Problems of Legal Regulation of Criminal Responsibility for Illegal Plunder and Circulation of Especially Valuable Strains of Cattle

Directory of Open Access Journals (Sweden)

Bavsun M. V.

2014-10-01

Full Text Available The article deals with the disputable issues in legal regulation of criminal responsibility for plunder and circulation of especially valuable strains of wild cattle, acting as a subject of legal and criminal protection, Art. 258.1 of the RF CC (Criminal Code of the Russian Federation. As a conclusion the author offers the variant of proposals for improvement of legislative construction of the norm considered on the ground of the analysis conducted

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.

Truth and victims’ rights: Towards a legal epistemology of international criminal justice

OpenAIRE

Aguilera, Edgar R.

2013-01-01

The author advances the thesis that the now well established international crime victims' right to know the truth creates an opportunity for an applied epistemology reflection regarding international criminal justice. At the heart of the project lies the author's argument that this victims' right -if taken seriously- implies both the right that the international criminal justice system's normative structures or legal frameworks and practices feature a truth-promoting profile, or in other word...

New Serbian criminal procedure: New reasons for harmonization with European legal standards

Directory of Open Access Journals (Sweden)

Đurđić Vojislav

2014-01-01

Full Text Available The new criminal procedure, set forth in 2011, represents a compilation of the inquisitive model of preliminary proceedings, on the one hand, and adversarial trial of the Anglo-American type of criminal procedure on the other. Introduction of the public prosecutor's investigation required a subtle legislative approach to the protection of human rights in criminal proceedings, in order to establish equilibrium between efficient and just procedure. Instead of the expected, the erroneous conception based on the ideas that the public prosecutor's investigation should be strictly formal as that of a court, that evidence taken by the non-judicial authorities should have the same bearing as those taken by the courts, and that the court should have no role in conducting investigation, resulted in an overly inferior position of the accuses compared to that of the public prosecutor. Beside the fact that such conception can not pass the ECJ test, the specific legal solutions referring the investigation open the question of harmonization with the European legal standards. The provisions on initiation of this phase of the proceedings, not being legally sanctioned, put in question the right of the accused to access justice, as well as his right to an effective legal remedy, and the introduced investigation against the unknown perpetrator, the right to be present at one's own trial is being jeopardized. Neither do all procedural rules pertaining to the trial support the fair procedure principle: the indirect extortion of evidence from the defense is discordant with the rule that the burden of proof lies on the prosecutor, as one of the main pillars of the assumption of innocence; as well as the broad opportunity to use non-judicial evidence at the hearing without any major legal obstacles, have demolished the principles of directness and contradictoriness. Even some of the minimal right of the defense as well as the guarantees of personal freedom in the course

Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial

OpenAIRE

Kohout, David

2013-01-01

in English Dissertation Thesis David Kohout: Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial This Dissertation on the topic of "Legal-Historical Aspects of Punishment of Nazi Criminals on the Background of the Adolf Eichmann Trial" seeks to analyze the main approaches to the prosecution and punishment of the Nazi crimes. It was chosen to use the trial of Adolf Eichmann in Jerusalem in years 1961 - 1962 as a connecting thread of this whole...

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

Criminalization, legalization or decriminalization of sex work: what female sex workers say in San Francisco, USA.

Science.gov (United States)

Lutnick, Alexandra; Cohan, Deborah

2009-11-01

Sex work is a criminal offence in San Francisco, USA, and sex work advocates have so far unsuccessfully campaigned for decriminalizing it. Some groups argue that the decriminalization movement does not represent the voices of marginalized sex workers. Using qualitative and quantitative data from the Sex Worker Environmental Assessment Team Study, we investigated the perspectives and experiences of a range of female sex workers regarding the legal status of sex work and the impact of criminal law on their work experiences. Forty women were enrolled in the qualitative phase in 2004 and 247 women in the quantitative phase in 2006-07. Overall, the women in this study seemed to prefer a hybrid of legalization and decriminalization. The majority voiced a preference for removing statutes that criminalize sex work in order to facilitate a social and political environment where they had legal rights and could seek help when they were victims of violence. Advocacy groups need to explore the compromises sex workers are willing to make to ensure safe working conditions and the same legal protections afforded to other workers, and with those who are most marginalized to better understand their immediate needs and how these can be met through decriminalization.

Against a singular understanding of legal capacity: Criminal responsibility and the Convention on the Rights of Persons with Disabilities

Science.gov (United States)

Craigie, Jillian

2015-01-01

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. PMID:25997381

Against a singular understanding of legal capacity: Criminal responsibility and the Convention on the Rights of Persons with Disabilities.

Science.gov (United States)

Craigie, Jillian

2015-01-01

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. Copyright © 2015. Published by Elsevier Ltd.

PRINCÍPIO DA LEGALIDADE PENAL COMO DIREITO HUMANO FUNDAMENTAL PRINCIPLE OF CRIMINAL LEGALITY AS A FUNDAMENTAL HUMAN RIGHT

Directory of Open Access Journals (Sweden)

HENRIQUE HOFFMANN MONTEIRO DE CASTRO

2012-12-01

Full Text Available Resumo: O presente trabalho tem como desiderato debater o princípio da legalidade no âmbito do Direito Penal, postulado que se qualifica como direito humano fundamental. Isso porque a legalidade penal reveste-se de caráter garantidor do cidadão, possuindo caráter basilar em qualquer Estado que se pretenda Democrático de Direito, traduzindo ponto nevrálgico dos ordenamentos jurídicos que se fundem na justiça e na racionalidade. Como é indubitável que o princípio da legalidade afigura-se como garantia individual de cunho constitucional, sua análise é imprescindível para a compreensão do Direito Penal em uma visão principiológica. Para tanto, perquire-se sobre o caráter principiológico da legalidade, realiza-se reflexão sobre a íntima relação entre legalidade e Estado Democrático de Direito, perscruta-se acerca da origem histórica e do conteúdo da cláusula de legalidade, raciocina-se sobre os desdobramentos do referido postulado, são formuladas ideias sobre os mandados de criminalização, desenvolvem-se argumentos em torno de polêmicas questões que envolvem a legalidade penal e, finalmente, alguns arremates acerca do tema são realizados.Abstract: This work aims to discuss the principle of legality in criminal law, principle qualified as a fundamental human right. The criminal legality is a natural guarantee of citizens, having basic character in any state that pretends itself democratic, reflecting main feature of the legal systems based on justice and rationality. As it is clear that the principle of legality seems to be a constitutional guarantee of individual, its analysis is essential for understanding a principled view of the criminal law. To do so, it perquires about the character of legality, reflects on the intimate relationship between legality and democratic state, peers up about the historical origin and content of the clause of legality, reasons about the consequences of this postulate, formulates ideas

The Essence Of The Legal Culture In Achieving The Purpose Of Criminalization For Corruptor

Directory of Open Access Journals (Sweden)

Halila Rama Purnama

2015-08-01

Full Text Available Abstract Nowadays efforts to eradicate corruption become a global problem and not only as a national or regional issues. For a developing country like Indonesia has almost become a condition sine qua non. This research reviews the role of legal culture in formulating the legal awareness of the public in an effort to prevent corruption. This research is a sociolegal research leading to search ontologically. The type of research combines the empirical and normative studies. The outcomes of the research indicate that as an extraordinary crime corruption cases should be carried out in an extraordinary way. The consequence it is not only the financial loss of state but a crime that violates the rights of social and economic at large and systemic. Observing the criminal sanctions applicable in the law of corruption linked to the purpose of criminalization against perpetrators of corruption corruptor it can be seen that the essence of criminalization is intended as an attempt to eradicate corruption. But these efforts to date cannot be said to achieve its goals because that looks just taking measure have not been effective to minimize corruption. Criminalization efforts have not actually created the states role in protecting people against the corruption.

Courtrooms of conflict. Criminal law, local elites and legal pluralities in colonial Java

NARCIS (Netherlands)

Ravensbergen, S.

2018-01-01

This dissertation points out the stark inequalities of segregated criminal justice in nineteenth-century Java and analyses this unequal system in practice, shown by an actor-focused approach and through a framework of legal pluralities. Ravensbergen searched for the conflicts occurring

78 FR 65933 - Restrictions on Legal Assistance With Respect to Criminal Proceedings

Science.gov (United States)

2013-11-04

... Act to authorize LSC funds to be used for representation of persons charged with criminal offenses in... law and punishable by death, imprisonment, or a jail sentence. A misdemeanor or lesser offense tried... Judiciary explained: Section 7(b)(2) permits a legal services program to provide representation in a very...

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

Directory of Open Access Journals (Sweden)

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.

Apology in the criminal justice setting: evidence for including apology as an additional component in the legal system.

Science.gov (United States)

Petrucci, Carrie J

2002-01-01

The criminal justice system has reached unprecedented scope in the United States, with over 6.4 million people under some type of supervision. Remedies that have the potential to reduce this number are continually being sought. This article analyzes an innovative strategy currently being reconsidered in criminal justice: the apology. Despite a legal system that only sporadically acknowledges it, evidence for the use of apology is supported by social science research, current criminal justice theories, case law, and empirical studies. Social psychological, sociological and socio-legal studies pinpoint the elements and function of apology, what makes apologies effective, and concerns about apology if it were implemented in the criminal justice system. Theoretical evidence is examined (including restorative justice, therapeutic jurisprudence, crime, shame, and reintegration) to explore the process of apology in the criminal justice context. Attribution theory and social conduct theory are used to explain the apology process specifically for victims and offenders. A brief examination of case law reveals that though apology has no formal place in criminal law, it has surfaced recently under the federal sentencing guidelines. Finally, empirical evidence in criminal justice settings reveals that offenders want to apologize and victims desire an apology. Moreover, by directly addressing the harmful act, apology may be the link to reduced recidivism for offenders, as well as empowerment for victims. This evidence combined suggests that apology is worthy of further study as a potentially valuable addition to the criminal justice process. Copyright 2002 John Wiley & Sons, Ltd.

Education in the family as a factor of pedagogical correction of legal consciousness in juvenile probation and parole, including registered in criminal-executive inspection

Directory of Open Access Journals (Sweden)

Gud M. B.

2017-12-01

Full Text Available The article discusses the concept of "legal consciousness of minors", the peculiarities of its formation in adolescence, and a pedagogical process of correction of legal consciousness adolescents in conditions of serving criminal sentences, when registration with the penal inspection. Analyzes one of the factors of correction of legal consciousness – raising in the family of convicted minors consisting on the account in the criminal-Executive inspection. The specifics of family upbringing and their impact on the efficiency of re-socialization of minors consisting on the account in criminally-executive inspection, as well as reducing recidivism. Examples of departmental statistics on the role of the family in preventing delinquency and crime among convicted adolescents. The basic directions of improvement of family education in the framework of the activities of employees of criminally-executive inspections.

Legal and criminal law protection of children from sexual violence: Proposals de Lege Ferenda

Directory of Open Access Journals (Sweden)

Petković Nikola

2012-01-01

Full Text Available The legal and criminal law protection of children from sexual violence is a major element of the combat against this complex form of crime. Well-designed laws, consistency in their implementation, evaluation of effects and effectiveness of the measures envisaged by the laws are only some steps that must be made if the positive results are expected in opposing any crime, and therefore to sexual violence. Moreover, if we consider the consequences of attempted and/or committed sexual violence for the victim, which, if they reach the public evoke strong reaction, it is clear why the parts of the relevant legislation that regulate this matter are worthy of special attention to scientific and professional public. However, the mission of finding a fair legislative solution is not simple. In this sense, the United States of America have the richest experience, and we shall just try to point out the importance and complexity of the regulation of criminal law protection of children from sexual violence through critical analysis of their proposals and already adopted solutions, as well as through analysis of certain elements of domestic legislation. The aim of this study is review and critical analysis of selected proposals and existing solutions in the sphere of legal and criminal law protection of children from sexual violence: the U.S. law that regulates formation of the registry of sex offenders which is available to the public ('Megan's law', legal solutions that provide chemical castration of 'pedophiles', as well as those related to the question of establishing the age limit that determines possibility of entering into consensual sexual relations with a minor.

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...

Corporate Criminal Liability for Corruption Offences and the Due Diligence Defence: A Comparison of the Dutch and English Legal Frameworks

Directory of Open Access Journals (Sweden)

Bram Meyer

2014-07-01

Full Text Available This article addresses the question of to what extent companies can be held criminally liable for – active – bribery offences perpetrated by their employees. It focuses on the questions of to what extent companies have a duty of care to prevent bribery by employees and to what extent can a breach of such a duty of care cause criminal liability to ensue.In this contribution, the authors set out to answer these questions by comparing the Dutch and the British legal systems. After assessing the international and national legal frameworks, they conclude that the Dutch anti-corruption provisions are, compared to the British, broadly formulated, including ambiguous terms and that – as a result of this – their scope is somewhat vague. Due diligence measures have a varying effect on determining the criminal liability of companies. In contrast, the due diligence question has a fixed, unequivocal place in the UK system of determining criminal liability, making the UK system seem more straightforward. But still, neither anti-corruption legislation nor case law provides clarity as to the scope of due diligence measures. To increase legal certainty, this article calls upon the Dutch Government to produce guidelines, similar to the British MoJ Guidance, that provide specific examples of the details of a compliance scheme.

Public perceptions of arguments supporting and opposing recreational marijuana legalization.

Science.gov (United States)

McGinty, Emma E; Niederdeppe, Jeff; Heley, Kathryn; Barry, Colleen L

2017-06-01

In debates about recreational marijuana legalization, pro-legalization arguments highlighting economic and other potential policy benefits compete with anti-legalization arguments emphasizing public health risks. In 2016, we conducted a national survey using an online panel (N=979) designed to answer two main research questions: (1) How do Americans perceive the relative strength of competing arguments about recreational marijuana legalization? (2) How are perceptions of argument strength associated with public support for recreational marijuana legalization? We examined differences in attitudes among individuals living in states that have/have not legalized recreational marijuana and among Democrats/Independents/Republicans. Ordered logit regression assessed the relationship between perceived argument strength and public support for recreational marijuana legalization. Respondents rated pro-legalization arguments highlighting beneficial economic and criminal justice consequences as more persuasive than anti-legalization arguments emphasizing adverse public health effects. Respondents were more likely to agree with arguments highlighting legalization's potential to increase tax revenue (63.9%) and reduce prison overcrowding (62.8%) than arguments emphasizing negative consequences on motor vehicle crashes (51.8%) and youth health (49.6%). The highest rated anti-legalization arguments highlighted the conflict between state and federal marijuana laws (63.0%) and asserted that legalization will fail to eliminate the black market (57.2%). Respondents who endorsed pro-legalization economic and criminal justice arguments were more likely than other respondents to support legalization. Our findings indicate that, on both side of the recreational marijuana legalization debate, there are arguments that resonate with the American public. However, public health risk messages were viewed as less compelling than pro-legalization economic and criminal justice-oriented arguments

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.

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

The suspended sentence in French Criminal Law

Directory of Open Access Journals (Sweden)

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 principle of legal certainty in the practice of the European Court of Human Rights and the quality problems of the criminal legislation of Ukraine

Directory of Open Access Journals (Sweden)

М. І. Панов

2015-03-01

Full Text Available The article provides an outline of the principle of «legal certainty» in the practice of the European Court of Human Rights, shows its influence on the quality assurance of national criminal law and the principle of «rule of law» and «law» in judicial practice in criminal cases. It is noted that the category of «quality of the law on criminal responsibility» is closely connected with the principle of «legal certainty», includes a wide range of issues, the most important of which is the problem of the accuracy of criminal law. The content of this multifaceted category in terms of its various aspects: epistemological, logical, linguistic, pragmatic and on this basis are considered essential features and properties of the accuracy of criminal law, a necessary condition for ensuring the quality of the law on criminal responsibility. At the same time found out some shortcomings of the current penal legislation, proposals are being made to eliminate them.

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.

Victims of femicide in Latin America: Legal and criminal justice responses

Directory of Open Access Journals (Sweden)

Joseph Janice

2017-01-01

Full Text Available Despite the progress that women have made in the fight against gender-based violence, it is still prevalent in various countries in the world. For many women in Latin American countries femicide is a constant reality. This paper critically analyzes femicide in Latin American countries and the legal and criminal responses to this crime. The paper defines femicide and discusses the nature and extent of femicide in Latin America. The analysis of this phenomenon in Latin American countries indicates that although some of these countries have made important strides in addressing the problem, they still face challenges in adequately preventing this crime.

The suspended sentence in German criminal law

Directory of Open Access Journals (Sweden)

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

A Comparative Study of the Principles Governing Criminal Responsibility in the Major Legal Systems of the World (England, United States, Germany, France, Denmark, Russia, China, and Islamic legal tradition)

DEFF Research Database (Denmark)

Elewa Badar, Mohamed; Marchuk, Iryna

2013-01-01

to demarcate between intentional and negligent conduct. Turning to comparative law as an invaluable tool of legal analysis, the study demonstrates that there are more common characteristics than originally anticipated regarding the concept of crime, as well as the basis of the principle of culpability......The purpose of this survey is to examine the underlying principles of criminal responsibility in selected common law and continental law jurisdictions as well as in the Islamic legal tradition through the lens of comparative law. By conducting a comprehensive legal analysis of the concept of crime...

Society as a crime victim of legal entities

Directory of Open Access Journals (Sweden)

Tanjević Nataša

2011-01-01

Full Text Available Tortious acts of legal entities have unforeseen harmful consequences in all areas. In the greedy desire to gain profit, certain legal entities do not have any regard for the most important resources of individuals and society. Damage resulting from the commission of criminal acts is very high for the whole society, especially when it comes to crimes against the environment. In order to prevent and combat corporate crime in criminal law, an increasingly wider acceptance of criminal liability of legal entities was adopted. This paper discusses the basic characteristics of corporate crime, as well as the reasons for the introduction of the criminal responsibility of legal entities. In this regard, we analyzed the law provisions regarding the liability of legal entities for criminal offenses, and concluded that despite the criminal-political need to react with more serious sanctions to the offenses of legal entities, there are certain obstacles and problems that stand in the way of introducing this responsibility.

THE POSITION OF JUVENILES IN THE NEW CRIMINAL LAW OF THE REPUBLIC OF SERBIA

Directory of Open Access Journals (Sweden)

Dragan Jovašević

2008-01-01

Full Text Available The new juvenile (substantive, procedural and executive criminal law came into force at the beginning of 2006 in the Republic of Serbia.. In this way, by concluding its reform of criminal law, the Republic of Serbia followed the trends of modern criminal policies of other developed European countries (France, Germany, and Croatia. Therefore, in that special, specifi c way, it determined the criminal legal status of juveniles. That specifi city is refl ected in various directions : 1 Lex specialis was brought in – a special Act on juvenile perpetrators of criminal acts and the criminal legal protection of juveniles when juveniles in their criminal legal position are completely separate from the status of adults as perpetrators of criminal acts, 2 the special authority of district courts is determined for taking action in criminal cases of juvenile perpetrators of criminal acts, 3 compulsory specialisation is provided for persons in the criminal judiciary taking part in criminal proceedings for juvenile perpetrators of criminal acts ( with previous training and issuing of licences ‘certifi cates’ and 4 besides criminal sanctions, the law has provided for juvenile perpetrators of criminal acts the possibility of sentencing specifi c measures sui generis – educational orders ( directions or recommendations – as means of restorative justice by which the commencement or carrying out of legal action is avoided. This paper precisely deals with this new criminal legal position of juvenile perpetrators of criminal acts and with the new institutions of restorative justice from theoretical, practical and comparative legal aspects.

Actio Libera in Causa in Paraguay in the light of the german penal dogmatic: a decision between criminal policy and the legality principlempire to Republic.

Directory of Open Access Journals (Sweden)

César A. Cañete Prette

2016-08-01

Full Text Available The Paraguayan Criminal Code prescribes culpability as a necessary condition for the imposition of a sanction/punishment. Likewise, in its art. 23, it establishes that, whoever at the moment of the commission of a crime or offense, by cause of a grave perturbation to its consciousness, is not aware of the anti-juridical nature of its acts, shall be deemed irreproachable, and henceforth shall be free from the imposition of a sanction. Given that said norm does not contemplate an exemption, this allows the perpetrator to escape the ius puniendi, when he/she purposefully provokes the state of irreproachability to perpetrate the planned act. This is the problem which the actio libera in causa seeks to provide an answer for. The application of the said theory is however neither anchored in the Paraguayan doctrine or case law. Under this considerations, the present article seeks to contribute to this discussion by carrying out a legal analysis of the application of the action libera in causa in the light of the theories discussed in the German criminal law scholarship, looking to shed light on the potential legal consequences that the application or rejection of the action libera in causa would have considering the current state of the Paraguayan criminal laws/Paraguayan criminal legal system.

The definition of the sources of the criminal law

Directory of Open Access Journals (Sweden)

Анна Суренівна Сохікян

2016-01-01

power law. Thus, the sources of criminal law, depending on various criteria (for example, form and content can be viewed from different sides. However, we propose to consider the sources of criminal law only formal-legal. Conclusions of the research. The form of law is multi-faceted, multi-level and multi-valued, not existing in isolation. It is not based on the content of the phenomenon. Formality in criminal law is manifested in the enactment of criminal law norms in normative legal acts. The analyzed aspect I would like to pay special attention to the confluence of the sources of criminal law and its forms, that is, formal-legal aspect. Not coincidentally, all of the above sources exist in the legal system in the form of legal acts. Therefore, the shape of the sources of criminal law must be textually reflect the standards enshrined in legal act. In addition to the form and content, plays an important entity that establishes a particular norm as criminal law. So, legal effectiveness and social significance of each source of law depends on what place in the state authorities took the body. Regarding the sources of criminal law, I would like to mention that only certain bodies have the authority to create relevant normative-legal acts, to amend and repeal the last. Thus, the Verkhovna Rada ofUkraineis able to influence the criminal legislation ofUkraine, with changes. Based on the foregoing, the people's deputies ofUkrainehave the right to submit draft laws on amending the criminal law.

A BRIEF STUDY ABOUT THE LEGAL NATURE OF PRECAUTIONA RY PRISONS (? IN BRAZILIAN CRIMINAL PROCESS

Directory of Open Access Journals (Sweden)

Tatiana Paula Cruz de Siqueira

2015-12-01

Full Text Available This article analyzes, even if soon, the legal nature of prison said as precautionary, that occur during the police investigation or criminal process. Over this study, prison in the act, preventive prison, according to each of its assumptions and, lastly, temporary prison will bel analyzed. At the end, will be presented the measures, which are effectively considered precautionary, serving to the utility of the final provision, like security measures

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...

To the Question of Legal Defects of Article 354.1 of the Criminal Code of the Russian Federation

Directory of Open Access Journals (Sweden)

Yuliya S. Pestereva

2017-08-01

Full Text Available The main problems of art. 354.1 “Rehabilitation of Nazism” of the Criminal Code of the Russian Federation, designed to prevent the spread of Nazi ideology, both in terms of legal technique and competition with other compounds are analyzed. The Authors suggest possible ways of solving the problems found.

Prevention by All Means?
A Legal Comparison of the Criminalization of Online Grooming and its Enforcement

Directory of Open Access Journals (Sweden)

Renée Kool

2011-10-01

Full Text Available The obligation to criminalise online grooming, recently prescribed by the Council of Europe in the Treaty of Lanzarote, illustrates modern citizens' fears of external dangers, especially towards the sexual abuse of minors. The authorities' image of online grooming being unclear, the penalisatiom tends to be of a symbolic nature, implying false prophecies of legal protection. Moreover, the penalisation of online grooming indicates a precautionary use of the criminal law, so its justification lies within the perpertrators' objectionable motive, the latter violating basic assumptions of criminal law. Next to theoretical objections, practical issues are to be foreseen, as the criminal investigation of online grooming indicates the use of undercover tactics, which has a bearing on the procedural risk, e.g. the entrapment defence. Nevertheless, the British authorities have been able to penalise online grooming rather successfully. The Netherlands having recently (in July 2010 introduced a similar provision, this calls for a comparative analysis. Does the penalisation of online grooming have any added value, especially in light of the tendency towards a precautionary use of the criminal law, and what features are apparent in the British success?

Effect of a brief cognitive behavioural intervention on criminal thinking and prison misconduct in male inmates: Variable-oriented and person-oriented analyses.

Science.gov (United States)

Walters, Glenn D

2017-12-01

There is some consensus on the value of cognitive-behaviourally informed interventions in the criminal justice system, but uncertainty about which components are of critical value. To test the hypothesis that change in prisoners - criminal thinking and institutional misconduct - will both follow completion of a brief cognitive behavioural intervention. A one-group pre-test-post-test quasi-experimental design was used to assess change on the General Criminal Thinking (GCT) scale of the Psychological Inventory of Criminal Thinking Styles among 219 male prisoners completing a 10-week cognitive behavioural intervention, referred to as 'Lifestyle Issues'. Institutional misconduct was measured for 1 year prior to completion of the course and 2 years subsequently. Using variable-oriented analysis, post-test GCT scores were compared with change in prison conduct, controlling for the pre-test thinking scores. Calculations were repeated by using person-oriented analysis. Prisoners who displayed a drop in GCT scores between pre-test and post-test levels were significantly more likely to show a reduction in prison misconduct, whereas prison misconduct was likely to escalate among those who displayed a rise in criminal thinking scores from pre-test to post-test. These findings must still be regarded as preliminary, but taken together with other work and with cognitive behavioural theory, they suggest that development of more prosocial thinking and abilities may have an early beneficial effect on institutional behaviour. Their measurement may offer a practical way in which men could be assessed for readiness to return to the community. Copyright © 2017 John Wiley & Sons, Ltd. Copyright © 2017 John Wiley & Sons, Ltd.

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.

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.

[Legal medicine specialists within the framework of acute care : Analysis of legal medicine consultations in relation to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt].

Science.gov (United States)

Pliske, G; Heide, S; Lucas, B; Brandstädter, K; Walcher, F; Kropf, S; Lessig, R; Piatek, S

2018-05-01

In acute medical care, there are patients who have been injured by the influence of others. The aim of this study was to analyze all cases which were presented to the Institute for Legal Medicine of the University Halle (Saale). The cases where analyzed in relation to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt. The consultations of the Institute for Legal Medicine Halle-Wittenberg for 2012-2015 were evaluated with regard to the age and gender distribution, the reasons for the consultation and time until the request for consultations. These cases were statistically compared to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt 2014-2015. A total of 536 cases (55.6% male and 44.4% female patients) were evaluated. In all, 62.1% of patients were under 18 years of age; 43.5% of all consultations were requested by pediatric (surgery) clinics. The most common reasons for consultation were sexual child abuse or violence against children (50.7%). Compared to the victims' statistics, significantly more children were examined by legal medicine specialists than could have been expected (p legal medicine specialists in relation to the victims' statistics. Most of them were children and women. The temporal latency between the act of violence and the consultations was one day and more. The latency and the renunciation of the consultation of the legal medicine specialists can lead to loss of evidence.

The role of victims at the International Criminal Court : legal challenges from the tension between restorative and retributive justice

NARCIS (Netherlands)

Zago, G.

2014-01-01

The work of the International Criminal Court is characterized by a diversity of legal goals: indeed, its purpose is not limited to the fulfillment of a classic retributive scope, by punishing the accused for the commission of crimes within the Court's jurisdiction, but it also intends to achieve a

Juridical Perspective Of Credit Card Misuse Under Criminal Law A Comparative Study

Directory of Open Access Journals (Sweden)

Eka Nugraha

2015-08-01

Full Text Available The development of the national economy shows the direction that increasingly integrated with the regional and international economy that can support both a negative and positive impacts. Meanwhile the development of national economy continues to move quickly to the increasingly complex challenges therefore necessary adjustments in economic policies including the banking sector which is expected to be able to improve and strengthen the national economy. Bank as a means that ease people with all benefit is also not released from the weakness. The type of this research is normative for making criminal legislation as an object of study while the approach used tends juridical as a point of reference the theories of law and the rules of law in view of the problem. The outcomes of the research indicate that the efforts should be made to address the misuse of credit cards in the enforcement of the Indonesians criminal law is to formulate the rules of criminal law with a comprehensive pattern of expansion of legal subjects the offender is to enter the legal entity recht persoon as the parties may be subject to liability and formulate formulation of criminal in order to reach the entire modus operandi is being or may develop in the future. Besides the expansion of sanctions should be accompanied by sanction renewal that oriented to the cumulative punishment is retaliation deterrence and development.

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.

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.

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.

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.

Prison Field Trips: Can White-Collar Criminals Positively Affect the Ethical and Legal Behavior of Marketing and MBA Students?

Science.gov (United States)

Castleberry, Stephen B.

2007-01-01

Marketing educators bear some responsibility for teaching ethics and legal issues to their students. Visits to white-collar criminals in a federal prison camp are one method of achieving this task. This article develops and empirically assesses ten objectives for such a visit by MBA and undergraduate marketing classes. Undergraduates rated the…

Areas and consequences of organized crime influence on the legal market

Directory of Open Access Journals (Sweden)

Bošković Goran N.

2016-01-01

Full Text Available Criminal structure spread sphere of influence in all fields of social life and become a threat to national and international security. Namely, criminal profits generated by organized crime in the criminal market and its infiltration into the legal economic flows represent a potential danger for corrupting in legal economic relations and undermine the integrity of financial institutions. In this way, in the end the basic fundamentals of the financial system may be disrupted, and in dangerous are the functioning of state institutions, economic prosperity and national security. Modern criminal organizations are profit-oriented and market-based and operating methods that use are combination of criminal and methods of modern business organizations, which makes them particularly dangerous to society. The great economic power of organized crime used to acquire political power, and it is in turn used to pursue criminal objectives. Thus, the threat of organized crime is not limited to the effects of individual criminal actions, but much more on the ability to influence the decision making processes in the sphere of politics and economics. The great interest of organized crime to influence on state and its functions stems from the fact that with the help of the state authority can provide the easiest way for providing criminal profit and immunity from prosecution. The authors in paper point to areas and dominant negative consequences of the infiltration of organized crime into legitimate economic relations, as well as the implications of these processes in order to gain a better understanding of their importance for defining the model on fighting of organized crime. .

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.

Project IVOR - Implementing victim-oriented reform of the criminal justice system in the European Union

NARCIS (Netherlands)

Biffi, Emanuela; Mulder, Eva; Pemberton, Antony; Santos, Manuela; Valério, Mafalda; Vanfraechem, Inge; van der Vorm, Benny

2016-01-01

Project IVOR – Implementing victim-oriented reform of the criminal justice system in the European Union (2014-2016) offers an overview of current research into and with victims’ rights and services, identifying lacunas in the knowledge base and offering a model which can serve to connect experience

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.

Scrutinizing Immutability: Research on Sexual Orientation and U.S. Legal Advocacy for Sexual Minorities.

Science.gov (United States)

Diamond, Lisa M; Rosky, Clifford J

2016-01-01

We review scientific research and legal authorities to argue that the immutability of sexual orientation should no longer be invoked as a foundation for the rights of individuals with same-sex attractions and relationships (i.e., sexual minorities). On the basis of scientific research as well as U.S. legal rulings regarding lesbian, gay, and bisexual (LGB) rights, we make three claims: First, arguments based on the immutability of sexual orientation are unscientific, given what we now know from longitudinal, population-based studies of naturally occurring changes in the same-sex attractions of some individuals over time. Second, arguments based on the immutability of sexual orientation are unnecessary, in light of U.S. legal decisions in which courts have used grounds other than immutability to protect the rights of sexual minorities. Third, arguments about the immutability of sexual orientation are unjust, because they imply that same-sex attractions are inferior to other-sex attractions, and because they privilege sexual minorities who experience their sexuality as fixed over those who experience their sexuality as fluid. We conclude that the legal rights of individuals with same-sex attractions and relationships should not be framed as if they depend on a certain pattern of scientific findings regarding sexual orientation.

International criminal justice and the erosion of sovereignty

Directory of Open Access Journals (Sweden)

Miguel de Serpa Soares

2013-11-01

Full Text Available The author states that any form of international justice always represents a means of limiting national sovereignty. In the case of International Criminal Law, this limiting is even more evident by compromising elements essential to the classical paradigm of International Law, as for example the punishing monopoly of States or the concept of a quasi-absolute State sovereignty. International criminal tools, crimes, sentences, jurisdictions, are all able to be, at least partially, a legal alternative to the issues of peace-keeping and national security, exclusively political and diplomatic. This alternative inevitable leads to tensions with a power structure that has not been altered since 1945. However, for this legal criminal alternative to be put in place, a long period of maturation will be required based on irrefutable technical and legal credibility.

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.

International criminal justice: a pillar for the international rule of law

Directory of Open Access Journals (Sweden)

Gonzalo Aguilar Cavallo

2012-12-01

Full Text Available The international criminal justice has experienced a rapid change over the past years. This circumstance has underscored the need for interaction and complementation between international and domestic law. Some authors consider that the international criminal justice, and the activities of its tribunals, jeopardize the legality of international law. Our vision is that international criminal justice is a central pillar of the rule of law, at the national and the international levels. Far from undermining the legality of international law, international criminal justice paves the way towards a true international public order.

Criminal Sanction for Users of Pornographic Content on Internet Sites: A Pornographic Law Perspecive

Directory of Open Access Journals (Sweden)

Ferry Irawan Febriansyah

2018-05-01

Full Text Available Inside the internet, information becomes something very important and really life. Mobility is so fast and can be downloaded, produced, and then uploaded again. The internet network is one of the most popular information sources today. Many internet users access pornographic websites because these pornographic websites supported by the development of rapid internet. The purpose of this study is to review Pornographic Law related to cyberporn.  This criminal act is called Cyberporn. Given the enormous impact that is caused by the act of pornography, especially on the internet site, the government legalized the bill against pornography into pornography law with clear criminal provisions. This research method using normative law research method, with a normative juridical approach related to pornography. In relation to this type of research is a normative legal research, then the source of legal material used is the legislation. In accordance with this type of research, the analysis used is a normative juridical analysis that relies on the ability of legal argumentation, legal interpretation, and legal reasoning related to criminal provisions in pornography law. From the results of research have found that criminal provisions in the law number 44 of 2008 on pornography is quite clear that everyone who access on porn sites on the internet threatened with criminal sanctions. Juridically, criminal provisions in pornography law provide legal certainty is quite clear.

Liability of Legal Person in Indonesia: A Statutory and Practical Review

Directory of Open Access Journals (Sweden)

Yetty Komalasari Dewi

2013-01-01

Full Text Available Liability of legal persons for criminal offences has been slowly, but making its way to the legislations of Indonesia. Trends of development indicate that the liability of legal persons for criminal offences has been regulated in few regulations and will be regulated in the bill of Indonesia Penal Code that is now being drafted. Grounds of liability of legal persons indicate that it is a question of a special from of criminal responsibility, adapted to legal persons.

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.

International Criminal Justice and the Politics of Compliance

NARCIS (Netherlands)

Lamont, Christopher

2010-01-01

International Criminal Justice and the Politics of Compliance provides a comprehensive study of compliance with legal obligations derived from the International Criminal Tribunal for the former Yugoslavia's (ICTY) Statute and integrates theoretical debates on compliance into international justice

The Fundamental Concept of Crime in International Criminal Law: A Comparative Law Analysis

DEFF Research Database (Denmark)

Marchuk, Iryna

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective in light of the catalyzing impact of the criminal law theory developed in major world legal systems on the crystallization of the substantive part...... of international criminal law. This study offers a critical overview of international and domestic jurisprudence in regards to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive...... comparative analysis of substantive criminal laws in selected legal jurisdictions....

Some considerations on disciplinary liability overlapping criminal liability

Directory of Open Access Journals (Sweden)

Ştefania DUMITRACHE

2011-12-01

Full Text Available Among the various forms of legal liability there are many points of contact reflected in their common goal - the encouragement of active members of society. Starting from the statement - the independent nature of the various forms of legal liability does not mean they are excluded - in what follows, given the legal autonomy of spheres of social relations protected by various laws, we will consider disciplinary overlapping with other forms of legal liability - criminal liability. Of course, this is possible only if the act committed by the employee is both disciplinary and criminal. This form of accumulation are possible without violating the principle of non bis in idem that since each of the envisaged legal rules protect different social relations. In addition of this applying the same principle prohibits two or more same kind sanctions for an unlawful action

Legal protection of elderly persons and risk of their victimization by criminal acts with elements of domestic violence

Directory of Open Access Journals (Sweden)

Mirić Filip

2012-01-01

Full Text Available The aging process is inevitable. It follows the individual from birth until death. Due to the inability of people to influence it, there is a greater obligation of society to provide the people in the „third age“ a dignified life, without any form of victimization. The author defines which people are considered old according to positive legal acts of the Republic of Serbia. The subject of this paper are the factors that increase the risk of victimization of the elderly within the family, taking into account the physical, psychological, sexual and economic violence against the elderly, as well as mechanisms for their legal protection from domestic violence, as one of the most effective tools of the state and society in general for protection of this particularly vulnerable social group. Relevant provisions of the Criminal Code and the Code of Criminal Procedure of the Republic of Serbia with a critical analysis of the incrimination of offenses with elements of domestic violence where the victim is usually an old person will be analyzed. From the subject defined in this manner, stems the paper‘ s mainly descriptive goal of describing the phenomenon through the analysis of the major forms of violence to which the elderly within the family are exposed (physical, psychological, economic and sexual violence. The purpose of the paper is also to analyze the factors that increase the risk of victimization of the elderly and the mechanisms for their legal protection from domestic violence, point out the harm of this type of violence and thus contribute to combating this negative social phenomenon.

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...

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 ...

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.

Legality Principle of Crimes and Punishments in Iranian Legal System

Science.gov (United States)

Habibzadeh, Mohammad Ja'far

2006-01-01

The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual…

Lawyer of defendant and his role in the criminal process from the viewpoint of the European Convention on Human Rights and the Albanian criminal procedural legislation

Directory of Open Access Journals (Sweden)

Klodjan Skenderaj

2014-01-01

Full Text Available A guarantee for real ensuring of defendant’s rights is the qualified legal assistance by the side of the lawyer, chosen or assigned by the proceeding body. Providing legal protection to defendants was an important achievement in the long and difficult efforts to democratize the criminal proceedings. It was initially achieved in developed countries which promulgated the fundamental rights and freedoms and on this basis the major laws of activity of justice’s bodies were enforced. The role of lawyer in the criminal proceeding gradually increased and became an important factor in the fight against violations of law and injustice. The lawyer became a respected procedural figure, standing in front of prosecution, as the opposing party able to develop a cross-examination and to influence in a fair solution of case. However in practice, it is not rare the violation of rights of defendants by proceeding organs. So, it is right to make this question: What will be done with their rights and how will they be protected? In practice there were different opinions in terms of guaranteeing the rights of these defendants and how far the rights of lawyers of the defendants are extended. This is the reason why this paper will bring in attention the position, procedural guarantees of lawyers, the actions that can take and the exercise of their main rights in defending the interest of defendant, taking into account the main phases of criminal proceedings. Special attention will be devoted to case law of European Court of Human Rights (ECHR in terms of guaranteeing the rights of defendants, the orientations of the Albanian Constitutional Court and that of Supreme Court. At the end, this paper will reach in some conclusions through which proposals and amendments will be made to the code of criminal procedure, starting from the principle that the rights and procedural guarantees of defendants should be guaranteed at the maximum, because it’s the only way to

CRIMINAL-POLITICAL FUTUROLOGY IN THE FIELD OF FIGHTING CRIME (CONCEPTUAL AND SUBJECT AREA

Directory of Open Access Journals (Sweden)

Valery Novichkov

2015-12-01

Full Text Available The article considers the subject area of the new direction of pre-vision — criminal-political futurology (forecasting in the field of combating crime, absorbing in itself the main types of legal prediction: criminological, criminal, criminal Executive, criminal procedural, operational search and other.

Psychological and sociological research and the decriminalization or legalization of prostitution.

Science.gov (United States)

Rio, L M

1991-04-01

In maintaining criminal prohibitions on prostitution and prostitution-related activity, the United States has ignored the two alternative approaches successfully invoked in many other countries: legalization and decriminalization of prostitution. This article questions the justifications usually advanced in favor of criminal sanctions and against the two alternatives. Studies of prostitutes and their clients, as well as larger societal studies, undercut the arguments against decriminalization and legalization, and reveal that none of the traditional goals of imposing criminal sanctions (punishment, deterrence, and rehabilitation) are furthered by the current prohibition of prostitution. These studies also reveal the advantages offered by a system of decriminalized or legalized prostitution. Further policy arguments for the removal of such sanctions are discussed and legal arguments are offered to attempt to limit the reach of current criminal prostitution laws while the present system remains in effect.

What is legal medicine--are legal and forensic medicine the same?

Science.gov (United States)

Beran, Roy G

2010-04-01

Some consider the terms "forensic" and "legal" medicine to be synonymous but this is counter to the title of the Faculty of Forensic and Legal Medicine or the dual strands for progression to fellowship of the Australian College of Legal Medicine. The paper examines a very brief historical background to legal medicine and develops a definition of the strands thereof, namely legal and forensic medicine. It demonstrates that the two are different components of the application of medical knowledge upon the legal system. Legal medicine has greater relevance to civil and tort law, impacting upon patient care, whereas forensic medicine relates to criminal law and damage to, or by, patients.

Therapeutic Jurisprudence in Health Research: Enlisting Legal Theory as a Methodological Guide in an Interdisciplinary Case Study of Mental Health and Criminal Law.

Science.gov (United States)

Ferrazzi, Priscilla; Krupa, Terry

2015-09-01

Studies that seek to understand and improve health care systems benefit from qualitative methods that employ theory to add depth, complexity, and context to analysis. Theories used in health research typically emerge from social science, but these can be inadequate for studying complex health systems. Mental health rehabilitation programs for criminal courts are complicated by their integration within the criminal justice system and by their dual health-and-justice objectives. In a qualitative multiple case study exploring the potential for these mental health court programs in Arctic communities, we assess whether a legal theory, known as therapeutic jurisprudence, functions as a useful methodological theory. Therapeutic jurisprudence, recruited across discipline boundaries, succeeds in guiding our qualitative inquiry at the complex intersection of mental health care and criminal law by providing a framework foundation for directing the study's research questions and the related propositions that focus our analysis. © The Author(s) 2014.

STUDY REGARDING THE LEGAL OR JUDICIAL REHABILITATION OF PERSONS ENGAGED IN ECONOMIC ACTIVITIES

Directory of Open Access Journals (Sweden)

Amelia MIHAELA DIACONESCU

2018-03-01

Full Text Available The consequences derived from any sentence pronounced for a crime committed by a major person, pertains to the constitutional law, administrative law, civil law, family law labor law or commercial law and consist in legal effects of criminal or extra-criminal nature, perpetual or long term ones which result from the fact of the criminal conviction itself and put the convict in a disadvantageous situation. Having a legal tool character by which the legal consequences resulting from a conviction cease or, in a larger sense, a legal tool character by which the ex-convicts are legally reintegrated in the society, its effects consist in the same.

Deficiencies of regulation of euthanasia in legal acts of foreign countries

Directory of Open Access Journals (Sweden)

Polaks R.

2014-01-01

Full Text Available Today in most countries the practising of euthanasia is not permissible and as in any case of a criminal offence, which endangers the life of a person, criminal liability applies here. However, the analysis of legal norms in foreign criminal codes reveals several deficiencies, ranging from – the absence of legal regulation which leads to a paradoxical situation, when ignoring the motive and aim of the offence, euthanasia is qualified according to the article of the criminal code which provides for liability for murder with no mitigating circumstances, but assisted suicide liability does not apply at all, – to including special legal norms pertaining to this problematic issue, in the structure of criminal codes, in the disposition of which there is an absence of several mandatory constituent elements of these particular criminal offences, thus unduly extending the provision of these norms in practice also in the cases not related to “easy death”. The deficiencies of legal acts are observed also in those few countries which allow a definite form of euthanasia and its practising by means of special laws. And most importantly, foreign legislators ignore such forms of terminating the lives of incurably ill persons as active and passive non-voluntary euthanasia, which depending on the nature of the offence requires an appropriate legal framework, which so far has not been observed.

THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

Directory of Open Access Journals (Sweden)

Oleksii Drozd

2017-12-01

Full Text Available The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin. Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different modes of cryptocurrency turnover are determined: from direct prohibition to granting the status of the official payment system. It is made on the basis of the analysis of peculiarities of the circulation of virtual money in Australia, Germany, the Netherlands, New Zealand, Singapore, Indonesia, China, the Russian Federation, Bolivia, Ecuador, Thailand, Vietnam, the USA, Japan, Spain, and some other countries. On the basis of the comparative legal study of certain provisions of the civil, administrative, tort, and criminal legislation of Ukraine, the possibilities and limits of the application of certain types of legal responsibility to violations in the field of cryptocurrency are determined. The results of the comparative legal study have shown that, unlike most foreign countries, in Ukraine, there is no legislative consolidation of the legal status of the virtual currency. In this regard, today in the national legislation, there are no direct rules that would predict the occurrence of administrative, criminal or civil liability for the offenses in the field of cryptocurrency relations. Practical impact. Since guarantees of compulsory restoration or protection of violated law play an important role in the legal regulation of any social relations, the proper legislative regulation of public relations in the sphere of crypto currency circulation is an urgent problem today, including with the help of establishing liability for the offenses in this field

The interaction of criminal procedure and outcome.

Science.gov (United States)

Laxminarayan, Malini; Pemberton, Antony

2014-01-01

Procedural quality is an important aspect of crime victims' experiences in criminal proceedings and consists of different dimensions. Two of these dimensions are procedural justice (voice) and interpersonal justice (respectful treatment). Social psychological research has suggested that both voice and respectful treatment are moderated by the impact of outcomes of justice procedures on individuals' reactions. To add to this research, we extend this assertion to the criminal justice context, examining the interaction between the assessment of procedural quality and outcome favorability with victim's trust in the legal system and self-esteem. Hierarchical regression analyses reveal that voice, respectful treatment and outcome favorability are predictive of trust in the legal system and self-esteem. Further investigation reveals that being treated with respect is only related to trust in the legal system when outcome favorability is high. Copyright © 2014 Elsevier Ltd. All rights reserved.

Is there any alternative to the confiscation of criminal assets, which is implemented in a criminal proceeding?

Directory of Open Access Journals (Sweden)

Lajić Oliver

2013-01-01

Full Text Available In addition to confiscation of proceeds of crime in the criminal or its associate procedure, as exists in national law, the author suggests the existence of other models in the seizure of property whose legal origin is suspected, represented in foreign legal systems. Recognizing this fact, the central part of his work is about the civil law confiscation or seizure of proceeds of crime in the administrative proceedings and taxing criminal profit, as alternative or corrective forms of action present in comparative legal systems. Briefly has been given an overview of basic principles on which they are based, and pointed out the problems faced by entities engaged in the field of their practical application. After a brief presentation and analysis of these systems the author raises a rhetorical question: whether the use of civil law or administrative proceedings legitimate tool in the fight against crime or a shortcut that states use to mitigate the lack of efficiency of the instruments used in crime fighting? In doing so, he reminds that confiscation and forfeiture and the criminal or its associated procedure is exactly the kind of civil law Institute (prohibiting unjust used in the realization of the goals of the criminal law. Essentially, it is a desirable tool, which can help to achieve (partial restorative justice. However, putting discussed aspects of confiscation in the view of the domestic law, the author concludes that the decision which has been opted by domestic legislator is currently the best way for the practical implementation of the principle of prohibition of unlawful enrichment.

Procedural and legal status of the injured party according to the new criminal procedure code of the Republic of Serbia

Directory of Open Access Journals (Sweden)

Grubač Momčilo

2012-01-01

Full Text Available In this article the author is critically analyzing certain solutions of the new Criminal Procedure Code of the Republic of Serbia from 2011 which consider the injured party and their rights in the criminal proceeding. He states that unlike the previous ones, this Code does not improve the status of the injured party but makes it even worse. The author particularly claims that the legislator yet again failed to establish the right of the injured party to be efficiently compensated in the event of a serious offense from a special fund and immediately after the crime has been committed, but prior to the end of the criminal proceeding. In the provision of the Code which states that the injured party may take over the prosecution and become a prosecutor replacing the Public Prosecutor (subsidiary prosecutor only if the Public Prosecutor withdraws after having confirmed the indictment, however not in the cases of rejection of criminal charges or withdrawal from the prosecution in the previous proceeding, the author sees not only the limitation of the rights of the injured party, but also jeopardy of the public interest. This is due to the fact that, freed from a threat of the subsidiary accusation by the injured party, the Public Prosecutor has gained an absolute and uncontrolled monopoly over the initiation of criminal proceeding. According to the author, the subject of the proceedings will not have any substantial use from some rights which the new Code assigns to the injured party (for example the right to appeal against the judgment on the adjudicated property claim. In conclusion, the author stresses out that in spite of his objections against certain provisions in the Code, the legal status of the injured party is more favorable in the criminal law of Serbia then in many other countries.

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 ...

Denmark: criminal law as an anchorage point for pro-active anti-terrorism legislation

DEFF Research Database (Denmark)

Vestergaard, Jørn

2012-01-01

The article focuses on the compatibility of criminal law anti-terrorism legislation in Danish law with basic principles regarding the rule of law and due process. The so-called anti-terror-packages of 2002 and 2006 involve a set of rather uncertain and wide-reaching provisions fundamentally...... challenging the principle of legality and substantially widening of the scope of criminal law. These provisions criminalize various activities more or less remote from actual or attempted terrorist acts and participation in such activities, too. The legislature has even over-implemented vari-ous legal...

WITHDRAWAL OF PREVIOUS COMPLAINT. A COMPARISON OF THE OLD AND THE NEW CRIMINAL CODE. PROBLEMS OF COMPARATIVE LAW

Directory of Open Access Journals (Sweden)

Alin Sorin NICOLESCU

2015-07-01

Full Text Available In criminal law previous complaint has a double legal valence, material and procedural in nature, constituting a condition for criminal liability, but also a functional condition in cases expressly and limitatively provided by law, a consequence of criminal sanction condition. For certain offenses criminal law determines the initiation of the criminal complaint by the introduction of previous complaint by the injured party, without its absence being a question of removing criminal liability. From the perspective of criminal material law conditioning of the existence of previous complaint ,its lack and withdrawal, are regulated by art. 157 and 158 of the New Penal Code, with significant changes in relation to the old regulation of the institution . In terms of procedural aspect , previous complaint is regulated in art. 295-298 of the New Code of Criminal Procedure. Regarding the withdrawal of the previuos complaint, in the case of offenses for which the initiation of criminal proceedings is subject to the existence of such a complaint, we note that in the current Criminal Code this legal institution is regulated separately, representing both a cause for removal of criminal liability and a cause that preclude criminal action. This unilateral act of the will of the injured party - the withdrawal of the previous complaint, may be exercised only under certain conditions, namely: it can only be promoted in the case of the offenses for which the initiation of criminal proceedings is subject to the introduction of a previous complaint; it is made exclusively by the rightholder, by legal representatives or with the consent of the persons required by law for persons lacking legal capacity or having limited legal capacity;it must intervene until giving final judgment and it must represent an express and explicit manifestation. A novelty isrepresented by the possibility of withdrawing previous complaint if the prosecution was driven ex officio, although for

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.

Admissibility of hearsay evidence in criminal trials: an appraisal of ...

African Journals Online (AJOL)

Admissibility of hearsay evidence in criminal trials: an appraisal of the Ethiopian legal framework. ... Haramaya Law Review ... Despite Ethiopia following a common law approach regarding evidentiary principles, rules and procedural safeguards in criminal trials, the country does not have a codified and compiled evidence ...

Areas and consequences of organized crime influence on the legal market

OpenAIRE

Bošković, Goran N.; Vuković, Slaviša Lj.

2016-01-01

Criminal structure spread sphere of influence in all fields of social life and become a threat to national and international security. Namely, criminal profits generated by organized crime in the criminal market and its infiltration into the legal economic flows represent a potential danger for corrupting in legal economic relations and undermine the integrity of financial institutions. In this way, in the end the basic fundamentals of the financial system may be disrupted, and in dangerous a...

EUTHANASIA STIPULATED BY ROMANIAN CRIMINAL LAW, MITIGATING CIRCUMSTANCES VS. OFFENCE

Directory of Open Access Journals (Sweden)

MONICA POCORA

2012-05-01

Full Text Available This paper aims to be a scientific approach to the issue of euthanasia, bringing into the debate current and future controversies raised by euthanasia, as a result of the introduction into the Romanian penal law of the criminal offence of homicide by request of the victim. The study represents an approach to moral, religious, constitutional, civil, criminal procedure debates and last but not least to criminal debates regarding the legalization of the euthanasia, as the most difficult task lies with the criminal law.

KARAKTERISTIK PERTANGGUNGJAWABAN PIDANA KORPORASI (The Characteristics of Corporate Criminal Responsibility

Directory of Open Access Journals (Sweden)

Adriano Adriano

2016-03-01

Full Text Available Disertasi ini membahas lebih dalam mengenai karakteristik korporasi yang berbadan hukum maupun yang tidak berbadan hukum, keduanya didiskusikan pada kerangka yang sama dari pertanggungjawaban pidana korporasi. Meskipun demikian, seringkali pada beberapa hukum atau peraturan selain KUHP, baik pada hukum pidana maupun hukum administratif dengan sanksi pidana, perusahaan digambarkan sebagai sekumpulan orang/kekayaan yang terorganisir baik yang berbadan hukum maupun yang tidak. Pengertian ini sangat jauh berbeda dari apa yang dinyatakan oleh para ahli hukum terutama pada hukum pidana yang biasanya menyatakan perusahaan sebagai badan hukum. Meskipun demikian, hal ini tidaklah sama bagi perusahaan yang tidak berbadan hukum. Perbedaan tersebut akan menyebabkan konsekuensi hukum tersendiri karena perusahaan tidak bisa dan tidak akan pernah diperlakukan sama terkait pertanggungjawaban pidana korporasi.   This dissertation analyzed for real about characteristics of an entity, either a legal or the nonlegal "entity'' which all were discussed in the same outline of corporate crime responsibility. It was often, though, in several laws aside from the Penal Code of Indonesia (KUHP, both in Criminal Law and Administrative Law with criminal sanction, that corporate is defined as a collection of organized people and or wealth, either as a legal or the nonlegal entity. The definitions in those laws are really different from those of law experts, especially those of criminal law who basically identify corporate as a legal entity, however the same is not true for those of the nonlegal entity. Such differences of the legal and nonlegal entities would bring their own legal consequences, therefore they could not and would not be treated the same referring to corporate criminal responsibility.

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.

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.

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...

Legal Culture as the Determinant of Value Orientations in Youth in the Society of the Transition Period (Philosophical Analysis)

Science.gov (United States)

Kulzhanova, Zhuldizay T.; Kulzhanova, Gulbaram T.

2016-01-01

This research is devoted to the philosophical analysis of legal culture as a determinant of value orientations in the transition period society. The purpose of the study is to discover the essence and specificity of legal culture as a determinant of value orientations in a transition society from the philosophical perspective. In accordance with…

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...

Legal Network report calls for decriminalization of prostitution in Canada.

Science.gov (United States)

Betteridge, Glenn

2005-12-01

In December 2005 the Canadian HIV/AIDS Legal Network released Sex, work, rights: reforming Canadian criminal laws on prostitution. The report examines the ways in which the prostitution-related provisions of the Criminal Code, and their enforcement, have criminalized many aspects of sex workers' lives and have promoted their social marginalization. Evidence indicates that the criminal law has contributed to health and safety risks, including the risk of HIV infection, faced by sex workers. The Legal Network calls for the decriminalization of prostitution in Canada, and for other legal and policy reforms that respect the human rights and promote the health of sex workers. Despite the report's Canadian focus, its human rights analysis is relevant to the situation of sex workers in other countries where prostitution is illegal and sex workers face rights abuses. In this article, Glenn Betteridge, the principal author of the report, briefly sets out the case for law reform.

IMPLEMENTATION BALANCING IDEA IN THE DEVELOPMENT OF CRIMINAL LAW IN INDONESIA

OpenAIRE

Santoso Santoso

2015-01-01

Development of national criminal law has long been a study and discussion for academics, practitioners and law enforcement in Indonesia. Development or renewal of criminal law would become ideals of the nation to realize laws for all society, because the Criminal Code at this time is considered not answer legal issues in Indonesia, in particular recent developments tends to evoke dissatisfaction of society in law enforcement. Renewal and development of criminal law can not be done on an ad-ho...

[Some legal issues on sexual delinquency].

Science.gov (United States)

Romi, Juan C

2009-01-01

In this article we describe the criminal sexual conducts and their incidence in crime, as well as the psychogenesis of the criminal sexual behaviour, the profile of the sexual delinquent and the most common sexual disturbances found. It shall be mentioned the paraphilic crime, the serial sexual delinquent and their legal consequences.

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....

Homicide by fright: the intersection of cardiology and criminal law.

Science.gov (United States)

Flannery, Frank T; Oetgen, Catherine C; Oetgen, William J

2010-01-01

The prevailing lay wisdom associates emotional stress with sudden death, and recent medical reports have linked massive catecholamine surges with demonstrable cardiac dysfunction that can be either reversible or fatal. This association does not strictly prove causality, and the question remains open for additional scientific investigation. From the legal viewpoint, however, the issue has been resolved, and case law clearly holds that sudden emotional stress can cause death. More significantly, case law also holds that if the sudden emotional stress is caused by criminal conduct, the resulting death of a victim of the criminal conduct can be prosecuted as homicide. Cardiologists are often called to testify in such circumstances. In the present study, we have reviewed 8 legal cases that are the basis of current opinions in these matters. These legal principles can be summarized as follows: emotional stress is sufficient, and physical abuse is not required for conviction; a time-lapse between the induction of emotional stress and death does not necessarily mitigate the charge of homicide; the criminal act must be the proximate cause of the victim's death; however, the accused does not always need to be physically present to commit the crime. In conclusion, although the pathophysiology of sudden death associated with massive emotional stress has not been fully elucidated from a scientific viewpoint, in the legal system, the association can be causative and can be the basis for a criminal prosecution. Cardiologists may be called on to provide expert opinions in the prosecution of these cases.

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.

Infidelity and the Possibility of a Liberal Legal Moralism

DEFF Research Database (Denmark)

Thaysen, Jens Damgaard

2017-01-01

This paper argues that according to the influential version of legal moralism presented by Moore infidelity should all-things-considered be criminalized. This is interesting because criminalizing infidelity is bound to be highly controversial and because Moore’s legal moralism is a prime example...... of a self-consciously liberal legal moralism, which aims to yield legislative implications that are quite similar to liberalism, while maintaining that morality as such should be legally enforced. Moore tries to make his theory yield such implications, first by claiming that the scope of our moral...... obligations is much more limited than legal moralists have traditionally claimed, and second by allowing for the possibility that the goodness of legally enforcing morality is often outweighed by the badness of limiting citizens’ morally valuable autonomy and spending scarce resources on enforcement. If Moore...

Administrative Subpoenas in Criminal Investigations: A Brief Legal Analysis

National Research Council Canada - National Science Library

Doyle, Charles

2006-01-01

.... Several statutes at least arguably authorize the use of administrative subpoenas primarily or exclusively for use in a criminal investigation in cases involving health care fraud, child abuse, Secret...

Terrorism as a Social and Legal Phenomenon

Science.gov (United States)

Serebrennikova, Anna; Mashkova, Yekaterina

2017-01-01

This article examines the concept of terrorism as a social and legal phenomenon, its international legal and criminal-legal characteristics. Highlighted are the main aspects of cooperation of the states and the international community to counter terrorist activities. Terrorism as a social phenomenon is determined by paragraph 1 of article 3 of the…

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

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.

The right to appeal on criminal procedure under international acts and jurisprudence

Directory of Open Access Journals (Sweden)

MSc. Vilard Bytyqi

2016-01-01

Full Text Available The right to appeal, respectively the right on complaint as per our legal vocabulary, constitutes the basic trunk of the second phase of court decisions in a certain procedure, in particular the criminal proceedings. The aim of this paper is to emphasize the main notions of appeal, but also in other aspects through the comparative description it aims to bring more clarity in differences and similarities that exist in between the appeal which is used in our criminal proceedings and the appeal which is used in the criminal proceedings that take place in the supranational courts. It is known that in courts which consist of international elements, the appeal is positioned in a more advanced level, due to the fact that there are grounds of suspicion used over every element that could be used in any national criminal proceedings. Overall, in any place of the world, the appeal has the goal to remedy court decisions brought by the court of first instance, while, in the procedural aspect it has more or less differences depending on the regulations of criminal procedures of that state.  Such difference due to the diversity of the legal systems today are also accepted as the universal legal value, since establishment of international tribunals provides the best practice in this field.

SOCIO-ECONOMIC AND LEGAL ASPECTS OF ENVIRONMENTAL CRIME IN UKRAINE

Directory of Open Access Journals (Sweden)

Tamara Hubanova

2017-12-01

Full Text Available The increased danger of environmental crime is primarily determined by an increase in anthropogenic pressure on the natural environment, which, in the conditions of the global environmental crisis, threatens to cause significant, often non-renewable, damage to the vital interests of man, society, and the state. Ukraine belongs to the countries with the worst ecological situation. Pollution of the environment reached unprecedented levels in recent years. The purpose of the study is to reveal the essence and causes of environmental crime in Ukraine, socioeconomic aspects of the identified phenomenon, analyse the impact of negative consequences of environmental crime on the Ukrainian economy, as well as study legal aspects of criminal liability for environmental crimes and international legal standards on the raised issues. The subject of the study is the socio-economic and legal aspects of environmental crime in Ukraine. Methodology. In order to achieve the goal, the authors of the study carried out an analysis of the definition of the system of environmental crimes in the scientific literature, various statistical data on the state of the ecological situation and crime in Ukraine, as well as laws and regulations defining the national environmental policy of Ukraine. As a result of the study, the essence and causes of environmental crime in Ukraine are highlighted, socio-economic aspects of the phenomenon, the impact of negative consequences of environmental crime on the Ukrainian economy, and legal aspects of criminal liability for environmental crimes and international legal standards on the raised issues are revealed. Value/originality. The raised issues repeatedly attracted the attention of many researchers; in the scientific literature, various aspects of environmental crime were given attention in the works of famous scholars in the field of criminal and environmental law, experts in the field of economics of natural resources. However, the

Emergent authority and expert knowledge: psychiatry and criminal responsibility in the UK.

Science.gov (United States)

Loughnan, Arlie; Ward, Tony

2014-01-01

In the UK context, the rise of the discipline and practice of forensic psychiatry is intimately connected with the concurrent development of principles and practices relating to criminal responsibility. In this article, we seek to chart the relationship between psychiatry and the principles and practices of criminal responsibility in the UK over the early modern, modern and late modern periods. With a focus on claims about authority and expert knowledge around criminal responsibility, we suggest that these claims have been in a state of perpetual negotiation and that, as a result, claims to authority over and knowledge about criminal non-responsibility on the part of psychiatrists and psychiatry are most accurately understood as emergent and contingent. The apparent formalism of legal discourse has tended to conceal the extent to which legal policy has been preoccupied with maintaining the primacy of lay judgments in criminal processes of evaluation and adjudication. While this policy has been somewhat successful in the context of the trial - particularly the murder trial - it has been undermined by administrative procedures surrounding the trial, including those that substitute treatment for punishment without, or in spite of, a formal determination of criminal responsibility. © 2013.

ASPECTS OF GUILTY PLEA AND PROCEDURE OF GUILT ADMITTANCE, NEW JUDICIAL INSITUTIONS FOR A CRIMINAL TRIAL OF HIGHER QUALITY

Directory of Open Access Journals (Sweden)

Rodica Aida POPA

2017-05-01

Full Text Available During the broad reform process that has taken place in recent years for the criminal proceeding activity, following the entry into force of the new Criminal Procedure Act on February 1st 2014, there have been changes of some legal institutions from the old Criminal Code, such as the procedure of admitting the deeds the defendant is held responsible for (art 320 from former Code of Criminal procedure by its provisions in the content of art 374, alignment 4, as it has been modified by Government Emergency Ordinance and introducing new ones, such as the guilty plea (art 478-488 under the circumstances of modifying GEO nr 18/2016 a special procedure meant to insure the judging of causes with celerity. Both procedures have a common component given by the guilt plea from the defendant, having an additional condition in the case of the guilty plea, besides the aforementioned one, which is the one of accepting the legal classification of the offence for which the criminal proceedings were commenced. The two legal institutions ensure the compliance with the procedural guarantees of the right to a legal counsel of the defendant, sanctioning this one, taking place with a reduction of the sentence, under conditions stipulated by law. Furthermore, by admitting the guilt and the legal classification of the offence by the defendant found guilty, in the two procedures also takes place a confirmation of the legality and compliance of the evidence submitted in the course of criminal proceedings.

On the issue of criminal-legal protection of life of a newborn baby

Directory of Open Access Journals (Sweden)

Nina Yuryevna Skripchenko

2015-09-01

Full Text Available Objective basing on the study of criminal legislation and practice of its application in criminal cases of murder by mother of the newborn child to assess the validity of fixing in Article 106 of the Criminal code of the Russian Federation signs that allow to include the specified offence of a privileged group as well as the possibility of the release of guilty in connection with reconciliation with the victim. Methods the basis of research is universal dialectic method of cognition historical and formallegal methods and special and private law research methods including criminalstatistical method of documents analysis more than 60 sentences by the Russian courts in 20102014. Results the historicallegal analysis shows that only in the current criminal law homicide of a newborn child by the mother is classed among the privileged crimes. However the circumstances determined by the legislator as crime mitigating arouse discussion and criticism. The study of the law enforcement practice shows that in all mothers found guilty under Article 106 of the Criminal Code the goal to get rid of the child was formed long before birthgiving the murder was coldbloodedly planned and executed with great cynicism. The authors substantiate the conclusion that the signs that reduce the risk of the homicide of a newborn by the mother should include only traumatic situation and the motherrsquos state of mental disorder not excluding sanity. The paper also substantiates the proposal for a legislative ban on the termination of criminal prosecution due to reconciliation with the victim in criminal cases the consequence of which is death of a person. Scientific novelty basing on the analysis of judicial practice the sociodemographic characteristics of women is proposed who were convicted under Article 106 of the Criminal Code together with aggregate materials on the criminallegal measures applied to perpetrators. The paper formulates proposals and recommendations on

On the Issue of the Concepts Ratio "Criminal Prosecution", "Charge", "Suspicion", "Preliminary Investigation"

Directory of Open Access Journals (Sweden)

Zemlyanitsin E. I.

2013-10-01

Full Text Available An attempt is made to correlate such legal categories as "criminal prosecution", "charge", "suspicion", "preliminary investigation". Here is presented the comparative analysis of charge and suspicion as inherent elements of the agencies activities exercising criminal prosecution.

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.

Challenges of Criminal-Law Regulation of Mining in Colombia. A Study of the Article 333 of the Colombian Criminal Code

OpenAIRE

Suárez López, Beatriz Eugenia; Universidad Jorge Tadeo Lozano

2017-01-01

This paper presents a study of the article 333 of the Colombian Criminal Code, which establishes the crime of environmental contamination by exploitation of mining or hydrocarbon deposits. It analyzes the semantics and scope of this rule, establishing the criminal effects deriving from it. The paper focuses on the challenges that the article poses for the principle of legality, and address some dogmatic problems of it. This paper is part of the results of the research entitled "Environmental ...

The public appeal as the through criminal term: statement of a question

Directory of Open Access Journals (Sweden)

Микола Анатолійович Рубащенко

2017-09-01

Full Text Available The author of the article supports the introduction of  «the through criminal legal concepts» into the science of criminal law. It is more expedient to use the phrase «the through terms», wherein the through terms have such signs: they are used in the law two or more times; they denote the same concept. The research is based on the fact that the Criminal Code of Ukraine provides for criminal liability for public appeals for various criminal acts: encroachment of the territorial integrity of the state (Art. 110 of the CC, seizure of state power or overthrow of constitutional order (Art. 109 of the CC, terrorist act (art. 258-2 CC, mass riots (Art. 295 of the CC, cruelty to animals (Art. 299 of the CC, act of aggression (Art. 436 of the CC, genocide (Art. 442 of the CC. In legal practice, all these articles are interpreted and applied in different. The necessity of researching public appeals and related acts as through terms is grounded. The through nature of public appeals, the spreading of materials with appeals, the making and storage of materials with appeals are argued. It is proposed to investigate through terms taking into account the context and taking into account systemic links with other criminal legal terms. The recognition that the investigated concept are through, opens a promising direction for the synthesis and application of inductive reasoning. This means the moving from knowledge about public appeals, as separate types of crimes, to knowledge of public appeals, as a generic act common to all of their species.

Terrorism and information sharing between the intelligence and law enforcement communities in the US and the Netherlands: emergency criminal law?

Directory of Open Access Journals (Sweden)

John A. E. Vervaele

2005-06-01

Full Text Available Intelligence sharing between intelligence and police services with a view to preventing and combating terrorism is high on the political agenda in Brussels and The Hague. The Netherlands is one of the few countries in the EU where this topic is subject of political scrutiny. It also led to controversial case law. Recently, Justice Minister Donner has used an expedited procedure to submit a legislative proposal concerning shielded witnesses. This Bill raises many questions, that concern, amongst others, the discretion of intelligence services to determine which information will be provided for use in criminal proceedings and the relationship between this discretionary power and the connected legal duty of secrecy on the one hand and the rights of the defence to test and question that information on the other. Furthermore, questions raise regarding the evidentiary quality of this information. The proposed rules also influence the legitimacy of criminal law and the position of the criminal courts. What effect does the paradigm of security-orientated thinking have on the historical connection between criminal law and the rule of law? This issue is also addressed in this article.

Morality and Psychopathic Criminals. Ethicocentrism, Mental Incapacity, Free Will, and the Fear of Decriminalization

Directory of Open Access Journals (Sweden)

Lorenzo Magnani

2012-01-01

Full Text Available Present-day legal judgments of psychopathic criminals strongly avoid the exploitation of “moral” considerations. Currently, the attribution of responsibility to criminals often takes advantage of the cognitive concept of mental incapacity so that, in these cases, the moral judgment about moral conducts of “psycho-pathological” criminals is potentially extinguished. I contend that the theories and methods that are currently used in western societies to discharge moral and legal responsibility are not clear in their epistemic structure and so partially unreliable. To support this conclusion I take advantage of my recent cognitive studies concerning the multiplicity of moral frameworks, the gene/cognitive niche co-evolution, and the concept of free will.

MAIN FEATURES OF LEGAL AND JUDICIAL POLITICS OF APPLICATION OF JUVENILE IMPRISONMENT IN BOSNIA AND HERZEGOVINA AND COMPARATIVE CRIMINAL LAW AND JURISPRUDENCE

Directory of Open Access Journals (Sweden)

Vedad Gurda

2015-01-01

Full Text Available Considering that in the spectrum of juvenile criminal sanctions punishment of deprivation of liberty is the most severe criminal sanction, international documents related to juveniles in conflict with the law proclaim standards that this sanction has to be imposed only as a measure of last resort and for the shortest period. Issues like possible duration of subject sanction and scope of its imposition, represents some of the basic features of the legal and judicial policy of sanctioning of juveniles, and represent the subject of this paper. The author analyzes how these issues are regulated in Bosnia and Herzegovina“s and comparative law, and how aforementioned standards are applied in practice. Applying the comparative analysis it was determined that there are certain indicators that Bosnia and Herzegovina is one of the countries that has in its heritage „humane“ sanctioning policy of juvenile offenderes, and that the aforementioned international standards are consistently accepted in domestic law as well as in the jurisprudence.

'In this Interregnum' : dialectical themes in the critique of criminal justice

OpenAIRE

Carvalho, Henrique; Norrie, Alan W.

2017-01-01

In this article, we offer a critical examination of the long and rich history of criminal justice scholarship in the pages of Social & Legal Studies. We do so by identifying and exploring a dialectical tension in such scholarship, between the recognition of the role of criminal justice as an instrument of violence, exclusion and control on the one hand, and the effort to seek, through or perhaps beyond the critique of criminal justice, an emancipatory project. We explore this tension by exami...

The Right of the Accused in Saudi in Criminal Procedure during Investigation Process and Arbitrary Dentation and Prohibits Torture and Protects the Rights of Suspects to Obtain Legal Council

Directory of Open Access Journals (Sweden)

Mohmed Alqahtani Faten

2018-01-01

Full Text Available Saudi Arabia has recent in years pass several important legislations to ensure a fair and balanced justice system, including: 1 The Law of Procedure Before Sharia Courts of September 2001, which grants defendants the right to legal representation and outlines the process by which please, evidence and experts are heard by the courts. 2 The Code of Law Practice of January 2001, which outlines requirements necessary to become an attorney and defines the duties and right of lawyers, including the right of attorney-client privilege. 3 The Law of Criminal Procedure of May 2001, which protects a defendant right with the regard to interrogation, investigation, and incarceration; outlines a series of regulations that justice and law enforcement authorities must follow during all stages of legal process, from arrest and interrogation to trial and sentencing; prohibits torture and protects the right of suspects to obtain legal counsel; and limits the period of arbitrary detention. The main objective of this study is to examine the operation of the criminal justice system in Saudi Arabia in light of the international human rights standards pertaining to the administration of justice. It involves the international human rights treaties and focuses mainly on the instruments in which the right to a fair trail in Saudi Arabia.

Can a Patriarchal World Be Corrected by a Criminal Law? Feminist Struggles, Penal Justice and Legal Reform in France (1970–1980

Directory of Open Access Journals (Sweden)

Jean Bérard

2016-03-01

Full Text Available This article describes (1 the relationship between the demands made by feminist movements of the 1970s in cases of sexual violence and criticism of the criminal justice system by these movements and other groups, including the prisoners’ movement; and (2 the relationship between this debate and the legal process of reforming the definition and punishment of rape. Two periods are analyzed. In the early 1970s, the common cause of very different movements targeting the law was the priority given to the defense against forms of repression and disciplinary institutions. After 1975, the demands of feminist and prisoner movements diverged and even conflicted. One camp called for an offensive approach to changing the legal punishment of rape whereas the other camp fought against penal reforms imposed by the government and, more specifically, against long sentences.

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.

Legal Uncertainty in Criminal Cases Termination Institute Enforcement in Connection with Reconciliation of the Parties

Directory of Open Access Journals (Sweden)

Zabuga E. E.

2014-07-01

Full Text Available The author analyzes the judicial application practice of the RF Criminal Code, Art. 76, of the RF Criminal Procedure Code (in criminal cases involving crimes small and moderate, Art. 25; some procedural problems are designated.

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?.

Mentally disordered non-psychotic criminal offenders--treatment instead of punishment.

Science.gov (United States)

Gottlieb, Peter; Gabrielsen, Gorm; Kørner, Alex; Stølan, Liv Os

2013-12-01

By including §69 into the Danish Penal Code, it has since 1975 been possible to use psychiatric measures as legal sanctions for even non-psychotic offenders-if the measure is believed to be preventive of future crime. To be able to decide on the applicability of treatment measures as sanctions in criminal cases, the court will request a psychiatric report. They may furthermore ask a medical expert consultation board, the Danish Medico-Legal Council, for an opinion on the mental status of the defendant. To describe a sample of offenders falling under §69 and the use of the section in sentencing offenders to treatment instead of punishment. All 298 opinions given by the Medico-Legal Council between April 1, 2005 and December 31, 2007 of defendants definitely or possibly falling under §69 of the Danish Penal Code were rated together with the psychiatric assessment reports and the final verdicts on socio-demographic, health and criminal items, and the data were computerized. The sample was characterized by severe criminality and mental disorder. Forty-six percent (138/298) were sentenced by the court to a psychiatric measure instead of punishment. The results document that §69 of the Danish Penal Code is used as intended by the law.

[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.)

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.

Effects of Mental Health and Neuroscience Evidence on Juror Perceptions of a Criminal Defendant: the Moderating Role of Political Orientation.

Science.gov (United States)

Mowle, Elyse N; Edens, John F; Clark, John W; Sörman, Karolina

2016-11-01

Several recent studies have examined the effects of mental health and neuroscientific evidence on attitudes toward criminal defendants, suggesting that these factors may influence juror decision-making in meaningful ways. Few studies to date have manipulated both of these variables while also considering theoretically important individual difference variables (e.g., political orientation). Using a criminal case simulation, this study manipulated the presence of evidence concerning mental disorders (psychopathy and schizophrenia) and increasing levels of neuroscientific detail regarding a defendant's brain injury, and examined verdicts and sentencing recommendations in over 400 persons attending jury duty. Main effects were detected for mental health testimony and political orientation, although interactions were noted as well. More negative reactions to defendants labeled as psychopaths were relatively consistent, whereas participants who identified as liberal generally were less punitive towards a defendant identified as schizophrenic than were more conservative jurors. Consistent with other recent research, juror perceptions of the defendant's level of psychopathic traits (independent of the effects of the experimental manipulations) predicted guilty verdicts and longer sentencing recommendations. Copyright © 2016 John Wiley & Sons, Ltd. Copyright © 2016 John Wiley & Sons, Ltd.

Criminal and Legal Tax System Protection of the Russian Federation and the Ukraine

Directory of Open Access Journals (Sweden)

Stepanenko D. Yu.

2013-10-01

Full Text Available The comparative law analysis of criminal law protection of the tax system of the Russian Federation and the Ukraine is presented in the article; some recommendations for improvement of the Russian and Ukrainian criminal legislations have been formulated on this basis as well

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.

Untested assumptions: psychological research and credibility assessment in legal decision-making

Directory of Open Access Journals (Sweden)

Jane Herlihy

2015-05-01

Full Text Available Background: Trauma survivors often have to negotiate legal systems such as refugee status determination or the criminal justice system. Methods & results: We outline and discuss the contribution which research on trauma and related psychological processes can make to two particular areas of law where complex and difficult legal decisions must be made: in claims for refugee and humanitarian protection, and in reporting and prosecuting sexual assault in the criminal justice system. Conclusion: There is a breadth of psychological knowledge that, if correctly applied, would limit the inappropriate reliance on assumptions and myth in legal decision-making in these settings. Specific recommendations are made for further study.

Systemic-institutional approach to solving the problems of prejudgement in the criminal court procedure

Directory of Open Access Journals (Sweden)

Bulat Raisovich Burganov

2015-09-01

Full Text Available Objective to consider the historical and legal aspects of the use of prejudgement in the criminal procedure and to allocate its characteristic features as of a systemic object to disclose the key system elements of the mechanism of legal regulation of prejudgement in the criminal procedure. Methods the basis of the research was historicallegal method and systemicinstitutional approach to the analysis of regulatory processes as well as special and private law research methods elements of structuralfunctional approach with formal logical analysis. Results the evolution is shown of formation and development of the prejudgement institution the necessity is grounded of systemicholistic analysis of prejudgement legal regulation in the criminal procedure. According to the author it is a systematic approach that will allow to create the effectively functioning prejudgement institution. The article investigates the content side of the prejudgement institution in the criminalprocedural law. Scientific novelty for the first time the article discusses the prejudgement institution as a system of interrelated elements. In this context the substantial side of this system is characterized. Practical significance the research results and conclusions can be used in research legislative and applied activity for the effective application of the principles of prejudgement opportunities in the criminal procedure. nbsp

PROCESSION OF "TEPUNG TAWAR" AS AN ALTERNATIVE SOLUTION FOR CRIMINAL CASE IN MALAY CUSTOM LAW OF RIAU

Directory of Open Access Journals (Sweden)

Erdianto

2015-01-01

Full Text Available Implementation of the principle of legality in criminal law enforcement Indonesia in fact has caused some problems in the case and piling them over the prison capacity. It is necessary to find a model that is based on the completion of criminal cases and restorative local wisdom . One model that is “tepung tawar” in Malay society . Through empirical legal research found that the model completion of minor criminal matters in the Malay community is not united in procession “tepuk tepung tawar” but in other models, namely the density “ninik mamak” or different with “tepung tawar” practices applied in Jambi and South Sumatra , but the settlement of disputes and several criminal cases in the Malay community is also done with a model of restorative approaches .

Medicina Legal e Criminalística

Directory of Open Access Journals (Sweden)

Paulo Enio Garcia da Costa Filho

2011-09-01

Nessa obra, o leitor encontrará assuntos como Medicina Legal e direitos humanos, perícias e peritos, documentos médico-legais, Antropologia Forense, Traumatologia Forense, Toxicologia Forense, Tanatologia Forense, Psicopatologia Forense, Sexologia Forense, Genética Forense, local de crime, corpo de delito, além de vestígios, indícios e provas no processo penal.

Commentary (Victim Participation in the International Criminal Court)

DEFF Research Database (Denmark)

Marchuk, Iryna

2014-01-01

Victim participation is one of the most innovative aspects introduced in the legal framework of the International Criminal Court (hereinafter – ICC), which has not featured in the practices of other international criminal courts and tribunals. The approach of the ad hoc tribunals to victims...... was very ‘consumer like’ because victims were solely used as witnesses to testify about the crimes attributed to the accused, but they were not granted broad participatory rights in the proceedings. The drafters of the Rome Statute acknowledged wide-ranging interests of victims who, apart from seeking...

INCRIMINATING THE CONFLICT OF INTERESTS IN ROMANIA: RECENT LEGAL DEVELOPMENTS

Directory of Open Access Journals (Sweden)

Mihai MAREȘ

2018-05-01

Full Text Available The present paper aims at outlining the evolution of the Romanian criminal law provisions incriminating the conflict of interests, starting from its insertion, as of 2006, into the Criminal Code of 1968, until the up-to-date version of the offence as per the Criminal Code in force, renamed as use of the position for favouring persons, as amended by Law no. 193/2017. In this context, the approaches of the legal text in the well-established case-law of the judicial bodies as well as of the Constitutional Court and legal literature are highly relevant in order to explain the rationale behind the shaping of the legal content of the offence. The diachronic delineation shall be supplemented by elements of comparative law. Where appropriate, reference shall also be made to the administrative type of liability that may be incurred in a conflict of interest case and the relationship thereof with the proceedings in criminal matters or to distinctions between the analysed offence and other offences falling into the category of malfeasance in office or corruption offences. The conclusions of this examination emphasise the need for predictability and proper understanding of the criminological layer in tackling the conflict of interest phenomenon.

Criminal profiling as expert witness evidence: The implications of the profiler validity research.

Science.gov (United States)

Kocsis, Richard N; Palermo, George B

The use and development of the investigative tool colloquially known as criminal profiling has steadily increased over the past five decades throughout the world. Coupled with this growth has been a diversification in the suggested range of applications for this technique. Possibly the most notable of these has been the attempted transition of the technique from a tool intended to assist police investigations into a form of expert witness evidence admissible in legal proceedings. Whilst case law in various jurisdictions has considered with mutual disinclination the evidentiary admissibility of criminal profiling, a disjunction has evolved between these judicial examinations and the scientifically vetted research testing the accuracy (i.e., validity) of the technique. This article offers an analysis of the research directly testing the validity of the criminal profiling technique and the extant legal principles considering its evidentiary admissibility. This analysis reveals that research findings concerning the validity of criminal profiling are surprisingly compatible with the extant legal principles. The overall conclusion is that a discrete form of crime behavioural analysis is supported by the profiler validity research and could be regarded as potentially admissible expert witness evidence. Finally, a number of theoretical connections are also identified concerning the skills and qualifications of individuals who may feasibly provide such expert testimony. Copyright © 2016 Elsevier Ltd. All rights reserved.

Nullum Crimen sine Lege in the International Criminal Court

Directory of Open Access Journals (Sweden)

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.

Stalking: Criminological and criminal law aspects

Directory of Open Access Journals (Sweden)

Dimovski Darko

2016-01-01

Full Text Available Starting from the historical aspects of stalking crime, the author first provides an overview of different definitions of this socially negative behavior in the legal documents of countries where such conduct was first criminalized. The author presents statistical data on the scope of stalking in the United States and Australia. The second part of the paper discusses different types of stalkers, whose distinctive features are analyzed in more detail. In particular, the author focuses on the causal link between the stalking crime and violence, as well as the victims' responses to their own victimization. In the next part of this article, the author provides a detailed analysis of a wide range of consequences of stalking crime. In some cases, the victim of stalking may become the perpetrator of a criminal act of murder, whereas the stalker becomes a victim of this serious form of homicide. Although these cases are not numerous, they call for further analysis and proposing new legal solutions related to the privileged forms of murder, which are aimed at improving the position of the victim of stalking who is the perpetrator of such homicide. Finally, the author argues in favour of incriminating a new type of felony - the crime of stalking (in line with the model envisaged in the criminal legislation of the Republic of Croatia, as well as a privileged homicide which may be designated as a murder of a stalker committed by a victim of stalking.

Exploring the potential for joint training between legal professionals in the criminal justice system and health and social care professionals in the mental-health services.

Science.gov (United States)

Hean, Sarah; Heaslip, Vanessa; Warr, Jerry; Staddon, Sue

2011-05-01

Effective screening of mentally-ill defendants in the criminal court system requires cooperation between legal professionals in the criminal justice system (CJS), and health and social care workers in the mental-health service (MHS). This interagency working, though, can be problematic, as recognized in the Bradley inquiry that recommended joint training for MHS and CJS professionals. The aim of this study was to examine the experiences and attitudes of workers in the CJS and MHS to inform the development of relevant training. The method was a survey of mental-health workers and legal professionals in the court. The results showed that both agencies were uncertain of their ability to work with the other and there is little training that supports them in this. Both recognized the importance of mentally-ill defendants being dealt with appropriately in court proceedings but acknowledged this is not achieved. There is a shared willingness to sympathize with defendants and a common lack of willingness to give a definite, unqualified response on the relationship between culpability, mental-illness and punishment. Views differ around defendants' threat to security.Findings suggest there is scope to develop interprofessional training programs between the CJS and MHS to improve interagency working and eventually impact on the quality of defendants' lives. Recommendations are made on the type of joint training that could be provided.

Rural Australian women's legal help seeking for intimate partner violence: women intimate partner violence victim survivors' perceptions of criminal justice support services.

Science.gov (United States)

Ragusa, Angela T

2013-03-01

Intimate partner violence (IPV) is a widespread, ongoing, and complex global social problem, whose victims continue to be largely women. Women often prefer to rely on friends and family for IPV help, yet when informal support is unavailable they remain hesitant to contact formal services, particularly legal support for many reasons. This study applies a sociological lens by framing the IPV and legal help-seeking experiences of rural Australian women gained from 36 in-depth face-to-face interviews as socially contextualized interactions. Findings reveal police and court responses reflect broader social inequalities and rurality exacerbates concerns such as anonymity and lack of service. Cultural differences and power imbalances between survivors and formal support providers are manifested to inform future research seeking to improve survivors' willingness to engage and satisfaction with formal services. Finally, the important role police and the criminal justice system play in de-stigmatizing IPV and legitimating its unacceptability is argued a crucial, yet unrecognized, key to social change.

Plea bargaining as a third route of criminal law in the fight against organized administrative corruption

Directory of Open Access Journals (Sweden)

Marcelo Rodrigues da Silva

2017-03-01

Full Text Available The purpose of this article is to examine whether the plea bargaining in the context of “Lava Jato” Operation is adopting a third route of criminal law against administrative corruption, in which reparation of damages is established as one of the primary objectives of criminal prosecution, in substitution or mitigation of the restrictive sentence of the collaborating defendants. Subsequent to this analysis, it is intended to reflect if the adoption of a third route of criminal law by means of these negotiating instruments could imply in the utilitarian mercantilization of the criminal process prejudicial to the principle of criminal legality, proportionality and isonomy in the application of the punishment. This is a necessary and pertinent analysis due to the protagonism that the plea-bargaining have been assuming in the discovery of great corruption schemes in Brazil and the recovery of assets. The procedural methodology is the bibliographic and the method of approach is the hypothetico-deductive one, besides the case study involving “Lava Jato” operation. The hypothesis worked out is that the award-winning collaboration agreements have externalized a third-way criminal law and that there is a viability of violations of isonomy and criminal legality in fight against administrative corruption.

CRIMINAL PSYCHOLOGY IN SPAIN: PRESENT AND FUTURE

Directory of Open Access Journals (Sweden)

José Luis González

2015-05-01

Full Text Available As part of legal psychology, as it is understood in Spain, we can distinguish between the applications of psychology in the different steps of the judicial process: in police stations during criminal investigations, in court when the perpetrators have already been identified and arrested, and in prisons where they are eventually sent after being convicted. This paper argues that when psychology assists the criminal investigation in the first step of the judicial process - the police activities-, we are talking about criminal psychology, at two levels: the operational level (mostly pertaining to criminal psychology and the strategic level (shared with other areas of expertise. After describing its peculiarities and specific areas, in analogy with the support provided by other forensic sciences, we explain that in Spain this specialty is carried out professionally from within our own police forces, with a profile that is very different from the more traditional police psychology, and in close collaboration with the academic environment with regard to the scientific development of techniques and procedures.

How reliable are forensic evaluations of legal sanity?

Science.gov (United States)

Gowensmith, W Neil; Murrie, Daniel C; Boccaccini, Marcus T

2013-04-01

When different clinicians evaluate the same criminal defendant's legal sanity, do they reach the same conclusion? Because Hawaii law requires multiple, independent evaluations when questions about legal sanity arise, Hawaii allows for the first contemporary study of the reliability of legal sanity opinions in routine practice in the United States. We examined 483 evaluation reports, addressing 165 criminal defendants, in which up to three forensic psychiatrists or psychologists offered independent opinions on a defendant's legal sanity. Evaluators reached unanimous agreement regarding legal sanity in only 55.1% of cases. Evaluators tended to disagree more often when a defendant was under the influence of drugs or alcohol at the time of the offense. But evaluators tended to agree more often when they agreed about diagnosing a psychotic disorder, or when the defendant had been psychiatrically hospitalized shortly before the offense. In court, judges followed the majority opinion among evaluators in 91% of cases. But when judges disagreed with the majority opinion, they usually did so to find defendants legally sane, rather than insane. Overall, this study indicates that reliability among practicing forensic evaluators addressing legal sanity may be poorer than the field has tended to assume. Although agreement appears more likely in some cases than others, the frequent disagreements suggest a need for improved training and practice.

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.

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...

Protection of honour and dignity in criminal law

OpenAIRE

Diāna Hamkova

2009-01-01

Annotation As it is not possible to analyze categories „honour” and „dignity” only from one point of view, the research is made in philosophical, legal and bioethical aspects. Legal analysis of corpus delicti – defamation and demeaning of the dignity is made in the research, as well as nuances of protection of honour and dignity in criminal and civil law are analyzed. In order to reach the objective of the research wide range of international regulations is dealt with as well as comparativ...

Euthanasia: Some Legal Considerations

Science.gov (United States)

Koza, Pamela

1976-01-01

Several sections of the Criminal Code of Canada which are relevant to the issue of euthanasia are discussed. In addition, the value placed on the sanctity of life by the law, the failure to recognize motive in cases of euthanasia, and disparate legal and medical definitions of death are also considered. (Author)

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.

THE LEGAL PROTECTION OF THE PROPERTY RIGHT

Directory of Open Access Journals (Sweden)

Anda CRISU-CIOCÎNTĂ

2015-04-01

Full Text Available The property right has been acknowledged as one of the personal fundamental rights since a very long time. It enjoys complete legal protection provided on the top of the national legislation hierarchy by constitutional norms as well as by juridical norms specific to the various legal branches where the property is present. The property right is protected consistently and by means of the criminal law, mainly by those juridical norms that incriminate the illicit behaviours which bring prejudice, as well as by the norms that regulate other criminal right institutions such as those ones which are specific to the safety measures with a patrimonial character. After examining the juridical norms that protect the property, the conclusion is that the juridical protection is awarded only if the property right has a licit character.

40 CFR 1611.9 - Testimony in Federal, State, or local criminal investigations and other proceedings.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Testimony in Federal, State, or local criminal investigations and other proceedings. 1611.9 Section 1611.9 Protection of Environment CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD TESTIMONY BY EMPLOYEES IN LEGAL PROCEEDINGS § 1611.9 Testimony in Federal, State, or local criminal...

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.

Justice In Granting Remission For Corruption Prisoners A Review Of Indonesian Criminal Justice System

Directory of Open Access Journals (Sweden)

Mispansyah

2015-08-01

Full Text Available Abstract Prisoners are entitled to have a reduction in criminal past remission as stipulated in the Indonesian Criminal Justice System still being debated to this day. This research reviews the essence of the implementation of the substantive law in granting remission against inmate corruption cases from the perspective of public and individual interests. The type of research used in this paper is socio-legal research reviewing remission policy from the perspective of the criminal law system with philosophical and statute approach. The outcomes of the research indicate that the implementation of granting remission for corruption prisoners does not provide justice both procedural and substantive does not provide legal expediency and arising imbalance of justice for individuals communities and countries. The need to implement remissions with impartial justice for corruption prisoners in granting remission to be useful for individuals communities and countries.

Language impairments in youths with traumatic brain injury: implications for participation in criminal proceedings.

Science.gov (United States)

Wszalek, Joseph A; Turkstra, Lyn S

2015-01-01

As many as 30% of incarcerated juveniles have a history of traumatic brain injury (TBI). Moderate or severe TBI is associated with a high risk of impairment in language comprehension and expression, which may have profound effects on juveniles' ability to understand and express themselves in criminal proceedings. In this article, we review common language impairments in youths with TBI and discuss potential effects of these impairments on 3 stages of US criminal proceedings: (1) initial encounter with law enforcement; (2) interrogation and Miranda rights; and (3) competence to undergo trial proceedings. We then describe language assessment tools and procedures that may be helpful in legal contexts. Our aim was to inform clinicians and legal staff working with juvenile defendants with TBI, with the long-term goal of developing empirically based guidelines to ensure that juvenile defendants with TBI can fully and effectively participate in criminal proceedings.

"We Now Have a Patient and Not a Criminal": An Exploratory Study of Judges and Lawyers' Views on Suicide Attempters and the Law in Ghana.

Science.gov (United States)

Osafo, Joseph; Akotia, Charity S; Andoh-Arthur, Johnny; Boakye, Kofi E; N-B Quarshie, Emmanuel

2018-05-01

This study explored the views of judges and lawyers of the superior courts of Ghana on the law criminalizing attempted suicide. Qualitative data were collected from 12 experienced legal practitioners of the superior courts (five judges and seven lawyers) using a semi-structured interview schedule. Thematic analysis of the data yielded three main perspectives: In defence of the Law, Advocating a Repeal, and Pro-Health Orientation. Although exploratory, the findings of this study offer cues for stepping up suicide literacy and advocacy programmes toward either a repeal of the law or a reform.

The problem of "significant risk": exploring the public health impact of criminalizing HIV non-disclosure.

Science.gov (United States)

Mykhalovskiy, Eric

2011-09-01

Using criminal law powers to respond to people living with HIV (PHAs) who expose sexual partners to HIV or transmit the virus to them is a prominent global HIV public policy issue. While there are widespread concerns about the public health impact of HIV-related criminalization, the social science literature on the topic is limited. This article responds to that gap in knowledge by reporting on the results of qualitative research conducted with service providers and PHAs in Canada. The article draws on a studies in the social organization of knowledge perspective and insights from critical criminology and work on the "medico-legal borderland." It investigates the role played by the legal concept of "significant risk" in coordinating criminal law governance and its interface with public health and HIV prevention. In doing so, the article emphasizes that exploring the public health impact of criminalization must move past the criminal law--PHA dyad to address broader social and institutional processes relevant to HIV prevention. Drawing on individual and focus group interviews, this article explores how criminal law governance shapes the activities of providers engaged in HIV prevention counseling, conceptualized as a complex of activities linking clinicians, public health officials, front-line counselors, PHAs, and others. It emphasizes three key findings: (1) the concept of significant risk poses serious problems to risk communication in HIV counseling and contributes to contradictory advice about disclosure obligations; (2) criminalization discourages PHAs' openness about HIV non-disclosure in counseling relationships; and (3) the recontextualization of public health interpretations of significant risk in criminal proceedings can intensify criminalization. Copyright © 2011 Elsevier Ltd. All rights reserved.

Exceeding of Official Powers (Art. 286 of the Criminal Code of Russian Federation: Identification and Analysis of Signs of Object and Victim

Directory of Open Access Journals (Sweden)

Sergey D. Brazhnik

2014-03-01

Full Text Available In the present article authors defines attributes of object and victim in the framework of offense "abuse of power" (Article 286 of the Criminal Code of the Russian Federation and conduct comparative analysis. At the first place questions of what should be considered as object of crime in the Russian legal doctrine. Author believe that "vertical" objects are divided into general, intragenic, clan, group, specific and direct, "horizontal" - at primary, secondary and optional. Author carried out a comprehensive analysis of each object under consideration provisions of the Criminal Code of the Russian Federation. Authors give particular attention to the study of victims of this crime. According to authors, lack of the unified approach to this issue is largely generated by the procedural legislation. Author concludes that victims of the power abuse in the criminal law sense may be citizens (any individual, organizations (legal entities, irrespective of their legal form, society and the state. Based on the comprehensive analysis of legal acts, court practice and a wide range of scientific sources authors justify the appropriateness of amending Criminal Code of the Russian Federation.

Empirical Descriptions of Criminal Sentencing Decision-Making

Directory of Open Access Journals (Sweden)

Rasmus H. Wandall

2014-05-01

Full Text Available The article addresses the widespread use of statistical causal modelling to describe criminal sentencing decision-making empirically in Scandinavia. The article describes the characteristics of this model, and on this basis discusses three aspects of sentencing decision-making that the model does not capture: 1 the role of law and legal structures in sentencing, 2 the processes of constructing law and facts as they occur in the processes of handling criminal cases, and 3 reflecting newer organisational changes to sentencing decision-making. The article argues for a stronger empirically based design of sentencing models and for a more balanced use of different social scientific methodologies and models of sentencing decision-making.

Administrative Offence – Criminal Misdemeanor – Crime. Perspectives and Criteria Three-Tier Delictolisation in Russia

Directory of Open Access Journals (Sweden)

Sergei M. Zyryanov

2017-12-01

Full Text Available This article discusses issues of the classification and systematization of public-legal delicts in legislation on administrative offences and the criminal legislation of the Russian Federation. It is noted that the legislation on administrative offences and criminal legislation evolve in different directions; a negative assessment of current trends of development of the legislation on administrative offences is given; attention is drawn to dangerous social consequences of such a development. The Author assesses the proposal on the formation of an independent category of delicts “criminal misdemeanor” and draws attention to the fact that in the Russian legislation already has a multilevel delictolisation and the inclusion of several intermediate levels of criminal offences does not affect the situation. According to the Author, administrative offences and crimes have a common legal nature, as evidenced by the numerous attempts by Russian and Soviet scientists to distinguish between them by any criteria, and should be in a single system that would ensure the proportionality of the coercive State importance protected by legislation values.

Memory Interventions in the Criminal Justice System: Some Practical Ethical Considerations.

Science.gov (United States)

Cabrera, Laura Y; Elger, Bernice S

2016-03-01

In recent years, discussion around memory modification interventions has gained attention. However, discussion around the use of memory interventions in the criminal justice system has been mostly absent. In this paper we start by highlighting the importance memory has for human well-being and personal identity, as well as its role within the criminal forensic setting; in particular, for claiming and accepting legal responsibility, for moral learning, and for retribution. We provide examples of memory interventions that are currently available for medical purposes, but that in the future could be used in the forensic setting to modify criminal offenders' memories. In this section we contrast the cases of (1) dampening and (2) enhancing memories of criminal offenders. We then present from a pragmatic approach some pressing ethical issues associated with these types of memory interventions. The paper ends up highlighting how these pragmatic considerations can help establish ethically justified criteria regarding the possibility of interventions aimed at modifying criminal offenders' memories.

A proposal for limited criminal liability in high-accuracy endoscopic sinus surgery.

Science.gov (United States)

Voultsos, P; Casini, M; Ricci, G; Tambone, V; Midolo, E; Spagnolo, A G

2017-02-01

The aim of the present study is to propose legal reform limiting surgeons' criminal liability in high-accuracy and high-risk surgery such as endoscopic sinus surgery (ESS). The study includes a review of the medical literature, focusing on identifying and examining reasons why ESS carries a very high risk of serious complications related to inaccurate surgical manoeuvers and reviewing British and Italian legal theory and case-law on medical negligence, especially with regard to Italian Law 189/2012 (so called "Balduzzi" Law). It was found that serious complications due to inaccurate surgical manoeuvers may occur in ESS regardless of the skill, experience and prudence/diligence of the surgeon. Subjectivity should be essential to medical negligence, especially regarding high-accuracy surgery. Italian Law 189/2012 represents a good basis for the limitation of criminal liability resulting from inaccurate manoeuvres in high-accuracy surgery such as ESS. It is concluded that ESS surgeons should be relieved of criminal liability in cases of simple/ordinary negligence where guidelines have been observed. © Copyright by Società Italiana di Otorinolaringologia e Chirurgia Cervico-Facciale, Rome, Italy.

Safeguarding the Dignity of Women under the Criminal Law Amendment Act 2013-A Critical Analysis

OpenAIRE

R C Borpatragohain

2013-01-01

This viewpoint aims to analyse the Criminal Law Amendment Act 2013 from a legal perspective. In doing so, it discusses the statutory safeguards of rights to a dignified life of a woman by analysing the various existing laws, which have been significantly amended to build the Criminal Act, 2013. These laws are: Indian Penal Code (IPC) 1860; Indian Evidence Act 1872, Code of Criminal Procedure as amended in 1973, Immoral Trafficking Prevention Act 1956, Information Technology Act 2000, The Juve...

Reformation from Criminal to Lawyer: is such redemption possible?

Directory of Open Access Journals (Sweden)

Magda Slabbert

2014-11-01

Full Text Available If a person with a criminal record were to apply for admission to the legal profession, the applicant would naturally harbour the hope that his or her application would succeed. However, in the absence of a reformation of his or her moral character, the certainty is that the application will fail, thus leading to disappointment. The aim of this article is to analyse the correctness of the above proposition. It is argued that a criminal record is not an insurmountable obstacle to a successful application for admission, but that such applications may succeed only in exceptional circumstances.

Legal Knowledge and Agility in Public Administration

NARCIS (Netherlands)

Boer, A.; van Engers, T.

2013-01-01

To address agility in public administration, we have developed a knowledge acquisition infrastructure for legal knowledge, based on an implementation-oriented conceptualization of the legal system. Our objective is to reframe legal knowledge as a knowledge source in a design-oriented task ontology,

The Space for Restorative Justice in the Ethiopian Criminal Justice System

Directory of Open Access Journals (Sweden)

Endalew Lijalem Enyew

2014-12-01

Full Text Available Restorative Justice (RJ is an alternative way of apprehending crime and justice which views crime as a violation of a relationship among victims, offenders and community, and which allows the active participation of the crime’s stakeholders. It has the objective of ‘putting right’ the wrong done, to restore the broken relationship and to reintegrate the offender back into society. The Ethiopian criminal justice system views crime primarily as a violation of the state’s criminal laws, either in the form of a commission or omission. It excludes the community from participation, and gives no opportunity to the victim to fully participate in the process. Nor is there a satisfactory legal procedure which enables the public prosecutor to adequately protect the victim’s interest. The focus of the public prosecutor is to have the accused convicted and punished, instead of encouraging them to take responsibility to undo the wrong they have committed. This article thus examines whether restorative justice has a place in the formal legal framework of the existing Ethiopian criminal justice system; and analyses the prospects for, and the challenges that may hinder, the implementation of restorative justice practice in this framework.

The Right to Appeal as a Fundamental Right under International Acts and Jurisprudence, with Special Emphasis on Criminal Procedure

Directory of Open Access Journals (Sweden)

Vilard BYTYQI

2017-03-01

Full Text Available The right to appeal, respectively the right on complaint as per our legal vocabulary, constitutes the basic trunk of the second phase of court decisions in a certain procedure, in particular the criminal proceedings. The aim of this paper is to emphasize the main notions of appeal, but also in other aspects through the comparative description it aims to bring more clarity in differences and similarities that exist in between the appeal which is used in our criminal proceedings and the appeal which is used in the criminal proceedings that take place in the supranational courts. It is known that in courts which consist of international elements, the appeal is positioned in a more advanced level, due to the fact that there are grounds of suspicion used over every element that could be used in any national criminal proceedings. Overall, in any place of the world, the appeal has the goal to remedy court decisions brought by the court of first instance, while, in the procedural aspect it has more or less differences depending on the regulations of criminal procedures of that state. Such difference due to the diversity of the legal systems today are also accepted as the universal legal value, since establishment of international tribunals provides the best practice in this field.

Review of a monograph by P. N. Panchenko «State-legal regularities in the history and theory of state and law and criminal law». Moscow: «Jurisprudence» Publishers, 2014. 518 p.

Directory of Open Access Journals (Sweden)

Gennadiy N. Gorshenkov

2015-12-01

Full Text Available The article analyzes the problem of legislation imperfection in the sphere of normative legal acts adoption as it is studied in the reviewed monograph. The imperfection consists of ignoring the state and legal regularities. The author39s position is discussed that the normativelegal acts should meet not the legislatorsrsquo ambitions but the legitimate interests of citizens and the state. The author emphasizes the practical benefit of those legal measures that are proposed to stabilize the economy. The idea is developed of creating a general theory of crime and the author39s attitude to modern criminology. The author39s attempt is assessed to adjust the criminal law for the strategic challenges facing Russia in different spheres of life. nbsp

Ideological conditionings of the social protest criminalization and the support to democracy in a Lima sample

Directory of Open Access Journals (Sweden)

Jan Rottenbacher de Rojas

2013-12-01

Full Text Available The influence of right-wing political conservatism on support for democracy and the criminalization of social protest is analyzed in a sample of university students from the city of Lima (N = 201. As indicators of the right-wing political conservatism, measures of right-wing authoritarianism (RWA, social dominance orientation (SDO and right-wing political orientation were used. Two path diagrams were proposed: the second diagram showed a proper degree of fit and proposes a positive covariance between RWA, SDO and right-wing political orientation. The diagram also suggests that RWA, SDO and right-wing political orientation exert a direct influence on the criminalization of social protest, while SDO and RWA exert an indirect influence on support for democracy. Finally, support for democracy present an inverse correlation with the criminalization of social protest.

Establishing trafficking in human beings for the purpose of organ removal and improving cross-border collaboration in criminal cases

NARCIS (Netherlands)

Rijken, Conny

2016-01-01

In this short summary report on the legal definition of trafficking in human beings for the purpose of organ removal and improving cross-border collaboration in criminal cases, challenges, and recommendations in the areas of defining the crime, criminal investigation and prosecution, and

The double-edged sword of genetic accounts of criminality: causal attributions from genetic ascriptions affect legal decision making.

Science.gov (United States)

Cheung, Benjamin Y; Heine, Steven J

2015-12-01

Much debate exists surrounding the applicability of genetic information in the courtroom, making the psychological processes underlying how people consider this information important to explore. This article addresses how people think about different kinds of causal explanations in legal decision-making contexts. Three studies involving a total of 600 Mechanical Turk and university participants found that genetic, versus environmental, explanations of criminal behavior lead people to view the applicability of various defense claims differently, perceive the perpetrator's mental state differently, and draw different causal attributions. Moreover, mediation and path analyses highlight the double-edged nature of genetic attributions-they simultaneously reduce people's perception of the perpetrator's sense of control while increasing people's tendencies to attribute the cause to internal factors and to expect the perpetrator to reoffend. These countervailing relations, in turn, predict sentencing in opposite directions, although no overall differences in sentencing or ultimate verdicts were found. © 2015 by the Society for Personality and Social Psychology, Inc.

Combat-related posttraumatic stress disorder and criminal responsibility determinations in the post-iraq era: a review and case report.

Science.gov (United States)

Frierson, Richard L

2013-01-01

Since 2002, hundreds of thousands of United States troops have returned from the Iraq and Afghanistan theaters, many after multiple deployments. The high suicide rate and high prevalence of mood disorders, substance use disorders, and posttraumatic stress disorder (PTSD) in this population have been widely reported. Many returning soldiers have had difficulty adjusting to civilian life, and some have incurred legal charges. In this article, I review the prevalence and legal implications of combat-related PTSD in this population, including how symptoms of PTSD may be relevant in criminal responsibility determinations in jurisdictions that use a M'Naughten standard or American Law Institute (ALI) Model Penal Code test for criminal responsibility. Finally, an actual case in which a criminal defendant was found to lack criminal responsibility in a M'Naughten jurisdiction because of PTSD symptoms at the time of the alleged offense will be presented.

Contribution to the discussion on the criminalization of stalking

Directory of Open Access Journals (Sweden)

Miladinović-Stefanović Dušica

2016-01-01

Full Text Available The serious and complex nature of stalking, as a social phenomenon, is reflected in diverse forms of this illicit act, the severity of consequences caused by its commission, and the likelihood of being turned into violence. Whereas it may be observed from different perspectives, in this paper stalking is examined from the aspect of substantive criminal law. In the first part of this article, the author provides an overview of legal provisions on the crime of stalking as envisaged in selected European legislations. In the second part of the paper, the author re-examines the capacity of the existing Serbian criminal legislation to respond to this problem, especially through the envisaged criminal offence of endangering safety of another. In conclusion, the author discusses the inadequacy of the existing legislation and the need for further legislative intervention in this area.

Legal incentives for minimizing waste

International Nuclear Information System (INIS)

Clearwater, S.W.; Scanlon, J.M.

1991-01-01

Waste minimization, or pollution prevention, has become an integral component of federal and state environmental regulation. Minimizing waste offers many economic and public relations benefits. In addition, waste minimization efforts can also dramatically reduce potential criminal requirements. This paper addresses the legal incentives for minimizing waste under current and proposed environmental laws and regulations

Damaška and the faces of international criminal justice

NARCIS (Netherlands)

Swart, B.

2008-01-01

Mirjan Damaška 's scholarly publications provide important insights for the analysis of systems of criminal justice at the international level. This is particularly true for his major book: The Faces of Justice and State Authority - A Comparative Approach to the Legal Process. The book develops

"Symptoms of something all around us": Mental health, Inuit culture, and criminal justice in Arctic communities in Nunavut, Canada.

Science.gov (United States)

Ferrazzi, Priscilla; Krupa, Terry

2016-09-01

Rehabilitation-oriented criminal court mental health initiatives to reduce the number of people with mental illness caught in the criminal justice system exist in many North American cities and elsewhere but not in the mainly Inuit Canadian Arctic territory of Nunavut. This study explores whether the therapeutic aims of these resource-intensive, mainly urban initiatives can be achieved in criminal courts in Nunavut's resource constrained, culturally distinct and geographically remote communities. A qualitative multiple-case study in the communities of Iqaluit, Arviat and Qikiqtarjuaq involved 55 semi-structured interviews and three focus groups with participants representing four sectors essential to these initiatives: justice, health, community organizations and community members. These interviews explored whether the therapeutic jurisprudence (TJ) principles that guide criminal court mental health initiatives and the component objectives of these principles could be used to improve the criminal court response to people with mental illness in Nunavut. Interviews revealed 13 themes reflecting perceptions of Inuit culture's influence on the identification of people with mental illness, treatment, and collaboration between the court and others. These themes include cultural differences in defining mental illness, differences in traditional and contemporary treatment models, and the importance of mutual cultural respect. The findings suggest Inuit culture, including its recent history of cultural disruption and change, affects the vulnerability of Nunavut communities to the potential moral and legal pitfalls associated with TJ and criminal court mental health initiatives. These pitfalls include the dominance of biomedical approaches when identifying a target population, the medicalization of behaviour and culture, the risk of "paternalism" in therapeutic interventions, and shortcomings in interdisciplinary collaboration that limit considerations of Inuit culture. The

The Need for Regulation of Cyber Terrorism Phenomena in Line With Principles of International Criminal Law

Directory of Open Access Journals (Sweden)

Enver BUÇAJ

2017-03-01

Full Text Available This paper scrutinizes and highlights imminent need to regulate cyber terrorism pheromone in line with principle of international law. In so doing, this paper intends to ascertain legal basis to regulate cyber terrorism at international level. It explains the normative conduct by drawing on adjustments of certain member states of European Union as well as from none-European member states. Particular attention will be given as to how Kosovo has addressed cyber terrorism within its legal framework of criminal acts. The paper also addresses practical consequences of cyber terrorism in context of cyber-attacks events in attempt to establish legal basis for its prevention and punishment of cyber criminals wherever it happens. The author articulates its arguments by examining the presumed threats as a result of cyber terrorism activities, as well as based on well-known cyber terrorist behaviors and constant literature that insinuate that cyber-attacks are imminent threats. Lastly, as there is neither a particular treaty nor State practices, the author considers of utmost importance to spell out different views and statistics alluding that the need to regulate cyber terrorism in line with principle of international criminal law is a necessity.

The Need for Regulation of Cyber Terrorism Phenomena in Line With Principles of International Criminal Law

Directory of Open Access Journals (Sweden)

Enver Buçaj

2017-03-01

Full Text Available This paper scrutinizes and highlights imminent need to regulate cyber terrorism phenomena in line with the principle of international law. In so doing, this paper intends to ascertain legal basis to regulate cyber terrorism at international level. It explains the normative conduct by drawing on adjustments of certain member states of European Union as well as from none European member states. Particular attention will be given as to how Kosovo has addressed cyber terrorism within its legal framework of criminal acts. The paper also addresses practical consequences of cyber terrorism in the context of cyber attacks events in attempt to establish a legal basis for its prevention and punishment of cyber criminals wherever it happens. The author articulates its arguments by examining the presumed threats as a result of cyber terrorism activities, as well as based on well-known cyber terrorist behaviors and constant literature that insinuate that cyber attacks are imminent threats. Lastly, as there is neither a particular treaty nor State practices, the author considers of utmost importance to spell out different views and statistics alluding that the need to regulate cyber terrorism in line with principle of international criminal law is a necessity.

Threats to repair injury caused by judicial errors and criminal damage

Directory of Open Access Journals (Sweden)

Muntean Vasilisa

2017-12-01

Full Text Available The grounds for the occurrence of punitive damages are related to the illicit actions of the persons with responsibilities in the courts and the criminal prosecution bodies. In order to provide protection against such unfair situations, there are a number of legal guarantees. The legislator has highlighted both the specific circle of reasons (illegal detention, unlawful criminal prosecution, unlawful sentencing, etc. necessary to ensure that the damage caused to the person can be repaired, as well as the circle of conditions for the right to reparation (the acquittal, the order for termination of the criminal proceedings or for the prosecution, etc.. The reparation of the damage caused by judicial and criminal prosecution errors arises at the time when the act whereby the person was convicted or illegally arrested, ie at the time when the rehabilitation act became irrevocable, was found to be illegal.

Joint Criminal Enterprise: The ICTY’s Contentious Addition to International Law

DEFF Research Database (Denmark)

Carlson, Kerstin Bree

2008-01-01

The ICTY does not merely represent a historical stage in the development of international criminal justice which can now be put aside and left to legal historians. It also has a lasting impact, due to the fact that its Rules of Procedure and Evidence are judge-made law, tested in the fire of court...... practice and frequently amended to take the latest developments into account. Finally, with the arrest of Slobodan Karadžić, a new chapter has been opened for the Court. This volume thus provides not only an account of all the debates revolving around the proper role of international criminal justice...... and a contribution to the developing academic discipline of “transitional justice”; it also opens up a perspective to the International Criminal Court and asks what procedural legacy the ad hoc tribunals for Yugoslavia and Ruanda provide for the future of international criminal procedure....

Accuracy Of The Place Of Crimes Determination As A Factor Of The Structure Of Special Part Of The Criminal Code Of The Russian Federation Preservation

Directory of Open Access Journals (Sweden)

Inga V. Pantyuxina

2014-06-01

Full Text Available In the present article the problem of nonobservance of logical and legal means, receptions and rules of the separate structures of crimes in the structure of criminal law placement which breaks systemacity of the Special part on the Criminal Code of the Russian Federation is raised. Questions of crimes regulated in articles 138.1, 214, 226.1, 240 and 242.2 of the Criminal Code of the Russian Federation in the structure of the Special part of the Criminal Code of the Russian Federation is researched and analyzed. Researching their objects and a number of signs of the objective party, authors focus attention on the shift of priorities in these structures of crimes from the public relations regulated in them into the favor of less significant out of what the failure to place their criminal and legal material in the Special part of the Criminal Code of the Russian Federation. Discrepancy of objects in crimes regulated by articles 138.1 and 242.2 of the Criminal Code of the Russian Federation to the patrimonial and specific objects of the groups of crimes in which they are located in this connection, due to what it is offered to move them to other groups of crimes. Analysis of crimes structures regulated in the article 214, 226.1 and 240 of the Criminal Code of the Russian Federation led to the conclusion that is reasonable to allocate independent structures of crimes and to define other legal niches of the Criminal Code of the Russian Federation, other than those in which they are located.

THE INFLUENCE OF THE CULTURE OF LAW IN LAW ENFORCEMENT CRIMINAL ACTS IN THE FIELD OF FISHERIES

Directory of Open Access Journals (Sweden)

Abd Asis

2015-07-01

Full Text Available Indonesia has the potential of marine and fisheries and a good variety of renewable or not renewable, but in the field fishery optimally still hampered with the rampant practice of catching fish illegally or criminal acts in the field of fisheries. The purpose of this writing is to know the influence of the culture of law in law enforcement criminal acts in the field of fisheries. Writing this type of normative research using secondary data, then the data were analyzed qualitatively-normative, examine the way interpret and construct the statement contained in document per-Act. The results showed that the law is strongly influenced by factors such as, among others: values, attitudes, and the community's view of called with cultures of law. Based on legal cultures which may give rise to differences in law enforcement between the communities that one with other communities. The legal culture is linked to the professionalism of law enforcers in the exercise of his duties, and public awareness in adhering to the law itself. Overall attitudes and values and behavior that determine the applicable law on society. Thus, the construction of the legal awareness should be oriented in an effort to promote the values underlying the legislation in question as well as paying attention to the communication of the ruling factor in order for the contents of such laws can be known by the public at large as the target of the rule of law itself. So the culture of the law contains the meaning of the process of internalization of values that are alive and thriving in the community who can serve as a cornerstone in understanding and law enforcement especially in the field of fisheries. Therefore, the fundamental issues should be against the law as already described above should be addressed properly

The impact of marijuana policies on youth: clinical, research, and legal update.

Science.gov (United States)

Ammerman, Seth; Ryan, Sheryl; Adelman, William P

2015-03-01

This technical report updates the 2004 American Academy of Pediatrics technical report on the legalization of marijuana. Current epidemiology of marijuana use is presented, as are definitions and biology of marijuana compounds, side effects of marijuana use, and effects of use on adolescent brain development. Issues concerning medical marijuana specifically are also addressed. Concerning legalization of marijuana, 4 different approaches in the United States are discussed: legalization of marijuana solely for medical purposes, decriminalization of recreational use of marijuana, legalization of recreational use of marijuana, and criminal prosecution of recreational (and medical) use of marijuana. These approaches are compared, and the latest available data are presented to aid in forming public policy. The effects on youth of criminal penalties for marijuana use and possession are also addressed, as are the effects or potential effects of the other 3 policy approaches on adolescent marijuana use. Recommendations are included in the accompanying policy statement. Copyright © 2015 by the American Academy of Pediatrics.

Criminal Justice Research Is about People.

Science.gov (United States)

Conrad, John P.

1982-01-01

Suggests that the Golden Age of criminal justice research has ended with an impending era of austerity. Reviews the work done in the past forty years and recommends a return to the people-oriented research that characterized the Chicago School of the early '20s rather than systems research. (Author/JAC)

Sex trade, social and legal aspect of the phenomena and the Albanian criminal legislation provisions

Directory of Open Access Journals (Sweden)

Aurela Bozo

2015-01-01

Full Text Available The purpose of this paper is to analyse the effects of Article 113 of the Albanian Criminal Code on women. This article appears to be gender neutral, but it’s enforcement affects women disproportionately and face them with forms of indirect gender discrimination. Through monitoring of Tirana Judicial District Court’s decisions, with object article 113 of the ACC, “Prostitution”, for a four year period from 2010 through 2013 and interviews with women who have exercised prostitution, there are brought in attention the profiles of the individuals who exercise prostitution and also social aspects of this phenomena. The hypothesis raised in this paper is that the profile of an individual who exercises prostitution is a vulnerable woman, with low education, unemployed, with low income, who is faced with family and social problems. This paper analyses the relation between the social aspects and legal dynamics of article 113 of ACC. The changes of 2012 introduced in the article 113 of the ACC brought sanctions for persons who buy the service of prostitution reflecting the process of social changes and understanding of gender equality. The issue of the next steps to address this phenomenon is analysed in this article too.

GROUNDS FOR LIMITING PROPERTY RIGHTS IN THE APPLICATION OF TEMPORARY SEIZURE OF PROPERTY IN CRIMINAL PROCEEDINGS

Directory of Open Access Journals (Sweden)

Tetiana Suprun

2018-01-01

Full Text Available The purpose of the paper is to investigate reasons for the restriction of property rights in the application of temporary seizure of property in criminal proceedings and to determine promising directions for further research on the issues. The issue of measures to ensure criminal proceedings and observance of human and civil rights and freedoms was investigated by a number of domestic scientists, but the degree of investigation of grounds for restricting property rights in the application of temporary seizure of property in criminal proceedings in the context of amendments made to the CPC of Ukraine in recent years remains insufficient. That is why the study of the grounds for limiting property rights in the application of temporary seizure of property in criminal proceedings is now of particular urgency. Methodology. Methodological basis of the research is a set of philosophical, general scientific, special scientific methods. The method of logical-semantic analysis is used to clarify the meaning of multi-valued concepts, the application of the method of system analysis allowed investigating the place of the institute of property rights in legal literature and legislation of Ukraine. The method of grouping and the system and structural approach are used for classifying the distribution, ascertaining the internal structure, and analysing the interconnections between elements of the concept of ownership and the category of property rights restriction. Results. The paper examines the factual and formal legal grounds for limiting the ownership of a suspect, accused, and other persons in the application of temporary seizure of property in a criminal proceeding. The conclusion is drawn on the need to clarify the factual grounds for the temporary seizure of property for cases where such a seizure is carried out by a person who has carried out legal detention in the manner prescribed by Articles 207, 208 of the CPC of Ukraine and is not an investigator

Legal Environment Against Online Identity Theft: Comparative Analysis of USA’s and Lithuania’s Legislation

Directory of Open Access Journals (Sweden)

Paulius Pakutinskas

2011-08-01

Full Text Available Summary. The growth of the Internet and e-commerce has taken identity theft to new levels. Indeed, consumers, financial institutions and the whole economic suffer from online identity theft. This article analyses the legal environment which is concerned with online identity theft. The analysis is based on the comparison of two countries—USA’s and Lithuania’s— legislation, regulating such fields as personal data protection, electronic information security, identification, criminal liability and special legal acts, regulating online identity theft, because if all these fields are sufficiently regulated, the fight with online identity theft is more successful. The choice of the countries is based on the fact that USA has experience in fighting online identity theft while Lithuania is taken into a deeper consideration asit is a member of the European Union, the legal system of which has great differences in comparison to the USA. The analysis of legislation, regulating personal data protection, is based on comparison of the main requirements and principles of personal data protection, institutions which are responsible for personal data protection and liability for breaches of personal data protection rules. The authors of the present article also present similarities and differences of legal regulation of electronic information security in USA and Lithuania by comparing the institutional control of information security, main requirements for information security and liability for breaches of information security rules. Also, the variety of personal identity documents in the USA and Lithuania is analyzed, main personal identity documents are presented as well as regulation of online identity theft, elements and types of identification online are discussed. Moreover, criminal and special legislation of USA and Lithuania is taken into consideration in order to discuss and compare criminalization aspects of online identity theft.In this article

Legal Environment Against Online Identity Theft: Comparative Analysis of USA’s and Lithuania’s Legislation

Directory of Open Access Journals (Sweden)

Darius Štitilis

2013-08-01

Full Text Available The growth of the Internet and e-commerce has taken identity theft to new levels. Indeed, consumers, financial institutions and the whole economic suffer from online identity theft. This article analyses the legal environment which is concerned with online identity theft. The analysis is based on the comparison of two countries—USA’s and Lithuania’s— legislation, regulating such fields as personal data protection, electronic information security, identification, criminal liability and special legal acts, regulating online identity theft, because if all these fields are sufficiently regulated, the fight with online identity theft is more successful. The choice of the countries is based on the fact that USA has experience in fighting online identity theft while Lithuania is taken into a deeper consideration as it is a member of the European Union, the legal system of which has great differences in comparison to the USA. The analysis of legislation, regulating personal data protection, is based on comparison of the main requirements and principles of personal data protection, institutions which are responsible for personal data protection and liability for breaches of personal data protection rules. The authors of the present article also present similarities and differences of legal regulation of electronic information security in USA and Lithuania by comparing the institutional control of information security, main requirements for information security and liability for breaches of information security rules. Also, the variety of personal identity documents in the USA and Lithuania is analyzed, main personal identity documents are presented as well as regulation of online identity theft, elements and types of identification online are discussed. Moreover, criminal and special legislation of USA and Lithuania is taken into consideration in order to discuss and compare criminalization aspects of online identity theft. In this article it is

The reaction to femicide in criminal law

Directory of Open Access Journals (Sweden)

Batrićević Ana

2016-01-01

Full Text Available Misogynous and sexist violence against women, which often results in death, represents a global problem. Numerous international and national legal instruments are dedicated to the prevention and sanctioning of violence against women. However, the reality implies that existing mechanisms of penal reaction to femicide, as its most extreme and brutal form, should be re-examined. Having in mind the frequency and severe consequences of this criminal offence and the discriminatory character of the message that the state sends by tolerating it or inadequately punishing its perpetrators, the author attempts to define femicide, to present basic forms of state reaction to femicide in comparative law as well as to analyze the features of femicide as an independent criminal offence. Arguing for the incrimination of femicide as an independent criminal offence, or as a special form of aggravated murder, the author points out that such solution could contribute to more precise observation of this form of crime, to a better estimation of the quality of the state‘ s reaction to it and to its more efficient suppression.

The Category of Immaturity in a Legal Context

Directory of Open Access Journals (Sweden)

Fedonkina A.A

2014-11-01

Full Text Available We presented psychological and legal approaches to the concept of immaturity, and the definition of the perpetrator. We analyzed the differences of age aspects of the subject of crime in different countries, the criteria for establishing a minimum age of criminal responsibility. We discuss the problem of the possibility of lowering the age of criminal responsibility in the Russian Federation from the point of view of psychological science. We considered the legal category of "mental retardation not associated with mental illness" and its psychological equivalent - "personal immaturity". We describe the main problems arising in the course of the complex judicial, psychological and psychiatric examination for the presence of a mental retardation not associated with mental illness in minor. We presented psychological approaches to the concept of "personal immaturity", described the concept of "mature personality".

Domestic violence and the criminal justice system: an overview.

Science.gov (United States)

Erez, Edna

2002-01-01

It is only recently that domestic violence has been considered a violation of the law. Although men have battered, abused and mistreated their wives or intimate partners for a long time, historically, wife or partner abuse has been viewed as a "normal" part of marriage or intimate relationships. Only towards the end of the twentieth century, in the 1970 s, has domestic violence been defined a crime, justifying intervention by the criminal justice system. This article surveys the history of domestic violence as a criminal offense, and the justice system response to woman battering incidents. It first discusses the definition of the offense including debates around the offense definition, and the prevalence and reported frequency of the behavior termed woman battering. It then reviews the legal and social changes over time that have altered the criminal justice system s approach to domestic violence. Next it outlines the responses of the police, and the prosecution of domestic violence. The article also discusses research findings related to domestic violence and the criminal justice system, along with current controversies concerning the justice approach to domestic violence, its law enforcement, and related unfolding trends in the movement to address domestic violence through the criminal justice system.

The Criminalization of Domestic Violence: What Social Workers Need To Know.

Science.gov (United States)

Danis, Fran S.

2003-01-01

This article reviews the social science, legal, and criminal justice literature regarding interventions used to stop domestic violence. Examines the theoretical foundations and effectiveness of police interventions, the use of protective orders, prosecutions and victim advocacy, court responses, and coordinated community responses to domestic…

Legislative virus in the system of the Criminal Code of Ukraine: definition and actualization of the problem on the example of Article 368-2 of the Criminal Code of Ukraine

Directory of Open Access Journals (Sweden)

Василь Миколайович Киричко

2016-06-01

Full Text Available In this article was first justified need for a scientific use of a term «legislative virus in the system of the Criminal Code of Ukraine» and its definition is provided. This virus is proposed to understand a legislative requirement, which, after its inclusion in the Criminal Code of Ukraine, interacting with other elements of the system, determines the content of the criminal law legalized the possibility of arbitrary violation of human rights at its application in practice. As an example, the presence of the virus in the Article 368-2 of the Criminal Code of Ukraine «Illegal enrichment» was detail analyzed, shown history of the emergence of the virus and its impact on the determination of the content of this Article and how it causes human rights violations in the application of this Article in practice. The search of the viruses in the system of the Criminal Code of Ukraine is recognized the urgent task for the science of criminal law. Fighting these viruses is one of the areas of implementation of the rule of law principle in criminal law of Ukraine.

Determining a Criminal Defendant's Competency to Proceed With an Extradition Hearing.

Science.gov (United States)

Piel, Jennifer; Finkle, Michael J; Giske, Megan; Leong, Gregory B

2015-06-01

When a criminal defendant flees from one state (often referred to as the requesting state) to another (often referred to as the asylum state), the requesting state can demand that the asylum state return the defendant through a process called extradition. Only a handful of states have considered a fugitive's right to be competent to proceed with an extradition hearing. Those states fall into three categories. Some states apply the same standard as in criminal trial competency cases. Others apply a more limited competency standard. Two have found that a fugitive has no right to be competent to proceed in an extradition hearing. The particular legal test adopted affects the nature and scope of the competency evaluation conducted by the psychiatrist or psychologist in the extradition hearing. In addition, we are not aware of any state that has considered what happens to the fugitive if he is ultimately found not competent to proceed. Legislation, either state by state or through amendments to the Uniform Criminal Extradition Act, can provide the legal and psychiatric communities with guidance in assessing competency initially and in taking appropriate steps if the fugitive is ultimately found not competent. © 2015 American Academy of Psychiatry and the Law.

On Expansion Of The Circle Of Norms Providing Special Types Of Release From Criminal Liability In The Chapter 22 Of The Criminal Code Of The Russian Federation

Directory of Open Access Journals (Sweden)

Farid A. Musaev

2014-06-01

Full Text Available In the article author conducts analysis of the circle of the criminal code of the Russian Federation (Charter 22 norms expansion, providing special types of release from criminal liability. Analyzes of the foreign legislation allowed author to draw a conclusion that the majority of the stimulating legal analogs to the Chapter 22 of the Criminal Code of the Russian Federation are present in the legislation of the CIS countries – Azerbaijan, Georgia, Tajikistan, Turkmenistan, Ukraine and some other, and also that release from the criminal liability on the tax crimes – is not less widespread stimulating norm in the foreign legislation. Special attention is paid to the questions of the positive post criminal behavior of persons who committed economic crime stimulation. According to the author it appears to be reasonable to include into the alternative condition of the release from criminal liability a sign of the voluntary statement of the crime commission or giving criminal income and also an alternative sign of the "active contribution to the disclosure and/or crime investigation". Author comes to the conclusion that a problem of the expansion of the stimulating norms in the Chapter 22 of the Criminal Codes of the Russian Federation action is interesting and actual in the conditions of criminal legislation in the economic sphere liberalization. In particular, in the foreshortening of the economic amnesty questions author believes that introduction of the stimulating norms of the Chapter 186 of the Criminal Code of the Russian Federation isn't expected soon.

Good Fences Make Bad Neighbors--A Community-Oriented Course in Psychology and Criminal Justice

Science.gov (United States)

Glenwick, David S.

1978-01-01

A multidisciplinary undergraduate course in correctional psychology is described, noteworthy features of which include field work experiences in criminal justice agencies, discussions with criminal justice personnel from a variety of disciplines and professions, and in-class role-playing exercises, as well as more traditional coursework. (Author)

Characteristics of the Application of the Criminal Law for Crimes, Committed in the Internet

Directory of Open Access Journals (Sweden)

Anton A. Komarov

2016-11-01

Full Text Available The article analyzes the basic postulates of the principle of territorial application of criminal law in space in relation to the global computer network – Internet. As part of the comparative legal method various approaches of American, German, Russian forensic scientists to the resolution of conflicts regarding the infrastructure of the Internet, computer information and features of the action of the national criminal law in these countries are analyzed.

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.

How to identify the person holding the highest position in the criminal hierarchy?

Directory of Open Access Journals (Sweden)

Grigoryev D.A.

2014-12-01

Full Text Available The current version of the resolution of the RF Supreme Court Plenum of June 10, 2010 N 12, clarifying the provisions of the law on liability for crimes committed by a person holding the highest position in the criminal hierarchy (Part 4 of Article 210 of the RF Criminal Code, is criticized. Evaluative character of the considered aggravating circumstance doesn’t allow to develop clear criteria for identifying the leaders of the criminal environment. Basing on the theory provisions and court practice, the authors suggest three criteria. The first criterion is specific actions including: establishment and leadership of the criminal association (criminal organization; coordinating criminal acts; creating sustainable links between different organized groups acting independently; dividing spheres of criminal influence, sharing criminal income and other criminal activities, indicating person’s authority and leadership in a particular area or in a particular sphere of activity. The second is having money, valuables and other property obtained by criminal means, without the person’s direct participation in their acquisition; transferring money, valuables and other property to that person systematically, without legal grounds (unjust enrichment; spending that money, valuables and other property to carry out criminal activities (crimes themselves and conditions of their commission. The third is international criminal ties manifested in committing one of the crimes under Part 1 of Article 210 of the RF Criminal Code, if this crime is transnational in nature; ties with extremist and (or terrorist organizations, as well as corruption ties. The court may use one or several of these criteria.

Legal Duties and Legal Liabilities of Coaches toward Athletes

Directory of Open Access Journals (Sweden)

Mirsafian Hamidreza

2016-03-01

Full Text Available Background. It is undeniable that coaches play a major role in the development of athletes. Coaches and athletes have a close relationship and share various experiences that lead to a strong bond between them, and this is of great responsibility for the coach. Therefore, the coach should maintain this bond with mutual respect and trust. Various responsibilities are progressively placed on coaches by law to prevent or minimize injuries to athletes. In other words, since a coach is placed in a position of power and trust, the duty of care will always be placed on him. If certain requirements are not met, the coach may be held financially, or even criminally, liable. In this study, the author explains and discusses coaches’ legal duties, legal liabilities, and the elements required for liability of coaches toward athletes.

Comparison of criminal activity between Israeli veterans with and without PTSD.

Science.gov (United States)

Sherman, Shany; Fostick, Leah; Zohar, Joseph

2014-02-01

The literature, based on US Vietnam veterans, suggests that posttraumatic stress disorder (PTSD) is associated with increased criminal activity, especially violence, alcohol, and drug abuse, although more recent studies, which tested data from the United States as well as the United Kingdom, suggest a more moderate effect for this relationship. The current study examines Israeli veterans, who differ socioeconomically and have lower rates of substance abuse than veterans in previous studies. In this study, the social security numbers of 2,235 male veterans with PTSD and 2,235 matched control male veterans without a PTSD diagnosis were checked for criminal records in the Israeli Police criminal records database. Severity measures were also obtained for 273 veterans who are currently treated for PTSD by the Ministry of Defense. PTSD diagnosed veterans, as compared to controls, were slightly more likely to have criminal records (43%, n = 957/2235 versus 36%, n = 803/2235, Chi- square = 22.23, P legal authority." No difference was found in drugs or any other categories. In addition, criminal activity was not related to symptoms severity. More veterans with PTSD had their first criminal record after the traumatic event. Contrary to previous findings, in this large national cohort, only slight association was found between PTSD and criminal activity. The unique sample of Israeli veterans might account for this difference and suggest that PTSD per se might not be linked to increased criminal activity, violence, or substance abuse. © 2013 Wiley Periodicals, Inc.

THREE MODELS OF NATIONAL CRIMINAL POLICY IN THE CONTEXT OF GLOBALIZATION

Directory of Open Access Journals (Sweden)

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

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.

Debt as a Criminal Risk Factor in Denmark

DEFF Research Database (Denmark)

Olesen, Annette

2016-01-01

due to the ex-prisoners’ debt. Those convicted in Denmark are personally liable for their own legal costs. Thus, we must regard most ex-prisoners as being highly indebted to the state. The debt of ex-prisoners was generally understood as being the cause of financial problems, but legal regulation......Existing studies of crime preventive factors have illustrated that ex-prisoners who began a course of education, obtained employment and/or had permanent housing were less likely to relapse into crime. However, this study shows that the aforementioned crime preventing factors became less effective...... and informal punishment, as unintended consequences of indebtedness, were still poorly explored. This research indicates that legal regulation and informal punishment based on indebtedness may serve as an argument for considering debt as a criminal risk factor which has made the preventive factors less...

Debt as a Criminal Risk Factor in Denmark

DEFF Research Database (Denmark)

Olesen, Annette

2016-01-01

and informal punishment, as unintended consequences of indebtedness, were still poorly explored. This research indicates that legal regulation and informal punishment based on indebtedness may serve as an argument for considering debt as a criminal risk factor which has made the preventive factors less......Existing studies of crime preventive factors have illustrated that ex-prisoners who began a course of education, obtained employment and/or had permanent housing were less likely to relapse into crime. However, this study shows that the aforementioned crime preventing factors became less effective...... due to the ex-prisoners’ debt. Those convicted in Denmark are personally liable for their own legal costs. Thus, we must regard most ex-prisoners as being highly indebted to the state. The debt of ex-prisoners was generally understood as being the cause of financial problems, but legal regulation...

Labeling and the effect of adolescent legal system involvement on adult outcomes for foster youth aging out of care.

Science.gov (United States)

Lee, JoAnn S; Courtney, Mark E; Harachi, Tracy W; Tajima, Emiko A

2015-09-01

This study uses labeling theory to examine the role that adolescent legal system involvement may play in initiating a process of social exclusion, leading to higher levels of adult criminal activities among foster youth who have aged out of care. We used data from the Midwest Evaluation of the Adult Functioning of Former Foster Youth (Midwest Study), a prospective study that sampled 732 youth from Illinois, Iowa, and Wisconsin as they were preparing to leave the foster care system at ages 17 or 18. The youth were interviewed again at ages 19, 21, and 23 or 24. We used structural equation modeling to examine pathways to self-reported adult criminal behaviors from juvenile legal system involvement. The path model indicated that legal system involvement as a juvenile was associated with a lower likelihood of having a high school diploma at age 19, which was associated with a reduced likelihood of employment and increased criminal activities at age 21. Legal system involvement is more common among foster youth aging out of care, and this legal system involvement appears to contribute to a process of social exclusion by excluding former foster youth from conventional opportunities. (c) 2015 APA, all rights reserved).

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

with bvFTD and semantic variant of primary progressive aphasia than in those with AD and is more likely to be an early manifestation of the disorder. Judicial evaluations of criminality in the demented individual might require different criteria than the classic "insanity defense" used in the American legal system; these individuals should be treated differently by the law. The appearance of new-onset criminal behavior in an adult should elicit a search for frontal and anterior temporal brain disease and for dementing disorders.

The Evidentiary Value of DNA Fingerprint as Criminal Evidence

Directory of Open Access Journals (Sweden)

Mussa Masoud Irhouma

2016-12-01

Full Text Available The subject of criminal evidence is considered to be one of the greatest challenges that face authorities concerned with fighting crime at all levels. Due to this, authorities try to benefit as much as possible from scientific evidence due to the important role it plays in revealing the identity of criminals or victims in present or past criminal cases against unknown people through the physical traces that are found at the scene of an event, which include biological traces. DNA is one of these scientific evidences which can be benefited from in the field of crime investigation. Despite the importance of DNA technology in this area of work, there is still some debate surrounding its acceptance as criminal evidence. Some experts believe it to be of great importance whereas others cast doubt on its evidentiary value. They attribute this to a number of factors including the experts who are entrusted to examine DNA samples, the laboratories in which DNA analysis takes place, as well as the fact that resorting to DNA as a criminal evidence raises some legal complexities related to the permissibility of using it and the conditions and scope of its use. This paper sheds light on DNA and its evidentiary value among the judiciary in criminal cases by answering a number of questions such as the possibility of forcing a person to undergo DNA analysis or not to do so and to what extent it is to be relied upon as criminal evidence. This paper concluded the importance of DNA and its role in the field of criminal evidence. Despite this, even if the DNA evidence is sufficient in proving the innocence of the accused, it is only an indication that must not be solely relied upon and treated as a single conclusive evidence, particularly in cases that involve prescribed Islamic or retributive punishments.

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.

CRIMINALITY AT MINORS WITH MENTAL DEFICIENCY

Directory of Open Access Journals (Sweden)

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.

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....

Teoretical basis for the study of reparation by the state physical person, the victim of a criminal offence

Directory of Open Access Journals (Sweden)

Наталія Анатоліївна Хмельова

2016-06-01

Full Text Available Theoretical aspects of harm caused a criminal offence, that is, damage that is the basis for the adoption of measures to ensure reparation to the victim, in the science of civil procedural law received significant attention. However, despite the serious scientific elaboration of this problem and its issues, still have a lot of issues that are still insufficiently study, while they are essential for the theory of civil law. Analysis of recent research gives reason to believe that the affected problems has been the subject of research by scholars such as G. A. Atanesyan, S. P. Golubyatnikov, B. T. Bezlepkin, M. I. Goshovsky, O. I. Kuchinska, V. T. Nor, and others. However, the update of the regulatory material, in particular amendments to the Civil code of Ukraine, adoption of the new Criminal procedural code of Ukraine, can not affect scientific and practical interest in the conditions of modernity. Civil-legal nature of compensation of property harm involves understanding it as an object of tort obligations, which it is in civil law. In the legal literature there are two opposite positions of the scholars on this issue. Civil legislation proceeds from the principle of full compensation for losses. The concept of property damage caused by a criminal offence to the victim, covers: 1 caused by a criminal offence the face of a direct, imminent harm to his property and in monetary terms; 2 loss due to criminal offence, and income; 3 evaluated in monetary terms, the cost of treatment, prosthetics, restoration of health of the victim, and in case of his death, burial and payments for the maintenance of physical well-being and education of the disabled family members of the victim and their minor children; 4 the funds spent by state or municipal health protection institution on hospitalization of the person injured from the criminal offence. In summary clarification of the concept of property damage caused by a criminal offence, we distinguish three

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.

PROBLEM OF CRIMINAL REPRESSION, APPLIED OUTSIDE OF CRIMINAL LIABILITY

Directory of Open Access Journals (Sweden)

Vitaly Stepashin

2017-01-01

Full Text Available УДК 343.2A new institute of repressive measures applied outside the criminal liability in criminal law (including as a condition for exemption from criminal liability is forming now in Russian legislation. The author concludes that the provisions of the criminal law on monetary compensation and a court fine should be deleted because of the following reasons. 1 By their nature, and monetary compensation and a court fine, not being a formal punishment (and, therefore, a form of realization of criminal responsibility is a monetary penalty, i.e., penalty-punishment. Moreover, the rules of court fine destination identical rules of criminal sentencing. 2 Quantitatively court fine may exceed the minimum limits of criminal punish-ment in the form of fines. The dimensions of monetary compensation in the order of hours. Pt. 2, Art. 76.1 of the Criminal Code and at all close to the maximum values of fine-punishment. 3 Exemption from criminal liability requires states to refrain from prosecuting the person alleged to have committed a crime, which means that the nonuse of criminal repression. Regulatory standards analyzed, on the other hand, require mandatory use of repression, ie, virtually no exemption from criminal liability does not occur at all. 4 The use of a quasi-penalty in the form of monetary compensation and court fines are not an exemption from criminal responsibility, but on the contrary, the use of criminal repression (of responsibility, and in a simplified manner. 5 Contrary to the requirements of the Constitution and the Criminal Code of criminal repression is applied to persons whose guilt has not been established in the commission of a crime. Thus, in criminal law introduced a presumption of guilt. 6 Customization repression (in fact – of criminal responsibility in the application of the judicial penalty is substantially limited, and the application of monetary compensation is excluded at all, contrary to the requirement that the rough

General Principles of Transnationalised Criminal Justice?
Exploratory Reflections

Directory of Open Access Journals (Sweden)

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

Recognizing a fundamental liberty interest protecting the right to die: an analysis of statutes which criminalize or legalize physician-assisted suicide.

Science.gov (United States)

Tarnow, W J

1996-01-01

Physician-assisted suicide is one of the most controversial issues in society today. We live in an age where medical technology has developed so fast and so far that those who would have swiftly succumbed to deadly diseases in the not too distant past are now living, or, rather, being kept alive long past the point of meaningful existence. Although everyone sympathizes with the painful plight of the terminally ill, the specter of physician-assisted suicide gives many pause, and rightfully so: one need only think of the carbon monoxide contraption in the back of Dr. Death's infamous van to realize that society must address the issue of the right to die. Is there any solution to this great debate? In this note, Mr. William Tarnow passionately answers in the affirmative. Mr. Tarnow analyzes the constitutionality of state statutes which either criminalize or legalize physician-assisted suicide under both the Due Process and Equal Protection Clauses of the Constitution of the United States. The note also considers the case law, largely from the federal Ninth Circuit Court of Appeals, invalidating and upholding such statutes under the Constitution. Arguing that there is indeed a constitutional liberty interest in physician-assisted suicide, Mr. Tarnow concludes by suggesting that state legislatures can and must create legislation that legalizes physician-assisted suicide and passes constitutional muster.

The development of the penal system in Serbian criminal law

Directory of Open Access Journals (Sweden)

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.

Legal Liability and Risk Management in Outdoor Training.

Science.gov (United States)

Dynon, John; Loynes, Chris

1990-01-01

Describes duties and responsibilities of outdoor instructors under British criminal and civil law. Discusses elements of negligence under civil law including damage, duty of care, standard of care, in loco parentis, students' duty of care, foreseeability, and employer's legal duty. Presents risk management in terms of primary, secondary, and…

Value-orientation of the law vs. legal positivism

Directory of Open Access Journals (Sweden)

Trajković Marko

2014-01-01

Full Text Available The law cannot squeeze out values. Thus, it comes as an imperative of our reality to set the place for the law in the world of values. The world of values is not apart from our reality. In our reality the world of values is the purpose of everything that exists. Actually, it is about the demand to bring values into our reality. The meaning of values is absolute. The eternity of values immediately points to the absolute order of values, which as such has its 'homeland' in Creator. The issue of finding the place of the law in the world of values is a 'pre-legal' issue. Thereby the world of values is becoming the assumption of the existence and development of the law. Legal norm then becomes the formulation of values. Legal norm is not precious in itself, but only if it expresses fundamental values. Legal norm has to be the logical formulation, that is to say, it has to deliver the contents of value correctly and appropriately. As an expression of the value dimension legal norm obtains the binding power. Keeping in mind the legal norm defined in such a way, nobody can deny its necessity in reality. The law then expresses the contents of value and proposes the model of the ideal behavior. The fact that values have 'creating power' is thus proved to be true.

The English and Welsh perspective on legal aid for crime victims

OpenAIRE

Taylor, Louise

2014-01-01

The purpose of this paper is to give a brief overview of the English and Welsh Criminal Justice System and to explain the role of crime victims within it; to offer an insight into some of the soft law provisions that have been developed in England and Wales as alternatives to more formal provisions such as legal aid in offering protection and support to crime victims; and to question whether a right to legal aid to provide independent legal representation (ILR) for victims shou...

Non-imputability, criminal dangerousness and curative safety measures: myths and realities

Directory of Open Access Journals (Sweden)

Frank Harbottle Quirós

2017-04-01

Full Text Available The curative safety measures are imposed in a criminal proceeding to the non-imputable people provided that through a prognosis it is concluded in an affirmative way about its criminal dangerousness. Although this statement seems very elementary, in judicial practice several myths remain in relation to these legal institutes whose versions may vary, to a greater or lesser extent, between the different countries of the world. In this context, the present article formulates ten myths based on the experience of Costa Rica and provides an explanation that seeks to weaken or knock them down, inviting the reader to reflect on them.

THE LOWER LIMIT OF THE RIGHT TO LIFE OF THE PERSON IN THE LIGHT OF THE NEW CRIMINAL CODE

Directory of Open Access Journals (Sweden)

MIHAELA (ROTARU MOISE

2012-05-01

Full Text Available The right to life is one of the fundamental human rights both nationally and internationally, being provided and guaranteed by a series of legal acts. In the Romanian law, the right to life of the person as guaranteed by the article 22 paragraph (1 of the Constitution is also protected by criminal law. In judicial practice in this matter there was an important and interesting issue regarding the limits of the right to life of people or accurately determining the starting and ending of a person’s life. On this aspect, there were several points of view in the law literature, each grounded on its own way. In the current criminal law, the two aspects that I have mentioned above are linked, on the one hand, for instance to the issue of the legal classification of the fetal injury during birth until the cut of the umbilical cord and, on the other hand, to the thesis of tissue and organs for transplantation. The new Criminal Code is inspired by the European legislation. In relation to the criminal offences against the person it brings news to us by introducing a new offence, namely fetal injury, referred to in the article 202. Analyzing the legal content of this offence it is impossible not to call into question the situation of the lower limit of the right to life of the person.

An analysis of decision making and criminal outcomes in sexual offenders

OpenAIRE

Pedneault, Amelie

2015-01-01

In 1985, Clarke and Cornish proposed the rational choice framework to study criminal decision making. According to their approach, decisions of a criminal nature are not different than any other type of decision, and are thus orientated toward the satisfaction of commonplace needs. We adopted this approach and looked at a sample of 898 male sexual offenders as decision makers, framing their sexually coercive decisions as means to obtain desired outcomes. Clarke and Cornish specifically propos...

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.

Extradition In Criminal Justice System Related To Foreign Jurisdiction

Directory of Open Access Journals (Sweden)

Jan Samuel Maringka

2017-03-01

Full Text Available On extradition law in Indonesia is based from the fact that since the adoption of the Act in 1979, there have been fundamental changes in the criminal procedure ode in Indonesia, namely the enactment of Law No. 8 of 1981 on Criminal Proceedings and has the ratification of the International Covenant on Civil and Politics Rights (International Convention on Civil and political Rights, abbreviated as ICCPR under Law No. 12 of 2005 which requires Indonesia to immediately adjust its positive legal provisions in accordance with the principles set out in the ICCPR. Considering the purpose of extradition implementation as an effort to support law enforcement process and related to examination process in extradition case which is not different from the stages of case handling process as regulated in criminal procedure law, it is necessary to affirm the concept of extradition as an integral part of the enforcement process law so that the principle of due process can be implemented consequently in the process of extradition implementation.

Assessment of the Forensic Sciences Profession: A Legal Study Concerning the Forensic Sciences Personnel. Volume III.

Science.gov (United States)

Schroeder, Oliver, Jr.

The place and function of forensic sciences personnel in American criminal law and court procedure, and the criteria used by criminal trial judges and lawyers to assess the value of forensic sciences personnel were investigated. Federal, state, Virgin Island, and Puerto Rican laws were examined, and a search of the medical and legal literature…

THE CHILD OFFENDER UNDER THE AGE OF CRIMINAL LIABILITY

Directory of Open Access Journals (Sweden)

Niculina KARACSONY

2015-04-01

Full Text Available At European level crime among children represents a contemporary issue and in Romania, the philosophy of the new penal code approved by Law No 286/2009 is shaped around punishment. Prevention policy in Romania and juvenile justice objectives relative to age criteria outlines two different legal manners to address children's liability under the law. One is targeting the category of children between 0 and 14 years of age, which consideres the absolute inability of criminal responsibility and one that provides criminal liability starting from the age of 14. The sensitivity of the issue of children involved in unlawfull acts and the inventory of responses to it brought me to the necessity of research the types of approach and diversity of social services built around this target group.

Combating Rhino Horn Trafficking: The Need to Disrupt Criminal Networks.

Directory of Open Access Journals (Sweden)

Timothy C Haas

Full Text Available The onslaught on the World's wildlife continues despite numerous initiatives aimed at curbing it. We build a model that integrates rhino horn trade with rhino population dynamics in order to evaluate the impact of various management policies on rhino sustainability. In our model, an agent-based sub-model of horn trade from the poaching event up through a purchase of rhino horn in Asia impacts rhino abundance. A data-validated, individual-based sub-model of the rhino population of South Africa provides these abundance values. We evaluate policies that consist of different combinations of legal trade initiatives, demand reduction marketing campaigns, increased anti-poaching measures within protected areas, and transnational policing initiatives aimed at disrupting those criminal syndicates engaged in horn trafficking. Simulation runs of our model over the next 35 years produces a sustainable rhino population under only one management policy. This policy includes both a transnational policing effort aimed at dismantling those criminal networks engaged in rhino horn trafficking-coupled with increases in legal economic opportunities for people living next to protected areas where rhinos live. This multi-faceted approach should be the focus of the international debate on strategies to combat the current slaughter of rhino rather than the binary debate about whether rhino horn trade should be legalized. This approach to the evaluation of wildlife management policies may be useful to apply to other species threatened by wildlife trafficking.

Shadow writing and participant observation: a study of\\ud criminal justice social work around sentencing

OpenAIRE

Halliday, S.; Burns, N.; Hutton, N.; McNeill, F.; Tata, C.; University of Glasgow; University of Strathclyde; University of New South Wales

2008-01-01

The study of decision-making by public officials in administrative settings has been a mainstay of law and society scholarship for decades. The methodological challenges posed by this research agenda are well understood: how can socio-legal researchers get inside the heads of legal decision-makers in order to understand the uses of official discretion? This article describes an ethnographic technique the authors developed to help them penetrate the decision-making practices of criminal justic...

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.

The Legal Prerequisites of Juvenile Delinquency Mediation Institution Creation

Directory of Open Access Journals (Sweden)

Zabuga E. E.

2012-11-01

Full Text Available In the article the author analyzes the criminal procedure legislation of the Russian Federation, stresses the presence of prerequisites for creating the mediation institution in juvenile delinquency cases. In particular, here are considered the legal preconditions of utmost importance also at the international and national levels

To the admissibility of the civil law exemption of property from arrest, imposed in the criminal proceedings: domestic and foreign experience

Directory of Open Access Journals (Sweden)

Natalia Kashtanova

2017-01-01

Full Text Available The subject of paper deals with the legal nature of measures of criminal procedural compulsionin the form of seizure of property.Methodological basis of the article is based on general scientific dialectical methods of cognitionof objective reality of the legal processes and phenomena that allowed us to conduct anobjective assessment of the state of legislation and law enforcement practice in the proceduralaspects of the cancellation of the seizure of property in criminal proceedings of Russia.The results and scope of it’s application. It is submitted that the cancellation of the seizureof the property (or the individual limit is allowed only on the grounds and in the mannerprescribed by the criminal procedure law of the Russian Federation. However, the studyfound serious contradictions in the application of the relevant law. In particular, cases inwhich the question of exemption of property from arrest (exclusion from the inventory,imposed in the criminal case was resolved in a civil procedure that, in the opinion of theauthor of the publication, is extremely unacceptable.On the stated issues topics analyzes opinions of scientists who say that the dispute aboutthe release of impounded property may be allowed in civil proceedings, including pendingresolution of the criminal case on the merits. The author strongly disagrees with this positionand supports those experts who argue that the filing of a claim for exemption of propertyfrom arrest (exclusion from the inventory the reviewed judicial act of imposing of arrestwithout recognition per se invalid. In this regard, the author cites the legal position ofthe constitutional Court of the Russian Federation, from which clearly follows that of theright of everyone to judicial protection does not imply the possibility of choice of the citizenat its discretion, techniques and procedures of judicial protection, since the features of suchjudicial protection is defined in specific Federal laws

Punishing hypocrisy: the roles of hypocrisy and moral emotions in deciding culpability and punishment of criminal and civil moral transgressors.

Science.gov (United States)

Laurent, Sean M; Clark, Brian A M; Walker, Stephannie; Wiseman, Kimberly D

2014-01-01

Three experiments explored how hypocrisy affects attributions of criminal guilt and the desire to punish hypocritical criminals. Study 1 established that via perceived hypocrisy, a hypocritical criminal was seen as more culpable and was punished more than a non-hypocritical criminal who committed an identical crime. Study 2 expanded on this, showing that negative moral emotions (anger and disgust) mediated the relationships between perceived hypocrisy, criminal guilt, and punishment. Study 3 replicated the emotion finding from Study 2 using new scenarios where group agents were clearly aware of the hypocrisy of their actions, yet acted anyway. Again, perceived hypocrisy worked through moral emotions to affect criminal guilt and punishment. The current studies provide empirical support for theories relating hypocrisy and moral transgressions to moral emotions, also informing the literature on the role of moral emotions in moral reasoning and legal decision making.

Predictors of Legal Intervention in Child Maltreatment Cases.

Science.gov (United States)

Tjaden, Patricia G.; Thoennes, Nancy

1992-01-01

Analysis of records of dependency and criminal filings in 833 substantiated intrafamilial child abuse and neglect cases in 3 U.S. cities indicated that legal intervention was rare, with dependency filings and prosecutions in just 21% and 4% of the sample, respectively, although treatment plans and out-of-home placements occurred more frequently.…

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

Debt as a Criminal Risk Factor in Denmark

Directory of Open Access Journals (Sweden)

Annette Olesen

2016-09-01

Full Text Available Existing studies of crime preventive factors have illustrated that ex-prisoners who began a course of education, obtained employment and/or had permanent housing were less likely to relapse into crime. However, this study shows that the aforementioned crime preventing factors became less effective due to the ex-prisoners’ debt. Those convicted in Denmark are personally liable for their own legal costs. Thus, we must regard most ex-prisoners as being highly indebted to the state. The debt of ex-prisoners was generally understood as being the cause of financial problems, but legal regulation and informal punishment, as unintended consequences of indebtedness, were still poorly explored. This research indicates that legal regulation and informal punishment based on indebtedness may serve as an argument for considering debt as a criminal risk factor which has made the preventive factors less effective and has driven ex-prisoners farther from legitimate socio-economic advantaged affiliations and invited criminal behaviour.Estudios existentes sobre factores de prevención de delitos pusieron de manifiesto que era menos probable que los ex presos que iniciaron un curso de educación, consiguieron un empleo y/o tenían una vivienda permanente, recayeran en la delincuencia. Sin embargo, este estudio demuestra que los factores de prevención de delitos anteriormente mencionados resultan menos efectivos debido a la deuda de los ex prisioneros. En Dinamarca, los condenados deben hacerse cargo de sus propios costes legales. Por lo tanto, debemos considerar que la mayoría de los ex presos han contraído una alta deuda con el Estado. Generalmente, se entendía que la deuda de los ex prisioneros era causa de problemas financieros, pero había pocos estudios sobre la regulación legal y el castigo informal, como consecuencias no intencionadas del endeudamiento. Esta investigación indica que la regulación legal y el castigo informal basado en el

[Beginners' operations and medical specialist standards : Avoidance of criminal liability and civil liability].

Science.gov (United States)

Schneider, H

2018-05-16

In all phases, patients are entitled to receive medical treatment according to medical specialist standards. This does not mean that patients necessarily have to be treated by a medical specialist. Operations performed by "beginners", e. g. assistant physicians, are permitted. However, there are increased liability risks, both for the specialist and the assistant physician. Furthermore, there are risks of criminal responsibility for causing bodily harm by negligence or negligent manslaughter. This article portrays the requirements of civil liability and criminal responsibility concerning beginners' operations on the basis of cases and judgments of the Federal Court and the Higher Regional Courts in Germany. Additionally, the reception of the jurisprudence by the relevant legal literature will be discussed. Jurisprudence and legal literature categorize breaches of duty of care. Assistant physicians can be subject to contributory negligence liabilities, while specialists can bear liabilities for negligent selection, organization or supervision. Responsible specialist and assistant physicians can protect themselves (and the patient) and avoid legal risks by only performing operations adequate to their educational level or by delegating operations to beginners and ensuring intervention by a specialist by supervision of the operation which is suitable to the assistant physician's level of education.

Forensics for Dummies? Equality of arms in and on trial in Dutch criminal courts.

NARCIS (Netherlands)

van der Kemp, J.J.; Stalman, S.

2009-01-01

Forensic disciplines such as DNA-matching, pathology and psychology are often requested to report in criminal cases. Within the Dutch legal system forensic experts are court appointed and little use of second opinion or contra-expertise by the defence is seen. This makes that forensic reports

La orientación sexual ante el Tribunal Europeo de Derechos Humanos // Sexual orientation before the European Court of Human Rights

Directory of Open Access Journals (Sweden)

Estela Gilbaja Cabrero

2014-11-01

Afterwards, other relevant cases are studied, in which the ECHR analyzes the alleged discrimination based on sexual orientation in connection with Articles 3 (prohibition of torture and inhuman or degrading treatment or punishment, 10 (freedom of expression and 11 (freedom of assembly and association of the Convention. The main conclusions reached at the end of the work can be summarized as follows. First of all, criminalization of homosexual relations violates the right to respect for private life. In addition, differences based on sexual orientation need especially serious reasons not to be discriminatory. Moreover, the Court declares that same-sex couples need for legal recognition and protection as well as different-sex ones. As to filiation, the Court analyzes each case conferring the States certain margin of appreciation but within narrow limits.

Legal Principles and Legislative Instrumentalism

NARCIS (Netherlands)

Gribnau, J.L.M.; Soeteman, A.

2003-01-01

Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact,

[Legal issues of physician-assisted euthanasia part I--terminology and historical overview].

Science.gov (United States)

Laux, Johannes; Röbel, Andreas; Parzeller, Markus

2012-01-01

Under German criminal law, euthanasia assisted by the attending physician involves the risk of criminal prosecution. However, in the absence of clear legal provisions, the law concerning euthanasia has been primarily developed by court rulings and jurisprudential literature in the last 30 years. According to a traditional classification there are four categories of euthanasia: help in the dying process, direct active euthanasia, indirect active euthanasia and passive euthanasia. However, there is still no generally accepted definition for the general term "euthanasia". The development of the law on the permissibility of euthanasia was strongly influenced by the conflict between the right of self-determination of every human being guaranteed by the Constitution and the constitutional mandate of the state to protect and maintain human life. The decisions of the German Federal Court of Justice on euthanasia in the criminal trials "Wittig" (1984), "Kempten" (1994) and "Putz" (2010) as well as the ruling of the 12th Division for Civil Matters of the Federal Court of Justice (2003) are of special importance. Some of these decisions were significantly influenced by the discussions in the jurisprudential literature. However, the German Bundestag became active for the first time as late as in 2009 when it adopted the 3rd Guardianship Amendment Act, which also contains provisions on the legal validity of a living will independent of the nature and stage of an illness. In spite of the new law, an analysis of the "Putz" case makes it especially clear that the criminal aspects of legal issues at the end of a person's life still remain controversial. It is to be expected that this issue will remain the subject of intensive discussion also in the next few years.

The End of Doctrine?
On the Symbolic Function of Doctrine in Substantive Criminal Law

Directory of Open Access Journals (Sweden)

Ferry de Jong

2011-10-01

Full Text Available Recently, there have been various developments within Dutch substantive criminal-law doctrine that in some important ways suggest a shift towards a common-law conception of judicial interpretation in different topics which are central to substantive criminal law. The developments suggest that criminal-law doctrine in the Netherlands is becoming sketchier and is losing some theoretical profundity. Building on Cassirer's philosophy of symbolic forms, Shapiro's planning theory of law, and Wittgenstein's considerations on rule-following, this article aims to contribute to a description of the independent function of doctrine in substantive criminal law, by addressing the question as to how, and in what sense, doctrine 'helps' the court in applying the statutory and non-statutory criminal-law norms. It is argued that the law constitutes a 'symbolic form' that is to some extent disassociated from the social life-world, and that is construed by way of sophisticated, shared forms of 'social planning'. These forms of social planning form parts of a 'practice' governed by a specific 'legal point of view'. It is further argued that criminal-law doctrine, in a radical sense, comprises a form of proceduralization, by means of which the adjudicating judge is 'directed' to a certain position within the criminal law's symbolically construed space. It is concluded that criminal-law doctrine fulfils an important function in 'situating' the judge, and in 'prompting' or 'compelling' the judge, from his subjective position, to apply a criminal-law norm in an objectively correct manner.

CONTRAVENTION AND CRIMINAL LIABILCONTRAVENTION AND CRIMINAL LIABILITY FOR PRACTICE OF UNFAIR COMPETITIONITY FOR PRACTICE OF UNFAIR COMPETITION

Directory of Open Access Journals (Sweden)

RUJAN ION CRISTINEL

2014-10-01

Full Text Available The commercial activity primarily presumes the compliance with the legal provisions relating to the acts and deeds of commerce. The commercial activity is, from a legal perspective, a correct exercise of the ownership and free initiative by the legal person in the commercial activities, the business conduct being necessary to circumscribe the legal rules that govern the commercial market. This article has as starting point on the one hand the need for legal provisions ensuring a real protection to the Romanian consumers exposed to unfair trade practices, and on the other hand of some comprehensive legal stipulations on tradesmen’s contravention and criminal liability that show an unfair competitive conduct. The general regulatory framework regarding the unfair competition consists of the Law no. 11/1991 on combating the unfair competition, the legal stipulations which relate to the European provisions on the matter, namely the Directive 2005/29/EC of the European Parliament and of the Council from May 11th 2005 concerning unfair commercial practices of enterprises in the internal market to consumers and amending the Directive 84/450/EEC of the Council, of the Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC no. 2006/2004 of the European Parliament and of the Council. The European legislation includes the stipulations regarding the unfair commercial practices prohibited in the E.U. space, as well as the stipulations relating to the economic interests of consumers who enter into transactions with tradesmen. In this respect, the European regulations deem unfair trade practices those acts or actions that violate the principles of professional diligence and which may influence the commercial decisions of consumers, being categorized as misleading practices and aggressive commercial practices. In accordance with the provisions of the Law no. 11/1991 on combating the unfair competition, with

Clinical characteristics and legal consequences of violent behavior: a case of bipolar disorder.

Science.gov (United States)

Gómez-Durán, E L; Carrión, M I; Xifró, A; Martin-Fumadó, C

2010-01-01

The main subject of criminal proceedings is that of criminal responsibility, from this point of view bipolar disorders sometimes seem to be a neglected subject in legal scholarship. Yet they may affect decision-making across the spectrum of the law, especially when manic and psychotic symptoms are implicated. This case studies a 37-year-old woman, diagnosed with bipolar affective in disorder, who attacked the neighbour of her ex-husband during a manic episode with psychotic symptoms. Two groups of those psychotic symptoms are especially remarkable: delusions and experiences of influences playing on her body and thought insertion (threat/control–override symptoms). Hostility against her ex-husband was also implicated in the attack. Researchers have pointed all those symptoms as important predictors of violence, and they have determinant legal correlates.

[Direct genetic manipulation and criminal code in Venezuela: absolute criminal law void?].

Science.gov (United States)

Cermeño Zambrano, Fernando G De J

2002-01-01

The judicial regulation of genetic biotechnology applied to the human genome is of big relevance currently in Venezuela due to the drafting of an innovative bioethical law in the country's parliament. This article will highlight the constitutional normative of Venezuela's 1999 Constitution regarding this subject, as it establishes the framework from which this matter will be legally regulated. The approach this article makes towards the genetic biotechnology applied to the human genome is made taking into account the Venezuelan penal law and by highlighting the violent genetic manipulations that have criminal relevance. The genetic biotechnology applied to the human genome has another important relevance as a consequence of the reformulation of the Venezuelan Penal Code discussed by the country's National Assembly. Therefore, a concise study of the country's penal code will be made in this article to better understand what judicial-penal properties have been protected by the Venezuelan penal legislation. This last step will enable us to identify the penal tools Venezuela counts on to face direct genetic manipulations. We will equally indicate the existing punitive loophole and that should be covered by the penal legislator. In conclusion, this essay concerns criminal policy, referred to the direct genetic manipulations on the human genome that haven't been typified in Venezuelan law, thus discovering a genetic biotechnology paradise.

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...

Violência doméstica e Juizados Especiais Criminais: análise a partir do feminismo e do garantismo Domestic violence and Special Criminal Courts: analysis from the legal feminism and penal criticism perspectives

Directory of Open Access Journals (Sweden)

Carmen Hein de Campos

2006-09-01

Full Text Available Este artigo pretende demonstrar a possibilidade de análise crítica da Lei 9.099/95 a partir de dois discursos considerados marginais no campo do direito penal: o feminismo jurídico e o garantismo penal. Considerando a vítima no momento do crime e o autor do fato durante o processo penal, esses discursos interagem, procurando construir um diálogo para demonstrar a ineficácia da lei em ambas as perspectivas.This article aims at demonstrating the possibility of criticism about the criminal law (Lei 9.099/95 from two perspectives seen as marginal within penal law studies: the legal feminism and the penal criticism (garantismo. Taking into account the victim's condition and the defendant's rights during the criminal proceedings, such discourses are linked to show the inefficacy of that law towards both the victim and the defendant.

Sistema penal acusatorio en Veracruz/Adversarial criminal system in Veracruz

Directory of Open Access Journals (Sweden)

Jorge Alberto Pérez Tolentino (México

2014-01-01

Full Text Available El estudio y comprensión del nuevo Código de Procedimientos Penales de Veracruz resulta ineludible, en virtud de las nítidas diferencias existentes entre las figuras jurídicas que contiene el actual ordenamiento, en comparación con el anterior. Es preciso sistematizar, describir y analizar la estructura del sistema penal acusatorio, a efecto de estar en condiciones de evaluar y, en su caso, proponer las mejoras al sistema en cuestión. El contenido esquemático y sustancial del código, la visión y recepción que del mismo tienen los operadores jurídicos y la sociedad en general, son aspectos que cubre el presente documento. The study and understanding of the new Code of Criminal Procedure of Veracruz is unavoidable, by reason of the sharp differences between the legal concepts that contains the actual order, compared with the previous. Needs to be systematized, describe and analyze the structure of the adversarial criminal system, in order to be able to evaluate and, if necessary, propose improvements to the system in question. The schematic and substantial content of the code, viewing and welcome that the same have the legal practitioners and society in general, are aspects covered by herein.

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.

REFORM OF THE RUSSIAN ANTI-CORRUPTION LEGISLATION: OECD ECONOMIC CONDITION OR LEGAL IMPORTANCE

Directory of Open Access Journals (Sweden)

Elina L. Sidorenko

2014-01-01

Full Text Available In this paper we define the prospects for the criminalization of promises and offers a bribe to a foreign official or an official of a public international organization in the Russian criminal law. Despite the increased interest in the problem of implementation of international law in the national legal system, many aspects of the topic studied. These include punishment, the possibility of establishing criminal liability for bribery. OECD anti-corruption standards considered in working with three positions: through Russia ratified the convention, through the analysis of the experience of the criminalization of bribery of foreign public officials in foreign legislation and from the perspective of the established system of national criminal and administrative law. The paper presents a systematic analysis of the proposal and the promise of a bribe as socially dangerous acts. Refined methods of implementation of anti-corruption standards in the Russian legislation. Problems has led to widespread use of the system, comparative law and documentary approaches. The paper concludes formulate concrete proposals to improve the criminal law and identifies strategic directions of modern anti-corruption policy.

Reform Of The Russian Anti-Corruption Legislation: Oecd Economic Condition Or Legal Importance

Directory of Open Access Journals (Sweden)

Elina L. Sidorenko

2014-01-01

Full Text Available In this paper we define the prospects for the criminalization of promises and offers a bribe to a foreign official or an official of a public international organization in the Russian criminal law. Despite the increased interest in the problem of implementation of international law in the national legal system, many aspects of the topic studied. These include punishment, the possibility of establishing criminal liability for bribery. OECD anti-corruption standards considered in working with three positions: through Russia ratified the convention, through the analysis of the experience of the criminalization of bribery of foreign public officials in foreign legislation and from the perspective of the established system of national criminal and administrative law. The paper presents a systematic analysis of the proposal and the promise of a bribe as socially dangerous acts. Refined methods of implementation of anti-corruption standards in the Russian legislation. Problems has led to widespread use of the system, comparative law and documentary approaches. The paper concludes formulate concrete proposals to improve the criminal law and identifies strategic directions of modern anti-corruption policy.

Determining criminal responsibility: How relevant are insight and personal attitudes to mock jurors?

Science.gov (United States)

Jung, Sandy

2015-01-01

High levels of insight are interpreted as indications of a treatment compliance and good outcome by clinical professionals. However, it is unclear whether a defendant's insight plays a role in the decision-making of jurors when determining criminal responsibility. It may be the case that personal biases and attitudes toward the mentally ill and the insanity defense are more relevant in such decisions. This study examines the influence of two core dimensions of insight and personal attitudes on juror decision-making. Participants read trial scenarios describing a defendant who is accused of a violent crime and is diagnosed with schizophrenia. Assigning a verdict of not criminally responsible to the defendant was not influenced by insight, but instead, by supportive attitudes of the insanity defense and higher attributions of blame to external factors and to psychological factors. These findings highlight the need for continued investigation in the area of extra-legal factors that guide legal decision-making when defendants have a mental disorder. Copyright © 2015 Elsevier Ltd. All rights reserved.

Alternatives to criminal procedure against juvenile and young adult offenders and alternative to criminal procedure in the cases of domestic violence

Directory of Open Access Journals (Sweden)

Cvjetko Božica

2006-01-01

Full Text Available In the paper, the author is analyzing the Act on juvenile courts of the Republic of Croatia, which foresees a broad possibility of implementing the principle of opportunity in the pre-trial, i.e. reinvestigation phase of the procedure in terms of the decision of the public prosecutor about the criminal charge against these persons, including the implementation of particular obligations as informal sanctions. Particular attention is paid to the special obligation called off-court agreement. The aim of the off-court agreement is “reconciliation between the juvenile or young adult offender and the victim of the crime, and establishment of the social peace”. Similar project and the implementation of the principle of opportunity is used in the cases of the criminal offence of domestic violence. The main aim of these obligations is to offer professional assistance to the families which are in crisis and have difficulties related to the violent behavior of one family member - mostly the father. Such an approach is more efficient than the long lasting criminal procedure, testifying and strengthening the crisis in the family. This paper gives also an insight into the legal provisions concerning this measure and its implementation in practice.

A SOUTH AFRICAN PERSPECTIVE ON MUTUAL LEGAL ASSISTANCE AND EXTRADITION IN A GLOBALIZED WORLD

Directory of Open Access Journals (Sweden)

Murdoch Watney

2012-08-01

Full Text Available This contribution focuses on the modalities of mutual legal assistance and extradition from a South African perspective. The question is posed whether South Africa has succeeded to establish the required framework as a fully fledged member of the international community to make a positive contribution in the fields of mutual legal assistance and extradition subsequent to its international political isolation during the apartheid era. Although the international community derives substantial benefit from a borderless global world, it has as a result also to deal with the negative impact of globalization on international crime. Physical and/or electronic crimes are increasingly committed across borders and may be described as borderless, but law enforcement (combating, investigation and prosecution of crime is still very much confined to the borders of a state. Criminal networks have taken advantage of the opportunities resulting from the dramatic changes in world politics, business, technology, communications and the explosion in international travel and effectively utilize these opportunities to avoid and hamper law enforcement investigations. As a sovereign state has control over its own territory it also implies that states should not interfere with each other’s domestic affairs. The correct and acceptable procedure would be for a state (requesting state to apply to another state (requested state for co-operation in the form of mutual legal assistance regarding the gathering of evidence and/or extradition of the perpetrator. Co-operation between states are governed by public international law between the requesting and requested state and the domestic law of the requested state. The South African legislature has increasingly provided for extraterritorial jurisdiction of South African courts in respect of organized crime and terrorism. It does however appear that existing criminal justice responses are experiencing challenges to meet the

Criminal systematic and limits of Proposals Functionalists ( Weightings About Warranties , Citizenship and Human Rights

Directory of Open Access Journals (Sweden)

Felipe Augusto Forte de Negreiros Deodat

2016-06-01

Full Text Available Make a critique of functionalism means looking at the history of the construction of the penal systems. It is observed that the rigor of analysis is something that is imposed when we have a system as a tool work. It is essential for that what now arises in legal and criminal terms sees as the study of criminal law should be increasingly precise and also closer to the idea of human dignity. It will also be built a criticism for the two doctrines that have changed the face of the first systematic, designed in the nineteenth, which will allow us to see more accurately what can, or even should, be changed. One cannot help but praise the normativism, especially what received the indelible strengthening of the cultivators of criminal science of the past half century.

Controle de armas de fogo no Brasil, criminalidade e autodefesa / Gun control in Brazil, criminality and self-defense

Directory of Open Access Journals (Sweden)

Rodrigo Sérgio Ferreira de Moura

2016-10-01

Full Text Available Purpose – Discuss the firearms control in Brazil, highlighting the State’s inefficiency to deter the access of criminals to weapons and reduce the increase of crimes, especially homicides, leaving citizens unprotected, at their own fate, without any mechanism at their disposal. Methodology/approach/design – Analysis of the literature and standards on firearms and ammunition control in Brazil, on violent deaths by firearms indexes, on the legal self-defense issue, on crime rates after the Disarmament Statute. Findings – The firearm control adopted in Brazil has been ineffective in fighting criminality and reducing violence, particularly homicides. This model solely prioritizes the restriction and difficult on the acquisition of guns and ammunitions by citizens, since it neither have mechanisms to effectively disarm criminals and restrain the firearms black market, nor prevent its illegal entrance across our borders. Despite the guarantee of self-defense in our legal system for life protection, the Brazilian State has not brought any means to guarantee this provision or has made it difficult enough for those who have a need or choose to exercise it. Practical implications – This paper demonstrates the ineffectiveness of firearms control in Brazil and all the barriers for self-defense, facing the rising criminality rates and the State’s impotence in maintaining public peace.

Repercussions of modified procedural roles on determining the facts in criminal proceedings

Directory of Open Access Journals (Sweden)

Ilić Ivan

2014-01-01

Full Text Available The main characteristic of the new Code of Criminal Procedure, 2011, which is based on adversial principle, is changed position of the main subjects. The public prosecutor gets more active role. It is head of the pre-investigative procedure and the investigation. At trial, the role of the parties emphasized, while the role of the court passivated. The Court adjudicate and manage the process, while in the presentation of evidence, for the proper and complete determination of the facts, his role significantly diminished. The court is not obliged ex officio to determine the truth, and the principle of truth is omitted from the basic principles of criminal procedure. Evidentiary initiative is, largely, up to the parties, while the court granted subsidiary role. Basis of the work is the thesis that the Code of Criminal Procedure from 2011, based on the truth principle, which is also the goal of the procedure. In fact, while working on the development of the legal text, and after of the adoption, to the beginning of its application in full range, in professional community there were lots of papers, which cast doubt on the principle of truth existence, in the currently valid procedural law of Serbia. Although this principle is not actually explicitly stipulated in the text of the new CPC, the author proves his existence by analyzing of certain provisions of the law, which has significantly altered the position of the main criminal procedural subjects, in terms establishing the facts in criminal proceedings. The author argues that the truth about a criminal matter remains the highest goal of the procedure, despite the fact that the concept of criminal proceedings is set on the adversial model od criminal proceedings.

Criminal law repercussions on the Civil Protection System

Science.gov (United States)

Altamura, M.; Musso, L.

2009-09-01

The legal systems of our Countries provide the citizenship with a high level of protection. Personal safety and the protection of property are guaranteed by the State through organized structures among which we can include the Civil Protection. The progress of science and technology has greatly improved monitoring tools, currently used by the Civil Protection, which allow, to a certain extent, to predict and prevent risk and natural hazards. The assertion of an individual right, which in some cases has reached a constitutional rank, to benefit from Civil Protection services and the widespread perception throughout the citizenship of the competence of the system to prevent disasters, often causes people to take legal action against Civil Protection authorities should they fail in their duties to protect. However, the attempt of having both recognized an economic compensation for the suffered loss and the punishment of those whom misled, frequently undergoes criminal law. This process could have results that may jeopardize the effectiveness of Civil Protection service without meeting citizens’ demands. A dual effort is thus necessary in order to solve such a problem. On the one hand, an interdisciplinary knowledge needs to pervade criminal law in an attempt to relieve its self-referentiality and pretended supremacy. On the other hand an alternative, and more agile, system -such as civil or administrative law- has to be identified in order to respond to the legitimate requests for protection in the case of a faulty behaviour of the authorities.

Conflicts of Criminal Jurisdiction in the European Union

Directory of Open Access Journals (Sweden)

Frank Zimmermann

2015-07-01

Full Text Available Conflicts of criminal jurisdiction between the Member States belong to the most difficult challenges that the European Union has to face in order to establish a true “area of freedom, security and justice”. This article starts with an analysis of the interests that are affected by such conflicts: on the one hand, they are most problematic for the individual because they can lead to repeated or simultaneous proceedings in different Member States and forum shopping by prosecution authorities. What is more, they can even make it impossible to foresee whether and how severely an act will be punished. Thus, essential criminal law and procedure guarantees like ne bis in idem, the principle of legality, the right to a court established by law as well as the right to an effective defence are jeopardised. On the other, the Member States involved often have a legitimate interest in prosecution—or non-prosecution—and risk to spend their financial and personnel resources for ineffective parallel proceedings. In order to avoid conflicts of criminal jurisdiction, various models are conceivable. However, the most convincing one—according to the author’s opinion—builds upon a combination of different elements: a hierarchy of jurisdictional links should form the basis, but it would have to be complemented with provisions allowing for more flexibility in precisely defined circumstances. With this in mind, this article calls for the adoption of an EU regulation in order to solve the most urgent problems arising from conflicts of criminal jurisdiction and makes concrete suggestions as to its drafting.

Application of legal measures as part of the policy for prevention of corruption in public sphere: Kosovo case

Directory of Open Access Journals (Sweden)

Vilard Bytyqi

2016-07-01

Full Text Available This paper will address the application of legal measures as part of the policy of corruption prevention in the public sphere. At present, corruption offenses have become a very dangerous phenomenon for the stability and security of societies, undermining the institutions and values of democracy, ethical values and justice, and jeopardizing the essential development and the rule of law. Knowing that these criminal offenses carry a high social risk and are conducted with high professionalism from people who have the state power, a greater focus should be placed on its prevention. Naturally, the criminal sanctions against criminal acts of corruption have their positive effect, punitive and preventive, but these are the last measures that the state should use. The state of Kosovo in an effort to prevent corruption, has established in legal terms an advanced legislation in accordance with international laws and comparable to developed countries.

Non-Traditional Students and Critical Pedagogy: Transformative Practice and the Teaching of Criminal Law

Science.gov (United States)

Menis, Susanna

2017-01-01

This article explores the practical implication of adopting critical pedagogy, and more specifically critical legal pedagogy, in the teaching of non-traditional students in higher education context. It is based on the teaching of criminal law at Birkbeck School of Law, addressing learning tasks which have been designed to enhance students'…

Technological innovations in forensic genetics: social, legal and ethical aspects.

Science.gov (United States)

Wienroth, Matthias; Morling, Niels; Williams, Robin

2014-01-01

This paper discusses the nature of four waves of technological innovations in forensic genetics alongside the social, legal and ethical aspect of these innovations. It emphasises the way in which technological advances and their socio-legal frameworks are co-produced, shaping technology expectations, social identities, and legal institutions. It also considers how imagined and actual uses of forensic genetic technologies are entangled with assertions about social order, affirmations of common values and civil rights, and promises about security and justice. Our comments seek to encourage the participation of scientific actors in the development of anticipatory governance deliberations concerning the widening application of forensic genetics in an increasing number of criminal and civil jurisdictions.

On the obstacles and solutions in the application of Chinese criminal legal aid system

Directory of Open Access Journals (Sweden)

Wang Sh.

2016-06-01

Full Text Available the article discovers the problem of application of Chinese legal aid system, which is very low. The problem should be solved as below. The author suggests strengthening the education to investigators, changing the way of employing legal aid lawyers and clarify the content of the right informing and applying for legal aid system. These actions application might well improve the situation.

Establishing Trafficking in Human Beings for the Purpose of Organ Removal and Improving Cross-Border Collaboration in Criminal Cases: Recommendations

OpenAIRE

Holmes, Paul; Rijken, Conny; D'Orsi, Sergio; Esser, Luuk; Hol, Floor; Gallagher, Anne; Greenberg, Galit; Helberg, Louis; Horvatits, Lisa; McCarthy, Sean; Ratel, Jonathan; Scheper-Hughes, Nancy; Forsythe, John

2016-01-01

Abstract In this short summary report on the legal definition of trafficking in human beings for the purpose of organ removal and improving cross-border collaboration in criminal cases, challenges, and recommendations in the areas of defining the crime, criminal investigation and prosecution, and cross-border cooperation are made. These are the outcomes of a working group discussion during the writers' conference of the HOTT project, a European Union-funded project against trafficking in huma...

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.

Protection provided by criminal law against hazards of nuclear energy and the harmful effects of ionizing radiation

International Nuclear Information System (INIS)

Reinhardt, M.

1989-01-01

The subjects, principles and purpose of the atomic energy law and the radiation protection law are set out, and criminal offences under atomic energy law are outlined explaining the legal terminology applied. The peaceful uses of nuclear energy and radioactive materials are briefly discussed, primarily looking at the hazards involved and the protective role of criminal law principles that have been developed in connection with the atomic energy law and its application in practice. The draft version of the 16th criminal law amendment act - Act to combat environmental delinquency - is discussed, which aims at adoption of all criminal offences under atomic energy law by the Criminal Code. The book furthermore presents considerations about basic features of delinquency under atomic energy and radiation protection law, revealing elements and facts of offences defined, and particular problems resulting thereof. The question arises, e.g., whether an incorporation of the provisions into the Special Annex to the Criminal Code, in sections 27 and 28, is a wise and suitable decision. The book finally discusses the development of definition of criminal offences by a de lege feranda approach, referring to (1) the Chernobyl reactor accident, (2) the Nuclear Safeguards agreements, and (3) the definition of maximum permissible radiation dose. (HP) [de

The Exploration of the Judge's Evaluation of Evidence through Inner Conviction on Whether Internet Messages Can be Evidence for Adultery in the Criminal Law---An Explication by Legal Positivism and Philosophical Theory

Directory of Open Access Journals (Sweden)

Cathy T. H. Chen

2009-06-01

Full Text Available Due to the rapid development of the internet, cyber crime has become a big issue in the information society. Among others, adultery via internet is one of the serious issues.　Adultery in Taiwan’s Criminal Law means sexual intercourse between a married person and one who is not his or her spouse. The couple in question cannot be accused of adultery if no substantial evidence of sexual intercourse is found, even though we have at hand their internet messages involving obscene words that indicate the adulterous relationship. Recently in Taiwan, there have been cases in which the offense of adultery is established by internet and MSN messages, which is a breakthrough in Taiwan’s legal practice. But the question is: Can internet messages count as any substantial evidence in current legal principle and practice? Criticisms have come in like floods, for there is no answer in the precedents.　This paper is subsequent to the one presented by the first author in the e-Society conference in August, 2007. Adopting the latest legal empirical study in Taiwan and supported interdisciplinarily by the argumentation of analytic philosophy, this

Abortion in Iranian legal system: a review.

Science.gov (United States)

Abbasi, Mahmoud; Shamsi Gooshki, Ehsan; Allahbedashti, Neda

2014-02-01

Abortion traditionally means, "to miscarry" and is still known as a problem which societies has been trying to reduce its rate by using legal means. Despite the pregnant women and fetuses have being historically supported; abortion was firstly criminalized in 1926 in Iran, 20 years after establishment of modern legal system. During next 53 years this situation changed dramatically, so in 1979, the time of Islamic Revolution, aborting fetuses before 12 weeks and therapeutic abortion (TA) during all the pregnancy length was legitimate, based on regulations that used medical justification. After 1979 the situation changed into a totally conservative and restrictive approach and new Islamic concepts as "Blood Money" and "Ensoulment" entered the legal debates around abortion. During the next 33 years, again a trend of decriminalization for the act of abortion has been continuing. Reduction of punishments and omitting retaliation for criminal abortions, recognizing fetal and maternal medical indications including some immunologic problems as legitimate reasons for aborting fetuses before 4 months and omitting the fathers' consent as a necessary condition for TA are among these changes. The start point for this decriminalization process was public and professional need, which was responded by religious government, firstly by issuing juristic rulings (Fatwas) as a non-official way, followed by ratification of "Therapeutic Abortion Act" (TAA) and other regulations as an official pathway. Here, we have reviewed this trend of decriminalization, the role of public and professional request in initiating such process and the rule-based language of TAA.

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...

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

Corporal punishment in light of the criminal policies of the religious state

Directory of Open Access Journals (Sweden)

Mohammad Mahdi AnjomShoae

2011-07-01

Full Text Available In the Islamic Republic of Iran in which a Muslim jurist has absolute authority over all its pillars and affairs, the supreme leader’s views play an important role both directly in determining the criminal policy for confronting and preventing behavioral and moral corruptions (as a part of general policies of system, and indirectly in passing and approving laws in accordance and agreement with the standards of Islamic Shariah. Disciplining and punishing children as a part of criminal policy in the jurisprudential teachings of Islam are recognized as a right for parents and the approved laws also confirm this. However, restrictions such as observing the limits of custom and expediency are the requirements for exercising this right that has a great influence on adjusting it and protecting children. Disciplining child offenders by the courts and juvenile centers is one of the mechanisms that govern the criminal policy to confront the abnormal behavior of children and in fact replace corporal punishment and rough behavior which result in normal controlled reactions. In the international view, adoption of CRC (Convention on the Rights of Child by the Islamic Republic of Iran with reservations can raise some misconceptions regarding the contradiction between domestic law and religious opinions on the matter with international law and may cast doubt on its international commitments. In addition to describing the legal status of corporal punishment of children, this study will reveal the position of the legal system of the Islamic Republic of Iran towards this important international document more than before.

Legal implications of genetics and crime research.

Science.gov (United States)

Denno, D W

1996-01-01

Two controversial topics dominate discussions of the legal implications of genetics and crime research; (1) the viability and politics of such research, which has sparked fervent debate in the USA; and (2) the current status of new or atypical criminal law defences, which would include a genetic-defect defence to criminal behaviour. This chapter begins by examining the scientifically discredited XYY chromosome syndrome defence, the major genetic-defect defence that defendants have attempted, albeit unsuccessfully. It then focuses on attorneys' efforts to test for evidence of genetic abnormality in the recent and highly publicized case involving convicted murderer Stephen Mobley, whose family history reveals four generations of violent, aggressive and behaviourally disordered men and women. Mobley is currently appealing his death sentence before the Georgia Supreme Court on the basis that the trial court denied his request both to have genetic testing performed and to have such testing allowed as evidence into court. This chapter concludes by emphasizing that the question is not whether genetic evidence will ever be admitted into court, but when and under what kinds of circumstances. No doubt, genetic evidence, and comparable kinds of biological evidence, will have a major impact on juries when such evidence is more fully accepted by the legal and scientific communities.

Comparative review of the investigation and confiscation of criminal assets

Directory of Open Access Journals (Sweden)

Lajić Oliver

2012-01-01

Full Text Available In introduction author points to the necessity of adopting the institute of confiscation of criminal assets, supported by international experience, primarily due to the weakness of previously known institute confiscation of the proceeds of crime (for which the offender is being tried, showed in front of the phenomenon of organized crime. In doing so, he analyzes the modalities of confiscation of criminal origin present in modern legal systems and emphasizes the required standard of proof, as one of the key factors of their particularity. The following is a comparative review of the system for investigating and confiscation of criminal assets in Italy, Great Britain, Ireland, the Netherlands, Germany, France and the United States. There are emphasized the normative elements which affect to scope of application of this institute, especially in light of its connection to the criminal proceedings, as well as jurisdiction to realization of the investigation process and procedure of confiscation. In the final part, the author concludes that appropriate social and institutional responses are very important for the effective fight against crime, every time if there is a suspicion about illegally acquired wealth. In doing so, particular attention arouses organized crime, particularly in the light of contemporary global trends, which, unfortunately, significantly affect the possibility of the development of organized crime, and development and/or covering up its financial component. In this sense, the author emphasizes that the basic characteristics of the system for investigation and confiscation of criminal assets connected to the criminal proceedings, which are used in developed European countries and the United States: (1 changed the rules of evidence, which means less convenient role of suspects, (2 the application of this mechanism to a limited number of crimes, which often includes drug trafficking and other serious crimes or organized crime, and

From arrest to sentencing: A comparative analysis of the criminal justice system processing for rape crimes

Directory of Open Access Journals (Sweden)

Joana Domingues Vargas

2008-01-01

Full Text Available The current article is intended to demonstrate the advantages of prioritizing an analysis of court caseload processing for a given type of crime and proceeding to a comparison of the results obtained from empirical studies in different countries. The article draws on a study I performed on rape cases tried by the court system in Campinas, São Paulo State, and the study by Gary LaFree on rape cases in the United States, based on data in Indianapolis, Indiana. The comparative analysis of determinants of victims' and law enforcement agencies' decisions concerning the pursuit of legal action proved to be productive, even when comparing two different systems of justice. This allowed greater knowledge of how the Brazilian criminal justice system operates, both in its capacity to identify, try, and punish sex offenders, and in terms of the importance it ascribes to formal legal rules in trying rape cases, in comparison to the American criminal justice system.

The International Criminal Court and the construction of International Public Order

Directory of Open Access Journals (Sweden)

Sofia Santos

2014-11-01

Full Text Available Envisioning an international public order means envisioning an order sustained by a legal and institutional framework that ensures effective collective action with a view to defending fundamental values of the international community and to solving common global problems, in line with the universalist vision of international law. Envisioning the construction of an international public order means considering that this framework, which embraces and promotes the respect for human rights focused particularly on human dignity, is consolidating and evolving based on the International Criminal Court (ICC. The establishment of the ICC added an international punitive perennial facet to international humanitarian law and international human rights law and linked justice to peace, to security and to the well-being of the world, reaffirming the principles and objectives of the Charter of the United Nations (UN. Nevertheless, the affirmation process of an international criminal justice by punishing those responsible for the most serious crimes of concern to the international community as a whole, faces numerous obstacles of political and normative character. This article identifies the central merits of the Rome Statute and ICC’s practice and indicates its limitations caused by underlying legal-political tensions and interpretive questions relating to the crime of aggression and crimes against humanity. Finally, the article argues for the indispensability of rethinking the jurisdiction of the ICC, defending the categorization of terrorism as an international crime, and of articulating its mission with the "responsibility to protect", which may contribute to the consolidation of the ICC and of international criminal law and reinforce its role in the construction of an effective international public order.

The problem of the content of the recognition of the testimony of the informers towards the concept of just cause for the regular exercise of the criminal action

Directory of Open Access Journals (Sweden)

Walter Barbosa Bittar

2017-03-01

Full Text Available This article analyzes the conceptual problems regarding the legal nature of the plea bargaining and the just cause, seeking to establish limits regarding the recognition of the content of the version presented by the informers, with greater attention to the probative value, as seen in the Brazilian legal system, seeking if it is possible to include the content of what can be understood as accepted just cause, or not, as a legitimate requirement for the criminal action procedure. To fulfill this objective, we sought to establish existence and validity requirements for the beginning of a valid criminal prosecution procedure, highlighting the criminal political aspects that end up influencing in the conclusion of the inherent contours of the object of the analysis of the present study.

Legalized abortion in Japan.

Science.gov (United States)

Hart, T M

1967-10-01

The enactment of the Eugenic Protection Act in Japan was followed by many changes. The population explosion was stemmed, the birth rate was halved, and while the marriage rate remained steady the divorce rate declined. The annual total of abortions increased until 1955 and then slowly declined. The highest incidence of abortions in families is in the 30 to 34 age group when there are four children in the family. As elsewhere abortion in advanced stages of pregnancy is associated with high morbidity and mortality. There is little consensus as to the number of criminal abortions. Reasons for criminal abortions can be found in the legal restrictions concerning abortion: Licensing of the abortionist, certification of hospitals, taxation of operations and the requirement that abortion be reported. Other factors are price competition and the patient's desire for secrecy. Contraception is relatively ineffective as a birth control method in Japan. Oral contraceptives are not yet government approved. In 1958 alone 1.1 per cent of married women were sterilized and the incidence of sterilization was increasing.

The Protection of Consumer’s Rights and the Application of Criminal Law in the Unlawful Operation of Services and Content Service Application

Directory of Open Access Journals (Sweden)

Edmon Makarim

2012-05-01

Full Text Available Media reports on cases of the theft of pre-paid pulses taking place nowadays have created a misunderstanding in terms of the appropriate application of criminal law. In the context of existing legal provisions concerning consumer protection as set forth both under the Consumer Protection Law as well as in part under the Telecommunications Law, law enforcement agencies are leaning towards applying general criminal provisions (theft which, after a careful observation of the Indonesian Criminal Code, in fact do not extend to corporate criminal acts. This paper purports to explain that the currently occurring cases of the theft of pre-paid pulses should be adequately dealt with by imposing administrative sanctions by the governing and supervisory agencies, both under the Telecommunications Law as well as the Consumer Protection Law. It is proposed that it would be more effective to apply the Consumer Protection Law in such cases, as it contains provisions concerning the threat of alternative criminal punishment in the form of confinement or fines, along with additional sanctions in the form of an order to pay compensation for damages to consumers accompanied by the seizure and the halting of the application system in use by the Operator and/or CP concerned. It is proposed that in administering a proper telecommunications system to the public, the application of the Consumer Protection Law is likely to be less counterproductive as opposed to the application of general criminal provisions, considering that the latter are contradictory to the principles of legal certainty and partnership mandated under the Telecommunications Law itself.

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.

Recent Developments in the Provision of Pro Bono Legal Services ...

African Journals Online (AJOL)

This paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. In this regard there have been and continue to be considerable gaps between the proper access to civil justice imperatives of constitutional South Africa and the status quo which ...

Behavioral Genetics in Criminal and Civil Courts.

Science.gov (United States)

Sabatello, Maya; Appelbaum, Paul S

Although emerging findings in psychiatric and behavioral genetics create hope for improved prevention, diagnosis, and treatment of disorders, the introduction of such data as evidence in criminal and civil proceedings raises a host of ethical, legal, and social issues. Should behavioral and psychiatric genetic data be admissible in judicial proceedings? If so, what are the various means for obtaining such evidence, and for what purposes should its admission be sought and permitted? How could-and should-such evidence affect judicial outcomes in criminal and civil proceedings? And what are the potential implications of using behavioral and psychiatric genetic evidence for individuals and communities, and for societal values of equality and justice? This article provides an overview of the historical and current developments in behavioral genetics. We then explore the extent to which behavioral genetic evidence has-and should-affect determinations of criminal responsibility and sentencing, as well as the possible ramifications of introducing such evidence in civil courts, with a focus on tort litigation and child custody disputes. We also consider two ways in which behavioral genetic evidence may come to court in the future-through genetic theft or the subpoena of a litigant's biospecimen data that was previously obtained for clinical or research purposes-and the concerns that these possibilities raise. Finally, we highlight the need for caution and for approaches to prevent the misuse of behavioral genetic evidence in courts.

Problematic issues of improvement of an interaction between an investigator and other participants of criminal proceedings

Directory of Open Access Journals (Sweden)

О. С. Луньова

2015-05-01

Full Text Available Problem setting. The article considers features of the interaction between an investigator as a representative of the prosecution and other various participants of criminal proceedings including a head of investigation unit, prosecutor, investigative judge and others. The topicality of raised questions in the current article is confirmed by the fact that previously the interaction between an investigator and other participants of criminal proceedings in pre-trial investigation was conducted in terms of the former Criminal Procedural Code of Ukraine (1960. Recent research and publications analysis. Some of questions regarding the interaction between an investigator and other participants of criminal proceedings in pre-trial investigation were examined by Linovskii V. A, Bandurka A. M., Groshevii Y. M., Larin O. M., Loboika L. M., Pogoretskii M. A., Tatarov O. Y., Sheiffer S. A., Golovko L. V., Baulin O. V., Zelenetskii V. S., Yukhno A. A. and others. Paper objective. The main aim of the article is a research of features of the interaction in current circumstances between an investigator and other participants of criminal proceedings including the head of investigation unit. It concerns as well the research of different scientific views regarding the matter and various ideas about improvement of principal norms in the Criminal Procedural Code of Ukraine and other legal acts that regulate the above-mentioned interaction. Paper main body. During the pre-trial investigation the essential question is the interaction between an investigator and a prosecutor who conducts an oversight in criminal proceedings. The current Criminal Procedural Code of Ukraine greatly expanded the full powers of the prosecutor to oversee the compliance of laws during a pre-trial investigation. Only the prosecutor should conduct a procedural supervision in a pre-trial investigation. We believe this procedural possibility limits an investigation independency. The interaction

Transnational crime and the interface between legal and illegal actors : the case of the illicit art and antiquities trade

NARCIS (Netherlands)

Tijhuis, Antonius Johannes Gerhardus

2006-01-01

In this PhD study the interface between legal governments and corporations on the one hand, and transnational criminals at the other hand, is analysed in depth. In the first part of the book, a typology of interfaces is developed that can be used to describe interfaces between legal and illegal

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.

Academic Politics and the History of Criminal Justice Education. Contributions in Criminology and Penology, No. 46.

Science.gov (United States)

Morn, Frank

This book reviews the history of academic criminal justice--the studying and teaching of crime, police, law and legal processes, and corrections--from 1870 to the present. The nine chapters have the following titles: (1) "Introduction: Academic Politics and Professionalism, 1870-1930"; (2) "Progressivism and Police Education,…

Can experiments on animals constitute a criminal offence of cruelty to animals?

Directory of Open Access Journals (Sweden)

Ristivojevic Branislav

2014-01-01

Full Text Available The criminal offence “killing and torturing animals” under Article 269 of the Criminal Code says that it can be committed only “contrary to regulations”. The regulations governing the treatment of experimental animals are the Animal Welfare Law from 2009 and the Law on the Ratification of the European Convention for the Protection of Vertebrate Animals used for experimental and other scientific purposes amended by the Protocol of amendment to the European Convention for the Protection of Vertebrate Animals used for experimental and other scientific purposes from 2010. The first one imposes numerous obligations and introduces numerous prohibitions in the treatment of experimental animals, which at first sight make the possibilities of committing this criminal offence greater. The other law does not contain most of the prohibitions and restrictions that are included in the Animal Welfare Law. Thanks to a legal rule which says that a later law regulating the same subject replaces the former one (lex posterior derogate legi priori and the aforementioned unconstitutionality of many provisions of the Animal Welfare Law, researchers and teachers in Serbia are not in particular danger of criminal prosecution. [Projekat Ministarstva nauke Republike Srbije, br. 179079: Biomedicine, Environmental Protection and the Law

Criminal offences considered in the Convention on the Physical Protection of Nuclear Material

International Nuclear Information System (INIS)

Neira, C.C.

1996-01-01

The Convention on the Physical Protection of Nuclear Material was signed in Vienna, on April 3, 1980, approved by Law 23.620 on September 28, 1998, and published in the Official Bulletin of the Argentine Republic on November 2, 1988. This Convention considers some aspects of Criminal Law and Criminal Procedural Law and integrates the normative hierarchical structure of the article 31 of the National Constitution. The adequacy of this Convention to the Argentine law is considered through two aspects: The first one examines figures existing in the Argentine Legislation about larceny and robbery of nuclear materials, misappropriation of nuclear materials, obtainment and fraud of nuclear materials, exaction through threat or intimidation, etc., which are considered in different articles of the Argentine Criminal Law. The second one analyses behaviours not foreseen in the Criminal Law and which are not qualified by the current Argentina's Criminal Code, such as exaction of nuclear material through the use of violence, the international perpetration of an act consisting to receive, possess, use, vacate, scatter nuclear material without legal authorization, or in the case that the act causes death, serious injuries to persons and others. The purpose of the future enactment of a new Nuclear Law is to put in order and fill-in gaps referred to different aspects such as civil liability in nuclear damages, characteristics of the nuclear damages, etc [es

Assessing the criminal capacity of children: a challenge to the capacity of mental health professionals.

Science.gov (United States)

Pillay, Anthony L; Willows, Clive

2015-01-01

With increasing numbers of juveniles accused of serious crimes international concern is growing around the procedural consequences for affected individuals within the context of the law and criminal justice. Issues of culpability in children and adolescents are often raised, with much deliberation and insufficient agreement among legal and child development experts. Exactly when and to what extent juveniles can be held responsible for their action is a matter requiring careful consideration to avoid substantial erring in either direction. Although some international guiding standards and principles have been established, these are rather broad and unable to provide specific prescriptions. In addition, the assessment of criminal capacity in juveniles is a complex task, and one that is not wholly without reliability and validity problems. As in the case of South Africa and a few other countries, mental health specialists are often tasked with conducting developmental assessments to provide courts with expert evidence regarding criminal capacity. This paper examines the concept of criminal capacity in the context of the theory, controversies and challenges that affect this area of psychological focus.

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.

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

Directory of Open Access Journals (Sweden)

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.

Long-Term Autobiographical Memory for Legal Involvement: Individual and Sociocontextual Predictors

Science.gov (United States)

Quas, Jodi A.; Alexander, Kristen Weede; Goodman, Gail S.; Ghetti, Simona; Edelstein, Robin S.; Redlich, Allison

2010-01-01

We examined adults' long-term autobiographical memory for a dramatic life event-participating as a child victim in a criminal prosecution because of alleged sexual abuse. The study is unique in several ways, including that we had extensive documentation concerning the sexual abuse allegations, the children's involvement in their legal case, and…

THE CRIME OF UNJUSTIFIED ABSENCE IN THE ROMANIAN CRIMINAL CODE

Directory of Open Access Journals (Sweden)

Mirela GORUNESCU

2015-07-01

Full Text Available The new Criminal Code of Romania regulates in Title XI of its Special Part the crimes against the combat capability of the military forces. Under this title, Chapter I is dedicated to the crimes committed by the military and defines the crime of unjustified absence. In this study, the author analysed the specific elements of this crime, including: the specific legal object - military discipline, the field of the active subject and the essential requirements imposed by its objective side.

A case law survey of the Personality Assessment Inventory: examining its role in civil and criminal trials.

Science.gov (United States)

Mullen, Kacy L; Edens, John F

2008-05-01

Although professional surveys suggest that the Personality Assessment Inventory (PAI; Morey, 1991) is a popular instrument among forensic and correctional psychologists, relatively little is known about the specific types of legal cases in which it is applied, the particular types of questions it is used to address, or the extent to which its admissibility has been at issue in court cases. Using a comprehensive legal database, we surveyed all published U.S., Canadian, European, and Australian criminal and civil cases in which the PAI was administered. The PAI appears to be introduced by examiners in a wide variety of civil (e.g., child custody, personal injury) and criminal (e.g., insanity, competence) cases to aid in the assessment of a broad range of psychopathology. Additionally, the PAI seems to be used frequently to assess questions concerning potential dissimulation and response styles. Surprisingly, the admissibility of the PAI into evidence was never at issue in any of the cases reviewed.

Participation of a Representative of a Foreign Country in the Procedure of the Legal Proceedings in the Republic of Kazakhstan

Science.gov (United States)

Akhmetzakirov, Nail R.; Omarov, Yerbol A.; Mussilimov, Arman Y.

2016-01-01

The paper deals with the problem of foreigners' rights and freedoms protection during the criminal procedure in The Republic of Kazakhstan. The comparative analysis of national and international legal framework shows that principles of legal defense of foreigners' interests do not have a practical application. Examining the content of requests on…

Forgery from the Point of View of Criminal Illicitness, Putative Deeds and Disregarding Fides Publica

Directory of Open Access Journals (Sweden)

Monica Pocora

2013-08-01

Full Text Available Forgery by its nature, always harms the trust that people are forced to have and need to grant one another in the relations among themselves or which they should show for the things usually considered as the expression and evidence of truth. While for the offenses committed by violation of trust, this is the rule applied intuitu personae, taking into account the personal condition of the person to whom trust is granted, in forgery crimes trust is given in rem, meaning to the thing per se perceived as being the expression of truth. Thus, we are not in front of a violation of trust given to certain people, but in front of the trust granted to the thing which is assumed legally the characteristic of expressing the truth, but truth which has been altered. This paper aims to be an interdisciplinary approach, starting from the criminological meaning rendered to public trust and up to its legal effects produced, set into criminal or extra-criminal content, an approach derived from applying the method of observation.

Establishing Trafficking in Human Beings for the Purpose of Organ Removal and Improving Cross-Border Collaboration in Criminal Cases: Recommendations.

Science.gov (United States)

Holmes, Paul; Rijken, Conny; D'Orsi, Sergio; Esser, Luuk; Hol, Floor; Gallagher, Anne; Greenberg, Galit; Helberg, Louis; Horvatits, Lisa; McCarthy, Sean; Ratel, Jonathan; Scheper-Hughes, Nancy; Forsythe, John

2016-02-01

In this short summary report on the legal definition of trafficking in human beings for the purpose of organ removal and improving cross-border collaboration in criminal cases, challenges, and recommendations in the areas of defining the crime, criminal investigation and prosecution, and cross-border cooperation are made. These are the outcomes of a working group discussion during the writers' conference of the HOTT project, a European Union-funded project against trafficking in human beings for the purpose of organ removal.

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

Directory of Open Access Journals (Sweden)

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.

Attention, reward, and inhibition: symptomatic features of ADHD and issues for offenders in the criminal justice system.

Science.gov (United States)

Berryessa, Colleen M

2017-03-01

Although the relationship between criminal activity and ADHD has been heavily studied, this paper reviews a largely neglected area of academic discourse: how symptoms of ADHD that often contribute to offending behavior may also potentially create further problems for offenders with ADHD after they come into contact with the criminal justice system and pilot their way through the legal process. The main symptoms of ADHD that are primarily connected to criminal offending are examined and contextualized with respect to diagnosed offenders' experiences with the justice system. Symptoms of ADHD, specifically reward deficiency, behavioral inhibition, and attention deficits, may affect whether individuals will be successful in their experiences in court, with probation, and during incarceration. This is especially true for individuals whose ADHD diagnoses are unknown to the criminal justice system or have never been formally diagnosed. Actors in the criminal justice need to be aware of the symptomatic features and behavioral patterns of offenders with ADHD in order to recognize and identify these offenders, and correspondingly, to refer them to mental health services. Recognizing that at least some of an offender's behavior may be related to symptoms of ADHD will help the criminal justice system better provide recommendations regarding sentencing, probation, and treatment provisions, as well as better ensure that offenders with ADHD have a more successful and just experience in their interactions with the criminal justice system.

The Future of the International Criminal Court. On Critique, Legalism and Strengthening the ICC's Legitimacy

NARCIS (Netherlands)

De Hoon, Marieke

2017-01-01

While the International Criminal Court (icc) strives for justice for atrocity crimes throughout the world, increasingly, its legitimacy is undermined: powerful states refuse to join, African states prepare to leave, victims do not feel their needs for justice are met. This article argues that this

forced labor in the system of the Russian criminal legislation and problems of its application

Directory of Open Access Journals (Sweden)

Sergey Vladimirovich Tasakov

2015-09-01

Full Text Available Objective to review and analyse the Russian criminal law in the aspect of forced labor taking into account theexisting historical practice to assess the implementation of this type of punishment to identify the existing problems and to propose certain measures to overcome them. Methods dialectical historicallegal comparative legal systemic. Results the research discloses the issues of increasing the efficiency of forced labor in the Russian criminal law defines and discusses thedisputable issues that may arise during the use of this type of punishment proposes specific ways and recommendations for their solution. Scientific novelty the article analyzes criminal punishment in the form of forced labor and discusses issues of increasing the efficiency of this punishment and its enforcement. Practical significance the main provisions and conclusions of the article can be used in scientific educational and practical activities when considering sentencing in the form of forced labor. nbsp

THE CRIMINAL LIABILITY OF CORPORATIONS – OVERVIEW ON RECENT CASE LAW OF THE ROMANIAN COURTS

Directory of Open Access Journals (Sweden)

ANDRA ROXANA ILIE

2012-05-01

Full Text Available Although the criminal liability of corporations is now consecrated in Romanian for more than five years, there is however some reticence in engaging the liability of such person. Nonetheless, in the past years, it can be noticed an emergence of the files where the problem of the criminal liability of corporations is raised. The purpose of this paper is to present the main issues from the Romanian case law in this field. Several topics are to be mainly discussed, such as the enforcement of criminal sanctions such as the winding-up or the diffusion of the decision, the application of precautionary measures and interim measures against corporations, the possibility to call a corporation in the criminal trial both as accused and as third party called liable for other person’s acts etc. During this analysis, it can be noticed that the most common crimes perpetrated by corporations are related to employment issues, copyright, corruption, illegal drug trafficking etc. Therefore, the objectives pursued by the present study are to provide an approach on the most recent court decisions where criminal charges against corporations were carried out and to see how the relevant legal provisions were applied in these cases.

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 relationship of victim injury to the progression of sexual crimes through the criminal justice system.

LENUS (Irish Health Repository)

Kennedy, Kieran M

2012-08-01

A number of factors are known to influence the progression of sexual crimes through the criminal justice system. The role of victim injury in influencing decision-making at pivotal stages has been addressed by a number of separate research projects. This article consolidates existing research evidence in order to highlight the important role that victim injury plays at each step of the legal process. The importance of accurate diagnosis and recording of victim injury is highlighted. Furthermore, by describing the significant impact that the presence of victim injury can have on the legal outcome, the importance of ensuring that cases without victim injury are correctly interpreted by the police, legal professionals, judiciary and the jury is heavily emphasised.

Dealing with the mentally ill in the criminal justice system in Germany.

Science.gov (United States)

Konrad, Norbert; Lau, Steffen

2010-01-01

Mentally disordered prisoners in Germany are subject to special legal regulations, which can be traced back to the 1933 "Dangerous Habitual Offenders and their Detention and Rehabilitation Act". There are no special diversion programs in Germany but diversion does in fact happen via legal regulations that are based on the construct of legal responsibility. Diversion refers to the removal of offenders from the criminal justice system at any stage of the procedure and court proceedings. In recent years the number of occupied beds in forensic psychiatric hospitals has continued to rise. At the same time the number of people in prisons has slightly decreased while there has been a slight increase in the number of available beds in general psychiatry. Germany experienced public and media concern about the risk posed by conditionally released mentally ill offenders and other perceived inadequacies in the criminal justice system. Therefore the way in which prisoners or forensic patients are supervised after they have been discharged was reformed in 2007 in order to assure a more efficient control of their conduct after their release from custody by means of mandatory treatment and monitoring. Special outpatient clinics were to assist discharged patients in complying with the conditions of probation and parole. However organisational structures for these specialised outpatient institutions vary within Germany because of its federal administration. This results in regional differences in conditions of treatment and probably in differences in quality as well, but surveys about the effects, efficacy or effectiveness of forensic outpatient treatment in Germany are scarce. Copyright 2010 Elsevier Ltd. All rights reserved.

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

Psychiatrists, criminals, and the law: forensic psychiatry in Switzerland 1850-1950.

Science.gov (United States)

Germann, Urs

2014-01-01

Between 1880 and 1950, Swiss psychiatrists established themselves as experts in criminal courts. In this period, the judicial authorities required psychiatric testimonies in a rising number of cases. As a result, more offenders than ever before were declared mentally deficient and, eventually, sent to psychiatric asylums. Psychiatrists also enhanced their authority as experts at the political level. From the very beginning, they got involved in the preparatory works for a nationwide criminal code. In this article, I argue that these trends toward medicalization of crime were due to incremental processes, rather than spectacular institutional changes. In fact, Swiss psychiatrists gained recognition as experts due to their daily interactions with judges, public prosecutors, and legal counsels. At the same time, the spread of medical expertise had serious repercussions on psychiatric institutions. From 1942 onwards, asylums had to deal with a growing number of "criminal psychopaths," which affected ward discipline and put psychiatry's therapeutic efficiency into question. The defensive way in which Swiss psychiatrists reacted to this predicament was crucial to the further development of forensic psychiatry. For the most part, it accounts for the subdiscipline's remarkable lack of specialization until the 1990s. © 2013.

An Analysis of the Death Penalty in Indonesia Criminal Law

Directory of Open Access Journals (Sweden)

Eddy Rifai

2017-07-01

Full Text Available This research uses normative juridical approach to study on the analysis of the death penalty executions and the legal policy of death executions in Indonesia. There are delays on death executions for the convicted person since they entitled to using rights namely filing a judicial review (PK/Peninjauan Kembali. Furthermore, the legal loophole in the execution of the death penalty by the publication of the Constitutional Court Number 107 / PUU-XIII / 2015 which assert that the Attorney as the executor can ask the convicted person or his family whether to use their rights or not if the convict clearly does not want to use his rights, the executions will be carried out. Legal policy on threats and the implementation of the death penalty in the draft of criminal code was agreed by draftsman of the bill with the solutions. The draftsman of the bill agrees that the death penalty will be an alternative punishment sentenced as a last resort to protect the society. The bill also regulates that the execution among others include that the execution can be delayed by ten years probations. If the public reaction on the convict is not too large or convict has regret and could fix it or the role in the crime is not very important and there is a reason to reduce punishment, the death penalty may be changed. For pregnant women and the mentally ill convicts the execution can only be carried after the birth and the person has recovered from mental illness. The existence of this solutions is still kept putting the death penalty in criminal law, whereas the effectiveness of the death penalty is scientifically still in doubt to solve crimes and to prevent crimes by the death penalty punishment.

Public relations violated by unlawful use of documents to form a legal entity

Directory of Open Access Journals (Sweden)

Petukhov E.V.

2014-12-01

Full Text Available The problems of determining the direct object of crime under article 173.2 of the RF Criminal Code are investigated. It’s noted that the article contains two independent corpus delicti. The characteristic that unites them is the direct object of crime, which is broken in two ways: by person providing the relevant documents and by person receiving these documents and information. Scientific points of view concerning the understanding of crime object are estimated. Understanding the object as a legal order of carrying out business activities doesn’t allow to outline the scope of the corresponding relations. Many crimes under chapter 22 of the RF Criminal Code impinge these relations. The author disagrees with the recognition of public relations, ensuring the use of necessary documents for registration of only those organizations that are engaged in lawful activities, as direct object of unlawful use of documents to form (establish, reorganize a legal entity. It’s emphasized that documents submission to the registering authority for registration of legal entities and individual entrepreneurs can be carried out by the applicant or his representative acting on the basis of a notarized power of attorney. The fact of forming legal entity should be connected with certain individuals. Then the organization will have certain responsible persons. The act provided by the analyzed corpus delicti, contributes to this rule violation. It’s summarized that the direct object of crime under considered article is public relations arising due to ensuring the statutory procedure for personalization and identification of responsible individual forming (establishing, reorganizing a legal entity.

THE JUDGE'S PROBATIVE INITIATIVE: CONTRASTS AND LIMITATIONS FROM THE LEGAL-CONSTITUTIONAL PARADIGM OF LAWFUL DEMOCRATIC STATE

Directory of Open Access Journals (Sweden)

Igor Alves Noberto Soares

2016-12-01

Full Text Available This article will reflect on the production of proof by the judge, in the context of Criminal Procedure, according to the rules presents in the brazilian legal system. Therefore, the critcial incursions will take into account the technical constructions expressed from the legal and constitutional paradigm of Lawful Democratic State, in order to counter the currently permissive system that confers, to judging agent, the probative initiative.

Legal frameworks and key concepts regulating diversion and treatment of mentally disordered offenders in European Union member states.

Science.gov (United States)

Dressing, Harald; Salize, Hans Joachim; Gordon, Harvey

2007-10-01

There is only limited research on the various legal regulations governing assessment, placement and treatment of mentally ill offenders in European Union member states (EU-member states). To provide a structured description and cross-boundary comparison of legal frameworks regulating diversion and treatment of mentally disordered offenders in EU-member states before the extension in May 2004. A special focus is on the concept of criminal responsibility. Information on legislation and practice concerning the assessment, placement and treatment of mentally ill offenders was gathered by means of a detailed, structured questionnaire which was filled in by national experts. The legal regulations relevant for forensic psychiatry in EU-member states are outlined. Definitions of mental disorders given within these acts are introduced and compared with ICD-10 diagnoses. Finally the application of the concept of criminal responsibility by the law and in routine practice is presented. Legal frameworks for the processing and placement of mentally disordered offenders varied markedly across EU-member states. Since May 2004 the European Union has expanded to 25 member states and in January 2007 it will reach 27. With increasing mobility across Europe, the need for increasing trans-national co-operation is becoming apparent in which great variation in legal tradition pertains.

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...

The universal legal framework against nuclear terrorism

International Nuclear Information System (INIS)

Gehr, W.

2007-01-01

After the events of September 11, the United Nations Security Council adopted Resolution 1373 (2001) which has been called the 'Counter-Terrorism Code' of the world, because it creates legal obligations for all 192 Member States of the United Nations. UN Security Council Resolutions 1373 (2001), 1540 (2004) and 1735 (2006) as well as a defined set of 13 global treaties constitute the universal legal framework against terrorism which must be implemented in a manner consistent with international human rights obligations. Basically, these 13 treaties as well as Resolution 1373 are international criminal law instruments. Within this universal legal framework, the framework against nuclear terrorism is constituted by Resolution 1540, the Convention on the Physical Protection of Nuclear Material (CPPNM) which entered into force in 1987, and the International Convention for the Suppression of Terrorist Bombings which is in force since 2001. These three legal instruments will be supplemented by the International Convention for the Suppression of Acts of Nuclear Terrorism, an amendment to the CPPNM and two Protocols amending the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, once these instruments, all of which were adopted in 2005, enter into force. The Terrorism Prevention Branch (TPB) of the United Nations Office on Drugs and Crime (UNODC) assists countries which are in need of legislative assistance for the drafting of appropriate counter-terrorism laws that duly take into account the obligations contained in Resolution 1373, the United Nations sanctions against Al-Qaida and the Taliban as well as in the 13 universal conventions for the prevention and the suppression of terrorism, including the CPPNM and the new International Convention for the Suppression of Acts of Nuclear Terrorism. UNODC/TPB has also

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. 

[Permanent essential defacement--remarks on the possibilities of verification of the accepted criteria in medico-legal certification in criminal and civil law proceedings].

Science.gov (United States)

Chowaniec, Czesław; Nowak, Agnieszka; Jabłoński, Christian; Neniczka, Stanisława

2007-01-01

Despite the fact that some criteria of medico-legal certification in criminal and civil proceedings have been established, there are still some topics which are controversial and thus require modification. This is also true of the notion of "permanent essential defacement". In the opinion of the authors, changes in social conventions that are occurring nowadays, as well as a highly diversified, subjective perception of esthetic values indicate the need for discussing a possible modification of the presently obligatory criteria. Apart from the assessment of posttraumatic changes, an important problem is posed by defining the notion of "a part of the body customarily open to the view ". Additionally, the authors bring up for discussion the issue of experts taking into consideration the age and sex of the victims while assessing damages. A separate problem lies in difficulties in assessing the degree of detriment to health because of defacement due to the fact that official tables for evaluating permanent or long-term detriment to health do not include relevant information.

Legal protection of victims of domestic violence in Republika Srpska

Directory of Open Access Journals (Sweden)

Marković Ivanka

2008-01-01

Full Text Available Legal protection of victims of domestic violence in Republika Srpska is analyzed in this work. With regard to the above, the author highlights that in Republika Srpska there are two forms of legal protection from domestic violence they fall within the remit of criminal law and misdemeanor law. Introduction of such protection model was intended for the protection of victims from this form of violent behavior, which is, by its characteristics a specific form of criminal behavior and as such demands special measures of lawful reaction by the state. Protection of victims of domestic violence falling within the remit of criminal law, which is very important since it attaches the same gravity to this and the other forms of criminality giving it a certain degree of criminal-political weight, has not produced expected results. For that reason was adopted a special Law on Protection from Domestic Violence defining the notion of domestic violence, persons considered to be a family members, methods of their protection, as well as the kind and purpose of misdemeanor law related norms with emphasizing the fact that all the proceedings initiated under this law are of an urgent nature. The main driving force leading to the adoption of this Law is to obtain a complete and systematic regulation of domestic violence to enable faster, more efficient and durable protection of the endangered persons. The most important thing about this Law on Protection from Domestic Violence is introduction of protective measures, which could be sentenced against the perpetrator and which, in fact, allow for the protection of victims to family violence. Method of its concrete implementation regulated is by the relevant by-laws. Adoption of law sanctioning domestic violence, either as a criminal act or as a misdemeanor, together with the adoption of by-laws for the implementation of particular protective measures, represent a step forward in combat and prevention of domestic

The Criminalization of Physicians and the Delegitimization of Violence in Turkey.

Science.gov (United States)

Can, Başak

2016-01-01

In June 2013, protests that erupted in Gezi Park in Istanbul, Turkey were met with state violence, mobilizing hundreds of native physicians to deliver emergency medical care. Drawing on ethnographic fieldwork in makeshift clinics during these protests, interviews with Gezi physicians and analyses of recent laws restricting emergency care provision, in this article I explore the criminalization of clinical practice through legal and coercive means of the government and the delegitimization of state violence through clinical and expert witnessing practices of physicians. As I show, material, legal, and discursive articulations of the idiom of medical neutrality revolve around the tension between medical praxis as neutrality and medical praxis as political participation. I offer a reconsideration of medical humanitarian and human rights regimes in terms of their consequences for inciting, documenting and restricting state violence.

Drug product selection: legal issues.

Science.gov (United States)

Christensen, T P; Kirking, D M; Ascione, F J; Welage, L S; Gaither, C A

2001-01-01

To review the potential legal liability of the pharmacist in the drug product selection process. Published articles identified through MEDLINE, published law reviews identified through InfoTrac, and appellate court decisions. Search terms used included pharmacist liability, drug product selection, and generic substitution. Additional articles, books, and appellate court decisions were identified from the bibliographies of retrieved articles and citations in appellate court decisions. Pharmacists engaging in drug product selection are civilly liable under three legal theories: negligence, express or implied warranties, and strict product liability. Potential criminal liability includes prosecution for insurance fraud, deceptive business practices, and violation of state drug product selection laws and regulation. Pharmacists increase their liability when engaging in drug product selection, but the increase is small. Still, the law continues to evolve as pharmacists seek expanded roles and responsibilities. When courts give closer examination to pharmacists' expanded role, it is likely that pharmacists' liability will increase.

Legal Aspects of Sleep Medicine in the 21st Century.

Science.gov (United States)

Venkateshiah, Saiprakash B; Hoque, Romy; Collop, Nancy A

2018-05-08

Multiple manifestations of sleep disorders may interact with the law making it important to increase awareness of such interactions among clinicians. Patients with excessive sleepiness may have civil (and in some states criminal) liability if they fall asleep while driving and cause a motor vehicle accident. Employers may be held vicariously liable due to the actions of sleepy employees. Hence awareness of causes of excessive sleepiness such as sleep deprivation and OSA is increasing among trucking, railroad, and other safety sensitive occupations. Interestingly, litigation related to perioperative complications due to Obstructive Sleep Apnea (OSA) is more frequent than non-operative issues such as a failure to diagnose OSA. Parasomnia associated sleep-related violence (SRV) represents a challenge to clinicians, as they may be asked to consider parasomnia as a possible contributing, mitigating, or exculpatory factor in criminal proceedings. Clinicians should also familiarize with the legal and regulatory aspects of running an independent sleep laboratory. Sleep telemedicine practice using 21 st century technology has opened novel and unique challenges to existing laws. In this review, we shall cover the most common interactions between sleep disorders and the law including the challenges of excessive sleepiness and driving; other legal issues involving patients with obstructive sleep apnea (OSA); and the liabilities associated with parasomnia disorder. We shall also cover some practical legal aspects involving independent sleep laboratories and the field of sleep telemedicine. Published by Elsevier Inc.

Criminal law in the system of legal instruments under environmental law. Shown by examples of German and U.S. American clean air policy; Das Strafrecht im System umweltrechtlicher Instrumentarien. Am Beispiel deutscher und US-amerikanischer Luftreinhaltepolitik

Energy Technology Data Exchange (ETDEWEB)

Rohr, B.M. von

1995-12-31

The authoress presents an analysis of the entire range of governmental instruments and measures and their systematic interlacement, as available under the German or the U.S. American law for protection of the environment. This analysis is the basis for the subsequent study aiming at clarifying the legitimacy and the required design of laws and regulations defining crimes and sanctions or penalties in the system of environmental law. The authoress derives a characterisation of legislative intent and mode of application of environmental criminal law which differs from that of the ``classic`` criminal law. Pursuing from this characterisation of legal instruments and methods, and from the framework of governmental action and related alternatives available under U.S. legislation, the authoress explains a number of appoaches recommended for reform and amendment of the current German system of environmental criminal law, which hitherto has shown low efficiency. (orig.) [Deutsch] Die Autorin nimmt eine Analyse der Gesamtheit staatlicher Massnahmen und ihrer systematischen Beziehungen im deutschen und US-amerikanischen Umweltrecht vor. Diese Analyse bildet die Grundlage der zentralen Frage der Untersuchung nach der Legitimitaet und notwendigen Struktur umweltstrafrechtlicher Normen. Dabei kommt die Autorin zu einer vom klassischen Kernstrafrecht abweichenden Funktionsbestimmung des Umweltstrafrechts. Ausgehend von dieser Positionsbestimmung des Strafrechts und den in den USA vorgefundenen Handlungsalternativen entwickelt die Autorin eine Reihe von Reformvorschlaegen als Antwort auf die derzeitige Ineffizienz der des deutschen Umweltstrafrechts. (orig.)

Forensic psychiatric evaluations: an overview of methods, ethical issues, and criminal and civil assessments.

Science.gov (United States)

Sher, Leo

2015-05-01

Forensic psychiatry is frequently defined as the branch of psychiatry that deals with issues arising in the interface between psychiatry and the law. Psychiatrists are called on by the legal system to provide testimony in a wide variety of cases, criminal and civil. In criminal cases, forensic psychiatrists may be asked to comment on the competence of a person to make decisions throughout all the phases of criminal investigation, trial, and punishment. These include the competence to stand trial, to plead guilty, to be sentenced, to waive appeal, and to be executed. In civil cases, forensic psychiatric experts are asked to evaluate a number of civil competences, including competence to make a will or contract or to make decisions about one's person and property. Psychiatrists are also called on to testify about many other issues related to civil cases. Forensic psychiatrists who work with children and adolescents are frequently involved in evaluations and testimonies concerning juvenile delinquency, child custody, termination of parental rights, and other issues. As such, forensic psychiatric experts have now developed into a reputable and well-known group of professionals. Forensic evaluation methods, ethical issues related to forensic psychiatric practice, and some common criminal and civil forensic psychiatric evaluations are discussed in this overview.

Navigating the Legal Horizon: Lawyering the MH17 Disaster

Directory of Open Access Journals (Sweden)

Marieke de Hoon

2017-04-01

Full Text Available On 17 July 2014, Malaysia Airlines Flight MH17 was shot down over Eastern Ukraine, leaving no survivors. Since, victims’ relatives, States, and the wider public are trying to understand what happened, how it could happen, who is responsible, and how to address these responsibilities. The efforts to find justice have faced many complications and legal complexities. This article aims to provide insight into these legal and political complexities. In particular, it discusses the core legal questions of the criminal accountability of the perpetrators and the State responsibility of those States involved —Ukraine and Russia— through the legal doctrines of public international law and the European Convention on Human Rights. It further offers some core considerations relating to civil liability of States and airline carriers. In addition to providing insight into why the road to justice is long and arduous, the legal options available, and the specific challenges of each, the article also emphasises that having a legal option does not necessarily mean that it is also the best choice to use it. That choice is up to victims’ relatives and the States concerned. The article takes no position in this regard. Instead, it seeks to provide an analysis that may contribute to making such decisions in an informed manner.

Criminal offence domestic violence: Legal practice in Niš area

Directory of Open Access Journals (Sweden)

Vilić-Konstantinović Slobodanka

2003-01-01

Full Text Available In this paper authors analyze seven cases of domestic violence in Niš area during one year of implementation of the new criminal offence domestic violence. Using the method of indirect observation and interviews, authors give us an overview of police's, prosecutors and court's intervention in domestic violence cases. In spite of small number of registered and processed domestic violence cases, some negative phenomenons are observed. Those phenomenons unable efficient and accurate preventive and repressive actions toward abuser. Majority of these observed facts are noted and explained, with underlining the consequences and a way for overcoming them. In order to reach valid and scientifically based conclusion about implementation of laws regarding domestic violence, it is essential to undertake extensive research in Serbia, including a research of a practice of the police, prosecutors and courts. Results of such research would allow qualitative theoretical overview of law enforcement practice regarding domestic violence. Knowledge gained in this way would help us to establish programs for education of individuals who, in different roles, participate in preventive and repressive actions against domestic violence.

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

CONTRAVENTION AND CRIMINAL LIABILITY FOR PRACTICE OF UNFAIR COMPETITION

Directory of Open Access Journals (Sweden)

RUJAN ION CRISTINEL

2014-10-01

Full Text Available commerce. The commercial activity is, from a legal perspective, a correct exercise of the ownership and free initiative by the legal person in the commercial activities, the business conduct being necessary to circumscribe the legal rules that govern the commercial market. This article has as starting point on the one hand the need for legal provisions ensuring a real protection to the Romanian consumers exposed to unfair trade practices, and on the other hand of some comprehensive legal stipulations on tradesmen’s contravention and criminal liability that show an unfair competitive conduct. The general regulatory framework regarding the unfair competition consists of the Law no. 11/1991 on combating the unfair competition, the legal stipulations which relate to the European provisions on the matter, namely the Directive 2005/29/EC of the European Parliament and of the Council from May 11th 2005 concerning unfair commercial practices of enterprises in the internal market to consumers and amending the Directive 84/450/EEC of the Council, of the Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC no. 2006/2004 of the European Parliament and of the Council. The European legislation includes the stipulations regarding the unfair commercial practices prohibited in the E.U. space, as well as the stipulations relating to the economic interests of consumers who enter into transactions with tradesmen. In this respect, the European regulations deem unfair trade practices those acts or actions that violate the principles of professional diligence and which may influence the commercial decisions of consumers, being categorized as misleading practices and aggressive commercial practices. In accordance with the provisions of the Law no. 11/1991 on combating the unfair competition, with the ulterior amendments and supplements, unfair competition represents the commercial practices of the enterprise

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.

The Criminal Justice Doctorate: A Study of Doctoral Programs in the United States.

Science.gov (United States)

Felkenes, George T.

Graduates of six institutions were surveyed in an effort to develop a profile of doctoral graduates from institutions that have traditionally offered doctoral programs oriented specifically toward the field of criminal justice. A second research objective was to develop an understanding of the attitudes, frustrations, and utilization patterns of…

Does subsequent criminal justice involvement predict foster care and termination of parental rights for children born to incarcerated women?

Science.gov (United States)

Kubiak, Sheryl Pimlott; Kasiborski, Natalie; Karim, Nidal; Schmittel, Emily

2012-01-01

This longitudinal study of 83 incarcerated women, who gave birth during incarceration and retained their parental rights through brief sentences, examines the intersection between subsequent criminal justice involvement postrelease and child welfare outcomes. Ten years of multiple state-level administrative data sets are used to determine if arrest or conviction predict foster care and/or termination of parental rights. Findings indicate that only felony arrest is a significant predictor of foster care involvement. Additionally, 69% of mothers retained legal custody, despite subsequent criminal involvement for many, suggesting supportive parenting programs and resources need to be available to these women throughout and after incarceration.

Privacy rights in mental health counseling: Constitutional confusion and the voicelessness of third parties in criminal cases.

Science.gov (United States)

Murphy, Wendy J

2011-01-01

The past 20 years of criminal law and practice have produced much heat but little light on the issue of when, if ever, the accused in a criminal case can legitimately seek disclosure of a victim's privileged files that exist exclusively in the custody of a private third party. In many jurisdictions, forced disclosure is routine, and victims must choose between justice and privacy, resulting in either the dismissal or underprosecution of serious violence or the victim's opting to forego necessary treatment. This dilemma is disproportionately imposed on women and child victims of sexual violence, and it threatens to prevent healing for a significant percentage of victimized persons. This article outlines the legal and policy interests of third parties in this debate and offers a model set of procedures to protect against needless harm to third parties, while respecting the important rights of the criminally accused.

Felonious or violent criminal activity that prohibits gun ownership among prior purchasers of handguns: incidence and risk factors.

Science.gov (United States)

Wright, Mona A; Wintemute, Garen J

2010-10-01

Federal law prohibits firearm possession by felons and certain others. Little is known about criminal activity resulting in new ineligibility to possess firearms among persons who have previously purchased them. Cohort study of handgun purchasers ages 21 to 49 in California in 1991, 2,761 with a non-prohibiting criminal history at the time of purchase and 4,495 with no prior criminal record, followed for up to 5 years. The primary outcome measures were the incidence and relative risk of conviction for a felony or violent misdemeanor resulting in ineligibility to possess firearms under (a) California law or (b) federal law. Secondary measures were the incidence and relative risk of conviction for murder, forcible rape, robbery, or aggravated assault; and of arrest for any crime. A new conviction for a felony or violent misdemeanor leading to ineligibility to possess firearms under federal law was identified for 0.9% of subjects with no prior criminal history and 4.5% of those with 1 or more prior convictions (hazard ratio, 5.1; 95% confidence interval, 3.3-7.7). Risk was related inversely to age and directly to the extent of the prior criminal history; incidence rates varied by a factor of 200 or more among subgroups based on these characteristics. Among legal purchasers of handguns, the incidence of new felonious and violent criminal activity resulting in ineligibility to possess firearms is low for those with no prior criminal history but is substantially higher for those with a prior criminal record and is affected by demographic characteristics.

THE EXCLUSION OF EVIDENCE IN CRIMINAL PROCEEDINGS – A COMPARATIVE APPROACH

Directory of Open Access Journals (Sweden)

Mihai MAREȘ

2017-05-01

Full Text Available The present paper examines the exclusion of evidence within the criminal proceedings, as regulated in the Romanian legislation as well as in other legal systems, pertaining both to the common law and to the civil law major legal traditions. The focus shall be placed upon the configuration of this procedural institution in the two aforementioned categories of legislation, namely of the exclusionary rule specific to the former and the exclusion of evidence by means of the nullity sanction, which is likely to be encountered in the latter, while also revealing the elements of approximation between them, as presented especially in the national legal paradigm, including in the relevant case-law. Further consideration shall be given to the European standards having a bearing on the matters in question, provided both by the European Convention of Human Rights and the case-law of the European Court of Human Rights, and the European Union, with regard to the need to achieve a common set of principles in the application of the exclusionary mechanism

Main hearing according to the new Serbian Criminal Procedure Code: Survey in practice

Directory of Open Access Journals (Sweden)

Soković Snežana

2017-01-01

Full Text Available The main hearing is the central part of the criminal procedure. In Serbia, the reform of the national criminal procedure legislation has brought about numerous changes related to this stage of criminal proceedings. Numerous objections have been addressed to the almost entirely new legal text. In an attempt to examine the advantages and disadvantages of the new legislation and observe how the prescribed rules are applied in practice, the authors have conducted an empirical research by attending 205 main hearings which were conducted under the rules of the new Criminal Procedure Code. The research covers a huge number of related issues but, given the page limit, this paper will focus on individual issues observed in trial proceedings. The focal point of reference is the examination of witness, but the authors also consider a number of other issues: the examination of expert witness, the delay of the trial, and the use of a video-link as a novelty introduced owing to the technological achievements of the modern era. The article is organized into several parts. The authors first provide a theoretical background of the issue under consideration and, then, present and discuss the research results provided in tables. In the third part of the article, the authors draw specific conclusions about the current practice in trials proceedings.

The Rise of the Crime Victim and Punitive Policies? Changes to the Legal Regulation of Intimate Partner Violence in Finland.

Science.gov (United States)

Kotanen, Riikka

2017-10-01

This article examines intimate partnership violence as a question of criminal justice policy in Finland, and contributes to criminological discussions regarding oft-stated connections between the politicization of the victim, the treatment of offenders, and repressive criminal justice policies. In this discussion, legislation aiming to regulate and prevent violence against women has often been utilized as an example of such punitive policies. Although criminal policies in Nordic countries differ significantly from more punitive Anglophone policies, punitive tendencies, it has been argued, have increased in the former, too. This article analyzes the change in legal regulations and the criminal political status of intimate partner violence in Finland between 1990 and 2004, while examining the juxtaposition of victims and offenders alongside repressive demands.

Protection against violence in home (domestic violence – Family law, misdemeanor amd criminal aspects

Directory of Open Access Journals (Sweden)

Ivana Radić

2014-01-01

Full Text Available This paper analyses three main legal aspects of protection from family violence in Croatia: the family law aspect, focused on protecting the child but, precisely because of that, extremely important; misdemeanour law, as the most common form of legal reaction to family violence; criminal law aspect, marked by significant legislative changes. Also, a brief review of important international documents relevant to this topic is given, as well as few interesting comparative solutions. Authors conclude that, regardless of positive changes, ten years after the adoption of the Family Violence Protection Act in Croatia, there are still a lot of possibilities and, more importantly, necessity for improving protection from family violence.

Legal regime of human activities in outer space law

Science.gov (United States)

Golda, Carlo

1994-01-01

Current developments in space activities increasingly involve the presence of humans on board spacecraft and, in the near future, on the Moon, on Mars, on board Space Stations, etc. With respect to these challenges, the political and legal issues connected to the status of astronauts are largely unclear and require a new doctrinal attention. In the same way, many legal and political questions remain open in the structure of future space crews: the need for international standards in the definition and training of astronauts, etc.; but, first of all, an international uniform legal definition of astronauts. Moreover, the legal structure for human life and operations in outer space can be a new and relevant paradigm for the definition of similar rules in all the situations and environments in which humans are involved in extreme frontiers. The present article starts from an overview on the existing legal and political definitions of 'astronauts', moving to the search of a more useful definition. This is followed by an analysis of the concrete problems created by human space activities, and the legal and political responses to them (the need for a code of conduct; the structure of the crew and the existing rules in the US and ex-USSR; the new legal theories on the argument; the definition and structure of a code of conduct; the next legal problems in fields such as privacy law, communications law, business law, criminal law, etc.).

Experiencing abortion rights in India through issues of autonomy and legality: A few controversies.

Science.gov (United States)

Patel, Tulsi

2018-06-01

Abortion laws in India, like other laws, are premised on the 1861 British Penal Code. The Medical Termination of Pregnancy Act was passed in 1971 to circumvent the criminality clause around abortion. Yet the law continues to render invisible women's right to choose. Legal procedures have often hindered in permitting abortion, resulting in the death of a mother or the foetus. Despite the latest techno-medical advances, the laws have remained stagnant or rather restrictive, complicated further by selective female foetus abortions. Legal resistance to abortion-seeking after 20 weeks gestation adversely affects women, depriving them of autonomy of choice. In this paper, raising important gender, health and ethical issues are illustrated through a recent legal case in India. Feminist campaigns against the legal mindset in India are emerging.

European human rights, criminal surveillance, and intelligence surveillance : Towards “good enough” oversight, preferably but not necessarily by judges

NARCIS (Netherlands)

Malgieri, G.; de Hert, Paul; Gray, David C.; Henderson, Stephen

2017-01-01

The two European Courts (the European Court of Human Rights, ECtHR and, to a lesser degree, the European Union Court of Justice, EUCJ) have contributed greatly to the development of a legal framework for surveillance by either law enforcement agencies in the criminal law area or by secret services.

FROM THE LIBERATION STRUGGLE TO “PURE AVARICE”: INTERNATIONAL CRIMINAL LAW AND THE FRAMING OF CRIME IN SUB-SAHARAN AFRICA

Directory of Open Access Journals (Sweden)

Richard A. Wilson

2012-10-01

Full Text Available Abstract: The view advanced in this article is that over the past few decades, the efforts of Sub-Saharan Africa elites to promote human rights discourse and establish liberal institutions of the nation-state have constrained the space for justifiable law-breaking and enlarged the category of criminality. Taken together, national and international security are now pursued more through the idiom of crime and rule of law than through the political process. As a result, there is more crime than there used to be in sub-Saharan Africa.  It means that law-breaking and collective political opposition is more often construed as criminal behavior.  Not only have the classifications changed, but so have the ways of knowing about violence in Africa, and all the while, a legal prism for apprehending transgressions has gained greater prominence.  This paper illustrates this general argument by reference to South Africa during its transition from apartheid in the 1990s and to the international criminal tribunals presently prosecuting violations in the Democratic Republic of the Congo and Sierra Leone. The argument works best for those post-conflict countries affected by liberal political and legal reforms and the interventions of international criminal law, and that now includes many sub-Saharan countries, but not all.  It does not apply to relatively peaceful and prosperous countries such as Tanzania or Botswana. It does not work for Zimbabwe, but may once a post-Mugabe transition is underway. Keywords: Human rights. Crime. Rule of law

Legal policy justification for the crime of non-covered use of payment cards

Directory of Open Access Journals (Sweden)

Vuković Igor

2014-01-01

Full Text Available In this paper the authors discuss the legal policy reasons for the crime of non-covered use of payments cards (Criminal Code, Art. 228(1. In the first part of the paper the ratio legis of this crime is explained. It is concluded that the non-covered use of payment cards deserves to be criminally sanctioned only when, based of the card's use, the card issuer becomes personally liable for payment to the third party not privy to the contract between the issuer and the card-holder. Conversely, criminal proscribing is not justified when debit cards are used at the point-of-sale or the ATM of another bank, since here the issuer authorizes the payment transaction and thereby participates in assuming his own obligation to pay to the third party. The second part of the paper contains critical analysis of the proscribed non-covered use of payment cards in the Serbian Criminal Code. In this respect the authors show the lack of clarity and certain discrepancies with the explained ratio legis of such a crime. Based on the comprehensive analysis of the issues regarding the justification of criminal proscribing in this field, in the last part of the paper the authors suggest possible solutions de lege ferenda.

CRIMINALIZATION AND PROSECUTION OF HUMAN TRAFFICKING IN ETHIOPIA: ASSESSING THE LEGAL FRAMEWORK IN LIGHT OF INTERNATIONAL STANDARDS

Directory of Open Access Journals (Sweden)

Z.Sh. Woldemichael

2017-01-01

Full Text Available As is the case in many countries, in Ethiopia human trafficking causes multi-dimensional harmful consequences on individuals. With a view to addressing the problem, in 2012 Ethiopia acceded to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. For the purpose of translating the requirements of the UN Trafficking Protocol into reality, the government has taken various steps including legislative measures. Proclamation No. 909/2015 (Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation is the most recent law adopted to deal with smuggling of migrants and human trafficking. The Proclamation comprises four key aspects: criminalization and prosecution; prevention; protection, rehabilitation and compensation; and cooperation. This article critically examines whether the criminalization and prosecution aspect of the Proclamation complies with international standards.

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...

The Right to Interpretation and Translation in Criminal Proceedings. The Exigencies Imposed by the European Union. National Standards

Directory of Open Access Journals (Sweden)

Mircea DAMASCHIN

2012-08-01

Full Text Available In the present study we have analysed the right to interpretation and translation in criminal proceedings in accordance with the European Union and national regulations in the matter. From this point of view, we took into consideration EU Directives and the Romanian legal framework in criminal procedural matters (norms provided by the Criminal Procedure Code in force and provisions of the new Criminal Procedure Code. We are going to approach the present topic from a legislative perspective and also in relation to special literature in the matter and jurisprudence solutions. In the special literature from Romania, as far as we know, this topic was not studied before, the present study being one of the first attempts to analyse the national legislation comparing it to the European standards in this matter. We are going to separately analyse the right to interpretation and the right to translation in criminal proceedings. As it will be observed, there are relevant differences among the existing procedural rights and the minimum standards from this field, the presentation of this differences representing an aspect of novelty for the researchers, especially from the perspective of the fact that the European standards must be implemented within the national legislation by October 2013.

The public prosecution's role in criminal proceedings under the rule of law: legal situation in Germany with comparative law remarks on UK and USA

OpenAIRE

Krey, Volker

2009-01-01

"Analyzing the role of Germany as a law-exporting nation the essay deals with a very specific aspect of the Rule of Lawprinciple in criminal proceedings. The author describes the division of functions among police, public prosecution and criminal courts within criminal law enforcement in Germany adding some comparative law remarks. He furthermore provides an overview of structure and organization of the public prosecution in Germany. He focuses on the relationship and interacti...

Safeguarding the Dignity of Women under the Criminal Law Amendment Act 2013-A Critical Analysis

Directory of Open Access Journals (Sweden)

R C Borpatragohain

2013-11-01

Full Text Available This viewpoint aims to analyse the Criminal Law Amendment Act 2013 from a legal perspective. In doing so, it discusses the statutory safeguards of rights to a dignified life of a woman by analysing the various existing laws, which have been significantly amended to build the Criminal Act, 2013. These laws are: Indian Penal Code (IPC 1860; Indian Evidence Act 1872, Code of Criminal Procedure as amended in 1973, Immoral Trafficking Prevention Act 1956, Information Technology Act 2000, The Juvenile Justice (Care and Protection of Children Act 2000, The Protection of Women from Domestic Violence Act 2005, The Protection of Children from Sexual Offences Act, 2012, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal Act 2013. In the conclusion, I urge that although efficient laws are in operation in India towards protecting the right to live with dignity of women, however, incidents of violence against women are on the rise. Hence, a concerted effort in bringing appropriate attitudinal change is the task ahead for all Indians.

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

Directory of Open Access Journals (Sweden)

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.

BITCOIN - BETWEEN LEGAL AND INFORMAL

Directory of Open Access Journals (Sweden)

Loredana MAFTEI

2014-09-01

Full Text Available The proliferation of technology emphasized new forms of payment. During the last years, current literature highlighted the role of virtual currency, the channels of payment through digital coins and the importance of assimilation of such platforms. Bitcoin or BTC is known as a digital coin, issued for the first time in 2009 and based on a peer to peer system. The difference from other forms of payment is that BTC is not controlled by any institution or central authority. BTC transactions have grown rapidly, ”asking" for regulation measures or legal approval of governments. Although BTC has become very popular, the market is poor and unfortunately of no confidence. There is a lack of regulation which can determine a number of risks associated with criminal financing activities. However, the legal status of Bitcoin is present in many European countries like Belgium, Bulgaria, Denmark, Finland, Germany, Lithuania, Norway, Poland, Slovenia, Switzerland or Turkey. Also, this type of currency has experienced a rapid evolution among coffee shops and restaurants.

Does Type of Child Risk Affect Whether Mothers Seek Assistance for Intimate Partner Violence From Civil or Criminal Court?

Science.gov (United States)

Palmer, Jane E; Renner, Lynette M; Goodman, Lisa A; Dutton, Mary Ann

2016-03-01

We examined whether risks to children of intimate partner violence survivors affected the type of legal assistance accessed. We hypothesized that the level and type of perceived child risk would be associated with whether women sought a protection order in civil court or filed charges against a current or former intimate partner in criminal court. Using data from a sample of predominantly African American women (N=293), we found that some forms of child risk were positively associated with seeking a civil order of protection but negatively associated with pressing criminal charges. Implications for practice, policy, and future research are presented. © The Author(s) 2015.

In Defence of Culture? Racialised Sexual Violence and Agency in Legal and Judicial Narratives

Directory of Open Access Journals (Sweden)

Selda Dagistanli

2015-10-01

Full Text Available There is a rich body of work in critical race and feminist theories that have criticised as Euro/Anglo-centric, and hence exclusionary, the liberal foundations of Western democratic legal systems. The basis of such critiques is that legal personhood is premised on an atomistic individual agent that purports to be neutral but in actuality reflects and maintains the hegemonic gendered and raced status quo privileging the white, middle to upper-class man to the exclusion of women and all racial and cultural Others. Some approaches, such as cultural defences in criminal law, have sought to address this via a recognition and incorporation of the difference of Other groups and their different moral norms, proclivities and circumstances. To illustrate, this discussion will draw on a cultural defence that was advanced in a series of group sexual violence cases that involved four Pakistani, Muslim brothers. While concluding that culture permeates the actions of all individuals, this article seeks to show how cultural recognition approaches in law often overlook the individual agency of those differentiated through their racial, ethnic and religious visibility. Instead of asserting the primacy of individual free will and a rational agent as the main driver of criminal behaviour cultural defences, in particular, appear to attribute criminal action to the morally aberrant traditions and practices of non-Western cultures. At the same time, such approaches to cultural recognition fail to acknowledge that culture, and not just the culture of Others, is necessarily the backdrop for all (group sexual violence. With these points in mind, the paper ends with some suggestions for accommodating alternative narratives that seek to avoid the reductive scripts that currently appear to characterise legal and judicial musings on culture

Legal Knowledge as a Tool for Social Change

Science.gov (United States)

González Vélez, Ana Cristina; Jaramillo, Isabel Cristina

2017-01-01

Abstract In May 2006, Colombia’s Constitutional Court liberalized abortion, introducing three circumstances under which the procedure would not be considered a crime: (1) rape or incest; (2) a risk to the woman’s health or life; and (3) fetal malformations incompatible with life. Immediately following the court’s ruling, known as Sentence C-355, members of La Mesa por la Vida y Salud de las Mujeres (hereinafter La Mesa) began to mobilize to ensure the decision’s implementation, bearing in mind the limited impact that the legal framework endorsed by the court has had in other countries in the region. We argue that La Mesa’s strategy is an innovative one in the field of legal mobilization insofar as it presumes that law can be shaped not just by public officials and universities but also by social actors engaged in the creation and diffusion of legal knowledge. In this regard, La Mesa has become a legal expert on abortion by accumulating knowledge about the multiple legal rules affecting the practice of abortion and about the situations in which these rules are to be applied. In addition, by becoming a legal expert, La Mesa has been able to persuade health providers that they will not risk criminal prosecution or being fired if they perform abortions. We call this effect of legal mobilization a “pedagogical effect” insofar as it involves the production of expertise and appropriation of knowledge by health professionals. We conclude by discussing La Mesa’s choice to become a legal expert on abortion as opposed to recruiting academics to do this work or encouraging women to produce and disseminate this knowledge. PMID:28630545

Criminals or Patients? Towards a Tragic Conception of Moral and Legal Responsibility.

NARCIS (Netherlands)

Coeckelbergh, Mark

2010-01-01

There is a gap between, on the one hand, the tragic character of human action and, on the other hand, our moral and legal conceptions of responsibility that focus on individual agency and absolute guilt. Drawing on Kierkegaard’s understanding of tragic action and engaging with contemporary discourse

Evidence chain of custody break and its effects in the Brazilian criminal proceeding

Directory of Open Access Journals (Sweden)

Isabela Aparecida de Menezes

2018-03-01

Full Text Available This article aims to address the evidence’s custody chain breaks and its effects in the Brazilian criminal proceedings. Every day the theme has become more important to the point of deserving a deeper examination of its meaning and relevance as a way of guaranteeing the reliability of the evidence produced in the criminal process, from its inception until the moment of its evaluation by the court, allowing the verification of its existential chronology. Moreover, the legal basis governing the institute at a national level should be explored in order to verify the consequences of its disregarding in the light of the constitutional principles. Finally, the article seeks to point out the consequences of the disregard or violation of the evidence’s custody chain, including the implications thereof, specially regarding the incidence of unlawfulness in the evidence’s source and its repercussion in the derived evidences.

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.…

[Practical problems in criminal laws of prevention of cruelty to animals].

Science.gov (United States)

Iburg, U

2000-03-01

1. To ascertain serious pains and sufferings in the meaning of section 17 no. 2 b law of prevention of cruelty to animals you cannot do without the help of an expert witness for taking possession of evidence--apart from simple cases. Except the clarifying of fundamental questions concerning prevention of cruelty to animals a professional statement of the administrative veterinary surgeon will be as a rule sufficient. 2. For the actual seizure of animals for the purpose of confiscation and compulsory disposal the criminal justice is extremely dependent on the support of the authorities of administration. Therefore a trouble-free cooperation of criminal justice, veterinary authorities, animal homes and--concerning the protection of species--authorities for protection of endangered nature is imperative. 3. The main problems with the application of the regulation concerning the interdiction of keeping animals according to sections 20 and 20 a law of prevention of cruelty to animals are justified in the legal prerequisites. It is unsatisfactory that an interdiction of keeping animals cannot be imposed by summary punishment order and that a confiscation of animals is not possible by criminal proceedings in case of offence against sections 20 subsection 3, 20 a subsection 3 law of prevention of cruelty to animals. Therefore an admission of the sections as mentioned above to section 19 law of prevention of cruelty to animals seems to be convenient.

Backlash and Beyond: The Criminalization of Agrarian Reform and Peasant Response in the Philippines

Directory of Open Access Journals (Sweden)

Jennifer Franco

2014-01-01

Full Text Available In the 35 years since the end of the dictatorship in the Philippines many rural poor Filipinos have been caught up in a political battle over the pace and direction of agrarian change. This paper focuses on the political-legal dimension of agrarian conflict in one region, exploring how it has fueled and been fueled by criminalization, particularly the indiscriminate filing of criminal charges against share tenants struggling for recognition as legal land rights holders under the 1988 agrarian reform law. Here, criminalization is a form of landlord retribution against tenants who dare to defy the status quo. The case demonstrates how tenants get “bound by law” – e.g., caught up in inconsistencies in state law and ensnared in costly legalist traps set by powerful landowners threatened with redistribution, but then also leading to innovative collective efforts to activate state officials to step in on the side of peasants to make state law authoritative in society. En los 35 años transcurridos desde el final de la dictadura en Filipinas muchos filipinos pobres de zonas rurales se han visto atrapados en una batalla política por el ritmo y la dirección del cambio agrario. Este artículo se centra en la dimensión político-jurídica del conflicto agrario en una región, analizando cómo ha impulsado y ha sido impulsado por la criminalización, especialmente la presentación indiscriminada de cargos penales contra los aparceros que luchan por que se les reconozcan los derechos de tierra legales, bajo la ley de reforma agraria de 1988. En este caso, la criminalización es la forma que tienen los terratenientes de responder contra los aparceros que osan desafiar el status quo. El caso demuestra cómo los arrendadores están "obligados por ley" - por ejemplo, están inmersos en incoherencias en la ley estatal y atrapados en costosas trampas legalistas puestas por los poderosos terratenientes amenazados con la redistribución, pero al mismo

Gender mainstreaming in legal education in Serbia: A pilot analysis of curricula and textbooks

Directory of Open Access Journals (Sweden)

Vujadinović Dragica

2017-01-01

Full Text Available The general aim of this paper is to initiate a long-lasting systemic process of reviewing higher education in Serbia from a gender-sensitive point of view, and to offer initial input for building action plans and policies oriented towards this goal. The main focus is on analyzing legal studies from a gender-sensitive point of view and on initiating gender mainstreaming within law schools. However, this paper can aspire only to modest achievements, dealing solely with preliminary research of legal studies, with a limited but a representative sample. Namely, only two accredited study programs at two public university faculties of law in Serbia - at the Faculty of Law in Belgrade and the Faculty of Law in Niš - were taken into consideration. This pilot analysis is based on an established methodology for gender-sensitive analysis of curricula as well as of syllabi and textbooks for certain legal courses. The mentioned methodology introduces specific gender-sensitive indicators as well as three categories for assessing learning outcomes of study programs, syllabi and textbooks: gender-negative, gender-neutral, and gender-sensitive. The focus of the investigation was on of the following courses: Sociology of Law, Constitutional Law, Family Law, Labor Law, and Criminal Law. The meaning and importance of gender mainstreaming in law schools is explained in the Introduction. The normative and strategic framework for gender mainstreaming in higher education in Serbia is presented in the second chapter. The main focus of analysis - the reconsideration of curricula and textbooks from a gender perspective - is elaborated through the following three chapters: the third chapter explores the main indicators of the gender-sensitive analysis of legal education; the fourth is devoted to the analytical framework and methodology of investigation; chapter five presents the research results and their interpretation. The concluding notes clarify discrepancies between

DIREITO DE PRESENÇA DO RÉU E POSSIBILIDADE DE SUA RETIRADA DA SALA DE AUDIÊNCIAS NO PROCESSO PENAL / RIGHT TO THE DEFENDANT’S PRESENCE AND THE POSSIBILITY OF ITS WITHDRAWAL FROM THE AUDIENCE ROOM IN THE CRIMINAL PROCEDURE

Directory of Open Access Journals (Sweden)

Cláudio Mendes Júnior

2016-04-01

Full Text Available The democratic state of law rests on the legal security and on the bringing of constitutional rights and guarantees to the criminally prosecuted defendant. Among the criminal procedural safeguards, falls to full legal defense with their consequences of technical and self defense, the latter one consisting on the legal binomial of audience and presence. This research aims to evaluate whether the legal possibility inserted in the Code of Criminal Procedure art. 217 of, exceptionally, to withdraw the defendant from the instruction room violates this constitutional guarantee or not. To do so, it is done research in bibliographic material, as in jurisprudence of national courts about the topic, analyzing by deductive method how the issue is faced in our legal system. From the concrete verification that there is no absolute fundamental rights, and using the weighting technique in the collision of the right of defense with the rights to search for the real truth and protecting the psychological well-being of victims and witnesses, guided by the paradigm of proportionality, we conclude that it is properly housed the possibility of withdrawing the defendant from the courtroom. Since the legal requirements of it met clear demonstration of the defendant’s presence causing humiliation or embarrassment to witness, being able to harm the quality of sought proof. The exceptional character of the action maintains and can only be removed by reasoned decision, including justifying the non-performance of the act by videoconference.

[The harm to health of the under-age individuals as an objective criterion for the differentiation of criminal responsibilities for committing non-violent sexual offence against them].

Science.gov (United States)

Bimbinov, A A

2016-01-01

The present publication is devoted to the search for the objective criterion for the differentiation of criminal responsibilities for committing non-violent sexual offence against the juveniles under the age of 16 years. It has been shown that the current version of articles 134 and 135 of the criminal code of the Russian Federation does not adequately reflect the true character and the social danger of such actions. The formal methods of the legal, logical, and concrete sociological analysis were employed to substantiate the necessity of differentiation of criminal liability for the non-violent sexual abuse depending on the degree of potential harm to the health of the under-age individuals.

AGILE: a methodology for Advanced Governance of Information services through Legal Engineering

NARCIS (Netherlands)

Boer, A.; Sileno, G.

2013-01-01

To address agility in public administration, the Agile project developed a reference knowledge acquisition infrastructure for legal knowledge, based on a dynamic and design-oriented conceptualization of the legal system. The main objective of the project was to reframe legal knowledge as a knowledge

Physician Encounters with Human Trafficking: Legal Consequences and Ethical Considerations.

Science.gov (United States)

Todres, Jonathan

2017-01-01

There is growing recognition and evidence that health care professionals regularly encounter-though they may not identify-victims of human trafficking in a variety of health care settings. Identifying and responding appropriately to trafficking victims or survivors requires not only training in trauma-informed care but also consideration of the legal and ethical issues that arise when serving this vulnerable population. This essay examines three areas of law that are relevant to this case scenario: criminal law, with a focus on conspiracy; service provider regulations, with a focus on mandatory reporting laws; and human rights law. In addition to imposing a legal mandate, the law can inform ethical considerations about how health care professionals should respond to human trafficking. © 2017 American Medical Association. All Rights Reserved.

BORDERS OF COMMUNICATION PRIVACY IN SLOVENIAN CRIMINAL PROCEDURE – CONSTITUTIONAL CHALLENGES

Directory of Open Access Journals (Sweden)

Sabina Zgaga

2015-01-01

Full Text Available Due to fast technological development and our constant communication protection of communication privacy in every aspect of our (legal life has become more important than ever before. Regarding protection of privacy in criminal procedure special emphasis should be given to the regulation of privacy in Slovenian Constitution and its interpretation in the case law of the Constitutional Court. This paper presents the definition of privacy and communication privacy in Slovenian constitutional law and exposes the main issues of communication privacy that have been discussed in the case law of the Constitutional Court in the last twenty years. Thereby the paper tries to show the general trend in the case law of Constitutional Court regarding the protection of communication privacy and to expose certain unsolved issues and unanswered challenges. Slovenian constitutional regulation of communication privacy is very protective, considering the broad definition of privacy and the strict conditions for encroachment of communication privacy. The case law of Slovenian Constitutional Court has also shown such trend, with the possible exception of the recent decision on a dynamic IP address. The importance of this decision is however significant, since it could be applicable to all forms of communication via internet, the prevailing form of communication nowadays. Certain challenges still lay ahead, such as the current proposal for the amendment of Criminal Procedure Act-M, which includes the use of IMSI catchers and numerous unanswered issues regarding data retention after the decisive annulment of its partial legal basis by the Constitutional Court.

Legal and regulatory education and training needs in the healthcare industry.

Science.gov (United States)

Henson, Steve W; Burke, Debra; Crow, Stephen M; Hartman, Sandra J

2005-01-01

As in any other industry, laws and regulations significantly impact the functioning of the healthcare industry. Some laws, such as those relating to malpractice and social insurance systems, affect the manner in which the industry operates. Other laws, such as those regulating antitrust and employment practices, affect the organization and the environment in which the industry operates. It is increasingly important that practitioners and managers be cognizant of this complex and dynamic legal minefield. This study examined healthcare managers and executives' knowledge of 9 key issues in the legal and regulatory environment of the healthcare industry. Specifically, the study focused on knowledge concerning tort and contract liability, insurance law, labor and employment regulation, criminal and ethical responsibility, antitrust regulation, the law governing business associations and recent developments. Findings suggest that the levels of knowledge required to manage legal and regulatory issues are much greater than the existing levels of knowledge.

Defendant’s free will in legal collaboration and its relation with pre-trial detention

Directory of Open Access Journals (Sweden)

Antonio Henrique Graciano Suxberger

2017-03-01

Full Text Available The legal collaboration, a type of evidence used on organized crime prosecutions, demands free will of the defendant. Appraising the defendant’s free will, many critics cover the deals made with an arrested defendant during the negotiation of the legal collaboration. These two institutes — legal collaboration and pre-trial detention —, although they do not present themselves as a cause-effect relation, commonly are approached in practice as associated. This essay intends to evaluate the defendant’s free will during pre-trial detention and the legal collaboration’s bargaining. It asserts a strict and clear relation between pre-trial detention and the legal collaboration bargaining. Identifying occasional problems do not imply the conclusion on the existence of a structural problem to legal collaboration institute. This consideration is relevant to avoid superficial solutions that could fragilize even more the held defendant. Methodologically, from a literature review and document analysis about the subject, the paper clarifies what is a “criminal case” and what it means to the study.

The Offense of Homicide by the Victim’s Request according to the Romanian Criminal Law

Directory of Open Access Journals (Sweden)

Minodora-Ioana RUSU

2015-12-01

Full Text Available In this paper we have examined the offense of homicide by the request of the victim, newly introduced in the Romanian Criminal Law. As it results from its legal content this incrimination envisages the exceptional situation of the person, suffering from an incurable illness or a permanent medically certified disability, causing permanent and unbearable sufferings, and in this situation, the person asks someone to end their life in order to put an end to the unbearable sufferings. The justification for sanctioning such acts is motivated also by the provisions of article 22 paragraph (2 Criminal Code, according to which the consent of the injured person does not take effect for the crimes against life and when the law excludes its justifying effect. We also appreciate that this act, due to its marginal title homicide at the request of the victim and not at murder at the request of the victim, it cannot be in the history of the person who committed the act in the case of qualified murder provided for in article 189 paragraph (1, letter e of the Criminal Code. The paper continues further examination carried out in connection to the offenses under the New Criminal Code. Given the novelty in the Romanian law, the study may be useful both to theorists and practitioners.

Journey of DNA Evidence in Legal Arena: An Insight on Its Legal Perspective Worldwide and Highlight on Admissibility in India

Directory of Open Access Journals (Sweden)

Ramakant Gupta

2016-01-01

Full Text Available DNA profiling is one of the powerful breakthroughs in forensics. This specialized technique has made the identification of an individual possible even by a tiny shred of tissue or drop of blood thus, has strongly revolutionized various criminal investigations. Rape, paternity, and murder cases are the type of criminal cases commonly solved by the use of this technique. It has been recently introduced to forensic odontology and is also used frequently. Although this is a powerful and reliable scientific technique but its forensic use is a major contribution to the debate on law reform. The application of DNA profiling in the criminal justice system, i.e., the admissibility of DNA evidence in court of law is an important issue which is being faced by the courts and forensic experts worldwide today. Thus, a proper legal outlook is required while dealing with this kind of scientific evidence. Therefore, this review intends to make forensic experts/odontologists aware about the admissibility of DNA evidence in court, with a highlight on the laws related to the admissibility of evidence worldwide, having a special focus on the laws related to admissibility of evidence in Indian judicial system. For this review, the literature was overviewed from articles on DNA evidence and admissibility retrieved by searches on electronic databases such as Google, PubMed, and EMBASE from 1975 through July 2015.

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...

Dissociation: Defining the Concept in Criminal Forensic Psychiatry.

Science.gov (United States)

Bourget, Dominique; Gagné, Pierre; Wood, Stephen Floyd

2017-06-01

Claims of amnesia and dissociative experiences in association with a violent crime are not uncommon. Research has shown that dissociation is a risk factor for violence and is seen most often in crimes of extreme violence. The subject matter is most relevant to forensic psychiatry. Peritraumatic dissociation for instance, with or without a history of dissociative disorder, is quite frequently reported by offenders presenting for a forensic psychiatric examination. Dissociation or dissociative amnesia for serious offenses can have legal repercussions stemming from their relevance to the legal constructs of fitness to stand trial, criminal responsibility, and diminished capacity. The complexity in forensic psychiatric assessments often lies in the difficulty of connecting clinical symptomatology reported by violent offenders to a specific condition included in the Diagnostic and Statistical Manual of Mental Disorders (DSM). This article provides a review of diagnostic considerations with regard to dissociation across the DSM nomenclature, with a focus on the main clinical constructs related to dissociation. Forensic implications are discussed, along with some guides for the forensic evaluator of offenders presenting with dissociation. © 2017 American Academy of Psychiatry and the Law.

Legalization of drugs of abuse and the pediatrician.

Science.gov (United States)

Schwartz, R H

1991-10-01

Growing numbers of individuals are proposing that drugs be legalized in the United States, with claims that federal, state, and local efforts to prohibit the use of illicit drugs are irrational and unenforceable. "Drug reform" advocates include persons of all political persuasions. Ironically, the call for drug reform comes at a time when trends in drug abuse, as reflected in national and state surveys, show a promising decline. It also is contradictory to at least one recent public opinion poll, in which respondents opposed the legalization of marijuana by a five-to-one margin. While their position is by no means unanimous, proponents of drug reform generally base their arguments on several key premises, such as elimination of or reductions in drug trafficking, enforcement, and interdiction expenditures; increased tax revenues from the legal sale of drugs; and reductions in health-care expenses associated with drug treatment. Reform advocates further claim that legalization would not be followed by an increase in drug use. The validity of each of these arguments is highly questionable. Legalization is a simplistic, short-sighted solution to a complex issue with public health, economic, criminal justice, and societal ramifications. Legalization would, moreover, abrogate the position taken in 1961 by the United States and 114 other nations in ratifying the United Nations Single Convention on Narcotic Drugs. The impact of drug reform merits an unbiased study by an independent agency. Until that time, pediatricians should inform themselves of the arguments for and against drug reform and be prepared to educate patients and their families about the issue.

Deviating measurements in radiation protection. Legal assessment of deviations in radiation protection measurements

International Nuclear Information System (INIS)

Hoegl, A.

1996-01-01

This study investigates how, from a legal point of view, deviations in radiation protection measurements should be treated in comparisons between measured results and limits stipulated by nuclear legislation or goods transport regulations. A case-by-case distinction is proposed which is based on the legal concequences of the respective measurement. Commentaries on nuclear law contain no references to the legal assessment of deviating measurements in radiation protection. The examples quoted in legal commentaries on civil and criminal proceedings of the way in which errors made in measurements for speed control and determinations of the alcohol content in the blood are to be taken into account, and a commentary on ozone legislation, are examined for analogies with radiation protection measurements. Leading cases in the nuclear field are evaluated in the light of the requirements applying in case of deviations in measurements. The final section summarizes the most important findings and conclusions. (orig.) [de

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.

Resistance to the mainlandization of criminal justice practices: a barrier to the development of restorative justice in Hong Kong.

Science.gov (United States)

Lo, T Wing

2012-06-01

This article examines the political and legal barriers to introducing restorative justice (RJ) in Hong Kong. It argues that the processes involved in RJ may be in conflict with the rule of law, which is regarded by the citizens of Hong Kong as sacrosanct in their resistance to the "mainlandization" of criminal justice practices after China resumed sovereignty of Hong Kong. It is argued that, because it could admit such potentially harmful Chinese criminal justice concepts as "rule by the people," "absence of the presumption of innocence," "leniency for self-confession and severity for resistance," and "toeing the party line," RJ would be devoid of any restorative substance and could breach the principles of due process.

Emergencies and criminal law in Kant’s legal philosophy.

Directory of Open Access Journals (Sweden)

Thomas Mertens

2017-12-01

Full Text Available Despite Kant's explicit statement that every murderer must suffer death, there are at least four situations to be found in Kant's work in which the killing of a human being should not lead to the death penalty: when too many murderers are involved; when a mother kills her illegitimate child; when one duellist kills the other; when one person pushes another off a plank in order to save his life. This paper discusses these situation and concentrates on the last situation - Kant's interpretation of the plank of Carneades – with an eye to what they learn us about Kant understanding of the law. Does Kant acknowledge a legal vacuum? In order to come to a conclusion, Kant's 'solution' of the plank is compared with those suggested by other authors, such as Cicero, Pufendorf and Lon Fuller in his famous 'speluncean explorers' case.

Medical confidentiality versus disclosure: Ethical and legal dilemmas.

LENUS (Irish Health Repository)

Agyapong, V I O

2009-02-01

A case is described of a fifty year old single man who made disclosures about criminal sexual practices during a psychiatric assessment. In common practice with other professional men, a doctor is under a duty not to disclose, without the consent of his patient, information which he has gained in his professional capacity other than in exceptional circumstances. We discuss the ethical and legal considerations surrounding issues of medical confidentiality and the dilemma that sometimes face clinicians, when they feel obliged, in the public interest, to disclose information they have gained in confidence. Breach of confidences can have deleterious consequences; particularly for the doctor-patient relationship, but failure to disclose in some situations could have serious implications for the well-being of the wider society. Doctors should be aware of the basic principles of confidentiality and the ethical and legal framework around which they are built.

ANALYSIS OF LEGAL AND METHODOLOGICAL GROUNDS FOR RISK-ORIENTED SURVEILLANCE OVER CONSUMER PRODUCTS: TASKS AND DEVELOPMENT PROSPECTS IN THE EURASIAN ECONOMIC UNION

Directory of Open Access Journals (Sweden)

N.V. Zaitseva

2017-12-01

Full Text Available The paper dwells on basic legal and sub-legislative documents issued in the EU, the USA, Canada, by the WTO and Codex Alimentarius Commission which provide control of consumer products safety on the basis of assessing risks for consumers' life and health. Risk-oriented surveillance is shown as a system which makes for lower loads on business but still provides systemic control over most hazardous products. The EU legislation fixes the right to perform supranational control over state control systems existing in the EU member states in terms of their relevance and legitimacy. This supranational control is supported by organizational structures and regulatory and methodological documents. National control systems are systematically reviewed and analyzed in order to secure their conformity to supranational regulatory acts, to detect any cases of non-compliance, and to spread the best practices. Risk analysis reviews and results are open and discussable. As a result of products hazards assessment their turnover can be limited, or they can be withdrawn from the market, or additional information on hazards or risks they may cause is to be provided for consumers. Public and constantly operating systems of informing about hazardous goods are well-developed. International experience and practices in the sphere of risk-oriented surveillance over consumer products can be and should be applied in the Eurasian Economic Union (EEU countries. The Eurasian Economic Union countries fix orientation at observing consumer goods safety principles in their legislation. There are also legal grounds for and practices in the sphere of risk-oriented approach to products manufactures. But it is necessary to further develop a products classification system as per consumer health risk parameters. And this task requires working out unified approaches to classification of both eatable and non-eatable products. It seems relevant to develop a public analytical database of risk-oriented

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.

The Creation and the use of Profiles of Banks for Genetic Prosecution Purposes Criminal in Brazil : An Analysis Through Bioethics and by the Advent of Law 12,654 / 2012

Directory of Open Access Journals (Sweden)

Carlos Eduardo Martins Lima

2015-12-01

Full Text Available This article aims to explain in general terms, the analysis of the use of banks of genetic profiles for criminal prosecution purposes in Brazil through the advent of Law 12,654 / 2012 and through the principles of bioethics , international documents, principles and guarantees constitutional and human rights , seeking to emphasize the importance of using this forensic tool and technology to fight crime in Brazil. Moreover, through critical reflection , we seek to analyze the legal instrument focusing on the Brazilian criminal law and forensic genetics , through the study of human identification. At the end , we seek a conclusion on the effectiveness of this technology in the criminal context

The legal status of the fetus: an international review.

Science.gov (United States)

Seymour, John

2002-08-01

The article examines the way that courts and legislatures in the United Kingdom, the United States of America, Canada and Australia have answered questions regarding the legal status of a fetus. These questions have arisen in a variety of legal situations: the article deals with succession, criminal, child protection and negligence law. The conclusion offered is that a fetus has a value and an existence that the law should recognise. This does not mean, however, that in all circumstances the law should protect the interests of the fetus. Law-makers will respond differently to claims made on behalf of a fetus, depending on the context. The fetus does not have a uniform value or character in the eyes of the law. The law makes choices as to the situations in which it will take account of actual or threatened antenatal harm.

Paradigms of forensic science and legal process: a critical diagnosis.

Science.gov (United States)

Roberts, Paul

2015-08-05

This article reconsiders the relationship between criminal adjudication and forensic expertise in the light of 'new paradigms' of forensic practice and recent law reform. It briefly summarizes conventional wisdom on the typical shortcomings of forensic science and other expert evidence, as a springboard for a more searching critical diagnosis of longstanding maladies. The fundamentally jurisdictional nature of law is emphasized, and some implications for expert testimony noted. English law's traditionally adversarial model of criminal procedure is then reassessed, taking account of a proper understanding of its normative structure and modern development, and drawing on comparative legal research and theorizing to obtain a more rounded second opinion. In conclusion, some avenues for intelligent prescription are canvassed, highlighting the importance of promoting and facilitating effective communication between experts, lawyers and courts, and prioritizing modest practical remedies over radical surgery. © 2015 The Author(s) Published by the Royal Society. All rights reserved.

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...

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”

Unpacking insanity defence standards: An experimental study of rationality and control tests in criminal law

Directory of Open Access Journals (Sweden)

Rebecca K. Helm

2016-07-01

Full Text Available The present study investigated the impact of different legal standards on mock juror decisions concerning whether a defendant was guilty or not guilty by reason of insanity. Undergraduate students (N = 477 read a simulated case summary involving a murder case and were asked to make an insanity determination. The cases differed in terms of the condition of the defendant (rationality deficit or control deficit and the legal standard given to the jurors to make the determination (Model Penal Code, McNaughten or McNaughten plus a separate control determination. The effects of these variables on the insanity determination were investigated. Jurors also completed questionnaires measuring individualism and hierarchy attitudes and perceptions of facts in the case. Results indicate that under current insanity standards jurors do not distinguish between defendants with rationality deficits and defendants with control deficits regardless of whether the legal standard requires them to do so. Even defendants who lacked control were found guilty at equal rates under a legal standard excusing rationality deficits only and a legal standard excluding control and rationality deficits. This was improved by adding a control test as a partial defence, to be determined after a rationality determination. Implications for the insanity defence in the Criminal Justice System are discussed.

The reliability and validity of the rating scale of criminal responsibility for mentally disordered offenders.

Science.gov (United States)

Cai, Weixiong; Zhang, Qingting; Huang, Fuyin; Guan, Wei; Tang, Tao; Liu, Chao

2014-03-01

In China, the criminal responsibility of the mentally disordered offenders is divided into three levels, there are the whole responsibility, diminished responsibility and irresponsibility. According to the Criminal Law, "If a mental disordered patient causes harmful consequences at a time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility." That means there are two standards of assessing criminal responsibility, namely volitional and cognitive capacity. It is as equal as the Mc'Naughton Rule and the Irresistible Impulse Test. But for a long time, the criminal responsibility was assessed mainly by experience because of lacking of standardized assessment instrument. Recently, we have developed "the rating scale of criminal responsibility for mentally disordered offenders (RSCRs)". The scale includes eighteen items, namely criminal motivation, aura before offense, inducement of crime, time and place and object and tool selectivity of crime, emotion during the crime, shirking responsibility after offense, concealing the truth during inquest, camouflage, understanding the nature of the offense, estimating the consequence of the offense, impairment of life ability, impairment of learning or work, impairment of insight, impairment of reality testing, and impairment of self-control. This scale can be applicable for all cases and easy to use. This scale had been tried out in several forensic psychiatry institutes, the Cronbach α of the scale is 0.93, and all items have high correlation with the total score of the scale (r=0.50-0.89). Two factors were extracted by the factorial analysis, and the cumulative squared loading was 68.62%. The scores of the three levels were 9.66 ± 5.11, 26.54 ± 5.21 and 40.08 ± 7.90 respectively and highly significant differences were observed among groups. By establishing discrimination analysis among three levels, classification

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

Original article Criminal thinking styles of minors. Social and personality correlates

Directory of Open Access Journals (Sweden)

Magdalena Rode

2014-12-01

Full Text Available Background This paper presents an attempt to determine the predictors of criminal thinking styles of minors, based on the theory of Glenn Walters. The construct which is the subject of this study, that is, criminal thinking, is treated as a factor that initiates and supports anti-social behaviour. It manifests itself in eight thinking styles (patterns: mollification, cut-off, entitlement, sentimentality, power orientation, cognitive indolence, discontinuity, and superoptimism. Participants and procedure The study involved 114 people: 65 boys and 49 girls. The research group consisted of minors – boys and girls who were referred, by order of the court, to Diagnostic and Consultation Family Centres to receive a psychological opinion, the purpose of which was to determine the degree of demoralisation of the minor. The study was also attended by the guardians of minors. A criterion for including a minor in this study was committing an offence. Results For each criminal thinking style, a forward stepwise regression analysis was conducted. Variables describing minors and mothers were included in the regression model. The aim of this approach is to identify the configuration of predictors of criminal thinking styles. In each of the models the coefficient of determination, R2, and  coefficients were calculated. Conclusions The predictors of criminal thinking styles identified by the regression analysis show the complexity and heterogeneity of factors contributing to the emergence of these cognitive distortions. Predictors include both properties conditioning the psychosocial functioning of mothers and factors determining the personality of a minor (sense of control, low empathy, low self-esteem. There is a noticeable influence of factors attributable to the mothers – variables derived from the environment (demanding, rejecting, inconsistent attitude.

[Selected problems in the forensic-psychiatric evaluation of persons posing a likelihood of repeating a criminal act].

Science.gov (United States)

Florkowski, Antoni; Zboralski, Krzysztof; Nowacka, Agata; Strójwas, Krzysztof; Flinik-Jankowska, Magdalena; Konopa, Aleksandra; Łacisz, Joanna; Wierzbiński, Piotr

2014-09-01

In the current penal code, compared to previous regulations, there have been alterations concerning medical security measures. These amendments have been prompted by socio-politic circumstances in Poland as well as implementation of Mental Health Act. According to the current law the court, on the request of expert psychiatrists, can pronounce a sentence of obligatory stay in psychiatric institution for perpetrator of criminal act who has been deemed not sane due to 31 subsection 1 of penal code and who is predictably able of recidivism. In legal-medical practice those less experienced expert psychiatrists may encounter difficulties producing expertise for the court, especially evaluating probability of recurrence of committing a criminal act and resulting request for psychiatric detention. In order to make this issue more acquainted we present a review of literature concerning it.

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

Death by homeopathy: issues for civil, criminal and coronial law and for health service policy.

Science.gov (United States)

Freckelton, Ian

2012-03-01

Homoeopathy has a significant clinical history, tracing its roots back to Hippocrates and more latterly to Dr Christian (Samuel) Hahnemann (1755-1843), a Saxon physician. In the last 30 years it has ridden a wave of resurgent interest and practice associated with disillusionment with orthodox medicine and the emergence of complementary therapies. However, recent years have seen a series of meta-analyses that have suggested that the therapeutic claims of homeopathy lack scientific justification. A 2010 report of the Science and Technology Committee of the United Kingdom House of Commons recommended that it cease to be a beneficiary of NHS funding because of its lack of scientific credibility. In Australia the National Health and Medical Research Council is expected to publish a statement on the ethics of health practitioners' use of homoeopathy in 2013. In India, England, New South Wales and Western Australia civil, criminal and coronial decisions have reached deeply troubling conclusions about homoeopaths and the risk that they pose for counter-therapeutic outcomes, including the causing of deaths. The legal decisions, in conjunction with the recent analyses of homoeopathy's claims, are such as to raise confronting health care and legal issues relating to matters as diverse as consumer protection and criminal liability. They suggest that the profession is not suitable for formal registration and regulation lest such a status lend to it a legitimacy that it does not warrant.

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...

[Criminal claims about medical professional liability in the Instituto de Medicina Legal of Lima, Peru].

Science.gov (United States)

Navarro-Sandoval, Cleyber; Arones-Guevara, Shermany; Carrera-Palao, Rosa; Casana-Jara, Kelly; Colque-Jaliri, Tomasa

2013-07-01

To determine the characteristics of the criminal complaints claining medical professional liability, based on the expert reports issued by the Forensic Examination Division of Lima, Peru. A cross-sectional study was carried out, which included all the expert reports issued between 2005 and 2010 at the Forensic Examination Division of Lima, Peru. A descriptive analysis of each of the variables was performed. 60.3% (495/821) of the criminal complaints for medical professional liability were valued as being in accordance with the lex artis while 16.8% (138/821) were not in accordance with the lex artis. In 13% (107/821) of the cases, conclusions could not be drawn;in 9.9% (81/821) of the cases, the conclusions in the expert report did not include an valuations of the medical act.The cases in which the injury was attributed to the process of the disease itself accounted for 80.9% (502/620), and those in which in the injury was considered a result of the health care received were 19.0% (118/620). The distribution of the cause of the injury based on accordance with the lex artis showed significant differences. In our country, the number of claims for claimed medical liability is increasing, predominantly in relation to surgical specialties, where a medical act is more likely to be considered not in accordance with the lex artis. In addition, in a significant percentage of cases, no conclusions are drawn about the medical act.

The Execution of Criminal Fine Penalty

Directory of Open Access Journals (Sweden)

Cosmin Peneoașu

2014-05-01

Full Text Available This paper aims at dissecting the criminal provisions on criminal enforcement of fines in current Romanian criminal law with the goal of highlighting the new penal policy stated in the larger field of criminal penalties. In the new Criminal Code the fine penalty experience a new regulation, but also a wider scope compared to the Criminal Code from 1968, with an exponential growth of the number of offenses or variations of them, for which a fine may be imposed as a unique punishment, but, especially, as an alternative punishment to imprisonment. Consequently, to ensure the efficiency of this punishment, the effective enforcement manner of the fine takes a new dimension. The study aims both students and academics or practitioners in the making. Furthermore, throughout the approach of this scientific research, new matters that new criminal legislation brings, are emphasized regarding this institution, both in a positive, and especially under a critical manner.

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.

LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW

Directory of Open Access Journals (Sweden)

Emilian CIONGARU

2014-05-01

Full Text Available Knowing that in more and more cases, the only defence of the party whose law or interest has been injured is to invoke the abuse of law, the express interdiction of the abuse of law becomes a need as an answer to the social demand for legality and equality in all legal relationships. The issues of current legislation related to the abuse of law may be analysed in the light of the social role law has, especially from the viewpoint of its function of harmonization of the individual interests with the general ones. The concrete way to express the abuse of law is represented by the exercise of the subjective law beyond its legal limits as well as the pursuit of a goal in bad faith, but other goal than the one for which the law was consecrated. The role of legal liability for the abuse of law is represented by the legal relationship of constraint whose content consists in a plurality of rights and obligations of substantive or procedural law appearing as a result of commitment of some deeds non-compliant with the model prefigured by the legal norm by which the state is entitled to hold liable the one who exercised a subjective law in bad faith cumulated with the violation of the goal for which such law was consecrated and the guilty party is going to answer for their deed and to obey the sanctions provided under the law. This paper focuses on the conditions that must be met cumulatively, in the current legislation, so that the holder of a subjective law exercised abusively may become the subject of civil, contraventional, criminal, and administrative legal liability, etc.

The fight against human trafficking in the Amsterdam Red Light District

NARCIS (Netherlands)

Spapens, A.C.M.; Rijken, C.R.J.J.

The Amsterdam Red Light District is famous for its sex-oriented businesses. Although prostitution was legalized in 2000, this did not end some of its criminal side effects, particularly the trafficking in women. In an effort to combat human trafficking in the district, the local authorities launched

Domestic violence and Special Criminal Courts: analysis from the legal feminism and penal criticism perspectives

OpenAIRE

Campos, Carmen Hein de; Carvalho, Salo de

2006-01-01

Este artigo pretende demonstrar a possibilidade de análise crítica da Lei 9.099/95 a partir de dois discursos considerados marginais no campo do direito penal: o feminismo jurídico e o garantismo penal. Considerando a vítima no momento do crime e o autor do fato durante o processo penal, esses discursos interagem, procurando construir um diálogo para demonstrar a ineficácia da lei em ambas as perspectivas.This article aims at demonstrating the possibility of criticism about the criminal law (...

Mitigation of Marijuana-Related Legal Harms to Youth in California.

Science.gov (United States)

Banys, Peter

2016-01-01

If recreational marijuana is legalized for adults in California, a rational implementation of public policy would neither criminalize youth possession, nor medically pathologize it by conflating possession with addiction. The harms of a criminal justice approach to juveniles should not exceed the harms of the drug itself. Juvenile arrests and probation have consequences: (1) arrest records, probation, and juvenile hall; (2) an incarceration subculture, "crime school," psychological and re-entry costs; (3) school "zero-tolerance" expulsions and suspensions; (4) ineligibility for federal school loans; (5) employment screening problems; (6) racial disparities in arrests; (7) fines and attorney's fees; and (8) immigration/naturalization problems. Marijuana-related arrest rates in California dropped after a 2011 law making possession under 1 oz. an infraction for all, but juvenile marijuana arrests continue to outnumber arrests for hard drugs. Recommendations for prudent implementation policy include: stable marijuana tax funding for Student Assistance Programs (SAPs) in high schools; elimination of "zero-tolerance" suspension/expulsion policies in favor of school retention and academic remediation programs; juvenile justice transparency discriminating among infractions, misdemeanors, and felonies. Criminal sanctions and durations must be proportional to the offense. Probation-based interventions should be reserved for larger possession amounts and recidivist offenders, and outcomes should be independently evaluated.

Anti-corruption policy in the system of legal measures

Directory of Open Access Journals (Sweden)

Tatyana Viktorovna Filonenko

2015-09-01

Full Text Available Objective to determine the scientificmethodological foundations of anticorruption policy. Methods dialectical approach to cognition of social phenomena allows to explore the combination of objective and subjective factors influencing the formation and implementation of anticorruption policy. The author39s model of anticorruption policy is based on the wide range of logical methods of information processing modeling abstraction analysis analogy. Scientific hypothesis and formal legal analysis were also used. Results basing on comparison of the recent theoreticallegal criminallegal and criminological research in the field of legal and anticorruption policy the scientificmethodological foundations of anticorruption policy are disclosed. The authors attempt to systematize the scientific interpretation of anticorruption policy. The concept of legal policy its forms tools subjects and typesare discussed. As a result it becomes possible to describe the current anticorruption policy using terminology from the theory of legal policy. This approach can increase the effectiveness of modern anticorruption policy as it allows to clearly see the gaps and shortcomings in lawmaking and law enforcement during the anticorruption policy implementation. Scientific novelty the article makes an attempt to describe the current anticorruption policy with the use of terminology and models developed in the theoretical and legal research for the characterization of legal policy and its particular directions. Practical significance the main provisions and conclusions of the article can be used in scientific and pedagogical work when considering questions about the nature and trends of the modern anticorruption policy development. The applied approach allows to bring together criminal law criminology and theoreticallegal research of anticorruption policy. nbsp

The dark side of risk and crisis communication: legal conflicts and responsibility allocation

Science.gov (United States)

Scolobig, A.

2015-04-01

Inadequate, misinterpreted or missing risk and crisis communication may be a reason for practitioners, and sometimes even science advisors, to become subjects of criminal charges. This work discusses the legal consequences of communication. After presenting some cases, the discussion focuses on three critical issues: the development of effective communication protocols; the role, tasks and responsibilities of science advisors; and the collateral effects of practitioners' defensive behaviours. For example, if the avoidance of personal liability becomes a primary objective for practitioners, it may clash with other objectives, such as the protection of vulnerable communities or the transparency of decision-making. The conclusion presents some ideas for future research on the legal aspects of risk communication.

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.

Critical bioethics in the time of epidemic: The case of the criminalization of HIV/AIDS nondisclosure in Canada

Directory of Open Access Journals (Sweden)

Jennifer M. Kilty

2017-01-01

Full Text Available This article highlights the ethically uncertain and emotionally charged climate that governs the criminalization of HIV nondisclosure in Canada. Focusing on AIDS Service Organizations (ASO, we suggest that interlocutors perform critical work that helps people living with HIV/AIDS make sense of their rights and responsibilities. Semi-structured interviews with 62 ASO staff across Canada revealed this shifting landscape of HIV advocacy in the age of criminalizing HIV nondisclosure. Drawing on a critical bioethics approach that is informed by considering the role of emotion in decision-making, this article critiques the liberal model of the rational actor that is central to traditional discussions of bioethics and law. Our findings suggest that ASO workers have varying degrees of knowledge about the intricacies of legal duties of disclosure, which affect how they balance their own emotions and thoughts about nondisclosure with their professional duties to provide support and counselling. Ultimately, we argue that critical bioethics in the context of criminalization commands us to appreciate the inherently affective nature of the environment in which bioethical decisions are made.

Evidence supporting broader access to safe legal abortion.

Science.gov (United States)

Faúndes, Anibal; Shah, Iqbal H

2015-10-01

Unsafe abortion continues to be a major cause of maternal death; it accounts for 14.5% of all maternal deaths globally and almost all of these deaths occur in countries with restrictive abortion laws. A strong body of accumulated evidence shows that the simple means to drastically reduce unsafe abortion-related maternal deaths and morbidity is to make abortion legal and institutional termination of pregnancy broadly accessible. Despite this evidence, abortion is denied even when the legal condition for abortion is met. The present article aims to contribute to a better understanding that one can be in favor of greater access to safe abortion services, while at the same time not be "in favor of abortion," by reviewing the evidence that indicates that criminalization of abortion only increases mortality and morbidity without decreasing the incidence of induced abortion, and that decriminalization rapidly reduces abortion-related mortality and does not increase abortion rates. Copyright © 2015. Published by Elsevier Ireland Ltd.

Should virtual cybercrime be regulated by means of criminal law? A philosophical, legal-economic, pragmatic and constitutional dimension

NARCIS (Netherlands)

Strikwerda, Litska

2014-01-01

This paper will be about the question of whether or not virtual cybercrime should be regulated by means of criminal law. By virtual cybercrime I mean activities such as the stealing of virtual property or the killing of an avatar (a player's virtual representation) within the virtual worlds of

Sexual harassment in the medical profession: legal and ethical responsibilities.

Science.gov (United States)

Mathews, Ben; Bismark, Marie M

2015-08-17

Sexual harassment of women in medicine has become a subject of national debate after a senior female surgeon stated that if a woman complained of unwanted advances her career would be jeopardised, and subsequent reports suggest that sexual harassment is a serious problem in the medical profession. Sexual harassment of women in the medical profession by their colleagues presents substantial legal, ethical and cultural questions for the profession. Women have enforceable legal rights to gender equality and freedom from sexual harassment in the workplace. Both individual offenders and employers face significant legal consequences for sexual harassment in every Australian state and territory, and individual medical practitioners and employers need to understand their legal and ethical rights and responsibilities in this context. An individual offender may be personally liable for criminal offences, and for breaching anti-discrimination legislation, duties owed in civil law, professional standards and codes of conduct. An employer may be liable for breaching anti-discrimination legislation, workplace safety laws, duties owed in contract law, and a duty of care owed to the employee. Employers, professional colleges and associations, and regulators should use this national debate as an opportunity to improve gender equality and professional culture in medicine; individuals and employers have clear legal and ethical obligations to minimise sexual harassment to the greatest extent possible.

Evaluating motives: Two simple tests to identify and avoid entanglement in legally dubious urine drug testing schemes.

Science.gov (United States)

Barnes, Michael C; Worthy, Stacey L

2015-01-01

This article educates healthcare practitioners on the legal framework prohibiting abusive practices in urine drug testing (UDT) in medical settings, discusses several profit-driven UDT schemes that have resulted in enforcement actions, and provides recommendations for best practices in UDT to comply with state and federal fraud and anti-kickback statutes. The authors carefully reviewed and analyzed statutes, regulations, adivsory opinions, case law, court documents, articles from legal journals, and news articles. Certain facts-driven UDT arrangements tend to violate federal and state healthcare laws and regulations, including Stark law, the anti-kickback statute, the criminal health care fraud statute, and the False Claims Act. Healthcare practitioners who use UDT can help ensure that they are in compliance with applicable federal and state laws by evaluating whether their actions are motivated by providing proper care to their patients rather than by profits. They must avoid schemes that violate the spirit of the law while appearing to comply with the letter of the law. Such a simple self-evaluation of motive can reduce a practitioner's likelihood of civil fines and criminal liability.

Insane defendants and forensic convicts: before and after the onset of the new forensic psychiatry network and the criminal justice system reform in Chile.

Science.gov (United States)

Cid, Rodrigo D

2010-09-01

Like other Latin American democratic societies, Chile is supposed to respect legal rights of mentally ill people who are in trouble with the law, and provide them protection, treatment and welfare. Therefore, in this decade, the Chilean Criminal Justice and Mental Health System has undergone significant changes. Because this article is related to the recent social features that involve different areas such as justice, mental health assistance and forensic psychiatry systems, and thereby the nonexistence of current literature that reviews this matter from a global perspective and its implications for the mental health population involved in the justice system, its review and analysis seems to be interesting. The 'New Forensic Psychiatry Network' (NFPN) has been putting in relevant efforts to offer proper treatment and forensic assessment taking into account the civil rights of mentally insane people, and the 'Criminal Justice System Reform' (CJSR) is making possible legal conditions for better justice ensuring a more just resolution of insane defendants' and mentally ill convicts' lawsuits. From the author's viewpoint, all these changes are leading to a deep cultural impact on a Chilean's mind, changing their vision of justice and how society should respect insane defendants' and mentally ill convicts' legal rights.

Problems arising in connection with the commissioning of experts in conflict-oriented implementation of nuclear law. The legal status of expert opinions in administrative procedures under the Atomic Energy Act

International Nuclear Information System (INIS)

Fiebig, T.H.

1995-01-01

Court decisions available so far do not primarily consider the problems linked to the commissioning of an expert and his mandate, as well as the legal status of the commissioning of an expert as an administrative act which might be legally contestable. Thus there are at present no court decisions that would create legal certainty in matters of the act of commissioning a nuclear expert opinion. The current legal situation is such that an independent order for commissioning of an expert opinion in compliance with section 19 III AtG (Atomic Energy Act), which in general is given in response to the refusal of the facility operator to do so, can be independently contested on the basis of section 44 a, sentence 2 VwGO (Rules of Administrative Courts). The current practice of conflict-oriented, or nuclear power phase-out-oriented, implementation of the nuclear law poses a threat to our constitutional state and to our democracy. The supply of energy as a common good is of essential importance and thus deserves fair and objective treatment free of emotions, including the matter of nuclear energy. In cases of nuclear licensing procedures meeting with impedimental treatment by a Land government favouring the nuclear power phase-out, this treatment however not fitting into the Land governments' overall political line, there is reason to call upon the Federal Government to take action for clarifying the situation. (orig./HP) [de

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...

Penitentiary crime as an object of legal research

Directory of Open Access Journals (Sweden)

Sergey Aleksandrovich Khokhrin

2015-09-01

Full Text Available Objective basing on statistical data and generalized empirical material to study the structure and dynamic properties of the penitentiary crime which are necessary to elaborate measures to prevent crimes involving the penitentiary system. Methods comparativelegal logicaljuridical analysis of documents survey results statistics and litigation. Results basing on the analysis of more than 1400 convictions for committing crimes by convicts while being imprisoned as well as statistical indicators of crime in penitentiary institutions since 2005 it is proposed to divide all the recorded facts of crime into categories. This will allow to define some categories of crimes committed in penitentiary institutions. Comparing the results of the analysis of judicial practice the survey of the staff and the statistical reports suggests that convicts with two or three convictions are most likely to commit crimes in the penitentiary institution. In our view an effective incentive to forgo crimes and resocialize may be a legal norm regulating sentencing for offences committed during the period of serving the sentence Article 68 of the Criminal Code of the Russian Federation quotSentencing for the offence during the period of serving the sentence quot. Scientific novelty the conclusion is made about the need to extinguish the risk groups by committing crimes in penitentiary institutions. The proposals are formulated to supplement the criminal law. Practical significance the materials and conclusions of the article can be used in lawmaking activity for the development of draft laws on amendments and additions to the Criminal Code of the Russian Federation in scientific work in the preparation of the dissertation research monographs textbooks and articles teaching the courses quotCriminal lawquot and quotCriminologyquot as well as courses for qualificationnbsp promotion. nbsp

Basic legal provisions concerning the activities of industrial security personnel

International Nuclear Information System (INIS)

Eberstein, H.H.

1980-01-01

The author confines himself to sabotage and espionage. Necessary counter-measures are determined by the respective type of activities. Sect. 618 of the German Civil Code and Sect. 120 a of the Industrial Code give basic legal provisions for the protection of industrial personnel. The legal position held by owner or occupant forms the legal basis for 'vulnerable point protection'. The owner's rights are assigned to the industrial police and are exercised in correspondence with the service or employment contract set up according to Sect. 611 and the following sections of the German Civil Code. Outside guards work according to the performance contract given int the Sections 675, 611, 631 of the German Civil Code. The security personnel has the common right of self-help: self-defence, civil rights concerning the state of national emergency and self-defence under criminal law, rights derived from ownership and property. The author critically argues views held by Mr. Hoffmann-Riem who thinks that police powers have been assigned to private persons. He definitely answers in the negative to the execution of, or encroachment on, sovereign (police) powers by industrial security personnel. A special legal regulation is not necessary, since private protection in form of professional selfdefence is admissible under the law in force. (HSCH) [de

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....

Is there a binding link between decisions of the atomic energy authority and criminal law?

International Nuclear Information System (INIS)

Horn, E.

1988-01-01

The paper analyses the court decision on the Alkem case, which acquitted the Alkem plant operators of the charge of infringement of section 327 Penal Code, not for legal reasons, but for lack of evidence for some facts considered essential by the court. The paper discusses the charge and the judgment, the issue of justification in this case, and items such as preliminary consent by an authority, misuse of rights, objections based on criminal law, the dilution of the administrative (law) accessoriness. (RST) [de

The Relevance of Criminal Courts in the Global South

Directory of Open Access Journals (Sweden)

Pablo Leandro Ciocchini

2017-12-01

Full Text Available The literature on comparative law has a long and robust tradition, but studies comparing courts and judicial systems are scarce. Comparative studies in the Global South, following Shapiro’s institutional approach, have aimed to measure the involvement of courts in politics by assessing the power of the judiciary in society, the level of judicial independence, and their role in the context of the judicialization of politics. The focus was on the high courts, including either Constitutional or Supreme Courts. Criminal courts have not received similar attention despite the influence of their everyday decisions on people’s lives and their perception of the judicial system. This article argues that developing a comparative approach for criminal courts in the Global South is needed to help understand the role they play in the development of the rule of law and democratic life. This comparative study helps understand the impact of judicial reform programmes in the Global South. These reforms, inspired by a neoliberal paradigm, have focused on improving the efficiency of the courts. The reforms have promoted managerial techniques detrimental to the standards of due process. Any assessment of the impact of the reforms on the courts in the Global South should start by recognising the widely differing settings under which they operate. This context is characterised by serious economic constraints, such as a lack of material and human resources, and a democratic deficit legacy from the past authoritarian regimes, including widespread police abuse and corruption. Given this context, the role of the courts in ensuring due process and the legality of police procedures is crucial. The impact of the judicial reforms promoting managerial rationality in recent decades must be analysed. To examine the role courts are playing in criminal matters, two cases were explored where courts have undergone extensive judicial reforms, Argentina and the Philippines.

Legal Regulations Concerning Some Measures Taken To Accelerate The Settlement Of The Processes In Romania

Directory of Open Access Journals (Sweden)

Ion Țuțuianu

2014-03-01

Full Text Available AbstractThe small reform represented a significant step in the dynamics of the Romanian legal life. The amendments of the civil and criminal law prefigured the long waited big reform of the national legislation, to identify the mechanisms needed to accelerate the settlement of the processes as an essential coordinate of the constitutional state. The Law no. 202 from October 25, 2010 concerning some measures to accelerate the settlement of the processes brought in actuality several problems the activity of interpretation and law enforcement, of bridging modifying provisions with the existing ones in the Code of Civil Procedure and the Code of Criminal Procedure, at that time, but also concerning the application in time.Keywords: reform, mediation, offense.

Abortion before the judge] Moves to bring a social conflict within a legal framework in FRG.

Science.gov (United States)

Heinrichs, J

1989-01-01

In 1976 there was a complete overhaul and significant liberalization of the criminal code statutes governing termination of pregnancy in the Federal Republic of Germany. Yet in 1989 there was still a demand for restricting the criminal law, whereas others were calling for total elimination of criminal law restrictions on termination of pregnancy (Section 218 of the Criminal Code). Following investigations by the public prosecutors in Celle, Nuremberg, and Koblenz, a major criminal case was generating a great deal of interest in Memmingen, a town in Bavaria. In that case, gynecologist Dr. Horst Theissen stood accused of carrying out 156 illegal abortions. This was revealed during a tax investigation; however, the revenue officials simply disregarded the legal principle of medical confidentiality and passed the doctor's files to the public prosecutor's office. In consequence, hundreds of women and their relatives were served summonses and the doctor himself was put in trial. The charge against him was that the mandatory consultations prior to termination of pregnancy had not been carried out in compliance with the law. However, the main reason for taking action was the assumption that no emergency had existed. The Bavarian Christian Democrats resolved to investigate the possibility of appealing to the Federal Constitutional Court to examine the degree to which Sections 218b and 219 of the Criminal Code might be in conflict with the basic principles of the Constitution. Jurists from the same political camp were demanding a new criminal provision to block the availability of RU-486. The Association of Gynecologists opposed the notion of medical findings being subjected to review by lawyers; it considered this to be a breach of the confidentiality of the doctor/patient relationship. In extensive press campaigns concerned women, men, and physicians acknowledged their involvement in abortions and demanded an end to criminalization.

Ways of implementation of fatf recommendations on combating criminal incomes at bills market

Directory of Open Access Journals (Sweden)

Анатолій Іванович Гулей

2015-05-01

Full Text Available In this article the measures directed on counteraction to laundering of criminal incomes are considered about the financial transaction with using bills of exchange and promissory notes. A study and analysis of the development process of bills of exchange and promissory notes in different countries of the world, the nature of bills as payment document, securities, commercial and bank credit, and process of immobilization of bills. Also, the problems of the legal framework relating to bill circulation in Ukraine are investigated and some recommendations for reduce the risks of bill circulation are given

[Responsibilities of physicians in legal practice with emphasis on civil law].

Science.gov (United States)

Veselić, Ivica

2007-01-01

Medical doctors and lawyers respectively are very often directed to cooperate in many different ways. It is worth informing the medical doctors in a simple and understandable way of a newer and more recent practice of the term of responsibility and its usage in legal practice. Placing subjective or objective medical doctors' responsibility arises a considerable doubt in practice. Author's opinion is that the legal practice should keep the subjective responsibility because it is precisely the subjective responsibility that has a supremacy over the objective one. He is, of course, taking into consideration the honorable medical profession which shouldn't professionally constraint the doctors in doing their honorable work by confronting them with ethical and professional dilemma about whether they would be burdened with criminal or civil responsibility, and all that on the assumption of lege artis. The author has himself searched and checked the archive and Internet records of 200 court rulings of the Municipal Court in Zagreb and the District Court in Zagreb. He also searched Internet records of the Supreme Court of the Republic of Croatia both for the civil law responsibility as for the criminal law one. The figures shown in this work are appriximate and they are to be used as guidelines and support for indentifying and solving problems both in medical as in legal practice. After checking the court rulings of the Municipal Court in Zagreb the author has noted that the mistakes most frequently occur in the field of diagnostics and additional health care (42%), in performing a surgery and post-operative complications (43%) and in the field of ginecology (15%). With the developpement of medicine and technology the risks and medical mistakes are ever growing. However, maybe one simple conversation between a doctor and a patient before and after providing medical services would solve many of the dilemmas and reduce the unreasonable expectations.

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 ...

When Can Forensic Psychologists Comment on the Credibility of Criminal Defendants?

Directory of Open Access Journals (Sweden)

Roberto Flores de Apodaca

2015-06-01

Full Text Available Forensic psychological examiners are often confronted with assessments in the guilt phase of criminal cases in which a Defendant denies his/her charged conduct, but the existing evidence clearly contradicts their account. This happens often in cases involving charges of violence, sex offending and or substance abuse (Langton, Barbaree, Harkins, Arenovich, McNamee & Peacock, 2008. What is the proper role of the examiner in such instances?; granting the benefit of the doubt and accepting the Defendant’s account, using the one contained in the differing evidence, or making an independent judgment about which is more likely to be true? Does accepting any version mean the expert is offering an opinion on the Ultimate Issue in the case, and encroaching on the role of the Trier of Fact? The Federal Rules of Evidence (FREE dictate that judgments about Ultimate Issues belong solely to the Trier of Fact, yet the DSM-5 Manual (APA, 2013 instructs us to consider Malingering in every forensic situation; i.e. is the Defendant being honest about his mental state, and by implication, his/her credibility?  Our recommendation is that examiners offer no opinions about which conflicting version in a criminal case is the more credible during the guilt phase, and instead, offer “if, then” assessments about a Defendant’s propensity for violence or sexual offending; i.e. if the charges are true, then s/he poses certain levels of risk going forward, for reasons detailed in the report. Such a stance avoids experts “taking sides” during the guilt phase of a case and allows them to fully inform the adversarial, legal process as it deliberates on possible Plea Bargains or Sentencing decisions. We argue that this impartial approach serves a useful function in legal proceedings while adhering to our Ethical Guidelines (APA, 2010.

Controversies Concerning the Canadian Not Criminally Responsible Reform Act.

Science.gov (United States)

Lacroix, Robert; O'Shaughnessy, Roy; McNiel, Dale E; Binder, Renée L

2017-03-01

In Canada, individuals found not criminally responsible on account of mental disorder are subject to the disposition recommendations of the Provincial or Territorial Review Board of the jurisdiction where the offense was committed. Bill C-14, known as "The Not Criminally Responsible Reform Act" made changes to the postverdict disposition process of these individuals. This legislation was consistent with a broader "tough-on-crime" agenda of the previous federal government. The legislative changes codify that Review Boards take public safety as the "paramount consideration" in making their recommendations. The legislation also creates a new "high-risk" category for certain offenders and imposes limitations on their liberty. Further, Bill C-14 seeks to enhance victim involvement in the disposition process. The passage of this legislation has generated significant controversy in the medical and legal fields. Critics have stated that there is an absence of empirical evidence on which to base the amendments, that the legislation was an overreaction to high-profile cases, and that Bill C-14 is in questionable compliance with the Canadian Charter of Rights and Freedoms. In this review, we explore the potential catalysts involved in the creation of Bill C-14, the controversy surrounding the legislation, and the potential future impact on practicing forensic psychiatrists and on the forensic mental health system in Canada. © 2017 American Academy of Psychiatry and the Law.

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.

Trying to Win the Legal Battle but Losing the Strategic War: U.S. Efforts to Thwart the International Criminal Court

National Research Council Canada - National Science Library

Chitwood, Mitchell R

2007-01-01

The International Criminal Court ("ICC") is widely regarded within the international community as a positive and necessary step toward individual accountability for those who order and carry out the most heinous of crimes genocide, crimes...

Establishing motives for committing crimes: criminalistic possibilities and criminal procedure expediency

Directory of Open Access Journals (Sweden)

Kornakova S.V.

2014-12-01

Full Text Available The lack of unanimity on the motive understanding by psychologists studying the motivation of goal-oriented behavior and lawyers analyzing the crime causes and mechanisms is stated. The possibility of unconscious motives of criminal behavior is admitted. The practical problems of es-tablishing and proving the motives for specific crimes, which can be judged only presumably, by studying actus reus and perpetrator’s testimony, are shown. Establishing the motive for crime is complicated by the fact that the guilty person is often not aware of it, conceals or distorts it. The authors acknowledge that crime is impossible without a motive (talking about mentally healthy person. Consequently, they state the inevitable difficulties in establishing any motive and the lack of objective need for its establishing to find a person guilty of committing a crime. The expediency of establishing cognition limits of crime psychology by the subject of proof is argued. It’s concluded that the preliminary investigation bodies and courts must fully, comprehensively and objectively investigate the circumstances that determine the conclusion about the presence or absence of guilty motive in perpetrator’s actions. They must justify this conclusion in the indictment and sentence by bringing evidence only in case if this motive is provided by criminal law as element of crime. It’s argued that the list of circumstances to be proved in every criminal case, provided by article 73 of the RF Criminal Procedure Code, can’t be considered satisfactory, if practical possibilities of their establishing aren’t taken into account. It’s proposed to exclude the motives for crime from this list.

The legal status of Uncertainty

Science.gov (United States)

Altamura, M.; Ferraris, L.; Miozzo, D.; Musso, L.; Siccardi, F.

2011-03-01

An exponential improvement of numerical weather prediction (NWP) models was observed during the last decade (Lynch, 2008). Civil Protection (CP) systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1. Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009). One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006). This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008) of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984). The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing meteo-hydrological alerts by CPs. Footnotes: 1 The Italian Civil Protection is working

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…

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.

Race and the fragility of the legal distinction between juveniles and adults.

Directory of Open Access Journals (Sweden)

Aneeta Rattan

Full Text Available Legal precedent establishes juvenile offenders as inherently less culpable than adult offenders and thus protects juveniles from the most severe of punishments. But how fragile might these protections be? In the present study, simply bringing to mind a Black (vs. White juvenile offender led participants to view juveniles in general as significantly more similar to adults in their inherent culpability and to express more support for severe sentencing. Indeed, these differences in participants' perceptions of this foundational legal precedent distinguishing between juveniles and adults accounted for their greater support for severe punishment. These results highlight the fragility of protections for juveniles when race is in play. Furthermore, we suggest that this fragility may have broad implications for how juveniles are seen and treated in the criminal justice system.

Garantías constitucionales en la investigación tecnológica del delito: Previsión legal y calidad de la Ley // Constitutional guarantees in the technological investigation of the crime: legal provisions and quality of the law

Directory of Open Access Journals (Sweden)

Inmaculada López-Barajas Perea

2017-03-01

any modern system of law, and thus, it is also of our criminal court proceedings. For a long time, the Spanish Criminal Procedural Act, has lacked a regulation in relation to investigative acts that have been originated as a consequence of the appearance of modern technologies, and this has created not few procedural new problems. The legal reform undertaken by the Act 13/2015, dated October 5th, aims at solving this situation of lack of sufficient legislation. We study in this paper the demands arisen from the rule of law principle with the intention of determining whether the new Act 13/2015 properly defines the modalities and the scope of the power attributed to authorities, so as to afford individuals with an adequate protection against arbitrary exercise of authority. We intend to determine to what extent, and under what circumstances, intromissions in the constitutional rights recognized by Section 18 of the Spanish Constitution carried out as part of the above mentioned criminal investigations would be legitimate.

Ukraine and the International Criminal Court: Implications of the Ad Hoc Jurisdiction Acceptance and Beyond

DEFF Research Database (Denmark)