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Sample records for legal orientation criminal

  1. Criminal Protection Of The Criminal Legal Proceedings Lawful Procedure

    Directory of Open Access Journals (Sweden)

    Elena V. Selina

    2014-09-01

    Full Text Available In the present article the problem of criminal code provisions on crimes against justice and changes which happened in the procedure of justice for criminal cases implementation since the beginning of judicial reform discrepancy is researched. In spite of the fact that in the considered segment the last changes were made rather recently (Federal Law of December 28, 2013 No. 432-FZ, in general this sphere of regulation is not complete. Due to the corpus delicti "Attraction of the obviously innocent to criminal liability" the concept of criminal prosecution is analyzed. In regard to this author characterize that only court can make a decision that person is guilty for the crime. The concept of legal responsibility as a need to undergo deprivations or at least condemnation for made (if authentically established offense corresponds to it. Author outlines that it is only possible to release one from of responsibility only if one is subject to responsibility. Today it is possible to included cases when consent of the person with the termination of criminal case and prosecution exists. It is proven that in the meaning of the article 299 of the Criminal Code of the Russian Federation criminal prosecution is told as attraction for being accused. But other forms of criminal prosecution are not considered in full. Author analyze contradictions between the title and disposition of the article 307 of the Criminal Code of the Russian Federation concerning punishability for criminal acts: title covers the conclusion and disposition – only indications. Elimination of this contradiction lies in the plane of the criminal procedure form of obtaining conclusion and indications development and gnoseological nature of the new type of proofs study.

  2. Criminal and legal responsibilities in Tourette's syndrome.

    Science.gov (United States)

    Gullucayir, Sibel; Asirdizer, Mahmut; Yavuz, M Sunay; Zeyfeoglu, Yildiray; Ulucay, Tarik

    2009-01-01

    Tourette's Syndrome (TS) is a neuropsychological disorder characterized by the presence of multiple involuntary motor tics accompanied by one or more vocal tics. Articles about TS and criminal responsibility and the restriction of civil rights are limited. A person with TS was evaluated to consider his criminal responsibility after swearing at a referee during a football game. He was also evaluated as to whether or not he was capable of professionally driving a service bus. Additionally, medico-legal situations regarding military service, obtaining a shotgun license and marriages of patients with TS were considered.

  3. Criminal Policy Movements and Legal Education

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    Thula Rafaela de Oliveira Pires

    2016-10-01

    Full Text Available The article's intention is to make an analyse of the emerging criminal policy movements in Brazil, especially after the 1980 decade, and their influence on legal education. Based on empirical research in Law Course UNIFESO (Teresópolis- Rio de Janeiro, it is sought to identify the political and criminal discourses prevalent in positions of hegemonic power among the Law scholars. Beyond the necessity of interdisciplinary approach, it is defended a more radical critique of the knowledge production process, with the affiliation of decolonial perspective, fundamental for the deconstruction of punitive normalization standards adopted by the modern States, of colonial slave matrix.

  4. Criminal sanctions for legal enties: An instrument of crime control

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    Jovašević Dragan

    2016-01-01

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

  5. Legal access to alcohol and criminality.

    Science.gov (United States)

    Hansen, Benjamin; Waddell, Glen R

    2017-08-14

    Previous research has found strong evidence that legal access to alcohol is associated with sizable increases in criminality. We revisit this relationship using the census of judicial records on criminal charges filed in Oregon Courts, the ability to separately track crimes involving firearms, and to track individuals over time. We find that crime increases at age 21, with increases mostly due to assaults that lack premeditation, and alcohol-related nuisance crimes. We find no evident increases in rape or robbery. Among those with no prior criminal records, increases in crime are 50% larger-still larger for the most socially costly crimes of assault and drunk driving. Copyright © 2017 Elsevier B.V. All rights reserved.

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

    African Journals Online (AJOL)

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

  7. Legal aid for victims in criminal proceedings in Portugal

    OpenAIRE

    Costa Ramos, Vânia

    2014-01-01

    The following article gives an overview of legal aid for victims in criminal cases in Portugal. It addresses the issues of a victim’s access to a lawyer, when and how the right is granted (right to legal assistance), and under what circumstances the victim has a right to financial legal aid (right to financial legal aid).

  8. CRIMINAL LAW RESPONSIBILITY OF LEGAL ENTITIES IN TURKEY

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    Berrin Akbulut

    2017-12-01

    Full Text Available According to Turkish Law, only natural persons can be counted as perpetrators. Due to their characteristics, legal entities cannot directly commit crimes and cannot be perpetrators. Nevertheless, the criminal liability of the legal entities due to the actions of the persons who act on behalf of legal entities had been a hot topic until the Turkish Penal Code no 5237 came into force. Provisions about the legal entities’ criminal liability in several penal codes other than the abovementioned Turkish Penal Code were another matter of the debates. Further, the Constitutional Court of Turkey held that legal entities’ criminal responsibility was not unconstitutional. In the Code No 5237 that came into force on the 1st of June, 2005; it was explicitly stated that legal entities cannot be imposed with penal sanctions. Since criminal responsibility is personal, the legal entities, which do not have any ability to commit an offence, cannot be punished due to the actions of persons who act on behalf of legal entities. In other respects, according to article 20 of the Turkish Penal Code, security measures can be applied to legal entities whereas penal sanctions cannot be applied. By Turkish Penal Code Art 20, provisions regarding legal entities’ criminal responsibility in other penal codes were repealed. However, it is hard to claim that the debate regarding criminal responsibility of legal entities is over for the doctrine. The security measures to be imposed on legal entities are prescribed in Art 60 of the Turkish Penal Code. Security measures to be imposed within Art 60 are following: Cancellation of permit and confiscation. In this paper, the conditions for legal entities’ security measure responsibility; the debates in this regard and the provisions made will be examined.

  9. The Person of Suspect in Criminal Procedure: Legal Historical Aspect

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    Zemlyanitsin E. I.

    2013-05-01

    Full Text Available The article deals with the historical path of the emergence and development of the legal rules governing the procedural status of a suspect in the criminal procedure. The author puts forward the proposal to amend the Criminal Procedure Code of the Russian Federation.

  10. Criminal-legal prohibitions in the soviet juridical discourse

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    Andrey V. Skorobogatov

    2014-01-01

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

  11. Money Laundering. Aspects of Legal and Criminal Issues

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    Alina DUMITRACHE

    2011-11-01

    Full Text Available This study aims at analyzing objectively various techniques and methods of money laundering, both in classical and modern ways, by presenting case studies from the legal practice in Romania, in an attempt to clarify a number of issues related to the complexity of this crime, current and future tendencies of financial criminals for laundering proceeds of crime. Also, according to the analysis of comparative law performed in the last chapter, we highlighted a number of similarities and differences between the Romanian legislation and the legislative laws of other states, surprising the forms and effects of money laundering on the studied national systems as well as highlighting the measures for preventing and fighting against these crimes adopted by the analyzed legal systems. The comparative approach of the criminal and legal framework of preventing and combating money laundering is essential for the Romanian legal system efficiency in this matter.

  12. Applications of neuroscience in criminal law: legal and methodological issues.

    Science.gov (United States)

    Meixner, John B

    2015-01-01

    The use of neuroscience in criminal law applications is an increasingly discussed topic among legal and psychological scholars. Over the past 5 years, several prominent federal criminal cases have referenced neuroscience studies and made admissibility determinations regarding neuroscience evidence. Despite this growth, the field is exceptionally young, and no one knows for sure how significant of a contribution neuroscience will make to criminal law. This article focuses on three major subfields: (1) neuroscience-based credibility assessment, which seeks to detect lies or knowledge associated with a crime; (2) application of neuroscience to aid in assessments of brain capacity for culpability, especially among adolescents; and (3) neuroscience-based prediction of future recidivism. The article briefly reviews these fields as applied to criminal law and makes recommendations for future research, calling for the increased use of individual-level data and increased realism in laboratory studies.

  13. Public attitudes toward legally coerced biological treatments of criminals.

    Science.gov (United States)

    Berryessa, Colleen M; Chandler, Jennifer A; Reiner, Peter

    2016-12-01

    How does the public view the offer of a biological treatment in lieu of prison for criminal offenders? Using the contrastive vignette technique, we explored this issue, using mixed-methods analysis to measure concerns regarding changing the criminal's personality, the coercive nature of the offer, and the safety of the proposed treatment. Overall, we found that of the three variables, the safety of the pill had the strongest effect on public acceptance of a biological intervention. Indeed, it was notable that the public was relatively sanguine about coercive offers of biological agents, as well as changing the personality of criminals. While respondents did not fully endorse such coercive offers, neither were they outraged by the use of biological treatments of criminals in lieu of incarceration. These results are discussed in the context of the retributive and rehabilitative sentiments of the public, and legal jurisprudence in the arena of human rights law.

  14. Medicina Legal e Criminalística

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    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.

  15. 78 FR 27341 - Restrictions on Legal Assistance With Respect to Criminal Proceedings in Tribal Courts

    Science.gov (United States)

    2013-05-10

    ... sufficient legal training to preside over criminal proceedings; affording the defendant the right to... 45 CFR Part 1614 Restrictions on Legal Assistance With Respect to Criminal Proceedings in Tribal... represent eligible persons in any and all criminal proceedings in tribal courts. Previously, the LSC Act and...

  16. Academics for International Criminal Justice: The Role of Legal Scholars in Creating and Sustaining a New Legal Field

    DEFF Research Database (Denmark)

    Christensen, Mikkel Jarle

    The article is a sociological investigation into the crucial role of legal academics in the professional mobilization that characterized the creation and development of international criminal justice. Analyzing the different stages in the evolution of international criminal law culminating...... consultants and scholarly experts in the nascent field of international criminal justice. Investing professionally in the creation and development of international criminal justice, this role as double agents allowed groups of academics to have a significant impact on the genesis and evolution...... of international criminal justice as a scientific discipline as well as an innovative legal practice that has remained a controversial element in global governance....

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

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    Leisy Abrego

    2017-09-01

    Full Text Available During a post-election TV interview that aired mid-November 2016, then President-Elect Donald Trump claimed that there are millions of so-called “criminal aliens” living in the United States: “What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers, we have a lot of these people, probably two million, it could be even three million, we are getting them out of our country or we are going to incarcerate.” This claim is a blatant misrepresentation of the facts. A recent report by the Migration Policy Institute suggests that just over 800,000 (or 7 percent of the 11 million undocumented individuals in the United States have criminal records. Of this population, 300,000 individuals are felony offenders and 390,000 are serious misdemeanor offenders — tallies which exclude more than 93 percent of the resident undocumented population (Rosenblum 2015, 22-24.[1] Moreover, the Congressional Research Service found that 140,000 undocumented migrants — or slightly more than 1 percent of the undocumented population — are currently serving time in prison in the United States (Kandel 2016. The facts, therefore, are closer to what Doris Meissner, former Immigration and Naturalization Service (INS Commissioner, argues: that the number of “criminal aliens” arrested as a percentage of all fugitive immigration cases is “modest” (Meissner et al. 2013, 102-03. The facts notwithstanding, President Trump’s fictional tally is important to consider because it conveys an intent to produce at least this many people who — through discourse and policy — can be criminalized and incarcerated or deported as “criminal aliens.” In this article, we critically review the literature on immigrant criminalization and trace the specific laws that first linked and then solidified the association between undocumented immigrants and criminality. To move beyond a legal, abstract context, we also draw on

  18. Comprehensive legal aid to the participants in criminal proceedings when applying security measures

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    Fadeev P.V.

    2014-12-01

    Full Text Available Legal assistance to the participants in criminal procedure is represented as a complex phenomenon, including the features of international legal assistance, qualified legal assistance, as well as the activities of public authorities in criminal proceedings and professional lawyers (attorneys, advocates, representatives to assist physical and legal persons to protect, safeguard and realize their rights and interests. Legal assistance in case of threat to life, health, rights of participants in criminal proceedings is considered. The activity of certain subjects of criminal proceedings aimed at explaining the rights of crime victims is analyzed. The grounds for applying security measures are determined. Proposals for improving part 3 of article 11 of the RF Criminal Procedure Code are made: “3. In case there is a threat of causing physical, property, moral damage or other harm prohibited by criminal law to rights and legitimate interests of the victim, witness or other participants in criminal proceedings as well as their close relatives, relatives or close persons, the court (judge, the prosecutor, the head of the investigative agency, the investigator, the preliminary investigation agency take security measures, provided by part 9 of article 166, part 2 of article 186, part 8 of article 193, paragraph 4 of part 2 of article 241 and part 5 of article 278 of this Code as well as other security measures provided by the RF legislation, in respect of those persons within twenty-four hours on the basis of these persons’ written (oral statement or on their own initiative within their competence”.

  19. The irresponsible criminal in Norwegian medico-legal discourse.

    Science.gov (United States)

    Skålevåg, Svein Atle

    2014-01-01

    This article discusses discourses on criminal responsibility in Norway in the 19th and 20th centuries, in light of Michel Foucault's regimes of power and knowledge: the apparatuses of law, discipline and security. The passing of two criminal codes, in 1842 and 1902 marks a development from neo-classical law to a law influenced by positivist criminology. In these consecutive ways of thinking law, the figure of the irresponsible criminal constituted a contentious issue. From being a figure marking the limits of the law, the irresponsible criminal became an object to be disciplined and a security threat. This redefinition of criminal responsibility created or was created by new groups of experts speaking from positions increasingly close to the criminals. The most important professional group was of course the psychiatrists, that emerged in Norway as a distinct professional group in the second half of the 19th century, and whose influence in the legislative process culminated in the 1920s. © 2013.

  20. Legal and Jurisprudential Bases of Marital Rape Criminalization

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    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.

  1. Legal protection of victims under criminal law in the Republic of Macedonia

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    Bačanović Oliver

    2008-01-01

    Full Text Available The author tried to outline the status of crime victims in Macedonian criminal and juvenile legislation by analyzing three legal texts referring to legal protection of victims under criminal law in the Republic of Macedonia (the Criminal Code, the Law on Criminal Procedure Act and the Law on Juvenile Justice. The basic questions which have been analyzed from the criminal substantial aspect include: the rights and interests of the victims as a consistent part of contemporary criminal policy and Criminal Code reforms, the elements of diversion model based on concept of restorative justice in criminal legislation and victimology aspects of some significant novelties in the special part of criminal law. In this article two dimensions dealing with a change of status of damaged person in criminal procedure of the Republic of Macedonia have been analyzed, while taking into consideration new trends and comparative experiences in this field. One dimension is the role of the damaged person and incorporation of elements of restorative justice in the criminal procedure, while the other dimension includes help and support of the victims and prevention of their secondary victimization. While analyzing suitable provisions of the Law on Juvenile Justice, the author focuses on its solutions that deserve more attention because of its innovations. The consequent realization of the concept on which this law is based on, and in which the victim, at the same time, has a significant role is another confirmation of the rule that the changes of juvenile legislation creates good basis for future reforms of criminal legislation regarding the adult offenders.

  2. 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...

  3. Causality in criminal forensic and in civil disability cases: Legal and psychological comparison.

    Science.gov (United States)

    Young, Gerald

    2015-01-01

    Causality (or causation) is central to every legal case, yet its underlying philosophical, legal, and psychological definitions and conceptions vary. In the criminal context, it refers to establishing the responsibility of the perpetrator of the criminal act at issue in terms of the person's mental state (mens rea), and whether the insanity defense applies. In the forensic disability and related context, it refers to whether the index event is a material or contributing cause in the multifactorial array that led to the psychological condition at issue. In both the criminal and tort contexts, the legal test is a counterfactual one. For the former, it refers to whether the outcome involved would have resulted absent the act (e.g., in cases of simultaneous criminal lethal action, which one is the but-for responsible one). For the latter, it concerns whether the claimed psychological condition would be present only because of the incident at issue. The latter event at issue is distinguished from the criminal one by its negligence compared to the voluntary intent in the criminal case. The psychological state of the perpetrator of criminal conduct can be analyzed from a biopsychosocial perspective as much as the civil one. In this regard, in the civil case, such as in forensic disability and related assessments, pre-existing, precipitating, and perpetuating factors need to be considered causally, with personal and social resilience and protective factors added, as well. In the criminal context, the same biopsychosocial model applies, but with mental competence and voluntariness added as a critical factor. The advent of neurolaw has led to use of neuroscience in court, but it risks reducing the complexity of criminal cases to unifactorial, biological models. Copyright © 2015 Elsevier Ltd. All rights reserved.

  4. Non traditional legitimation for criminal action - legal protection of goods from other public institutions

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    Franklyn Roger Alves Silva

    2017-03-01

    Full Text Available This article examines the question regards the legitimacy of the prosecution in a supplementary manner from of other public institutions to promote when facing violation of criminal transindividual rights and inertia of the prosecution. When facing crimes with an indeterminate passive subject, there is lack of legal support to base a subsidiary criminal action. Over this perspective, it is investigated if there are other laws allowing an alternative legitimacy for criminal charges. At the same time, it is verified the Public Defender`s Office ability to exercise the supplementary legitimacy.

  5. 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.)

  6. [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.

  7. 78 FR 65933 - Restrictions on Legal Assistance With Respect to Criminal Proceedings

    Science.gov (United States)

    2013-11-04

    ... within Indian country. Public Law 113-4, Sec. 904(c), 127 Stat. 122. ``Indian country'' is a term of art... in an Indian tribal court is not a `criminal proceeding.' '' 41 FR 38506, Sept. 10, 1976. Neither the... principal defense asserted involves rights arising from a treaty with Indians. A number of legal services...

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

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    Vidya Prahassacitta

    2016-10-01

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

  9. THE CONVENTIONS ADOPTED WITHIN THE EUROPEAN UNION WITH REGARD TO THE INTERNATIONAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

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    VICTORIA CRISTIEAN

    2012-05-01

    Full Text Available The study of the legal and penal mechanism by which European Union Member States jointly act for preventing and combating certain categories of crimes, includes the analysis of conventions regarding legal assistance that Member States undertake to grant each other the catching and prosecution of people who commit crimes on their territory, either violating the domestic criminal law or the international criminal law represented by international conventions that require signatory states to incriminate or punish certain categories of crimes, against which they pledged to fight together. Conventions adopted at European Union level concerning international legal assistance in criminal matters, give legal expression to the most complex and most effective form of cooperation between States in the fight against crime, establishing brand new ways of international legal assistance in criminal matters.The importance of the Conventions regarding legal assistance in criminal matters result from the fact that they ensure the correct application of European criminal law relating to combating the worst types of crimes, making possible criminal liability and conviction of various crimes, with the help of other member states of the European conventions.

  10. Emergencies and criminal law in Kant’s legal philosophy.

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    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.

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

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    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.

  12. The criminal charges of legal persons against the phenomenon of organized crime

    OpenAIRE

    Luggren, Rosana Elizabeth; Oroño, Néstor Antonio

    2016-01-01

    Facing the phenomenon of organized crime, the criminal justice system for legal persons is confronted with the need to adapt the theoretical structures in order to provide an answer to the challenges rising from the high degree complexity and volatility, common qualities of the contemporary societies. t he modern legislations claim different solutions, such as the vicarious liability “act like someone else” or “be in someone else’s place”, which allows transferring the responsibility or guilt...

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

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    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

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

    OpenAIRE

    Joseph Janice

    2017-01-01

    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 phenomeno...

  15. Criminal Prohibition of Wrongful Re‑identification: Legal Solution or Minefield for Big Data?

    Science.gov (United States)

    Phillips, Mark; Dove, Edward S; Knoppers, Bartha M

    2017-12-01

    The collapse of confidence in anonymization (sometimes also known as de-identification) as a robust approach for preserving the privacy of personal data has incited an outpouring of new approaches that aim to fill the resulting trifecta of technical, organizational, and regulatory privacy gaps left in its wake. In the latter category, and in large part due to the growth of Big Data-driven biomedical research, falls a growing chorus of calls for criminal and penal offences to sanction wrongful re-identification of "anonymized" data. This chorus cuts across the fault lines of polarized privacy law scholarship that at times seems to advocate privacy protection at the expense of Big Data research or vice versa. Focusing on Big Data in the context of biomedicine, this article surveys the approaches that criminal or penal law might take toward wrongful re-identification of health data. It contextualizes the strategies within their respective legal regimes as well as in relation to emerging privacy debates focusing on personal data use and data linkage and assesses the relative merit of criminalization. We conclude that this approach suffers from several flaws and that alternative social and legal strategies to deter wrongful re-identification may be preferable.

  16. 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

  17. 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.

  18. 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.

  19. 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.

  20. Different Legal Classification of Crimes Regarding Sexual Life vs. Uniform Interpretation and Implementation. Comparative Aspects of the New Criminal Code

    Directory of Open Access Journals (Sweden)

    Mihail-Silviu Pocora

    2010-06-01

    Full Text Available Sexual freedom, being one of the individual freedom, is protected by law whenever is violated and no matter what way take place, but controversy and lack of unanimous interpretation occur once the legal status of infrinfed rule and therefore the individual sentence. In this sense, we tried to highlight some aspects regards to the legal boundaries classification, and the new elements brought by the new Criminal code.

  1. 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

  2. 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…

  3. 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.

  4. 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

  5. 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.

  6. 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

  7. 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.

  8. 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.

  9. On the Issue of Legal Regulations of Criminal Responsibility for Pedophilia

    Directory of Open Access Journals (Sweden)

    Kuznetsov A. V.

    2013-05-01

    Full Text Available In this article the authors focus on the issues of criminal law regulation responsibility for crimes against sexual integrity of minors. Here are submitted for consideration the problematic crimes qualification issues and offered the ways of their solution by the enforcer before making the appropriate alterations in the criminal legislation, or official clarification of the Plenum of the RF Supreme Court

  10. 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.

  11. 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?

  12. Crime Danger Management in Iran's Criminal Law and Islam's Legal Instructions

    Directory of Open Access Journals (Sweden)

    Mohammad Reza Rezaeian Koochi

    2017-06-01

    Full Text Available Crime danger management is one of the new concepts of the criminal justice domain which has been introduced since the beginning of the 1990s. After the possibility of achievement of the remedial goals of punishments was questioned and the necessity of criminal justice system's expense control was clear, the atmosphere for the appearance of the administrative approaches in criminal justice domain was prepared. In this approach, the crime is considered a common and normal behavior in the society and the criminals are categorized and managed based on the danger rate and the crime repetition possibility. Iran's criminal legislation system, in spite of the lack of the necessary infrastructures for evaluation and management of the crime danger in different rules and regulations, has approached the issue unsystematically. The dangerous state possesses two aspects: the criminal aspect which implies condition produced in the person by the coincidence of the crime factors, and the social compatibility which means one's compatibility and sociability level. But, recently, what inferred from the rules and regulations is the change of the dangerous state concept and act upon this concept in order to manage the crime commitment danger in the different levels of the criminal justice system which intends to manage and control the endangered groups and supply the public security putting aside the diagnosis and treatment of the positivist approach. In Islam's criminal jurisprudence like the other criminal systems, concerning the crime danger management, solutions like increased penalties in case of the reoffending or determining debilitating punishments like execution or life sentence have been predicted.

  13. 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

  14. Health benefits of legal services for criminalized populations: the case of people who use drugs, sex workers and sexual and gender minorities.

    Science.gov (United States)

    Csete, Joanne; Cohen, Jonathan

    2010-01-01

    Social exclusion and legal marginalization are important determinants of health outcomes for people who use illicit drugs, sex workers, and persons who face criminal penalties because of homosexuality or transgenderism. Incarceration may add to the health risks associated with police repression and discrimination for these persons. Access to legal services may be essential to positive health outcomes in these populations. Through concrete examples, this paper explores types of legal problems and legal services linked to health outcomes for drug users, sex workers, and sexual minorities and makes recommendations for donors, legal service providers, and civil society organizations. © 2010 American Society of Law, Medicine & Ethics, Inc.

  15. “We’re vulnerable too”: an (alternative analysis of vulnerability within criminal legal aid and police custody

    Directory of Open Access Journals (Sweden)

    Roxanna Dehaghani

    2017-12-01

    Full Text Available This paper considers criminal justice through the lens of vulnerability theory, drawing attention to unexplored or underexplored vulnerabilities in the criminal justice system of England and Wales. We address three layers of vulnerability. The first identifies those who have more traditionally, although not unproblematically, attracted the label ‘vulnerable’; suspects in the criminal process. The second examines the vulnerability of those who, as humans, can be appreciated as vulnerable, but, within their roles in the criminal process, are not typically considered vulnerable – custody officers and defence lawyers. The third, least considered, explores the vulnerability of institutions – the police service and criminal legal aid system. Institutional failure to provide resources, and thus bolster the resilience of suspects and practitioners, can serve to further exacerbate vulnerability. Using empirical data, we explore how vulnerability manifests within the crucial early stages of the criminal process. In doing so, we provide a more holistic and critical account of vulnerability within the criminal justice system.Este artículo aborda la justicia penal desde la óptica de la teoría de la vulnerabilidad, y llama la atención sobre las vulnerabilidades no exploradas o poco exploradas del sistema de justicia penal de Inglaterra y Gales. Nos ocupamos de tres capas de vulnerabilidad. La primera se identifica con aquéllos que tradicionalmente, aunque no sin polémica, han atraído la etiqueta de "vulnerables"; sospechosos en el procedimiento penal. La segunda examina la vulnerabilidad de aquéllos que, como humanos, se pueden percibir como vulnerables, pero, en sus roles dentro del procedimiento penal, normalmente no están considerados como vulnerables - oficiales encargados de la custodia y abogados defensores. La tercera, la menos tenida en cuenta, explora la vulnerabilidad de las instituciones - el cuerpo policial y el sistema jur

  16. 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.

  17. Terrorism x Principle of Legality: The Consequences of Criminal Law of The Enemy at the Law N. 13.260/16

    Directory of Open Access Journals (Sweden)

    Ana Claudia da Silva Abreu

    2016-12-01

    Full Text Available The article deals with the crime of terrorism, particularly the criminal conduct introduced by law number 13.260/16. The global demand after the terrorist attacks of September 11, 2001, occurred in the United States, there is the adoption of legislative measures aimed at combating such crime. The anti-terror laws usually falls within the context of so-called Criminal Law of the enemy. However, it is necessary to analyze the principle of legality as a limit of criminalization, to set the terrorist phenomenon in the context of democratic societies. It was adopted the monographic method, while technical research, the indirect documentation.

  18. 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.

  19. Sexual orientation and gender identity in North America: legal trends, legal contrasts.

    Science.gov (United States)

    Elliott, R Douglas; Bonauto, Mary

    2005-01-01

    The article provides a comparative analysis of recent legal developments with regard to LGBT rights in Canada and the United States of America. Both countries have made great progress towards better protection and full recognition of LGBT rights. Despite this progress, Canada appears to be ahead of the United States, as illustrated by two most recent court decisions (e.g. Halpern, legalizing same-sex marriage in Ontario, and Lawrence v. Texas, decriminalizing consensual sodomy in the United States).

  20. The patriarcal sovereignity: The criminal legal system in the treatment of sexual violence against women

    OpenAIRE

    Andrade, Vera Regina Pereira de

    2005-01-01

    This paper points out, under a theoretical important moment of Criminology, developed based on social control paradigm, mainly the critical and feminist Criminology, the operation of criminal justice system regarding sexual violence against woman (especially rape), observing patriarchate sovereignty and an increase of violence that it has inside itself, as well as to the inclusion need and coresponsibility of everyone, as institutional or symbolic ...

  1. Legal and Ethical Concerns about Sexual Orientation Change Efforts.

    Science.gov (United States)

    Powell, Tia; Stein, Edward

    2014-09-01

    The United States has recently made significant and positive civil rights gains for LGB people, including expanded recognition of marriages between people of the same sex. Among the central tropes that have emerged in the struggle for the rights of LGB people are that they are "born that way," that sexual orientations cannot change, and that one's sexual orientation is not affected by choice. Writer Andrew Sullivan put it this way: "[H]omosexuality is an essentially involuntary condition that can neither be denied nor permanently repressed.… [S]o long as homosexual adults as citizens insist on the involuntary nature of their condition, it becomes politically impossible to deny or ignore the fact of homosexuality.… [The strategy for obtaining LGB rights is to] seek full public equality for those who, through no fault of their own, happen to be homosexual." This idea of linking LGB rights to empirical claims about sexual orientations has become so central that casting doubt on these claims is, in many circles, tantamount to opposing LGB rights. Nonetheless, claims about innateness, immutability, and lack of choice about sexual orientation should not be the primary basis for LGB rights. © 2014 by The Hastings Center.

  2. 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

    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...... in selected legal jurisdictions, this study reveals the common legal features pertinent to the concept of crime that are shared by the major legal systems of the world. Particular attention has been given to the thorny and much debated area of the subjective element of a crime and the standards employed...... 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...

  3. 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

  4. 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.

  5. [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.

  6. 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.

  7. Commentary (amending the legal characterization of the facts at trial stage in the International Criminal Court and the defendant's right to a fair trial)

    DEFF Research Database (Denmark)

    Cullen, Miriam

    2017-01-01

    (2) of the Regulations of the Court”, Situation In The Democratic Republic Of The Congo In The Case Of The Prosecutor V.Thomas Lubanga Dyilo, Case No. ICC-01/04-01/06-2205, A.Ch., 8 December 2009. Regulation 55 of the Regulations of the International Criminal Court draws on a civil law tradition which allows the legal...... characterization of the facts to be amended while criminal proceedings are on foot. Great care must be taken in its implementation. Our due process alarm bells should start to ring the moment the purpose of putting an end to impunity begins to override fundamental human rights. No matter how commendable the goal...

  8. 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)

  9. 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.

  10. 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…

  11. 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.

  12. “We’re vulnerable too”: an (alternative) analysis of vulnerability within criminal legal aid and police custody

    OpenAIRE

    Roxanna Dehaghani; Daniel Newman

    2017-01-01

    This paper considers criminal justice through the lens of vulnerability theory, drawing attention to unexplored or underexplored vulnerabilities in the criminal justice system of England and Wales. We address three layers of vulnerability. The first identifies those who have more traditionally, although not unproblematically, attracted the label ‘vulnerable’; suspects in the criminal process. The second examines the vulnerability of those who, as humans, can be appreciated as vuln...

  13. THE CRIMINAL CHARGE

    OpenAIRE

    George Octavian NICOLAE; Sebastian Bogdan GAVRILĂ

    2017-01-01

    The process of criminal prosecution against a particular individual is ordered by the prosecutor or law enforcement investigator by ordinance. After the decision to carry on with the criminal investigation, the suspected person, the perpetrator acquires a legal standing which allows a full spectrum of rights and obligations stipulated by law. This project is focused on the link between our national criminal law regulation regarding the criminal investigation and the demands of the European Co...

  14. THE CRIMINAL CHARGE

    Directory of Open Access Journals (Sweden)

    George Octavian NICOLAE

    2017-05-01

    Full Text Available The process of criminal prosecution against a particular individual is ordered by the prosecutor or law enforcement investigator by ordinance. After the decision to carry on with the criminal investigation, the suspected person, the perpetrator acquires a legal standing which allows a full spectrum of rights and obligations stipulated by law. This project is focused on the link between our national criminal law regulation regarding the criminal investigation and the demands of the European Convention for human rights.

  15. [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

    2017-09-18

    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 < 0.001). In adult patients, the most common causes for consultation were acts of violence (20.4%) and domestic violence (10.1%). Among adults, significantly more women and fewer men were presented than expected (p = 0.001). There were only a small number of consultations of 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.

  16. 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.

  17. 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.

  18. [Criminal process record Winckelmann (Triest, 1768). Comments on the criminal process dealing with the murder of Johann Joachim Winckelmann from the forensic historical and legal medicine viewpoint].

    Science.gov (United States)

    Risse, M; Weiler, G

    2001-01-01

    Johann Joachim Winckelmann, German historian of ancient art and archaeologist, was born on 9 December 1717 in Stendal, a town in Saxony-Anhalt. At the age of 50 he was murdered on 8 June 1768 in a Trieste hotel. The voluminous original record of the criminal proceedings against his murderer, Francesco Arcangeli, was presumed lost for about 150 years. A new edition in the wording of the original text appeared in 1964. This long sought historical document gives cause for forensic-historical reflections under consideration of the autopsy protocol about Winckelmann, which is likewise a historical document. A considerable change of paradigm in comparison to current autopsy protocols is observed with regard to the evaluation of injuries and the circumstances of death.

  19. The Victim’s Right to Intervene as an Injured Party in Criminal Proceedings: A Multidimensional and Interdisciplinary Assessment of Current Dutch Legal Practice

    Directory of Open Access Journals (Sweden)

    Renée S.B. Kool

    2017-12-01

    Full Text Available In order to further crime victims’ compensation, the Dutch legislator relatively recently extended the admissibility criterion. Since 2010, the key lies in the assessment of whether such a claim presents an undue burden for the criminal proceedings (S. 51f DCCP. In order to learn whether this legal change has been effective, an evaluative research was carried out containing both legal theoretical and empirical research (quantitative and qualitative. This called for an accurate research design in which classic legal research methods need to be combined with methods applied in social sciences. To counter this methodological challenge, we opted for a mix of research-design methods, using triangulation as the key to enable us to analyze the ‘law in action’. Our approach turned out to be fruitful, although not without methodological hazards. The paper contains a report on our ‘methodological journey’, providing an account of the difficulties that we encountered during the execution of our mixed research methods. The aim of the paper is only modest: we want to report on ‘the lessons learned’, endorsing the fact that triangulation is an appropriate approach for an interdisciplinary assessment of Dutch legal practice.

  20. 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

  1. The International Criminal Court at the mercy of powerful states: How the Rome Statute promotes legal neo-colonialism

    NARCIS (Netherlands)

    Schuerch, R.J.

    2016-01-01

    The International Criminal Court (ICC), since putting focus on African situations and cases and in particular following the Al-Bashir indictment, became the target of criticism by the political establishments of many African states which repeatedly labelled the Court an agent of powerful states

  2. Human Trafficking as a Crime Against Humanity: An analysis of the legal potential to prosecute human trafficking in the International Criminal Court with reference to the trafficking of Rohingya Muslims in Southeast Asia

    OpenAIRE

    Haraldsen, Janne

    2014-01-01

    This paper examines the legal potential to prosecute human trafficking as a crime against humanity (CAH) in the International Criminal Court (ICC). Although the ICC has been equipped with the legal tools necessary to prosecute human trafficking, it has not yet brought a single trafficking case to the Court. In order to fully comprehend the bar for prosecution of human trafficking as a CAH at the ICC, the paper applies the CAH framework to the situation of the persecuted Rohingya minority in M...

  3. Criminal Aspects of Pornography

    OpenAIRE

    Svoboda, Filip

    2015-01-01

    Criminal Aspects of Pornography Summary The main purpose of this thesis is to introduce the phenomenon of pornography in terms of criminal law, to point out flaws in the current relevant criminal legislation in the Czech Republic and to propose a possible solution in a form of potential legislative changes. The thesis is composed of five chapters. The first chapter deals with definition issue of vague legal term of "pornography" and other related terms ("child pornography", "hardcore pornogra...

  4. Apology and Spanish Criminal Law at the Post-Sentencing Level: the Gap Between Legal Provisions and Victims and Offenders’ Experiences in Cases of Terrorism

    Directory of Open Access Journals (Sweden)

    Gema Varona

    2017-08-01

    Full Text Available This paper deals with the Spanish provisions in criminal law requesting apology by offenders in organized crime, including terrorism. In order to grant parole, apology is required, among other possible means provided by law, to accredit the abandonment of the ends and means of the terrorist activity. Those legal provisions will be contrasted with the experience and narratives of victims and offenders in cases of terrorism. Final conclusions will be derived in relation to the possibility of restorative apologies in these contexts.Este artículo aborda las provisiones españolas en materia de derecho penal que solicitan la petición de perdón de los delincuentes del crimen organizado, incluyendo el terrorismo. Entre otras medidas posibles que plantea la ley, para obtener la libertad condicional se requiere una disculpa, para acreditar el abandono de los fines y los medios de la actividad terrorista. Estas provisiones legales se contrastarán con la experiencia y las narraciones de víctimas y delincuentes en casos de terrorismo. Se ofrecen conclusiones finales en relación con la posibilidad de disculpas restaurativas en estos contextos.DOWNLOAD THIS PAPER FROM SSRN: https://ssrn.com/abstract=3002481

  5. 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.

  6. CRIMINAL LEGAL POLICY OF REPUBLIC OF MACEDONIA IN CASE OF CRIMES RELATED TO ABUSE OF THE PROCEDURE FOR BANKRUPTCY

    Directory of Open Access Journals (Sweden)

    Kristina Balabanova

    2015-07-01

    Full Text Available The bankruptcy procedure is essentially a legal procedure which is governed by bankruptcy law, but there is interweaving of economics and rights because over the company, which is an economic entity is conducted legal proceedings. Interdisciplinary is reflected in the fact that under the authority of the law and the authority of the bodies which the law sets as carriers of the proceedings, bankruptcy judges, Trustees, I dismissed the economic problems of enterprises or dismissed major issues that could not initially be neat and loose during the normal operation of enterprises. Fans in terms of bankruptcy are based on the dating of the economic environment, most frequently as a result of a decision of the management.

  7. Discussing Future Goals and Legal Aspects of Health Care: Essential Steps in Transitioning Youth to Adult-Oriented Care.

    Science.gov (United States)

    Davidson, Lynn F; Doyle, Maya; Silver, Ellen J

    2017-09-01

    Discussing realistic future goals with the adolescent alone and with family, and reviewing legal aspects of health care transition (HCT), are essential steps in the transition from pediatric to adult-oriented care. Secondary analysis of datasets from 2 studies related to HCT assessed differences in provider practice for youth with and without special health care needs (SHCNs). Across both datasets, between 57% and 68.6% of providers reported some discussion of future goals with adolescent or with family. However, only 28.6% to 31% of providers reported discussing future goals with youth with SHCNs alone. It was rare for providers to report discussing legal aspects of HCT with any youth. Findings identify a gap in discussing future goals and legal aspects of HCT, as part of routine care for adolescents. Additional research to understand barriers and improve likelihood of these steps within HCT is needed.

  8. 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

  9. Knowledge Level of Gynecologists and Midwives of Yazd Concerning Rules and Regulations of Therapeutic Abortion(Legal and Criminal Abortion

    Directory of Open Access Journals (Sweden)

    M Ghadipasha

    2011-05-01

    Full Text Available Introduction: Abortion has always been a controversial issue and all religions, humanistic and medical communities have opposed it . The complications of illegal abortion are one of the most common reasons of hospital admission in developing countries. W.H.O estimates that the one eight of all pregnancy deaths is due to illegal abortion. Lack of knowledge of the medical team about the abortion regulations and rules can endanger the pregnant mothers life and also create certain problems for medical communities . Methods: This cross- sectional study was conducted in 2007 and included 110 gynecologists and midwives in Yazd who were studied by census method. Data was collected via self-made questionnaire and data analysis was done by software SPSS program and statistical tests included square K and T test. Results : Of the total of 110 patients, 16.4% were gynecologists and 83.3% were midwives, 31.8% worked in academic centers and 68.2% were employed at other centers. The awareness level of 25.5% was good. There was a meaningful difference between the awareness level of academic employed and nonacademic employed and also between those who had studied abortion rules regulations. Conclusion: As 74.5% of the study population had low levels of awareness about the abortion rules, education of midwives & gynecologists about rules & regulations is strongly recommended as it not only helps women's health, but also decreases their legal problems.

  10. 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 ...

  11. 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....

  12. 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

  13. What is the contribution of the dialogue with social sciences for Brazilian legal research? An analysis from an empirical study in the small claims criminal court in the city of Rio de Janeiro

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    Vera Ribeiro de Almeida

    2014-07-01

    Full Text Available This paper synthesizes some observations regarding a broader research in which both literature and methods from social sciences were employed. These resources have become important instruments for understanding legal actors' speeches and their judicial practices, with an emphasis on the analysis of consensus building in the criminal justice system of the city of Rio de Janeiro. This emphasis was justified because in the course of such analysis it was possible to observe law through a non-normative perspective. In order to do so, we have compared the speeches (both legal and doctrinal with the practices and speeches of the actors themselves about the "consensus" as a category. By discussing the results obtained with this exercise, we expect to contribute to the reflection about the paths of the Brazilian legal research and the indispensable dialogue with contributions from other fields.

  14. Organization of preparatory criminal proceedings

    OpenAIRE

    Lukić Tatjana

    2011-01-01

    Our criminal law has been developing in the direction of democratization and respect of the minimum legal standards as a condition for an objective assessment of criminal offenses and the protection of human rights and the law does, more or less, like all social phenomena resist the rapid and radical change. The investigation, as part of criminal proceedings is undoubtedly the most important and also the most delicate part of the proceedings. The issue of different organization of the concept...

  15. Juveniles in criminal procedure

    Directory of Open Access Journals (Sweden)

    Lukić Tatjana

    2012-01-01

    Full Text Available Taking into consideration the importance and role of children in modern society, as well as their position, this article has as its focus juveniles in criminal procedure. The existence of a separate juvenile justice system independent of the criminal law applicable to the adult offenders and general criminal procedure, as well as the periodic changes of the dominant approach in theory and practice reflects the ascendancy of different theoretical perspectives in the juvenile justice. In this paper, the authors scrutinize the models of responding to juvenile crime - justice and welfare model - as two models of the greatest importance in the present reaction of the society to the crimes conducted by the youngest delinquents at the beginning of the new century and millennium. Furthermore, the paper deals with a matter of international legal standards which, to a large extent, give shape to the legal framework for juvenile offenders and provide their rights and position in the criminal procedure. The authors refer to the internationally accepted documents on several levels. From the (almost universally accepted multilateral conventions on human rights, through the field of recommendations, rules and guidelines which are obeyed and enforced in practice of the juvenile justice although they are of non-binding nature, via the regional European legislative to the national provisions in a particular number of countries. On all the levels mentioned above the rights of the juveniles are regulated having in mind their possible role in the criminal procedure as a perpetrator of a criminal act, as a victim or as a witness. This paper also analyzes the criminal procedure with respect to juvenile perpetrators of the criminal acts in the Republic of Serbia and compliance of the provisions currently in vigor with the international legal standards contained in the international conventions and other internationally accepted and recognized instruments.

  16. 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...

  17. The Observed Longitudinal Relationship between Future Orientation and Substance Use Among a Cohort of Youth with Serious Criminal Offenses.

    Science.gov (United States)

    Brooks, Merrian; Miller, Elizabeth; Abebe, Kaleab; Mulvey, Edward

    2018-03-06

    Future orientation (FO), an essential construct in youth development, encompassing goals, expectations for life, and ability to plan for the future. This study uses a multidimensional measure of future orientation to assess the relationship between change in future orientation and change in substance use over time. Data were from the Pathways to Desistence study. Justice involved youth (n = 1,354), ages 14 to 18 at time of recruitment, completed interviews every six months for three years. Multiple measures were chosen a priori as elements of future orientation. After evaluating the psychometrics of a new measure for future orientation, we ran mixed effects cross-lagged panel models to assess the relationship between changes in future orientation and substance use (tobacco, marijuana, hard drugs, and alcohol). There was a significant bidirectional relationship between future orientation and all substance use outcomes. Adjusted models accounted for different sites, sex, age, ethnicity, parental education, and proportion of time spent in a facility. In adjusted models, higher levels of future orientation resulted in smaller increases in substance use at future time points. Future orientation and substance use influence each other in this sample of adolescent offenders. Treating substance use disorders is also likely to increase future orientation, promoting positive youth development more generally. This study expands our understanding of the longitudinal relationship between changes in future orientation and changes in levels of substance use in a sample of justice involved youth with high levels of substance use, a group of considerable clinical and policy interest.

  18. International criminal trials: A normative theory

    NARCIS (Netherlands)

    Vasiliev, S.

    2014-01-01

    Among the numerous works on international criminal procedure, there has been no study focusing on the international criminal trial as a socio-legal phenomenon and a phase of international criminal proceedings. This book seeks to cover this gap by systematically examining and analyzing the nature and

  19. 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.

  20. 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.

  1. 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...

  2. Legal Issues for Orientation and Mobility Specialists: Minimizing the Risks of Liability.

    Science.gov (United States)

    Marsh, Ruth Ann; Hartmeister, Fred; Griffin-Shirley, Nora

    2000-01-01

    This article discusses the potential negligence-based liability risks that orientation and mobility (O&M) specialists often face when assisting students with visual impairments with independent travel in uncontrolled environments. It also presents strategies that may minimize the risks of O&M training for both students and specialists. (Contains…

  3. Preventing Criminal Recidivism Through Mental Health and Criminal Justice Collaboration.

    Science.gov (United States)

    Lamberti, J Steven

    2016-11-01

    Criminal justice system involvement is common among persons with serious mental illness in community treatment settings. Various intervention strategies are used to prevent criminal recidivism among justice-involved individuals, including mental health courts, specialty probation, and conditional release programs. Despite differences in these approaches, most involve the use of legal leverage to promote treatment adherence. Evidence supporting the effectiveness of leverage-based interventions at preventing criminal recidivism is mixed, however, with some studies suggesting that involving criminal justice authorities in mental health treatment can increase recidivism rates. The effectiveness of interventions that utilize legal leverage is likely to depend on several factors, including the ability of mental health and criminal justice staff to work together. Collaboration is widely acknowledged as essential in managing justice-involved individuals, yet fundamental differences in goals, values, and methods exist between mental health and criminal justice professionals. This article presents a six-step conceptual framework for optimal mental health-criminal justice collaboration to prevent criminal recidivism among individuals with serious mental illness who are under criminal justice supervision in the community. Combining best practices from each field, the stepwise process includes engagement, assessment, planning and treatment, monitoring, problem solving, and transition. Rationale and opportunities for collaboration at each step are discussed.

  4. 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.)

  5. 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

  6. 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.

  7. 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.

  8. Personality-related determinants of criminal recidivism

    Directory of Open Access Journals (Sweden)

    Međedović Janko

    2012-01-01

    Full Text Available The goal of this study was to explore personality-related determinants of recidivism, with recidivism being defined as a the number of lawful sentences a person had (criminal legal recidivism, and b the number of prison sentences pronounced (penal recidivism. The study was carried out in two independent samples: a convicts from the Correctional Institution of Belgrade - Penitentiary of Padinska Skela (N=113, and b convicts from the Special Prison Hospital in Belgrade (N =112. The variables of the Five-Factor Model of Personality (Neuroticism, Extraversion, Openness, Agreeableness and Conscientiousness were measured, together with two additional basic personality traits: Disintegration (a broad dimension of psychosis-proneness, and Amorality (three factors representing a disposition to amoral forms of behavior. In addition, psychopathy (Manipulative and Antisocial tendencies - a psychological entity expected to most successfully predict criminal recidivism - was measured as well. The efficiency of prediction of the two criteria of recidivism was assessed separately in each of those two samples. The results revealed differences in the orchestration of predictors depending on the kind of recidivism as the criterion and the severity of offense. The most important predictors of both forms of recidivism in the sample of convicts with lower intensity of criminal behavior were psychopathic traits. However, in the sample of convicts with higher intensity and variety of criminal behavior, the most important predictors of the number of sentences were Antisociality and Amorality Induced by Frustration, while the most important predictors of the number of prison sanctions were Amorality Induced by Brutality and Disintegration. [Projekat Ministarstva nauke Republike Srbije, br. 47011: Criminality in Serbia: Phenomenology, Risks and Possibilities of Social Prevention i br. 179018: Identification, Measurement and Development of Cognitive and Emotional

  9. 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

  10. 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.

  11. 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 ...

  12. Criminal implication of sponsoring in medicine: legal ramifactions and recommendations; Strafrechtliche Bedeutung des Sponsorings in der Medizin: Gesetzliche Rahmenbedingungen und Handlungsempfehlungen

    Energy Technology Data Exchange (ETDEWEB)

    Mahnken, A.H.; Guenther, R.W. [Klinik fuer Radiologische Diagnostik, Universitaetsklinikum Aachen (Germany); Theilmann, M. [Rechtsanwalt Martin Theilmann, Osnabrueck (Germany); Bolenz, M. [Fakultaet Wirtschafts- und Sozialwissenschaften, Fachhochschule Osnabrueck (Germany)

    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. (orig.)

  13. EKSISTENSI BANTUAN HUKUM TERHADAP PRAJURIT TNI SEBAGAI PELAKU TINDAK PIDANA DAN PRAKTIKNYA / The Existence And Practice Of Legal Assistance To Indonesian National Armed Forces Personnel As Criminal Offender

    Directory of Open Access Journals (Sweden)

    Tumbur Palti D Hutapea

    2016-11-01

    Full Text Available Bantuan Hukum merupakan bantuan yang diberikan oleh seorang ahli di bidang hukum atau penasihat hukum kepada seorang yang terkena masalah hukum di setiap tahapan pemeriksaan baik di luar maupun di dalam pengadilan. Peranan bantuan hukum bagi Prajurit TNI sangat diperlukan dalam menghadapi permasalahan hukum yang dihadapinya. Peraturan perundang-undangan yang mengatur bantuan hukum di lingkungan TNI sepanjang sejarah berdirinya TNI telah mengutamakan bantuan hukum yang berasal dari internal TNI berdasarkan perintah di mana personilnya belum memiliki akreditasi/sertifikasi, sehingga kalangan eksternal sulit memasuki lingkungan hukum militer sebab harus memperoleh izin Perwira Penyerah Perkara (Papera. Perlunya prioritas percepatan RUU tentang Peradilan Militer yang salah satunya merevisi aturan pemberian bantuan hukum kepada Prajurit TNI. Selanjutnya diperlukan kebebasan memilih dan menetapkan layanan bantuan hukum dari advokat profesional atau dengan menggunakan sarana posbakum, khususnya perkara yang diancam pidana mati dan pidana tambahan berupa pemecatan dari dinas militer.   Legal assistance is an assistance given by an expertise in law area or legal advisors to those who have legal problems at every stage of investigation both outside and inside the court. The role of legal assistance for Indonesian National Armed Forces personnel is important. The Legislation covering legal assistance in the Indonesian National Armed Forces community throughout the history has prioritized internal legal assistance where the personnel itself does not have certification/ accreditation for it. The external is hard to get involve and have to obtain special permission from the Officers hand the case (Papera. Accelerating the Bill on Military Justice to revise the rules on providing legal assistance to Army personnel is priority. Furthermore, the necessary freedom to choose and establish legal assistance services of a professional advocate or by means POSBAKUM

  14. Corruption and legal certainty; the case of Albania and the Netherlands Implementation of the Criminal Law Convention on Corruption in a transitional and consolidated democracy

    NARCIS (Netherlands)

    Peçi, Idlir; Sikkema, E.

    2010-01-01

    A discrepancy in corruption levels may be observed between Western European states and the post-communist states of Central and (South) Eastern Europe. In order to find out whether this discrepancy corresponds with a discrepancy in legal provisions, we embarked upon a comparative exercise aimed at

  15. The criminal sanctions of commercial deceptions in Ethiopia: Could ...

    African Journals Online (AJOL)

    It has been contended that criminalization of commercial wrongs would chill economic activities due to the over-deterrence effect of criminal sanctions. However, a growing amount of legal literature has emerged in this area and it has indicated that deceptive commercial behaviors deserve criminal sanctions since they ...

  16. 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.

  17. Criminal milieu and criminal phenomenon: Criminology and criminalistics aspects

    Directory of Open Access Journals (Sweden)

    Manojlović Dragan

    2015-01-01

    fact that it is a difficult under- taking and that these institutes are intractable or multidimensional, shows that the theoretical knowledge which is used for their interpretation has certain weaknesses, that is, when analyzing the concept of the criminal milieu and criminal phenome on, we encounter many limitations and uncertainties in our theory. By theoretical problems related to the 'criminal underworld and- criminal activity, we might as well open up the possibility for understanding other, similar and related phenomena and processes. Therefore, this paper's primary goal is to explore the achievements of the institutes of criminal milieu and criminal activity in the area of criminal and criminological thought in the world. At the same time, I do not believe nor think that my theoretical contribution would be important or noticed. My attention is oriented towards the search fora different and somewhat innovative approach which could eventually lead to some new insights into our criminal and criminological thought.

  18. Case Law: - Canada: Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010); - Czech Republic: Supreme Administrative Court on the legal status of CEZ (2010)

    International Nuclear Information System (INIS)

    Anon.

    2010-01-01

    Case law 1: Canada - Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010). This case concerns a recent, successful prosecution that was undertaken before the Ontario Court of Justice relating to violations of export control legislation in Canada, nuclear regulatory legislation, customs law, criminal law, as well as Canadian law implementing UN Security Council resolutions concerning Iran. The convictions that have been registered in this case, notwithstanding the fact that the decision is currently under appeal,2 demonstrate the importance of a functioning export control regime and effective counter-proliferation strategy. The case represents the first conviction for a regulatory offense under the Nuclear Safety and Control Act,3 in force since 2000, and Mr. Yadegari is the first Canadian to be convicted under the United Nations Act, Canada's legislation by which it implements UN resolutions. Case law 2: Czech Republic - Supreme Administrative Court on the legal status of CEZ (2010). The Supreme Administrative Court in its decision of 6 October 20098 ruled on whether CEZ, a.s., which is the operator of nuclear installations at the Temelin and Dukovany sites in the Czech Republic, is governed by the Act on Free Access to Information. The court stated that the rules laid down in the Act on Free Access to Information, also apply to CEZ which is considered as a 'public institution'. The following reasons led the court to this interpretation: first, CEZ was established by decision of the state in the course of the privatisation process. Secondly, the company is effectively controlled by the state, which is still its majority owner and the profits of the company also compose a portion of state budget revenues. Finally, there is a public interest served in the function of the company

  19. Affect and criminal responsibility

    Directory of Open Access Journals (Sweden)

    Drakić Dragiša S.

    2017-01-01

    Full Text Available In this article the author deals with an issue of relationship between the affect and criminal responsibility. In order to provide a multi-angle approach to analysis of this issue the author resorted to multidisciplinary - criminal law and psychiatric-psychological approach. Although the topic covered by this article is significant and complex, it appears to be of virtually no interest in the literature. For that reason the author's endeavor to research this topic should not go unmentioned. In the first part of the article the author tried to provide answers to some preliminary questions without which it would be impossible to understand the relationship between the affect and criminal responsibility. Those are the following questions: what are affects, what is their nature and intensity, how long they last and how they influence psychological functions of a person acting in affect? Central part of the article is dedicated to examining the importance of the affect as a phenomenon in criminal law dogma and in judicial rulings, as well as its effect on criminal responsibility. The author finds that acting in affect may be considered as a mitigating circumstance in the sentencing, but can also be a basis for mitigation of the sentence or even suspension of the sentence, as part of some general criminal law norms. Also, for certain offenses it may be considered as a favorable condition that renders that offence to be less grave. Finally, the affect may be considered as a psychological basis diminished, or even lack of, mental capacity. The last above mentioned issue receives special attention of the author, and claims that only the affect that is 'of extreme proportions' may lead to mental incapacity. Such affect is the one that 'demolishes restrains and removes reasonable and target-oriented actions'. In further analysis the author proposes criteria and methodology for assessment of person's sanity in criminal law and criminal procedure. Further

  20. 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.

  1. ENFORCEMENT PATTERN OF CRIMINAL LAW BASED ON HUMANITY VALUES IN THE UTILITY PRINCIPAL PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Gialdah Tapiansari Batubara

    2018-03-01

    Full Text Available [Enforcement Pattern Of Criminal Law Based On Humanity Values In The Utility Principal Perspective] The current Criminal Code is laden with weaknesses, so it is urgent to be replaced by a law-oriented Criminal Code that is closer to the characteristics of the Muslim law (Custom and Law Family, which features Indonesian characteristics (moving from the collective and personal order, reflecting the nation's political ideology of Pancasila. One of the selected Pancasila values ​​is humanitarian value. Human values ​​are values ​​that show respect for human beings, because they are essentially legal to human beings. In the realm of material criminal law, human values ​​are reflected in the principle of individualization of punishment (the principle of individuality, flexibility, modification, forgiveness, and culpability, as seen in the National Criminal Code Bill. Not accommodating humanitarian values ​​in the formulation stage will be fatal at the law enforcement stage, but it is also fatal if the error in the formulation stage is left at law enforcement stage, so it is necessary to nationalize the pattern of criminal law enforcement one of them based on humanitarian value, less focus on punishment, contain prevention strategies, strategies for imposition of prison criminal sanctions are ultimum remedium, benefit strategy and balance of interest protection and restoration of relations between perpetrators, victims, community and state, social defense strategy with a rational policy approach that includes the use of economic approach , productive action strategies and contribute to national development in order to realize the legal objectives of benefits. Keywords: Value, Humanity, Pancasila, Enforcement, Benefit.

  2. GENERAL PRINCIPLES OF EU (CRIMINAL LAW: LEGALITY, EQUALITY, NON-DISCRIMINATION, SPECIALTY AND NE BIS IN IDEM IN THE FIELD OF THE EUROPEAN ARREST WARRANT

    Directory of Open Access Journals (Sweden)

    NOREL NEAGU

    2012-05-01

    Full Text Available This article deals with the case law of the Court of Justice of the European Union in the field of the European arrest warrant, critically analysing the principles invoked in several decisions validating the European legislation in the field: legality, equality and non-discrimination, specialty, ne bis in idem. The author concludes that an area of freedom, security and justice could be built on these principles, but further harmonisation of legislation needs to be realised to avoid a ”journey to the unknown” for European citizens in respect to legislation of other member states of the EU.

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

    OpenAIRE

    Andi Sofyan

    2015-01-01

    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 re...

  4. Legal protection for the forest. An ecological orientation of the law appears to be a necessity. Rechtsschutz fuer den Wald. Oekologische Orientierung des Rechts als Notwendigkeit der Ueberlebenssicherung

    Energy Technology Data Exchange (ETDEWEB)

    Baumann, W. (ed.)

    1986-01-01

    For years the signs indicating a disastrous dying of trees have been increasing. Environmental associations talk about a 'national cultural disaster'. An 'ecological holocaust' feared by so many would have fatal consequences for water, air, many animal and plant species and, of course, for mankind itself. Forestry already suffers major losses. The legal sciences have so far kept away from any attempt to cope with the death of the forest. This is to be regretted all the more as it has been instrumental in laying down the law caused the critical situation of the forest. In this book authors with different scientific backgrounds discuss the problems in order to find new legal remedies for the ailing forest. An 'ecological orientation' of the law appears to be a necessity.

  5. 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.

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

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    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.

  7. 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.

  8. Postcode Criminals

    Science.gov (United States)

    Hiett, Sandra; Kushner, Joann

    2013-01-01

    Postcode Criminals was the second phase of an international participatory community arts project challenging negative stereotypes of urban youth. Concerned with the impact of zero tolerance community policing strategies in the UK and USA, artists Joann Kushner and Dread Scott developed an art-based project with a social justice agenda. To give…

  9. 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)

  10. Legal Liabilities of Administrators.

    Science.gov (United States)

    Underwood, Julie

    This chapter of "Principles of School Business Management" discusses the implications of several court cases for legal issues affecting the role of the school business official. The issues addressed include civil rights, negligence, contracts, criminal liability, tuition and fees, and student records. The chapter opens with a brief overview of…

  11. Economic Criminal Acts according to Criminal Code of Republic of Kosovo

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    Dr.Sc. Bajram Ukaj

    2015-06-01

    Full Text Available This article analyses the criminal offences against economy in the Criminal Code of Kosovo, which are increasingly becoming an important object of study, both at national and international levels. The criminal offences against economy are in principle blanket nature offences, guiding nature, since the vast majority of such norms are further delineated in other bylaws, while the criminal code provisions provide on criminal offences, thereby guiding towards another legal or sub-legal provision. Economic and financial crimes in Kosovo are already making a remarkable increase, as proven by statistical records of state authorities. The increased rate of economic crimes is a result of many factors and circumstances present in Kosovo, which may be different from regional countries. The inefficient fight and prevention of organized crime and corruption in the period between 1999-2010 was stimulated and favoured by several specific factors that are elaborated in this article.

  12. Areas and consequences of organized crime influence on the legal market

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    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. .

  13. 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.

  14. 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.

  15. 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

  16. 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

  17. 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.

  18. 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....

  19. 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

  20. Criminal law

    International Nuclear Information System (INIS)

    Silva, J.M. da.

    1979-01-01

    Facts concerning the application of atomic energy are presented and those aspects which should be under tutelage, the nature and guilt of the nuclear offenses and the agent's peril are presented. The need of a specific chapter in criminal law with adequate legislation concerning the principles of atomic energy is inferred. The basis for the future elaboration this legislation are fixed. (A.L.S.L.) [pt

  1. Status of Forces and Criminal Jurisdiction

    OpenAIRE

    Voetelink, J.

    2013-01-01

    This article examines the legal status of armed forces present in friendly foreign territory with a special focus on criminal jurisdiction. Traditionally, this issue has been considered from the perspective of public international law in which immunities play an important role. However, this perspective does not fully cover the criminal jurisdiction provisions in the international agreements dealing with the status of visiting forces (Status of Forces Agreements). This article introduces mili...

  2. 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.

  3. 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…

  4. 2 CFR 180.965 - Legal proceedings.

    Science.gov (United States)

    2010-01-01

    ... 2 Grants and Agreements 1 2010-01-01 2010-01-01 false Legal proceedings. 180.965 Section 180.965 Grants and Agreements OFFICE OF MANAGEMENT AND BUDGET GOVERNMENTWIDE GUIDANCE FOR GRANTS AND AGREEMENTS... § 180.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial...

  5. 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

  6. Mentally Disordered Non-Psychotic Criminal Offenders

    DEFF Research Database (Denmark)

    Gottlieb, Peter; Gabrielsen, Gorm; Kørner, Alex

    2013-01-01

    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. Aims: To describe a sample of offenders falling under §69 and the use of the section...... and the final verdicts on socio-demographic, health and criminal items, and the data were computerized. Results: 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. Conclusions...

  7. 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.

  8. 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

  9. Complaints against Measures and Acts of Criminal Prosecution

    Directory of Open Access Journals (Sweden)

    Marian Alexandru

    2016-01-01

    The complaints against measures and acts of prosecution represent a judicial instrument andalso the way an interested person starts a reviewing action concerning the legality and the groundsof some criminal prosecution acts and measures.

  10. 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...... effective and has driven ex-prisoners farther from legitimate socio-economic advantaged affiliations and invited criminal behaviour....

  11. 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...

  12. 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 ...

  13. On the Effectiveness of Criminal Investigation Related to Armed Conflicts

    OpenAIRE

    Arsen A. Danelyan

    2016-01-01

    This article examines legal problems of arranging effective criminal investigation related to armed conflicts. Modern technologies are increasingly relied on in order to ensure the integrity, objectiveness, and reliability of result of special expert procedures. Consideration is given to the possibility of implementing the so-called “offensive approach” in criminal investigation. The author also examines legal relationships this approach and the active position of civil society in the process...

  14. THE MANIFESTO ON EUROPEAN CRIMINAL PROCEDURE LAW – FOUNDATION FOR CREATING A COMMON SPACE OF EUROPEAN CRIMINAL JUSTICE

    Directory of Open Access Journals (Sweden)

    Rodica PANAINTE

    2015-09-01

    Full Text Available In this article, we propose to analyze the content of the Manifesto on European Criminal Procedure Law of 2013, and how this document can represent a foundation for the legal cooperation of the European states, and also for creating a unique, common space of European criminal justice. Elaborated by the European Criminal Policy Initiative and launched on November 2013, the Manifesto on European Criminal Procedure Law contains the principles and the rules that should be followed by the European penal legislator when gives shape to the laws in the field of Criminal Procedure. This document represents a natural following of the first Manifesto, in the field of substantive criminal law of 2009. The Manifesto concerns mainly the rules and the principles of criminal procedure because, as its authors affirm, this kind of rules have increasingly been shaped lately in European regulations, and also because the regulations in this field must reflect and respect the highest standards of the rule of law, as they must continuously and without exception guarantee the fundamental rights. In this study, we propose to focus upon the legal solutions found out by the authors of the Manifesto in order to attain, during the criminal proceedings, an equilibrium between the interest of the state and even of the Union to realize an effective criminal proceedings, and the individual human rights that are affected, and also an equilibrium between the actual legal order and the traditions of the member states.

  15. 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....

  16. 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.

  17. 28 JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT

    African Journals Online (AJOL)

    Fr. Ikenga

    a result of hard negotiations, it was agreed that the Rome Statute prohibits the criminal responsibility of persons for ... a given court has the power to determine a jurisdictional question is itself a jurisdictional question. ... Legally defined, jurisdiction is the power of a court to adjudicate cases and issue orders. Traditionally, an ...

  18. Criminal Justice in America. Third Edition.

    Science.gov (United States)

    Hayes, Bill, Ed.

    This book, a comprehensive and interactive introductory text on criminal justice, consists of six units: (1) Crime: covers victims' rights, gangs, violent crime, white-collar crime, elements of crimes, legal defenses, methods for measuring crime, hate crime, computer crime, and a history of crime in the United States; (2) Police: explores local…

  19. Status of Forces and Criminal Jurisdiction

    NARCIS (Netherlands)

    Joop Voetelink

    2013-01-01

    This article examines the legal status of armed forces present in friendly foreign territory with a special focus on criminal jurisdiction. Traditionally, this issue has been considered from the perspective of public international law in which immunities play an important role. However, this

  20. 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...

  1. 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......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...... 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...

  2. 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.

  3. 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.

  4. Criminal defense in Chinese courtrooms: an empirical inquiry.

    Science.gov (United States)

    Liang, Bin; He, Ni Phil

    2014-10-01

    Scholars in the field of Chinese criminal procedure law study have long decried the meager legal protection afforded to criminal defendants on trial and the hapless status of Chinese criminal defense attorneys in the courtroom. Unfortunately, very little empirical evidence was available to shed light on how criminal defense was carried out in Chinese courtrooms. Based on observations of 325 actual criminal trials from 55 District People's Courts in J province, this study provides an opportunity to understand the mundane work performed by Chinese criminal defense attorneys. In particular, this study describes how criminal defense attorneys prepare and present their cases (as measured in terms of bail request, overall trial preparation, examination of defendants and witnesses, presentation of evidence, and overall defense strategy), and analyzes the outcomes of their performance. In addition, this study examines the discernible impact of criminal defense work due to types of legal representation utilized (legal aid vs. privately retained attorneys), numbers of attorneys representing the client, and the gender composition of the attorneys. © The Author(s) 2013.

  5. Relation of affect control theory to the sentencing of criminals.

    Science.gov (United States)

    Tsoudis, O

    2000-08-01

    Past researchers (A. Blumstein, J. Cohen, S. E. Martin, & M. H. Tonry, 1983; A. Von Hirsch & H. Gross, 1981) have explored legal variables and demonstrated the significance of various criteria (e.g., criminal's prior record, seriousness of offense, influence of victim) on the sentencing of criminals. Affect control theory (D. R. Heise, 1979) focuses on inferences about the identity of the criminal. In the present study, the author examined the influence of the foregoing legal variables and affect control theory in sentencing decisions by using U.S. undergraduates' reactions to statements of criminals and of victims. Results of a 2 (criminal's emotion: sad vs. unconcerned) x 2 (victim's emotion: sad vs. unconcerned) x 2 (prior record: none vs. auto theft) factorial design supported affect control theory and demonstrated the significance of the victim's perceived identity in sentencing decisions, even when information about the prior record was provided.

  6. Criminal Law in Denmark

    DEFF Research Database (Denmark)

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

    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......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...... to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre...

  7. Gender and role-based perceptions of domestic abuse: does sexual orientation matter?

    Science.gov (United States)

    Seelau, Eric P; Seelau, Sheila M; Poorman, Paula B

    2003-01-01

    Although it is estimated that domestic abuse is as common in gay male and lesbian intimate relationships as in heterosexual relationships, the legal system often fails to recognize or respond to same-gender cases. Empirical research examining the impact of sexual orientation on perceptions of abuse is virtually nonexistent. Undergraduates (N = 252) read a summary of a domestic abuse incident in which victims and perpetrators varied by gender and, by implication, sexual orientation. Victim and respondent gender, rather than the couple's sexual orientation, primarily affected responses to domestic abuse. Domestic abuse perpetrated against women was perceived to be more serious and in need of intervention than abuse against men. Women were more likely than men to believe the victim and to recommend criminal justice system interventions. Because they are inconsistent with gender role stereotypes, domestic abuse cases involving male victims or female perpetrators may not receive equitable treatment within the criminal justice system. Copyright 2003 John Wiley & Sons, Ltd.

  8. 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.

  9. 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.

  10. 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

  11. 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.

  12. Modelling perceptions of criminality and remorse from faces using a data-driven computational approach.

    Science.gov (United States)

    Funk, Friederike; Walker, Mirella; Todorov, Alexander

    2017-11-01

    Perceptions of criminality and remorse are critical for legal decision-making. While faces perceived as criminal are more likely to be selected in police lineups and to receive guilty verdicts, faces perceived as remorseful are more likely to receive less severe punishment recommendations. To identify the information that makes a face appear criminal and/or remorseful, we successfully used two different data-driven computational approaches that led to convergent findings: one relying on the use of computer-generated faces, and the other on photographs of people. In addition to visualising and validating the perceived looks of criminality and remorse, we report correlations with earlier face models of dominance, threat, trustworthiness, masculinity/femininity, and sadness. The new face models of criminal and remorseful appearance contribute to our understanding of perceived criminality and remorse. They can be used to study the effects of perceived criminality and remorse on decision-making; research that can ultimately inform legal policies.

  13. 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,

  14. 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.

  15. "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

  16. 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)

  17. 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.

  18. 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

  19. JUDICIAL COOPERATION IN THE CRIMINAL FIELD

    Directory of Open Access Journals (Sweden)

    Sanja Karceva

    2015-10-01

    Full Text Available The expansion of crime throughout the eras has increased at an alarming rate. It has expanded, evolved and gone through many different forms and stages. With the formation of the EU and the expulsion of internal borders, as well as the insurance of greater liberty and freedom of movement, acts of crime and the number of criminals have drastically increased. Its enormous growth and expansion, especially in the form of crime betwixt country borders (within EU territory, has desperately called for change and development within the norms of criminal law. However, with the view that criminal law in most EU nations has its own specific and varied markings, and since a supranational criminal law does not exist, there has arisen a dire need for cooperation within this sphere. The globalization of transnational organized crime and its entry within the legal sector of these member countries has been the reason for the development of court cooperation within Europe. Cooperation between the courts was achieved through a tight collaboration between the court services and other regulatory organs/authorities of the member countries. This court cooperation is conducted through very varied activities carried out by the different countries, which are in turn guaranteed through different conventions, bilateral and multilateral agreements/treaties. There exist many other kinds of legal support when viewing court cooperation that one member country can provide to another member country, for which information will be provided further in the text.

  20. 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.

  1. 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

  2. Francisco de Vitoria and the root of the criminal law

    Directory of Open Access Journals (Sweden)

    Claudio Brandão

    2017-06-01

    Full Text Available The penal enlightenment was forged as the culmination of a process of bankruptcy paradigms. This is much due to the forward positions that were built before its claims, especially those of natural law rationalists who were based on legal thought of the modern age. In this context, the criminal ideas of Francisco de Vitoria gain considerable importance for understanding the matrix of the criminal law of these days, because they are linked to the enlightenment. Such ideas break the paradigm of the middle ages and replaced in theocentrism by anthropocentrism in the criminal field.

  3. 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...

  4. 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.

  5. Intelligence as legal evidence
    Comparative criminal research into the viability of the proposed Dutch scheme of shielded intelligence witnesses in England and Wales, and legislative compliance with Article 6 (3 (d ECHR

    Directory of Open Access Journals (Sweden)

    Jill E.B. Coster van Voorhout

    2006-12-01

    Full Text Available At present, a shift in criminal law in both the European Union (EU and the United States (US, but maybe even around the globe, is noticeable. States find ways to make more extensive use in the criminal procedure of intelligence collected by the intelligence services. The Netherlands has recently adopted an 'Act on shielded witnesses' that enables intelligence officers of the two Dutch intelligence services, AIVD and MIVD, to provide evidence in the pre-trial phase to the examining magistrate. The hearing will be predominantly ex parte and in camera. Both the official report of the intelligence services (Ambtsbericht and the transcript of the witness testimony provided by an intelligence officer may be adduced as evidence. This paper examines the viability of such a regime of shielded intelligence witnesses under the rules in place in England and Wales, and legislative compliance with fair trial rights as laid down in Article 6 ECHR, in particular the right to confrontation (Article 6 (3 (d ECHR.

  6. "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.

  7. Modelling perceptions of criminality and remorse from faces using a data-driven computational approach.

    OpenAIRE

    Funk, Friederike; Walker, Mirella; Todorov, Alexander

    2016-01-01

    Perceptions of criminality and remorse are critical for legal decision-making. While faces perceived as criminal are more likely to be selected in police lineups and to receive guilty verdicts, faces perceived as remorseful are more likely to receive less severe punishment recommendations. To identify the information that makes a face appear criminal and/or remorseful, we successfully used two different data-driven computational approaches that led to convergent findings: one relying on the u...

  8. Brief notes on organized crime and plea bargaining prohibition of criminal insufficient protection

    OpenAIRE

    Turessi, Flávio Eduardo; Ministério Público do Estado de São Paulo

    2013-01-01

    In this article we seek to analyze the phenomenon of organized crime and the legal procedures for coping, among them, plea bargaining, here identified as special method of criminal investigation. Depth concepts, identifies the fundamental rights a double face: the prohibition of agency and criminal prohibition of insufficient protection. The end, concludes the effective fight against crime as a matter of criminal policy. Neste artigo, busca-se analisar o fenômeno da criminalidade organizad...

  9. 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....

  10. 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,

  11. 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

  12. Crime and Criminal Policy Foundation

    Directory of Open Access Journals (Sweden)

    Néstor Juan Sanabria Landazábal

    2015-12-01

    Full Text Available Theoretically the construction of legitimacy or border crime is admitted as a dynamic cultural result, able to feed off itself and with temporal and geographical boundaries. In this paper it is argued that the problem of criminal policy or design that marks the boundary between legal and illegal cannot circumscribe the penal and criminal procedure code, but requires: understanding crime as an illegitimate market keeping close relations with the legitimate as both exist in the communications space and the social construction of civilization and this is a result of cultural dynamics. Methodologically proceeded with: a theoretical discussion of these issues and statistical modeling and reports from different agencies working in this field in Bogotá, DC management. The contrasting theory and evidence shed light on the problem is complex, the assumptions of economic motivations theories, among others are not met and is not easily solvable in a linear relationship expressed in the trinomial crime - delinquent - penalty. Your solution may be the anthropological and schemes proposed as solution game theory.

  13. 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.

  14. Prosecutor In The Criminal Trial (Conceptual, Organizational And Functional Aspects

    Directory of Open Access Journals (Sweden)

    Elena V. Selina

    2014-06-01

    Full Text Available In the present article author in detail analyzes point 1 and 2 of the part 2 of the article 37 of the Criminal Procedural Code of the Russian Federation, devoted to the powers of the execution of the provision of federal law check, registration of messages on crimes commission and making motivated decree on direction of corresponding materials to the investigative body or law-enforcement body for the solution of the question of criminal prosecution on the facts of the criminal legislation violations revealed by the prosecutor. Explanation connecting them in one norm made in the point 1.3. of the Order of the State Office of Public Prosecutor of the Russian Federation of June. 02, 2011 No. 162 "On the organization of public prosecutor's supervision over the procedural activity of the preliminary investigation bodies". Author explains that from the point of the legal decision legitimacy, an explanation of the Prosecutor General of the Russian Federation correspond to the principles of criminal trial and functional concept of the prosecutor participation. Discrepancy of the legal grounds provided in the point 1 and 2 of the part 2 of the article 37 of the Criminal Procedural Code of the Russian Federation for ensuring of powers stated in the point 1 of this article of the Code and its parts. In fact, analogy of the law is applied. In the conclusion author in addition to the Criminal Procedure Code of the Russian Federation is offered.

  15. 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.

  16. Ultima Ratio in European Criminal Law

    Directory of Open Access Journals (Sweden)

    Sakari Melander

    2013-01-01

    Full Text Available The ultima ratio principle is one of the most well known traditional principles of criminal law. The principle has emphasized the repressive nature of the criminal justice system and positioned it as the last resort of the legislator. The principle has been developed mainly in legal scholarship with a national undertone, while criminal law has traditionally been seen as a pronouncedly national branch of law. However, criminal law has recently been strongly internationalized and Europeanized. This development necessarily needs to affect the principles that legitimate the use of the criminal justice system. There is a need for developing principles that could legitimate criminal law (cooperation that surpasses the national level. The article, thus, examines whether there is a role for the ultima ratio principle in European criminal law. The main focus is on EU criminal law. The article suggests that there are several signs of recognizing the ultima ratio principle in EU criminal law. The principle is recognizable in the principle of subsidiarity, within which ultima ratio may have a federal dimension. Most of all, the principle of proportionality shares several similarities with the ultima ratio principle. If these dimensions were fully examined and utilized, there is a possibility that legitimizing principles for EU criminal law could be formulated at considerable depth. El principio de ultima ratio es uno de los principios tradicionales más conocidos del derecho penal. El principio ha puesto en relieve el carácter represivo del sistema de justicia penal y se ha convertido en el último recurso del legislador. El principio se ha desarrollado principalmente en la comunidad académica legal con un trasfondo nacional, mientras que el derecho penal se ha concebido tradicionalmente como una rama marcadamente nacional del derecho. En los últimos años, sin embargo, el derecho penal se ha internacionalizado y europeizado en gran medida. Esta evoluci

  17. 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.

  18. 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...

  19. The Relationship Between Underage Alcohol Possession and Future Criminal Behavior

    OpenAIRE

    Chris Barnum; Nick J. Richardson; Robert J. Perfetti

    2012-01-01

    This study examines the relationship between underage alcohol possession and criminal behavior through a cohort, age, and period analysis. Utilizing the Age–Period Cohort Characteristic (APCC) models method and national arrest data, while controlling for age and period effects, this study examined single-year age cohorts and determines that strict enforcement of PULA (Possession Under Legal Age) laws decreases the like...

  20. International Criminal Justice, Peace and Reconciliation in Africa ...

    African Journals Online (AJOL)

    The system established by the statute of the International Criminal Court (ICC) is founded on the principle of complementarity, i.e. that the ICC complements national legal systems. As such, conceptually, the Court is a support system and system of last resort for when domestic systems are 'unwilling or unable' to undertake ...

  1. 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.

  2. Civil & Criminal Penalties

    Data.gov (United States)

    US Consumer Product Safety Commission — When CPSC is involved in a civil or criminal investigations into violations of the Consumer Products Safety Act the Commission publishes final determinations and...

  3. Access to sign language interpreters in the criminal justice system.

    Science.gov (United States)

    Miller, K R

    2001-10-01

    Historically, the provision of sign language interpreters to deaf suspects, defendants, and offenders has been a problematic issue in the criminal justice system. Inconsistency in the provision of interpreter services results largely from the ignorance of criminal justice professionals regarding deaf people's communication needs and accommodation options. Through analysis of 22 post-Americans with Disabilities Act cases and a survey of 46 professional sign language interpreters working in criminal justice settings, the present study considered access issues concerning sign language interpreters in law enforcement, courtrooms, and correctional settings. Recommendations to increase the accessibility of interpreting services include providing ongoing awareness training to criminal justice personnel, developing training programs for deaf legal advocates, and continuing access studies.

  4. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories in ...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....

  5. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....

  6. 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.

  7. 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

  8. The legal status of Uncertainty

    Directory of Open Access Journals (Sweden)

    M. Altamura

    2011-03-01

    Full Text Available 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

  9. 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...

  10. Free will and psychiatric assessment of criminal responsibility. A parallel with informed consent

    NARCIS (Netherlands)

    Meynen, G.

    2010-01-01

    In some criminal cases a forensic psychiatrist is asked to make an assessment of the state of mind of the defendant at the time of the legally relevant act. A considerable number of people seem to hold that the basis for this assessment is that free will is required for legal responsibility, and

  11. [Civil, criminal and ethical liability of medical doctors].

    Science.gov (United States)

    Udelsmann, Artur

    2002-01-01

    In the last years doctors have been the target of a growing number of civil, criminal law suits, as well as ethical procedures. Medicine is a widely targeted career, not only owing to its inherent risks, but also owing to a mistaken approach of the Judiciary Power about the obligations of medical doctors. Decisions of the Medical Board in ethical procedures have an impact in civil and criminal justice and therefore should be followed closely. The purpose of this review is to provide a wide view from a doctor-lawyer perspective of cases involving civil, criminal liability of anesthesiologists as well as ethical procedures against them, in an effort to make them comprehensible to doctors. After a brief historical introduction civil liability foundations and legal articles are examined. Responsibilities of doctors, hospitals and health insurance providers are discussed separately, as well as reparation mechanisms. Crimes possible to occur during medical practice and respective penalties are described; the direct relationship between crime and civil reparation is demonstrated. The administrative nature of ethical procedure is described, emphasizing that the legal character of its penalties often serve as grounds for civil and criminal justice decisions. Prevention is still the best medicine. Good medical practice and a good medical-patient relationship are still the best ways to minimize lawsuits and their repercussions. Doctors should have some knowledge of juridical mechanisms in lawsuits and ethical procedures, but should not take defense initiatives without prior consultation of an attorney. Civil, criminal and ethical liability of physicians.

  12. Removing samples taken illegally in the criminal trial

    Directory of Open Access Journals (Sweden)

    Ph. D. Dumitru Rădescu

    2009-12-01

    Full Text Available As far as evidence in a criminal trial is concerned, Criminal Act no. 281/2003 has brought about a new procedural sanction in Romanian criminal procedure, completing article 64 in the Code of Criminal Procedure by a second para-graph, namely the exclusionary rule. The case-law of the European Court in Strasbourg is not very clear when it comes to the admissibility of illegally seized evidence against the defendant. As opposed to that, American and British common law and, following these standards, most of the traditional legal systems on the continent, acknowledge the practical use of this procedural sanction, although it is set out differently and gene-rates somewhat different effects. The said sanction is applied according to the particulars of each case, in order to achieve a just balance between the right to punish, which belongs to the state and the right to fair trial, which belongs to the suspect or the accused. In Romanian law, the unsubstantial legal provisions and the sparse case-law give no obvious answer to a series of fundamental questions related to the functioning and effects of this legal instrument: its relation to nullity, the “fruits of the poisonous tree” effect, its practical use depending on the “causes “ of illegality, the trial stage when it may be used, the procedure that governs its application and the persons entitled to benefit from this right etc. Moreover, the New Code of Criminal Procedure, in spiţe of its more complex content, tends to complicate many of the problematic issues in the current criminal procedure

  13. Can Education Reform Canada's Criminals?

    Science.gov (United States)

    Griffin, D. K.

    1978-01-01

    Discusses the development of the existing correctional programs in Canada's prisons, some theories of criminality, and two competing views on the best way to reform criminals today. Also gives a short review of penitentiary education programs. (RK)

  14. Legal Liability in Environmental Law

    Directory of Open Access Journals (Sweden)

    Ion RUSU

    2011-11-01

    Full Text Available As a member of the European Union and of other regional and world organizations responsible for global environmental protection, Romania has adopted internally a set of measures aimed at protecting the environment. In this paper we conducted a general review of the developments of the way of legal defense of the most important environmental values at international and national level, with an emphasis on internal legal rules. We also examined briefly the civil, administrative, and criminal liability of individual and legal entity that violates the current environmental laws. Our research regards the means by which there are protected by the rules of law the main values of the environment, by examination and critical remarks. The results of the research presented at the conclusions, highlight the need to harmonize the national legislation with the European one and the need to amend and supplement the New Criminal Code with a special chapter covering major environmental offenses. The study is useful for those who carry out their activity in this domain, especially professors and students of the law faculty

  15. 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.

  16. 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

  17. 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.

  18. CRIMINALITY AT MINORS WITH MENTAL DEFICIENCY

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    Zoran Kitkanj

    2009-06-01

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

  19. 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.

  20. 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?.

  1. 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

    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.

  2. Competing for Criminal Money

    NARCIS (Netherlands)

    Rawlings, G.; Unger, B.

    2005-01-01

    To compete for criminal money by means of low bank secrecy seems a tempting strategy for countries in order to attract additional funds. We show in a model that this “Seychelles-strategy” can increase national output, in particular if a country takes a (Stackelberg ) leadership in the competition

  3. Criminal Justice Curriculum Models.

    Science.gov (United States)

    Lumb, Richard C.; Alm, Mary

    This report outlines three new curriculum models for criminal justice developed as part of the North Carolina Community College System's Curriculum Improvement Project (CIP): the "Generalist"; "Generalist-with-Options" for a Law Enforcement Specialty, Corrections Specialty, or Protective Services Specialty; and "Generalist…

  4. Criminal Justice Web Sites.

    Science.gov (United States)

    Dodge, Timothy

    1998-01-01

    Evaluates 15 criminal justice Web sites that have been selected according to the following criteria: authority, currency, purpose, objectivity, and potential usefulness to researchers. The sites provide narrative and statistical information concerning crime, law enforcement, the judicial system, and corrections. Searching techniques are also…

  5. La nueva regulación del discurso del odio en el ordenamiento jurídico español: la modificación del artículo 510 CP. || The new regulation of Hate Speech in the Spanish Legal System: the Modification of the Article 510 of the Criminal Law.

    Directory of Open Access Journals (Sweden)

    Andrés Gascón Cuenca

    2015-12-01

    Full Text Available Resumen: La modificación practicada en el artículo 510 CP por la Ley Orgánica 1/2015, de 30 de marzo, introduce en el ordenamiento jurídico español una nueva regulación ante el discurso del odio y las diversas formas de manifestación que este puede adoptar. Lo que se pretende en este artículo es analizar desde un punto de vista crítico esta necesaria reforma con el objetivo de valorar si los cambios introducidos vienen a cumplir con los estándares internacionales de protección a los que se obligó nuestro país mediante la ratificación del Pacto Internacional de Derechos Civiles y Políticos (PIDCP, la Convención para la Eliminación de todas las Formas de Discriminación Racial (CEDR, la Convención Europea de Derechos Humanos (CEDH, y la legislación con origen en la Unión Europea.   Abstract: The modification practiced by the Ley Orgánica 1/2015, de 30 de marzo, to the article 510 of the Spanish Criminal Code, introduces into the Spanish Legal System a new set of regulations of Hate Speech behaviors. The purpose of this article is to analyze from a critical point of view this modification, with the objective of assessing if this new ordinance is in line with the international standards of protection that are in force in Spain, such as the ones established by the International Covenant of Civil and Political Rights (ICCPR, the Convention for the Elimination of all forms of Racial Discrimination (CERD, the European Convention of Human Rights (ECHR, and the European Union legislation.

  6. Mutual recognition of judicial decisions as basis for obtaining and transfer of evidence in criminal proceedings

    Directory of Open Access Journals (Sweden)

    Bugarski Tatjana D.

    2016-01-01

    Full Text Available Modern forms of criminality whose hallmark is crossborder set new requirements before judicial authorities relating to the recruitment and transfer of evidence for the purposes of criminal proceedings. On the recruitment and transfer of evidence in criminal matters affecting space validity of criminal legislation, the way regulation of international legal assistance in criminal matters and guaranteed basic human rights and freedoms. Consequently, the problem of obtaining and transfer of evidence in the context of international legal assistance in criminal matters is extremely complex, relevant and important, and in this work she was given special attention. The principle of mutual assistance and mutual recognition of judicial decisions and the European Investigation Order in criminal matters are the basic issues that the authors deal in this paper work. This issue is very important today because after May 2017, the European Investigation Order in criminal matters will be the only instrument for the recruitment and transfer of evidence between countries of the European Union. Special attention was paid to the principle of mutual recognition of court decisions on which this instrument is based, as well as the issue of evaluation of evidence obtained abroad.

  7. 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.

  8. [Legal aspects of noise abatement].

    Science.gov (United States)

    Kierski, W S

    1976-12-02

    Noise abatement is a problem of technology, medicine, law, and education. In the technical field, the problem of avoiding hazards is the primary one. In respect of encroachment upon neighbours mutual regard should be the foremost consideration. From the legal angle, a distinction is made between protection of the individial-above all under the provisions of the German Civil Code (Bürgerliches Gesetzbuch)-and of the community-under the provisions of criminal law and administrative law. Future legislation will have to concentrate increasingly upon governmental control measures especially with a view to prevention, instead of the issue of protection of the individual.

  9. 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

  10. 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.

  11. 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.

  12. 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.

  13. 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

  14. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    The aim of the chapter is to study the concept of paraphrase developed by Simonnæs for describing textual elements directed at non-experts in court decisions and intended to give insight into the legal argumentation of the court. Following a discussion of the concept of paraphrase I will study two...... texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations....... In the conclusion, hypotheses for further investigation of knowledge dissemination in the field of law are formulated....

  15. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    The idealised land|water dichotomy is most obviously challenged by ice when ‘land practice’ takes place on ice or when ‘maritime practice’ is obstructed by ice. Both instances represent disparity between the legal codification of space and its social practice. Logically, then, both instances call...... for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...

  16. 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.

  17. 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.

  18. 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…

  19. 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......, the challenges regarding rule of law and due process also relate to secondary legislation in fields like law enforcement, criminal procedure, intelligence, public law, treatment of foreigners, etc....

  20. Scientific criticism of “Non traditional legitimation for criminal action”: Public Defender`s Office and the custody of rights by means of Criminal Law – one refuse

    Directory of Open Access Journals (Sweden)

    Patrick Cacicedo

    2017-03-01

    Full Text Available In “Non tradicional legitimation for criminal action – legal protection of goods from other public institutions”, Franklyn Roger Alves Silva examines the question of the legitimacy of criminal action in the case of crimes with undetermined taxable person and proposes the recognition of a supplementary legitimization of other Public institutions (such as the Public Defender's Office to promote the criminal action of such crimes when there is inertia of the Public Prosecutor's Office. The analysis carried out in this scientific critique reveals a concern with the direction of the Public Defender in the criminal sphere, which, by showing itself incapable of protecting legal assets through criminal law, can become another agent of the State's punitive power, consequent reproduction of social inequalities and violation of human life and dignity, precisely the reverse of the idea that motivated its constitution as a mechanism for defending the human rights of the vulnerable.

  1. Pathological gambling and criminality.

    Science.gov (United States)

    Folino, Jorge Oscar; Abait, Patricia Estela

    2009-09-01

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

  2. 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.

  3. Criminal Law Study Guide

    Science.gov (United States)

    1991-08-01

    the United States by their precise molecular structure, the new chemical cousin, or analog ... is, in effect, as legal as powdered milk . United...intent offenses). c. Substance within a substance. The fact that a substance, itself legally consumable -- such as coffee or beer -- was adulterated ...See United States v. Ward, 14 M.J. 950 (A.C.M.R. 1902) (accused ingested marijuana adulterated with PCP). d. Caveat: Note that article 50a says

  4. 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.

  5. THE CHILD OFFENDER UNDER THE AGE OF CRIMINAL LIABILITY

    OpenAIRE

    Niculina KARACSONY

    2015-01-01

    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 on...

  6. 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.

  7. 25 CFR 11.406 - Criminal coercion.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Criminal coercion. 11.406 Section 11.406 Indians BUREAU... ORDER CODE Criminal Offenses § 11.406 Criminal coercion. (a) A person is guilty of criminal coercion if... withhold action as an official, or cause an official to take or withhold action. (b) Criminal coercion is...

  8. Managing Legal Texts in Requirements Engineering

    Science.gov (United States)

    Otto, Paul N.; Antón, Annie I.

    Laws and regulations are playing an increasingly important role in requirements engineering and systems development. Monitoring systems for requirements and policy compliance has been recognized in the requirements engineering community as a key area for research. Similarly, legal compliance is critical in systems development, especially given that non-compliance can result in both financial and criminal penalties. Working with legal texts can be very challenging, however, because they contain numerous ambiguities, cross-references, domain-specific definitions, and acronyms, and are frequently amended via new statutes, regulations, and case law. Requirements engineers and compliance auditors must be able to identify relevant legal texts, extract requirements and other key concepts, and monitor compliance. This chapter surveys research efforts over the past 50 years in handling legal texts for systems development. This survey can aid requirements engineers and auditors to better specify, test, and monitor systems for compliance.

  9. [Legalization of drugs--pro and con].

    Science.gov (United States)

    Marjanović-Cengić, S

    2001-01-01

    This article deals with various opinions and assertions regarding drug legalization. Societal and clinical implication regarding the effect of decrease or increase in the use of psyhoactive substances, on public health, violence and criminal activities have been pointed out. The relation between legal and illegal drugs has been considered. Special attention has been paid to arguments on legalization and decriminalization of marihuana and possible consequences on the risk group-children and adolescents. Experiences from USA and some European countries have been presented. Having in mind the specific situation in BiH, the author of article gives her own view and suggest the introduction of harm reduction strategy into BiH drug policy, without changing the legal drug status.

  10. [The debate over drug legalization].

    Science.gov (United States)

    Babín Vich, Francisco de Asís

    2013-01-01

    The debate over drug legalization appears frequently in the media as a potential solution to issues such as drug trafficking and other problems related to drug use. In Spain, private consumption or even the production of small quantities of certain plants, whose active ingredients are considered illegal drugs, if clearly for own consumption are not practices criminalized by any law. In addition, a drug addict is considered a person who is ill. Although it has not always been like that even in the countries that have called for this debate, where at times the law prosecutes consumers. The population of our country, according to the views expressed in the opinion polls, prefer to increase preventive measures, foster the treatment freely assumed by drug addicts and make stricter the repression on drug trafficking. Therefore, when speaking of "legalization" we should be scrupulous with the semantics; legalize and decriminalize are not the same, it is not the same decriminalize consumption than decriminalize trafficking, neither is the same decriminalize private consumption than public consumption. Decriminalize private consumption is a fact in our country. Beyond this, we advocate for the strict need to analyze from a scientific perspective the hypothetical benefits that would result from drug legalization. Certainly, from the public health perspective, they are hard to find. We believe that the same logic applied to tobacco, increasing the restrictions on its use, is the path to follow with any addictive substance.

  11. The Role of International Criminal Tribunals in Shaping the Historical Accounts of Genocide

    DEFF Research Database (Denmark)

    Aksenova, Marina

    2017-01-01

    domestic criminal law process. It was rather a way of expressing international outrage with Germany’s aggression through judicial means. Ever since this historic shift occurred, the field of international criminal law has been increasingly vested with the mounting number of objectives – deterrence...... in the 1990’s, exemplifies the main argument in this chapter: providing historical account of events is an essential and inalienable part of international criminal law, but it is limited in scope and subject to strict legal requirements....

  12. Possibilities for improvement of the position of victims of trafficking in people within criminal procedure

    Directory of Open Access Journals (Sweden)

    Škulić Milan Z.

    2002-01-01

    Full Text Available In this paper main possibilities for improvement of the position of victims of trafficking in people within criminal procedure are discussed. The special focus of the analysis is on the issues regarding theoretical base for improvement of the position of victim in criminal procedure. Also, the analysis of international documents related to the protection of victims within criminal procedure, review of laws which allow for organized crime to be proved easier and of legal possibilities (within Yugoslav and comparative law for prevention of secondary victimization, i.e. for protection of victims, is done.

  13. International Criminal Law & Its Paradoxes

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2017-01-01

    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...... 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....

  14. La nueva Criminalística/The new criminalistics

    Directory of Open Access Journals (Sweden)

    Joseph Emerson Ccaza Zapana

    2013-01-01

    Full Text Available La necesidad urgente de redefinir los clásicos y ya obsoletos modelos teóricos criminalísticos, penales y criminológicos –defensores de la “auxiliaridad” de las ciencias, en detrimento de la más noble interdisciplinariedad científica– impulsa a los teóricos de hoy a reinventar y actualizar el conocimiento criminalístico de cara a los nuevos desafíos que les imponen los tiempos actuales. La Criminalística, hoy por hoy, es una ciencia que goza de plena autonomía científica respecto de las demás áreas del saber humano, que empero puede colaborar armoniosamente con todas ellas en aras de la construcción de una sociedad más justa y humanista. El hecho de que muchos de los conocimientos criminalísticos puedan aplicarse a la resolución de problemas legales o criminológicos no significa que estos sean parcela privativa de aquellos fueros. El conocimiento criminalístico constituye, hoy en día, una gran herramienta teórico-metodológica útil para muchas actividades humanas, dentro de éstas, la resolución de conflictos e incertidumbres científicas en general.

  15. 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.

  16. [Legal consequences in cases of child abuse].

    Science.gov (United States)

    Clauß, D; Richter, C; Klohs, G; Heide, S

    2013-09-01

    Medical child protection includes besides interdisciplinary diagnostics and treatment of physical and psychological symptoms also a discussion that looks at the ensuing legal consequences.This study analyses 21 criminally investigated cases of suspected child abuse from a 2 year study period and compares severity of injury to legal outcome.7 of those 21 criminal proceedings were already dropped by the prosecution and never went to trial. 4 of the 8 cases that led to a trial ended with a conviction. In all of the 4 cases that resulted in an acquittal the judges had been convinced that the child had been abused but found themselves unable to exactly identify the perpetrator. Our study's cases did not show a positive correlation between severity of injury and legal outcome.Diagnosing and treating children and minors within the context of medical child protection should always also include the ques-tion of possible legal consequences. The judicial process in cases of serious child abuse requires high medical expertise. Such expertise particularly includes the ability to determine the time of injury as exactly as possible and to provide precise written documentation of any medical findings. However, our study also shows that medical assessment is only one of many aspects in the legal response to child abuse. © Georg Thieme Verlag KG Stuttgart · New York.

  17. 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

  18. 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.

  19. Administrative Subpoenas in Criminal Investigations: A Brief Legal Analysis

    National Research Council Canada - National Science Library

    Doyle, Charles

    2006-01-01

    Administrative subpoena authority is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies performance of their duties...

  20. CRIMINAL LEGAL PROTECTION OF CHILD VICTIMS AND WITNESSES OF CRIMES

    Directory of Open Access Journals (Sweden)

    Monika Mushevska

    2016-01-01

    Full Text Available The term victim indicates a natural person that underwent some kind of crime, including psychological and mental disorder, and emotional suffering or monetary loss, that were caused by accomplishing or not accomplishing a certain kind of activity that violates the law in one state. The term Victim also includes the close members of the victim’s family that depend on the victim. “Kids, victims and witnesses of crimes” indicates kids and adolescents under 18 years of age, which are victims of different kinds of crime or witnesses of different kinds of crime, in spite of the role that they have in the crime act. In all proceedings that directly or indirectly child victims involved it is important to act in a way that is the best and most appropriate for the child.

  1. Criminal Law Study Guide (Revision)

    National Research Council Canada - National Science Library

    1998-01-01

    .... While exhaustive of neither topics discussed nor references cited, It does address fundamental concepts of criminal liability, Defenses, and pleading, as well as offenses most commonly encountered...

  2. Historical Memory and Transitional Justice in Spain: the Time as Actor of Criminal Justice

    Directory of Open Access Journals (Sweden)

    Josep Tamarit Sumalla

    2014-10-01

    Full Text Available The article addresses the political, criminal and legal challenges posed by accountability demands for past crimes by studying the singularities that the Spanish transition from Franco’s dictatorship to democracy has raised. Especially, it is analysed the Historical Memory Law of 2007 and the most problematic points of the criminal justice actions that have emerged due to offenses committed during the dictatorship. Despite the existence of international crimes, the elapsed time has brought difficult to overcome, factual and legal difficulties for effective prosecution. This problem, focusing on the prohibition of retroactivity, prescription and effects of the Amnesty Act of 1977 is examined here.

  3. 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.

  4. Legal perceptions of forensic DNA profiling part I: a review of the legal literature.

    Science.gov (United States)

    Walsh, Simon J

    2005-12-01

    A forensic biologist is usually involved in the criminal justice system process somewhere between the police and the legal system, interacting in a practical context regularly and extensively with both. Forensic DNA research and development commonly involves initiatives that encroach into the neighbouring domains of the law enforcement or legal agencies. Despite this level of association, establishing meaningful cross-disciplinary communication and understanding within the justice system remains a challenge. As an example, there is an abundance of literature relating to forensic DNA profiling in legal and criminological periodicals. Such journals are perhaps outside the regular reading of forensic scientists and much of the legal discussion appears to go unnoticed. This situation is understandable; however, it is also undesirable particularly as forensic DNA developments are intertwined with significant changes in legislation and contentious issues of privacy, civil liberty and social justice. This paper attempts to address this shortcoming directly by summarising - from the viewpoint of a forensic scientist - some of the discussion in the legal literature. In particular the review focuses on discussion raising ideological and ethical concerns. Awareness of these views is of relevance to forensic science. It assists us to accurately place DNA evidence into context and to develop its role in achieving the broader criminal justice system objectives. Understanding the discussion also provides a way to enter the debate and communicate at an appropriate level the true potential of DNA to the legal community.

  5. 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.

  6. Prison as a Criminal School:

    DEFF Research Database (Denmark)

    Gorinas, Cedric; Damm, Anna Piil

    We investigate peer effects on crime-specific recidivism using register data for the entire Danish prison population. We find that inmates strengthen criminal capital in prison due to exposure to offenders with the same field of specialisation (reinforcing peer effects). Our results accord...... are especially strong due to exposure to more experienced criminals and dropouts....

  7. 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 c...

  8. Defendants' Rights in Criminal Trials.

    Science.gov (United States)

    Martin, Ralph C., II; Keeley, Elizabeth

    1997-01-01

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

  9. Drug Use and Criminal Behavior

    Science.gov (United States)

    Fink, Ludwig; Hyatt, Murray P.

    1978-01-01

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

  10. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...... the interesting conversations during the workshop, however, made me think that much of the concern with the Polar Regions in general, and the presence of ice in particular, reverberates around the question of how to accommodate various geographical presences and practices within the regulatory framework that we...

  11. The Criminal Guardianship as Environmental Instrument Dignity in Law Perspective Iberoamericano

    Directory of Open Access Journals (Sweden)

    Luiz Gustavo Gonçalves Ribeiro

    2016-06-01

    Full Text Available Although it is recognized that the standards of criminal production barn has taken into account, in face of secular dogma, the paradigm of inter-conflicts, demands for protection of diffuse legal interests grow and complain effectiveness. Asked whether, therefore, the environment can and should be in the criminal law field of action, vestibular hypothesis is that that, provided it is of importance to the lives of beings, present and future generations, it is quite legal worthy of dignity that does not derive from individual legal interests, but it has real autonomy and universal and transpersonal. As a matter even survival of criminal law, it should, in the service of society, to interfere in the protection of diffuse legal interest, even with that, have to suffer dogmatic changes in the face of a new criminal policy, as requested by the postmodern society risk. What, however, has been done to the effectiveness of environmental protection will be treated in the work from the perspective of Ibero-American countries, specifically Brazil, Mexico, Argentina, Chile, Colombia and Ecuador, especially in face recognition, before large and recent serious environmental issues, the protection of penal law as a tool for environmental dignity. The issue is of importance for the construction of an international criminal dogmatic for more adequate protection of the environment and will be treated in the deductive methodological perspective. Without prejudice to the literature review contained in books and articles, the text also contains primary data, in due research in newspapers and electronic journals that bring examples of practical application of criminal law for the environment in Ibero-America. The results show that criminal law is applicable to environmental protection.

  12. 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

  13. Between "Victims" and "Criminals"

    DEFF Research Database (Denmark)

    Plambech, Sine

    2014-01-01

    This article is about the lives of Nigerian sex workers after deportation from Europe, as well as the institutions that intervene in their migration trajectories. In Europe, some of these women's situations fit the legal definitions of trafficking, and they were categorized as “victims of human...

  14. Convergence and traditions of criminal procedure : fair truth finding and the changing role of the prosecutor in the Netherlands and England and Wales

    NARCIS (Netherlands)

    Ringnalda, A.

    2015-01-01

    Concerning criminal procedure, this book takes a closer look at the interaction between converging tendencies and legal culture and tradition. It does so by studying the development of criminal procedure in the Netherlands and England and Wales. I have selected England because it is the birthplace

  15. 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.

  16. 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.

  17. 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.

  18. 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...

  19. 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

  20. Legal liability for failure to prevent pregnancy (wrongful pregnancy)

    African Journals Online (AJOL)

    overpopulation and the alleviation of poverty. Owing to huge ... Developments leading to the recognition of wrongful pregnancy as a cause of (legal) action in South Africa. (SA), are briefly outlined ... Department of Criminal and Procedural Law, College of Law, University of South Africa, Pretoria, South Africa. Corresponding ...

  1. ECONOMIC AND LEGAL MECHANISMS TO COUNTER TERRORIST THREATS

    Directory of Open Access Journals (Sweden)

    G. V. Startsev

    2010-01-01

    Full Text Available Issues related to problems arising while using economic and legal facilities of counteraction to terroristic threats in Russian Federation A complex of. key national safety maintenance matters vital in modern conditions is analyzed. Particular attention is paid to economic and financial safety in interrelation with issues common to counteraction to organized and economic criminality, corruption and terrorism.

  2. 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 ...

  3. 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.

  4. European Council of Legal Medicine (ECLM) accreditation of forensic pathology services in Europe

    DEFF Research Database (Denmark)

    Mangin, P; Bonbled, F; Väli, M

    2015-01-01

    Forensic experts play a major role in the legal process as they offer professional expert opinion and evidence within the criminal justice system adjudicating on the innocence or alleged guilt of an accused person. In this respect, medico-legal examination is an essential part of the investigation...

  5. Collateral Damage from Criminalizing Aggression? Lawfare through aggression accusations in the Nagorno Karabakh conflict

    OpenAIRE

    DE HOON, Marieke

    2012-01-01

    The regulation of war through the prohibition and criminalization of the act of aggression has provided a common legal language for denouncing an opponent for committing aggressive war that is used between warring sides and is understood globally. Nevertheless, due to the indeterminate nature of aggression, different actors may invoke different interpretations and conceptual frameworks related to the legality of war to accuse the other of aggression. This article asserts that the notion of ag...

  6. Environmental criminal offences - victimless crimes?

    Directory of Open Access Journals (Sweden)

    Batrićević Ana

    2013-01-01

    Full Text Available Ecological criminal offences, the most serious forms of harming and threatening of environment or its integral parts, represents a global phenomenon of great social hazard. They are often connected with organized transnational criminality, criminal offences against life and bodily integrity, corruption, tax evasion and discrimination. Disputable nature of the subject these incriminations protect imposes a question: “Who are the victims of ecological criminal offences - individuals, social groups, entire society or environment as value per se?” Perceiving ecological criminal offences as victimless crimes diminishes their importance and the circle of subjects interested to unveil, prove, prevent, suppress and impose punishments for these offences. Therefore, the author discusses the sustainability of the traditional, anthropocentrically defined term of victim in the context of biocentrism and its growing influence on criminal law, criminology and victimology. Attempting to determine whether ecological criminal offences represent victimless crimes, the author analyzes their term, characteristics and significance. Starting from the traditional definition of victim, she analyzes the term of “victimless crimes“ and its (unsustainability in the context of environmental crime, focusing on its most frequent victims and the necessity of their protection.

  7. 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.

  8. 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.

  9. 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”

  10. 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

  11. Criminal Law of the Enemy X Criminal Law Citizen

    Directory of Open Access Journals (Sweden)

    Déa Carla Pereira Nery

    2016-06-01

    Full Text Available The article analyzes the Criminal Law of the Enemy opposed to criminal law in the Citizen, emphasizing the need for the state to recognize the author of the fact tortious as an enemy that must be destroyed, but as an individual who presented a behavior that hurt the norm, not yet lost its status as citizens and their right to reintegrate into society.

  12. 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.

  13. 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.

  14. The issue of euthanasia in Greece from a legal viewpoint.

    Science.gov (United States)

    Voultsos, Polichronis; Njau, Samuel N; Vlachou, Maria

    2010-04-01

    Modern Greek society appears to be split regarding the legalization of euthanasia. The Greek Orthodox Church maintains a negative attitude. Research shows that some forms of euthanasia are carried out "behind closed doors". There is no specific legal provision. The government avoids bearing the political cost of regulating this marginal issue. According to the dominant view of Criminal Law jurists, some forms of euthanasia are considered permissible de lege lata, under certain conditions. The safety of the concurrence of these conditions, safeguarding of the acceptability of forms that are considered permissible and - mostly - the need to regulate the prohibited forms in exceptional cases, all force the legislators to promptly fill any legal vacuums.

  15. TAX LEGAL RELATIONSHIP

    OpenAIRE

    Narcis Eduard MITU; Alia Gabriela DUŢĂ

    2012-01-01

    The legal relationship is a patrimonial or non-patrimonial social relationship regulated by a rule of law. Any legal relationship is a social relationship, but not any social relationship is a legal relationship. The law maker has the power to select, of the multitude of human relationships, those who gives importance in terms of legal perspective, encoding them through legal regulations.

  16. 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

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

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    2016-01-01

    The Article examines an array of important legal issues that arise out of the acceptance of the jurisdiction of the International Criminal Court by Ukraine, a non-State Party to the Rome Statute, within the framework of Article 12(3) with respect to the alleged crimes against humanity committed...

  18. 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'…

  19. 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,…

  20. 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…

  1. Collateral Damage from Criminalizing Aggression? Lawfare Through Aggression Accusations in the Nagorno Karabakh Conflict

    NARCIS (Netherlands)

    de Hoon, A.M.

    2012-01-01

    The regulation of war through the prohibition and criminalization of the act of aggression has provided a common legal language for denouncing an opponent for committing aggressive war that is used between warring sides and is understood globally. Nevertheless, due to the indeterminate nature of

  2. 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

    2012-12-01

    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 with 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 with 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. Copyright © 2011 Wiley Periodicals, Inc.

  3. 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 .

  4. Criminal Law Study Guide (Revision)

    National Research Council Canada - National Science Library

    1998-01-01

    .... Correct application of principles of military criminal law. This study guide is the is the primary text for students in the course and may be also useful to practicing judge advocates as a starting point for research...

  5. 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.

  6. 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....

  7. Acts against the freedom of the person in terms of criminal, constitutional and international instruments

    Directory of Open Access Journals (Sweden)

    Asllan Dogjani

    2016-11-01

    Full Text Available This paper was treated by two co – authors and is divided in two parts. First part was prepared by Av. Asllan Dogjani, which addresses the removal of freedom of person under the special provisions of the Criminal Code of the Republic of Albania. Second part of this work is handled by the lecturer Av. Arben V. Priftii, related to defence, restrictions and guarantees of freedom of the person in view of the Constitution and international acts and instruments. The paper aims the analysis and presentation of the offense against a person’s freedom, under special provisions of the Criminal Code, but also the treatment of freedom of person under the provisions of the Constitutional Law and international acts and instruments. The target group of criminal offenses is common; the legal relationship established in the sphere of security of a person’s freedom, specially defended by the Criminal Law of criminal acts or omissions is socially dangerous. We hope that this paper will serve readers and lawyers in the field of Criminal Law, in particular students of the Faculties of Law. On the other hand, we are open to understand any comments, suggestions and valuable qualitative opinion from all colleagues and professors of Criminal Law, friends and colleagues who will read this scientific work.

  8. (De- criminalization of attempted suicide in India: A review

    Directory of Open Access Journals (Sweden)

    Rajeev Ranjan

    2014-01-01

    Full Text Available Attempted suicide is a serious problem requiring mental health interventions, but it continues to be treated as a criminal offence under the section 309 of Indian Penal Code. The article reviews the international legal perspective across various regions of the world, discusses the unintended consequences of section 309 IPC and highlights the need for decriminalization of attempted suicide in India. The Mental Health Care Bill, 2013, still under consideration in the Rajya Sabha (upper house, has proposed that attempted suicide should not be criminally prosecuted. Decriminalization of suicidal attempt will serve to cut down the undue stigma and avoid punishment in the aftermath of incident, and lead to a more accurate collection of suicide-related statistics. From a policy perspective, it will further emphasize the urgent need to develop a framework to deliver mental health services to all those who attempt suicide.

  9. 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.

  10. 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.

  11. 'Insane criminals' and the 'criminally insane': criminal asylums in Norway, 1895-1940.

    Science.gov (United States)

    Dahl, Hilde

    2017-06-01

    This article looks into the establishment and development of two criminal asylums in Norway. Influenced by international psychiatry and a European reorientation of penal law, the country chose to institutionalize insane criminals and criminally insane in separate asylums. Norway's first criminal asylum was opened in 1895, and a second in 1923, both in Trondheim. Both asylums quickly filled up with patients who often stayed for many years, and some for their entire lives. The official aim of these asylums was to confine and treat dangerous and disruptive lunatics. Goffman postulates that total institutions typically fall short of their official aims. This study examines records of the patients who were admitted to the two Trondheim asylums, in order to see if the official aims were achieved.

  12. On Danish Legal Method

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

    On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method......On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method...

  13. 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.

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

    Science.gov (United States)

    Haas, Timothy C; Ferreira, Sam M

    2016-01-01

    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.

  15. Human Rights Violations among Men Who Have Sex with Men in Southern Africa: Comparisons between Legal Contexts

    Science.gov (United States)

    Zahn, Ryan; Grosso, Ashley; Scheibe, Andrew; Bekker, Linda-Gail; Ketende, Sosthenes; Dausab, Friedel; Iipinge, Scholastica; Beyrer, Chris; Trapance, Gift; Baral, Stefan

    2016-01-01

    In 1994, South Africa approved a constitution providing freedom from discrimination based on sexual orientation. Other Southern African countries, including Botswana, Malawi, and Namibia, criminalize same-sex behavior. Men who have sex with men (MSM) have been shown to experience high levels of stigma and discrimination, increasing their vulnerability to negative health and other outcomes. This paper examines the relationship between criminalization of same-sex behavior and experiences of human rights abuses by MSM. It compares the extent to which MSM in peri-urban Cape Town experience human rights abuses with that of MSM in Gaborone, Botswana; Blantyre and Lilongwe, Malawi; and Windhoek, Namibia. In 2008, 737 MSM participated in a cross-sectional study using a structured survey collecting data regarding demographics, human rights, HIV status, and risk behavior. Participants accrued in each site were compared using bivariate and multivariate logistic regression. Encouragingly, the results indicate MSM in Cape Town were more likely to disclose their sexual orientation to family or healthcare workers and less likely to be blackmailed or feel afraid in their communities than MSM in Botswana, Malawi, or Namibia. However, South African MSM were not statistically significantly less likely experience a human rights abuse than their peers in cities in other study countries, showing that while legal protections may reduce experiences of certain abuses, legislative changes alone are insufficient for protecting MSM. A comprehensive approach with interventions at multiple levels in multiple sectors is needed to create the legal and social change necessary to address attitudes, discrimination, and violence affecting MSM. PMID:26764467

  16. 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.

  17. Comparative analysis in the field of customs offenses and criminal regulations in certain states in relation to the legislation of the Republic of Moldova

    Directory of Open Access Journals (Sweden)

    Aurel Octavian Pasat

    2017-06-01

    Full Text Available The study tries to highlight the specificity of the criminal laws of foreign states in the area of customs criminalization. The author discusses the criminal regulations in the laws of some Western European, Central European, Asian states, as well as in the legislation of some ex-Soviet states. The analysis carried out aims at: investigating the incriminating framework in the field of criminal offenses in the criminal law of some foreign states; determining the similarities and differences between criminal laws under analysis; identifying the legal problems by comparing the incriminating framework registered in the Criminal Code of the Republic of Moldova with those included in the criminal laws analyzed; taking good practice. Different research methods were used in the study, including: analysis, synthesis, deduction, induction. However, the most used method was comparative considering the specifics of the subject under investigation. In order to intensify the fight against the phenomenon of crime in the customs sphere, some proposals have been advanced to improve the legal framework of incrimination. All this is a consequence of taking good practices from the comparative analysis of criminal regulations in the field of customs offenses.

  18. [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.

  19. China's criminal penalty for medical malpractice: too lenient or not?

    Science.gov (United States)

    Zhu, Sun; Li, Lei; Li, Yuanchao

    2011-05-01

    Although China had greatly improved its health and medical system, the contradiction between arduous medical tasks and insufficient health resources has not been fundamentally resolved. This contradiction raised a large number of legal issues in medical industry. Literatures about these issues are usually published in legal journal, and are not easy accessible to clinicians. We thus provide clinicians a brief introduction to the legal liability of medical malpractice, and describe the debate about the punishment setting of China's medical malpractice crime in detail. Considering the complexity and humanitarian nature of medical practice, legislators set a relative lenient punishment system for medical malpractice crime. But the "aggravating" supporter argued that, judging from criminal jurisprudence, only serious irresponsible medical personnel might face criminal penalty, so severe penalty was not conflict with the humanitarian nature of medical work. They also deemed that, too lenient penalties of this crime had broken the internal harmony of Criminal Law, and violated the basic principles of law. The opponents believed that: although the statutory penalty for medical malpractice crime seemed lenient, the declared sentence was more severe than surrounding areas. And, too severe penalties would not only aggravate the shortage of Chinese medical personnel, but also deteriorate the unbalanced physician-patient relationship. So, they did not agree enhancing the penalty of medical malpractice crime. We propose to add disqualification to the punishment setting of medical malpractice crime, reform the health system more thoroughly. We also hope Chinese governments could encourage medicolegal research. And, from the viewpoint of risk management in health care, we emphasize the role of Medical Professional Liability Insurance system as a powerful tool to prevent medical malpractice. Copyright © 2010 Elsevier Ireland Ltd. All rights reserved.

  20. Is pedophilia a sexual orientation?

    Science.gov (United States)

    Seto, Michael C

    2012-02-01

    In this article, I address the question of whether pedophilia in men can be construed as a male sexual orientation, and the implications for thinking of it in this way for scientific research, clinical practice, and public policy. I begin by defining pedophilia and sexual orientation, and then compare pedophilia (as a potential sexual orientation with regard to age) to sexual orientations with regard to gender (heterosexuality, bisexuality, and homosexuality), on the bases of age of onset, correlations with sexual and romantic behavior, and stability over time. I conclude with comments about the potential social and legal implications of conceptualizing pedophilia as a type of sexual orientation in males.

  1. The Relationship Between Underage Alcohol Possession and Future Criminal Behavior

    Directory of Open Access Journals (Sweden)

    Chris Barnum

    2012-01-01

    Full Text Available This study examines the relationship between underage alcohol possession and criminal behavior through a cohort, age, and period analysis. Utilizing the Age–Period Cohort Characteristic (APCC models method and national arrest data, while controlling for age and period effects, this study examined single-year age cohorts and determines that strict enforcement of PULA (Possession Under Legal Age laws decreases the likelihood of strongly correlated vandalism and assaults as young adults. The analysis indicates an increase in assaults and vandalism as cohort size increases, but little effect from single parent, resource deprivation.

  2. Conclusion of social research done by analyzing criminal mases

    OpenAIRE

    Michailovič, Ilona; Girdauskas, Mindaugas

    2016-01-01

    Straipsnyje analizuojama teisinė ir kriminologinė socialinio tyrimo išvados reikšmė bei galimos kliūtys ja naudotis Lietuvoje nagrinėjant baudžiamąsias bylas. The article contains legal and criminological research of significance of probation report in hearing criminal cases, and obstacles of using it. It is found that especially rare use of probation report is incompatible with the importance of such report according to the constitutional principles of justice, rule of law, and provisions...

  3. 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.

  4. 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.

  5. 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.

  6. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

    This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential.......This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential....

  7. Positive Legal Responsibility in the Family Law

    Directory of Open Access Journals (Sweden)

    Pavel A. Matveev

    2014-03-01

    Full Text Available In the present article author bases on the analysis of doctrinal and normative sources attempt to substantiate the existence of positive legal responsibility. Author defines the specificity of positive familial liability in the mechanism of self- identity of lawful behavior. Considering the nature of family legal liability, author proves independence of family-legal responsibility; it differs from civil, criminal and administrative responsibility. Author gives own definition of family-legal responsibility, gives characteristic features of this type of liability and justifies own view of the concept of responsibility in the modern family. Author substantiates view that family liability is expressed in multiple sanctions fixable current family law. Author notes that measures of family - legal responsibility are: annulment of the marriage, deprivation and restriction of parental rights, abolition of adoption, custody, guardianship, termination of child in a foster family placement, deprivation of the right to communicate with the child, taking away a child, termination or limitation of the obligation to subject the material contents of family relationship to other entities. Justifying own views, author relies on the opinions of scholars, experts, as well as a number of other competent persons.

  8. 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.

  9. The European Union and National Criminal Law

    DEFF Research Database (Denmark)

    Greve, Vagn

    1995-01-01

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

  10. International Criminal Procedure: Principles and Rules

    NARCIS (Netherlands)

    Sluiter, G.; Friman, H.; Linton, S; Vasiliev, S.V.; Zappalà, S.

    2013-01-01

    Identifies and crystallizes the rules and principles of international criminal procedure, based on painstaking analysis of existing case law and practice Provides a comprehensive overview of the procedural law of international criminal tribunals from Nuremberg to the recently established Cambodian

  11. 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…

  12. 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

  13. 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.

  14. Profiles of criminal justice system involvement of mentally ill homeless adults.

    Science.gov (United States)

    Roy, Laurence; Crocker, Anne G; Nicholls, Tonia L; Latimer, Eric; Gozdzik, Agnes; O'Campo, Patricia; Rae, Jennifer

    2016-01-01

    This study aims to examine the rates of self-reported contacts with the criminal justice system among homeless adults with mental illness, to identify the characteristics of participants who have had contacts with the criminal justice system, to report the dimensional structure of criminal justice system involvement in this sample, and to identify typologies of justice-involved participants. Self-report data on criminal justice system involvement of 2221 adults participating in a Canadian Housing First trial were analyzed using multiple correspondence and cluster analysis. Almost half of the participants had at least one contact with the criminal justice system in the 6months prior to study enrollment. Factors associated with justice involvement included age, gender, ethnic background, diagnosis, substance misuse, impulse control, compliance, victimization, service use, and duration of homelessness. A typology of criminal justice involvement was developed. Seven criminal justice system involvement profiles emerged; substance use and impulse control distinguished the clusters, whereas demographic and contextual variables did not. The large number of profiles indicates the need for a diverse and flexible range of interventions that could be integrated within or in addition to current support of housing services, including integrated substance use and mental health interventions, risk management strategies, and trauma-oriented services. Copyright © 2016 Elsevier Ltd. All rights reserved.

  15. Evidence in criminal procedure

    Directory of Open Access Journals (Sweden)

    Paolo Ferrua

    2018-03-01

    Full Text Available This paper analyzes the three components of the evidence operation: proof premises or evidence in the strict sense, with particular regard to the distinction between evidence declaration and critical/circumstantial evidence; the propositions to be proved, principal or incidental, final or intermediate; the act of proving, connoted by the rule of beyond all reasonable doubt. While the first two terms vary according to the procedural context, the third remains indefectible, since it is incongruous to consider any proposition to be 'proven' while there is a reasonable reason to doubt it. With regard to the distribution of the burden of proof, the structure of the case and its legal qualification, whether substantial or procedural, are decisive. Therefore, it is possible to identify, for each decision alternative, the term 'marked', which conveys the proposition to be proved, and the opposite 'consequential' term, which derives from the failure to reach the proof: for example, with respect to the main object in trial, the term 'marked' is the conviction, the term 'consequential' the acquittal.

  16. The International Letters Rogatory between Criminal Justice Requirements and the Imperatives of Regional Sovereignty

    Directory of Open Access Journals (Sweden)

    Yasmina Ladjal

    2016-06-01

    Full Text Available The International letters rogatory in criminal matters, the most important forms of international judicial cooperation, which aims to effective legal protection in response to the requirements of criminal justice, and that access to the completing all the various investigative procedures, even if they are beyond the scope of the regional authority, This Job Role faced difficulties in implementation, because of the sovereignty of the state, but the international agreements has been able overcome through the expansion of the subject of representation and also methods of implementation.

  17. Subcommittee fails to recommend legal reforms needed to promote human rights of sex workers.

    Science.gov (United States)

    Mar, Leon; Betteridge, Glenn

    2007-05-01

    In December 2006, the House of Commons Subcommittee on Solicitation Laws released its longawaited report on the criminal laws related to prostitution in Canada, entitled The Challenge of Change: A Study of Canada's Criminal Prostitution Laws. The Subcommittee's report fails to call for amendments to the Criminal Code provisions which have been demonstrated to increase the health and safety threats faced by sex workers. The Canadian HIV/AIDS Legal Network and two sex worker organizations, Stella and Maggie's, jointly published an analysis of the report.

  18. 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

  19. 32 CFR 1801.52 - Criminal penalties.

    Science.gov (United States)

    2010-07-01

    ... RIGHTS UNDER THE PRIVACY ACT OF 1974 Prohibitions § 1801.52 Criminal penalties. (a) Unauthorized disclosure. Criminal penalties may be imposed against any officer or employee of NACIC who, by virtue of... 32 National Defense 6 2010-07-01 2010-07-01 false Criminal penalties. 1801.52 Section 1801.52...

  20. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

    This paper discusses how legal moralism should be defined. It is argued that legal moralism should be defined as the position that “For any X, it is always a pro tanto reason for justifiably imposing legal regulation on X that X is morally wrong (where “morally wrong” is not conceptually equivalent...... to “harmful”)”. Furthermore, a distinction between six types of legal moralism is made. The six types are grouped according to whether they are concerned with the enforcement of positive or critical morality, and whether they are concerned with criminalising, legally restricting, or refraining from legally...... protecting morally wrong behaviour. This is interesting because not all types of legal moralism are equally vulnerable to the different critiques of legal moralism that have been put forth. Indeed, I show that some interesting types of legal moralism have not been criticised at all....

  1. 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. 

  2. 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.

  3. The ‘Equality Of Arms’ In Macedonian Criminal Procedure

    Directory of Open Access Journals (Sweden)

    Kosevaliska Olga

    2015-12-01

    Full Text Available The right to a fair trial is implemented in our criminal procedure and is one of the core values of our criminal justice system. This right is absolute and can’t be limited on any legal base. Its essence is fair and public hearing by an independent and impartial court with guaranteeing of all the minimum rights of the defendant. One of those minimum rights is the right of equity of arms between the parties, the prosecutor and the defense. In our Law on Criminal Procedure, it is provided that the defense has the same rights and duties as the prosecutor except those rights that belong to the prosecutor as a state authority. Therefore, the purpose of this article is elaborating the right of ‘equity of arms’ and its misunderstanding in practice. Hence, we intend to show some case studies in which some evidence are not considered by the court just because they are not proposed by the prosecutor and they are crucial for the verdict.

  4. Reasonable risk as a problem of legal psychology

    Directory of Open Access Journals (Sweden)

    Sitkovsky O. D.

    2017-04-01

    Full Text Available The article is devoted to the reasonable risk (article 41 of the Penal code of Russian Federation, as an important issue requiring the attention of specialists working in the field of legal psychology. Presented the psychological characteristics of the concept of «reasonable risk», describes the mechanisms of decision making in situations of risk and classifications of situations of risky behavior by the nature of activity and character that are significant to criminal law. Understand options for risk situations, which can take place of the circumstances excluding criminality of act. Deals the capabilities and competencies of psychological assessment, tasks, questions for expert-psychologist, as well as the opportunities, especially use of the court expert to address the issue of criminal responsibility. The conclusion is made about necessity of further development of the methodological basis of the application of forensic psychological examination of the reasonableness of risk.

  5. Professionalism Among Criminal Justice Educators.

    Science.gov (United States)

    Regoli, Robert M.; Miracle, Andrew W., Jr.

    Professionalism and its relationship to scholarly productivity was studied. Specific areas of analysis were the degree of professionalism of criminal justice educators, rankings of a series of selected publications, and the relationship between professionalism level and journal productivity. Data were derived from responses by 1,028 of 1,274…

  6. Cultural Cleavage and Criminal Justice.

    Science.gov (United States)

    Scheingold, Stuart A.

    1978-01-01

    Reviews major theories of criminal justice, proposes an alternative analytic framework which focuses on cultural factors, applies this framework to several cases, and discusses implications of a cultural perspective for rule of law values. Journal available from Office of Publication, Department of Political Science, University of Florida,…

  7. Sexual consent: the criminal law in Europe and overseas.

    Science.gov (United States)

    Graupner, H

    2000-10-01

    What role can the criminal law play in the battle against child sexual abuse? Should sexual relations of and with, persons under a certain age be criminalized regardless of the circumstances, even if they are consensual ("age of consent," "minimum age")? Where should such a minimum age-limit be fixed? Should there be a special, higher age-limit for particular conditions (e.g., "seduction," "corruption")? Should sexual contacts with minors within a relationship of authority be criminalized generally, or just if authority is abused? Should criminal proceedings be instituted ex officio or upon complaint only? Should authorities be provided with a power of discretion or should they be obliged to prosecute and sentence in each case? In answering these questions, it is highly beneficial to have a look across the borders to the solutions other countries have reached. This study presents an overview on the criminal law governing the sexual behavior of, and with, children and adolescents in all European jurisdictions and in selected jurisdictions outside of Europe. It shows which categories of offences exist and from which age onward young people can effectively consent to various kinds of sexual behavior and relations in the different countries. All states in Europe and all of the studied jurisdictions overseas have minimum age limits for sexual relations, and punish sexual relations with persons under a certain age. Nowhere is this age set lower than 12 years. In Europe, in one-half of the jurisdictions, consensual sexual relations with 14-year-old adolescents are legal; in three-quarters, with 15-year olds; in a majority, this is also the case when the older partner has started the relation (and also when the initiative contains an offer of remuneration). In nearly all jurisdictions, such relations are legal from age 16 onward. Most states apply a higher age limit for contacts in relationships of authority. If the authority is not misused, the age limit in most

  8. Mediation in Legal English Teaching

    Directory of Open Access Journals (Sweden)

    Chovancová Barbora

    2016-06-01

    Full Text Available Mediation is a language activity that has been unjustly neglected when preparing law students for their future professional careers. When trained in a professional context, students need to develop and improve complex communicative skills. These include not only the traditional language skills such as reading, writing, listening and speaking, but also more advanced skills such as summarizing, providing definitions, changing registers etc. All these are involved in the students’ acquisition of ‘soft skills’ that are particularly important for students of law since much of their future work involves interpersonal lawyer-client interaction. This article argues that mediation is a crucial (though previously underestimated skill and that law-oriented ESP instruction should provide training aimed at developing this skill. Showing a practical application of this approach, the paper demonstrates that mediation can be successfully integrated in the legal English syllabus and make the learning of legal English more effective.

  9. 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

  10. [Criminal code and assisted human reproduction].

    Science.gov (United States)

    Cortés Bechiarelli, Emilio

    2009-01-01

    The Spanish Criminal Code punishes in the article 161 the crime of assisted reproduction of the woman without her assent as a form of crime relative to the genetic manipulation. The crime protects a specific area of the freedom of decision of the woman, which is the one that she has dealing with the right to the procreation at the moment of being fertilized. The sentence would include the damages to the health provoked by the birth or the abortion. The crime is a common one--everyone can commit it--and it is not required a result of pregnancy, but it is consumed by the mere intervention on the body of the woman, and its interpretation is contained on the Law 14/2006, of may 26, on technologies of human assisted reproduction. The aim of the work is to propose to consider valid the assent given by the sixteen-year-old women (and older) in coherence with the Project of Law about sexual and reproductive health and voluntary interruption of the pregnancy that is studied at this moment, in Spain, in order to harmonize the legal systems.

  11. On the confrontation of the defendant in criminal proceedings

    Directory of Open Access Journals (Sweden)

    Mirkov Željko

    2017-01-01

    Full Text Available Confrontation is a procedural action involving a direct discussion between two persons with an aim to eliminate the differences in their testimonies regarding the facts which are essential for adjudication of the criminal matter. It is an institute of criminal procedure law, which implies the central role of its legal component. However, in addition to the legal aspect, it is indisputable that confrontation contains criminalistic and psychological aspects as well. These three aspects have determined the structure of this paper. In the first part of the paper, the author explores the normative aspects of this procedural action, discusses the conditions under which confrontation may be ordered and elaborates on the application technique. The second part of the paper focuses on the rules in criminalistics related to the implementation of this procedural action, as well as to the psychological bases of confrontation. Further elaboration on the three aforementioned aspects is necessary for a complete understanding of this complex procedural action, which can be a useful method for determining the authenticity of a testimony.

  12. 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.

  13. 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".

  14. 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.

  15. 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.

  16. Legal rights and duties in the AIDS epidemic.

    Science.gov (United States)

    Dickens, B M

    1988-02-05

    This article provides an overview of some major areas of legal concern in which the AIDS epidemic is having an impact. The rights of infected individuals to testing, treatment, and confidentiality are reviewed, and emphasis is given to their claims to nondiscrimination regarding access to health care, employment, housing, education, insurance, and related interests. Infected persons' duties to contain transmission of AIDS are outlined under principles of criminal and civil law, including liability for provision of contaminated blood products. Uninfected people's general rights to protection are considered, and health professionals' and authorities' rights and duties are given more detailed attention. In conclusion, some legal developments outside the United States are reviewed.

  17. Consent and medical treatment: The legal paradigm in India

    Directory of Open Access Journals (Sweden)

    Omprakash V Nandimath

    2009-01-01

    Full Text Available The element of consent is one of the critical issues in medical treatment. The patient has a legal right to autonomy and self determination enshrined within Article 21 of the Indian Constitution. He can refuse treatment except in an emergency situation where the doctor need not get consent for treatment. The consent obtained should be legally valid. A doctor who treats without valid consent will be liable under the tort and criminal laws. The law presumes the doctor to be in a dominating position, hence the consent should be obtained after providing all the necessary information.

  18. Consent and medical treatment: The legal paradigm in India.

    Science.gov (United States)

    Nandimath, Omprakash V

    2009-07-01

    The element of consent is one of the critical issues in medical treatment. The patient has a legal right to autonomy and self determination enshrined within Article 21 of the Indian Constitution. He can refuse treatment except in an emergency situation where the doctor need not get consent for treatment. The consent obtained should be legally valid. A doctor who treats without valid consent will be liable under the tort and criminal laws. The law presumes the doctor to be in a dominating position, hence the consent should be obtained after providing all the necessary information.

  19. Rape: Past and present legal regulation

    Directory of Open Access Journals (Sweden)

    Đapović Lasta S.

    2002-01-01

    Full Text Available Rape was identified as a criminal act in the earliest known legal writings, Hamurabi's legal code (cir. 2000 BC. In the Balkans, in the Middle Ages, rape was always punished in one way or another, in the statutes of the Adriatic maritime towns, which were under the rule of the Nemanjić state or the West. All categories of women, even prostitutes and slaves, were protected by law from sexual violence in many statutes. Also in Dušan's legal code the regulation is found, severely punishing rapists. Laws following the Second Serbian Uprising, also provide severe punishment for sexual violence, especially towards women but also male minors. Legal and court practice, following the Second World War, indicate that the protection of women from sexual violence is completely inadequate and this at a time when women had achieved equal rights with men in many spheres of life. World events at the end of the 20th century: collapse of the Soviet Union: as well as the happenings in this region,: war, ethnic and religious conflicts resulted in massive rape of women, opening of brothels, trading women and family violence. Non state organizations, mainly women in expert associations, invest great effort to rectify this very unsatisfactory situation. They exert pressure for change in the law and in court practice, by which women would have more effective defense against sexual violence, as well as organized assistance for women victims of traffic, and warning of the possible danger.

  20. On terrorism and legal response in Albania

    Directory of Open Access Journals (Sweden)

    Engjëll Likmeta

    2015-07-01

    Full Text Available Legal Albanian doctrine encompasses different meanings in relation to terrorism. This paper aims to give a general overview on various definitions of terrorism, as one of the main threatening phenomenon of our society. The paper also treats the origin of the word ‘terrorism’, back to the French Revolution of 1789 as the label used by the establishment to describe the conduct of revolutionaries. In this paper will be treated the main factors that have affected over the creation and development of terrorism, the content, format and main characteristics of terrorism, the main forms of occurrence of terrorist acts and Albanian legal mechanisms in the fight against terrorism, including the International agreements of which Albania is part of. Special attention will be paid to the moment when terrorist activities started in Albania and which are the most common forms of terror in Albania. The study of terrorism is multi-disciplinary, spanning a number of fields including political science, psychology, criminology, sociologist, history and many others. There are not few criminal norms provided in the Albanian Criminal Code that condemn terrorism. The Albanian Criminal Code expresses in separated articles the punishment of everyone who finances terrorism, hides funds and other assets that finance terrorism, even collects funds for terrorism financing, recruits persons for committing acts of terrorism or for terrorist financing, trains for committing terrorism acts, or makes public calls with terrorist purposes. A key challenge of understanding terrorism is both acknowledging the moral outrage at terrorist acts, while at the same time trying to understand the rationale behind terrorism.

  1. Dementia and Legal Competency

    OpenAIRE

    Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-01-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...

  2. Terrorist Criminal Pipelines and Criminalized States: Emerging Alliances

    Science.gov (United States)

    2011-06-01

    the state in fact has a virtual monopoly on power and the use of force, but turns the state into a functioning criminal enterprise for the benefit...is clear is that Iran has greatly increased its diplomatic, economic, and intel- ligence presence in Latin America, an area where it has virtually ...Guerras Asimétricas y de Cuarta Generación Dentro Del Penasmiento Venezolano en Materia de Seguridad y Defensa [Asymmetrical and Fourth Generation Warfare

  3. Marijuana-Perinatal and Legal Issues With Use During Pregnancy.

    Science.gov (United States)

    Krening, Cynthia; Hanson, Keri

    Although still illegal at the federal level, marijuana has been legalized for medical and/or recreational use in 29 states, causing a dynamically changing legal and social landscape. While the legalization of marijuana at the state level provides criminal protection for use by adults, there remain civil legal implications for families brought about by mandated reporting laws. Mandated reporting requirements have not been updated to account for the movement toward legalization, risking overload of community child protection resources. There is little evidence to inform development of guidelines and protocols for screening, educating, testing of mothers and newborns, and reporting. There are perinatal issues in this evolving environment as well. Discriminatory testing, length of time the drug remains in the system, potential for compromised provider-patient relationships, inconsistent education and referrals, breastfeeding during marijuana use, punitive or legal interventions that may have a negative psychosocial impact on a new family, and the risk for development of community standards of care based on opinion rather than science are just a few of the issues realized after marijuana legalization. These legal and perinatal issues are discussed in detail, along with considerations for practice and policy in caring for cannabis-exposed pregnant women and newborns.

  4. Legal and Administrative Language

    Science.gov (United States)

    Schwarz, Hans

    1977-01-01

    A discussion of legal and administrative language, and the necessity for accurate translation of this language in the field of international relations. Topics treated are: characteristic features of legal and administrative terminology; the interpretation of it; and the technique of translating legal and administrative texts. (AMH)

  5. 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.

  6. The Specific Direction Requirement for Aiding and Abetting: A Call for Revisiting Comparative Criminal Law

    DEFF Research Database (Denmark)

    Aksenova, Marina

    2015-01-01

    The ‘specific direction’ saga has been dominating the jurisprudence of the ICTY for nearly two years, and the end is yet to be seen. The story centers on the correct interpretation of liability for aiding and abetting, while, at the same time, exposing broader concerns of international criminal law...... a substantial effect on the crimes committed in the context of war - was insufficient to create individual criminal responsibility in these cases. The response to this new and heightened interpretation of aiding and abetting followed quickly, as the Šainović et al. appeal judgment rejected the novel requirement...... criminal law is essential to resolving the legal conundrum that this standard causes....

  7. 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.

  8. European Agencies for Criminal Justice and Shared Enforcement (Eurojust and the European Public Prosecutor’s Office)

    NARCIS (Netherlands)

    Luchtman, Michiel; Vervaele, John

    2014-01-01

    European agencies are playing an increasing role in the criminal judicial area. When it comes to the applicable law for their investigative acts, the picture is not that European, but rather a vague mix of some European and mostly national law. This results not only in great legal uncertainty as to

  9. 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.

  10. 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.

  11. Criminality and Asbestos in Industry.

    Science.gov (United States)

    Castleman, Barry

    2017-02-01

    Criminal prosecutions of individuals in the asbestos industry are reviewed, particularly the case of asbestos owner-executive Stephan Schmidheiny. Italian courts sentenced Schmidheiny to sixteen to eighteen years in jail for creating an environmental disaster causing three thousand deaths. The convictions were overturned on a technicality, and a murder case against Schmidheiny has started. His firm, Eternit, made asbestos-cement building products in many countries. Schmidheiny directed a cover-up that the Italian Court of Appeal blamed for delaying the ban of asbestos in Italy by ten years. Today, the asbestos industry is a criminal industry, profiting only by minimizing its costs for the prevention and compensation of occupational and environmental illness. The asbestos industry should only be consulted by governments for the purpose of closing it and dealing with the legacy of in-place asbestos.

  12. Emotional intelligence and criminal behavior.

    Science.gov (United States)

    Megreya, Ahmed M

    2015-01-01

    A large body of research links criminality to cognitive intelligence and personality traits. This study examined the link between emotional intelligence (EI) and criminal behavior. One hundred Egyptian adult male offenders who have been sentenced for theft, drug dealing or murder and 100 nonoffenders were administered the Bar-On Emotional Quotient Inventory (EQ-i). The offenders had lower levels of EI than the nonoffenders. In addition, EI varied as a function of the types of offenses. Namely, it decreased in magnitude with crime severity (lowest for murder, higher for drug dealing, and highest for theft). These results converged with the direct/ indirect aggression theory suggesting that indirect aggression requires more social intelligence than physical aggression. Forensic intervention programs should therefore include EI training, especially when violence is involved. © 2014 American Academy of Forensic Sciences.

  13. TUBERCULOSIS: MEDICO-LEGAL ASPECTS

    Directory of Open Access Journals (Sweden)

    Giuseppe Vetrugno

    2014-04-01

    Full Text Available Tuberculosis is a diffusive infectious disease whose typical behavior differentiates it from other infectious diseases spread by human-to-human transmission (flu, chicken pox, cholera, etc. which follow a classically epidemic pattern. Indeed, in the presence of a known source of Koch bacilli capable of spreading them by air, not all exposed individuals inhale the bacteria, not all those who inhale them absorb them, not all those who absorb them are unable to eliminate them, not all who are able to eliminate them do so using delayed hypersensitivity, not all those who react with delayed hypersensitivity suffer lasting tissue damage (among other things, minor, not all who suffer tissue damage have anatomical sequelae, not all those who have anatomical sequelae, however minimal, become carriers of bacilli in the latent period. The vast majority (90-95% of the latter – which are in any case a portion, not the totality of those exposed – remain asymptomatic throughout their lives and never develop active tuberculosis. Based on these biological characteristics and the legal concepts of “epidemic” and “disease,” it becomes highly problematic, if not impossible, to assert both that tuberculosis can cause events of sufficient magnitude to be associated with the crime of “epidemic,” and that the mere diagnosis of a latent tuberculosis infection is sufficient to assume the presence of an illness legally prosecutable in criminal proceedings or a disability prosecutable in civil proceedings. Further, clinically apparent tuberculosis is a temporarily—in some cases permanently—disabling condition, and in certain work environments, even with the difficulties caused by the lack of available effective diagnostic tools and the insidious behavior of the disease in the early stages, it appears appropriate to engage in targeted monitoring, also for the early identification of persons who may become ill.

  14. 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.

  15. 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.

  16. Reports call for end to harms caused by Criminal Code prohibitions surrounding prostitution.

    Science.gov (United States)

    Betteridge, Glenn

    2004-08-01

    The sale of sexual services between consenting adults is legal under Canadian law, yet the Criminal Code prohibits many activities related to prostitution and the sex trade. As a result, many people who work in the sex trade come into conflict with the law. In recent reports, two Canadian organizations have called for the repeal of the current Criminal Code prohibitions on activities related to the sex trade. Pivot Legal Society's report, "Voices for Dignity: A Call to End the Harms Caused by Canada's Sex Trade Laws," was released in March 2004. The Conseil permanent de la jeunesse, a 15-member advisory panel to the Québec government, released "Prostitution de rue: avis" in April 2004.

  17. 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.

  18. Consequences of Criminals in Economy

    Directory of Open Access Journals (Sweden)

    Shaban Sulejmani

    2018-03-01

    Full Text Available The criminal in all its forms is not an occurrence which is connected to a particular country, territory, religion or civilization; however the truth witnessed by events in every moment is that the occurrence of criminal activities does not have a nation, confession, religious beliefs or identity. They are initiated by the hands of the individual who plans it, especially emphasizing the ones who finance it and input ‘rented’ elements with the initial intention to destroy, damage and ruin the economy and kill and shed blood as well, followed by the intention to deceit people through focusing on specific religious beliefs sometimes, as well as human rights some other time. Thus, every problem can be observed through collecting a number of important elements which are presented below: - Manifestation of the topic of the problem, which involves the type of activity around which the problem is developing, in order to stop its progress and development and finally, to end the efforts which are being spent for it; - Manifestation of the size of the problem, which involves highlighting the fields affected by the problem, starting from the economic, social, political and other dangers that it involves; - Manifestation of the direct consequence of criminal activities problem, observing it from an objective point of view.

  19. 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.

  20. 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.

  1. European gender equality under and after State Socialism: legal treatment of prostitution in the Czech Republic

    OpenAIRE

    2010-01-01

    The thesis looks at the legal responses to prostitution in Czechoslovakia and the Czech Republic under State Socialism and in Transition, and the understanding of gender equality therein. It argues that both, the legal regimes and the understandings of prostitution, varied between these periods. Under State Socialism, professional prostitutes were criminally liable under provisions on parasitism. In Transition, the ‘boom’ of prostitution after 1989 lead to the adoption of containment provi...

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

    DEFF Research Database (Denmark)

    Gottlieb, Peter; Gabrielsen, Gorm; Kørner, Ejnar Alex

    2013-01-01

    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...... 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....

  3. Psychopathy: Legal and neuroscientific aspects

    Directory of Open Access Journals (Sweden)

    Joaquin Ortega-Escobar

    2017-01-01

    Full Text Available Psychopathy is characterised by emotional disturbances that affect interpersonal behaviour and decision-making. The objective of this paper is to review the most recent contributions to the field of neuroscience of psychopathy and the implications that this disorder has on the criminal legal field. In regards to this last aspect, we evaluate the issue of psychopaths’ accountability and the incidence of psychopathy in many other penal institutions. In terms of the contributions of neuroscience, we will focus on the orbitofrontal (ofPFC and ventromedial (vmPFC regions of the frontal lobes and on the amygdala. Data spanning from the nineteenth century to the present indicate that damage to the ofPFC and vmPFC is the basis of behaviours that have been referred to as pseudopsychopathic. The earlier during brain development the damage occurs, the more likely these behaviours will resemble those of psychopaths. The damage to the amygdala is rather related to impairments in the ability to distinguish facial expressions of fear and the capacity to feel emotions. Damage to ofPFC, vmPFC, and amygdala are highly relevant to the expression of pseudopsychopathic behaviours.

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

    Directory of Open Access Journals (Sweden)

    Julio César Montáñez-Ruiz

    2010-06-01

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

  5. LEGAL AID AS SEEN IN THE LIGHT OF THE LAW NO. 270/2010 REGARDING THE AMENDMENT AND THE COMPLETION OF THE LAW NO. 51/1995 FOR THE ORGANIZATION AND THE PRACTICE OF THE LAWYER’S PROFESSION

    Directory of Open Access Journals (Sweden)

    STEFAN NAUBAUER

    2011-04-01

    Full Text Available According to the explanatory memorandum of the Government as well as to the favorable opinion of the Legislative Council, the Law no. 270/2010 relate mainly to the correlation the OUG no. 51/2008 on legal aid in civil matters, by covering in detail the circumstances and the conditions for granting legal aid as well as the organization of the activity of granting such assistance. From the perspective of European law, the Legislative Council appreciated that the new law is placed within the sphere of the legislation as regulated at the European Union level, that are circumscribed to the European Area of freedom, security and justice, within the European legislation reserved to the judicial cooperation in civil matters.In this material we will analyze the following issues: granting legal aid in criminal matters, in which defense is mandatory according to the dispositions in the Criminal Procedural Code; granting legal aid in any other causes except criminal ones, as modality to grant public legal aid, according to the law; legal aid throughout a lawyer, granted at the request of the organs of the local public administration; appointing the lawyer for legal aid; extra-judiciary legal aid; competences of the bars regarding legal aid; the department for the coordination of legal aid; services of legal aid; legal aid registry; payment for the activity of legal aid and extra-judiciary legal aid.

  6. Dementia and legal competency.

    Science.gov (United States)

    Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-06-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task

  7. Association and Centrality in Criminal Networks

    DEFF Research Database (Denmark)

    Petersen, Rasmus Rosenqvist

    Network-based techniques are widely used in criminal investigations because patterns of association are actionable and understandable. Existing network models with nodes as first class entities and their related measures (e.g., social networks and centrality measures) are unable to capture and an...... three of these associations and extend and test two centrality measures using CrimeFighter Investigator, a novel tool for criminal network investigation. Our findings show that the extended centrality measures offer new insights into criminal networks....

  8. RELATION OF THE PRINCIPLE OF MUTUAL RECOGNITION / TRUST AND VERIFICATION OF DOUBLE CRIMINALITY

    Directory of Open Access Journals (Sweden)

    Ivan Turudić

    2015-01-01

    Full Text Available The paper elaborates the problems of the relation between the principle of mutual recognition and trust and the verification of double criminality, which attract great attention of experts in the field of international judicial cooperation with a focus on criminal matters. In the introductory part of the paper, the structure of the legal foundations of the European Union is shown, then the principle of mutual trust as a structural principle of the constitutional rights of the EU, its origin and context in the light of the decisions of the European Court of Human Rights. The central part of the paper inquires into the problems of the principle of double criminality in regard to the various forms of double criminality with no uniform application of its term in judicial cooperation and thus collides with the principle of mutual trust in way that leads to problems in the international judicial cooperation. Afterwards, the paper outlines the relation of the Republic of Croatia towards the principle of mutual trust with regard to the decision of the Constitutional Court and the Supreme Court and concludes with the final analysis of importance of the principle of mutual recognition in transnational judicial cooperation in criminal matters.

  9. 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

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. Guarantee of Criminal Policy as Limited to Criminal Decisionism

    Directory of Open Access Journals (Sweden)

    María Belén Bonilla Albán

    2016-06-01

    Full Text Available The essay explains how the inclusion of the security of public policy in the 2008 Constitution of Ecuador as part of the constitutional state of law and justice or “guarantor state” can become a substantial limit for criminal decisionism, which is usually behind the penal policy in Latin America. Thus, the function of this collateral is to eliminate the huge space of discretion in the management of the most sensitive policy of modern state penal policy. However, the guarantee of public policy is not clear in determining the limits of punitive power; therefore, this paper seeks to explore some of the international human rights.

  15. Guarantee of Criminal Policy as Limited to Criminal Decisionism

    OpenAIRE

    María Belén Bonilla Albán

    2016-01-01

    The essay explains how the inclusion of the security of public policy in the 2008 Constitution of Ecuador as part of the constitutional state of law and justice or “guarantor state” can become a substantial limit for criminal decisionism, which is usually behind the penal policy in Latin America. Thus, the function of this collateral is to eliminate the huge space of discretion in the management of the most sensitive policy of modern state penal policy. However, the guarantee of public policy...

  16. 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

  17. A coast-guard officer’s perspective: reinforcing migration through legal channels

    Directory of Open Access Journals (Sweden)

    Konstantinos Karagatsos

    2016-01-01

    Full Text Available Given that we cannot always rescue refugees or economic migrants in danger at the EU’s maritime borders, efforts are needed to reinforce legal channels for migration to Europe and to prevent refugees and migrants being exploited by organised criminal networks.

  18. Between Illegality and Legality: (In)security, crime and gangs in ...

    African Journals Online (AJOL)

    This article analyses the informal security market in the Nairobi slums of Kibera and Mathare. It assesses how gangs manoeuvre between legality and illegality in the provision of security. This article argues that there is a need to move away from a traditional interpretation of crime and criminal groups so as to understand the ...

  19. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...... and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law...

  20. Ecological protection of agriculture through Serbia's legal regulations and judicial practice

    Directory of Open Access Journals (Sweden)

    Petrović Zdravko

    2015-01-01

    Full Text Available Within the codification of Criminal law of Republic of Serbia, which was conducted in 2005, legal protection of agriculture was introduced into ecological delicti which were then emphasised by having them unified in the sole Head of the Criminal code as well as by partially aggravating penal policy. Certain criminal offences, which prior to the codification were a part of a different field of legal protection, are now listed in the ecological delicti catalogue, and that positions them, according to the number of listed deliciti, on a very high place in comparison to the other groups of criminal offences. Within the ecological delicti, there is a total of 18 (eighteen offences, which are divided into 4 (four groups depending on the object of legal protection. In this paper, besides the introductory conceptual defining the object of research, we described the normative arrangement of all the ecological delicti, within the agricultural protection, by researching their essential elements which include the capital and the qualified form of execution, perpetrators features, type of responsibility and penalty. Empirical research covers the four year period, more precisely the years 2009-2012, according to the parameters related to the number of adult persons accused for criminal offenses against the environment which are endangering agriculture, or the number of accused and convicted persons, shown globally and individually according to the structure criminal offenses. Furthermore the research includes the penal policy which refers to the already stated penalties, that is- jail sentences and their duration, and that also is depicted individually and globaly according to the criminal offences structure.

  1. ‘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.

  2. Reducing the age of criminal

    Directory of Open Access Journals (Sweden)

    Fabiana Gonçalves

    2000-01-01

    Full Text Available Article 228 of the Constitution provides that children under 18 can not be treated as criminals. In 1993 he was presented a draft Constitutional Amendment (PEC to allow the penalty to 16 years. Increasing violence among teenagers and the controversy over whether the topic should be of constitutional fact has led to the presentation of seven PEC's, ongoing in the House and Senate. Among the population and the media the issue gained momentum especially after the rebellions in Febem in 1999.

  3. An order of crime the criminal law of the Independent State of Croatia (NDH 1941-1945

    Directory of Open Access Journals (Sweden)

    Vuković Igor

    2017-01-01

    Full Text Available The system of criminal law norms passed in the so-called Independent State of Croatia (NDH from its inception in 1941 was aimed at creating and maintaining an atmosphere of terror implemented by the Ustasha government. Although the framework of substantive and procedural rules of the Kingdom of Yugoslavia was formally retained, immediately after the establishment of the NDH regulations introducing many new crimes punishable by death were enacted. Defining the “honour and vital interests of the Croatian people” as an appropriate object of criminal law protection enabled the creation of a regime of legalized repression against non-Croat populations, with an extensive jurisdiction of martial criminal justice. In addition to abuse of the court martial mechanism, the criminal character of government was also manifested in the wide application of administrative and punitive measures of sending to concentration camps as well as collective punishment. In line with Radbruch’s thought, the author denies the legal character of the system of criminal law formally established in the territory of the NDH in the circumstances of genocide.

  4. 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...

  5. Dogmatic Analysis of The Constitucional Criminalizing Commandments and of the Constitutional Criminal Principles

    Directory of Open Access Journals (Sweden)

    Alberto Jorge Correia de Barros Lima

    2016-10-01

    Full Text Available The Brazilian Federal Constitution throws inflows directed to all of the fields of the Law, including the Criminal Law, which must comply the constitutional rules, that conditions the legislator’s and the judge’s work, since the public force holds the power-duty to punish the transgressors of the law. The Constitutional Criminal Law, therefore, provides content levies both to the making and to the enforcement of the Criminal Laws, through the implicit or explicit constitutional principles and the constitutional criminalizing commandments, of hindering and prescriptive content. Both must be taken in consideration, in the Criminal Law of the Democratic State of Law.

  6. 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.

  7. The Legality and Propriety of the Trials of Abu Hamza

    Directory of Open Access Journals (Sweden)

    Paul Arnell

    2017-01-01

    Full Text Available Abu Hamza is serving a life sentence in an American prison, having been convicted of terrorist offences in 2014. He was previously imprisoned in the United Kingdom. Two central questions arise from his case; whether the UK and US acted lawfully under international law in applying their criminal law against Hamza, and whether that application of law was appropriate. The answers to these questions are that Hamza’s subjection to legal process was of dubious legality and not completely proper. The links between the UK and the US and Hamza, be they territory, nationality or otherwise, were in some instances insufficient per se and lacking relative to third states. His case is a story of justice imperfectly done.  Keywords: Legality; Proper Law; Extraterritorial Jurisdiction; Extradition; Abu Hamza

  8. Criminal sanctions: does imprisonment strategy reduce crimes ...

    African Journals Online (AJOL)

    Careful reading of the literature on psychology of criminal conduct and of prior reviews of studies of treatment effects suggested that neither criminal sanctioning without provision of rehabilitative treatment will succeed in reducing recidivism. What works, in our views, is the delivery of appropriate correctional treatment, and ...

  9. critical assessment of nigeria criminal justice system

    African Journals Online (AJOL)

    Global Journal

    This study therefore assessed the Nigeria criminal justice system and the problem of awaiting trial in Port Harcourt Maximum Prison, Rivers State. Three research questions were raised to guide the study. The study adopted the survey research design. An 18-item questionnaire captioned. “Questionnaire on Nigeria criminal ...

  10. Criminal Trajectories of White-collar Offenders

    NARCIS (Netherlands)

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

    2014-01-01

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

  11. 10 CFR 60.183 - Criminal penalties.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 60.183 Section 60.183 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES Violations § 60.183 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended...

  12. 31 CFR 103.59 - Criminal penalty.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Criminal penalty. 103.59 Section 103.59 Money and Finance: Treasury Regulations Relating to Money and Finance FINANCIAL RECORDKEEPING AND REPORTING OF CURRENCY AND FOREIGN TRANSACTIONS General Provisions § 103.59 Criminal penalty. (a) Any person...

  13. 10 CFR 75.53 - Criminal penalties.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 75.53 Section 75.53 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) SAFEGUARDS ON NUCLEAR MATERIAL-IMPLEMENTATION OF US/IAEA AGREEMENT Enforcement § 75.53 Criminal penalties. (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides...

  14. 10 CFR 150.33 - Criminal penalties.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Criminal penalties. 150.33 Section 150.33 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 Enforcement § 150.33 Criminal penalties. (a) Section 223 of the Atomic...

  15. 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

  16. Male Psychopaths and Their Criminal Careers.

    Science.gov (United States)

    Hare, Robert D.; And Others

    1988-01-01

    Examined criminal histories of male psychopaths and nonpsychopaths, exploring time in prison and conviction rates for five-year periods between ages of 16 and 45. Criminal activities of nonpsychopaths were relatively constant over years; activities of psychopaths remained high until around age 40, then declined dramatically. Results are consistent…

  17. 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.

  18. Commentary: the problem of agreement on diagnoses in criminal cases.

    Science.gov (United States)

    Patterson, Raymond F

    2010-01-01

    The authors present an important two-part study as they strive to provide an empirical analysis of psychiatric diagnoses in criminal case reports in Australia. In the first part, they compare the level of agreement or correlation of diagnoses between pairs of experts who prepared reports for either the prosecution or defense with other reports prepared for the same and opposing sides and by profession (i.e., psychiatrists and/or psychologists). In the second part, they compare the level of agreement or correlation between experts retained by either the prosecution or defense and treating practitioners. Psychiatric diagnoses are fundamental requirements that may affect the adjudication of criminal and civil cases. Both parts of the study focus on criminal cases and are very exciting in that they review not only the correlation of agreements in these areas but also address indirectly the concept of the so-called hired gun. The development of specialized expertise in the evaluation and assessment of defendants by designated opinion or expert witnesses has progressed over time. The nexus between psychiatry and the law (i.e., forensic psychiatry) has included the presentation of psychiatric diagnosis to the courts and the necessity for the expert or treating practitioner to address legal questions raised by the court. This study makes important steps in the direction of examining and analyzing the role of psychiatric diagnosis according to the responsibilities of the evaluator (i.e., as independent examiner or treating practitioner), as well as the possible influence of professional training and experience on differences in diagnoses between two evaluators. It is anticipated that there will be further work in these areas to address not only diagnoses but forensic recommendations and opinions.

  19. 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.

  20. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

    Presents two opposing viewpoints concerning the legalization of drugs. States that control efforts are not cost effective and suggests that legalization with efforts at education is a better course of action (W. Chambliss). The opposing argument contends that the cost in human suffering negates any savings in dollars gained through legalization…

  1. [Criminal responsibility in schizophrenia with special attention to the mental state during the criminal act--a study based upon the activation-recurrence phenomenon].

    Science.gov (United States)

    Higashi, Takahiro

    2009-01-01

    In this article, psychiatric arguments regarding criminal responsibility in schizophrenia are reviewed, and it is pointed out that the arguments have been influenced by the theory of process psychosis. Moreover, two cases judged on the basis of the activation-recurrence phenomenon are exemplified, and fundamental issues are discussed. Investigating the mental state just before the crime helps when deliberating over criminal responsibility. A study of the activation-recurrence phenomenon, conducted by Shinkai and Miyasaka, contributes toward clarifying the recurrence of the micropsychotic state during the criminal act. Generally, schizophrenia is characterized by an alternation between the micropsychotic and basic normal states, and classified clinically into severe, moderate, and mild according to the level of susceptibility to the occurrence of the activation-recurrence phenomenon. Differentiating between the form and contents of the micropsychotic state is of marked importance in schizophrenia. In addition, identifying the form facilitates the distinction between behaviors while sane and those during schizophrenic episodes. Practically, the activating stimuli, which are likely to trigger the micropsychotic state, are applied in the interview to establish the psychiatric testimony based upon the activation-recurrence phenomenon. After the diagnosis of schizophrenia has been confirmed, the examinee is exposed to the stimuli possibly activating the micropsychotic state during the criminal act. Observing the recurrence of the micropsychotic state and its frequency enables estimation of the susceptibility to the occurrence of the activation-recurrence phenomenon and the mental state during the criminal act. Therefore, if a micropsychotic state during the criminal act can be confirmed, the inability to be held legally responsible is postulated. In contrast, if a micropsychotic state during the criminal act cannot be confirmed, the specialist giving the psychiatric

  2. What Defines an International Criminal Court?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

    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...... community’, and Sarah Williams, who 50 years later relied on the same factor in her definitions of ‘hybrid’ and ‘internationalized’ criminal tribunals. Through examples of rulings by the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia, this article will demonstrate...... 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...

  3. 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.

  4. The legal dilemma

    DEFF Research Database (Denmark)

    Pedersen, Karsten

    presentation, I will focus on how the group included legal matters in the new letters, and how the pilot project group involved legal advice in their considerations. I will also discuss how and when to introduce legal advice in the letter editing process, drawing on the experiences of the group members......, interviewing central participants in the pilot project, and by carrying out a small questionnaire based survey and a series of interviews with members of the letters’ target group. One of the most prevalent challenges addressed by the group was how to make sure to address legal matters properly. In my...... language changes aimed at. What to learn from the presentation: •How to design a plain language project •How to include legal advice in a plain language project •How to design a study of plain language changes...

  5. [Eight-step structured decision-making process to assign criminal responsibility and seven focal points for describing relationship between psychopathology and offense].

    Science.gov (United States)

    Okada, Takayuki

    2013-01-01

    The author suggested that it is essential for lawyers and psychiatrists to have a common understanding of the mutual division of roles between them when determining criminal responsibility (CR) and, for this purpose, proposed an 8-step structured CR decision-making process. The 8 steps are: (1) gathering of information related to mental function and condition, (2) recognition of mental function and condition,(3) psychiatric diagnosis, (4) description of the relationship between psychiatric symptom or psychopathology and index offense, (5) focus on capacities of differentiation between right and wrong and behavioral control, (6) specification of elements of cognitive/volitional prong in legal context, (7) legal evaluation of degree of cognitive/volitional prong, and (8) final interpretation of CR as a legal conclusion. The author suggested that the CR decision-making process should proceed not in a step-like pattern from (1) to (2) to (3) to (8), but in a step-like pattern from (1) to (2) to (4) to (5) to (6) to (7) to (8), and that not steps after (5), which require the interpretation or the application of section 39 of the Penal Code, but Step (4), must be the core of psychiatric expert evidence. When explaining the relationship between the mental disorder and offense described in Step (4), the Seven Focal Points (7FP) are often used. The author urged basic precautions to prevent the misuse of 7FP, which are: (a) the priority of each item is not equal and the relative importance differs from case to case; (b) each item is not exclusively independent, there may be overlap between items; (c) the criminal responsibility shall not be judged because one item is applicable or because a number of items are applicable, i. e., 7FP are not "criteria," for example, the aim is not to decide such things as 'the motive is understandable' or 'the conduct is appropriate', but should be to describe how psychopathological factors affected the offense specifically in the context of

  6. 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.

  7. Mediation and Legal Assistance

    Directory of Open Access Journals (Sweden)

    Larisa Zaitseva

    2014-01-01

    Full Text Available The development of alternative dispute resolution procedures raises a number of new problems and questions for jurisprudence and legal practice. Many of these are closely related to the implementation of mediation procedures. Significant attention has been paid in the legal literature to the need for mediators’ legal education. Nowadays a professional lawyer usually performs the functions of a mediator. Nevertheless, in some countries the competence of mediators can be limited. In fact, such persons may be prohibited from providing any legal assistance to the parties. A direct prohibition of this kind exists in Russian legislation. To what degree is this prohibition realistic and reasonable? Different countries enjoy different approaches to the possibility of providing disputing parties with a mediator’s legal assistance in addressing issues requiring legal advice or in the drafting of legal documents. Different approaches to this issue have appeared for various reasons. The absence of consensus is caused by a contradiction between the principle of mediator neutrality in the conflict resolution process and the goals of dispute settlement in which a legally competent intermediary is involved. To ensure the effectiveness of the mediation process, legislators should seek out more flexible ways of regulating procedure. Mandatory regulation itself contradicts the spirit of ‘semi-formal’ alternative (extrajudicial methods for conflict resolution. As such, the presence of direct prohibitions or severe restrictions may not only become challenging in the performance of law but such peremptory norms can also make mediation unattractive and ineffective for some particular types of dispute, such as labor disputes. The principle of preserving a mediator’s neutrality is possible if exercised within the framework of a balanced approach to reasonable limits and discretionary rules for the provision of certain types of legal assistance to disputing

  8. The right to have access to a lawyer within the criminal proceedings in the European Union

    Directory of Open Access Journals (Sweden)

    Minodora-Ioana Rusu

    2017-06-01

    Full Text Available In the present study we have examined the provisions of the European legal instrument governing the right of access to a lawyer within the criminal proceedings in a Member State of the European Union, especially in situations where against the person concerned it was imposed a measure of deprivation of liberty and the right to have access to consular authorities, the right to inform a third person and the right of access to a lawyer in execution proceedings of a European Arrest Warrant. With the actual examination of these provisions, we referred also to the provisions of law, emphasizing the differences of the existing regulation and the need to transpose the European legal instrument into the national law by a separate legislative act and not by completing the special law, as it is intended at the moment. The innovations consist of examining the European legal instrument focusing on the right to have access to all the criminal proceedings, with reference to relevant national legislation, including the procedure of executing a European arrest warrant. The paper can be useful to academics, practitioners in the field and to the Romanian legislator from the perspective of transposing this European legal instrument into the national law.

  9. Intoxication and criminal responsibility in Dutch criminal Law.

    Science.gov (United States)

    van Kalmthout, A

    1998-09-01

    This article deals with the question in how far an offence committed in the Netherlands under the influence of alcohol or other drugs can be imputed to the offender. Unlike many other countries the Dutch Penal Code does not contain specific provisions with respect to the criminal liability of addicted or intoxicated offenders. In principle, they are held responsible for their offences, even when the dolus or culpa is absent at the moment they commit their offence. Doctrine and jurisprudence found this liability on the principle of 'culpa/dolus in causa', by accepting an anterior dolus or culpa, which is situated at the moment the offender takes alcohol or other drugs. As is shown in this article, the - nondogmatic - interpretation of this culpa in causa doctrine leaves hardly any space for a claim to impunity.

  10. Crimes against the sexual inviolability of minors according to the Criminal Codes of Russia and some foreign countries

    Directory of Open Access Journals (Sweden)

    Maria V. Gusarova

    2017-03-01

    Full Text Available Objective to study the norms on crimes against sexual inviolability of minors in the Russian Criminal Code and the laws of some foreign countries. Methods comparativelegal systemicstructural sociological. Results the article analyzes the norms of the Russian criminal legislation and legislations of some foreign countries on crimes against sexual inviolability of minors and formulates conclusions and recommendations for further improvement of the Russian criminal legislation in this sphere. Scientific novelty basing on the study of the criminal law of foreign countries in the sphere of combating crimes against sexual inviolability of minors the author formulates suggestions to further improve the criminal legislation of the Russian Federation regarding the protection of minors against sexual abuse. In particular the necessity is proved to formulate a number of independent standards on sexual crimes against minors taking into account the characteristics of a victim to register the qualifying circumstance ndash the sexual act aimed at a minor committed by a relative legal representative or other person on whom the minor is dependent and also to provide the increased criminal liability for incest involving a minor. Practical significance the main provisions and conclusions of the article can be used in research and teaching when considering the comparative characteristics of the regulations on crimes against sexual inviolability of minors in the Russian legislation and that of foreign countries as well as when further reforming the Russian legislation in the sphere of sexual freedom and sexual inviolability of an individual.

  11. Legal Protection Against Women An Analysis Of Domestic Violence Crime

    Directory of Open Access Journals (Sweden)

    Lilis Erniyati

    2015-08-01

    Full Text Available The purpose of this study was to find and analyze the policy formulation of legal protection of women on the crime of domestic violence in Indonesia find and analyze the policy of criminal law in the formulation of a system of criminal sanctions against the crime of domestic violence find and analyze the constraints and solutions in the application of the crime of domestic violence This study uses normative research and empirical jurisdiction which is supported by field research conducted by interviewing. The data used is primary and secondary data. The data analysis used is qualitative analysis. The results stated first Policy Formulation against the crime of domestic violence based on provisions of Law Domestic Violence does not have an effect in the form of illness or impediment to carry out daily activities. Criminal law in the formulation of a system of criminal sanctions against the crime of domestic violence according to the provisions of the Law on Domestic Violence using this type of system an alternative formulation.

  12. Legal regulation of domestic violence in Croatia

    Directory of Open Access Journals (Sweden)

    Sučević Radmila

    2003-01-01

    Full Text Available Family Law passed in 1998 introduced the term domestic violence for the very first time in Croatian legal system. Article 118 of this Code contains explicit ban of if violent behavior of a spouse or other adult family member. Violation of this ban is, according to the article 362, a misdemeanor, and the sanction is up to 30 days of imprisonment. Article 118 is placed under section of parental care, subsection is Protection of rights and welfare of a child and minors. Entering article regarding family violence into this section and connecting violent behavior only to a spouse or other adult family member is dangerous, because of possibility for restrictive interpretation of this article in practice and giving protection only to children. However, in practice, although the implementation of this law started late, in June 1999, police mostly intervene and protect victims of domestic violence in all cases, no matter if it is a family with or without children. From January 1st 2001 violent behavior in a family is provided as criminal offence (article 215 of the Criminal Code. Sanction for this offence is from three months up to three years of imprisonment.

  13. 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.

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

    Directory of Open Access Journals (Sweden)

    Payman Kamalvand

    2013-08-01

    doctrines of religions, Jewish and Muslim have common concepts of criminal law which sometimes are in compliance and in some points is divergence. Requirements and criminal responsibilities have been defined what the holy legislator has set for criminals or sinners of this world, whether their crime is related to a sin which has a particular punishment or to other sins, whether criminal punishment is corporal or financial. Among the principles of Requirements in criminal law is the principle of legality of criminal offenses. Despite misconceptions about the founding this principle, what history shows is that this important principle in criminal law of Judaism and the criminal law of Islam is emphasized by clear wordings of The Qur'an and The Torah. Another principle of this case emphasized is "personal being of the punishment" which has also been emphasized in The Qur'an in many verses. The remarkable point about this is the apparent differences between The Qur'an and The Torah about this principle that these subjects should not be inconsistent with the principle of "personal being of the punishment". Because these verses are intended to express the conditional and hereditary effects of sin, and transferring the evil to future generations, not transferring apparent punishment and penalties to them. Criminal responsibilities sometimes are missing in the objective form and sometimes in the subjective form. In some cases, the legislator, for some reason, removes the title of criminal from the action, on the others, the causes of disclamation and deterioration most lie in the criminal person not in transition. These factors, with some variations have come in both religions. Penalty goals in both religions have also many similarities in many aspects among which may be cited protection of Divine sanctuary, concealing the effect of the sin, restraining the offender and his family and friends.

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

    Directory of Open Access Journals (Sweden)

    Mohammad Reza Haji Esmaili

    of religions, Jewish and Muslim have common concepts of criminal law which sometimes are in compliance and in some points is divergence. Requirements and criminal responsibilities have been defined what the holy legislator has set for criminals or sinners of this world, whether their crime is related to a sin which has a particular punishment or to other sins, whether criminal punishment is corporal or financial. Among the principles of Requirements in criminal law is the principle of legality of criminal offenses. Despite misconceptions about the founding this principle, what history shows is that this important principle in criminal law of Judaism and the criminal law of Islam is emphasized by clear wordings of The Qur'an and The Torah. Another principle of this case emphasized is "personal being of the punishment" which has also been emphasized in The Qur'an in many verses. The remarkable point about this is the apparent differences between The Qur'an and The Torah about this principle that these subjects should not be inconsistent with the principle of "personal being of the punishment". Because these verses are intended to express the conditional and hereditary effects of sin, and transferring the evil to future generations, not transferring apparent punishment and penalties to them. Criminal responsibilities sometimes are missing in the objective form and sometimes in the subjective form. In some cases, the legislator, for some reason, removes the title of criminal from the action, on the others, the causes of disclamation and deterioration most lie in the criminal person not in transition. These factors, with some variations have come in both religions. Penalty goals in both religions have also many similarities in many aspects among which may be cited protection of Divine sanctuary, concealing the effect of the sin, restraining the offender and his family and friends

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

    Directory of Open Access Journals (Sweden)

    Mohammad Reza Haji Esmaili

    2013-09-01

    doctrines of religions, Jewish and Muslim have common concepts of criminal law which sometimes are in compliance and in some points is divergence. Requirements and criminal responsibilities have been defined what the holy legislator has set for criminals or sinners of this world, whether their crime is related to a sin which has a particular punishment or to other sins, whether criminal punishment is corporal or financial. Among the principles of Requirements in criminal law is the principle of legality of criminal offenses. Despite misconceptions about the founding this principle, what history shows is that this important principle in criminal law of Judaism and the criminal law of Islam is emphasized by clear wordings of The Qur'an and The Torah. Another principle of this case emphasized is "personal being of the punishment" which has also been emphasized in The Qur'an in many verses. The remarkable point about this is the apparent differences between The Qur'an and The Torah about this principle that these subjects should not be inconsistent with the principle of "personal being of the punishment". Because these verses are intended to express the conditional and hereditary effects of sin, and transferring the evil to future generations, not transferring apparent punishment and penalties to them. Criminal responsibilities sometimes are missing in the objective form and sometimes in the subjective form. In some cases, the legislator, for some reason, removes the title of criminal from the action, on the others, the causes of disclamation and deterioration most lie in the criminal person not in transition. These factors, with some variations have come in both religions. Penalty goals in both religions have also many similarities in many aspects among which may be cited protection of Divine sanctuary, concealing the effect of the sin, restraining the offender and his family and friends.

  17. 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

  18. 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

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

    Science.gov (United States)

    Sinha, Sudhinta

    2016-01-01

    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. 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. 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 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. Criminals differ from general population or non criminals in terms of personality traits.

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

    Directory of Open Access Journals (Sweden)

    Sudhinta Sinha

    2016-01-01

    Full Text Available 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.

  1. 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

  2. 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.

  3. Legal challenges in neurological practice

    Directory of Open Access Journals (Sweden)

    Sita Jayalakshmi

    2016-01-01

    Full Text Available Clinical neuroscience has made tremendous advances over the last century. Neurology as a discipline is still considered challenging and at times risky due to the natural history and progressive course of few of the neurological diseases. Encouragingly, the patient and their caregivers are now increasingly willing to be actively involved in making decisions. The patients' relationship with the doctor is a reflection of the society. A society that is orienting itself toward “rating” and “feedback” has made this doctor–patient relationship, a consumer–service provider relationship. This perhaps is due to commercialization of health that usually accompanies globalization. Moreover, a rapid influx of information from potential erroneous sources such as the Internet has also made patient and caregivers not being hesitant to taking legal course in the case of adverse events during treatment or simply because of dissatisfaction. The purpose of the legal process initiated by patients with neurological ailments is more often to compensate for the income lost, physical and psychological anguish that accompanies disease and its treatment, and to fund treatment or rehabilitation requirements. However, it is not clearly established if monetary benefits acquired lead to better opportunities for recovery of the patient. The consumer protection act and commercialization of medical services may well have an adverse effect on the doctor and patient relationship. Hence, there is a great need for all medical professionals to mutually complement and update each other. This review examines legal (litigation processes with special interest on medicolegal system in patients with neurological ailments and the challenges faced by the neurologist during day-to-day clinical practice.

  4. Legal challenges in neurological practice.

    Science.gov (United States)

    Jayalakshmi, Sita; Vooturi, Sudhindra

    2016-10-01

    Clinical neuroscience has made tremendous advances over the last century. Neurology as a discipline is still considered challenging and at times risky due to the natural history and progressive course of few of the neurological diseases. Encouragingly, the patient and their caregivers are now increasingly willing to be actively involved in making decisions. The patients' relationship with the doctor is a reflection of the society. A society that is orienting itself toward "rating" and "feedback" has made this doctor-patient relationship, a consumer-service provider relationship. This perhaps is due to commercialization of health that usually accompanies globalization. Moreover, a rapid influx of information from potential erroneous sources such as the Internet has also made patient and caregivers not being hesitant to taking legal course in the case of adverse events during treatment or simply because of dissatisfaction. The purpose of the legal process initiated by patients with neurological ailments is more often to compensate for the income lost, physical and psychological anguish that accompanies disease and its treatment, and to fund treatment or rehabilitation requirements. However, it is not clearly established if monetary benefits acquired lead to better opportunities for recovery of the patient. The consumer protection act and commercialization of medical services may well have an adverse effect on the doctor and patient relationship. Hence, there is a great need for all medical professionals to mutually complement and update each other. This review examines legal (litigation) processes with special interest on medicolegal system in patients with neurological ailments and the challenges faced by the neurologist during day-to-day clinical practice.

  5. "My older clients fall through every crack in the system": geriatrics knowledge of legal professionals.

    Science.gov (United States)

    Soones, Tacara; Ahalt, Cyrus; Garrigues, Sarah; Faigman, David; Williams, Brie A

    2014-04-01

    With the number of older adult arrestees and prisoners increasing rapidly, legal professionals increasingly provide front-line identification and response to age-related health conditions (including cognitive and physical impairments) that may affect legal outcomes, such as the ability to participate in one's defense or stay safe in jail. The goals of this study were to assess the ability of legal professionals to recognize and respond to age-related conditions that could affect legal outcomes and to identify recommendations to address important knowledge gaps. This was a mixed quantitative-qualitative study. Legal professionals (N = 72) in the criminal justice system were surveyed to describe their demographic characteristics, expertise, and prior aging-related training and to inform the qualitative interview guide. Those surveyed included attorneys (district attorneys (25%), public defenders and legal advocates (58%)), judges (6%), and court-affiliated social workers (11%). In-depth qualitative interviews were then conducted with a subset of 10 legal professionals who worked with older adults at least weekly. Results from the surveys and interviews revealed knowledge deficits in four important areas: age-related health, identification of cognitive impairment, assessment of safety risk, and optimization of services upon release from jail. Four recommendations to close these gaps emerged: educate legal professionals about age-related health, train professionals to identify cognitive and sensory impairment, develop checklists to identify those at risk of poor health or safety, and improve knowledge of and access to transitional services for older adults. These findings suggest that geriatrics knowledge gaps of legal professionals exist that may contribute to adverse medical or legal outcomes for older adults involved in the criminal justice system and that partnerships between healthcare and legal professionals are needed to address these challenges. © Published

  6. Criminal tendencies and psychological testing

    Directory of Open Access Journals (Sweden)

    Sobchik L. N.

    2017-04-01

    Full Text Available Methods of psychological diagnostics closer to the psychology main research areas, which involve measuring the accuracy and statistical reliability. A set of methods that includes questionnaires should be complemented with projective tests in which the stimulus material is verbal in nature. The article presents the results of surveys of different groups of persons in conflict with the law, as well as screening tests contingent of youth groups and adolescents. High performance, spontaneously manifested aggressiveness, traits, emotional immaturity, low self-control and primitive-the requirement of the hierarchy of values at statistically significant level are identified in the data psychodiagnostic study, thus allowing to allocate the risk of wrongful conduct and to develop preventive measures of psycho-pedagogical and social nature. Psychological testing is an effective tool in the study of criminal predisposici and gives the key to a science-based approach in the development of preventive measures aimed at reducing crime.

  7. 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.

  8. Protecting Children Rights under International Criminal Justice

    Directory of Open Access Journals (Sweden)

    Erinda Duraj (Male

    2015-03-01

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

  9. 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.

  10. 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.

  11. SERIAL EFFECTS OF EVIDENCE ON LEGAL DECISION-MAKING

    Directory of Open Access Journals (Sweden)

    Raluca Enescu

    2012-07-01

    Full Text Available The order in which evidence is presentedto a criminal court might influence the verdict.This study investigated the serial position effectin a judicial context. 1831 Swiss criminal judgesreceived a filmed mock trial with a specificorder stemming from the combination of 3witnesses: a forensic expert, an eyewitness andan alibi witness. The evidence order wascompletely counterbalanced and each witnessrepresented a different type of testimony chosenin accordance with the legal practice. If judgesrendered their verdict on the basis of the firstwitness, a primacy effect would be observed.Conversely, if the last testimony would bepreponderant, a recency effect would influencetheir judgment. Results showed a recency effectbased on a defence eyewitness whose placementin the last position provoked significantly lesscondemnations. Furthermore, the probativevalue estimated by the judges for each piece of evidence was not associated with its serialimpact. Results are discussed in relation to legaldecision-making and the identification of acentral witness mediating order effects.

  12. SOME APPROACHES ON THE OFFENSE OF MURDER OR INJURY OF THE NEWBORN COMMITTED BY THE MOTHER, PROVIDED IN ARTICLE 200 OF THE NEW CRIMINAL CODE

    Directory of Open Access Journals (Sweden)

    MIHAELA ROTARU

    2013-05-01

    Full Text Available In addition to the innovations included in the new Criminal Code, the legislator of this legal act makes a number of amendments to the existing institutions and offenses in the criminal law. Such a situation is encountered for the offense of murder or injury of the newborn committed by the mother provided in Art. 200 N.C.C., offense that partly corresponds to the offense of infanticide described in Art. 177 of the Criminal Code in force. The legislator considered it necessary to also criminalize in the new Criminal Code the act of injury of the newborn committed by the mother, along with the action of killing, a situation that rightly caused the change of the marginal name of the offense. Moreover, another interesting aspect that also constitutes the focus of our approach is represented by the two phrases which are different from those in the legal text in force, i.e. ,,immediately after birth but not later than 24 hours" and ,,state of mental disorder”, which are designed to equalize the views expressed in the criminal literature regarding the analyzed crime and the practice in the field.

  13. Neurotechnological Behavioural Treatment of Criminal Offenders

    DEFF Research Database (Denmark)

    Ryberg, Jesper; Petersen, Thomas Søbirk

    2013-01-01

    Whether it is morally acceptable to offer rehabilitation by CNS-intervention to criminals as a condition for early release constitutes an important neuroethical question. Bomann-Larsen has recently suggested that such interventions are unacceptable if the offered treatment is not narrowly targeted...... at the behaviour for which the criminal is convicted. In this article it is argued that Bomann-Larsen's analysis of the morality of offers does not provide a solid base for this conclusion and that, even if the analysis is assumed to be correct, it still does not follow that voluntary rehabilitation schemes...... targeting behaviour beyond the act for which a criminal is convicted are inappropriate....

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

    African Journals Online (AJOL)

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

  15. 32 CFR 26.625 - Criminal drug statute.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 1 2010-07-01 2010-07-01 false Criminal drug statute. 26.625 Section 26.625 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE DoD GRANT AND AGREEMENT... Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the...

  16. 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.

  17. 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.

  18. 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.

  19. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

    This article examines the legal position of a nurse who believes that a colleague is performing below the level of competence required, witnesses inappropriate action by a colleague, or who believes that the care environment is putting patients at risk.

  20. [Legal aspects of intoxicating medication in relation to traffic safety].

    Science.gov (United States)

    Riemenschneider, S

    1997-06-13

    When a patient operates a vehicle, he commits a traffic violation if he is incapable of conducting his vehicle safely in traffic at that time. If the lack of safety has been caused by medication or other types of intoxicating drugs, he commits a criminal offense. At present, scientific evidence suggests that the proof of a causal link between driving insecurities and the intake of intoxicating medication cannot solely be based upon the quality and quantity of such medication but must also take into account the possible establishment of visible physical disabilities.A physician must thoroughly inform his patient of all relevant risks both of the illness itself and its medical treatment in relation to traffic safety. The former is nevertheless not legally authorized to suspend the patient's driving licence; neither does his explicit permission to operate a vehicle generally protect the patient from criminal prosecution. Even in cases where the capability to operate a vehicle is not subject to medical doubts, a patient should be encouraged to constantly scrutinize this capability, especially in regard to unexpected side-effects of the medication. Insufficient medical advice may result in criminal responsibility of the physician if an accident is proved to have been caused by the patient, resulting in injury of the patient or a third party. If sufficient advice has been conveyed, possible criminal responsibility is limited to cases where the patient lacks the ability to act self-responsibly or if there is the imminent danger of an accident. If the physician learns that a patient with relevant disabilities will attempt to conduct a vehicle despite his opposite advice, he may inform the traffic authority after having repeatedly and unsuccessfully communicated with the patient and after having carefully balanced the interests of the parties involved. The physician is then longer obliged to abide by the requirement of medical confidentiality; there is, however, no legal

  1. Calibrating Legal Judgments

    OpenAIRE

    Frederick Schauer; Barbara A. Spellman

    2017-01-01

    Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociolog...

  2. Old Assyrian Legal Practices

    DEFF Research Database (Denmark)

    Hertel, Thomas Klitgaard

    This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East.......This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East....

  3. 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.

  4. 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.

  5. 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

  6. 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.

  7. 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.

  8. 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

  9. Criminal procedure code and charter of criminal proceedings in terrorism investigation: learning from the past

    OpenAIRE

    Makarov M.A.; Smakhtin E.V.

    2014-01-01

    Basic procedural institutions of terrorism investigation are studied by comparing the provisions of the Charter of criminal proceedings of the Russian Empire in 1864 and the current procedural law. The comparative solutions to the following investigation problems by Charter and the Code are shown: 1) terrorists confess to less serious crimes, representing themselves as accomplices (articles 208, 222 of the RF Criminal Code) to avoid punishment for terrorism (article 205 of the RF Criminal Cod...

  10. 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.

  11. Algorithms in practice: Comparing web journalism and criminal justice

    Directory of Open Access Journals (Sweden)

    Angèle Christin

    2017-07-01

    Full Text Available Big Data evangelists often argue that algorithms make decision-making more informed and objective—a promise hotly contested by critics of these technologies. Yet, to date, most of the debate has focused on the instruments themselves, rather than on how they are used. This article addresses this lack by examining the actual practices surrounding algorithmic technologies. Specifically, drawing on multi-sited ethnographic data, I compare how algorithms are used and interpreted in two institutional contexts with markedly different characteristics: web journalism and criminal justice. I find that there are surprising similarities in how web journalists and legal professionals use algorithms in their work. In both cases, I document a gap between the intended and actual effects of algorithms—a process I analyze as “decoupling.” Second, I identify a gamut of buffering strategies used by both web journalists and legal professionals to minimize the impact of algorithms in their daily work. Those include foot-dragging, gaming, and open critique. Of course, these similarities do not exhaust the differences between the two cases, which are explored in the discussion section. I conclude with a call for further ethnographic work on algorithms in practice as an important empirical check against the dominant rhetoric of algorithmic power.

  12. 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.

  13. The influence of anogenital injury on women's willingness to engage with the criminal justice process after rape.

    Science.gov (United States)

    Fisher, Bonnie Sue; Kaplan, Alyssa; Budescu, Mia; Fargo, Jamison; Tiller, Deborah; Everett, Janine; Sommers, Marilyn

    2013-01-01

    Medical-legal-social science research has documented that nongenital and/or anogenital injuries play a significant role throughout the criminal justice system from victims reporting to judges determining the length of a sentence. What remains an open question is whether the documentation of anogenital injury influences women's willingness to engage in the criminal justice system. A sample of women age 21 years and older residing in an urban area were asked about willingness to report to police, file charges, and work with the courts to prosecute after rape. Questions were framed with a qualifying statement about the forensic examination being able to detect injury related to forced sexual intercourse. Results show that women had a high willingness to act if the examination could detect anogenital injury and women with and without a history of forced sexual intercourse had significant differences in their responses to these questions. Implications for health care, criminal justice system, and future research are discussed.

  14. Legal aspects of counteracting the trafficking of falsified medicines in the european union.

    Science.gov (United States)

    Pashkov, Vitalii; Soloviov, Aleksey; Olefir, Andrii

    The paper identifies key risks associated with the illegal production and sale of medicines. Also there were generalized features of criminal responsibility for acts related to the trafficking of drugs in some Member States of the EU and analyzed legal means of combating the falsified drugs today. The problem concerning falsification of medicines is particularly acute not only in developing countries but also in developed ones. Fake is one in ten - twenty drug. The largest share of falsified drugs comes from the so-called «Asian tigers», already from which they come to the EU market. In this publication authors have set following objectives: - to determine the risks associated with illegal production and sale of medicines; - organize legal means of combating the falsified medicines in the EU member states; - clarify features of criminal responsibility for acts related to the trafficking of drugs in the EU countries. The article bases on the works of scholars and experts, statistical information and other sources. Particular attention is paid to the analysis of regulations of the EU institutions and national criminal laws. So, provisions of the criminal codes of 10 EU member states were taken into account. There is a system of legal measures which counter the circulation of falsified medicines in the EU and consists of general and specific regulatory requirements, mainly of economic and legal nature. The most important role among the last play package labeling requirements for drugs and license conditions. In the article were discussed factors that stimulate the production and sale of falsified drugs and the risks associated with these. Demarcated the concept of «falsified medicinal product», «counterfeit drug», «substandard drug». Although there are guidelines for patients to identify falsified drugs, still a major role in this process should play public authorities and enterprises. In all the countries illegal circulation of falsified drugs is prohibited

  15. 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.

  16. 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.

  17. 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

  18. 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.

  19. 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.

  20. Legal protection of victims of domestic violence in Republika Srpska

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    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

  1. Mapping the criminal mind: idiographic assessment of criminal belief systems.

    Science.gov (United States)

    Walters, Glenn D

    2005-02-01

    An idiographic procedure designed to assess the belief systems of criminal offenders is described, investigated, and clarified. This measure, the Cognitive Map of Major Belief Systems (CMMBS), assesses the five belief systems (self-view, world-view, past-view, present-view, future-view) held to occupy the higher echelons of human cognition. Modest to moderate test-retest reliability was achieved when 19 inmates, enrolled in one of three drug-counseling groups, completed the CMMBS on two separate occasions, 2 weeks apart. It was also ascertained that the drug treatment specialist who served as therapist for all three groups "blindly" matched the 19 CMMBS records to the inmates who produced them. A case study of one of the 19 participants was used to illustrate how the CMMBS is employed with individual offenders and how belief systems interact with major schematic subnetworks such as attributions, outcome expectancies, efficacy expectancies, goals, values, and thinking styles to create crime-supporting lifestyles.

  2. A Framework for visualization of criminal networks

    DEFF Research Database (Denmark)

    Rasheed, Amer

    This Ph.D. thesis describes research concerning the application of criminal network visualization in the field of investigative analysis. There are number of way with which the investigative analysis can locate the hidden motive behind any criminal activity. Firstly, the investigative analyst must...... have the ability to understand the criminal plot since a comprehensive plot is a pre-requisite to conduct an organized crime. Secondly, the investigator should understand the organization and structure of criminal network. The knowledge about these two aspects is vital in conducting an investigative...... visualization is to let the users put less effort into recognizing the requirements, preferably within a short instance of time. In this way, the investigator focuses on his/her cause rather than using resources on irrelevant details. Much research is being conducted in visual analytics, dynamics in social...

  3. Expert Evidence and International Criminal Justice

    DEFF Research Database (Denmark)

    Appazov, Artur

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

  4. The Phenomenology of Specialization of Criminal Suspects

    Science.gov (United States)

    Tumminello, Michele; Edling, Christofer; Liljeros, Fredrik; Mantegna, Rosario N.; Sarnecki, Jerzy

    2013-01-01

    A criminal career can be either general, with the criminal committing different types of crimes, or specialized, with the criminal committing a specific type of crime. A central problem in the study of crime specialization is to determine, from the perspective of the criminal, which crimes should be considered similar and which crimes should be considered distinct. We study a large set of Swedish suspects to empirically investigate generalist and specialist behavior in crime. We show that there is a large group of suspects who can be described as generalists. At the same time, we observe a non-trivial pattern of specialization across age and gender of suspects. Women are less prone to commit crimes of certain types, and, for instance, are more prone to specialize in crimes related to fraud. We also find evidence of temporal specialization of suspects. Older persons are more specialized than younger ones, and some crime types are preferentially committed by suspects of different ages. PMID:23691257

  5. Employers liability to the international criminal court

    Directory of Open Access Journals (Sweden)

    Yenifer Yiseth Suárez Díaz

    2014-01-01

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

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

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    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.

  7. 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.

  8. Approaching Career Criminals With An Intelligence Cycle

    Science.gov (United States)

    2015-12-01

    adventures. The expected time remaining is a criminal career is five years for active offenders in their late teens while the expected time remaining...intelligence community tool—the intelligence cycle—to deal with career criminals effectively? This thesis studies serious- offender programs and the...use of the intelligence cycle by American intelligence agencies in order to create a model merging serious offender programs and intelligence cycles

  9. Criminal law and psychology: Connection points

    OpenAIRE

    Drakić Dragiša

    2014-01-01

    In the paper the author discovers and analyzes areas which represent points of connection between criminal law and psychology, the areas in which cooperation between these two fields of science is possible and desirable. This article is divided into several sections. Firstly, the author talks about the emergence of psychology as a science and its definition. In the sections that follow the author offers analysis of initial contact between ways of thinking in primeval criminal law and psycholo...

  10. Mental Health Treatment and Criminal Justice Outcomes

    OpenAIRE

    Richard Frank; Thomas G. McGuire

    2010-01-01

    Are many prisoners in jail or prison because of their mental illness? And if so, is mental health treatment a cost-effective way to reduce crime and lower criminal justice costs? This paper reviews and evaluates the evidence assessing the potential of expansion of mental health services for reducing crime. Mental illness and symptoms of mental illness are highly prevalent among adult and child criminal justice populations. The association between serious mental illness and violence and arrest...

  11. Legal nature of affatomia

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    Stanković Miloš

    2015-01-01

    Full Text Available In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks spouses in determining each other for a heir. Legal nature of the Salian Franks affatomia is most similar to the mancipatio familiae type of will in the Roman law (which does not mean it emerged from this law, while its form in the Ripuarian Code is much closer to testamentary adoption. As with Ripuarian Franks, affatomia seems to have definitely produced legal effects only after the death of the disposant, while its legal effects with the Salian Code performed inter vivos. Contemporary authors are trying to designate the legal nature of legal affairs from the early development of human and legal civilization through modern institutes that represent the completion of their evolutionary path. Taking the inheritance contract of the German or Swiss law, or the future assets donation of the French law, for example, and then comparing them to affatomia and thinx is an anachronism. This is evident by the fact that the legal nature of these ancient Germanic institutes can not be viewed unilaterally, but always through a combination of those institutes which we know today as adoption, gift or mixed donation with retention of different modalities for the transferor or the testator (usually usufruct. In this sense, if we are looking for a inheritance agreement in the Middle Ages, the contract in which a person determines other person for his/her universal or singular successor in the modern sense, we will certainly not find one. However, if within this institute we

  12. UN ANÁLISIS SOBRE LA EFICACIA DE LA CONSTRUCCIÓN JURÍDICA DE INIMPUTABILIDAD EN LA MATANZA DE LONCO LUÁN. EL PODER DE PERDONAR / An analysis of the effectiveness of the legal construction of criminal responsibility in the killing of Lonco Luán

    Directory of Open Access Journals (Sweden)

    Andrea Natalia Lombraña

    2011-12-01

    Full Text Available El Código Penal argentino considera la prohibición normativa del uso de la violencia privada, aunque simultáneamente ofrece cierta disminución de la reprochabilidad (en términos de responsabilidad penal a través de la atenuación de penas o inclusive la declaración de inimputabilidad, si su uso viene acompañado de cierto componente emocional intenso. El presente artículo propone analizar y evaluar dichas consideraciones como formas institucionalizadas y codificadas de “perdón”. Con base en una lectura crítica del expediente del caso La Matanza de Lonco Luán - y prestando especial atención a las declaraciones de los imputados, las pericias técnicas, los alegatos de las partes y la sentencia del magistrado - se sostiene que estas formas de perdón son resultado de transcursos históricos determinados y que constituyen dispositivos altamente eficaces en el establecimiento de jerarquías sociales y en el proceso de mantenimiento del orden. La perspectiva metodológica adoptada supone el desarrollo de una lectura antropológica de la causa judicial, analizándola principalmente como ámbito de producción de sentido; que, como tal, expresa los juegos de circulación y disputa de bienes simbólicos, y refuerza a la vez la estructura de posiciones sociales.   Palabras Clave: Derecho; Violencia; Emoción; Perdón; Poder.   Abstract The Argentine Penal Code considers the normative prohibition about the use of the private violence, although it offers certain reduced blameworthiness (in terms of criminal responsibility through the attenuation of pains or the declaration of incompetent, if its use comes accompanied from certain intense emotional component. The present article proposes to analyze and to evaluate these considerations as institutionalized and codified forms of “pardon”. Based on a critical reading of the file of the case “La Matanza de Lonco Luán” - and paying special attention to the declarations of the imputed

  13. 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

  14. 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.

  15. 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.

  16. Critical Study on “Mental Incapacity in International Criminal Court

    Directory of Open Access Journals (Sweden)

    Venus GHAREH BAGHI

    2011-08-01

    Full Text Available The subject of area defenses is debated and not yet settled. So law makers and jurist are undecided about desirability of formulating discrete separate defenses there has been much disagreement on the defense as defined by different municipal legal system. The ICTY an ICC definition of mental incapacity are broadly state, without any prospectively applied categorical exclusion one response to procedural difficulty might be through a change in the substantive law that narrows the definition of mental in capacity. International criminal court has been confused between excuse and justification within defense of mental incapacity thus, such difficult led to differentiate sentence in some cases, which this question will be contrary to criminal justice.

  17. Neuroethics: the ethical, legal, and societal impact of neuroscience.

    Science.gov (United States)

    Farah, Martha J

    2012-01-01

    Advances in cognitive, affective, and social neuroscience raise a host of new questions concerning the ways in which neuroscience can and should be used. These advances also challenge our intuitions about the nature of humans as moral and spiritual beings. Neuroethics is the new field that grapples with these issues. The present article surveys a number of applications of neuroscience to such diverse arenas as marketing, criminal justice, the military, and worker productivity. The ethical, legal, and societal effects of these applications are discussed. Less practical, but perhaps ultimately more consequential, is the impact of neuroscience on our worldview and our understanding of the human person.

  18. A Bermuda Triangle?
    Balancing Protection, Participation and Proof in Criminal Proceedings affecting Child Victims and Witnesses

    Directory of Open Access Journals (Sweden)

    Annemarieke Beijer

    2011-10-01

    Full Text Available Since the adoption of the UN Convention of the Rights of the Child in 1989, the right to participation has been recognised internationally as one of the general principles of children's legal status. It adds a new dimension to the existing and already problematic balance between the protection of the child victim and witness on the one hand and the fairness of the criminal proceedings on the other. In this article, we focus on the position of the child victim and witness in criminal proceedings and the complexity of the different roles he or she plays in this specific legal context, especially in child abuse cases: the child victim and witness that needs to be protected, the child as a vital source of information to the judicial authorities and the child as a person under the age of eighteen who has the right to participate. After having explored the meaning of the right to participate and its consequences for the way criminal proceedings should be conducted, we will address the position of the child witness in Europe and the United States of America. The rules and regulations regarding child witnesses in these two regions are based on different premises as do their assumptions on how to acquire the most reliable testimony. This article aims to clarify these premises in order to define the biggest challenges regarding the implementation of the right to participation of child victims and witnesses in criminal proceedings.

  19. 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.

  20. Crime and Criminals in Trabzon: Reflections on a Consular Repor

    Directory of Open Access Journals (Sweden)

    Edip ÖNCÜ

    2017-12-01

    Full Text Available Especially since 1960s social and economic history began to challenge the long-contested supremacy of political history in history studies. Trending social and economic historians who based their explanations of Ottoman history and Modern Turkey mostly on structuralism and Marxist theory, tried to seek the causes of the disintegration of the Ottoman Empire in certain social and economic factors giving the same universal results. This approach, while useful, had its weakness in it as it cannot answer why certain conditions do not produce the same results in different cultures and places. This study, although it delves into legal and political issues connected to social and economic conditions in an Ottoman province in fin de siecle, refrains from sticking to a single theory. Instead, this short paper aims at interpreting the concepts of “crime” and “the criminal” in respect to the perception of social justice cross-referencing several disciplines such as social psychology, law and economy with reflections on the Republican Turkey. The essay first analyses the etiology of crime and criminal in the conceptual framework of human nature and moral conscience without falling into the trap of historical determinism. Then, it proceeds into a historical context where a certain British consul, Alfred Biliotti reported his reflections in an integral province of the Ottoman Empire, Trabzon right after the legal reforms of 1879. His invaluable and insightful reports provide the connection with the first part of the essay to demonstrate the real reasons behind increasing crime rates that endured right into the Republican times. The study has its limitations in terms of the primary documents used. Among numerous reports of Biliotti investigated, only the ones that directly deals with the conceptual framework is used. Same concern was in effect when keeping the sociological and legal definitions conscise.