scholarly journals Prawnokarna ochrona prawidłowego funkcjonowania rodziny

2020 ◽  
pp. 367-380
Author(s):  
Krystyna Szczechowicz
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Criminal Code ◽  
The Other ◽  
Law System ◽  
The Family ◽  
The One

This article deals with the issue of the scope of protecting marriage and the family in the Polish criminal law system. The family is subject to Chapter 16 of the Polish Criminal Code, which is entitled “Crimes against family and guardianship”. The chapter’s title indicates that family and care are the legal generic good protected by the provisions it contains. However, the legislator’s actions are restrained so as not to interfere too much in the functioning of a family, on the one hand, while, on the other, providing protection for its members. The problem also involves the emotional bond between the perpetrator and the victim, which in many cases leads to non-disclosure of the fact of committing a crime. Criminal law is, in many cases, intended to strengthen civil and family law regulations.

scholarly journals Command responsibility

2021 ◽  
Vol 38 (1) ◽  
pp. 70-85
Author(s):  
Slavica Dinić ◽  
Emil Turković
Keyword(s):  
Criminal Law ◽  
Ad Hoc ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Criminal Code ◽  
Criminal Offense ◽  
Law System ◽  
International Crimes ◽  
International Obligations ◽  
The One

As a part of the presentation in this paper, we will deal with one of a number of specific characteristics arisen while determining the criminal responsibility of perpetrators of international crimes, the one related to the institute of command responsibility, which are familiar with the statutes of both ad hoc tribunals (the Statute of the Tribunal in the Hague of 1993 and the International Criminal Tribunal for Rwanda of 1994), as well as the so - called the Rome Statute from 1998. In these statutes, it is set in such a way that, in one of its parts, it contradicts the basic criminal law institutes (the principle of individual subjective responsibility, the principle of justice). However, in accordance with the assumed international obligations, this institute was introduced to the criminal law system of Republic of Serbia on January 1st 2006, by prescribing, within Article 384 of the Criminal Code of Republic of Serbia, a real criminal offense of omission, which is also the subject of this paper.

scholarly journals DETERMINATION OF THE TIME OF CONTENTS UNDER DEFENSE IN THE TERM OF PURCHASED PUNISHMENT DEPENDING ON THE CONDITIONS OF INSULATION. CRITICAL THINKING OF CHANGES IN THE CRIMINAL LAW

2019 ◽  
pp. 37-39
Author(s):  
A.A. Zhiksembaev ◽  
Z.I. Sagitdinova
Keyword(s):  
Critical Thinking ◽  
Russian Federation ◽  
Criminal Law ◽  
Systematic Approach ◽  
Criminal Code ◽  
The Other ◽  
Principle Of Justice ◽  
The Russian Federation ◽  
The One

The paper presents the author's assessment of the latest novels of the criminal law in the field of offsetting the time of detention in the term of the sentence imposed. The attention is drawn to the incompatibility of several provisions of the Article 72 of the Criminal Code of the Russian Federation with the principle of justice, that is a consequence of the lack of a systematic approach to amending and supplementing the criminal law. On the one hand, the article 72 of the Criminal Code of the Russian Federation in the new edition improved the situation of convicted persons, but on the other hand, the recent changes and additions put a number of convicts in an unequal position.

scholarly journals Kebijakan Formulasi Pertanggungjawaban Pidana Terhadap Korporasi

2015 ◽  
Vol 3 (1) ◽  
pp. 75
Author(s):  
Husni Husni
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Other ◽  
Criminal Prosecution ◽  
Law System ◽  
Legal Code ◽  
Corporate Body ◽  
Perspective Change ◽  
The Subject

According to criminal law regulation, the human is only the subject to be blamed in term of criminal action. A human can be as a guilty party of any criminal case. . However, this regulation has been abandoned by the Indonesian law system because of the perspective change that beside human, the corporate bodies are also as the subject of guilty party if the legal regulation is specificly determined by Legal Code in term of specific case. Therefore, based on the legal regulation, the corporate bodies are treated as equal as human in term of the subject of lawsuit so the , the rejection of prosecution toward corporate bodies based on Delinguere University’s doctrine- non potest has been changed by accepting the concept of functional doer. (fungtioneel daderschap). Although the constitution considers the corporate bodies as the subject of the lawsuit, the responsibility of criminal prosecution will be treated in a different ways from humans as a subjet of lawsuit. Although the corporate bodies can be prosecuted, the issue in implementing the case still remains due to the variation of the terminology used. Additionally, the other challenge is because the regulation implemented relating to corporate bodies’ lawsuit is still not determined specifically in criminal code. It is also insufficient and inconsistent prosecution regulation regarding to corporate body lawsuit.

The Process and Conditionality of Separation

2021 ◽  
pp. 215-248
Author(s):  
Heather Douglas
Keyword(s):  
Family Law ◽  
Legal Systems ◽  
Violent Relationships ◽  
Law System ◽  
Legal Response ◽  
Women's Experiences ◽  
System P ◽  
The Family ◽  
Single Moment ◽  
The One

This chapter considers women’s dynamic experiences of leaving violent relationships in the shadow of static legal understandings of separation and the ongoing dangers women face when they engage with legal systems and processes. When women are trying to separate, sometimes law is the one thing that keeps bringing them back into contact with their abuser. This chapter highlights women’s experiences of separation as a process and journey rather than a single moment in time. Drawing on the experiences of some of the women in the study, two areas of law where separation underpins the legal response are highlighted: the migration and visa system and the family law system.

‘Legalizing’ the family: disputes about marriage, paternity and divorce in Algerian courts (1963–1990)

2001 ◽  
Vol 16 (2) ◽  
pp. 243-261 ◽  
Author(s):  
BETTINA DENNERLEIN
Keyword(s):  
Supreme Court ◽  
Dynamic Process ◽  
Family Law ◽  
Legal Regulation ◽  
The Other ◽  
Modern State ◽  
Court Cases ◽  
The Family ◽  
The One ◽  
Shed Light

This article is devoted to an analysis of Algerian court cases. It focuses on family law in practice, in order to shed light on the disputed character of this realm of law and the ambiguity involved in its reform. The aim of the article is to question the assumption of an intrinsic opposition between the (traditional/Muslim) family on the one hand, and (modern) state law on the other. It will be argued that the legal regulation of the family, far from being simply imposed by the state, represents a dynamic process in which different actors with different interests and orientations partake. The material used consists mainly of decisions taken by the Algerian Supreme Court covering the period from 1963 (the year of the its creation) to 1990.

Historical Experience of Criminalization: to the Centenary of the Guiding Principles on Criminal Law of the RSFSR

2019 ◽  
pp. 31-35
Author(s):  
Ivan Kozachenko
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Historical Experience ◽  
Law System ◽  
Political Situation ◽  
Historical Method ◽  
Advantages And Disadvantages ◽  
Concept Planning ◽  
Guiding Principles ◽  
Definition Of

The creation of the Guiding Principles on the Criminal Law of the RSFSR of 1919 is studied taking into account extremely complicated internal and external political situation in the country at the beginning of the twentieth century. Using the methods of analysis, synthesis, as well as comparative and historical method, the author determines the significance of the Guiding Principles in the law system of the young Soviet state. Some key norms of the document are examined. In particular, the definition of criminal law is analyzed and its advantages and disadvantages are identified. It is noted that the definition of a crime was formulated too broadly, and more significant steps in criminalization of different acts were made with the adoption of the RSFSR Criminal Code of 1922. It is indicated which persons were not punished according to the Guidelines. Attention is drawn to the way in which such a method of protection as necessary defense was set forth in this act. The Guiding Principles are not without certain disadvantages: for example, the institution of complicity is not sufficiently disclosed, there is lexical redundancy in the definition of the concept «planning the offence». However, the discrepancies between the main provisions covered in the Guidelines are explainable and excusable, taking into account the historical situation at the time of their adoption. The analyzed document became the basis for Russian criminal law, and some of its provisions are still relevant.

MAIN SPECIFICATIONS OF ASSESSING ACTIVITIES OF MINOR IMPORTANCE OF IN MODERN CRIMINAL LAW

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 83-95
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
European Countries ◽  
Minor Importance ◽  
Detailed Review

The research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries.

Transverse dam-break waves

2014 ◽  
Vol 758 ◽  
Author(s):  
S. Karimpour Ghannadi ◽  
Vincent H. Chu
Keyword(s):  
Froude Number ◽  
Flow Rate ◽  
Main Flow ◽  
Dam Break ◽  
The Other ◽  
Water Diversion ◽  
The Family ◽  
The One ◽  
Limiting Case ◽  
The Waves

AbstractNumerical simulations of the transverse dam-break waves (TDWs) produced by the sudden removal of a gate on the side of a waterway are conducted based on the shallow-water equations to find solutions to a family of water-diversion problems. The Froude numbers in the main flow identify the members of the family. The depth and discharge profiles are analysed in terms of Ritter’s similarity variable. For subcritical main flow, the waves are comprised of a supercritical flow expansion followed by a subcritical outflow. For supercritical main flow, on the other hand, the waves are analogous to the Prandtl–Meyer expansion in gas dynamics. The diversion flow rate of two-dimensional TDWs on a flat bed is 55 % greater than the one-dimensional flow rate of Ritter in the limiting case of zero main flow, and approaches the rate of Ritter in the other limit when the value of the Froude number in the main flow approaches infinity. The diversion flow rate over a weir is generally higher than the rate over a flat bed depending on the Froude number of the main flow. These numerical simulation results are consistent with laboratory observations.

W. Cameron Forbes in the Philippines: A Study in Proconsular Power

1966 ◽  
Vol 7 (2) ◽  
pp. 74-92 ◽  
Author(s):  
Robert M. Spector
Keyword(s):  
Civil War ◽  
Ralph Waldo Emerson ◽  
Family Firm ◽  
The Philippines ◽  
Turn Of The Century ◽  
The Other ◽  
The Family ◽  
The One

On his mother's side, W. Cameron Forbes was the grandson of Ralph Waldo Emerson, and on his father's, the grandson of John Murray Forbes, who made his fortune in the China clipper trade. He carried in his heredity the shrewd business ability of the one and the liberalism of the other. In Hofstadter's turn of phrase, he was the patrician as liberal. His wealth, his education — the best available (Milton Academy, Hopkinson School, Harvard) — would have entitled him to admittance to the innermost recesses of post-Civil War Republicanism. Yet he remained at best only affiliated with that party, and at heart an outspoken Independent. In 1892, on graduation from Harvard, he joined Stone and Webster, later gained experience in business as officer and director of several Boston banks, and then, just before the turn of the century, joined the family firm of J. M. Forbes and Co., Merchants.

scholarly journals Some Observations on Psychopathy

1966 ◽  
Vol 11 (2) ◽  
pp. 132-139
Author(s):  
Donald J. Mcculloch
Keyword(s):  
Antisocial Behaviour ◽  
Convincing Evidence ◽  
The Other ◽  
Treatment Programs ◽  
Human Being ◽  
The Family ◽  
The One ◽  
Sexual Object ◽  
Socializing Agents ◽  
Identical Behaviour

There is no convincing evidence to support the view that antisocial behaviour can be accounted for by reference to concepts such as learning defect, immaturity or lack of moral fibre. The criminal displays behaviour towards authorities identical to that displayed by a patriot in an occupied country towards the enemy. This identical behaviour, it is asserted by some, shows in the one case instability, cowardice, lack of resolve and in the other case, stability, courage, resolve and strength of will. These statements reveal the attitudes and bias of the observer without illuminating the situation of the observed. It is more relevant to examine what the psychopath has learned and the conditions in which his learning took place than to pursue enquiries aimed at demonstrating a learning defect. The human being is born without the attitudes, beliefs and sentiments towards e.g. property, sexual object etc., which are necessary for his successful incorporation into his ongoing social group. It is the intention of society's socializing agents, the family and the school, to inculcate in the developing human being these necessary attitudes, sentiments and beliefs. Psychopathic personalities are the consequence of the socializing process gone wrong. This paper describes the types of psychopath together with the learning situations which brought them about. The implications for treatment programs are examined.

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