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1
Thirlaway, Vicky. « Conspiracy ». Journal of Criminal Law 81, no 6 (décembre 2017) : 455–66. http://dx.doi.org/10.1177/0022018317749399.
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The proliferation of statutory and common law powers that can be utilised to manage and control public protest gives the police a wide range of options to in any given scenario and requires a careful balance to be struck between the maintenance of order and facilitation of convention rights. This paper discusses a novel use of the criminal law of conspiracy and considers the potential benefits of this approach and the ramifications for the protection of convention rights. It is submitted that the controversial use of the criminal law against Chinese dissidents in the UK was perhaps a result of the law of unintended consequences arising from the development of a body of law that has been piecemeal and reactive.
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Fichtelberg, Aaron. « Conspiracy and International Criminal Justice ». Criminal Law Forum 17, no 2 (20 octobre 2006) : 149–76. http://dx.doi.org/10.1007/s10609-006-9013-6.
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Haryono, Haryono, et Bambang Tri Bawono. « Relevance Of Legal Certainty In Criminal Of Consent In The Eradication Of Corruption Law ». Law Development Journal 3, no 3 (12 août 2021) : 496. http://dx.doi.org/10.30659/ldj.3.3.496-504.
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This study aims to analyze and determine the construction of evil consensus in corruption in Indonesia; legal weaknesses in cases of criminal conspiracy in corrupt criminal acts as well as reconstruction of evil conspiracy in criminal acts of corruption based on progressive law. The research uses a sociological juridical approach. Based on the research conducted, it was found the fact that the implementation of law enforcement in cases of conspiracy related to corruption is currently not fair, this is due to the unclear elements in the criminal act of conspiracy in corruption cases so that existing law enforcement is based on political interests, where the authorities will be able to looking for a way out of the snares of Article 15 of Act No. 31 of 1999 Jo. Act No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, while parties who do not have the authority to power will not be able to escape the snares of Article 15 of Act No. 31 of 1999 Jo. Act No. 20 of 2001 concerning the Eradication of Corruption Crimes.
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Kleymenov, Mikhail. « Criminological Aspects of Conspirology ». Russian Journal of Criminology 14, no 4 (31 août 2020) : 531–40. http://dx.doi.org/10.17150/2500-4255.2020.14(4).531-540.
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The author presents a criminological view of conspirology - the area of knowledge that analyzes phenomena connected with conspiracy, secret, undercover, hidden activities. From the criminological perspective, there are several dimensions to conspirology, each of which requires an independent analysis and methodological approach. The first one is traditional and relates to complicity or criminal conspiracy. The author shows the limited character of the Russian doctrine of participation in counteracting organized crime and objects against tabooing the topic of criminal conspiracy among the representatives of the legit bodies of power and governance. The second dimension describes the conspiracy of criminal activities, professional criminal management defined as the management of: 1) a criminal organization; 2) persons involved in criminal activities by criminal communities and their leaders; 3) convicted inmates. This leads to the concept of criminal bosses as persons involved in criminal management. The third dimension is connected with the interaction and cooperation between the representatives of official and criminal powers. The problem of corruption is especially relevant here. The fourth dimension relates to the criminalization of public relations of different types and levels, or the sliding of public governance into the quagmire of criminality, which, in its final form, leads to the emergence of a criminal state. The fifth dimension, most actively discussed at present, is the criminal plans of globalists, this deep subject of the world politics. Global conspirologists live in a surreal world of their own making, they signify negative social dynamics - backward movement to the past, to the «dark ages» of paganism. They are characterized by a criminal mentality. In the conditions when simulacra are piling up in the information space, each thinking individual is forced to decide whose side to pick: either that of the adepts of global conspiracy projects or of their opponents. The author suggests using the criminological criterion as one of the foundations for making this decision and determining how criminal the implemented projects are and how criminogenic are their consequences.
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Zhukova, S. S. « Organized Crime under Anglo-Saxon Criminal Law : Features of Legislative Regulation ». Actual Problems of Russian Law 15, no 1 (20 février 2020) : 151–60. http://dx.doi.org/10.17803/1994-1471.2020.110.1.151-160.
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The paper is devoted to the comparative legal analysis of the group commission of a crime under Anglo-Saxon criminal law. The commission of a crime in conspiracy has an increased public danger and poses a serious threat to each state and society as a whole. Foreign lawmakers take different approaches to the definition of organized crime, taking into account its heterogeneous nature. The author studies the specificity of the legislative regulation of variations in criminal groupings in common law countries. A comparative analysis of the legislative regulation of organized crime allows us to note the positive experience that can be used to improve domestic criminal law governing forms of conspiracy and law enforcement.The study notes that the criminal law of the Anglo-Saxon legal family is characterized by a low level of systematization of legislation and increased attention to the norms (decisions) expressed in the judicial precedent. At the same time, the existing criminal law standards governing the institution of conspiracy comply with international law. Some common law countries recognize a conspiracy between two or more persons for committing a crime as an organized crime group. It is important to note that this feature is also a characteristic of domestic criminal law. In accordance with Art. 32 of the Criminal Code of the Russian Federation, a conspiracy is the intentional joint participation of two or more persons in the commission of an intentional crime. At the same time, a significant difference between the criminal law of the Anglo-Saxon legal family is the legislative consolidation of the qualitative and quantitative criteria of group formations (criminal association, organized criminal group, gang) depending on the degree of public danger of their crimes.
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Sihotang, Veronika, Widati Wulandari et Erika Magdalena Chandra. « THE ADEQUACY OF THE EVIDENCE IN THE CASE OF EVIL CONSPIRACY OF NARCOTICS CRIMINAL REVIEWED BY EVIDENTIARY THEORY ». Yustisia Jurnal Hukum 9, no 3 (31 décembre 2020) : 386. http://dx.doi.org/10.20961/yustisia.v9i3.42640.
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<em><span lang="EN-ID">Narcotics crime has been considered as a global crime and big issues in attempt to prevent and also by eradicate it. It's not only happens in Indonesia but also for other countries. Narcotics crime in most cases involves more than one person, who cooperates in narcotics crime. One of the criminal act involve more than one person is a conspiracy of narcotics crime. The involvement in the conspiracy is shown by two or more people agree to do narcotics crime. Admissible evidence in conspiracy of narcotics crime becomes the important issue in some of conspiracy's cases. This study used the method of judicial normative approach to review and examine the primary data such as judge's Decision and the secondary data such as related law. The purpose of this study is to know and understand whether the absence of evidence to support the defendant's denial can be the basis to proof personal's guilt and to understand how the quality of the witness testimony can be the basis of criminal conviction.</span></em>
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Wishart, Ian. « The Paradise Conspiracy ». Pacific Journalism Review : Te Koakoa 3, no 2 (1 novembre 1996) : 137–47. http://dx.doi.org/10.24135/pjr.v3i2.598.
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A death, missing computer disks, a wineboxfull of secret files, a tax haven in the Cook Islands, alleged extortion, arms dealing, corruption, coverups and criminal fraud, billion dollar deals, kidnap attempts ... and an investigative television team's struggle to expose the truth.
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Spencer, J. R. « Conspiracy and Kitting out the Criminal ». Cambridge Law Journal 44, no 3 (novembre 1985) : 336–39. http://dx.doi.org/10.1017/s0008197300114722.
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Ambarita, Folman P., et Taufiq Idharudin. « Crimes of Conspiracy and Assistance in Terrorism ». Al-Ishlah : Jurnal Ilmiah Hukum 27, no 1 (21 mars 2024) : 44–59. http://dx.doi.org/10.56087/aijih.v27i1.443.
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This study aims to understand the application of material criminal law to the crime of conspiracy and assistance to commit terrorism. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that the definition of criminal conspiracy in Article 88 of the Penal Code encompasses an agreement between two or more individuals to commit a crime. Initial discussions not directly related to crime planning do not fall within the category of a malicious conspiracy. Furthermore, concerning the crime of terrorism, material criminal law does not differentiate between the roles of conspirators, assistants, and main perpetrators in terrorism. Consequently, an agreement to commit a terrorist crime made by two or more individuals already fulfils the element of criminal conspiracy. In this context, conspirators and terrorism assistants can be prosecuted according to Government Regulation in Lieu of Law Number 1 of 2002, even if the planned terrorist act has not been executed. Therefore, it is recommended for law enforcers, including POLRI, Prosecutors, and Judges, to pay close attention to the nuances of the criminal conspiracy definition according to the Penal Code and Government Regulation in Lieu of Law Number 1 of 2002 in the eradication of criminal acts of terrorism. It is crucial to distinguish between initial discussions that do not indicate preparation for a criminal act and explicit agreements to commit a terrorist crime. Law enforcers must apply a thorough understanding of how material criminal law classifies conspirators, assistants, and main perpetrators without distinction in terrorism cases. Thus, fair and accurate handling of individuals planning terrorist crimes can be realized while upholding the principles of justice and proportionality in law enforcement.
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Rasskazova, Mariya. « Понятие сговора в уголовном праве ». RUSSIAN JUSTICE 1, no 117 (janvier 2016) : 78–85. http://dx.doi.org/10.17238/issn2072-909x.2016.1.78.
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Chung, Youna. « Critical Review of Criminal Preparation and Conspiracy ». Gachon Law Review 11, no 2 (30 juin 2018) : 91–118. http://dx.doi.org/10.15335/glr.2018.11.2.004.
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Bryskovska, O. M., et O. Yu Levchenko. « Separate problems of detecting the illegal sale of narcotics ». Uzhhorod National University Herald. Series : Law 2, no 81 (8 avril 2024) : 257–61. http://dx.doi.org/10.24144/2307-3322.2024.81.2.40.
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The scientific article examines issues related to identifying the problems of detecting the illegal sale of narcotic drugs, psychotropic substances, their analogues and precursors. A number of problems related to the detection by law enforcement officers of the illegal sale of narcotic drugs have been clarified and outlined. A number of means and measures that organized criminal groups use for the possibility of illegal sale of narcotic drugs have also been established, and they have been considered.
It has been established that drug criminals constantly improve the methods of illegal sale of narcotic drugs, psychotropic substances, their analogues and precursors, using new means and tools. This, in turn, gives rise to problems of detecting illegal drug sales.
An inseparable part of modern organized criminal groups involved in the illegal sale of narcotic drugs is the conspiracy of illegal activities, the use of various mechanisms to ensure against direct contact with buyer during their transfer. The members of some criminal groups do not know the members of other criminal groups, but contact only those with whom they work continuously. Such organized criminal groups have an extensive and complex structure with a strict division of roles, high discipline, and hierarchy. Conspiracy, high mobility, the availability of means of communication, a significant level of organization, as well as establishing cooperation and reducing competition between other criminal groups complicates the possibilities of detecting narcotics during illegal transportation.
It was found that a number of problems in detecting the illegal distribution of narcotic drugs depend not only on the constant ingenuity and improvement of the criminal activity of criminals, but also on the continuous updating of the knowledge of law enforcement officers about the peculiarities of such activity and their professionalism. And therefore consideration of this problem is a necessary condition for effective detection of illegal sale of narcotics.
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Collins, Chloe, Chelsie Rapley, Brian Chia, Luke Smith et Ben Middlemass. « Is the current law on Conspiracy to commit Murder effective and fair ? » Student Journal of Professional Practice and Academic Research 1, no 1 (1 février 2019) : 85–98. http://dx.doi.org/10.19164/sjppar.v1i1.801.
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“Conspirators be they that…bind themselves by Oath…or other Alliance, that every of them shall aid and support the Enterprise of each other falsely and maliciously to indite.”Established in the Third Ordinance of Conspirators in 1304; the first definition of conspiracy was to prevent and punish those who would plan to use children to present their false accusations in court on their behalf (as children could not be criminally liable). The aim of the law on conspiracy, although widening the scope, has been clear from the thirteenth century: to prevent and punish the planning of a criminal offence. However, since expanding, the law on conspiracy has been criticised especially in regard to sentencing as “unduly harsh.” This is the result of numerous problems with the current law on conspiracy to murder, which is in urgent need of reform. “On the 10th of October 2007, the law commission proposed many recommendations on reforms of statutory conspiracy” (Law Commission 2018). The focus of this legal research is to explore the current state of law regarding conspiracy to murder and the legislation, case law, scholarly and media articles discussed in this report will evaluate the effectiveness and fairness of the law on conspiracy to murder. Thus, the question to sum up our legal research “Is the current law on conspiracy to commit murder effective and fair?"
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Sergi, Anna. « Organised crime in English criminal law ». Journal of Money Laundering Control 18, no 2 (5 mai 2015) : 182–201. http://dx.doi.org/10.1108/jmlc-10-2014-0038.
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Purpose – The purpose of this paper is to consider the rationale behind the approaches to organised crime in criminal law to understand the basis of the law on conspiracy in England and Wales and why this country has refused to amend conspiracy in favour of a membership offence or a criminal enterprise model, similar to the USA’s offences. Design/methodology/approach – The analysis is based on a legal comparison between the law of conspiracy in England and Wales and the USA’s Racketeer Influenced and Corrupt Organizations Act (RICO) statute, as example of best practice targeting criminal enterprises. The legal comparison is also substantiated by case law examples and interviewees with prosecutors and lawyers collected both in London and in New York City. Findings – After briefly describing how the two systems (English and American) are intended to work, the paper will develop a discussion on the difficulties and advantages of introducing a RICO-style legislation in England and Wales and shall conclude that it is the way organised crime is socially perceived in the English/British scenario that justifies the choice to remain on the level of conspiracy and not move towards membership/enterprise offences. Research limitations/implications – This study shall be primarily intended as an opportunity to assess the criminal law tools in the fight against organised crime available in England and Wales. The comparative side of this research, the RICO statute, would require more attention which this paper cannot give for reasons of brevity. Therefore, the study is a preliminary study in comparative criminal law. Originality/value – The central idea of this work is to suggest that differences in criminal law are based on different perceptions of the wrongfulness of the offending. For the law to change in favour of a criminal enterprise offence in England and Wales, there is a need to reshape the wrongfulness of organised crime. A study into the wrongfulness of organised crime as a criminal offence, with a comparative outlook, has never been conducted before in England and Wales.
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ĆUJIĆ, MIODRAG. « CRIMINAL ASSOCIATION IN INTERNATIONAL CRIMINAL LAW ». Kultura polisa, no 44 (8 mars 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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Grodetsky, Yurii Vasylovych. « Forms of complicity in a criminal offense under the criminal law of Ukraine ». Herald of the Association of Criminal Law of Ukraine 1, no 19 (11 juillet 2023) : 250–63. http://dx.doi.org/10.21564/2311-9640.2023.19.282370.
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The forms of complicity in a criminal offense under the criminal law of Ukraine are considered: 1) complicity without prior agreement among the accomplices; 2) complicity by prior conspiracy; 3) organized group; 4) criminal organization. Objective and subjective signs of these forms of complicity are investigated. Deficiencies in the legislative regulation of the specified concepts in the Criminal Code of Ukraine were revealed.
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Brînza, Serghei, et Vitalie Stati. « The crime of conspiracy against the Republic of Moldova : criminal-legal dimensions ». Studia Universitatis Moldaviae. Seria Stiinte Sociale 8, no 168 (décembre 2023) : 3–12. http://dx.doi.org/10.59295/sum8(168)2023_01.
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In this scientific study, the offense of conspiracy against the Republic of Moldova, provided by the art. 3382 of the Criminal Code of the Republic of Moldova, is analyzed for the first time. The provisions of this article are inter-preted and the conditions under which criminal liability is applied for the conspiracy against the Republic of Moldova are established. The authors identify the particularities that characterize the normative modalities of the prejudicial action provided for in art. 3382 of the Criminal Code of the Republic of Moldova. Also, the authors establish the rela-tionship between this article, on the one hand, and art. 324, 328, 333, 337, 338, 3381 and 3401 of the Criminal Code of the Republic of Moldova, on the other hand. The authors hope that their results, obtained in the present investigation, will boost and facilitate the practical application of the art. 3382 of the Criminal Code of the Republic of Moldova.
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Копйова, Ірина Анатоліївна. « Criminal conspiracy as an essential characteristic of complicity ». Problems of Legality, no 137 (13 juin 2017) : 113–22. http://dx.doi.org/10.21564/2414-990x.137.98556.
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Grout, Christopher. « Marriage, Polygamy and the Criminal Law of Conspiracy ». Ecclesiastical Law Journal 20, no 1 (janvier 2018) : 3–15. http://dx.doi.org/10.1017/s0956618x17000862.
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The fact that the criminal law in England and Wales continues to afford protection to spouses who conspire together to commit crime is considered by many to be an anachronism. That a person cannot be guilty of conspiracy if the only other person with whom he or she agrees is his or her spouse, is to be found in section 2 of the Criminal Law Act 1977. The origins of the rule are said to be based on biblical principles pertaining to marriage. The difficulty with that is that the concept of marriage has changed significantly over time, which raises the question of whether or not the existence of the exemption can today be justified. In R v Yilkyes Finok Bala and Others [2016] EWCA Crim 560, the Court of Appeal was faced with the question of whether or not the legislative exemption applied to those who were party to a polygamous marriage. While acknowledging that there are arguments in support of the proposition that the exemption is outmoded, the Court of Appeal nevertheless interpreted the statutory provision in such a way so as to encompass parties to a polygamous marriage recognised under English law as valid. By virtue of the Civil Partnership Act 2004, the exemption was extended to cover civil partners. The expansion of the exemption is curious in the light of prevailing attitudes towards the applicability of the exemption at all in modern times. Furthermore, other statutory provisions (relating to analogous matters) have either been enacted or repealed to reflect present-day understandings of how the issue of marriage interacts with the criminal law. Yet, for reasons which are not altogether clear, the spousal exemption vis-à-vis the criminal offence of conspiracy remains in force.
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Siregar, Denny, Muhammad Mustofa et Lilik Mulyadi. « Reconstructing The Interpretation of Conspiracy in The Prosecution of Corruption Crimes to Achieve Legal Certainty ». International Journal of Engineering Business and Social Science 2, no 01 (25 octobre 2023) : 757–68. http://dx.doi.org/10.58451/ijebss.v2i01.111.
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This study aims to examine and analyze the synchronization of the meaning of evil conspiracies in corruption crimes, as well as find a reconstruction of the meaning of evil conspiracies in the punishment of corruption crimes to realize legal certainty. The research method used is normative juridical with an analytical approach research approach, with a specification of analytical descriptions that describe generally accepted laws and regulations associated with legal theories and principles and implementation practices. Using the Grand Theory, Middle Range Theory, and Applied Theory in exploring and analyzing to find answers to research problems. The results showed that the implementation of the meaning of evil conspiracies in corruption was formulated differently between the Criminal Code and the Tipikor Law. In the case of corruption, evil conspiracies cannot be imposed the same criminal sanctions as perpetrators of corruption who have finished committing their crimes as stipulated in Article 2, Article 3, Article 5 to Article 14 of the Tipikor Law. Referring to the elements of Article 88 of the Criminal Code, in the event that the intention to commit a crime or agreement is not necessarily carried out in the form of concrete acts, then in an evil agreement there is only an intention by holding an evil consensus, there is absolutely no act of implementation. This has an impact on legal uncertainty in the basis for prosecuting perpetrators of corruption crimes because juridically there is no firm regulation. The reconstruction of the meaning of evil conspiracies in the punishment of criminal acts is that evil conspiracies are considered as stand-alone offenses, meaning that people who have committed evil conspiracies are considered to have committed criminal acts. Criminal law policy in combating corruption is explicitly stated by the qualification of offenses, as well as providing juridical understanding or limitations regarding evil conspiracies and then equating the perception of criminal policy between the Criminal Code and the Tipikor Law. This is in accordance with the principle of legality which requires that criminal law be determined in advance through laws and regulations and is detailed and careful. As for the researcher's suggestion, namely to the Government and the DPR, it is necessary to issue a special regulation containing guidelines for the implementation of the provisions of malicious consensus offenses. The guideline contains an explanation of the meaning of evil conspiracy, its elements, categories of criminal acts that can be punished with evil conspiracy, to simulated cases related to evil conspiracy's offenses
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Зарубина, К. А. « THE BEGINNING AND DYNAMICS OF CRIMINAL JARGON IN THE PROFESSIONAL CRIMINAL ENVIRONMENT OF PRE-REVOLUTIONARY RUSSIA ». Surgut State University Journal 12, no 1 (2024) : 85–91. http://dx.doi.org/10.35266/2949-3455-2024-1-8.
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The subject of the study is the formation and dynamics of criminal jargon as an integral element of the criminal subculture of the professional criminal community of pre-revolutionary Russia. The study aims to analyze the peculiarities of the formation and dynamics of criminal jargon as a special social dialect of the domestic criminal environment of the pre-revolutionary period. The objectives of the study are to determine the time of the origin of criminal jargon in the criminal environment of pre-revolutionary Russia, identify the main functions of the thieves cant used by domestic criminals in the period under review, and analyze the development of criminal jargon as an integral element of the criminal subculture in various chronological periods. The methodological base of the study is represented by a set of general and private scientific methods, including chronological, comparative legal, formal logical, and some other research methods. It was determined that at different stages of the development of the criminal world, according to the changes in criminal jargon, different trends in the development of the criminal environment can be identified. In the 17th century, the underclass actively produced and employed criminal jargon in pre-revolutionary Russia. The secret language served such purposes as identification, communication, and conspiracy. The formation of a special thieves cant in the criminal environment of pre-revolutionary Russia is associated with the qualitative transformation of the Russian criminal world and the isolation of a community of professional criminals from the criminal environment. In the late 19th and early 20th centuries, thieves became an integral part of the criminal subculture, preserving and multiplying professional criminal traditions and customs.
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Maksymenko, Anton. « Criminal influence in information security crimes and the establishment or dissemination of criminal influence as a criminal offense against public safety : ratio problem ». Herald of the Association of Criminal Law of Ukraine 2, no 20 (19 décembre 2023) : 159–71. http://dx.doi.org/10.21564/2311-9640.2023.20.292645.
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Scientific article devoted to the study of the concept of «criminal influence» in its various criminal law meanings. The subject of the author's scientific interest is the relationship between the concept of "criminal influence" as a component of complicity - in the commission of a criminal offense by prior conspiracy by a group of persons in the field of information security and as a component of establishing or spreading criminal influence as a criminal offense against public safety.
The content of establishing or spreading criminal influence as an independent socially dangerous act and as an element of criminal acts when committing criminally punishable acts in the field of information security is disclosed. Attention is focused on the main forms of criminal influence during the commission of criminal offenses in the field of information security. Formulated author's proposals regarding the levels of criminal influence.
The issue of the criminal-legal qualification of acts related to the establishment or expansion of criminal influence has recently developed. And already published scientific works that deserve attention and their study and analysis. At the same time, for the field of information security, the problem of qualification of illegal acts using such a feature as the establishment or spread of criminal influence has not yet acquired an adequate level of research. The issue of distinguishing criminal influence as a component of the commission of a criminal offense based on a prior conspiracy by a group of persons and as an independent criminal offense provided for in Art. 255-1 of the Сriminal code of Ukraine.
The current state of development of relations in the field of information technologies has a steady trend towards the total digitalization of all social processes without exception. The expanded use of information technologies during the collection and processing of personal data of a person, the transfer of financial transactions to a cashless form and even the availability of personal electronic documents - all this in its entirety significantly simplifies the process of developing social relations, realizing the rights of a person and satisfying his interests. At the same time, similar trends lead to the reorientation of criminal influence from real to virtual space, which contributes to the spread and modernization of crime in the field of information relations.
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Melnichenko, Nikolay Nikolaevitch. « Encroachments on Archaeological Heritage, Committed with Participation : Problems of Legal Regulation and Qualification ». Теория и практика общественного развития, no 12 (4 décembre 2020) : 83–86. http://dx.doi.org/10.24158/tipor.2020.12.16.
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Based on the analysis of theoretical and legislative aspects of securing responsibility for encroach-ments on objects of archaeological heritage, as part of a group of persons by prior conspiracy, an orga-nized group and a criminal community, the author proposes ways to optimize the system of qualifying and especially qualifying features in Art. 164, 190, 226.1, 243.1, 243.2, 243.3 of the Criminal Code of the Russian Federation. The author draws attention to the unreasonableness of equalization by the legisla-tor when constructing qualified and especially quali-fied corpus delicti of social danger of a group of persons and an organized group. Moreover, the arti-cle notes the problem of the prevalence of en-croachments on objects of archaeological heritage sites as part of an organized group or a criminal community. The research also examines such issues as the specifics of the form of guilt when commit-ting a crime as part of a group of persons by prior conspiracy, such signs of an organized group as the stability and purpose of criminal activity.
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Vukusic, Ivan. « Criminal Protection of Environment-Organized Crime and Effective Regret ». JOURNAL OF INTERNATIONAL BUSINESS RESEARCH AND MARKETING 5, no 5 (2020) : 28–35. http://dx.doi.org/10.18775/jibrm.1849-8558.2015.55.3003.
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This paper analyzes special criminal offences of environment endangering through national and international legislation. How social aspect is important in criminal law because of prevention of injury, legislator predicted provision of effective regret if person acts as individual perpetrator or as part of criminal organization. That is key reason why paper analyzes effective regret prescribed in Criminal Code of Croatia in Special part (Head protecting environment and Head protecting public order). Mostly, environment will be injured by act of individual, but nowadays, environment is valuable resource that enables to gain large profit and as such is aim of criminal organizations. Legislator punishes mostly stadium of environment endangering, so paper reflects nature of provisions against environment on possibility of effective regret (instrument of stopping injury of legal good (material completion of criminal offence against environment)). Paper analyzes also UN Palermo Convention and EU Framework Decision against organized crime, specially provisions about conspiracy (when exists no criminal organization) and criminal organization and on end their comparison with legislation of Croatia. De lege ferenda is noted that Framework Decision must incriminate conspiracy established for only one criminal offence, and not for only two or more, because one criminal offence can have characteristics of organized crime as well. Paper concludes that it is necessary to predict effective regret by more criminal offences of environment endangering because it represents best way of legal good protection. If person acts as part of criminal organization, it should be sufficient that content of effective regret presents certainly prevention of commission of criminal offence without disclosure of criminal organization because protection of legal good (environment) should have an advantage over punishment of perpetrator.
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Schuler, Kenneth G. « Continuing Criminal Enterprise, Conspiracy, and the Multiple Punishment Doctrine ». Michigan Law Review 91, no 8 (août 1993) : 2220. http://dx.doi.org/10.2307/1289732.
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Tomlins, Christopher L. « Criminal conspiracy and early labor combinations : Massachusetts, 1824–1840 ». Labor History 28, no 3 (juin 1987) : 370–85. http://dx.doi.org/10.1080/00236568700890211.
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Poulson, B. W. « Criminal conspiracy, injunctions and damage suits in labor law ». Journal of Legal History 7, no 2 (septembre 1986) : 212–27. http://dx.doi.org/10.1080/01440368608530866.
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van Prooijen, Jan-Willem. « Injustice Without Evidence : The Unique Role of Conspiracy Theories in Social Justice Research ». Social Justice Research 35, no 1 (28 septembre 2021) : 88–106. http://dx.doi.org/10.1007/s11211-021-00376-x.
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AbstractConspiracy theories are widespread and have a profound impact on society. The present contribution proposes that conspiracy theories are explanatory narratives that necessarily contain justice judgments, as they include attributions of blame and accusations of unethical or criminal conduct. Conspiratorial narratives also are mental simulations, however, and may elicit genuine feelings of injustice also without evidence of actual malpractice. Indeed, conspiracy theories sometimes describe unfair events that are unlikely to have occurred, unethical authorities that might not actually exist, and so on. Here I propose two complementary processes that stimulate belief in evidence-free conspiracy theories: (1) Existential threats instigate biased mental processing and motivated reasoning, that jointly promote an alternative perception of reality; and (2) group allegiances shape how people perceive, interpret, and remember facts to highlight the immoral qualities of competing outgroups. Due to these processes, conspiracy theories elicit a set of distinct reactions such as poor health choices and rejection of science. Moreover, evidence-free conspiracy theories require interventions beyond traditional approaches to install justice principles, such as debunking falsehoods and reducing polarized intergroup distinctions. I conclude that the scientific study of conspiracy theories is part of, and has a unique place in, social justice research.
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Bronfentrinker, Boris, Jon Lawrence, Paul Lomas et Georgia Dawson. « The Norris Case : Price-fixing and Criminal Conspiracy to Defraud ». Business Law Review 30, Issue 7 (1 juillet 2009) : 161–62. http://dx.doi.org/10.54648/bula2009036.
Texte intégralRésumé :
The US government sought to extradite Ian Norris, the former chief executive officer of FTSE 250 company Morgan Crucible, on charges including conspiracy to fix prices of carbon products between 1989 and 2000. On 12 March 2008, the House of Lords allowed Mr Norris’s appeal in part against the lower court’s decision that Mr Norris should be extradited to the US to face charges of conspiracy to fix prices, obstructing the course of justice and interfering with witnesses. In a unanimous judgment, five Law Lords concluded that Mr Norris could not be extradited on the cartel allegation because price-fixing was not, at the relevant time, a criminal offence in the UK. The test of double criminality required for the extradition of a UK national to the US was not satisfied in respect of the price fixing charge. This article outlines and analyses this judgment.
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O'Driscoll, Anne. « AT v Dulghieru : Accounting for the Profits of Sex Trafficking ». Victoria University of Wellington Law Review 40, no 4 (3 mai 2009) : 695. http://dx.doi.org/10.26686/vuwlr.v40i4.5255.
Texte intégralRésumé :
This article explores the remedies available to victims of the international crime of trafficking in persons for sexual exploitation. In the 2009 case of AT v Dulghieru (Dulghieru), the English High Court awarded the victims of an unlawful conspiracy to traffic general, aggravated and exemplary damages. Treacy J based the exemplary award on the rationale of preventing unjust enrichment. The appropriateness of the finding of unlawful means conspiracy is considered, as are each of the damages awards. This article concludes that the prevention of unjust enrichment is an inappropriate basis for an award of exemplary damages, and argues that the better approach would be to strip a defendant's gains by the equitable remedy of account of profit. The overlap of civil remedies and the criminal law is also addressed. It is proposed that an account of profit should take priority over any criminal confiscation order as the victims have a greater entitlement to the profits than the State does.
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Airola, Alice, et Martin Bouchard. « The Social Network Consequences of a Gang Murder Blowout ». Social Sciences 9, no 11 (11 novembre 2020) : 204. http://dx.doi.org/10.3390/socsci9110204.
Texte intégralRésumé :
An unexpected crisis in a criminal organization offers a rare opportunity to analyze whether and how the configuration of business and trust relationships changes in response to external shocks. The current study recreates the social network of the Red Scorpion gang members involved in the Surrey Six Murder, one of the deadliest gang-related homicides to occur in Canada. The event, which involved two bystanders and six victims in total, was the result of a poorly executed retaliation. Our analyses focus on two phases of the network, the conspiracy phase and the post-murder phase. In each phase, we examine the balance of business, trust, and conflictual ties. Results show that the relative importance of key participants changed from the conspiracy to the post-murder phases, whereby strong, trusted ties gained prominence over the mostly business-oriented network of the conspiracy phase.
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Alexander, Larry. « WHEN ARE WE RIGHTFULLY AGGRIEVED ? » Legal Theory 11, no 3 (septembre 2005) : 325–32. http://dx.doi.org/10.1017/s1352325205050172.
Texte intégralRésumé :
Joel Feinberg's four volume work The Moral Limits of the Criminal Law can, I believe, be accurately characterized as a normative treatise on what criminal law theorists call the “special part” of the criminal law. The “general part” deals with the basic elements of all criminal offenses—whatever is prohibited. Thus general part theorists analyze the notions of actus reus and mens rea, the conditions that negate voluntariness in acting, the distinction between acts and omissions, the nature of causation, joint participation in crime such as complicity and conspiracy, and the various defenses labeled justifications and excuses. Feinberg has little to say about these matters. His concern is with what conduct may be forbidden and punished—the specific substance rather than the general form of the criminal law.
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Reznik, Julia. « Determination of the concept of stamp conspiracy in the criminal law ». Herald of Lviv University of Trade and Economics. Law sciences, no 8 (2019) : 125–32. http://dx.doi.org/10.36477/2616-7611-2019-08-14.
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Erlinger, Serge. « Intrahepatic cholestasis of pregnancy and hepatitis C virus : A criminal conspiracy ? » Clinics and Research in Hepatology and Gastroenterology 38, no 3 (juin 2014) : 250–51. http://dx.doi.org/10.1016/j.clinre.2013.12.006.
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Hribov, M., et O. Sukhachov. « Conspiracy as a system of measures to ensure the secret of the criminal procedural and investigative activities of the operational law enforcement units ». Herald of criminal justice, no 4 (2019) : 33–44. http://dx.doi.org/10.17721/2413-5372.2019.4/33-44.
Texte intégralRésumé :
It is stated that the legal regulation of the matters of conspiracy of activity of operative subdivisions is incomplete, unsystematic. At the legislative level, it is represented by several norms, which not only do not settle the basics for solving these issues, but also are damaging, limiting the possibility of realizing the powerful potential of operational units in the fight against crime. The developers by-laws normative and legal acts, relying on a subjective understanding of the meaning of conspiracy, are trying to tailor the untoward innovation of the legislator to practice. As a consequence, the bylaws of the legal acts are filled with unclear, contradictory norms to ensure conspiracy, adherence to its rules and responsibility for their violation. At the same time, such rules are not formulated in any departmental instructions, and the existing methodological recommendations, mostly, outdated, do not have scientific justification and affect only certain aspects of conspiracy. The lack of proper legal regulation and methodological support for conspiracy issues causes problems of its organization. All this leads to gross errors in the work, and, consequently, to the lack of results of long operational developments, the failure of specific SES and NRD, significant undue costs of human labor and material resources, and most importantly – to the injury and death Operative workers, secret employees, and in some cases their relatives and ordinary citizens. It is not the main reason for such a situation – absence of theoretical foundations of convolutation of the operational units of Ukrainian law enforcement agencies. The purpose of the study is to formulate the theoretical foundations of a conspiration of operational subdivisions and to offer proposals for their practical realization in the form of proposals for changes and additions to the legislative and by-laws normative and legal Acts. The article defines the notion and revealed of the content of conspiracy activities of the operational subdivisions with the introduction of proposals on rationing of the relevant provisions. The conceptual principles of the legal regulation of conspiracy activities of the operational subdivisions are suggested. The ways to improve the legal regulation of information security on activities of operational subdivisions are developed. Revealed the content and formulated the notion of legend, masking and operational cover in the activities of operational subdivisions, the means of improving their legal regulation are offered. The concept and revealed content of the organization of conspiration of operational subdivisions activity is formulated. The assessment of legal regulation is carried out and ways to solve practical problems in the organization of conspiration functioning of the unpublicized forces of operational subdivisions are performed.
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Steel, Alex. « Contract cheating : Will students pay for serious criminal consequences ? » Alternative Law Journal 42, no 2 (juin 2017) : 123–29. http://dx.doi.org/10.1177/1037969x17710627.
Texte intégralRésumé :
There are increasing reports of university students contracting with third parties to write their essays and assignments. While getting caught is likely to mean the student faces disciplinary action within the university, the students and those offering the service may also be exposing themselves to criminal prosecution. This article looks at the range of offences that students and the contract cheating services could be committing – including fraud, forgery and conspiracy. The article also recommends specific statutory offences be introduced. Far from an entrepreneurial innovation, the activities can be construed as serious crimes.
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Siregar, Mangantar Anugrah, Syafruddin Kalo, Mahmul Siregar et Mohammad Ekaputra. « Tindak Pidana Gratifikasi Dan Persekongkolan Tender Pada Pengadaan Bantuan Input Produksi Budidaya Kerapu Untuk Kabupaten Langkat ». Locus : Jurnal Konsep Ilmu Hukum 2, no 2 (15 juin 2022) : 74–85. http://dx.doi.org/10.56128/jkih.v2i2.24.
Texte intégralRésumé :
Pengadaan Barang/ Jasa Pemerintah sangat rawan dengan persekongkolan, tak jarang pula dijangkiti dengan praktik-praktik koruptif yang melibatkan panitia Pengadaan Barang/ Jasa Pemerintah yang merupakan Aparatur Sipil Negara. Salah satunya dengan memberikan gratifikasi yang didahulukan dengan persekongkolan. Persekongkolan tender dan Gratifikasi diatur dalam peraturan yang berbeda namun memiliki keterkaitan yang erat. Ditemukan beberapa indikasi persekongkolan tender pada Pengadaan Bantuan Input Produksi Ikan Kerapu Untuk Kabupaten Langkat. Persekongkolan tender yang melibatkan pelaku usaha dan panitia tender tersebut mengakibatkan Persaingan Usaha Tidak Sehat dapat dijerat dengan ketentuan pidana gratifikasi karena persekongkolan disertai pemberian gratifikasi sebagaimana yang diatur Undang-Undang Nomor 20 Tahun 2001 Tentang Pemberantasan Tindak Pidana Korupsi. Para pelaku dinilai mampu untuk mempertanggungjawabkan perbuatannya serta tidak adanya alasan pemaaf maupun penghapus pidana sehingga penegakan hukum pidana dapat diterapkan sesuai dengan kesalahan pelaku yang melanggar ketentuan Undang-Undang Nomor 20 Tahun 2001 Tentang Pemberantasan Tindak Pidana Korupsi, dimana Panitia Tender menerima gratifikasi diterapkan pasal 12 huruf b dan pelaku usaha diterapkan pasal 5 ayat (1) huruf a. Selain itu dalam penjatuhan pidana yang melebihi tuntutan jaksa penuntut umum juga dinilai sudah tepat mengingat semakin maraknya praktek kejahatan tersebut dalam Pengadaan Barang/ Jasa Pemerintah.
Kata kunci: Gratifikasi, Persekongkolan Tender.
Abstract
Government procurement of goods / services is very prone to conspiracy, not infrequently plagued by corrupt practices that involve the government procurement committee of goods / services which is the State Civil Apparatus. One of them is by giving gratuities that are preceded by conspiracy. Tender conspiracy and gratuities are regulated under different but closely related regulations. Several indications of tender conspiracy were found in the provision of grouper production input assistance for Langkat Regency. The tender conspiracy involving business actors and the tender committee resulted in an unfair business competition being charged with the provision of a criminal act of gratification because conspiracy was accompanied by gratification as regulated in Law Number 20 of 2001 concerning the Eradication of Corruption Crime. The perpetrators are considered capable of being accountable for their actions and there is no excuse for forgiving or eradicating the crime so that criminal law enforcement can be applied according to the offender of the offender who violates the provisions of Law Number 20 of 2001 concerning Eradication of Corruption, where the Tender Committee accepts gratuities applied to article 12 letters b and business actors apply Article 5 paragraph (1) letter a. In addition, the imposition of crimes that exceed the demands of the public prosecutor is also considered appropriate given the increasingly widespread practice of these crimes in the procurement of government goods / services.
Keywords: Gratification, Tender Conspiracy.
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Plaksiuk, Inna. « Intentional introduction into circulation on the market of Ukraine (releasing on the market of Ukraine) of dangerous products : problems of defining and establishing mandatory signs of this criminal offense ». Herald of the Association of Criminal Law of Ukraine 2, no 20 (19 décembre 2023) : 146–58. http://dx.doi.org/10.21564/2311-9640.2023.20.290715.
Texte intégralRésumé :
The article is devoted to the study of current problems of legal definition and establishment of mandatory elements of the criminal offense (crime) provided for in Article 227 "Deliberate introduction into circulation on the market of Ukraine (release on the market of Ukraine) of dangerous products" of the Criminal Code of Ukraine. Mandatory signs of the objective side of the investigated criminal offense have been established. Attention is focused on the moment of the end of the crime.
The expediency of improving Article 227 of the Criminal Code of Ukraine by including in its provision a socially dangerous consequence of alternative types, as well as by adding part 2 of the specified article with circumstances aggravating criminal liability for the analyzed criminal offense, is substantiated. Such circumstances are recognized as the repeated commission of an act either by prior conspiracy by a group of persons or with the occurrence of serious consequences, or by an official using his official position.
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Demchuk, S. D. « Criminal Law Characteristics of an Organized Group ». Lex Russica, no 8 (27 août 2021) : 58–68. http://dx.doi.org/10.17803/1729-5920.2021.177.8.058-068.
Texte intégralRésumé :
The paper examines the content of the organized criminal group characteristics provided for under the law. The criminal activity of a stable association of persons poses an increased public danger. The identification of such facts and their investigation is fraught with significant difficulties that arise also due to the evaluative nature of the concept of "organized group". Therefore, its essence is analyzed not only on the basis of theoretical sources, but also in the context of judicial practice. The author compares and generalizes the signs listed in the relevant decisions of the Plenum of the Supreme Court of the Russian Federation and in court decisions on specific criminal cases. A correct understanding of the organized group characteristics is necessary for the competent qualification of crimes committed by its members, and the successful proof of their fault. The author summarizes that the sustainability of complicity is based on two complementary aspects. The first provides for a close, relatively long-term relationship between members of the group united by criminal motivation and goals (which ensures the stability of its main composition), as well as the recognition by ordinary participants of the decisions of their leader or the leading core of the group or decisions jointly made by the group as binding. The second aspect of sustainability provides for the implementation of effective criminal activity through the advance development of its plan and a clear distribution of role functions among the group members, ensuring the consistency of their actions, and the implementation of other measures necessary for the successful achievement of the intended goals. In cases where the conspiracy of the members of the group occurred immediately before the commission of the crime or took place in advance, but there was no close relationship and careful joint preparation for it we deal with a group of persons created by prior conspiracy due to the lack of stability of such an association.
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Junaidi, Afdal, Triono Eddy et Alfi Sahari. « Pemberian Sanksi Pidana Bagi Pelaku Penyebaran Hoax Ditinjau Dari Aspek Tindak Pidana Terorisme ». Journal of Education, Humaniora and Social Sciences (JEHSS) 3, no 2 (2 décembre 2020) : 401–11. http://dx.doi.org/10.34007/jehss.v3i2.321.
Texte intégralRésumé :
This research, descriptive analysis, with a statutory approach, conseptual approach. The purpose of this research is to analyze the from of spreading fake news in Indonesia legislation and criminal sactions for the perpetrators of spreading fake news in term of the criminal act of terrorism. The results of this study indicate that the form of spreading fake news can be categorized as criminal act of terrorism, where the criminal act of terrorism is also threatening the safety of the nation and the state, causing divisions, causing uproar in the community, even though the act of spreading fake news is not regulated in the terrorism law but causes the effect that may be the same as that of terrorism, it’s just that the act of spreading fake news does not threaten the lives of many people. Whereas the criminal sanction for the perpetrators of spreading fake news inthe terms of the aspect of the criminal act of terrorism are equivalent to the convictions of criminal conspiracy, attempted and assisting in committing the crime of terrorism.
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Bogdan, Attila. « Individual Criminal Responsibility in the Execution of a "Joint Criminal Enterprise" in the Jurisprudence of the ad hoc International Tribunal for the Former Yugoslavia ». International Criminal Law Review 6, no 1 (2006) : 63–120. http://dx.doi.org/10.1163/157181206777066727.
Texte intégralRésumé :
AbstractThis article explores the development of "joint criminal enterprise" form of responsibility in the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (hereinafter "Yugoslav Tribunal"). Although "joint criminal enterprise" does not appear in the Yugoslav Tribunal Statute, this form of responsibility was read into the Statute by the tribunal judges and is repeatedly relied on in finding individuals guilty in cases before the tribunal. In particular, ever since the Appeals Chamber in Prosecutor v. Tadic held that "joint criminal enterprise", as a form of accomplice liability, is "firmly established in customary international law", other Trial and Appeals Chamber decisions continue to follow this holding. This article takes a critical look at some of the fundamental issues associated with the development of "joint criminal enterprise" at the Yugoslav Tribunal, in particular the methodology employed by the Appeals Chamber in Tadic. In addition, the article also examines the similarities between "joint criminal enterprise" and U.S. conspiracy law, and whether the use of "joint criminal enterprise" at the Yugoslav Tribunal violates the "principles of legality".
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Yulianto, Yulianto. « The Concept of Conspiring to Corrupt in Criminal Law as Ius Contituendum ». Yuridika 35, no 2 (26 décembre 2019) : 429. http://dx.doi.org/10.20473/ydk.v35i2.16852.
Texte intégralRésumé :
The term conspiring to commit criminal acts in Article 15 of PTPK Act cannot refer to existing norms under Article 88 of the KUHP. The criminal act which is to conspire to commit such acts within PTPK Act has been regulated within the Indonesian legal system and recognized by law enforcers. However, the lack of elaboration and clarity towards this type of criminal act in the PTPK Law has hindered law enforcers from utilizing Article 15 of the PTPK Act to combat corruption. The Constitutional Court has attempted to resolve the legal uncertainty of Article 15 of the PTPK Act, however this has been proven to become burdensome for law enforcers in applying the criminal justifications of conspiracy under the scope of Article 15 of the PTPK Act. The criminal act which is to conspire to commit such acts within PTPK Act has been regulated within the Indonesian legal system and recognized by law enforcers.
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Setyowati, Indah. « SANCTIONS POLICY IN THE INDONESIAN ACT. NO. 35 OF 2009 ON NARCOTICS ». Jurnal Pembaharuan Hukum 5, no 1 (1 avril 2018) : 55. http://dx.doi.org/10.26532/jph.v5i1.3022.
Texte intégralRésumé :
Law is a legitimate product that is issued by the government / state is defined as a rule that should be known by the people or the public anywhere in the territory. The Act of the Republic of Indonesia Number 35 of 2009 on Narcotics is the latest drug laws supersede previous laws. Sanctions policy in this legislation is seen using a double track system which means that the policy of sanctions to use two-lane system is a criminal path for all the prohibited acts and course of action for users / abusers. While the sanctions policy are the following types may be criminal sanctions in principal and additional criminal, criminal sanctions are generally threatened by cumulation ie for example imprisonment with penalty, No weighting towards certain crimes when committed in an organized with conspiracy and carried out by the corporation and recidive. Experiment with a criminal offense the penalty is equal to committing a crime.
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Levanon, Liat. « Criminal Prohibitions on Membership in Terrorist Organizations ». New Criminal Law Review 15, no 2 (2012) : 224–76. http://dx.doi.org/10.1525/nclr.2012.15.2.224.
Texte intégralRésumé :
The article analyzes prohibitions on membership in terrorist organizations and examines their justifiability. It begins by providing a definition of a terrorist organization. It then describes the far-reaching modern prohibitions on membership in terrorist organizations in various jurisdictions. The article goes on to provide a doctrinal analysis of membership offenses. Based on similarities with conspiracy doctrine, membership offenses are analyzed as expansions of attempt law or, in some cases, of complicity doctrines. The justifiability of this expansion is examined. The article introduces a distinction between exclusively terrorist organizations, passive membership of which can be legitimately prohibited under certain conditions, and ancillary and dual-purpose organizations, passive membership of which cannot be legitimately prohibited. Next, the justifiability of prohibiting more active forms of membership in each of these types of organizations is discussed. Last, guidelines for the legislation of appropriate prohibitions are proposed.
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Decœur, Henri. « The Criminalisation of Armed Jihad under French Law : Guilt by Association in the Age of Enemy Criminal Law ». European Journal of Crime, Criminal Law and Criminal Justice 25, no 4 (23 novembre 2017) : 299–326. http://dx.doi.org/10.1163/15718174-02504001.
Texte intégralRésumé :
This article discusses the offence of participation in a terrorist group or conspiracy under French law, as applied by the French criminal justice system to prosecute and convict individuals who travel or attempt to travel abroad to participate in armed jihad. In light of a critical assessment of decisions rendered by French courts in cases involving jihadi fighters, it proposes to reflect on the orientation of the criminal law in matters relating to the participation of European nationals in armed jihad in foreign territory. Expressing concern over the excessive reach of substantive criminal-law provisions and of related prosecutorial policies, the article argues that the current legal framework and newly proposed legislation no longer serve the legitimate objective of protecting public order and safety from a tangible threat, and that the criminal law is at risk of becoming a tool of ideological warfare against designated enemies of the state.
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JOE, KAREN A. « The New Criminal Conspiracy ? Asian Gangs and Organized Crime in San Francisco ». Journal of Research in Crime and Delinquency 31, no 4 (novembre 1994) : 390–415. http://dx.doi.org/10.1177/0022427894031004003.
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Baaz, Mikael. « Juliet R. Amenge Okoth,The Crime of Conspiracy in International Criminal Law ». Journal of International Criminal Justice 14, no 1 (10 février 2016) : 230–33. http://dx.doi.org/10.1093/jicj/mqw002.
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Bittner, Thomas. « Punishment for Criminal Attempts : A Legal Perspective on the Problem of Moral Luck ». Canadian Journal of Philosophy 38, no 1 (mars 2008) : 51–83. http://dx.doi.org/10.1353/cjp.0.0010.
Texte intégralRésumé :
In the criminal law, the law of attempts is of comparatively recent vintage. It is part of an important contemporary legal trend towards early intervention in the criminal process. There are now a substantial number of crimes on the books that, like the crime of attempt, only require that the perpetrator start down the road to carrying out his criminal intentions and do not require him actually to have harmed (or, in some cases, even identified) his victim. Besides the law of attempts, these new crimes include conspiracy and solicitation, forgery and counterfeiting, the possession offences (drugs, burglary tools, counterfeit money, automobile master keys, etc.), even corruption of youth (children). In all these cases, the law is stepping in to forestall harm, rather than waiting until a harm has already happened.
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Wade, Clare. « Prevention of Harm—Legislative Strategies for Law Reform ». Journal of Criminal Law 72, no 3 (juin 2008) : 236–50. http://dx.doi.org/10.1350/jcla.2008.72.3.500.
Texte intégralRésumé :
This article looks at the development of preventative civil measures with criminal sanctions and the ways in which they are influencing criminal law. It argues that serious crime prevention orders in Part 1 of the Serious Crime Act 2007 are a part of this trend and further, that they undermine traditional notions of due process. The provisions of Part 1 of the Serious Crime Act 2007 are contrasted with Part 2 of the Act. The article also argues that the new inchoate offence of encouraging and assisting crime and the Law Commission proposals for conspiracy will provide sufficient measures against future harm therefore obviating the need for civil preventative orders.
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Mondokhonov, Andrey N. « The problem about the development of the perspective the institute of complicity in the crime and its use in the modern circumstances ». Russian Journal of Legal Studies 6, no 3 (1 avril 2020) : 153–59. http://dx.doi.org/10.17816/rjls19134.
Texte intégralRésumé :
The author of the research-based conclusion about the prospects of development of complicity in a crime and its enforcement in modern conditions. With a view to the unification of the Institute of complicity and group crime it is proposed to replace the qualifying trait of offences group of persons and a group of persons by prior conspiracy for classifying sign of committing crimes in complicity on involving persons who are not capable of criminal responsibility, exclude classifying sign of committing crime organized group with the criminalization of the creation, management and participation in an organized group. Based on the experience of international law, as well as criminal legislation of foreign countries, expedience implementation in Russian criminal legislation of quantitative criteria of differentiation of organized groups and irregular. Places particular emphasis on intensive development of information and telecommunication technologies, which makes the remoteness and hence the remoteness and anonymity of the involvement of accomplices in criminal activities, including terrorist, extremist, in drug crime.