Human Dignity as a Protected Interest in Criminal Law

2011 ◽  
Vol 44 (1-2) ◽  
pp. 143-167 ◽  
Author(s):  
Tatjana Hörnle ◽  
Mordechai Kremnitzer
Keyword(s):  
Criminal Law ◽  
Human Dignity ◽  
Child Pornography ◽  
Penal Code ◽  
Media Content ◽  
Human Beings ◽  
The Third ◽  
Objective Value ◽  
The Individual ◽  
Individual Human

Human dignity can be a protected interest in criminal law. This paper starts with some reflections about the meaning of human dignity and then examines offense descriptions in the German Penal Code and the Israeli Penal Code. These codes are used as sources for identifying possibly relevant prohibitions. One can indeed find numerous examples of offense descriptions that can be justified by pointing to human dignity, either as a main protected interest or as a protected interest in addition to other interests. The protected interest can be either the individual victim's right to human dignity or human dignity as an objective value. Offense descriptions that can be connected to “protection of human dignity” should, for analytical purposes, be divided into three groups: violations of the dignity of individual human beings through acts other than speech; violations of the human dignity of individuals through speech; and media content that does not contain statements about individuals but shows scenes of severe humiliation (e.g., fictional child pornography). Questions that need further discussion primarily concern the second group (what role should free speech play in cases of human dignity violations?) and the third group (does the acknowledgement of human dignity as an objective value mean to endorse a re-moralization of the criminal law?).

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

scholarly journals Eavesdropping in the Iranian Criminal Justice System

2018 ◽  
Vol 5 (2) ◽  
pp. 60
Author(s):  
Mansour Rahmdel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Penal Code ◽  
Exact Nature ◽  
Human Beings ◽  
Procedure Code ◽  
The Individual ◽  
Full Protection

That the individual shall have full protection in person is a principle as old as the human beings life, but it has beenfound necessary from time to time to define anew the exact nature and extent of such protection. As civilizationadvanced, an individual’s feelings and intellect, as well as his physical being, came within the scope of the legal“right to be let alone.”Iranian Constitution has guaranteed individual’s rights and freedom and has explicitly referred to forbiddance ofeavesdropping and interception of conversations in its article 25. Article 582 of Penal Code ratified in 1996 hascriminalized eavesdropping by the governmental officials. Article 104 of Criminal Procedure Code, which wasabolished in 2014, referred to eavesdropping under the judge’s order. Article 150 of new criminal procedure coderatified in 2014, and came into force in October 2014, has provided adequate safeguards to protect the individual’srights.

What is a Psychological Unit?

1995 ◽  
Vol 12 (2) ◽  
pp. 98-108 ◽  
Author(s):  
Vicki L. Lee
Keyword(s):  
Daily Life ◽  
Human Being ◽  
Human Beings ◽  
The Individual ◽  
Individual Human

This paper considers the question “What is a psychological unit?”. The ubiquity of units in daily life and in science is considered. The assumption that the individual human being or animal is the psychological unit is examined and rejected. The units represented by the data collected in operant laboratories are interpreted as a subset of the well-defined changes that individual human beings or animals can bring about. The departure of this interpretation from the traditional interpretation in terms of the behaviour of the organism is acknowledged. The paper concludes by noting the relation of the present interpretation of operant research to the problem of identifying psychological units.

International Criminal Law

1985 ◽  
Vol 20 (2-3) ◽  
pp. 206-242 ◽  
Author(s):  
Yoram Dinstein
Keyword(s):  
International Law ◽  
Legal System ◽  
The State ◽  
International Criminal Law ◽  
Human Being ◽  
Human Beings ◽  
Corporate Entity ◽  
The Veil ◽  
The Individual ◽  
Individual Human

The individual human being is manifestly the object of every legal system on this planet, and consequently also of international law. The ordinary subject of international law is the international corporate entity: first and foremost (though not exclusively) the State. Yet, the corporate entity is not a tangible res that exists in reality, but an abstract notion, moulded through legal manipulation by and within the ambit of a superior legal system. When the veil is pierced, one can see that behind the legal personality of the State (or any other international corporate entity) there are natural persons: flesh-and-blood human beings. In the final analysis, Westlake was indubitably right when he stated: The duties and rights of States are only the duties and rights of the men who compose them.That is to say, in actuality, the international rights and duties of States devolve on human beings, albeit indirectly and collectively. In other words, the individual human being is not merely the object of international law, but indirectly also its subject, notwithstanding the fact that, ostensibly, the subject is the international corporate entity.

scholarly journals PAKISTAN CRIMINAL LAW: A SHORT NOTE

2021 ◽  
Vol 2 ◽  
pp. 26-29
Author(s):  
Aleksey D. Scherbakov ◽  
Keyword(s):  
Criminal Law ◽  
Short Note ◽  
Criminal Code ◽  
The State ◽  
Penal Code ◽  
Islamic Republic ◽  
State And Society ◽  
The Individual

In the article author examines the current Criminal Code of the Islamic Republic of Pakistan - Pakistan Penal Code (PPC) of 1860. A brief analysis of the system of criminal law, its main provisions related to the concept of crime, punishment, certain types of criminal encroachments both on the individual and on the interests of the state and society is given. Also, when presenting the material, the author touches on the problems of the influence of Muslim law on criminal law.

Die heilige Ordnung der Menschenwürde

2020 ◽  
Author(s):  
Malte Möbius
Keyword(s):  
Human Dignity ◽  
Self Determination ◽  
Human Beings ◽  
Central Question ◽  
Basic Law ◽  
The Stability ◽  
The Individual

As human beings we are exposed to our mortality. Though we are unable to find the reason for our existence, we exist—with others. Being with others is both necessary for our survival and a source of joy and pain. The central question remains: How do we want to live together? Human beings need to be empowered to participate in this fundamental discourse. The concept of the ‘sacrality of the individual’ explains why inviolable values, such as human dignity, do not only need to be implemented in our Basic Law, but need to be filled with life—they need to be believed in. Rational concepts of order will always have arational foundations. The ‘Sacred Order of Human Dignity’ shows why an awareness of this fact is crucial for the stability of democratic self-determination.

Constitutional Principles and Criminal Law

1993 ◽  
Vol 27 (1-2) ◽  
pp. 84-99 ◽  
Author(s):  
Mordechai Kremnitzer
Keyword(s):  
Criminal Law ◽  
Human Dignity ◽  
Judicial Review ◽  
Constitutional Law ◽  
Human Beings ◽  
New Era ◽  
Basic Law ◽  
Penal Law ◽  
The Subject ◽  
The Relationship

The enactment of Basic Law: Human Dignity and Freedom marks the beginning of a new era in Israeli law. This is a fitting opportunity to sketch an initial outline for the relationship between the constitution and the substantive criminal law, and the effect of constitutional principles on penal law. The truth be told, the constitutional principles already existed prior to the enactment of the Basic Law. And if, for example, we examine Prof. Feller's approach to criminal law, we cannot but be impressed by the highly developed constitutional element. Nevertheless, Basic Law: Human Dignity and Freedom does provide an excellent excuse for addressing the subject. Moreover, its enactment paves the way for certain interpretive changes in Israeli penal law, and because it allows for judicial review of the legislature of the future, some clarification is called for as to the limits of legislative power in the field of criminal law in light of fundamental constitutional principles.Basic to constitutional law and criminal law is a shared image of human beings. It is a conception of human beings as “morally” autonomous, with the basic faculty to understand reality and distinguish right from wrong, able to contribute to developing social norms and to understand and internalize them, competent to decide how to act and capable of realizing that decision.

Actus Reus

Criminology ◽  
2021 ◽  
Author(s):  
Michelle Foster
Keyword(s):  
Criminal Law ◽  
Criminal Court ◽  
Mens Rea ◽  
Contractual Obligation ◽  
The Third ◽  
Actus Reus ◽  
Criminal Intent ◽  
The Individual ◽  
Affirmative Defense ◽  
Do So

Actus reus is an area of substantive criminal law and is an act by an individual that is deemed to be improper by societal laws. It is one of the elements of a crime and works in connection with mens rea or criminal intent. Illegal or immoral thoughts cannot be legally punished, but once those thoughts are put into action, there is a concurrence between the two elements. There are three types of actus reus, which include a voluntary act, possession, and omission. Within actus reus voluntariness is presumed on the part of the actor. If an accused party wishes to claim an action was involuntary, then an excuse defense would be necessary in criminal court. Possession is also a type of actus reus when an individual is in the possession of or has the possession of an item that is known by the individual to be illegal under the law. As an example, if a person is wearing a jacket that contains a bag of marijuana in the pocket and the person knows that the substance is illegal, then even if the marijuana is not the wearer’s marijuana, the action of possession is fulfilled due to the marijuana being an illegal substance. Omission is the third type of criminal act. Omission is satisfied when a person does not act when that person is required under law to do so. A person would be required to act when there is a contractual obligation to act or a duty to act, such as would be the case of a parent and a child. The parent has a duty to act to protect the child from harm. A defense to possession or omission is possible. Defenses include an alibi or an affirmative defense. A justification defense is one type of an affirmative defense where the accused party claims the action was not criminal given the circumstances of the situation such as duress, etc. An excuse defense is the second type of an affirmative defense in which the accused claims they should not be held accountable for the improper conduct for a reason such as age, intoxication, or insanity. Incomplete offenses, known as inchoate crimes, have their own section within criminal law but are treated similarly to completed offenses.

Introduction

2018 ◽  
Author(s):  
Christopher Cullen
Keyword(s):  
Human Beings ◽  
Technical Practice ◽  
Celestial Bodies ◽  
The Individual ◽  
Narrative Thread ◽  
Individual Human

The narrative I construct in this book lays emphasis on technical practice in observation, instrumentation and calculation, and the steady accumulation of data over many years—but it centres on the activity of the individual human beings who observed the heavens, recorded what they saw, and made calculations to analyse and eventually make predictions about the motions of the celestial bodies. Some of these people had official posts that gave them responsibility for work of this kind; others held official rank without such responsibilities, but still played a major role in technical discussions about celestial phenomena. A few others held no official rank at all, but showed themselves well capable of talking and writing about the heavens at an expert level. It is these individuals, their observations, their calculations and the words they left to us that provide the narrative thread that runs through this work....

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