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.

scholarly journals Some features of the criminal law regulation of liability for sexual abuse against children in some European countries

2020 ◽  
Vol 4 (4) ◽  
pp. 329-335
Author(s):  
Vadym Dyadichko
Keyword(s):  
Sexual Abuse ◽  
Sexual Violence ◽  
Sexual Intercourse ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
European Countries ◽  
Official Position ◽  
Depth Analysis ◽  
The Republic

There is the search for optimal ways to improve domestic legislation in terms of criminal liability for sexual abuse of children by analyzing the latest changes and additions to the Criminal Code of some European countries. One such way is to criminalize such an act as "cybergrooming". The analysis of the relevant criminal law of the Kingdom of Belgium, the Republic of Bulgaria and the Kingdom of Spain has allowed to conclude that the approach of the legislator of the Republic of Bulgaria to the regulation of criminal liability for "cybergrooming" seems to be worth worth studying its practical application in order to determine the possibility of future borrowing by the domestic legislator. In addition, on the positive side, the Criminal Code of this state has criminal liability for lewd acts or sexual intercourse with a minor engaged in prostitution. The Criminal Code of the Kingdom of Spain deserves attention to the existence of a single rule (Article 183), which includes various manifestations of sexual violence against children. The author has noted that such an approach of the legislator of this state also requires a separate, more in-depth analysis for its possible borrowing by the domestic legislator. In addition, it is worth studying the issue of separate criminalization in the Criminal Code of Ukraine as sexual violence, sexual intercourse with persons aged sixteen to eighteen, committed with the use of influence on the victim in such ways as: fraud or abuse of trust, abuse of official position by an official.

scholarly journals Fight Against Doping: Experience of Ukraine and European States

2020 ◽  
Vol 9 (27) ◽  
pp. 34-41
Author(s):  
Oleg Reznik ◽  
Oleksandr Muzychuk ◽  
Nadiia Andriichenko ◽  
Yuliia Yakushchenko ◽  
Svitlana Korzh
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Liability ◽  
Criminal Code ◽  
European Countries ◽  
National Legislation ◽  
Unique Approach ◽  
Definition Of

The article deals with the study of the anti-doping experience of Ukraine and European countries. It considers a number of doctrinal and regulatory approaches to the understanding of doping and anti-doping rule violations and, accordingly, the importance of combating such phenomena. The article examines the provisions of international acts regulating the list of prohibited substances, doping testing, the application of sanctions for anti-doping rule violations, and formulates the conclusion on the need to improve the list of prohibited substances, which currently hinders the effectiveness of anti-doping measures. It focuses on the criminal law of Ukraine, Hungary, Estonia, Finland, Germany, Poland, Italy, and Spain, which provides for the criminal liability for doping, including its illegal production, trade, appointment, use, and forcing other persons to use it. The article describes the peculiarities of a unique approach to legal liability for doping in Austria and France, where the specified actions are regarded as fraud. The article establishes the necessity of introducing changes to Article 323 of the Criminal Code of Ukraine to improve the fight against doping in Ukraine and the expediency of harmonizing the provisions of the national legislation of Ukraine and European states with the international rules in terms of the definition of doping and the list of prohibited substances.

Criminal law

2005 ◽  
Author(s):  
Jeremy Horder
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
Mutual Benefit ◽  
Commercial Law ◽  
Theoretical Error ◽  
Theoretical Approaches ◽  
Traditional Approaches

Scholars coming afresh to the study of criminal law are indeed fortunate. Over the last twenty years, important and sophisticated new theoretical approaches have evolved, and much new theoretical life has been breathed into more traditional approaches, to their mutual benefit. This article attempts to convey a flavour of these developments, with a different overarching theme: over-ambition and (all-too-often) under-achievement on the part of those who believe the task of ‘theory’ is to give very detailed and definite shape to the ‘universalizable’ part of the criminal law. It may be possible to devise a set of simplified and general universalizable maxims of criminal liability, to which all States could be urged to adhere in their criminal codes and case law. Beyond the formulation of such simplified maxims, however, richness and diversity in criminal law theory should go hand in hand with richness and diversity in criminal law doctrine. Whatever the strength of the case for, say, a uniform commercial law code, the belief that there needs to be a uniform criminal code is founded on theoretical error as well as political naivety.

scholarly journals Corporate Crime and Corporate Criminal Liability in Indonesia Positive Law

2021 ◽  
Vol 4 (2) ◽  
pp. 20-30
Author(s):  
Zulkarnain Zulkarnain ◽  
I Nyoman Nurjaya ◽  
Bambang Sugiri ◽  
Ismail Navianto
Keyword(s):  
Criminal Law ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
The Other ◽  
Positive Law ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
The Relationship

Corporate crime is a unique crime against which excellent deterrence should be combated. However, these efforts are inversely proportional to the criminal law policies that serve as the basis for their implementation. The KUHP, the key pillar of the statute, merely acknowledges natural persons as subjects of criminal law. And they do not regard companies as criminal law topics. Crime laws must also be renewed. On this basis, a criminal policy will be discussed in Indonesia about the criminal liability scheme. The results of studies indicate that criminalization of all types of corporate crime was regarded as a crime according to positive criminal law in Indonesia. The relationship between one and the other criminal code differs however. The Criminal Code notes that the crime modes sometimes perpetrated by the companies were considered a criminal offense but should be performed by a normal individual. In other words, it may be claimed that companies have not been considered subjects of criminal law by the Criminal Code. However, in some criminal law laws out of the Criminal Code, companies have been treated as targets of criminal legislation and should be responsible for their acts. In Indonesia, the criminal liability scheme introduced by the Positive Legislation seeks to identify and delegate hypotheses where the errors and the source of authorities they have are assessed. The requirements in one criminal law and the other, however, are comprehensively different. For instance, a criminal must not be the manager, but someone who does anything in or for the sake of a company and the act is carried out within the framework of a corporation. It is not, however, expressly specified by the draft Law on the Criminal Code that the criminal is convicted so as to understand that the criminal is not liable for the crime he commits because criminal liabilities were transferred to the company. The draft Criminal Code Act (RKUHP) has accommodated companies as subjects of criminal law and arranged procedures for criminal liability. It can be seen from the principle of the renewal of criminal law that future criminal law would regard business offences as criminal actions and that penal penalties will be imposed on the company. The established provisions clearly show that the model and philosophy embraced are the doctrines of vicarious responsibility, even though there are shortcomings in the model.

scholarly journals Exemption from Criminal Liability for Inappropriate Use of Public Funds with Court Fining

2020 ◽  
Author(s):  
Leonid Aleksandrovich Kulii ◽  
German Igorevich Kozyr
Keyword(s):  
Present Article ◽  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
Public Funds ◽  
Present Issue ◽  
Inappropriate Use

The issue of exemption from criminal liability based on specific elements of a crime is relevant to an array of crimes. The exemption with court fining is relatively new in the criminal law. Considering the peculiarity of dispositions of the articles 285.1, 285.2 of the Criminal Code of Russia the establishment of the application of the fine for specific crimes remains dubious. The present issue is not covered sufficiently in the theory of the criminal law. Based on scientific researches and case law, specific problems involved in the implementation of the article 72.2 in relation to inappropriate use of public and state non-budgetary funds are established in the present article.

Killing through negligence and its distinction with other kinds of murder

2021 ◽  
Author(s):  
Vladimir Myslivyy ◽  
Angelina Mykyta
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Sufficient Information ◽  
Main Body ◽  
Common Features ◽  
Criminal Offenses ◽  
The Common

Problem setting. According to Art. 27 of the Constitution of Ukraine, everyone has an inalienable right to life, no one can be arbitrarily deprived of life, and the state, in turn, is obliged to protect human life. Protection of a person’s life, as a duty of the state, is manifested in the establishment of criminal liability, enshrined in Section II “Criminal offenses against life and health of a person” of the Criminal Code of Ukraine, who commit socially dangerous acts. whether there are criminal offenses and what punishments they should be committed. The distinction between crimes such as premeditated murder and negligent deprivation of another’s life is important, as criminal law theory still does not have sufficient information on this issue and does not have a complete list of features of the above crimes, but we tried to identify them in our article. Target of research. Deepening their knowledge on the caution of a person’s life due to inconsistency and drawing the line between possible offenses and conditional authority, clarifying the special characteristics of the perpetrator and the victim, outlining the essential features of the perpetrator and the victim, and researching the regulation of negligent proposal of a new version of the Criminal Code of Ukraine. Analysis of resent researches and publications. The theoretical basis for the study of the problem of murder through negligence are the works of legal scholars, in particular, M. Bazhanov, V. Borisov, S. Borodin, V. Glushkov, O. Gorokhovskaya, I. Zinchenko , V. Tyutyugin, O. Us, E. Kisilyuk, V. Kuts, M. Yefimov, S. Likhova, V. Stashis, V. Shablisty and others. Article’s main body. According to Art. 3 of the Constitution of Ukraine, man, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Given this constitutional provision, the legislator should pay special attention to the criminal law protection of human life and health as the most important public relations. So it is no coincidence that considering such encroachments as one of the most dangerous in the criminal law dimension, the legislator established criminal liability for their commission in Section II “Criminal offenses against life and health” of the Special Part of the Criminal Code of Ukraine. Due to the high public danger and the high prevalence of criminal offenses against human life and health, criminal law theory and law enforcement practice are under increasing scrutiny. Thus, the analysis of judicial practice in recent years shows that, for example, among all murders (Articles 117-119 of the Criminal Code of Ukraine) the number of persons convicted of deprivation of life due to negligence is about 15 percent annually. In our opinion, it is also advisable to analyze the concept of “murder” by comparing the common and distinctive features of the offenses referred to in Art. Art. 115 and 119 of the Criminal Code of Ukraine. According to scientific results, we can conclude that these offenses have many common features. It is possible to understand the common features and preconditions for the spread of these types of offenses. Conclusions and prospects for the development. A study of issues related to the criminal law analysis of murder through negligence and its difference from other types of murder, shows that these acts encroach on the identical object, which is “human life as a set of social relations.” Unfortunately, nowadays the dynamics of offenses committed in Art. Art. 115 and 119 is intensifying, so consideration of their delimitation and characterization of their features is very important. The study examines the main features of these types of crimes, as well as analyzes some provisions of national law and proposes some adjustments to them.

Suspended Sentence and Placement in a Special Educational Institution: Features of Application and Correlation in the Context of the Systematic Nature of Criminal Law

2021 ◽  
pp. 267-271
Author(s):  
Vаleria A. Terentieva ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Educational Institution ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Simultaneous Application ◽  
Closed Type ◽  
The Russian Federation ◽  
Law Regulation

The systematic nature of criminal law forms the main features of the industry, namely: normativity, universalism, that is, the absence of casuistry and obligation. The strict consistency of both the entire industry and its individual institutions allows avoiding the redundancy of criminal law regulation, clearly determining the legal status of a person in conflict with the law. However, the norms of the Criminal Code of the Russian Federation do not always meet these requirements due to defects in legal technology, and, sometimes, gaps in regulation. In practice, the courts, in an effort to minimize the above defects, sometimes resort to excessive criminal law regulation; as an example, the article gives the ratio of the application of suspended sentence and placement in a special educational institution of a closed type. The article analyzes sentences to minors in which Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation were simultaneously applied in one sentence for the same act. For a comprehensive study, the article analyzed sentences to minors held in special educational institutions of a closed type for the period from 2014 to 2020, criminal statistics posted on the website of the Judicial Department of the Supreme Court of the Russian Federation, as well as various points of view of leading legal scholars. The research methods of static observation, analysis and synthesis, the system-structural method, as well as a number of factographic methods, were used. The study develops from the general to the specific, i.e., first, systematicity is analyzed as a property of the branch of criminal law and then as a property of a legal institution, namely, the release of minors from criminal liability. Consistency as a property of the institution of exemption from criminal punishment presupposes the impossibility of intersecting elements within one institution. Special attention is paid to the legal nature of suspended sentence as the most common punishment measure for minors, and its effectiveness. Then the cases of the simultaneous application of Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation are analyzed. In the course of the study, the author examines the features of suspended sentence and placement in a special educational and educational institution of a closed type, compares these two forms of criminal liability, and highlights the differences. The conclusion is that the simultaneous placement in a special educational institution of a closed type and suspended sentence are a redundancy of criminal law regulation. The article raises the question of the need to improve the Criminal Code in terms of the development of placement in a special educational and educational institution of a closed type as a type of exemption from criminal punishment: the court is to be provided with the opportunity to control the juvenile offender’s correctional process.

scholarly journals Criminal Liability and Artificial Intelligence: Theoretical and Applied Aspects

2019 ◽  
Vol 13 (4) ◽  
pp. 564-574 ◽  
Author(s):  
Zarina Khisamova ◽  
Ildar Begishev
Keyword(s):  
Artificial Intelligence ◽  
Criminal Law ◽  
Legal Status ◽  
Industrial Revolution ◽  
Criminal Liability ◽  
Criminal Code ◽  
Design Development ◽  
Legal Personality ◽  
Active Involvement ◽  
Self Learning

The humanity is now at the threshold of a new era when a widening use of artificial intelligence (AI) will start a new industrial revolution. Its use inevitably leads to the problem of ethical choice, it gives rise to new legal issues that require urgent actions. The authors analyze the criminal law assessment of the actions of AI. Primarily, the still open issue of liability for the actions of AI that is capable of self-learning and makes a decision to act / not to act, which is qualified as a crime. As a result, there is a necessity to form a system of criminal law measures of counteracting crimes committed with the use of AI. It is shown that the application of AI could lead to four scenarios requiring criminal law regulation. It is stressed that there is a need for a clear, strict and effective definition of the ethical boundaries in the design, development, production, use and modification of AI. The authors argue that it should be recognized as a source of high risk. They specifically state that although the Criminal Code of the Russian Fe­deration contains norms that determine liability for cybercrimes, it does not eliminate the possibility of prosecution for infringements committed with the use of AI under the general norms of punishment for various crimes. The authors also consider it possible to establish a system to standardize and certify the activities of designing AI and putting it into operation. Meanwhile, an autonomous AI that is capable of self-learning is considerably different from other phenomena and objects, and the situation with the liability of AI which independently decides to undertake an action qualified as a crime is much more complicated. The authors analyze the resolution of the European Parliament on the possibility of granting AI legal status and discuss its key principles and meaning. They pay special attention to the issue of recognizing AI as a legal personality. It is suggested that a legal fiction should be used as a technique, when a special legal personality of AI can be perceived as an unusual legal situation that is different from reality. It is believed that such a solution can eliminate a number of existing legal limitations which prevent active involvement of AI into the legal space.

scholarly journals TINJAUAN TENTANG SISTEM PEMIDANAAN DALAM PERBARENGAN TINDAK PIDANA MENURUT KUHP

2019 ◽  
Vol 9 (2) ◽  
pp. 120
Author(s):  
Fahrurrozi Fahrurrozi ◽  
Abdul Rahman Salman Paris
Keyword(s):  
Criminal Law ◽  
Descriptive Analysis ◽  
Criminal Code ◽  
The Other ◽  
Penal System ◽  
Other Hand ◽  
Qualitative Descriptive ◽  
Joint Crime

This study discusses the forms of crime in the context of criminal acts or the comparison of criminal acts (same loop) that occur in society. This happens where one person commits a crime, but it is not uncommon for one person to commit several functional crimes at the same time in the same place. On the other hand, there is also one person who determines the number of crimes at different times in different locations which in criminal law is known as the term of criminal acts or sharing criminal acts (same loop) or in Dutch is same loop van Strafbare Feiten. This study uses a normative method using qualitative descriptive analysis. The results of this study indicate that there are three forms of criminal acts namely Concursus Idialis, continuing actions and realist Concursus while the penal system in the proportion of criminal acts can be applied to three methods, namely Stelsel absorption, cumulative Stelsel, and limited cumulative Stelsel.Keywords: criminal code; criminal system; joint crime. AbstrakPenelitian ini membahas tentang bentuk-bentuk kejahatan perbarengan perbuatan pidana atau perbarengan tindak pidana (samenloop) yang terjadi di dalam masyarakat. Hal tersebut bisa terjadi dimana satu orang melakukan satu kejahatan tapi tidak jarang terjadi satu orang melakukan beberapa kejahatan baik dalam waktu yang sama di tempat yang sama. Disisi lain, ada juga satu orang yang melakukan beberapa kejahatan pada waktu yang berbeda di tempat yang berbeda pula yang dalam hukum pidana dikenal dengan istilah perbarengan perbuatan pidana atau perbarengan tindak pidana (samenloop) atau dalam bahasa belanda ialah sameloop van strafbare feiten. Penelitian ini menggunakan metode normatif, dengan menggunakan analisis deskriptif kualitatif. Adapun hasil penelitian ini menunjukkan bahwa ada tiga bentuk perbarengan tindak pidana yaitu concursus idialis, perbuatan berlanjut dan concursus realis sedangkan sistem pemidanaan dalam perbarengan tindak pidana dapat diterapkan tiga stelsel yaitu stelsel absorpsi, stelsel kumulasi dan stelsel kumulasi terbatas.Kata kunci: KUHP; sistem pemidanaan; perbarengan tindak pidana.

scholarly journals Criminal liability for illegal banking activities in the context of countering criminal money cashing

2020 ◽  
pp. 140-144
Author(s):  
Dmitry Ovchinnikov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Economic Sector ◽  
The Russian Federation

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.

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