Relevant bibliographies by topics / Special criminal law

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Special criminal law'

Author: Grafiati
Published: 29 March 2023

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Journal articles on the topic "Special criminal law"

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Santo, Paulus Aluk Fajar Dwi. "Tinjauan tentang Subjek Hukum Korporasi dan Formulasi Pertanggungjawaban dalam Tindak Pidana." Humaniora 3, no. 2 (October 31, 2012): 422. http://dx.doi.org/10.21512/humaniora.v3i2.3342.

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Article clarified corporate application as a law subject that had not been fully applied in Indonesia. Corporate status as a subject for criminal law only could be found in Criminal Law Legislation, out of KUHP that had been categorized as special criminal law, or administrative regulation having crime sanction. The research applied yuridis –normatif and yuridis comparative methods with the following results. There is incompleteness for the status of a corporate, when the corporate will be considered as a liable institution, how to show the liability, etc. The corporate liability in Indonesia in the special criminal law ( outside KUHP), started with UU no. 7/Drt/1955 concerning Economy Criminal Act that later was continued by other special criminal law up to the affects that the corporate responsibility did not work in general, but it was only limited and applied to some special regulations out of those KUHP. Therefore, the design of Criminal Law Regulations that will be authorizeed into Law is supposed to be able to be guidance in overcoming corporate ‘s criminals
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ĆUJIĆ, MIODRAG. "CRIMINAL ASSOCIATION IN INTERNATIONAL CRIMINAL LAW." Kultura polisa, no. 44 (March 8, 2021): 23–35. http://dx.doi.org/10.51738/kpolisa2021.18.1r.1.02.

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The criminal association was a criminal offense of the Joint Plan and Conspiracy, or a special form of Crime against Peace, which was highlighted as such in the Nuremberg and Tokyo trials. In the recent practice of international criminal courts, this institute is used in a certain way, but its function is often subordinated to political abuses. By labeling certain political regimes as a “criminal association” by the so-called international political elites are provided with a wide margin of maneuver to justify their “humanitarian interventions” which are the consequence of a common criminal goal. From the middle of the 20th century until today, it is possible to identify violations of international law that occurred as a result of the activities of a criminal association, which continues with increased intensity. If the covert activities of real criminal associations continue, the main outcome will not be the achievement of world peace, but hegemony. In order to prevent this tendency, it is necessary to redefine the place of the Criminal Association in international criminal law, to point out the permanent cases of their actions, their subjects and the ways in which these same subjects avoid responsibility.
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Hulsman, Louk. "The Abolitionist Case: Alternative Crime Policies." Israel Law Review 25, no. 3-4 (1991): 681–709. http://dx.doi.org/10.1017/s0021223700010694.

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We are inclined to consider “criminal events” as exceptional, events which differ to an important extent from other events which are not defined as criminal. In the conventional view, criminal conduct is considered to be the most important cause of these events. Criminals are — in this view — a special category of people, and the exceptional nature of criminal conduct, and/or the criminal, justify the special nature of the reaction against it.People who are involved in “criminal” events, however, do not in themselves appear to form a special category. Those who are officially recorded as “criminal” constitute only a small part of those involved in events that legally permit criminalisation. Among them, young men from the most disadvantaged sections of the population are heavily overrepresented.
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Shaykova, Marina V. "PECULIARITIES OF THE INTERNATIONAL LAW STATUS OF JUVENILE DELINQUENTS." International criminal law and international justice 1 (January 14, 2021): 6–10. http://dx.doi.org/10.18572/2071-1190-2021-1-6-10.

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The article examines the criminal procedure status of minors, its difference from the criminal procedure status of adult criminals, analyzes international legal standards of juvenile responsibility, substantiates the characteristics of a minor accused, which should affect the procedural order of criminal proceedings. The author pays special attention to the personality of the minor, as well as the psychological predisposition of juvenile offenders to dependence on psychoactive substances.
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Benkivskyi, V. "SPECIAL ISSUES OF CAUSATION: CRIMINAL LAW ASPECT." “International Humanitarian University Herald. Jurisprudence”, no. 51 (2021): 120–24. http://dx.doi.org/10.32841/2307-1745.2021.51.24.

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Dyer, Andrew, and Arlie Loughnan. "Introduction to special issue on criminal law." Current Issues in Criminal Justice 35, no. 1 (January 2, 2023): 1–3. http://dx.doi.org/10.1080/10345329.2022.2161729.

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Masenko, A. A. "Law enforcement of the institution of special confiscation: the experience of Europe and North America." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 276–80. http://dx.doi.org/10.24144/2788-6018.2022.01.51.

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The article gives a comparative legal analysis of the definitions of "confiscation", "special confiscation". Special confiscation means the compulsory free confiscation of certain property by a court decision in the cases specified by law, subject to the commission of a certain criminal offense or socially dangerous act. The introduction of special confiscation as an independent institution of criminal law of Ukraine is a natural stage in the development of domestic criminal law and, in general, is consistent with modern requirements of international law and the practice of special confiscation in foreign countries. The conditions for the application of this measure of criminal law are determined. The characteristics of legal bases and types of property subject to gratuitous confiscation from persons who have committed crimes are given. Comparing the norms on the special confiscatio in the Ukrainian legislation and codes of European countries, Canada and the United States, the most detailed model of such a measure of criminal law was identified. So in the Criminal Code of Canada everything is regulated in detail. Of practical interest is the rule that a person can be warned about the confiscation of his property, only in cases where the court is convinced that he will not transform it (destroy, divide, sell). The German Criminal Code has provisions on the confiscation of criminally obtained property. Yes, if the item cannot be confiscated because it was used or damaged - the court may decide to recover its value, or such recovery may be imposed as additional - ie the item is collected and its value (similar rules are in Ukrainian customs law - when for non-declaration of a certain object transported across the border of Ukraine - the object is confiscated and 100% of its value).
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Zakomoldin, R. V. "ON THE FORMAL ASPECT OF REGULATION OF THE CRIMINAL LEGAL IMPACT IN RESPECT OF MILITARY PERSONNEL IN THE RF CRIMINAL CODE." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 1 (2021): 5–11. http://dx.doi.org/10.18323/2220-7457-2021-1-5-11.

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The paper analyzes special norms and provisions of the RF Criminal Code reflecting the specifics of criminal law impact towards such a particular subject as military personnel. The author studies the nature, meaning, and varieties of special criminal law norms. The paper highlights the diversity of such norms and their presence in General and Special parts of the criminal law. In this respect, the author explains that these norms have a dual purpose: they are applied both instead of general norms and along with them, supplementing and specifying them. The author emphasizes the certainty, necessity, and reasonability of special norms and provisions in criminal law. The study pays special attention to military criminal legislation as a special criminal legal institution and a set of special rules and provisions that allows differentiating and individualizing criminal responsibility and criminal punishment of servicemen, taking into account the specifics of their legal status and the tasks they perform in the conditions of military service. The author considers special norms and provisions of the General Part of the RF Criminal Code regulating particular military types of criminal punishment and the procedure for their imposition (Articles 44, 48, 51, 54, 55), as well as the norms and provisions of the Special Part of the RF Criminal Code on crimes against military service (Articles 331–352). Besides, the study identifies close interrelation and interdependence of special norms and provisions of the criminal law with the criminal procedure and criminal executive legislation because they are the elements of a single mechanism of criminal law impact on military personnel, and only their combination ensures the effectiveness of such impact. Based on the analysis, the author formulates the conclusions and proposals to introduce amendments and additions to the RF Criminal Code concerning military criminal legislation. First of all, the author proposes highlighting the section “Criminal liability of military personnel” and the chapter “Features of criminal liability and punishment of military personnel” in the General part of the RF Criminal Code and abandoning the provision of part 3 of Art. 331 in the Special part.
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Руслан Георгиевич, Асланян. "STRUCTURE OF THE INSTITUTE OF THE SPECIAL PART OF CRIMINAL LAW." NORTH CAUCASUS LEGAL VESTNIK 1, no. 1 (March 2022): 136–41. http://dx.doi.org/10.22394/2074-7306-2022-1-1-136-141.

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The article is devoted to the structure of the institution of a special part of criminal law in the prism of a set of normative prescriptions fixed both in the criminal law and having a different branch affiliation. The thesis is substantiated that the institution of a special part of criminal law is a system of regulatory prescriptions. As a result of scientific research, the construction of criminal law protection is recognized as a criterion for the formation and systematization of criminal law institutions.
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Marin, Oleksandr. "SPECIAL TYPES OF THE ABUSE OF SPECIAL STATUS OPPORTUNITIES IN CRIMINAL LAW OF UKRAINE: THE CONCEPT AND SYSTEM." Visnyk of the Lviv University. Series Law 73, no. 73 (November 30, 2021): 140–49. http://dx.doi.org/10.30970/vla.2021.73.140.

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It is submitted that the abuse of special status opportunities in the Criminal Code is shown as general prohibitions of abuse as well as special types of those criminal offenses, that are contained mostly in chapters of the Special Part of the Criminal Code of Ukraine other than Chapter XVII. The existing theory of criminal law does not contain monographic complex studies of the concept and system of the special types of the analyzed criminal encroachments. This state indicates a gap in science. The author suggests and defends the hypothesis that among the criminal offenses, which by their nature are considered as the abuse of special status opportunities and are its special types, two groups of encroachments can be distinguished: – provided for in the special norms of criminal law, – provided for in the specific norms of criminal law. It is established that special types of the abuse of special status opportunities, that are enshrined in chapters of the Special Part of the Criminal Code of Ukraine other than Chapter XVII, can be expressed as special and specific criminal norms. In the case of a special criminal norm, a situation of competition of criminal norms should be resolved in accordance with the well-known principle Lex specialis derogat generali. Another correlation occurs when special types of the abuse of special status opportunities are provided for in the specific criminal norms. It seems that the legislator introduces these norms in criminal law as follows. Certain special types are distinguished from a variety of the abuse of special status opportunities. The social dangerousness of them is shown as the existence in their construction of solely specific features, which accomplish a criminal formation function. It seems that the correlation between these specific norms and norms that establish liability for the general types of abuse will be the correlation of the adjacent corpora delicti, and the problem of distinction shall be solved with the competition rules.
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Dissertations / Theses on the topic "Special criminal law"

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Podcameni, Ana Paula. "The Contribution of the Special Court for Sierra Leone to the Law on Criminal Responsibility of Children in International Criminal Law." FIU Digital Commons, 2017. http://digitalcommons.fiu.edu/etd/3358.

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The revision of laws and the application of culpability to those most responsible for serious humanitarian law violations has functioned as a necessary condition for achieving peace in most post-war societies. However, there is an embarrassing silence when it comes to addressing the question of whether children are to be subjected to the principle of individual criminal responsibility. As morally controversial as it is, the question remains fundamental. Unfortunately, children have been involved in armed conflicts, as victims primarily, but not exclusively. Children are among those accused of having committed brutal and terrible international crimes in times of armed conflict when part of armed groups or armed forces. And with no consensus within the international community regarding their status within International Criminal Law — no established law within International Law and no consistent practice among states on the issue— the problem of criminal accountability of children accused of international crimes remains unanswered. The current work conducts a legal positivist analysis with the focus of investigating the contribution of the Special Court for Sierra Leone to the current debate on children’s criminal responsibility under International Criminal Law. Among significant contributions, the Statute of the Special Court brought one interesting innovation to the debate on children’s potential criminal responsibility. Juveniles starting at age fifteen would be considered viable for prosecution if among those most responsible for the Special Court, as established in Article 7.1. The above innovation translates into two essential contributions to the debate on children criminal responsibility for international crimes: first the Special Court was the first international court to elect a minimum age of criminal responsibility (MACR) at age fifteen to be operational within the scope of the court. Secondly, and equally important, the court reflected the position that children, after the stipulated MACR would be considered, at least a priori, viable subjects of the international criminal system.
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Rindler, Julian. "Hybrid courts and their impact on the development of substantive international criminal law." Thesis, University of the Western Cape, 2013. http://hdl.handle.net/11394/4533.

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Magister Legum - LLM
The aim of this study is to scrutinise, in particular, the legal bases of and decisions taken by various hybrid courts with regards to such consolidating or fragmenting effects on substantive international criminal law. The first section (Chapter 2), it will examine what is to be understood by the notion of a hybrid court. This will be followed by an analysis of the hybrid courts that have been established thus far. Furthermore, the advantages and reasons for which hybrid courts have been established in recent decades will be discussed, especially regarding their potential advantages as a transitional justice instrument. Moreover, disadvantages of hybrid courts and their deficiencies in the past will be addressed. Subsequently, the role of hybrid courts within the international legal system and their utility in the future will be discussed. This will include, on the one hand, the scope of the jurisdiction of hybrid courts in relation to other national and international criminal courts, especially vis-à-vis the ICC. On the other hand, it will be addressed whether hybrid courts will – or should – be established in the future, given the creation of the permanent ICC as well as the shortcomings of hybrid courts in the past. Against this background, the impact of hybrid courts on the further development of international criminal law will be assessed in the third section of the paper (Chapter 4). In this regard, the discussion will focus on a representative selection of hybrid courts, namely the Special Court for Sierra Leone (SCSL), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Special Tribunal for Lebanon (STL). It will be discussed how their legal bases as well as their jurisprudence relate to the previous state of international criminal law, and whether they constitute adverse diversifications or positive contributions to international criminal law. In a concluding section (Chapter 5), the results of the study will be analysed and possible correlations between the structural elements of hybrid courts and their impact on international criminal law will be discussed. Finally, further questions regarding the use of hybrid courts in the future will be addressed.
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Hedkvist, Elin. "Girls and Boys at War : Child Soldiers in International Law." Thesis, Örebro University, School of Law, Psychology and Social Work, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-9453.

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The recruitment, enlistment and use of children younger than fifteen to participate actively in hostilities is prohibited in customary international law as well as in several international legal instruments. The use of child soldiers is, despite of the prohibition, a widespread phenomenon with 300 000 as the estimated number of child soldiers in national armies as well as in various rebel and insurgent groups in the world today. Although the problem is world-wide; most recent focus have been on Africa where children have served and still serve in ongoing conflicts in various functions including but not limited to front line soldiers, messengers, guards and sex-slaves. Many of the world‟s child soldiers are girls that are facing the risks of sexual abuse and discrimination. In this thesis the 1996-2002 civil war in Sierra Leone will serve as an example of a conflict were children were used as soldiers.Prohibition against the use of child soldiers can be found in international legal instruments in both human rights law and international humanitarian law. It can also be found in instruments in the fields of international labor law and prohibition against slavery. The provisions differ in their definition of a child soldier; concerning age limit as well as the child‟s function during the conflict. There are also differences in the responsibility of states to protect children against being used as soldiers. This particularly affects girl soldiers since they often have their primary tasks behind the front line and thus are not usually included in the more narrow definitions of child soldiers.Two courts; the International Criminal Court (ICC) and the Special Court for Sierra Leone (SCSL) are used as examples of enforcement mechanisms. The SCSL as being the first court to deliver convictions for the use of child soldiers as well as thoroughly discussing the illegality of the use of child soldiers has been of importance in the fight against the use of child soldiers. The ICC will be the enforcement mechanism of the future and it has already prosecuted for the use of child soldiers. The SCSL has raised the awareness and started the struggle against impunity for those responsible for using child soldiers but it is the ICC that will have to continue the fight, although with some obstacles to overcome.

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Souza, Ailton Alfredo de. "Juizado criminal: uma crítica à transação penal diante da tensão entre garantismo e eficiência do procedimento." Universidade Católica de Pernambuco, 2010. http://tede2.unicap.br:8080/handle/tede/907.

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This dissertation investigates the legal institute of the penal transaction applied within the grounds of the Special Criminal Court and its relation with the constitutional principles that guarantee fundamental rights for the citizens in the legal process area. It will be studied the correlation between the concepts of process and procedure and the practice of each procedural act which culminates in the penal transaction: since the transcription of the Detailed Occurrence Term by the police authority to the Preliminary Hearing. The starting point of this investigation is the eventual tension between the legal process principles which is a way of guaranteeing the legal jurisdiction service and the search for efficiency of the penal jurisdiction service as a way of undermining the legal guarantees due to the imbalance of this equation in the current practice of the penal transaction. The investigation starts from a bibliographical revision about the subject and also the analysis of statistical data about the typology of the occurrences and the nature of the legal sentences handed down in the year of 2009 in the Special Criminal Court of the State of Pernambuco. Samples of real cases submitted to the criminal courts are analyzed in order to confront the praxis of the penal transaction with the legal process principles used as basis for that matter. This research demonstrate the existence of the imbalance between garantism and efficiency in the praxis of the Penal Transaction in Brazil and it proposes the basis to materialize this institute together with the constitutional process principles, specially the principle of the due process of law and its corollaries of the wide defense and contradictory.
Esta dissertação investiga o instituto jurídico da transação penal, aplicado no âmbito dos Juizados Criminais e a sua relação com os princípios constitucionais que garantem aos cidadãos direitos fundamentais de natureza processual, inclusive. São estudados a correlação entre os conceitos de processo e procedimento e a prática de cada ato procedimental que culminam com a transação penal: da lavratura do Termo Circunstanciado de Ocorrência pela autoridade policial à Audiência Preliminar. O ponto de partida da investigação é a eventual tensão entre os princípios processuais de viés garantista e a busca pela eficiência da prestação da tutela jurisdicional penal, como geradora de déficit de garantias por causa do desequilíbrio dessa equação na atual prática da transação penal. A investigação parte de uma revisão de bibliografia sobre o tema e também da análise de dados estatísticos a respeito da tipologia penal das ocorrências e sobre a natureza das sentenças prolatadas no ano de 2009, nos Juizados Criminais do Estado de Pernambuco. São analisadas amostras de casos reais submetidos a juízo para cotejar a prática da transação penal com os princípios processuais que a informam. A pesquisa demonstra a existência de desequilíbrio entre garantismo e eficiência na prática da Transação Penal no Brasil e propõe bases para concretização do instituto sob o pálio dos princípios processuais constitucionais, notadamente do devido processo legal e seus corolários da ampla defesa e do contraditório.
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Weski, Emelie. "Law+Impunity=Legitimacy? Rethinking liberal legitimacy of international law with a feminist critical approach." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23954.

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In here, the criminalization of sexual violence is a manifestation of increased recognition of feminism, and proof of international law reaching at liberal criteria for legitimization. Though, in making conclusions other necessary criteria for fully recognized legitimacy are acknowledged (such as other types of rights, types of security and other levels for analysis). Though, from a strict feminist critical approach the criminalization of sexual violence, and the extent of such criminalization can by itself prove legitimacy or illegitimacy.The criminalizing of sexual violence took place over 100 years ago, yet the systematic use of it in warfare was not publicly condemned until the ICTR (International Criminal Tribunal of Rwanda) and the ICTY (International Criminal Tribunal of former Yugoslavia) (Buss, 2009, p. 356) took on the duty to prosecute and convict. Still today women’s security and sexual violence are research fields that awake a lot of hostile emotions.Findings show that there is few, if any, affects for those tribunals that fail to bring justice to rape victims; calling for an analysis of Walzer’s political fit. The international praxis of impunity supports feminism in an existing ‘male truth’ risking the security of women. The legitimacy of the institution of international law is, however, not dependent on one legal procedure.Liberalist and feminist different interpretations of adequate necessity to create peace frame after 15 224 words a utilitarian illusion which slows down the pace of the implementation of a feminist security agenda. However, the progress is still evidence of strife towards the Kantian society of states. An inconsistent moral consensus finally results in the conclusion that this thesis cannot confirm the institution of international law illegitimate, arguably validating legitimacy.
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Palmcrantz, Conrad. "Women’s war and Women’s justice : A legal feminist analysis of the Colombian Special Jurisdiction for Peace." Thesis, Stockholms universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-181618.

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In 2016, the Colombian government and the FARC-EP guerilla signed a historic peace agreement. After decades of internal armed struggle, the two parties have settled on terms that, hopefully, will allow Colombia to transit from wartime to peacetime. A substantial part of the peace agreement centers on how to adjudicate previous wrong-doings and bring perpetrators of conflict-related crimes to justice. For this purpose, the parties have created a temporary court system called the Special Jurisdiction for Peace (Jurisdicción Especial para la Paz (JEP)). There are several remarkable aspects of the JEP and its legal mandate. However, this thesis focuses on the court’s explicit gender-based approach (enfoque de género). Through applying an international legal feminist method, the thesis establishes how the JEP functions, and how it takes account of gendered aspects. As a second step, the JEP is evaluated in light of international standards. The author concludes that the gender-based approach is in line with international norms on gender and transitional justice. As to equal participation, the JEP has a gender-balanced bench of magistrates, and it has launched a victims’ protection program that expressly focuses on gender-based violence. Furthermore, the JEP has incorporated procedural guarantees to prevent the re- traumatization of victims and witnesses. Additionally, the amnesty provisions of the JEP avoid impunity for gender-based crimes. Nevertheless, there are aspects of the JEP that limit the reach of the gender- based approach. Firstly, the JEP will focus on conflict-related public violence, and it lacks jurisdiction over intra-family private violence. Secondly, the court tends to center its attention on sexual violence and does not grant other forms of gender- based violence the same attention. However, these limitations are not unique for the JEP, and similar issues are found in international standards.
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Astudillo, Meza Guillermo, and Montes Sandra Jiménez. "Compliance Programs as a Mechanism to Fight Corruption: Special Reference to Self-Regulation of Companies." Derecho & Sociedad, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/118648.

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This article analyzes the influence self-regulation has had in the recent years as a law instrument that helps monitor corporate organizations, as well as its consequences in the fight against public corruption through corporate compliance programs.
El presente artículo analiza la influencia que en los últimos años ha tenido el fenómeno de la autorregulación para el derecho como mecanismo de supervisión de las organizaciones empresariales y sus implicancias en la lucha contra la corrupción pública a través de los programas de cumplimiento para las empresas.
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Mitchell, David Scott. "Voicing the Silent War Crime: Prosecuting Sexual Violence in the Special Court for Sierra Leone." Miami University Honors Theses / OhioLINK, 2006. http://rave.ohiolink.edu/etdc/view?acc_num=muhonors1146448301.

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Touillier, Marc. "Procédure pénale de droit commun et procédures pénales spéciales." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10031.

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La procédure pénale est le théâtre de réformes législatives incessantes qui aboutissent à une multiplication sans précédent des régimes spécifiques à certaines catégories de délinquants ou d'infractions. Il en résulte un éclatement du système procédural pénal qui accroît la complexité de la matière et fait perdre de vue le sens même de l'adaptation des règles. L'analyse de la procédure pénale sous l'angle de la dialectique du droit commun et du droit spécial permet de prendre conscience de l'importance qu'il convient d'attacher, d'une part, à la distinction entre un régime applicable à toutes les affaires pénales et des régimes applicables à certaines d'entre elles, d'autre part, à la gestion des rapports entre ces différents types de régimes. Mise à l'épreuve de la procédure pénale, la distinction entre droit commun et droit spécial souffre d'une méconnaissance profonde en l'état actuel du droit. Celle-ci est traduite par la difficulté à situer les frontières du droit commun et du droit spécial, mais surtout attestée par la marginalisation progressive du droit commun face à l'expansion continue du droit spécial. La reconnaissance de la distinction entre droit commun et droit spécial n'en apparaît que plus nécessaire tant elle est, en réalité, consubstantielle à l'organisation de la procédure pénale. Mise à l'épreuve des rapports entre droit commun et droit spécial, la procédure pénale souffre, quant à elle, du désordre qui règne en ce domaine. Le désintérêt du législateur pour les rapports entre procédure pénale de droit commun et procédures pénales spéciales impose, dès lors, de chercher les moyens propres à assurer la maîtrise des relations entre ces ensembles
Incessant legislative reforms in criminal procedural law produce an astonishing multiplication of specific procedures for certain categories of offenders or offences. Criminal procedural system is torn apart, increasing the complexity of law and clouding the very meaning of rules' adaptation. The dialectic of ordinary and special rules of law casts a new light on the evolution of criminal procedural law. On the one hand it is important to make a distinction between a common procedural framework that is applicable to every criminal case and specific procedures only applicable to some of them. On the other hand it becomes vital to manage the connections between these two types of law. Regarding the first point, there is a profound misunderstanding of the distinction in contemporary law. Indeed, it is difficult to determinate the frontiers of ordinary and special rules of criminal procedural law. Moreover, it is obviously attested by a progressive marginalization of ordinary criminal procedure facing an ever-expansion of special criminal procedures. A new understanding of the distinction appears even more necessary because the distinction between ordinary and special rules of law is essential to organize the criminal procedural system. Regarding the second point, criminal procedural law suffers from the resulting disorder from the mismanagement of the connections between ordinary and special rules. While the lawmakers seem not to pay much attention, the actual disorder cries out for appropriate means to control the connections between ordinary criminal procedure and special criminal procedures
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Chang, Kcomt Romy Alexandra. "Constitutional function assigned to the penalty: Bases for a criminal policy plan." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/116385.

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This article intends to analyze treatment and functions assigned to the penalty by our Peruvian Constitution and the way this legal institution is conducted at the prescribed basic penalty level (imposed by the legislator ineach type of criminal offence), the specific penalty level (imposed by the judge according to its individual characteristics in each case) and at the penitentiary enforcement level. Finally recommends some considerations for carrying out a possible legislative reform in accordance with a criminal policy plan within our constitutional framework.
El presente trabajo busca efectuar un análisis en torno al tratamiento y las funciones que nuestra Constitución política asigna a la pena, y la manera como dicha institución se desarrolla en nuestro país con respectoa la pena abstracta (la impuesta por el legislador en cada tipo penal), la pena concreta (la impuesta por el juez luego de una individualización en cada casoconcreto), y su ejecución en el ámbito penitenciario. Finaliza proponiendo algunas consideraciones para una eventual reforma legislativa conforme conun plan de política criminal que se encuentre dentro del marco constitucional.
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Books on the topic "Special criminal law"

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Dvoryanskov, Ivan, Artur Avdalyan, Viktor Borkov, Yana Vasil'eva, Mihail Bugera, Ella Gustova, Mevlud Davitadze, et al. Criminal law. The special part. ru: INFRA-M Academic Publishing LLC., 2023. http://dx.doi.org/10.12737/1872621.

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The textbook has been prepared in accordance with the provisions of the Constitution of the Russian Federation, the Criminal Code of the Russian Federation, federal laws, international legal acts. The concepts, categories and institutions of the Special part of criminal law are considered in detail, a general description is given and a detailed analysis of the elements of crimes is carried out, the issues of qualification of criminal acts are investigated. Special attention is paid to the principles and features of the construction of sanctions in the norms of the Special Part of the Criminal Code of the Russian Federation. Changes in criminal legislation have been taken into account, and the latest scientific, educational and methodological literature on criminal law has been used. The material is presented in an accessible form for effective assimilation of the training course. Meets the requirements of the federal state educational standards of higher education of the latest generation. For students, cadets, trainees studying in the field of training 40.03.01 "Jurisprudence" and specialties 40.05.01 "Legal support of national security", 40.05.02 "Law enforcement", 40.05.03 "Forensic examination", 40.05.04 "Judicial and prosecutorial activities", as well as for judges, law enforcement officers and anyone interested in criminal matters rights.
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V, Sison Carmelo, ed. Special criminal laws. [Manila?: s.n.], 2009.

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Agil'din, Vladimir, and Svetlana Parhomenko. Criminal law: a special part. Workshop. ru: INFRA-M Academic Publishing LLC., 2023. http://dx.doi.org/10.12737/1876367.

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The textbook contains instructions and practical tasks for independent work, before working on which you should refer to the section "General guidelines for solving problems and other materials (a list of regulations, lists of recommended literature, topics for term papers) necessary for conducting practical classes on a special part of criminal law." The samples of test tasks and the keys to their solution are an integral part of the workshop. The tasks were compiled in accordance with the provisions of the Criminal Code of the Russian Federation, taking into account the changes made as of 01.09.2022. Meets the requirements of the federal state educational standards of higher education of the latest generation and the program for the discipline "Criminal Law". For undergraduate students studying in the field of training 40.03.01 "Jurisprudence".
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Special penal laws. Manila, Philippines: Rex Book Store, 2010.

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Inogamova-Hegay, Lyudmila, Elena Antonova, Tat'yana Klenova, Ivan Klepickiy, and Aleksandr Korobeev. Criminal law of the Russian Federation. Special part. ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/520982.

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The textbook is prepared by leading scientists, professors, doctors of legal Sciences on the basis of international documents, the Constitution, Criminal code, other Federal legislation, scientific literature, judicial practice in recent years. Meets the requirements of the Federal state educational standards of higher education of the latest generation. For students of higher education institutions.
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University of Yaoundé. Faculty of Law and Economics., ed. Lectures in criminal law: Specific offences in cameroonian criminal law= le droit penal special camerounais. [Yaounde]: University of Yaounde, Faculty of Law and Economics, 1986.

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Pakistan. Criminal local & special laws: Minor acts : central and provincial. Lahore: Lahore Law Times Publications, 2004.

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Boado, Leonor D. Notes and cases on special penal laws. Manila, Philippines: Rex Book Store, 2007.

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Zahid, Mahmood, ed. Criminal, local & special laws, minor acts, central & provincial. Lahore: National Law Book House, 2008.

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Pakistan. Criminal local & special laws, minor acts central & provincial. 2nd ed. Lahore: Nadeem Law Book House, 2007.

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Book chapters on the topic "Special criminal law"

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Acale Sánchez, María, Ivana Marković, and Susanne Strand. "Gender Competent Criminal Law." In Gender-Competent Legal Education, 429–65. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-14360-1_13.

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AbstractThe following chapter deals with the general and special part of criminal law from a gender perspective. It analyses, in particular, the provisions from the Council of Europe Convention on preventing and combating violence against women and domestic violence, the Istanbul Convention, from 2011. The Istanbul Convention is the most comprehensive international legal instrument that outlines binding obligations to states to prevent and combat violence against women and girls. Furthermore, the Istanbul Convention contains several institutes and behaviours that have to be criminalised in the respective national jurisdictions, covering and combining dogmatics and criminal policy issues with a foundation substantially based on gender. The chapter also explores gender issues in a more general way, interpreting criminal law and its challenges towards gender equality. The special part raises questions regarding criminal law and its compatibility with the Istanbul Convention and national laws.
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Patti, Salvatore. "Intra-Family Torts: From Immunity to Special Rules in Criminal and Civil Law." In Ius Comparatum - Global Studies in Comparative Law, 149–57. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-93758-8_9.

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Tsykora, Anna, and Veronika Talanina. "THE OBJECT OF THE CRIME AS A CRITERION FOR BUILDING A SYSTEM OF INSTITUTIONS OF A SPECIAL PART OF CRIMINAL LAW." In Socio-economic and legal problems of modern society, 107–12. au: AUS PUBLISHERS, 2022. http://dx.doi.org/10.26526/chapter_61e7f12a971677.12632055.

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A crime is any act or omission in the process of breaking a law prohibiting an act or omission. This article will analyze the object of the crime from the point of view of one of the criteria underlying the construction of the system of institutions of the Special Part of Criminal Law
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"Special liability." In Principles of Namibian Criminal Law, 139–50. Langaa RPCIG, 2022. http://dx.doi.org/10.2307/j.ctv2gs4gzs.15.

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Brice, Dickson. "9 Criminal Justice." In The Irish Supreme Court. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198793731.003.0009.

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This chapter selects five issues within the sphere of criminal justice to exemplify how the Irish Supreme Court has made its mark in the field. It looks first at the Court’s approach to the principle that prosecutions should be ended if they are unfair to the defendant and then moves to related issues surrounding use of the Special Criminal Court. It considers whether the Supreme Court has done enough to police the Special Criminal Court and whether reforms are necessary in that domain. In examining the Supreme Court’s views on the right to bail and on the admissibility of evidence which has been obtained unconstitutionally or otherwise illegally (with particular reference to the Damache and JC cases), comparisons are made with other common law jurisdictions. A final section looks at the Supreme Court’s position regarding the retrospectivity of declarations of incompatibility in criminal cases.
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Bung, Jochen. "Is International Criminal Law Special?" In Why Punish Perpetrators of Mass Atrocities?, 129–34. Cambridge University Press, 2020. http://dx.doi.org/10.1017/9781108566360.010.

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Oda, Hiroshi. "Criminal Law and Procedure." In Japanese Law, 450–66. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198869474.003.0019.

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The primary statute of criminal law in Japan is the Criminal Code of 1907. There are various separate laws which provide for specific crimes, generally denoted as ‘special criminal laws’. Some offences were added by way of such special laws in the recent years including the law against terrorist acts of 2019. The The Criminal Code is divided into the General Part and the Special Part. The former lays down the general principles and basic concepts of criminal law such as intention, negligence, attempt, accomplice, etc. The latter lists specific offences. Constitution guarantees the rights of defendants and suspects. Criminal procedure has become much more transparent, and better protection is given to suspects.
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Simester, A. P. "Why Not-doings are Special." In Fundamentals of Criminal Law, 131–53. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198853145.003.0006.

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This chapter discusses criminal liability for omissions. The criminal law draws a basic distinction between things done and things not done. Its default rule is that one is not accountable for failing to prevent something that it would be a crime to bring about by a positive act. There are, of course, exceptions to the default rule, in as much as the law often imposes distinct duties to intervene and prevent harm. However, the concern in this chapter is with why the default rule itself should exist. One reason is that not-doings are typically less culpable, and the law has good reasons to acknowledge this by means of its default rule requiring a positive act. More importantly, though, the doing/not-doing distinction matters for reasons of ascriptive responsibility. Distinct duties are, first and foremost, conduits to holding the defendant accountable for an event or outcome. Absent such a duty, a not-doer is prima facie not accountable for the consequences of her deed: whereas a doer is. The chapter looks first at the nature of not-doings and omissions generally; considers whether not-doings really are less culpable; then investigates the argument from ascriptive responsibility for differentiating their treatment.
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Kai, Ambos. "VI Attempt as a Special Form of Individual Criminal Responsibility." In Treatise on International Criminal Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780192844262.003.0006.

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This chapter first explains why attempt – an incomplete offence lacking the fulfilment of the actus reus of the respective crime – should be punishable at all and whether/how it is punishable under International Criminal Law. This chapter develops the essential elements of attempt liability on the basis of comparative law with a view to most important national legal systems . It analyses in detail the provision in the Rome Statute and proposes a ‘formula of approximation’ with regard to ‘commencement of execution’ stage (that is the moment of punishability) of attempt. It then applies this attempt formular to the international core crimes. Last but not least, abandonment of attempt is also discussed.
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Alexander, Larry, and Kimberly Kessler Ferzan. "Beyond The Special Part." In Philosophical Foundations of Criminal Law, 253–78. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199559152.003.0012.

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Conference papers on the topic "Special criminal law"

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Arslan, Çetin. "The Effects of the Criminal Law to Arbitration." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00804.

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While the arbitration, in essence, is a special law institution, there are various points it intersect with the criminal law. It is quite important to investigate the aforementioned probabilities that criminal law norms may affect the arbitration procedures and/or decisions and the probable consequences of these. In this respect, the feasibility of the use of the Criminal Procedure Law (i.e. criminal conviction, illegal evidence) in the Arbitration Law, the bindingness and the indirect effects of the decisions of the criminal court and the punitive responsibilities of the refrees are all some of the important issues that can be examined under this heading. The subjects mentioned in the paper will be evaluated from the perspective of Turkish Law theory and practice.
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Strada-Rozenberga, Kristine, and Janis Rozenbergs. "Clarity of a Criminal Law Provision in the Case Law of the Constitutional Court of the Republic of Latvia." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.20.

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The quality criteria for the provisions of criminal law follow from Art. 90 and the second sentence of Art. 92 of the Satversme [Constitution] of the Republic of Latvia. A person may be recognised as being guilty and punished only for such actions that have been recognised as being criminal in accordance with law. A person’s fundamental right to know his or her rights defines the framework for the legislator’s actions because only such a provision that complies with all the quality criteria of a legal provision may be recognised as being a law, i.e., as having been granted legal force. These fundamental rights require the legislator to take special care in drafting legal norms that envisage criminal liability, which is the most severe form of legal liability. The Constitutional Court of the Republic of Latvia has repeatedly engaged in assessing the quality of criminal law provisions. This study provides an insight into the Constitutional Court’s approach to reviewing the clarity of criminal law provisions and summarizes the most important findings made by the Constitutional Court regarding this issue.
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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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Golubeva, Elizaveta Alekseevna. "COMPARATIVE-LEGAL ASPECTS OF THE REGULATION OF CRIMINAL LIABILITY FOR CRIMES COMMITTED BY A SPECIAL SUBJECT IN THE CRIMINAL LAW OF RUSSIA AND FOREIGN COUNTRIES." In International Scientific and Practical Conference. TSNS Interaktiv Plus, 2022. http://dx.doi.org/10.21661/r-557315.

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This article is devoted to the comparative-legal research of crimes committed by a special subject, the responsibility for which is provided for in the criminal law of Russia and other foreign countries. For the correct qualification of the crime, the special characteristics of the subject are important, since the persons who possess them bear increased responsibility. In the course of the research, the author reveals similarities and differences in the insight by legislators of foreign countries of a special subject of crime, in compare with the criminal legislation of Russia, and also suggests using the experience of foreign countries to improve Russian legislation in the criminal sphere.
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Arslan, Çetin, and Didar Özdemir. "The Protection of Bank and Customer Secrets by Criminal Law." In International Conference on Eurasian Economies. Eurasian Economists Association, 2017. http://dx.doi.org/10.36880/c09.01988.

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The Turkish Penal Code (TPC) no.5237 embodies “the reveal of bank and customer secrets” as a crime. However, neither article 6 of the TPC titled “definitions” nor the legal justification of the article contains the definition of the bank or customer secret. On the other hand, the bank or customer secrets are under guarantee of four different codes. These dispositions can be counted as the article 239 of the TPC, the articles 35 and 68/II/a of the Turkish Republic Central Bank Code dated 14.01.1970 and numbered 1211, the articles 73 and 159 of the Banking Code dated 19.10.2005 and numbered 5411 and also the articles 8, 23 and 31 of the Bank Cards and Credit Cards Code dated 23.02.2006 and numbered 5464. Though, these two special codes do not make a connection to the article 239 of the TPC which constitutes the general norm nor the TPC makes a reference to those dispositions. In this study, we will try to explain first the notions of bank and customer secrets, then the penal norms protecting the bank and customer secrets and last, the elements of the crime disposed in the article 239 of the TPC.
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Pandilova, Nadya. "TRANSPORT CRIMES IN THE CONTEXT OF PROFESSIONAL NEGLIGENCE." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.298.

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This report aims to reveal and examine the historical aspects of the separation of certain transport crimes from the crimes committed with professional negligence. For a long period, the doctrine had the understanding that the transport activities being a source of major danger are only an aspect of the issues regarding professional negligence. In relation to that, the crimes committed by drivers (whether these drivers were professional or unprofessional) were qualified as crimes committed with professional negligence (under art. 131 and art. 146 of the Criminal Code from 1956), while only crimes committed by transport workers and employees were qualified under the special constituent elements of the crimes under art. 333 and art. 334 of the Criminal Code from 1956. Through amendments in 1982 with the Act to Amend and Supplement the Criminal Code, the drivers are included in the scope of possible subjects of the crimes against transport and communications along with the transport workers or employees. Through these legislative changes (the adoption of the provisions of art. 342 and art. 343 of the present Criminal Code) the aimed unification in the penal responsibility of the transport workers and the unprofessional drivers of motor vehicles is achieved.
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"CRIMES IN THE BANKING SPHERE IN A SPECIAL PART OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION." In Current Issue of Law in the Banking Sphere. Samara State Economic University, 2019. http://dx.doi.org/10.46554/banking.forum-10.2019-80/83.

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Пасько, Н. Э. "Law enforcement practice of territorial bodies of military police in criminal proceedings." In XXIII Международная научная конференция «Цивилизация знаний: российские реалии» «Цивилизационные задачи современного правоведения: наука, образование, практика» (стратегическая панель). Crossref, 2022. http://dx.doi.org/10.18137/cz22.2022.50.58.001.

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В статье проводится анализ деятельности территориальных органов военной полиции в рамках уголовного процесса. Отдельное внимание уделено правоприменительной практике. Рассмотрено нормативное регламентирование их служебной деятельности. Обнаружен ряд коллизий, имеющих системный характер. Сделан вывод о необходимости своевременного совершенствования существующей нормативно-правовой базы. The article analyzes the activities of the territorial bodies of the military police in the framework of criminal proceedings. Special attention is paid to law enforcement practice. The normative regulation of their official activity is considered. A number of collisions of a systemic nature have been detected. The conclusion is made about the need for timely improvement of the existing regulatory framework.
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Krastiņš, Uldis. "Latvijas Republikas Satversme – krimināltiesību sistēmas konstitucionālais pamats." In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.02.

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The article provides an analysis of the group object in criminal law and its meaning in the formation of the Special Part of the Criminal Law, as well as argumentation of the opinion that the basis of that system – the state, society and human fundamental interests recognized and protected in the Satversme of the Republic of Latvia.
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Silaban, Mangimpal. "Urgency of Strengthening the Role of Directorate of Special Crimes of Indonesian National Police in The Special Criminal Law Enforcement." In Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.1-7-2020.2303642.

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