scholarly journals Animal abuse in the Preliminary Draft of the Criminal Code of Chile in 2018

2020 ◽  
Vol 11 (3) ◽  
pp. 134
Author(s):  
José Ignacio Binfa Álvarez
Keyword(s):  
Criminal Code ◽  
Animal Abuse ◽  
Preliminary Draft

scholarly journals How to Fight Puppy Mills: Toughening the Sentences for Animal Abuse in the Post-Communist Region

Animals ◽  
2020 ◽  
Vol 10 (6) ◽  
pp. 1020
Author(s):  
Lukáš Novotný
Keyword(s):  
Decision Making ◽  
Czech Republic ◽  
Criminal Law ◽  
Criminal Code ◽  
European Countries ◽  
Sentencing Guidelines ◽  
Animal Abuse ◽  
The Czech Republic

This study seeks answers to questions regarding the kind of main legislative issues and obstacles there are in providing a legal solution to the problem of illegal puppy mills in the post-communist context, how criminal law experts opine about toughening the sentencing guidelines for animal abuse and deficient puppy mills, what kind of arguments have been formulated and how they have shaped the decision making by lawmakers, and how Czech politicians have argued in favour of or against toughening the sentencing guidelines for animal abuse. The Czech Republic was selected as a country of “flourishing” illegal breeding establishments and puppy exports to other European countries—a problem that has long required a solution. The introduction defines the concepts of animal abuse and puppy mills employed in the paper. Subsequently, the paper outlines existing laws as well as the amendments to toughen the sentencing guidelines. I use the example of debates among parliamentarians and legal experts on toughening the Czech Criminal Code and introducing longer prison terms to demonstrate some typical issues of the debates on tougher sentences for animal abuse in the post-communist region.

scholarly journals Los usos del Derecho Comparado en la reforma penal. Reflexiones a propósito del Anteproyecto de Código Penal Argentino elaborado por la Comisión designada por Decreto 103/2017

2019 ◽  
Vol 6 (10) ◽  
pp. 200-229
Author(s):  
José Daniel Cesano
Keyword(s):  
Comparative Law ◽  
Criminal Code ◽  
Legislative Policy ◽  
Preliminary Draft

This article aims to analyze one of the functions of Comparative Law. More specifically, its main purpose is to investigate how Comparative Law can be an auxiliary element to carry out the formulation of the legislative policy of a State. In this case from some institutions regulated by the preliminary draft reform of the Criminal Code prepared by the Commission designated by Decree103/2017.

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.

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.

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