qu’en est-il de la problématique des Causes et Conséquences des infractions en matière du Droit International Humanitaire en republique démocratique du Congo par le gouvernement de la republique ? La présente étude cherche à élucider la portée réelle des causes et conséquences des infractions vis-à-vis du droit de la guerre et de la notion de protection des droits humains et des personnes marginalisées en temps de conflits armés en republique démocratique du Congo. En réponse à ces préoccupations, la présente étude soutient que l’état congolais gagnerait en crédibilité s’il applique de bonne foi, les traités et conventions auxquels il souscrits librement. En s’appuyant sur les institutions nationales pour les droits de l’homme, il éviterait de prêter le flanc aux enjeux géopolitiques et stratégiques de l’interventionnisme des grandes puissances occidentales. more...

Introduction: The present research aimed to compare the psychological profile of university students with and without a disciplinary record. Materials and Methods: The statistical populations of this descriptive and causal-comparative study, included all Ferdowsi University of Mashhad undergraduates with a verdict issued by the university committee on discipline in the academic years of 2018-2019 and 2019-2020 and all undergraduates with no disciplinary record in the same academic year. A sample of 200 undergraduates was selected from each population with the purposive sampling method. Both groups responded to the General Health Questionnaire (GHQ-28) and NEO Five-Factor Inventory (NEO-FFI). Descriptive and inferential statistics were used to analyze the data. Results: The results showed significant differences in depression (P= 0.001), anxiety (P= 0.006), and overall mental health scores (P= 0.01) between two groups. Similarly, significant differences were found in neuroticism (P= 0.001), openness to experience (P= 0.001), agreeableness (P= 0.001), and conscientiousness (P= 0.001). Students with a disciplinary record showed more psychological problems than those without a disciplinary record. Moreover, they had higher scores for negative traits and lower scores for positive traits. Conclusion: Based on these findings, students with disciplinary records may have some special personality problems and need more psychological help. Also, these findings can contribute to developing disciplinary rules to prevent student infractions. [ABSTRACT FROM AUTHOR] more...

Copyright of Journal of Economic Administrative & Legal Sciences is the property of Arab Journal of Sciences & Research Publishing (AJSRP) 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.) more...

Internal surveillance systems have long been used by prisons to combat misbehavior. Yet, limited research has focused on cameras' preventive potential, failing to examine their utility in investigations. Using comparative interrupted time-series analyses and synthetic control methods, this study evaluates the impact of upgrading a surveillance system in a prison's housing unit on total infractions and infractions resulting in guilty dispositions. Upgrades were two-phased, allowing us to examine the differential effects of replacing outdated cameras versus installing new cameras. One comparison unit came from the same facility as the treatment unit, while the other was synthetically generated from units in other prisons. We found limited evidence that the interventions reduced infractions, though there was a stronger link between the interventions and an increase in guilty dispositions, particularly from the installation of new cameras to reduce blind spots. We discuss the implications of these findings for policy and research. [ABSTRACT FROM AUTHOR] more...

Public Sector Performance has been a contemporary discourse among researchers in Nigeria. Despite the formidable regulatory and institutional frameworks put in place to strengthen public sector finance management in Nigeria, the domain continues to struggle with huge financial management infractions that are not in tune with the norms as well as international best practices thereby resulting to performance failure. The main objective of this study was to investigate the influence of Integrated Financial Management information System (IFMIS) on performance of government entities’ in Nigeria. The research design deployed was descriptive and inferential mixed research design using a purposive sampling technique. The study population was 1504 comprises of selected top and middle level pool officers in the Accountant-General for the Federation office on grade level 13 to 17. The study’s primary data source sample size was 306 using Krejcie and Morgan, (1970) while the interview sample size was also 3 (three). Primary data was collected using questionnaire and interview while Partial Least Square was used to analyse the quantitative data and Thematic/NVIVO was used to analyse the Qualitative data. Finding from the quantitative analysis shows that a positive statistically significant relationship exist between the two variables as the path model coefficient results indicates that IFMIS is significantly related to both financial (β = 0.466; p< 0.05) and non-financial performance of government entities’ with (β = 0.490; p< 0.001). Finding from the qualitative analysis corroborated with the quantitative findings, its results however, indicates existence of various challenges ranging from infrastructures deficient as well as capacity building issues for IFMIS operators; The study therefore concludes that IFMIS significantly influence both financial and non- financial performance of government entities with limitations of various challenges. The study recommends therefore, that government should endeavour to provide strong Information Technology (IT) infrastructure and the right capacity building of the operators as it is expected to increase the level of performance in entities’, and assist in providing more meaningful information for decision making process. more...

Purpose: The purpose of this article is to analyze the main infractions committed by independent auditors in the sphere of the Brazilian Securities and Exchange Commission from 2010 to 2020. Methodology: The study is characterized as descriptive and documentary with a qualiquantitative approach. Information from administrative sanctioning processes judged by CVM in the period 2010 to 2020 was used to identify characteristics such as the profile of the accused and the penalties applied, which were submitted to correlation analysis to verify if there is any direct relationship of these variables with the infractions committed. Results: The study points out that among the most recurrent infractions are "Absence of planning and audit procedures that lead to divergences in the independent auditor's report" and "Irregularities in the External Quality Review Program", which represent 39.47% and 34, 21% of the analyzed sample, respectively. In the correlation analysis, it was identified that the occurrence of infraction "b" is linked with the "repeat infractions" charges and the "temporary suspension" penalty. In addition, it was evident that the increase of "repeat infractions" charges are mainly linked to the increase of defendants classified as "non Big Four". Contributions of the Study: The results of the study show users of financial statements the motivation for filling lawsuits against independent auditors with the CVM and the infractions they committed with the aim of contributing to the improvement of compliance with auditing standards and procedures by revealing the most recurrent infractions under different methodologies and periods. It also presents the degree of correlation between the infraction committed, the profile of the accused (segregating into Big Four and not Big Four) and the penalty applied. [ABSTRACT FROM AUTHOR] more...

Copyright of Studii şi Cercetări de Onomastică şi Lexicologie is the property of University of Craiova, Faculty of Letters 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.) more...

This paper aims to determine: i) the administrative capacity of the European Central Bank as Supervisor and the Bank of Spain as Competent National Authority, regarding the supervision of Spanish credit institutions, namely in terms of imposition of sanctions according to the legal system; and ii) the effectiveness of the sanctioning regime within the Single Supervisory Mechanism. The methodological approach is based on the description and interpretation of provided data. The findings show that the action of the Supervisor is supported by a coherent framework for compliance with the sanctioning regime at the national and EU level, according to the data on sanctions to banks due to serious or very serious failures from 2018 and to date as published in the website of the Bank of Spain. However, the fact that such sanctioning function is shared with the European Central Bank within the procedures of the Single Supervisory Mechanism could increase the management risk, as a permanent flow of information and collaboration between both supervisors is required in order to guarantee the suitability of the applied procedure as well as the due right to defence of the banks against unfavourable decisions (if so), always seeking balance, equity and justice principles. [ABSTRACT FROM AUTHOR] more...

In-prison offending and victimization threaten the safety of incarcerated individuals and staff, which makes it an important topic for correctional research. Prior research has generated substantial knowledge about individual and environmental characteristics that heighten the risk of in-prison offending and victimization. The victim-offender overlap and the situational dynamics of incidents, however, are still under-researched. This essay proposes that the study of in-prison offending and victimization would benefit from adoption of an incident-level approach. This recognizes that incidents can escalate and de-escalate depending on persons involved and their (re)actions, and that victimization and offending are often linked. It is discussed how criminological theories and methods on crime and victimization outside prisons can be adapted for this purpose. [ABSTRACT FROM AUTHOR] more...

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House 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.) more...

Copyright of Bucharest University Annals - Law Series is the property of CH Beck Publishing House 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.) more...

Copyright of O Social em Questão is the property of Faculdades Catolicas - Pontificia Universidade Catolica do Rio de Janeiro 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.) more...

The aim of this study was to analyze the perception of students of the severity of infractions committed by independent auditing firms and their applicable penalties. This study also analyzes whether there is a difference in the severity of infractions and in the severity of punishments between the "big four" auditing companies and medium-sized Brazilian companies, according to the perception of these students. In general, the results showed that (1) infractions considered to be serious did not necessarily receive equivalent punishment, (2) the audit students saw no difference in the assessment of the seriousness of the infractions committed according to the size of the audit firm, and that the punishments should also not be different, (3) the issues related to the general aspects were perceived with greater penalties than the questions related to the audit opinion. This study is important since it presents an analysis of the perceptions of accounting students, showing an overall view of what future accounting professionals think about possible infractions committed by independent auditing firms and their applicable penalties. [ABSTRACT FROM AUTHOR] more...

Este estudo tem como objetivo proporcionar uma reflexão sobre as percepções dos educadores a respeito do processo de ensino aprendizagem dos adolescentes indígenas Guarani Kaiowá, que cumprem medida socioeducativa de internação no interior de Mato Grosso do Sul – Brasil. Esses adolescentes, por cometerem atos infracionais, ficam internados na instituição por tempo indeterminado. Em muitos casos até 3 anos, que é o máximo permitido. Eles participam de aulas na instituição. Este estudo é parte de um projeto de doutorado em Psicologia da Saúde2. Partimos do pressuposto de que os adolescentes indígenas internados na Unidade Educacional de Internação (UNEI)passam despercebidos por muitos operadores do sistema, que desconhecemounegligenciam sua cultura, seus costumes e seus direitos. Se constatou que um dos principais dificultador da aprendizagem está relacionado com o uso do dialeto indígena guarani. Busca-se com esse estudo respostas que possam contribuir para a não violação de direitos desses adolescentes, bem como, posteriormente, subsidiar a criação de políticas públicas educacionais que atendam, de modo mais específico, os adolescentes indígenas autores de atos infracionais que cumprem medida socioeducativa de internação e se encontram invisíveis nas estatísticas digitais e à margem das políticas públicas. more...

Copyright of Dados - Revista de Ciências Sociais is the property of DADOS 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.) more...

Brought to maturity, the labor criminal law represents a real branch of the criminal law, as well as the business criminal law, fiscal criminal law or the environment criminal law. Notwithstanding labor criminal law cannot be considered merely as an accessory part of the corporate criminal law, but having an essential part such as an exhibit test, in order to determine new legal mechanisms, such as the ones regarding criminal liability of the legal persons. In the Romanian legislation, the labor criminal law, as an interference zone between the criminal law and labor law, has to be regarded from the internal social realities governing the labor aspects, as well from the comparative law's point of view. more...

O presente artigo discute o modo como os adolescentes significam suas práticas de vida e se subjetivam a partir dos contextos da família, da justiça e da medida sócio-educativa de internação, em decorrência de ato infracional cometido. Intenta, assim, questionar a forma como a sociedade e as instituições envolvidas têm tratado a questão. Para tanto, foram realizadas entrevistas com adolescentes considerados autores de atos infracionais que cumpriam a medida de internação na cidade de Porto Alegre, e foi feita a leitura e analisados os conteúdos dos respectivos processos judiciais de execução.This paper discusses the way adolescents internalize their life practices and how they recognize and build an image of themselves from the context of their family, the judicial system and the social-educative law enforcement measures of imprisonment that result from infractions perpetrated by them. This study intends to question the way the society and the judicial institutions have been treating this issue. Interviews were conducted with adolescents considered as transgressors, deprived of individual liberty in the city of Porto Alegre/RS. The judicial processes about these adolescents have been read by the author and their content was analyzed and discussed. more...

The purpose of this study is to propose and test a new theory of prisoner misconduct. Research has focused on influences of misconduct that originate from the community (importation) or that originate from the prison environment itself (deprivation). We formulate a new theory of misconduct, transfer theory. Transfer theory posits that influences of misconduct can also originate from a prior institution, following a transfer between prisons. The study is based on a sample of 5,926 state inmates transferred between prisons between 2008 and 2012. Support was found for transfer theory, predicting higher levels of misconduct for inmates transferred from larger institutions with lower custody levels. [ABSTRACT FROM AUTHOR] more...

Personality disorders are represented by a behavioural pattern associated with recurrent violation of moral principles and social rules. Personality disorders - especially antisocial and borderline, but also the others, usually in unpredictable ways - are frequent diagnostics among the individuals psychiatrically analyzed at the request of authorities for committing violent infractions. Through their features are centred on maladjustment and on the desire to alter the environment according to their own structure, personality disorders lead to violent acts, sometimes extremely serious. Maladjustment pattern is part of a real vicious circle, which leads almost invariably to a socio-familial integrative deficit and to professional adjustment issues. In their turn, they entail increased frustrations, aggravated impulsive tendencies, as well as higher interpretability (when it is already present). Consequently, all these aspects favour the commission of violent, criminal acts, which end up compromising irremediably the social integration of individuals who suffer from a personality disorder. It is necessary to pinpoint the certain predictors of criminal behaviour, by the characteristics of each personality disorder, in order to assess their aggravating or intensifying factors and to prevent it effectively, for both the protection of potential victims and a better social integration of individuals diagnosed with various psychopathies. [ABSTRACT FROM AUTHOR] more...

This meta-analysis was conducted to examine predictors of two indicators of inmates' adjustment to prison life: institutional infractions and health care utilization. Focusing on male prisoners, the final data set consisted of 90 studies and produced 1,815 correlations. Predictors were grouped into personal and contextual characteristics. Regarding institutional infractions, the strongest personal predictors were prior prison misconduct, aggressiveness, impulsiveness, antisocial traits, institutional risk, and younger age. At the contextual level, higher infraction rates were observed in prisons with more gang activity, and in prisons housing more inmates and a larger proportion of maximum security inmates. Major correlates of health care utilization were prior mental health problems, older age, and physical symptoms. Moderator effects were observed for prison sample size, sample selection, length of follow-up, geographic location, and type of analysis. These findings may help to improve prison classification procedures to optimize prisoners' management and treatment. [ABSTRACT FROM AUTHOR] more...

The situation in which the actual social danger of a certain offence collides with the general social danger of such act -- a requirement by which an unlawful act shall be provided by the criminal law -- has given rise to many controversies in the Romanian penal doctrine and has brought about legal consequences, both in the realm of substantial penal law, (the conditions to qualify an illegal act as an offence, an act provided by criminal law or by administrative/civil/disciplinary law, the determination of its seriousness, its nature and the sanctions it may entail), as well as in that of procedural law, leading to the replacement of traditional criminal liability with a type of criminal liability of administrative character. In the first Penal Code from 1864 and in the second one, from 1936, the degree of social danger of an offence was the basis on which such acts were classified into felonies, misdemeanours and infractions (petty offences), according to the French model of the time, which also dictated how to apply correlative sanctions. Starting the half of the XXth century, under the influence of Soviet penal legislation, which had a materialistic approach to the offence, Romanian legislation introduced a new standard, i.e. the lack of social danger of an unlawful act, which also led to the replacement of criminal liability in case of such acts. Such a standard is still in force at present and has generated numerous controversies along the years. Whereas such standards survived in the first new Penal Code, adopted as Act no. 301/2004, in the new Penal Code to come, they were repealed. However, in the new Code of Criminal Procedure, adopted as Act no. 135/2010, such standards have somehow survived alongside with the settlement of the principle of opportunity of prosecution. Said principle implies that prosecution shall not be pursued in certain conditions, in case of offences which are sanctioned by a maximum penalty of 5 years of imprisonment or by a fine. The last part of the study is based on a comparison with the legal frameworks of other countries which have provided for such standards, the author thus pointing out the specific features of each system. [ABSTRACT FROM AUTHOR] more...

Copyright of Pôle Sud is the property of Centre Comparatif d'Etudes sur les Politiques Publiques et les Espaces Locaux 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.) more...

The purpose of the study was to examine the impact of the prison theatre program, Rehabilitation through the Arts (RTA) on the attitudes and behavior of participants. A total of 65 prisoners participated. Three treatment groups, a total of 36 participants including Beginners, Intermediates and Advanced theatre group members, were matched with 29 prisoners with no experience in the theatre program. All participants completed personality measures on anger and coping at two intervals before and after the stage production of the play, Slam. Institutional records on pre-and post-production disciplinary infractions, program participation and reclassification upgrades were examined as a measure of the behavioral component. Findings revealed that behavioral differences between the Beginner RTA group and the Controls were not significant; however, in a three-group comparison, when the RTA Advanced and Intermediate groups were combined into the experienced group and compared with the Control group, the differences were more dramatic, suggesting that the RTA group had significantly fewer disciplinary infractions, as well as less time locked in their cells. An unexpected finding revealed that significant attitudinal changes over the duration of the study were less associated with the individual groups, per se, than with behavior of the individual. The relationship between personality, specifically anger levels and infractions may have an important behavioral consequence relating to the impact of the program. Experienced RTA members reported a higher level of intensity of angry feelings than either the Beginners or the Controls on state and trait anger measures. Despite the elevated anger reported, the experienced RTAs committed very few infractions. It is possible that despite the higher levels of anger, RTA participants may be using theatre as a legitimate outlet to manage angry feelings. [ABSTRACT FROM AUTHOR] more...

The concept of Public Service has recently suffered a big transformation. After loosing its educational and positive connotations what remains now is its negative dimension: child protection. The present article shows the first results of an exhaustive and longitudinal research over the television content broadcast during the special protection hours. Focus has been paid to violence infractions. With the classic methodology for this type of content research analysing over 8,100 hours of visual work and codification. The results offer the data from comparative description of infractions on every network: programs, people involved on violence acts, period of time and so on. It also shed some light on the evolution over the last four years of television content from a comparative perspective. The article concludes with the resulting data showing how during the last two years, with a stricter self selection of content by networks, has not alleviated the level of infractions, and violence is still used by networks to increase their share. The final remark is that it seems as if TV channels are victims of their own behaviour when making a choice of content selection. The highest number of infractions are found, in all networks, either public or private, on the programming with which they identify. [ABSTRACT FROM AUTHOR] more...

This article discusses the effects that being placed in juvenile detention centers has on juvenile delinquents. Although the experience is intended to punish them, juvenile prisoners typically find ways to rationalize their experiences into a framework of social normalcy by making the centerl their "home," and behaving as if their experience is a part of being a kid, which devalues it as a rehabilitation method. more...

With the NCAA suggesting increased severity of sanctions for NCAA rules violators (Wieberg, 2008), an area of great concern to athletic directors is the institution's violation of Article 13 of NCAA Division Ilegislation while recruiting prospective student-athletes. While researchers state that NCAA violations are on the rise (Mahony,1999; Jordan, Greenwell, Geist, Pastore, & Mahony, 2004), very little research has been conducted to ascertain the number of NCAA recruiting violations committed, and by whom. The purpose of this study was to describe the nature of recruiting violations, including major and secondary violations, conference affiliation of institutions committing major violations, then to analyze major recruiting violations of Division IFootball Bowl Subdivision (FBS) institutions. A trend analysis was conducted by examining the frequency and distribution of NCAA major infractions from 1970 to 2007, with a specific focus major recruiting infractions from 1987 through the current construct of the Division I-A (Football Bowl Subdivision) conference structure of 2007. The results of this analysis provide athletic administrators with regional and sport-specific findings regarding major recruiting infractions. It also informs athletic compliance directors of focal points and monitoring strategies based upon sport, region, and conference in am effort to curtail future NCAA recruiting violations. [ABSTRACT FROM AUTHOR] more...

The evolution which took place in this area of the Romanian legislation, an interference zone between the penal law and labour law, can be explained not only starting from the internal reality characteristic to the labour relations but also from guidelines offered by compared law. Notwithstanding, labour criminal law cannot be consider merely as an accessory part of the corporate criminal law, but having an essential part, such as an exhibit test, in order to determine new legal mechanisms, like the ones regarding criminal liability of the legal persons. [ABSTRACT FROM AUTHOR] more...