An attempted dimensional analysis of the law governing government appeals in criminal cases

1989 ◽  
Author(s):  
S. Mendelson
Keyword(s):  
Dimensional Analysis ◽  
Criminal Cases ◽  
The Law

中國大陸內幕交易法介紹與刑事處罰實證研究：1997－2019

2021 ◽  
Vol 22 (22) ◽  
pp. 103-185
Author(s):  
林建中 林建中 ◽  
李揚 李揚
Keyword(s):  
Empirical Study ◽  
Insider Trading ◽  
Empirical Investigation ◽  
Criminal Cases ◽  
Relevant Research ◽  
Securities Law ◽  
Comprehensive Picture ◽  
The Law ◽  
The Relationship

內幕交易罪的處理，在證券法的發展歷史中，一直具有理論與實務上之重要意義。此一問題，在中國大陸相對初生但生猛且量體巨大的市場環境中如何被面對，從理論與比較法觀點，均具備特殊的研究價值。立法層面上，中國大陸法對於內幕交易的實體法構成，經二十多年的持續發展，已呈現出一定的複雜與完整面貌。然就執行層面視之，法院對於條文的理解與具體適用仍存在諸多爭議之處，同時，相關實證統計等資料的缺乏，也成為執行層面上對內幕交易罪研究的主要障礙之一。基於上述認識，本文立足於內幕交易刑事處罰執行層面的觀察，試圖呈現相關法律設計在中國大陸的司法實踐現狀。並通過1997年立法以來法院判決的實證研究，本文除一般性地檢驗內幕交易的執法情況外，同時針對法院在解釋犯罪構成上所呈現的爭議，進行進一步的評估。文中依照觀察面向的差異，特別鎖定三個重要的子議題：內幕信息的類型及其認定、被告「知悉」的司法判準、刑事處罰的比例性在內幕交易罪中的運用與體現。以上述實證研究結果為基礎，本文擬對於中國大陸內幕交易罪之司法執行效力提出評估，同時也補充性地可提供臺灣一定之參考。Insider trading has long been recognized as one of the key elements in modern securities law. As a massive but relatively young market, how China handles this issue is a topic rich in comparative value. On its face, the law and regulations prohibiting insider trading in securities transactions have already in place for more than two decades. However, their actual implementation, as well as how courts interpret the elements of insider trading offense in cases, are still obscure to outside observers. The lack of in-depth empirical investigation in its enforcement further creates an extra layer of complexity to the relevant research. Due to the problems mentioned above, this paper conducts an empirical study of the insider trading criminal cases, ranging from 1997 to 2019, to examine how insider trading cases are enforced in China. By observing the actual cases and their attributes, this paper presents a comprehensive picture of who commits insider trading law in China and how courts decide these cases. Three sub-set issues of the implementation are under special scrutiny:types of information and defendants; standard of proving defendant's scienter; and the relationship between sanction and illegal gain. Based on the results of this study, we evaluate the effectiveness of the enforcement on insider trading law in China in its first two decades of existence.

Criminal Litigation

2021 ◽  
Author(s):  
Lisa Mountford ◽  
Martin Hannibal
Keyword(s):  
Case Studies ◽  
Legal Practice ◽  
Criminal Cases ◽  
Realistic Case ◽  
Online Documentation ◽  
The Law

Criminal Litigation offers a guide to the areas of criminal litigation covered in the Legal Practice Course. Making use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages a focus on putting knowledge into a practical context. The volume covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using diagrams, flowcharts, and examples, while potential changes in the law are highlighted. This edition has been fully revised to reflect the most recent law and practice in all aspects of criminal litigation.

scholarly journals Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)

2020 ◽  
Vol 3 (1) ◽  
pp. 78-84
Author(s):  
Akalafikta Jaya ◽  
Triono Eddy ◽  
Alpi Sahari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Liability ◽  
Criminal Case ◽  
Criminal Cases ◽  
Criminal Convictions ◽  
Criminal Offenses ◽  
The Law

In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.

13. Detecting and prosecuting computer crime

2017 ◽  
Author(s):  
Ian J. Lloyd
Keyword(s):  
Computer Crime ◽  
Criminal Cases ◽  
The Law

This chapter discusses the detection and prosecution of computer crime. It covers the law on intercepting content and communications data; the extent to which computer evidence might be admitted in criminal cases; jurisdictional issues, that is, the perpetrator of the conduct and the victim computer may be located within different jurisdictions; and extradition.

Criminal Litigation 2017-2018

2017 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Case Studies ◽  
Legal Practice ◽  
Criminal Cases ◽  
Realistic Case ◽  
Online Documentation ◽  
The Law

Criminal Litigation offers a guide to the areas of criminal litigation covered in the Legal Practice Course. Making use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages a focus on putting knowledge into a practical context. The volume covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using diagrams, flowcharts, and examples, while potential changes in the law are highlighted. This edition has been fully revised to reflect the most recent law and practice in all aspects of criminal litigation.

Wills on the Law of Evidence in Civil and Criminal Cases

1940 ◽  
Vol 3 (2) ◽  
pp. 452
Author(s):  
Bora Laskin ◽  
J. D. Finlaison
Keyword(s):  
Criminal Cases ◽  
The Law ◽  
Law Of Evidence

scholarly journals Sticking to the Old Ways in the Plea-Bargaining Process: Some evidence from Malaysia

2020 ◽  
Vol 5 (SI1) ◽  
pp. 225-230
Author(s):  
Zaiton Hamin ◽  
Mohd Bahrin Othman ◽  
Ahmad Ridhwan Abd Rani
Keyword(s):  
Qualitative Methodology ◽  
Publishing House ◽  
Secondary Data ◽  
Criminal Procedure ◽  
Plea Bargaining ◽  
Primary Data ◽  
Criminal Cases ◽  
Bargaining Process ◽  
International Publishing ◽  
The Law

In Malaysia, the plea-bargaining process was formalized in 2010 with the amendment to the Criminal Procedure Code 1976, which was intended to reduce the number of criminal cases that could be resolved at the pre-trial stage. However, the law in action does not appear to be in line with the law in the statute book. Hence, this paper aims at examining the reality of the plea-bargaining process and the extent of the applications in Malaysia. This paper adopts a qualitative methodology, of which the primary data is obtained from semi-structured while the secondary data obtained from library-based sources.    Keywords: Plea-Bargaining Process; Criminal Procedure; Prosecutor; Defence Counsel.    eISSN: 2398-4287 © 2020. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.   DOI: https://doi.org/10.21834/ebpj.v5iSI1.2324

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