Introduction: Criminal Law

1998 ◽  
Vol 11 (1) ◽  
pp. 3-5
Keyword(s):  
Criminal Law ◽  
Common Good ◽  
Criminal Responsibility ◽  
Human Beings ◽  
Public Response ◽  
The Public ◽  
Moral Basis ◽  
Fertile Ground ◽  
Justification Of Punishment ◽  
Criminal Conduct

It is hardly surprising that philosophers have long regarded the criminal law as fertile ground. As the most visible application of state power, the criminal law raises issues of the first importance to political philosophy: issues of liberty, justice, and the common good. In announcing and enforcing rules of behaviour the criminal law connects with the concerns of moral philosophers, who have paid particular attention to the justification of punishment and the moral basis of criminal responsibility. Lastly, since the criminal law is typically concerned with the actions of human beings, it raises issues in the philosophy of action. Philosophers have devoted much attention to such central criminal law concepts as voluntariness, intention, and causation.The essays collected here explore topics which fall into three broad groups: the interests protected by the criminal law, the relation of agents to outcomes, and defenses to otherwise criminal conduct. Criminal law protects certain types of interests against certain kinds of invasions. Not everything that sets back a person’s interests is subject to legal sanction. Among those interests that the law deems worthy of protection, only certain kinds of invasions merit criminalization. The papers by Marshall and Duff, Hampton, Lacey, and Brett all touch on issues of the moral basis of criminalization. Marshall and Duff focus on the general issue of criminalization, arguing that crimes merit a certain kind of public response because they are attacks on the public. Drawing out the implications of the familiar fact that the state is a party to a criminal proceeding, they argue that the criminal law appropriately addresses wrongs that are shared by the wider community. For Marshall and Duff, criminalization is about deciding that a wrong against one person is serious in a way that makes it a wrong against everyone in the community, and demands a collective response.

Responsibility and the Young Person

1998 ◽  
Vol 11 (2) ◽  
pp. 277-309 ◽  
Author(s):  
Lisa Micucci
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Young Person ◽  
Legal Responsibility ◽  
Special Treatment ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Minimum Age ◽  
Criminal Conduct

In 1993, two young boys were convicted for the murder of a two-year-old toddler, James Bulger. Both boys were ten years old when the murder was committed. Such a violent act raises the timeless question: At what age should a child be held fully responsible by a nation’s criminal justice system for criminal conduct? Serious crimes are being committed by young persons and the public seems to have the impression that such acts are being committed at an increasingly young age.Generally, the age of criminal responsibility (or legal responsibility) refers to the age at which a person becomes subject to the full penalties provided by the criminal law and this age varies greatly from country to country. In the Bulger case, at the age of ten, both boys had reached the age of criminal responsibility in England. Yet in other countries, this would not have been the case. In Canada, for example, the young persons would not have been subject to the criminal law since the minimum age of legal responsibility is twelve years. Historically, young persons have been given special treatment under the criminal law. Under the doli incapax (incapable of committing a crime) standard, a child’s capacity to commit a crime was questioned when attempting to affix criminal responsibility. Some countries still adhere to this common law doli incapax rule. In the first section of this paper, I will outline both the historical and present diversity between countries in relation to the age of criminal responsibility, as well as the associated advantages and disadvantages of these various systems.

scholarly journals ASAS PERTANGGUNGJAWABAN TERHADAP KORPORASI YANG MELAKUKAN TINDAK PIDANA PERBANKAN

2016 ◽  
Vol 1 (1) ◽  
pp. 17
Author(s):  
Nurul Sasmita
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Strict Liability ◽  
Mens Rea ◽  
Human Beings ◽  
Conceptual Approach ◽  
Criminal Offense ◽  
Actus Reus ◽  
Sense Of Justice

The aims of this thesis is (1) to investigate andexplain the positions of corporations in conducting banking criminalacts, and (2) also to identify and explain the criminal responsibility ofbank as the perpetrator in banking criminal acts. This research isnormative, conceptual approach and the approach of legislationregarding responsibility principles of the corporation for banking criminalacts.Corporations have chances in committing a crime, especially bankingcriminal acts just by making a corporation recognized as a subject ofexistence apart from human beings, so that in practice there is a criminal offense committed by the corporation. The corporation takespart in the occurrence of a crime. In practice, the determination of acriminal offenseconducted by the corporation is known through two things: first, the works of the committee: they should be constructed as theyuse the principles of the liability of corporation’s criminal actions. Principally, stakeholders and officials or employees of a corporationhave the responsibility for its owncorporate actions; second, errors in the corporation,as long as it is in the science of criminal law, the overview of criminals is still oftenassociated with physical actions performed by the manufacturers(fysieke dader) but this can be overcome by the study of  "functionalactors" (functioneledader). We can prove that the action of committeeor employees of the corporation in the society act traffic concerned,the acts of the corporationerrors in the forms (dolus or culpa) must be regarded ascorporate faults.Towards the corporations that make banking criminal acts we canhave their responsibility with the principles of strict liability. Onthe principle of strict liability, it is known that the responsibility ison them even if they do not have the required mens rea. The substanceof this principle is that the perpetrator has been punished if theperpetrator may have provable conduct prohibited by the criminalprovision (actus reus) withoutsee the inner attitude. In this conception, the corporation is consideredhaving responsibility forphysical acts performed by management. A corporation convicted in principles isintended to develop a sense of justice in the corporation who commitsbanking criminal acts as stated in Article 46 paragraph (2), sothat if a corporation committed criminal acts, we can also have theresponsibility of the corporation. Keywords:Banking Criminal Acts, Corporation, ResponsibilityMenurut peraturan perundang-udangan, korporasi sebagai subyek hukum dapat dikenakan pidana sebagaimana manusia melakuka tindak pidana. Pada praktiknya, penentuan tindak pidana yang dilakukan oleh korporasi diketahui melalui dua hal, yaitu pertama tentang perbuatan pengurus yang harus dikonstruksikan sebagai perbuatan korporasimaka digunakanlah asas pertanggungjawaban pidana. Pada asas tersebut stakeholder maupun pengurus atau pegawai suatu korporasi, bertanggungjawab terhadap perbuatan korporasi itu sendiri. dan kedua tentang kesalahan pada korporasi, memang selama ini dalam ilmu hukum pidana gambaran tentang pelaku tindak pidana masih sering dikaitkan dengan perbuatan yang secara fisik dilakukan oleh pembuat (fysieke dader) namun hal ini dapat diatasi dengan ajaran “pelaku fungsional” (functionele dader). Kita dapat membuktikan bahwa perbuatan pengurus atau pegawai korporasi itu dalam lalu lintas bermasyarakat berlaku sebagai perbuatan korporasi yang bersangkutan maka kesalahan dalam bentuk (dolus atau culpa) mereka harus dianggap sebagai kesalahan korporasi. Terhadap korporasi yang melakukan tindak pidana perbankan dapat dimintai pertanggungjawaban pidana dengan menggunakan asas strict liability.Pada asas strict liability diketahui bahwa pembebanan tanggung jawab pidana kepada pelakunya sekalipun pelakunya tidak memiliki mens rea yang dipersyaratkan. Adapun substansi dari asas ini adalah pelaku sudah dapat dijatuhi pidana apabila pelaku telah dapat dibuktikan melakukan perbuatan yang dilarang oleh ketentuan pidana (actus reus) tanpa melihat sikap batinnya. Dalam konsepsi ini, korporasi dianggap bertanggung jawab atas perbuatan yang secara fisik dilakukan oleh pengurus (direksi dan komisaris). Dipidananya korporasi pada asas ini dimaksudkan dapat menimbulkan rasa keadilan pada korporasi yang melakukan tindak pidana perbankan, sehingga apabila korporasi melakukan tindak pidana maka korporasi juga dapat dimintai pertanggungjawaban.Kata kunci: Korporasi, Pertanggungjawaban, Tindak Pidana Perbankan

The Public Festival: Inspiration and interconnectivity at the heart of festivals

2015 ◽  
Author(s):  
Kathrin Deventer
Keyword(s):  
Interest Groups ◽  
Real Life ◽  
Political Context ◽  
The Political ◽  
Human Beings ◽  
Abstract Theory ◽  
The Public ◽  
Fertile Ground ◽  
The Future ◽  
The Way

Festivals have been around, and will always be around; no matter the political context they are embedded in, supported by, or hindered by. Why? Simply because society develops, it transforms, it is dynamic and it needs space for reflection and inspiration. Festivals are platforms for people to meet, and for artists to present their work, their creations. This gives festivals an enduring, quite independent mission and reason to exist: as long as festivals strive to offer a biotope for artists and audiences alike and point to questions which concern the way we live and want to live, they will be a fertile ground for a meaningful development of society – and an offer for serving the public wellbeing. What are the challenges festivals are facing today? There are a series of very complex questions related to festivals’ positioning us as human beings in an interconnected, global society, our relation to nature and the immediate surroundings, our stories of life so that as many citizens as possible can be part of the societal discourse, can be enriched, can be touched, can be heard, can be moved. Individuals, interest groups, nationalities, countries, even continents are interconnected. What does this mean for a festival? Travelling across Europe for work and pleasure and meeting citizens from all walks of life has taught me that citizens, a term that connects individuals to some larger constructed community, are just people, everyday people, going about their lives. People connect with other humans and their human stories, real life encounters. Abstract theory and jargon are meaningless when they lack real life connections. Meaningful festivals of the future will offer possibilities for new connections among people: they invite people to travel in time and in space; they inspire to connect human stories, enriching them with new, unexpected, colourful stories!

scholarly journals Criminal Liability for Knowingly Unlawful Sentence, Decision or Other Judicial Act

2020 ◽  
Vol 17 (3) ◽  
pp. 93-102
Author(s):  
Pavel Metelsky ◽  
Nadezhda Verchenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
The Public ◽  
History Of ◽  
The Subject ◽  
The Russian Federation ◽  
Considerable Complexity

Introduction. The publication is devoted to the corpus delicti, provided for by Art. 305 of the Criminal Code of the Russian Federation, which, being, in fact, a special type of official abuse, stands out as the direct object of a criminal assault and a special subject, since it can be committed exclusively by professional judges. The main features of the objective and subjective parties, qualifying signs of the offense are revealed, some problems that arise when applying this criminal law are outlined. Purpose. The goal is to analyze the design features of the crime and issues that arise when applying this rule. Methodology. The method of a formal legal analysis of the norms of the criminal law and theoretical provisions on problems directly related to the application of this rule was used. Results. The public danger of a criminal act that undermines the very foundations of justice is obvious, in connection with which it stands out as an independent crime by all the Russian Criminal Codes, starting in 1922, the history of criminal responsibility for its commission can be traced in our country in general since the 16th century. The current criminal law prohibition is characterized by considerable complexity, due to both the blanket nature of the disposition of the norm itself and the presence of discrepancies in the understanding of the signs embodied in it. Conclusion. The implementation of criminal liability for this crime involves the establishment of not only circumstances directly related to the corpus delicti that lie in the criminal law field. The subject of an infringement, a judicial act, must be subjected to procedural review without fail, after which, subject to the consent of the Higher Qualification Collegium of Judges of the Russian Federation, in fact, and the mechanism of criminal prosecution is “launched”. That is, a truly “multi-way” combination of actions is necessary, carried out in several stages, and the problem itself to some extent becomes interdisciplinary, going beyond only criminal law.

Introduction

2018 ◽  
Author(s):  
Thomas Douglas ◽  
David Birks
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Trials ◽  
Fertile Ground ◽  
Brain Scan

Philosophers have recently found fertile ground in the area of intersection between neuroscience and criminal law. They have, for example, entered lively debates concerning the extent to which findings in neuroscience might undermine attributions of criminal responsibility, and whether and how neuroscientific evidence, such as brain scan results, should be used in criminal trials....

scholarly journals PERTANGGUNGJAWABAN PIDANA BAGI PELAKU PENGGUNAAN FREKUENSI RADIO TANPA IZIN BERDASARKAN UNDANG-UNDANG TENTANG TELEKOMUNIKASI (Criminal Of Perpetrators Of Use Of Illegal Radio Frequencies Under The Act Of Telecommunication)

2017 ◽  
Vol 16 (3) ◽  
pp. 265
Author(s):  
Budi Bahreisy
Keyword(s):  
Radio Frequency ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Information Service ◽  
The Public ◽  
Service Mission ◽  
The Law ◽  
The Republic ◽  
Main Thing ◽  
Radio Broadcast

Perkembangan pertanggungjawaban pidana sebagai pelaku tindak pidana adalah sesuai dengan tujuan dan fungsi hukum untuk memberikan sarana perlindungan masyarakat dan kesejahteran masyarakat, sebab kecenderungan melakukan pelanggaran hukum untuk memperoleh keuntungan yang sebesar-besarnya telah menjadi realita masyarakat. Telekomunikasi adalah setiap pemancaran, pengiriman, dan atau penerimaan dari setiap informasi dalam bentuk tanda-tanda, isyarat, tulisan, gambar, suara, dan bunyi melalui sistem kawat, optik, radio, atau sistem elektromagnetik lainnya, Penyiaran radio merupakan salah satu bagian dari Telekomunikasi. Perizinan adalah hal utama dari pengaturan mengenai penyiaran. Dengan kata lain, perizinan juga menjadi instrumen pengendalian tanggungjawab secara kontinyu dan berkala agar setiap lembaga penyiaran tidak menyimpang dari misi pelayanan informasi kepada publik. Seseorang dapat dimintapertanggung jawaban secara pidana adalah karena seseorang itu memiliki kesalahan.Kesalahan ada dua bentuk dalam hukum pidana.Pertama sengaja dan kelalaian keduanya sama-sama dapat dipertanggungjawabkan. Pertanggungjawaban pidana dapat diminta bagi pelaku penggunaan frekuensi radio tanpa izin tercantum pada Pasal 53 ayat (1) Undang-Undang Nomor 36 Tahun 1999 tentang Telekomunikasi yaitu dengan dipidana penjara paling lama 4 (empat) tahun dan atau denda paling banyak Rp.400.000.000AbstractThe development of criminal as perpetrators associated with the purpose and legal function to give protection facilities and prosperity to society, since the tendency to break the law to get a huge advantage have been a reality in society. Telecommunication is each broadcast, transmission, and or admission of each information in a signal, hint, writing, picture, voice and noise through the system of wire, optic, radio or another electromagnetic. The radio broadcast is one of the telecommunication. The licence is the main thing in broadcast settings. In another word, it can be charged with controlling instrument, continuously, and periodically in order to each broadcast institution does not take a side route of information service mission to the public. One can be taken a responsibility, criminally because he/she makes a mistake. It has two terms in criminal law, that is intentional and negligence, both can be charged into a criminal. The criminal responsibility may be imposed to perpetrators of radio frequency without permission as mentioned in article 53 paragraph (1) the Act of the Republic of Indonesia, Number 36, Year 1999 on Telecommunication can be punished by a maximum imprisonment of four years or a maximum fine of four hundred million rupiahs.

scholarly journals The Basis for Exemption from Criminal Responsibility

2018 ◽  
pp. 161-168 ◽  
Author(s):  
E. V. Blagov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Main Body ◽  
The Public ◽  
The Future ◽  
The Russian Federation ◽  
The Individual ◽  
Criminal Legislation

The article considers the reason, adequate cause, justifying exemption from criminal responsibility. In the criminal law literature there are numerous decisions on this issue, but their main body alone can not explain why a person is exempted from criminal responsibility. The author concludes that the basis for such liberation must be sought in the personality of the culprit. Under current criminal legislation, justifying the exemption from criminal responsibility can only be elimination or significant reduction in the public danger of the person who committed the crime. In the future, it is necessary to formulate the relevant provisions of the criminal law so that the basis for this exemption is only elimination of the public danger caused by the individual. Accordingly, Art. 76. 2 and part 1 of Art. 90 are subject to exclusion from the Criminal Code of the Russian Federation and, on the contrary, inclusion in the chapter on the exemption from criminal responsibility of the relevant provisions of Art. 80.1 and part 1 of Art. 81 of the Criminal Code of the Russian Federation.

scholarly journals Domestic Abuse, Suicide and Liability for Manslaughter: In Pursuit of Justice for Victims

2020 ◽  
Vol 84 (4) ◽  
pp. 273-292
Author(s):  
Anne Lodge
Keyword(s):  
At Risk ◽  
Criminal Law ◽  
Emotional Abuse ◽  
Criminal Responsibility ◽  
Domestic Abuse ◽  
Risk Of Death ◽  
Moral Culpability ◽  
Primary Focus ◽  
Context Specific ◽  
Criminal Conduct

There is significant debate about the attribution of criminal responsibility for involuntary manslaughter to a defendant who has subjected a victim to a protracted campaign of emotional abuse (falling short of psychiatric injury), where the victim has consequently taken their own life. By virtue of it having been subjected to the most comprehensive judicial and academic scrutiny in this context, the primary focus of this discussion is on the applicability of the unlawful act manslaughter offence to the circumstances described above. The offence requires proof that the victim was placed at risk of some harm by virtue of the defendant’s criminal conduct and that the abusive conduct significantly contributed to the victim’s death. The accused does not have to foresee or intend the victim’s death, and while the imposition of criminal responsibility for serious homicide offences in cases where the defendant displays no subjective advertence to the risk of death has long been controversial, it is nonetheless well established in English and Welsh criminal law. Therefore, assuming satisfaction of the requisite offence elements, there is arguably no principled reason to deny the extension of liability to domestic abuse-induced suicide cases. It is proposed that a more progressive and transparent approach to the interpretation of the unlawful act manslaughter offence requirements provides the most appropriate means of securing prosecutions in deserving cases, although alternative options for the imposition of liability—the offence of gross negligence manslaughter and the creation of a context-specific homicide offence—are also acknowledged. It is argued that the constructive manslaughter offence label reflects both the moral culpability of the perpetrator’s patterned and invasive conduct and the exceptional gravity of the harm caused by non-physical domestic abuse.

scholarly journals HUKUM PIDANA DAN KAITANNYA DENGAN PENGGUNAAN MEDIA SOSIAL

to-ra ◽  
2015 ◽  
Vol 1 (1) ◽  
pp. 67
Author(s):  
Natasya Serepina Parhusip
Keyword(s):  
Social Media ◽  
Criminal Law ◽  
The Internet ◽  
Public Response ◽  
The Public ◽  
Use Of Technology ◽  
The Social ◽  
The Law ◽  
The Relationship ◽  
Good Number

To date the growing use of technology is evidenced by the mushroomed of of a good number of social media such as Facebook, Twitter, Path, MySpace and so on. The public response towards the existence of the social media can be seen in the increasing number of social media users. Utilizing social media, everyone has freedom to express themselves through activities on the internet such as making comments and uploading various things. Despite its advantages, social media has sometimes become a stumbling block for users. One of the frequent issues arising in the usage of social media is offensive acts as a result of the activities in the social media. Therefore, the knowledge as to what extent users can express its aspiration in the social media is important which is strongly related to the law education to public. This paper elaborates cases of offensive acts occurred in the social media which are considered against the law particularly in Indonesian contexts. This paper further tries to analysis the relationship between the rule of criminal law and the cyberlaw in Indonesia.   Kata kunci : Hukum Pidana dan Media sosial

scholarly journals Social Conditionality of Criminal Liability for a Crime Under Art. 226-1 of the Criminal Code of the Russian Federation

2020 ◽  
Vol 17 (3) ◽  
pp. 356-366
Author(s):  
Elena Kalashnikova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Security ◽  
The State ◽  
The Public ◽  
The Russian Federation

The article is devoted to theoretical justification for the introduction of criminal prohibitions on criminal assault in the illicit movement of goods, specified in article 226-1 of the Criminal Code of the Russian Federation; the principles and bases of criminalization of smuggling in connection with her increased public danger. The analysis of the main components of social conditionality of criminal responsibility allows us to establish the validity of the introduction of new or existing criminal law norms. The article considers the public danger of smuggling (art. 226-1 of the Criminal Code of the Russian Federation), as an obligatory sign of a crime, revealing its social nature and social conditionality of the criminal liability under article 226-1 of the Criminal Code of the Russian Federation, depending on the extent and nature of public danger of the given kind of crimes. The social assessment of an act as a crime is based on its social danger, which is legally established in a normative legal act (Federal law) adopted in accordance with the established procedure and included in the criminal code of the Russian Federation. Attention is drawn to the fact that the public danger of smuggling is a threat to the foreign economic security of Russia. At the same time, there is a public danger of illegal movement across the customs border of the EEU (the customs border of the Customs Union within the framework of the EEU) of items specified in art. 226-1 of the Criminal Code of the Russian Federation is primarily concerned with causing harm to market economic relations developing in the EEU area, which forms a single customs territory, as well as causing material damage to the state in the form of unpaid customs payments, death or damage to particularly valuable wild animals and aquatic biological resources as contraband items. Smuggling as a negative social phenomenon includes the organization of activities related to violation of the customs and border regime. In the context of globalization and the development of market relations, smuggling is still the most common and most dangerous of customs crimes. Accordingly, the existence of a criminal law ban on its Commission remains socially conditioned, since it is a deterrent that allows the state to respond adequately to these types of criminal behavior.

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