Sexual-Orientation Hate Propaganda: Time To Regroup

1996 ◽  
Vol 11 (1) ◽  
pp. 221-240 ◽  
Author(s):  
Marie-France Major
Keyword(s):  
Sexual Orientation ◽  
Criminal Code ◽  
Unacceptable Behavior ◽  
Arbitrary Measure ◽  
Gays And Lesbians ◽  
Definition Of ◽  
Homosexual Community

AbstractThe Criminal Code contains two articles that deal specifically with hate propaganda. Articles 318 and 319 of the Code are not the result of an arbitrary measure taken by the Canadian legislator: they were enacted on the basis that it was necessary to offer protection to identifiable groups from propagators of hate. Although it is impossible to afford recourse against hate propaganda to all Canadian citizens, the present definition of identifiable groups must be expanded to include within its ambit those who are targeted because of their sexual orientation. This inclusion would signify to society at large that hate propaganda directed against gays and lesbians is unacceptable behavior and it would assure members of the homosexual community that they are full-fledged members of society. If we are to have laws to meet the concerns of special victimized groups, we must ensure that protection is given to all those who need it.

scholarly journals On the issue of criminal liability for violation of the rights to gender identity and sexual orientation

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Kovalova Svitlana ◽  
◽  
Sokolovska Nataliia ◽  
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Criminal Liability ◽  
Criminal Code ◽  
Proper Solution ◽  
Criminal Offenses ◽  
Court Proceedings ◽  
And Gender ◽  
Definition Of ◽  
The Right

The article analyzes the current state of ensuring the right to sexual orientation and gender identity, analyzes regulations, examines the statistics of criminal offenses on this issue. To achieve this goal, an analysis of current legislation on the grounds for criminal liability for violation of the rights to sexual orientation and gender identity, examined the results of court proceedings, identified motives for bias. It is established that there is no aggravating circumstance for violation of the right to sexual orientation and gender identity in the Criminal Code of Ukraine. The study showed that the current legislation of Ukraine on criminal liability for violation of the rights to sexual orientation and gender identity does not provide a proper solution to this problem. However, given the need for timely decision-making on this issue, there are reasonable proposals: to expand the list of «protected features» that are subject to protection, in particular criminal law; clearly define sexual orientation and gender identity as «protected traits»; to supplement the list of circumstances that aggravate the punishment provided for in paragraph 3 of Part 1 of Art. 67 of the Criminal Code of Ukraine, the grounds for committing criminal offenses based on hatred of sexual orientation and gender identity; for the correct functioning of the provisions of the Criminal Code of Ukraine, it is necessary to give a clear definition of such phenomena as: «intolerance», «sexual orientation», «gender identity» at the legislative level, which will prevent the abuse of these concepts. Keywords: intolerance, sexual orientation, gender identity, criminal offenses of hatred, protected traits, violations of rights, motives for prejudice

A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context

2017 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Nani Mulyati ◽  
Topo Santoso ◽  
Elwi Danil
Keyword(s):  
Criminal Law ◽  
Sufficient Conditions ◽  
Criminal Code ◽  
Legal Person ◽  
Philosophical Approach ◽  
Legal Personality ◽  
Legal Subject ◽  
Long Time ◽  
Definition Of ◽  
Broad Meaning

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.

Historical Experience of Criminalization: to the Centenary of the Guiding Principles on Criminal Law of the RSFSR

2019 ◽  
pp. 31-35
Author(s):  
Ivan Kozachenko
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Historical Experience ◽  
Law System ◽  
Political Situation ◽  
Historical Method ◽  
Advantages And Disadvantages ◽  
Concept Planning ◽  
Guiding Principles ◽  
Definition Of

The creation of the Guiding Principles on the Criminal Law of the RSFSR of 1919 is studied taking into account extremely complicated internal and external political situation in the country at the beginning of the twentieth century. Using the methods of analysis, synthesis, as well as comparative and historical method, the author determines the significance of the Guiding Principles in the law system of the young Soviet state. Some key norms of the document are examined. In particular, the definition of criminal law is analyzed and its advantages and disadvantages are identified. It is noted that the definition of a crime was formulated too broadly, and more significant steps in criminalization of different acts were made with the adoption of the RSFSR Criminal Code of 1922. It is indicated which persons were not punished according to the Guidelines. Attention is drawn to the way in which such a method of protection as necessary defense was set forth in this act. The Guiding Principles are not without certain disadvantages: for example, the institution of complicity is not sufficiently disclosed, there is lexical redundancy in the definition of the concept «planning the offence». However, the discrepancies between the main provisions covered in the Guidelines are explainable and excusable, taking into account the historical situation at the time of their adoption. The analyzed document became the basis for Russian criminal law, and some of its provisions are still relevant.

Criminal-Legal Characteristics of Encroachment on the Health, Personal Integrity, Honor and Dignity of a Representative of the Authorities

2021 ◽  
pp. 96-103
Author(s):  
N. Yu. Borzunova ◽  
O. S. Matorina ◽  
E. P. Letunova
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Criminal Code ◽  
Personal Integrity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Criminal Legislation

The authors of the article consider the criminal- legal characteristics of crimes against representatives of the authorities, in particular, encroachment with the purpose of causing harm to the health, personal integrity, honor and dignity of a representative of the authorities. The definition of the term “representative of the authorities”is given. The main characteristics of a representative of the government are analyzed. Statistical data on the number of convictions and types of punishments in accordance with the provisions of articles of the Criminal Code of the Russian Federation (Articles 318, 319) are summarized. Examples of judicial practice are considered. The ways of improving the criminal legislation are proposed.

Criminological assessment of the identity of the offender serving a sentence of imprisonment for crimes related to drug trafficking for the purpose of sale (on the example of the Republic of Belarus)

2019 ◽  
pp. 28-34
Author(s):  
Светлана Михайловна Казакевич
Keyword(s):  
Drug Trafficking ◽  
Criminal Code ◽  
Correctional Institutions ◽  
Educational Work ◽  
Personal Qualities ◽  
Points Of View ◽  
The Republic ◽  
Definition Of ◽  
Illicit Drug Trafficking ◽  
Criminological Analysis

В статье проанализированы имеющиеся в научной литературе точки зрения относительно понятия «личность преступника», представлена авторская дефиниция личности преступника, совершающего преступления в сфере незаконного оборота наркотиков с целью сбыта. Криминологическому анализу подвергнуты осужденные, отбывающие наказание в виде лишения за преступления, связанные с незаконным оборотом наркотиков, по ч. 2, 3 ст. 328 Уголовного кодекса Республики Беларусь. По результатам проведенного эмпирического исследования выявлены особенности социально-демографического, медицинского, уголовно-правового и нравственно-психологического характера, присущие осужденным указанной категории. Обосновывается необходимость осуществления сотрудниками исправительных учреждений постоянного мониторинга личностных качеств осужденных за преступления, связанные с незаконным оборотом наркотиков с целью сбыта, и выработки на этой основе наиболее оптимальных вариантов проведения с ними индивидуальной воспитательной работы. Представлена авторская разработка криминологической модели личности преступника, отбывающего наказание в виде лишения свободы за преступления, связанные с незаконным оборотом наркотиков с целью сбыта. The article analyzes the points of view of scientists regarding the concept of “the identity of the criminal”, presents the author’s definition of the identity of the criminal who commits crimes in the sphere of illicit drug trafficking with a view to marketing. Convicted prisoners who are serving a sentence of deprivation for crimes related to drug trafficking, according to the following parts, are subjected to criminological analysis. 2, 3 tbsp. 328 of the Criminal Code of the Republic of Belarus. According to the results of the empirical research, the peculiarities of the socio-demographic, medical, criminal law, and moral-psychological nature of the convicts of this category were revealed. It justifies the need for employees of correctional institutions to continuously monitor the personal qualities of those convicted of crimes related to drug trafficking with a view to selling, and to develop on this basis the most optimal options for carrying out individual educational work with them. The author presents the development of a criminological model of the identity of a criminal who is serving a sentence of imprisonment for crimes related to drug trafficking with a view to selling.

Paraprofessional Christian Ministries for Sexual Behavior and Same-Sex Identity Concerns

2002 ◽  
Vol 30 (3) ◽  
pp. 209-227 ◽  
Author(s):  
Mark A. Yarhouse ◽  
Lori A. Burkett ◽  
Elizabeth M. Kreeft
Keyword(s):  
Sexual Behavior ◽  
Sexual Orientation ◽  
Sexual Behaviors ◽  
Same Sex ◽  
Similarities And Differences ◽  
Definition Of Success ◽  
Definition Of ◽  
Exodus International

Paraprofessional Christian ministries for sexual behavior and same-sex identity concerns have grown significantly in recent years. Some ministries are affiliated with organizations that have specific standards for affiliation; others are independent. Some emphasize change of sexual orientation; others promote change of behavior and chastity. Some ministries provide services exclusively to homosexuals; others provide resources to homosexuals and heterosexuals alike. This paper reviews similarities and differences among paraprofessional Christian ministries for persons struggling with sexual behaviors and same-sex identity concerns. Similarities and differences are related to (a) mission/vision, (b) view of etiology, (c) method of intervention, (d) format, and (e) definition of success. Christian ministries include Exodus International-affiliated ministries, independent Christian ministries, Homosexuals Anonymous, and Courage. Impressions from the review of the various Christian ministries are also offered, including recommendations for making appropriate referrals.

scholarly journals The Prejudicial Effects of "Reasonable Steps" in Analysis of Mens Rea and Sexual Consent: Two Solutions

2018 ◽  
pp. 933
Author(s):  
Lucinda Vandervort
Keyword(s):  
Sexual Assault ◽  
Personal Experience ◽  
Common Law ◽  
Criminal Code ◽  
Decision Makers ◽  
Sexual Consent ◽  
Mens Rea ◽  
State Of Mind ◽  
Definition Of ◽  
Is Failure

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by section 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded in their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable,” given what the accused knew, the legal definition of consent in section 273.1 is easily overlooked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. The result is failure to enforce the law. The author proposes: (1) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and (2) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent.

scholarly journals Asking about Sexual Orientation and Gender Identity in Social Surveys in Japan: Findings from the Osaka City Residents’ Survey and Related Preparatory Studies

2020 ◽  
Author(s):  
Daiki Hiramori ◽  
Saori Kamano
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Population Based ◽  
Sexual And Gender Minorities ◽  
Step Method ◽  
Social Surveys ◽  
Sexual Orientation Identity ◽  
Gender Minorities ◽  
And Gender ◽  
Definition Of

Most studies on the measurement of sexual orientation and gender identity (SOGI) in representative surveys are conducted in Western countries. Whether the findings from these studies are applicable to countries with legal, religious, and cultural contexts regarding sexual and gender minorities distinct from Western societies is yet to be explored. To fill this gap, this paper summarizes the findings from focus groups and a pilot survey conducted to develop SOGI questions in the Japanese context. For sexual orientation identity, a six-category question that includes definition of each category, and for transgender status, a three-step method, are suggested for general use. The paper also reports on percentage distributions of SOGI by assigned sex at birth and by age group based on the Osaka City Residents' Survey, one of the first population-based surveys in Japan with SOGI questions. Overall, our findings illustrate the significance of examining the measurement of SOGI beyond Western societies.

scholarly journals Theoretical analysis of legislative definition of the regime in correctional institutions: problems and ways to solve them

2021 ◽  
Vol 7 (1) ◽  
pp. 70-75
Author(s):  
V. E. Juzhanin ◽  
D. V. Gorban'
Keyword(s):  
Theoretical Model ◽  
Theoretical Analysis ◽  
Russian Federation ◽  
Criminal Code ◽  
Penal System ◽  
Correctional Institutions ◽  
Scientific Thought ◽  
General Part ◽  
The Russian Federation ◽  
Definition Of

The article provides a theoretical analysis of Part 1 of Article 82 of the Criminal Code of the Russian Federation, which defines the regime in correctional institutions of the Russian penal system. It is noted that this definition does not correspond to the achievements of modern penitentiary scientific thought about the regime. In particular, it is emphasized that the regime cannot provide conditions for serving a sentence, since it includes these conditions. Also, the regime cannot ensure the protection of convicts, supervision over them and separate maintenance of different categories of convicts, since, on the contrary, the latter are the means of ensuring the regime. According to the authors of the article, the legislator incorrectly uses the phrase regime of detention of convicts, meaning regime of serving a sentence, since they are different legal phenomena. It is noted that the most optimal definition of the regime is presented in the theoretical model of the general part of the new Criminal Code of the Russian Federation, prepared by a group of authors, but the authors also subjected this definition to some adjustments.

scholarly journals RESPONSIBILITY FOR TRAFFICKING IN PERSONS UNDER RUSSIAN CRIMINAL LAW: ISSUES OF LEGISLATIVE TECHNOLOGY AND LAW

2020 ◽  
Vol 24 (4) ◽  
pp. 1078-1099
Author(s):  
Nina Yu. Skripchenko
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Social Consequences ◽  
Trafficking In Persons ◽  
Illegal Migration ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of

Today, no state in the world can say with confidence that it does not face the problem of human trafficking as it does not depend on the geopolitical position of the country, nor on the socio-economic situation. The negative social consequences of the transformations in Russia at the end of the last century determined not only its transit destination during the illegal migration of labor, but also the role of the sender and recipient of human commodity (mainly women and children) intended for exploitation (i.e. including sexual), surrogacy, removal of organs and tissues. Trying to adhere to the international definition of human trafficking as much as possible and drawing on the existing experience of regulation, the Russian legislator enshrined the norm in the Criminal Code (Article 1271) containing editorial flaws that impeded its implementation. The purpose of the study is to formulate proposals to address the deficiencies identified during the study of the legislative definition of trafficking in persons, which cause difficulties in enforcement. The methodological basis is constituted by general scientific (analysis and synthesis, dialectics) and private scientific research methods (system-structural, formal-legal, logical, linguistic). The paper notes the terminological difficulties associated with the inclusion of Convention norms in the system of Russian law. Noting the need to establish enhanced guarantees of child safety, the author does not see the need for independent criminalization of trafficking in minors. By identifying technical and legal shortcomings in the definition of human trafficking and human exploitation, the author suggests ways to solve them by reforming the criminal law and judicial interpretation at the level of the Plenary Session of the Supreme Court of the Russian Federation.

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