Academic literature on the topic 'Sanctions under law'

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Journal articles on the topic "Sanctions under law"

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Majlessi, M. Shervin. "Use of Economic Sanctions under International Law: A Contemporary Assessment." Canadian Yearbook of international Law/Annuaire canadien de droit international 39 (2002): 253–331. http://dx.doi.org/10.1017/s006900580000758x.

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SummaryThe growth in the use of collective economic sanctions in the post-Cold War epoch calls for a re-examination of the legal basis and constraints on the implementation of sanctions. This article is an attempt to explore, from a legal point of view, the problems and restrictions associated with sanctions, and to suggest the ways in which economic sanctions can be rendered more legitimate in terms of international legal requirements. It is argued that, in addition to the traditional treaty basis of collective sanctions, a breach of an erga omnes obligation is also a legitimate legal basis for economic sanctions. It is also contended that, in addition to traditional economic considerations, sanctions should be subject to other limitations such as respect for principles of international humanitarian law. After determining the restrictions on the implementation of sanctions, the author makes proposals for refining current practices in imposing economic sanctions. In conclusion, it is argued that collective sanctions have the potential of being used in a more humane and institutionally coherent way.
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Bac, Mehmet. "Opinion expressions under social sanctions." International Review of Law and Economics 38 (June 2014): 58–71. http://dx.doi.org/10.1016/j.irle.2014.03.002.

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Eckes, Christina. "Sanctions against Individuals." European Constitutional Law Review 4, no. 2 (June 2008): 205–24. http://dx.doi.org/10.1017/s1574019608002058.

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Rulings in the cases of OMPI, Sison and Segi – Violation of the right to a fair hearing, the duty to give reasons, and the right to judicial protection – Jurisdiction to review lists of terrorist suspects – Extension of Article 35 TEU – Preliminary rulings on common positions – Improvements of the listing procedure – New legal bases for restrictive measures under the Treaty of Lisbon – Recommendations how to reform the autonomous EU listing procedure further
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Flynn, Susan. "The Red Hook Community Justice Center: An Evaluation of a Community Court." Journal of Psychiatry & Law 33, no. 1 (March 2005): 43–101. http://dx.doi.org/10.1177/009318530503300103.

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The archival data base of the Red Hook Community Justice Center was analyzed to describe the defendant population, the nature of the cases, the types of sanctions imposed, and the extent of compliance with sanctions. The data base contained a total of 6,245 cases that came under the jurisdiction of the court between June 2000 and June 2003. As anticipated, the data indicated that the most frequent type of offense was drug related and the most frequent sanction was mandatory substance abuse treatment. Incarceration was infrequent (4.9% of all cases). Other sanctions included community service, mandatory academic or vocational training and social service interventions such as anger management groups. Compliance with sanctions ranged from 63.7% for mandatory drug treatment sanctions to 75.5% for community service.
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Comartin, Erin B., Poco D. Kernsmith, and Roger M. Kernsmith. "Identifying Appropriate Sanctions for Youth Sexual Behavior." New Criminal Law Review 17, no. 4 (2014): 652–72. http://dx.doi.org/10.1525/nclr.2014.17.4.652.

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Although statutory rape laws were initially developed to protect youth from coercion by adults, youth are sometimes also prosecuted under these laws. This article investigates public attitudes regarding sanctions for youth engaging in sexual behaviors with peers. Hierarchical linear modeling was used to determine if age and gender of the offending youth, and sexual orientation of the relationship, has an impact on the public’s level of agreement for sanctioning youth for three types of sexual behavior: intercourse, oral sex, or touching. The study participants (N = 757) were drawn from the general population of adult Michigan residents; the sample was racially representative of the state but included an overrepresentation of women (66%). The findings show that respondent support for sanctions varied by the age difference between the youth. There was also an increase in level of sanction agreement by type of sexual behavior. Gender of the offending youth was not shown to significantly impact sanction agreement. Sexual orientation of the relationship was only significant for certain types of sexual activity. The public’s beliefs about youth sexual behavior is in concert with the intended goals of the juvenile justice system, in that the suggested sanctions are focused on rehabilitation for 15-year-olds. However, the public is more supportive of severe sanctions for 18- and 22-year-olds, but also suggest counseling and probation. The significance of these findings informs policymaking in that they suggest a more balanced approach for sanctioning consensual sexual relationships between youths.
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Werksman, Jacob D. "Trade Sanctions Under the Montreal Protocol." Review of European Community and International Environmental Law 1, no. 1 (March 1992): 69–72. http://dx.doi.org/10.1111/j.1467-9388.1992.tb00017.x.

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Rachman, Fathur. "IMPLEMENTASI PENEGAKAN HUKUM BAGI PENGEDAR NARKOTIKA DI INDONESIA." PRANATA HUKUM 12, no. 2 (July 31, 2017): 73–81. http://dx.doi.org/10.36448/pranatahukum.v12i2.188.

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The circulation of narcotics is a big problem for Indonesia, so the need to discuss about the proper sanctions for narcotics dealers. then the subject matter in this paper about the legal sanctions for narcotics drug dealer in Indonesia. Problem approach using normative juridical approach (legal research). Narcotics dealer in a criminal act is an illegal narcotics dealer who is given a criminal sanction under Article 114 of Law Number 35 Year 2009 on Narcotics, with maximum threat of a sentence of 20 years or life imprisonment or death penalty or a fine. Law enforcers must be firm and eradicate the narcotic crime, Narcotics drug dealers should be given sanctions and deterrent effects for the perpetrators and gangs.
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Wodahl, Eric J., Brett E. Garland, and Kimberly Schweitzer. "Are Jail Sanctions More Punitive Than Community-Based Punishments? An Examination Into the Perceived Severity of Alternative Sanctions in Community Supervision." Criminal Justice Policy Review 31, no. 5 (August 24, 2019): 696–720. http://dx.doi.org/10.1177/0887403419870848.

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The use of sanctions in community supervision has received considerable attention in recent years. Fueled in large part by the attention given to the swift, certain, and fair (SCF) sanctioning model, many agencies have adopted sanctioning programs, which often rely heavily on the use of short-term jail incarceration. In addition to jail, there exist a number of alternative, community-based punishments that can be utilized to respond to instances of noncompliance, including enhanced drug testing and community service hours. Little is known, however, about how individuals perceive community-based sanctions compared with jail. This study addresses this issue by examining perceptions of sanctions among individuals under community supervision. Survey findings indicate that community-based punishments are not viewed as being substantially less punitive than jail incarceration. In addition, perceptions of sanction severity are influenced by a variety of individual, experiential, and supervision-level factors. The policy implications of the study findings are discussed.
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Ryzhenkov, Anatoly J. "On the doctrinal principles of family law (The case study of the principle of responsibility for violation of family law norms)." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 2 (May 25, 2021): 169–77. http://dx.doi.org/10.18500/1994-2540-2021-21-2-169-177.

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Introduction. The article proposes supplementing the system of principles of family law with a new doctrinal principle – the principle of responsibility for violations of family law. Theoretical analysis. The article explores scientific ideas about the system of principles of family law, the features of family legal responsibility, the relationship of protection measures and liability measures in family law. Result. The article concludes that only the sanctions of the moral nature should be attributed to the family-legal sanctions. Property sanctions (compensation for non-pecuniary damage, disinheritance, recovery of losses) are of a civil nature, although they reflect the specifics of family relations. In addition to specific sanctions, the essence of family law liability lies in the special composition of the subjects of these sanctions, as well as the special procedures under which they are subject to application.
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Jefry, Arif Bahtiar, and Lathifah Hanim. "Juridical Studies On Notary Deed Which Can Be Canceled And Void By The Law And Responsibilities Of Notary According To Law." Jurnal Akta 6, no. 3 (August 30, 2019): 433. http://dx.doi.org/10.30659/akta.v6i3.5084.

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Notary deed can be canceled and void by law because of an error when a deed is contrary to the Act either intentionally or unintentionally by the parties who made it. Deed can be canceled, remain valid and binding as long as there has been no judicial decisions have permanent legal force canceling the deed. Unlike the deed can be canceled due to the manufacturing process does not satisfy the subjective element as set forth in Article 1320 paragraph (1) and (2) of the Civil Code. Deed null and void occurs due to the mechanism of making abuse substance UUJN Regarding the authority of notary in making authentic act and Article 1320 paragraph (3) and (4) of the Civil Code which is the objective conditions in performing an agreement, which is about a certain thing and the cause or causes of the allowed. In UUJN that as a notary in running his offense is proven, the notary must responsibility by way of sanction or sanctions, in the form of civil sanctions, administrative sanctions, criminal sanctions, the code of conduct or a combination of office notary witnesses. In Article 84 UUJN which reads: Actions violations committed by the notary of the provisions referred to in Article 16 paragraph (1) letter i, Article 16 paragraph (1) letter k, Article 41, Article 44, Article 48, Article 49, Article 50 Article 51 or Article 52 that resulted in a deed only has the strength of evidence as the deed under the hand or a certificate becomes null and void may be the reason for the injured party to demand reimbursement of losses, damages, and interest to the notary.Keywords: Notary Deed, Canceled, Cancel By The Law, Responsibility, Notary.
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Dissertations / Theses on the topic "Sanctions under law"

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Majlessi, M. Shervin. "Use of economic sanctions under international law : a contemporary assessment." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30318.

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The growth in the use of collective and unilateral economic sanctions in the post-Cold-War epoch calls for a re-examination of the legal basis and constraints on the implementation of sanctions. This thesis is an attempt to explore, from a legal point of view, the problems and restrictions associated with sanctions, and suggest ways in which economic sanctions can be rendered more legitimate in terms of international legal requirements.
Unilateral and collective economic sanctions are based on different legal premises: the traditional theory of retaliation and treaty principles respectively. It will be argued that a breach of an erga omnes obligation is also a legitimate legal basis for economic sanctions.
Key cases in which sanctions have been used will be reviewed and it will be contended that, in addition to traditional economic considerations, sanctions should be subject to other limitations such as respect for principles of international humanitarian law. Issues regarding the legitimacy of the Security Council's actions and authority will also be addressed and possible ways of controlling the actions of the Security Council will be put forth.
After determining the restrictions on implementation of sanctions, proposals for refining current practices of imposing economic sanctions are submitted. In conclusion, it is submitted that unilateral sanctions are subject to serious legal constraints and that collective sanctions have the potential of being used in a more humane and institutionally coherent way.
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Majlessi, M. Shervin. "Use of economic sanctions under international law, a contemporary assessment." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64294.pdf.

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Lee, Foong Mee, and n/a. "Remedies and sanctions against corporate officers for breaches of duties under part 3.2 of the corporations law." University of Canberra. Law, 1994. http://erl.canberra.edu.au./public/adt-AUC20050523.102418.

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The subject of sanctions and remedies against corporate officers for breaches of the provisions in the Corporations Law is an area of the law which has been largely neglected by the legislature. Although there have been several legislative reforms on remedies since the Corporations Law came into force, those reforms were ad hoc in nature and no attempt has been made to carry out a comprehensive review to assess the effectiveness of the existing sanctions and remedies in context of the needs of contemporary society. In consequence, there is increasing concern that the remedies employed in Australia for breaches of the Corporations Law are inadequate, inconsistent, out-dated and are confined within a narrow range. This thesis seeks to evaluate the current package of sanctions and remedies provided under Part 3.2 of the Corporations Law. As part of this exercise, comparative studies are made with the remedies of other jurisdictions. The provisions for sanctions in Part 3.2 are measured against parallel provisions in the Crimes Act of the Commonwealth and of New South Wales and Victoria. They are also measured against corresponding provisions in selected foreign jurisdictions. A further comparison is made between the traditional civil remedies under the common law and those in the Corporations Law. The evaluation of the sanctioning regime in Part 3.2 is made against the criteria appropriateness, adequacy, consistency and accessibility. This thesis discusses the need for a complete re-assessment of the penalty structure to bring the remedies in line with community expectations.
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DaGrossa, Joseph. "The Incapacitation and Specific Deterrent Effects of Responses to Technical Non-Compliance of Offenders Under Supervision: Analysis from a Sample of Federal Judicial Districts." Diss., Temple University Libraries, 2018. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/487447.

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Criminal Justice
Ph.D.
Each year, approximately one-third of all people admitted to prison in the United States are committed as the result of a revocation of community-based supervision such as probation, parole, or federal supervised release (Carson & Anderson, 2016). Many of these individuals are being incarcerated for technical violations of their supervision - conduct other than the commission of a new crime which is in violation of a condition of supervision. The practice of committing offenders to prison for technical violations of supervision is rather common at the state level. In a 2013 study, for example, Ostermann found that although paroled inmates in New Jersey were less likely than inmates who served their entire prison terms without parole to engage in new criminal conduct following their release, the paroled inmates were just as likely to be returned to prison within three years due to having been charged with technical violations of their supervision. This practice also occurs in the federal criminal justice system, where 70% of the offenders under community-based supervision who are returned to prison each year are recommitted on the strength of technical violations of supervision alone (Administrative Office of the United States Courts, 2017a). A substantial amount of prior work (for example, Apel et al., 2010; Clear, 2007; Petit, Sykes & Western, 2009; Rose & Clear, 1998) has revealed the potentially harmful consequences of imprisonment. Despite this, little research has examined how incarcerating persons for technical violations of supervision compares to widely-available alternative, intermediate sanctions such as home confinement and reentry center placement in terms of ability to prevent the commission of new crimes or continued technical non-compliance. The present study examined these questions, utilizing a sample of offenders in the federal criminal justice system. Propensity score matching was used to construct comparable treatment and control groups, thereby reducing concerns of selection bias. Post-matching analyses suggest the following: 1) the effect of incarcerating offenders for technical violations of supervision is negligible compared to subjecting them to intermediate sanctions with regard to preventing the commission of new crimes; 2) offenders incarcerated for technical violations of supervision are more likely to commit new crimes post-sanction – and sooner – than offenders subjected to intermediate sanctions; 3) offenders imprisoned for technical violations are more likely to engage in subsequent technical violations – and sooner – than offenders subjected to intermediate sanctions; and 4) the greater the intensity of the intermediate sanction (i.e., residential reentry center placement vs. home confinement), the more likely an offender will be charged with a technical violation during service of the sanction. Although the study is subject to concerns about potential sensitivity to unobserved confounders and other limitations, it makes an important contribution to our understanding of a topic which has rarely before been examined. When one considers the financial, public safety, and ethical consequences of incarcerating people for non-criminal conduct, the research has implications for persons under supervision, probation and parole organizations, and the general public alike.
Temple University--Theses
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Machado, Fernando Moreno. "As sanções da Lei de Licitações e a desconsideração da personalidade jurídica." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/2/2134/tde-27022015-114859/.

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Dissertação voltada ao estudo das sanções administrativas previstas na Lei Federal 8.666/1993 (Lei de Licitações). Apresenta quadro panorâmico das licitações e contratações públicas no Direito Administrativo Brasileiro. Trata do regime jurídico do exercício da atividade sancionatória pela Administração Pública, com destaque para os princípios regentes da matéria. Examina as discussões teóricas, doutrinárias e jurisprudenciais relativas à aplicabilidade das sanções administrativas previstas nos artigos 86 a 88 da Lei de Licitações, como a multa, a advertência, a suspensão temporária de participação em licitação, o impedimento de contratar com a Administração e a declaração de inidoneidade, aí incluindo a competência para imposição de sanções, os sujeitos passivos das penalidades aplicáveis, além das nuances de cada uma delas. Destaca a controvérsia estabelecida acerca das distinções e abrangência dos efeitos das penas de suspensão temporária, impedimento de contratar e declaração de inidoneidade. Estuda a possibilidade de a Administração Pública fazer uso da Teoria da Desconsideração da Personalidade Jurídica, inicialmente em um cenário de ausência de autorização legislativa, como forma de incremento da efetividade daquelas sanções, quando constatado o abuso de direito dos particulares ao constituírem novas sociedades, com o intuito de burlá-las. Examina a Lei Federal 12.846/2013, que trata da responsabilização de pessoas jurídicas pela prática de atos contra a Administração Pública, e suas consequências na seara das licitações e contratações administrativas.
Dissertation focused on the study of administrative sanctions under Federal Law no. 8.666/1993 (public bidding Law). It presents an overview of public bidding and public hiring under Brazilian administrative law. It presents the legal regime of the sanctioning activity exercised by public authorities, especially the matter governing principles. It examines the theoretical, doctrinal and jurisprudential discussion concerning the applicability of administrative sanctions established by Articles 86 to 88 of the Public Bidding Law, such as fines, warnings, temporary suspension from participating in public biddings, the impediment to contract with the government and the unfitness declaration, including the power to impose sanctions, the subjects liable of applicable penalties, and the nuances of each one of these penalties. It highlights the controversy about the distinctions and comprehensiveness of the effects related to the temporary suspension, avoidance of contract and declaration of unfitness. It analyses the possibility of public administration adopt the theory of piercing of the corporate veil, initially in a scenario of absence of legislative authorization, as a way of increasing the effectiveness of those sanctions when found abuse of the right of individuals which constitute new associations in order to chouse them. It examines the Federal Law No. 12.846/2013, which deals with the liability of legal entities for the commission of acts against the government and its consequences on the public bids and administrative hires area. Keywords: administrative penalties, sanctions under administrative law, principle of typicality, extension effects of penalties, piercing of the corporate veil.
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Roessing, Telma de Verçosa. "A execução penal alternativa no Brasil: paradigma de prevenção criminal e de proteção de direitos." Universidade Federal da Paraí­ba, 2011. http://tede.biblioteca.ufpb.br:8080/handle/tede/4353.

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Made available in DSpace on 2015-05-07T14:27:01Z (GMT). No. of bitstreams: 1 arquivototal.pdf: 1001202 bytes, checksum: 50531aa6fa8b88dc8e209c37d771d3a5 (MD5) Previous issue date: 2011-05-12
Coordenação de Aperfeiçoamento de Pessoal de Nível Superior
This master s dissertation aims to investigate how alternative sanctions are enforce in Brazil in order to identify if this practice constitutes a model for preventing criminal recurrence and protecting the fundamental rights of persons who have been sanctioned due to low and medium gravity crimes. The research starts by analyzing the State punitive power through the point of view of the Democratic State under the Rule of Law and the penalty principles in the Brazilian Constitution, situating the alternative sanctions and measures within the minimalist approach of Criminal Law. Subsequently it analyzes the public policies which approach the public security problem in a broader way, focusing mainly in the criminality prevention, and also points out the pendular character of Brazilian criminal law, which moves between greater and lesser strictness. Further on, it highlights the failure of imprisonment, and the alternative sanctions are presented as criminal sanctions with an educational and reintegrating character. From the treatment provided to alternative sanctions and measures in the United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules), the research emphasizes the alternative sanctions and measures in the Brazilian legislation and analyzes such alternatives as an interaction process between the State, the community and individuals. Furthermore, it stresses the course taken by the Brazilian experience in the implementation of public policies aimed at the enforcement of alternative sanctions, highlighting the Alternative Sanctions and Measures Incentive Program from the Brazilian Ministry of Justice (Programa de Fomento às Penas e Medidas Alternativas do Ministério da Justiça). The sustainability of the support policy to alternative sanctions and measures in the states, taking into account experiences in several ones, is also analyzed, as well as the proposal for a public security policy with citizenship in the enforcement of alternative sanctions and measures; last, but not least, this research also evidences the possibility of structuring an autonomous alternative criminal justice system in the country.
A presente dissertação tem por objetivo perquirir a forma como as alternativas penais são executadas no Brasil a fim de identificar se essa prática constitui modelo de prevenção de reincidência criminal e proteção de direitos fundamentais de pessoas que foram sancionadas criminalmente pelo cometimento de delitos de pequena e média gravidade. A pesquisa parte da análise da pretensão punitiva a partir da ótica do Estado Democrático de Direito e dos princípios penais constitucionais brasileiros, situando as penas e medidas alternativas dentro da visão minimalista do Direito Penal. A seguir analisa as políticas públicas que enxergam o problema da segurança pública de maneira mais ampla, com foco principal na prevenção da criminalidade e evidencia o movimento pendular da legislação penal brasileira entre maior e menor rigor penal. Destaca o fracasso da pena de prisão e as penas alternativas são apresentadas como sanções penais de caráter educativo e reintegrador. A partir do tratamento dado às penas e medidas alternativas pelas Regras Mínimas das Nações Unidas para a Elaboração de Medidas Não Privativas de Liberdade (Regras de Tóquio), enfoca as penas e medidas alternativas na legislação brasileira e analisa as alternativas penais como processo de interação entre Estado, comunidade e indivíduos. Enfatiza, ainda, o percurso da experiência brasileira na implementação de políticas públicas voltadas para a execução penal alternativa, com destaque para o Programa de Fomento às Penas e Medidas Alternativas do Ministério da Justiça brasileiro. A sustentabilidade da política de apoio às penas e medidas alternativas nos estados, por meio da experiência de algumas unidades da federação, também é analisada, bem como a proposta de política de segurança pública com cidadania na execução das penas e medidas alternativas e, por fim, evidencia a possibilidade da estruturação de sistema penal alternativo autônomo no país.
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Caspar-Bures, Bettina. "The criminal responsibility of associations under Austrian Law." Universität Leipzig, 2020. https://ul.qucosa.de/id/qucosa%3A72842.

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The Austrian Act of Corporate Criminal Liability came into force on January 1, 2006. Since then, associations can be penalized for judicially criminal acts of their decisionmakers and / or employees. A criminal liability of the association presupposes that the offense was committed in favor of the association and, that the criminal offense violates the duties determined by the association (association duties). In the case of a violation against the VbVG, the court will impose an association fine, which depends on the annual yield of the association. In addition, an instruction can be issued for compensation for damage. In 2018 there were counted 341 preliminary investigations against associations, of which only 28 resulted in an indictment. Only in five cases, there was a conviction, and an association fine was imposed.
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Books on the topic "Sanctions under law"

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Marossi, Ali Z., and Marisa R. Bassett, eds. Economic Sanctions under International Law. The Hague: T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-051-0.

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Boulden, Jane. The application of sanctions under Chapter VII of the United Nations Charter: Contemporary assessment : a report of the Mohonk Mountain House Workshop. [Ottawa, Ont.]: Canadian Centre for Global Security, 1994.

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Bastos, Maria Ines. Winning the battle to lose the war: Brazilian electronics policy under US threat of sanctions. Ilford, Essex, England: F. Cass, 1994.

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Koutrakos, Panagiotis. Interactions between community law and the common foreign and security policy: The legal regulation of sanctions, exports of dual-use goods and armaments under the law of the European Union. Birmingham: University of Birmingham, 1999.

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Family unification, employer sanctions, and anti-discrimination under IRCA: Hearing before the Subcommittee on Immigration, Refugees, and International Law of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, second session ... August 23, 1988. Washington: U.S. G.P.O., 1989.

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US GOVERNMENT. An Act to Amend Chapter 89 of Title 5, United States Code, to Improve Administration of Sanctions against Unfit Health Care Providers under the Federal Employees Health Benefits Program, and for Other Purposes. [Washington, D.C.?: U.S. G.P.O., 1998.

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Office, General Accounting. International trade: Trade law remedies under floating exchange rates : report to the Chairman, Subcommittee on International Trade, Committee on Finance, United States Senate. Washington, D.C: The Office, 1986.

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Osteneck, Kathrin. Die Umsetzung von UN-Wirtschaftssanktionen durch die Europäische Gemeinschaft: Völker- und europarechtliche Rahmenbedingungen für ein Tätigwerden der Europäische Gemeinschaft im Bereich von UN-Wirtschaftssanktionsregimen unter besonderer Berücksichtigung der Umsetzungspraxis der EG-Organe. Berlin: Springer, 2004.

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Compliance und Unternehmensverantwortlichkeit: Materiellrechtliche Fragen der sanktionsrechtlichen Unternehmensverantwortlichkeit unter Berücksichtigung von Compliance-Massnahmen. Frankfurt am Main: P. Lang, 2010.

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Federal Employees Health Care Protection Act of 1997: Report of the Committee on Governmental Affairs, United States Senate, together with additional views to accompany H.R. 1836, to amend chapter 89 of Title 5, United States Code, to improve administration of sanctions against unfit health care providers under the Federal Employees Health Benefits Program, and for other purposes. Washington: U.S. G.P.O., 1998.

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Book chapters on the topic "Sanctions under law"

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Orakhelashvili, Alexander. "The Impact of Unilateral EU Economic Sanctions on the UN Collective Security Framework: The Cases of Iran and Syria." In Economic Sanctions under International Law, 3–21. The Hague: T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-051-0_1.

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Simonen, Katariina. "Economic Sanctions Leading to Human Rights Violations: Constructing Legal Argument." In Economic Sanctions under International Law, 179–95. The Hague: T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-051-0_10.

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Dupont, Pierre-Emmanuel. "The Arbitration of Disputes Related to Foreign Investments Affected by Unilateral Sanctions." In Economic Sanctions under International Law, 197–217. The Hague: T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-051-0_11.

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Zamani, S. Ghasem, and Jamshid Mazaheri. "The Need for International Judicial Review of UN Economic Sanctions." In Economic Sanctions under International Law, 219–35. The Hague: T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-051-0_12.

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Simonen, Katariina. "Final Comment: Legal Review of New EU Sanctions Against Russia in Light of Recent Jurisprudence of the European Courts." In Economic Sanctions under International Law, 237–42. The Hague: T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-051-0_13.

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Nakanishi, Hisae. "The Construction of the Sanctions Regime Against Iran: Political Dimensions of Unilateralism." In Economic Sanctions under International Law, 23–41. The Hague: T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-051-0_2.

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Nabti, Najwa M. "Increasing the Cost of Rape: Using Targeted Sanctions to Deter Sexual Violence in Armed Conflict." In Economic Sanctions under International Law, 43–67. The Hague: T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-051-0_3.

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8

Mohamad, Rahmat. "Unilateral Sanctions in International Law: A Quest for Legality." In Economic Sanctions under International Law, 71–81. The Hague: T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-051-0_4.

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Joyner, Daniel H. "International Legal Limits on the Ability of States to Lawfully Impose International Economic/Financial Sanctions." In Economic Sanctions under International Law, 83–93. The Hague: T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-051-0_5.

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Milaninia, Nema. "Jus ad bellum economicum and jus in bello economico: The Limits of Economic Sanctions Under the Paradigm of International Humanitarian Law." In Economic Sanctions under International Law, 95–124. The Hague: T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-051-0_6.

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Conference papers on the topic "Sanctions under law"

1

Özenbaş, Nazmiye. "Crime of Banking Embezzlement in Turkish Law." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.01097.

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White-collar crime, which is perhaps the most important of types of crime in terms of havoc and committed by the superior contrary to common belief, has much more influence than conventional crime. This crimes, are committed by well-respected professionals in their business. Besides, this study explain one of the this type of crime, crime of banking embezzlement. Because of the vital importance of banking to countries’ economy and the detrimental effects of the fraudulent actions of bankers to the well being of a bank and its systemic effect to the other banks in the market, regulators impose criminal sanctions. In Turkey, a special embezzlement offence that can be conducted by bankers is regulated under article 160 of the Banking Law No.5411. This article aims to analyze this controversial criminal offence within Banking Law No.5411 and Turkish Criminal Law No.5237. In this respect, the study includes general information about embezzlement, elements of the offence, special circumstances that affects the nature of the offence, specific forms of the offence and prosecution methods. It should be noted that, the elements and structure of bank embezzlement which is expected in the first paragraph of Article 160 is very similar to the embezzlement which is provided for in the Penal Code. However, the structure of which is conditional embezzlement expected in the third paragraph of that Article is very different from embezzlement provided in the Criminal Code. In the study also, recommendations are presented regarding the upon completion of the crime and trial precondition.
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Marchisio, Emiliano. "PRICE INCREASES DURING THE PANDEMIA AND EU COMPETITION LAW." In International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times): Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18819.

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The debate about the “just price” has ancient origin and returns forcefully to the scene when, in the event of crises of various kinds, there is a rapid and significant increase in prices of given goods or services. In this article it is examined the problem of whether price increases of such a nature could, or should, be considered illicit under EU competition law. The central part of the article reviews different theories on what a “just price” should be and focuses on the idea that a price is “just” when it functions as index of relative scarcity in free markets. It is claimed that such a function deserves protection by EU law. Therefore, price adjustments in response to shocks cannot and should not be considered illegal: it is unacceptable to sanction private firms by attributing them the wrong of not having substituted, at their own expense, for the exercise of a public function (that of making sure that price increases do not put at risk solidarity and other constitutional principles).
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Arslan, Çetin, and Didar Özdemir. "Crime of Manipulation on Prices." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01220.

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In a regular free market economy, the prices of goods and services occur at the point where the quantities of supply and demand get up with one another. On the other hand, it can be in question the distortion of this equilibration by various purposes and practices. In this case, optimal goods and services cannot be received under optimum conditions. As a conclusion of “ultima ratio” principle in the criminal law, every illegal conduct in this context does not constitute a crime but some fraudulent ones are imposed a sanction. The crimes of “fraud” in articles 157-158, “fraudulent bankruptcy” in article 161, “bid rigging” in article 235, “rigging during the discharge of contractual obligation” in article 236 and “manipulation on prices” in article 237 of Turkish Penal Code are some of the examples which can be given in this context. In this study, “crime of manipulation on prices” which is not dwelled on adequately in the doctrine is examined by featuring the controversial points.
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