scholarly journals The reaction to femicide in criminal law

Temida ◽  
2016 ◽  
Vol 19 (3-4) ◽  
pp. 431-451
Author(s):  
Ana Batricevic
Keyword(s):  
Violence Against Women ◽  
Criminal Law ◽  
Special Form ◽  
Comparative Law ◽  
The State ◽  
Criminal Offence ◽  
Global Problem ◽  
Efficient Suppression

Misogynous and sexist violence against women, which often results in death, represents a global problem. Numerous international and national legal instruments are dedicated to the prevention and sanctioning of violence against women. However, the reality implies that existing mechanisms of penal reaction to femicide, as its most extreme and brutal form, should be re-examined. Having in mind the frequency and severe consequences of this criminal offence and the discriminatory character of the message that the state sends by tolerating it or inadequately punishing its perpetrators, the author attempts to define femicide, to present basic forms of state reaction to femicide in comparative law as well as to analyze the features of femicide as an independent criminal offence. Arguing for the incrimination of femicide as an independent criminal offence, or as a special form of aggravated murder, the author points out that such solution could contribute to more precise observation of this form of crime, to a better estimation of the quality of the state? s reaction to it and to its more efficient suppression.

scholarly journals MODEL PENYELESAIAN ALTERNATIF PERKARA PIDANA DALAM HUKUM ISLAM DAN RELEVANSINYA DENGAN PEMBAHARUAN HUKUM PIDANA INDONESIA

2018 ◽  
Vol 26 (1) ◽  
pp. 53
Author(s):  
Hambali Yusuf ◽  
Saifullah Basri
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Islamic Law ◽  
The State ◽  
Private Law ◽  
Criminal Offence ◽  
Criminal Cases

Many criminal cases that are not resolved either at the level of appeal or cassation level is an indication that there are problems in law enforcement. Islamic Criminal Justice provides much alternative settlement of criminal cases by maintaining a balance of the interests of the victim, the community, the State and the offender. This research aims to analyze the model, explain the alternative settlement of criminal cases in the Islamic law; how setting the model settlement of criminal cases in the Islamic law can be used as a model settlement of criminal cases in the criminal law of Indonesia, to find a model settlement of criminal cases in the Islamic law of relevance to criminal law updates Indonesia.    This research got that setting jarimah qishas-diyat placed as a kind of private law as rights adami. Setting model jarimah-diyat can allow made a model in settlement of a criminal offence in the criminal law of Indonesia in line with developments in the modern criminal law sanctions governing sanctions fines or compensation for victims.  Setting model jarimah-diyat can allow made a model in settlement of a criminal offence in the criminal law of Indonesia in line with developments in the modern criminal law sanctions governing sanctions fines or compensation for victims.

scholarly journals Coronavirus (COVID-19) and Possibilities for Criminal Law Reaction in Europe: A Review

2020 ◽  
Author(s):  
Veljko TURANJANIN ◽  
Darko RADULOVIĆ
Keyword(s):  
Public Health ◽  
European Union ◽  
World Health Organization ◽  
Criminal Law ◽  
The State ◽  
World Health ◽  
Criminal Offence ◽  
Contagious Disease ◽  
The World ◽  
Health Organization

Coronavirus (COVID-19) is the newest dangerous contagious disease in the world, emerged at the end of 2019 and the beginning of 2020. World Health Organization at the daily level publishes numbers of infected patients as well as several dead people around the world and in every region particularly. However, public health and criminal law are inevitably linked. National criminal laws in Europe mainly prescribe criminal offences for transmitting a dangerous contagious disease. Numerous states have closed their borders, quarantining their nationals that entering in the state. Strangers cannot enter in European Union. However, many do not abide by the restrictions, and people who have become ill with coronavirus walking the streets and committing a criminal offence. The authors in the work, in the first place, explain the connection between public health and criminal law and then elaborate criminal jurisdictions in Europe.

scholarly journals Between Sexual Violence and Autonomy: Rethinking the Engagement of the Indian Women’s Movement with Criminal Law

2021 ◽  
Vol 22 (5) ◽  
pp. 860-877
Author(s):  
Kalika Mehta ◽  
Avantika Tiwari
Keyword(s):  
Sexual Violence ◽  
Violence Against Women ◽  
Criminal Law ◽  
Women's Movement ◽  
Unintended Consequences ◽  
The State ◽  
Women's Movements ◽  
New Delhi ◽  
The Social ◽  
Gang Rape

AbstractThe aftermath of protests triggered by a brutal gang-rape in New Delhi in December 2012 was archetypal of the broader women’s movement in post-independence India. The primary demands of the social movement to address sexual violence against women were wrapped in the language of rights-based reforms in criminal law provisions. The state responded to the social mobilization in the form of criminal law amendments, while blindsiding key recommendations from feminist groups. This Article revisits pertinent Law Commission reports, subsequent criminal law reforms, and case law on sexual violence against women to analyze how the negotiations between the women’s movement and the State on the seemingly irreconcilable demands of sexual autonomy and punishment for sexual violence. We take account of the intended and unintended consequences of this reliance on criminal law as one of the primary tools in the arsenal of Indian women’s movements. We argue that engagement on the plane of criminal law to address sexual violence against women is a case of limited imagination at best and counter-productive at its worst. This approach of the movement and feminist groups is to react to the “crime” of sexual violence after the fact, leading to distraction from much warranted structural responses. We argue that this approach makes it harder to conceptualize and implement more forward-looking relational models of responsibility that are necessary to address the structural injustice of systemic sexual violence against women.

scholarly journals Consent in criminal offences against sexual freedom and sexual inviolability of a person

2021 ◽  
pp. 15-17
Author(s):  
Tetiana ZAVHORODNIA
Keyword(s):  
Sexual Violence ◽  
Sexual Intercourse ◽  
Violence Against Women ◽  
Criminal Law ◽  
Criminal Code ◽  
Sexual Freedom ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Voluntary Consent

Introduction. Combating sexual violence still remains one of the most important issues arisen in criminal law study. It should be noted that Istanbul Convention on preventing and combating violence against women and domestic violence is still not ratified by Ukraine, which shall facilitate quality of criminal law concerning criminal offences against sexual freedom and sexual inviolability of a person. The purpose of the paper is to define meaning and content of consent in criminal offenses against sexual freedom and sexual inviolability of a person provided for in Section IV of the Criminal Code of Ukraine. Results. The paper establishes that lack of consent is a constructive sign of rape (article 152 of the Criminal Code), sexual violence (article 153 of the Criminal Code) and coercion to have sexual intercourse (article 154 of the Criminal Code). The ways of solving arisen problems during the qualification of situations in which a person mistakenly believes that consent was given, as well as when consent was not given explicitly, have been determined. It is recommended to clarify the content of "voluntary consent" by indicating in the note to Article 152 of the Criminal Code, actions which shall not indicate voluntariness of consent. The paper notes that using the collocation "without voluntary consent" is superfluous in Articles 153 and 154 of the Criminal Code, since "coercion" and "violence" also indicate absence of voluntary consent. It has been established that consent is a distinguishing feature of a criminal offense provided for in Article 155 of the Criminal Code from Articles 152 and 153 of the Criminal Code, thus sexual intercourse with a person from 14 to 16 years with her consent indicates the commission of a criminal offense under Art. 155 of the Criminal Code. It is proposed to supplement Article 155 of the Criminal Code with the clause “in the absence of signs of criminal offenses under Art. 152 and art. 153 of the Criminal Code”. Conclusion. The paper provides that consent shall be both constructive and distinguishing feature of criminal offences against sexual freedom and sexual inviolability. Several problems of consent in such crimes are defined as well as ways of their solution.

Legalità e mutamenti giurisprudenziali nel diritto penale

2021 ◽  
Author(s):  
Andrea Galante
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
The State ◽  
Criminal Offence ◽  
The Past ◽  
Temporal Effect ◽  
European Court ◽  
The Individual

Over the past several years, constitutional, supreme and human rights courts had to deal with the problem of adjudicative retroactivity in criminal law with ever-greater intensity. Following the case Contrada c. Italie, in which the European Court of Human Rights found a violation of the legality principle under Art. 7 due to an unforeseeable retrospective application of a judicially created criminal offence, the issue of citizens’ safeguard upon an overruling occurrence is even more in the foreground. What temporal effect is best given to an unfavorable overruling decision? Should its application be limited to acts and conduct occurring after it or should it operate retrospectively and subject to criminal responsibility those who, acting in reliance on an earlier decision, did only what courts declared to be lawful? A limited prohibition of adjudicative retroactivity in criminal law seems to help foster an up-to-date relationship between the individual and the state.

VI Attempt as a Special Form of Individual Criminal Responsibility

2021 ◽  
Author(s):  
Ambos Kai
Keyword(s):  
Criminal Law ◽  
Special Form ◽  
Rome Statute ◽  
Criminal Responsibility ◽  
Comparative Law ◽  
Essential Elements ◽  
International Criminal Law ◽  
Actus Reus ◽  
The Moment ◽  
Individual Criminal Responsibility

This chapter first explains why attempt – an incomplete offence lacking the fulfilment of the actus reus of the respective crime – should be punishable at all and whether/how it is punishable under International Criminal Law. This chapter develops the essential elements of attempt liability on the basis of comparative law with a view to most important national legal systems . It analyses in detail the provision in the Rome Statute and proposes a ‘formula of approximation’ with regard to ‘commencement of execution’ stage (that is the moment of punishability) of attempt. It then applies this attempt formular to the international core crimes. Last but not least, abandonment of attempt is also discussed.

scholarly journals Some features of criminal law relations in the field of border security of Ukraine

2021 ◽  
Vol 66 ◽  
pp. 183-188
Author(s):  
O. B. Ganba
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
The State ◽  
Border Security ◽  
Law And Order ◽  
Public Interests ◽  
Specific Species

The article identifies separate features of criminal law relations in the field of border security of Ukraine. It is emphasized that the strengthening of existing and emergence of new threats in the field of national security of Ukraine, in particular, the exacerbation of certain problems of integrated border management, necessitates further rethinking and improving criminal relations in the field of border security of the state. Features of these legal relations are considered by us through the prism of specific species and scientific ap-proaches to their characteristics.It is substantiated that, taking into account the specifics of the sphere of legal regulation, the protective criminal relations, which are specific social relations that arise on the basis of the norms of criminal law between the state and a person who commits a concrete crime, enforcing the border security of Ukraine and which is realized in the form criminal liability or exemption from criminal liability.It is emphasized that an exceptional feature of the investigated legal relationship is their subject composition, due to which their specific characteristics are distinguished. Accordingly, a list of subjects of both regulatory and security criminal relations in the field of border security of Ukraine is determined.Depending on the entity, it is proposed to divide crimes to such that servicemen and employees of the State Bor-der Guard Service of Ukraine, as well as other security sector and defense bodies; crimes that are committed by third parties, which are unlawful of which is related to the field of the border security of the state. Comparison of these groups of crimes reflected in statistical data on the results of operative-service activities of the State Border Guard Service of Ukraine for 2018, 2019 and 2020, clearly forms the idea of law and order and legality, the level of quality of criminal-legal regulation of relations in the investigational area, as well as about the state of protecting the state and public interests of Ukraine as a whole.

scholarly journals Careless crime: state, dynamics, measures of general and special counteraction

2020 ◽  
Vol 15 (3) ◽  
pp. 17-25
Author(s):  
Vadim A. Avdeev ◽  
Olga A. Avdeeva
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Specific Weight ◽  
The State ◽  
Scientific Methods ◽  
General Scientific ◽  
Scientific Substantiation ◽  
Criminal Legislation ◽  
Legislative Processes

The subject of the study is careless crime, taking into account the implemented national criminal law policy. The aim of the study is to investigate the scientific understanding, content and types of careless crime. Attention is focused on the state, dynamics of careless crime, measures of General and special counteraction to the specified social and legal phenomenon. The methodological basis of counteraction measures is formed by a set of General scientific and private scientific methods, which allowed to investigate the process of novelization of criminal legislation and its implementation at the law enforcement level. The main results of the study reflect the problems of prevention, prevention, General and special counteraction to careless crime, affecting the effectiveness of the implementation of the mechanism of criminal law regulation of social relations associated with crimes committed by carelessness or negligence. Conclusions concerning types of careless crime, its specific weight, the personality of the careless criminal, including scientific substantiation of the General and special counteraction measures are formulated. The scientific and practical validity of legislative processes is noted as the defining problem. The problems of implementation of the criminal law in the context of increasing rates of careless crime, actualizing the practice-oriented measures of counteraction, based on the state, structure, dynamics of the development of this social and legal phenomenon. Attention is focused on strengthening the sanctions of criminal law norms regulating increased responsibility for certain types of careless crimes, which in fact do not affect the reduction of criminal tension in the sphere of careless crime. The problematic issues of improving the quality of the criminal law and other normative legal acts providing prevention, prevention and counteraction to careless crimes are revealed. The focus is on improving the quality of activities of state authorities, self-government bodies and civil society institutions, increasing the level of control.

Manajemen Ekonomi Outopilot: Kegagalan Negara Mencari Identitas?

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 142-152
Author(s):  
Mukhaer Pakkanna
Keyword(s):  
Economic Development ◽  
National Economy ◽  
The State ◽  
Political Democracy ◽  
Economic Democracy ◽  
Quality Of Democracy ◽  
Economic Disparities ◽  
National Economic ◽  
Production And Distribution

Political democracy should be equivalent to the economic development of the quality of democracy, economic democracy if not upright, even the owner of the ruling power and money, which is parallel to force global corporatocracy. Consequently, the economic oligarchy preservation reinforces control of production and distribution from upstream to downstream and power monopoly of the market. The implication, increasingly sharp economic disparities, exclusive owner of the money and power become fertile, and the end could jeopardize the harmony of the national economy. The loss of national economic identity that makes people feel lost the “pilot of the state”. What happens then is the autopilot state. Viewing unclear direction of the economy, the national economy should clarify the true figure.

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