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1
Simpson, Robert Mark. "Regulating offense, nurturing offense". Politics, Philosophy & Economics 17, n. 3 (16 novembre 2017): 235–56. http://dx.doi.org/10.1177/1470594x17741228.
Testo completoAbstract (sommario):
Joel Feinberg’s Offense to Others is the most comprehensive contemporary work on the significance of offense in a liberal legal system. Feinberg argues that being offended can impair a person’s liberty, much like a nuisance, and that it is therefore legitimate in principle to regulate conduct because of its offensiveness. In this article, I discuss some overlooked considerations that give us reason to resist Feinberg’s conclusion, even while granting this premise. My key claim is that the regulation of offense can inadvertently increase the incidence of offense, by nurturing offense-taking sensibilities. In the course of defending this claim and spelling out its implications, I explain why concerns about the inadvertent nurturing of offense are now more pressing, given the identity–political character of contemporary offense-based social conflicts, and I discuss why a reluctance to legally regulate offensive conduct need not be insensitive to the identity–political issues that animate those conflicts.
2
Pasko, Lisa. "Villain or Victim: Regional Variation and Ethnic Disparity in Federal Drug Offense Sentencing". Criminal Justice Policy Review 13, n. 4 (dicembre 2002): 307–28. http://dx.doi.org/10.1177/088740302237801.
Testo completoAbstract (sommario):
Racial disparity and discrimination in drug offense sentencing continue to concern criminal justice policy makers, practitioners, and researchers. The growth of the drug offender population, coupled with the proliferation of newdrug offenses such as methamphetamine, warrants a new investigation of federal drug offenses. Despite the potential of uniformity under determinate sentencing, some groups of offenders are subject to more severe penalties than others are. This research maintains that variation in sentencing can best be understood through an examination of who is perceived as a “villain” and who is a “victim” in drug trafficking. This study (a) uses a multivariate analysis of federal drug offenses to evaluate regional sentencing differences and its impact on different racial and ethnic groups and (b) explains why Hispanics, more than any other ethnic group, receive the longest drug offense sentence.
3
Gert, Bernard, e Joel Feinberg. "Offense to Others." Philosophy and Phenomenological Research 48, n. 1 (settembre 1987): 147. http://dx.doi.org/10.2307/2107714.
Testo completo
4
Eskandari, Fatemeh. "Comparative Study of Property Destruction Crime Case Study: Iranian and British Law". International Journal of Social Sciences and Humanities Invention 6, n. 11 (2 novembre 2019): 5698–701. http://dx.doi.org/10.18535/ijsshi/v6i11.02.
Testo completoAbstract (sommario):
Destruction of property means the deliberate destruction or incomplete destruction of material property belonging to others, which is punishable by law. In Islamic law, according to the rule of loss, the sentence is punishable by indemnity (civil liability), and the act of damaging another's punishment is punishable by damaging the property of another. In the criminal law of Iran, the crime in addition to the common elements of all crimes has its own specific elements, not only in the Islamic Penal Code, but also in the various laws and regulations that the legislator has prescribed to prevent the deliberate loss of some property. , There is .
In British law, the Criminal Destruction Act of 1971 also includes one major offense, one misdemeanor offense, and two minor offenses. To another, without legal excuse.
Conduct of destruction shall be subject to the above provisions if it is to occur in a material positive manner and shall be subject to criminal offenses such as property, documents, buildings and antiquities, including matters prohibited by law to the It explicitly provided that the said offense shall not only have the property not to be committed by the offender, but shall result in the loss or defective operation of the offense, causing the owner to have a material loss, otherwise due to the consequence of the offense, The offender's offenses do not have a criminal character, so as soon as the causal relationship between the offender and the outcome (loss) is realized, He is a convicted felon, no matter what the offender used, but the use of certain means intensifies his punishment.
In British law, the possibility of a crime of destruction by the act of abandonment is accepted. In British law, like Iran, property must belong to another, but in one case, the destruction of one's own property is also considered a crime, and in the UK the use of some means of destruction will increase the punishment.
The psychological element of the crime of property destruction is intentional, except in specific cases, and it is necessary that the specific, general nature of the offense and the dispossession of the property belong separately to the other. Finally, the commencement of the crime if it does not fall under the heading of other criminal offenses is not a crime and cannot be pursued.
In the United Kingdom the psychological element of criminal damage in English law is direct or indirect or objective negligence defined by the House of Lords. The punishment for the offense also varies for each individual case.
5
Katrуch, Anastasia. "RESPONSIBILITY FOR VIOLATION OF LAND LEGISLATION". Law Journal of Donbass 76, n. 3 (2021): 45–51. http://dx.doi.org/10.32366/2523-4269-2021-76-3-45-51.
Testo completoAbstract (sommario):
The article is devoted to the theoretical definition of the concepts of responsibility, legal responsibility, land offense «responsibility» and «legal responsibility for land offenses». It has been established that a land offense is a socially harmful criminal act or omission that contradicts the norms of land law. Land offenses are considered as negative social phenomena, as they encroach on the land system and law and order, aimed at ensuring the rational use and protection of land and protection of persons using land. It is concluded that legal liability is applied for the commission of the relevant offense: disciplinary or administrative misconduct, criminal offense, civil violation in the field of land relations. All the above indicates that a land offense is a guilty, illegal act or omission that contradicts the legal norms of rational use of land resources, impedes the rights and legitimate interests of landowners and land users, violates the state procedure for land management as the national wealth of our country. It is stated that depending on the specific type of objects, land offenses can be divided into two groups: the actual land offenses and land offenses of environmental orientation. It also identifies a number of important functions that are implemented during prosecution for violations of land legislation. These questions will be relevant for further research. A land offense is a socially harmful criminal act or omission that contradicts the norms of land law. Land offenses are considered as negative social phenomena, as they encroach on the land system and law and order, aimed at ensuring the rational use and protection of land and protection of persons who use land. Also, depending on the specific type of objects, land offenses can be divided into two groups: the actual land offenses and land offenses of environmental orientation. Offenses of the first group violate the requirements of rational use and protection of land, legal rights and interests of landowners and land users, including tenants. These include: noncompliance with the requirements for the use of land for its intended purpose; unauthorized occupation of land plots; destruction of boundary markers; evasion of state registration of land plots and submission of unreliable information about them and some others.
6
Kryzhanovskyi, Anatolii. "The mechanism of theft of others' property using information technologies". Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 11, n. 41 (23 marzo 2024): 144–52. http://dx.doi.org/10.23939/law2024.41.144.
Testo completoAbstract (sommario):
The article is devoted to the study of the mechanism of embezzlement of someone else's property, which is carried out using information technologies in the context of current legislation. The methodological basis was a systematic approach to the study of the mechanism of criminal offenses related to the theft of other people's property and the influence of information technologies. The main role was played by general scientific methods, historical, logical, comparative, generalization and classification, analysis and synthesis, deduction and induction. The following private research methods were used: comparative legal, formal legal, legal modeling. The object of the article is the relations arising in connection with theft in the field of information technologies as one of the most popular types of cybercrime. It is noted that criminal wrongdoing in cyberspace is a very specific category that is constantly evolving along with technological progress. Criminal offenses related to embezzlement of someone else's property using information and communication technologies - fraud, theft, embezzlement and embezzlement - were analyzed. It is noted that the mechanism of the crime as a whole system of circumstances, processes, factors that cause the emergence of carriers of information about the event of a criminal offense, its participants, provides the possibility of planning an investigation, searching for consequences, contributes to the criminal-legal qualification of the offender, acts as an object of forensic knowledge. It is emphasized that the scattering mechanism with the use of information technologies determines the appearance of traces. The mechanism of the criminal offense indicates the nature, essence and content of the functional side of the criminal activity, the regularities of the processes of interaction of the participants of the criminal event with each other and with the surrounding material environment, the regularities that cause the emergence of sources of forensically significant information about the crime and its participants. Further research should be directed to the study of the influence of certain information technologies on the theft of other people's property.
7
Teregulova, Oxana. "Features of the formation of the personality of a minor offender". Applied psychology and pedagogy 7, n. 1 (14 gennaio 2022): 129–36. http://dx.doi.org/10.12737/2500-0543-2022-7-1-129-136.
Testo completoAbstract (sommario):
The interest in the problems of the personality of juvenile offenders is primarily explained by the number of offenses and crimes committed by minors. At the same time, particularly dangerous crimes take place in the structure of crimes, such as. Like murder, rape, robbery, vandalism and others. In this regard, special attention is required to study the personality of the offender, those features and properties that contribute to the commission of such crimes, as well as the nature of the interaction of this person with the micro and macro environment.
The article analyzes the socio-psychological personality traits of a minor offender, regardless of the type of offense.
Despite the differences in the motives and methods of committing various offenses, they are primarily characterized by 1) the antisocial orientation of the individual; 2) the resulting ability to a certain aggressive / illegal / criminal action in relation to a particular object; 3) the presence of an appropriate environmental situation.
8
Robinson, Paul H., e Muhammad Sarahne. "After the Crime". New Criminal Law Review 24, n. 3 (2021): 367–96. http://dx.doi.org/10.1525/nclr.2021.24.3.367.
Testo completoAbstract (sommario):
Although an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision makers in the criminal justice system. Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it but also as a matter of fair and just treatment. This essay describes four kinds of positive post-offense conduct that merit special recognition and preferential treatment: the responsible offender, who avoids further deceit and damage to others during the process leading to conviction; the debt-paid offender, who suffers the full punishment deserved (according to true principles of justice rather than the sentence actually imposed); the reformed offender, who takes affirmative steps to leave criminality behind; and the redeemed offender, who out of genuine remorse tries to atone for the offense. The essay considers how one might operationalize a system for giving special accommodation to such offenders. Positive post-offense conduct might be rewarded, for example, through the selection and shaping of sanctioning methods, through giving preference in access to education, training, treatment, and other programs, and through elimination or restriction of collateral consequences of conviction that continue after the sentence is completed.
9
Alexander, Larry. "Harm, Offense, and Morality". Canadian Journal of Law & Jurisprudence 7, n. 2 (luglio 1994): 199–216. http://dx.doi.org/10.1017/s0841820900002666.
Testo completoAbstract (sommario):
Joel Feinberg’s magnificent four volume work, The Moral Limits of the Criminal Law, represents a sustained and comprehensive argument regarding what conduct is appropriately regulated through criminal prohibitions and sanctions. Feinberg’s conclusions are essentially those of the Millian liberal: Conduct that causes harm or offense to others may be criminalized, but conduct that is harmful only to the actor or that is a harmless immorality may not be. Feinberg’s governing principle, however, is not Mill’s maximization of utility but is instead respect for individual autonomy. For Feinberg, respect for autonomy delimits the legitimate boundaries of concern with others’ conduct insofar as the concern is expressed through criminal prohibitions.
10
Kidalov, Serhii. "PECULIARITIES OF QUALIFICATION OF ADMINISTRATIVE OFFENSES IN THE FIELD OF WASTE MANAGEMENT IN UKRAINE". Administrative law and process, n. 2(33) (2021): 44–53. http://dx.doi.org/10.17721/2227-796x.2021.2.04.
Testo completoAbstract (sommario):
The scientific article examines the content and essence of the legal qualification of administrative offenses, considers their features, for which there is responsibility in the field of waste management in Ukraine. The issue of qualification, in particular of certain types of offenses, issues of qualification of misdemeanors for which liability is provided in the field of waste management in Ukraine is studied. The aim of the work was to determine the features of qualification and study the practice of registration of materials in bringing to administrative responsibility in the field of waste management in Ukraine. In order to obtain the most reliable scientific results in the writing of the work used a number of general and special legal, theoretical and empirical methods of cognition, supplemented by the principles of dialectics. The use of these methods was mostly complex. The research methodology is based on a comprehensive approach to the analysis of the qualifications of administrative offenses in the field of waste management in Ukraine, which consists in the use of general and special scientific methods due to the specifics of the scientific article. The systematic method was used in the study of conceptual and methodological problems of defining the concepts: "qualification of an administrative offense" and "administrative offense". The formal-legal method was used to clarify the content of certain legal concepts. With regard to the results of the study, the article, based on the analysis of scientific views, considers the concepts and features of the qualification of administrative offenses in the field of waste management in Ukraine. It is determined that the qualification of acts as an administrative offense in the field of waste management in Ukraine is a comprehensive analysis of the content of the General and Special Parts of the Code of Administrative Offenses or other articles of administrative tort law thus correlate general and special offenses. Also, a study of administrative and legal qualifications in the field of liability for violations of waste management rules in Ukraine was conducted. Based on the analysis of current legislation and opinions of scientists, it is concluded that the key to the correct application of administrative law in the field of waste management in Ukraine is, first, to fulfill the purpose of administrative penalties in the context of the current Code. In particular, education of a person who has committed an administrative offense in the field of waste management in Ukraine, in the spirit of compliance with the laws of Ukraine, respect for the rules of coexistence and prevention of new offenses by the offender and others. Secondly, observance by bodies (officials) of the rights of persons involved in proceedings on administrative offenses in the field of waste management in Ukraine.
11
Georgiievskyi, Iurii, Viktoriia Spasenko e Maryna Bielikova. "Peculiarities of Аpplication of the Institution of Exemption from Liability to Administrative Offenses in the Field of Road Safety, Recorded Automatically". Problems of legality, n. 160 (30 marzo 2023): 152–69. http://dx.doi.org/10.21564/2414-990x.160.275719.
Testo completoAbstract (sommario):
The article analyzes the current state of administrative and legal regulation of the institute of exemption from liability for minor administrative offenses. The author notes that there are a number of problematic aspects of application of the Code of Ukraine on Administrative Offenses (hereinafter – CUAO) in the area under study, which is explained by the uncertainty of the legal nature of minority of an administrative offense. The lack of legislative definition of the term "minority offense", the criteria for distinguishing such an act from others, and the lack of regulation of misdemeanors which fall under the signs of minority cause problems of a law enforcement nature. The purpose of the article is to determine the shortcomings of the legal regulation of the procedure for exempting a person from responsibility for committing an administrative offense recorded in the automatic mode, due to the insignificance of the offense and formulating proposals for improving the current legislation in this area. In order to achieve the specified goal, the authors analyzes the legislation which regulates the procedure for dismissal of offenders referred to in Art. 14-2 of the CUAO in the field of road traffic safety. As a result, it has been established that despite the additional enshrinement of exceptional grounds for exemption from liability in Article 279-3 of the CUAO, the above category of persons is in a more unfavorable position than other subjects of administrative offenses. Although the general ground for exemption from administrative liability set out in Article 22 of the CUAO, which is the insignificance of an act, does not contain any restrictions on its application to automatically recorded offenses, the impossibility of its implementation is due to the specifics of the provisions of Articles 33, 268, 280 of the CUAO. The author formulates proposals for improving the legal regulation of application of Article 22 of the CUAO to offenses in this area, which will form the basis for further developments.
12
Satriadi, Satriadi. "Delik Santet Dalam Konstruksi RUU-KUHP". Al-Adalah: Jurnal Hukum dan Politik Islam 5, n. 2 (16 luglio 2020): 123–37. http://dx.doi.org/10.35673/ajmpi.v5i2.807.
Testo completoAbstract (sommario):
This study discusses witchcraft (santet) as one of the controversial offenses in the Criminal Code Bill. Socially, witchcraft (santet) is believed to be an act that can harm people, narrate, or even kill people. However, based on the principle of legality and the difficulty of proving, acts of witchcraft (santet) cannot be criminalized so it is not uncommon for people accused of being witchcraft (santet) to due of process of law. To analyze and understand the offense of witchcraft (santet) in the construction of the Draft Bill of the Criminal Code, this study utilizes normative legal research methods whose data are obtained through a literature study. The results showed that witchcraft (santet) as a criminal act was constructed into the category of the formal offense whose proof did not lead to the presence or absence of magical power possessed by someone, but criminalized was a criminal offense committed, namely a person who intentionally announced he had supernatural powers, offered his services in undertaking harm to others in the form of illness, death or mental or physical suffering.
13
MALABAT, Valérie. "Consecințele penale ale vânzării bunului altuia în dreptul francez". Analele Universitării din București Drept 2019 (26 marzo 2020): 82–93. http://dx.doi.org/10.31178/aubd.2019.09.
Testo completoAbstract (sommario):
There is no specific offense in French criminal law to punish the sale of something belonging to others. However, if the seller does so in bath faith, his behavior is reprehensible, and several offenses are applicable. The only uncertainty relates to the sale of someone else’s building. Even if many offenses can apply, such as theft, breach of trust, fraud or concealment, resorting to the criminal judge does not make it possible for the dispossessed owner to obtain the cancellation of the fraudulent contract or the restitution of his goods. Resorting to the criminal judge only enables him to get compensation.
14
Skitka, Linda J., Andrea L. Piatt, Timothy U. Ketterson e H. Russell Searight. "OFFENSE CLASSIFICATION AND SOCIAL FACILITATION IN JUVENILE DELINQUENCY". Social Behavior and Personality: an international journal 21, n. 4 (1 gennaio 1993): 339–46. http://dx.doi.org/10.2224/sbp.1993.21.4.339.
Testo completoAbstract (sommario):
Considerable research has investigated the effects of social facilitation on either positive or neutral behaviors, but little if any research has examined whether the presence of others can lead to greater levels of negative behavior. The purpose of this project was to explore the influence of social facilitation on patterns and severity of offenses committed by juvenile delinquents. Study l compared the severity of crime (as measured by the offense classification) as a function of 130 currently incarcerated juvenile delinquents' self-reports of whether their crime was committed alone or with others. Results suggested that juveniles tend to act in concert with others in delinquent acts. White females tended to act in concert with others more than African-American female adolescents in the commission of delinquent acts. However, no significant effects were found for social facilitation and severity of crime, even when controlling for MMPI lie scores. Study 2 addressed the same question, but used an archival approach. Data was obtained for criminal charges and whether the crime happened in the presence or absence of others from random sample of 30 records from a juvenile delinquency home. The best predictor of severity of crime from this sample was the number of people involved with the crime. The study therefore provides limited support for Zajonc's drive theory that suggests social facilitation can have a non-directional effect on behavior.
15
Montgomery, Evan Braden. "Breaking Out of the Security Dilemma: Realism, Reassurance, and the Problem of Uncertainty". International Security 31, n. 2 (ottobre 2006): 151–85. http://dx.doi.org/10.1162/isec.2006.31.2.151.
Testo completoAbstract (sommario):
In the debate between offensive and defensive realism, a central issue is whether major powers can overcome the uncertainty that drives the security dilemma. Whereas offensive realists maintain that states cannot know others' motives and intentions, defensive realists argue that states can reveal their preferences by altering their military posture. Defensive realists have, how- ever, presented an incomplete account of the constraints and opportunities associated with military reassurance. To demonstrate its motives, a security- seeking state must take actions that will often increase its vulnerability to potential aggressors. Although offense-defense variables have been invoked to address the constraint of vulnerability, the conditions usually considered most favorable for reassurance—differentiation between offense and defense and an advantage for the latter—make it no easier to achieve. A defensive advantage makes reassurance difficult by encouraging all states to adopt defensive capa- bilities and by requiring large concessions to reveal benign motives. Only when offense and defense are differentiated and the balance between them is neutral can states reveal their motives without also endangering their security. These arguments are illustrated with three empirical examples: the Anglo- German naval race, Nikita Khrushchev's troop cuts, and Mikhail Gorbachev's arms limitation and arms control policies.
16
Andreanto, M. Arief Amrullah e Fanny Tanuwijaya. "PEMULIHAN ASET KORBAN PENIPUAN SEBAGAI TINDAK PIDANA ASAL DALAM TINDAK PIDANA PENCUCIAN UANG". Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat 9, n. 2 (31 agosto 2023): 228–37. http://dx.doi.org/10.55809/tora.v9i2.262.
Testo completoAbstract (sommario):
: In a criminal offense we need to know clearly the criminal offense that occurred is a must. One of them is the crime of embezzlement formulated in Article 372 of the Criminal Code, which means that embezzlement is an act in which an object is in the power of a person not because of a criminal offense, but because of a legal act, for example because of storage, entrustment agreements, and so on. Then the person who is given the trust to store and so on controls the goods for himself unlawfully, then the person is committing embezzlement. In contrast to fraud as formulated in Article 378 of the Criminal Code, fraud means an act with the intent to unlawfully benefit oneself or others by using a false name, false dignity, deception or lies that can cause others to easily surrender their goods, money or wealth. These two criminal offenses can result in other actions that harm others with economic motives, which can be said that fraud and embezzlement are carried out to obtain a person's assets, one of which can be obtained by money laundering. Assets themselves are goods which in the legal sense are movable objects, both tangible and intangible, which are included in the assets or wealth or property of an agency, business entity organization or individual. The anti-money laundering regime in Indonesia has given birth to a new approach that no longer focuses on the perpetrators of crime, but on the assets of the proceeds of crime, known as the follow the money method. In addition, the law enforcement instruments against illegal assets contained in the Anti-Money Laundering Law are actually sufficient to reach not only the assets resulting from criminal acts but also their acquisition. Ideally, the assets resulting from the criminal offense are returned to the victim of the criminal offense through a court decision with permanent legal force that orders the seizure of assets for the state or returns to the rightful owner. Returning assets to victims by perpetrators in cases of property crime, fraud and embezzlement is not impossible. Return of assets in the form of compensation in this case can be implemented by merging cases. Victims of crimes with material losses, such as fraud and embezzlement, have the right to recover their property.
17
Popov, A. V., e I. A. Fomina. "The Concept and Criteria of Insignificance of the Committed Administrative Offense". Siberian Law Review 20, n. 2 (8 giugno 2023): 132–44. http://dx.doi.org/10.19073/2658-7602-2023-20-2-132-144.
Testo completoAbstract (sommario):
The problem of applying the insignificance of administrative offenses is relevant in the scientific community. Many authors, such as Yu. P. Solovey, E. V. Sergeeva, O. V. Derbina, L. Ch. Kupeeva and others, in different years raised issues related to the insignificance of offenses in their scientific activities. The Authors studied the objectivity of the application of insignificance to the formal elements of offenses, the effectiveness of oral remarks, and possible criteria for recognizing an offense as insignificant. The appraisal of the concepts enshrined in the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) makes it possible to ensure the flexibility of legislation in sentencing. However, in the particular case under consideration, evaluativeness and the lack of clear criteria for the use of insignificance contribute to the blurring of the boundaries of responsibility. The results of the statistical study cited by the Authors show that for 2019–2021. a significant number of proceedings on administrative offenses were terminated precisely on the basis of Art. 2.9 of the Code of the Russian Federation on Administrative Offenses, which indicates the importance of the criteria by which the possibility of applying insignificance and the conditions to be analyzed by an official of the relevant administrative body or a judge is assessed. As a criterion of insignificance of administrative offenses, the objective side of which is characterized by the receipt of income or damage, the Authors propose to use the amount of such income or damage. According to the Authors, the classification of an administrative tort as insignificant is possible when receiving income or causing damage that does not exceed 1/30 of the subsistence minimum in the whole of the Russian Federation per capita, provided for the calendar year in which the administrative offense was committed (for 2023 – 480 rubles). Given the above, the Authors indicate the need for legislative consolidation of the categories of administrative offenses and circumstances in the commission or occurrence of which the application of the legal institution of insignificance is unacceptable. One of these circumstances, at the suggestion of the Authors, is the absence of a person held liable when considering a case of an administrative offense.
18
Sheverdina, Victoria. "Grounds of Liability in Labor Law: Theoretical and Legal Analysis". Law and innovations, n. 3 (39) (23 settembre 2022): 35–41. http://dx.doi.org/10.37772/2518-1718-2022-3(39)-5.
Testo completoAbstract (sommario):
Problem setting. In any society, actions are committed that are illegal and, accordingly, require the use of coercive measures or, in other words, measures of responsibility. The field of labor relations is no exception. After all, responsibility acts as a guarantor of the mandatory performance of the parties to the employment relationship with their obligations and compliance with the norms of the current legislation. Despite thorough research, liability issues in labor law have not lost their relevance. Analysis of recent researches and publications. A significant number of dissertations, monographs and periodicals are devoted to the issue of specifics of responsibility in labor law. Among them, we can highlight the scientific achievements of V. S. Venediktov, O. M. Lukyanchikov, I. V. Lazor, O. I. Protsevskii, S. M. Prilypka, N. M. Khutoryan, G. I. Chanysheva, O. V. Cherkasov, V. I. Shcherbiny, O. M. Yaroshenko and many others. Target of research. Therefore, the purpose of this study is to find out what are the grounds of responsibility in labor law and what is necessary for their practical implementation. Article’s main body. The article clarifies what are the grounds of responsibility in labor law and what is necessary for their practical implementation. Regarding the issue of the basis of disciplinary responsibility, the following is stated: (a) the current labor legislation should be supplemented with provisions on the basis of bringing an employee to disciplinary responsibility and contain a definition of a disciplinary offense; (b) only a disciplinary offense can be the basis of disciplinary responsibility; (c) the legislation must establish without appeal that a disciplinary offense is a culpable act or omission. Regarding the issue of the basis of material responsibility, the following is stated: (a) the basis of material responsibility is a labor offense that manifests itself as illegal actions or inaction within the framework of a single complex labor relationship; (b) such actions are of an illegal nature and are the result of culpable failure to perform or improper performance of labor duties; (c) the subject of material responsibility can be exclusively the employee and the employer; (d) non-performance or improper performance of labor duties has a cause-and-effect relationship with the damage caused. Conclusions and prospects for the development. In general, characterizing the grounds of responsibility in labor law, it is stated that they are divided into normative and actual. Normative grounds are determined by legislation and are necessary for the practical implementation of responsibility in labor law. There are two types of actual grounds for liability in labor law: disciplinary misconduct; labor and property offence. The practical part of the implementation of responsibility consists in imposing responsibility on the violator exclusively in the presence of the composition of a disciplinary offense or the composition of a labor property offense. An employee can be a subject of a disciplinary offense and a labor property offense, and an employer can only be a subject of a labor property offense. By their very nature, labor offenses are non-performance or improper performance of labor duties, which proves their existence exclusively within a single complex labor relationship.
19
Mulyar, H., e V. Babych. "Peculiarities of criminal responsibility for embezzlement of humanitarian aid during the le-gal regime of martial law in Ukraine". Uzhhorod National University Herald. Series: Law 2, n. 77 (13 luglio 2023): 171–74. http://dx.doi.org/10.24144/2307-3322.2023.77.2.29.
Testo completoAbstract (sommario):
The article analyzes Art. 201-2 of the Criminal Code of Ukraine "Illegal use for profit of humanitarian aid, charitable donations or free aid", the opinions of scientists regarding the specified article were investigated, potential problems that may arise in the process of criminal prosecution for the relevant act were identified, and it was proposed possible ways to solve them.
Separate aspects of responsibility for the illegal use of humanitarian aid were studied by: A. Shevchuk, O. Bodnaruk, D. Kamenskyi, O. Dudorov, R. Movchan, O. Kolb, V. Grishko, Z. Krasko, O. Kryshevych, and others. In their writings, scientists have repeatedly emphasized the need for further research on this issue, because a proper criminal-legal analysis of Art. 201-2 of the Criminal Code of Ukraine is useful for correct further qualification when distinguishing criminal offenses against property and in the field of economic activity.
It was established that the amendment to the Criminal Code of Ukraine, Art. 201-2 allows us to carry out both preventive prevention of the commission of a criminal offense and the possibility of punishing persons who have already committed a criminal offense.
Among the existing shortcomings of the wording of the specified criminal offense, the following can be identified: 1) an unreasonably high minimum limit, which provides grounds for bringing criminal responsibility to unscrupulous persons; 2) the purpose of this criminal offense "making a profit" is debatable, because such a phrase has so far been used only in the context of the actual consequences of the illegal behavior of the subject of the criminal offense.
It was concluded that the legislator needs in the disposition of Art. 201-2 of the Criminal Code of Ukraine to clearly define the range of subjects, thereby making it impossible to prosecute persons who are not subjects of receiving humanitarian aid.
20
Vodoriezova, Susanna. "Some considerations on the application of measures of influence for offenses in the informational field". Law and innovations, n. 3 (31) (2 ottobre 2020): 52–59. http://dx.doi.org/10.37772/2518-1718-2020-3(31)-8.
Testo completoAbstract (sommario):
Problem setting. The article is devoted to the study of general theoretical issues on the peculiarities of the application of measures of influence for offenses in the informational sphere, identifies the types of liability for offenses in the informational sphere. Target of research. The purpose of this article is to analyze the measures of legal influence for violations of the law in the informational sphere. Analysis of recent researches and publications. Issues related to the study of the peculiarities of the application of measures of influence for offenses in the informational sphere, were the subject of research by such scientists as: V. V. Belevtseva, A. O. Volkova, I. F. Korzh, V. Ya. Nastyuk, G. M. Pisarenko and others. However, given the rapid development of informational relations, existing approaches to their regulation, including relations on the application of measures of influence in the informational sphere, need to be reconsidered and updated. Article’s main body. Considering the category of “measures of influence”, it should be emphasized that measures of legal responsibility are only part of the whole system of measures of influence that can be applied to the offender. It should be emphasized that the measures of legal responsibility for their intended purpose are punishable, ie the purpose of their application is to punish the subject for deviation from the lawful conduct provided by law. At the same time, the purpose of applying measures of influence is not only to punish the offender. Measures of influence can be used to restore the violated rights, to ensure the existing state of legal relations before their commission, the cessation of offenses, etc. In fact, the category of “measures of influence” in its content is broader than “legal liability”. Conclusions and prospects for the development. Тhe intersectoral nature of the current information legislation of Ukraine necessitates further in-depth analysis of measures of influence for offenses in the informational sphere in order to ensure informational security of man, state and society. Specific examples indicate that measures of influence for informational offenses can be divided on the following grounds: a) purpose (security, suspending and punitive); b) values - basic and additional (within a specific coercive measure); c) variability - non-alternative (only a specific measure of influence is envisaged for the relevant offense) and alternative (several coercive measures are envisaged for the commission of a specific offense, the person authorized to apply coercive measures has the opportunity to choose); d) the procedure for application - judicial and extrajudicial.
21
Babchishin, Kelly M., Hannah L. Merdian, Ross M. Bartels e Derek Perkins. "Child Sexual Exploitation Materials Offenders". European Psychologist 23, n. 2 (maggio 2018): 130–43. http://dx.doi.org/10.1027/1016-9040/a000326.
Testo completoAbstract (sommario):
Abstract. The downloading and possession of Child Sexual Exploitation Materials (CSEM; also referred to as child pornography and indecent images of children) is a commonly convicted type of Internet sexual offenses. This review summarizes the current state of knowledge on CSEM offenders. We first provide a summary of the key motivations of CSEM offenders, characteristics of CSEM offenders compared to contact sexual offenders against children, and important facilitative factors. We then review the factors related to recidivism among CSEM offenders. Finally, we describe current developments in the risk assessment, police case prioritization, and treatment approaches for CSEM offenders. Generally, CSEM offenders hold a sexual interest in children, are low on antisocial tendencies, and pose a low risk to reoffend (including contact sexual offending). Key facilitative factors for CSEM offending include access to children, offense-supportive cognitions, and sexual arousal. Factors indicative of antisocial tendencies (e.g., criminal history) are associated with an increased risk of reoffending. Lastly, we address atypical sexual interest, socio-affective dysfunctions, and strategies for maintaining an offense-free lifestyle as key treatment targets for CSEM offenders. Lower treatment dosage, however, should be considered given CSEM-exclusive offenders’ lower risk level for contact sexual offenses. We hope that this review will inspire others to explore the current research gaps in future studies.
22
von Hirsch, Andrew, e Joel Feinberg. "Injury and Exasperation: An Examination of Harm to Others and Offense to Others". Michigan Law Review 84, n. 4/5 (febbraio 1986): 700. http://dx.doi.org/10.2307/1288841.
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Hosnah, Asmak Ul, Sapto Handoyo Djakarsih Putro e Umar A. Azis. "The Implementation of Noodweer Exceeds to Perpetrators of Murder in the Practice of Criminal Justice Practices in Indonesia". International Journal of Multicultural and Multireligious Understanding 7, n. 2 (31 marzo 2020): 540. http://dx.doi.org/10.18415/ijmmu.v7i2.1523.
Testo completoAbstract (sommario):
Article 49 of the Indonesian Criminal Code regulates acts of "emergency defense" or "forced defense" (Noodweer) for oneself or others, honor, decency or property of themselves or others, because there is an attack or threat of a very close attack. The provision on emergency defense (Noodweer Exces) is a universal principle that the state is not fit to sue its citizens to surrender to let injustice befall them, injustice need not defeat the law. Noodweer Exces is a defense caused by a great mental shock. Not all acts that fulfill all elements of a criminal offense can be convicted of a criminal offense, but the Judge can give an acquittal or acquittal. The possibility of a judge giving a free decision on a criminal offense that has been committed is part of the principle in the criminal justice system in force in Indonesia. The problem is, are there reasons justified by criminal law for a judge to give an acquittal decision or the perpetrator's actions cannot be accounted for a criminal offense committed. The reason referred to is interpreted as a reason for a criminal eraser or a reason for criminal negation.
24
Nesterova, Anastasia Vladimirovna. "Legal assistance in cases of administrative offences and other types of legal assistance". Международное право и международные организации / International Law and International Organizations, n. 2 (febbraio 2021): 68–76. http://dx.doi.org/10.7256/2454-0633.2021.2.35825.
Testo completoAbstract (sommario):
The subject of this research is the Institution of legal assistance in cases of administrative offenses. The author examines the concept, according to which the norms on international legal assistance related to various branches of law (civil procedure, arbitration procedure, criminal procedure, administrative, private international) and reflecting the basic principles of international law, constitute an independent set of norms. The Institute of rendering legal assistance in cases of administrative offences is most similar by the content to the Institution of rendering legal assistance in cases of criminal offences established in the Chapter 53 of the Criminal Procedure Code of the Russian Federation. The comprehensive analysis of these institutions along with the position of the international community on their correlation, contributes to elaboration of ways for their development. The European Court of Human Rights, in the context of correlation of the norms on criminal responsibility in different countries, claims that regardless of whether the act is a criminal offence (France), minor offence (Germany), or administrative offense (Russia), it falls under the category pf “criminal matter” (criminal sphere), from the perspective that the country is obliged to provide a person with due procedural guarantees if indicted. Considering that the international community understands “criminal matter” as both crimes and offenses, the provisions on rendering legal assistance in cases of administrative offenses can be implemented in accordance with the standards that are effective in providing legal assistance in cases of criminal offences. The latter may include the process of harmonization and unification of international and domestic law, conclusion of bilateral and multilateral agreements between the countries, etc.
25
Callaham, Scott N. "Blasphemy against the Holy Spirit: Rejecting the Sign of the Covenant". Horizons in Biblical Theology 45, n. 1 (20 aprile 2023): 37–58. http://dx.doi.org/10.1163/18712207-12341461.
Testo completoAbstract (sommario):
Abstract One of the notorious interpretive cruces within the Synoptic Gospels concerns blasphemy against the Holy Spirit. According to Jesus, this sin stands apart from and above all others as an unforgivable offense. Attempts to explain the internal logic of these sayings and their place within Jesus’s teaching have left New Testament scholarship at an impasse. The present study advances a fresh perspective: that blasphemy against the Holy Spirit means radically rejecting the sign of the New Covenant, hence the offender experiences the covenant sanction of irrevocably being “cut off.”
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Shestak, L. V., e O. V. Seletskyi. "Individual issues of legal regulation of administrative liability for offenses that undermine the established order of governance". Uzhhorod National University Herald. Series: Law 2, n. 82 (10 giugno 2024): 289–94. http://dx.doi.org/10.24144/2307-3322.2024.82.2.46.
Testo completoAbstract (sommario):
The article addresses the issues of legal regulation of administrative liability for offenses that undermine the established order of governance. The authors analyze the peculiarities of normative fixation of administrative offenses provided for in Chapter 15 of the Code of Ukraine on Administrative Offenses and point out the inconsistency of certain provisions of the Code with modern conditions, including wartime. According to the authors, this fosters a sense of impunity among offenders and a sense of helplessness among law enforcement officials in the face of the «letter of the law.» Analyzing the features of administrative offenses that affect established management procedures allows drawing conclusions about the multitude of special subjects for violations within the named group, as well as the diversity of manifestations of the subjective aspect. This is associated with the creation of new institutions (Bureau of Economic Security, State Special Communications Service and Information Protection of Ukraine, among others), as well as the expediency of legal protection of relationships that have emerged relatively recently (such as personal data protection). Despite the importance of applying measures of administrative liability for violations affecting established management procedures, there are numerous shortcomings in the legal regulation of such liability. Among these shortcomings, the following should be highlighted: disproportionality of sanctions to the severity of the offense committed, obsolescence of certain provisions, impossibility of holding accountable individuals who are not citizens of Ukraine; a significant number of offense elements, the qualification of which requires studying special regulatory acts, impossibility of holding minors accountable on general grounds; lack of administrative liability for violations of curfew and failure to observe blackout measures during a state of war, and so on.
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Dworkin, Gerald, e Joel Feinberg. "Offense to Others: The Moral Limits of the Criminal Law." Philosophical Review 98, n. 2 (aprile 1989): 239. http://dx.doi.org/10.2307/2185284.
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Nozdrachev, Aleksandr F., e Tatyana A. Levonenkova. "Review of a Scientific and Practical Seminar Evolution of the Administrative Liability in Russia (Moscow, Institute of Legislation and Comparative Law under the Government of the Russian Federation, October 29, 2020)". Administrative law and procedure 5 (13 maggio 2021): 82–88. http://dx.doi.org/10.18572/2071-1166-2021-5-82-88.
Testo completoAbstract (sommario):
The Institute of Legislation and Comparative Law under the Government of the Russian Federation held a scientificpractical seminar, devoted to discussion of the problems of evolution of administrative responsibility in Russia. Within the framework of the scientific event, such issues were discussed as: criminal offense under the legislation of the Russian Empire as a prerequisite for the emergence of administrative responsibility, the emergence of administrative responsibility in the first years of Soviet power, administrative responsibility in the system of legal responsibility, attempts to codify legislation on administrative responsibility — goals, objectives, principles, forms of codification, Fundamentals of the legislation of the USSR and the Union republics on administrative offenses and the Code of Administrative Offenses of the RSFSR — the first codification, trends in the development of legislation of the constituent entities of the Russian Federation on administrative offenses, the problem of coordination of lawmaking in the field of establishing administrative responsibility, and others.
29
Clark, Roger S. "Rethinking Aggression as a Crime and Formulating Its Elements: The Final Work-Product of the Preparatory Commission for the International Criminal Court". Leiden Journal of International Law 15, n. 4 (dicembre 2002): 859–90. http://dx.doi.org/10.1017/s0922156502000389.
Testo completoAbstract (sommario):
The crime of aggression will be included within the jurisdiction of the International Criminal Court once agreement is reached on its definition and the conditions for exercising jurisdiction. The author discusses the ultimately unsuccessful efforts of the now concluded Preparatory Commission for the Court to complete the drafting. He suggests how the mental and material elements of the offense might be structured consistently with other offenses in the Statute of the Court. Probably the biggest intellectual hurdle is that of “conditions.” A number of states, notably the Permanent Members of the Security Council, insist that there must be a predetermination of an act of aggression by a state made by the Security Council. Others believe that the predetermination can be made by the General Assembly or the International Court of Justice. Yet others claim that all decisions must be made by the International Criminal Court. The political choice between these positions has still to be made.
30
Карипбаев, Ж. Б., e K. S. Mussin. "The concept of administrative offenses of minors". Bulletin of the Karaganda University “Law Series” 102, n. 2 (30 giugno 2021): 22–29. http://dx.doi.org/10.31489/2021l2/22-29.
Testo completoAbstract (sommario):
This article considers the current issues of administrative offenses committed by minors in the Republic of Kazakhstan. In particular, lawyers, sociologists, psychologists and other scientists studying the genesis of offenses and the legitimacy of the mechanism of legal liability for administrative offenses believe that the only basis for bringing juveniles to justice is the offense committed by them. In this regard, one of the most pressing issues is the problem of prevention, warning and combating juvenile delinquency, which can ultimately lead to a significant reduction. Therefore it should be noted that government agencies and officials should pay attention to the prevention and warning of delinquency when dealing with minors. The authors draw attention to the fact that, as practice shows, timely preventive measures taken to prevent administrative offenses of minors are of particular importance in legal and educational relations as an alternative to measures of administrative responsibility. Therefore the authors has conducted a profound and extensive study of the issue of neglect of children today, analyzing the reforms, views and opinions that have been recognized as worthy of complex and in-depth study, taking into account all stakeholders, including government agencies, social workers, scientists and others.
31
Christensen, Thomas J., e Jack Snyder. "Chain gangs and passed bucks: predicting alliance patterns in multipolarity". International Organization 44, n. 2 (1990): 137–68. http://dx.doi.org/10.1017/s0020818300035232.
Testo completoAbstract (sommario):
Contemporary balance-of-power theory has become too parsimonious to yield determinate predictions about state alliance strategies in multipolarity. Kenneth Waltz's theory predicts only that multipolarity predisposes states to either of two opposite errors, which this article characterizes as chain-ganging and buck-passing. To predict which of these two policies will prevail, it is necessary to complicate Waltz's theory by adding a variable from Robert Jervis's theory of the security dilemma: the variable of whether offense or defense is perceived to have the advantage. At least under the checkerboard geographical conditions in Europe before World Wars I and II, perceived offensive advantage bred unconditional alliances, whereas perceived defensive advantage bred free riding on the balancing efforts of others.
32
Ballester, Sandrine, Fatima Chatri, Maria Teresa Muñoz Sastre, Sheila Rivière e Etienne Mullet. "Forgiveness-related motives: A structural and cross-cultural approach". Social Science Information 50, n. 2 (26 maggio 2011): 178–200. http://dx.doi.org/10.1177/0539018411398418.
Testo completoAbstract (sommario):
The structure of the motives invoked by people for forgiveness and for unforgiveness was assessed, and the relationships between these motives and demographic characteristics, conceptualizations of forgiveness, forgivingness, personality and culture were examined. Forgiveness appeared to be fueled mainly by three largely independent kinds of motives: having recovered sympathy for a repentant offender, applying a moral principle and preserving a meaningful relationship. Forgiveness may sometimes, however, amount to exploiting the offense for dominating or for challenging the offender as well as others. Unforgiveness appeared to be fueled mainly by persistent anger and indignation, sometimes associated with the desire for self-affirmation and self-protection, and, for a few participants, it was the only response to outgroup members. For each kind of invoked motive a meaningful pattern of relationships with the other measurements, including culture, was found.
33
Datta-Ray, Deep K. "Diplomacy Beyond History: Analytic-Violence, Producer-Centred Research, India". India Quarterly: A Journal of International Affairs 77, n. 1 (31 gennaio 2021): 9–24. http://dx.doi.org/10.1177/0974928420983074.
Testo completoAbstract (sommario):
The history of Indian diplomacy conceptualises diplomacy racially—as invented by the West—and restrictively—to offence. This is ‘analytic-violence’ and it explains the berating of Indians for mimicking diplomacy incorrectly or unthinkingly, and the deleting, dismissing, or denigrating, of diplomatic practices contradicting history’s conception. To relieve history from these offences, a new method is presented, ‘Producer-Centred Research’ (PCR). Initiating with abduction, an insight into a problem—in this case Indian diplomacy’s compromised historicisation—PCR solves it by converting history’s racist rationality into ‘rationalities’. The plurality renders rationality one of many, permitting PCR’s searching for rationalities not as a function of rationality but robust practices explicable in producer’s terms. Doing so is exegesis. It reveals India’s nuclear diplomacy as unique, for being organised by defence, not offence. Moreover, offence’s premise of security as exceeding opponent’s hostility renders it chimerical for such a security is, paradoxically, reliant on expanding arsenals. Additionally, doing so is a response to opponents. This fragments sovereignty and abdicates control for one is dependent on opponent’s choices. Defence, however, does not instigate opponents and so really delivers security by minimising arsenals since offence is eschewed. Doing so is not a response to opponents and so maintains sovereignty and retains control by denying others the right to offense. The cost of defence is courage, for instance, choosing to live in the shadow of nuclear annihilation. Exegesis discloses Balakot as a shift from defence to offence, so to relieve the Bharatiya Janata Party’s (BJP) leadership of having to be courageous. The intensity of the intention to discard courage is apparent in the price the BJP paid. This included equating India with Pakistan, permitting it to escalate the conflict, and so imperiling all humanity in a manner beyond history.
34
Bayles, Michael D., e Joel Feinberg. "Offense to Others: The Moral Limits of the Criminal Law, Vol. 2". Law and Philosophy 5, n. 1 (aprile 1986): 113. http://dx.doi.org/10.2307/3504715.
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35
OLIVER, LORI L., GORDON C. NAGAYAMA HALL e STEVEN M. NEUHAUS. "A Comparison of the Personality and Background Characteristics of Adolescent Sex Offenders and Other Adolescent Offenders". Criminal Justice and Behavior 20, n. 4 (dicembre 1993): 359–70. http://dx.doi.org/10.1177/0093854893020004004.
Testo completoAbstract (sommario):
The current study investigated personality differences between adolescent sex offenders and nonsexually offending adolescents on the Jesness Inventory. Subjects were 50 adolescent males charged with a sexual offense, 50 adolescent males charged with nonviolent offenses, and 50 adolescent males charged with violent offenses. The adolescent sex offender group generally displayed the least deviant personality and historical characteristics among the groups examined. These findings, inconsistent with the adult sex offender literature, suggest that sex offenders may be more amendable to treatment during adolescence than during adulthood and that early intervention may have preventive value.
36
DALY, HELEN L. "On Insults". Journal of the American Philosophical Association 4, n. 4 (2018): 510–24. http://dx.doi.org/10.1017/apa.2018.29.
Testo completoAbstract (sommario):
AbstractSome bemoan the incivility of our times, while others complain that people have grown too quick to take offense. There is widespread disagreement about what counts as an insult and when it is appropriate to feel insulted. Here I propose a definition and a preliminary taxonomy of insults. Namely, I define insults as expressions of a lack of due regard. And I categorize insults by whether they are intended or unintended, acts or omissions, and whether they cause offense or not. Unintended insults are of particular concern since greater understanding may help us to avoid them. And insults by omission warrant special consideration because they suggest an interesting extension of Grice's theory of conversational implicature.
37
MOROZOVSKA, Oksana. "To the problem of definition the subject of intentional introduction (release on the market of Ukraine) of dangerous products". Economics. Finances. Law 9, n. - (28 settembre 2023): 37–39. http://dx.doi.org/10.37634/efp.2023.9.7.
Testo completoAbstract (sommario):
The paper defines the subject of intentional introduction (release on the market of Ukraine) of dangerous products. The Criminal Code of Ukraine provides for responsibility for the intentional introduction (release on the market of Ukraine) of dangerous products, i.e. such products that do not meet the requirements for product safety established by regulatory legal acts, if such actions are committed on a large scale. In legal literature, the subject of a criminal offense is defined as a thing of the material world, in connection with which or on account of which a criminal offense is committed or as information, in cases defined by the criminal law. Scientists and researchers define the subject of intentional introduction (release on the market of Ukraine) of dangerous products in different ways. In our opinion, the subject of the investigated criminal offense is food products that are harmful to health and/or unfit for consumption, as well as non-food products that do not meet the requirements for their safety, which are defined in the relevant technical regulations, national standards of Ukraine and others technical specifications. Items seized from civilian circulation, products of military purpose, as well as products that are a source of ionizing radiation are not the subject of a criminal offense. Work and services are also not the subject of the investigated criminal offense, since the subject can be materialized things, while work is a certain activity or process related to the manufacture of a product or changing its properties, and a service is the provision or transfer of a certain good to the consumer. If the work or service finds its expression as a result that is the subject of the material world, then this materialized result can be recognized as the subject of a criminal offense.
38
Stanisavljević, Jelena. "Criminal offense of HIV infection transmission". Arhiv za pravne i drustvene nauke 11, n. 1 (2023): 81–95. http://dx.doi.org/10.5937/adpn2301081s.
Testo completoAbstract (sommario):
Given that AIDS is an incurable, deadly disease that can be prevented by simple preventive measures, the intention of the Serbian legislature to make the transmission of HIV infection a criminal offense is justified. However, infection with HIV represents a specific disease, which makes the criminal act of transmitting infection with HIV specific too. For the crime to be prescribed adequately, it is first necessary to understand the nature of the disease, the ways of its transmission, and also the psychology of the infected person, that is, the potential perpetrator. The current legal text shows that the legislator has not fully coped with this challenge. In the current legal text that prescribes the criminal offense of transmitting infection with HIV, there are certain shortcomings that we must point out. First of all, the legislator failed to foresee the possibility of punishing persons who knowingly transmit HIV infection to others, even though they are not infected themselves, but this form of offense was foreseen only for HIV-positive persons. Then, the legislator foresees the occurrence of the qualifying circumstance only for the act from paragraph 3 of Art. 250, and not for the offense from paragraph 2 of the same article, although death occurs in all cases when HIV infection reaches the terminal stage. Also, the position that prescribes the negligent form of the act is vaguely formulated and leads to confusion in which situations the act can have a negligent form. The way in which the criminal offense is currently prescribed makes it almost impossible to prove the connection between the action and the consequence, and therefore difficult to prove the guilt of the perpetrator, as evidenced by the fact that in 15 years there have been only two convictions for this crime. The (un) achieved results speak in favour of the fact that it is not enough to just prescribe a criminal offense, but that the problem of criminalizing HIV transmission must be approached in a different and systematic way.
39
Hewitt, Ashley N., Eric Beauregard e Garth Davies. "An Empirical Examination of the Victim-Search Methods Utilized by Serial Stranger Sexual Offenders: A Classification Approach". Journal of Interpersonal Violence 34, n. 21-22 (1 novembre 2016): 4522–49. http://dx.doi.org/10.1177/0886260516675921.
Testo completoAbstract (sommario):
Past research on the spatial mobility of serial offenders has generally found that these individuals make calculated decisions about the ways in which they come into contact with suitable victims. Within the geographic profiling literature, four victim-search methods have been theorized that describe how serial predatory offenders hunt for their victims: hunter, poacher, troller, and trapper. Using latent class analysis, the aim of this study is to test whether this theoretical typology can be empirically derived using data that were collected from both police files and semi-structured interviews with 72 serial sex offenders who committed 361 stranger sexual assaults. Empirical support is found for each of the aforementioned victim-search methods, in addition to two others: indiscriminate opportunist and walking prowler. Chi-square analyses are also conducted to test for associations between this typology and characteristics of the offense such as victim information, environmental factors, and the offender’s modus operandi strategies. Findings from these analyses suggest that the types of victims and environments targeted by the offender, as well as the behaviors that take place both before and during the offense, are dependent upon the offender’s victim-search strategy. Although the theoretical hunter, poacher, troller, and trapper were intended to describe the victim-search methods of serial violent predators more generally, the finding that these strategies exist along with two others in this sample of sexual offenders may indicate that search behavior is specific to certain crime types. Furthermore, these findings may be of assistance in the investigation of stranger sexual assaults by providing law-enforcement officials with possible clues as to the characteristics of the unknown suspect, the times and places likely targeted in any past or future events, and possibly even his base of operations.
40
RUBACK, R. BARRY. "Advice to Crime Victims:". Criminal Justice and Behavior 21, n. 4 (dicembre 1994): 423–42. http://dx.doi.org/10.1177/0093854894021004003.
Testo completoAbstract (sommario):
There is consistent evidence from a variety of sources that crime victims' reporting decisions are influenced by others. The present studies extended this prior work by surveying two statewide stratified random samples ( ns = 817 and 832). In Study 1, of 148 respondents who said a family member had been a victim of sexual assault, domestic assault, or robbery, only 65% said that they had advised the victims to report the crime, and women were significantly more likely to advise reporting domestic assault than were men. In both Study 1 and Study 2, respondents were asked about the appropriateness of reporting specific crimes to the police. Based on both within-and between-respondent questions, it appears that reporting advice is contingent on several factors: the seriousness of the offense, the gender of the victim, the victim-offender relationship, and the gender of the respondent.
41
Hryhorovych, P. O. "TYPICAL INVESTIGATORY SITUATIONS AND TACTICAL TASKS WHEN INQUIRING INTO THE CRIMINAL PROCEEDINGS ON FINANCIAL RESOURCES FRAUD". Actual problems of native jurisprudence, n. 06 (27 gennaio 2020): 135–39. http://dx.doi.org/10.15421/3919111.
Testo completoAbstract (sommario):
The article proposes the tactics of actions of the investigator (head of the investigative unit) of the bodies, which exercise control over the observance of tax legislation, based on the nature of the known circumstances about the criminal offense and persons involved in its commission. The following investigative situations were distinguished by the results of consideration of allegations and reports of criminal offenses: signs of a crime were found to be the basis for entering information in the Unified Register of Pre-trial Investigations and the commencement of pre-trial investigation; no crime was detected, why to carry out verification measures in view of Part 1 of Art. 214 of the CPC of Ukraine and in accordance with the Law of Ukraine “On Operational Investigation Activities”; the fact of committing a criminal offense is not confirmed by the materials of the audit (with the conclusion drawn). It is emphasized that the source of information about the identity of the offender can be considered the search for witnesses, forensic investigation of documents that fixed the registration of the movement of funds from the moment of their unlawful withdrawal from the bank account before carrying out operations on their legalization (laundering). It has been determined that the development of forensic methods of investigation of fraud with financial resources are dominant tactical tasks, while others are subordinate. The analysis of investigative practice shows that cognitive tactical tasks of investigation differ from each other not only in content but also in degree of complexity and, accordingly, by means of solution. It is concluded that the complex application of procedural, operational, search and organizational measures to solve the tactical tasks of the initial stage of investigation of fraud with financial resources are not exhaustive, since it is impossible to formulate universal investigation schemes applicable in any case, how it is impossible to predict the actions of criminals in advance. Therefore, each specific situation of investigation requires the investigator, first of all, creative activity within the framework of criminal procedural regulation on the basis of the generalized practices in science, theoretical provisions and methodological recommendations.
42
Ifere, Eugene Okoi, Okey Oyama Ovat, Emeka Josephat Owan, Mercy Ihuoma Chijioke, Lekam Ujong Ofem, Joseph Nsabe Ndome, Malachy Ashywel Ugbaka e Atelhe George Atelhe. "Perception and criminality of tax evasion in a developing economy". Corporate Law and Governance Review 5, n. 2, special issue (2023): 164–73. http://dx.doi.org/10.22495/clgrv5i2sip3.
Testo completoAbstract (sommario):
This study examines the perceptions and extent to which tax evasion is classified as a criminal offense compared to fifteen listed offenses in the Niger Delta region of Nigeria. The motivation stems from the need to understand the reasons for higher levels of tax evasion and its perception as a lesser crime vis-à-vis others, despite its economic implications. It interrogates Menezes de Carvalho and Cabral de Ávila’s (2022) study which proved that tax governance practices and enforcement have serious consequences on the level of tax evasion. It employs a primary study using 409 questionnaires similar to Gupta (2009), and Mamuti and McGee (2016), which measured the perceptions toward tax evasion as a crime. Results revealed that murder/ritual killing, armed robbery, militancy, kidnapping, and human trafficking are among the top five crimes while tax evasion was rated third lowest crime. Also, corruption and ineffective tax governance, among others were identified as reasons for tax evasion. The implication is that tax evasion leads to dwindling government revenue and welfare. Consequently, the study recommended that to build confidence in tax authorities and systems, the government should step up social contracts with the people. Tax defaulter should be punished and the government should carry out periodic tax education
43
Lopez, Anthony C. "The Evolutionary Psychology of War: Offense and Defense in the Adapted Mind". Evolutionary Psychology 15, n. 4 (1 ottobre 2017): 147470491774272. http://dx.doi.org/10.1177/1474704917742720.
Testo completoAbstract (sommario):
The study of warfare from an evolutionary perspective has expanded rapidly over the last couple of decades. However, it has tended to focus on the ancestral origins, prevalence, and instruments of war rather than adaptationist analyses of its underlying psychology. I argue that our evolved coalitional psychology may contain a set of distinct evolved heuristics designed specifically for offensive and defensive coalitional aggression. Data from two survey experiments are presented, in which subjects were given scenarios depicting offensive or defensive aggression and were told to make decisions, for example, regarding their willingness to participate in the conflict, their opinions of others who did not choose to participate, and their expectations benefit. The results indicate that humans do indeed distinguish readily between these two domains and that their willingness to participate, as well as their emotional responses toward others, is highly contingent upon this informational cue in adaptively relevant ways. In addition, and consistent with parental investment theory, data reveal a range of sex differences in attitudes toward coalitional aggression in the two conflict domains. Beyond the study of warfare, this project has implications for our understanding of the relationship between individual behavior and group dynamics, as well as for our understanding of the mechanisms by which the psychological framing of political events can lead to important social outcomes.
44
Kravchuk, P. Yu, e Ya R. Potapov. "Features of the forensic characteristics of sabotage". Analytical and Comparative Jurisprudence, n. 1 (20 marzo 2024): 589–92. http://dx.doi.org/10.24144/2788-6018.2024.01.103.
Testo completoAbstract (sommario):
The article states that forensic characteristics are the main component of the investigation methodology of any criminal offense and those related to the commission of sabotage are no exception. That is why the author includes the following elements of the forensic characteristics of sabotage: 1) the subject of criminal encroachment; 2) methods of committing a criminal offense; 3) instruments of crime; 4) place and time of the crime; 5) typical traces.Having analyzed the current Criminal Code of Ukraine, it was concluded that the subject of sabotage can be: 1) people - during actions aimed at their mass destruction, causing bodily harm or other harm to their health, as well as mass poisoning or the spread of epidemics; 2) objects that are important for the national economy or defense - during sabotage in the form of explosions, arson or other actions aimed at destroying or damaging such objects; 3) objects of radioactive contamination (territory or others) - during actions aimed at such contamination; 4) animals and plants - during actions aimed at the spread of epizootics or epiphytotics.It is claimed that the method of committing a criminal offense indicates how, in what way a person commits a socially dangerous act, what techniques, methods and means he uses for this. The method of committing a crime is primarily characteristic of a criminal act as an active, voluntary, socially dangerous behavior of a person.Of course, the methods of committing criminal offenses are repeated, because the criminal acts in similar conditions, he has social and psychological typical features, uses certain tools and means of crime.In addition, it was established that sabotage tools can be: various types of explosive devices and substances; incendiary mixtures; firearms or cold weapons; radioactive substances, objects or particles; poisonous substances, etc.As for the place of commission of the crime as a key element of the forensic characteristics of sabotage, it can include: 1) places of gathering (staying) of people; 2) objects that have important economic significance; 3) objects of defense significance; 4) the territory of spread of a contagious animal disease; 5) the territory of spread of infectious plant disease.
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Kravchuk, Ostap. "Social danger, culpability and punishability as indicia of oath-breaking". Law Review of Kyiv University of Law, n. 2 (10 agosto 2020): 66–71. http://dx.doi.org/10.36695/2219-5521.2.2020.11.
Testo completoAbstract (sommario):
The institution of oath is studied, the indicia of oath-breaking are characterized. It is emphasized that a violation of the law (anoffense) is not only a subjective guilty behavior, but also an internal psychological attitude, namely the offender’s negative attitudetowards legal requirements and protected interests. Guilt stipulates for the subject’s awareness of the meaning of his actions and theirconsequences, not only as factual circumstances, but also in the sense of their socially dangerous illegal nature. If there is no guilt, theremay not be any legal liability, and in this case, it may be a casus. It is noted that it is extremely difficult to determine the guilt in theoffense of oath-breaking, and in some cases, it is even impossible, because it is often a subjective assessment. This is also due to thenature of the work performed by civil servants. It is emphasized that the indicium of punishability allows making a clear distinctionbetween different types of offenses, as each of them entails responsibility of a different degree in case of its commission. Since the institutionof oath is within the scope of those social relations that are fundamental in the civil service, given the content of the oath, it isobvious that the social danger of oath-breaking is quite significant and harmful to the state and to people. As can be seen, this actinfringes on the foundations and organization of public power, civil service, human and civil rights and freedoms, and can lead to seriousviolations of certain aspects of functioning of the state, society, and any person. It is concluded that there are the characteristics ofdisciplinary case in oath-breaking, namely public harm, which harms the object of the oath. However, it is not possible to state unequi -vocally what degree of gravity or harmfulness is inherent in this case, as there is no division of disciplinary cases in the legislationaccording to the degree of social danger. Although this division can be made on the basis of liability (gravity of punishment) for a particulardisciplinary offense (for example, for some offenses the employee may get an admonition, and for others, he may receive a reprimand,and in case of re-offending he may be dismissed, although there are those offences the commitment of which immediately providesan opportunity to dismiss the offender from office and government agency).
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Lillich, Richard B. "The Soering Case". American Journal of International Law 85, n. 1 (gennaio 1991): 128–49. http://dx.doi.org/10.1017/s0002930000011398.
Testo completoAbstract (sommario):
The unanimous judgment of the European Court of Human Rights in the Soering case, handed down on July 7, 1989, holds that Great Britain’s extradition of the applicant to the United States to stand trial for capital murder, an offense punishable under the applicable Virginia law by “death, or imprisonment for life,” would violate the prohibition against “inhuman or degrading treatment or punishment” in the European Convention on Human Rights. Aside from its effect on the future ability of the United States (and many other countries) to obtain the extradition from Council of Europe countries of persons charged with offenses carrying the death penalty, the judgment in Soering has implications of a far wider nature for international criminal law, the law of state responsibility, the jurisprudence of the European Convention, and international human rights law in general. Some of these implications are obvious and immediate; others are more speculative and long range. Like the proverbial pebble thrown in the pond, Soering will cause ripples for some time to come.
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Croom, Adam M. "Asian slurs and stereotypes in the USA". Pragmatics and Society 9, n. 4 (31 dicembre 2018): 495–517. http://dx.doi.org/10.1075/ps.14027.cro.
Testo completoAbstract (sommario):
Abstract Slurs such as chink and gook are linguistic expressions that are primarily used to derogate certain group members for their descriptive attributes (such as their ethnicity) and are often considered the most offensive of expressions. Recent work on the semantics and pragmatics of slurs has illuminated several important facts regarding their meaning and use – including that slurs are commonly understood to felicitously apply towards some targets yet not others, that slurs are among the most potentially offensive expressions afforded by natural language, and that slurs are often flexibly employed and of potential use, not only derogatorily to convey offense towards out-group members, but also non-derogatorily to convey affiliation with in-group members or to diminish the derogatory force that the slur is typically understood to carry. Nonetheless, prior scholarship has unfortunately restricted itself primarily to considerations of slurs that typically target members of other groups. Since no account of slurs for Asian-Americans has so far been proposed, the aim of this article is therefore to provide the first systematic and empirically informed analysis of slurs for Asian-Americans that accounts for both their derogatory and appropriative (non-derogatory) use.
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Manik, Bisker, Mahmud Mulyadi e Muaz Zul. "Analisis Hukum Terhadap Pertanggungjawaban Pelaku Pidana Penggelapan (Studi Kasus Pada Pengadilan Negeri Lubuk Pakam)". ARBITER: Jurnal Ilmiah Magister Hukum 1, n. 1 (2 maggio 2019): 79–88. http://dx.doi.org/10.31289/arbiter.v1i1.109.
Testo completoAbstract (sommario):
This study aims to look criminologically and juridically about crime in human actions that compromises the basic norms of society. Actions of elements that break the rules that live and develop in society. This type of research is analytical descriptive of juridical normative, the main material in this research is secondary data which is done by collecting material in the form of: Primary Legal Material, namely legal material in the form of laws and regulations, official documents that have authority related to the problem , namely the Criminal Code. Secondary Legal Material, which is all legal material which is an unofficial document publication including books, scientific works. Tertiary Legal Materials, i.e. materials that provide and explain primary and secondary legal materials, such as public dictionaries, legal dictionaries, scientific journals, magazines, newspapers and the internet that are still relevant to this research, research results and discussions to explain the elements the element of embezzlement consists of elements of subjective offense in the form of a deliberate offender to embezzle the assets of others as defined in the article of the law through the words: intentionally and the element of Oyective violation consists of: anyone's element, element of illegally controlling, object elements, elements partially or wholly owned by others and the object elements there are not for crime.
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Crosetta, Monica L., Paul House, Jesse Parmar, Christine McComb, Elizabeth Pritchard e Geoffrey Barnes. "The relationship between traffic and non-traffic offending in Western Australia". Journal of Criminology 54, n. 2 (9 marzo 2021): 179–200. http://dx.doi.org/10.1177/0004865821995860.
Testo completoAbstract (sommario):
Self-selection policing is an approach whereby serious underlying criminality is detected by an offender’s minor crimes (known as trigger offences). Strategic offences are offences that indicate an increased likelihood that the associated offender will engage in later offending. The purpose of this study was to determine if first-time serious traffic offending in Western Australia indicates previous and/or future non-traffic criminality, thereby demonstrating the utility of serious traffic offences as trigger offences and strategic offences. The authors collated the crime data of all first-time serious traffic offenders in Western Australia between December 2004 and December 2014. Using this data, survival analyses were conducted to determine if and when a first-time serious traffic offender committed an initial non-traffic offence within 10 years of their first serious traffic offence. When comparing this data to data from the Australian Bureau of Statistics, the authors found that first-time serious traffic offenders are more likely than the average Western Australian to have a previous or future initial non-traffic offence. Some groups of first-time traffic offenders were more likely to commit non-traffic offences than others including males, individuals under the age of 25, drug drivers and drivers without authority. These results support the use of first-time serious traffic offences as trigger/strategic offences and could be used to identify and divert traffic offenders with versatile criminal histories and traffic offenders at risk of future criminal activity.
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Puhach, A. O., e M. A. Rubashchenko. "Current issues of decriminalization of goods smuggling considering the nature of the criminal offense". Legal horizons, n. 21 (2020): 95–100. http://dx.doi.org/10.21272/legalhorizons.2020.i21.p95.
Testo completoAbstract (sommario):
The article is devoted to the investigation of the subject of crime under Article 201 of the Criminal Code of Ukraine, its amendment and their analysis. In particular, the subject of the crime was considered in the wording of the article, which was in force until January 17, 2012, and the sanction provided for in the article for committing the crime. The principal and direct target of smuggling in the past and current versions were considered and questions were raised as to the appropriateness of locating the crime with items such as cultural property, poisonous, potent, explosive substances, radioactive materials, weapons or ammunition (except for shotguns or ammunition) , parts of firearms, special technical means of silent obtaining information among those generic object who are called to defense relationship that provides business activity. The author has demonstrated why this issue did not arise in the previous version. In addition, a comparison of the decriminalized "goods smuggling" with its current version was considered with the articles of the Customs Code, which now provide for liability for "goods" smuggling, in particular - with the sanction of the article intended for committing an offense. In order to understand why the humanization of the act committed did not take place, despite the fact that the former crime was a customs offense, the nature of the criminal offense, developed in the practice of the European Court of Human Rights, whose decisions are recognized as a source of law in Ukraine, was analyzed. Particularly, attention was drawn to the Court's findings in case of Engel and Others v. The Netherlands, where the criteria for attributing the offense to criminal were elaborated. In addition, the case of Nadtochiy v. Ukraine was analyzed, in which the European Court of Human Rights founds out that the custom legislation of Ukraine contained a criminal offense by its nature It is analyzed sanction provided by the Customs Code through the prism of these criteria, it was concluded that the sanctions did not change. The author explores bill of returning goods in significant, large and particularly large amounts to the object of the Smuggling crime with the previous edition of this article, and the conclusion was drawn.