Liability in Criminal Law

2021 ◽  
pp. 213-256
Keyword(s):  
Criminal Law ◽  
Regulatory Regime ◽  
Law Enforcement Agencies ◽  
Controlled Drugs ◽  
Medicinal Use ◽  
Financial Crimes ◽  
Proceeds Of Crime ◽  
Corporate Manslaughter ◽  
The Uk

This chapter highlights the complexity of the interaction of the criminal law with the regulation of medicines and medical devices. It outlines the elements of the broader criminal law that include offences against the person and corporate and financial crimes that can be committed by individuals or corporate entities, such as corporate manslaughter, fraud, and bribery. It also elaborates on the criminal investigation in the UK that can be led by law enforcement agencies, including the Medicines and Healthcare products Regulatory Agency (MHRA). The chapter considers the relevance of the broader criminal law for individuals and corporates and the criminal law aspects of the regulatory regime. It refers to the criminal enforcement process and the role of the Proceeds of Crime Act 2002 (POCA), including the application of the controlled drugs licensing regime to cannabis-based products for medicinal use (CBPMs).

Workplace Safety and Criminalization

2020 ◽  
pp. 391-408
Author(s):  
Paul Almond
Keyword(s):  
Structural Change ◽  
Criminal Law ◽  
Health And Safety ◽  
Workplace Safety ◽  
Contextual Features ◽  
Organizational Norms ◽  
Capacity Choice ◽  
Corporate Manslaughter ◽  
Open Question

This chapter argues that the contribution of criminalization to better health and safety in workplaces has been limited by certain contextual features of this regulatory method. It focuses on the role of criminal law in the health and safety legislation and the corporate manslaughter offence. In particular, this chapter argues that criminal law interventions are gravitationally oriented towards individualized notions of fault, capacity, choice, and responsibility. Once the liability enquiry is structured in this highly personalized way, the regulatory capacities of the criminal law to secure effective and enduring structural change is limited. Thus, it remains an open question whether the criminal law can accommodate approaches to responsibility that are more attuned to structures, cultures, and organizational norms.

scholarly journals The Role of Law Enforcement Agencies in Preventing Dowry-Related Crimes in Bangladesh and India

2015 ◽  
Vol 23 ◽  
Author(s):  
Mohammad Abu Taher ◽  
Siti Zaharah Jamaluddin
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Continuous Process ◽  
Judicial Decision ◽  
Law Enforcement Agencies ◽  
Secondary Sources ◽  
Social Custom ◽  
The Law ◽  
Victims Of Violence

Laws are made for implementation. Needless to say, the effective enforcement of laws depends on proper functioning of the law enforcement agencies. Both the Governments of Bangladesh and India have enacted a number of legislations relating to the issue of dowry. Payment of dowry is a social custom still prevalent in both countries where women have become victims of violence every year. Thus, it is the law enforcement agencies that can prevent the women from the menace of dowry-related crimes through the proper application of existing criminal law. In this context, the role of the law enforcement agencies concerning crimes of dowry is crucial. Enforcement of law is a continuous process from the time an offence is reported till the offender is prosecuted and punished. This is a long process involving various stages such as, investigation, prosecution, trial and judicial decision. In this long procedure numerous agencies e.g., the police, the judiciary and the lawyers play their roles. The article looks at the position in Bangladesh and India because unlike India, where there exists the dowry prohibition Officer who deals with dowry demands, Bangladesh lacks a similar enforcement mechanism. Thus, the objective of this article is to examine the position in both countries where the role and functions of the law and law enforcement agencies are made. The article is developed based on the analysis of secondary sources and the decisions of the judiciary of Bangladesh and India concerning dowry-related crimes.

scholarly journals Frontline Response to High Impact Domestic Violence in Portugal

2021 ◽  
pp. 215-238
Author(s):  
Paulo Machado ◽  
Lúcia G. Pais ◽  
Sérgio Felgueiras ◽  
Carina Quaresma
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Criminal Law ◽  
High Impact ◽  
Law Enforcement Agencies ◽  
Social Transformations ◽  
National Network ◽  
The Law ◽  
The Government

There have been profound social transformations in Portugal in the last 50 years. Portugal currently adheres to the international and European agenda to prevent domestic violence. In the chapter the Portuguese legislation and the reporting figures regarding domestic violence, the role of the Law Enforcement Agencies, other first responder agencies, and pertinent stakeholders in responding to high impact domestic violence, as well as the National Network for the Support of Victims of Domestic Violence, are addressed. The authors also discuss good practices and significant challenges. Two of these are intertwined – none of them is quickly addressed, nor can they be addressed by themselves. One is developing a collective attitude that considers domestic violence as unacceptable behaviour, besides being punished by the criminal law. The other is directly posed to the law enforcement agencies and has to do with the increasing complexity of the operational procedures (derived from the new tools presented by the government recently). The problem of elites provoking social change on a superlative level is to forget that adopting new social models is not achieved by decree but through social influence processes, which takes time.

scholarly journals Importance of the principles of criminal law in the classification of crimes

2021 ◽  
Vol 108 ◽  
pp. 02007
Author(s):  
Konstantin Aleksandrovich Volkov ◽  
Vladimir Valerievich Agildin ◽  
Bulat Umerzhanovich Seitkhozhin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Legal Method ◽  
General Scientific ◽  
Law Regulation

The correct qualification of a crime provides the basis for achieving the goals of criminal liability, including sentencing a just punishment. During qualification, law enforcement agencies (investigative bodies, inquiry bodies, and court) often face problems caused by contradictions in criminal law regulation (a gap in law, defects in law, legal conflicts, evaluation categories of law, etc.). According to the authors, it is possible to eliminate the contradictions of criminal law regulation by applying the principles of criminal law as a direct regulator of criminal law relations. Purpose of the research: to identify the problems of qualifying crimes in the modern practice of preliminary investigation bodies and courts, as well as to determine the place and role of the principles of criminal law in the process. Framework of the research. The research was carried out with general scientific methods (dialectical, statistical, comparative legal); in addition, methods of analysis, deduction, synthesis, as well as a formally legal method, were used in the research. Conclusions: the authors draw the conclusion that the principles of criminal law should be considered as an independent fundamental form of Russian law.

UK Political Corruption and the Role of the Criminal Law

2018 ◽  
Author(s):  
Jeremy Horder
Keyword(s):  
Criminal Law ◽  
Common Law ◽  
Political Corruption ◽  
Public Office ◽  
Corrupt Conduct ◽  
The Uk

My focus here is political corruption, as opposed to personal corruption, and my task is to explain that prosecution for a serious common law offence such as misconduct in a public office cannot be the sole, or even the main, way in which officials are held to account for corrupt conduct. So, I consider the most important—indeed, primary—remedy for corruption in politics, which I call ‘negation’: the setting back at naught of corrupt (potential) gains. I then go on to consider efforts to address risks of corruption through regulation (including regulatory offences), especially in relation to elections, but also in relation to the practice of ‘lobbying’. Discussion of lobbying provides an opportunity to discuss how ‘republican’ the UK constitution really is: how resistant it is to cheque-book influences or, more broadly, to the influence of repeat players amongst the wealthy and powerful.

Managing money laundering risks in commercial letters of credit

2016 ◽  
Vol 19 (2) ◽  
pp. 158-168
Author(s):  
Ramandeep Kaur Chhina
Keyword(s):  
Money Laundering ◽  
Regulatory Requirements ◽  
Trade Finance ◽  
Content Type ◽  
Letter Of Credit ◽  
Commercial World ◽  
Proceeds Of Crime ◽  
Letters Of Credit ◽  
The Uk

Purpose The purpose of this paper is to critically examine the role of banks in detecting and mitigating money laundering risks in trade finance activities, especially in commercial letters of credit, and to answer the central question: do banks comply with regulations that are inadequate (if so, is more stringent regulation compatible with the commercial world of trade finance?), or are banks are in danger of non-compliance? Design/methodology/approach The relevant principles promulgated by international organisations as well as the law enacted in UK to prevent money laundering risks in commercial letters of credit was examined to assess banks’ compliance with their anti-money laundering (AML) obligations. The key provisions of the Money Laundering Regulations 2007, Proceeds of Crime Act 2002 and the Wolfsberg Trade Finance Principles were discussed, and the extent of banks’ compliance with these provisions was highlighted by carefully analysing the steps a bank might take at various stages of the operation of a commercial letter of credit and what the banks in fact do. The paper relies heavily on the findings of the recent study conducted by the Financial Conduct Authority (UK) to analyse the actual practice followed by UK banks in controlling money laundering risks in transactions involving commercial letters of credit. Findings The paper establishes that considering the formal nature of commercial letters of credit (which makes them independent from the underlying transaction), any stringent measures to regulate trade finance activities of a bank may destroy the effectiveness of commercial letters of credit as a tool for promoting international trade. The current law and regulations together with the Joint Money Laundering Steering Group Sectoral Guidance and the Wolfsberg Principles provide the requisite legal and regulatory framework to control money laundering risks in commercial letters of credit. The paper however establishes that the majority of banks in UK currently appear to be in danger of non-compliance with the UK AML regime and certainly need to meet their AML obligations in a more serious way. Practical implications The findings may influence banks to adopt a more vigilant approach in their trade finance activities and to undertake more responsibility in ensuring compliance with the current AML law and regulations, while highlighting that their current practice may put them in danger of non-compliance. Originality/value The paper demonstrates in an exceptional way the legal and regulatory requirements for banks to prevent money laundering risks in their trade finance activities and where, in practice, the banks are falling short of compliance with these requirements. By adopting a step-by-step approach in evaluating banks’ “current-and-must have” approach to controlling money laundering risks at various stages of a commercial letter, the paper makes a valuable contribution to the study of combating money laundering in commercial letter of credit transactions.

scholarly journals Criminal Law Protection of Human Life and Prevention of Murder in Uzbekistan (On the Example of Women)

2021 ◽  
Vol 58 (1) ◽  
pp. 1085-1093
Author(s):  
Khurshida Mirziyatovna Abzalova
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Human Life ◽  
Practical Importance ◽  
Special Role ◽  
Law Enforcement Agencies ◽  
The World ◽  
The Individual ◽  
The Uk ◽  
Criminal Legislation

In the world, protection of the rights and interests of the individual is one of the priority areas for improving legislation. In this process, a special role is played by criminal legislation, which is designed to ensure the protection of human life as the most valuable object of criminal law protection. The fight against crimes against life, in particular murder, is the highest priority for judicial and law enforcement agencies. In this regard, the adoption of effective measures to counter deliberate killings, the study of the causes and conditions that contribute to their Commission, as well as the identity of the killer are of great scientific and practical importance. According to statistics provided in the UN Global Study on Homicide report for 2019, the number of murders per 100,000 people in El Salvador is 61.8, in Brazil-30.5, in Russia-10.82, in Switzerland-5.35, in Uzbekistan-3, Finland-1.42, in the UK-1.2[1]. All this indicates the need to pay special attention to effective criminal law protection of human life.

Criminal law impact in the mechanism of ensuring national security

2020 ◽  
Author(s):  
Vladimir Duyunov ◽  
Ruslan Zakomoldin
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Criminal Law ◽  
Criminal Policy ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Social ◽  
Legal Nature ◽  
General Object

The monograph examines the social and legal nature of the category "national security" as a socially significant good, an object of criminal law protection and a general object of crimes. The existence of a specific "sphere of crimes and crime" in public life is substantiated, its general characteristics are given, and the state of crime is analyzed as one of the most dangerous threats to national security in modern conditions. The problem of ensuring national security by criminal law means, the place and role of criminal policy and criminal law in the policy of combating crime and ensuring the national security of Russia are considered. Defines the concept of criminal law impact as a law-mediated reaction of the state to crime and crime, one of the key directions of the policy of combating crime, a comprehensive criminal law institution and one of the elements of the mechanism for ensuring national security. The publication is intended for students, postgraduates, researchers, teachers of law schools, employees of law enforcement agencies and all persons interested in the problems of law and law enforcement.

scholarly journals THE LEGAL FRAMEWORK FOR CORPORATE LIABILITY FOR HOMICIDE: THE EXPERIENCE IN NIGERIA AND THE UNITED KINGDOM

2014 ◽  
Vol 22 (1) ◽  
Author(s):  
Khairat Oluwakemi Akanbi
Keyword(s):  
United Kingdom ◽  
Criminal Law ◽  
Legal Framework ◽  
Mens Rea ◽  
The Public ◽  
The United Kingdom ◽  
Corporate Body ◽  
Corporate Manslaughter ◽  
The Uk ◽  
Corporate Liability

In recent times, corporate homicide has become an increasingly global phenomenon. These global incidences make it imperative to have a legal framework for holding corporations liable for deaths either of employees or members of the public that occur as a result of their activities. The challenge however is in applying the traditional criminal law elements of actus reas and mens rea to a corporation, since the criminal law had developed with the natural person in mind. The aim of this paper is to examine the legal framework for corporate liability for homicide sharing the experience in Nigeria and the UK. The paper discusses the application of criminal law elements of actus reas and mens rea to a corporate body in order to justify corporate liability for homicide. It also examines the Corporate Manslaughter and Corporate Homicide Act 2007 of the UK which is the first legislation on corporate homicide together with theposition in Nigeria. The paper finds that the legal framework in Nigeria is inadequate to secure corporate liability for homicide. The UK provisions can thus serve as a useful model in this regard.

26. AFSJ: EU Criminal Law

EU Law ◽  
2020 ◽  
pp. 1031-1071
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Criminal Law ◽  
Subject Matter ◽  
The European Union ◽  
Judicial Cooperation ◽  
The Subject ◽  
Pillar Structure ◽  
The Uk ◽  
Criminal Matters ◽  
Role Of The Principal

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The Area of Freedom, Security, and Justice (AFSJ) is now found in Title V of Part Three of the Treaty on the Functioning of the European Union. The subject matter dealt with by these provisions is important and politically sensitive, as it includes police and judicial cooperation in criminal matters, visas, asylum, immigration, and judicial cooperation in civil matters. This chapter is organized as follows. Section 2 considers the development of the three-pillar structure introduced by the Maastricht Treaty. Section 3 focuses on the rationale for the inclusion of the subject matter that comprises the AFSJ. Section 4 considers the general principles in the Lisbon Treaty that apply to all areas which comprise the AFSJ, including: Treaty objectives, competence, role of the principal EU institutions, judicial role, and an outline of the opt-outs that apply to the UK. The remainder of the chapter looks in more detail at criminal law and procedure. The UK version contains a further section analysing issues concerning the AFSJ and the UK post-Brexit.

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