Payment of a Fine by a Person Other than the Defendant—Law and Policy

1974 ◽  
Vol 9 (3) ◽  
pp. 325-345
Author(s):  
Dan Bein
Keyword(s):  
Public Health ◽  
Criminal Law ◽  
National Economy ◽  
Road Traffic ◽  
Penal System ◽  
Short Sentence ◽  
Law And Policy ◽  
Penal Sanction

The main modes of punishment in our penal system are imprisonment, suspended imprisonment and fines, the last being the most frequently used. Fines as a mode of punishment becomes more and more popular the more it is realized that a short sentence of imprisonment often serves no useful purpose and is sometimes even harmful. Furthermore, as criminal law expands into new areas, as a means for the enforcement of administrative regulations, on public health, road traffic, national economy, etc., fines are used more since in many of these cases imprisonment is not regarded as a suitable sanction.Every one of the known aims of the penal sanction (retribution, deterrence, resocialization in their various aspects or, possibly a mere warning can be best achieved when the sentence is inflicted upon the defendant personally. There is no point, for instance, in imprisoning another person in place of the defendant or placing another on probation. In the same way fines too should be paid by the offender and not by anyone else.In practice, the problem of another person taking upon himself the defendant's penalty arises mainly in respect to fines, because it is not likely that one person would be willing to suffer imprisonment on behalf of another and furthermore, the means of identification used by the prison authorities makes this extremely difficult.

scholarly journals Drink, but don't drive? The alcohol industry’s involvement in global road safety

2020 ◽  
Author(s):  
Connie Hoe ◽  
Niloufer Taber ◽  
Sarah Champagne ◽  
Abdulgafoor M Bachani
Keyword(s):  
Public Health ◽  
Road Safety ◽  
Road Traffic ◽  
Expert Interviews ◽  
Mixed Methods Approach ◽  
The Public ◽  
Alcohol Industry ◽  
Alcohol Control ◽  
Mapping Review ◽  
Shed Light

Abstract Drink-driving is a major cause of global road traffic fatalities, yet few countries have laws that meet international best practices. One possible reason is the alcohol industry’s opposition to meaningful policies that are perceived to directly threaten sales. Our primary objectives are to document alcohol industry involvement in global road safety policies and programmes and to critically evaluate the responses of public health and road safety communities to this involvement. Under the guidance of the Policy Dystopia Model, we used a mixed methods approach in which data were gathered from expert interviews and a mapping review of 11 databases, 5 watchdog websites and 7 alcohol industry-sponsored initiatives. Triangulation was used to identify points of convergence among data sources. A total of 20 expert interviews and 94 documents were analysed. Our study showed that the alcohol industry acknowledges that drink-driving is an issue but argues for solutions that would limit impact on sales, akin to the message ‘drink—but do not drive’. Industry actors have been involved in road safety through: (1) coalition coupling and decoupling, (2) information production and management, (3) direct involvement in policymaking and (4) implementation of interventions. Our study also shed light on the lack of cohesion within and among the public health and road safety communities, particularly with regard to the topics of receiving funding from and partnering with the alcohol industry. These results were subsequently used to adapt the Policy Dystopia Model as a conceptual framework that illustrates the ways in which the alcohol industry has been involved in global road safety. Several implications can be drawn from this study, including the urgent need to increase awareness about the involvement of the alcohol industry in road safety and to build a cohesive transnational alcohol control advocacy alliance to curb injuries and deaths related to drink-driving.

scholarly journals POLITICAL CRIME IN THE IRANIAN PENAL SYSTEM AND THE POSITION OF CONSTITUTIONAL CIVIL LIBERTIES IN CRIMINALIZING POLITICAL CRIME

2021 ◽  
Vol 9 (3) ◽  
pp. 1099-1112
Author(s):  
Mehrdad Soleiman Fallah ◽  
Abdolvahid Zahedi
Keyword(s):  
Criminal Law ◽  
Civil Liberties ◽  
Penal System ◽  
International Level ◽  
Related Research ◽  
The Public ◽  
History Of ◽  
Political Crime ◽  
The Relationship ◽  
Historical Periods

Purpose: This study aims to analyze political crime in the Iranian penal system and the place of civil, constitutional freedoms in the criminalization of political crime. Methodology: In this study, we have tried to study articles and related research in this field and analyze the results of each to make a proper conclusion about the relationship between the Iranian systems in dealing with political crimes. Therefore, the only tools used in this study are documents related to political crimes at the international level. Main findings: Political Crime Law enacted in 2016, despite the basic forms of extensive discretion and lack of specific criteria for the judicial authority in determining whether a crime is political or non-political, practically made this law ineffective, regardless of the problems mentioned. Application of the study: Since the commencement of the country, political wrongdoing has been viewed as wrongdoing against the public authority. Therefore, the results of this study can be very effective in improving the performance of governments in preventing possible crimes against governments. Novelty/Originality: Given the multiplicity of political crimes in our country, as well as the complexities involved in the case of political crimes, it seems that in the history of our criminal law, there has been a will to legislate and determine the exact causes of political crime, and governments in most historical periods, they have made great efforts to identify political criminals. The novelty of this research lies in investigating the effect of political crimes on legal confusion in legislating political offenses.

scholarly journals Kazne u Francuskom krivicnom zakoniku od 1810. godine

Forum ◽  
2019 ◽  
Vol 1 (1-2) ◽  
pp. 87-107
Author(s):  
Milica Marinkovic
Keyword(s):  
Detailed Analysis ◽  
Criminal Law ◽  
Original System ◽  
Penal Code ◽  
Penal System ◽  
Practical Application ◽  
Old Regime ◽  
Further Development ◽  
European Criminal Law ◽  
Partial Division

The author in the paper analyzes the penal system of the French Penal Code of 1810 (Code pénal de 1810), bearing in mind the influence this Code and its penal system had on the further development of French and European substantial criminal law. The fact that the Napoleonic Penal Code of 1810, with its later modifications and additions, remained in force for 184 years, speaks in favor of this. In this paper the penal system of the Code of 1810 is exhibited according to the original system of the Code. The tri‐partial division of both criminal acts and penalties was a novelty in the European criminal law. Given the fact that this was a Code promulgated 21 years after the Bourgeois revolution, the author compares the penal system of this Code to the penal system of the first revolutionary Penal code of 1791, but also with penalties that were used in the “Old regime” (Ancien régime). Based on the data published in bills and literature, the author gives a detailed analysis of all penalties contained in the Penal Code of 1810. Thereby, the key criminological problems caused by the practical application of these penalties is pointed out.

scholarly journals TINJAUAN TENTANG SISTEM PEMIDANAAN DALAM PERBARENGAN TINDAK PIDANA MENURUT KUHP

2019 ◽  
Vol 9 (2) ◽  
pp. 120
Author(s):  
Fahrurrozi Fahrurrozi ◽  
Abdul Rahman Salman Paris
Keyword(s):  
Criminal Law ◽  
Descriptive Analysis ◽  
Criminal Code ◽  
The Other ◽  
Penal System ◽  
Other Hand ◽  
Qualitative Descriptive ◽  
Joint Crime

This study discusses the forms of crime in the context of criminal acts or the comparison of criminal acts (same loop) that occur in society. This happens where one person commits a crime, but it is not uncommon for one person to commit several functional crimes at the same time in the same place. On the other hand, there is also one person who determines the number of crimes at different times in different locations which in criminal law is known as the term of criminal acts or sharing criminal acts (same loop) or in Dutch is same loop van Strafbare Feiten. This study uses a normative method using qualitative descriptive analysis. The results of this study indicate that there are three forms of criminal acts namely Concursus Idialis, continuing actions and realist Concursus while the penal system in the proportion of criminal acts can be applied to three methods, namely Stelsel absorption, cumulative Stelsel, and limited cumulative Stelsel.Keywords: criminal code; criminal system; joint crime. AbstrakPenelitian ini membahas tentang bentuk-bentuk kejahatan perbarengan perbuatan pidana atau perbarengan tindak pidana (samenloop) yang terjadi di dalam masyarakat. Hal tersebut bisa terjadi dimana satu orang melakukan satu kejahatan tapi tidak jarang terjadi satu orang melakukan beberapa kejahatan baik dalam waktu yang sama di tempat yang sama. Disisi lain, ada juga satu orang yang melakukan beberapa kejahatan pada waktu yang berbeda di tempat yang berbeda pula yang dalam hukum pidana dikenal dengan istilah perbarengan perbuatan pidana atau perbarengan tindak pidana (samenloop) atau dalam bahasa belanda ialah sameloop van strafbare feiten. Penelitian ini menggunakan metode normatif, dengan menggunakan analisis deskriptif kualitatif. Adapun hasil penelitian ini menunjukkan bahwa ada tiga bentuk perbarengan tindak pidana yaitu concursus idialis, perbuatan berlanjut dan concursus realis sedangkan sistem pemidanaan dalam perbarengan tindak pidana dapat diterapkan tiga stelsel yaitu stelsel absorpsi, stelsel kumulasi dan stelsel kumulasi terbatas.Kata kunci: KUHP; sistem pemidanaan; perbarengan tindak pidana.

scholarly journals THE REFORM OF CRIMINAL JUSTICE WILL CONTINUE

2015 ◽  
Vol 2 (71) ◽  
pp. 3
Author(s):  
Uldis Krastiņš
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Road Traffic ◽  
The Other ◽  
Complex Composition ◽  
The Road ◽  
Scope Of Application ◽  
Criminal Penalties

The article substantiates the view that approved on the 9th of January 2009 by the Cabinet of Ministers of the Latvian Republic, the concept of policy of criminal penalties and adopted on the 13th of December 2013 by the Saeima, the numerous changes in the Criminal Law (CL), should be considered as the beginning of the reform of criminal law of Latvia. In particular, in CL, now is written the principle non bis in idem, the prohibited analogy in the criminal law, from the criminal law is excluded the institute of repetition of criminal acts in all its forms and thereby the scope of application of real set of acts. The author of the article points out that were developed also the other draft amendments and supplements in the CL, for example, regarding the special confiscation of property, the expansion of the content of the estimating concept of essential damage, the other interpretation of criminal acts in the road traffic is suggested, as well as the other forms of guilt in the criminal acts with the complex composition.

Cauzele justificative și transmiterea unor boli infectocontagioase

2020 ◽  
Vol 2020 (2020) ◽  
pp. 319-347
Author(s):  
Dorel HERINEAN ◽  
Keyword(s):  
Public Health ◽  
Infectious Diseases ◽  
Criminal Law ◽  
Social Value ◽  
Legal Practice ◽  
The Public ◽  
The Law ◽  
The Times ◽  
Near Future

In the context of the COVID-19 pandemic, this article analyses some possibilities provided by the law in order to protect the public health or the health of an individual, respectively the commission of certain actions sanctioned by the criminal law under the incidence of the justification causes, with the consequence of their lack of criminal character. Whether it is the means of retaliation or rescue that can be used by a person facing the transmission of infectious diseases, the actions necessary to prevent or combat the pandemic that the law authorizes or the availability or not of a person's health as a social value, the situations that may appear in the near future in the legal practice have not been previously studied by the doctrine and have an element of novelty. Thus, the article makes, based on some theoretical exercises, a punctual analysis of some problems of application and interpretation that could intervene and for which are offered, most of the times, generic, principled landmarks, but also some concrete solutions on the incidence or exclusion from the application of the justification causes.

Title XX Environment

2019 ◽  
Author(s):  
Sacha Garben
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Policy Making ◽  
Environmental Law ◽  
Case Law ◽  
Legal Basis ◽  
Common Concern ◽  
Law And Policy ◽  
Dense Set ◽  
The Eu

The environment does not respect man-made borders, and is of common concern and interest of all mankind. As such, it is an area that merits and requires cross-border law and policy making par excellence. This should be reflected in the strong role played by the EU, which has a firm Treaty mandate and duty to protect the environment, features a rich body of case law, and boasts a dense set of secondary legislation. The very good reasons for this notwithstanding, it remains a remarkable development considering the absence of any reference to the environment in the original Treaties. Although a programme for action in this area was soon adopted in 1973, only in the 1986 SEA was an environmental legal basis introduced. Much of the initial environmental acquis was therefore developed by the Commission, the Council, and later the EP on the basis of other Treaty provisions, such as (now) Articles 114, 115, and 352 TFEU. EU environmental protection also owes a debt to the ECJ, which included it in the legitimate objectives on the basis of which MS could derogate from the free movement provisions. The Court has interpreted the provisions of EU environmental law generally in a protective manner, and endorsed the use of criminal law for the effective enforcement of EU environmental legislation.

EU ‘Public Health’ and ‘Health-care’ Law and Policy

2019 ◽  
pp. 52-91 ◽  
Author(s):  
Anniek de Ruijter
Keyword(s):  
Public Health ◽  
Health Care ◽  
Health Policy ◽  
Human Health ◽  
Health Care Policy ◽  
The European Union ◽  
Law And Policy ◽  
Concept Of Health ◽  
Eu Policies ◽  
Health Care Law

Taking into consideration the central health provision in the Treaty, which outlines that health is to be ‘mainstreamed’ in all other EU policies, it could be inferred that EU public health and health-care policy and law is either non-existent as an autonomous policy area, or that it is basically everything, in that all EU public policy is also health policy. This puzzle forms the starting point for this chapter, which describes the nature of EU power in the field of human health currently. The chapter first, as an initial exploration, questions the existence of a European authoritative concept of ‘health’. Second, the chapter takes into consideration the nature of EU policymaking in general and regarding health in particular and develops a concept of EU health law and policy, distinguishing between EU public health and EU health-care law and policy. Last, to draw out the scope of EU health policy more specifically, a historical overview is given of the involvement of the EU in health. The chapter conceptualizes EU power in the field of human health as authoritative allocations of value through the European Union political system with the object of protecting and promoting human health. This conceptualization draws out the scope of policy that will be the central focus for the following chapters.

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