Fitness to stand trial and criminal responsibility assessments: Advocating for changes to the Canadian criminal code.

2019 ◽  
Vol 60 (3) ◽  
pp. 148-154
Author(s):  
Ronald Roesch ◽  
Joanna Hessen Kayfitz ◽  
Margo C. Watt ◽  
Barry S. Cooper ◽  
Laura S. Guy ◽  
...  
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Fitness To Stand Trial ◽  
Canadian Criminal Code

The Impact of Canadian Criminal Code Changes on Remands and Assessments of Fitness to Stand Trial and Criminal Responsibility in British Columbia

1997 ◽  
Vol 42 (5) ◽  
pp. 509-514 ◽  
Author(s):  
Ronald Roesch ◽  
James RP Ogloff ◽  
Stephen D Hart ◽  
Rebecca J Dempster ◽  
Patricia A Zapf ◽  
...  
Keyword(s):  
British Columbia ◽  
Criminal Responsibility ◽  
Average Length ◽  
Criminal Code ◽  
Fiscal Year ◽  
Future Research ◽  
Fitness To Stand Trial ◽  
Not Criminally Responsible ◽  
C 30 ◽  
The Impact

Objective: To evaluate the impact in British Columbia of the 1992 Criminal Code of Canada amendments dealing with remands for fitness to stand trial and not criminally responsible on account of mental disorder (NCRMD) assessments. Method: Information on 620 remands for evaluation of fitness to stand trial and/or NCRMD were collected from a sample obtained in British Columbia from 1992 to 1994. The data collected included length of remand order, length of evaluation, criminal charges, psychiatric diagnoses, and the decisions about fitness or NCRMD. Results: Remands increased by about 20% in a 1993–1994 fiscal year compared with the previous year. The majority of evaluations continue to be conducted in an inpatient facility. The goal of a 5-day evaluation period is rarely met: only 12.5% of inpatients were released within 5 days of admission, and the average length of evaluation was about 3 weeks. The use and success of the NCRMD defence appears to be on the rise. In addition, there were some striking differences in remands from metropolitan and nonmetropolitan areas in terms of rates of referral and recommendations of unfitness or NCRMD. Conclusion: Results indicated that Bill C-30 has not yet had the anticipated impact on remands as inpatient evaluations continue to be the norm and evaluations typically take several weeks. Suggestions for policy reform and future research are presented.

CRIMINAL RESPONSIBILITY FOR LEGALIZATION OF CRIMINAL INCOME: TO THE QUESTION OF THE SUBJECT OF CRIMINAL INFRINGEMENT

2020 ◽  
Vol 1 (3) ◽  
pp. 102-107
Author(s):  
Yu. S. ZHARIKOV ◽  
◽  
MAHIR BAYRAM OGLU AHMEDOV ◽  
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Subject

The article focuses on the characteristics of the subject of crimes under Art. 174.1 of the Criminal Code. Based on the analysis of applicable international, domestic and foreign legislation, as well as materials of judicial practice, the author determines the essential features of property acquired by a person as a result of a crime.

ANALISIS YURIDIS TINDAK PIDANA PENGGELAPAN YANG TIMBUL DARI HUBUNGAN SEWA MENYEWA MOBIL DIKAITKAN DENGAN PASAL 372 KUHP

2016 ◽  
Vol 2 (2) ◽  
pp. 201-216
Author(s):  
Hurip Agustina ◽  
Dadang Suprijatna ◽  
Aal Lukmanul Hakim
Keyword(s):  
Rule Of Law ◽  
Criminal Responsibility ◽  
Bottom Layer ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
The Public ◽  
Criminal Offenses ◽  
Car Rental

Crime embezzlement car rentals are lately often devastating car rental owner. This is an issue where the meaning of a rule of law if the crime committed community can not be followed by the rule of law, such as crimes by way of evasion is one of the types of crimes against human wealth which is stated in Article 372 of the Criminal Code, which is a crime that does not exist inexhaustible, both from the bottom layer to the top layer of society can also be committing a criminal act embezzlement is a crime that originated from the existence of a trust in others, and that trust is lost because of the lack of an honesty. It is stated that the crime of embezzlement have a problem that is closely linked to attitudes, moral, mental, honesty and trust humans as individuals. The purpose of this study are as follows: 1) To determine and analyze the occurrence of the crime of embezzlement car rental. 2) To know and analyze the application of Article 372 of the Criminal Code the crime of embezzlement in the rental car. 3) To know and analyze the efforts of the police in preventing crime of embezzlement car lease. This study uses normative juridical approach that is used to make the description clear, systematic, transparent and precise about the facts / specific nature of the area and population which is then analyzed to obtain the desired facts. Criminal offense embezzlement rental car can be imprisoned if they meet the overall elements of the offenses charged by the public prosecutor and the offender accountable for his actions. If the offender does not meet one of the elements of which the accused, then it can not be convicted. The elements of criminal responsibility are: 1) committing illegal or criminal acts; 2) for the criminal should be able to be responsible; 3) to have a fault; 4) absence of an excuse. The conclusion from this study is the adoption of Article 372 of the Criminal Code in criminal offenses of embezzlement car rental where the incidence of criminal acts committed tenants for the rented goods belonging to the owner of the rental rights because of misuse or abuse of trust in which the crime of embezzlement are set in the provisions of Article 372 of the Criminal Code.

Moral and Criminal Responsibility in Plato'sLaws

2009 ◽  
Vol 103 (3) ◽  
pp. 456-473 ◽  
Author(s):  
LORRAINE SMITH PANGLE
Keyword(s):  
Restorative Justice ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Practical Work ◽  
The Political ◽  
Retributive Punishment ◽  
Ordinary Citizens

In his most practical work, theLaws, Plato combines a frank statement of the radical Socratic thesis that virtue is knowledge and vice involuntary with a prudential acceptance of the political community's need for retributive punishment. This paper examines theLaws'statements of principle regarding responsibility and punishment and compares these with the actual criminal code proposed in Book 9. The result is to show how a radical philosophic insight can be adapted to make ordinary citizens more gentle, thoughtful, and humane without sapping their moral commitments. Lessons are drawn from theLawsfor the contemporary restorative justice movement.

Capacity to Stand Trial: Pitfalls of Legal Interpretation

1994 ◽  
Vol 39 (2) ◽  
pp. 113-115 ◽  
Author(s):  
David M., Greenberg
Keyword(s):  
Functional Capacity ◽  
Subject Matter ◽  
Criminal Code ◽  
Best Interests ◽  
Psychotic Symptoms ◽  
Legal Interpretation ◽  
Fitness To Stand Trial ◽  
The Subject ◽  
Court Of Appeal

Legally, the concept of fitness to stand trial is fixed and absolute. Psychiatrists view fitness as a homeostatic functional capacity. The Ontario Court of Appeal recently set a precedent (Queen versus Taylor) for a standard of fitness to stand trial by interpreting the criteria for unfitness as defined in terms of Section 2 of the Criminal Code. They held that only a factual understanding of these criteria is required by the courts. A person suffering from acute psychotic symptoms with delusions which relate to the subject matter of the trial, who act contrary to their best interests and who are disruptive in their behaviour to the orderly flow of the trial may still fulfill the criteria for fitness to stand trial. The writer illustrates some important implications of this decision and suggests recommendations to current legal interpretations of a clinical capacity.

scholarly journals Concept Of Criminal Liability Of Notary Law In Deed Making Based On Perjury

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 675
Author(s):  
Ailina Rahmanita Fauzi ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Criminal Code ◽  
Primary Data ◽  
Element Formulation ◽  
False Information ◽  
Civil Suit

Purpose research These are 1) To analyze the concept of criminal responsibility notary law in the deed that is based on false information. 2) To analyze the legal consequences of the deed notary Based on False Information.The method used by researchers is Empirical Juridical (socio legal research)and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from field studies with an interview with a notary in Grobogan. And secondary data obtained from the study of literature. This study uses qualitative data analysis Based on the results of research that 1) Notaries can not be held criminal liability associated with the manufacture of the deed (partijnakten) based on false information, and can not meet the crime of counterfeiting element formulation in Article 266 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code. 2) However, the notary can be held criminal liability against relaas deed or deed of officials (ambtelijke akten) if deliberate or careless notary make a fake deed to the detriment others. That made base on notary deed against false information does not in itself result in the deed null and void. The aggrieved party to the existence of the deed as it should file a civil suit to the court to cancel the deed.Keywords : Concept of Law; Criminal Responsibility; Notary; Deed; Specification False

scholarly journals The Establishment of Criminal Responsibility for Retail Sale of Alcoholic Products to Minors: An Analysis of the Feasibility

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 150-158
Author(s):  
K. V. Dyadyun
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Integrated Approach ◽  
Criminal Code ◽  
Retail Trade ◽  
Retail Sale ◽  
Existing Problems ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation

The paper analyzes the objective and subjective features of article 151.1 of the Criminal Code of the Russian Federation. The problems of interpretation and application of this norm are investigated, taking into account the goals and objectives underlying its creation. Special legislation regulating the sphere under study is considered. The studied imperfections of regulation of the subject of the crime (the relationship between the concepts of alcoholic and alcohol-containing products), problems of distinguishing acts from related compounds (article 151 of the Criminal Code), the complexity of the classification. The analysis of crime-forming features is presented: "repeatability", "retail", and "sale". Imperfections of the legislative and law enforcement approach in this aspect are revealed. In particular, the key features and correlation of the concepts of wholesale and retail trade are analyzed; the problems of assessing what was done with remote methods of selling alcohol; the content aspects of the categories "duplicity and repetition" in the context under study. The question of the expediency of replacing the term "sale" with "illegal sale" in the disposition of article 151.1 of the Criminal Code of the Russian Federation is studied. The regulation of features of the subject of the studied elements is considered, and existing problems are identified. The question of the expediency of norms with administrative prejudice in the criminal law was raised. Some problematic aspects of sentencing for retail sale of alcoholic products to minors are identified; and issues of establishing the subjective side of the elements. The paper analyzes the opinions of various authors regarding the possibility of improving the norm of article 151.1 of the Criminal Code of the Russian Federation, taking into account the study of statistical data and materials of judicial practice. The author indicates the need for an integrated approach in the fight against alcohol abuse among young people. The conclusion is presented regarding the validity of the existence of the studied norm in the Criminal Code of the Russian Federation in the current version.

scholarly journals L’alcool au volant, c’est criminel depuis 1921 !

Criminologie ◽  
2005 ◽  
Vol 22 (1) ◽  
pp. 9-26
Author(s):  
Pierre Landreville ◽  
Chantal Lavergne
Keyword(s):  
Statistical Data ◽  
Reliability And Validity ◽  
Drunk Driving ◽  
Criminal Code ◽  
Driving Under The Influence ◽  
Impaired Driving ◽  
Canadian Criminal Code ◽  
The Law

Bill C-51 passed by the Canadian Parliament in 1985 and the publicity surrounding this legislation led many people to believe that a new crime regarding impaired driving had been created. This Bill, however, was to simply increase the penalty for drunk driving in the case of a first conviction. In fact, the penal solution to the “problem” of drunk driving is not new; in 1921 the offence of impaired driving was first introduced into the Code. This article examines the evolution of the prohibition of driving under the influence of alcohol in the Canadian Criminal Code and the enforcement of this law in Canada, in Quebec and in Ontario from 1921 to 1973. The first part presents the evolution of legislation concerning impaired driving. It goes through six important phases and covers the period from 1921 to 1973. The second part presents the statistical data used in our study. We also consider the reliability and validity of the data used. In the last part, we analyze the implementation of the law on infractions relating to drunk driving in a state of drunkeness indictable offence and summary conviction offence driving under the influence of alcohol or a drug (indictable offence and summary conviction offence), and finally, refusal to furnish a sample of breath (summary conviction offence). In conclusion, we present several recommendations based on the results of our analysis.

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