Relevant bibliographies by topics / Legal, criminal

Academic literature on the topic 'Legal, criminal'

Author: Grafiati
Published: 27 July 2024
Last updated: 29 July 2024

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Journal articles on the topic "Legal, criminal"

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Gаrbatovich, D. A. "Measures of a Criminal-Legal Nature for the Commission of Illegal Non-Criminal Criminal-Legal Acts." Rossijskoe pravosudie 5 (April 17, 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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Huzela, Mykhailo. "Problems of applying criminal law measures to legal entities in the context of combating the commission of criminal offenses against participants in criminal proceedings." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 40 (December 18, 2023): 301–9. http://dx.doi.org/10.23939/law2023.40.301.

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The article is devoted to the problem of the application of criminal law measures to a legal entity in the context of the study of individual criminological problems of prevention and countermeasures against the commission of criminal offenses against participants in criminal proceedings. The article draws attention to the fact that the commission of a criminal offense is not the only and exclusive reason for the possibility of applying some other criminal-legal measures provided for by the Criminal Code of Ukraine. In particular, the facts of committing certain acts that are only outwardly similar to a criminal offense can also be such a reason. In such a case, the problem of applying coercive criminal-legal measures against legal entities is worthy of attention, since the legal entity is not held criminally liable in the form of a punishment, but the state reacts in the form of criminal-legal measures. The application of criminal-legal measures against legal entities simultaneously with the prosecution of the perpetrator of a criminally illegal act is one additional means of combating the commission of criminal offenses, including regarding participants in criminal proceedings. The unconditional progressiveness of establishing in the current Criminal Code of Ukraine the norms on the application of measures of criminal legal influence to legal entities is confirmed, as evidenced by the successful experience of some member states of the European Union. The application of a specific measure of criminal legal influence to a legal entity is determined by the court in the indictment in which the natural authorized person is found guilty of committing on behalf and/or in the interests of such a legal entity one of the criminal offenses provided for in Art. 96-3 of the Criminal Code of Ukraine, and she was assigned a specific type and amount of punishment. The specified measures of a criminal legal nature are a specific means of bringing legal entities in criminal proceedings to the so-called "quasi-criminal responsibility", which is undoubtedly an additional tool for the prevention and prevention of criminal offenses, including and regarding subjects of criminal proceedings.
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Rohman, Syaifur. "Legal Liability Analysis for Defendants with Mental Disabilities." Ratio Legis Journal 1, no. 1 (June 12, 2022): 9. http://dx.doi.org/10.30659/rlj.1.1.9-15.

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This study aims to identify and analyze legal liability for criminals with mental disorders in the Wonosobo District Court Decision. The results showed that the perpetrators with mental disorders were proven legally and convincingly to commit the crime of sexual harassment, but because of the limited evidence and the role of psychiatrists, the judicial process became ambiguous and the judicial decision stated that the defendant's behavior did not meet the elements of responsibility, so that according to science criminal law the defendant cannot be held responsible for some. However, the attorney and the victim stated that the defendant has the ability to be held criminally responsible because Article 44 of the Criminal Code does not regulate the state of being unable to be partially responsible.
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Чан Тхи Ту Ань and Chan Tkhi Tu An. "CRIMINAL LIABILITY AS PROVIDED FOR UNDER THE LAWS OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF VIETNAM: AGE LIMITATIONS." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16142.

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Criminal responsibility is one of the types of legal responsibility. State agencies apply it to persons for the commission of a crime. Imposing of criminal penalties on a juvenile who has committed a socially — dangerous act is a challenging problem in criminal legislations in all countries. Age is one of a criminal’s mandatory basic characteristics that influences the differentiation of criminal responsibility for persons, who committed crime. The issue of determining the minimum and general age threshold for juveniles’ criminal responsibility is recognized to be a challenging problem. The article analyzes the importance of the age of criminals and the age of juveniles who commit crimes, for differentiation of their criminal responsibility, regulated by the Criminal Codes of the Russian Federation and the Socialist Republic of Vietnam. The author analyzes the problem of age determining when a person becomes criminally liable. The author provides recommendations on making alterations and amendments, related to determination of age limits for criminals, into the criminal legislations of Russia and Vietnam. The purpose of this article is the analysis of the age for criminal responsibility and the age of juveniles, the problem of lowering the minimum age of a criminal, and also the issue of dividing juveniles into several age groups. On the basis of the analysis, the author proposes improvements to the provision about the age of criminal responsibility in general, and the age of juveniles in particular.
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Fedorov, Aleksandr V. "THE HUNGARIAN LAWS ON BRINGING LEGAL ENTITIES TO CRIMINAL LIABILITY." Russian investigator 8 (August 21, 2019): 73–80. http://dx.doi.org/10.18572/1812-3783-2019-8-73-80.

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The article is dedicated to the issues of introduction of criminal liability of legal entities in Hungary. Attention is paid to the fact that the establishment of criminal liability of legal entities in this country has been largely caused by the need for bringing its national laws in compliance with the provisions of a number of acts of the European Union (EU) and its membership in the Organization for Economic Cooperation and Development (OECD). The Hungarian legal acts on criminal liability of legal entities are reviewed; the main of them are the special omnibus law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001 which came into effect on May 1, 2004, and contains provisions of criminal and criminal procedure law as well as the Hungarian Criminal Code 2012 which came into effect on July 1, 2013. It is indicated that under the Hungarian laws, a legal entity is a criminal liability subject criminal law measures are applicable to. At the same time, it is highlighted that not all legal entities can be held criminally liable. It is noted that criminal liability of legal entities is possible in case of any willful violation of the Hungarian Criminal Code by an individual acting in the interests of a legal entity in case of the presence of conditions stipulated by the law. Criminal law measures applicable to legal entities are named: liquidation, fine, restriction of activity. A conclusion is made that in Hungary, criminal liability of a legal entity is understood as application of criminal law measures to a legal entity by court in the course of a criminal procedure in the event of a willful crime (criminally punishable act) committed by an individual acting in the interests of the corresponding legal entity upon the presence of conditions stipulated by the law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001.
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Sheveleva, S. V. "LEGAL FIXING OF CRIMINAL CONCUSSION IN CRIMINAL LEGISLATION." Proceedings of the Southwest State University 21, no. 1 (February 28, 2017): 171–76. http://dx.doi.org/10.21869/2223-1560-2017-21-1-171-176.

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Criminal legislation concussion has various fixing forms: as a circumstance excluding crime act, as a punishment sign, as a crime sign of separate crime components. There are two types of concussion: concussion by circumstances and concussion by actions. The last always is done by a person. And it can be called criminal concussion. Such impact on other person as violence or threat, including threat of murder or causing heavy harm to health, mockeries and tortures is in the Criminal Code of the Russian Federation; destruction, damage or withdrawal of someone else's property or these actions threat; blackmail; use of material or other victim dependence; threat of data discrediting distribution or other data which can do essential harm to victim rights or legitimate his/her (his/her relatives) interests; bribery; persuasion; promises; deception or abuse of confidence; compulsion. The distinctive characteristic of such pressure is that criminals choos behavior seeking to avoid adverse consequences. It is possible to say that criminal concussion in criminal legislation can be fixed in such forms as threats, blackmail and violence. Persuasion, deception, deception or abuse of confidence aren’t forms of criminal concussion because victims' free will isn't limited.
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Maryano and Yuhelson. "The Legal Policy of Corporation Legal Standing as Rechtpersoon at Indonesian Criminal Justice System." Southeast Asia Law Journal 2, no. 1 (April 18, 2018): 19. http://dx.doi.org/10.31479/salj.v2i1.67.

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<p>Feature of corporation as activities-oriented for profit can lead to potential violations law or corporate crime. The criminal action corporations can arised because the impact of corporate activities arising from business contracts, product quality problems, failure of information technology systems and negligence of the administrative requirements for business licensing compliance. In other words, the legal entity of crime was often referred as corporate crime as violations committed by businesses to profit more quickly and maintains the company's reputation. The study concluded, first, the political dimension of the criminal law on corporation has general nature, that political criminal law founded in Criminal Code Bill which are oriented to the development of law by placing the corporation as a criminal, and need a codification law of Corporation. Second, The political criminal law also has special nature, which is found in 16 laws examined, in the contexts of criminal responsibility concepts and application of pattern of criminalas well as models of criminal sanctions can be imposed on perpetrators of criminal acts of the corporation.</p><p>Keywords: Corporate crime of law politics, legal standing, subject crime of law. <br /> <br /> <br /> <br /> <br /> <br /> <br /> </p>
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Arek, Bambang Lasimin, and Umar Ma'ruf. "Criminal Responsibility of Criminals Defamation on Advocate Name." Jurnal Daulat Hukum 3, no. 4 (February 13, 2021): 419. http://dx.doi.org/10.30659/jdh.v3i4.13622.

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The purpose of this research is to know and understand the legal responsibility of the criminal defamation against lawyers according to Islamic criminal law, to know and understand the legal responsibility of the criminal defamation against lawyers according to Indonesian criminal law as well as to know, understand and analyze the legal accountability of the perpetrators criminal defamation against advocates at the Law Supremacy & Associate law office in Police Report Number: LP / B / 115B / XI / 2019 / Jabar according to Islamic criminal law and Indonesian criminal law. The approach method used in this research is normative juridical. The research specification used in this research is descriptive analytical. The theory used in analyzing the above problems is the rule of law theory, the theory of legal certainty and the theory of criminal responsibility in Islamic law. The conclusion of this study is that legal responsibility for the perpetrators of criminal defamation against advocates according to Islamic law is a Ta�zir sentence in the form of a limited prison sentence, where the length of the sentence is handed over to Ulil Amri who examines the case, while according to Indonesian criminal law it is a prison sentence and fines. Legal accountability for perpetrators of criminal defamation against advocates in the Police Report Number: LP / B / 115B / XI / 2019 / Jabar, according to Islamic law, is punishable by Ta�zir in the form of limited prison. Meanwhile, according to Indonesian criminal law, the actions of suspects are subject to imprisonment and a fine, in accordance with the provisions of Article 311 paragraph (1) and Article 315 of the Criminal Code.�
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Sergey Toymentsev. "Legal but Criminal:." Comparative Literature Studies 48, no. 3 (2011): 296. http://dx.doi.org/10.5325/complitstudies.48.3.0296.

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Clark, J. R., and William L. Davis. "A Human Capital Perspective On Criminal Careers." Journal of Applied Business Research (JABR) 11, no. 3 (September 13, 2011): 58. http://dx.doi.org/10.19030/jabr.v11i3.5860.

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he existing economics literature has traditionally viewed crime as a choice-making process, where the potential criminal chooses among alternatives based upon the costs and benefits of each. Models by Becker, Rogers, Tullock, and Hellman, have generally portrayed the criminal choice equation as static and not allowed for the dynamic changes that may occur to the criminals aptitude, and income over long time horizons. This paper develops a dynamic choice model of criminal behavior over a criminal career including the acquisition process for both legal and criminal human capital. Psychic and monetary benefit and cost factors are discussed as well as the standard arguments concerning the probabilities of apprehension and convention. The model suggests that to alter the criminals choice pattern and, therefore, his education toward legal income-producing activities, the first instance of incarceration is the most crucial and that t(1) A learning multiplier exists for the criminal in both legal and illegal learning. (2) Greater segregation of prison populations by ordinal magnitude of offence could better separate criminal students from criminal mentors and further reduce criminal education. (3) Higher order legal skills training in the penal system may shift the education decision to legal educational pursuits. (4) Redefining the legal and constitutional rights afforded felons could increase the probability of repeat apprehension and reduce the incentive to repeat offenses.
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Dissertations / Theses on the topic "Legal, criminal"

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ALMEIDA, CARLOS ALBERTO GARCETE DE. "THE CRIMINAL LEGAL TREATMENT OF CRIMINAL ORGANIZATION IN BRAZIL." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2012. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=20969@1.

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FUNDAÇÃO ESCOLA SUPERIOR DO MINISTÉRIO PÚBLICO DE MATO GROSSO DO SUL
Tratar de tema tão relevante como a dimensão constitucional do tribunal do júri, com o fito de, em última instância, mostrar a razão por que se enquadra dentre os direitos fundamentais não é tarefa das mais singelas. É cediço que os direitos fundamentais decorrem de conquistas históricas que devem ser bem compreendidas e valoradas. São características principais dos direitos fundamentais a historicidade, a inalienabilidade, a indisponibilidade, a indivisibilidade e a imprescritibilidade. Não por outra razão, os direitos fundamentais são reputados os direitos básicos de uma sociedade que viva sob a égide do Estado Democrático de Direito, como, à guisa de exemplo, os direitos à vida, à liberdade, à propriedade, ao meio ambiente, à saúde, à educação, à cultura. Neste viés, busca-se, nesta dissertação, resgatar a evolução histórica do tribunal do júri até seu estádio atual, inserido na Constituição Federal de 1988 — a Carta Cidadã —, onde se encontra inserido como garantia fundamental do cidadão. Sem embargo das críticas lançadas contra os julgamentos populares, por decorrência do influxo da cultura positivista-normativa, é certo afirmar que essa instituição resistiu a todos os regimes ditatoriais e subsiste até os dias atuais, sendo o maior exemplo de arena na qual os princípios da ampla defesa e contraditório e da amplitude de defesa são exercitados à exaustão.
Addressing a topic as relevant as the dimension of the constitutional jury trial, aiming, as final instance to show the reason why it falls among the fundamental rights is not the simplest task. It s evident that fundamental rights are the result of historical achievements that must be understood and valued. Its historicity, inalienability, non-availability, indivisibility and imprescriptibility, are the main features of fundamental rights. For no other reason, fundamental rights are deemed basic rights of a society living under the aegis of a democratic state, as, by way of example, the rights to life, liberty, property, environment, health, education, culture. In this way, we seek to, in this work, to rescue the historical evolution of the jury to its current stage, inserted in the Constitution of 1988 - the Citizen Charter - where it is included as a fundamental guarantee of the citizen. Notwithstanding from the criticisms launched against the popular judgments, due to the influence of the positivist-normative culture, it is right to say that this institution has resisted all dictatorial regimes and continues until the present day, being the greatest example of arena in which the principles of contradictory and full defense and range of protection are exercised to exhaustion.
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FILHO, ROBERTO GURGEL DE OLIVEIRA. "THE CRIMINAL LEGAL TREATMENT OF CRIMINAL ORGANIZATIONS IN BRAZIL." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2012. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=21215@1.

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FUNDAÇÃO ESCOLA SUPERIOR DO MINISTÉRIO PÚBLICO DE MATO GROSSO DO SUL
O panorama de nossos dias, onde a criminalidade atingiu índices elevadíssimos, gera uma enorme preocupação na população mundial ante a proliferação de organizações criminosas especializadas em práticas de crimes graves que atingem bem jurídicos e direitos fundamentais como a vida, a paz pública, a liberdade em todas as suas esferas, o meio-ambiente, a saúde pública, a ordem econômica, a probidade administrativa, o voto direto, entre outros direitos. Diante dos ataques a bens jurídicos relevantes, o Estado, como tem se tornado costume, busca uma lei emergencial que possa criar tipos penais para solucionar e acabar com as ações criminosas destas organizações de maneira imediata. Ocorre que, tais normas não tem o poderio para enfraquecer o crime organizado no que diz respeito à sua estrutura financeira e ações delitivas. Com isso, tenta-se incutir nas sociedades a falsa idéia de combate às organizações criminosas de maneira efetiva. É dentro desta realidade que o trabalho inicia-se tratando da origem do crime organizado no Brasil bem como faz a análise das principais organizações criminosas brasileiras. Em seguida, estuda-se a legislação comparada sobre o tema e as diversas leis pátrias que tratam de associações criminosas, em especial a Lei 9.034/95 – Lei do Crime Organizado. A seguir, são realizados estudos de alguns projetos de leis em andamento no Congresso Nacional sobre o tema e uma sugestão de lei de combate ao crime organizado. Por fim, passa-se às considerações finais a cerca do tema a partir de um estudo científico e casuístico da matéria.
The overview of present days, where the criminality reached very high levels, creates a huge preoccupation on the world’s population front of the increase of specialized criminal organizations practicing felonies that reach legal rights and fundamental rights as life. Public peace, freedom in all levels, environment, public health, economical order, administrative integrity, the direct vote and many others are among these rights. Front of the attack on legal significant rights, the State, as it has been usual, searches for an emergency law that may create penal types to solve and end the criminal actions of these organizations in an immediate way. It occurs that such rules do not have the power to weaken the organized crime in its financial structure and outlaw actions. So, it has been tried to infuse in the societies the false idea of combat to the criminal organizations in an effective way. It is inside of this reality that begins the work treating with the origin of organized crime in Brazil as well analyzes the main Brazilian criminal organizations. Right after, it is studied the legislation compared the theme and the many laws that treat the criminal associations, especially Law 9.03495 – Law of Organized Crime. It has also been realized studies of some projects of laws in course in the National Congress about the theme and a suggestion of law to combat the organized crime. At last, final considerations about the theme whereof a scientific and casuistic study of the subject.
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Collett, Marisa Evelyn. "Criminal appearance and legal decision-making." FIU Digital Commons, 2000. http://digitalcommons.fiu.edu/etd/2406.

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Previous research has found that people are able and willing to assess whether an individual is a criminal or a non-criminal based on facial observations. What has not been looked at is whether an attribution of criminality could influence decisions as verdict choice, culpability, or punishment severity. The present study examined the effects of target photos that depicted pre-determined “bad guys” and “good guys” on legal decision-making. Participants viewed a case file of an armed robbery and attempted murder. Half the participants viewed a photo of a defendant who was previously deemed a “bad guy” and the other half a “good guy.” No differences were found in verdict preference; however, target photos of “bad guys” elicited higher estimates of the future likelihood that the defendant would commit this type of crime than target photos of good guys. Results indicate that target photos are perceived congruent to their pre-determined categories, but those perceptions were disregarded and participants based their decisions on other factors when making crucial legal decisions.
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Parsley, Stephen. "Rethinking Legal Retribution." Digital Archive @ GSU, 2011. http://digitalarchive.gsu.edu/philosophy_theses/98.

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In this paper I discuss retributivist justifications for legal punishment. I argue that the main moral retributivist theories advanced so far fail to support a plausible system of legal punishment. As an alternative, I suggest, with some reservations, the legal retributivism advanced by Alan Brudner in his Punishment and Freedom.
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Hussein, Nadia M. A. "Legal interpreting in the criminal system : an exploratory study." Thesis, De Montfort University, 2011. http://hdl.handle.net/2086/4990.

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Background: This research study investigates the position of legal interpreting within the England and Wales’ criminal justice system, as well as the status of legal interpreters. This study has been carried out with nine categories of personnel within the criminal justice system, comprising of judges, lawyers, clerks to the justices, magistrates, probation officers, police officers, prison officers, immigration officers and immigration advisory service officers, 186 number in total. Methods: a qualitative method of enquiry is adopted with questionnaires sent to the above categories, which formed the basis of nine questions used in semi-structured interviews with 38 members from the above categories. The categories were not equally represented, depending on access. These interviews have been considered as the major method of investigation. Participant observation is used as an informal method of enquiry for deepening contextualisation of the study. Themes: four main themes have emerged. They are: culture and communication, role and contradictory role of the interpreter, the position of the interpreter and context of interpreting barriers. Findings: the practice of interpreting is misunderstood and undervalued. The interpreter is not considered as an active participant in the legal process. The role of the interpreter is viewed in terms of a mechanical one, since interpreters are expected to interpret word for word without seeking clarifications of unclear utterance or concept. Implications of the study: criminal justice personnel need a deeper understanding of the practice of interpreting and the diverse role of the interpreter. The study highlights the professional status of interpreters. Proposals have been put forward for improvements to the present situation through statutory recognition and protection of title.
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Slavko, Anna Serhiivna, Анна Сергіївна Славко, and Анна Сергеевна Славко. "Some legal aspects of realization of principle of individual criminal responsibility in international criminal law." Thesis, Belarusian State Economic University, 2015. http://essuir.sumdu.edu.ua/handle/123456789/51091.

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Some legal aspects of realization of principle of individual criminal responsibility in international criminal law are discovered in the article
У статті досліджуються певні особливості реалізації принципу індивідуальної кримінальної відповідальності у міжнародному кримінальному праві
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Abissamra, Filho José Carlos. "Sobre ilegalidades do sistema jurídico criminal." Pontifícia Universidade Católica de São Paulo, 2017. https://tede2.pucsp.br/handle/handle/20463.

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Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2017-10-04T11:03:19Z No. of bitstreams: 1 José Carlos Abissamra Filho.pdf: 1027017 bytes, checksum: 87280348631952fc79a02adf3395ccc7 (MD5)
Made available in DSpace on 2017-10-04T11:03:19Z (GMT). No. of bitstreams: 1 José Carlos Abissamra Filho.pdf: 1027017 bytes, checksum: 87280348631952fc79a02adf3395ccc7 (MD5) Previous issue date: 2017-09-20
According to Michel Foucault’s studies (or, papers based on Michel Foucault studies), there are no defined limits between legality and illegality; legality and illegality do not necessarily oppose each other; on the contrary, their relationship is useful and functional. Legal system follows the same path that drives economics. Distancing itself from the speech which makes it legitimate, the legal system ends up not accomplishing its social goals, not granting safety and predictability, and not restraining itself. The principle of legality, when applied on everyday situations, ends up being used as a tool to violate rights, which means the opposite of sustaining economic order and safety (legal predictability), leading to vulnerability and unpredictability. That might be the reason why legal system’s legitimacy has been gradually challenged. Tolerance is one way to mitigate the legal system’s inaccuracy. Prior to installing a new criminal policy or before adhering to an already existing one, and, before approving a bill, models (legal prototypes) should be created, which could help to mitigate the effects of the legal system’s inaccuracy as well
Segundo estudos de (e a partir de) Michel Foucault, não há limites rígidos entre ilegalidade e legalidade; legalidade e ilegalidade não se opõem necessariamente; ao contrário, muitas vezes, relacionam-se numa articulação útil, funcional. O Direito segue os mesmos fluxos econômicos e políticos da ordem vigente. Distanciando-se do discurso que o legitima, o Direito não cumpre a sua finalidade de pacificação da sociedade; não confere previsibilidade e segurança; enfim, não se contém. O princípio da legalidade, quando aplicado no dia a dia, revela-se como uma autorização para violar direitos, o que significa o contrário de sustentação da ordem econômica e segurança, mas vulnerabilidade e falta de previsibilidade. É provavelmente por isso que a legitimidade do Direito tem sido gradativamente questionada. Tolerância é uma forma de mitigar os efeitos da inidoneidade do Direito; da mesma forma, protótipos legais antes de instalar uma nova política criminal ou de aderir a uma já existente, ou, antes de aprovar um projeto de lei, também poderia ser uma forma de mitigar os efeitos da inidoneidade do Direito
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Bekou, Olympia. "International criminal justice at the interface : the relationship between international criminal courts and national legal orders." Thesis, University of Nottingham, 2005. http://eprints.nottingham.ac.uk/13411/.

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International criminal courts do not operate to the exclusion of national legal orders, but co-exist with them. The present thesis provides an in-depth analysis of the above relationship. By examining the concepts of primacy and complementarity on the basis of which the ad hoc international criminal Tribunals and the permanent International Criminal Court seize jurisdiction, the foundations of the interface are explored. As effectiveness is a key concept to international criminal justice, the relationship between international criminal courts and national legal systems is tested, by examining the co-operation regimes envisaged in the Statutes of both the Tribunals and the ICC, as well as the problems that arise in practice. Moreover, the way the UN Security Council affects State interplay with international criminal justice institutions is crucial for a holistic understanding of the limitations of the interaction. The final part of the thesis focuses on national incorporation efforts and provides a detailed analysis of implementing legislation of a number of key States with a view to discerning some common approaches and highlighting problem areas. The present thesis argues that despite the different constitutional bases of the Tribunals and the ICC, similar questions of interface with national courts arise and the challenges presented could be better tackled by aiming for a "functional or workable interaction". Overall, the originality of this thesis lies in its analytical approach. By scrutinising a number of crucial aspects of the relationship between international criminal courts and national legal orders an overview of the research question posed is achieved. Moreover, the examination of the legal principles and their practical application is complemented by a comprehensive discussion of national implementing legislation which has not previously been attempted in a similar manner. [Files associated with the accompanying CD-ROM (print version) are available on request to subject librarian.]
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Halvarsson, Daniel. "The Suspect and Mutual Legal Assistance : A legal analysis of the rights of the individual in the suppression of transnational organised crime." Thesis, Uppsala universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-260044.

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The suppression of transnational organised crime has continued to rise on the agenda of the international community and is today an affirmed goal of most states. To increase the effectiveness of suppression, it is necessary for states to cooperate across borders in criminal investigations. The legal regime by which this is done is called mutual legal assistance, MLA, and is one of the most practically important developments in public international law over recent decades. The development however has led to several unanswered questions regarding the position of the individual in the procedure. Those are manifested in three main areas, namely; the requirements for employment of MLA; the application of exceptions and; human rights protection.   This thesis elaborates on and analyses the balance between effectiveness in formal international law enforcement and the protection of fundamental rights in such procedures in the three main ambiguous areas.   The analysis points to the importance of the principle of reciprocity for effective cooperation and argues that the conditions for MLA should not be altered. It argues that the number of exceptions shall be kept at a minimum. However, the efforts to abolish the exception for offences of a political nature should be halted or at least approached with more caution. This is true also of when concerning terrorism offences.   The analysis shows that the protection available to the person whom the MLA request concerns is inadequate. There is an urgent need to reform the system in that respect, in particular by opening channels of complaint.   The final conclusion is that, in light of the unquestionable importance of MLA in the suppression of transnational organised crime, it is possible to make limited reform in the areas of human rights and the guarantee of a right to a fair trial without jeopardising the necessary effectiveness of the system.
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Huber, Hans-Peter. "Recent Legal Developments to Enhance Corporate Liability for Criminal Wrongdoing." Universität Leipzig, 2020. https://ul.qucosa.de/id/qucosa%3A70816.

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Due to the coalition agreement of CDU/CSU and SPD the German Government shall implement a new act on corporate criminal liability before the end of the current election period. After an informal draft from the ministry in lead, the BMJV, was leaked to the public this issue is frequently discussed in the media. The author tries to give an overview on the main items of the draft law, the major concerns against it and the mediating draft of the Munich Concept.
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Books on the topic "Legal, criminal"

1

Office, Northern Ireland Audit. Managing criminal legal aid. Belfast: Stationery Office, 2011.

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Marano, Richard M. Connecticut criminal legal forms. Hartford, Conn: Atlantic Law Bk. Co., 1999.

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Alberta. Alberta Education. Learning Technologies Branch. Legal studies 3080: Criminal law. Edmonton: Alberta Education, Learning Technologies Branch, 2006.

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Kleymenov, Mihail, Ivan Kleymenov, and Margarita Kozlovskaya. Criminal community:criminological and legal analysis. ru: INFRA-M Academic Publishing LLC., 2022. http://dx.doi.org/10.12737/1905567.

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The monograph is devoted to comparative criminological and comparative legal analysis of the criminal community as a specific form of organized crime. It is proved that the criminal community cannot be reduced to a criminal organization, and even more so to an organized criminal group. It is shown that criminal communities in various states have common, meeting modern challenges, and specific features due to national-ethnic mentality and peculiarities of state-legal development. Various concepts of the fight against organized crime are considered, criminal and legal measures to counter the activities of terrorist, extremist and ordinary criminal communities are proposed. For specialists in the field of criminal law sciences, teachers, postgraduates, students and undergraduates of law schools, law enforcement officers.
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Kelly, Mary Ann, 1948- author, ed. Criminal law for legal professionals. Toronto, Canada: Emond Montgomery Publications, 2014.

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board, Legal Aid. Legal aid for criminal offences. London: Legal Aid Board., 1989.

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Great Britain. Parliament. House of Commons. Committee of Public Accounts. Expenditure on criminal legal aid. London: HMSO, 1992.

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Office, Great Britain Scottish. Criminal legal aid review: Consultation paper. Edinburgh: Scottish Office, 1993.

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Pearce, Carol, and Rex T. Shana. Criminal procedure for legal practitioners manual. Harare: Law Society of Zimbabwe, 2014.

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Federal Law Enforcement Training Center. Legal Division. Legal Division handbook. Glynco, Ga: Federal Law Enforcement Training Center, 2010.

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Book chapters on the topic "Legal, criminal"

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Murphy, Ryan, and Frances Burton. "Criminal Justice." In English Legal System, 305–34. Abingdon, Oxon ; New York, NY : Routledge, 2020. | Series: Spotlights: Routledge, 2020. http://dx.doi.org/10.4324/9781315768526-11.

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Peng, Hao. "Criminal Law." In China's Legal System, 87–117. Singapore: Springer Nature Singapore, 2023. http://dx.doi.org/10.1007/978-981-19-8994-0_4.

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Bowden, Ian, and Zaman F. Kala. "Criminal Courts." In Essential Legal System and Legal Services for SQE1, 101–16. London: Routledge, 2024. http://dx.doi.org/10.4324/9781003435525-13.

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Ross, Drew. "The Legal Criminal." In Looking into the Eyes of a Killer, 155–60. Boston, MA: Springer US, 1998. http://dx.doi.org/10.1007/978-1-4899-6088-7_15.

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Feng, Chuan, Leyton P. Nelson, and Thomas W. Simon. "Criminal Law." In China’s Changing Legal System, 165–83. New York: Palgrave Macmillan US, 2016. http://dx.doi.org/10.1057/9781137452061_10.

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Dong, Xiaobo, and Yafang Zhang. "Criminal Law." In On Contemporary Chinese Legal System, 129–59. Singapore: Springer Nature Singapore, 2023. http://dx.doi.org/10.1007/978-981-99-2505-6_7.

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Verdolini, Valeria. "Deviance/The Criminal Question/Security." In Legal Feminism, 51–66. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003296263-6.

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Bauman, Richard W. "Criminal Law and Criminology." In Critical Legal Studies, 93–100. New York: Routledge, 2021. http://dx.doi.org/10.4324/9780429044793-12.

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Ingram, Jefferson L. "Trial Procedure and Legal Rights." In Criminal Procedure, 559–605. 3rd ed. New York: Routledge, 2022. http://dx.doi.org/10.4324/9780429352973-13.

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Lorizzo, Tina. "Criminal justice." In Community Courts and Postcolonial Legal Pluralism, 19–51. London: Routledge, 2024. http://dx.doi.org/10.4324/9781003453505-2.

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Conference papers on the topic "Legal, criminal"

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"Criminal Legal Aid: Problematics on Legal Professionalism." In 2020 International Conference on Social Sciences and Social Phenomena. Scholar Publishing Group, 2020. http://dx.doi.org/10.38007/proceedings.0001158.

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Милова, Ирина Евгеньевна, Анастасия Анатольевна Саликова, and Владимир Алексеевич Ржевский. "MECHANISMS OF CRIMINAL-LEGAL COUNTERACTION TO CRIMINAL CASHING OUT." In Научные исследования в современном мире. Теория и практика: сборник избранных статей Всероссийской (национальной) научно-практической конференции (Санкт-Петербург, Июнь 2021). Crossref, 2021. http://dx.doi.org/10.37539/nitp317.2021.50.16.002.

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Статья посвящена актуальной проблеме, связанной с попыткой ряда предпринимателей избежать уплаты налогов. В этой связи они прибегают к услугам криминальных лиц, которые за определенный процент осуществляют обналичивание. Подобные злоупотребления наносят колоссальный ущерб экономической системе России, что требует принятия комплекса мер, в том числе, уголовно-правовой направленности. The article is devoted to the actual problem related to the attempt of a number of entrepreneurs to avoid paying taxes. In this regard, they resort to the services of criminal persons who cash out for a certain percentage. Such abuses cause enormous damage to the economic system of Russia, which requires the adoption of a set of measures, including criminal law.
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MH, Herlina Manullang SH. "Indonesia Criminal Policy Prevention Of Criminal People Trading In Human Right Perspective." In ILC 2017 - 9th UUM International Legal Conference. Cognitive-Crcs, 2018. http://dx.doi.org/10.15405/epsbs.2018.12.03.7.

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Milošević, Milan. "CRIMINAL LAW PROTECTION OF DIPLOMATIC REPRESENTATIVES: TRADITION, CRIMINAL AND INTERNATIONAL CRIMINAL LAW." In Tradicija, krivično i međunarodno krivično pravo. Srpsko udruženje za međunarodno krivično pravo, 2024. http://dx.doi.org/10.46793/tkmkp24.201m.

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There are several reasons why it is necessary to return again and again and critically evaluate the problems of criminal legal protection of diplomatic representatives in national and international criminal law. The same applies to the incrimination of endangering an internationally protected person, which has existed in the legislation of the Republic of Serbia since 1990. The essential international legal framework of that incrimination is contained in the UN Convention on the Prevention and Punishment of Crimes against. Internationally Pro- tected Persons, including Diplomatic Agents from 1973. The criminal offense of endangering an internationally protected person was omitted from our legislation in the period from 2005 to 2012, and in the mean- time its name and legal description have been changed several times. Despite this, the level of criminal protection of diplomatic representa- tives in Serbia has always been high and harmonized with the appro- priate norms of both customary and written international law.
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Li, Qingquan, Qifan Zhang, Junjie Yao, and Yingjie Zhang. "Event Extraction for Criminal Legal Text." In 2020 IEEE International Conference on Knowledge Graph (ICKG). IEEE, 2020. http://dx.doi.org/10.1109/icbk50248.2020.00086.

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Toktomatov, Altynbek. "Criminal measures impact against legal entities." In Development of legal systems in Russia and foreign countries: problems of theory and practice. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02061-6-256-263.

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The article examines the institution of compulsory measures of criminal law against legal entities introduced in the Kyrgyz Republic. Some arguments of supporters and opponents of the introduction of this institution in Russia are presented. The procedure for bringing legal entities to administrative responsibility is subjected to comparative legal analysis.
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Puchkov, D. V., and D. Yu Goncharov. "Criminal legal background of cyberspace management." In Proceedings of the 1st International Scientific Conference "Modern Management Trends and the Digital Economy: from Regional Development to Global Economic Growth" (MTDE 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/mtde-19.2019.78.

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"CRIMINAL LEGAL CHARACTERISTIC OF LOAN FRAUD." In Current Issue of Law in the Banking Sphere. Samara State Economic University, 2019. http://dx.doi.org/10.46554/banking.forum-10.2019-42/50.

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"CRIMINAL LEGAL RESPONSE TO CREDIT CRIMES." In Current Issue of Law in the Banking Sphere. Samara State Economic University, 2019. http://dx.doi.org/10.46554/banking.forum-10.2019-137/143.

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Shamsutdinov, O. V. "Combating biological terrorism: criminal-legal aspect." In EUROPEAN POTENTIAL FOR THE DEVELOPMENT OF LEGAL SCIENCE, LEGISLATION AND LAW ENFORCEMENT PRACTICE. Baltija Publishing, 2023. http://dx.doi.org/10.30525/978-9934-26-334-7-33.

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Reports on the topic "Legal, criminal"

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Metzger, Pamela R., Claire Buetow, Kristin Meeks, Blane Skiles, and Jiacheng Yu. Greening Criminal Legal Deserts in Rural Texas. SMU Dedman School of Law, December 2022. http://dx.doi.org/10.25172/dc.10.

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Texas’ rural communities urgently need more prosecutors and public defense providers. On average, Texas’ most urban areas have 28 lawyers for every 100 criminal cases, but rural areas only have five. Many rural prosecutor’s offices cannot recruit and retain enough staff. The Constitution’s promise of equal justice for all remains unfulfilled. Rural Texans charged with misdemeanors are four times less likely to have a lawyer than urban defendants. In 2021, only 403 rural Texas lawyers accepted an appointment to represent an adult criminal defendant. In 65 rural counties, no lawyer accepted an appointment. And the problem is getting worse. Since 2015, Texas has lost one-quarter of its rural defense lawyers. Many of them retired and have not been replaced.
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Mastrobuoni, Giovanni, and Paolo Pinotti. Legal Status and the Criminal Activity of Immigrants. W.E. Upjohn Institute, January 2014. http://dx.doi.org/10.17848/wp14-212.

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Bunn, Sarah, and Penelope Brown. Age of Criminal Responsibility. Parliamentary Office of Science and Technology, June 2018. http://dx.doi.org/10.58248/pn577.

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A POSTnote that discusses the age of criminal responsibility and explores issues arising from international legal standards, the scientific research on children's mental and moral development, and alternative approaches to dealing with children in conflict with the law.
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Lacoe, Johanna, Brett Fischer, and Steven Raphael. The Effect of Pre-Arraignment Legal Representation on Criminal Case Outcomes. Cambridge, MA: National Bureau of Economic Research, May 2023. http://dx.doi.org/10.3386/w31289.

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Ovcharov, A. V. On criminal law approaches to the assessment of «friendly fire». DOI CODE, 2021. http://dx.doi.org/10.18411/2074-1944-2021-0165.

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The article is devoted to the consideration of the phenomenon of «friendly fire» in modern military conflicts and the development of general criminal-legal approaches to its assessment. The article analyzes the causes of «friendly fire», discusses its types and provides the most famous cases of «fire on their own» in military history. Еhe article contains recommendations for determining the guilt of persons who committed cases of «friendly fire» and compares the phenomenon under consideration with the criminal-legal category of extreme necessity
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Li, Richard. LegalOne Blue Ribbon 2024 (China): Highly recommended 15 for business crime and criminal compliance. LegalOne Global Limited, June 2024. http://dx.doi.org/10.62436/a-1717126669403.

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LegalOne is well aware of this global commonality and regional specificity within the industry landscape. Therefore, we focus not only on the globally common and enduring areas of legal services but also keenly observe the changes and characteristics of the legal services industry in different jurisdictions. Born from this context is the Blue Ribbon award, which aims to recognise lawyers who have achieved outstanding success in the key and prominent areas of the local legal services market over the past year.
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Bolton, Laura. Criminal Activity and Deforestation in Latin America. Institute of Development Studies (IDS), December 2020. http://dx.doi.org/10.19088/k4d.2021.003.

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This review examines evidence on criminal deforestation activity in Latin America (particularly, but not exclusively the Amazon) and draws from the literature on the lessons learned in combatting criminal deforestation activity. This review focuses on Brazil as representative of the overwhelming majority of literature on criminal activity in relation to deforestation in the Amazon. The literature notes that Illegal deforestation occurs largely through criminal networks as they have the capacity for coordination, processing, selling, and the deployment of armed men to protect operations. Bribery, corruption, and fraud are deeply ingrained in deforestation. Networks may bribe geoprocessing experts, police, and public officials. Members of the criminal groups may become council members, mayors, and state representatives. Land titles are fabricated and trading documentation fraudulent. The literature also notes some interventions to combat this criminal deforestation activity: monitoring and law enforcement; national systems for registry and monitoring; legal enforcement for compliance of environmental law; International agreements and action; and Involving indigenous communities in combatting deforestation.
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Metzger, Pamela R., Kristin Meeks, and Jessica Pishko. Greening the Desert. SMU Dedman School of Law, September 2020. http://dx.doi.org/10.25172/dc.1.

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Greening the Desert brings a criminal justice lens to the phenomenon of legal deserts in small, tribal, and rural (STAR) communities—vast areas with few, if any, practicing attorneys. The report explores STAR criminal justice communities and describes strategies and initiatives to green these criminal law deserts. Using case studies, the report offers concrete examples of successful innovations. It also includes cautionary notes about risks that may arise with the implementation of strategies to recruit, train, and retain STAR practitioners.
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Ovcharov, A. V., and A. V. Kozlov. Criminal-legal and organizational means of countering the restriction of competition in the conditions of digitalization of the economy. DOI СODE, 2022. http://dx.doi.org/10.18411/doicode-2023.091.

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Ovcharov, A. V. Criminal-legal and organizational means of countering the re- striction of competition in the conditions of digitalization of the economy. DOI СODE, 2022. http://dx.doi.org/10.18411/doicode-2023.092.

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