scholarly journals Infusing Reconciliation into the Sentencing Process

2019 ◽  
Vol 28 (2) ◽  
pp. 25-30
Author(s):  
Colton Fehr
Keyword(s):  
Criminal Code ◽  
Fundamental Aspect ◽  
Aboriginal Offenders

A fundamental aspect of achieving proportionality in sentencing is enshrined in section 718.2(e) of the Criminal Code. It provides that “all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.”

scholarly journals Quiet Contributions: Re-Examining the Benefits of a Restorative Approach to Sentencing in the Aboriginal Context

2008 ◽  
Vol 26 (1) ◽  
pp. 54
Author(s):  
Lauren Wihak
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Code ◽  
Unified Theory ◽  
De Se ◽  
The World ◽  
Aboriginal Offenders

Restorative justice challenges the traditional outcomes and processes of the criminal justice system. While as a unified theory of punishment restorative justice is notably problematic, elements of it have been incorporated within sentencing regimes around the world. Responding to increasing incarceration rates and disproportionate Aboriginal incarceration rates and in articulating the fundamental purpose and principles of sentencing, Parliament included principles of restorative justice, thanks in part to a belief in its particular application to Aboriginal offenders. The Canadian approach to restorative justice is focused entirely on securing non-custodial outcomes. However, other principles of sentencing, Canadian appellate jurisprudence, further legislative amendment, and the growth of penal populism demonstrate that the Canadian sentencing regime, taken as a whole, precludes this very goal. The author demonstrates that the statutory adoption of restorative justice through the Criminal Code has not had its intended effect: Aboriginal offenders are just as likely to face a term in custody as they were prior to the 1996 amendments. That said, there remains a role for restorative justice. The author argues for a shift to restorative processes. This shift would allow for a continued commitment to restorative justice while alleviating the obstacles associated with an outcome-centered approach. Importantly, it reflects the recognition that the Aboriginal offender can benefit from actively participating in the determination of how best to address his offending. Finally, this approach recognizes that there is a disconnect between the criminal justice system and traditional Aboriginal justice, and reflects factors shown to increase voluntary compliance with the law.La justice réparatrice met en question les résultats et les processus traditionnels du système de justice pénale. Quoique en tant que théorie unifiée de châtiment, la justice réparatrice est notamment problématique, certains de ses éléments ont été incorporés aux systèmes de détermination des peines partout au monde. En réaction aux taux croissants d’incarcération et des taux disproportionnés d’incarcération d’autochtones et en énonçant le but fondamental et les principes de la détermination des peines, le Parlement a inclus des principes de justice réparatrice, en partie à cause de la croyance en son application particulière aux contrevenants autochtones. L’approche canadienne à la justice réparatrice porte entièrement sur l’obtention de résultats sans privation de liberté. Toutefois, d’autres principes de détermination des peines, la jurisprudence des cours d’appel, de nouveaux amendements législatifs et la croissance du sentiment populaire par rapport aux peines démontrent que le système canadien de détermination des peines, dans son ensemble, empêche justement l’atteinte de cet objectif. L’auteur fait voir que l’adoption statutaire de la justice réparatrice dans le Code criminel n’a pas eu l’effet voulu : les contrevenants autochtones ont les mêmes chances de se voir imposer une période de détention qu’ils avaient avant les amendements de 1996. Cela dit, un rôle demeure pour la justice réparatrice. L’auteur argumente en faveur d’un virage vers les processus réparateurs. Ce virage permettrait de maintenir l’engagement envers la justice réparatrice tout en allégeant les obstacles associés à l’approche centrée sur les résultats. Il importe de noter que cela reflète la reconnaissance que le contrevenant autochtone peut bénéficier de participer activement à la détermination de la meilleure façon de traiter de son infraction. Finalement, cette approche reconnaît la discordance entre le système de justice pénale et la justice autochtone traditionnelle, et reflète des facteurs qui ont manifestement augmenté le respect volontaire de la loi.

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

The Potential Of Blockchain Technology To Change International Mobile Roaming Business Model

2019 ◽  
Vol 5 (1) ◽  
pp. 15-22
Author(s):  
Ardian Thresnantia Atmaja
Keyword(s):  
Business Model ◽  
Current Situation ◽  
Business Value ◽  
Third Party ◽  
Fundamental Aspect ◽  
Clearing House ◽  
Blockchain Technology ◽  
Smart Contract ◽  
Target Architecture ◽  
Architecture Development

The key objectives of this paper is to propose a design implementation of blockchain based on smart contract which have potential to change international mobile roaming business model by eliminating third-party data clearing house (DCH). The analysis method used comparative analysis between current situation and target architecture of international mobile roaming business that commonly used by TOGAF Architecture Development Method. The purposed design of implementation has validated the business value by using Total Cost of Ownership (TCO) calculation. This paper applies the TOGAF approach in order to address architecture gap to evaluate by the enhancement capability that required from these three fundamental aspect which are Business, Technology and Information. With the blockchain smart contract solution able to eliminate the intermediaries Data Clearing House system, which impacted to the business model of international mobile roaming with no more intermediaries fee for call data record (CDR) processing and open up for online billing and settlement among parties. In conclusion the business value of blockchain implementation in the international mobile roaming has been measured using TCO comparison between current situation and target architecture that impacted cost reduction of operational platform is 19%. With this information and understanding the blockchain technology has significant benefit in the international mobile roaming business.

CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Educational Institutions ◽  
Scientific Article ◽  
Teaching Staff ◽  
Self Defense ◽  
Special Part ◽  
The Russian Federation ◽  
Legislative Activities

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.

Pre-conceptual sex selection

2014 ◽  
Vol 155 (46) ◽  
pp. 1815-1819
Author(s):  
Máté Julesz
Keyword(s):  
Catholic Church ◽  
The United States ◽  
Criminal Code ◽  
Sex Selection ◽  
Reproductive Justice ◽  
Medically Assisted Procreation ◽  
Family Balancing ◽  
European Health ◽  
Selection For ◽  
The Catholic Church

According to Article 14 of the Oviedo Convention on Human Rights and Biomedicine of the Council of Europe, the use of techniques of medically assisted procreation shall not be allowed for the purpose of choosing a future child’s sex, unless serious hereditary sex-related disease is to be avoided. In Israel and the United States of America, pre-conceptual sex selection for the purpose of family balancing is legal. The European health culture does not take reproductive justice for part of social justice. From this aspect, the situation is very similar in China and India. Reproductive liberty is opposed by the Catholic Church, too. According to the Catholic Church, medical grounds may not justify pre-conceptual sex selection, though being bioethically less harmful than family balancing for social reasons. In Hungary, according to Section 170 of the Criminal Code, pre-conceptual sex selection for the purpose of family balancing constitutes a crime. At present, the Hungarian legislation is in full harmony with the Oviedo Convention, enacted in Hungary in 2002 (Act No. 6 of 2002). Orv. Hetil., 2014, 155(46), 1815–1819.

Mast Cell Homeostasis: A Fundamental Aspect of Allergic Disease

2007 ◽  
Vol 27 (1) ◽  
pp. 15-32 ◽  
Author(s):  
John J. Ryan ◽  
Mohit Kashyap ◽  
Daniel Bailey ◽  
Sarah Kennedy ◽  
Kelly Speiran ◽  
...  
Keyword(s):  
Mast Cell ◽  
Allergic Disease ◽  
Fundamental Aspect ◽  
Cell Homeostasis
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