Attempted Criminal Offences in Egyptian Criminal Law 'Study and Analysis on How to Apply the General Legal Principles of Therapeutic Jurisprudence (TJ) in Criminal Law Particularly to Attempted Criminal Crimes'

2008 ◽  
Author(s):  
Mohamed A. Arafa, LL.B., LL.M.
Keyword(s):  
Criminal Law ◽  
Therapeutic Jurisprudence ◽  
Legal Principles

Combating Crime in the Digital Age: a Critical Review of EU Information Systems in the Area of Freedom, Security and Justice in the Post-Interoperability Era

2020 ◽  
Vol 2 (4) ◽  
pp. 1-97
Author(s):  
Athina Giannakoula ◽  
Dafni Lima ◽  
Maria Kaiafa-Gbandi
Keyword(s):  
Information Systems ◽  
Criminal Law ◽  
Personal Data ◽  
Essential Elements ◽  
Legal Principles ◽  
Personal Data Protection ◽  
Criminal Procedure Law ◽  
Critical Account ◽  
High Level ◽  
The Eu

Abstract This article provides a systematic and critical account of EU information systems in the area of freedom, security and justice, with the aim of establishing the contemporary links between information sharing and criminal law in the EU and of evaluating its impact on individuals. To this end, Part 1 offers a systemisation and critical assessment of the essential elements of the pertinent systems (ECRIS, ECRIS-TCN, Prüm, PNR, Europol, SIS, Eurodac, VIS, EES, ETIAS) and of the new interoperability regime under Regulation (EU) 2019/818, from the perspective of their objective to prevent and combat serious crime and to ensure a high level of security in the EU. In Part 2 the article explores personal data protection law, police law and criminal procedure law, in order to propose safeguards and limitations for effectively regulating this rapidly evolving framework and addressing the growing challenges for fundamental legal principles and individual rights. In this respect, the authors put forward concrete views and ideas, on the basis of their central suggestion that the issue discussed falls within the context of an emerging precognitive paradigm of criminal law.

Hannah Arendt’s Philosophy of Law Approach to International Criminal Law

2014 ◽  
Vol 14 (4-5) ◽  
pp. 695-716 ◽  
Author(s):  
Peg Birmingham
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Philosophy Of Law ◽  
Legal Principles ◽  
Systematic Philosophy ◽  
The Status ◽  
The Law ◽  
The Difference ◽  
Political Principles

My argument in this article is that Hannah Arendt has a coherent and well-developed, although not systematic, philosophy of law which she brings to the Eichmann trial specifically and to international criminal law generally. In Part One of the article, I lay out Arendt’s philosophy of law, focusing on her account of the difference between the Greek and Roman conceptions of the law, the status of the consensus iuris, and the status of legal principles. Part Two offers a comparison of Arendt’s and Dworkin’s legal and political principles that animate the law. Part Three takes up Arendt’s approach to international criminal law through an analysis of her report of the Eichmann trial, specifically her account of the unprecedented nature of crimes against humanity, the new type of criminal who commits administrative massacres, and the difference between the criminal and the political trial at the international level.

scholarly journals THE LEGAL STRATEGY OF TREATING TELEMATICS CRIMES IN THE FIELD OF ELECTRONIC TRANSACTIONS IN GLOBAL TRADE

2021 ◽  
Vol 8 (3) ◽  
pp. 374
Author(s):  
Dian Alan Setiawan ◽  
Abdul Rohman ◽  
Fabian Fadhly Jambak ◽  
Alfiyan Umbara ◽  
Mia Oktafiani Mulia Oktafiani Mulia
Keyword(s):  
Criminal Law ◽  
Global Trade ◽  
Penal Policy ◽  
Legal Principles ◽  
Electronic Transactions ◽  
Border Trade ◽  
Legal Strategy ◽  
Legal Policies ◽  
Two Stages ◽  
Transaction Activities

Economic globalization that is sweeping the world today began with the development of transportation facilities and cross-border trade. One of the facilities in the internet world to support economic activity is Electronic Transactions. In Indonesia, problems that arise due to the use of transaction media through telematics technology continue without being followed by the existence of laws that regulate it (cyber law). This study aims to determine legal policies against crime in electronic transaction activities in various sources of positive criminal law in Indonesia and to determine strategies for overcoming telematics crimes in the field of electronic transactions in global trade. This research is a normative legal research that is finding a rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. The results of this study explain the legal policy against crime in electronic transaction activities in various sources of positive criminal law in Indonesia carried out in two stages, namely the Applicative Stage and the Formulation Stage and explain the Legal Strategy for Combating Telematics Crime in the Field of Electronic Transactions in Global Trade which is carried out through the Penalty Policy and non-penal policy.

scholarly journals Surgical harm, consent, and English criminal law: When should ‘bad-apple’ surgeons be prosecuted?

2021 ◽  
pp. 096853322110570
Author(s):  
Alexandra Mullock
Keyword(s):  
Criminal Law ◽  
Medical Profession ◽  
Common Law ◽  
Criminal Matter ◽  
Complex Issue ◽  
England And Wales ◽  
Legal Principles ◽  
Valid Consent ◽  
First Time

This article examines the legal principles determining when surgical harm becomes a criminal matter. In England and Wales, and other common law jurisdictions, the criminal law has predominantly concerned itself with fatal medical misconduct via the offence of gross negligence manslaughter. The convictions of two surgeons in 2017 (Ian Paterson and Simon Bramhall), for offences against the person, suggests that police and prosecutors have, for the first time, become willing to prosecute surgeons for non-fatal surgical harm. Understanding when non-fatal surgical harm should be treated as a criminal matter is, however, a complex issue. The medical exception to the criminal law legitimizes consensual and reasonable surgical harm. Thus, the question of what is reasonable and what constitutes valid consent is key to determining the parameters of lawful surgery; however, the principles are perplexing and insofar as they may be agreed and understood, they are arguably unsatisfactory. After examining the cases involving serious surgical harm and analysing the doctrines applied, this article argues for a more patient-centred approach. The focus should be on the nature of the harm to the victim, the behaviour of the dangerous surgeon and whether a violation has occurred, rather than on traditional professional assessments, which are unduly deferential to the medical profession.

Complete Criminal Law

2018 ◽  
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Fully Integrated ◽  
Legal Principles ◽  
Active Approach ◽  
Clear Explanation ◽  
Wide Range ◽  
Moral Context ◽  
Commission Report ◽  
The Law

Complete Criminal Law offers a student-centred approach to the criminal law syllabus. Clear explanation of general legal principles is combined with fully integrated extracts from the leading cases and a wide range of academic materials. This text aims to engage the reader in an active approach to learning and to stimulate reflection about the role of criminal law, offering a complete guide to the LLB/CPE criminal law syllabus with extracts from key cases, academic materials, and explanatory text integrated into a clear narrative. It provides a range of pedagogical features, including concise summaries, diagrams, and examples. Thinking points are included to facilitate and reinforce understanding. Students are referred to the social and moral context of the law, wherever relevant, to encourage them to engage fully with the topical subject matter. This new edition includes coverage of several recent cases of importance including: a more detailed consideration than was possible in the 5th edition of Jogee; Johnson (Lewis) (secondary participation); Johnson (Wayne) (knowledge, strict liability); Golds, Joyce & Kay, Squelch, Wilcocks (diminished responsibility); Meanza (loss of control); Bowler (unlawful act manslaughter); Brandford (duress); Ray (self-defence); the Law Commission report Reform of Offences Against the Person (November 2015).

scholarly journals Perspektif Sanksi Pidana Kurator Menurut Hukum Kepailitan

2021 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Ronald Saija
Keyword(s):  
Criminal Law ◽  
Willingness To Accept ◽  
Legal Principles ◽  
Criminal Sanctions ◽  
The Law ◽  
Criminal Matters ◽  
The Postponement ◽  
Debt Obligation

Introduction: Some bankruptcy cases eventually evolve into criminal matters when a bankruptcy curator who is responsible in handling and administering bankruptcy case is positioned as defendant charged for conducting criminal acts.Purposes of the Research: The purpose of writing is to find out and analyze the perspective of curator criminal sanctions according to bankruptcy law.Methods of the Research: Normative juridical research, namely an approach based on legal materials by examining concepts, legal principles and legislation related to this research.Results of the Research: Criminal sanctions for non-independent curators aimed at preventing the curator from committing criminal acts in the course of the execution of the duty and maintenance tasks. Here, the role of criminal law is as a guardian of the norms that exist in the Law on Bankruptcy related to the duties and responsibilities of the curator. In order for a curator or committee before declaring his willingness to accept the duties and responsibilities of the consequences of the bankruptcy verdict or the postponement of the debt obligation obligation (PKPU) really ensure that he will not commit a disgraceful act of.

Cross-Border Court Jurisdiction and Economic Law Application in Electronic Commerce

2011 ◽  
pp. 255-271
Author(s):  
Takeshi Kawana
Keyword(s):  
Criminal Law ◽  
Legal Issues ◽  
Economic Stability ◽  
Choice Of Law ◽  
International Jurisdiction ◽  
Legal Principles ◽  
Economic Law ◽  
Legal Structure ◽  
National Economic ◽  
Private And Public

The purpose of this chapter is to examine international jurisdiction and choice of law for e-commerce involving economic legal issues. International jurisdiction and choice of law will be determined under private legal principles, but as e-commerce involves economic law as a law to ensure national economic stability, the court may consider economic law with both private and public legal functions. At that time there may be some conflict of law involving state economic policy, and it must be considered how to coordinate the conflict and create a universal legal structure for non-territorial cyberspace. This chapter will propose three layers of legal structure for e-commerce: the private law layer, the economic law layer, and the criminal law layer, all of which have perspectives for borderless cyberspace.

scholarly journals Abigeatus – mājlopu zādzība jeb aizdzīšana – kā noziedzīgs nodarījums pret īpašumu romiešu tiesībās

2021 ◽  
Vol 1 (19) ◽  
pp. 67-75
Author(s):  
Allars Apsītis ◽  
Osvalds Joksts
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Roman Law ◽  
Primary Sources ◽  
Legal Principles ◽  
Current Article ◽  
The Law ◽  
The Republic ◽  
The Impact

Rakstā atspoguļoti atsevišķi rezultāti no autoru realizētās romiešu tiesību pirmavotu izpētes saistībā ar tajos atrodamo informāciju par noziedzīgiem nodarījumiem pret īpašumu, kas mūsdienu Latvijā kriminalizēti Krimināllikuma 175. pantā “Zādzība”, 176. pantā “Laupīšana” un 179. pantā “Piesavināšanās”. Apskatīta un analizēta tiesiskā reglamentācija attiecībā uz abigeatus – mājlopu zādzību jeb aizdzīšanu, kas tika uzskatīta par bīstamāku un smagāku nodarījumu nekā parasta zādzība (lat. furtum) un tāpēc bargāk sodīta. Aplūkoti arī minētā noziedzīgā nodarījuma kvalifikācijas un sodīšanas politikas legālie kritēriji romiešu tiesībās. Saskaņā ar autoru informāciju Latvijas pētnieki šo tematiku visai maz apskatījuši, un pētījums varētu dot zināmu ieguldījumu nacionālās tiesību zinātnes attīstībā, īpaši jautājumā par romiešu tiesību principu ietekmi uz Latvijas Republikas normatīvajos aktos ietvertajiem mūsdienu tiesību institūtiem. The article deals with the results of research performed on the primary sources of the Roman Law regarding offences against property contemporaneity criminalised in the Criminal Law (Sections 175. Theft, 176. Robbery, 179. Misappropriation) of modern-day Latvia. It describes and analyses the Roman Law legal regulation regarding abigeatus – the offence of cattle stealing or “rustling” which was considered as a more dangerous and serious offense than ordinary theft (furtum) and therefore more severely punishable. According to the information in the possession of the authors, Latvian researchers have not yet in particular studied the current theme, and the publications in the Latvian language have not been detected yet. Accordingly, the current article could provide certain contributions to the development of the national field of law, especially regarding the impact of Roman legal principles on the development of modern legal institutes incorporated in the law of the Republic of Latvia.

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