Zeitschriftenartikel: „Character of the criminal“

1

Новікова, Катерина. „Акцентуації характеру злочинців з насильницькою спрямованістю“. Теоретичні і прикладні проблеми психології, Nr. 1(57)Т2 (2022): 60–67. http://dx.doi.org/10.33216/2219-2654-2022-57-1-2-60-67.

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Стаття присвячена розгляду акцентуацій характеру злочинців з насильницькою спрямованістю, засуджених за повторні насильниці злочини. Висвітлено результати дослідження характерологічних особливостей даної категорії злочинців. Запропоновано портрет рецидивіста, характерологічними ознаками якого є емотивне реагування, яке він намагається компенсувати застряганням на захисній педантичній впорядкованості, побоюючись небезпечних наслідків неконтрольованих актів через власну збудливу гіпертимну екзальтованість, яка, внаслідок демонстративності на тлі дистимічних, а інколи й дисфоричних перепадів настрою, може призводити до необдуманих вчинків. При цьому його демонстративна екзальтованість є набутою характеристикою, інтеріоризованою в ході соціалізації у відповідних традиціях кримінальної субкультури. Однак саме вони часто й стають пусковим механізмом неконтрольованої поведінки, яка призводить до вчинення правопорушень. Застрягання також характеризує не лише злопам’ятність, але й стійку фіксацію асоціальних установок педантичного дотримання норм кримінального світу. Загальна ж нестійкість емоційних реакцій породжується накопиченням негативних переживань (проблемних сфер життя, нереалізованих соціальних бажань, мрій та прагнень, виключно викривленій можливості задовольняти базові потреби, негативний досвід відбування покарань, конфлікти з соціумом тощо), що проявляється у генералізованій виснажливій дисфоричній дистимії. Будучи закріпленим на рівні установочних реакцій, такі характерологічні особливості мало того що видко фіксуються, але й стають стійкими якостями, що обумовлюють стереотипність відтворюваної з разу у раз асоціальної поведінки. Ключові слова: акцентуації характеру, злочинці з насильницькою спрямованістю, особистість злочинця, повторні насильницькі злочини.

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2

Lippke, Richard L. „CRIMINAL RECORD, CHARACTER EVIDENCE, AND THE CRIMINAL TRIAL“. Legal Theory 14, Nr. 3 (September 2008): 167–91. http://dx.doi.org/10.1017/s1352325208080099.

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The question addressed here is whether evidence concerning defendants' past criminal records should be introduced at their trials because such evidence reveals their character and thus reveals whether they are the kinds of persons likely to have committed the crimes with which they are currently charged. I strongly caution against the introduction of such evidence for a number of reasons. First, the link between defendants' past criminal records and claims about their standing dispositions to think and act is tenuous, at best. Second, noncharacter, or trace, evidence should have primacy in determining the guilt or innocence of defendants. Third, character evidence will vary in its freshness and specificity. Other things being equal, only relatively fresh and specific character evidence has probative value. Moreover, such evidence will have greater probative value in criminal cases where the issue before the court is whether a crime has been committed than in cases where the issue is whether it was the defendant who committed the crime. Finally, we might be more sanguine about the introduction of fresh and specific character evidence under conditions likely to work against its misuse or misinterpretation. However, the relevant conditions may not often be satisfied in the real world of criminal trials and defendants.

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3

Duff, R. A. „Choice, Character, and Criminal Liability“. Law and Philosophy 12, Nr. 4 (November 1993): 345. http://dx.doi.org/10.2307/3504954.

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4

Mousourakis, George. „Character, Choice and Criminal Responsibility“. Les Cahiers de droit 39, Nr. 1 (12.04.2005): 51–73. http://dx.doi.org/10.7202/043479ar.

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This paper examines the issue of criminal responsibility and the role of legal excuses from two theoretical viewpoints : the character theory and the choice theory of responsibility. The character theory claims that the moral assessment of an offender's character is a necessary prerequisite of criminal liability and punishment. Legal excuses preclude the attribution of moral and legal blame because, by negating voluntariness, they block the inference from a wrongful act to a flawed character. The choice theory, on the other hand, claims that criminal responsibility pertains to the voluntary violation of the law rather than to the doing of an immoral act as such. For the choice theorist criminal responsibility is concerned with choices rather than with character traits. From this point of view, excuses are taken to preclude criminal liability because, when these conditions are present, the actor does not have sufficient capacity or a fair opportunity to choose to act according to law. The paper concludes that the character theory, by placing the emphasis on those character traits that motivate a person's choices offers a better basis for understanding the moral significance of human actions and for explaining and justifying the attribution of criminal responsibility and punishment.

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5

Roberts, Paul. „Redmayne's Character and Criminal Jurisprudence“. Modern Law Review 79, Nr. 4 (Juli 2016): 706–26. http://dx.doi.org/10.1111/1468-2230.12207.

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6

Duff, R. A. „Choice, character, and criminal liability“. Law and Philosophy 12, Nr. 4 (November 1993): 345–83. http://dx.doi.org/10.1007/bf01000637.

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7

Jackson, Adam. „Foreign criminal convictions and character directions“. Journal of Criminal Law 79, Nr. 6 (Dezember 2015): 388–90. http://dx.doi.org/10.1177/0022018315619268a.

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8

Korsakov, K. A., V. V. Konin und E. V. Sidorenko. „REASONABLE TIME OF CRIMINAL PROCEEDINGS: CRIMINALISTIC CHARACTER“. Juridical Journal of Samara University 6, Nr. 4 (27.12.2020): 101–11. http://dx.doi.org/10.18287/2542-047x-2020-6-4-101-111.

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In the Russian legal system, the understanding that justice should be not only timely, but also fast enough has matured for a long time. The delay in the investigation of a criminal case and its consideration by the court allows the guilty to avoid the deserved punishment in some cases, which calls into question the principle of inevitability of punishment on the one hand, and hinders the right to access justice, on the other hand. The term reasonable time for legal proceedings has emerged as a requirement of international law to be tried without undue delay. The right to a reasonable period of criminal proceedings is regulated by Article 6.1 of the Code of Criminal Procedure of the Russian Federation, but this norm is not fully implemented to date, as evidenced by the decisions of the European court of human rights issued on complaints of violation by the Russian Federation of the provisions of the European Convention for the protection of human rights and fundamental freedoms. At the same time, the available research considers the requirement of reasonable terms in criminal proceedings from the standpoint of criminal procedure law, which is not fully justified. The article attempts to consider the problematic issues of reasonable terms of criminal proceedings from the perspective of criminology, as a science that has incorporated theoretical and practical issues of fighting crime, as well as the problems of criminalistic criteria in criminal proceedings.

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Gregoriou, Christiana. „Schematic incongruity, conversational power play and criminal mind style in Thomas Harris’ Silence of the Lambs“. Language and Literature: International Journal of Stylistics 29, Nr. 4 (November 2020): 373–88. http://dx.doi.org/10.1177/0963947020968663.

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This article considers the construction of the profilers and criminals in Thomas Harris’ (2013) [1988] novel Silence of the Lambs through the analysis of selected indicative criminal mind-related extracts. The aim is to consider such characters’ construction through analysis of schematic incongruity, conversational power play, language depicting the actual fictional criminal viewpoint and, lastly, psychological profiling language, the style of which has criminal mind style ‘potential’. Schematic incongruity has a role to play in generating impressions of both the normality and abnormality of psychological profilers and the killers they pursue. Serial killers are constructed as not only physically/psychologically ‘abnormal’ but also as ‘abnormals’ amongst other ‘abnormals’ in terms of their conversational patterns, too. Where some criminals’ apparent reluctance, or inability, to accord to conversational norms marks them as uncivilised, killer/profiler Lecter’s mostly conventional conversational politeness marks him out as indirectly mocking the social norms he sometimes chooses to accord to. Where killer Gumb is concerned, profiling language and language depicting his criminal viewpoint draws on metaphors and references to killing being likened to hunting, work and art, suggesting that killing is necessary, commendable and ceremonial, the victims’ mere things to be utilised in a venture that can only be described as worthy. Though Lecter is shown to be ‘born’ into deviant behaviour, and Gumb is suggested to have been ‘made’ into a criminal, the novel undoubtedly suggests connections, similarities even, between both such character types’ extreme criminal behaviour and those wanting to understand ‘criminal minds’ through the profiling practice.

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Wibisono, Yohan, Fadjrin Wira Perdana, Irwan Irwan, Doharmam Lumban Tungkup und Miran Miran. „Pengaruh Implementasi Hukum Pidana Tehadap Peningkatan Keamanan dan Ketertiban Masyarakat“. Jurnal Indonesia Sosial Sains 3, Nr. 6 (25.06.2022): 1026–33. http://dx.doi.org/10.36418/jiss.v3i6.673.

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The state has an obligation to create a safe and orderly environment for every citizen. Order and security can form a society with character, mental health and ready to compete in the international realm. This is because the environment has a strong influence on transferring character to each individual. This situation can be realized if the criminal law in Indonesia is enforced properly. Unfortunately, law enforcement sometimes fluctuates so that people are restless and criminals continue to carry out their actions. For this reason, this research was conducted to determine the effect of the implementation of criminal law on increasing public security and order. The research method used is descriptive qualitative research with observation interviews and questionnaires distributed through gform. The results of this study indicate that the implementation of criminal law has a positive effect on increasing public security and order.

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Fitzpatrick, Ben. „Criminal Justice Act 2003: Bad Character Provisions“. Journal of Criminal Law 70, Nr. 5 (Oktober 2006): 390–98. http://dx.doi.org/10.1350/jcla.2006.70.5.390.

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12

Gаrbatovich, D. A. „Measures of a Criminal-Legal Nature for the Commission of Illegal Non-Criminal Criminal-Legal Acts“. Rossijskoe pravosudie 5 (17.04.2020): 96–105. http://dx.doi.org/10.37399/issn2072-909x.2020.5.96-105.

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The article raises the problem of the absence in the doctrine of criminal law of a single understanding of what are criminal measures applied for the Commission of illegal non-criminal criminal acts. Objectives of the study: 1) determine the scope of the concept «other measures of criminally-legal character»; 2) to characterize measures of criminal law imposed for unlawful non-criminal criminal-legal acts; 3) examine the correlation of criminal responsibility and other measures of criminal-legal character; 4) classify the measures of criminal law imposed for unlawful non-criminal criminal-legal acts. Methods: formal-legal, comparative analysis method. The following conclusions are made: 1. Illegal non-criminal criminal law acts, characterized by public danger, as legal facts entail the emergence of protective criminal relations. Other measures of a criminal legal nature applied on the basis of these acts are carried out outside the framework of criminal responsibility, respectively, they are not forms of its implementation. 2. Illegal non-criminal criminal-legal acts that are not socially dangerous, as legal facts affect the dynamics of existing criminal-legal relations that arose as a result of the Commission of crimes. Other measures of a criminal-legal nature applied on the basis of the specified acts are carried out within the framework of criminal responsibility, are forms of its implementation. 3. The concepts of criminal responsibility and criminal law measures do not coincide in terms of content. The concept of criminal law measures is broader in terms of the concept of criminal responsibility, since its content includes criminal responsibility with its forms, which are measures of a criminal law nature, as well as other criminal law measures imposed for the Commission of illegal non-criminal criminal law acts characterized by public danger. 4. Measures of a criminal-legal nature are classified on the basis of two interrelated criteria: 1) whether they relate to the forms of criminal responsibility; 2) what is the degree of public danger of an illegal criminallegal act is the basis for their application.

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Jovašević, Dragan. „The system of penalties against property in the criminal law of Serbia and Montenegro“. Glasnik Advokatske komore Vojvodine 77, Nr. 10 (2005): 613–28. http://dx.doi.org/10.5937/gakv0512613j.

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Different criminal legal systems set forth different methods and measures in prevention and abolition of crime in general, and particularly crime against property, which prevails in the structure of contemporary crime. Criminal penalties are among them based on the-k Battue, character, effect and significance. Considering specific character of criminal acts against property and their offenders, the law provides for the specific types of penalties: penalties - fine and confiscation of property and security measure-confiscation of item, which have both repressive and extremely preventive character. This paper examines the concept, features and characteristics of these criminal law measures both in our and in foreign criminal legal systems.

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14

Crosby, Cath. „Culpability, Kingston and the Law Commission“. Journal of Criminal Law 74, Nr. 5 (Oktober 2010): 434–71. http://dx.doi.org/10.1350/jcla.2010.74.5.658.

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This article considers the basis upon which a person should be held to be criminally liable, and to do so, it is necessary to examine the leading theories of character and choice that underpin the State holding a person to be culpable of a criminal offence, i.e. the link between culpability and fault. The case of R v Kingston1 is used to examine the application of these leading theories and it is observed that choice theorists would not excuse such a defendant from criminal liability even though his capacity to make a choice to refrain from law breaking was made extremely difficult by external factors beyond his control. Only character theory could possibly offer exculpation in such circumstances on the basis that the defendant acted ‘out of character’ and his deed did not deserve the full censure and punishment of the criminal law. The Court of Appeal in R v Kingston would have been prepared to excuse, but the House of Lords, and most recently the Law Commission have adopted a pragmatic approach to the involuntarily intoxicated offender. This case serves as a reminder that while justice is the aim of the criminal justice system, it is not an absolute standard.

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Fitzpatrick, Ben. „Bad Character: Criminal Justice Act 2003; Defendant's Bad Character; S. 101 ‘Gateways’“. Journal of Criminal Law 70, Nr. 2 (April 2006): 109–15. http://dx.doi.org/10.1350/jcla.2006.70.2.109.

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16

Fitzpatrick, Ben. „Bad Character: Criminal Justice Act 2003; Defendant Attacking Character of Another; Propensity“. Journal of Criminal Law 70, Nr. 2 (April 2006): 115–21. http://dx.doi.org/10.1350/jcla.2006.70.2.115.

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17

Valiantien, Nita Maya, und Setya Ariani. „Sifat Kepahlawanan Tokoh Bujang dalam Novel "Pulang" Karya Tere Liye“. Diglosia: Jurnal Kajian Bahasa, Sastra, dan Pengajarannya 4, Nr. 4 (07.11.2021): 499–514. http://dx.doi.org/10.30872/diglosia.v4i4.242.

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This study aims to provide an overview of heroic traits shown by the character Bujang in Tere Liye's novel Pulang. The method used in analyzing the data is qualitative method because the data collected and analyzed are in the form of narratives and dialogues in the text related to the heroic traits possessed by Bujang as the main character in the novel. Furthermore, this study uses descriptive techniques to define the heroic traits found in Bujang character. From the results of the analysis, it was found that eight heroic traits possessed by Bujang in the novel Pulang. The traits include caring, charismatic, inspiring, reliable, resilient, selfless, smart, and strong. This finding shows that heroic traits can be found in characters who are involved in the world of crime and also in literary works that use the setting and themes of the criminal world. By having these eight heroic traits, Bujang is a representation of a hero even though he is a character who has a role in the criminal world he lives in the novel.

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Redmayne, Mike. „THE RELEVANCE OF BAD CHARACTER“. Cambridge Law Journal 61, Nr. 3 (11.12.2002): 684–714. http://dx.doi.org/10.1017/s0008197302001770.

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An important rule of criminal evidence is that evidence of a defendant’s previous misconduct (evidence of bad character) is prima facie inadmissible. The usual justification for this rule is that, in most cases, such evidence is either irrelevant or likely to have an unduly prejudicial effect on the fact-finder. This article questions this justification. After reviewing the psychological research on character, it examines statistical data on recidivism. The statistics suggest that those with previous convictions are much more likely to offend than are those without a criminal record, which implies that evidence of bad character will usually be sufficiently probative to justify its admission as proof of guilt. The remainder of the article examines various criticisms which can be levelled at this argument, in particular, that the recidivism data are misleading and that the way in which fact-finders reason renders evidence of bad character uninformative.

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Yurin, V. M. „Problems of Insituting Criminal Cases of Economic Character“. Izvestiya of Saratov University. New Series. Series Economics. Management. Law 13, Nr. 4(2) (2013): 712–18. http://dx.doi.org/10.18500/1994-2540-2013-13-4-2-712-718.

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Fitzpatrick, Ben. „Criminal Justice Act 2003: Bad Character Provisions (1)“. Journal of Criminal Law 70, Nr. 4 (August 2006): 300–307. http://dx.doi.org/10.1350/jcla.70.4.300.

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Fitzpatrick, Ben. „Criminal Justice Act 2003: Bad Character Provisions (2)“. Journal of Criminal Law 70, Nr. 4 (August 2006): 307–14. http://dx.doi.org/10.1350/jcla.70.4.307.

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22

Hunter, Jill. „Book Review: Character Evidence in the Criminal Trial“. International Journal of Evidence & Proof 20, Nr. 2 (April 2016): 162–72. http://dx.doi.org/10.1177/1365712716641033.

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23

Rao, Aparna. „Book Review: Character Evidence in the Criminal Trial“. International Journal of Evidence & Proof 20, Nr. 2 (April 2016): 172–74. http://dx.doi.org/10.1177/1365712716641034.

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24

Field, Stewart. „State, Citizen, and Character in French Criminal Process“. Journal of Law and Society 33, Nr. 4 (Dezember 2006): 522–46. http://dx.doi.org/10.1111/j.1467-6478.2006.00369.x.

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25

Athens, Lonnie. „Character Contests and Violent Criminal Conduct: A Critique“. Sociological Quarterly 26, Nr. 3 (September 1985): 419–31. http://dx.doi.org/10.1111/j.1533-8525.1985.tb00236.x.

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Fitzpatrick, Ben. „Bad Character: Criminal Justice Act 2003; Non-Defendant; Defendant Attacking Character of Another“. Journal of Criminal Law 70, Nr. 1 (Februar 2006): 11–16. http://dx.doi.org/10.1350/jcla.2006.70.1.11.

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27

HAN, JI-YOUNG. „The issue on moral rights of a work after the expiration of the copyright protection period“. Legal Studies Institute of Chosun University 30, Nr. 3 (31.12.2023): 117–84. http://dx.doi.org/10.18189/isicu.2023.30.3.117.

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Recently, as the copyright protection period of famous characters who have been loved and popular around the world has expired, anyone can use them freely. For example, as the copyright of the character “Winnie-the-Pooh”expired in 2022, a startup film company created a low-budget film called “Winnie-the-Poo: Blood and Honey”, transforming the cute and friendly Pooh into the wild killer bear. As can be seen in this case, even if the first character is changed to the opposite to the extent that it undermines the reputation of the author, it is not possible to claim copyright infringement because the copyright protection period has already expired. However, if malicious distortions or variations that can continue to undermine the author's personal interests after the expiration of the copyright protection period are left unprotected, it may confuse the general public's trust in the character's unique character that the original work has held for more than decades, so it is necessary to consider ways to prevent it. Author’s Moral Right is inalienable, and in comparative law, each French and Chinese IP-related Act legislates that moral right is permanently maintained, but Korea does not have such a legislation as to the protection period of moral right. In this study, the possibility of civil damages or criminal punishment for moral right infringement after author’s death, especially the current copyright law stipulates offense indictable without complaint in relation to criminal punishment for violations against moral right after author’s death, and it is proposed to revise to delete offense indictable without complaint under the copyright law by comparing it with the crime of defamation of a deceased person under the criminal law.

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Barsan, Magdalena Maria. „SELF DEFENSE IN THE NEW REGULATION. ELEMENTS OF COMPARED CRIMINAL LAW“. Agora International Journal of Juridical Sciences 8, Nr. 4 (23.11.2014): 13–18. http://dx.doi.org/10.15837/aijjs.v8i4.1594.

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Article aims to bring in the most important aspects of self-defense. The paper refers to issues of comparative criminal law regarding self-defense. The second chapter of the new Romanian Criminal Code describes those justifiable causes, certain circumstances which eliminate the second essential trait of crime - the unjustified character. The New Criminal Code chose to divide the causes which eliminate criminal liability in justifiable causes, those causes which make a deed lose its illegal character and non punitive causes, which remove the third essential trait of crime – accountability.

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Deryagina, Svetlana V., und Andrey V. Mayorov. „CRIMINOLOGICAL ASPECT OF CRIMINAL BANKRUPTCY“. LEGAL ORDER: History, Theory, Practice 38, Nr. 3 (17.11.2023): 113–23. http://dx.doi.org/10.47475/2311-696x-2023-38-3-113-123.

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One of the types of crimes in the economic sphere is criminal bankruptcy, which is committed under the influence of mercenary-economic motivation within the framework of legal economic activity and contrary to Russian legislation, violating the economic interests of the state and pursuing financially illegal goals. Considering the criminological aspect of criminal bankruptcies the authors analyzed the level of crime in this sphere, and also revealed the main causes and conditions of committing crimes under Art. 195-197 of the Criminal Code of the Russian Federation. Analyzing the statistics from 2004 to 2021 in Russia in comparison with regional indicators (Kirov region, Udmurt Republic, Perm region, Sverdlovsk region) of crime, conclusions are drawn about the need to improve measures to prevent criminal bankruptcies. The ways to optimize the fight against criminal bankruptcies are proposed, taking into account the specifics of the measures, which in the financial and economic crisis situation will allow the debtor to improve its solvency and reduce the level of crimes under consideration. The system of measures of prevention of criminal bankruptcies including measures of general (measures of economic, socio-political and legal character) and special character (measures of criminal-legal, organizational and operativesearch character) is presented.

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Nguyen Ngoc Thuy, Linh, und Huong Tran Thi Thu. „The Murder Character type in the series novels Medical Examiner Qin Ming by Qin Ming“. Journal of Science Social Science 68, Nr. 1 (Februar 2023): 69–79. http://dx.doi.org/10.18173/2354-1067.2023-0008.

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This paper researches on investigates the murder character in a forensic mystery novel written by Qin through case study to identify the modernizing efforts of the current Chinese mystery literature. Western mystery literary works often portray the detective character, which represents the desire for justice and human’s intellect. Similarly, Qin’s work features the medical examiner as a central character. On the other hand, the murder character is similarly portrayed meticulously. By choosing the murder character, the novelist implies that victims are not the only ones who deserve sympathy in a criminal case. This novel is the author’s attempt to eliminate the conventional way to portray main characters to offer a fresher and more genuine approach to the increasingly modernized mystery literary works in the 21st century.

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Alzouabi, Lina. „Social Environment and Crime in Dickens' Oliver Twist and Great Expectations“. International Journal of Linguistics, Literature and Translation 4, Nr. 6 (30.06.2021): 163–70. http://dx.doi.org/10.32996/ijllt.2021.4.6.19.

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This study reads Charles Dickens' Oliver Twist and Great Expectations as crime novels by applying Sutherland's theory of "differential association" which postulates that criminal behavior is learned rather than inherited, and it is learned through interaction with other people within intimate personal groups in which one learns techniques and acquires motives for committing crimes. In Oliver Twist, Oliver is portrayed as a victim of the corrupted social environment as well as Monks' conspiracy with Fagin to drag him down to the underworld.; he is raised as an orphan in a workhouse and subjected to mistreatment. Thus, he unknowingly indulges in Fagin's gang and learns the crime of pickpocketing, as all the members of the gang come from a poor background and are taught how to commit crimes within the gang, their intimate social group. Nancy's poverty also compels her to join the gang, which ultimately leads to her death, as criminality is not innate in her personality. Criminality in Oliver's character is not innate either, so he ends up leading a decent life in a healthier environment. Like Fagin, Compeyson in Great Expectations favors the violation of law and has others indulge in the criminal world, thereby exploiting Magwitch and Orlick who turn into criminals. By presenting criminal characters with various motives and from harsh backgrounds, Dickens' fiction suggests that crime behavior has nothing to do with heredity. Rather, criminal characters are implicated in crimes as a result of the corrupted social environment forced on them, along with gangs and corrupt people they have to encounter.

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Polovnikov, Vadym, Viacheslav Biletskyi, Viktor Tyshchuk und Yurii Overchenko. „Criminological profile of a perpetrator of a high treason“. Revista Amazonia Investiga 9, Nr. 28 (21.04.2020): 176–89. http://dx.doi.org/10.34069/ai/2020.28.04.21.

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The article presents the analysis of specific criminological features of the persons who have committed high treason in order to know their typical criminological profile. For the purpose of that, 39 court decisions of the Unified State Register of Judgments (hereinafter: USRJ) of Ukraine, which were made against persons who committed this type of crime, were examined. Socio-demographic (gender, age, education, nationality) and criminal-law (motivation of the criminal behavior, single or group criminal character of criminal activity, duration of criminal activity, presence or absence of criminal record, etc.) were estimated in investigation. Generalization and interpretation of the results of court decisions made it possible to simulate a typical criminological profile of the perpetrator of the state treason and to identify certain specific characteristics of the subjects of this crime. It is concluded that knowledge of the criminological profile of the state traitor is of great importance for the profile of criminals by law enforcement agencies, which are empowered to prevent crime in the field of national security.

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Datsiuk, Vitalii, und Iryna Nesterova. „Sustainability Issues of Business Security in Ukraine: Risk Factors of the Corporate Criminal Liability“. Teisė 116 (06.10.2020): 120–29. http://dx.doi.org/10.15388/teise.2019.116.8.

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The article deals with recent changes in the Ukrainian criminal legislation, which concerns the activities of the criminal-legal character introduction against legal persons (quasi-corporate criminal liability) in the context of risk factors for sustainable business development.

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Fitzpatrick, Ben. „Evidence of Bad Character: Criminal Justice Act 2003; Commencement“. Journal of Criminal Law 69, Nr. 3 (Juni 2005): 206–9. http://dx.doi.org/10.1350/jcla.69.3.206.64784.

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Simović, Marina M., und Vladimir M. Simović. „Definition, Purpose and Types of Juvenile Criminal Sanctions in the Federation of Bosnia and Herzegovina / Pojam, svrha i vrste maloljetničkih krivičnih sankcija u Federaciji Bosne i Hercegovine“. Годишњак факултета правних наука - АПЕИРОН 5, Nr. 5 (28.07.2015): 150. http://dx.doi.org/10.7251/gfp1505150s.

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Juvenile sanctions are legally prescribed measures and proceedings of social response to juvenile perpetrators of criminal acts. The purpose of juvenile criminal sanctions is within the overall purpose of criminal sanctions. That represents preventive influence on others to respect legal system without committing criminal acts. It also means preventing perpetrators to commit another criminal act and encouraging its upbringing. In essence, general purpose of juvenile criminal sanctions is to fight all types, forms and aspects of crime through special and general prevention. When pronouncing these sanctions court cannot know nor predict how the process of education, discipline and therapy will develop. It also cannot know what time period will be necessary to realize the purpose of its pronouncement. Every adolescent is an individual for itself therefore has a different reaction to pronounced sanction. Interest i.e. wellbeing of an adolescent always comes first when deciding on criminal sanction. The Juvenile Criminal Law in Bosnia and Herzegovina prescribes three basic types of juvenile criminal sanctions. In essence, they are not of repressive character. Basically, the only juvenile criminal sanction of repressive character in the true sense of the word is juvenile imprisonment (detention).

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Putra, EkaVidya. „Literation Movement From Tanah Ombak’s Community“. SHS Web of Conferences 42 (2018): 00109. http://dx.doi.org/10.1051/shsconf/20184200109.

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Nowadays, Character education becomes the attention of many parties. The key to character education is the availability of a positive character environment. Because character building is not enough just to provide knowledge about which is good attitude and what is bad as taught in school. This misunderstanding of school is the cause of character education and failure. Intended for character building requires a character environment that provides good examples to its members. The problem is that there are many character environments that do not support the building of good characters. Bad character environments can be seen in slum area. Slums, identical to poverty, low levels of education, many criminal acts, promiscuity and other negative behaviors. By using a new institutional approach . Data collection is done by qualitative method, through observation, interview and literature study. The success of the Tanah Ombak Community manipulates the institutional environment can not be separated from two things. First, there are actor who become key figures. Second, there in collectively shared values that drives ideas. How the environment is manipulated can be seen from the three aspects, regulative, normative and cognitive. Regulatively, many emergence of positive rules for character development. Normatively, bad old habits are replaced by positive new habits for character building. Finally, cognitively new knowledge emerges for the new characters building.

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Munday, Roderick. „The Paradox of Cross-Examination to Credit—Simply Too Close for Comfort“. Cambridge Law Journal 53, Nr. 2 (Juli 1994): 303–25. http://dx.doi.org/10.1017/s0008197300099062.

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Any defendant with a criminal record, who takes the witness-stand, must beware the snares of section 1(f) of the Criminal Evidence Act 1898. The shield this statute confers, once described by Viscount Sankey as “one of the most deeply rooted and jealously guarded principles of our criminal law”, which forbids the prosecution or any co-accused from questioning him on his previous convictions and general bad character, can be forfeited in three ways. An accused may variously adduce evidence of his good character, cast imputations on the character of the prosecutor or the witnesses for the Crown, or give evidence against a co-accused: in each of these circumstances, under sub-provisos (ii) and (iii) of section 1(f), cross-examination of the accused on his bad character then becomes permissible with the leave of the judge. Although there is a frail argument that such evidence may go to issue, the overwhelming preponderance of authority holds

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Moore, Michael S. „Choice, Character, and Excuse“. Social Philosophy and Policy 7, Nr. 2 (1990): 29–58. http://dx.doi.org/10.1017/s0265052500000753.

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Freud justified his extensive theorizing about dreams by the observation that they were “the royal road” to something much more general: namely, our unconscious mental life. The current preoccupation with the theory of excuse in criminal law scholarship (including my own) can be given a similar justification, for the excuses are the royal road to theories of responsibility generally. The thought is that if we understand why we excuse in certain situations but not others, we will have also gained a much more general insight into the nature of responsibility itself. Nowhere has this thought been more evident than in the century-old focus of criminal law theoreticians on the excuse of insanity, a focus that could not be justified by the importance of the excuse itself.In this paper I wish to isolate two theories of excuse, each of which instantiates its own distinctive theory of responsibility. One is what I shall call the choice theory of excuse, according to which one is excused for the doing of a wrongful action because and only because at the moment of such action's performance, one did not have sufficient capacity or opportunity to make the choice to do otherwise. Such a choice theory of excuse instantiates a more general theory of responsibility, according to which we are responsible for wrongs we freely choose to do, and not responsible for wrongs we lacked the freedom (capacity and opportunity) to avoid doing. The second I shall call the character theory of excuse, according to which one is excused for the doing of a wrongful action because and only because such action is not determined by (or in some other way expressive of) those enduring attributes of ourselves we call our characters.

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Munday, Roderick. „GOOD CHARACTER DIRECTIONS IN CRIMINAL TRIALS: AN EXERCISE IN CONTAINMENT“. Cambridge Law Journal 74, Nr. 3 (30.10.2015): 388–92. http://dx.doi.org/10.1017/s0008197315000781.

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IN criminal trials, just as a bad character may count against an accused, so a good character may operate in an accused's favour. It was settled by the Court of Appeal in Vye [1993] 1 W.L.R. 471 and by the House of Lords in Aziz [1996] A.C. 41 that any accused who possesses a good character becomes thereby entitled to a mandatory direction (known as a “Vye direction”) in the summing-up. The trial judge is required to instruct jurors that the accused's good character is potentially of dual significance when they come to assess both (1) the credibility of an accused who has testified or who has made admissible, exculpatory pre-trial statements and (2) the likelihood of the accused's having committed the offence(s) charged. But matters do not stop there.

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Setiyono. „CRIMINAL SANCTION CHARACTERISTICS AGAINST CORPORATION COMMITTED ON CONSUMER PROTECTION OFFENCES IN FEW COUNTRIES“. Journal of Southwest Jiaotong University 56, Nr. 4 (30.08.2021): 269–78. http://dx.doi.org/10.35741/issn.0258-2724.56.4.22.

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This study aims to analyze the character of the sanctions system against corporations that commit consumer protection crimes. This paper is novel because it seeks to contribute to the current debate in the literature about sanctioned individuals and corporations by comparing the sanction and fines in few countries. Criminal sanctions in force in a country are very dependent on the state's reaction to the deviant activities of the corporations in the society concerned. The state's response was manifested in the sanction system policy towards corporations that commit criminal acts. A sanction system is still conventional, while a sanction system is responsive to the corporate phenomenon. Does this research discuss the sanction system's character against corporations that commit criminal acts of consumer protection? What are the problems of the system of sanctions against corporations that commit these consumer protection crimes? This research was conducted with a normative and comparative approach to comparing the sanctions against corporations that commit criminal acts of consumer protection between the Indonesian Consumer Protection Act and the Consumer Protection Act in several countries, namely Malaysia, the Philippines, Canada, and Finland. This study indicated differences in the character of the criminal sanction system between the Consumer Protection Act of Malaysia, the Philippines, Canada, Finland, and Indonesia against corporations that commit criminal acts in consumer protection. Another characteristic found is a single formulation, namely the threat of criminal fines except for the Indonesian Consumer Protection Act.

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Setiyono. „CRIMINAL SANCTION CHARACTERISTICS AGAINST CORPORATION COMMITTED ON CONSUMER PROTECTION OFFENCES IN FEW COUNTRIES“. Journal of Southwest Jiaotong University 56, Nr. 4 (30.08.2021): 269–78. http://dx.doi.org/10.35741/issn.0258-2724.56.4.22.

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This study aims to analyze the character of the sanctions system against corporations that commit consumer protection crimes. This paper is novel because it seeks to contribute to the current debate in the literature about sanctioned individuals and corporations by comparing the sanction and fines in few countries. Criminal sanctions in force in a country are very dependent on the state's reaction to the deviant activities of the corporations in the society concerned. The state's response was manifested in the sanction system policy towards corporations that commit criminal acts. A sanction system is still conventional, while a sanction system is responsive to the corporate phenomenon. Does this research discuss the sanction system's character against corporations that commit criminal acts of consumer protection? What are the problems of the system of sanctions against corporations that commit these consumer protection crimes? This research was conducted with a normative and comparative approach to comparing the sanctions against corporations that commit criminal acts of consumer protection between the Indonesian Consumer Protection Act and the Consumer Protection Act in several countries, namely Malaysia, the Philippines, Canada, and Finland. This study indicated differences in the character of the criminal sanction system between the Consumer Protection Act of Malaysia, the Philippines, Canada, Finland, and Indonesia against corporations that commit criminal acts in consumer protection. Another characteristic found is a single formulation, namely the threat of criminal fines except for the Indonesian Consumer Protection Act.

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Chorieva, Dilbar. „PROCEDURAL CHARACTER OF PROTECTION FUNCTIONS IN PRE-TRIAL CRIMINAL PROCESS“. Jurisprudence 1, Nr. 2 (10.12.2021): 122–31. http://dx.doi.org/10.51788/tsul.jurisprudence.1.2./fyhc2171.

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This article reveals the essence of the protection function, which is one of the functions of the criminal process, its importance as a direction of criminal proceedings, the concept of the right to protection arising from the implementation of this function. A controversy is conducted with the scientific and theoretical views of national and foreign procedural scientists regarding the importance of the protection function and the definition of the essence of the right to protection, the legislation of foreign countries in this area has been studied and analyzed in detail. Since our criminal procedural legislation does not have a norm defining the content of the concept of the right to defense, to prevent ambiguities in the course of the defender’s activities, one of the main purposes of writing an article is to reflect the essence of the concept of the right to defense in law. As a result of the analysis: the author’s definition of the right to protection was developed; given scientifically grounded proposals on the classification of the stages of implementation of the protection function; it was proposed to introduce the concept of the right to defense in the Criminal Procedure Code of the Republic of Uzbekistan and to present article 24 of the Code in a new edition. When writing the article, the methods of comparative legal, logical (analysis and synthesis) and complex analysis of scientific sources of knowledge were widely used.

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Munday, Roderick. „The Quick and the Dead: Who Counts as a ‘Person’ under S. 100 of the Criminal Justice Act 2003?“ Journal of Criminal Law 71, Nr. 3 (Mai 2007): 238–58. http://dx.doi.org/10.1350/jcla.2007.71.3.238.

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Section 100 of the Criminal Justice Act 2003 has transformed the law's attitude to references to non-defendants' bad character in criminal trials. Unless the bad character has to do with the facts of the case, or the investigation or prosecution of the offence, the leave of the court must now be sought before a party can adduce ‘the bad character of a person other than the defendant’. The word ‘person’ is problematical since the legislature does not normally use this term to denote those who are dead. This article addresses the problem of how the term ‘person’ should be construed.

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Barbu, Florin Octavian. „Civil Liability and Administrative Liability. A Comparative Approach“. Logos Universality Mentality Education Novelty: Law 10, Nr. 1 (01.09.2022): 15–22. http://dx.doi.org/10.18662/lumenlaw/10.1/66.

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As a main form of administrative liability, contraventional liability intervenes in the case of anti-social acts with less social danger (in principle) than that of a crime, but similar to criminal liability in multiple aspects: the public character of coercion. Like the acts criminalized by the criminal law, the acts targeted by the contraventional norms can have a complex character, attracting both contraventional and civil (delictual) liability (Pricope, 2013; p. 332).

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DIACONESCU, Amelia MIHAELA. „STUDY REGARDING THE LEGAL OR JUDICIAL REHABILITATION OF PERSONS ENGAGED IN ECONOMIC ACTIVITIES“. Annals of Spiru Haret University. Economic Series 18, Nr. 1 (30.03.2018): 207–13. http://dx.doi.org/10.26458/18110.

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The consequences derived from any sentence pronounced for a crime committed by a major person, pertains to the constitutional law, administrative law, civil law, family law labor law or commercial law and consist in legal effects of criminal or extra-criminal nature, perpetual or long term ones which result from the fact of the criminal conviction itself and put the convict in a disadvantageous situation.Having a legal tool character by which the legal consequences resulting from a conviction cease or, in a larger sense, a legal tool character by which the ex-convicts are legally reintegrated in the society, its effects consist in the same.

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Azarov, Vladimir. „The Phenomenon of Criminal Procedure Coercion: Polemical Notes“. Siberian Criminal Process and Criminalistic Readings, Nr. 1 (43) (29.03.2024): 15–26. http://dx.doi.org/10.17150/2411-6122.2024.1.15-26.

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The article presents an overview of the problem, and is devoted to research discussions some of which took place during public defenses of a number of Ph.D. and Post-doctoral theses, and it which the author participated, usually in the capacity of an official opponent. The object of research analysis is the phenomenon of criminal procedure coercion and its connection with the principle of the public (official) character of criminal proceedings. It is proven that the latter concept is primary, while the former one is derivative. The author shows the core components of the principle of public character and presents an adequate correlation between the categories “criminal prosecution” and “indictment”, and determines the role and place of these concepts in the system of key concepts of the criminal procedure doctrine and the eponymous legislation.

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Gejdoš, Miroslav. „SELECTED ALTERNATIVE SENTENCING OF MONETARY CHARACTER IN THE TERMS OF THE SLOVAK REPUBLIC“. International Journal of Legal Studies ( IJOLS ) 4, Nr. 2 (30.12.2018): 141–49. http://dx.doi.org/10.5604/01.3001.0013.0009.

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The author in this research paperpresents the description of restorative concept of justice. Specifically, it focuses on the description of alternative sentencing of monetary character, its role and characterization in the system of criminal law in the Slovak republic. The objective of forfeiture of property is to reach for the property of an offender, as well as, last but not the least, it aims to recondition the offender. The objective of forfeiture of an object is to eliminate the thing, which could be used for criminal offence. The basis is to obstruct the conditions of an offender for further criminal activity, or to deprive the benefit acquired by committing a crime.

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Gasa, Yeremias, Fransiskus M. Separ und Maksimilianus Doi. „MORAL VIRTUES OF NANCY IN CHARLES DICKENS’ OLIVER TWIST“. Lantern: Journal of Language and Literature 8, Nr. 2 (01.09.2022): 92–104. http://dx.doi.org/10.37478/lantern.v8i2.3958.

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This study aimed at knowing what moral virtues are in Nancy’s character and the influence of moral virtues to the main character in Oliver Twist. This study also employed virtue ethics theory with qualitative descriptive design. Source of data were taken from the novel of Charles Dickens, Oliver Twist. The methods of collecting data were by reading, identifying, and writing dialogs relating to the problems of the study. This analysis reveals that Nancy is a good person because she has a moral nature. The criminal environment cannot affect one's disposition. Nancy can maintain her character with her moral virtues that are full of kindness, courage, honesty, and loyalty. With those virtues, Nancy can live righteously and can make decisions in deciding what is good for her and for Oliver's life. Oliver can be free from criminals and get his happiness.

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Thomason, Matt. „Non-defendant bad character and s. 100 of the Criminal Justice Act 2003: A socio-legal analysis of admissibility gateways and trial tactics“. International Journal of Evidence & Proof 27, Nr. 1 (27.12.2022): 26–50. http://dx.doi.org/10.1177/13657127221140459.

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This article presents a socio-legal analysis of the use of non-defendant bad character evidence in Crown Court criminal trials in England. Combining an in-depth doctrinal analysis of s. 100 of the Criminal Justice Act 2003 with original qualitative empirical methods (interviews with trial counsel and observations of real Crown Court trials), the article explores the real-life practical operation of this rule of exclusion and its associated inclusionary exceptions, and the role that non-defendant bad character can have on trial tactics of counsel. In doing so, it argues that illogical Court of Appeal decisions on the use of bad character for credibility purposes are causing confusion in practice, that the ‘tit-for-tat’ gateway for defendant bad character is a more significant hurdle than s. 100 itself, and that counsel often eschew bad character applications for fear of alienating the jury.

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Ghasabe, Saemeh Ataee. „The Role of File Character in the Implementation of the Principle of Proportionality of Punishment to the Crime during the Trial Phase“. Journal of Politics and Law 9, Nr. 5 (29.06.2016): 214. http://dx.doi.org/10.5539/jpl.v9n5p214.

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The principle of proportionality of punishment to the crime represents completion of crime law for determining appropriate penalty, that is resulted from revolution of criminal justice in the way to considering the subject of criminal act and his personality. In fact, the correct response to against breaking norms needs to consider the question that "who did it" in spite of considering the act itself, it means that "what did the criminal do" or "what happened" by criminal prosecution authorities and specially courts and this time not only in terms of assign a criminal act to a person but also this means that what is the defendant's mental, physical structure and family history<strong> </strong>which could effect on his/her criminal characteristic is a necessary fact. File character that the necessity of formation was considered more in twentieth century, is called to a case that is formed besides file character and indicates information about general and special statues of criminal such as mental, family, educational and social condition. This file guide decision-makers and criminal justice to choose appropriate clinical methods and they will make appropriate criminal measures according to related information such as laboratory and conducted research in order to fulfill medical and correctness. In this research, we only study role of this file in trial phase.

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