scholarly journals Les victimes sans crimes : le traitement pénal des accidents de travail

Criminologie ◽  
2005 ◽  
Vol 21 (1) ◽  
pp. 35-56 ◽  
Author(s):  
Katherine Lippel
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Final Section ◽  
Health And Safety ◽  
Case Law ◽  
Criminal Code ◽  
Work Place ◽  
Work Related ◽  
Work Accidents ◽  
Accidents De Travail

More people die in Canada every year from work related accidents and illnesses than as a result of murder. More work days are lost to work accidents and illnesses than to strikes and lockouts. Yet the illegalities committed in the field of health and safety in the workplace are, for all intents and purposes, left unnoticed by the criminal justice system. This article addresses the use of penal and criminal law in Quebec against employers who have violated health and safety legislation and the Criminal Code. The first part examines the historical, political and social reasons why deaths and injuries in the work place are perceived as normal and inevitable, rather than as aberra -tions often of a criminal nature. The second part examines the application of statutory legislation in Quebec, particularly the Act Respecting Occupational Health and Safety (R.S.Q. c. S-2.1). The nature of the offences therein provided for is studied, as well as the attitude of the judiciary and the Quebec Health and Safety Commission (C.S.S.T.) towards their application. In the final section the relevant provisions of the Criminal Code are studied, in the light of the rare examples from case law where criminal negligence charges have been laid. The article concludes with the assertion that a change of attitude both on the part of the state and on the part of public opinion is necessary if we wish that health and safety in the workplace be taken seriously by employers.

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 CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

Legal challenges in bringing AI evidence to the criminal courtroom

2021 ◽  
pp. 203228442110570
Author(s):  
Katherine Quezada-Tavárez ◽  
Plixavra Vogiatzoglou ◽  
Sofie Royer
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Case Law ◽  
Fair Trial ◽  
Criminal Proceedings ◽  
Legal Challenges ◽  
Criminal Courtroom ◽  
European Criminal Law ◽  
Applications Of Ai

Artificial Intelligence (AI) is rapidly transforming the criminal justice system. One of the promising applications of AI in this field is the gathering and processing of evidence to investigate and prosecute crime. Despite its great potential, AI evidence also generates novel challenges to the requirements in the European criminal law landscape. This study aims to contribute to the burgeoning body of work on AI in criminal justice, elaborating upon an issue that has not received sufficient attention: the challenges triggered by AI evidence in criminal proceedings. The analysis is based on the norms and standards for evidence and fair trial, which are fleshed out in a large amount of European case law. Through the lens of AI evidence, this contribution aims to reflect on these issues and offer new perspectives, providing recommendations that would help address the identified concerns and ensure that the fair trial standards are effectively respected in the criminal courtroom.

scholarly journals Juridical Analysis Of Application Of Forgiveness (Rechterlijk Pardon) As A Basis Of Judge Consideration In Deciding The Criminal

2020 ◽  
Vol 3 (2) ◽  
pp. 307
Author(s):  
Sisno Pujinoto ◽  
Anis Mashdurohatun ◽  
Achmad Sulchan
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Legal Theory ◽  
Field Research ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Development Concept

The formulation of the problem in this study are: How is the principle position Rechterlijk Pardon in the criminal system in Indonesia, how the principles are applied Rechterlijk Pardon in a criminal ruling Decision Number 241 / Pid.B / 2019 / PN.Mjl andHow the development / concept of the Rechterlijk Pardon principle in the renewal of the Indonesian criminal law that will come related to the draft criminal law on the monodualistic principle?This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data obtained through field research which are then analyzed qualitatively using legal theory, the forgiveness agency theory, criminal justice system theory, and progressive legal theory. Based on the results of that study The position of the Rechterlijk Pardon Principle in the Criminal System in Indonesia is forgiveness is a form of forgiveness / deliverance from mistakes made. As a form of forgiveness, then with forgiveness, someone who is guilty is not sentenced or does not need to feel the punishment. Provisions such as this basically exist in conditional criminal conduct (voorwaardelijke veroordeling) regulated in Article 14a-14f of the Criminal Code. Conditional penalties are also referred to by part of the community with the term criminal trial or there is also termed as conditional punishment. Application of the Rechterlijk Pardon Principle in Criminal Verdicts Number 241 / Pid.B / 2019 / PN.Mjl it is applied later to act as the final safety valve in the criminal justice system if a case is not filtered at the prosecution and preliminary hearing judge stage. Development / Concept of the Rechterlijk Pardon Principle in the Future Renewal of Indonesian Criminal Laws Associated with the Draft Criminal Laws on the Monodualistic Principle are Forgiveness institution, is an important element to answer problems that cannot be accommodated with only 3 (three) types of decisions (free, loose, criminal funds).Keywords : Institutions; Forgiveness; Rechterlijk Pardon; Considerations; Judges; Decisions.

scholarly journals Kebijakan Hukum Pidana dalam Penanggulangan Tindak Pidana Perdagangan Anak

2020 ◽  
Vol 1 (2) ◽  
pp. 374-378
Author(s):  
I Ketut Eka Yoga Juliantika ◽  
I Made Sepud ◽  
I Ketut Sukadana
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Child Protection ◽  
Justice System ◽  
Criminal Code ◽  
Trafficking In Persons ◽  
Legal Research ◽  
Child Trafficking ◽  
Procedure Code

Children are often victims of child trafficking crime. There are a lot of factors that support the crime of child trafficking, one of which is the lack of regulation on child trafficking. Based on this background, this research was conducted with the aim of describing how the regulation of child trafficking and how the criminal law policy against child trafficking. This research was designed using a normative legal research method. The results of this study indicated that the regulation of child trafficking is regulated in Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, the Criminal Code (KUHP), namely Article 297, Article 301, Article 324, Article 328, and Article 330, RI Law No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law No. 35 of 2014 on Amendments to Law no. 23 of 2002 concerning Child Protection, and Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. Furthermore, the criminal law policy against child trafficking is regulated in the Criminal Code, the Criminal Procedure Code, Law no. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law no. 11 of 2012 concerning the Child Criminal Justice System, and Law no. 35 of 2014 concerning amendments to Law no. 23 of 2002 concerning Child Protection.

scholarly journals Penerapan Fungsi Ergonomi di Dapur pada Warmindo di Sekitar UNS

2019 ◽  
Author(s):  
Eva Arifiani Widyawati
Keyword(s):  
Occupational Health ◽  
Occupational Safety ◽  
Research Effort ◽  
Public Awareness ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
The Public ◽  
Work Related ◽  
Work Accidents ◽  
Save Energy

Cooking is an activity that is repeatedly every day. Cooking by applying occupational health and safety will ease and simplify the process, the time and energy needed will also be more efficient. The purpose of this research is to raise public awareness of the importance of implementing occupational health and safety, specifically ergonomics and physiology in all activities, especially when cooking. The method that I used in this research is qualitative descriptive with data collection techniques through direct case studies in "Warmindo" around UNS. The result of this research is to inform the whole community about the importance of implementing occupational health and safety, specifically ergonomics and physiology. This research effort, so that the public knows and aware of the importance of implementing occupational health and safety, because if people apply occupational health and safety in their activities it will reduce the number of work accidents in Indonesia and the community will also save energy and time. this research can introduce the public to work that is safe, healthy, and avoid work-related diseases in accordance with existing standards in occupational safety and health regulations. If the community apply it to their lives so that it can have an impact by reducing the level of work accidents or injuries due to improper work positions.

scholarly journals ERGONOMIC CONDITIONS ASSESSMENT OF A BUS FACTORY

2020 ◽  
Vol 4 (2) ◽  
pp. 35-47
Author(s):  
Koray AL
Keyword(s):  
Production Efficiency ◽  
Experimental Studies ◽  
Workplace Safety ◽  
Work Place ◽  
Total Efficiency ◽  
Work Related ◽  
Measuring Devices ◽  
Safety And Health ◽  
Work Accidents ◽  
The One

  Eventhough the production technology and capacity have been improved, manpower is indispensable. Coach production industry is one of the heavy industries. Production processes are mostly manpower in addition to automation and mechanization in these factories. Ergonomics is the one of the most important subject to increase the production efficiency and job security in heavy industry factories which use manpower heavily. Ergonomics is the field which aims to reduce the accidents and job related illnesses, anatomic problems in human body, psychological and physiological fatigue and minimize the workforce loss. Ergonomic statement evaluation is possible with providing ergonomic criteria such as anthrometric, environmental condition, and work place.   In this study, some experimental studies are done in order to evaluate the ergonomical conditions in chassis frame production, cataphoresis, paint shop, assembly, and quality inspection processes. The experimental studies include static and dynamic anthrometric measurements on a choosen process and experimental subject workers. The environmental conditions namely, temperature, humudity, lightening, air quality, and noise level are periodicly meausured with proper measuring devices and these data are recorded. The results are used to make an inference with comparing literature. Furthermore, inconvenient results are studied in order to determine the relation with work accidents, work related illnesses and total efficiency parameters in the factory. This study is considered to be a guidance for the effects of ergonomical conditions on workplace safety and health, work accidents and occurences, and production efficiency.  

scholarly journals OCCUPATIONAL HAZARDS IN CONSTRUCTION INDUSTRY: CASE STUDIES FROM HOUSING AND CONSTRUCTION WORKERS AT ADDIS ABABA, ETHIOPIA

2016 ◽  
Vol 4 (9) ◽  
pp. 84-96
Author(s):  
Thewodros Bekele Tolera
Keyword(s):  
Occupational Health ◽  
Occupational Injuries ◽  
Addis Ababa ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Construction Workers ◽  
Working Environment ◽  
Work Place ◽  
Occupational Hazards ◽  
Work Related

The status of occupational injuries in workplaces in general is ill defined in Ethiopia. Pocket studies indicate that occupational injury due to an unsafe working environment is increasing. Construction industries are growing industries region wise that has higher rate of work-related injuries. Knowing the associated factors of work-related injuries can be a critical step for improving the working condition of workers in the sector. Objective: This mini research aimed to evaluate occupational hazards and to describe factors affecting its happening among construction workers’ in Addis Ababa housing and construction project sites. Institutional based cross-sectional study design was employed to assess occupational injuries among randomly selected construction workers from June 30 –July 20, 2014. A structured questionnaire based interviews, work environment observation were used to collect the data. The response rate of this study was 82.7%. The majority of respondents were male which account 74.7% and 60 (96.8%) respondents were not using personal protective devices all the time while they are on duty. Out of the total participants, 67.7% of the workers experienced occupational injuries at least once in the last 12 months. Moreover, the three leading cause of injuries were puncture (21.0%) followed by hand injury (11.3%), and back pain (9.7%). Increased rate of work related injury in construction workers was observed and implementation of basic occupational health and safety services is required together with regular supervision to ensure and promote work place safety. So Preventive measures concerning functional occupational health and safety programs are essential to safeguard the health and safety condition of workforce in construction industries.

scholarly journals Perlindungan Hukum Bagi Anak Dalam Tindak Pidana Pencurian Dengan Kekerasan Yang Mengakibatkan Matinya Korban (Studi Putusan No. 37/Pid.Sus-Anak/2017/PN. Mdn)

2019 ◽  
Vol 1 (2) ◽  
pp. 183-192
Author(s):  
Tengku Fachreza Akhbar A ◽  
Maswandi Maswandi ◽  
Arie Kartika
Keyword(s):  
Criminal Law ◽  
Child Protection ◽  
Justice System ◽  
Legal Protection ◽  
Criminal Code ◽  
Legal Counsel ◽  
Prison Sentence ◽  
Next Generation ◽  
Juvenile Courts ◽  
History Of

Protection of children as perpetrators of crime will never stop throughout the history of life, because children are the next generation of the nation and the next generation of development, that is, the generation prepared as subjects for implementing sustainable development and controlling the future of a country. This type of research is normative juridical and descriptive analyst. The legal arrangements for the theft of violence with the result that the death of a victim is regulated in Article 365 of the Criminal Law Act, linked to Law 35 of 2014 Amendment to Law No.23 of 2002 concerning Child Protection, and Law No. 11 of 2012 Amendment to Law No. 3 of 1997 concerning Juvenile Courts. Legal protection that children get protection, accompanied by a Legal Counsel, Psychologist, the existence of peace efforts between the parties concerned. Sanctions and sentences in Decision No. 37 / Pid.Sus-Anak / 2017 / PN. Mdn because the perpetrators violated Article 365 paragraph (4) of the Criminal Code, considering Law Number 11 of 2012 concerning the Criminal Justice System for Children, the offender was sentenced to a prison sentence of six years.

scholarly journals WHITE COLLAR CRIMES, CORRUPTION AND BRIBERY IN ISLAMIC CRIMINAL LAW: LACUNA AND CONCEIVABLE PATHS

2018 ◽  
Vol 5 (1) ◽  
pp. 711
Author(s):  
Mohamed A. 'Arafa
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Islamic Law ◽  
Common Law ◽  
White Collar ◽  
Case Law ◽  
Legal Issue ◽  
History Of ◽  
Muslim Intellectuals ◽  
Legal Attitudes

The Islamic legal system differs from other legal attitudes, as civil law traditions described by law’s codification or common law practices based on binding judicial precedents. In Islamic law, there is neither history of law’s classification, nor an understanding of binding legal precedents.  The process of ijtihad (analogical deduction) in Islamic (Sharie‘a) law, though, is alike to Case law model. In this regard, Muslim scholars have had over the interpretation of the Sharie‘a rules and divine (God)’s law based on the Qur’anic provisions and the authentic Sunnah (Prophet Mohammad) traditions.  The chief sources of Islamic criminal law are the Qur’an, Sunnah, ijma‘a (consensus), Qiyyas (individual reasoning) along with other supplementary sources.  Where the principles of the Qur’an and Sunnah do not sufficiently resolve a legal issue, Muslim intellectuals use Fiqh (jurisprudence) which is the process of deducing and applying Sharie‘a values to reach a legal purpose and its methodologies and implementation are many, as numerous schools of jurisprudential (Sunni and Shie‘aa) thought (Hanafi, Maliki, Shafi‘i, and Hanbali) transpires.  Based on this succinct backdrop, this article will delve in elaborating the main principles of the Islamic criminal justice system regarding corruption and bribery from a descriptive viewpoint and will concludes that there is no real flaw between the Islamic system and the positive justice mechanisms. 

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