scholarly journals Corporate criminal liability on environmental crimes in Vietnam

2020 ◽  
Vol 203 ◽  
pp. 03014
Author(s):  
Thi Mai Dinh ◽  
Ngoc Thang Dinh ◽  
Thi Phuong Quynh Bui ◽  
Anh Duc Nguyen

From 00:00 on January 1, 2018, all environmental criminal acts of commercial entities are prosecuted for criminal liability. In order to investigate criminal liability for corporate legal entities, up to now, Vietnam have Criminal Code 2015, Criminal Procedure Code 2015 and Law on Execution of Criminal Judgment 2019. However, the competences, order and procedures of judgment excution for corporate legal entities that environmental commit crimes are still controversial and has been urgently discussed. The Penal Code 2015 on corporate legal entities has been in effect for nearly 5 years, but in fact up to July 2020, there has not been a commercial entity prosecuted and tried or excuted yet. The difficult problem is the penalties applied to legal entities different in the nature, order, procedures and ways of conducting compared with individual. This paper introducing the new regulations about the criminal liability on corporate entities for environmental crimes in Vietnam Criminal Code 2015 and analyze and point out some challenges, proposes some suggestions in Vietnam execution of criminal judgments.

2018 ◽  
Vol 10 ◽  
pp. 75-80
Author(s):  
Aleksandr V. Fedorov ◽  

The article is dedicated to a review of the laws on criminal liability of legal entities of a partially recognized state, the Republic of Kosovo. Its main acts are the Criminal Code of the Republic of Kosovo, the special Law on the Liability of Legal Entities for Criminal Offenses and the Criminal Procedure Code of the Republic of Kosovo, which came into force on January 1, 2013. The publication reviews statutory resolutions allowing considering a legal entity a criminal liability subject; pays attention to the fact that legal entities in the Republic of Kosovo may be brought to criminal liability for any actions acknowledged as crimes by the national criminal laws with no exceptions; specifies articles of the General Part of the Criminal Code of the Republic of Kosovo, provisions of which are applied to bringing legal entities to criminal liability; reviews such criminal sanction types applicable to legal entities as a fi ne, liquidation of a legal entity, property forfeiture; analyzes circumstances considered at punishment imposition and the conditions for release from punishment. The author notes the criminal procedure peculiarities of bringing legal entities to liability.


2018 ◽  
Vol 7 ◽  
pp. 69-76
Author(s):  
Aleksandr V. Fedorov ◽  

The article is dedicated to review of the laws of the Republic of Montenegro on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 2006, the Criminal Code of the Republic of Montenegro and the Criminal Procedure Code of the Republic of Montenegro. The publication reviews statutory resolutions allowing consideration of a legal entity as a criminal liability subject; gives a scope of persons who can be brought to criminal liability; pays attention to the fact that legal entities in the Republic of Montenegro may be brought to criminal liability for any actions acknowledged as crimes by the national criminal laws with no exceptions; specifies articles of the General Part of the Criminal Code of the Republic of Montenegro, provisions of which are applied to bringing legal entities to criminal liability; reviews such criminal sanction types applicable to legal entities as a fi ne, liquidation of a legal entity, forfeiture and sentence publication; analyzes circumstances considered at punishment imposition and the conditions for release from punishment. The author notes criminal procedure peculiarities of bringing legal entities to liability including broad discretionary powers of a prosecutor in resolution of issues on bringing legal entities to criminal liability


2019 ◽  
Vol 8 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
◽  

The article is dedicated to the issues of introduction of criminal liability of legal entities in Hungary. Attention is paid to the fact that the establishment of criminal liability of legal entities in this country has been largely caused by the need for bringing its national laws in compliance with the provisions of a number of acts of the European Union (EU) and its membership in the Organization for Economic Cooperation and Development (OECD). The Hungarian legal acts on criminal liability of legal entities are reviewed; the main of them are the special omnibus law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001 which came into effect on May 1, 2004, and contains provisions of criminal and criminal procedure law as well as the Hungarian Criminal Code 2012 which came into effect on July 1, 2013. It is indicated that under the Hungarian laws, a legal entity is a criminal liability subject criminal law measures are applicable to. At the same time, it is highlighted that not all legal entities can be held criminally liable. It is noted that criminal liability of legal entities is possible in case of any willful violation of the Hungarian Criminal Code by an individual acting in the interests of a legal entity in case of the presence of conditions stipulated by the law. Criminal law measures applicable to legal entities are named: liquidation, fine, restriction of activity. A conclusion is made that in Hungary, criminal liability of a legal entity is understood as application of criminal law measures to a legal entity by court in the course of a criminal procedure in the event of a willful crime (criminally punishable act) committed by an individual acting in the interests of the corresponding legal entity upon the presence of conditions stipulated by the law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001.


Probacja ◽  
2020 ◽  
Vol 4 ◽  
pp. 51-60
Author(s):  
Paulina Masłowska

On 17 July 2017, the Act of 23 March 2017 amending the Act - Criminal Code, the Act on juvenile proceedings and the Act - Code of Criminal Procedure entered into force. The legislator's aim was to increase the level of protection of minors and the helpless due to physical or mental condition. The implementation of the indicated purpose took place by introducing changes to art. 53 § 2 of the Penal Code determining the circumstances affecting the sentence and by introduction of modifications in the scope of certain types of prohibited acts (Article: 156, 189, 207, 210, 211, 240 of the Penal Code). The article discusses issues related to the application of art. 240 of the Penal Code in the case of offenses committed to the detriment of minors. Then from article 240 of the Penal Code were selected and discussed prohibited acts, witch protecting minors under 15 years of age and those that protecting everyone against the most severe forms of physical and sexual violence. Further considerations focus on the analysis of issues related to the subject side of the crime, the assessment of the premises for promptness and reliable information, the circumstances abrogating criminal liability and doubts related to the application of art. 240 of the Penal Code by persons obliged to keep professional secrecy.


Author(s):  
М. В. Шепітько

Стаття присвячена проблемі правової регламентації лжесвідчення та лжеприсяги в Кри­мінальному кодексі України і Кримінальному процесуальному кодексі України. Особливу увагу приділено проблемі виявлення неправди в показаннях. Указано на можливий вплив допущення неправди в показаннях для встановлення істини й відновлення справедливості. Проаналізовано наслідки появи в кримінальному процесуальному законодавстві інституту присяги. Наявна спроба співвідношення лжесвідчення та лжеприсяги. Виявлено, що кримі­нальна відповідальність установлена не тільки за лжесвідчення, а й за лжеприсягу. Надано пропозиції щодо змінення механізмів попередження про кримінальну відповідальність, при­ведення до присяги, фіксації судового процесу.   The article is devoted to the problem of legal regulation false testimony and false oath in Criminal Code and Criminal Procedure Code of Ukraine. Particular attention is paid to the problem of detecting lies in the testimony. It was indicated possible impact lies in the testimony for truth and justice. Author analyzed some consequences of establishment the oath as criminal procedural law institution. It was observed correlation of false testimony and false oath. Author ascertained that criminal liability is established not only for false, but also for false oath. It was given some proposals to change the mechanisms for the notice of criminal liability, administra­tion of oath, and trial fixation.


2018 ◽  
Vol 6 ◽  
pp. 76-80
Author(s):  
Aleksandr V. Fedorov ◽  

The article is dedicated to review of the laws of the Republic of Croatia on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 2003, the Criminal Code of the Republic of Croatia and the Criminal Procedure Code of the Republic of Croatia. The article reviews statutory resolutions making it possible to review a legal entity as a criminal liability subject; gives a number of legal entities, which can be brought to criminal liability; focuses on the fact that legal entities can be brought to criminal liability in the Republic of Croatia for any acts defined by the law as crimes; considers criminal punishments (sanctions) applicable to legal entities: fi ne and legal entity liquidation; reviews the possibility of imposition of a conditional sentence on a legal entity; reviews the security measures applicable to legal entities, including: professional prohibitions (prohibitions to perform specific activities or transactions), prohibitions to perform transactions using national or local budgetary funds, prohibitions to receive licenses, permissions, subventions or concessions provided by national bodies; sentence publication and forfeiture.


2016 ◽  
Vol 9 (6) ◽  
pp. 61
Author(s):  
Samira Soltani ◽  
Ahmad Ramazani

One of the innovations of Islamic Penal Code in 2013 was to accept criminal liability of legal entities. By accepting criminal liability of legal entities, the way to punish them is arisen. As a legal person cannot commit any crime, any punishments are not applicable to them. Accordingly, Article 20 of this Law enumerated a list of penalties applicable to legal persons and it was tried to use penalties in accordance with the legal entities to deal with them. Punishments such as dissolution, confiscation, cash fine, announcement of the judgment, Diyeh, social and economic exclusion; such as a ban on business activities, prohibition of the public invitation to raise capital and ban from drawing business documents listed in Article 20 and Article 14, are a set of punishments which relatively different from usual punishment for individuals. These penalties are relative diversity, but what is objectionable is that the details and conditions of implementation of each of these punishments are not clear. If legislator described the details exactly or provided the condition to require the adoption of The Executive Bylaw of the punishment, it would be better. Given that all the points and issues about penalties for legal persons are not stated in this law as well as ambiguities in the law for a comprehensive definition of legal person, the way to implement main and supplementary punishments, In this study it was tried to evaluate and criticize the legal entities penalties including main and supplementary ones and their grading.


2021 ◽  
Vol 74 (1) ◽  
pp. 153-160
Author(s):  
Andrіy Shulha ◽  
◽  
Tetyana Khailova ◽  

The article deals with the problem of specialist’s participation in the scene examination, which is carried out before entering information into the Unified Register of the pre-trial investigations. The essence of the problem is that the current criminal procedural law of Ukraine recognizes the specialist’s participation only in the pre-trial investigation, the litigation and the proceedings in the case of the commission of an unlawful act under the law of Ukraine on criminal liability. Part 1 of Article 71 of the Criminal Procedure Code of Ukraine states that a specialist in criminal proceedings is a person who has special knowledge and skills and can provide advice and conclusions during the pre-trial investigation and trial on issues that require appropriate special knowledge and skills. In other cases, the specialist has no procedural status. In addition, Part 1 of Article 237 of the CPC of Ukraine «Examination» states that the examination is conducted to identify and record information on the circumstances of the offense commitment. It is an act provided by the law of Ukraine on criminal liability. However, there are the cases in the investigation, when a report is received, for example, about a person's death, other events with formal signs of the offense, which must first be checked for signs of a crime, and only then the act can be considered as offense. In this case, a specialist takes part in the scene examination. However, the current criminal procedure law in accordance with Part 1, Article 71 of the Criminal Procedure Code of Ukraine determines the legal status of a specialist only as the participant in criminal proceedings. The paragraph 10, part 1 of Article 3 of the Criminal Procedure Code of Ukraine defines the criminal proceedings as pre-trial investigation and court proceedings or procedural actions in the case of the commission of an unlawful act. Therefore, when the inspection of the scene is based on the uncertain status of the event (there is no clear information that the event contains signs of an offense), the specialist’s participation is not regulated by law. The authors propose to consider the specialists as «experienced persons» in cases mentioned above and to include their advices to the protocol of the scene examination, as the advices of other scene examination participants.


2020 ◽  
Vol 1 (1) ◽  
pp. 130-134
Author(s):  
Gemaya Wangsa ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Wayan Arthanaya

The development of information technology and correspondence resulted in a shift in the format of print media to digital media, so that this growth was followed by the continuation of the development of a new criminal class that rode digital media in criminal acts of terrorism. This study aims to determine the regulations for the use of website evidence and the position of using website evidence in handling terrorism crimes in case number 140 / Pid.Sus / 2018 / PN.Jkt.Sel. This research uses a normative legal exploration method whose data comes from the determination related to the use of website evidence in Article 184 of the Criminal Code. The results of the research show that the determination of the exploitation of website evidence, which when based on Article 184 of the Criminal Procedure Code, means that electronic material is not classified as an abash instructional device classification, but if it is based on statutory regulations in a special crime, the electronic evidence media has resistance as a valid evidence, this can be seen in the provisions of Article 5 paragraph (1) of the ITE Law which are reaffirmed in the provisions of Article 44 of the ITE Law. Utilization of electronic evidence in the process of evidence in court is sourced from website evidence in law enforcement for criminal acts of terrorism in the Case Number 140 / Pid.Sus / 2018 / PN.Jkt.Sel scandal. Criminal Procedure, especially Article 184 of the Criminal Procedure Code, but has a judicial guideline that the judge cannot refuse to explore and decide the matters brought against him, provided that the law is unclear or non-existent, then the judges' rules should expose the meaning of continued and continuous law in the consortium, up to the provisions as contained in the ITE Law which regulates electronic instruction instruments as valid instruction devices.


2021 ◽  
Vol 3 (2) ◽  
pp. 11-25
Author(s):  
Ni Made Trisna Dewi,Reido Lardiza Fahrial

Abuse in the electronic transaction because it is formed from an electronic process, so the object changes, the goods become electronic data and the evidence is electronic.  Referring to the provisions of positive law in Indonesia, there are several laws and regulations that have set about electronic evidence as legal evidence before the court but there is still debate between the usefulness and function of the electronic evidence itself, from that background in  The following problems can be formulated, How do law enforcement from investigations, prosecutions to criminal case decisions in cybercrimes and How is the use of electronic evidence in criminal case investigations in cybercrimes This research uses normative research methods that are moving from the existence of norm conflicts between the Criminal Procedure Code and  ITE Law Number 19 Year 2016 in the use of evidence.  The law enforcement process of the investigator, the prosecution until the court's decision cannot run in accordance with the provisions of ITE Law Number 19 of 2016, because in interpreting the use of electronic evidence still refers to Article 184 paragraph (1) KUHAP of the Criminal Procedure Code stated that the evidence used  Legitimate are: witness statements, expert statements, letters, instructions and statements of the accused so that the application of the ITE Law cannot be applied effectively The conclusion of this research is that law enforcement using electronic evidence in cyber crime cannot stand alone because the application of the Act  - ITE Law Number 19 Year 2016 still refers to the Criminal Code so that the evidence that is clear before the trial still refers to article 184 paragraph (1) KUHAP of the Criminal Procedure Code and the strength of proof of electronic evidence depends on the law enforcement agencies interpreting it because all electronic evidence is classified into  in evidence in the form of objects as  so there is a need for confidence from the legal apparatus in order to determine the position and truth of the electronic evidence.   Penyalahgunaan didalam transaksi elektronik tersebut karena terbentuk dari suatu proses elektronik, sehingga objeknya pun berubah, barang menjadi data elektronik dan alat buktinya pun bersifat elektronik. Mengacu pada ketentuan hukum positif di Indonesia, ada beberapa peraturan perundang-undangan yang telah mengatur mengenai alat bukti elektronik sebagai alat bukti yang sah di muka pengadilan tetapi tetap masih ada perdebatan antara kegunaan dan fungsi dari alat bukti elektronik itu sendiri, dari latar belakang tersebut di atas dapat dirumuskan masalah sebagai berikut, Bagaimana penegakkan hukum dari penyidikan, penuntutan sampai putusan perkara pidana dalam kejahatan cyber dan Bagaimanakah penggunaan bukti elektronik dalam pemeriksaan perkara pidana dalam kejahatan cyber Penelitian ini menggunakan metode penelitian normatif yakni beranjak dari adanya konflik norma antara KUHAP dengan Undang-undang ITE Nomor 19 Tahun 2016 dalam penggunaan alat bukti. Proses penegakkan hukum dari penyidik, penuntutan sampai pada putusan pengadilan tidak dapat berjalan sesuai dengan ketentuan Undang-undang ITE Nomor 19 Tahun 2016, karena dalam melakukan penafsiran terhadap penggunaan alat bukti Elektronik masih mengacu pada Pasal 184 ayat (1) KUHAP disebutkan bahwa alat bukti yang sah adalah: keterangan saksi, keterangan ahli, surat, petunjuk dan keterangan terdakwa. sehingga penerapan Undang-undang ITE tidak dapat diterapkan secara efektiv. Kesimpulan dari penelitian ini adalah penegakan hukum dengan menggunakan alat bukti elektronik dalam kejahatan cyber tidak bisa berdiri sendiri karena penerapan Undang-Undang ITE Nomor 19 Tahun 2016 tetap merujuk kepada KUHP sehingga alat bukti yang sah di muka persidangan tetap mengacu pada pasal 184 ayat (1) KUHAP dan Kekuatan pembuktian alat bukti elektronik tersebut tergantung dari aparat hukum dalam menafsirkannya karena semua alat bukti elektronik tersebut digolongkan ke dalam alat bukti berupa benda sebagai petunjuk sehingga diperlukan juga keyakinan dari aparat hukum agar bisa menentukan posisi dan kebenaran dari alat bukti elektronik tersebut.


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