OBLIGATION TO DENOUNCE IN THE CONTEXT OF MEDICAL CONFIDENTIALITY

2020 ◽  
Vol 136 (4) ◽  
pp. 167-175
Author(s):  
EDYTA MUCHA
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Penal Code ◽  
Legal Obligation ◽  
Legal Representative ◽  
Medical Worker ◽  
Professional Activities ◽  
The Social ◽  
Social Obligation ◽  
The Subject

The subject of the article is the issue of the obligation to notify about a crime in relation to medical confi dentiality. Medical workers may obtain information indicating the commission of a criminal act while performing medical services. An important issue is whether, in such a situation, they can or should notify law enforcement authorities. In order to resolve these issues, the legislator defi nes the legal and social obligation to denounce. The legal obligation of a medical worker to notify about a crime relates to the offences specifi ed in Art. 240 (1) of the Act of June 6, 1997 — Penal Code. Among the enumerated types of generic acts covered by denunciation, particularly important due to the issues raised, are the crime of murder (Article 148 of the Penal Code) and deprivation of liberty (Article 189 of the Penal Code). A medical worker having obtained reliable information about the commission of a criminal act is obliged to notify law enforcement authorities. It is irrelevant whether they learned about it while carrying out professional activities or without a connection with their performance. The criminal sanction for failure to comply with the obligation under Article 240 (1) of the Criminal Code is a prison sentence of up to 3 years. However, the social obligation to denounce is introduced by Art. 304 (1) of the Act of June 6, 1997 — Code of Criminal Procedure. Failure to fulfi l obligations of this nature does not result in any criminal consequences. The social obligation to denounce does not include offences prosecuted on private accusation or on request of the victim. It is worth noting that this obligation does not repeal any of the laws regulating medical secrets. In this case, a medical worker who has learned of a crime in connection with the exercise of their profession has no obligation to denounce. It should be emphasised that a medical worker may fulfi l the obligation to denounce only if the patient or their legal representative has consented to it, or if there are premises for presuming the consent.

THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY

2021 ◽  
Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Access To Justice ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Administration Of Justice ◽  
The Status ◽  
Legislative Framework ◽  
The Law

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

scholarly journals The Future of Spirituality in Social Work: The Farther Reaches of Human Nurture

10.18060/83 ◽  
2005 ◽  
Vol 6 (1) ◽  
pp. 97-108 ◽  
Author(s):  
Edward R. Canda
Keyword(s):  
Social Work ◽  
Academic Disciplines ◽  
Integrative Approach ◽  
Historical Trends ◽  
Professional Activities ◽  
Current Trends ◽  
The Earth ◽  
The Social ◽  
International Collaborations ◽  
The Subject

This essay discusses the development of the social work profession in relation to the subject of spirituality and proposes future possibilities and recommendations for innovation. It presents historical trends within four phases leading to the present and beyond. Current trends indicate rapidly increasing quantities of publications and other professional activities about spirituality within a pattern of an ever farther reaching integrative approach that encompasses diverse religious and nonreligious perspectives, academic disciplines, international collaborations, and humanity’s relationship with the Earth.

scholarly journals Lenkijos baudžiamojo kodekso 218 straipsnio 1 paragrafas – darbuotojų teisių pažeidimas kaip nusikalstama veika (atskiri aspektai)

Teisė ◽  
2008 ◽  
Vol 66 (1) ◽  
pp. 127-135
Author(s):  
Joanna Łuczak
Keyword(s):  
Present Article ◽  
Social Insurance ◽  
Penal Code ◽  
Labour Relations ◽  
The Social ◽  
The Subject

Straipsnyje nurodomos išplėstinės teisinio regulia­vimo, sietino su darbuotojų teisių pažeidimu, priė­mus 1997 m. Lenkijos baudžiamąjį kodeksą, ribos. Analizuojama Lenkijos Respublikos baudžiamojo kodekso 218 straipsnio 1 paragrafe reglamentuotos nusikalstamos veikos sudėties subjekto problemati­ka, darbuotojo teisės, kylančios iš darbo ir sociali­nės apsaugos teisinių santykių, kaip kodifikuoto ir nekodifikuoto teisinio reguliavimo išraiška. Straips­nyje nurodoma, kad dauguma Lenkijos Respublikos darbo kodekse įtvirtintų darbuotojų teisių – konstitu­ciniai principai, taip pat principai, kylantys iš tarp­tautinių sutarčių; socialinės apsaugos teisės aktai yra nekodifikuoti. Taip pat analizuojama, ar darbuotojų šeimos nariai įgyja teisinę apsaugą, numatytą Len­kijos Respublikos baudžiamojo kodekso 218 straips­nio 1 paragrafe.Lyginant ankstesnį ir dabartinį teisinį regulia­vimą nurodoma, kad nusikalstamos veikos, re­glamentuotos BK218 straipsnio 1 paragrafe, su­bjektas yra nebe asmuo, atsakingas už įdarbinimą įmonėje, bet asmuo, kuris atlieka konkrečius dar­bo ir socialinės apsaugos teisės srities veiksmus; autorė straipsnyje neigiamai vertina Lenkijos bau­džiamojo įstatymo numatytą darbuotojų teisinės apsaugos reguliavimą, nes jame nėra reglamentuo­ta kompensacija už žalą, padarytą kaltais asmenų, padariusių Lenkijos Respublikos baudžiamojo įstatymo 218 straipsnio 1 paragrafo dispozicijoje nurodytą veiką, veiksmais. The present article focuses on the issue of mischievous or persistent infringing upon the employee’s righ­ts, resulting from labour relations or from the social insurance, on the ground of the Penal Code of 1997. As the range of the analyses conducted is limited, special attention was put to the subject – matters of protection and the subject of infringing upon the employee’s rights offence from art. 218 § 1 of the Penal Code2.

scholarly journals On the relevant questions of usage of information technologies for preventive purposes in oversight activity of the executive branch of government

2020 ◽  
pp. 27-37
Author(s):  
Ekaterina Nikolaevna Smirnova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Information Technologies ◽  
Digital Technologies ◽  
Executive Branch ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
Close Integration

The subject of this research is the legal norms regulating the usage of digital technologies in oversight activity of the executive branch of government, as well as law enforcement practice of utilization of digital technologies for preventive purposes in oversight activity of the executive branch of government. The object of this research is the social relations establishing in the process of digitalization of the prevention of violations of mandatory requirements. The author examines such aspects as usage of artificial intelligence in prevention of violations of mandatory requirements, as well as analyzes the implementation of “digital control” preventive purposes of oversight activity of the executive branch of government. The main conclusions of the conducted research consists in determination of positive experience from implementation of digital technologies for preventing violations of mandatory requirements, as well as in proposal of the new ways of using digital technologies for improving the effectiveness of implementation of preventive vector of oversight activity. The author also revealed a number of problems that may arise in case of close integration of digital technologies into preventive vector of oversight activity. The novelty consists in the fact that this article is first to explore the question of digitalization of prevention of violations of mandatory requirements, analyze the prospects of usage of digital technologies, as well as outline the “problematic” aspects of the phenomenon under consideration.

scholarly journals PERAN HAKIM SECARA FUNGSIONAL BERDASARKAN PASAL 44 KITAB UNDANG-UNDANG HUKUM PIDANA

2020 ◽  
Vol 8 (8) ◽  
pp. 1170
Author(s):  
I Nyoman Kari Widya Widana ◽  
I Dewa Made Suartha
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Research Method ◽  
Scientific Work ◽  
Criminal Code ◽  
Penal Code ◽  
Rule Approach

Studi ini bertujuan untuk menganalisis peran Hakim secara fungsional berdasarkan ketentuan Pasal 44 Kitab Undang-Undang Hukum Pidana (KUHP). Metode penelitian yang digunakan dalam penelitian ini adalah metode penelitian hukum normatif dengan menggunakan pendekatan peraturan perundang-undangan dan kasus. Adapun hasil penelitian menunjukkan bahwa peran hakim secara fungsional dalam menilai dan memutus perkara yang melibatkan orang yang cacat karena penyakit berdasarkan ketentuan Pasal 44 Kitab Undang-Undang Hukum Pidana (KUHP) dalam perkembangan penegakkan hukumnya saat ini telah dikesampingkan. Hal ini disebabkan masih lemahnya atau kurang jelasnya pengaturan Pasal 44 KUHP terkait peran hakim dalam menilai dan memutus perkara yang melibatkan pelaku tindak pidana yang jiwanya cacat dalam pertumbuhan atau karena penyakit, sehingga menimbulkan dualisme pandangan yang berbeda dari setiap sub sistem peradilan pidana (kepolisian, kejaksaan, peradilan). This study aims to analyze the role of Judges functionally based on the provisions of Article 44 of the Criminal Code. The research method used in this study is a normative-law study method using a regulatory and case-rule approach. As for the conclusion of this scientific work, the role of a functional judge and dissolution involving a person who is malformed by article 44 of the criminal code in the current law enforcement development has been ruled out. This is due to the lack of or clarity of the penal code, article 44 of the criminal code relating to the role of judge and cutting a case involving perpetrators whose lives are impaired in growth or because of disease, leading to a different dualismne view from any subsystem of criminal justice (police, prosecutors, justice).

scholarly journals Perception of law through the prism of legal and linguistic theory

2021 ◽  
Vol 1 (1) ◽  
pp. 48-53
Author(s):  
Olha Minchenko
Keyword(s):  
Law Enforcement ◽  
Cultural Context ◽  
Linguistic Theory ◽  
Speech Communication ◽  
Single Object ◽  
Linguistic Features ◽  
Social Phenomena ◽  
Adequate Response ◽  
The Social ◽  
The Subject

The relevance of the article is stipulated by the necessity to involve in jurisprudence the results of research obtained by intersectoral science – legal linguistics, the provisions of which are an important methodological basis for knowledge of law in postmodern society. The aim of the paper is to elucidate the importance of understanding law in modern conditions by means of legal and linguistic theory. It is noted that in the conditions of postmodern society objects and phenomena are perceived through different discourses, actualizing the issue of hermeneutics. Including in the field of epistemology of legal phenomena and processes. The papers of domestic scholars, the object of which is the issue of legal linguistics and which are divided into two groups are analyzed: papers of specialists in the field of linguistics (in these papers the attention of scholars focuses on linguistic features of legal texts - stylistics, morphology, etc.) and legal publications on certain aspects of legal linguistics. It is substantiated that within the framework of domestic jurisprudence the subject of legal and linguistic theory as a component of jurisprudence and, accordingly, the perception of law by means of the provisions of legal linguistics is poorly studied. Emphasis is placed on the fact that legal and linguistic theory, as a component of jurisprudence, provides an understanding of law, legal phenomena and processes by means of the social and cultural context in general and language, in particular, which connects it with theories of law understanding and law enforcement. It is the paradigmatic nature of legal and linguistic theory that allows us to perceive legal phenomena in a new way. It is emphasized that the legal and linguistic theory of jurisprudence does not consider law separately, language separately, and does not emphasize one of these objects; within it there is a single object - law and language. It is summarized that in the conditions of postmodern society there is a rethinking of social phenomena, including law. Hermeneutic interpretation becomes crucial epistemological tool of the humanities. In the awareness that legal phenomena and processes are not limited to the text of the legal act, and law is interpreted as an act of speech communication, it is legal linguistics that could become an adequate response to modern challenges.

scholarly journals Problems of criminal liability for illegal amber mining in Ukraine

2021 ◽  
pp. 113-117
Author(s):  
R.O Movchan ◽  
A.A Vozniuk ◽  
D.V Kamensky ◽  
O.O Dudorov ◽  
A.V Andrushko
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Main Type ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Scientific Methods ◽  
Illegal Mining ◽  
General Scientific ◽  
The Subject

Purpose. Critical analysis of the criminal law provision on illegal mining of amber, identification of its shortcomings, development of proposals for their elimination. Methodology. The system of philosophical, general scientific and specific scientific methods and approaches, which have provided objective analysis of the subject under consideration, in particular, the method of systemic and structural analysis, specific sociological, statistical, comparative, formal-logical methods. Findings. Shortcomings of the criminal law provision on illegal mining, sale, acquisition, storage, transfer, shipment, transportation and processing of amber, in particular, unjustified expansion of the criminal law prohibition under consideration, unsuccessful design of the main and qualified components of the criminal offense under review, as well as unjustified sanctions. Originality. The authors have been among the first researchers in the domestic criminal law doctrine to provide a comprehensive critical understanding of the provision dedicated to the regulation of criminal liability for illegal amber mining, which has made it possible to develop scientifically based recommendations for improving domestic criminal law. Practical value. Based on the research results, specific proposals addressed to domestic parliamentarians have been developed, which can be taken into account in the process of further lawmaking in terms of updating relevant provisions of the Criminal Code of Ukraine. It is argued that the improved Art. 240-1 should only cover illegal mining of amber. The main structure of the researched criminal offense is proposed to be designed as material. It has been proven, including through references to specific law enforcement materials, that sanctions of Part1 of Art. 240-1 of the Criminal Code of Ukraine should provide for a fine as the only non-alternative main type of punishment, while referenced to alternative punishments in the form of a fine and imprisonment should be included in Parts 2 and 3.

scholarly journals Sentencing of Minor Offences in Indonesia: Policy, Practice and Reform

2021 ◽  
Vol 10 ◽  
pp. 778-783
Author(s):  
Christina Maya Indah Susilowati ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Lower Limit ◽  
Criminal Law ◽  
Government Regulation ◽  
Criminal Code ◽  
Penal Code ◽  
Regulatory Issues ◽  
Policy Practice ◽  
Legal Method

This paper seeks to evaluate minor offenses in the Criminal Code in Indonesia. So far, the value limit for determining minor offenses in Indonesia is increasingly irrelevant to the value of the currency due to inflation. It will cause a gap in criminal law in dealing with changes. As the result, police will do unfair and non-humanistic law implementation. The objective of this study is to identify the importance of revising the lower limit of minor offenses in the Criminal Code in Indonesia. The study used a socio-legal method on the contextualization of Indonesian Criminal Codes related to the categorization of minor offense regulation in Government Regulation No. 2 of 2012 and in Penal Code, by utilizing a humanitarian perspective in law enforcement, especially by police who still charge some minor offenses with 5 years imprisonment. The results confirmed that some changes have been made related to this matter as the Indonesian Supreme Court has made some regulations, such as No. 2 of 2012 on adjustment in minor offense law. This means that all criminals doing minor offenses cannot behold as prisoners in the investigation or prosecution process. The main contribution of this study is to construct a perspective of legal and regulatory issues to emphasize a fair of justice in dealing with minor offenses with a model of humanistic law enforcement. The result is expected to practically contribute and recommend the importance of constructing fairness of justice principle in law enforcement in particular and of revising minor offense sentencing in general.

scholarly journals Invisible victims of induced abortions in the kingdom of Yugoslavia in the 1930s

Temida ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 345-358
Author(s):  
Kristina Jorgic-Stepanovic
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Regulations ◽  
Political Position ◽  
The Social ◽  
The Press ◽  
Induced Abortions ◽  
The Subject ◽  
Kingdom Of Yugoslavia

The author gives a detailed analysis of the 1929 Criminal Code paragraphs that pertain to abortion. Analyzing the social indications, the paper also explains the methodological inability to determine the precise number of abortions performed during the 1930s. However, the subject of this paper is not solely an exploration of legal regulations on abortions, but rather the identification of the treatment of women in the Yugoslav Kingdom?s Criminal law from this point of view. Considering that the problem of induced abortions was approached from the existing conservative- patriarchal socio- political position, the press was often the key source for analyzing and documenting this problem. Precisely because of this fact, the paper presents an affair that revolved around the work of gynaecologist Pance Stojanovic in mid-summer 1936. This case showed the deep corruption of the Yugoslav society, but also the involvement of various representatives of power in this affair. It turned out that the patients were women from different backgrounds, but that girls and women from affluent families were far more numerous. Faced with the increasing number of fatalities following induced abortions, doctors at the 17th Congress of the Serbian Medical Association called for changes to the articles of the Yugoslav Criminal Code relating to abortion.

Defining the Object of a Bribe: Some Aspects

2019 ◽  
pp. 55-67
Author(s):  
Aleksandr Hlus
Keyword(s):  
Forensic Science ◽  
Criminal Law ◽  
Criminal Code ◽  
Material Structure ◽  
The Social ◽  
The Subject

The article analyzes the subject of a bribe from the standpoint of criminal law of Republic of Belarus and forensic science. In most cases forensic description of the subject of a bribe is based on its criminal law characteristics, but it does not reflect its forensic features. In the theory of criminal law, bribe is considered as the subject of a crime. But from the outlook of the forensic (material) structure of crimes related to bribery, the subject of a bribe, depending on the situation, may not only be the subject of a crime, but also the subject of criminal encroachment. This results from the attitude of the bribe taker to the subject before it is received. For example, if the bribe taker demands (extorts) money or property, then they are the subject of criminal infringement. According to the author, the bribe requirement increases the social danger of an act, regardless of whether it is accompanied by the threat of harmful consequences for a citizen who is in legal relations with an official. This leads to the need for improvement of the Belarus criminal law, particularly the replacement of the term «extortion of a bribe» to the term «demand a bribe» in the relevant provision of the Criminal Code of the Rebublic.

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