False victimization syndrome

2011 ◽  
Vol 152 (14) ◽  
pp. 559-568
Author(s):  
Mária Resch ◽  
Tamás Bella
Keyword(s):  
Law Enforcement ◽  
Criminal Psychology ◽  
The Other ◽  
Significant Part ◽  
The Real ◽  
The Third ◽  
Third Millennium ◽  
The Media ◽  
Crime And Deviance ◽  
The Law

Criminology and criminal-psychology are sciences dealing mostly with the personality of the criminals as well as the interconnections of crime and deviance. The other player of the crimes – the victim - has recently come into focus posing the question why and how somebody is becoming a victim, and what effect can the victim have when the crime is being committed. The first international publications appeared at the beginning of the third millennium on so-called victims who are convinced to suffer from material, moral or other damages and, accordingly, who would pursue “justice” at any rate. They often appeal against decisions. Considering these facts the procedures are rather thorough and circumspect. A significant part of the law-enforcement staff is heavily involved for long periods. On the other side there is the person considered criminal being actually the real victim. These people are getting alienated from the society because of their reckoned deeds and, because of the distorting influence of the media they are condemned morally. The present study describes the syndromes of fake-victim, their occurrence as well as psychiatric considerations, social appearance and impact. Authors are drawing attention to the medical-legal existence of the problem as well as its existence. Orv. Hetil., 2011, 152, 559–568..

The Law Enforcement Weakness of Songs and Musics Copyright Crimes

2021 ◽  
Vol 3 (1) ◽  
pp. 139-154
Author(s):  
Edi Tuahta Putra Saragih ◽  
Muhammad Citra Ramadhan ◽  
Isnaini Isnaini
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Cultural Factor ◽  
Legal Research ◽  
The Real ◽  
The Law ◽  
Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 

scholarly journals Actuaciones y argumentaciones umbrosas (A propósito de una STS del Pleno de la Sala de lo Contencioso-Administrativo)

2017 ◽  
pp. 293-322
Author(s):  
Juan IGARTUA SALAVERRÍA
Keyword(s):  
The Other ◽  
General Council ◽  
The Real ◽  
The Third

LABURPENA: Garrantzitsua da modu onek gida dezatela gure erakundeen funtzionamendua, alde batetik jarduera ilunak eta, bestetik, tratu bereiziak saihestuz. Iruzkingilearen iritziz, bi betekizun horiek ez dira behar bezala errespetatu ez Auzitegiko epaiketan amaitu zuen benetako historian, ez historia horretaz arduratu zen epaiketaren epaian. Kritikagarriak dira bai jokaera batzuk (Botere Judizialaren Kontseilu Nagusiaren barruan gertatutakoak), bai arrazoiketa ugaritan edukitako antzeko jarrera (3. salarena). Hori guzti hori, Kontseiluko Batzorde Iraunkorra berritzeko akordioaren harira eta Administrazioarekiko Auzien Salaren aurrean inpugnatu ostean. RESUMEN: Importa que las buenas maneras presidan el funcionamiento de nuestras instituciones evitando —por un lado— las oscuras actuaciones y los desiguales tratos —por el otro—. En opinión del comentarista, ambos requisitos no han sido convenientemente respetados ni en la historia real que desembocó en el juicio ante el Tribunal ni en la sentencia de éste que se ocupó de aquélla. Criticables algunos comportamientos (en el seno del CGPJ) y actitud nada equidistante (de la Sala 3ª) en no pocos de sus razonamientos. Todo ello con ocasión del Acuerdo para renovar la Comisión Permanente del Consejo y de su posterior impugnación ante la Sala de lo Contencioso-Administrativo. ABSTRACT: Good manners matter when presiding over the functioning of our institutions by avoiding —on one side— shady dealings and unequal treatments —on the other—. In the opinion of the commentator, both requirements have not been duly respected nor in the real story that led in the trial before the Court nor in the ruling by this latter when dealing with the former. Objectionable as they were some behaviors (within the General Council of the Judiciary) and with a non equidistant attitude (by the Third chamber) in many of its reasonings. All of it at the time of the Agreement to renew the Permanent committee of the Council and its posterior challenge before the Contentious-Administrative chamber.

Իրավունքի և օրենքի կոլիզիաները իրավունքի փիլիսոփայությունում

2021 ◽  
pp. 64-85
Author(s):  
Artur Ghambaryan
Keyword(s):  
Law Enforcement ◽  
Natural Law ◽  
Point Of View ◽  
The Other ◽  
Scientific Methods ◽  
Legislative Policy ◽  
The Law ◽  
Law And Justice ◽  
The One ◽  
Legal Understanding

The aim of the article is to reveal the collisional relationship between justice and the law in the philosophical dimension. The main objectives of the article are to analyze the contradictions between law from the point of view of broad legal understanding, as well as the answer to the question of how law enforcement agent should act if, in solving a specific case, an outrageous contradiction between law and justice is encountered. The author used a number of scientific methods, in particular, historical-legal-comparative methods. The author concludes that supporters of a broad legal understanding consider the issue of contradiction between law mainly from the point of view of legislative policy, however, they do not discuss the issue of how the law enforcement agent should act when an obvious contradiction between law is encountered in a particular case. In the article the sayings «dura lex sed lex» (The law [is] harsh, but [it is] the law) and «lex iniusta non est lex» (An unjust law is no law at all) are considered in the dimensions of the legalism and natural law. The author concludes that the Radbruch formula is an exception to the saying «dura lex sed lex» (The law [is] harsh, but [it is] the law), which has undergone practical approbation. On the one hand, this resolution values the certainty and stability of the law, and on the other hand, it protects the person (society) from the unjustly shouting unjust laws.

Subsidies for Illegal Activities?—Reframing IUU Fishing from the Law Enforcement Perspective

2019 ◽  
Vol 22 (3) ◽  
pp. 417-438
Author(s):  
Jaemin Lee
Keyword(s):  
Law Enforcement ◽  
The Real ◽  
The Core ◽  
Iuu Fishing ◽  
The Law ◽  
Illegal Activities ◽  
Fisheries Subsidies ◽  
Real Challenge ◽  
Laws And Regulations

ABSTRACT Fisheries subsidies norms and discussions at present are based on the subsidy framework under the Agreement on Subsidies and Countervailing Measures. This approach is pertinent vis-à-vis various types of governmental subsidies provided to fisheries industries. It, however, fails to tackle illegal, unreported and unregulated (IUU) fishing, one of the core targets of the fisheries subsidies norms, because few governments ‘subsidize’ illegal activities such as IUU. As far as IUU fishing is concerned, the real challenge is not about subsidies but about how to enforce domestic laws and regulations to punish owners, operators, and fishermen engaged in such illegal activities. Future discussion of fisheries subsidies norms regarding IUU should reflect the law enforcement aspect in addition to the present subsidy aspect.

Some Remnants of Ancient Laws in the Deuteronomic Code

1974 ◽  
Vol 9 (3) ◽  
pp. 346-351 ◽  
Author(s):  
Yair Zakovitch
Keyword(s):  
The Other ◽  
Short Article ◽  
The Third ◽  
Other Hand ◽  
The Law ◽  
The Temple ◽  
Deuteronomic Code ◽  
Comprehensive Study

This short article deals with two of the Deuteronomic laws: the law of the tithe (Deut. 14:22–28; 26:12–16) and the law of the Hebrew slave (Deut. 15:12–18). It is not intended to present a comprehensive study of these two laws, but to limit the investigation to the uncovering of those ancient laws referred to only by the author of Deuteronomy and not by the authors of the other Biblical codes, including that of the Covenant Code.I.Bashanah hashlishit shnat hama'asar“in the third year, which is the year of tithing” (Deut. 26:12).The reader of the law of the declaration of the tithe will quickly discern a contradiction: the tithe of the third year is given to the Levite, sojourner, orphan, and widow,bisharekha, literally, “within your gates” (within which there are no cultic places according to the laws of Deuteronomy—Deut. 26:2b). On the other hand, the tithe is declared in the Templelifnei adonai“before the Lord” (Deut. 26:1s). Another surprising point is that the law creates an impression of unfamiliarity with the annual tithe. Apparently, only the triennial tithe is known: “in the third year, which is the year of tithing”.

The Development of Embossed Goldwork in Bronze Age Europe

2000 ◽  
Vol 80 (1) ◽  
pp. 27-65 ◽  
Author(s):  
Stuart Needham
Keyword(s):  
Bronze Age ◽  
The Other ◽  
Early Bronze Age ◽  
Small Scale ◽  
Time And Space ◽  
Parallel Development ◽  
The Third ◽  
Third Millennium ◽  
Third Millennium Bc ◽  
Craft Skills

The discovery of a pair of armlets from Lockington and the re-dating of the Mold cape, add substance to a tradition of embossed goldworking in Early Bronze Age Britain. It is seen to be distinct in morphology, distribution and decoration from the other previously defined traditions of goldworking of the Copper and Early Bronze Ages, which are reviewed here. However, a case is made for its emergence from early objects employing ‘reversible relief to execute decoration and others with small-scale corrugated morphology. Emergence in the closing stages of the third millennium BC is related also to a parallel development in the embossing of occasional bronze ornaments. Subsequent developments in embossed goldwork and the spread of the technique to parts of the Continent are summarized. The conclusions address the problem of interpreting continuity of craft skills against a very sparse record of relevant finds through time and space.

The Charter of Economic Rights and Duties of States and the Deprivation of Foreign-Owned Wealth

1981 ◽  
Vol 75 (3) ◽  
pp. 437-475 ◽  
Author(s):  
Burns H. Weston
Keyword(s):  
Franz Kafka ◽  
The Other ◽  
Economic Rights ◽  
The Third ◽  
The Law ◽  
The Moment

In a parable drawn from The Trial, Franz Kafka once etched the following chilling profile: Before the Law stands a doorkeeper on guard. To this doorkeeper there comes a man from the country who begs for admittance to the Law. But the doorkeeper says that he cannot admit the man at the moment. The man, on reflection, asks if he will be allowed, then, to enter later. “It is possible,” answers the doorkeeper, “but not at this moment.” Since the door leading into the Law stands open as usual and the doorkeeper steps to one side, the man bends down to peer through the entrance. When the doorkeeper sees that, he laughs and says: “If you are so strongly tempted, try to get in without my permission. But note that I am powerful. And I am only the lowest doorkeeper. From hall to hall keepers stand at every door, one more powerful than the other. Even the third of these has an aspect that even I cannot bear to look at.” These are difficulties which the man from the country had not expected to meet; the Law, he thinks, should be accessible to every man at all times….

III. On the conductivity of mercury and amalgams

1860 ◽  
Vol 10 ◽  
pp. 14-16
Keyword(s):  
The Other ◽  
Warm Water ◽  
The Real ◽  
The Law ◽  
Theory And Experiment ◽  
As If

The object of the researches described in this paper, was to carry out with reference to amalgams the investigations relative to alloys contained in a former paper. In comparing the results of theory and experiment in the manner followed in the former paper, the conducting power of mercury itself was a constant, which it was essential to know. The figure given in the former paper was mercury = 677, on the scale silver = 1000. On adopting in the first instance this value of the conducting power of mercury, the results obtained with alloys, which consisted mainly of mercury, appeared very anomalous; it seemed as if a very small per-centage of even the best conducting metals reduced immensely the conducting power of mercury. But it was suggested to the authors, that the apparently high conducting power of mercury obtained by their method, was probably due to the transference of heat by convection; that the real conducting power of mercury for heat was low, like its conducting power for electricity; that the other metal, contained in small quantity in the amalgam, acted by rendering the amalgam viscous, and thereby interfering with the transference of heat by convection, and that the low conducting power of mercury would show itself on merely inclining the vessel used in the experiment, so that the box containing the warm water should be higher than the other. Experiment confirmed this view. As the apparent conducting power of mercury was found continually to decrease with an increase in the inclination of the vessel, it was found necessary, in order to obtain correct results, to arrange so that the bar-shaped box containing the mercury or fluid amalgam was actually vertical in the experiment. In this way the authors obtained for mercury the figure 54, on the same scale as before. It is worthy of remark, that mercury comes out the worst conductor of all the metals tried, the figure for bismuth, which had previously been the lowest, being 61. This is in analogy with water, also a fluid, the conducting power of which is known to be excessively low. The conducting power of the more fluid amalgams determined by experiment with the box vertical, proved to be in all cases nearly the same as that of pure mercury, in conformity with the law mentioned by the authors in their former paper, that alloys in which there is an excess of the number of equivalents of the worse conducting metal, over the number of equivalents of the better conductor, do not sensibly differ in conducting power from the worse conductor alone. In the case of amalgams generally, the conducting power obtained by experiment was found to agree pretty closely with the number calculated from the per-centages and conducting powers of the component metals.

Declarations, Statements and ‘Disguised Reservations’ with Respect to the Convention on the Law of the Sea

2001 ◽  
Vol 50 (4) ◽  
pp. 767-786 ◽  
Author(s):  
L. D. M. Nelson
Keyword(s):  
United Nations ◽  
International Law ◽  
The Other ◽  
Law Of The Sea ◽  
Vienna Convention ◽  
Controversial Issues ◽  
Customary International Law ◽  
The Third ◽  
The Law ◽  
The One

The question of reservations was one of the ‘controversial issues’ facing the Third United Nations Conference on the Law of the Sea in drawing up the final clauses of the Convention. On the one hand it was argued that the integrity of the Convention must be safeguarded and that the ‘package deal’ must be protected from possible disintegration by the making of reservations. On the other hand the view was held that ‘allowance for the possibility of reservations is aimed at accommodating the views of the delegations who have maintained that they cannot become parties to the Convention unless the Convention permits them to exercise a right to enter reservations, in accordance with customary international law and as envisaged under the Vienna Convention on the Law of Treaties.’ In short the need to preserve the integrity of the Convention was pitted against the need to secure universal participation in the Convention.

scholarly journals Role of the Plenum of Russian Supreme Court in the judicial practice formation

2022 ◽  
Vol 5 (4) ◽  
pp. 209-225
Author(s):  
Yu. S. Pestereva ◽  
I. G. Ragozina ◽  
E. I. Chekmezova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Complex Analysis ◽  
The Other ◽  
Judicial Discretion ◽  
Dialectical Theory ◽  
Judicial Practice ◽  
Other Hand ◽  
The Law

The subject. The article considers the role of the Plenum of Russian Supreme in forming judicial practice on the example of giving qualification to the crimes committed against sexual freedom and inviolability, as well as against property and public health.The objective of the article is to conduct a complex analysis of the function of the decisions, taken by the Plenum of Russian Supreme Court, in the formation of a unified vector of judicial practice. The authors dare to refute the hypothesis hat judicial practice can be recognized as a source of law.The methodological basis of the research is the dialectical theory of development and interrelation of phenomena. Historical, formal-logical, systematic methods of knowledge have been identified as relevant to the topic of the study.The main results, scope of application. The authors draw attention to the problem of evaluative features used in the process of law enforcement when interpreting the norms of the Special Part of the Criminal Code of the Russian Federation. A norm with such signs acquires an unformalized essence from the point of view of the boundaries of criminalization of a particular phenomenon. On the other hand, the nature of crimes is so diverse that without the flexibility of criminal law regulation (allowing the use of evaluative features), the application of the norm taking into account specific circumstances in a particular case may not be possible. The authors also consider issues related to the characteristics of the objective side, the end time of these crimes, the application of the formula of a single ongoing crime and its separation from related compounds. The process of law enforcement is based on such guidelines as the norms of law, judicial discretion, established judicial practice, the position of the Plenum of Russian Supreme Court. Attributing an explanatory role to the decisions of the Plenum of Russian Supreme Court does not completely eliminate the shortcomings inherent in legal technology. Correcting the current situation with the help of judicial discretion is not always justified, since this is possible only if there is a legitimate alternative. Assigning the status of a precedent to a judicial decision may lead to the substitution of the law by decisions taken in a particular case.Conclusions. The judicial practice concerning these issues is completely different. Despite the existence of similar situations, courts, as a rule, qualify an offense using various norms of the law, which negatively affects compliance with the principle of legality. The issue related to the function of the decisions of the Plenum of Russian Supreme Court in the formation of a single vector of judicial practice has been and remains debatable. The continued addition of new articles to criminal legislation, on the one hand, indicates the desire of the legislator to bring it to perfection, but, on the other hand, forms a mechanism for clarifying the rules of its application, which sometimes leads to their contradictory interpretation. At the same time, crime and punishment should be determined only by legislation.

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