scholarly journals “Progressive” Criminalization? A Sociological and Criminological Analysis Based on the German “No Means No” Provision

2021 ◽  
Vol 22 (5) ◽  
pp. 817-832
Author(s):  
Ralf Kölbel
Keyword(s):  
Social Policy ◽  
Criminal Policy ◽  
Policy Discourse ◽  
Criminal Prosecution ◽  
Sexual Interaction ◽  
Sexual Offenses ◽  
Essential Question ◽  
Penal Law ◽  
Criminological Analysis

AbstractThe “no means no” model has been applied in Germany since November 10, 2016. Its introduction has considerably extended the scope of criminalized forms of sexual interaction. This Article examines the criminal policy discourse that gave rise to it and the question of whether the new provisions have led to the changes in the practices of criminal prosecution proclaimed in advance. The results will be critically assessed. The new legislation relating to sexual offenses was also shaped on the initiative of groups perceiving themselves as emancipatory, and in the understanding of these groups, the “no means no” provision acts as “progressive” criminalization. Yet, aside from the fact that the associated expectations have hardly been met as of yet, this movement would have to resolve an essential question: Is penal law compatible with a “progressive” social policy they claim to stand for at all, and if so, what conditions does it have to meet?

scholarly journals Efficiency of Judiciary and Penalty Policy of Courts in Serbia for Criminal Work Violence in Family // Efikasnost pravosuđa i kaznena politika sudova u Srbiji za krivično delo nasilje u porodici

2019 ◽  
Vol 9 (9) ◽  
pp. 69
Author(s):  
Dragan Jovašević
Keyword(s):  
Domestic Violence ◽  
Rule Of Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
International Standards ◽  
Criminal Prosecution ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
The Family

Under the influence of international standards, in the first place of the Istanbul Convention, in Serbia at the beginning of this century, there were several statutory texts such as the Criminal Law (2002), the Family Law (2005), the Criminal Code (2005) and the Law on the Prevention of Violence in the family (2016) determined the concept, elements, characteristics and forms of manifestation of the criminal act of domestic violence, as well as a system of preventive and punitive measures in order to prevent and suppress it. However, there is a greater or lesser disparity between legislative solutions and judicial practice, which also affects the efficiency of the functioning of the judiciary, and therefore the rule of law in general. To a large extent they contribute to the results of the policy of criminal prosecution, ie the criminal policy of the courts for the criminal offense of domestic violence in the last decade in Serbia whose results are presented in this paper.

The Wrongfulness of Crimes of Unlawful Association

2008 ◽  
Vol 11 (4) ◽  
pp. 563-589 ◽  
Author(s):  
Manuel Cancio Meliáá
Keyword(s):  
Organized Crime ◽  
Criminal Policy ◽  
Criminal Organization ◽  
Political Organization ◽  
Collective Interest ◽  
Criminal Organizations ◽  
Actual Content ◽  
Penal Law ◽  
Penal Codes ◽  
Basic Approaches

Though always present in penal codes, offenses based on belonging to a criminal organization occupy a vanguard position in today's evolution of penal law systems: organized crime is located at one of the most prominent places in the criminal policy agenda. Nevertheless, neither criminal law theory nor the actual content of criminal provisions nor the putting of theory into practice enables an adequate restriction of the interpretation of the laws against criminal organizations. Therefore we need to investigate the wrongfulness at the base of this offense. European legal scholarship has proposed two basic approaches: to consider that this offense anticipates the possibility of punishing and prosecuting such behavior (anticipation theory) or to consider that it harms a collective interest ("public security," "public peace"). From our perspective, it is necessary to underline the collective wrongfulness embedded in a criminal organization and that, beyond the actual crimes committed, it questions the monopoly of violence exercised by the state. It represents the constitution of a violent organization that counters the basis of state political organization (arrogation of political organization). This approach opens a possibility to adequately define the offense of belonging to a criminal organization.

Evolving meanings of “the social” in the international development agenda

2015 ◽  
Vol 31 (2) ◽  
pp. 114-131 ◽  
Author(s):  
Naila Kabeer
Keyword(s):  
Social Policy ◽  
International Development ◽  
Development Policy ◽  
Growth And Development ◽  
Policy Discourse ◽  
Policy Agenda ◽  
Policy Documents ◽  
Means And Ends ◽  
Development Agenda ◽  
The Social

This paper argues that while social policy as an explicit aspect of policy discourse has relatively recent origins within the international development agenda, concerns with “the social” have featured from its very early days seeking to challenge the conflation between growth and development. The paper focuses on key international conferences and policy documents to analyse contestations over the meanings of “the social” within development policy discourse and their efforts to rethink its boundaries with “the economic”. It suggests that these contestations have helped to spell out the basic outlines of an alternative policy agenda in which concerns with “the social” have come to define both the means and ends of development.

scholarly journals CRIMINAL POLICY REGARDING CRIMES COMMITTED IN THE SPHERE OF BUSINESS

2020 ◽  
pp. 40-56
Author(s):  
Oleg A. Zaitsev ◽  
◽  
Vladimir P. Kashepov ◽  
Stanislav L. Nudel ◽  
◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Policy ◽  
Legal Protection ◽  
Legal Regulation ◽  
Economic Security ◽  
Economic Crime ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Economic Rights ◽  
Economic Relations

In the article, the authors consider the problems of the formation and implementation of criminal policy in relation to crimes committed in the field of entrepreneurial activity in the context of the development of criminal and criminal procedural law and law enforcement practice. In the Russian Federation, special attention is paid to building trust between government and business; stability and predictability of legal regulation of economic relations; the formation of a law enforcement system that effectively protects economic rights and freedom of entrepreneurship. At the same time, the current norms on responsibility for crimes of an eco-nomic orientation in conjunction with procedural forms of criminal proceedings, as well as their actual implementation, cause justified concern in the science of law and law enforcement practice due to their imperfection. Ensuring the protection of economic relations should be expressed not only in combating economic crime, but also in the development of effective criminal law and criminal procedural mechanisms for protecting the legitimate interests of entrepreneurs who may be involved in the sphere of criminal proceedings. The leading components of Russian criminal policy in the field of economic security are such forms of legislative transformation as criminalization and decriminalization. The ongoing socio-political and economic transformations necessitate the decriminalization of certain acts (for example, in relation to pseudo-business; deliberately false advertising, consumer fraud, etc.) or require the criminalization of certain acts in the economic sphere (in particular, in relation to the falsification of a single state register of legal entities, illegal retail sale of alco-holic and alcohol-containing food products, etc.) The humanization of legislation is substantiated by modern concepts of substantive and procedural guarantees for ensuring the rights of entrepreneurs, aimed at mitigating measures of criminal repression, the need to maintain a balance of private and public interests that need appropriate legal protection. Modern criminal policy is inevitably associated with the further modernization of criminal proceedings, the democratization of its principles and means of law enforcement. At the same time, the main emphasis is placed on the creation of a special, favorable procedural regime in the conduct of preliminary investigation and court proceedings. First of all, this concerns changes in the procedure for applying preventive measures. In addition, in cases of crimes in the field of entrepreneurial and other economic activity, the criminal procedure legislation has undergone changes, fixing the features: the procedure for considering a report of a crime; initiation of a criminal case against entrepreneurs; the performance of procedural actions with electronic media, other items and documents seized in the course of criminal proceedings; release from criminal liability and termination of criminal prosecution, etc. It is concluded that, within the framework of the state's criminal policy, one should expect changes and additions to criminal and criminal procedural legislation aimed at strengthening trust between the government and business, the formation of a fair law enforcement system that can effectively protect basic economic rights and freedom of entrepreneurship.

scholarly journals Penyelesaian Perkara Anak yang Berhadapan dengan Hukum Menurut Undang-Undang No. 11 Tahun 2012

2020 ◽  
Vol 2 (2) ◽  
pp. 291-311
Author(s):  
Rachmawati Rachmawati
Keyword(s):  
Restorative Justice ◽  
Equal Opportunity ◽  
Descriptive Analysis ◽  
Individual Responsibility ◽  
Inductive Method ◽  
Criminal Prosecution ◽  
Rights Of The Child ◽  
Library Research ◽  
Penal Law ◽  
The Law

The repressive juvenile justice paradigm has begun to be abandoned and replaced by the concept of solving a child criminal case with a restorative concept that views all parties, perpetrators, victims, and communities having equal opportunity to resolve conflicts caused by a crime. The restorative concept is in conformity with the conventions agreed upon by countries in the world in the Convention on the rights of the child in 1990 with international instruments including Beijing Rule dated 29 November 1985. The study of the crime against children in Islam has existed before the rule of the child in the ancient conventional low. The objective of punishment in Islam is not only to recognize the retributive objectives as the main objective in criminal prosecution but also to recognize other objectives such as the rehabilitation of the perpetrator and also the restorative between the perpetrator and the victim. Here is the interesting thing that will be studied comprehensively related Maqasid Al Syari’ah in applying restorative justice especially in case of child face to law. See the complexity that accompanied restorative justice in children facing the law, the authors are interested to examine the settlement of lawsuits children in accordance with the law no 11 of 2012 analysis Maqasid Al syari’ah this research is library research, descriptive analysis and analyze data qualitative with inductive method. The approach used is normative juridical, by looking at restorative justice in the penal law of Indonesia, this research aims to know the value of Maqasid Al Syari’ah in process of settlement of child crime case and examining view of Islam law to restorative justice value contained in law no 11 of 2012. After the research, it can be conclude that the application of restorative justice has long been adopted in the Islamic legal system, precisely on qiyas-diyat criminal acts. In the context of children, the application of restorative justice is more accommodated, given the urgency and for the benefit of the child as the nation’s successor. Whereas in viewing restorative justice in the SPPA act indicates the existence of reconciliation effort of forgiveness, correction of relationship, there is also structural responsibility as balancing individual responsibility, all of which obviously accommodated in the purpose of punishment Al-isti’adah.

scholarly journals Presumption of the Effectiveness of Public Property Management as a Factor of Improving the Criminal Policy Regarding the Abuse and Excess of Authority

2019 ◽  
Vol 13 (6) ◽  
pp. 951-961
Author(s):  
Mikhail Borodach
Keyword(s):  
Social Role ◽  
Criminal Policy ◽  
Expert Assessment ◽  
Criminal Prosecution ◽  
Property Management ◽  
Criminal Cases ◽  
The Public ◽  
Managerial Decisions ◽  
Public Property ◽  
The Supreme Court

The article examines ways of improving the practice of criminal law enforcement in the cases of the abuse and excess of authority in public property management. The author proves the insufficiency of the current indicators of criminal punishability when the excess or abuse of authority in the management of public property takes place. It is necessary to include into law (at least within the framework of the guidelines of the Plenary Session of the Supreme Court of the Russian Federation) the presumption of the maximum effectiveness of the selected method of managing the public property. The author attempts to formulate and describe the normative content of the suggested presumption using the thesis of equal effectiveness’ potential for different forms of property. The author also comes to an interim conclusion that this presumption is a specific case of a more general presumption of the effectiveness of a public owner. It is proven that the use of the analyzed presumptions agrees with the solidifying social role of public property, unlike the empirically unsubstantiated thesis of its apparent ineffectiveness. This circumstance excludes the linear approach to the assessment of managerial decisions regarding public property and, thus, shows that the established indicators of criminal punishability of the excess or abuse of authority by officials are insufficient for making well-grounded decisions on the initiation of criminal prosecution in connection with public property management. It is suggested that criminal punishability must be based on the expert assessment of managerial decisions made by officials, of their actions (inaction) in comparison with other possible scenarios within the examined managerial situation, which must be carried out at the stage of initial inquiry. The results of this expert assessment must form the grounds for making decisions regarding the initiation of criminal cases on the excess or abuse of authority against specific officials. Besides, the author also states that there are certain limits to applying this approach and that it is not universal.

The surrender of prosecuted persons under the EAW procedure: Issues of transposition of EU criminal policy to the national level

2020 ◽  
Vol 11 (1) ◽  
pp. 54-68
Author(s):  
Joanna Beata Banach-Gutierrez
Keyword(s):  
Mutual Recognition ◽  
National Level ◽  
Criminal Policy ◽  
Criminal Prosecution ◽  
Eu Member States ◽  
Polish Experience ◽  
European Arrest Warrant ◽  
National Citizenship ◽  
The Eu

This article deals with the transposition of European Union (EU) criminal policy to national justice systems, taking, as an example, the surrender of prosecuted persons under the European Arrest Warrant (EAW) procedure. In particular, attention is focused on the question about the limits of the application of mutual recognition in the event of executing the EAW that is also linked to the increasing role of punishment, as a measure for rehabilitation and reintegration of the offender into society. The author argues that national citizenship should be treated very carefully by judicial authorities in the EU Member States which are deciding on the surrender of the prosecuted person under the EAW procedure. This care should apply whether surrender is for the purposes of criminal prosecution, the execution of custodial sentences or in the case of the transfer of sentenced persons to their State of nationality under Council Framework Decision 2008/909/JHA. With this aim, the first section explains the possible functions of punishment in contemporary penology; the second section is devoted to the Court of Justice of the EU rulings which are crucial for the further developments of EU criminal policy; and the third section refers to the Polish experience in surrendering own nationals for the purposes of prosecution in the EAW issuing Member State.

Criminal law and economic activity (ratio of private and public interests)

2020 ◽  
Author(s):  
V. Artemov ◽  
N. Golovanova ◽  
A. Gravina ◽  
O. Zaycev ◽  
V. Kashepov ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Preliminary Investigation ◽  
Criminal Policy ◽  
Economic Security ◽  
Business Community ◽  
Criminal Prosecution ◽  
General Description ◽  
Criminal Proceedings ◽  
Wide Range ◽  
Legitimate Interests

The scientific and practical guide is devoted to the formation of a comprehensive and systematic approach to improving the activities of the court and preliminary investigation bodies in cases of crimes committed in the field of business and other economic activities (including taking into account the experience of law enforcement practice in criminal prosecution of entrepreneurs in a number of foreign countries). The problem of establishing a balance between the duties of judicial and investigative bodies within their competence to take measures to ensure economic security and to respect the rights and legitimate interests of entrepreneurs involved in criminal proceedings is considered. The author defines the main directions and forms of modern criminal policy in this area; gives a General description of the criminal legal situation in terms of ensuring economic security; identifies additional guarantees of the rights and legitimate interests of entrepreneurs provided in the implementation of law enforcement activities. Particular importance is attached to the study of substantive and criminal procedural mechanisms used in criminal proceedings on economic crimes. For researchers, practicing lawyers, representatives of the business community, teachers, postgraduates, students of law schools and faculties, as well as for a wide range of readers interested in this issue.

Conclusion

2017 ◽  
Author(s):  
Fred Powell
Keyword(s):  
Social Policy ◽  
Welfare State ◽  
Child Poverty ◽  
Policy Discourse ◽  
The Political ◽  
Policy Initiatives ◽  
Health And Social Care ◽  
Modernist Project ◽  
Political Divide ◽  
Universal Health

This chapter summarizes key themes and presents some final thoughts. The book has evaluated the political meaning and social reality of the Irish welfare state at the centenary point of the Irish revolution (1913–23). It argued that unlike many other modern democratic societies, the term ‘welfare state’ has had a weak political resonance in the lexicon of Irish social policy discourse. This reflects the weakness of the modernist project in Ireland and the absence of a classical European left-right political divide that gave shape to modern democratic politics. A more socially just republic will involve a universal welfare state charged with tackling the challenges of insecure job markets, scarce housing, and overstretched public services as a democratic imperative. A universal welfare state will also involve ten core social policy initiatives, including a universal health and social care system funded from taxation, ending child poverty, and addressing social inequality.

Victims of Crime and the Criminal Process

1997 ◽  
Vol 31 (1-3) ◽  
pp. 337-378 ◽  
Author(s):  
Dionysios Spinellis
Keyword(s):  
Crime Prevention ◽  
Criminal Policy ◽  
Criminal Procedure ◽  
Criminal Process ◽  
Penal Law ◽  
Special Concern ◽  
Victims Of Crime

In the last two decades the victim of crimes has been moved from the periphery to the centre of interest of penal law and criminal policy.In the domain of substantive penal law the victimological approach created a trend toward the restriction of the field of application of certain penal provisions, especially in cases where the victim could have protected himself or herself more effectively, e.g., in fraud cases.In the area of criminal procedure the trend has been toward an increased protection of the victim. This trend was extended gradually to the policies of crime prevention and influenced even the policies of enforcement of penal decisions and treatment of offenders. In this paper, however, I am going to address myself mainly to the problems of the protection of and assistance to the victim in the penal process, which raise a special concern, since they seem sometimes to be in conflict with other purposes of the penal law in general and the criminal process in particular.

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