Journal articles on the topic 'Legal, criminal'
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1
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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Диана Викторовна, Шаблинская. "CRIMINALLY-LEGAL IMPACT AS A SOCIO-CULTURAL PHENOMENON." NORTH CAUCASUS LEGAL VESTNIK 1, no. 2 (June 2023): 149–55. http://dx.doi.org/10.22394/2074-7306-2023-1-2-149-155.
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The article is devoted to topical issues of criminally-legal impact, which is substantiated and considered as a sociocultural phenomenon. The purpose of this study is to form new scientific knowledge about the criminally-legal impact using the sociocultural approach as the methodological basis of the study and to identify the main directions for understanding and improving the measures of criminal legal impact at the present stage of society development. The methodological basis of the study is a socio-cultural approach to legal phenomena, using comparative historical, system analysis, axiological and other methods of scientific knowledge. The patterns of understanding of punishment in the socio-cultural context are revealed. The modern understanding of punishment as a form of realization of criminal responsibility is determined. The development of the restorative-compensatory potential of the criminal-legal impact is substantiated. The task of searching for a universal value basis for measures of state coercion in criminal law is formulated. Based on the socio-cultural approach, it is proposed to determine the prospects for the development of criminally-legal impact and criminal law.
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Joko Sriwidodo and M.S. Tumanggor. "Regulation of Corporate Criminal Liability According To Law Number 1 Year 2023 On The Criminal Code." KRTHA BHAYANGKARA 18, no. 1 (April 30, 2024): 197–214. http://dx.doi.org/10.31599/krtha.v18i1.1650.
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Corporation as a subject of criminal law that can be held criminally responsible is not known in the old Criminal Code. This is because the old Criminal Code is a legacy of the Dutch colonial government whose legal system adheres to the Continental European legal system (civil law). Countries that adhere to the civil law legal system are a little behind in terms of regulating corporations as subjects of criminal law, in contrast to countries that adhere to the common law legal system, which has regulated corporate liability and this has started since the industrial revolution. In Indonesia itself, the regulation on corporation as a subject of criminal law is regulated in the Law outside the Criminal Code. Meanwhile, the new Criminal Code has regulated corporations as legal subjects that can be held criminally liable. As regulated in Article 45 to Article 50, Article 56, and Articles 118 to 124 of Law No. 1 of 2023 on the Criminal Code. Although prior to the enactment of Law No. 1 of 2023 on the Criminal Code there was already Perma No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations and Regulation of the Attorney General of the Republic of Indonesia Number PER-28/A/JA/10/2014 concerning Guidelines for Handling Criminal Cases with Corporate Legal Subjects. Prior to the issuance of the regulation, the Attorney General's Office had first issued Circular Letter of the Attorney General of the Republic of Indonesia Number B-036/A/FT.1/06/2009 regarding Corporations as Suspects/Defendants in Corruption Crimes addressed to the Head of High Prosecutors throughout Indonesia. Thus, Corporations as a subject of criminal law can already be held criminally liable with the strength and legal certainty stipulated in the New Criminal Code.
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Djubina, Jelena. "THE GENESIS OF THE CRIMINAL'S PERSONALITY IN THE DIGITAL AGE." ENVIRONMENT. TECHNOLOGIES. RESOURCES. Proceedings of the International Scientific and Practical Conference 4 (June 22, 2024): 79–82. http://dx.doi.org/10.17770/etr2024vol4.8189.
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The aim of this research is to analyze and understand the issues of a criminal's personality in the digital age to promote more effective crime prevention. It aims to analyze contemporary problems and challenges related to the identification of criminal individuals in the context of digital technologies. This research can contribute to criminology, sociology, and psychology by elucidating how the use of such technology can impact the fight against criminally inclined individuals through digital identification means. The tasks of the research involve analyzing the influence of the digital era on the genesis of a criminal's personality in the mechanism of criminal acts. The novelty of the research is linked to the concentration of the crime prevention system on exploring the mechanism of forming a criminal's personality in the digital age. The research approach will enable a deeper understanding of how the digital era influences the potential formation of personality. The research will employ methods such as theoretical methods based on the analysis of scientific research and publications, exploration of criminal identification processes in the field of digital technology, and the use of content analysis to assess the effectiveness of applied identification technologies. The author assumes that digital technologies provide powerful tools for identifying criminals but are associated with several legal issues. A balance between the use of digital technology, the effectiveness of appropriate methods, and respect for human rights and freedoms is crucial. Recommendations will be provided in the conclusion, focusing on improving legal regulations for identification technologies, considering the identified problems. An analysis of the effectiveness of existing methods and technologies will also be conducted, addressing ethical and legal issues. A special training program and implementation procedure for law enforcement agencies on the ethical and legal aspects of using digital identification methods will be proposed.
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Izydorczyk, Jacek. "Prawda w procesie karnym." Acta Universitatis Lodziensis. Folia Iuridica, no. 73 (January 1, 2014): 111–16. http://dx.doi.org/10.18778/0208-6069.73.07.
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The article Truth in criminal trial points out great importance of facts in every criminal procedure. The author presents a new look at some legal regulations in Poland. For example he strongly criticizes laws (and practice!) which forbid disclosure of a criminal’s personal data. It is just unfair towards decent citizens because they might be future victims of such criminals. By the way: veritatem sequi est tueri iustitiam.
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Angelutsa, N. P., and A. S. Negoda. "Combating organized crime with criminal legal measures." Uzhhorod National University Herald. Series: Law 2, no. 80 (January 20, 2024): 11–15. http://dx.doi.org/10.24144/2307-3322.2023.80.2.1.
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One of the main functions of the state is to ensure the safety of the individual, society and the state. In Ukraine, organized crime is one of the primary threats to national security. Criminal law norms, which are norms - prohibitions, affect the effectiveness of counteraction by law enforcement agencies and special services to organized crime as a socially dangerous, historically changing, relatively mass, social phenomenon. It should be noted that in the conditions of martial law, manifestations of terrorism, banditry, the creation of illegal paramilitary, armed formations, and criminal communities pose a direct threat to national security. Changes in its level, structure, and dynamics (increasingly) are evidenced by statistical data, in particular, the number of recorded criminal offenses. The purpose of the article is to analyze the criminal law norms that establish criminal responsibility for the commission of offenses in organized forms, and based on the analysis to show a comprehensive vision of the possible criminal law consequences for the person guilty of committing the specified illegal acts.
Elucidation of the concept of organized crime as a criminological phenomenon, identification of organized forms of committing criminally illegal acts, limits of responsibility of each of the accomplices (perpetrator, organizer, accomplice, instigator). Determination of the specifics of criminal liability and the rules for imposing punishment on persons who, as part of an organized group or criminal organization, committed a serious or particularly serious crime, combined with violence against the victim, during the performance of a special task to prevent or uncover the criminally illegal activities of these associations. Expanded definition of the concept of «organizer», analysis of articles of the Criminal Code establishing responsibility for various types of organized associations (criminal organization, criminal community, gang, terrorist group or terrorist organization, paramilitary or armed formation), determination of dispositions of criminal law norms, where «organized group» is a qualifying or particularly qualifying feature of the composition of a criminal offense undoubtedly affects the effectiveness of combating the phenomenon of organized crime. But the terminological inconsistency of individual normative legal acts does not help, and in some places complicates it, and does not provide an opportunity to clearly define all the components of organized crime in order to increase the effectiveness of the application of criminal law measures to combat crime as one of the directions of state policy.
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Vorobiev, Vladimir Yurievich. "International legal foundations of criminal proceedings against minors." Uchenyy Sovet (Academic Council), no. 9 (August 28, 2023): 573–78. http://dx.doi.org/10.33920/nik-02-2309-07.
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The article deals with the international legal participation of a minor in criminal proceedings. It is shown that age-related vulnerability and immaturity inherent in minors require additional legal guarantees in criminal proceedings. The personal characteristics of juvenile criminally prosecuted persons, victims, and witnesses and their limited procedural capacity can be considered as sufficient grounds for involving additional participants in the criminal process. Objectively, there is a need for legal and individual regulation of the relevant criminal procedural relations in law enforcement.
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Zarubina, K. A. "The Criminal Law Foundations of the Fight against Professional Crime in Soviet Russia in the 1917-1920s." Juridical science and practice 20, no. 1 (May 22, 2024): 24–31. http://dx.doi.org/10.25205/2542-0410-2024-20-1-24-31.
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The article examines the issues of the development of domestic criminal legislation in the early years of the establishment of Soviet power to combat one of the most dangerous threats to public security of the country – professional crime. In the course of a comparative legal study of the most important normative legal acts regulating criminal law relations, the main means of bringing professional criminals to criminal responsibility have been identified. It is determined that in the Soviet criminal legislation there was a «special» article for «professionals», which toughens the punishment for committing a crime not just by a criminal, but by real professional criminals. However, within the framework of the established legal system and the practice of bringing to justice for the systematic nature of criminal activity that developed back in the pre-revolutionary period, this innovation did not «catch on». The concept of «professional criminal» was removed from the law, and the repetition of criminal activity began to be determined by the legislator using other concepts familiar to domestic criminal legislation, such as recidivism, fishing, repetition, systematic, etc. However, these institutions of criminal law did not fully allow the detection of professional crime among other types of crime, as a result of which legal measures to counter this type of crime in practice demonstrated insufficient effectiveness of implementation.
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Žatecká, Eva. "Selected aspects of criminal liability of legal persons." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, no. 7 (2013): 2983–88. http://dx.doi.org/10.11118/actaun201361072983.
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This paper will address issues of corporate criminal liability in terms of enterprises. Criminal liability of legal persons is now a major problem that must deal the enterprises with. The contribution points out the major issues associated with this topic when the legal person may be held criminally responsible and how we can prevent such criminal liability. This issue arises with several questions that need to be pointed out. For example, what are the conditions of the criminal liability of the enterprises, which criminal offenses can be committed, or is it possible to prevent such criminal responsibility, etc. These issues will be the subject of discussion and contribution to current findings. The issue is very new; we have the new act on criminal liability of legal persons effective from 1st January 2012, so the author hopes this paper brings some new solutions and possible matters for discussions.
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Góralski, Piotr. "Kwestia dopuszczalności stosowania środków zabezpieczających w stosunku do nieletnich sprawców czynów karalnych. Część II." Nowa Kodyfikacja Prawa Karnego 39 (November 22, 2016): 31–54. http://dx.doi.org/10.19195/2084-5065.39.3.
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Admissibility of precautionary measures against juvenile criminals Part IIThis article discusses the admissibility of precautionary measures against juvenile criminals. It refers to both juvenile offenders charged as adults pursuant to Art. 10 § 2 of the Criminal Code and 15–16-year-old offenders charged pursuant to the provisions of the Procedures in Legal Actions against Juveniles Act of 1982. The article presents the legal status concerning this issue in the period from 1997 to 2015 and relevant changes in the legal regulations concerning precautionary measures introduced by the amendment of the Criminal Code of 20th February 2015.A thesis formulated in the paper discussed here is that only one type of precautionary measure, which is confiscation, may be used against juveniles subject to the regulations of the Procedures in Legal Actions against Juveniles Act. In relation to juveniles charged under the Criminal Code only the precautionary measures which do not interfere with the provisions of Article 3 of the Criminal Code providing for the rule of humanitarian use of criminal penalties should be implemented. It refers mainly to these forms of isolation precautionary measures which would apply to juvenile criminals after serving imprisonment.
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Veresha, Roman. "Criminal and legal characteristics of criminal intent." Journal of Financial Crime 24, no. 1 (January 3, 2017): 118–28. http://dx.doi.org/10.1108/jfc-02-2016-0013.
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Purpose This paper aims to consider the problems related to criminal legal characteristics of the crime objective and to analyze specific features of the crime objective as the subjective aspect of crime. Design/methodology/approach Research methodology used in studying the criminal legal characteristics of the crime objective was based on the dialectical method of scientific cognition of the social and legal phenomena, its laws and categories. The author used general scientific research methods, systematic, historical, logical and functional, and observation, analysis, comparison and the empirical sociological method. Findings Definition of the crime objective as one of the subjective aspects related to the socially dangerous act will be helpful to detect the real causes of crime and to apply the right type and term of punishment. The crime objective should be understood as the important, well-defined features of conscious mental image of the future desired result, which determines the orientation and order of various actions aimed at crime commitment. Originality/value The paper substantiated the need to determine crime objective as one of the signs of the subjective aspect of crime. This will reveal the real causes of crime and apply the right type and term of punishment. It was established that the crime objective was a psychological phenomenon, and the question of its analysis and study had to be settled with regard to psychology and criminology, which will influence its cognition. The paper provided a definition of crime objective. Based on a scientific approach to the theoretical definition of the objective in the criminal law and the place in the subjective aspect of crime, the author presumed that crime objective had to be regarded as an optional feature of the subjective aspect of crime.
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Kolomiets, N. V., and A. V. Brovko. "Criminal-legal characteristics of military criminal offenses." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 574–78. http://dx.doi.org/10.24144/2788-6018.2024.02.97.
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The article emphasizes that the topic of military criminal offenses is extremely relevant in the context of violations of legality and discipline in the military sphere. Taking into account the change in the geopolitical environment, the increase in threats to national security, the spread of armed conflicts and hostilities, these problems become especially important. It is noted that the legislation establishing liability for military offenses has many problems in this area, because the conflict between criminal and administrative liability of military personnel remains unresolved, there is no clear definition of the subject and object of military criminal offenses. The relevance of the study is emphasized by the fact that after the fullscale invasion of Russia in the Ukraine, there is a tendency to spread criminal offenses against the established order of military service (military criminal offenses). According to statistics, during the first half of 2022, their number increased from 1.6 thousand in 2021 to 6017 thousand, which means an increase of 370%. However, the number of criminal proceedings sent to court with an indictment increased by only 22%. These statistics show the prevalence of such criminal offenses as: Art. 407 ("Unauthorized abandonment of a military unit or place of service”), Art. 408 ("Desertion”) and Art. 402 ("Disobedience”) of the Criminal Code of Ukraine. During 2022, a total of 4350 were recorded, compared to 71 in 2021. 664 criminal proceedings were sent to court [1]. This indicates that legislative regulation in the context of the military aggression of the Russian Federation, which poses a threat to the existence of Ukraine as an independent democratic state, should be aimed at overcoming shortcomings in regulations establishing legal responsibility for war offenses. Within the framework of the study, the signs of military criminal offenses and their types by the object of encroachment were established, the subjective and objective signs of the criminal composition of this group of offenses were analyzed, in particular, attention was focused on the peculiarities of the composition of individual military criminal offenses.
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Leunupun, Frits Jesaldi, Sherly Adam, and Iqbal Taufik. "Perlindungan Hukum Terhadap Pelaku Tindak Pidana Yang Menjadi Korban Penganiayaan Massa." TATOHI: Jurnal Ilmu Hukum 2, no. 11 (January 31, 2023): 1140. http://dx.doi.org/10.47268/tatohi.v2i11.1452.
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Introduction: Indonesia as a state of law is obliged to provide legal protection for citizens who get acts of violence or persecution both as perpetrators and as victims of criminal acts.Purposes of the Research: This study aims to analyze and discuss legal protection arrangements for criminals who are victims of mass persecution in criminal law in Indonesia and analyze and discuss forms of legal protection for criminals who are victims of mass persecution. Methods of the Research: The research method used is normative juridical research. The problem approach used is the statutory approach, the conceptual analysis approach and the case approach. The legal materials used are primary and secondary legal materials. The collection technique uses a literature study as well as processing techniques and analysis of legal materials through description using qualitative methods.Results of the Research: The results of the study indicate that the regulation of legal protection for perpetrators of criminal acts who are victims of mass has not been clearly regulated because the legal protection arrangements in the legislation for victims to become perpetrators of criminal acts are still separate, where the arrangements for victims and perpetrators are still separate. criminal acts are regulated respectively in the laws and regulations of criminal law in Indonesia and forms of legal protection for perpetrators of criminal acts who are victims of mass persecution include medical services and restitution, medical services are provided to victims of crime by undergoing treatment in hospitals and restitution namely the provision of compensation given by the defendant/perpetrator to the victim of a crime because even though it is the perpetrator of a crime who later becomes a victim, protection can be given as a manifestation of the protection of human rights.
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Nasonov, A. A., and R. Yu Malueva. "ON THE NEED TO EXPAND THE BOUNDARIES OF ELECTRONIC DOCUMENT CIRCULATION IN CRIMINAL PROCEEDINGS OF RUSSIA, INCLUDING THE EXTENSION OF THE ELECTRONIC FORM FOR THE PROCEDURE OF APPROVAL OF PROCEDURAL ACTIONS AND DECISIONS." Bulletin of Udmurt University. Series Economics and Law 30, no. 4 (August 13, 2020): 561–67. http://dx.doi.org/10.35634/2412-9593-2020-30-4-561-567.
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The article is devoted to the questions concerning electronic document circulation in criminal legal proceedings of Russia. In particular, it is a question of problems of accurate understanding of “the electronic document”, applied in criminal legal proceedings; delimitation of use of electronic document circulation in criminally-remedial relations; correction of the circle of persons, having an opportunity to use electronic documents in criminal legal proceedings. In the article, a possibility of formation of electronic materials of check of the message on a crime, and also electronic materials of ex-traditional check which is passed about the decision of a question on delivery of the person for criminal prosecution is considered. Besides, the article proves the requirement of distribution of a legal regulation of electronic document circulation on a stage of excitation of criminal case and on the manufactures covered by the international cooperation in sphere of criminally-remedial relations, including manufacture about delivery of the person for criminal prosecution and sentence execution. Arguments in favour of necessity of involving for the electronic document circulation which is carried out within the limits of criminal legal proceedings, along with judges of inspectors, investigators, public prosecutors, heads of investigatory body and chiefs of division of inquiry are resulted. The conclusion about necessity of expansion of criminally-remedial space for use of electronic document circulation is formulated. Conclusions which are done by the authors are based on the analysis of existing theoretical representations and Russian criminally-remedial legislation. Article materials are intended for students, post-graduate students, teachers of legal high schools, science officers, and also workers of law enforcement bodies.
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Kleymenov, Mikhail P. "Problems of criminal legal forecasting of individual criminal behavior." Law Enforcement Review 4, no. 2 (June 30, 2020): 99–108. http://dx.doi.org/10.24147/2542-1514.2020.4(2).99-108.
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The subject of the article is the problem of typical assessments of criminal legal risk by offenders.
The purpose of the article is to confirm or refute the hypothesis that the attitude of various
persons to the possibility of being punished for violating a criminal prohibition can be typologized, and the probability of being punished depends on the criminal's belonging to the
corresponding type.
The methodology includes dialectical, comparative legal, sociological, statistical, psychological methods, expert assessments, generalizing indicators.
The main results, scope of application. The original criminal-legal aspect of predicting individual criminal behavior consists primarily in determining the probability of a potential criminal being brought to criminal responsibility for a possible offense and being punished. Foresight in this case is individual in the literal sense of the word – its subject is primarily a
person who is inclined to commit a crime. The position of the researcher of criminal law
forecasting of individual criminal behavior, who is obliged to put himself "in the place" of a
socially dangerous person, to understand the nature and process of risk assessment, and to
be brought to criminal responsibility, is also original. The attitude of different persons to
the possibility of being brought to justice for violating a criminal law prohibition may vary
widely, acquire a different character, and have specific features. In this regard, theoretically, we can distinguish the following groups of criminal risk: out of risk (“above the law”); habitual risk; "justified" risk; frivolous risk; emotional risk; situational risk; professional risk.
The validity of this typology is confirmed by both empirical experience and materials of
criminal-legal and psychological research.
Conclusion. The magnitude of the criminal legal risk, of course, should be taken into account
in the criminal law policy: both when assessing its purposefulness and effectiveness, and
when solving the task of a comprehensive information and analytical support for it.
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Prysiazhniuk, S. Yu. "Genesis of legal cooperation of international criminal courts with states." Uzhhorod National University Herald. Series: Law 2, no. 76 (June 14, 2023): 291–98. http://dx.doi.org/10.24144/2307-3322.2022.76.2.46.
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We are examining the Institute of Cooperation between international criminal courts and states. By analyzing international legal doctrine, we have identified the main stages of development in international criminal justice. The influence of the humanist values of the 19th century and various pragmatic views and principles of international criminal law norms evolved as part of the international legal system, introducing prohibitions on certain criminal activities, including war crimes, crimes against humanity, and genocide, is shown.The Nuremberg and Tokyo International Military Tribunals were considered crucial benchmarks in the evolution of international criminal law. The International Military Tribunal for the Trial of Major War Criminals of European Countries has until now been created, as follows from Article 1 of the London Agreement, to try war criminals whose crimes are not connected to a specific geographical location, regardless of whether they are prosecuted individually or as members of organizations or groups, or in one or another capacity. It is shown that both Tribunals were historically necessary to carry out retribution for mass crimes committed by high-ranking military and civilian officials of Nazi Germany and Japan during World War II. It was noted that both Tribunals were subjected to fair criticism - both from the participants and later - for the legal imperfection of their institutional basis, selective administration of justice, and the retroactive effect of some essential material norms of criminal law.It was analyzed that the institution of cooperation was revealed in detail in the activities of the International Criminal Tribunal for the former Yugoslavia (from now on - ICTY) and the International Criminal Tribunal for Rwanda (from now on - ICTR). Thus, the ICTY and ICTR were created based on resolutions of the Security Council, which, acting in accordance with Chapter VII of the UN Charter, decided that states should fully cooperate with these bodies of international criminal justice.The Department of Private International Law is shown as one of the divisions of the International Court of Justice, which, among other things, “resolves extremely important and nowadays most relevant extradition disputes and tries political criminals and anarchists. It was emphasized that the court should be independent, both from the parties whose case it decides and from any political movements and opinions in general.
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Nalutsyshyn, V. V. "SMUGGLING: CRIMINAL-LEGAL ASPECT." Juridical scientific and electronic journal, no. 6 (2022): 343–47. http://dx.doi.org/10.32782/2524-0374/2022-6/76.
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Kochedykova, V. M. "Raiding: Criminal Legal Aspect." Juridical science and practice 20, no. 1 (May 23, 2024): 71–75. http://dx.doi.org/10.25205/2542-0410-2024-20-1-71-75.
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The work examines raiding as a criminal act. It is assessed that raiding currently has a significant criminal component. The absence in the current Criminal Code of the Russian Federation of an article providing for differentiated sanctions for such a type of crime as raider seizure gives rise to certain problems in classifying this crime. The article identifies these problems and suggests ways to solve these problems. Also, problems arising at the stage of investigation of crimes related to raider takeovers are identified. The necessity of introducing a separate article into the Criminal Code of the Russian Federation providing punishment for this criminal act is substantiated. Having examined the state of legislation, the author considers it possible to distinguish raiding as a separate criminal offense, creating a separate article of the Criminal Code of the Russian Federation “Raider seizure”, defining it as an unlawful seizure of a business or an encroachment on entrepreneurial activity.
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Kostyuk, M. F. "OBJECTIVES OF CRIMINAL PUNISHMENT: CRIMINAL LEGAL AND CRIMINAL EXECUTIVE RESEARCH." Issues of law 22, no. 3 (2022): 50–54. http://dx.doi.org/10.14529/pro-prava220309.
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Васеловская, Александра Викторовна. "Legal nature of compulsory medical measures: criminal legal and criminal executive aspects." Vestnik Kuzbasskogo instituta, no. 3(40) (September 25, 2019): 18–29. http://dx.doi.org/10.53993/2078-3914/2019/3(40)/18-29.
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Предметом рассмотрения в настоящей статье стали общественные отношения, возникающие в связи с применением предусмотренных уголовным законом принудительных мер медицинского характера. Основной задачей автора в рамках заявленного предмета стало выявление правовой природы принудительных мер медицинского характера. В процессе работы над статьей были использованы как общенаучные (анализ, синтез), так и частнонаучные методы исследования (формально-юридический, логико-языковой). Посредством применения указанных методов был проведен комплексный анализ представленных на современном этапе развития науки уголовного права подходов к определению правовой природы принудительных мер медицинского характера. Исследование показало, что на сегодняшний день в юридической науке сформировалось несколько позиций относительно определения правовой природы принудительного лечения (медико-юридические меры, меры безопасности, один из видов «иных мер уголовно-правового характера»). По мнению автора, представленные подходы не позволяют в полной мере уяснить суть принудительных мер медицинского характера и определить их место среди иных мер, предусмотренных Уголовным кодексом РФ. В статье обосновывается позиция, согласно которой принудительные меры медицинского характера не однородны по своей правовой природе. Принудительное лечение, применяемое в качестве самостоятельной меры в отношении невменяемых, не является уголовной ответственностью и не может выступать «иной мерой уголовно-правового характера», устанавливаемой за совершение преступления. В свою очередь, принудительные меры медицинского характера, назначаемые ограничено вменяемым лицам наряду с наказанием, отнесены к уголовной ответственности и определены автором в качестве некарательной формы ее реализации. С учетом представленных выводов в статье обосновывается позиция, согласно которой выявление правовой природы принудительных мер медицинского характера позволяет выработать механизм разграничения между собой уголовно-исполнительных и административных аспектов реализации принудительного лечения. The subject of this article is the public relations arising in connection with the application of compulsory medical measures. The main task of the author was to identify the legal nature of compulsory medical measures. In the process of work on the article there were used both general scientific methods (analysis, synthesis) and private scientific methods (formal-legal, logical-language methods). Using these methods, the author conducted a comprehensive analysis of the approaches presented at the present stage of development of the science of criminal law to determine the legal nature of compulsory medical measures. The study showed that today the legal science has formed several positions to determine the legal nature of compulsory treatment (medical and legal measures, security measures, one of the types of "other measures of criminal law nature"). According to the author, the presented approaches do not allow to understand the essence of compulsory medical measures and to determine their place among other measures established by the Criminal code of the Russian Federation. The article substantiates the position according to which compulsory medical measures are not uniform in their legal nature. Compulsory treatment, used as an independent measure in relation to the insane, is not a criminal liability and cannot be “other measure of criminal law nature”, established for the commission of a crime. In turn, compulsory medical measures, imposed on limited sane persons along with punishment, are criminalized and identified by the author as a non-punitive form of its implementation. The article substantiates the position according to which the identification of the legal nature of compulsory medical measures allows to develop a mechanism for distinguishing between criminal-executive and administrative aspects of the implementation of compulsory treatment.
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Dubas, V. M. "Criminal legal instruments in the system legal instruments against corruption criminal offenses." Legal Position, no. 2 (2023): 5460. http://dx.doi.org/10.32782/2521-6473.2023-2.11.
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Askerova, Matanat Pasha. "Historical aspects of development of the institution of legal assistance between states in criminal matters in the Republic of Azerbaijan." Юридические исследования, no. 7 (July 2021): 48–60. http://dx.doi.org/10.25136/2409-7136.2021.7.36043.
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The subject of this research is the historical-legal grounds of rendering mutual legal assistance in the Republic of Azerbaijan. Research methodology is comprised of formal-legal, comparative-legal, and historical-legal methods. Normative framework is formed by the Constitution, provisions of the criminal procedure legislation and laws, international acts acceded by the Republic of Azerbaijan, which regulate mutual legal assistance issues. Objective: to develop proposals for improving the Institute of mutual legal Assistance. assistance in criminal matters based on the historical experience in this field. The research results are as follows: mutual legal assistance has evolved from elementary extradition of fugitive serfs, one-time provision of diplomatic assistance to institutionalized legal assistance based on multilateral and bilateral agreements; from the absence of legislative framework to codification; from inclusion of separate norms on certain aspects of the agreement on friendly relations, peace, cooperation or even submission to conclusion of special bilateral agreements. The acquired results can be implemented in intergovernmental relations regulation of rendering mutual legal assistance in criminal matters. The novelty of this research consists in consideration of legal assistance based on the historical-normative acts of the Republic of Azerbaijan. The following conclusions were made: in some historical periods, legal assistance included such institutions as the presence of state representative of the accused in administration of justice against a foreigner, unconditional extradition of criminals who committed grave crime, stiff punishment of those reluctant to peace, elimination from jurisdiction of certain criminals, transfer of prosecution, etc. can still be currently used to regulate or improve the institution of legal assistance in criminal matters, including reasonable terms for submitting court requests. For example, a reasonable term for criminal proceedings is one of the guarantees of effective legal proceedings, the violation of which also entails an infringement of such a fundamental right to fairness of proceedings.
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Voiț, Alexandra-Maria. "FUNDAMENTAL INSTITUTIONS OF CRIMINAL LAW." AGORA INTERNATIONAL JOURNAL OF JURIDICAL SCIENCES 17, no. 2 (December 31, 2023): 219–26. http://dx.doi.org/10.15837/aijjs.v17i2.6488.
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The article entitled "The fundamental institutions of criminal law" presents a particularly generous and important theme. I will present the three fundamental institutions from a theoretical point of view and by exemplifying them practically through cases. These fundamental institutions are the main pillars of criminal law, around them gravitate all the other specialized institutions that form criminal law as a branch of law. Criminal law provides, as a consequence of committing crimes, specific criminal law sanctions that are applied to criminals through the most severe (legal) form of legal liability, criminal liability. Thus, in the synthesis of the essential features most often indicated by doctrine within the definition of criminal law, it can be appreciated as representing a branch of law that aims to ensure social defence (social order and discipline), carrying out a control of an individual’s conduct and behaviour from society to the highest degree undesirable, through the action of preventing and combating the criminal phenomenon, establishing and regulating: the categories of acts that are assessed, at a given moment, as crimes, the corresponding (legal) liability for committing them; the specific sanctions in which this legal-criminal liability is to be realized.
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Volodina, L. M. "Criminal Legal Proceedings: Issues of Legal Regulation." Proceedings of the Institute of State and Law of the RAS 18, no. 4 (September 12, 2023): 187–206. http://dx.doi.org/10.35427/2073-4522-2023-18-4-volodina.
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Ianoș, Gabriella. "THE LEGAL ENTITY: ACTIVE SUBJECT OF THE CRIME." AGORA INTERNATIONAL JOURNAL OF JURIDICAL SCIENCES 17, no. 2 (December 31, 2023): 195–203. http://dx.doi.org/10.15837/aijjs.v17i2.6485.
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In recent times there was an increase in criminality among legal entities due, in particular, to economic and financial factors. In this paper I wish to find an answer to the question of whether this form of criminal liability of the legal entity is necessary and at the same time effective by strengthening the current and contemporary legislation both in our country and in other countries. Since fiscal or financial crime is in a continuous procedure of amplification, it is important to be informed about the repercussions that the criminal acts committed by legal entities attract. The Romanian legislator has seen the problem of holding the legal entity criminally liable ever since the amendment of the Old Criminal Code by Law no. 278/2006 updating our legislation with the European one. Therefore, the criminal liability of the legal entity is currently regulated in the national legislation by the Criminal Code in force. This work offers a broad vision on the nature, respectively the foundations of the legal liability of the legal entity as an active subject of the crime, on the beginnings and evolution of this institution. I consider that a clear delimitation of the form and content of the guilt is necessary when we talk about the legal entity, a clear regulation of the intention and recklessness of the legal entity in order to be able to identify a different guilt of the natural person as an organ, so that in the situation where the natural person cannot be identified or cannot be criminally liable, the criminal liability of the legal entity can be engaged. The work is structured in such a way as to offer us both a theoretical and a practical part in order to better understand the issue of criminal liability of the legal entity. The case in this paper is from the judicial practice of the Economic Crime Investigation Service within the Bihor County Police Inspectorate.
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Barhatova, Ekaterina. "Other criminal legal measures: reflection in modern criminal policy." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2023, no. 1 (March 30, 2023): 53–60. http://dx.doi.org/10.35750/2071-8284-2023-1-53-60.
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Introduction: Other measures of criminal-legal nature at the present stage act as auxiliary means in relation to the main form of implementation of criminal responsibility - punishment. However, this approach is not justified and should be reconsidered. Not only the system of criminal-legal influence, but also some of its forms that have either become outdated or ineffective in the new conditions of society development, need legislative revision.
The purpose of the study is to formulate basic proposals for improving the legislative regulation of forms of criminal legal influence in general and other measures of criminal legal nature in particular.
The research methods are general scientific methods and methods of cognition (analysis, synthesis, induction, deduction, generalisation, comparison) and the special scientific formal-legal method.
The results: the study of other measures of criminal legal nature in the general system of criminal legal influence provided a basis for further study of the problematic aspects of this institution. The main results of the study include proposals for: reflection of the fundamental provisions on criminal legal influence and its forms in the criminal law; revision of the system of the General Part of the Criminal Code of the Russian Federation regarding the regulation of other measures of criminal legal nature from the viewpoint of new provisions on criminal legal influence; regulation of specific issues concerning other measures of criminal legal nature in order to increase the effectiveness of criminal legal influence on persons who committed crimes.
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Fedorov, Aleksandr V. "CRIMINAL LIABILITY OF LEGAL ENTITIES IN THE SLOVAK REPUBLIC." Russian investigator 7 (July 24, 2019): 68–77. http://dx.doi.org/10.18572/1812-3783-2019-7-68-77.
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The article is dedicated to the general issues of establishment of the criminal liability of legal entities in the Slovak Republic (Slovakia). Similarity of prerequisites for introduction of such liability in the Slovak Republic is noted. Gradual establishment of criminal liability of legal entities in Slovakia is noted, initially it was by means of amendment of the Criminal Code of Slovakia by Law No. 224/2010, which allows for using such “protective measures” as redemption and deprivation of property in relation to legal entities, then it was by means of adoption of Law No. 91/2016 on criminal liability of legal entities. Basic provisions of the Slovak law on criminal liability of legal entities are considered. The attention is paid to the fact that in the Slovak Republic there is a so-called selective criminalization as to the criminal liability of legal entities, when they can be held criminally liable not for all crimes specified in the Criminal Code of the Republic of Slovakia, but only for those of them, which are specified in the special Law No. 91/2016. A list of crimes, for which criminal liability is possible for legal entities, and conditions under which a crime is admitted to be committed by a legal entity, is specified. It is specified, which types of legal entities are foreseen by the Slovak law, and noted that not all of them can be the subjects of criminal liability according to the national laws. The effect of the criminal law is considered in relation to legal entities that have committed crimes in the territory of the Slovak Republic and outside it. The article contains the description of the types of criminal punishments of legal entities, which include: liquidation of the legal entity; deprivation of property; deprivation; penalty; prohibition to carry out activity; prohibition to receive subsidies and grants; prohibition to receive assistance and support from funds of the European Union; prohibition to participate in state procurement; publication of conviction.
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Isnin, Harum, and Indah Fitri Cahyani. "Komparasi Jinayat dengan Hukum Pidana Nasional dalam Penjatuhan Sanksi terhadap Pelaku Tindak Pidana." Al-Jinayah Jurnal Hukum Pidana Islam 7, no. 1 (June 24, 2021): 169–89. http://dx.doi.org/10.15642/aj.2021.7.1.169-189.
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Abstract: Islamic law was accepted and developed in Indonesian society long before the arrival of western law by foreign invaders who controlled Indonesia. Most Indonesian Muslim people place Islamic law into the Indonesian legal system, which consists of Western criminal law, customary law, and Islamic legal systems. This article analyses the comparison between Islamic criminal law and Indonesian criminal law in determining sanctions providing a deterrent effect for criminals. Based on empirical legal research methods, it is found that there are similarities between Islamic criminal law and Indonesian criminal law in the form of purposes and principles. The crime conditions in Islamic criminal law are also the same as the offence contained in the national criminal code. The differences between the two laws are in the sources of law, the sanctions attached to each different offence, and the historical evolution that shape the criminal law. This research intends not to compare which crime is better but to find the ideal of criminal law for its betterment in human life.
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Havlovska, Alina, and Andriy Dzyurbel. "STATE OF RESEARCH OF CERTAIN ASPECTS OF FEMALE CRIMINALITY IN UKRAINE." Archives of Criminology and Forensic Sciences 7, no. 1 (April 26, 2023): 135–41. http://dx.doi.org/10.32353/acfs.7.2023.12.
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Research paper is devoted to the analysis of research on certain aspects of female crime in Ukraine. The article focuses on spectrum systematization of theoretical and practical issues in the field of female crime presented by scientists. The results of relevant scientific research were analyzed by examining the texts of dissertation abstracts, monographs, scientific articles, dissertations and other research papers. The main attention is paid to analysis of research papers of Ukrainian scientists in recent years. The article systematizes according to research areas (criminal-legal characteristics of crimes committed by women; criminological characteristics of female criminals and female crime; criminal and executive aspects of serving a criminal sentence by convicted women) and groups of problematic issues in this field (criminal law characteristics of certain types criminal offenses committed by women, criminal and legal correction of convicted women, criminal-legal and criminological characteristics of female crime, prevention and countermeasures against female crime, etc.).
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Bazov, Oleksandr. "Universal jurisdiction in the activities of international criminal courts." Legal Ukraine, no. 10 (November 27, 2020): 42–47. http://dx.doi.org/10.37749/2308-9636-2020-10(214)-5.
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The article presents an analysis of the principle of universal jurisdiction as an important legal institution of international criminal justice. Analyzed the main international legal norms and judicial practice in this area. The directions of further development of universal jurisdiction have been determined. Analyzed the Princeton Principlesof the universal jurisdiction. Investigated the work of the UN International Law Commission and the UN General Assembly on this issue. Proposals for the improvement of international and national legal acts are presented. Universal jurisdiction or the principle of universality in the fight against international crime is an important legal institution in the activities of both national and international criminal courts. As with any international offense, the obligation to stop international crimes such as aggression, genocide, crimes against humanity, war crimes and crimes of international terrorism take the form of an alternative to aut dedere aut judicare or aut prosegue by Hugo Grotius, and under which any State has an obligation to search for and prosecute international criminals for these heinous acts, regardless of the nationality of the perpetrators and their victims, as well as the place where the crime was committed, or to extradite international criminals to any State that requires their extradition for prosecution and punishment, or to an international criminal tribunal. Thus, a state is obliged to exercise universal criminal jurisdiction over international crimes and international criminals, or to extradite them to another state or to an international criminal court under conditions determined by international law and national law. Key words: universal jurisdiction, International criminal court, international crime, state sovereignty.
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Sizova, Viktoria N. "CRIMINAL OFFENSE IN FOREIGN CRIMINAL LAWS." International criminal law and international justice 2 (February 11, 2021): 22–25. http://dx.doi.org/10.18572/2071-1190-2021-2-22-25.
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The article attempts to make a comparative legal analysis of foreign criminal legislation on the subject of legal regulation of the category of criminal offense. The presence of this category in most criminal law systems of foreign countries has been established. It is concluded that it is necessary to introduce a criminal offense in the Russian criminal law
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Ivanov, Dmitriy Aleksandrovich. "Harm Caused by a Crime to a Legal Entity: Criminal Legal, Criminal Intelligence and Criminal Procedural Aspects of Comparative Legal Research." Revista Gestão Inovação e Tecnologias 11, no. 2 (June 5, 2021): 1377–85. http://dx.doi.org/10.47059/revistageintec.v11i2.1764.
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The authors analyse the existing problems related to the determination of the extent and nature of harm caused by a crime to a legal entity in accordance with the legislation of Russia and Vietnam in theory and practice. According to the authors, the current legislation of Russia and Vietnam defines various methods, the use of which makes it possible to determine the characteristics of harm for a victim – a legal entity, such as: the investigative proceedings, the conduct of criminal intelligence measures, the examination of documentary records, audits, and other studies. At the end of the research the authors formulated the conclusion that now there are difficulties in determining this type of harm as business reputation, as a result of this phenomenon the right of a victim for harm compensation is limited. Consequently, the further development of the system of legislation requires the creation of the most effective methods in order to quickly and expediently establish the nature and extent of non-property damage (including business reputation) caused by a crime to a legal entity.
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Федоров, А. В. "Legislation of the Republic of Iceland on criminal liability of legal entities." Вестник Московской академии Следственного комитета Российской Федерации, no. 4(38) (December 18, 2023): 11–22. http://dx.doi.org/10.54217/2588-0136.2023.38.4.001.
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Статья посвящена законодательству Исландии об уголовной ответственности юридических лиц. Рассматриваются вопросы формирования исландского уголовного законодательства и включения в него норм об уголовной ответственности юридических лиц; социальной, экономической и политической обусловленности включения в исландское законодательство норм об уголовной ответственности юридических лиц; законодательного закрепления в 1998 году в Уголовном кодексе Исландии ответственности юридических лиц. Отмечается, что уголовное законодательство Исландии не полностью кодифицировано. Наряду с уголовным кодексом имеются и другие законы, содержащие уголовно-правовые нормы об ответственности юридических лиц. В настоящее время общие вопросы уголовной ответственности юридических лиц определены Уголовным кодексом Исландии. Субъектами уголовной ответственности могут быть любые юридические лица, имеющие права и обязанности в соответствии с исландским законодательством, включая публичные и частные юридические лица. Единственным уголовным наказанием для юридических лиц является штраф. Кроме того, к юридическому лицу могут быть применены иные меры уголовно-правового характера – лишение права на осуществление деятельности и конфискация. Отмечается, что юридические лица могут быть привлечены к уголовной ответственности за совершение любых преступлений, предусмотренных Уголовным кодексом Исландии, а также за отдельные преступления, предусмотренные другими законами. Привлекаемые к уголовной ответственности юридические лица имеют статус обвиняемого. Уголовные дела в отношении юридических лиц расследуются и рассматриваются судом в том же порядке, что и дела в отношении физических лиц. При этом права юридического лица в уголовном процессе реализуются его представителем. The article is devoted to the legislation of Iceland on criminal liability of legal entities. The issues of the formation of Icelandic criminal legislation and the inclusion of rules on the criminal liability of legal entities are considered; social, economic and political conditions for the inclusion of rules on criminal liability of legal entities in Icelandic legislation; legislative consolidation in 1998 in the Criminal Code of Iceland of the liability of legal entities. It is noted that the criminal legislation of Iceland is not fully codified. Along with the Criminal Code, there are other laws containing criminal law provisions on the liability of legal entities. Currently, the Criminal Code of Iceland determines general issues of criminal liability of legal entities. Subjects of criminal liability may be any legal entity having rights and obligations under Icelandic law, including public and private legal entities. The only criminal penalty for legal entities is a fine. In addition, other measures of a criminal law nature may be applied to a legal entity – deprivation of the right to carry out activities and confiscation. It is noted that legal entities can be held criminally liable for committing any crimes provided for in the Criminal Code of Iceland, as well as some crimes provided for in other laws. Legal entities brought to criminal liability have the status of an accused. Criminal cases against legal entities are investigated and considered by the court in the same manner as cases against individuals. In this case, the representative of the legal entity exercises the rights of the legal entity in criminal proceedings.
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Shcherbakova, E. K. "LEGAL INFLUENCE ON THE PREVENTIVE LEGAL RELATIONS IN CRIMINAL LAW." Vestnik Povolzhskogo instituta upravleniya 22, no. 2 (2022): 54–61. http://dx.doi.org/10.22394/1682-2358-2022-2-54-61.
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The nature and limits of the legal influence on the legal relations in criminal law are studied. Legal influence on the preventive criminal law relations is based on the certain legal tools and methods that form a mechanism of preventive criminal law influence. This mechanism conceptual model contributes to problem-solving in the sphere of general and individual crime prevention.
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Artamonova, Elena. "The Expression of the Will of the Accused (the Suspect) as a Criminal Procedure Category." Russian Journal of Criminology 13, no. 6 (December 26, 2019): 1025–34. http://dx.doi.org/10.17150/2500-4255.2019.13(6).1025-1034.
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In modern criminal procedure regulations, the will of a criminally prosecuted person is gaining a greater influence on the criminal procedure, sometimes directing it, and in other cases — predetermining its results. The lawmaker is giving a criminally prosecuted person more opportunities to influence criminal procedure activities, and direct criminal case proceedings. In the current legal landscape, the expression of the will of the accused (the suspect) is supported by a sound legal basis and has become a prerequisite for the implementation of many criminal procedure institutions. A criminally prosecuted person has a certain scope of permissible actions, and is free to act within this scope. The author describes historical changes in the attitude of the state towards a person accused or suspected of a crime and examines the evolution of a new criminal procedure phenomenon — the expression of the will of the accused (the suspect). The author also breaks the development of Russian criminal proceedings into periods depending on the influence that the will of the prosecuted person has on the criminal procedure activities. It is shown that the will of the accused (the suspect) has a certain impact on the criminal procedure at all stages of criminal court proceedings. The author proves that the will of the accused (the suspect) as a legal phenomenon has become a criminal procedure category. It is concluded that, from the viewpoint of current criminal procedure legislation and the practice of its enforcement, especially in view of its further improvement, there is a necessity to introduce a new criminal procedure category, which has, in fact, already emerged — the category of «the expression of the will of the accused (the suspect)».
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Варыгин, Александр Николаевич. "CRIMINAL PERSONALITY NOWADAYS: CHANGE, STUDY AND UNDERSTANDING." Вестник Казанского юридического института МВД России, no. 2(52) (June 29, 2023): 51–56. http://dx.doi.org/10.37973/kui.2023.48.85.007.
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Введение: в статье рассматривается личность современного преступника, анализируются отдельные социально-демографические и уголовно-правовые характеристики преступников и их изменения за последние 20 лет. Выявляются пробелы в изучении личности преступника в криминологических исследованиях, определяются их причины. Материалы и методы: всеобщий диалектический метод познания явился методологической основой статьи. Также автором применены общенаучные и частнонаучные методы познания: статистический, историко-правовой метод, системно-структурный анализ, аналогия, обобщение, сравнение, дифференциация, наблюдение, аналитическое обследование и иные методы исследования. Результаты исследования: рассмотрены наиболее типичные свойства и качества личности преступника социально-демографического и уголовно-правового характера, определены причины их изменения за 20 лет. Отмечается, что, несмотря на постоянное обращение криминологов к проблеме личности преступника, многие аспекты проблемы до сих пор не изучены: личности неосторожного преступника, преступника с расстройствами личности, преступника-мигранта и некоторых иных категорий лиц, нарушающих уголовный закон. Обсуждение и заключение: автор определяет, что причины неполного изучения личности преступника связаны с отсутствием научного исследовательского интереса к отдельным категориям преступников, необходимостью использования достижений многих других наук о человеке, неполном использовании психологических методов изучения преступника. Отмечается, что в связи с изменением экономических, социально-политических, демографических и иных отношений в обществе меняются характеристики личности преступника, что требует нового подхода к ее изучению. Introduction: the author examines a criminal personality nowadays, analyzes individual social and demographical and criminal and legal characteristics of criminals and their changes over the past twenty years. Gaps in the study of the criminal's personality in criminological research are identified, their causes are determined. Materials and Methods: the universal dialectical method of cognition was the methodological basis for the study. The author also applied general scientific and specific scientific methods of cognition: statistical, historical and legal methods, system and structural analysis, analogy, generalization, comparison, differentiation, observation, analytical examination and other research methods. Results: the most typical properties and qualities of the criminal's personality of a socio and demographic, and criminal and legal nature are considered, the reasons for their changes over the above period are determined. It is noted that, despite the constant appeal of criminologists to the problem of the criminal's identity, many of its problems have not yet been studied. This applies to the identity of a careless criminal, a criminal with personality disorders, a migrant criminal and some other categories of persons who violate criminal law. Discussion and Conclusions: the author determines that the reasons for incomplete study of the criminal personality are related to a lack of research interest in certain categories of criminals, to use the achievements of many other human sciences, incomplete use of psychological methods of studying the criminal. It is noted that due to changes in economic, socio-political, demographic and other relations in society, the characteristics of the criminal personality are changing, which requires a new approach to its study.
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Heilbrun, Alfred B., and Mark R. Heilbrun. "Dangerousness and Legal Insanity." Journal of Psychiatry & Law 17, no. 1 (March 1989): 39–53. http://dx.doi.org/10.1177/009318538901700105.
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Men found not guilty by reason of insanity (NGRI) are not held responsible for their criminal acts because it is assumed that in some way mental disturbance was responsible for those acts. The present study considered dangerousness as an alternative explanation of violent acts committed by NGRI patients. Three correlates of dangerousness–-high antisocial behavior, low intelligence, and high social withdrawal–-were combined into a single index. Comparison of 55 NGRI patients who had committed violent acts and 204 violent criminals revealed that the NGRI patients scored higher on this dangerousness index than did the criminals. This difference was obtained even after a control for disturbed thinking was introduced.
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Fernandez, M. Rizky, Moh Muhibbin, and Hanafi Arief. "Juridical Analysis Of Doctors' Responsibilities For Malpractic Action." International Journal of Law, Environment, and Natural Resources 3, no. 2 (December 8, 2023): 255–66. http://dx.doi.org/10.51749/injurlens.v3i2.59.
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This study aims to describe the criminal liability of doctors who commit malpractice acts and to analyze the legal protection for patients who are victims of malpractice in positive law studies in Indonesia. This study uses normative legal research using three types of legal materials related to the responsibility of doctors for malpractice actions, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research, types of normative juridical research, statutory and conceptual approaches. The results of the study stated that malpractice is included in the realm of criminal law other than civil and administrative. Doctors can be prosecuted criminally, although the criminal law does not clearly stipulate criminal penalties for malpractice. However, several conventional articles in the Criminal Code implicitly mention provisions regarding malpractice that can be used as a basis for criminal charges. In the Criminal Code, criminal liability for malpractice is contained in Article 90, Article 359, Article 360 ??paragraphs (1) and (2) and Article 361. Those subject to this article include doctors, midwives, medicine experts, who are experts in their work. each. If they ignore the regulations or requirements in their work, causing death (Article 359) or serious injury (Article 360), they will be punished more severely. Legal protection for victims of medical malpractice is regulated in Law no. 29 of 2009 concerning Medical Practice, granting rights to victims to submit complaints to the Chairman of the Indonesian Medical Discipline Honorary Council, as well as simultaneously taking criminal and civil law remedies to court.
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Valijonov, Daler. "INTERNATIONAL LEGAL ASPECTS OF THE FIGHT AGAINST TRANSNATIONAL ORGANIZED CRIME." Review of Law Sciences 6, no. 3 (October 10, 2022): 128–41. http://dx.doi.org/10.51788/tsul.rols.2022.6.3./pfws1721.
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This scientific article provides a systematic analysis of the international legal foundations of cooperation in the fight against transnational organized crime. In the article, the author tried to highlight the theoretical aspects of the issue of international cooperation of law enforcement agencies in the system of combating transnational organized crime. The content and essence of the concepts “international criminal group” and “international criminal community”, which were considered relevant today, were also analyzed in this article. The comparative analysis of the author on international conventions, declarations, and legislation of foreign countries served as a reflection of the specifics of this article. Moreover, the relevance of the research topic is because the commission of transnational organized crimes is characterized by the use of modern technical means and technologies. The predicted result was a significant increase in the number of serious crimes of a transnational nature. The lack of proper legal cooperation between States leads to the emergence and spread of dangerous practices when criminals, committing a crime in one State, illegally cross the borders of another in order to avoid justice and criminal prosecution. The problem of disclosure, investigation, and prevention of transnational organized crimes within the framework of international cooperation in criminal matters is the most urgent today.
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Hemmens, Craig, and Jonathan Bolen. "Recent Legal Developments." Criminal Justice Review 36, no. 4 (November 15, 2011): 533–44. http://dx.doi.org/10.1177/0734016811428280.
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During its 2010 term, the United State Supreme Court decided 28 cases that dealt with a criminal justice-related issue. While a number of these decisions will have only a slight impact on the daily administration of justice, there were several significant cases involving criminal justice-related topics such as search and seizure, interrogations, and sentencing. We present a summary and analysis of the most significant decisions involving criminal justice. The cases are divided, somewhat roughly, into categories.
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Waskita, Ria Putriliana, A. A. Sagung Laksmi Dewi, and I. Made Minggu Widyantara. "Penanganan terhadap Anak Pelaku Tindak Pidana Penganiayaan yang Terlibat dalam Geng Motor di Wilayah Badung." Jurnal Interpretasi Hukum 1, no. 2 (September 26, 2020): 175–80. http://dx.doi.org/10.22225/juinhum.1.2.2459.175-180.
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A bike gang refers to a group of youths (teenagers) having the same school background in an area who are members of a two-wheeled motor vehicle user community. The criminal act of maltreatment committed by a group of biker gang in Bali has violated the provisions of the applicable criminal law. With regard to the fact, the urgency of the modus operandi of the criminal act of maltreatment committed by biker gang and the legal protection for young biker gang who commit crimes of maltreatment are examined in the present study. The method used in this research is the empirical method. The modus operandi appeared as the mode applied by criminals to commit criminal acts and the implementation of legal protection against bikers who committing the criminal act of maltreatment in the Badung District Police jurisdiction is through not overriding the children’s rights as child defendants, such as the right to legal assistance at every level of examination in line with procedures determined by law. It would be better if, in implementing criminal sanctions, law enforcers take the condition of the community, the perpetrators of crimes, into account in order to foster legal awareness within them.