28 CFR 3.2 - Assistant Attorney General, Criminal Division.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Assistant Attorney General, Criminal... Attorney General, Criminal Division. The Assistant Attorney General, Criminal Division, is authorized to exercise the power and authority of and to perform the functions vested in the Attorney General by the Act...

METHAPHYSICS OF DEATH PENALTY

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V. E. Gromov

2017-06-01

Full Text Available Purpose. The paper studies the problem of death penalty justifiableness in terms of democratic society from the metaphysical viewpoint. Philosophical argumentation to justify death penalty is proposed as opposed to the common idea of inhuman and uncivilized nature of court practice of sentencing to death. The essence of the study is not to rehabilitate law-based murder but to explain dialectic relation of the degrees of moral responsibility of criminals and society nourishing evildoers. The author believes that refusal from death penalty under the pretence of rule of humanism is just a liberal façade, plausible excuse for defective moral state of the society which, rejecting its own guiltiness share as for current disregards of the law, does not grow but downgrades proper human dignity. Methodology. The author applies an approach of dialectic reflection being guided by the perception of unity, relativeness and complementarity of evil and good striving to determine efficient way of resolving their contradictions in the context of moral progress of the society. Originality. Proposing philosophic approach to a death penalty problem instead of legal one, the author is not going to discuss the role of horrification, control or cruelty of the measure of restraint; moreover, he does not consider the issue of its efficiency or inefficiency. The author also does not concern vexation of mind of a criminal sentenced to life imprisonment for “humanitarian” reasons. The purpose of the author is to demonstrate that aim of the punishment is to achieve justice which becomes spiritual challenge and moral recompense not only for the criminal but for the whole society. Conclusions. Crime is first of all a problem of a society; thus, criminal behaviour of certain individuals should only be considered through a prism of moral state of the whole community. Attitude to a death penalty is the problem of spirituality and its dramatic sophistication. The author

49 CFR 107.336 - Limitation on fines and penalties.

Science.gov (United States)

2010-10-01

... MATERIALS PROGRAM PROCEDURES Enforcement Criminal Penalties § 107.336 Limitation on fines and penalties. If a State or political subdivision or Indian tribe assesses any fine or penalty determined by the...

The suspended sentence in German criminal law

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Jovašević Dragan

2017-01-01

Full Text Available From the ancient times until today, criminal law in all countries has provided different criminal sanctions as social control measures. These are court-imposed coercive measures that take away or limit certain rights and freedoms of criminal offenders. Sanctions are applied to natural or legal persons who violate the norms of the legal order and cause damage or endanger other legal goods that enjoy legal protection. In order to effectively protect social values jeopardized by the commission of crime, state legislations prescribe several kinds of criminal sanctions: 1 penalties, 2 precautions, 3 safety measures, 4 penalties for juvenile offenders, and 5 sanctions for legal persons. Penalties are the basic, the oldest and the most important type of criminal sanctions. They are prescribed for the largest number of criminal offences. Imposed instead of or alongside with penalties, warning measures have particularly important role in jurisprudence. Since they were introduced in the system of criminal sanctions in the early 20th century, there has been a notable increase in the application of these measures, particularly in cases involving negligent and accidental offences, and minor offences that do not cause serious consequences, whose perpetrators are not persons with criminal characteristics. Warning measures (suspended sentence are envisaged in all contemporary criminal legislations, including the German legislation. Suspended sentence is a conditional stay of execution of the sentence of imprisonment for a specified time, provided that the convicted person fulfills the imposed obligations and does not commit another criminal offense. Two conditions must be fulfilled for the application of these sanctions: a the formal requirement, which is attached to the sentence of imprisonment; and b the substantive requirement, which implies the court assessment that the application of these sanctions is justified and necessary in a particular case. Many

50 CFR 680.9 - Penalties.

Science.gov (United States)

2010-10-01

... the civil and criminal penalty provisions, permit sanctions, and civil forfeiture provisions of the... applicable law. Penalties include but are not limited to permanent or temporary sanctions to PQS, QS, IPQ... in a proceeding to enforce or review the findings or orders of any Government agency having...

Criminal Law in Nigeria in the Last 53 Years: Trends and Prospects for the Future

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Akeem Olajide Bello

2013-03-01

Full Text Available Objectives: The article is an overview of developments in substantive criminal law in Nigeria in the last 53 years. It examines the sharing of constitutional legislative powers to enact criminal laws between the federal (national government and the state (local governments. The examination of federal laws revealed proactive legislative activity responding to emerging local and international criminal law issues. The main development at the state level is the introduction by States in Northern Nigeria of Sharia Penal Codes and the enactment of the Criminal Law of Lagos State 2011. A common trend is the entrenchment of death penalty as punishment for some crimes. Implications: While federal criminal laws have responded to emerging realties, state criminal laws have generally failed to respond to emerging issues at the state level. Consequently, in most of the southern states criminal laws introduced in 1916 have continued to apply. Value: The paper demonstrates the need for southern States to reform their criminal laws to respond to emerging realties, the federal government to respond to some outstanding criminal law issues and calls for a suspension of death penalty and a revaluation of its continued relevance.

The Death Penalty: Pancasila, with Efforts to Eradicated Drugs

OpenAIRE

R., Anggun Ariena; Ky, Ade Oktariatas

2015-01-01

The rise of drugs criminal in Indonesia at this time, making Indonesia would be drugs emergency. Drugs is an extraordinary crime and need special attention in the eradication effort. Therefore it takes great strength to use legal action heaviest where Indonesia has a death penalty sentence. The purpose of the death penalty is to give hard effect for drugs criminal and as warning for the others. The reality of the death penalty in Indonesia shows the operation of the judicial system is not go...

31 CFR 1.28 - Training, rules of conduct, penalties for non-compliance.

Science.gov (United States)

2010-07-01

.... Such training shall provide suitable emphasis on the civil and criminal penalties imposed on the... the criminal penalties and civil liabilities provided therein, and the regulations in this subpart... collect, maintain, use nor disseminate information concerning an individual's religious or political...

28 CFR 20.25 - Penalties.

Science.gov (United States)

2010-07-01

... Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE INFORMATION SYSTEMS State and Local Criminal History Record Information Systems § 20.25 Penalties. Any agency or individual violating subpart B of these regulations shall..., OJARS may initiate fund cut-off procedures against recipients of OJARS assistance. [41 FR 11715, Mar. 19...

General Principles of Transnationalised Criminal Justice?
Exploratory Reflections

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Marianne L. Wade

2013-09-01

Full Text Available This article sets out to explore the premise of general principles in what is labelled transnationalised criminal justice (encompassing the substantive and procedural law as well as the institutions of transnational criminal law and European criminal law. Whilst there can be no denying that these are diverse and divergent areas of law in many ways, their fundamental common denominator of seeking to convict individuals whilst subjecting these to arrest, detention and deprivation of other rights across borders, is taken as a baseline around which certain general principles may gravitate. The current state of executive over-reach within transnationalised criminal justice structures is studied, particularly in relation to the European criminal justice context. This over-reach is explored utilising the theoretical framework of social contract theory. It is suggested that the transfer of investigative and prosecutorial powers to transnationalised contexts undertaken by the relevant executives without seeking to temper this assignment with mechanisms to secure the rights of individuals which counter-balance these, as required by the constitutional traditions of their country, can be regarded as in breach of the social contract. Using this thought experiment, this article provides a framework with which to identify the deficits of transnationalised criminal law.  The way in which such deficits undermine the legitimacy of the institutions created by states to operate the mechanisms of transnationalised criminal justice as well as the fundamental values of their own constitutions is, however, demonstrated as concrete. The latter are identified as mechanisms for deducing the general principles of transnationalised criminal justice (albeit via difficult international negotiation. If the supranationalisation of criminal justice powers is not to be regarded as a tool undermining constitutional values and effectively allowing executives acting in an

Tax penalties : minor criminal charges?

NARCIS (Netherlands)

Baron, J.; Poelmann, Eric

2017-01-01

In European Court of Human Rights (ECtHR) 15 November 2016, No. 24130/11 and 29758/11, (A. and B. v. Norway) the Jussila-doctrine was repeated once again. The ECtHR seems to have taken the next step in the discussion whether the criminal-head guarantees of Article 6 ECHR and other fundamental rights

Criminal groups and criminal subculture

OpenAIRE

Romanova N.M.

2013-01-01

The paper provides a classification of criminal groups, structured by the following parameters: a) operation mode (secret/open), b) law-enforcement and administrative support (presence/absence). We describe four types of criminal groups: a) legitimized criminal organization, b) secret criminal organization engaged in illegal business, c) secret general crime group, and d) general crime group operating openly. The four types differ in the content of criminal subculture. Modern criminal subcult...

The development of the penal system in Serbian criminal law

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Jakšić Dušan

2013-01-01

Full Text Available The continuous development of the penal system in Serbia is reflected in significant changes within the criminal legislative solutions. The most important legal document of the medieval Serbia, 'Dušan's Code' was characterized by harsh corporal and death punishments taken from the Byzantine law. During the Ottoman period 'Dušan's Code' was no longer in use, and with the beginning of the First Serbian Uprising, the adoption of individual legislations began. The Criminal Code of the Principality of Serbia, adopted in 1860, introduced a novelty of major and minor penalties, including, most importantly, several types of detention. The Criminal Code of the Kingdom of Yugoslavia was adopted in 1929 and it predicted different types of sanctions other than fines. The main feature of the Criminal Code of the Kingdom of Yugoslavia was permanent abolition of the corporal punishment. After the Second World War, the newly formed government adopted new criminal codes and new forms of punishment, which remained unchanged from the Novel in 1959 up until the dissolution of the SFRY. Contemporary criminal legislation of the Republic of Serbia is characterized by the abolition of the death penalty, seizure of property and the introduction of new penalties, which should, instead of short prison sentences, serve as an alternative. Throughout its statehood, from the Middle Ages up until today, Serbia has always had a continuity of the penal system development parallel with its development, primarily in Europe.

Forensic DNA evidence and the death penalty in the Philippines.

Science.gov (United States)

De Ungria, M C A; Sagum, M S; Calacal, G C; Delfin, F C; Tabbada, K A; Dalet, M R M; Te, T O; Diokno, J I; Diokno, M S I; Asplen, C A

2008-09-01

The death penalty remains a contentious issue even though it has been abolished in countries such as Australia, New Zealand, Canada, European Union member nations and some Asian countries such as Cambodia, East Timor and Nepal. Many argue that the irrevocability of the death penalty, in the face of potential erroneous convictions, can never justify its imposition. The Philippines, the first Asian country that abolished the death penalty in 1987, held the record for the most number of mandatory death offenses (30 offenses) and death eligible offenses (22 offenses) after it was re-imposed in 1994. Majority of death penalty convictions were decided based on testimonial evidence. While such cases undergo automatic review by the Supreme Court, the appellate process in the Philippines is not structured to accept post-conviction evidence, including DNA evidence. Because of the compelling nature of post-conviction DNA evidence in overturning death penalty convictions in the United States, different groups advocated its use in the Philippines. In one such case, People v Reynaldo de Villa, the defendant was charged with raping his 13-year-old niece that supposedly led to birth of a female child, a situation commonly known as 'criminal paternity'. This paper reports the results of the first post-conviction DNA test using 16 Short Tandem Repeat (STR) DNA markers in a criminal paternity case (People v Reynaldo de Villa) and discusses the implications of these results in the Philippine criminal justice system.

Public Opinion and the Death Penalty: A Qualitative Approach

Science.gov (United States)

Falco, Diana L.; Freiburger, Tina L.

2011-01-01

Strong public support for capital punishment is arguably the number one reason why the death penalty continues to be used as a form of correctional policy in the U.S. criminal justice system. Therefore, it is fundamental that the measure of death penalty opinion be heavily scrutinized. Utilizing a methodological approach not typically employed in…

Predictors of Death Penalty Views in China: An Empirical Comparison Between College Students and Citizens.

Science.gov (United States)

Jiang, Shanhe; Hu, Ming; Lambert, Eric G

2018-04-01

China's current Criminal Law has 46 death-eligible offenses, and China executes more people than any other country in the world. However, there is a lack of study of attitudes toward capital punishment for specific offenses, and no death penalty view comparison between college students and regular citizens in China was found. This study was taken to address these limitations. Using a sample of 401 respondents from Zhejiang, China, in 2016, the present study found that more than 72% of respondents favored the death penalty without any specification of crime types. Level of death penalty support differed by various specific crimes. As expected, relative to college students, general population citizens were more likely to support capital punishment. Both groups had the highest death penalty support for murder. The study also revealed similar and different reasons behind death penalty attitudes between college students and regular citizens.

The penalty: function and requirements

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Iván Meini

2013-12-01

Full Text Available Legitimacy of criminal sanction is originated on its own purposes pursued in a state governed by the Rule of Law. That legitimacy should include the penalty as well as security measures, bearing in mind that both are imposed to someone breaking a rule of conduct, and therefore, someone capable to do it. Reviewing penal capacity or criminal liability concepts is required because if penal capacity means the capacity to understand the reality and adjust the behavior to it, and if every legitimate criminal sanction have to be imposed to someone who have the capacity of break it, then security measures also have to be imposed only to people responsible, capable to understand rules and act in accordance. With regard to people not subject to criminal liability they are standing outside Criminal Law and punish them would be illegitimate. In this line, criminal liability should be seen not only as a crime assumption but also as a basic statement for any dialogue the state shall have with the citizens: at the level of crime itself, proceedings and sentence execution .

nalysis of the criminalization of cybercrime in Spanish-speaking countries

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Rojas Parra, Jaime Hernán

2016-12-01

Full Text Available This article proposes an analysis of the criminalization and prosecution of criminal conduct related to cybercrime in each of the 20 spanish-speaking countries worldwide, as well as the description of the normalization of its laws regarding instruments and international agreements related to the regulation of the use of information technology. This analysis is done from the following three perspectives: study of existing criminal law and force, identification of established computer crime, selection of computer crime with greater penalties and participation of each of the countries investigated in the agreement cybercrime Budapest (as a world reference in this field. It also, offered the tables and graphs comparisons between the countries being studied, whereby countries with major and minor amount of established computer crime and the range of maximum and minimum in each of the same penalty are identified countries.

Tax evasion between fiscal and penalty

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Andreea Mihaela Corîci

2017-12-01

Full Text Available Although in present times a big importance is given to combating and preventing tax evasion, as well as to all tax frauds, there are, however, people who are tax evaders from the point of view of the criminal body, who manage to ease of payment of tax liabilities to the state. By imposing more drastic or lighter penalties, it is attempted to determine the taxpayer in order not to escape the payment of taxes and to commit the crime.If for the financial controlling authority a fiscal crime has a direct impact on the budget of a certain area, the fiscal action is a criminal one for the criminal authority.

Tax penalty payment and the “non bis in idem” principle

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Marie Karfíková

2017-01-01

Full Text Available The subject. This paper deals with problems related to tax law with a special focus on legalregulation of the tax procedure contained in the Czech Tax Procedure Code. Attention ispaid in particular to tax penalty payments and the “non bis in idem” principle.The purpose to identify ratio between penalty payments in tax procedure and in criminalprocedure in context of “non bis in idem” principle.The methodological basis of the article is analysis of legislation and court practice of Czechrepublic, Austria, European Union, including formal legal analysis, comparative analysis,synthesis, systematic approach.The results and scope of application. The existing case law of the Czech criminal courts andof the Supreme Court was based on the legal opinion that a penalty payment imposed bythe tax administration in a tax procedure constitutes no punishment, i.e. it is no sanction ofcriminal nature, so that even the final (enforceable decision of the tax administration doesnot create a “ne bis in idem”1 barrier in relation to criminal sanctions for the same taxesrelatednon-compliant action (tax evasion in respect of the penalty payment imposed bythe tax administration.Conclusions. It would probably be advisable for the legislation to amend the relevant provisionsof the Tax Procedure Code in a way that the tax authorities concentrate within thelimits of their powers on proper tax collection and that the law enforcement authorities areauthorized to punishments for deliberate tax evasion. A suggested amendment may thereforebe the removal of the penalty payments from the Tax Procedure Code as the defaultinterest itself is sufficient instrument enough to penalize the taxpayers. Another option is to keep the tax penalty payment in the Tax Procedure Code, but its imposition would only be considered after making sure that the result of any criminal proceedings does not constitute a “ne bis in idem” prohibition within the meaning of Art. 40 (5 of the

Less Guilty by Reason of Adolescence: Developmental Immaturity, Diminished Responsibility, and the Juvenile Death Penalty

Science.gov (United States)

Steinberg, Laurence; Scott, Elizabeth S.

2003-01-01

The authors use a developmental perspective to examine questions about the criminal culpability of juveniles and the juvenile death penalty. Under principles of criminal law, culpability is mitigated when the actor's decision-making capacity is diminished, when the criminal act was coerced, or when the act was out of character. The authors argue…

12 CFR 1411.1 - Inflation adjustment of civil money penalties for failure to file a certified statement, pay any...

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Inflation adjustment of civil money penalties... Collection of Civil Money Penalties § 1411.1 Inflation adjustment of civil money penalties for failure to... convicted of criminal offenses. In accordance with the Federal Civil Money Penalties Inflation Adjustment...

CRIMINALITY AT MINORS WITH MENTAL DEFICIENCY

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Zoran Kitkanj

2009-06-01

Full Text Available The aim of this paper is to present, from penological aspect, the involvement and structure of recidivism at minors with mental deficiency within the whole area of juvenile criminality in Macedonia. The research covers 62 subjects who pay the penalty in juvenile penitentiary or institutional measure directing to correctional institution for minors. Of the total number of minors who hold one of the above-mentioned sanctions, minors with lower average IQ are presented with 56.4%. The shown involvement is in penological terms (refers to minors who hold institutional measure correctional institution for minors or penalty - juvenile penitentiary which does not mean that this category of juvenile delinquents participate in such percent in the total number of reported, accused and convicted minors. According to the research results it can be concluded that falling behind in intellectual development is an indicator for delinquent behavior but in no case it can be crucial or the most important factor for criminality. Of the total number of juvenile delinquents with intellectual deficit, 80% are repeat offenders in criminal legal sense. It is of great concern that 56% of the under average juvenile delinquents defied the law for the first time before the age of 14 years that is as children.

The criminal act of commercial surrogacy in Australia: a call for review.

Science.gov (United States)

Stuhmcke, Anita

2011-03-01

Australian surrogacy legislation punishes the pursuit of a commercial surrogacy arrangement as a criminal offence. Such legislation was first introduced in Victoria in 1986 and has since been applied in every Australian jurisdiction except for the Northern Territory. The current application of criminal law is based upon this 1980s policy which has never been subject to public debate. This article argues that the continued application of criminal penalties to commercial surrogacy requires review.

Unlocking the Poverty Penalty and Upscaling the Respect for Rights ...

International Development Research Centre (IDRC) Digital Library (Canada)

Kenya's population is becoming increasingly urban. ... web of power and governance, where landlords and criminal organizations thrive, often ... financial and planning models that provide a first approach on how to unlock the poverty penalty.

Replacing penalties

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Vitaly Stepashin

2017-01-01

Full Text Available УДК 343.24The subject. The article deals with the problem of the use of "substitute" penalties.The purpose of the article is to identify criminal and legal criteria for: selecting the replacement punishment; proportionality replacement leave punishment to others (the formalization of replacement; actually increasing the punishment (worsening of legal situation of the convicted.Methodology.The author uses the method of analysis and synthesis, formal legal method.Results. Replacing the punishment more severe as a result of malicious evasion from serving accused designated penalty requires the optimization of the following areas: 1 the selection of a substitute punishment; 2 replacement of proportionality is serving a sentence other (formalization of replacement; 3 ensuring the actual toughening penalties (deterioration of the legal status of the convict. It is important that the first two requirements pro-vide savings of repression in the implementation of the replacement of one form of punishment to others.Replacement of punishment on their own do not have any specifics. However, it is necessary to compare them with the contents of the punishment, which the convict from serving maliciously evaded. First, substitute the punishment should assume a more significant range of restrictions and deprivation of certain rights of the convict. Second, the perfor-mance characteristics of order substitute the punishment should assume guarantee imple-mentation of the new measures.With regard to replacing all forms of punishment are set significant limitations in the application that, in some cases, eliminates the possibility of replacement of the sentence, from serving where there has been willful evasion, a stricter measure of state coercion. It is important in the context of the topic and the possibility of a sentence of imprisonment as a substitute punishment in cases where the original purpose of the strict measures excluded. It is noteworthy that the

76 FR 76037 - Office of the Attorney General; Assumption of Concurrent Federal Criminal Jurisdiction in Certain...

Science.gov (United States)

2011-12-06

... Office of the Attorney General; Assumption of Concurrent Federal Criminal Jurisdiction in Certain Areas of Indian Country AGENCY: Office of the Attorney General, Department of Justice. ACTION: Final rule... concurrent criminal jurisdiction within the tribe's Indian country, and for the Attorney General to decide...

General organisation of radiation protection in Senegal

International Nuclear Information System (INIS)

Casanova, P.; Ndiaye, M.; Sow, M.L.; Ndao, A.S.

2015-01-01

Organization of radiation protection in Senegal is governed by three main texts that define the general principles and implement legal means for their actions. Efficient control of nuclear activities to ensure protection of workers, the environment and patients against ionizing radiation is subject to criminal penalties in case of breach of this legislation. (authors)

Law Enforcement of Consumer Protection for Safe Food Packaging in The Decisions of Criminal Justice

Science.gov (United States)

Wiryani, F.; Herwastoeti; Najih, M.; Haris, A.

2017-04-01

The right to a safe food is a human rights protected by the 1945 Constitution and legislation, including the Health Act, the Consumer Protection Act and Food Act. The law governing the rights and obligations of consumers; rights, obligations and responsibilities of businesses, as well as prohibitions and sanctions for businesses that violate. Food consumers aggrieved can file a non-litigation legal action and / or litigation. Non-litigation legal efforts made through negotiation or mediation or through Consumer Dispute Resolution Body (BPSK). The litigation efforts made by filing a lawsuit for damages to the court and / or reporting the case to the criminal law enforcement. This study specifically examines the enforcement of criminal law in the judgment as a safeguard against food consumers. Sanctions provisions setting a strategic role in an effort to make the protection of consumers of food. Patterns general formulation of the maximum penalty in the third Act is not appropriate because it too gives flexibility for the judge to make a decision as low to the Defendant. Facts on society, business agent has a dominant and strong position compared with consumers of food. These favorable conditions business agent position and vice versa less give legal protection to the Consumer Food. Preferably the pattern formulation penalty of criminal acts in the field of food using a specific minimum and maximum public.

Implementation of the Death Penalty in the Perspective of Human Rights in Indonesia

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La Sina

2016-12-01

Full Text Available The 1945 Constitution of Indonesia provides for rights to life and to remain free from torture that are fundamental human rights that shall not be curtailed under any circumstance. Since 1945, Indonesia does not regulate the protection of the right of life to the citizens. Until 1946, enacted Law No. 1 of 1946 concerning the Indonesian Criminal Code which in several provisions concerning the death penalty. Death sentences and executions in Indonesia is always debatable. However, it is still implemented and can not be avoided, unless the change of its legal provisions. This study was a normative research or doctrinal research. The results of the study shows that the provisions of death penalty in Indonesia is still enforced because have been regulated in the Criminal Code and several organic laws such as the law of terrorism, narcotics, corruption, and human rights justice. The death penalty is contrary to Article 28I of the 1945 Constitution. It has set the rights to life, so that no one may violate human rights, including the government and the country is not granted the right to revoke rights for every citizen. The Indonesian government should not impose the death penalty contained in the draft new Code, and abolish the death penalty in its organic law that had been imposed on the offenders. Preferably, the death penalty may be replaced by alternative punishment with life imprisonment, a prison within a specified time or according to the judge’s decision.

critical analysis of abolition of death penalty in international law

African Journals Online (AJOL)

Mofasony

regions” in the world, as most African states still retain the death penalty despite the growing international ..... been likely to endanger our safety. If application of ..... narrower class of crimes, and has excluded an increasingly broader group of .... manufacturing criminals and then killing them is an insult to our intelligence and.

Mutual Recognition of Financial Penalties between the EU Member States. Critical Observations

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Minodora Ioana Rusu

2010-07-01

Full Text Available According to the special Romanian law, one of the forms of judicial assistance in criminal matters recognized in the relations between the EU member states is, among others, the one referringto the cooperation in applying the principle of mutual recognition of financial penalties. The European normative act that establishes the general cooperation norms in this matter is the Council’sDecision Frame 2005/214/JAI on February 24, 2005 on the application of the principle of mutual recognition of financial penalties. This European normative act has been transposed in the internallegislation through Law no.302/2004, according to the international judicial cooperation in criminal matters, with the subsequent amendments and completions, the latter being represented by Lawno.222/2008. The amendments and completions instituted by the abovementioned normative act establish the procedure of transmitting the decision, the procedures for recognition and execution ofsuch a decision by the competent Romanian judicial authorities, the grounds of non recognition and non execution, the definition of used terms, as well as other aspects referring to the recognition andexecution of such decisions. Commenting refers to a number of provisions in the law under both European and domestic in the special law, comments aimed in particular the replacement of terms ofrecognition or non-performance reasons, the procedure of identification of persons convicted when they are evade the enforcement of financial obligations and failure to transpose into national law of subsequent changes to European law.

THE SAFETY MEASURE OF PROHIBITING TO EXERCISE A PROFESSION, IMPOSED BY THE COURT IN CASE OF MAL PRAXIS, MAY ENVISAGE THE PROFESSION OF DOCTOR IN THE WIDER SENSE (AS A WHOLE OR ONLY THE SPECIALTY THAT OCCASIONED THE COMMITTING OF THE OFFENCE PROVIDED IN THE CRIMINAL LAW

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Traian DIMA

2018-05-01

Full Text Available The present paper examines the possibility for the courts of law to order, in case of medical malpractice, the safety measure of prohibiting to exercise the profession of doctor in the wider sense, or only the specialty that occasioned the committing of the offence provided in the criminal law, analyzing the judicial practice regarding this issue. In accordance with Article 450 paragraph (2 of Law no. 95/2006, “disciplinary liability of doctors does not exclude criminal, tort or civil liability”. Between the regulation contained in Article 450 paragraph (2 of Law no. 95/2006 and the safety measure of prohibiting to exercise the profession of doctor, as criminal penalty, there is a close connection, within the meaning that the special law, in particular Law no. 95/2006 derogates from the general criminal law, in particular Article 111 of the Criminal Code in connection with the prohibition of exercising the medical profession. The disciplinary penalties that may be imposed against doctors for mal praxis are listed in Article 455 of Law no. 95/2006. Article 455 letter (e sets out, as disciplinary penalty which may be imposed against doctors “the prohibition to exercise the profession or certain medical activities” for a period ranging between one month and one year. Comparing the provisions of Article 455 letter (e of Law no. 95/2006 with the provisions of Article 111 of the Criminal Code, it may be noticed that the scope of disciplinary accountability of the doctor having committed the civil mal praxis is more comprehensive than the scope of the safety measure imposed by the criminal court.

The suspended sentence in French Criminal Law

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Jovašević Dragan

2016-01-01

Full Text Available From the ancient times until today, criminal law has provided different criminal sanctions as measures of social control. These coercive measures are imposed on the criminal offender by the competent court and aimed at limitting the offender's rights and freedoms or depriving the offender of certain rights and freedoms. These sanctions are applied to the natural or legal persons who violate the norms of the legal order and injure or endanger other legal goods that enjoy legal protection. In order to effectively protect social values, criminal legislations in all countries predict a number of criminal sanctions. These are: 1 imprisonment, 2 precautions, 3 safety measures, 4 penalties for juveniles, and 5 sanctions for legal persons. Apart and instead of punishment, warning measures have a significant role in the jurisprudence. Since they emerged in the early 20th century in the system of criminal sanctions, there has been an increase in their application to criminal offenders, especially when it comes to first-time offenders who committed a negligent or accidental criminal act. Warnings are applied in case of crimes that do not have serious consequences, and whose perpetrators are not hardened and incorrigible criminals. All contemporary criminal legislations (including the French legilation provide a warning measure of suspended sentence. Suspended sentence is a conditional stay of execution of sentence of imprisonment for a specified time, provided that the convicted person does not commit another criminal offense and fulfills other obligations. This sanction applies if the following two conditions are fulfilled: a forma! -which is attached to the sentence of imprisonment; and b material -which is the court assessment that the application of this sanction is justified and necessary in a particular case. In many modern criminal legislations, there are two different types of suspended (conditional sentence: 1 ordinary (classical suspended

The Death Penalty in the United States of America

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Catalina Miron Popa

2010-06-01

Full Text Available The death penalty dramatically signifies that society does not excuse or condone the taking of innocent lives. It symbolizes the value of the innocent victim. Incapacity can be imposed by long terms ofimprisonment, particularly for habitual offenders; the policy of "keeping criminals off the streets" does indeed protect the public for a period of time, although it is done at a considerable cost. The object of deterrence is to make the certainty and severity of punishment so great as to inhibit potential criminals from committingcrimes. The best available estimates of the certainty of punishment for serious crime suggest that very few crimes actually result in jail sentences for the perpetrators.

49 CFR 220.7 - Penalty.

Science.gov (United States)

2010-10-01

..., or has caused death or injury, a penalty not to exceed $100,000 per violation may be assessed; and... 49 Transportation 4 2010-10-01 2010-10-01 false Penalty. 220.7 Section 220.7 Transportation Other... TRANSPORTATION RAILROAD COMMUNICATIONS General § 220.7 Penalty. Any person (including but not limited to a...

Neuroscientific and behavioral genetic information in criminal cases in the Netherlands.

Science.gov (United States)

de Kogel, C H; Westgeest, E J M C

2015-11-01

In this contribution an empirical approach is used to gain more insight into the relationship between neuroscience and criminal law. The focus is on case law in the Netherlands. Neuroscientific information and techniques have found their way into the courts of the Netherlands. Furthermore, following an Italian case in which a mentally ill offender received a penalty reduction in part because of a 'genetic vulnerability for impulsive aggression', the expectation was expressed that such 'genetic defenses' would appear in the Netherlands too. To assess how neuroscientific and behavioral genetic information are used in criminal justice practice in the Netherlands, we systematically collect Dutch criminal cases in which neuroscientific or behavioral genetic information is introduced. Data and case law examples are presented and discussed. Although cases are diverse, several themes appear, such as prefrontal brain damage in relation to criminal responsibility and recidivism risk, and divergent views of the implications of neurobiological knowledge about addiction for judging criminal responsibility. Whereas in the international 'neurolaw literature' the emphasis is often on imaging techniques, the Dutch findings also illustrate the role of neuropsychological methods in criminal cases. Finally, there appears to be a clear need of practice oriented instruments and guidelines.

49 CFR 232.11 - Penalties.

Science.gov (United States)

2010-10-01

... hazard of death or injury to persons, or has caused death or injury, a penalty not to exceed $100,000 per... 49 Transportation 4 2010-10-01 2010-10-01 false Penalties. 232.11 Section 232.11 Transportation...-TRAIN DEVICES General § 232.11 Penalties. (a) Any person (including but not limited to a railroad; any...

Roman Criminal Law. Contributions to Current Problems in Connection with “Crimes against Public Administration”

Directory of Open Access Journals (Sweden)

Fabio Espitia Garzón

2016-12-01

Full Text Available The secular and detailed study of Roman Private Law institutions has, for centuries, diverted the attention to institutions pertaining to the Public Law sphere. Such studies were a consequence of the triumph of bourgeois ideas from the Enlightenment, which were structured on a set of principles (separation of powers, the principle of legality both considered absolute truths, even though today they seem more like myths. This understanding shifted during the second half of the twentieth century, when scholars of Roman Law began to more comprehensively analyze Rome’s constitutional institutions as well as its criminal repression. This paper begins with a review of some of the most important works and articles produced since the fifties until present day about the so called ‘general ’and ´special’ Criminal Law, and the Law of Criminal Procedure, it then focuses on how useful those texts are in order to solve actual problems, taking as an example the subject of crimes against public administration, given the actual need to pursue the assets obtained from such activities, despite the perpetrator’s death, which means going beyond the principle of the individual nature of penalties.

Child maltreatment and adult criminal behavior: does criminal thinking explain the association?

Science.gov (United States)

Cuadra, Lorraine E; Jaffe, Anna E; Thomas, Renu; DiLillo, David

2014-08-01

Criminal thinking styles were examined as mediational links between different forms of child maltreatment (i.e., sexual abuse, physical abuse, and physical neglect) and adult criminal behaviors in 338 recently adjudicated men. Analyses revealed positive associations between child sexual abuse and sexual offenses as an adult, and between child physical abuse/neglect and endorsing proactive and reactive criminal thinking styles. Mediation analyses showed that associations between overall maltreatment history and adult criminal behaviors were accounted for by general criminal thinking styles and both proactive and reactive criminal thinking. These findings suggest a potential psychological pathway to criminal behavior associated with child maltreatment. Limitations of the study as well as research and clinical implications of the results are discussed. Copyright © 2014 Elsevier Ltd. All rights reserved.

«…For our happy childhood»: juvenile criminal liability in soviet legislation of 1920–1940

Directory of Open Access Journals (Sweden)

Еvgeny F. Krinko

2010-12-01

Full Text Available The article is concerned with the dynamics of juvenile criminal liability in Soviet legislation of 1920–1940 and states tightening penalties for young and juvenile offenders under rise in child crime.

Personality correlates of criminals: A comparative study between normal controls and criminals

Science.gov (United States)

Sinha, Sudhinta

2016-01-01

Background: Personality is a major factor in many kinds of behavior, one of which is criminal behavior. To determine what makes a criminal “a criminal,” we must understand his/her personality. This study tries to identify different personality traits which link criminals to their personality. Materials and Methods: In the present study, 37 male criminals of district jail of Dhanbad (Jharkhand) and 36 normal controls were included on a purposive sampling basis. Each criminal was given a personal datasheet and Cattel's 16 personality factors (PFs) scale for assessing their sociodemographic variables and different personality traits. Objective: The objective of this study was to examine the relation between personality traits and criminal behavior, and to determine whether such factors are predictive of future recidivism. Results: Results indicated high scores on intelligence, impulsiveness, suspicion, self-sufficient, spontaneity, self-concept control factors, and very low scores on emotionally less stable on Cattel's 16 PFs scale in criminals as compared with normal. Conclusion: Criminals differ from general population or non criminals in terms of personality traits. PMID:28163407

Nullum Crimen sine Lege in the International Criminal Court

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Venus GHAREH BAGHI

2010-10-01

Full Text Available The Principles of legality in crimes and punishments refer to the fact that an act is not considered a crime and deserves no punishment, until the legislator determines and announces thecriminal title and its penalty. In Iranian legal system, before the Islamic Revolution and also after it, the Constitution and ordinary laws have explicitly emphasized the observance of the mentionedprinciple. When there is no text or in the case of the silence or lack of law, the criminal judge is bound to issue the verdict of innocence. According to the Rome statute the court shall exercisejurisdiction over the crime of aggressions once a provision is adopted. And, according to the article 121 and 123 defending the crime and setting out, the condition under which the Court shall exercise jurisdiction with respect to crimes such as provision shall be consisted of the head of the general principle the relevant provision of the charter of the United Nations. The principle of legality is set out in article 22 to 24 of the ICC statute. These norms are derived from the customary law and the national law. Article 15, International Covenant on Civil and Political rights, states that no one shall be found guilty of any criminal offence based on an act or omission which did not constitute a criminal offence under national or international laws at the time when it was committed. Yet, in the context of prosecuting mass atrocities, genocide, crimes against humanity, and war crimes, international criminal law appears to be resigned to such a principle, if not openly including it. fact, that it may be considered the poor cousin of nullum crimen sine lege (no crime without law which has attracted far greater consideration in scholarship and jurisprudence.

The threat in Iran and United States of America criminal law

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Mohammad Ali Mahdavi Sabet

2017-06-01

Full Text Available Iran criminal law and United States of America have considered the threat as a crime and have imposed the penalty for it. The threat importance is considered in where that from one side the persons and civilians in accordance with domestic laws and international documents are involved very important right entitled of "Freedom of speech" and the mentioned rights violation is associated with domestic and foreign criminal sanctions and on the other hand, the expression of some words or commit a certain attitude with them and in accordance with the same laws are prohibited and to be considered as the criminal threat. However, the laws of both countries have adopted different approaches regarding the circumstances realization of the mentioned crime and some of its examples, although in some criminal threat characteristics such as lack of necessity to apply the means are unlawful and have similarity in its intentionality. In order to detailed understanding of the similarities and differences of criminal threats in Iran and America laws, which leads to the identification of existing disadvantages and advantages and providing the strategies regarding the deficiencies of the current laws and trends, so we are investigating the structure and threat features in criminal law of both countries.

Religious characteristics and the death penalty.

Science.gov (United States)

Miller, Monica K; Hayward, R David

2008-04-01

Using one mock trial scenario, this study investigated whether religious and demographic factors were related to death penalty attitudes and sentencing verdicts. Those who favored the death penalty differed from those who had doubts about the penalty in gender, affiliation, fundamentalism, evangelism, literal Biblical interpretism, beliefs about God's attitudes toward murders, and perceptions of how their religious groups felt about the death penalty. These relationships generally held after mock jurors were death qualified. Gender, fundamentalism, literal interpretism, beliefs about God's death penalty position, and perceptions of how one's religious group felt about the death penalty predicted death penalty sentencing verdicts. Future research could determine whether using peremptory challenges to exclude potential jurors based on religion can help lawyers choose a more favorable jury.

49 CFR 221.7 - Civil penalty.

Science.gov (United States)

2010-10-01

... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 221.7 Section 221.7 Transportation... TRANSPORTATION REAR END MARKING DEVICE-PASSENGER, COMMUTER AND FREIGHT TRAINS General § 221.7 Civil penalty. Any... requirement is subject to a civil penalty of at least $650 and not more than $25,000 per violation, except...

31 CFR 103.57 - Civil penalty.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Civil penalty. 103.57 Section 103.57... REPORTING OF CURRENCY AND FOREIGN TRANSACTIONS General Provisions § 103.57 Civil penalty. (a) For any... willfully participates in the violation, a civil penalty not to exceed $1,000. (b) For any willful violation...

49 CFR 218.9 - Civil penalty.

Science.gov (United States)

2010-10-01

... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 218.9 Section 218.9 Transportation... TRANSPORTATION RAILROAD OPERATING PRACTICES General § 218.9 Civil penalty. Any person (an entity of any type... requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at...

Re-Individualizing the Criminal Sanctions of Deprivation of Liberty in the European Union

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Ion Rusu

2011-05-01

Full Text Available The recognition and subsequently the execution of criminal penalties of deprivation of liberty byanother Member State, other than the one of the conviction, is an act of mutual trust between Member Statesof the European Union. However, the differences between criminal legal norms, particularly regarding theminimum and maximum limits of some punishment prescribed for the same offense, require a differentapproach in the sense that a member can not recognize and then enforce a sentence of deprivation of libertywith the maximum limits greater than its own legislation, for the same offense. This very sensitive issue wasresolved by adopting the Framework Decision 2008/909/JHA of the Council from 27 November 2008, wherethe European legislative act allows the executing Member State the re-individualization of the deprivation ofliberty sentence, the goal being that the penalty imposed is compatible with the internal law of theenforcement state. In the implementation of European legislative act depositions, any member State whichhas recognized such a court order, based on a legal decision ordered by a competent judicial body may stillre-individualize the penalty regarding its maximum limit. The examination of the European legislative acthighlights also some flaws that must be corrected, taking into account the possibility for the executingMember States to fully modify the applied punishment, as regards both its nature and its proportion applied inthe sentencing State.

Bioethics against disappearance of a man a prism of general and criminal-law theory

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Trajković Marko

2015-01-01

Full Text Available Bioethics, as a meeting point, engrossed with its fight against the disappearance of the man, both general and criminal-law theory. Actually, its 'care' for the man is an issue that comes before general and criminal-law theory. While the forms of disappearance of the man are very diverse and very often so refined that they cannon sometimes be recognized, the fight against the disappearance of the man must be open, clear and uncompromising. What is the role of law in this fight? The role imposed itself. Even if the law did not want to take part in the fight, it found itself in the middle of the battlefield because human life is protected from beginning to the end by legal norms that should emerge from the best writings of general and criminal-law theory. However, self-sufficiency of law and mere legal positivism are a true obstacle in this battle. This pressure and the lack of questionings are the first step on the road to disappearance of the man, because a man that asks questions is the man that exists. He and his boldness are a barrier to voluntarism. The lack of boldness of the man opens the gates to his disappearance. This boldness has not been taken away from him in the field of bioethics, which is neither secular nor religious, but rather unique as the man is unique.

Towards the global abolition of the death penalty: the criminal law in ...

African Journals Online (AJOL)

This article begins with a short history of the punishment of death and highlights the methods by which it is carried out. It then discusses the death penalty from a global perspective with emphasis on Nigeria and the United States of America, and considers recent trends towards its abolition. The international and national ...

16 CFR 1.96 - Compromise of penalty.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Compromise of penalty. 1.96 Section 1.96 Commercial Practices FEDERAL TRADE COMMISSION ORGANIZATION, PROCEDURES AND RULES OF PRACTICE GENERAL... may compromise any penalty or proposed penalty at any time, with leave of court when necessary, taking...

CIVIL AND CRIMINAL RULES OF THE BABYLONIAN LAW

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Ion Tutuianu

2013-12-01

Full Text Available By its age and principles, Babylonian law has drawn attention of all epochs, laying at the basis of scientific development of modern law. The regulation, more than 4000 years ago, of property, family, obligations, public administration, succession, probation principle, represents the proof that the institutions which today regulate these aspects, have been a preoccupation for mankind ever since its beginning. Even if penalties were distributed depending on social status, a progressive element is represented by the fact that the act could only be punished if it met the condition of intent. The legal monument of this system of law, Hammurabi Code, has an important signification by the fact that upon that date, the law and the judges aimed at ensuring life to citizens and to guarantee them certain rights, considerably more than other countries in the epoch. It is striking that in antiquity, the right of succession lies all the children regardless of the number of marriages and criminal aspect beyond class character, crimes regulation retained the substance, the changes incurred on penalties take into account the evolution of human rights, as how malpractice mutilation was replaced by pecuniary or administrative penalty.

40 CFR 403.8 - Pretreatment Program Requirements: Development and Implementation by POTW.

Science.gov (United States)

2010-07-01

... AGENCY (CONTINUED) EFFLUENT GUIDELINES AND STANDARDS GENERAL PRE-TREAT-MENT REGULATIONS FOR EXIST-ING AND... applicable civil and criminal penalties for violation of Pretreatment Standards and requirements, and any... authority to seek or assess civil or criminal penalties in at least the amount of $1,000 a day for each...

The Concept of Extraordinary Crime in Indonesia Legal System: is The Concept An Effective Criminal Policy?

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Vidya Prahassacitta

2016-10-01

Full Text Available The concept of extraordinary crime was a common concept in Indonesia. Adopts from the concept of the most serious crime in Rome Statute and adjusted with the Indonesian legal system. Then it developed wider and introduced into terrorism, corruption, drug abuse offenses, and child sexual abuse in legislations and Constitutional Court verdicts. The implementation of this concept generated some consequences in drafting and formulating the legislation as part of penal policy. This leads to two legal problems; first, what was the categorization of the concept of extraordinary crime? and second, what were the consequences of the concept extraordinary crime in accordance with penal policy?. Normative law research with literature study method, This was a conducted as the response of both legal problems. Using secondary data from legislation, Constitutional Court verdicts, book and journal, this research concludes that; the concept of extraordinary crime parts of criminal policy does not have any standard for the categorization. Then, as consequences of the implementation of the concept of extraordinary crime in several penal efforts are formulating in legislations. The penalty effort is not limited to criminalization and sentencing aspects but wider and shall be in line with the strategy of crime eradication and welfare protection purposes. To reach the effectiveness of the criminal policy of the concept of extraordinary crime, the penalty effort shall be in line with criminal law principles and human right basic principles.

Mandatory appearances of forensic examiner for cross-examination in court and related systemic improvement under china's criminal procedure

OpenAIRE

Jianye Qu; Min Guo

2017-01-01

In China's criminal procedure system, forensic advice is one of the key types of evidence. These advices play an important part in discovering the facts of a case, convictions, and sentencing, and they cannot be ignored in assessments of guilt and the death penalty. However, due to broad and flexible criminal laws, in actual litigation, the nonappearance of forensic examiner or mere provision of documentation of advice read in court has become the norm. This has led to the existence in name o...

‘The Very Foundations of Any System of Criminal Justice’: Criminal Responsibility in the Australian Model Criminal Code

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Arlie Loughnan

2017-08-01

Full Text Available The Model Criminal Code (MCC was intended to be a Code for all Australian jurisdictions. It represents a high point of faith in the value and possibility of systematising, rationalising and modernising criminal law. The core of the MCC is Chapter 2, the ‘general principles of criminal responsibility’, which outlines the ‘physical’ and ‘fault’ elements of criminal offences, and defines concepts such as recklessness. This paper assesses the MCC as a criminal law reform project and explores questions of how the MCC came into being, and why it took shape in certain ways at a particular point in time. The paper tackles these questions from two different perspectives—‘external’ and ‘internal’ (looking at the MCC from the ‘outside’ and the ‘inside’. I make two main arguments. First, I argue that, driven by a ‘top down’ law reform process, the MCC came into being at a time when changes in crime and criminal justice were occurring, and that it may be understood as an attempt to achieve stability in a time of change. Second, I argue that the significance of the principles of criminal responsibility, which formed the central pivot of the MCC, lies on the conceptual level—in relation to the language through which the criminal law is thought about, organised and reformed.

Handedness, criminality, and sexual offending.

Science.gov (United States)

Bogaert, A F

2001-01-01

A very large database was used to investigate whether men with a history of criminality and/or sexual offending have a higher incidence of nonright-handedness (NRH) relative to a control sample of nonoffender men. The sample (N>8000) comprised interviews by investigators at the Kinsey Institute for Sex and Reproduction in Indiana. The general offender group and a subsample of sex offenders (e.g. pedophiles) had a significantly higher rate of NRH relative to the control (nonoffender) men. In addition, evidence was found that the general criminality/NRH relationship might result from increased educational difficulties that some nonright-handers experience. In contrast, education was unrelated to the handedness/pedophilia relationship, suggesting that there may be a different mechanism underlying the handedness/pedophile relationship than the handedness/(general) criminality relationship. Finally, as a cautionary note, it is stressed that the effects are small and that NRH should not be used as a marker of criminality.

A Comparative Study of the principle of Penal and Criminal Laws in Islam and Judaism

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Mohammad Reza Haji Esmaili

2013-09-01

Full Text Available In the field of religious studies, study of previous religions and orders is important, because divine religions have a one truth and essence; Judaism, Christianity and Islam are relative religions and have a common history. All three are attributed to religion of Abraham, Hence are called the "Abraham religions". All three of them have Semitic origins; therefore they are called the "Semitic religions". All three believe in one God, and for that, they are called "monotheistic religions". Though Islam subscribes the past of Jewish, does not necessarily defends all the Jewish teachings and holy books in its current form. However, these two religions are very similar and that is the value that they have given to religion. So that, none of the major live religions of the world have not such esteem. Many similarities in principles of the two relative religions have provided a suitable ground for comparative studies. In the field of law studies also found many similarities between two religions. The scriptures as a source of laws, criminal law, criminalization and punishments and ... all are of the important law issues that the way of their expression in both religions have many similarities. Since religion has a special place in Judaism and Islam, this research aims to review the principles and elements of criminal as well as some penalty goals in the religious teachings sphere of these two religions. In this regard, verses of The Quran, authentic hadiths (traditions and The Torah should be known as the main sources of recognition of these two religious orders.  Although Torah has been distorted, but this does not mean that everything is distorted in Torah. There are many juridical and ethical rules in Torah that cannot doubt in their divinity. In the other hand, many of the adventures happened to the Moses Prophet and the Israelites have been mentioned with slight variations in The Qur'an which is immune to any distortion. In the juridical

A Comparative Study of the principle of Penal and Criminal Laws in Islam and Judaism

Directory of Open Access Journals (Sweden)

Mohammad Reza Haji Esmaili

Full Text Available In the field of religious studies, study of previous religions and orders is important, because divine religions have a one truth and essence; Judaism, Christianity and Islam are relative religions and have a common history. All three are attributed to religion of Abraham, Hence are called the "Abraham religions". All three of them have Semitic origins; therefore they are called the "Semitic religions". All three believe in one God, and for that, they are called "monotheistic religions". Though Islam subscribes the past of Jewish, does not necessarily defends all the Jewish teachings and holy books in its current form. However, these two religions are very similar and that is the value that they have given to religion. So that, none of the major live religions of the world have not such esteem. Many similarities in principles of the two relative religions have provided a suitable ground for comparative studies. In the field of law studies also found many similarities between two religions. The scriptures as a source of laws, criminal law, criminalization and punishments and ... all are of the important law issues that the way of their expression in both religions have many similarities. Since religion has a special place in Judaism and Islam, this research aims to review the principles and elements of criminal as well as some penalty goals in the religious teachings sphere of these two religions. In this regard, verses of The Quran, authentic hadiths (traditions and The Torah should be known as the main sources of recognition of these two religious orders. Although Torah has been distorted, but this does not mean that everything is distorted in Torah. There are many juridical and ethical rules in Torah that cannot doubt in their divinity. In the other hand, many of the adventures happened to the Moses Prophet and the Israelites have been mentioned with slight variations in The Qur'an which is immune to any distortion. In the juridical doctrines

A Comparative Study of the principle of Penal and Criminal Laws in Islam and Judaism

Directory of Open Access Journals (Sweden)

Payman Kamalvand

2013-08-01

Full Text Available In the field of religious studies, study of previous religions and orders is important, because divine religions have a one truth and essence; Judaism, Christianity and Islam are relative religions and have a common history. All three are attributed to religion of Abraham, Hence are called the "Abraham religions". All three of them have Semitic origins; therefore they are called the "Semitic religions". All three believe in one God, and for that, they are called "monotheistic religions". Though Islam subscribes the past of Jewish, does not necessarily defends all the Jewish teachings and holy books in its current form. However, these two religions are very similar and that is the value that they have given to religion. So that, none of the major live religions of the world have not such esteem. Many similarities in principles of the two relative religions have provided a suitable ground for comparative studies. In the field of law studies also found many similarities between two religions. The scriptures as a source of laws, criminal law, criminalization and punishments and ... all are of the important law issues that the way of their expression in both religions have many similarities. Since religion has a special place in Judaism and Islam, this research aims to review the principles and elements of criminal as well as some penalty goals in the religious teachings sphere of these two religions. In this regard, verses of The Quran, authentic hadiths (traditions and The Torah should be known as the main sources of recognition of these two religious orders.  Although Torah has been distorted, but this does not mean that everything is distorted in Torah. There are many juridical and ethical rules in Torah that cannot doubt in their divinity. In the other hand, many of the adventures happened to the Moses Prophet and the Israelites have been mentioned with slight variations in The Qur'an which is immune to any distortion. In the juridical

45 CFR 160.402 - Basis for a civil money penalty.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 1 2010-10-01 2010-10-01 false Basis for a civil money penalty. 160.402 Section... RELATED REQUIREMENTS GENERAL ADMINISTRATIVE REQUIREMENTS Imposition of Civil Money Penalties § 160.402 Basis for a civil money penalty. (a) General rule. Subject to § 160.410, the Secretary will impose a...

Murder or not? Cold temperature makes criminals appear to be cold-blooded and warm temperature to be hot-headed.

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Christine Gockel

Full Text Available Temperature-related words such as cold-blooded and hot-headed can be used to describe criminal behavior. Words associated with coldness describe premeditated behavior and words associated with heat describe impulsive behavior. Building on recent research about the close interplay between physical and interpersonal coldness and warmth, we examined in a lab experiment how ambient temperature within a comfort zone influences judgments of criminals. Participants in rooms with low temperature regarded criminals to be more cold-blooded than participants in rooms with high temperature. Specifically, they were more likely to attribute premeditated crimes, ascribed crimes resulting in higher degrees of penalty, and attributed more murders to criminals. Likewise, participants in rooms with high temperature regarded criminals to be more hot-headed than participants in rooms with low temperature: They were more likely to attribute impulsive crimes. Results imply that cognitive representations of temperature are closely related to representations of criminal behavior and attributions of intent.

Murder or Not? Cold Temperature Makes Criminals Appear to Be Cold-Blooded and Warm Temperature to Be Hot-Headed

Science.gov (United States)

Gockel, Christine; Kolb, Peter M.; Werth, Lioba

2014-01-01

Temperature-related words such as cold-blooded and hot-headed can be used to describe criminal behavior. Words associated with coldness describe premeditated behavior and words associated with heat describe impulsive behavior. Building on recent research about the close interplay between physical and interpersonal coldness and warmth, we examined in a lab experiment how ambient temperature within a comfort zone influences judgments of criminals. Participants in rooms with low temperature regarded criminals to be more cold-blooded than participants in rooms with high temperature. Specifically, they were more likely to attribute premeditated crimes, ascribed crimes resulting in higher degrees of penalty, and attributed more murders to criminals. Likewise, participants in rooms with high temperature regarded criminals to be more hot-headed than participants in rooms with low temperature: They were more likely to attribute impulsive crimes. Results imply that cognitive representations of temperature are closely related to representations of criminal behavior and attributions of intent. PMID:24788725

Interpreter in Criminal Cases: Allrounders First!

Science.gov (United States)

Frid, Arthur

1974-01-01

The interpreter in criminal cases generally has had a purely linguistic training with no difference from the education received by his colleague interpreters. The position of interpreters in criminal cases is vague and their role depends to a large extent on individual interpretation of officials involved in the criminal procedure. Improvements on…

Individuals with Mental Retardation and the Criminal Justice System: The View from States' Attorneys General.

Science.gov (United States)

McAfee, James K.; Gural, Michele

1988-01-01

Results of a survey of state attorneys general (N=46) found that, with few exceptions, identification of persons with mental retardation in criminal justice is neither systematic nor probable. Protections lie in statutes pertaining to mental illness rather than to mental retardation. (Author/DB)

45 CFR 160.404 - Amount of a civil money penalty.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 1 2010-10-01 2010-10-01 false Amount of a civil money penalty. 160.404 Section... RELATED REQUIREMENTS GENERAL ADMINISTRATIVE REQUIREMENTS Imposition of Civil Money Penalties § 160.404 Amount of a civil money penalty. (a) The amount of a civil money penalty will be determined in accordance...

Watching the detectives: crime programming, fear of crime, and attitudes about the criminal justice system.

Science.gov (United States)

Kort-Butler, Lisa A; Sittner Hartshorn, Kelley J

2011-01-01

Research demonstrates a complex relationship between television viewing and fear of crime. Social critics assert that media depictions perpetuate the dominant cultural ideology about crime and criminal justice. This article examines whether program type differentially affects fear of crime and perceptions of the crime rate. Next, it tests whether such programming differentially affects viewers' attitudes about the criminal justice system, and if these relationships are mediated by fear. Results indicated that fear mediated the relationship between viewing nonfictional shows and lack of support for the justice system. Viewing crime dramas predicted support for the death penalty, but this relationship was not mediated by fear. News viewership was unrelated to either fear or attitudes. The results support the idea that program type matters when it comes to understanding people's fear of crime and their attitudes about criminal justice.

8 CFR 280.53 - Civil monetary penalties inflation adjustment.

Science.gov (United States)

2010-01-01

... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Civil monetary penalties inflation... REGULATIONS IMPOSITION AND COLLECTION OF FINES § 280.53 Civil monetary penalties inflation adjustment. (a) In general. In accordance with the requirements of the Federal Civil Penalties Inflation Adjustment Act of...

Making Immigrants into Criminals: Legal Processes of Criminalization in the Post-IIRIRA Era

Directory of Open Access Journals (Sweden)

Leisy Abrego

2017-09-01

our quantitative and qualitative research to underscore ways immigrants experience criminalization in their family, school, and work lives. The first half of our analysis is focused on immigrant criminalization from the late 1980s through the Obama administration, with an emphasis on immigration enforcement practices first engineered in the 1990s. Most significant, we argue, are the 1996 Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA and the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA. The second section of our analysis explores the social impacts of immigrant criminalization, as people’s experiences bring the consequences of immigrant criminalization most clearly into focus. We approach our analysis of the production of criminality of immigrants through the lens of legal violence (Menjivar and Abrego 2012, a concept designed to understand the immediate and long-term harmful effects that the immigration regime makes possible. Instead of narrowly focusing only on the physical injury of intentional acts to cause harm, this concept broadens the lens to include less visible sources of violence that reside in institutions and structures and without identifiable perpetrators or incidents to be tabulated. This violence comes from structures, laws, institutions, and practices that, similar to acts of physical violence, leave indelible marks on individuals and produce social suffering. In examining the effects of today’s ramped up immigration enforcement, we turn to this concept to capture the violence that this regime produces in the lives of immigrants. Immigrant criminalization has underpinned US immigration policy over the last several decades. The year 1996, in particular, was a signal year in the process of criminalizing immigrants. Having 20 years to trace the connections, it becomes evident that the policies of 1996 used the term “criminal alien” as a strategic sleight of hand. These laws established the concept of “criminal

8 CFR 1280.53 - Civil monetary penalties inflation adjustment.

Science.gov (United States)

2010-01-01

... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Civil monetary penalties inflation... penalties inflation adjustment. (a) In general. In accordance with the requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. 101-410, 104 Stat. 890, as amended by the Debt...

Introdução ao debate sobre as políticas oficiais no campo criminal

Directory of Open Access Journals (Sweden)

Cezar Bueno de Lima

2003-07-01

Full Text Available The current process of economic and financial globalization has elicited contradictory answers in the formulation of criminal policies by State bureaucracy. On the one hand, under strong influence of neoclassical economic thought, there appears in the United Kingdom the theory of crime normalization, qualifying the criminal act as a rational choice option, a matter of opportunity, according to which delinquents rationally calculate their actions. Such theory proposes to replace the classical model of criminal policy, which relates the penal practice to the figure of the "other", the "abnormal", by a new model of 'risk society' , which sees a professional career in criminal acts. On the other hand, there appears in the United States the movement in defense of law and order, which proposes no tolerance to crime by the amplification of penal right and the recrudescence of the State criminal answer. For the defenders of decriminalization and penal abolitionism the utopia of control society which favors the increase of punishment and target changes to administer crime ignores the existence of a society with no penalties which is manifested through the dark cipher, the difference between reported infractions to the police and those really judged.

Female criminality and crime against women – a criminological-penitentiary view

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Henryk Machel

2014-12-01

Full Text Available Female criminality in Poland, that is the violation of legal standards by women, threatened by penalty, is not great. The number of sentenced women in prison has maintained at the same level 7%-10% of the general sentenced population for a long time. Research shows that gender does not have a great impact on criminality. However, there have been some findings physiological states such as pregnancy or breast feeding predispose women to commit crimes. It has also been noted that more women than men commit crimes where cleverness is required. The smaller number of women’s crimes is explained by factors like family upbringing, where mothers present a greater traditional lifestyle. Women are also victims of crimes such as: domestic violence, sexual harassment, human trafficking, crimes associated with prostitution. Sentenced to imprisonment, they reside in separate penitentiary units, where they can give birth to their children and stay with them in prison Homes for Mothers and Children until the child turns 3 or exceptionally 4 years old. Imprisoned women, due to specific personality are treated more softly than men, but are subject to the same rigors as men, depending on the type of prison they are in. They are being prepared to perform the roles of mothers, wives or for an independent life in the free world.

12 CFR 622.60 - Payment of civil money penalty.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Payment of civil money penalty. 622.60 Section... Rules and Procedures for Assessment and Collection of Civil Money Penalties § 622.60 Payment of civil money penalty. (a) Payment date. Generally, the date designated in the notice of assessment for payment...

42 CFR 438.704 - Amounts of civil money penalties.

Science.gov (United States)

2010-10-01

... 42 Public Health 4 2010-10-01 2010-10-01 false Amounts of civil money penalties. 438.704 Section... SERVICES (CONTINUED) MEDICAL ASSISTANCE PROGRAMS MANAGED CARE Sanctions § 438.704 Amounts of civil money penalties. (a) General rule. The limit on, or the maximum civil money penalty the State may impose varies...

The Need for Specific Penalties for Hacking in Criminal Law

Directory of Open Access Journals (Sweden)

Sangkyo Oh

2014-01-01

Full Text Available In spite of the fact that hacking is a widely used term, it is still not legally established. Moreover, the definition of the concept of hacking has been deployed in a wide variety of ways in national literature. This ambiguity has led to various side effects. Recently in the United States, reforms collectively known as Aaron's Law were proposed as intended amendments to the Computer Fraud and Abuse Act (CFAA. Most experts expect that this change will put the brakes on the CFAA as a severe punishment policy, and result in a drop in controversial court decisions. In this study, we analyze the definitions and the penalties for hacking for each country and compare them with the national law and then make suggestions through more specific legislation. We expect it will reduce legal controversy and prevent excessive punishment.

The need for specific penalties for hacking in criminal law.

Science.gov (United States)

Oh, Sangkyo; Lee, Kyungho

2014-01-01

In spite of the fact that hacking is a widely used term, it is still not legally established. Moreover, the definition of the concept of hacking has been deployed in a wide variety of ways in national literature. This ambiguity has led to various side effects. Recently in the United States, reforms collectively known as Aaron's Law were proposed as intended amendments to the Computer Fraud and Abuse Act (CFAA). Most experts expect that this change will put the brakes on the CFAA as a severe punishment policy, and result in a drop in controversial court decisions. In this study, we analyze the definitions and the penalties for hacking for each country and compare them with the national law and then make suggestions through more specific legislation. We expect it will reduce legal controversy and prevent excessive punishment.

The Role of the Penalty Clause in Business

Directory of Open Access Journals (Sweden)

Maria Stegariu

2016-07-01

Full Text Available The interest in this topic is determined, on one hand, by the way of interpreting the provisions which regulate the contractual liability in general and of those regarding the penalty clause in particular, and, on the other hand, by the formulation of certain proposals de lege ferenda. By stipulating the penalty clause, the law seeks to execute the contractual obligations, and not to collect penalties. The legal base of the ancillary character of the penalty clause is article 1538, paragraph 3 of the Civil Code.    

An athlete’s criminal liability towards spectators

Directory of Open Access Journals (Sweden)

mohammad nabipour

2017-10-01

Full Text Available Abstract:   Basically and according to clause of article 158 of the Islamic penal code, approved in 2013 (sporting activities and accidents resulting from it, if the reason of accidents do not violate the rules related to that sport and these regulation are not in conflict with religious rules there will be no criminal liability for the athlete. As it appears the athlete that will be exempted from any criminal offense when he has not violated the rules, however, if the athletes is offender whether the injured is opponent athlete or one of the spectators, the offending athletes will be liable for the penalty. In other words, what kind of criminal responsibility would be in these cases, if the act committed by him towards the spectator was deliberate (which would warrants retaliation or a psedudo_deliberate error (which would warrants the payment of atonement and also sanction punishment it means that imprisonment 1 to 3 years in case of victim death by the offending athlete according to article 616 in sanction law or vasted error (which would warrants prey for a loss by kinsmam the responsibility of the athlete will be different.But whether the athlete respect to all of the rules he will be completely exempted from the damage that he enters into the spectator or not, is the point of disagreement which this article seeks to ask the question.    

42 CFR 73.21 - Civil money penalties.

Science.gov (United States)

2010-10-01

... 42 Public Health 1 2010-10-01 2010-10-01 false Civil money penalties. 73.21 Section 73.21 Public... SELECT AGENTS AND TOXINS § 73.21 Civil money penalties. (a) The Inspector General of the Department of Health and Human Services is delegated authority to conduct investigations and to impose civil money...

9 CFR 161.4 - Suspension or revocation of veterinary accreditation; criminal and civil penalties.

Science.gov (United States)

2010-01-01

... 9 Animals and Animal Products 1 2010-01-01 2010-01-01 false Suspension or revocation of veterinary... REVOCATION OF SUCH ACCREDITATION § 161.4 Suspension or revocation of veterinary accreditation; criminal and... to practice veterinary medicine in at least one State. (c) Accreditation shall be automatically...

42 CFR 3.402 - Basis for a civil money penalty.

Science.gov (United States)

2010-10-01

... 42 Public Health 1 2010-10-01 2010-10-01 false Basis for a civil money penalty. 3.402 Section 3... money penalty. (a) General rule. A person who discloses identifiable patient safety work product in knowing or reckless violation of the confidentiality provisions shall be subject to a civil money penalty...

The application of strict criminal liabilities to spillage of oil: the practical impact on effective spill response

International Nuclear Information System (INIS)

Gallagher, J.J.

2002-01-01

The Federal Water Pollution Control Act as amended by the Oil Pollution Act of 1990 provides criminal penalties in oil spills that result from criminal activity, gross negligence or wilful misconduct on the part of the spiller. Nevertheless, the Department of Justice has seen fit to reach into unrelated legislation to potentially apply strict criminal liability to any oil spill regardless of intent. Strict criminalization of accidental oil spills is demonstrably counterproductive to effective protection of the environment from the effect of spills since it poses a serious impediment to cooperation and coordination by and between those charged by law to respond to them. This impediment is particularly dangerous since it threatens the proper functioning of the inherently sensitive ''troika'' Unified Command Structure that has evolved in spill response management in response to OPA-90 management requirements. Introduction of strict criminal liability for accidental spills is also particularly troublesome in that it must enlist unrelated law to influence an area that has been addressed specifically by legislation designed for that purpose; legislation that has worked well in the past 30 years to both regulate the target activities while successfully achieving the objective of protecting and improving environment quality. (author)

42 CFR 402.105 - Amount of penalty.

Science.gov (United States)

2010-10-01

... insurance benefit plans (§ 402.1(c)(21)). (b) $1,000. CMS or OIG may impose a penalty of not more than $1... 42 Public Health 2 2010-10-01 2010-10-01 false Amount of penalty. 402.105 Section 402.105 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL...

39 CFR 230.4 - Arrest and investigative powers of criminal investigators.

Science.gov (United States)

2010-07-01

... 39 Postal Service 1 2010-07-01 2010-07-01 false Arrest and investigative powers of criminal... OFFICE OF INSPECTOR GENERAL General Policy and Authority § 230.4 Arrest and investigative powers of criminal investigators. (a) Under the authority of 18 U.S.C. 3061, criminal investigators employed by the...

Life sentence penalty and extradition under article 3 of the ECHR: A leading case of the European Court of Human Rights

Directory of Open Access Journals (Sweden)

Dr.Sc. Mario Antinucci

2017-06-01

Full Text Available Life sentence penalty covers a diverse range of practices, from the most severe form of life imprisonment without parole, in which a person is sentenced to die in prison so long as their sentence stands, to more indeterminate sentences in which at the time of sentencing it is not clear how long the sentenced person will spend in prison. Dealing with the question whether the extradition of a person to a foreign state where is accused of a crime for which a sentence of life imprisonment can be imposed can potentially violate article 3 of the European Convention on Human Rights. What all these sentences have in common, however, is that at the time the sentence is passed, a person is liable to be detained for the rest of his or her natural life. We all know “The United Nations Standard Minimum Rules” and relevant international instruments on the rehabilitation of imprisonment, but at the moment more than 73 States in the world retain life imprisonment as a penalty for offences committed while under the age of 18. General perspective of criminal justice reform in Latin America should take into a right account the meaning of life - imprisonment penalty under article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment or punishment.

Cyber Forensics Ontology for Cyber Criminal Investigation

Science.gov (United States)

Park, Heum; Cho, Sunho; Kwon, Hyuk-Chul

We developed Cyber Forensics Ontology for the criminal investigation in cyber space. Cyber crime is classified into cyber terror and general cyber crime, and those two classes are connected with each other. The investigation of cyber terror requires high technology, system environment and experts, and general cyber crime is connected with general crime by evidence from digital data and cyber space. Accordingly, it is difficult to determine relational crime types and collect evidence. Therefore, we considered the classifications of cyber crime, the collection of evidence in cyber space and the application of laws to cyber crime. In order to efficiently investigate cyber crime, it is necessary to integrate those concepts for each cyber crime-case. Thus, we constructed a cyber forensics domain ontology for criminal investigation in cyber space, according to the categories of cyber crime, laws, evidence and information of criminals. This ontology can be used in the process of investigating of cyber crime-cases, and for data mining of cyber crime; classification, clustering, association and detection of crime types, crime cases, evidences and criminals.

Рarticular criminalistic methods of court hearing in criminal proceedings: essence and goals

Directory of Open Access Journals (Sweden)

В. І. Алєксєйчук

2015-11-01

Full Text Available Problem setting. Understanding of criminalistic methods exceeded now the boundaries of traditional points of view - as a methods of crimes investigation. An attention is drawn to the fact that the process of proof in criminal proceedings is not completed with a pre-court investigation, on the contrary, it is being continued even more actively during the court hearing. In this regard a need for providing of subjects of court hearings of criminal cases (judges, prosecuting attorneys, defense lawyers with criminalistic methods is emphasized. At the same time the stated ideas have not been sufficiently developed in Ukrainian doctrine. Special papers devoted to particular criminalistic methods of court hearing of criminal cases are not present. This problem cannot be settled without preliminary solving of issues of more general theoretical meaning, especially, definition of essence and goals of particular criminalistic methods of court hearing in criminal proceedings. Recent research and publications analysis. Research of general-theoretical basic concepts of criminalistic methods was made by the domestic and foreign scientists (Yu. P. Alenin, O. Ya. Bayev, R. S. Byelkin, О. М. Vasylyev, І. О. Vozgrin, V. К. Gavlo, V. А. Zhuravel, А. V. Ishchenko, О. N. Kolesnichenko, V. V. Tishchenko, S. М. Churilov, А. V. Shmonin, B. V. Shchur, М. P. Yablokov and others. Issues of providing of criminalistic tools for court hearing in criminal proceedings are covered in the papers of the following scientists: L.Yu. Аrotsker, V. М. Bozrov, М. Y. Vilgushunsky, G. А. Vorobyov, V. К. Gavlo, S. L. Kyslenko, D. V. Kim, І. І. Kogutych, Yu. V. Korenevsky, О. Yu. Korchagin, S. P. Sukhov, О. О. Sychova, А. L. Tsypkin, Т. B. Chedzhemov, V. Yu. Shepitko and others. The authors of papers published in Ukraine in recent years, studying conceptual problems of providing with criminalistic methods of court proceeding in criminal process are: V.А. Zhuravel, �

42 CFR 488.430 - Civil money penalties: Basis for imposing penalty.

Science.gov (United States)

2010-10-01

... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Basis for imposing penalty... PROCEDURES Enforcement of Compliance for Long-Term Care Facilities with Deficiencies § 488.430 Civil money penalties: Basis for imposing penalty. (a) CMS or the State may impose a civil money penalty for either the...

42 CFR 488.438 - Civil money penalties: Amount of penalty.

Science.gov (United States)

2010-10-01

... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Amount of penalty. 488.438... Enforcement of Compliance for Long-Term Care Facilities with Deficiencies § 488.438 Civil money penalties... review authority) finds that the basis for imposing a civil money penalty exists, as specified in § 488...

Several criminal, phenomenological and etiological features of criminal offences of counterfeiting money in Kosovo

Directory of Open Access Journals (Sweden)

MSc. Milot Krasniqi

2012-12-01

Full Text Available The Republic of Kosovo is making efforts as a young state to strengthen rule of law and efficiently combat criminality in general, and specifically organized crime, as a condition for its journey towards European integration perspectives.  For a normal functioning of the economic system, the safety and protection of controlled circulation of money are of vital importance. In this direction, the state takes actions and measures to ensure that manufacturing and emissions of banknotes and bonds are undertaken by competent authorities, such as the Central Bank, and render impossible the counterfeiting of money. In Kosovo, money counterfeiting is not widely studied. Consequently, there are no recent research papers over the time when these offences have marked rather high records. This circumstance, and especially the fact that these offences are rather frequent in Kosovo, made me enter the research of this type of criminality.    Apart from principles and rules stipulated by special laws of the field of economy, protection of the economic system is also helped by the Criminal Code, which incriminates the act of counterfeit money as a criminal offence against the economic system, thereby ensuring general prevention of potential offenders, and repressive measures against confirmed offenders. Protection of economic and monetary systems is also provided upon by numerous international acts.  The paper is permeated by conclusions, analysis and independent recommendations, which I believe will contribute de lege ferrenda to criminal policies in preventing and combating this type of crime. In researching the criminal offences of counterfeiting money, I have used the method of historical materialism, dogmatic law method, statistical methods, surveys and interviews, and studies of individual cases.    From the research of this type of crime, I have concluded that these criminal offences are a serious type of crime, which may result in major individual

Criminal Law

DEFF Research Database (Denmark)

Langsted, Lars Bo; Garde, Peter; Greve, Vagn

<> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

Murder in French criminal law

Directory of Open Access Journals (Sweden)

Jovašević Dragan

2015-01-01

Full Text Available The most dangerous forms and aspects of violent crime are criminal offences against life and bodily integrity of others, which are generally designated as acts of homicide. The most prominent among these criminal offences is the crime of murder. Due to the significance, legal nature, characteristics and consequences of this criminal act, all contemporary legislations prescribe the most severe measures and types of punishment for the commission of this crime. There are three types of murder: 1 ordinary (common murder, 2 murder committed under mitigating circumstances, and 3 murder committed under aggravating circumstances, which is as a rule punishable by the most severe punishment. All contemporary criminal legislations, including French legislation, recognize various types and forms of murder, depending on the classification criteria. The most prominent forms of murder are those involving various motives that induce the perpetrators to cause death to another person. In this paper, the author examines the concept, contents, characteristics, forms and elements of the crime of murder in French criminal law, discussing the theoretical and practical aspects of this issue.

Quasi and real toughening of criminal liability for mediation of bribery

Directory of Open Access Journals (Sweden)

Evgeniya V. Rogova

2015-12-01

Full Text Available Objective to identify the disputable issues of criminallegal regulation and problems of criminal law norms application establishing liability for mediation in bribery. Basing on the analysis to propose ways to resolve some of them. Methods for the accuracy and completeness general and special methods of scientific cognition were applied. The general methods include historicallegal logicallegal comparative legal methods systemic analysis and synthesis. Special methods are study of documents and content analysis expert evaluation method. Results the authors came to a conclusion about the need to reform the law concerning the criminal liability for mediation in bribery. One of the solutions to the problem is to change the disposition of Article 291.1 of the Criminal Code. However a comprehensive analysis of the problems of application of this regulation and the norms of the General part of the Criminal Code indicates that there is no need to legislatively confirm the criminal liability for mediation in bribery. Scientific novelty the complex analysis of problems of the application of Article 291.1 of the RF Criminal Code has been made which serves as the basis to justify the inconsistency of this provision of the criminal law a proposal is made to make amendments in the norms of the General part of the Criminal Code of the Russian Federation relating to the concept of accomplice of the crime. Practical significance the results can be used in the reforming of criminal legislation of the Russian Federation and also at the further research of problems of differentiation of liability for bribery.

To Reinstate or to Not Reinstate? An Exploratory Study of Student Perspectives on the Death Penalty in Michigan.

Science.gov (United States)

Adinkrah, Mensah; Clemens, William M

2018-01-01

The U.S. state of Michigan abolished the death penalty in 1846. Since then, several abortive efforts have been made by state legislators to re-establish the death sentence to deal with convicted murderers. Concurrently, some support exists among Michigan residents for the restoration of capital punishment in the state. This article presents the results of the analysis of an attitudinal survey of 116 college students enrolled in three criminal justice courses in a Michigan public university concerning the reinstatement of the death sentence in the state. The data from this exploratory study show that a slight majority (52.6%) of respondents favored reinstatement whereas 45.7% opposed restoration. Advocates and opponents of re-establishment of the death penalty in Michigan provided similar religious, moral and economic arguments proffered by others in previous surveys on capital punishment available in the death penalty literature. The current study makes a contribution to the scant extant literature on attitudes toward the death penalty in abolitionist jurisdictions. As this body of literature grows, it can provide baseline data or information with which to compare attitudes in retentionist states.

17 CFR 143.8 - Inflation-adjusted civil monetary penalties.

Science.gov (United States)

2010-04-01

... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Inflation-adjusted civil... JURISDICTION General Provisions § 143.8 Inflation-adjusted civil monetary penalties. (a) Unless otherwise amended by an act of Congress, the inflation-adjusted maximum civil monetary penalty for each violation of...

Criminal thinking styles and emotional intelligence in Egyptian offenders.

Science.gov (United States)

Megreya, Ahmed M

2013-02-01

The Psychological Inventory of Criminal Thinking Styles (PICTS) has been applied extensively to the study of criminal behaviour and cognition. Increasingly growing evidence indicates that criminal thinking styles vary considerably among individuals, and these individual variations appear to be crucial for a full understanding of criminal behaviour. This study aimed to examine individual differences in criminal thinking as a function of emotional intelligence. A group of 56 Egyptian male prisoners completed the PICTS and Bar-On Emotional Quotient Inventory (EQ-i). The correlations between these assessments were examined using a series of Pearson correlations coefficients, with Bonferroni correction. General criminal thinking, reactive criminal thinking and five criminal thinking styles (mollification, cutoff, power orientation, cognitive indolence and discontinuity) negatively correlated with emotional intelligence. On the other hand, proactive criminal thinking and three criminal thinking styles (entitlement, superoptimism and sentimentality) did not associate with emotional intelligence. Emotional intelligence is an important correlate of individual differences in criminal thinking, especially its reactive aspects. Practical implications of this suggestion were discussed. Copyright © 2013 John Wiley & Sons, Ltd.

THE APPLICATION OF THE SPECIALTY PRINCIPLE, CONCERNING THE SPECIAL SEIZURE IN ROMANIAN CRIMINAL LAW

Directory of Open Access Journals (Sweden)

MONICA POCORA

2011-04-01

Full Text Available This paper aims to be a comparative analysis of the special seizure as a safety measure, as it is regulated in Romanian special criminal legislation, and also a way to highlight certain discrepancies between the general and special criminal legislation. Special seizure, as a safety measure, may be disposed under Criminal Code regulations, as a general norm, but also under some stipulations included in special Criminal laws. Moreover, when there are such special stipulations, they have under the rules of specialty principle, priority in implementing to the general norm. In our opinion, in these cases, special seizure is also disposed under the Criminal Code provisions, as general norm, because the general terms nondescript by others field of incidence, are the ones who set by the Criminal law. In fact, in such cases, the special seizure is ordered under both Criminal provisions. In analysis of the paper, is made reference to the applicability of special seizure measure inmatter of corruption offences, in customs, money laundering, illicit trafficking of drugs and fisheries and fish farming, and as a result of their presentation, we concluded that although is in question the specialty principle, mainly would find application the general norm in comparison with special norm. Moreover, corroborating the actually general norm with the provisions of the New Criminal Code, we believe the special seizure, should operate exclusively under the general law, or the provisions of the special norm, should be modified.

Effects of Behavioral Genetic Evidence on Perceptions of Criminal Responsibility and Appropriate Punishment

Science.gov (United States)

Appelbaum, Paul S.; Scurich, Nicholas; Raad, Raymond

2015-01-01

Demonstrations of a link between genetic variants and criminal behavior have stimulated increasing use of genetic evidence to reduce perceptions of defendants’ responsibility for criminal behavior and to mitigate punishment. However, because only limited data exist regarding the impact of such evidence on decision makers and the public at large, we recruited a representative sample of the U.S. adult population (n=960) for a web-based survey. Participants were presented with descriptions of three legal cases and were asked to: determine the length of incarceration for a convicted murderer; adjudicate an insanity defense; and decide whether a defendant should receive the death penalty. A fully crossed, between-participants, factorial design was used, varying the type of evidence (none, genetic, neuroimaging, both), heinousness of the crime, and past criminal record, with sentence or verdict as the primary outcome. Also assessed were participants’ apprehension of the defendant, belief in free will, political ideology, and genetic knowledge. Across all three cases, genetic evidence had no significant effects on outcomes. Neuroimaging data showed an inconsistent effect in one of the two cases in which it was introduced. In contrast, heinousness of the offense and past criminal record were strongly related to participants’ decisions. Moreover, participants’ beliefs about the controllability of criminal behavior and political orientations were significantly associated with their choices. Our findings suggest that neither hopes that genetic evidence will modify judgments of culpability and punishment nor fears about the impact of genetic evidence on decision makers are likely to come to fruition. PMID:26240516

Effects of Behavioral Genetic Evidence on Perceptions of Criminal Responsibility and Appropriate Punishment.

Science.gov (United States)

Appelbaum, Paul S; Scurich, Nicholas; Raad, Raymond

2015-05-01

Demonstrations of a link between genetic variants and criminal behavior have stimulated increasing use of genetic evidence to reduce perceptions of defendants' responsibility for criminal behavior and to mitigate punishment. However, because only limited data exist regarding the impact of such evidence on decision makers and the public at large, we recruited a representative sample of the U.S. adult population (n=960) for a web-based survey. Participants were presented with descriptions of three legal cases and were asked to: determine the length of incarceration for a convicted murderer; adjudicate an insanity defense; and decide whether a defendant should receive the death penalty. A fully crossed, between-participants, factorial design was used, varying the type of evidence (none, genetic, neuroimaging, both), heinousness of the crime, and past criminal record, with sentence or verdict as the primary outcome. Also assessed were participants' apprehension of the defendant, belief in free will, political ideology, and genetic knowledge. Across all three cases, genetic evidence had no significant effects on outcomes. Neuroimaging data showed an inconsistent effect in one of the two cases in which it was introduced. In contrast, heinousness of the offense and past criminal record were strongly related to participants' decisions. Moreover, participants' beliefs about the controllability of criminal behavior and political orientations were significantly associated with their choices. Our findings suggest that neither hopes that genetic evidence will modify judgments of culpability and punishment nor fears about the impact of genetic evidence on decision makers are likely to come to fruition.

The Inextricable Link between Age and Criminal History in Sentencing

Science.gov (United States)

Bushway, Shawn D.; Piehl, Anne Morrison

2007-01-01

In sentencing research, significant negative coefficients on age research have been interpreted as evidence that actors in the criminal justice system discriminate against younger people. This interpretation is incomplete. Criminal sentencing laws generally specify punishment in terms of the number of past events in a defendant's criminal history.…

47 CFR 0.560 - Penalty for false representation of identity.

Science.gov (United States)

2010-10-01

... 47 Telecommunication 1 2010-10-01 2010-10-01 false Penalty for false representation of identity. 0.560 Section 0.560 Telecommunication FEDERAL COMMUNICATIONS COMMISSION GENERAL COMMISSION ORGANIZATION Privacy Act Regulations § 0.560 Penalty for false representation of identity. Any individual who knowingly...

Penalty parameter of the penalty function method

DEFF Research Database (Denmark)

Si, Cheng Yong; Lan, Tian; Hu, Junjie

2014-01-01

The penalty parameter of penalty function method is systematically analyzed and discussed. For the problem that Deb's feasibility-based rule doesnot give the detailed instruction as how to rank two solutions when they have the same constraint violation, an improved Deb's feasibility-based rule is...

On the definition of penalty functions in data aggregation

Czech Academy of Sciences Publication Activity Database

Bustince, H.; Beliakov, G.; Dimuro, G. P.; Bedregal, B.; Mesiar, Radko

2017-01-01

Roč. 323, č. 1 (2017), s. 1-18 ISSN 0165-0114 Institutional support: RVO:67985556 Keywords : Aggregation functions * Averaging aggregation function * Penalty functions * Quasi-penalty functions * Spread measures Subject RIV: BA - General Mathematics OBOR OECD: Pure mathematics Impact factor: 2.718, year: 2016 http://library.utia.cas.cz/separaty/2017/E/mesiar-0477083.pdf

20 CFR 422.108 - Criminal penalties.

Science.gov (United States)

2010-04-01

... connection with earnings records or for wrongful use or misrepresentation in connection with social security numbers, pursuant to section 208 of the Social Security Act and sections of title 18 U.S.C. (42 U.S.C. 408... Employees' Benefits SOCIAL SECURITY ADMINISTRATION ORGANIZATION AND PROCEDURES General Procedures § 422.108...

Criminal sanctions for legal enties: An instrument of crime control

Directory of Open Access Journals (Sweden)

Jovašević Dragan

2016-01-01

Full Text Available Although contemporary criminal law accepts the system of subjective criminal liability for a committed crime, numerous European legal documents as well as criminal laws, especially those that have been adopted lately, envisage exceptions from this system. Thus, a new form of criminal liability is being introduced: objective liability based on the causation. One of the forms of objective liability is the criminal liability of legal entities, which has been considered disputable for a long time. Obviously, legal entities cannot be held accountable for all types of criminal offences. They cannot be held liable on the grounds of legal provisions regarding mental competence and culpability (as the elements of subjective criminal liability, nor can they be imposed all types of criminal sanctions recognized in criminal legislation in general. In their new or revised criminal legislation, many countries have recognized and inagurated the objective criminal liability of legal persons for committed criminal offences alongside with the predominant system of subjective liability (based on the perpetrator's mental competence and culpability. It is indisputable that some legal entities (such as state authorities cannot be prosecuted and held liable in criminal proceedings; consequently, there are some exemptions from criminal liability (particularly when it comes to the state and state bodies, but it does not exclude criminal liability of responsible officials (natural persons for causing the consequences of a criminal offence. Due to the specific character of legal and contractual capacity of legal entities, law in general and criminal legislations in particular prescribe special legal grounds for establishing criminal liability of legal entities, which differ from the subjective liability of a natural person (perceived as a conscious and reasonable human being acting on his/her own free will where the consequence of a criminal offence is a result of one

42 CFR 488.440 - Civil money penalties: Effective date and duration of penalty.

Science.gov (United States)

2010-10-01

... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Effective date and duration... Civil money penalties: Effective date and duration of penalty. (a)(1) The per day civil money penalty... by CMS or the State. (2) A civil money penalty for each instance of noncompliance is imposed in a...

42 CFR 488.444 - Civil money penalties: Settlement of penalties.

Science.gov (United States)

2010-10-01

... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Settlement of penalties. 488.444 Section 488.444 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND... Enforcement of Compliance for Long-Term Care Facilities with Deficiencies § 488.444 Civil money penalties...

The principle of guilt as a basis for criminal sanctions justification review in the Criminal Law in Serbia

Directory of Open Access Journals (Sweden)

Ćorović Emir A.

2013-01-01

Full Text Available The principle of guilt is one of the essential principles of criminal law. However, it is a very complex principle. Its content has been presented in this paper particularly referring to a systematic deviation of it in the criminal legislation of the Republic of Serbia. According to the provisions of the article 2 of the Criminal Code of Serbia the principle of guilt is related to punishments and warning measures, while security and educational measures remained beyond its reach. On the other side, The Criminal Code defining a crime offense in the article 14 demands culpability of perpetrator's behavior. It involves a conceptual problem: a possibility is given for criminal sanctions of the principle of guilt, article 2 of the Criminal Code not referring to security and educational measures could be applied for people acting without culpability. It is paradoxical to accept criminal-justice reaction in the form of criminal sanctions regarding people without guilt. According to author of this paper, such a normative solution brings into issue the relevant principle, more precisely its basis, generality and guidance, the qualities that every legal principle should maintain. Of course, deviations of legal principle and the principle of guilt are possible but they must be kept to a minimum. Otherwise, systematic legal principle deviations, in this case the principle of guilt, are not to be tolerated. Connecting the principle of guilt with the system of criminal sanctions opens the debate on voluntarism embodied in the freedom of will and guilt and positivism/determinism embodied in perpetrator's danger and educational neglect within the criminal law. It is over a century discussion in the science of criminal law. The author of the paper concludes criminal-justice reaction in the form of criminal sanction can be justified only of based on the principle of guilt. Otherwise, such a reaction has no place in the criminal law.

Path Following in the Exact Penalty Method of Convex Programming.

Science.gov (United States)

Zhou, Hua; Lange, Kenneth

2015-07-01

Classical penalty methods solve a sequence of unconstrained problems that put greater and greater stress on meeting the constraints. In the limit as the penalty constant tends to ∞, one recovers the constrained solution. In the exact penalty method, squared penalties are replaced by absolute value penalties, and the solution is recovered for a finite value of the penalty constant. In practice, the kinks in the penalty and the unknown magnitude of the penalty constant prevent wide application of the exact penalty method in nonlinear programming. In this article, we examine a strategy of path following consistent with the exact penalty method. Instead of performing optimization at a single penalty constant, we trace the solution as a continuous function of the penalty constant. Thus, path following starts at the unconstrained solution and follows the solution path as the penalty constant increases. In the process, the solution path hits, slides along, and exits from the various constraints. For quadratic programming, the solution path is piecewise linear and takes large jumps from constraint to constraint. For a general convex program, the solution path is piecewise smooth, and path following operates by numerically solving an ordinary differential equation segment by segment. Our diverse applications to a) projection onto a convex set, b) nonnegative least squares, c) quadratically constrained quadratic programming, d) geometric programming, and e) semidefinite programming illustrate the mechanics and potential of path following. The final detour to image denoising demonstrates the relevance of path following to regularized estimation in inverse problems. In regularized estimation, one follows the solution path as the penalty constant decreases from a large value.

42 CFR 488.434 - Civil money penalties: Notice of penalty.

Science.gov (United States)

2010-10-01

... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Notice of penalty. 488.434 Section 488.434 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN... Enforcement of Compliance for Long-Term Care Facilities with Deficiencies § 488.434 Civil money penalties...

Mentally disordered criminal offenders in the Swedish criminal system.

Science.gov (United States)

Svennerlind, Christer; Nilsson, Thomas; Kerekes, Nóra; Andiné, Peter; Lagerkvist, Margareta; Forsman, Anders; Anckarsäter, Henrik; Malmgren, Helge

2010-01-01

Historically, the Swedish criminal justice system conformed to other Western penal law systems, exempting severely mentally disordered offenders considered to be unaccountable. However, in 1965 Sweden enforced a radical penal law abolishing exceptions based on unaccountability. Mentally disordered offenders have since then been subjected to various forms of sanctions motivated by the offender's need for care and aimed at general prevention. Until 2008, a prison sentence was not allowed for offenders found to have committed a crime under the influence of a severe mental disorder, leaving forensic psychiatric care the most common sanction in this group. Such offenders are nevertheless held criminally responsible, liable for damages, and encumbered with a criminal record. In most cases, such offenders must not be discharged without the approval of an administrative court. Two essentially modern principles may be discerned behind the "Swedish model": first, an attempted abolishment of moral responsibility, omitting concepts such as guilt, accountability, atonement, and retribution, and, second, the integration of psychiatric care into the societal reaction and control systems. The model has been much criticized, and several governmental committees have suggested a re-introduction of a system involving the concept of accountability. This review describes the Swedish special criminal justice provisions on mentally disordered offenders including the legislative changes in 1965 along with current proposals to return to a pre-1965 system, presents current Swedish forensic psychiatric practice and research, and discusses some of the ethical, political, and metaphysical presumptions that underlie the current system. Copyright 2010 Elsevier Ltd. All rights reserved.

Colour revolutions: criminal-legal aspect

Directory of Open Access Journals (Sweden)

Sergey Alekseyevich Gordeychik

2015-03-01

Full Text Available Objective basing on the analysis of colour revolution technologies in different countries to formulate propositions for improving criminal legislation aimed at counteraction against this phenomenon. Methods general scientific induction deduction analysis synthesis and specific scientific formaljuridical and comparativelegal. Results using the results of colour revolutionsrsquo research carried out by political scientists the author evaluates the character and level of public danger of colour revolutions. The author states that the colour revolutions threaten the normal existence of the country or several countries. The conclusion is made that the colour revolutions must be counteracted by criminallegal means. The article states the absence of norms in the existing criminal legislation which would impose criminal liability on organizers incendiaries and participants of colour revolutions. It is proposed to supplement the existing criminal law with the norm stipulating the liability for such deeds and to insert this norm into Art. 34 ldquoCrimes against peace and security of humanityrdquo thus equating organization preparation and implementing colour revolutions with planning preparation launching and conducting an aggressive war Art. 353 of the Russian Criminal Code. Scientific novelty basing on the existing legal norms modern politological and juridical scientific literature a conclusion is made that the colour revolutions are based on the abuse of law. This allows the organizers of colour revolutions to legally prepare and implement the subversion of undesirable political regimes. The author formulates proposals for supplementing the criminal legislation. Practical value the materials and conclusions of the article can be used in lawmaking activity when elaborating the drafts of legal acts for changing and supplementing the Russian Criminal Code for research activity when preparing monographs and dissertations tutorials and articles when

40 CFR 303.12 - Criminal violations covered by this award authority.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 27 2010-07-01 2010-07-01 false Criminal violations covered by this... (CONTINUED) SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS CITIZEN AWARDS FOR INFORMATION ON CRIMINAL VIOLATIONS UNDER SUPERFUND General § 303.12 Criminal violations covered by this award...

The Criminalization of the Theft of Trade Secrets:\\ud An Analysis of the Economic Espionage Act

OpenAIRE

Searle, Nicola

2012-01-01

This paper presents a law and economics assessment of how the elevation of the theft of trade secrets from civil malfeasance to a felony affects the incentives for both firms and potential thieves. The paper begins with theoretical analysis of the EEA and concludes with an empirical assessment of prosecutions under the EEA. In comparison to penalties used in civil cases, the new incentive of a criminal deterrent to trade secret theft introduces severe consequences, such as incarceration as a ...

Social penalty promotes cooperation in a cooperative society.

Science.gov (United States)

Ito, Hiromu; Yoshimura, Jin

2015-08-04

Why cooperation is well developed in human society is an unsolved question in biological and human sciences. Vast studies in game theory have revealed that in non-cooperative games selfish behavior generally dominates over cooperation and cooperation can be evolved only under very limited conditions. These studies ask the origin of cooperation; whether cooperation can evolve in a group of selfish individuals. In this paper, instead of asking the origin of cooperation, we consider the enhancement of cooperation in a small already cooperative society. We ask whether cooperative behavior is further promoted in a small cooperative society in which social penalty is devised. We analyze hawk-dove game and prisoner's dilemma introducing social penalty. We then expand it for non-cooperative games in general. The results indicate that cooperation is universally favored if penalty is further imposed. We discuss the current result in terms of the moral, laws, rules and regulations in a society, e.g., criminology and traffic violation.

Criminal aspect of injuries in sports

Directory of Open Access Journals (Sweden)

Mandarić Sanja

2016-01-01

Full Text Available In this paper the concept of sports ethics is defined and attention is directed to kinds of behavior which are not considered as fair play, the general conception of criminal offence as well as the elements of general idea of criminal act, unlawfulness and guilt with special attention paid to the basis on which unlawfulness and delict, and with them, the criminal offence itself are excluded. Consent of the injured party as basis for excluding unlawfulness has been carefully considered, with emphasis on the fact that with accepting to participate is a certain sport an athlete does not consent to be hurt outside the frame which rules of a particular sport imply. The attitude is accepted that with his consent an athlete consented to the possibility for his integrity be endangered, which still does not mean that he consented to be injured indeed, i.e. a difference is recognized between the consequence of endangering and the consequence of injuring protected assets. After that, rules which are applied in certain sports are explained and connected with the acceptance of the injured party, and the stand is taken that acceptance of the injured party excludes existence of criminal deed only in a situation when an injury occurred within the rules of a particular sport. If the injury occurred by breaking the rules of the sport, it would be considered as a criminal act. In conclusion, the stand is taken that it is necessary to fight against all harmful occurrences in sports, including the injuries which occurred due to severe violation of rules which should be applied in a particular sport. It is concluded that consent of the injured party must not be an excuse for not applying criminal justice, if the injury occurred by violation of the rules of a particular sport.

42 CFR 488.436 - Civil money penalties: Waiver of hearing, reduction of penalty amount.

Science.gov (United States)

2010-10-01

... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Waiver of hearing, reduction... Civil money penalties: Waiver of hearing, reduction of penalty amount. (a) Waiver of a hearing. The... the civil money penalty. (b) Reduction of penalty amount. (1) If the facility waives its right to a...

Relation of criminal offence of tax evasion and criminal offence of non-payment of withholding tax in Serbian criminal law

OpenAIRE

Kulić, Mirko; Milošević, Goran

2011-01-01

Countries often resort to tightening of criminal sanctions against those who do not fulfill their tax obligations on time. Instead of more organized undertaking of measures to eliminate the causes of tax crime, Serbia seeks to solve the problem by upgrading the criminal legislation. There are six criminal offences which provide for criminal law protection of public revenues. Among these criminal offences, the central place belongs to the criminal offence of tax evasion and criminal offence of...

Criminal Policy Debate as an Active Learning Strategy

Science.gov (United States)

Mellgren, Caroline; Ivert, Anna-Karin

2016-01-01

One of the biggest challenges for criminal justice educators is to deal with the strongly held opinions and preconceived notions about criminal justice issues among students. It often takes the form of students being reluctant to accept certain premises that does not comply with their own experience of the issue. The general tendency to reject…

Rehabilitation and Re-socialization of Criminals in Iranian Criminal Law.

Science.gov (United States)

Mollaei, Mohammad; Ghayoomzadeh, Mahmood; Mirkhalili, Seyed Mahmoud

2018-02-08

One of the concerns that always remain for the repentant criminal is the condition for his return to society. This concern may be so strong and effective that the criminal may seclude from the society due to the fear of its consequences and may return to crime. Therefore, paying attention to eliminating the social effect of the criminal conviction of criminals can return security to society and return the repentant criminals to normal life. So, all military and social institutions are effective in the re-socialization, in such a way that the re-socialization of criminals requires the provision of social platforms that starts with their own family and expands to society. The main concern of this research is how we can provide the favorable conditions for the re-socialization of repentant criminals that effectively realize the socialization goals. The Islamic Penal Code initiatives in 2013, despite the gaps in this regard, partly help to achieve such goals, but they are not enough. Therefore, the present article focused on the criminals' re-socialization and tried to raise the criminals' re-socialization both socially and criminally. The method was descriptive analytical. The result showed that the Islamic Penal Code, adopted in 2013 on the period of the subsequent effects, needs to be reformed, and the effective social institutions should be raised orderly in such a case.

Mandatory appearances of forensic examiner for cross-examination in court and related systemic improvement under china's criminal procedure

Directory of Open Access Journals (Sweden)

Jianye Qu

2017-01-01

Full Text Available In China's criminal procedure system, forensic advice is one of the key types of evidence. These advices play an important part in discovering the facts of a case, convictions, and sentencing, and they cannot be ignored in assessments of guilt and the death penalty. However, due to broad and flexible criminal laws, in actual litigation, the nonappearance of forensic examiner or mere provision of documentation of advice read in court has become the norm. This has led to the existence in name only of cross-examination rights, which directly damages the legitimate rights and interests of the parties and the objective and impartial rulings of referees. At present, there is no legal clarity in criminal proceedings that examiner should or should not be examined in court. In my opinion, the entire court system should require an appearance in court, which must be a clear mandatory appearance with specific exceptions. The system should guarantee the forensic examiner' mandatory appearances, which would inevitably improve the rules of evidence.

CONCEPTUAL AGGREGATION OF CRIMINAL OFFENCES SEPARATION FROM COLLISION OF THE CRIMINAL LAW NORMS

OpenAIRE

Persidskis, Ainārs

2017-01-01

The topic of the paper is the conceptual aggregation of criminal offences separation from collision of the Criminal Law norms. The conceptual aggregation of criminal offences is the most difficult type of all multiplicity types of criminal offences. This research paper provides an overview of the conceptual aggregation of criminal offences separation from collision of the Criminal Law norms. In the paper is given analyses of conceptual aggregation of criminal offences separation from collisio...

36 CFR 1001.3 - Penalties.

Science.gov (United States)

2010-07-01

... 1001.3 Parks, Forests, and Public Property PRESIDIO TRUST GENERAL PROVISIONS § 1001.3 Penalties. A... of this chapter, within the area administered by the Presidio Trust, shall be punished by a fine as provided by law, or by imprisonment not exceeding 6 months, or both, and shall be adjudged to pay all costs...

EKSISTENSI PIDANA MATI DALAM SISTEM HUKUM INDONESIA

OpenAIRE

BANGUN, NATA SUKAM

2014-01-01

Indonesia, which is being held in the area of criminal law reform, can’t be separated from the issue of the death penalty. Of course this will take some effects in the context of the new Criminal Code (KUHP) formation that made by Indonesian people themselves who have long aspired. In addition, the increasing number of death penalty verdict handed down against criminals make the author is interested to assess the existence of death penalty sanctions, why the death penalty is st...

Born criminal? Differences in structural, functional and behavioural lateralization between criminals and noncriminals.

Science.gov (United States)

Savopoulos, Priscilla; Lindell, Annukka K

2018-02-15

Over 100 years ago Lombroso [(1876/2006). Criminal man. Durham: Duke University Press] proposed a biological basis for criminality. Based on inspection of criminals' skulls he theorized that an imbalance of the cerebral hemispheres was amongst 18 distinguishing features of the criminal brain. Specifically, criminals were less lateralized than noncriminals. As the advent of neuroscientific techniques makes more fine-grained inspection of differences in brain structure and function possible, we review criminals' and noncriminals' structural, functional, and behavioural lateralization to evaluate the merits of Lombroso's thesis and investigate the evidence for the biological underpinning of criminal behaviour. Although the body of research is presently small, it appears consistent with Lombroso's proposal: criminal psychopaths' brains show atypical structural asymmetries, with reduced right hemisphere grey and white matter volumes, and abnormal interhemispheric connectivity. Functional asymmetries are also atypical, with criminal psychopaths showing a less lateralized cortical response than noncriminals across verbal, visuo-spatial, and emotional tasks. Finally, the incidence of non-right-handedness is higher in criminal than non-criminal populations, consistent with reduced cortical lateralization. Thus despite Lombroso's comparatively primitive and inferential research methods, his conclusion that criminals' lateralization differs from that of noncriminals is borne out by the neuroscientific research. How atypical cortical asymmetries predispose criminal behaviour remains to be determined.

Original article Latent classes of criminal intent associated with criminal behaviour

Directory of Open Access Journals (Sweden)

Daniel Boduszek

2014-07-01

Full Text Available Background This study aimed to examine the number of latent classes of criminal intent that exist among prisoners and to look at the associations with recidivism, number of police arrests, type of offending (robbery, violent offences, murder, and multiple offences, and age. Participants and procedure Latent class analysis was used to identify homogeneous subgroups of prisoners based on their responses to the 10 questions reflecting criminal intent. Participants were 309 male recidivistic prisoners incarcerated in a maximum security prison. Multinomial logistic regression was used to interpret the nature of the latent classes, or groups, by estimating the association between recidivism and latent classes of criminal intent while controlling for offence type (robbery, violent offences, murder, and multiple offences, number of arrests, and age. Results The best fitting latent class model was a three-class solution: ‘High criminal intent’ (49.3%, ‘Intermediate criminal intent’ (41.3%, and ‘Low criminal intent’ (9.4%. The latent classes were differentially related to the external variables (recidivism, violent offences, and age. Conclusions Criminal intent is best explained by three homogeneous classes that appear to represent an underlying continuum. Future work is needed to identify whether these distinct classes of criminal intent may predict engagement in various types of criminal behaviour.

76 FR 60017 - Technical Conference on Penalty Guidelines; Notice of Technical Conference on Penalty Guidelines

Science.gov (United States)

2011-09-28

... Conference on Penalty Guidelines; Notice of Technical Conference on Penalty Guidelines The staff of the... the Penalty Guidelines, which the Commission issued on September 17, 2010.\\1\\ The conference will be... impact of the Penalty Guidelines on compliance and enforcement matters. More information on the topics to...

Teaching about the Death Penalty.

Science.gov (United States)

Ryan, John Paul; Eden, John Michael

1998-01-01

Examines the reasons for the death penalty, the reasons why the death penalty attracts so much attention, whether the death penalty is applied consistently, and the evidence that the application of the death penalty may be racially biased. Provides an accompanying article on "Teaching Ideas" by Ronald A. Banaszak. (CMK)

Enforcement and judicial review

International Nuclear Information System (INIS)

Anon.

1991-01-01

The 1990 Amendments to the enforcement provisions of the Clean Air Act generally give the Administrator and the courts broader powers to enforce the substantive provisions of the Act. The changes include wider applicability of civil sanctions, increased criminal penalties, broader emergency powers, broader inspection powers, and increased citizen involvement in enforcement and administrative decisionmaking. Another significant change is the addition of an administrative penalty scheme that would allow EPA to use streamlined procedures to assess administrative penalties of up to $200,000 (or more, in some cases). Furthermore, the Amendments extend the prohibition against entering into government contracts with violators to other facilities owned or operated by the convicted person. This chapter summarizes the statutory enforcement provisions of the Clean Air Act. It covers the new civil and criminal enforcement provisions, the new administrative penalty scheme, and the new provisions allowing broader public involvement in enforcement proceedings

The definition of the sources of the criminal law

Directory of Open Access Journals (Sweden)

Анна Суренівна Сохікян

2016-01-01

Full Text Available Problem setting. The article investigates the notion of the sources of criminal law. The approaches to definition of the source of law are analyzed. On the basis of fundamental research of the current legislation inUkraine selected characteristics of the sources of criminal law. Using the inductive study method is the definition of sources of criminal law. Recent research and publications. Obviously, the concept itself is not able entirely to solve the highlighted problem. Moreover, the identification of sources of criminal law is only possible through the selection of some traits from the concept. After all, the concept of "source of criminal law" is the species concept in relation to sources of law in General. As with any concept in science, it must be based on theoretical concepts. Paper objective. From our point of view, the answer to the question about the range of sources of criminal law can be based exclusively on the clarification of the concepts and features of this source. In other words, only the phenomenon, which will fully meet all scientific indications of the sources of criminal law, and can only be attributed to them. Paper main body. Given the above, the purpose of this article is the definition of "source of criminal law". Applying the inductive method of knowledge and doctrinal analysis of the formal and material sources of criminal law, we can distinguish a number of characteristics by which we define the concept of "source of criminal law". A generalization of the existing points of view on the problem of the sources of law has led scientists to believe that it refers to: 1 factor, from which derives the right, the source of knowledge of law; 2 the basis from which comes the right; 3 that contains the right, meaning the standards set or fixed at a certain stage of a dominant class; the material conditions of society; 4 the form or method of formation, occurrence and expression of the rule of law, what should the mandatory

Increased Executive Functioning, Attention, and Cortical Thickness in White-Collar Criminals

Science.gov (United States)

Raine, Adrian; Laufer, William S.; Yang, Yaling; Narr, Katherine L.; Thompson, Paul; Toga, Arthur W.

2011-01-01

Very little is known on white collar crime and how it differs to other forms of offending. This study tests the hypothesis that white collar criminals have better executive functioning, enhanced information processing, and structural brain superiorities compared to offender controls. Using a case-control design, executive functioning, orienting, and cortical thickness was assessed in 21 white collar criminals matched with 21 controls on age, gender, ethnicity, and general level of criminal offending. White collar criminals had significantly better executive functioning, increased electrodermal orienting, increased arousal, and increased cortical gray matter thickness in the ventromedial prefrontal cortex, inferior frontal gyrus, somatosensory cortex, and the temporal-parietal junction compared to controls. Results, while initial, constitute the first findings on neurobiological characteristics of white-collar criminals It is hypothesized that white collar criminals have information-processing and brain superiorities that give them an advantage in perpetrating criminal offenses in occupational settings. PMID:22002326

Administrative prejudgment in the Russian criminal law

Directory of Open Access Journals (Sweden)

Akhat Akhnafovich Yunusov

2015-03-01

Full Text Available Objective basing on the research of formation and development of the administrative prejudgment in the Russian criminal law and comparativelegal analysis of this institution as well as the longterm experience in crime investigation to trace the problems and trends of administrative prejudgment and prove the necessity to introduce or to be more precise legalize the administrative prejudgment in the Russian criminal law. Methods the research is based on the general dialectic method of cognition comparative historical formaljuridical methods as well as special and privatelegal methods of research. Results analysis of the main problems and collisions of administrative prejudgment in the Russian criminal law the doctrine and the practice of implementation of this institution can become the basis for legalization of the administrative prejudgment in the Russian criminal law and implementing it for the crimes stipulated in the Special part of the Russian Criminal Code if they are of low or middle gravity and committed intentionally those most often occurred. The article studies the institution of the administrative prejudgment in the Russian criminal law since 1922 until present. Various researchersrsquo opinions are given for and against returning of this institution. Taking into account the criminological indicators the authors express their own opinion on legalization of the administrative prejudgment. Scientific novelty having abandoned the formal approach to the institution of the administrative prejudgment both in the Russian criminal law and in the foreign laws the authors believe that the criminal personality should be the central factor of the administrative prejudgment legalization. In this context the authors state the direct connection between the personal features of a criminal including their inclination to immoral and illegal behavior and the crime committed by them. Practical value the theoretical conclusions formulated in the research

40 CFR 403.10 - Development and submission of NPDES State pretreatment programs.

Science.gov (United States)

2010-07-01

... AGENCY (CONTINUED) EFFLUENT GUIDELINES AND STANDARDS GENERAL PRE-TREAT-MENT REGULATIONS FOR EXIST-ING AND... Industrial User is in compliance with Pretreatment Standards; (iv) Seek civil and criminal penalties, and...

Primal and Dual Penalty Methods for Contact Problems with Geometrical Non-linearities

Czech Academy of Sciences Publication Activity Database

Vondrák, V.; Dostál, Z.; Dobiáš, Jiří; Pták, Svatopluk

-, č. 5 (2005), s. 449-450 ISSN 1617-7061. [GAMM Annual Meeting 2005. Luxembourg, 28.03.2005-01.04.2005] R&D Projects: GA ČR(CZ) GA101/05/0423 Institutional research plan: CEZ:AV0Z20760514 Keywords : primal penalty * dual penalty * contact problem Subject RIV: BA - General Mathematics

Criminal Misdemeanor: Novels of the Russian Criminal Legislation and Questions of Its Improvement​

Directory of Open Access Journals (Sweden)

Yurchenko Irina A.

2018-03-01

Full Text Available The article is devoted to the problem of legally securing in the Criminal Code of the Russian Federation the concept of a criminal misdemeanor. On the basis of doctrinal provisions, Russian and foreign criminal legislation, the concept of a criminal misdemeanor is investigated, its relation to an insignificant act is analyzed, and the category of administrative prejudice is analyzed. The Author justifies the position according to which criminal misdemeanor cannot be a kind of crime of little gravity. It is concluded that a group of crimes with administrative prejudice, regardless of their category, should be classified as a criminal misdemeanor. With regard to this type of socially dangerous acts, the criminal law proposes to use the term “criminal misdemeanor”. An approach is presented to the establishment in the Criminal Code of the Russian Federation of a preferential criminal law regime for criminal misdemeanor: the unpunishable assassination and complicity in such a crime, the absence of aggregate and relapse, if one of the crimes is small, the reduction of the statute of limitations, the recognition of the person who committed such an act is unacceptable.

Death Penalty and Happiness in States. Was Jeremy Bentham right?

Directory of Open Access Journals (Sweden)

Maarten Berg

2010-07-01

Full Text Available Jeremy Bentham is best known as the founding father of utilitarianism, a moral philosophy that values ‘happiness’ more than all other goals in life. According to this creed, policies should be directed at ‘the greatest happiness for the greatest number’. Besides formulating this general principle, Bentham wrote about several specific topics including the death penalty, which he passionately opposed. He did so, however, without applying his own utilitarian method. In this article the relationship between death penalty and happiness is studied empirically. Average happiness of citizens is compared in states with and without death penalty. Comparisons are made across 127 nation states in the early 2000s and among 47 federal states within the US over the years 1970-2000. The results show that Bentham, from the perspective of his own ethical philosophy, was too negative about the death penalty. It hardly undermines the happiness of nation states and it does not undermine the happiness of American states at all. If one opposes the death penalty, it should be done for non-utilititarian reasons.

Invited Address: James Joyce, Alice in Wonderland, the Rolling Stones, and Criminal Careers

Science.gov (United States)

Piquero, Alex R.

2011-01-01

The study of criminal careers generally, and patterns of continuity and change in criminal offending in particular, has been a long-standing interest to social scientists across many disciplines. This article provides readers with an overview of this line of research. After an introduction to the criminal career perspective, the article presents…

Criminal Code (Amendment) (No. 2) Act, 1988, (No. 1 of 1988), 5 February 1988.

Science.gov (United States)

1988-01-01

Among other things, this Act adds the following new section to the Saint Lucia Criminal Code: "112A. Any person who commits an act of indecency with or towards a child under the age of fourteen or who incites or encourages a child under that age to commit such an act with him or with another person is liable on conviction on indictment to imprisonment for two years or on summary conviction to imprisonment for six months or to a fine not exceeding one thousand dollars." The Act also changes the criminal penalty for keeping a brothel. Henceforth a person who is guilty of the crime is subject to a fine not exceeding $5,000 or to imprisonment for twelve months. In addition, that person may be required "to enter into a recognisance with or without securities to be of good behaviour for any period not exceeding one year; and in default of compliance with such recognisance is liable to imprisonment for a further period not exceeding six months." full text

Rethinking Conceptual Definitions of the Criminal Career and Serial Criminality.

Science.gov (United States)

Edelstein, Arnon

2016-01-01

Since Cesare Lombroso's days, criminology seeks to define, explain, and categorize the various types of criminals, their behaviors, and motives. This aim has theoretical as well as policy-related implications. One of the important areas in criminological thinking focuses chiefly on recidivist offenders who perform large numbers of crimes and/or commit the most dangerous crimes in society (rape, murder, arson, and armed robbery). These criminals have been defined as "habitual offenders," "professional criminals," "career criminals," and "serial offenders." The interest in these criminals is a rational one, given the perception that they present a severe threat to society. The main challenge in this area of research is a conceptual problem that has significant effects across the field. To this day, scholars have reused and misused titles to define and explain different concepts. The aim of this article is 3-fold. First, to review the concepts of criminal career, professional crime, habitual offenses, and seriality with a critical attitude on confusing terms. Second, to propose the redefinition of concepts mentioned previously, mainly on the criminal career. Third, to propose a theoretical model to enable a better understanding of, and serve as a basis for, further research in this important area of criminology. © The Author(s) 2015.

THE PENALTY FOR THE CORRUPTOR IN THE SOCIOLOGICAL PERSFEKTIF

Directory of Open Access Journals (Sweden)

Syamsul Haling

2016-11-01

Full Text Available Sociological perfective in the many offer social sanctions can be applied in corrupt behavior result. The idea of social sanctions was proposed as a reaction against the growing number of corrupt behavior difficult resolved only through national and international legal instruments. It is time the exact type of sanctions was found to tackle corrupt behavior that are already classified as extraordinary crimes. Some ideas proposed as social sanctions to eradicate corrupt behavior i.e. criminal sanctions established on the basis of social stratification,  hint herself and family corruptor, no corpse prayer corruptor before is no guarantee of the financial returns of the State by the family of the perpetrator, serving in the corruptor's face television and penalties for disseminating the corruptor after death and as sanctions ultimatum remedied every corruptor will be charged all his deeds before God after death.

Penalties in traffic.

NARCIS (Netherlands)

2009-01-01

Traffic offenders are penalized in various ways: fines, (temporary) driving licence suspensions, confiscation of their vehicles, penalty points, mandatory participation in rehabilitation programmes, prison sentences or community service. The aim of penalties is to punish offenders, to protect

The criminal law responsibility of officials under environmental criminal law

International Nuclear Information System (INIS)

Winkelbauer, W.

1986-01-01

The legal application of environmental criminal law has attributed to office-bearers of the environmental administration a determining function in the field of criminal protection of legal objects. Criminal law shall prevent the misuse of official authority. In this connection law has to observe the limits of admissible procedure of the administration. (CW) [de

The protection of fundamental human rights in criminal process General report

NARCIS (Netherlands)

Brants, C.; Franken, Stijn

2009-01-01

This contribution examines the effect of the uniform standards of human rights in international conventions on criminal process in different countries and identifies factors inherent in national systems that influence the scope of international standards and the way in which they are implemented in

Discrimination and instructional comprehension: guided discretion, racial bias, and the death penalty.

Science.gov (United States)

Lynch, M; Haney, C

2000-06-01

This study links two previously unrelated lines of research: the lack of comprehension of capital penalty-phase jury instructions and discriminatory death sentencing. Jury-eligible subjects were randomly assigned to view one of four versions of a simulated capital penalty trial in which the race of defendant (Black or White) and the race of victim (Black or White) were varied orthogonally. Dependent measures included a sentencing verdict (life without the possibility of parole or the death penalty), ratings of penalty phase evidence, and a test of instructional comprehension. Results indicated that instructional comprehension was poor overall and that, although Black defendants were treated only slightly more punitively than White defendants in general, discriminatory effects were concentrated among participants whose comprehension was poorest. In addition, the use of penalty phase evidence differed as a function of race of defendant and whether the participant sentenced the defendant to life or death. The study suggest that racially biased and capricious death sentencing may be in part caused or exacerbated by the inability to comprehend penalty phase instructions.

CLASSIFICATION OF CRIMINAL GROUPS

OpenAIRE

Natalia Romanova

2013-01-01

New types of criminal groups are emerging in modern society.  These types have their special criminal subculture. The research objective is to develop new parameters of classification of modern criminal groups, create a new typology of criminal groups and identify some features of their subculture. Research methodology is based on the system approach that includes using the method of analysis of documentary sources (materials of a criminal case), method of conversations with themembers of the...

Page | 14 STATES' CRIMINAL JURISDICTION UNDER ...

African Journals Online (AJOL)

Fr. Ikenga

The criminal jurisdiction of a State's courts under international law is primarily territorial.25 Only under ..... Attorney General of the Government .... also P. Sands, ''After Pinochet : the role of national courts'' in P. Sands (ed) From Nuremberg to ...

49 CFR Appendix B to Part 386 - Penalty Schedule; Violations and Maximum Civil Penalties

Science.gov (United States)

2010-10-01

... Maximum Civil Penalties The Debt Collection Improvement Act of 1996 [Public Law 104-134, title III... civil penalties set out in paragraphs (e)(1) through (4) of this appendix results in death, serious... 49 Transportation 5 2010-10-01 2010-10-01 false Penalty Schedule; Violations and Maximum Civil...

11 CFR 111.39 - When must the respondent pay the civil money penalty?

Science.gov (United States)

2010-01-01

... 11 Federal Elections 1 2010-01-01 2010-01-01 false When must the respondent pay the civil money penalty? 111.39 Section 111.39 Federal Elections FEDERAL ELECTION COMMISSION GENERAL COMPLIANCE PROCEDURE... penalty? (a) If the respondent does not submit a written petition to the district court of the United...

21 CFR 7.84 - Opportunity for presentation of views before report of criminal violation.

Science.gov (United States)

2010-04-01

... report of criminal violation. 7.84 Section 7.84 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ENFORCEMENT POLICY Criminal Violations § 7.84 Opportunity for presentation of views before report of criminal violation. (a)(1) Except as provided in paragraph (a) (2) and...

Facing Facts in International Criminal Law: A Casuistic Model of Judicial Reasoning

NARCIS (Netherlands)

Cupido, M.

2016-01-01

International criminal courts (ICCs) have made a decisive contribution to the clarification of international criminal law. By interpreting generally formulated rules, the courts have elucidated the meaning of international crimes and modes of liability. However, in applying the law to individual

77 FR 55175 - Civil Penalties

Science.gov (United States)

2012-09-07

... [Docket No. NHTSA-2012-0131; Notice 1] RIN 2127-AL16 Civil Penalties AGENCY: National Highway Traffic... proposes to increase the maximum civil penalty amounts for violations of motor vehicle safety requirements... and consumer information provisions. Specifically, this proposes increases in maximum civil penalty...

75 FR 5244 - Civil Penalties

Science.gov (United States)

2010-02-02

... [Docket No. NHTSA-2009-0066; Notice 2] RIN 2127-AK40 Civil Penalties AGENCY: National Highway Traffic... civil penalty amounts for violations of motor vehicle safety requirements involving school buses, bumper... theft protection requirements. This action is taken pursuant to the Federal Civil Monetary Penalty...

30 CFR 947.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 947.845 Section 947.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE WASHINGTON § 947.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 941.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 941.845 Section 941.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE SOUTH DAKOTA § 941.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 912.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 912.845 Section 912.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE IDAHO § 912.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

30 CFR 921.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 921.845 Section 921.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE MASSACHUSETTS § 921.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 939.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 939.845 Section 939.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE RHODE ISLAND § 939.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 937.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 937.845 Section 937.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE OREGON § 937.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

30 CFR 942.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 942.845 Section 942.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE TENNESSEE § 942.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply to the assessment of civil penalties for...

30 CFR 903.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 903.845 Section 903.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE ARIZONA § 903.845 Civil penalties. Part 845 of this chapter, Civil Penalties, applies to the assessment of civil penalties for violations...

30 CFR 910.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 910.845 Section 910.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE GEORGIA § 910.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

30 CFR 922.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 922.845 Section 922.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE MICHIGAN § 922.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

30 CFR 933.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 933.845 Section 933.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE NORTH CAROLINA § 933.845 Civil penalties. Part 845 of this chaper, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 905.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 905.845 Section 905.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE CALIFORNIA § 905.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply to the assessment of civil penalties for...

12 CFR 411.405 - Penalty procedures.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Penalty procedures. 411.405 Section 411.405 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES NEW RESTRICTIONS ON LOBBYING Penalties and Enforcement § 411.405 Penalty procedures. Agencies shall impose and collect civil penalties pursuant to the...

77 FR 70710 - Civil Penalties

Science.gov (United States)

2012-11-27

... [Docket No. NHTSA-2012-0131; Notice 2] RIN 2127-AL16 Civil Penalties AGENCY: National Highway Traffic... civil penalty amounts for violations of motor vehicle safety requirements for the National Traffic and... provisions. Specifically, this increases the maximum civil penalty amounts for single violations of motor...

Sinogram restoration in computed tomography with an edge-preserving penalty

Energy Technology Data Exchange (ETDEWEB)

Little, Kevin J., E-mail: little@uchicago.edu; La Rivière, Patrick J. [Department of Radiology, The University of Chicago, Chicago, Illinois 60637 (United States)

2015-03-15

to the contrast across the edge. This presents some disadvantages of this method relative to image-domain edge-preserving methods, although the computational burden of the sinogram-domain approach is much lower. For a helical cone-beam geometry, we found applying sinogram restoration in 3D was reasonable and that pitch did not make a significant difference in the general effect of sinogram restoration. The application of Huber-penalty sinogram restoration to clinical data resulted in a reconstruction with less noise while retaining resolution. Conclusions: Sinogram restoration with the Huber penalty is able to provide better resolution-noise performance than restoration with a quadratic penalty. Additionally, sinogram restoration with the Huber penalty is feasible for helical cone-beam CT and can be applied to clinical data.

Invited address: James Joyce, Alice in Wonderland, The Rolling Stones, and criminal careers.

Science.gov (United States)

Piquero, Alex R

2011-07-01

The study of criminal careers generally, and patterns of continuity and change in criminal offending in particular, has been a long-standing interest to social scientists across many disciplines. This article provides readers with an overview of this line of research. After an introduction to the criminal career perspective, the article presents several 'facts' that have emerged from criminal career studies. This material segues into a discussion of theories based on criminal careers research as well as a related discussion of the emerging methods and trends in the area. The article closes with some observations about public policy with respect to criminal careers knowledge and identifies some neglected research needs. A key summary conclusion is that the processes associated with continuity and change are not mutually exclusive, but instead are important and complimentary aspects of criminal careers research.

75 FR 79978 - Civil Penalties

Science.gov (United States)

2010-12-21

... [Docket No. NHTSA-2010-0114; Notice 2] RIN 2127-AK78 Civil Penalties AGENCY: National Highway Traffic... civil penalty amounts for related series of violations of the National Traffic and Motor Vehicle Safety... Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as amended by the Debt Collection...

75 FR 49879 - Civil Penalties

Science.gov (United States)

2010-08-16

... [Docket No. NHTSA-2010-0114; Notice 1] RIN 2127-AK78 Civil Penalties AGENCY: National Highway Traffic... proposes to increase the maximum civil penalty amounts for violations covering a related series of... action would be taken pursuant to the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as...

Boundedness and convergence of online gradient method with penalty for feedforward neural networks.

Science.gov (United States)

Zhang, Huisheng; Wu, Wei; Liu, Fei; Yao, Mingchen

2009-06-01

In this brief, we consider an online gradient method with penalty for training feedforward neural networks. Specifically, the penalty is a term proportional to the norm of the weights. Its roles in the method are to control the magnitude of the weights and to improve the generalization performance of the network. By proving that the weights are automatically bounded in the network training with penalty, we simplify the conditions that are required for convergence of online gradient method in literature. A numerical example is given to support the theoretical analysis.

33 CFR 401.102 - Civil penalty.

Science.gov (United States)

2010-07-01

... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Civil penalty. 401.102 Section... TRANSPORTATION SEAWAY REGULATIONS AND RULES Penalties-Violations of Seaway Regulations § 401.102 Civil penalty. (a) A person, as described in § 401.101(b), who violates a regulation is liable to a civil penalty of...

An Outline of the New Norwegian Criminal Code

Directory of Open Access Journals (Sweden)

Jørn Jacobsen

2015-12-01

Full Text Available This article gives an overview of the new criminal code, its background and content. It maps out the code’s background, the legislative process and central ideas. Furthermore, the article gives an outline of the general criteria for criminal responsibility according to the code, the offences and forms of punishment and other reactions. The article emphasises the most important changes from the previous code of 1902. To some degree, strengths and weaknesses of the new code are addressed.

Framing in criminal investigation

Science.gov (United States)

2016-01-01

Failures in criminal investigation may lead to wrongful convictions. Insight in the criminal investigation process is needed to understand how these investigative failures may rise and how measures can contribute to the prevention of this kind of failures. Some of the main findings of an empirical study of the criminal investigation process in four cases of major investigations are presented here. This criminal investigation process is analyzed as a process of framing, using Goffman's framing (Goffman, 1975) and interaction theories (Goffman, 1990). It shows that in addition to framing, other substantive and social factors affect the criminal investigation. PMID:29046594

12 CFR 411.400 - Penalties.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Penalties. 411.400 Section 411.400 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES NEW RESTRICTIONS ON LOBBYING Penalties and Enforcement § 411.400 Penalties. (a) Any person who makes an expenditure prohibited herein shall be subject to a...

21 CFR 7.85 - Conduct of a presentation of views before report of criminal violation.

Science.gov (United States)

2010-04-01

... of criminal violation. 7.85 Section 7.85 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ENFORCEMENT POLICY Criminal Violations § 7.85 Conduct of a presentation of views before report of criminal violation. (a) The presentation of views shall be heard by a...

Dynamical analysis of a model of social behavior: Criminal vs non-criminal population

International Nuclear Information System (INIS)

Abbas, Syed; Tripathi, Jai Prakash; Neha, A.A.

2017-01-01

Highlights: • A new social model of interaction between criminal and non-criminal population is proposed • The effect of law enforcement is studied • Many real life situations are analyzed • List of open problems is given for future work. - Abstract: In this paper, we construct a model motivated by the well known predator-prey model to study the interaction between criminal population and non-criminal population. Our aim is to study various possibilities of interactions between them. First we model it using simple predator-prey model, then we modify it by considering the logistic growth of non-criminal population. We clearly deduce that the model with logistic growth is better than classical one. More precisely, the role of carrying capacity on the dynamics of criminal minded population is discussed. Further, we incorporate law enforcement term in the model and study its effect. The result obtained suggest that by incorporating enforcement law, the criminal population reduces from the very beginning, which resembles with real life situation. Our result indicates that the criminal minded population exist as long as coefficient of enforcement l_c does not cross a threshold value and after this value the criminal minded population extinct. In addition, we also discuss the occurrence of saddle-node bifurcation in case of model system with law enforcement. Numerical examples and simulations are presented to illustrate the obtained results.

Parading (Tashhir Penalty in Old Ottoman

Directory of Open Access Journals (Sweden)

Ahmet KILINÇ

2015-08-01

Full Text Available The aim of this essay is to determine which crimes were punished with tasshir, how its procedure was, how it changed and which type of penalty it was, in Old Ottoman. In principle, parading penalty (tashhir is a ta’zir punishment that means discretionary, corrective punishment. In addition this punishment was carried out as a complementary (tekmili penalty, additional (tebei penalty and psychological (nefsi penalty in old Ottoman . In principle, this punishment was legal and it was executed to everyone in public. In Ottoman State, twelve crimes were punished with parading penalty. These are being false witness, being a pander, beating, behaving immorally, rebeling, making environme ntal pollution, waylaying, and stealing, damaging national monopoly, not performing religious duties, drunkenness and not performing army duties.

Are batterers different from other criminals? An fMRI study

Science.gov (United States)

Verdejo-Román, Juan; Contreras-Rodríguez, Oren; Carmona-Perera, Martina; Pérez-García, Miguel; Hidalgo-Ruzzante, Natalia

2016-01-01

Abstract Intimate partner violence (IPV) is a complex and global phenomenon that requires a multi-perspective analysis. Nevertheless, the number of neuroscientific studies conducted on this issue is scarce as compared with studies of other types of violence, and no neuroimaging studies comparing batterers to other criminals have been conducted. Thus, the main aim of this study was to compare the brain functioning of batterers to that of other criminals when they are exposed to IPV or general violence pictures. An fMRI study was conducted in 21 batterers and 20 other criminals while they observed IPV images (IPVI), general violence images (GVI) and neutral images (NI). Results demonstrated that batterers, compared with other criminals, exhibited a higher activation in the anterior and posterior cingulate cortex and in the middle prefrontal cortex and a decreased activation in the superior prefrontal cortex to IPVI compared to NI. The paired t-test comparison between IPVI and GVI for each group showed engagement of the medial prefrontal cortex, the posterior cingulate and the left angular cortices to IPVI in the batterer group only. These results could have important implications for a better understanding of the IPV phenomenon. PMID:26884544

El fleteo: "la abstracción de un riesgo criminal". Una experiencia de inteligencia criminal

Directory of Open Access Journals (Sweden)

Héctor Alfredo Amaya Cristancho

2014-04-01

Full Text Available Problema. El fleteo se percibe como un peligro, porque no se dispone de un esquema racional y contingente para la toma de decisiones en materia de seguridad pública. Metodología. Ante tal situación, se hizo necesario identificar las características del fleteo como riesgo criminal contra la seguridad pública, mediante las teorías de la sociología del riesgo y la construcción social de la realidad. Para ello, se usó la metodología de los tipos ideales como guía para la recolección y análisis de información, por lo que se aplicaron diversas técnicas, como consulta documental, entrevistas, encuesta, grupos focales, análisis de caso y mentefacto conceptual. Resultados. Esto permitió distinguir y caracterizar el fleteo como riesgo criminal, fragmento de la realidad del que se ocupa la inteligencia criminal, y finalmente se identificaron algunos daños contra la seguridad pública. Conclusiones. La teoría del riesgo por lo general no se concibe aplicada a la seguridad pública. Por ello, se presenta la inteligencia criminal como una disciplina que se ocupa de anticipar los riesgos criminales contra la seguridad pública. Esto permitiría disminuir la incertidumbre durante la toma de decisiones y calcular los daños contra la seguridad pública, que se pretende prevenir.

26 CFR 1.6664-4 - Reasonable cause and good faith exception to section 6662 penalties.

Science.gov (United States)

2010-04-01

... THE TREASURY (CONTINUED) INCOME TAX (CONTINUED) INCOME TAXES Additions to the Tax, Additional Amounts... penalty attributable to a substantial understatement of income tax (within the meaning of section 6662(d... penalty attributable to tax shelter items of corporations.) Generally, the most important factor is the...

42 CFR 3.408 - Factors considered in determining the amount of a civil money penalty.

Science.gov (United States)

2010-10-01

... civil money penalty. 3.408 Section 3.408 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL PROVISIONS PATIENT SAFETY ORGANIZATIONS AND PATIENT SAFETY WORK PRODUCT Enforcement Program § 3.408 Factors considered in determining the amount of a civil money penalty. In...

Criminal-legal prohibitions in the soviet juridical discourse

Directory of Open Access Journals (Sweden)

Andrey V. Skorobogatov

2014-01-01

Full Text Available Objective to determine the place of criminal law prohibitions in the formation development and functioning of the Soviet legal discourse. Methods dialectic approach to the research of social phenomena which allows to analyze them in historical development and functioning in the context of the unity of the objective and subjective factors as well as postmodern paradigm giving the opportunity to explore the legal reality at different levels including the lawinterpretation one. Dialectical approach and postmodern paradigm have determined the choice of specific research methods comparative hermeneutics discursive formally legal. Results basing on the analysis of normativelegal acts regulating criminal legal relations in the USSR the development of the Soviet criminal law was considered since its emergence to termination of existence. Conclusion on its restrictive nature was made which was in line with the main task of this sector of law ndash the protection of the Soviet system and socialist property from criminal encroachments. The normative regulatory basis of criminal law prohibitions determined the general nature of the Soviet legal discourse which was designed to prove the necessity and expediency of such means of protecting public and state interests in the period of building communism. Scientific novelty on the basis of use of the complex classical and postclassical methods the article for the first time studies the role of criminal law prohibitions in the development of Soviet legal discourse. Practical value the key issues and conclusions of the article can be used in scientific and pedagogical activity while researching the issues of the nature and trends of development of the Soviet criminal law.

33 CFR 1.07-65 - Hearing Officer's decisions.

Science.gov (United States)

2010-07-01

... GENERAL GENERAL PROVISIONS Enforcement; Civil and Criminal Penalty Proceedings § 1.07-65 Hearing Officer's... is without prejudice to the District Commander's right to refile the case and have it reheard if... of the right to an administrative appeal. The party is advised that failure to submit an appeal...

49 CFR 216.7 - Penalties.

Science.gov (United States)

2010-10-01

... hazard of death or injury to persons, or has caused death or injury, a penalty not to exceed $100,000 per... 49 Transportation 4 2010-10-01 2010-10-01 false Penalties. 216.7 Section 216.7 Transportation... § 216.7 Penalties. Any person (an entity of any type covered under 1 U.S.C. 1, including but not limited...

Long-term Consequences of Childhood ADHD on Criminal Activities*

OpenAIRE

Fletcher, Jason; Wolfe, Barbara

2009-01-01

The question of whether childhood mental illness has long term consequences in terms of criminal behavior has been little studied, yet it could have major consequences for both the individual and society more generally. In this paper, we focus on Attention-Deficit/Hyperactivity Disorder (ADHD), one of the most prevalent mental conditions in school-age children, to examine the long-term effects of childhood mental illness on criminal activities, controlling for a rich set of individual, family...

76 FR 71431 - Civil Penalty Calculation Methodology

Science.gov (United States)

2011-11-17

... DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Civil Penalty Calculation... is currently evaluating its civil penalty methodology. Part of this evaluation includes a forthcoming... civil penalties. UFA takes into account the statutory penalty factors under 49 U.S.C. 521(b)(2)(D). The...

CRIMINAL LAW PROTECTION OF DATABASE AT A GLANCE

Directory of Open Access Journals (Sweden)

LUCIAN T. POENARU

2012-05-01

Full Text Available Database protection is provided in Romania by the general law on copyright no. 8/1996. According to the law, it is considered to be a crime making available to the public, by any means, the special rights attributed to database owners or copies thereof. This paper will focus on, one hand, presenting the way database and database related products can be subject to a copyright general protection and, on the other, revealing the special sui generis right attributed to database owners. In such a context, criminal instruments for protecting such rights seem to be quite annoying for the perpetrator, but less effective when it comes to a proper enforcement by the criminal bodies. This paper will therefore try to compare the way guilty actions of the culprit are effectively sanctioned by the criminal instruments provided by the law.And because the Romanian law on copyright does follow at least the letter of the European Directives on copyright and the protection of database, this paper will also search the spirit of the relevant European case-law and its applicability by the Romanian authorities.

Criminal Justice Transitions

OpenAIRE

McAra, Lesley; McVie, Susan

2007-01-01

This report explores transitions into the adult criminal justice system amongst a large cohort of young people who were involved in the Edinburgh Study of Youth Transitions and Crime. It includes: a description of patterns of criminal convictions and disposals for young people up to age 19 (on average); an examination of the characteristics and institutional histories of cohort members with a criminal record as compared with youngsters with no such record; and an exploration of the profile of...

Excess Readmission vs Excess Penalties: Maximum Readmission Penalties as a Function of Socioeconomics and Geography.

Science.gov (United States)

Caracciolo, Chris; Parker, Devin; Marshall, Emily; Brown, Jeremiah

2017-08-01

The Hospital Readmission Reduction Program (HRRP) penalizes hospitals with "excess" readmissions up to 3% of Medicare reimbursement. Approximately 75% of eligible hospitals received penalties, worth an estimated $428 million, in fiscal year 2015. To identify demographic and socioeconomic disparities between matched and localized maximum-penalty and no-penalty hospitals. A case-control study in which cases included were hospitals to receive the maximum 3% penalty under the HRRP during the 2015 fiscal year. Controls were drawn from no-penalty hospitals and matched to cases by hospital characteristics (primary analysis) or geographic proximity (secondary analysis). A selectiion of 3383 US hospitals eligible for HRRP. Thirty-nine case and 39 control hospitals from the HRRP cohort. Socioeconomic status variables were collected by the American Community Survey. Hospital and health system characteristics were drawn from Centers for Medicare and Medicaid Services, American Hospital Association, and Dartmouth Atlas of Health Care. The statistical analysis was conducted using Student t tests. Thirty-nine hospitals received a maximum penalty. Relative to controls, maximum-penalty hospitals in counties with lower SES profiles are defined by increased poverty rates (19.1% vs 15.5%, = 0.015) and lower rates of high school graduation (82.2% vs 87.5%, = 0.001). County level age, sex, and ethnicity distributions were similar between cohorts. Cases were more likely than controls to be in counties with low socioeconomic status; highlighting potential unintended consequences of national benchmarks for phenomena underpinned by environmental factors; specifically, whether maximum penalties under the HRRP are a consequence of underperforming hospitals or a manifestation of underserved communities. © 2017 Society of Hospital Medicine

21 CFR 7.87 - Records related to opportunities for presentation of views conducted before report of criminal...

Science.gov (United States)

2010-04-01

... of views conducted before report of criminal violation. 7.87 Section 7.87 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ENFORCEMENT POLICY Criminal... criminal violation. (a) Records related to a section 305 opportunity for presentation of views constitute...

Strain, Negative Emotions, and Level of Criminality Among Chinese Incarcerated Women.

Science.gov (United States)

Sun, Ivan Y; Luo, Haishan; Wu, Yuning; Lin, Wen-Hsu

2016-05-01

General strain theory (GST) has been one of the most frequently tested criminological theories. According to GST, strain tends to generate negative emotions, which create pressures for corrective action, such as crime and delinquency. Although GST has received strong empirical support, one under-addressed issue is the lack of diversity in sampling population in assessing the generalizability of the theory. Using survey data collected from 335 incarcerated women in four Chinese prisons, this study examined the impact of strain and negative emotions on the level of female criminality. The strain variable, physical abuse, and discrimination, exerted a positive effect on female inmates' levels of criminality, whereas negative emotions were not significantly related to female criminality. Two control variables, age of current offense and educational attainment, were predictive of female criminality, with younger and less-educated women having more serious criminality. Implications for future research and policy are discussed. © The Author(s) 2015.

LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

Directory of Open Access Journals (Sweden)

Rodica Diana APAN

2014-06-01

Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.

42 CFR 488.432 - Civil money penalties: When a penalty is collected.

Science.gov (United States)

2010-10-01

... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: When a penalty is collected... PROCEDURES Enforcement of Compliance for Long-Term Care Facilities with Deficiencies § 488.432 Civil money... hearing on the determination of the noncompliance that is the basis for imposition of the civil money...

12 CFR 622.61 - Adjustment of civil money penalties by the rate of inflation under the Federal Civil Penalties...

Science.gov (United States)

2010-01-01

... civil money penalties by the rate of inflation under the Federal Civil Penalties Inflation Adjustment... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Adjustment of civil money penalties by the rate of inflation under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. 622.61...

24 CFR 81.83 - Civil money penalties.

Science.gov (United States)

2010-04-01

... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Civil money penalties. 81.83... § 81.83 Civil money penalties. (a) Imposition. The Secretary may impose a civil money penalty on a GSE... writing of the Secretary's determination to impose a civil money penalty by issuing a Notice of Intent to...

Criminal Justice in America.

Science.gov (United States)

Croddy, Marshall; And Others

An introduction to criminal law, processes, and justice is provided in this high school level text. Content is divided into six chapters, each treating a particular aspect of criminal procedure and the social and political issues surrounding it. Chapter 1 considers the criminal, the effects of crime on its victims, and legislation to aid victims.…

49 CFR 233.11 - Civil penalties.

Science.gov (United States)

2010-10-01

... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalties. 233.11 Section 233.11..., DEPARTMENT OF TRANSPORTATION SIGNAL SYSTEMS REPORTING REQUIREMENTS § 233.11 Civil penalties. Any person (an... subject to a civil penalty of at least $650 and not more than $25,000 per violation, except that...

75 FR 79065 - Privacy Act of 1974, as Amended; Proposed System of Records and Routine Use Disclosures

Science.gov (United States)

2010-12-17

... includes management and profile information, such as blocked accounts, failed access data, effective date... to which criminal penalties attach; and (b) Representing the Commissioner; or (c) Investigating... the criminal penalties that apply to an unauthorized access to, or disclosure of, PII. Employees and...

A news media analysis of the economic and reputational penalties of the hospital readmissions reduction program.

Science.gov (United States)

Winborn, Melissa S; Alencherril, Joyce; Pagán, José A

2014-01-01

Section 3025 of the Affordable Care Act (ACA) of 2010 established the Hospital Readmissions Reduction Program (HRRP), an initiative designed to penalize hospitals with excess 30-day readmissions. This study investigates whether readmission penalties under HRRP impose significant reputational effects on hospitals. Data extracted from 2012 to 2013 news stories suggest that the higher the actual penalty, the higher the perceived cost of the penalty, the more likely it is that hospitals will state they have no control over the low-income patients they serve or that they will describe themselves as safety net providers. The downside of being singled out as a low-quality hospital deserving a relatively high penalty seems to be larger than the upside of being singled out as a high-quality hospital facing a relatively low penalty. Although the financial burden of the penalties seems to be low, hospitals may be reacting to the fact that information about excess readmissions and readmission penalties is being released widely and is scrutinized by the news media and the general public. © The Author(s) 2014.

The Protection of the Right to Life in the New Criminal Code

Directory of Open Access Journals (Sweden)

Lavinia Mihaela Vladila

2011-05-01

Full Text Available The present article illustrates general aspects of the actual regulation on the protection of the rightto life, in comparison with the new regulation, which shall be analyzed more carefully. The paper is based onthe study of the new Criminal Code, emphasizing the most important differences between the actualregulation and the new Criminal Code, and the few texts elaborated in this area. The approach of the subjectis a more practical one, because few texts were written about the new Criminal Code, at the moment of itsentrance into force, the doctrinaires will need to know the differences and the innovations brought by it. Theresult is meant to increase the understanding of the new text and to enrich the analysis and synthesis of thenew Criminal Code.

Criminal Code, Federal District, 16 February 1971.

Science.gov (United States)

1988-01-01

Article 320 of the Criminal Code of the Federal District of Mexico defines "abortion" as the death of the conceptus at any time during pregnancy. Articles 320-32 specify penalties for inducing abortion, and Articles 333-34 exempt punishment if the abortion resulted from failure of the woman to take proper care, if the pregnancy was the result of rape, or if the pregnancy endangered the life of the woman. The abortion provisions of the criminal codes of the Mexican states of Baja California, Chiapas, Mexico, Sinoala, Sonora, Tabasco, and Tamaulipas are nearly identical to those of the Federal District Code. Certain states also give immunity from prosecution for abortion 1) if the pregnancy resulted from artificial insemination neither requested or assented to by the woman, provided that the abortion is carried out within the first 90 days of pregnancy; 2) if there is good reason to believe that the unborn child suffers from severe physical or mental disabilities of genetic or congenital origin; 3) if the health of the woman would be seriously jeopardized by the pregnancy, and 4) if the abortion is carried out for serious and substantiated economic reasons in cases where the woman has at least three children. Guanajuato and Queretaro allow abortions only when the pregnancy is the result of rape. Guerrero authorizes abortions only when the pregnancy is the result of rape, when the pregnancy results from an unlawful artificial insemination, or for eugenic reasons. Hidalgo, Nuevo Leon, and San Luis Potosi allows abortions only when the pregnancy is the result of rape or when the continuation of the pregnancy would seriously jeopardize the woman's health. In Chihuahua, Coahuila, Durango, Oaxaca, and Veracruz, abortions allowed because the pregnancy resulted from rape must be performed in the first 90 days of pregnancy.

33 CFR 1.07-70 - Right to appeal.

Science.gov (United States)

2010-07-01

... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Right to appeal. 1.07-70 Section 1.07-70 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY GENERAL GENERAL PROVISIONS Enforcement; Civil and Criminal Penalty Proceedings § 1.07-70 Right to appeal. (a) Any appeal from...

33 CFR 1.07-40 - Counsel.

Science.gov (United States)

2010-07-01

... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Counsel. 1.07-40 Section 1.07-40 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY GENERAL GENERAL PROVISIONS Enforcement; Civil and Criminal Penalty Proceedings § 1.07-40 Counsel. A party has the right to be represented...

50 CFR 300.40 - Civil penalties.

Science.gov (United States)

2010-10-01

... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Civil penalties. 300.40 Section 300.40... South Pacific Tuna Fisheries § 300.40 Civil penalties. The procedures of 15 CFR part 904 apply to the assessment of civil penalties, except as modified by the requirements of section 8 of the Act. ...

7 CFR 1435.201 - Civil penalties.

Science.gov (United States)

2010-01-01

... 7 Agriculture 10 2010-01-01 2010-01-01 false Civil penalties. 1435.201 Section 1435.201... Recordkeeping Requirements § 1435.201 Civil penalties. (a) Any processor, refiner, or importer of sugar, syrup... false data required under § 1435.200(a) through (e), is subject to a civil penalty of no more than $10...

22 CFR 127.10 - Civil penalty.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Civil penalty. 127.10 Section 127.10 Foreign... Civil penalty. (a) The Assistant Secretary of State for Political-Military Affairs is authorized to impose a civil penalty in an amount not to exceed that authorized by 22 U.S.C. 2778, 2779a and 2780 for...

10 CFR 110.64 - Civil penalty.

Science.gov (United States)

2010-01-01

... 10 Energy 2 2010-01-01 2010-01-01 false Civil penalty. 110.64 Section 110.64 Energy NUCLEAR... Enforcement § 110.64 Civil penalty. (a) In response to a violation, the Commission may institute a proceeding to impose a civil penalty under section 234 of the Atomic Energy Act by issuing a notice to the...

10 CFR 1017.29 - Civil penalty.

Science.gov (United States)

2010-01-01

... 10 Energy 4 2010-01-01 2010-01-01 false Civil penalty. 1017.29 Section 1017.29 Energy DEPARTMENT... INFORMATION Violations § 1017.29 Civil penalty. Link to an amendment published at 74 FR 66033, Dec. 14, 2009... subject to a civil penalty under this part: (1) 10 CFR Part 1017—Identification and Protection of...

12 CFR 215.11 - Civil penalties.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 2 2010-01-01 2010-01-01 false Civil penalties. 215.11 Section 215.11 Banks... OFFICERS, DIRECTORS, AND PRINCIPAL SHAREHOLDERS OF MEMBER BANKS (REGULATION O) § 215.11 Civil penalties... subject to civil penalties as specified in section 29 of the Federal Reserve Act (12 U.S.C. 504). [Reg. O...

39 CFR 233.12 - Civil penalties.

Science.gov (United States)

2010-07-01

... 39 Postal Service 1 2010-07-01 2010-07-01 false Civil penalties. 233.12 Section 233.12 Postal... Civil penalties. False representation and lottery orders— (a) Issuance. Pursuant to 39 U.S.C. 3005, the... be liable to the United States for a civil penalty in an amount not to exceed $11,000 for each day...

THE URGENCY OF THE CRIMINAL POLICY IN CRIME MITIGATION POLICE PROFESSION

Directory of Open Access Journals (Sweden)

Ridwan Tahir

2016-12-01

Full Text Available This article aims to reveal the characteristics of the crimes committed by the police in general, and then continued by asserting the main orientation of the criminal policy in crime prevention. Next, will be discussed more specifically about the urgency of the criminal policy in the prevention of the crimes committed by the police. This paper, presented using data and information from literature sources, then analyzed qualitatively with decomposition descriptive and prescriptive analytics. The focus of the discussion of this article will be directed to the issue of urgency criminal policy in relation to the role of agency compensation and rehabilitation for the abuses of power that are criminogen in the investigation process established through pretrial agencies that the results are only set compensation and rehabilitation as a result of misuse of the police profession. To that end, the weakness of the criminal law policy, need to be updated, ie, by adding the authority to institute pretrial may also recommend its findings to be prosecuted and criminal sanctions

Criminal aspects of domestic violence

OpenAIRE

Váňová, Radka

2013-01-01

Criminal aspects of domestic violence SUMMARY Domestic violence is a serious social concern with high level of latency. The domestic violence victims protection is ensured by legal standarts of Civil, Administrative and Criminal Law and other legal standarts. Criminal Law is one of the important instruments for tackling of serious forms of domestic violence. However Criminal Law is an instrument "ultima ratio" which needs claiming of subsidiarity principal of the crime repression. The purpose...

Tourist criminality

OpenAIRE

Jakovlev, Zlatko; Koteski, Cane; Dimitrov, Nikola

2015-01-01

In this book expert processed chapters on the development of tourism, the conditions for the development of tourism, the definition of tourism, positive and negative effects of tourism, the necessity of defining tourism criminality and its component elements, narrower and wider tourist criminality , theories of crime, the structure of tourism crime, property crime in tourism, forest fires, sexual offenses, other tourist crimes stakeholders of tourism offenses, victims of tourist crime prevent...

Dentistry and criminal law.

Science.gov (United States)

Khoury, B S; Khoury, J N

2017-09-01

Criminal law in dentistry, as shaped and moulded by the prevailing views of society, defines what is or is not socially acceptable. It applies in both personal and professional contexts with the intended consequence of protecting the public from unacceptable conduct and potential imbalances of power. At its centre, a patient's consent plays a pivotal role in transforming unlawful conduct into lawful conduct. This literature review considers the current law and the trend of utilizing criminal law in addition to non-criminal law alternatives of reprimanding clinicians for failure to achieve consent in the course of dental practice. Dentists must appreciate this change and the prosecuting authority's increasing willingness to resort to criminal law. © 2017 Australian Dental Association.

Proactive and Reactive Composite Scales for the Psychological Inventory of Criminal Thinking Styles (PICTS)

Science.gov (United States)

Walters, Glenn D.

2006-01-01

The purpose of this study was to construct composite scales for the Psychological Inventory of Criminal Thinking Styles (PICTS) from the PICTS thinking style, factor, and content scales designed to provide general estimates of criminal thinking. The Entitlement thinking style scale, Self-Assertion/Deception factor scale, and Historical content…

Automatic penalty continuation in structural topology optimization

DEFF Research Database (Denmark)

Rojas Labanda, Susana; Stolpe, Mathias

2015-01-01

this issue is addressed. We propose an automatic continuation method, where the material penalization parameter is included as a new variable in the problem and a constraint guarantees that the requested penalty is eventually reached. The numerical results suggest that this approach is an appealing...... alternative to continuation methods. Automatic continuation also generally obtains better designs than the classical formulation using a reduced number of iterations....

12 CFR 263.65 - Civil penalty inflation adjustments.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Civil penalty inflation adjustments. 263.65... Money Penalties § 263.65 Civil penalty inflation adjustments. (a) Inflation adjustments. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note), the Board has...

Criminal characteristics of a group of primary criminals diagnosed with aspd: approach to criminal recidivis

Directory of Open Access Journals (Sweden)

R. Larrotta-Castillo

Full Text Available Abstract Introduction: Antisocial personality disorder (ASPD is commonly associated with the risk of criminal recidivism. Knowing more about the factors associated with this pattern of behaviour can help with the design of effective prevention strategies. The purpose of this article is to establish if there are differences in socio-criminogenic variables of a group of criminals sentenced for the first time and with APSD compared to another group of first-time offenders who do not present this disorder. Materials and methods: Analytical observation study of 70 men classified into 2 groups according to the presence of ASPD TPA (n=47; age: 29.98±7.8 years or absence of ASPD (n=23; age: 32.35±8.7 years. Results: The inmates with ASPD showed higher frequencies of current consumption of psychoactive substances (31.9%, criminal associations and simultaneous use of psychoactive substances (70.2%, having committed the crime under the effects of a psychoactive substance (55.3%, not having the possibility of distancing themselves from criminal associations (83% and a lack of legal resources for proceedings for defence and release (76.6%. Discussion: This sample contains a group of variables called dynamic that are more commonly present amongst first time offenders with ASPD; said variables have been associated as major predictors of recidivism. Given that they are regarded as dynamic, they may well be modifiable.

Vigilantism and cooperative criminal justice: : Is there a place for cybersecurity vigilantes in cybercrime fighting

NARCIS (Netherlands)

E Silva, Karine

2017-01-01

Are cybersecurity vigilantes at odds with criminal justice? Perhaps. In general terms, vigilantism could be understood as an act of retaliation launched by private agents in response to a perceived criminal conduct and targeting alleged perpetrators of a crime. This form of unofficial crime control

Psycho-Sociological Review of Criminal Thinking Style

OpenAIRE

Boduszek, Daniel; Hyland, Philip

2012-01-01

Criminal thinking has been long established as a very important predictor of criminal behaviour, however far less research effort has been undertaken to understand what variables can predict the emergence of criminal thinking. Considering the importance of criminal thinking, we feel it necessary to conduct a systematic review of the literature on criminal thinking in order to bring together what is currently known regarding the factors that relate to, and predict, habitual criminal thinking s...

Combat veterans, mental health issues, and the death penalty: addressing the impact of post-traumatic stress disorder and traumatic brain injury.

Science.gov (United States)

Giardino, Anthony E

2009-05-01

More than 1.5 million Americans have participated in combat operations in Iraq and Afghanistan over the past seven years. Some of these veterans have subsequently committed capital crimes and found themselves in our nation's criminal justice system. This Essay argues that combat veterans suffering from post-traumatic stress disorder or traumatic brain injury at the time of their offenses should not be subject to the death penalty.Offering mitigating evidence regarding military training, post-traumatic stress disorder, and traumatic brain injury presents one means that combat veterans may use to argue for their lives during the sentencing phase of their trials. Alternatively, Atkins v. Virginia and Roper v. Simmons offer a framework for establishing a legislatively or judicially created categorical exclusion for these offenders, exempting them from the death penalty as a matter of law. By understanding how combat service and service-related injuries affect the personal culpability of these offenders, the legal system can avoid the consequences of sentencing to death America's mentally wounded warriors, ensuring that only the worst offenders are subject to the ultimate punishment.

The protection of fundamental human rights in criminal process
General report

Directory of Open Access Journals (Sweden)

Chrisje Brants

2009-10-01

Full Text Available This contribution examines the effect of the uniform standards of human rights in international conventions on criminal process in different countries and identifies factors inherent in national systems that influence the scope of international standards and the way in which they are implemented in a national context. Three overreaching issues influence the reception of international fundamental rights and freedoms in criminal process: constitutional arrangements, legal tradition and culture, and practical circumstances. There is no such thing as the uniform implementation of convention standards; even in Europe where the European Convention on Human Rights and Fundamental Freedoms and the case law of the European Court play a significant role, there is still much diversity in the actual implementation of international norms due to the influence of legal traditions which form a counterforce to the weight of convention obligations. An even greater counterforce is at work in practical circumstances that can undermine international norms, most especially global issues of security, crime control and combating terrorism. Although convention norms are still in place, there is a very real risk that they are circumvented or at least diluted in order to increase effective crime control.

Objective Truth Institution in Criminal Procedure

Directory of Open Access Journals (Sweden)

Voltornist O. A.

2012-11-01

Full Text Available The article deals with the category of objective truth in criminal procedure, its importance for correct determination of criminal court procedure aims. The author analyzes also the bill draft offered by the RF Committee of Inquiry “On amending in the RF Criminal Procedure Code due to the implementation ofobjective truth institution in criminal procedure”

Criminal violence associated to mental health in Salvadorian people

Directory of Open Access Journals (Sweden)

José Ricardo Gutiérrez Quintanilla

2014-07-01

Full Text Available This is an ex post facto study with a retrospective and cross sectional design, consisting of a random sample of 1,143 participants (538 men and 605 women, age range 17-56 or more. The measures used involved the Escala de estrés y ansiedad delincuencial, and the Cuestionario de salud general. Results revealed that approximately three fourths of the simple considered that the criminal violence context affected their mental health. Differences between men and women were established. Women and urban residents exhibited a greater number of stress symptoms and criminal anxiety. Recommendations for future studies are suggested.

Power penalties for multi-level PAM modulation formats at arbitrary bit error rates

Science.gov (United States)

Kaliteevskiy, Nikolay A.; Wood, William A.; Downie, John D.; Hurley, Jason; Sterlingov, Petr

2016-03-01

There is considerable interest in combining multi-level pulsed amplitude modulation formats (PAM-L) and forward error correction (FEC) in next-generation, short-range optical communications links for increased capacity. In this paper we derive new formulas for the optical power penalties due to modulation format complexity relative to PAM-2 and due to inter-symbol interference (ISI). We show that these penalties depend on the required system bit-error rate (BER) and that the conventional formulas overestimate link penalties. Our corrections to the standard formulas are very small at conventional BER levels (typically 1×10-12) but become significant at the higher BER levels enabled by FEC technology, especially for signal distortions due to ISI. The standard formula for format complexity, P = 10log(L-1), is shown to overestimate the actual penalty for PAM-4 and PAM-8 by approximately 0.1 and 0.25 dB respectively at 1×10-3 BER. Then we extend the well-known PAM-2 ISI penalty estimation formula from the IEEE 802.3 standard 10G link modeling spreadsheet to the large BER case and generalize it for arbitrary PAM-L formats. To demonstrate and verify the BER dependence of the ISI penalty, a set of PAM-2 experiments and Monte-Carlo modeling simulations are reported. The experimental results and simulations confirm that the conventional formulas can significantly overestimate ISI penalties at relatively high BER levels. In the experiments, overestimates up to 2 dB are observed at 1×10-3 BER.

Constitutional collisions of criminal law

Directory of Open Access Journals (Sweden)

Sergey M. Inshakov

2016-12-01

Full Text Available Objective to identify and resolve conflicts between the norms of constitutional and criminal law which regulate the issue of legal liability of senior officials of the state. Methods formallogical systematic comparativelegal. Results the article analyzes the embodiment of the principle of citizensrsquo equality under the law regarding the criminal responsibility of the President of the Russian Federation as one of the segments of the elite right other criminal and legal conflicts are considered associated with the creation of conditions for derogation from the principle of equality. Basing on this analysis the means of overcoming collisions between the norms of constitutional and criminal law are formulated. Scientific novelty in the article for the first time it has been shown that in the Russian criminal law there are exceptions to the principle of citizensrsquo equality under the law relating to the President of the Russian Federation the conflicts are identified between the norms of constitutional and criminal law regulating the issue of legal liability of senior officials of the state ways of overcoming conflicts are suggested. Practical significance the main provisions and conclusions of the article can be used in research and teaching in the consideration of issues of senior state officialsrsquo criminal liability.

International Criminalization of International Terrorizm

Directory of Open Access Journals (Sweden)

Alexander Grigoryevich Volevodz

2014-01-01

Full Text Available Analysis and studying of the terrorism in all its facets is a complex entangled problem with less clear legal regulation that it might seem at first glance, especially after its transformation from local phenomenon into a world threat. Hitherto terrorism and actions connected to it have been criminalized by the majority of states. There are in modern criminal law whole systems of rules on criminal liability for terrorism which differs considerably from country to country. Terrorism has been criminalized in numerous international regional and universal antiterrorist legal instruments. The author notes that differences in definitions that are enshrined in them hinders international cooperation in criminal matters with respect to terrorist cases. Difficulties reside in the necessity to meet the dual criminality requirement and in the political offense exception. These difficulties can only be overcome through elaboration of a universally recognized definition of the notion of international terrorism and making it legally binding via its inclusion into a universal convention. The issue of definition of international terrorism is an important part of an efficient mutual assistance among states in fight against this crime. In this article the author accounts of actual ways of tackling by the international community of the issue of criminalization of international terrorism and of factors influencing them.

Animal poisoning - veterinary-medical and criminal-legal aspects

Directory of Open Access Journals (Sweden)

Aleksić Jelena

2014-01-01

Full Text Available Apart from approved or planned poisoning with agricultural purpose, an increase in the number of cases of intentional animal poisoning (primarily referring to cats and dogs has been detected in Serbia, and it is suspected that their number is significantly larger than the one shown by the official statistics data. Under the conditions prescribed by the Criminal Code of the Republic of Serbia, such activities may represent the crime of killing and torture of animals, but also the crime of causing a general danger. It would be impossible to conduct the procedure of discovering and proving these criminal offences and the responsibility of their perpetrators without findings and opinion of forensic veterinary-medicine experts. They play an important role when it comes to site inspection, crime scene processing, collecting the samples from the crime scene, processing of samples and autopsy and exhumation of a potentially poisoned animal body. Just like other evidence in criminal procedure, findings and opinion of experts of veterinary medicine are estimated in accordance with the principle of free assessment of evidence. However, due to the specificity of such cases of killing and torture of animals, their impact on court’s decision on the existence of criminal offence and perpetrator’s liability is crucial. In this paper, the authors discuss the scope of animal poisoning in Serbia, particularly in Belgrade, analyze possible criminal - legal consequences of these illegal activities and point out to a significant role that experts of veterinary medical profession have in discovering and proving such cases and the liability of their perpetrators.

Psychology and criminal justice

OpenAIRE

Adler, Joanna R.

2013-01-01

This chapter is designed to give the reader a flavour of a few areas in which psychology has been applied to criminal justice. It begins by providing some historical context and showing the development of some applications of psychology to criminal justice. The chapter is broadly split into 3 sections: Pre Trial; Trial; and Post Trial. In most of this chapter, the areas considered assess how psychology has had an influence on the law and how psychologists work within criminal justice settings...

Criminal aspects domestic violence

OpenAIRE

Smetanová, Kristina

2013-01-01

Smetanová, Kristina. Criminal aspects of domestic violence The topic of this thesis is the criminal aspects of domestic violence. The aim of the thesis is to describe this dangerous and complicated social problem and focus on outlining the possibilities of protection under Czech criminal law. The thesis consists of eight chapters. The first chapter explains what the domestic violence is and which sources, types and characters does it have.The second chapter shows who can be the violent person...

45 CFR 305.42 - Penalty phase-in.

Science.gov (United States)

2010-10-01

... PROGRAM PERFORMANCE MEASURES, STANDARDS, FINANCIAL INCENTIVES, AND PENALTIES § 305.42 Penalty phase-in. States are subject to the performance penalties described in § 305.40 based on data reported for FY 2001. Data reported for FY 2000 will be used as a base year to determine improvements in performance during...

42 CFR 460.46 - Civil money penalties.

Science.gov (United States)

2010-10-01

... 42 Public Health 4 2010-10-01 2010-10-01 false Civil money penalties. 460.46 Section 460.46 Public...) Sanctions, Enforcement Actions, and Termination § 460.46 Civil money penalties. (a) CMS may impose civil money penalties up to the following maximum amounts: (1) For each violation regarding enrollment or...

29 CFR 578.4 - Determination of penalty.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Determination of penalty. 578.4 Section 578.4 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR REGULATIONS MINIMUM WAGE AND OVERTIME VIOLATIONS-CIVIL MONEY PENALTIES § 578.4 Determination of penalty. (a) In determining the...

Criminal Law in Denmark

DEFF Research Database (Denmark)

Langsted, Lars Bo; Garde, Peter; Greve, Vagn

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds......-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable...... resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study...

HIV is a virus, not a crime: ten reasons against criminal statutes and criminal prosecutions

OpenAIRE

Cameron, Edwin; Burris, Scott; Clayton, Michaela

2008-01-01

Abstract The widespread phenomenon of enacting HIV-specific laws to criminally punish transmission of, exposure to, or non-disclosure of HIV, is counter-active to good public health conceptions and repugnant to elementary human rights principles. The authors provide ten reasons why criminal laws and criminal prosecutions are bad strategy in the epidemic.

On convergence rates for iteratively regularized procedures with linear penalty terms

International Nuclear Information System (INIS)

Smirnova, Alexandra

2012-01-01

The impact of this paper is twofold. First, we study convergence rates of the iteratively regularized Gauss–Newton (IRGN) algorithm with a linear penalty term under a generalized source assumption and show how the regularizing properties of new iterations depend on the solution smoothness. Secondly, we introduce an adaptive IRGN procedure, which is investigated under a relaxed smoothness condition. The introduction and analysis of a more general penalty term are of great importance since, apart from bringing stability to the numerical scheme designed for solving a large class of applied inverse problems, it allows us to incorporate various types of a priori information available on the model. Both a priori and a posteriori stopping rules are investigated. For the a priori stopping rule, optimal convergence rates are derived. A numerical example illustrating convergence rates is considered. (paper)

12 CFR 509.103 - Civil money penalties.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 5 2010-01-01 2010-01-01 false Civil money penalties. 509.103 Section 509.103... PROCEDURE IN ADJUDICATORY PROCEEDINGS Local Rules § 509.103 Civil money penalties. (a) Assessment. In the... may serve an order of assessment of civil money penalty upon the party concerned. The assessment order...

32 CFR 635.16 - General.

Science.gov (United States)

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true General. 635.16 Section 635.16 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Offense Reporting § 635.16 General. (a) This subpart establishes policy for reporting founded criminal offenses...

15 CFR 806.6 - Penalties.

Science.gov (United States)

2010-01-01

... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Penalties. 806.6 Section 806.6 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade (Continued) BUREAU OF ECONOMIC ANALYSIS, DEPARTMENT OF COMMERCE DIRECT INVESTMENT SURVEYS § 806.6 Penalties. (a) Whoever fails to...

77 FR 60047 - Adjustment of Civil Monetary Penalties for Inflation

Science.gov (United States)

2012-10-02

... provides a penalty of up to $1,000 for an educational organization's failure to disclose certain... of Justice, Attorney General's Manual on the Administrative Procedure Act 31 (1947) and South.... Assessment of Educational Impact Based on our own review, we have determined that these final regulations do...

CRIMINAL PROTECTION OF PRIVATE LIFE

Directory of Open Access Journals (Sweden)

RADU SLAVOIU

2012-05-01

Full Text Available This study is meant, first of all, to analyze the incriminations that the new Romanian Criminal Code sets for the protection of a person’s private life as a social value of maximum significance both for the human being and for any democratic society as a whole.There are two criminal offences treated in this study that are not to be found in the current criminal legislation: violation of private life and criminal trespassing of a legal person’s property. Likewise, the study will bring forth the novelties and the differences regarding the offences of criminal trespassing of a natural person’s property, disclosure of professional secret, violation of secret correspondence, illegal access to computerized system and illegal interception of electronic data transfer – acts that when, directly or indirectly, committed can cause harm to the intimacy of a person’s life.As an expression of the interdisciplinary nature of this subject, the study also sets out, as a subsidiary aspect, an evaluation of the circumstances under which the new criminal proceeding legislation allows public authorities to interfere with an individual’s private life. Thus, the emphasis is on the analysis of the circumstances under which special surveillance and investigation techniques can be used as evidence proceedings regulated by the new Romanian Criminal Procedure Code.

Criminal investigation in the light of Law 9,034 / 95: the role of undercover agents and their criminal consequences

Directory of Open Access Journals (Sweden)

Jayme José de Souza FIlho

2012-04-01

Full Text Available Law 9034 of May 3, 1995 provides for the use of means operacionaispara prevention and prosecution of actions taken by organizations criminosas.Sofreu amendment by Law 10,217 of April 11, 2001, which entered the Brazilian legal noordenamento agents infiltration technique comoinstrumento to combat such organizations. It provides that police officers or deinteligência in any criminal prosecution phase, since autorizadosjudicialmente, can enter into criminal groups acting dissimuladamentecomo part thereof, to obtain information and evidence to reach oseu dismantling. the owners acting as agenteinfiltrado is unacceptable. It is silent on legislation about the limits and succinct with aosrequisitos relationship that should be imposed for the exercise of this method investigativo.Silenciou is still about the criminal liability of the undercover agent noexercício of its activities, thus any responsibility should serresolvidas in the field of Theory of Crime, contained in the general section of the Code Penal.Difere the undercover agent provocateur, where the first ageconstantemente passively collecting data, while the second agede actively, prompting the target (suspect to commit crimes. The evidence obtained by the undercover agent and testimony are legitimate to instruct inquiry policiale competent prosecution.

12 CFR 908.6 - Civil money penalties.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Civil money penalties. 908.6 Section 908.6... Proceedings § 908.6 Civil money penalties. (a) Notice of assessment—(1) Grounds. The Finance Board may issue and serve a notice of assessment of a civil money penalty on any Bank or any executive officer or...

46 CFR 506.3 - Civil monetary penalty inflation adjustment.

Science.gov (United States)

2010-10-01

... 46 Shipping 9 2010-10-01 2010-10-01 false Civil monetary penalty inflation adjustment. 506.3... PENALTY INFLATION ADJUSTMENT § 506.3 Civil monetary penalty inflation adjustment. The Commission shall... each civil monetary penalty provided by law within the jurisdiction of the Commission by the inflation...

Addiction between therapy and criminalization.

Science.gov (United States)

Birklbauer, Alois; Schmidthuber, Kathrin

2014-12-01

The present paper delves into the question of whether and to what extent it is appropriate to leave addiction problems between the conflicting priorities of therapy and criminalization. After outlining the issue the criminal addictive behaviour including crimes associated with drug misuse and with obtaining drugs is described. Subsequently it is discussed if and how you could make allowances for addiction-related legal insanity in the criminal law sector. Following a few remarks on the principle of "voluntary therapy instead of penal sanction" as a way to alleviate the strict law on narcotic drugs misuse a summary and an outlook with criminal-political demands complete the issue.

Defence counsel in international criminal law

NARCIS (Netherlands)

Temminck Tuinstra, J.P.W.

2009-01-01

The field of international criminal law is relatively new and rapidly developing. This dissertation examines whether international criminal courts enable defence counsel to conduct an effective defence. When the International Criminal Tribunals for the former Yugoslavia and Rwanda (the ad hoc

International Criminal Law: Over-studied and Underachieving?

OpenAIRE

Van Sliedregt, E

2016-01-01

In his recent review of Neil Boister's book, An Introduction to Transnational Criminal Law, Robert Currie praises the author for shedding light on a field of law that has suffered from inattention. Transnational criminal law (TCL), the 'other' branch of what was traditionally called international criminal law, has been overshadowed by international criminal law 'proper' (ICL). The establishment of international criminal tribunals after the end of the Cold War, culminating in the establishment...

75 FR 1076 - Outer Continental Shelf Civil Penalties

Science.gov (United States)

2010-01-08

... initiate civil penalty proceedings; however, violations that cause injury, death, or environmental damage... DEPARTMENT OF THE INTERIOR Minerals Management Service Outer Continental Shelf Civil Penalties... daily civil penalty assessment. SUMMARY: The Outer Continental Shelf Lands Act requires the MMS to...

Criminalizing rape within marriage: perspectives of Ghanaian university students.

Science.gov (United States)

Adinkrah, Mensah

2011-09-01

Forcing sexual intercourse on an unwilling marital partner, or marital rape, is not a crime in many societies around the world, because of a marital exemption rule that prohibits the prosecution of husbands who rape their wives. Concurrently, marital rape is one of the least studied phenomena in sexual violence research. This is particularly true for societies in the non-Western world. The current study examined the general attitudes of a sample of university students in Ghana, a West African country, toward marital rape. Respondents were also asked whether an ongoing legislative effort to criminalize marital rape in the country was warranted. The results indicated strong opposition toward criminalization. The results also indicated no marked differences between male and female respondents in attitudes toward marital rape and the need for a legislative response to the phenomenon. Patriarchal ideologies such as wifely submission to the husband and an implicit duty to provide sex in marriage provided some of the justifications furnished for why marital rape should remain noncriminalized. Advocates of criminalization mentioned the social, physical, and psychological effects of rape and how the enactment of marital rape legislation and the imposition of severe criminal sanctions would help prevent the incidence of marital rape and other forms of violence against women in the society.

Figures of criminal offences that are committed through mass media

Directory of Open Access Journals (Sweden)

Mirvete Uka

2016-03-01

Full Text Available The rapid development of information technology created endless possibilities for the information and communication between people in the world. This made possible that within few seconds information could be elaborated. In the meantime that freedom of speech and opinion are protected with all international conventions and laws, this freedom and together with it also the possibilities and actual standards endanger to put in service of the persons which in one form or another, damage the general interest. The study seeks to explain cases, forms and methods of how the presence in media can be misused. Based in the Criminal Code of Republic of Kosovo there are the range of criminal offenses which can be committed through mass communication in general and sometimes also through more serious media, written or electronic. The major number of them has to do with such acts that help terrorism, encourage race and religious hatred and in different forms, the use of children for pornography, risking in this manner the greater values of humanism anywhere in the world. The fact of abolition of special dispositions for criminal offenses that are committed through media does not mean that the danger from committing these acts does not exist. It is based in the fact that criminal responsibility lays directly on the crime committer and not on the director or publisher of certain media, in the meantime the last ones should be careful not to be in the service of crime instigators by giving space to publication.

New Exact Penalty Functions for Nonlinear Constrained Optimization Problems

Directory of Open Access Journals (Sweden)

Bingzhuang Liu

2014-01-01

Full Text Available For two kinds of nonlinear constrained optimization problems, we propose two simple penalty functions, respectively, by augmenting the dimension of the primal problem with a variable that controls the weight of the penalty terms. Both of the penalty functions enjoy improved smoothness. Under mild conditions, it can be proved that our penalty functions are both exact in the sense that local minimizers of the associated penalty problem are precisely the local minimizers of the original constrained problem.

Understanding criminal behavior: Empathic impairment in criminal offenders.

Science.gov (United States)

Mariano, Melania; Pino, Maria Chiara; Peretti, Sara; Valenti, Marco; Mazza, Monica

2017-08-01

Criminal offenders (CO) are characterized by antisocial and impulsive lifestyles and reduced empathy competence. According to Zaki and Ochsner, empathy is a process that can be divided into three components: mentalizing, emotional sharing and prosocial concern. The aim of our study was to evaluate these competences in 74 criminal subjects compared to 65 controls. The CO group demonstrated a lower ability in measures of mentalizing and sharing, especially in recognizing the mental and emotional states of other people by observing their eyes and sharing other people's emotions. Conversely, CO subjects showed better abilities in prosocial concern measures, such as judging and predicting the emotions and behavior of other people, but they were not able to evaluate the gravity of violations of social rules as well as the control group. In addition, logistic regression results show that the higher the deficits in the mentalizing component are, the higher the probability of committing a crime against another person. Taken together, our results suggest that criminal subjects are able to judge and recognize other people's behavior as right or wrong in a social context, but they are not able to recognize and share the suffering of other people.

The International Criminal Court

DEFF Research Database (Denmark)

Damgaard, Ciara Therése

This article considers whether acts of international terrorism can and should be prosecuted before the International Criminal Court as crimes against humanity.......This article considers whether acts of international terrorism can and should be prosecuted before the International Criminal Court as crimes against humanity....

29 CFR 530.302 - Amounts of civil money penalties.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Amounts of civil money penalties. 530.302 Section 530.302... EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES Civil Money Penalties § 530.302 Amounts of civil money penalties. (a) A civil money penalty, not to exceed $500 per affected homeworker for any one violation, may...

76 FR 74625 - Civil Monetary Penalties Inflation Adjustment

Science.gov (United States)

2011-12-01

...-2011] RIN 1125-AA69 Civil Monetary Penalties Inflation Adjustment AGENCIES: U.S. Customs and Border... adjust for inflation certain civil monetary penalties assessed under the Immigration and Nationality Act... assessed under the INA. The Federal Civil Penalties Inflation Adjustment Act of 1990 (Adjustment Act...

78 FR 17108 - Approval and Promulgation of Implementation Plans; State of Washington; Revised Format for...

Science.gov (United States)

2013-03-20

...), EPA revised the procedures for IBR'ing Federally-approved SIPs, as a result of consultations between... Violations--Notices 9/8/93 2/22/95, 60 FR 9778 132 Criminal Penalty 11/13/94 10/24/95, 60 FR 54439 133 Civil............ Regulatory Actions & Civil 9/21/95 2/26/97, 62 FR 8624......... Penalties. 400-240......... Criminal...

The Relative Ineffectiveness of Criminal Network Disruption

Science.gov (United States)

Duijn, Paul A. C.; Kashirin, Victor; Sloot, Peter M. A.

2014-01-01

Researchers, policymakers and law enforcement agencies across the globe struggle to find effective strategies to control criminal networks. The effectiveness of disruption strategies is known to depend on both network topology and network resilience. However, as these criminal networks operate in secrecy, data-driven knowledge concerning the effectiveness of different criminal network disruption strategies is very limited. By combining computational modeling and social network analysis with unique criminal network intelligence data from the Dutch Police, we discovered, in contrast to common belief, that criminal networks might even become ‘stronger’, after targeted attacks. On the other hand increased efficiency within criminal networks decreases its internal security, thus offering opportunities for law enforcement agencies to target these networks more deliberately. Our results emphasize the importance of criminal network interventions at an early stage, before the network gets a chance to (re-)organize to maximum resilience. In the end disruption strategies force criminal networks to become more exposed, which causes successful network disruption to become a long-term effort. PMID:24577374

Racial Profiling and Criminal Justice

DEFF Research Database (Denmark)

Ryberg, Jesper

2011-01-01

According to the main argument in favour of the practice of racial profiling as a low enforcement tactic, the use of race as a targeting factor helps the police to apprehend more criminals. In the following, this argument is challenged. It is argued that, given the assumption that criminals...... are currently being punished too severely in Western countries, the apprehension of more criminals may not constitute a reason in favour of racial profiling at all....

International Criminal Law & Its Paradoxes

DEFF Research Database (Denmark)

Carlson, Kerstin Bree

2017-01-01

criminal law are unrealizable under current ICT practice. This is due to international criminal law's foundational, legitimizing basis in natural law, rather than political liberalism. The article calls for a revision of ICT institutional accountability structures.......This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international...

Drones in (Slovene) criminal investigation

OpenAIRE

Boštjan, Slak

2016-01-01

Unmanned aircrafts, also known as drones, are increasingly used in modern society. Their versatility allows them to be used in a range of different industries, sectors, spheres and activities, including in the area of policing and criminal investigation. In policing, drones are primarily used for the control of state borders, public events and traffic, while their use in criminal investigation is related all from assisting crime scene investigation to tracking suspects or criminal gangs. The ...

22 CFR 96.72 - Referral of complaints to the Secretary and other authorities.

Science.gov (United States)

2010-04-01

... Through Review of Complaints § 96.72 Referral of complaints to the Secretary and other authorities. (a) An... authority, the Attorney General, or other law enforcement authorities any substantiated complaints that involve conduct that is: (1) Subject to the civil or criminal penalties imposed by section 404 of the IAA...

Editorial: The researcher and the research in criminal sciences in contemporaneity

Directory of Open Access Journals (Sweden)

Caíque Ribeiro Galícia

2017-10-01

Full Text Available This editorial presents a general analysis of the contemporary reality of the researcher and research in criminal sciences in Brazil. The researcher's profile is sought as an important component to understand the choices of criminal science research guidelines, with a focus on overcoming the false claim of impartiality of the subject-researcher. In this panorama, an analysis of legal research in Brazil is made, highlighting the most important role in the better understanding of legal science, but also as a factor of social, cultural, political and economic development.

46 CFR 221.93 - Collection of civil penalties.

Science.gov (United States)

2010-10-01

... 46 Shipping 8 2010-10-01 2010-10-01 false Collection of civil penalties. 221.93 Section 221.93... RELATED ACTIVITIES REGULATED TRANSACTIONS INVOLVING DOCUMENTED VESSELS AND OTHER MARITIME INTERESTS Civil Penalties § 221.93 Collection of civil penalties. Within 30 days after receipt of the Hearing Officer's...

78 FR 5722 - Civil Monetary Penalty Inflation Adjustment

Science.gov (United States)

2013-01-28

... Civil Monetary Penalty Inflation Adjustment AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Direct... for inflation. The adjustment of civil penalties to account for inflation is required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Since we have not made any adjustments to...

78 FR 5760 - Civil Monetary Penalty Inflation Adjustment

Science.gov (United States)

2013-01-28

... Civil Monetary Penalty Inflation Adjustment AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Proposed... account for inflation. The adjustment of civil penalties to account for inflation is required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Since we have not made any...

10 CFR 824.15 - Collection of civil penalties.

Science.gov (United States)

2010-01-01

... 10 Energy 4 2010-01-01 2010-01-01 false Collection of civil penalties. 824.15 Section 824.15 Energy DEPARTMENT OF ENERGY PROCEDURAL RULES FOR THE ASSESSMENT OF CIVIL PENALTIES FOR CLASSIFIED INFORMATION SECURITY VIOLATIONS § 824.15 Collection of civil penalties. If any person fails to pay an...

22 CFR 1104.14 - Assessment of civil penalties.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Assessment of civil penalties. 1104.14 Section... STATES SECTION PROTECTION OF ARCHAEOLOGICAL RESOURCES § 1104.14 Assessment of civil penalties. (a) The Commissioner may assess a civil penalty against any person who has violated any prohibition contained in § 1104...

A non-penalty recurrent neural network for solving a class of constrained optimization problems.

Science.gov (United States)

Hosseini, Alireza

2016-01-01

In this paper, we explain a methodology to analyze convergence of some differential inclusion-based neural networks for solving nonsmooth optimization problems. For a general differential inclusion, we show that if its right hand-side set valued map satisfies some conditions, then solution trajectory of the differential inclusion converges to optimal solution set of its corresponding in optimization problem. Based on the obtained methodology, we introduce a new recurrent neural network for solving nonsmooth optimization problems. Objective function does not need to be convex on R(n) nor does the new neural network model require any penalty parameter. We compare our new method with some penalty-based and non-penalty based models. Moreover for differentiable cases, we implement circuit diagram of the new neural network. Copyright © 2015 Elsevier Ltd. All rights reserved.

É possível uma Política Criminal? a discricionariedade no Sistema de Justiça Criminal do DF

Directory of Open Access Journals (Sweden)

Arthur Trindade M. Costa

2011-04-01

Full Text Available Neste artigo, discutimos as limitações e os obstáculos para a elaboração e implantação de uma Política Criminal no Distrito Federal. Para isso, analisamos a forma como o processo de tomada de decisões no interior do Sistema de Justiça Criminal está estruturado. Observamos, a partir de etnografias e grupos focais, que tanto delegados, quanto promotores e juízes estabelecem critérios para selecionar os inquéritos e processos que merecerão atenção. Sem essa seleção, o funcionamento do Sistema de Justiça Criminal seria ainda mais caótico. Ocorre que essa seletividade é feita sem atender a uma Política Criminal. Existem diferentes filtros no Sistema de Justiça Criminal do DF, que seguem diferentes lógicas, cujo resultado é a ausência de uma Política Criminal coerente. As causas disso repousam no não reconhecimento da discricionariedade no Sistema de Justiça Criminal do Distrito Federal e, consequentemente, da sua não estruturação.In this article we discuss the limits and obstacles to the creation and implementation of a criminal policy in the Brazilian Federal District. So, we analyze how the decision making process in the Criminal Justice System has been structured. We observed, through ethnographies and focus groups, that commissioners, attorneys and judges have been established their own criteria to select police inquiries and criminal procedures. There are different biases in the Criminal Justice System of Federal District that follow different logics, whose consequence is the lack of a coherent criminal policy. The causes of this are the no recognition of the discretion in the Criminal Justice System and, consequently, it no structuration.

20 CFR 410.699a - Penalties for fraud.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Penalties for fraud. 410.699a Section 410.699a Employees' Benefits SOCIAL SECURITY ADMINISTRATION FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969... Review, Finality of Decisions, and Representation of Parties § 410.699a Penalties for fraud. The penalty...

29 CFR 500.143 - Civil money penalty assessment.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Civil money penalty assessment. 500.143 Section 500.143... MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION Enforcement § 500.143 Civil money penalty assessment. (a) A civil money penalty may be assessed for each violation of the Act or these regulations. (b) In...

The externalities of crime : The effect of criminal involvement of parents on the educational attainment of their children

NARCIS (Netherlands)

Rud, Iryna; Van Klaveren, Chris; Groot, Wim; Maassen van den Brink, Henriëtte

The empirical literature on education and crime suggests that both criminal behavior and educational attainment are transferred from parents to children. However, the impact of criminal behavior of parents on educational outcomes of children is generally ignored, even though the entailed social

The externalities of crime: the effect of criminal involvement of parents on the educational attainment of their children

NARCIS (Netherlands)

Rud, I.; van Klaveren, C.; Groot, W.; Maassen van den Brink, H.

2014-01-01

The empirical literature on education and crime suggests that both criminal behavior and educational attainment are transferred from parents to children. However, the impact of criminal behavior of parents on educational outcomes of children is generally ignored, even though the entailed social

Differential profile and treatment development of drug-addicted patients depending on violent behaviours and/or criminal acts.

Science.gov (United States)

López-Goñi, José J; Fernández-Montalvo, Javier; Arteaga, Alfonso; Cacho, Raúl

2015-01-01

This study explored the prevalence of violent and/or criminal behaviors in drug-addicted patients. A sample of 252 drug-addicted patients who sought treatment was assessed. Information was collected on violent behaviors, criminal acts, socio-demographic factors, consumption factors, psychopathological factors, and personality variables. The sample was divided into 4 groups according to the presence of violence and/or criminal behaviors. There were significant differences between the groups on some variables. In general, patients associated with both violence and criminal behaviors showed a greater severity in drug consumption and maladjustment variables, as well as a higher rate of treatment dropout and re-entry.

Tax penalties in SME tax compliance

Directory of Open Access Journals (Sweden)

Artur Swistak

2016-03-01

Full Text Available Small business tax compliance requires special attention. On the one hand small businesses are often incapable of rigorously fulfilling their tax obligations, more vulnerable to external risks and tempted to exploit opportunities to be non-compliant. On the other hand, unlike larger businesses, they are usually sole proprietors or owner-operated businesses, hence highly responsive to personal, social, cognitive and emotional factors. These attributes pave the way to a better use of measures designed to influence their behavior and choices. This paper discusses the role and effectiveness of tax penalties in enhancing tax compliance in small businesses. It argues that tax penalties, although indispensable for tax enforcement, may not be a first-choice tool in ensuring tax compliance. Too punitive a tax regime is an important barrier to business formalization and increasing severity of tax penalties does not produce the intended results. To be effective, tax penalties should deter and motivate taxpayers rather than exert repressive measures against them.

78 FR 4057 - Inflation Adjustment of Civil Money Penalty Amounts

Science.gov (United States)

2013-01-18

...] RIN 2501-AD59 Inflation Adjustment of Civil Money Penalty Amounts AGENCY: Office of the Secretary, HUD. ACTION: Final rule. SUMMARY: This final rule amends HUD's civil money penalty and civil penalty... outdated cross-reference in its civil money penalty regulations. DATES: Effective Date: February 19, 2013...

General deterrence effects of U.S. statutory DUI fine and jail penalties: long-term follow-up in 32 states.

Science.gov (United States)

Wagenaar, Alexander C; Maldonado-Molina, Mildred M; Erickson, Darin J; Ma, Linan; Tobler, Amy L; Komro, Kelli A

2007-09-01

We examined effects of state statutory changes in DUI fine or jail penalties for firsttime offenders from 1976 to 2002. A quasi-experimental time-series design was used (n=324 monthly observations). Four outcome measures of drivers involved in alcohol-related fatal crashes are: single-vehicle nighttime, low BAC (0.01-0.07g/dl), medium BAC (0.08-0.14g/dl), high BAC (>/=0.15g/dl). All analyses of BAC outcomes included multiple imputation procedures for cases with missing data. Comparison series of non-alcohol-related crashes were included to efficiently control for effects of other factors. Statistical models include state-specific Box-Jenkins ARIMA models, and pooled general linear mixed models. Twenty-six states implemented mandatory minimum fine policies and 18 states implemented mandatory minimum jail penalties. Estimated effects varied widely from state to state. Using variance weighted meta-analysis methods to aggregate results across states, mandatory fine policies are associated with an average reduction in fatal crash involvement by drivers with BAC>/=0.08g/dl of 8% (averaging 13 per state per year). Mandatory minimum jail policies are associated with a decline in single-vehicle nighttime fatal crash involvement of 6% (averaging 5 per state per year), and a decline in low-BAC cases of 9% (averaging 3 per state per year). No significant effects were observed for the other outcome measures. The overall pattern of results suggests a possible effect of mandatory fine policies in some states, but little effect of mandatory jail policies.

78 FR 26545 - Consumer Financial Civil Penalty Fund

Science.gov (United States)

2013-05-07

... which civil penalties have been imposed under Federal consumer financial laws. In addition, to the... has violated the law to pay a civil penalty. See, e.g., 12 U.S.C. 5565. Section 1017(d)(1) of the Dodd... activities for which civil penalties have been imposed under the Federal consumer financial laws.'' 12 U.S.C...

78 FR 26489 - Consumer Financial Civil Penalty Fund

Science.gov (United States)

2013-05-07

... administrative action under Federal consumer financial laws. Under the Act, funds in the Civil Penalty Fund may... Bureau may require a party that has violated the law to pay a civil penalty. See, e.g., 12 U.S.C. 5565... or any other provision of law bars the Bureau from using funds in the Civil Penalty Fund for such...

29 CFR 501.19 - Civil money penalty assessment.

Science.gov (United States)

2010-07-01

... workers. (c) A civil money penalty for each violation of the work contract or a requirement of 8 U.S.C..., with the following exceptions: (1) A civil money penalty for each willful violation of the work... 29 Labor 3 2010-07-01 2010-07-01 false Civil money penalty assessment. 501.19 Section 501.19 Labor...

International criminal tribunals and human rights law: Adherence and contextualization

NARCIS (Netherlands)

Zeegers, K.J.

2015-01-01

Given their mandate to prosecute persons responsible for the most atrocious of human rights violations, International Criminal Tribunals (ICTs) are generally hailed as welcome enforcers of international human rights law: a new instrument in the toolkit of human rights protectors. However, ICTs

Author: V Basdeo THE LAW AND PRACTICE OF CRIMINAL ASSET ...

African Journals Online (AJOL)

10332324

generally accepted in societies that embrace liberal democratic values. .... It is submitted that, in the light of the fact that once a restraint order is granted or is .... assess what "may" occur in the future, that is, whether the criminal court "may".

Judicial Functions in the Criminal Trial

Directory of Open Access Journals (Sweden)

Constantin Tănase

2014-05-01

Full Text Available The separation of judicial functions falls, indisputably, in the news gallery of the Romanian criminal trial current rules. The previous Criminal Procedure Code, namely that of 1968, as well as the older ones, hadn‟t enrolled in their content such a principle. However, the doctrine identified, under mentioned legal regulations, the existence of distinct procedural functions and their need to separate, in the idea of genuine criminal justice accomplishment. These procedural functions were: the indictment function (or charges, the defense function the trial function. In the new code, this principle proclaims the existence of four judicial functions that aim the efficiency and speed of the criminal trial, but also guarantee the presumption of innocence, equal opportunity of parties, protection of rights and fundamental freedoms. This research try to explain this principle and its connections with other institutions of the criminal trial.

PENERAPAN HUKUMAN MATI BAGI KORUPTOR DALAM PERSPEKTIF ISLAM DI INDONESIA

Directory of Open Access Journals (Sweden)

Maswandi Maswandi

2017-04-01

Full Text Available The application of the death penalty in Indonesia is the most severe punishments were applied to cases which are considered an extraordinary crime (extra-ordinary crime as the case Terrorists, Drug, Makar and Corruption, the death penalty has a foundation as stipulated in Article 10 letter a figure 1e of the Code of Penal. In corruption cases are death penalty as stipulated in Article 2 paragraph (2 of Law No. 31 of 1999 amended by Law No. 20 of 2001 on Corruption Eradication. Despite the threat of the death penalty for criminals, but in fact until now none of the Decision of the Court of Corruption (Corruption in Indonesia who dared break the criminals with death sentences, but quite clearly both national law or in the perspective of Islam to justify the enactment of punishment die for criminals who commit corruption under certain circumstances and the perpetration of crimes that can be destructive to the life of the nation.

49 CFR 228.21 - Civil penalty.

Science.gov (United States)

2010-10-01

... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 228.21 Section 228.21..., DEPARTMENT OF TRANSPORTATION HOURS OF SERVICE OF RAILROAD EMPLOYEES Records and Reporting § 228.21 Civil... requirement is subject to a civil penalty of at least $650 and not more than $25,000 per violation, except...

46 CFR 80.40 - Civil penalty.

Science.gov (United States)

2010-10-01

... 46 Shipping 3 2010-10-01 2010-10-01 false Civil penalty. 80.40 Section 80.40 Shipping COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) PASSENGER VESSELS DISCLOSURE OF SAFETY STANDARDS AND COUNTRY OF REGISTRY § 80.40 Civil penalty. For each violation of the regulations in this part, the owner, operator...

78 FR 672 - Civil Monetary Penalties

Science.gov (United States)

2013-01-04

... Part 3560 RIN 0575AC93 Civil Monetary Penalties AGENCY: Rural Housing Service, USDA. ACTION: Proposed rule. SUMMARY: The Rural Housing Service (RHS or Agency) proposes to implement two civil monetary... civil monetary penalties under the authority of 42 U.S.C. 1490s (section 543 of the Housing Act of 1949...

Sharp Penalty Term and Time Step Bounds for the Interior Penalty Discontinuous Galerkin Method for Linear Hyperbolic Problems

NARCIS (Netherlands)

Geevers, Sjoerd; van der Vegt, J.J.W.

2017-01-01

We present sharp and sucient bounds for the interior penalty term and time step size to ensure stability of the symmetric interior penalty discontinuous Galerkin (SIPDG) method combined with an explicit time-stepping scheme. These conditions hold for generic meshes, including unstructured

European perspective and legal framework of death penalty

Directory of Open Access Journals (Sweden)

Rudolf Hnidka

2016-11-01

Full Text Available Purpose and Originality: The purpose of this research is to find out what is European union doing for the abolition of the death Method: We used analytical and descriptive method and collected data mainly from EU´s online official sources on legal framework of the death penalty and organized them in chronological order as they entered in to legislation in the following chapters. Results: Based on the theoretical explanation of the issue of the death penalty and with outlining of basic international and European treaties on the death penalty, we concluded that the EU in the issue of the death penalty creates its own contracts and demarches and through their action plans and public statements is trying to regulate and gradualy eliminate the death penalty from legislation of individual states. Society: In the 21st century the death penalty is quite often used but also abused and it is important as far as it is possible to enlighten the public with this issue Limitations / further research: It is close to impossible to gather direct sources especialy from the states where this issue is of highest importance and the resources they are providing are distorted

42 CFR 3.404 - Amount of a civil money penalty.

Science.gov (United States)

2010-10-01

... 42 Public Health 1 2010-10-01 2010-10-01 false Amount of a civil money penalty. 3.404 Section 3... money penalty. (a) The amount of a civil money penalty will be determined in accordance with paragraph (b) of this section and § 3.408 of this subpart. (b) The Secretary may impose a civil money penalty...

Use of reward-penalty structures in human experimentation

Science.gov (United States)

Stein, A. C.; Allen, R. W.; Schwartz, S. H.

1978-01-01

The use of motivational techniques in human performance research is reviewed and an example study employing a reward-penalty structure to simulate the motivations inherent in a real-world situation is presented. Driver behavior in a decision-making driving scenario was studied. The task involved control of an instrumented car on a cooperative test course. Subjects were penalized monetarily for tickets and accidents and rewarded for saving driving time. Two groups were assigned different ticket penalties. The group with the highest penalties tended to drive more conservatively. However, the average total payoff to each group was the same, as the conservative drivers traded off slower driving times with lower ticket penalties.

The debate on expanding criminal law towards upper class criminality and minimal criminal law

Directory of Open Access Journals (Sweden)

Julio César Montáñez-Ruiz

2010-06-01

Full Text Available Hoy en día el debate sobre la pregunta de cuáles conflictos sociales deben ser castigados desde la óptica de la política criminal aún continúa. La batalla para imponer un particular discurso de criminalidad está relacionada con el hecho de que el marco de la criminalización depende del legislador que refleja la expansión punitiva. El propósito de este artículo es discutir sobre la lucha entre modelos de criminalización, los cuales, de una parte, tienden a la aplicación del sistema criminal persiguiendo a la criminalidad de las clases poderosas y, de otra, buscan el criterio de intervención mínima para prevenir la excesiva intervención del derecho penal.

Transnational Cooperation in Criminal Matters and the Guarantee of a Fair Trial: Approaches to a General Principle

Directory of Open Access Journals (Sweden)

Sabine Gless

2013-09-01

Full Text Available The right to a fair trial has grown in importance over the past few decades as criminal procedures and human rights law have aligned themselves more and more closely. A core aspect of our current European understanding of a ‘fair criminal trial’ is the so-called ‘equality of arms’, which requires that each party be given a reasonable opportunity to present his case under conditions that do not place him at a substantial disadvantage vis-à-vis his opponent. In cases which affect more than one jurisdiction – either because an alleged crime causes damage in different countries, evidence is located abroad or for some other reason – the accused and his defence lawyer may be left without any such a guarantee in the legal ‘black hole’ between the protections that are normally offered by each of the jurisdictions involved, albeit separately.The situation is not one of a dramatic alteration of legal frameworks; instead, it is the small encroachments caused by transnational cooperation that matter and which can be summed up on the basis that domestic and foreign prosecution authorities have, effectively, closed the circuit between them. These authorities are now embedded in formal networks which would have, for instance, the possibility to forum shop (i.e. to choose the ‘best place’ to prosecute. The emerging EU legal framework that has been built on mutual recognition and installing new central agencies has added to the problems faced by the defence. Moreover, the existing legal regimes designed to protect do not grant ‘equality of arms’ in the space between jurisdictions: national law usually provides few answers and international law, including the likes of the ECHR or the EU Charter on Fundamental Rights, do not offer many solutions, either.This article therefore argues that an aspiring ‘right to a fair trial’ or, rather, an entitlement to equality of arms as a general principle of transnational criminal justice that would

On the expected discounted penalty functions for two classes of risk processes under a threshold dividend strategy

Science.gov (United States)

Lu, Zhaoyang; Xu, Wei; Sun, Decai; Han, Weiguo

2009-10-01

In this paper, the discounted penalty (Gerber-Shiu) functions for a risk model involving two independent classes of insurance risks under a threshold dividend strategy are developed. We also assume that the two claim number processes are independent Poisson and generalized Erlang (2) processes, respectively. When the surplus is above this threshold level, dividends are paid at a constant rate that does not exceed the premium rate. Two systems of integro-differential equations for discounted penalty functions are derived, based on whether the surplus is above this threshold level. Laplace transformations of the discounted penalty functions when the surplus is below the threshold level are obtained. And we also derive a system of renewal equations satisfied by the discounted penalty function with initial surplus above the threshold strategy via the Dickson-Hipp operator. Finally, analytical solutions of the two systems of integro-differential equations are presented.

Manufacturing white criminals: Depictions of criminality and violence on Law & Order

Directory of Open Access Journals (Sweden)

Andrew G. Selepak

2015-12-01

Full Text Available This study examines exposure to the police drama television genre and its impact on perceptions of crime and racial criminality. Content analyses of three seasons of Law & Order were examined to evaluate the show’s portrayal of race and crime compared to actual crime statistics for New York City during the same periods. A survey was also conducted to examine perceptions of personal safety and the influence of television’s depiction of race and crime. Results suggest whites are disproportionately portrayed as criminals five to eight times more often on police dramas compared to actual crime statistics for the city of New York, exposure to police dramas increases beliefs of threats to personal safety, and exposure to police dramas leads to elevated perceptions of white criminality among non-whites. Results provide additional support for cultivation theory and “Mean World Syndrome,” and implications for delimitation and racial distrust.

78 FR 49370 - Inflation Adjustment of Maximum Forfeiture Penalties

Science.gov (United States)

2013-08-14

... ``civil monetary penalties provided by law'' at least once every four years. DATES: Effective September 13... increases the maximum civil monetary forfeiture penalties available to the Commission under its rules... maximum civil penalties established in that section to account for inflation since the last adjustment to...

32 CFR 269.3 - Civil monetary penalty inflation adjustment.

Science.gov (United States)

2010-07-01

... 32 National Defense 2 2010-07-01 2010-07-01 false Civil monetary penalty inflation adjustment. 269... DEFENSE (CONTINUED) MISCELLANEOUS CIVIL MONETARY PENALTY INFLATION ADJUSTMENT § 269.3 Civil monetary penalty inflation adjustment. The Department shall, not later than 180 days after the enactment of the...

45 CFR 305.40 - Penalty performance measures and levels.

Science.gov (United States)

2010-10-01

... HUMAN SERVICES PROGRAM PERFORMANCE MEASURES, STANDARDS, FINANCIAL INCENTIVES, AND PENALTIES § 305.40 Penalty performance measures and levels. (a) There are three performance measures for which States must... 45 Public Welfare 2 2010-10-01 2010-10-01 false Penalty performance measures and levels. 305.40...

About decision of question of social conditionality to the law on criminal responsibility in labours of O. V. Naden

Directory of Open Access Journals (Sweden)

О. О. Пащенко

2013-10-01

Full Text Available The scientific looks of О. V. Naden in relation to the problem of social conditionality of criminal legislation are investigated. Factors that are offered to take into account a legislator during setting of criminal responsibility for certain kind’s publicly dangerous behavior are considered. The realizable a scientist attempt of decision of problem is analyzed at general level by means of determination of limits of sphere of the criminal and legal adjusting.

49 CFR 235.9 - Civil penalty.

Science.gov (United States)

2010-10-01

... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 235.9 Section 235.9 Transportation... SIGNAL SYSTEM OR RELIEF FROM THE REQUIREMENTS OF PART 236 § 235.9 Civil penalty. Any person (an entity of... violates any requirement of this part or causes the violation of any such requirement is subject to a civil...

The Part-Time Pay Penalty for Women in Britain

OpenAIRE

Manning, Alan; Petrongolo, Barbara

2007-01-01

Women in Britain who work part-time have, on average, hourly earnings about 25% less than that of women working full-time. This gap has widened greatly over the past 30 years. This paper tries to explain this part-time pay penalty. It shows that a sizeable part of the penalty can be explained by the differing characteristics pf FT and PT women. Inclusion of standard demographics halves the estimate of the pay penalty. But inclusion of occupation makes the pay penalty very small, suggesting th...

Some Common Issues and the Application of more Favorable Criminal Law for Crimes against the Person according to the New Criminal Code

Directory of Open Access Journals (Sweden)

Ion Rusu

2015-12-01

Full Text Available The paper examines the main common issues of crimes against the person, and some other situations of more favorable criminal law enforcement. The innovations consist in the conducted examination and the views expressed on some situations in which the more favorable criminal law should be applied. The main change with a strong preventive feature is to introduce the two institutions, namely, the renunciation of applying the punishment and postponing the punishment, which generally is given a favoring regime to physical or legal entities being at their first conflict with the law or in the case of committing crimes whose seriousness is reduced. The paper continues other papers published in the field, and it can be useful both to academics and practitioners in the domain of preventing and combating crime of this kind.

21 CFR 1405.625 - Criminal drug statute.

Science.gov (United States)

2010-04-01

... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Criminal drug statute. 1405.625 Section 1405.625 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1405.625 Criminal drug statute. Criminal drug statute means a...

PENERAPAN SANKSI PIDANA DENDA TERHADAP PELAKU KEJAHATAN NARKOTIKA (Studi Kasus Pendapat Hakim Di Pengadilan Negeri Kendari

Directory of Open Access Journals (Sweden)

Muhammad Asrianto Zainal

2017-05-01

Full Text Available The study aims to analyse the opinion of a judge about fine penalty in narcotics’s case at Kendari’s court, how to determine the application of fine penalty in narcotics’s case, and the prospects of criminal penalties in the future. In this study, the authors employed a descriptive qualitative design by conducting interviews to collect the primary data and a library research to obtain secondary data and the documentation. Research findings showed that there are some major perceptions of judge in considering fine penalty. One of them is to aggravate the sanctions against offenders. Meanwhile, based on the government point of view, the majority of judges found that the fine penalty becomes the income for the government, and others argue that it helps to reduce the excess capacity of prison which indeed decreases the government burdens in this aspect. However, infact, when the judges decide the penalty, they often do not follow the regulation and even give lighter punishment for narcotics criminal than which is stated on the law. In addition, the fine payment in the future will be more established because of  the payment of criminal fines in the future can be paid through installments.

The Value Of Justice In Child Criminal Justice System A Review Of Indonesian Criminal Law

Directory of Open Access Journals (Sweden)

Andi Sofyan

2015-08-01

Full Text Available The value of justice in Act No. 11 of 2012 concerns the Child Criminal Justice System Act No. SPPA confirms the Restorative Justice Approach as a method of disputes resolution. The method of research used was normative-legal research with philosophical approach. The results showed that the value of restorative justice through diversion contained in Act SPPA but the diversion limit for certain types of criminal acts and threats of punishment under seven 7 years and not a repetition criminal recidivists. This indicates that Act SPPA still contained a retributive justice not promote the interests of protection for child.

Sequencing Disadvantage: Barriers to Employment Facing Young Black and White Men with Criminal Records

Science.gov (United States)

PAGER, DEVAH; WESTERN, BRUCE; SUGIE, NAOMI

2013-01-01

In this article, the authors report the results of a large-scale field experiment conducted in New York City investigating the effects of race and a prison record on employment. Teams of black and white men were matched and sent to apply for low-wage jobs throughout the city, presenting equivalent resumés and differing only in their race and criminal background. The authors find a significant negative effect of a criminal record on employment outcomes that appears substantially larger for African Americans. The sequence of interactions preceding hiring decisions suggests that black applicants are less often invited to interview, thereby providing fewer opportunities to establish rapport with the employer. Furthermore, employers’ general reluctance to discuss the criminal record of an applicant appears especially harmful for black ex-offenders. Overall, these results point to the importance of rapport-building for finding work, something that the stigmatizing characteristics of minority and criminal status make more difficult to achieve. PMID:23459367

Keeping Pace with Criminals: An Extended Study of Designing Patrol Allocation against Adaptive Opportunistic Criminals

Directory of Open Access Journals (Sweden)

Chao Zhang

2016-06-01

Full Text Available Game theoretic approaches have recently been used to model the deterrence effect of patrol officers’ assignments on opportunistic crimes in urban areas. One major challenge in this domain is modeling the behavior of opportunistic criminals. Compared to strategic attackers (such as terrorists who execute a well-laid out plan, opportunistic criminals are less strategic in planning attacks and more flexible in executing well-laid plans based on their knowledge of patrol officers’ assignments. In this paper, we aim to design an optimal police patrolling strategy against opportunistic criminals in urban areas. Our approach is comprised by two major parts: learning a model of the opportunistic criminal (and how he or she responds to patrols and then planning optimal patrols against this learned model. The planning part, by using information about how criminals responds to patrols, takes into account the strategic game interaction between the police and criminals. In more detail, first, we propose two categories of models for modeling opportunistic crimes. The first category of models learns the relationship between defender strategy and crime distribution as a Markov chain. The second category of models represents the interaction of criminals and patrol officers as a Dynamic Bayesian Network (DBN with the number of criminals as the unobserved hidden states. To this end, we: (i apply standard algorithms, such as Expectation Maximization (EM, to learn the parameters of the DBN; (ii modify the DBN representation that allows for a compact representation of the model, resulting in better learning accuracy and the increased speed of learning of the EM algorithm when used for the modified DBN. These modifications exploit the structure of the problem and use independence assumptions to factorize the large joint probability distributions. Next, we propose an iterative learning and planning mechanism that periodically updates the adversary model. We

46 CFR 506.4 - Cost of living adjustments of civil monetary penalties.

Science.gov (United States)

2010-10-01

... 46 Shipping 9 2010-10-01 2010-10-01 false Cost of living adjustments of civil monetary penalties... MONETARY PENALTY INFLATION ADJUSTMENT § 506.4 Cost of living adjustments of civil monetary penalties. (a... penalty for each civil monetary penalty by the cost-of-living adjustment. Any increase determined under...

Editorial International Criminal Justice, Peace and Reconciliation in ...

African Journals Online (AJOL)

conference in July 2014 on the theme 'International Criminal Justice,. Reconciliation ... International Criminal Court (ICC) had come to occupy in discussions .... Pella, V. P., 1950, 'Towards an international criminal court', The American Journal.

Relationships among race, education, criminal thinking, and recidivism: moderator and mediator effects.

Science.gov (United States)

Walters, Glenn D

2014-02-01

Moderator and mediator relationships linking variables from three different theoretical traditions-race (subcultural theory), education (life-course theory), and criminal thinking (social learning theory)-and recidivism were examined in 1,101 released male federal prison inmates. Preliminary regression analyses indicated that racial status (White, Black, Hispanic) moderated the relationship between criminal thinking, as measured by the General Criminal Thinking (GCT) score of the Psychological Inventory of Criminal Thinking Styles (PICTS), and recidivism. Further analysis, however, revealed that it was not racial status, per se, that moderated the relationship between the PICTS and recidivism, but educational attainment. Whereas the PICTS was largely effective in predicting recidivism in inmates with 12 or more years of education, it was largely ineffective in predicting recidivism in inmates with fewer than 12 years of education. When education and the GCT score were compared as possible mediators of the race-recidivism relationship only the GCT successfully mediated this relationship. Sensitivity testing showed that the GCT mediating effect was moderately robust to violations of the sequential ignorability assumption on which causal mediation analysis rests. Moderator and mediator analyses are potentially important avenues through which theoretical constructs can be integrated and assessment strategies devised.

How can the criminal law support the provision of quality in healthcare?

Science.gov (United States)

Yeung, Karen; Horder, Jeremy

2014-06-01

The egregious failings in patient safety at Mid Staffordshire NHS Foundation Trust between 2005 and 2009 identified by Sir Robert Francis QC in his public inquiry prompted him to recommend the introduction of a new criminal offence into English law in circumstances where a patient dies or is seriously harmed by a breach of fundamental standards. The authors evaluate whether, from the perspective of fairness and justice, a new criminal offence in this context is necessary and desirable. The authors considered the basic principles and functions of the criminal law and compared them with the principles and functions of the civil law. They then identify two primary tasks for the criminal law to perform in healthcare settings: (a) to establish primary duties to patients consisting of appropriately graded offences targeted at conduct that harms patients or unjustifiably poses risks to patients, and (b) to establish secondary duties to patients, consisting of offences aimed at punishing and deterring instances in which healthcare management and workers undermine the goals of regulation by lying or giving misleading information to regulatory officials or by obstructing their work. The authors focus on the first of these functions, identifying the scope of existing regulatory schemes that may give rise to criminal liability in English law when applied to healthcare contexts to identify whether a new criminal offence is needed. A gap in the existing regime of criminal liability is identified, and it is this gap which a new criminal offence seeks to fill. The authors suggest how such an offence should be structured, drawing primarily upon foundational principles of criminal liability. It is suggested that a new general offence of wilfully neglecting or ill-treating a patient that can be committed by any healthcare organisation or worker (appropriately defined) is warranted. The criminal law has an important role to play in the healthcare context. Its central function is not

Defendants' Rights in Criminal Trials.

Science.gov (United States)

Martin, Ralph C., II; Keeley, Elizabeth

1997-01-01

Reviews the protections afforded by the Constitution for defendants in criminal trials. These include the right to a jury trial (in cases of possible incarceration), an impartial jury, and the requirement of a unanimous verdict. Defends the use of plea bargaining as essential to an efficient criminal justice system. (MJP)

Drug Use and Criminal Behavior

Science.gov (United States)

Fink, Ludwig; Hyatt, Murray P.

1978-01-01

An overview of addiction and crime is presented. Crimes of violence and sex crimes are contrasted with non-violent criminal behavior when drug-connected. It is suggested that alternative methods of dealing with drug abuse and criminal behavior be explored, and that several previously discarded methods be re-examined. (Author)

JPRS Report: East Asia, Southeast Asia, LPDR Criminal Code, Courts, and Criminal Procedure.

Science.gov (United States)

1991-03-05

1941 - 1991 JPRS Repor East Asia Southeast Asia LPDR Criminal Code, Courts, and Criminal Procedure mom m £C QUALITY »ra^r...prostitution, will be impris- oned for three to five years. Article 124. Incest . Anyone who has sexual intercourse with parents, step- parents...This consists of facts which indicate whether there have been actions dangerous to society, the guilt of the per- sons who undertook the

Improvements of the Penalty Avoiding Rational Policy Making Algorithm and an Application to the Othello Game

Science.gov (United States)

Miyazaki, Kazuteru; Tsuboi, Sougo; Kobayashi, Shigenobu

The purpose of reinforcement learning is to learn an optimal policy in general. However, in 2-players games such as the othello game, it is important to acquire a penalty avoiding policy. In this paper, we focus on formation of a penalty avoiding policy based on the Penalty Avoiding Rational Policy Making algorithm [Miyazaki 01]. In applying it to large-scale problems, we are confronted with the curse of dimensionality. We introduce several ideas and heuristics to overcome the combinational explosion in large-scale problems. First, we propose an algorithm to save the memory by calculation of state transition. Second, we describe how to restrict exploration by two type knowledge; KIFU database and evaluation funcion. We show that our learning player can always defeat against the well-known othello game program KITTY.

The Expansion of Swiss Criminal Jurisdiction in Light of International Law

Directory of Open Access Journals (Sweden)

Anna Petrig

2013-09-01

Full Text Available Over the last few decades, a global trend of extending the reach of domestic penal power can be observed, namely driven by the changing face of crime as it becomes increasingly transnational in nature. It is demonstrated in this article that the Swiss legislature has clearly followed this global trend of broadening the extraterritorial reach of domestic criminal law, most notably since the 1980s. It has acted with particular resolve in the last decade, adding jurisdictional bases to the Swiss Criminal Code by virtue of which Swiss criminal law can be applied to many instances of conduct taking place abroad. Certain offences – specified crimes against minors and female genital mutilation – have even been subjected to an absolute and unrestricted universality principle. The Swiss legislature is not indifferent to the problems that such an expansive approach to jurisdiction may create, notably in terms of conflicts of jurisdiction. Yet, the rules it adopted to temper the effects of applying Swiss criminal law to extraterritorial conduct only partially remedy the situation. This development in Swiss law begs the question whether such an expansive approach towards jurisdiction is permissible – or even encouraged or requested by international law. Hence, this article explores to what extent international law informs the reach of domestic penal power and concludes that international law is Janus-faced with regard to the question of the geographical scope of domestic criminal law. While some of its rules push for long-arm jurisdiction, others put limits on the domestic legislature’s endeavour to expand the reach of its domestic criminal law. In light of this, the idea of adopting, on an international level, general principles governing the definition of the scope of domestic prescriptive and adjudicative jurisdiction for transnational cases is tempting, albeit difficult to realize.

Penalty payments for placement of advertising boards and structures

Directory of Open Access Journals (Sweden)

Małgorzata Ofiarska

2017-09-01

Full Text Available The paper presents the essence, premises of application and sentencing guidelines regarding penalty payments for placement of advertising boards or structures in the public space in violation of regulations and conditions for placement thereof stipulated in the Commune Council resolution (ordinance. Structural elements constituting penalty payments are specified in the Planning and Development Act. The amount of penalty is determined by a decision taken by commune administrator (town mayor, city mayor. The ordinance specifies criteria for establishing the amount of penalty payments, taking into consideration the size of the advertising board or structure and the multiple of applicable advertising fees specified by the Commune Council for a given area or maximum fee recognized in the ordinance. Proceeds from penalty payments constitute a source of municipality’s own revenue, and are included among the so-called non-tax budget receivables.

Expert Evidence and International Criminal Justice

DEFF Research Database (Denmark)

Appazov, Artur

The book is a comprehensive narration of the use of expertise in international criminal trials offering reflection on standards concerning the quality and presentation of expert evidence. It analyzes and critiques the rules governing expert evidence in international criminal trials...... and the strategies employed by counsel and courts relying upon expert evidence and challenges that courts face determining its reliability. In particular, the author considers how the procedural and evidentiary architecture of international criminal courts and tribunals influences the courts' ability to meaningfully...... incorporate expert evidence into the rational fact-finding process. The book provides analysis of the unique properties of expert evidence as compared with other forms of evidence and the challenges that these properties present for fact-finding in international criminal trials. It draws conclusions about...

42 CFR 493.1834 - Civil money penalty.

Science.gov (United States)

2010-10-01

... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalty. 493.1834 Section 493.1834... (CONTINUED) STANDARDS AND CERTIFICATION LABORATORY REQUIREMENTS Enforcement Procedures § 493.1834 Civil money... Secretary to impose civil money penalties on laboratories. Section 1846(b)(3) of the Act specifically...

Legal and Jurisprudential Bases of Marital Rape Criminalization

Directory of Open Access Journals (Sweden)

سید علیرضا میرکمالی

2017-12-01

Full Text Available Women are, due to their physical, psychological and social nature, most exposed to crime and are thus fragile against criminals. Moreover, they may be forced by their husbands and in the context of marriage to unusual sexual intercourses in environments such as home. Couples are free in having sexual intercourse, but his freedom should not be detrimental to one another. For this reason, the differential criminal protection of women through special criminalization of some behaviors is one of the ways to support women and reduce the likelihood of the commitment of crimes against them. Under the Iranian penal law, this practice has not been criminalized, while it seems that principles of Islamic jurisprudence and criminal law can help to criminalize it. This behavior along with moral values and social norms lead to persecution and harassment of the wife as well; and since Islam forbids committing the unlawful act and its perpetrator could be punished, therefore it is necessary that this immoral and aberrant behavior considered to be criminal.

77 FR 65100 - Adjustment of Civil Monetary Penalties for Inflation

Science.gov (United States)

2012-10-25

... Penalties for Inflation AGENCY: Commodity Futures Trading Commission ACTION: Final rule. SUMMARY: The... civil monetary penalties, to adjust for inflation. This rule sets forth the maximum, inflation-adjusted... Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement...

Justifying genetics as a possible legal defence to criminal ...

African Journals Online (AJOL)

However, jurisprudence of many criminal cases tends to question whether a person's inherited genes predispose him to violence and further determine his criminal responsibility in law. Under the Nigerian criminal law, the legal test of criminal responsibility is mainly whether the accused person intends the consequence of ...

A garland for consumers: Will the Garland case provide safeguards for vulnerable consumers?

International Nuclear Information System (INIS)

Reid, H.

2000-01-01

In Garland versus Consumer Gas, the Supreme Court of Canada in October 1998 ruled that the late payment penalties (LPP) charged by Consumer Gas constitute a criminal interest rate, contrary to Section 347 of the Criminal Code. The decision was unexpected in as much as the LPP had been continuously approved by the Ontario Energy Board since its adoption in 1975. This case is used here as an illustration of how consumers, who possess little bargaining power, may be protected from usurious penalties and charges for late payment. An examination of the legislative history surrounding the adoption of Section 347 of the Criminal Code, and a review of relevant Canadian case law with emphasis on the Supreme Court's reasoning with respect to the LPP in the Garland case, is followed by a comparison of Canadian experience with consumer protection in the United States and the United Kingdom. Policy implications of the Garland case from a consumer perspective are examined in general, and in terms of various industries as may be found in policy statements of specific companies. Recommendations are offered suggesting actions that may be taken to further protect consumers from exploitative credit arrangements.48 refs

[Criminal implication of sponsoring in medicine: legal ramifactions and recommendations].

Science.gov (United States)

Mahnken, A H; Theilmann, M; Bolenz, M; Günther, R W

2005-08-01

As a consequence of the so-called "Heart-Valve-Affair" in 1994, the German public became aware of the potential criminal significance of industrial sponsoring and third-party financial support in medicine. Since 1997, when the German Anti-Corruption Law came into effect, the penal regulations regarding bribery and benefits for public officers were tightened. Due to the lack of explicit and generally accepted guidelines in combination with regional differences of jurisdiction, there is a lingering uncertainty regarding the criminal aspects of third-party funding and industrial sponsoring. The aim of this review is to summarize the penal and professional implications of third-party funding and sponsoring in medicine including recent aspects of jurisdiction. The currently available recommendations on this issue are introduced.

Criminal implication of sponsoring in medicine: legal ramifactions and recommendations

International Nuclear Information System (INIS)

Mahnken, A.H.; Guenther, R.W.; Theilmann, M.; Bolenz, M.

2005-01-01

As a consequence of the so-called ''Heart-Valve-Affair'' in 1994, the German public became aware of the potential criminal significance of industrial sponsoring and third-party financial support in medicine. Since 1997, when the German Anti-Corruption Law came into effect, the penal regulations regarding bribery and benefits for public officers were tightened. Due to the lack of explicit and generally accepted guidelines in combination with regional differences of jurisdiction, there is a lingering uncertainty regarding the criminal aspects of third-party funding and industrial sponsoring. The aim of this review is to summarize the penal and professional implications of third-party funding and sponsoring in medicine including recent aspects of jurisdiction. The currently available recommendations on this issue are introduced. (orig.)

General problems

International Nuclear Information System (INIS)

2005-01-01

This article presents the general problems as natural disasters, consequences of global climate change, public health, the danger of criminal actions, the availability to information about problems of environment

25 CFR 101.15 - Penalties on default.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Penalties on default. 101.15 Section 101.15 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR FINANCIAL ACTIVITIES LOANS TO INDIANS FROM THE REVOLVING LOAN FUND § 101.15 Penalties on default. Unless otherwise provided in the loan agreement between...

31 CFR 544.702 - Pre-Penalty Notice; settlement.

Science.gov (United States)

2010-07-01

... set forth in this paragraph. The failure to submit a response within the applicable time period set... envelope in which the Pre-Penalty Notice was mailed. If the Pre-Penalty Notice was personally delivered by...

Criminal Compliance

Directory of Open Access Journals (Sweden)

Cristina Antonella Andretta

2015-10-01

The article discusses the concepts of both compliance and criminal compliance, its main components and structure as well as the main rules relating to its global application, and finally his emergence in the Ecuadorian legal system.

Appropriate design of auctions for renewable energy support – Prequalifications and penalties

International Nuclear Information System (INIS)

Kreiss, Jan; Ehrhart, Karl-Martin; Haufe, Marie-Christin

2017-01-01

Auctions are a promising tool to accomplish renewable energy support (RES). However, they involve diverse risks for the auctioneer and the bidders. The major risk for the auctioneer – with respect to the expansion target and the acceptance of auctions for RES in general – is the risk of non-realization: awarded bidders do not realize their projects. The main reasons are bidders' uncertainties concerning their project costs. The auctioneer can reduce the non-realization risk by taking various measures. The most discussed and implemented measures are financial and physical prequalifications and penalties. An evaluation of these measures has relevant implications for an appropriate auctions design for RES. The non-realization option induces lower bids. A suitable combination of financial and physical prequalifications can reduce the non-realization risk significantly, however, involves sunk costs. Counterintuitively, first-price auction and second-price auction lead to different expected award prices and different realization probabilities. Penalties bear a high risk of inefficient auction outcomes. The appropriate parametrization and combination of the measures is challenging. Under consideration of all implications, we recommend high financial and adjusted physical prequalifications to achieve a sufficiently high realization rate while maintaining efficiency. - Highlights: • The non-realization risk is a major problem of auctions for RES. • Designated measures are financial and physical prequalifications and penalties. • Prequalifications and penalties have different effects on auction outcome. • The non-realization option violates the revenue equivalence theorem. • We recommend high financial and adjusted physical prequalifications.

Methods and manners of interpretation of criminal norms | Assefa ...

African Journals Online (AJOL)

The criminal justice system is constituted of criminal norms, institutions and methods, among others. Interpretation of the criminal law is a process that transforms the text of the law into reality. The process is influenced by various factors, such as, the courts' conception of the criminal law, the concept and practice of ...

Criminal Trajectories of White-collar Offenders

NARCIS (Netherlands)

van Onna, J.; van der Geest, V.R.; Huisman, W.; Denkers, A.J.M.

2014-01-01

Objectives:This article analyzes the criminal development and sociodemographic and criminal profile of a sample of prosecuted white-collar offenders. It identifies trajectory groups and describes their profiles based on crime, sociodemographic, and selection offence characteristics.Methods:The

Underlying causes of the emerging nonmetropolitan mortality penalty.

Science.gov (United States)

Cossman, Jeralynn S; James, Wesley L; Cosby, Arthur G; Cossman, Ronald E

2010-08-01

The nonmetropolitan mortality penalty results in an estimated 40 201 excessive US deaths per year, deaths that would not occur if nonmetropolitan and metropolitan residents died at the same rate. We explored the underlying causes of the nonmetropolitan mortality penalty by examining variation in cause of death. Declines in heart disease and cancer death rates in metropolitan areas drive the nonmetropolitan mortality penalty. Future work should explore why the top causes of death are higher in nonmetropolitan areas than they are in metropolitan areas.

What Defines an International Criminal Court?

DEFF Research Database (Denmark)

Kjeldgaard-Pedersen, Astrid

2015-01-01

that only criminal tribunals deriving their authority from international law should be labelled ‘international’, while the term ‘national criminal court’ should apply to tribunals set up under national law. This terminology would underline that issues concerning jurisdiction and applicable law must......Since the post-World War II tribunals, only few scholars have attempted to draw a definitional distinction between international and national criminal courts. Remarkable exceptions include Robert Woetzel, who in 1962 categorized criminal courts according to ‘the involvement of the international...... that ‘the involvement of the international community’ is at best an unhelpful criterion when it comes to resolving questions, e.g. regarding the immunity of state officials and the relevance of domestic law, that require a determination of the legal system in which the court operates. Instead, it is argued...

7 CFR 781.4 - Assessment of penalties.

Science.gov (United States)

2010-01-01

... following penalties: (1) Late-filed reports: One-tenth of one percent of the fair market value, as..., but the total penalty imposed shall not exceed 25 percent of the fair market value of the foreign... accurate information: 25 percent of the fair market value, as determined by the Farm Service Agency, of the...

49 CFR 599.514 - Assessment of civil penalties.

Science.gov (United States)

2010-10-01

... ASSISTANCE TO RECYCLE AND SAVE ACT PROGRAM Enforcement § 599.514 Assessment of civil penalties. (a) Not later... the amount of the civil penalty, the severity of the violation and the intent and history of the party...

32 CFR 635.5 - Police Intelligence/Criminal Information.

Science.gov (United States)

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Police Intelligence/Criminal Information. 635.5... ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Records Administration § 635.5 Police Intelligence/Criminal Information. (a) The purpose of gathering police intelligence is to identify individuals...

[Neurobiological determinism: questionable inferences on human freedom of choice and forensic criminal responsibility].

Science.gov (United States)

Urbaniok, F; Hardegger, J; Rossegger, A; Endrass, J

2006-08-01

Several authors argue that criminal behavior is generally caused by neurobiological deficits. Based on this neurobiological perspective of assumed causality, the concept of free will is questioned, and the theory of neurobiological determinism of all human behavior is put forward, thus maintaining that human beings are not responsible for their actions, and consequently the principle of guilt should be given up in criminal law. In this context the controversial debate on determinism and indeterminism, which has been held for centuries, has flared up anew, especially within the science of criminal law. When critically examining the current state of research, it becomes apparent that the results do not support the existence of a universally valid neurobiological causality of criminal behavior, nor a theory of an absolute neurobiological determinism. Neither is complete determination of all phenomena in the universe--as maintained--the logical conclusion of the principle of causality, nor is it empirically confirmed. Analyzed methodically, it cannot be falsified, and thus, as a theory which cannot be empirically tested, it represents a dogma against which plausible objections can be made. The criticism of the concept of free will, and even more so of human accountability and criminal responsibility, is not put forward in a valid way. The principle of relative determinism--the evaluation of the degree of determinism of personality factors potentially reducing criminal responsibility, which includes concrete observations and analysis of behavior--thus remains a central and cogent approach to the assessment of criminal responsibility. To sum up, the theories proposed by some authors on the complete neurobiological determinism of human behavior, and the subsequent impossibility of individual responsibility and guilt, reveal both methodical misconception and a lack of empirical foundation.

Penitence in Terms of Tax Law and Criminal Law Norms: Problems-Approaches-Solution Proposal

Directory of Open Access Journals (Sweden)

Burçin BOZDOĞANOĞLU

2016-12-01

Full Text Available In our country, despite basis of statement is accepted, determination of reported basis of assessment could be done by tax audition. Located in Tax Law Article 371 penitence and rectification provides the ability to resolve disputes to taxpayer at the administrative stage providing certain conditions, on taxes based on declaration. According to Article 359 of Tax Law, based on the conditions mentioned in Article 371 of the law states with penitence about the status of the penitence to the relevant authorities it is started whether the application of criminal smuggling. So, “payment” condition in Article 371 which is currently taken a place among the conditions to benefit from located penitence institution and tax loss that prevents withdrawal penalty, the issue is not the punishment of trafficking in terms of the current is still in the case of a subject that cannot be agreed upon. However the fate of specified period of time for penitence institute existence of force majeure is controversial issue. In this context; the processing of tax evasion rather than tax loss without penitence institution evaluation of the implementation of equality in taxation. Results can occur within the framework of the provisions on the grounds penitence tax declarations which are not accepted for the reason of given without tax loss rather than a move to focus on the value of properties. In our study, these issues are evaluated, based on tax law and criminal law norms and offers opinions and suggestions for issues raised.

Exact penalty results for mathematical programs with vanishing constraints

Czech Academy of Sciences Publication Activity Database

Hoheisel, T.; Kanzow, Ch.; Outrata, Jiří

2010-01-01

Roč. 72, č. 5 (2010), s. 2514-2526 ISSN 0362-546X R&D Projects: GA AV ČR IAA100750802 Institutional research plan: CEZ:AV0Z10750506 Keywords : Mathematical programs with vanishing constraints * Mathematical programs with equilibrium constraints * Exact penalization * Calmness * Subdifferential calculus * Limiting normal cone Subject RIV: BA - General Mathematics Impact factor: 1.279, year: 2010 http://library.utia.cas.cz/separaty/2010/MTR/outrata-exact penalty results for mathematical programs with vanishing constraints.pdf

Protecting Children Rights under International Criminal Justice

Directory of Open Access Journals (Sweden)

Erinda Duraj (Male

2015-03-01

Full Text Available Children are a central concern of international criminal justice. International crimes and other forms of violence and the abuse of children are disturbing daily realities in today’s world. Children and young persons are increasingly being targeted for the purposes of murder, rape, abduction, mutilation, recruitment as child soldiers, trafficking, sexual exploitation and other abuses. Sierra Leone, the Democratic Republic of Congo, Rwanda, Colombia, and many others illustrate this. The participation of children in international criminal justice and other accountability mechanisms is now one of the major issues facing criminal justice today. In this sense, this paper presents a short overview on the issue of children and their participation in international criminal justice. The paper thus focuses on giving a definition of “child/children” according to international norms, which are the key principles of children’s rights, their participation in the criminal justice system, the different international crimes committed by them or against them etc. Also, this paper briefly addresses the main contours of the normative framework regarding the criminal responsibility of children for their alleged participation in international crimes. It reviews international norms regarding children who may be accused of having participated in the commission of such crimes themselves (as child soldiers and identifies their criminal responsibility for such acts. Finally, this paper acknowledges the obligations of states under international law to prosecute persons accused of genocide, war crimes, crimes against humanity, torture and enforced disappearances, specifically focusing on crimes against children.

PERDEBATAN HUKUMAN MATI DI INDONESIA: Suatu Kajian Perbandingan Hukum Islam dengan Hukum Pidana Indonesia

Directory of Open Access Journals (Sweden)

Muhammad Hatta

2012-12-01

Full Text Available The Debate of Capital Punishment in Indonesia: A Comparative Study between Islamic and Indonesian Criminal Law. Strictly speaking, the Islamic and Indonesian criminal law provide for capital punishment. However, the existence of the death penalty in Indonesia is still debatable. It is assumed that the death penalty is against human rights, but others consider it as to protect the public interest. In order to discuss the contravening views, this paper is an attempt to critically analyzed the issu by using a normative juridical approach. It is concluded in its implementation of capital punishment both the in Islamic and Indonesian criminal law is carefully applied and with the limits prescribed by law. Such restrictions are expected to balance the views between the pro and against capital punishment in Indonesia. The death penalty in Islamic criminal law is to protect religion, life, property, intellect and descendant. The five basic human rights is given by the Almighty God that should be protected, the violator of which is liable for capital punishment.

Euthanasia and criminal law

OpenAIRE

Ullrichová, Petra

2008-01-01

71 8. Summary- Euthanasia and criminal law Euthanasia is often regarded as a controversial topic that is being discussed all around the world. The legislative rules differ among the countries to various extent. The scope of this work is to offer a summary of legal regulations in euthanasia, particulary in the area of criminal law and a several examples of these regulations in Europe, USA and Australia. In the first chapter, the term of euthanasia is defined which is necessary for the purpose ...

12 CFR 1250.3 - Civil money penalties.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Civil money penalties. 1250.3 Section 1250.3 Banks and Banking FEDERAL HOUSING FINANCE AGENCY ENTERPRISES FLOOD INSURANCE § 1250.3 Civil money... to § 1250.2, the Director of FHFA, or his or her designee, may assess civil money penalties against...

General Theory versus ENA Theory: Comparing Their Predictive Accuracy and Scope.

Science.gov (United States)

Ellis, Lee; Hoskin, Anthony; Hartley, Richard; Walsh, Anthony; Widmayer, Alan; Ratnasingam, Malini

2015-12-01

General theory attributes criminal behavior primarily to low self-control, whereas evolutionary neuroandrogenic (ENA) theory envisions criminality as being a crude form of status-striving promoted by high brain exposure to androgens. General theory predicts that self-control will be negatively correlated with risk-taking, while ENA theory implies that these two variables should actually be positively correlated. According to ENA theory, traits such as pain tolerance and muscularity will be positively associated with risk-taking and criminality while general theory makes no predictions concerning these relationships. Data from Malaysia and the United States are used to test 10 hypotheses derived from one or both of these theories. As predicted by both theories, risk-taking was positively correlated with criminality in both countries. However, contrary to general theory and consistent with ENA theory, the correlation between self-control and risk-taking was positive in both countries. General theory's prediction of an inverse correlation between low self-control and criminality was largely supported by the U.S. data but only weakly supported by the Malaysian data. ENA theory's predictions of positive correlations between pain tolerance, muscularity, and offending were largely confirmed. For the 10 hypotheses tested, ENA theory surpassed general theory in predictive scope and accuracy. © The Author(s) 2014.

28 CFR 0.50 - General functions.

Science.gov (United States)

2010-07-01

..., including criminal prosecutions and civil actions and proceedings on behalf of the Government and appellate... Assistant Attorney General, Criminal Division: (1) Sections 591 through 593 and sections 595 through 612 of title 18, U.S. Code, relating to elections and political activities; (2) Sections 241, 242, and 594 of...

26 CFR 301.6231(c)-5 - Criminal investigations.

Science.gov (United States)

2010-04-01

... criminal investigation for violation of the internal revenue laws relating to income tax will interfere... latest taxable year of the partner to which the criminal investigation relates shall be treated as... criminal investigation and written notification is sent by the Internal Revenue Service that the partner's...

46 CFR 5.69 - Evidence of criminal liability.

Science.gov (United States)

2010-10-01

... INVESTIGATION REGULATIONS-PERSONNEL ACTION Statement of Policy and Interpretation § 5.69 Evidence of criminal liability. Evidence of criminal liability discovered during an investigation or hearing conducted pursuant... 46 Shipping 1 2010-10-01 2010-10-01 false Evidence of criminal liability. 5.69 Section 5.69...

On the Issue of the Concept "Coercive Criminality"

Directory of Open Access Journals (Sweden)

Pestereva Y. S.

2014-04-01

Full Text Available The article deals with the actual problems relating to the concept of coercive criminality. Here is determined the lexical scope of the concept "coercion"; the philosophical and criminal law contents of the researched term are compared; the types of the coercive criminality are determined.

Criminal miles and phenomenological aspects of the criminalistics intelligence sources

Directory of Open Access Journals (Sweden)

Manojlović Dragan

2014-01-01

Full Text Available The paper is based on research conducted by the author in the last decades of the twentieth century and the first decade of the third millennium, the modern scientific theory of crime investigation. The author's intention is to complete the huge gap that exists today in our scientific crime literature on the phenomenology of criminalistics intelligence sources. The presence of scientific and technical isolationist and conservative pragmatism in criminalistics theory in us, with whom I have never lied, accordingly, I have tried to work more fully convey the latest scientific views on foreign theory of criminology criminalistics intelligence sources as the primary tool for understanding, recognition and decoding of occurrence in the criminal milieu. From the above it is quite logical and scientific methodology established by first larly exposed to the general approach among law enforcement theory, the criminal underworld, and then access the research of criminalistics intelligence sources, through their determination to categorize the movement and management. From the results, the findings suggest that the traditional model definition, recruitment, management and installation source in a criminal milieu, which applies to us, abandoned for more than three decades of contemporary crime research and professional literature and practice in the world. Furthermore, the results indicate that it is of decisive importance to the understanding of criminalistics intelligence sources, methods of installation, movement models and management resources, to the criminal milieu could understand phenomena that are not visible, and carry with them the challenges, risks and threats. Not more contemporary understanding of the needs of society to counter the criminal activities of individuals or groups, it is enough to have informers or collaborators. Today, the world of crime must confront numerous, well-organized and professional criminalistics intelligence

Child and adolescent psychiatric patients and later criminality

Directory of Open Access Journals (Sweden)

Rydelius Per-Anders

2007-08-01

Full Text Available Abstract Background Sweden has an extensive child and adolescent psychiatric (CAP research tradition in which longitudinal methods are used to study juvenile delinquency. Up to the 1980s, results from descriptions and follow-ups of cohorts of CAP patients showed that children's behavioural disturbances or disorders and school problems, together with dysfunctional family situations, were the main reasons for families, children, and youth to seek help from CAP units. Such factors were also related to registered criminality and registered alcohol and drug abuse in former CAP patients as adults. This study investigated the risk for patients treated 1975–1990 to be registered as criminals until the end of 2003. Methods A regional sample of 1,400 former CAP patients, whose treatment occurred between 1975 and 1990, was followed to 2003, using database-record links to the Register of Persons Convicted of Offences at the National Council for Crime Prevention (NCCP. Results Every third CAP patient treated between 1975 and 1990 (every second man and every fifth woman had entered the Register of Persons Convicted of Offences during the observation period, which is a significantly higher rate than the general population. Conclusion Results were compared to published results for CAP patients who were treated between 1953 and 1955 and followed over 20 years. Compared to the group of CAP patients from the 1950s, the results indicate that the risk for boys to enter the register for criminality has doubled and for girls, the risk seems to have increased sevenfold. The reasons for this change are discussed. Although hypothetical and perhaps speculative this higher risk of later criminality may be the result of lack of social control due to (1 rising consumption of alcohol, (2 changes in organisation of child social welfare work, (3 the school system, and (4 CAP methods that were implemented since 1970.

Individuals with bipolar disorder and their relationship with the criminal justice system: a critical review.

Science.gov (United States)

Fovet, Thomas; Geoffroy, Pierre Alexis; Vaiva, Guillaume; Adins, Catherine; Thomas, Pierre; Amad, Ali

2015-04-01

Bipolar disorder is a severe and prevalent psychiatric disease. Poor outcomes include a high frequency of criminal acts, imprisonments, and repeat offenses. This critical review of the international literature examined several aspects of the complex relationship between individuals with bipolar disorder and the criminal justice system: risk factors for criminal acts, features of bipolar patients' incarceration, and their postrelease trajectories. Publications were obtained from the PubMed and Google Scholar electronic databases by using the following MeSH headings: prison, forensic psychiatry, criminal law, crime, and bipolar disorder. Among patients with bipolar disorder, the frequency of violent criminal acts is higher than in the general population (odds ratio [OR]=2.8, 95% confidence interval [CI]=1.8-4.3). The frequency is higher among patients with bipolar disorder and a comorbid substance use disorder than among those without either disorder (OR=10.1, CI=5.3-19.2). As a result, the prevalence of bipolar disorder among prisoners is high (2%-7%). In prison, patients' bipolar disorder symptoms can complicate their relationship with prison administrators, leading to an increased risk of multiple incarcerations. Moreover, the risk of suicide increases for these prisoners. Criminal acts are common among patients with bipolar disorder and are often associated with problems such as addiction. Thus it is important to improve the diagnosis and treatment of inmates with bipolar disorder.

Pathological gambling and criminality.

Science.gov (United States)

Folino, Jorge Oscar; Abait, Patricia Estela

2009-09-01

To review research results on the relationship between pathological gambling and criminality, published in 2007 and 2008, in English and in Spanish. An important association between pathological gambling and criminality was confirmed in populations of anonymous gamblers, helpline callers and substance abusers. Helplines provide a timely service to gamblers who have not reached the maximum stages in the development of a pathological gambling pattern. Pathological gambling is associated with violence in couples and dysfunctional families. Inversely, violence is also an antecedent promoting vulnerability toward pathological gambling. Impulsiveness shows diverse relationships with pathological gambling and violence as well. A pathological gambler's involvement in crime is exceptionally considered without responsibility by justice, but it may be an indicator of the disorder severity and the need for special therapeutic tactics. While reviewing the present study, research work was published that contributed to a better understanding of the association between pathological gambling and criminality and went further into their complex relationship and the formulation of explanatory models related to impulsiveness.

Criminal Liability for Human Abduction​

Directory of Open Access Journals (Sweden)

Vyacheslav N. Voronin

2017-08-01

Full Text Available The Author considers the quality of the construction of the criminal law provision which is stipulated in article 126 of the Criminal Code of Russian Federation (Kidnapping. The Author signifies some application problems of the concerned article, researches judicial interpretations of the elements of crime characteristics and opinions of contemporary scientists who propose to redraft the article. The Author also analyses the law of Armenia, Belarus, Kyrgyzstan, Turkmenistan, Tajikistan and Latvia. On the basis of the research the Author concludes that a primitive disposition which doesn’t include elements of a criminal conduct doesn’t meet the requirements of legality and legal certainty, and, because of the above-mentioned reason, the Author proposes his own definition of the disposition of kidnapping.

Bribery offences under Vietnamese criminal law in comparision with Swedish and Australian criminal law

OpenAIRE

Dao Le, Thu

2011-01-01

There have been attempts, all over the world, to address bribery with recourse to criminal law. As many other countries, Vietnam has been doing activities that show the determination of combating and controlling corruption, including strengthening penal provisions in terms of bribery. However, the situation of bribery in Vietnam is still alarming. For Vietnamese law enforcement authorities, criminal provisions concerning bribery are neither adequate nor clear. Analysis starts with bot...

The Productivity of Criminology and Criminal Justice Faculty.

Science.gov (United States)

DeZee, Matthew R.

The scholarly productivity of criminology and criminal justice faculty and programs was investigated. The methodologies that were used to rate journals that publish articles in the criminology/criminal justice field and to select 71 schools with graduate programs in criminology or criminal justice are described. Primary interest focused on…

12 CFR 412.13 - Limitations and penalties.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Limitations and penalties. 412.13 Section 412.13 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES ACCEPTANCE OF PAYMENT FROM A NON-FEDERAL SOURCE FOR TRAVEL EXPENSES § 412.13 Limitations and penalties. (a) This part is in addition to and not in...

Criminal law aspects of assisted human reproduction in Serbia

Directory of Open Access Journals (Sweden)

Samardžić Stefan

2013-01-01

Full Text Available Numerous shortcomings of the Law on Infertility Treatment by Biomedically Assisted Fertilization culminate in provisions defining criminal offences. A question is raised regarding the possibility and results of the application of such criminal provisions due to the legislative technique used in the process of their creation, language, qualified forms of the offences, span of criminal sanctions, as well as having in mind the overlapping of such criminal offences with some of the misdemeanors punishable by the same Law. A possibility to provide for a criminal law protection in this highly sensitive area is put into question due to a very courageous action of the legislator reflected in the attempt to introduce criminal offences, punishable by long prison sentences.

Criminal decision making: the development of adolescent judgment, criminal responsibility, and culpability.

Science.gov (United States)

Fried, C S; Reppucci, N D

2001-02-01

Theories of judgment in decision making hypothesize that throughout adolescence, judgment is impaired because the development of several psychosocial factors that are presumed to influence decision making lags behind the development of the cognitive capacities that are required to make mature decisions. This study uses an innovative video technique to examine the role of several psychosocial factors--temporal perspective, peer influence, and risk perception--in adolescent criminal decision making. Results based on data collected from 56 adolescents between the ages of 13 and 18 years revealed that detained youth were more likely to think of future-oriented consequences of engaging in the depicted delinquent act and less likely to anticipate pressure from their friends than nondetained youth. Examination of the developmental functions of the psychosocial factors indicates age-based differences on standardized measures of temporal perspective and resistance to peer influence and on measures of the role of risk perception in criminal decision making. Assessments of criminal responsibility and culpability were predicted by age and ethnicity. Implications for punishment in the juvenile justice system are discussed.

Criminal behavior in frontotemporal dementia and Alzheimer disease.

Science.gov (United States)

Liljegren, Madeleine; Naasan, Georges; Temlett, Julia; Perry, David C; Rankin, Katherine P; Merrilees, Jennifer; Grinberg, Lea T; Seeley, William W; Englund, Elisabet; Miller, Bruce L

2015-03-01

Neurodegenerative diseases can cause dysfunction of neural structures involved in judgment, executive function, emotional processing, sexual behavior, violence, and self-awareness. Such dysfunctions can lead to antisocial and criminal behavior that appears for the first time in the adult or middle-aged individual or even later in life. To investigate the frequency and type of criminal behavior among patients with a diagnosed dementing disorder. We conducted a retrospective medical record review of 2397 patients who were seen at the University of California, San Francisco, Memory and Aging Center between 1999 and 2012, including 545 patients with Alzheimer disease (AD), 171 patients with behavioral variant of frontotemporal dementia (bvFTD), 89 patients with semantic variant of primary progressive aphasia, and 30 patients with Huntington disease. Patient notes containing specific keywords denoting criminal behavior were reviewed. Data were stratified by criminal behavior type and diagnostic groups. Frequencies of criminal behavior and χ² statistics were calculated. Of the 2397 patients studied, 204 (8.5%) had a history of criminal behavior that emerged during their illness. Of the major diagnostic groups, 42 of 545 patients (7.7%) with AD, 64 of 171 patients (37.4%) with bvFTD, 24 of 89 patients (27.0%) with semantic variant of primary progressive aphasia, and 6 of 30 patients (20%) with Huntington disease exhibited criminal behavior. A total of 14% of patients with bvFTD were statistically significantly more likely to present with criminal behavior compared with 2% of patients with AD (P violence compared with 2% of patients with AD (P = .003). Common manifestations of criminal behavior in the bvFTD group included theft, traffic violations, sexual advances, trespassing, and public urination in contrast with those in the AD group, who commonly committed traffic violations, often related to cognitive impairment. Criminal behavior is more common in patients

[Anarchists, Assassins and Revolutionaries. The Psychopathologization of "Political Criminals" between 1880 and 1920].

Science.gov (United States)

Hahn, Judith

2016-01-01

"Political criminals" of the early 20th century were adjudged to be psychopaths, a term which was generally accompanied by a negative moral judgement. However, other more positive appraisals were also made at this time. These contradictory moral judgements by psychiatrists expose the need for an examination of the historical development of concepts, traditions and moral debates associated with political criminals (anarchists, assassins, revolutionaries). This will be undertaken in the context of psychiatry/ criminology, security (and surveillance) policy as well as culture and the arts in German-speaking countries from 1880 to the early 1920s.

The Rise of the Autonomous Cyber Criminal

OpenAIRE

Rogers, Marcus

2015-01-01

Are we on the threshold of a new evolution of cyber crime? There has been numerous discussions and SciFi themes that have centered around truly autonomous online criminal behavior. This talk will look at the myths and realities surrounding the potential for automated systems to turn to the "dark side" and become uber cyber criminals, and what if anything we can do to prevent or at least detect this type of criminal behavior.

Mens Rea Principle and Criminal Jurisprudence in Nigeria ...

African Journals Online (AJOL)

This paper discusses the possibility or otherwise of the application of the common law doctrine of mens rea in Nigerian criminal jurisprudence. Our study discovers that the relevant provisions of the Criminal Code are exhaustive for considering and deciphering the criminal intent, if any, of an accused in view of conviction ...

Criminal Justice History

Directory of Open Access Journals (Sweden)

Thomas Krause

2005-01-01

Full Text Available This review article discusses studies on the history of crime and the criminal law in England and Ireland published during the last few years. These reflect the ›history of crime and punishment‹ as a more or less established sub-discipline of social history, at least in England, whereas it only really began to flourish in the german-speaking world from the 1990s onwards. By contrast, the legal history of the criminal law and its procedure has a strong, recently revived academic tradition in Germany that does not really have a parallel in the British Isles, whose legal scholars still evidence their traditional reluctance to confront penal subjects.

Specious Rights: Myth vs. Reality in the American Criminal Justice System

Science.gov (United States)

Reinhardt, William R.

2010-01-01

Contrary to the dominant discourse metanarrative, this dissertation explores, re-exposes, and updates the generally hidden realities of what is actually taking place in the current operation of the American criminal justice system. The government/dominant discourse benefits from the amorphous ambiguity of the law in conjunction with its usage of…

Analysis of the relation between intelligence and criminal behavior

Directory of Open Access Journals (Sweden)

Dragan Jovanovic

2012-12-01

Full Text Available Introduction: One of the cognitive aspects of personality is intelligence. A large number of previous studies have shown that the intelligence within the criminal population is decreased, particularly in its verbal aspect.The aim of this study is to determine whether there is a link between intelligence and criminal behavior and how it is manifested.Methods: The research involved criminal inmates of the Correctional institutes of Republic of Srpska and Court Department of Psychiatry Clinic Sokolac who committed homicide and various non-homicide acts. Thetest group consisted of 60 inmates who have committed homicide (homicide offenders and a control group of 60 inmates who did not commit homicide (non-homicide offenders. The study was controlled, transverse or cross-sectional study.Results: Average intelligence of inmates (homicidal and non-homicidal was IQ 95.7. Intelligence of homicide inmates was IQ 97.4 and non-homicide IQ 94.09. Intelligence coeffi cients for non-homicide inmatesubgroups were as follows - subgroup consisting of robbery offenders (IQ 96.9, subgroup consisting of theft perpetrators (IQ 93.83, subgroups consisting of other criminal offenders (IQ 92.8. Verbal intellectual ability– IQw of homicide inmates was 91.22, and 91.10 IQw of non-homicide inmates. Intellectual abilities in nonverbal or manipulative part were average, but they were higher in homicide inmates group (IQm 103.65 than in the group of non-homicide inmates (IQm 97.08.Conclusion: Average intelligence of investigated inmates (homicide and non-homicide is lower than in the general population and corresponds to low average. Verbal part of intelligence is lowered while nonverbalpart is within the average range.

Economic Analysis of Criminal Law and Liberal Criminal Law: Confluences and Forks

Directory of Open Access Journals (Sweden)

Diego H. Goldman

2017-12-01

Full Text Available Not all economic analysis necessarily lead to a maximalist criminal law that threatens the fundamental rights, but on the contrary, can be found in economic science approaches perfectly compatible with the most liberal thought currents. This paper aims to make a critical study of economic theory usually associated with the Criminal EAL, its practical implications and its teleological budgets. Criticism will leave an openly liberal view, which defends the ideas and values that over the centuries have expressed such diverse thinkers as Adam Smith, Friedrich von Hayek, Robert Nozick or Juan Bautista Alberdi.

The ability of criminal law to produce gender equality: judicial discourses in the Swedish criminal legal system.

Science.gov (United States)

Burman, Monica

2010-02-01

The main aim of the Swedish Women's Peace reform in 1998 was to enhance criminal legal protection for women exposed to violence in heterosexual relationships and to promote gender equality. However, these ambitions risk being contravened in a masculinist criminal legal system. One problem concerns how the victim is constructed in criminal legal cases. The author argues that moral balancing and discourses of responsibility and guilt in Swedish cases constrain the agency possible for women and suggest that a more comprehensive policy in Sweden must be developed to include violent men, their agency, and their responsibility for the violence.

Criminal Network Investigation: Processes, Tools, and Techniques

DEFF Research Database (Denmark)

Petersen, Rasmus Rosenqvist

important challenge for criminal network investigation, despite the massive attention it receives from research and media. Challenges such as the investigation process, the context of the investigation, human factors such as thinking and creativity, and political decisions and legal laws are all challenges...... that could mean the success or failure of criminal network investigations. % include commission reports as indications of process related problems .. to "play a little politics" !! Information, process, and human factors, are challenges we find to be addressable by software system support. Based on those......Criminal network investigations such as police investigations, intelligence analysis, and investigative journalism involve a range of complex knowledge management processes and tasks. Criminal network investigators collect, process, and analyze information related to a specific target to create...

Methamphetamine use and criminal behavior.

Science.gov (United States)

Gizzi, Michael C; Gerkin, Patrick

2010-12-01

This research seeks to broaden our understanding of methamphetamine's (meth's) place within the study of drugs and crime. Through extensive court records research and interviews with 200 offenders in local jails in western Colorado, this research contributes to the creation of a meth user profile and begins to identify the place of meth in the drug-crime nexus. The study compares the criminal behavior of meth users with other drug users, finding that meth users are more likely than other drug users to be drunk or high at the time of arrest and claim their crimes were related to drug use in other ways. A content analysis of criminal records demonstrates that meth users have more extensive criminal records and are more likely than other drug users to commit property crimes.

Complicity in International Criminal Law

DEFF Research Database (Denmark)

Aksenova, Marina

2014-01-01

Complicity is a criminal law doctrine that attributes responsibility to those who do not physically perpetrate the crime. It is an essential mode of liability for core international crimes because it reaches out to senior political and military leadership. These persons do not usually engage...... in direct offending, yet in the context of mass atrocities they are often more culpable than foot soldiers. The Statutes of the ad hoc tribunals, hybrid courts and the International Criminal Court expressly provide for different forms of complicity, and domestic legal systems recognize it in one form...... or another. This is in contrast with alternative modes of liability implied from the Statutes to address the situations with multiple accused removed from the scene of the crime / (in)direct co-perpetration, extended perpetration and the joint criminal enterprise....

Involvement in the US criminal justice system and cost implications for persons treated for schizophrenia

Directory of Open Access Journals (Sweden)

Faries Douglas E

2010-01-01

Full Text Available Abstract Background Individuals with schizophrenia may have a higher risk of encounters with the criminal justice system than the general population, but there are limited data on such encounters and their attendant costs. This study assessed the prevalence of encounters with the criminal justice system, encounter types, and the estimated cost attributable to these encounters in the one-year treatment of persons with schizophrenia. Methods This post-hoc analysis used data from a prospective one-year cost-effectiveness study of persons treated with antipsychotics for schizophrenia and related disorders in the United States. Criminal justice system involvement was assessed using the Schizophrenia Patients Outcome Research Team (PORT client survey and the victimization subscale of the Lehman Quality of Life Interview (QOLI. Direct cost of criminal justice system involvement was estimated using previously reported costs per type of encounter. Patients with and without involvement were compared on baseline characteristics and direct annual health care and criminal justice system-related costs. Results Overall, 278 (46% of 609 participants reported at least 1 criminal justice system encounter. They were more likely to be substance users and less adherent to antipsychotics compared to participants without involvement. The 2 most prevalent types of encounters were being a victim of a crime (67% and being on parole or probation (26%. The mean annual per-patient cost of involvement was $1,429, translating to 6% of total annual direct health care costs for those with involvement (11% when excluding crime victims. Conclusions Criminal justice system involvement appears to be prevalent and costly for persons treated for schizophrenia in the United States. Findings highlight the need to better understand the interface between the mental health and the criminal justice systems and the related costs, in personal, societal, and economic terms.

Interior penalty discontinuous Galerkin method for coupled elasto-acoustic media

OpenAIRE

Dudouit , Yohann; Giraud , Luc; Millot , Florence; Pernet , Sébastien

2016-01-01

We introduce a high order interior penalty discontinuous Galerkin scheme for the nu- merical solution of wave propagation in coupled elasto-acoustic media. A displacement formulation is used, which allows for the solution of the acoustic and elastic wave equations within the same framework. Weakly imposing the correct transmission condition is achieved by the derivation of adapted numerical fluxes. This generalization does not weaken the discontinuous Galerkin method, thus hp-non-conforming m...

THREE MODELS OF NATIONAL CRIMINAL POLICY IN THE CONTEXT OF GLOBALIZATION

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Ivan Kleymenov

2017-01-01

Full Text Available The author identifies three models of national criminal policy: the sovereign, reformist and experimental. The main criteria of such differentiation are the exposure to global influence, the criminological soundness and stability of criminal policy. Identification of the model of criminal policy in a particular state is a complex task that requires independent research.The subject. The article is devoted to modeling of the national criminal policy in modern conditions of globalization. The article discusses various models of criminal policy in the conditions of globalization.The purpose of the author is to describe the basic models of national criminal policy in modern conditions of globalization.The methodology. The author uses the method of analysis and synthesis, formal legal method as well as sociological methods (survey.The results, scope of application. The author identifies three models of national criminal policy: the sovereign, reformist and experimental. The main criteria of such differentiation are the exposure to global influence, the criminological soundness and stability of criminal policy. The sovereign model is based on doctrine of weak state and a strong combat criminal activity. It is distinguished by the pursuit of the realization of the equality of all before the law, criminal strategic and political planning system with a clear definition of goals and objectives; criminological security. The reform of criminal policy is characterized byuncertainty goals and objectives, utopianism and pretentiousness, dependence on standards of the international organization, the lower prestige of criminology, reduction of social programs, lobbying of group interests, permanent amendments to the criminal and criminal procedure legislation. Experimental model of criminal policy is connected with approbation of such technologies of management of society that are criminal and contrary to human experience in fighting crime.Conclusions. Criminal

Motive Criminal Procedure Evidence

Directory of Open Access Journals (Sweden)

В. В. Вапнярчук

2015-03-01

Full Text Available In the article the need for such a level of mental regulation of behavior of proving motivation. The latter refers to internal motivation conscious entity Criminal Procedure proof, due to specific needs, interests and goals that cause a person to act rishymist. Detailed attention is given to the first two determinants, namely the nature of needs and interests. In particular, analyzes highlighted in the literature variety of needs (physiological, ekzistentsionalni, social, prestige, cognitive, aesthetic and spiritual and the manifestation of some of them in the criminal procedural proof.

EVALUATION OF PENALTY FUNCTIONS FOR SEMI-GLOBAL MATCHING COST AGGREGATION

Directory of Open Access Journals (Sweden)

C. Banz

2012-07-01

Full Text Available The stereo matching method semi-global matching (SGM relies on consistency constraints during the cost aggregation which are enforced by so-called penalty terms. This paper proposes new and evaluates four penalty functions for SGM. Due to mutual dependencies, two types of matching cost calculation, census and rank transform, are considered. Performance is measured using original and degenerated images exhibiting radiometric changes and noise from the Middlebury benchmark. The two best performing penalty functions are inversely proportional and negatively linear to the intensity gradient and perform equally with 6.05% and 5.91% average error, respectively. The experiments also show that adaptive penalty terms are mandatory when dealing with difficult imaging conditions. Consequently, for highest algorithmic performance in real-world systems, selection of a suitable penalty function and thorough parametrization with respect to the expected image quality is essential.

Discovering Cartels: Dynamic Interrelationships between Civil and Criminal Antitrust Investigations

OpenAIRE

Ghosal, Vivek

2006-01-01

This paper focuses on the genesis, taxonomy and timeline of U.S. criminal antitrust investigations, and uses time-series data on enforcement to examine the interrelationships between the various criminal enforcement variables as well as the linkages between criminal and civil enforcement. The key findings are: (1) there appears to be considerable dynamic interplay between the criminal variables. For example, an increase in grand jury investigations or criminal cases initiated or the number of...

The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma

Directory of Open Access Journals (Sweden)

Vinesh Basdeo

2014-08-01

Full Text Available The deprivation of the proceeds of crime has been a feature of criminal law for many years. The original rationale for the confiscation of criminal assets at international level was the fight against organised crime, a feature of society described by the European Court of Human Rights as a "scourge" so that the draconian powers which are a feature of confiscation regimes around the world have been approved in circumstances which otherwise might have caused governments considerable difficulties before the international human rights tribunals. The primary objective of this article is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution. This article attempts to answer three questions. Firstly, why is criminal asset forfeiture important to law enforcement? Secondly, in which circumstances can property be forfeited and what types of property are subject to forfeiture? Thirdly, how is forfeiture accomplished, and what are its constitutional ramifications?

The United States: A Rome Statute of the International Criminal Court Non-Participant

National Research Council Canada - National Science Library

Hopkins, J

2004-01-01

.... As of 1 July 2002, the Rome Statute of the International Criminal Court is a reality. It will try individuals such as the Khmer Rouge, Slobodan Milosevic, and General Juvenal Habyarimana for crimes against humanity, genocide, and war crimes...

The mirror has two faces: dissociative identity disorder and the defence of pathological criminal incapacity--a South African criminal law perspective.

Science.gov (United States)

Stevens, Philip

2013-03-01

Dissociative identity disorder poses numerous medico legal issues whenever the insanity defence emerges. Within the context of the South African criminal law, the impact of dissociative identity disorder on criminal responsibility has only been addressed very briefly in one decided case. Various questions arise as to the impact that the distinctive diagnostic features of dissociative identity disorder could possibly have on the defence of pathological criminal incapacity, or better known as the insanity defence, within the ambit of the South African criminal law. In this contribution the author reflects on the mental disorder known as dissociative identity disorder or multiple personality disorder, against the backdrop of the defence of pathological criminal incapacity. Reflections are also provided pertaining to the various medico legal issues at stake whenever this defence has to be adjudicated upon.

The Death Penalty.

Science.gov (United States)

Crockett, Mark

1990-01-01

Provides a lesson plan on the Eighth Amendment to the U.S. Constitution and the imposition of the death penalty. Focuses on the controversy concerning capital punishment and stimulates critical thinking in an analysis and discussion of eight hypothetical situations. Includes suggestions for readings, videotapes, and writing assignments. (NL)

The Evolution of the Social Criminal Law on an International Wide Scale

Directory of Open Access Journals (Sweden)

Radu Razvan Popescu

2009-06-01

Full Text Available Brought to maturity, the labor criminal law represents a real branch of the criminal law, as well as the business criminal law, fiscal criminal law or the environment criminal law. Notwithstanding labor criminal law cannot be considered merely as an accessory part of the corporate criminal law, but having an essential part such as an exhibit test, in order to determine new legal mechanisms, such as the ones regarding criminal liability of the legal persons. In the Romanian legislation, the labor criminal law, as an interference zone between the criminal law and labor law, has to be regarded from the internal social realities governing the labor aspects, as well from the comparative law's point of view.

Issues of remedial development of forms in criminal proceedings

Directory of Open Access Journals (Sweden)

Tsyganenko Sergey, S.

2015-12-01

Full Text Available The paper deals with the main issues of the modern concept of the criminal proceeding differentiation in terms of new methodological and theoretical approaches - models of criminal justice and the theory of criminal procedural strategy. This draws attention to a trend to expand the scope of application in criminal proceedings, along with production and procedural forms of justice and law and technology. In connection with what is considered their place in the structure of modern criminal procedure, the application conditions and development prospects. For a long time in the theory of criminal systemology a key element in the process acted as a procedural form of normative-functional complex stages and phases of activity in the pre-trial and judicial parts of the criminal justice system. Its mission has been focused on the achievement of major milestones in the implementation of justice, which, ultimately, are expressed in establishing the truth in the case. Thus, there was a two-element mechanism consisting of pre-trial proceedings, due to the need to solve the crime and bringing charges and proceedings, consisting primarily of the trial based on the principles of justice. This order, established regulations, is unified - it is equally applied to all categories of criminal cases and with all the procedural authorities. Modern criminal procedure is a differentiated form in which, along with established procedural steps and process of production, and has been actively used legal procedural technology.

Eighth Amendment & Death Penalty.

Science.gov (United States)

Shortall, Joseph M.; Merrill, Denise W.

1987-01-01

Presents a lesson on capital punishment for juveniles based on three hypothetical cases. The goal of the lesson is to have students understand the complexities of decisions regarding the death penalty for juveniles. (JDH)

Is the ozone climate penalty robust in Europe?

International Nuclear Information System (INIS)

Colette, Augustin; Bessagnet, Bertrand; Meleux, Frédérik; Rouïl, Laurence; Andersson, Camilla; Engardt, Magnuz; Langner, Joakim; Baklanov, Alexander; Brandt, Jørgen; Christensen, Jesper H; Geels, Camilla; Hedegaard, Gitte B; Doherty, Ruth; Giannakopoulos, Christos; Katragkou, Eleni; Lei, Hang; Manders, Astrid; Melas, Dimitris; Sofiev, Mikhail; Soares, Joana

2015-01-01

Ozone air pollution is identified as one of the main threats bearing upon human health and ecosystems, with 25 000 deaths in 2005 attributed to surface ozone in Europe (IIASA 2013 TSAP Report #10). In addition, there is a concern that climate change could negate ozone pollution mitigation strategies, making them insufficient over the long run and jeopardising chances to meet the long term objective set by the European Union Directive of 2008 (Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008) (60 ppbv, daily maximum). This effect has been termed the ozone climate penalty. One way of assessing this climate penalty is by driving chemistry-transport models with future climate projections while holding the ozone precursor emissions constant (although the climate penalty may also be influenced by changes in emission of precursors). Here we present an analysis of the robustness of the climate penalty in Europe across time periods and scenarios by analysing the databases underlying 11 articles published on the topic since 2007, i.e. a total of 25 model projections. This substantial body of literature has never been explored to assess the uncertainty and robustness of the climate ozone penalty because of the use of different scenarios, time periods and ozone metrics. Despite the variability of model design and setup in this database of 25 model projection, the present meta-analysis demonstrates the significance and robustness of the impact of climate change on European surface ozone with a latitudinal gradient from a penalty bearing upon large parts of continental Europe and a benefit over the North Atlantic region of the domain. Future climate scenarios present a penalty for summertime (JJA) surface ozone by the end of the century (2071–2100) of at most 5 ppbv. Over European land surfaces, the 95% confidence interval of JJA ozone change is [0.44; 0.64] and [0.99; 1.50] ppbv for the 2041–2070 and 2071–2100 time windows, respectively

Is the ozone climate penalty robust in Europe?

Science.gov (United States)

Colette, Augustin; Andersson, Camilla; Baklanov, Alexander; Bessagnet, Bertrand; Brandt, Jørgen; Christensen, Jesper H.; Doherty, Ruth; Engardt, Magnuz; Geels, Camilla; Giannakopoulos, Christos; Hedegaard, Gitte B.; Katragkou, Eleni; Langner, Joakim; Lei, Hang; Manders, Astrid; Melas, Dimitris; Meleux, Frédérik; Rouïl, Laurence; Sofiev, Mikhail; Soares, Joana; Stevenson, David S.; Tombrou-Tzella, Maria; Varotsos, Konstantinos V.; Young, Paul

2015-08-01

Ozone air pollution is identified as one of the main threats bearing upon human health and ecosystems, with 25 000 deaths in 2005 attributed to surface ozone in Europe (IIASA 2013 TSAP Report #10). In addition, there is a concern that climate change could negate ozone pollution mitigation strategies, making them insufficient over the long run and jeopardising chances to meet the long term objective set by the European Union Directive of 2008 (Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008) (60 ppbv, daily maximum). This effect has been termed the ozone climate penalty. One way of assessing this climate penalty is by driving chemistry-transport models with future climate projections while holding the ozone precursor emissions constant (although the climate penalty may also be influenced by changes in emission of precursors). Here we present an analysis of the robustness of the climate penalty in Europe across time periods and scenarios by analysing the databases underlying 11 articles published on the topic since 2007, i.e. a total of 25 model projections. This substantial body of literature has never been explored to assess the uncertainty and robustness of the climate ozone penalty because of the use of different scenarios, time periods and ozone metrics. Despite the variability of model design and setup in this database of 25 model projection, the present meta-analysis demonstrates the significance and robustness of the impact of climate change on European surface ozone with a latitudinal gradient from a penalty bearing upon large parts of continental Europe and a benefit over the North Atlantic region of the domain. Future climate scenarios present a penalty for summertime (JJA) surface ozone by the end of the century (2071-2100) of at most 5 ppbv. Over European land surfaces, the 95% confidence interval of JJA ozone change is [0.44; 0.64] and [0.99; 1.50] ppbv for the 2041-2070 and 2071-2100 time windows, respectively.

The right to information in criminal proceedings in the light of proposed changes of the Criminal Law Codification Commission

OpenAIRE

Andrzejewska, Marzena

2013-01-01

The article addresses the issue of the right to information from the point of view of the participants of criminal proceedings. The execution of the right contributes to the principle of equality between the parties, secure execution of the adversarial principle, transparency and to creating the image of law-abidingness and transparent jurisdiction in the mindset of society. Particular attention has been paid to the draft amendment to the Criminal Procedure Code, prepared by the Criminal Law ...

Criminal proceedings involving children in conflict with the law

Directory of Open Access Journals (Sweden)

Bolocan-Holban Augustina

2017-07-01

Full Text Available At each stage of criminal procedure involving children (juveniles in conflict with the law, it is important to be ensured the fundamental rights provided by international standards, as well by national criminal legislation. Starting with the first contact of the child with criminal justice system until the pronunciation of the decision by the Court, including the enforcement of the punishment, the juvenile must be supervised by qualified professionals from criminal justice system, who could intervene in each moment with a purpose of providing pertinent information to criminal investigative body and to the Court, in order to establish a proportionate and equitable punishment.

Self-conscious emotions and criminal offending.

Science.gov (United States)

Tibbetts, Stephen G

2003-08-01

This study examined the relation of personality traits--shame-proneness, guilt-proneness, and pride--on offending behavior. Using survey data from a sample of 224 college students, the construct and criterion-related validity of scales of the Shame Proneness Scale, the Test of Self-conscious Affect, and the Personality Feelings Questionnaire-2 were assessed. Regression analyses showed that self-conscious emotions are important in the etiology of criminal offending. Specifically, rated pride was positively correlated with self-reported criminal activity, whereas ratings of guilt were negatively associated with offending. The relation of shame with criminality varied depending on the type of measure used to indicate proneness to shame.

13 CFR 123.604 - How can my business spend my economic injury disaster loan under this subpart?

Science.gov (United States)

2010-01-01

... indirectly, any obligations resulting from a federal, state or local tax penalty as a result of negligence or fraud, or any non-tax criminal fine, civil fine, or penalty for non-compliance with a law, regulation...

13 CFR 123.303 - How can my business spend my economic injury disaster loan?

Science.gov (United States)

2010-01-01

... indirectly, any obligations resulting from a federal, state or local tax penalty as a result of negligence or fraud, or any non-tax criminal fine, civil fine, or penalty for non-compliance with a law, regulation...

Early risk factors for criminal offending in schizophrenia: a 35-year longitudinal cohort study.

Science.gov (United States)

Eriksson, Asa; Romelsjö, Anders; Stenbacka, Marlene; Tengström, Anders

2011-09-01

Recent evidence suggests that factors predicting offending among individuals with no mental disorder may also predict offending among individuals with schizophrenia. The aims of the study were (1) to explore the prevalence of risk factors for criminal offending reported at age 18 among males later diagnosed with schizophrenia, (2) to explore the associations between risk factors reported at age 18 and lifetime criminal offending, (3) to predict lifetime serious violent offending based on risk factors reported at age 18, and (4) to compare the findings with those in males with no later diagnosis of schizophrenia. The study was a prospective, longitudinal study of a birth cohort followed up through registers after 35 years. The cohort consisted of 49,398 males conscripted into the Swedish Army in 1969-1970, of whom 377 were later diagnosed with schizophrenia. Among the subjects later diagnosed with schizophrenia, strong associations were found between four of the items reported at age 18 and lifetime criminal offending: (1) low marks for conduct in school, (2) contact with the police or child care authorities, (3) crowded living conditions, and (4) arrest for public drinking. Three of these four risk factors were found to double the risk of offending among males with no later diagnosis of schizophrenia. Criminality in individuals with schizophrenia may at least partly be understood as a phenomenon similar to criminality in individuals in the general population.

The European Union and National Criminal Law

DEFF Research Database (Denmark)

Greve, Vagn

1995-01-01

Beware of Punishment. Annika Snare (ed.) Beware of Punishment. On the Utility and Futility of Criminal Law......Beware of Punishment. Annika Snare (ed.) Beware of Punishment. On the Utility and Futility of Criminal Law...

Intelligence as evidence in criminal proceedings

Directory of Open Access Journals (Sweden)

Lukić Tatjana

2011-01-01

Full Text Available The fight against modern forms of crime such as organized crime, terrorism and other very serious crimes caused not only modification of procedural principles and procedural rules, but also the necessity of re-examination of evidence in terms of introducing new evidence in criminal proceedings. Given that the prevention, detection and proving in cases of mentioned offenses represent the systemic issue and that the efficiency is caused by cohesion of preventive and repressive mechanisms in each strategy of preventing and combating serious crimes, the more often raised question, aroused from the practice, is the issue of the use of information gathered by the police or security services as evidence in criminal proceedings. In addition, there is the issue of use of illegal evidence, the ways in which these evidence are defined in some jurisdictions and which are the legal consequences of their use in judicial decision, whether it is based only on them, or on some other evidence beside them. The author addresses the issues of necessity and justification for use of information of security services as evidence in criminal proceedings, their definition and difference with respect to data, experiences and practices in other countries and of course their use as evidence in criminal proceedings of Serbia. Also, the paper addresses the Criminal Intelligence Analytics, exchange of information between the competent authorities at national and international level.

A Framework for visualization of criminal networks

DEFF Research Database (Denmark)

Rasheed, Amer

networks, network analysis, composites, temporal data visualization, clustering and hierarchical clustering of data but there are a number of areas which are overlooked by the researchers. Moreover there are some issues, for instance, lack of effective filtering techniques, computational overhead......This Ph.D. thesis describes research concerning the application of criminal network visualization in the field of investigative analysis. There are number of way with which the investigative analysis can locate the hidden motive behind any criminal activity. Firstly, the investigative analyst must...... have the ability to understand the criminal plot since a comprehensive plot is a pre-requisite to conduct an organized crime. Secondly, the investigator should understand the organization and structure of criminal network. The knowledge about these two aspects is vital in conducting an investigative...

Violent and criminal manifestations in dementia patients.

Science.gov (United States)

Cipriani, Gabriele; Lucetti, Claudio; Danti, Sabrina; Carlesi, Cecilia; Nuti, Angelo

2016-05-01

Although the older adults have been studied as victims of violence, geriatric patients can display violent behavior. The purpose of the present review was to explore the phenomenon of criminal violations and violent acts in people with dementia. The authors used PubMed to search the MEDLINE database and other sources for original research and review articles on criminal and violent manifestation in demented patients combining the terms "criminal manifestation," "violence, aggressive behavior," "homicide," "suicide" and "homicide-suicide" together with "dementia". Possible biomarkers of violence are considered. The present review highlights the risk factors for violence in patients suffering from dementia, and reviews the literature about criminal violations and homicidal/suicidal behavior in this patient group. Geriatr Gerontol Int 2016; 16: 541-549. © 2015 Japan Geriatrics Society.

24 CFR 1007.70 - Disqualification of lenders and civil money penalties.

Science.gov (United States)

2010-04-01

... civil money penalties. 1007.70 Section 1007.70 Housing and Urban Development Regulations Relating to....70 Disqualification of lenders and civil money penalties. (a) In general—(1) Grounds for action. HUD... or holder that are guaranteed under this part. (b) Civil money penalties for intentional violations...

Criminal adjudication by state courts under the FDRE constitution ...

African Journals Online (AJOL)

... delegation power or as an original power. This article explores how the state courts are adjudicating federal criminal matters, and how the criminal adjudicative jurisdiction of the federal courts and state courts is compartmentalized. Keywords: jurisdiction, criminal adjudication, compartmentalization, constitution, federalism ...

31 CFR 129.6 - Penalties specified by law.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Penalties specified by law. 129.6 Section 129.6 Money and Finance: Treasury Regulations Relating to Money and Finance PORTFOLIO INVESTMENT SURVEY REPORTING § 129.6 Penalties specified by law. Reporters are advised that the Act provides the...

29 CFR 502.19 - Civil money penalty assessment.

Science.gov (United States)

2010-07-01

... IMMIGRATION AND NATIONALITY ACT (SUSPENDED 6-29-2009) Enforcement of Work Contracts § 502.19 Civil money... money penalty for violation of the work contract will not exceed $1,000 for each violation committed... of the work contract, or for willful discrimination, the civil money penalty shall not exceed $5,000...

The Criminal justice system in Northern Ireland

OpenAIRE

Carr, Nicola

2017-01-01

As with any country, crime and justice and the contours of criminal justice have to be situated within the particular historical, social, and political context. Nowhere is this truer than in Northern Ireland, where the criminal justice system that has emerged has been shaped by a violent political conflict which spanned over three decades (from the late 1960s to the late 1990s). In the transition to peace, the reform of criminal justice agencies has been central—to a wider project of state le...

International Criminal Responsibility After Katanga: Old Challenges, New Solutions

Directory of Open Access Journals (Sweden)

Olena Kucher

2015-01-01

Full Text Available On March 7, 2014, the International Criminal Court delivered its most recent judgment convicting Mr. Katanga as an accessory of crime against humanity in the form of murder and four counts of war crimes within the meaning of Art. 25(3(d of the Rome Statute. This decision along with its previous final decisions in the Lubanga and Ngudjolo cases has raised similar concerns about individual criminal responsibility regarding, inter alia, application of control over a crime doctrine as evidenced from the dissenting / separate opinions to them. This doctrine has already firmly settled within the ICC jurisprudence and yet some judges doubt if its application is justified, especially given the peculiarities of national origin irrelevant in the realm of the Rome Statute. The other raised concern is a potential application of the legality principle, since both Ngudjolo and Katanga judgments have investigated the same situations and come to the completely different results.While the Rome Statute contains the most complete provision determining the modes of individual responsibility, Art. 25 thus appears to be far from being out of debates. To dispel some of them, this article analyzes practical application of Art. 25(3(a and (d by the ICC and different approaches in this regard as well as general grounds for raising question on the necessity for individual criminal responsibility. 

Civilisation of Criminal Justice: Restorative Justice amongst other strategies

NARCIS (Netherlands)

J.R. Blad (John)

2013-01-01

markdownabstract__Abstract__ Is criminal justice becoming more and uncivilised if so, how could this be explained? Could Is criminal justice becoming more and uncivilised if so, how could this be explained? Could Is criminal justice becoming more and uncivilised if so, how could this be

Crime and Young Men: The Role of Arrest, Criminal Experience, and Heterogeneity

OpenAIRE

Susumu Imai; Hajime Katayama; Kala Krishna

2006-01-01

Using National Youth Survey (NYS) data, we examine the relationship of current criminal activity and past arrests using an ordered probit model with unobserved heterogeneity. Past arrests raise current criminal activity only for the non-criminal type, while past criminal experience raises current criminal activity for both types. Also, the age crime profile peaks at age 18 for non-criminal type individuals, but for criminal type individuals, it continues to rise with age. Past research indica...

GST – the idea and recommendations for the prevention of criminal behaviour

Directory of Open Access Journals (Sweden)

Robert Agnew

2011-12-01

Full Text Available The article is a presentation of the main assumptions of the General Strain Theory (GST and the possibility to put theory into practice in the field of prevention of criminal behaviour. The GST was created in the ‘90s by Robert Agnew as a continuation of previous structural theories (Merton, Cloward – Ohlin, Cohen. Up to this day it has been widely verified empirically and along with other criminology theories (the theory of social learning/theory of different relations, theory of social control, theories of interaction is both a fundamental but also alternative ground for interpreting social behaviour. Due to its universal assumptions, GST is now being developed also by Polish researchers. In the article are presented the fundamental strategies of prevention of criminal behaviour based on GST and examples of particular programs being carried out in the US and Poland. Pilot studies on building in Poland a pioneer local system of prevention, based on GST, are presented. In the conclusions the authors stress the importance of GST in the genesis of criminal behaviour. The content of this article is therefore a result of an American-Polish cooperation in the field of prevention of criminal behaviour. It seems that international and based on mutual partnership approach is the hallmark of the current stage of the Polish resocialization system development.

24 CFR 30.100 - Settlement of a civil money penalty action.

Science.gov (United States)

2010-04-01

... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Settlement of a civil money penalty... Housing and Urban Development CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT Procedures § 30.100 Settlement of a civil money penalty action. The officials listed at subpart B of this part, or their...

12 CFR 263.62 - Relevant considerations for assessment of civil penalty.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Relevant considerations for assessment of civil... Collection of Civil Money Penalties § 263.62 Relevant considerations for assessment of civil penalty. In... the penalty with respect to the financial resources and good faith of the person charged, the gravity...

Asymmetric predictability and cognitive competition in football penalty shootouts.

Science.gov (United States)

Misirlisoy, Erman; Haggard, Patrick

2014-08-18

Sports provide powerful demonstrations of cognitive strategies underlying competitive behavior. Penalty shootouts in football (soccer) involve direct competition between elite players and absorb the attention of millions. The penalty shootout between Germany and England in the 1990 World Cup semifinal was viewed by an estimated 46.49% of the UK population. In a penalty shootout, a goalkeeper must defend their goal without teammate assistance while an opposing series of kickers aim to kick the ball past them into the net. As in many sports, the ball during a penalty kick often approaches too quickly for the goalkeeper to react to its direction of motion; instead, the goalkeeper must guess the likely direction of the kick, and dive in anticipation, if they are to have a chance of saving the shot. We examined all 361 kicks from the 37 penalty shootouts that occurred in World Cup and Euro Cup matches over a 36-year period from 1976 to 2012 and show that goalkeepers displayed a clear sequential bias. Following repeated kicks in the same direction, goalkeepers became increasingly likely to dive in the opposite direction on the next kick. Surprisingly, kickers failed to exploit these goalkeeper biases. Our findings highlight the importance of monitoring and predicting sequential behavior in real-world competition. Penalty shootouts pit one goalkeeper against several kickers in rapid succession. Asymmetries in the cognitive capacities of an individual versus a group could produce significant advantages over opponents. Copyright © 2014 Elsevier Ltd. All rights reserved.

Pro-Kontra Hukuman Mati (Presepsi Tokoh Agama Islam dan Praktisi Hukum di Kota Palembang

Directory of Open Access Journals (Sweden)

Qodariyah Barkah

2016-03-01

Full Text Available Penelitian ini merupakan hasil penelitian yang membahas tentang pro-kontra hukuman mati, dengan memfokuskan kajian kepada presepsi tokoh agama agama Islam dan praktisi hukum di kota Palembang. Penelitian ini menyimpulkan bahwa Hukuman mati dalam persfektif hukum pidana di Indoneia adalah tertuang dalam Kitab Undang-undang Hukum Pidana (KUHP dan perundang-undangan lainnya yang memuat tentang hukuman mati, antara lain didalam Pasal 10 dan Pasal 11 KUHP. Hukuman pidana mati penerapannya di Indonesia menurut perspektif Tokoh Agama Islam dan praktisi hukum di kota Palembang masih terjadi pro dan kontra. Baik dikalangan praktisi hukum sendiri terjadi pro dan kontra, apakah hukuman pidana mati masih diperlukan penerapannya begitu juga dengan kalangan Tokoh Agama Islam. This article discusses the pros and cons of the death penalty, with a focus on the study of the perception of Islam and religious leaders, legal practitioners in the city of Palembang. This study concluded that the death penalty in criminal law perspective at Indoneia is contained in the Code of Criminal Law (Penal Code and other legislation that contains about the death penalty, among others in Article 10 and Article 11 of the Criminal Code. Penalty death penalty application in Indonesia from the perspective of Islamic religious leaders and legal practitioners in the city of Palembang is still going on pros and cons. Both among legal practitioners itself there are pros and cons, whether the punishment of the death penalty is still necessary application as well as the Islamic Religious Leaders.

Employers liability to the international criminal court

Directory of Open Access Journals (Sweden)

Yenifer Yiseth Suárez Díaz

2014-01-01

Full Text Available The constant changes in the social dynamics due to economic and technological development has brought along the need to dispose of a High Court, with competence over International Crimes. The above was the reason to establish the International Criminal Court, destined to prosecute and punish the maximum responsible for crimes of its jurisdiction. Nonetheless, despite the existence of individual criminal responsibility as an accomplice in the case of entrepreneurs who contribute to the crime, there is not an actual investigation or conviction as such in the Court fase for those individuals. Through a criminological study, the actions in the frame of the criminal policy in international law, in order to hold individual criminal responsibility towards entrepreneurs for international crimes, will be evaluated, from the dogmatic categories established in the international guidelines as well as from international doctrine.

OUTLAWING AMNESTY: THE RETURN OF CRIMINAL JUSTICE IN TRANSITIONAL JUSTICE SCHEMES*

Directory of Open Access Journals (Sweden)

Lisa J. Laplante, University of Connecticut-School of Law, Estados Unidos

2012-11-01

Full Text Available Abstract: This Article responds to an apparent gap in the scholarly literature which fails to merge the fields of human rights law and international criminal law—a step that would resolve the current debate as to whether any amnesty in transitional justice settings is lawful. More specifically, even though both fields are a subset of transitional justice in general, the discipline of international criminal law still supports the theory of “qualified amnesties” in transitional justice schemes, while international human rights law now stands for the proposition that no amnesty is lawful in those settings. This Article brings attention to this new development through a discussion of the Barrios Altos case. This Article seeks to reveal how an international human rights decision can dramatically impact state practice, thus also contributing to a pending question in international human rights law as to whether such jurisprudence is effective in increasing human rights protections. The Article concludes by looking at the implications of this new legal development in regard to amnesties in order to encourage future research regarding the role of criminal justice in transitional justice schemes. Keywords: Amnesty in the Americas. Transitional Justice. Human Rights Violations

Keeping pace with criminals: An extended study of designing patrol allocation against adaptive opportunistic criminals

OpenAIRE

Zhang, Chao; Gholami, Shahrzad; Kar, Debarun; Sinha, Arunesh; Jain, Manish; Goyal, Ripple; Tambe, Milind

2016-01-01

Game theoretic approaches have recently been used to model the deterrence effect of patrol officers’ assignments on opportunistic crimes in urban areas. One major challenge in this domain is modeling the behavior of opportunistic criminals. Compared to strategic attackers (such as terrorists) who execute a well-laid out plan, opportunistic criminals are less strategic in planning attacks and more flexible in executing well-laid plans based on their knowledge of patrol officers’ assignments. I...

General practitioners’ level of knowledge about their rights and criminal liabilities according to legislation in Turkey

Directory of Open Access Journals (Sweden)

Baki Derhem

2017-12-01

Full Text Available Background . To know legal regulations and to comply with them while providing health care is indispensable for physicians to work in a proper way. Ignorance of the criminal laws may not be an excuse according to Turkish Criminal Code. There is an obligation for physicians to know the law, as well as all citizens. Physicians should possess the scope of competences regarding medicolegal regulations at least. Objectives . The aim of this study is to investigate the knowledge and behaviors of GPs regarding their rights, criminal liabilities and common rules of law that are regulated by legislation. We also aimed to determine how the answers were influenced by sociodemographic factors, educational status of participants and if the participants received any punishment. Material and methods . A total number of 381 physicians working at primary health care services located in Ankara were interviewed face-to-face. We used a 38-item questionnaire that was developed according to current legislation. The collected data was analyzed using SPSS software (Version 11.5. The chi-square test was used in order to compare knowledge-based questions with sociodemographic factors. The Mann-Whitney U test was used for assessing whether the number of correct answers differs with socio-demographic factors or not. A p-value of 0.05 was considered statistically significant. Results . 21.8 percent of the participants were FM specialists, and 78.2% of them were GPs. The mean age of physicians was 46.9 ± 7.6. The median score for correct responses in 18 knowledge-based questions was 8 (min–max: 3–14. In comparison with the working experience with correct answers, there was a statistically significant difference between 1–5 years of experience and 11–15 years and ≥ 16 years (p < 0.001. There was a significant difference in correct answers between the two groups, which were separated according to whether or not they received punishment as a result of a legal

An inappropriate tool: criminal law and HIV in Asia.

Science.gov (United States)

Csete, Joanne; Dube, Siddharth

2010-09-01

Asian countries have applied criminal sanctions widely in areas directly relevant to national HIV programmes and policies, including criminalization of HIV transmission, sex work, homosexuality and drug injection. This criminalization may impede universal access to HIV prevention and treatment services in Asia and undermine vulnerable people's ability to be part of the HIV response. To review the status of application of criminal law in key HIV-related areas in Asia and analyze its impact. Review of literature and application of human rights norms to analysis of criminal law measures. Criminal laws in the areas considered here and their enforcement, while intended to reduce HIV transmission, are inappropriate and counterproductive with respect to health and human rights. Governments should remove punitive laws that impede the HIV response and should ensure meaningful participation of people living with HIV, people who use illicit drugs, sex workers and men who have sex with men in combating stigma and discrimination and developing rights-centered approaches to HIV.

12 CFR 622.55 - Notice of assessment of civil money penalty.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Notice of assessment of civil money penalty... PRACTICE AND PROCEDURE Rules and Procedures for Assessment and Collection of Civil Money Penalties § 622.55 Notice of assessment of civil money penalty. (a) Notice of assessment. The notice of assessment for a...

Historicizing “Korean Criminality”: Colonial Criminality in Twentieth Century Japan

Directory of Open Access Journals (Sweden)

Joel Matthews

2017-02-01

Full Text Available In the context of Japanese colonialism, this article examines the discourse of colonial criminality that came to epistemologically position the Korean colonial subject as criminal and therefore necessitating domination, surveillance and punishment. The discourse of colonial criminality stemmed from Japan's late nineteenth century epistemological commitment to imperialism and concomitant knowledge of law and the legality of colonial subjects. Through an analysis that historicizes the “criminal Korean” (futei senjin epithet in the prewar and the emergence of yami as a signifier of Korean economic criminality throughout the 1940s, this article illustrates how the racialization of Koreans in Japan was both framed in terms of crime and subversion, and how that criminality functioned as a justification for postcolonial legalized exclusion and discrimination.

Profiling, Screening and Criminal Recruitment

OpenAIRE

Christopher Cotton; Cheng Li

2012-01-01

We model major criminal activity as a game in which a law enforcement officer chooses the rate at which to screen different population groups and a criminal organization (e.g., drug cartel, terrorist cell) chooses the observable characteristics of its recruits. Our model best describes smuggling or terrorism activities at borders, airports and other security checkpoints. When the social costs of crime are high, law enforcement is most-effective when it is unconstrained in its ability to profi...

29 CFR 801.42 - Civil money penalties-assessment.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Civil money penalties-assessment. 801.42 Section 801.42... APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988 Enforcement § 801.42 Civil money penalties—assessment. (a) A civil money penalty in an amount not to exceed $10,000 for any violation may be assessed...

REHABILITATING CRIMINAL SELVES: Gendered Strategies in Community Corrections.

Science.gov (United States)

Wyse, Jessica J B

2013-04-01

As the community corrections system has moved away from a focus on rehabilitation, it has been suggested that criminal offenders are no longer understood psychologically, but rather as rational actors for whom criminality is a choice. Rehabilitative efforts thus aim to guide these choices. Utilizing mixed methodology that draws on observational, interview, and case note data collected within the probation/parole system of a western U.S. state, I suggest that both officers' conceptualizations of the criminal self and the rehabilitative strategies they use are gendered. I find that officers view the male criminal self as flawed or underdeveloped and the female as permeable and amorphous, that is, lacking firm boundaries. In response to these constructions, officers aim to rehabilitate men largely by encouraging economic roles and responsibilities, while for women, rehabilitation aims to solidify boundaries: discouraging relationship formation and containing emotions. The differences identified point to ways in which gendered concepts of the criminal self contribute to gender disparities in contemporary supervision.

Criminal investigations in child protective services cases: an empirical analysis.

Science.gov (United States)

Cross, Theodore P; Chuang, Emmeline; Helton, Jesse J; Lux, Emily A

2015-05-01

This study analyzed the frequency and correlates of criminal investigation of child maltreatment in cases investigated by child protective service (CPS), using national probability data from the National Survey of Child and Adolescent Well-Being. Criminal investigations were conducted in slightly more than 25% of cases. Communities varied substantially in percentage criminally investigated. Sexual abuse was the most frequent type of maltreatment criminally investigated followed by physical abuse. Logistic regression results indicated that criminal investigations were more likely when caseworkers perceived greater harm and more evidence; when CPS conducted an investigation rather than an assessment; when a parent or a legal guardian reported the maltreatment; and when cases were located in communities in which CPS and police had a memorandum of understanding (MOU) governing coordination. Most variation between communities in criminal investigation remained unexplained. The findings suggest the potential of MOUs for communities wanting to increase criminal investigation. © The Author(s) 2014.

The Criminal Offense of Credit/Debit Card Fraud and the Implementation of Its Sanction on Indonesian Criminal Law

Directory of Open Access Journals (Sweden)

Antonius Maria Laot Kian

2015-04-01

Full Text Available The aims of the study are to determine the legal arrangements and the application of criminal sanctions against the crime of credit/debit card fraud in Indonesia. The type of study was a normative research by classifying the provisions relevant to the crime of credit/debit card fraud is based on Law No. 11 Year 2008 concerning Information and Electronic Transactions; otherwise it is used also Convention on Cyber crime 2001. Analysis of legal materials made through a law (statue approach to create an ius constituendum regarding the application of criminal sanctions against crime credit/debit card fraud. The results of the research indicated that the legal arrangements and criminal sanctions against the crime of credit/debit card fraud in Indonesia is still relatively minimal. First, not integrated article that directly regulates computer related fraud. Second, not arranged in the form of criminal sanctions for actions that are restitution culprit.

REFLECTION ON THE REVISION OF THE BOOK OF THE LAW OF CRIMINAL LAW AND LAW OF CRIMINAL PROCEDURE OF INDONESIA

Directory of Open Access Journals (Sweden)

Marwan Mas

2015-05-01

Full Text Available The Principle of the plan revision or amendment Of the Criminal Law Act and LAW No. 8 of 1981 on the law of criminal procedure (Criminal Code is something that necessarily, because a number of judgments were not in accordance with the conditions of the present. Criminal Code which came into effect in 1915 during colonial times, many judgments which are not in line with people's lives today. For example, the ban showed, offering, or broadcast a preventive tool is pregnant, regulated in article 534 Criminal Code, although that provision had never been repealed as opposed to family planning programs. It's just that, those changes also should look at the reality of the needs of the community, particularly on corruption eradication efforts which should not be weakened. One of the crucial second revision of draft laws that are a number of provisions which could potentially undermine the spirit of the eradication of corruption, including the weakening of the authority of the corruption eradication Commission (KPK in dealing with corruption cases.

31 CFR 91.14 - Penalties and other law.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Penalties and other law. 91.14... CONDUCT IN OR ON THE BUREAU OF THE MINT BUILDINGS AND GROUNDS § 91.14 Penalties and other law. Whoever...). Nothing contained in the regulations in this part shall be construed to abrogate any other Federal laws or...

Formulation of Policy for Cyber Crime in Criminal Law Revision Concept of Bill Book of Criminal Law (A New Penal Code)

Science.gov (United States)

Soponyono, Eko; Deva Bernadhi, Brav

2017-04-01

Development of national legal systems is aimed to establish the public welfare and the protection of the public. Many attempts has been carried out to renew material criminal law and those efforts results in the formulation of the concept of the draft Law Book of the Law of Criminal Law in the form of concept criminal code draft. The basic ideas in drafting rules and regulation based on the values inside the idology of Pancasila are balance among various norm and rules in society. The design concept of the New Criminal Code Act is anticipatory and proactive to formulate provisions on Crime in Cyberspace and Crime on Information and Electronic Transactions. Several issues compiled in this paper are whether the policy in formulation of cyber crime is embodied in the provisions of the current legislation and what the policies formulation of cyber crime is in the concept of the bill book of law - criminal law recently?.

Criminal charges prior to and after initiation of office-based buprenorphine treatment

Directory of Open Access Journals (Sweden)

Harris Elizabeth E

2012-03-01

Full Text Available Abstract Background There is little data on the impact of office-based buprenorphine therapy on criminal activity. The goal of this study was to determine the impact of primary care clinic-based buprenorphine maintenance therapy on rates of criminal charges and the factors associated with criminal charges in the 2 years after initiation of treatment. Methods We collected demographic and outcome data on 252 patients who were given at least one prescription for buprenorphine. We searched a public database of criminal charges and recorded criminal charges prior to and after enrollment. We compared the total number of criminal cases and drug cases 2 years before versus 2 years after initiation of treatment. Results There was at least one criminal charge made against 38% of the subjects in the 2 years after initiation of treatment; these subjects were more likely to have used heroin, to have injected drugs, to have had any prior criminal charges, and recent criminal charges. There was no significant difference in the number of subjects with any criminal charge or a drug charge before and after initiation of treatment. Likewise, the mean number of all cases and drug cases was not significantly different between the two periods. However, among those who were opioid-negative for 6 or more months in the first year of treatment, there was a significant decline in criminal cases. On multivariable analysis, having recent criminal charges was significantly associated with criminal charges after initiation of treatment (adjusted odds ratio 3.92; subjects who were on opioid maintenance treatment prior to enrollment were significantly less likely to have subsequent criminal charges (adjusted odds ratio 0.52. Conclusions Among subjects with prior criminal charges, initiation of office-based buprenorphine treatment did not appear to have a significant impact on subsequent criminal charges.

Childhood and Adolescent Predictors of Late Onset Criminal Careers

Science.gov (United States)

Zara, Georgia; Farrington, David P.

2009-01-01

This study explores the emergence of a criminal career in adulthood. The main hypothesis tested is that late criminal onset (at age 21 or later) is influenced by early factors that delay antisocial manifestations. The Cambridge Study in Delinquent Development (CSDD) was used to examine early determinants of criminal behavior. 400 Inner London…

Criminal Aspects of Artificial Abortion

OpenAIRE

Hartmanová, Leona

2016-01-01

Criminal Aspects of Artificial Abortion This diploma thesis deals with the issue of artificial abortion, especially its criminal aspects. Legal aspects are not the most important aspects of artificial abortion. Social, ethical or ideological aspects are of the same importance but this diploma thesis cannot analyse all of them. The main issue with artificial abortion is whether it is possible to force a pregnant woman to carry a child and give birth to a child when she cannot or does not want ...

Principle Mediation of Domestic Violence as Criminal Act

OpenAIRE

Wijaya, Sandy Ari

2014-01-01

Penal mediation is a process of extra judicial settlement for criminal case. The application ofpenal mediation on criminal law is to give the justice and protection to the victims of which it isnot accommodate by legality aspect in Indonesia criminal law. The existence of penal mediationprinciple with legal certainty affect the domestic violence (KDRT). The inconsistence continueswhen the penal mediation process relevance is applied to serious domestic violence that violate thehuman rights. T...

International Criminal Law: Over-studied and Underachieving?

NARCIS (Netherlands)

van Sliedregt, E.

2016-01-01

In his recent review of Neil Boister's book, An Introduction to Transnational Criminal Law, Robert Currie praises the author for shedding light on a field of law that has suffered from inattention. Transnational criminal law (TCL), the 'other' branch of what was traditionally called international

5 CFR 2634.909 - Procedures, penalties, and ethics agreements.

Science.gov (United States)

2010-01-01

... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Procedures, penalties, and ethics agreements. 2634.909 Section 2634.909 Administrative Personnel OFFICE OF GOVERNMENT ETHICS GOVERNMENT ETHICS... Financial Disclosure Reports § 2634.909 Procedures, penalties, and ethics agreements. (a) The provisions of...

Neurologic disorder and criminal responsibility.

Science.gov (United States)

Yaffe, Gideon

2013-01-01

Sufferers from neurologic and psychiatric disorders are not uncommonly defendants in criminal trials. This chapter surveys a variety of different ways in which neurologic disorder bears on criminal responsibility. It discusses the way in which a neurologic disorder might bear on the questions of whether or not the defendant acted voluntarily; whether or not he or she was in the mental state that is required for guilt for the crime; and whether or not he or she is deserving of an insanity defense. The discussion demonstrates that a just determination of whether a sufferer from a neurologic disorder is diminished in his or her criminal responsibility for harmful conduct requires equal appreciation of the nature of the relevant disorder and its impact on behavior, on the one hand, and of the legal import of facts about the psychologic mechanisms through which behavior is generated, on the other. © 2013 Elsevier B.V. All rights reserved.

The Criminal Justice System and Ordeal of Victims of Crime in ...

African Journals Online (AJOL)

Law is important and indeed indispensable for the continued existence of human society. The criminal justice system is entrusted with the responsibility of controlling criminal behaviour and punishing criminals or offenders. Compared to civil law, criminal law focuses more on the benefit of the state and political community ...

15 CFR 719.3 - Violations of the IEEPA subject to judicial enforcement proceedings.

Science.gov (United States)

2010-01-01

... 712 of the CWCR) unless: (i) The import is from a State Party; (ii) The import is for research...,000 for any violation committed on or after October 23, 1996 (15 CFR 6.4(a)(5)). (c) Criminal penalty.... 3571, a criminal code provision that establishes a maximum criminal fine for a felony that is the...

78 FR 22798 - Hazardous Materials: Revision of Maximum and Minimum Civil Penalties

Science.gov (United States)

2013-04-17

.... 5101 et seq.). Section 5123(a) of that law provides civil penalties for knowing violations of Federal... 107--Guidelines for Civil Penalties * * * * * IV. * * * C. * * * Under the Federal hazmat law, 49 U.S... Maximum and Minimum Civil Penalties AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA...

Paraphilia and sex offending - A South African criminal law perspective.

Science.gov (United States)

Carstens, Pieter; Stevens, Philip

2016-01-01

Historically, the link between sexual deviance and criminality has been described and documented, asserted by psychiatry, and manifested in law. Laws that have regulated sexual behaviour have referred to terms such as 'sexual deviation', 'sexual perversion' or even archaic moral terms such as 'unnatural acts and unspeakable crimes against nature'. A possible link between sexual perversion, psychopathy, and criminality, specifically manifesting in sexual homicide, has been the subject of remarkable research in forensic psychiatry. This contribution examines the phenomenon of paraphilia with specific reference to its definition, diagnostic classification and characteristics, as well as a few selections of incidences of paraphilia in South African criminal case law. A brief assessment is made of how South African criminal courts have dealt with paraphilia. In this regard, an analysis is made of the criminal liability of the paraphiliac. The South African response to sexual deviation as addressed in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 will also be addressed with reference to its efficacy in addressing paraphilia within South African criminal law. The interface between criminal law and medical ethics within the context of this theme will also be canvassed. In conclusion, recommendations for possible reform are canvassed. Copyright © 2016. Published by Elsevier Ltd.

HUMAN TRAFFICKING DRUG TRAFFICKING, AND THE DEATH PENALTY

Directory of Open Access Journals (Sweden)

Felicity Gerry

2016-12-01

Full Text Available Both Australia and Indonesia have made commitments to combatting human trafficking.  Through the experience of Mary Jane Veloso it can be seen that it is most often the vulnerable ‘mule’ that is apprehended by law enforcement and not the powerful leaders of crime syndicates. It is unacceptable that those vulnerable individuals may face execution for acts committed under threat of force, coercion, fraud, deception or abuse of power. For this reason it is vital that a system of victim identification is developed, including better training for law enforcement, legal representatives and members of the judiciary. This paper builds on submissions by authors for Australian Parliamentary Inquiry into Human Trafficking, and focusses on issues arising in the complex cross section of human trafficking, drug trafficking, and the death penalty with particular attention on identifying victims and effective reporting mechanisms in both Australia and Indonesia. It concludes that, in the context of human trafficking both countries could make three main improvements to law and policy, among others, 1 enactment of laws that create clear mandatory protection for human trafficking victims; 2 enactment of criminal laws that provides complete defence for victim of human trafficking; 3 enactment of corporate reporting mechanisms. Systemic protection and support is not sufficiently available without clear legislative protection as this paper suggests together with standardised referral mechanisms and effective financial reporting mechanisms. The implementation can be achieved through collaborative responses and inter-agency coordination with data collection and properly trained specialists.

Mapping Criminal Governance in African Cities | IDRC ...

International Development Research Centre (IDRC) Digital Library (Canada)

Mapping Criminal Governance in African Cities. This grant will allow the Institute for Security Studies (ISS), through its Organized Crime and Money Laundering Programme (OCML), to explore the causal links between weak state authority and the emergence of criminal governance ... Profile of crime markets in Dakar.

24 CFR 30.80 - Factors in determining amount of civil money penalty.

Science.gov (United States)

2010-04-01

... civil money penalty. 30.80 Section 30.80 Housing and Urban Development Office of the Secretary, Department of Housing and Urban Development CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT Procedures § 30.80 Factors in determining amount of civil money penalty. After determining that a respondent has...

Neurotechnological Behavioural Treatment of Criminal Offenders

DEFF Research Database (Denmark)

Ryberg, Jesper; Petersen, Thomas Søbirk

2013-01-01

at the behaviour for which the criminal is convicted. In this article it is argued that Bomann-Larsen's analysis of the morality of offers does not provide a solid base for this conclusion and that, even if the analysis is assumed to be correct, it still does not follow that voluntary rehabilitation schemes...... targeting behaviour beyond the act for which a criminal is convicted are inappropriate....

Non-clairvoyant weighted flow time scheduling with rejection penalty

DEFF Research Database (Denmark)

Chan, Ho-Leung; Chan, Sze-Hang; Lam, Tak-Wah

2012-01-01

is defined as the weighted flow time of the job plus the penalty if it is rejected before completion. Previous work on minimizing the total user cost focused on the clairvoyant single-processor setting [BBC+03,CLL11] and has produced O(1)-competitive online algorithm for jobs with arbitrary weights...... algorithm has to decide job rejection and determine the order and speed of job execution. It is interesting to study the tradeoff between the above-mentioned user cost and energy. This paper gives two O(1)-competitive non-clairvoyant algorithms for minimizing the user cost plus energy on a single processor......This paper initiates the study of online scheduling with rejection penalty in the non-clairvoyant setting, i.e., the size (processing time) of a job is not assumed to be known at its release time. In the rejection penalty model, jobs can be rejected with a penalty, and the user cost of a job...

Criminality in men with Klinefelter's syndrome and XYY syndrome: a cohort study

OpenAIRE

Stochholm, Kirstine; Bojesen, Anders; Jensen, Anne Skakkebæk; Juul, Svend; Gravholt, Claus Højbjerg

2012-01-01

Objective To investigate the criminal pattern in men between 15 and 70 years of age diagnosed with 47,XXY (Klinefelter's syndrome (KS)) or 47,XYY compared to the general population. Design Register-based cohort study comparing the incidence of convictions among men with KS and with 47,XYY with age- and calendar-matched samples of the general population. Crime was classified into eight types (sexual abuse, homicide, burglary, violence, traffic, drug-related, arson and ‘others’). Setting Denmar...

Transfer of Procedure in Criminal Matters in Romanian Legislation

Directory of Open Access Journals (Sweden)

Ion Rusu

2009-06-01

Full Text Available Aware of the obligations assumed in fighting crime, Romania translated in itsinternal legislation the European Convention on the transfer of procedure in criminal matters,adopted in Strasbourg on 15 May 1972, ratified through Government’s Ordinance no.77/1999.The transfer of procedure in criminal matters is one of the forms of international judicialcooperation in criminal matter and represents an act on mutual trust in the organizing activityfor crime pursuit at the international level. According to law, the procedure transfer in criminalmatter consists in performing criminal procedure or continuing the procedures initiated by thecompetent Romanian authorities for an action that represents a crime, in accordance with theRomanian law and transferring it to another state. The procedure transfer in criminal matters isaccomplished only if the conditions expressly provisioned by law are fulfilled, respecting thenon bis in idem principle.

Juridical-Criminal Paternalism, Autonomy and Vulnerability: Legitimation Criteria of Paternalistic Interventions on Individual Autonomy in Criminal Matters

Directory of Open Access Journals (Sweden)

Heráclito Mota Barreto Neto

2015-12-01

Full Text Available The following paper has as objective questioning the legitimacy of state's paternalistic interventions on individual autonomy by using institutional-criminal instruments. In this path, the paper aims to understand in which cases the State is allowed to interfere in private individual lives under the justification of being promoting a well or avoiding a harm and, as well, in which cases such interference is abusive of individuals self-determination. Into this analysis, the work will study the current concepts of paternalism, the theoretical classifications on paternalistic interventions which will be useful to demonstrate admissible and inadmissible species of paternalism and Joel Feinberg and Gerald Dworkin's anti- paternalistic theories. Following, this subject will be analyzed in association with the implications of juridical-criminal goods involved in conflicts between autonomy, human vulnerabilities and paternalism, specially regarding to the (unavailability of those goods. In the end, the work intends to define legitimation criteria for paternalistic interventions inserted in criminal laws, which superimpose themselves on the individual autonomy, in order to harmonize constitutional values of respect for autonomy, protection of vulnerable individuals and the Criminal Law functions of exclusive protection of juridical goods.

Exposure to criminal environment and criminal social identity in a sample of adult prisoners: The moderating role of psychopathic traits.

Science.gov (United States)

Sherretts, Nicole; Boduszek, Daniel; Debowska, Agata

2016-08-01

The purpose of this study was to investigate the role of period of incarceration, criminal friend index (a retrospective measure intended to quantify criminal associations before 1st incarceration), and 4 psychopathy factors (interpersonal manipulation, callous affect, erratic lifestyle, and antisocial behavior) in criminal social identity (CSI) while controlling for age and gender. Participants were a sample of 501 incarcerated offenders (male n = 293; female n = 208) from 3 prisons located in Pennsylvania State. Moderated regression analyses indicated no significant direct association between period of incarceration and CSI or between criminal friend index and Measure of Criminal Social Identity (MCSI). However, a significant moderating effect of interpersonal manipulation on the relationship between period of incarceration and MCSI was observed. Period of incarceration was significantly positively correlated with MCSI (particularly with the in-group ties subscale) for only those offenders who scored high (1 SD above the mean) on interpersonal manipulation and significantly negatively correlated for those who scored low (1 SD below the mean) on interpersonal manipulation. Also, criminal friend index was positively significantly associated with in-group ties for high levels (1 SD above the mean) of callous affect. The main findings provide evidence for the claim that prisoners are likely to simulate changes in identity through the formation of bonds with other offenders and that this can be achieved using interpersonal manipulation skills. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

Predicting recidivism in sex offenders with the Psychological Inventory of Criminal Thinking Styles (PICTS).

Science.gov (United States)

Walters, Glenn D; Deming, Adam; Casbon, Todd

2015-04-01

The purpose of this study was to determine whether the Psychological Inventory of Criminal Thinking Styles (PICTS) was capable of predicting recidivism in 322 male sex offenders released from prison-based sex offender programs in a Midwestern state. The Static-99R and PICTS General Criminal Thinking (GCT), Reactive (R), and Entitlement (En) scores all correlated significantly with general recidivism, the Static-99R correlated significantly with violent recidivism, and the Static-99R score and PICTS GCT, Proactive (P), and En scores correlated significantly with failure to register as a sex offender (FTR) recidivism. Area under the curve effect size estimates varied from small to large, and Cox regression analyses revealed that the PICTS En score achieved incremental validity relative to the Static-99R in predicting general recidivism and the PICTS GCT, P, and En scores achieved incremental validity relative to the Static-99R in predicting FTR recidivism. It is speculated that the PICTS in general and the En scale in particular may have utility in risk management and treatment planning for sex offenders by virtue of their focus on antisocial thinking. © The Author(s) 2014.

31 CFR 585.701 - Penalties.

Science.gov (United States)

2010-07-01

... § 585.701 Penalties. (a) Attention is directed to section 206 of the International Emergency Economic... fine, imprisonment or both, and any property, funds, securities, papers, or other articles or documents...

32 CFR 269.4 - Cost of living adjustments of civil monetary penalties.

Science.gov (United States)

2010-07-01

... 32 National Defense 2 2010-07-01 2010-07-01 false Cost of living adjustments of civil monetary... DEFENSE (CONTINUED) MISCELLANEOUS CIVIL MONETARY PENALTY INFLATION ADJUSTMENT § 269.4 Cost of living... increasing the maximum civil monetary penalty for each civil monetary penalty by the cost-of-living...

13 CFR 127.700 - What penalties may be imposed under this part?

Science.gov (United States)

2010-01-01

... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false What penalties may be imposed under this part? 127.700 Section 127.700 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT ASSISTANCE PROCEDURES Penalties § 127.700 What penalties may...

Conflicts of Jurisdiction in Criminal Proceedings

Directory of Open Access Journals (Sweden)

Mihail Silviu Pocora

2015-05-01

Full Text Available This paper will consider the practical settlement of conflicts of jurisdiction both in relation to the forum for prosecution and transfer of proceedings. The corollary of free movement of people is free movement of judgments, sentences and related powers of investigation and prosecution. Cross border crime requires to be addressed by equipping law enforcement and prosecution authorities with mechanisms to ensure the public interest in the investigation and prosecution of crime is met. The starting point for any consideration is the place where the criminal conduct took place. Sometimes the crime is such that criminal jurisdiction will be fixed - such as theft of property, crimes of violence - where others have an impact or criminal conduct in more than one jurisdiction - drug importation, major transnational drug dealing, human trafficking, terrorism.

[Personality disorders, violence and criminal behaviour].

Science.gov (United States)

Palmstierna, Tom

2016-12-06

Personality disorders, violence and criminal behaviour The importance of personality disorders for violent and criminal behaviour is illustrated by their high prevalence in prison populations. Especially antisocial personality disorder and antisocial personality traits are linked to violence. During diagnostic assessment of personality disorders, violence risk screening is recommended. Cognitive behaviour treatment focused on violent behaviour has some effect in criminal populations, but the antisocial personality traits are resistant to treatment. Evidence for pharmacological treatment of repetitive aggressive behaviour is weak. But, bensodiazepines seem to increase the risk of violent behaviour among patients with personality disorders. Antisocial personality traits diminish over time. This spontaneous decrease can be delayed by comorbidity such as other personality disorder, substance use disorder, psychosis and attention deficit disorders. Therefore it is recommended to actively treat these comorbid conditions.

31 CFR 594.701 - Penalties.

Science.gov (United States)

2010-07-01

... Penalties. (a) Attention is directed to section 206 of the International Emergency Economic Powers Act (the... punished by a like fine, imprisonment, or both and any property, funds, securities, papers, or other...

31 CFR 543.701 - Penalties.

Science.gov (United States)

2010-07-01

... Penalties. (a) Attention is directed to section 206 of the International Emergency Economic Powers Act (50 U... fine, imprisonment, or both and any property, funds, securities, papers, or other articles or documents...

Young, Black, and Sentenced To Die: Black Males and the Death Penalty.

Science.gov (United States)

Joseph, Janice

1996-01-01

Explores the death penalty as imposed on young black males in the United States and examines the disparity in death penalty rates for homicides with black offenders and white victims. States continue to impose the death penalty rather than viewing youth violence as a failure of the social system. (SLD)

14 CFR 13.305 - Cost of living adjustments of civil monetary penalties.

Science.gov (United States)

2010-01-01

... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Cost of living adjustments of civil... Inflation Adjustment § 13.305 Cost of living adjustments of civil monetary penalties. (a) Except for the... and maximum civil monetary penalty for each civil monetary penalty by the cost-of-living adjustment...

Childhood neurodevelopmental disorders and violent criminality: a sibling control study.

Science.gov (United States)

Lundström, Sebastian; Forsman, Mats; Larsson, Henrik; Kerekes, Nora; Serlachius, Eva; Långström, Niklas; Lichtenstein, Paul

2014-11-01

The longitudinal relationship between attention deficit hyperactivity disorder (ADHD) and violent criminality has been extensively documented, while long-term effects of autism spectrum disorders (ASDs), tic disorders (TDs), and obsessive compulsive disorder (OCD) on criminality have been scarcely studied. Using population-based registers of all child and adolescent mental health services in Stockholm, we identified 3,391 children, born 1984-1994, with neurodevelopmental disorders, and compared their risk for subsequent violent criminality with matched controls. Individuals with ADHD or TDs were at elevated risk of committing violent crimes, no such association could be seen for ASDs or OCD. ADHD and TDs are risk factors for subsequent violent criminality, while ASDs and OCD are not associated with violent criminality.

Death Penalty in America.

Science.gov (United States)

Clifford, Amie L.

1997-01-01

Examines the legal and moral issues, controversies, and unique trial procedures involved with the death penalty. Discusses the 1972 landmark Supreme Court decision that resulted in many states abolishing this punishment, only to reintroduce it later with different provisions. Reviews the controversial case of Sam Sheppard. (MJP)

28 CFR 20.33 - Dissemination of criminal history record information.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Dissemination of criminal history record information. 20.33 Section 20.33 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE INFORMATION SYSTEMS Federal Systems and Exchange of Criminal History Record Information § 20.33 Dissemination of...

Comparison of criminal procedure and inspection

International Nuclear Information System (INIS)

Hyung, Sang Cheol

2009-01-01

While a criminal investigation and international inspection are similar in the purpose of identifying any possible violator, there are also differences between them. Especially in the case of a criminal procedure, the defendants are presumed to be innocent until he or she is convicted, but states must make efforts to prove their nuclear transparency. Let's compare both of them to find out the reason why these different points have happened