Contracts: Formation and Interpretation

2021 ◽  
pp. 3-74
Author(s):  
Paul Darling QC ◽  
James Bradford
Keyword(s):  
Criminal Offence ◽  
Construction Engineering ◽  
The Law

This chapter discusses the law relating to construction, engineering, and infrastructure contracts. It explains a series of rules developed by the law that guide the courts into making decisions about whether obligations will be enforced and analyses how courts enforce most contracts in circumstances where the parties had an intention to create legal relations. It also identifies parties that have the capacity to contract, such as adults and corporations. This chapter explains how undischarged bankrupt may enter into a contract without committing a criminal offence. It mentions government departments that can contract and sue or be sued pursuant to their contracts.

Unfitness to Plead in England and Wales

2018 ◽  
Author(s):  
Rudi Fortson
Keyword(s):  
Mental Illness ◽  
Learning Disability ◽  
Developmental Disorder ◽  
Criminal Offence ◽  
Legal Process ◽  
England And Wales ◽  
Criminal Jurisdiction ◽  
Communication Impairment ◽  
The Law ◽  
Law Commission

This chapter examines the legal and practical issues encountered by practitioners when dealing with unfitness to plead litigation. As the Law Commission for England and Wales has pointed out, defendants charged with a criminal offence may be unfit to plead or to stand trial for a variety of reasons, including difficulties resulting from mental illness, learning disability, developmental disorder, or communication impairment. Two issues are considered: (i) how might those defendants who are unfit be accurately identified; and (ii) what steps should be taken by legal practitioners and by the courts of criminal jurisdiction to cater for the interests of vulnerable defendants, victims, and society, and to maintain the integrity of the legal process as one that is fair and just? The chapter evaluates the reform proposals of the English Law Commission and assesses how the law could be improved for all those who are involved in dealing with the unfit to plead.

scholarly journals Culpability, Kingston and the Law Commission

2010 ◽  
Vol 74 (5) ◽  
pp. 434-471 ◽  
Author(s):  
Cath Crosby
Keyword(s):  
Justice System ◽  
Criminal Liability ◽  
Character Theory ◽  
Criminal Offence ◽  
Pragmatic Approach ◽  
House Of Lords ◽  
The Law ◽  
Court Of Appeal ◽  
Law Commission ◽  
Do So

This article considers the basis upon which a person should be held to be criminally liable, and to do so, it is necessary to examine the leading theories of character and choice that underpin the State holding a person to be culpable of a criminal offence, i.e. the link between culpability and fault. The case of R v Kingston1 is used to examine the application of these leading theories and it is observed that choice theorists would not excuse such a defendant from criminal liability even though his capacity to make a choice to refrain from law breaking was made extremely difficult by external factors beyond his control. Only character theory could possibly offer exculpation in such circumstances on the basis that the defendant acted ‘out of character’ and his deed did not deserve the full censure and punishment of the criminal law. The Court of Appeal in R v Kingston would have been prepared to excuse, but the House of Lords, and most recently the Law Commission have adopted a pragmatic approach to the involuntarily intoxicated offender. This case serves as a reminder that while justice is the aim of the criminal justice system, it is not an absolute standard.

scholarly journals JUDGE'S JUDGMENT ON CRIMINAL OFFENSE AGAINST PERPETRATORS OF CRIMINAL EXTORTION WITH THE VIOLENCE AGAINST OTHER PEOPLE'S MOTORCYCLES (Verdict Study Number: 237/Pid. B/2018/PN Kla)

2020 ◽  
Vol 2 (01) ◽  
pp. 56-65
Author(s):  
Oktasari Putri Pramisela ◽  
Yulia Hesti
Keyword(s):  
Law Enforcement ◽  
Attorney General ◽  
Criminal Code ◽  
Deterrent Effect ◽  
District Court ◽  
Criminal Offence ◽  
Factors Affecting ◽  
Criminal Offenses ◽  
Violent Criminal ◽  
The Law

A crime or criminal act, usually perpetrators of criminals because of an encouragement based on the importance of fulfilling the necessities of life that is relatively difficult to fulfill. In principle the crime problem does not stand alone, but it relates to other issues such as social, economic, political and cultural which is as a phenomenon that affects each other. To tackle crimes and criminal acts such a thorough enforcement and anticipation policy is required. One of the most common criminal acts in the community is the violence of violent blackmail. Perpetrators can be assessed by the community, therefore it is necessary to be handled by the law enforcement officers intensively with the severity of the criminal that was dropped. The problem in this study is how the judge's consideration in dropping a criminal against perpetrators of criminal offenses with violence against motorcycles belonging to others, what are some factors causing perpetrators of criminal extortion with violence. The method of study used is the normative juridical approach and empirical approach obtained directly at the District Court of Kls II Kalianda, state Attorney of South Lampung. Based on the results of the study can be concluded that the judge's judgment in the criminal offence against the perpetrator of violent criminal offence is in accordance with the element contained in article 368 paragraph (1) of the criminal CODE and was sentenced to 2 years imprisonment. Factors affecting the cause of perpetrators of criminal extortion in violence are environmental factors, economic factors on society, the law enforcement. The advice given is to be expected to the Tribunal, the attorney general and the police in providing or establishing the article can be in accordance with its elements and actions, to the rationing punishment against the defendant is considered fair and give a deterrent effect so that the defendant can not repeat it again. There is cooperation between law enforcement and the community in minimizing the crimes that occurred.

scholarly journals Putusan Tentang Pemidanaan Terhadap Pelaku Tindak Pidana Penadahan

2021 ◽  
Vol 1 (1) ◽  
pp. 68-78
Author(s):  
Listiana Listiana ◽  
Elly Sudarti
Keyword(s):  
Research Methods ◽  
Deterrent Effect ◽  
Criminal Offence ◽  
Criminal Offense ◽  
Criminal Sanctions ◽  
The Law ◽  
One Year

ABSTRAK Artikel ini bertujuan untuk mengetahui dan menganalisis putusan dalam tindak pidana penadahan. Penelitian ini menggunakan metode penelitian yuridis normatif.  Keputusan Pengadilan Negeri Sarolangun menunjukkan dalam penjatuhan pidana, hakim belum menerapkan ketentuan sanksi pidana yang terdapat dalam Undang-Undang secara maksimal. Hal ini dapat dilihat dari pemidanaan yang dijatuhkan terhadap pelaku penadahan kurang dari 1 (satu) tahun penjara, sementara ancaman maksimal dari tindak pidana penadahan adalah 4 (empat) tahun penjara. Hal ini mengakibatkan pemidanaan tidak akan memberikan efek jera bagi pelaku. ABSTRACT This article aims to find out and analyze the verdict of criminal offence. The research methods is normative research. The Sarolangun District Court's decision shows that in a criminal sentence, the judge did not apply the provisions of criminal sanctions contained in the law to the maximum. This can be seen from the punishment imposed on perpetrators of detention of less than 1 (one) year in prison, while the maximum threat of criminal offense is  4 (four) years in prison. This resulted in the punishment will not give a deterrent effect for the offender.

scholarly journals Can experiments on animals constitute a criminal offence of cruelty to animals?

2014 ◽  
Vol 66 (4) ◽  
pp. 1339-1344
Author(s):  
Branislav Ristivojevic ◽  
Tatjana Bugarski
Keyword(s):  
Animal Welfare ◽  
Criminal Code ◽  
Legal Rule ◽  
The Other ◽  
European Convention ◽  
Criminal Prosecution ◽  
Criminal Offence ◽  
Experimental Animals ◽  
The Law ◽  
Cruelty To Animals

The criminal offence ?killing and torturing animals? under Article 269 of the Criminal Code says that it can be committed only ?contrary to regulations?. The regulations governing the treatment of experimental animals are the Animal Welfare Law from 2009 and the Law on the Ratification of the European Convention for the Protection of Vertebrate Animals used for experimental and other scientific purposes amended by the Protocol of amendment to the European Convention for the Protection of Vertebrate Animals used for experimental and other scientific purposes from 2010. The first one imposes numerous obligations and introduces numerous prohibitions in the treatment of experimental animals, which at first sight make the possibilities of committing this criminal offence greater. The other law does not contain most of the prohibitions and restrictions that are included in the Animal Welfare Law. Thanks to a legal rule which says that a later law regulating the same subject replaces the former one (lex posterior derogate legi priori) and the aforementioned unconstitutionality of many provisions of the Animal Welfare Law, researchers and teachers in Serbia are not in particular danger of criminal prosecution.

scholarly journals Administrative Sanction Decisions, the More Favorable Law Application and Trust on Judiciary

2020 ◽  
Author(s):  
Gürsel Özkan
Keyword(s):  
Criminal Law ◽  
Administrative Law ◽  
Constitutional Court ◽  
Criminal Offence ◽  
Administrative Act ◽  
The Law ◽  
Administrative Sanction ◽  
Set Up ◽  
Council Of State ◽  
Administrative Sanctions

In terms of administrative sanctions, application of the more favorable law means that when the law in force the time an act was committed and a law subsequently brought into force is different, the law which is more favorable should be applied. EHRC states that applying more stringent punishment to an offender on the grounds that more stringent punishment was in force when the time criminal offence was committed. Misdemeanors have been considered within the scope of criminal law by the Constitutional Court and the Constitutional Court accepts that the principle of the application of the more favorable law should be applied to misdemeanors. Danıştay (the Turkish Council of State) decides that “it should be take into account in terms of administrative sanctions, when a law which is the ground of punishment is set aside or more favorable law is brought into force”. Since administrative acts are reviewed during annulment cases, a law brought into force after an administrative act cannot affect the act retrospect. A law which is enters into force after an administrative act established, could set up a rule which has retrospective affect only if the rule clearly is an amnesty. After an administrative fine is imposed, applying criminal law principals to administrative law and administrative sanctions, in other words, rendering decision of annulment on the ground of the principle of the more favorable law betrays the trust on judicial bodies and law.

scholarly journals Financial Village Standing in Indonesian Financial System

Rechtsidee ◽  
2015 ◽  
Vol 2 (2) ◽  
pp. 121
Author(s):  
Herry Purnomo
Keyword(s):  
Financial Management ◽  
Financial System ◽  
Financial Resources ◽  
Criminal Offence ◽  
State Budget ◽  
Regional Finance ◽  
Financial Position ◽  
The Law ◽  
Principle Of Legality ◽  
The Village

Financial resources of the village that are sourced from a country or a Regional Finance Financial based Law Number 6 Year 2014 of The Village is the mandate of the law that must be allocated to the village. The interconnectedness of the financial position of the village in the financial system of the country or Region concerned the Financial administrative and territorial relations, and there is no setting directly regarding the finances of the village as part of the financial system of the country or the financial area. In respect of the elements of the crime of corruption deeds against financial irregularities of the village there are still disagreements on the interpretation of the law in trapping the perpetrators of corruption on the village chief that implies not satisfy the principle of legality and legal certainty in the ruling of the matter of financial irregularities. In fact, many of the village chief or Councilor caught the criminal offence of corruption over the use of financial irregularities. This research analyzes How the financial position of the village in the financial system of the country or region, as well as whether the financial resources of the village is derived from the state budget or region budget managed in village budget belongs to the category of village finances and whether tort against the financial management of the village can be categorized as a criminal act corruption. How To Cite: Purnomo, H. (2015). Financial Village Standing in Indonesian Financial System. Rechtsidee, 2(2), 121-140. doi:http://dx.doi.org/10.21070/jihr.v2i2.81

12. Detecting and prosecuting computer crime

2020 ◽  
pp. 203-220
Author(s):  
Ian J. Lloyd
Keyword(s):  
Denial Of Service ◽  
Legal Issues ◽  
Computer Crime ◽  
Denial Of Service Attacks ◽  
Criminal Offence ◽  
Computer Viruses ◽  
Media Attention ◽  
The Law ◽  
Computer Fraud

This chapter examines key forms of computer related crimes. Computer fraud is a topic that attracts much legal and media attention. As the name suggests, it is essentially a variant of well-established principles of this area of the law. If a perpetrator obtains funds belonging to a victim through some form of deception or manipulation, this will be considered criminal with the most significant legal issues being concerned with the question when or where an offence has occurred. The deliberate promulgation of computer viruses or malware is also generally regarded as a criminal offence although there are issues regarding the degree of intent that needs to be established to secure a conviction. Viruses are generally spread through the conduct of individuals other than those who create to program. Conduct might be characterized as negligent rather than deliberate and will generally not be criminal. Similar issues of intent and knowledge may arise in respect of other forms of conduct such as denial of service attacks.

The State of the Law on Euthanasia in Kenya

2020 ◽  
Vol 8 (1) ◽  
pp. 1-14
Author(s):  
Moni Wekesa ◽  
Martin Awori
Keyword(s):  
Empirical Studies ◽  
Case Law ◽  
The State ◽  
Right To Die ◽  
Criminal Offence ◽  
Dual Effect ◽  
Current State ◽  
The Law ◽  
State Of Affairs ◽  
The Right

The general position of the law on euthanasia worldwide is that all states recognise their duty to preserve life. Courts in various jurisdictions have refused to interpret the 'right to life' or the 'right to dignity' to also include the 'right to die'. Instead, they have held that the state has a duty to protect life. Three categories can however be noted. At one extreme are those countries that have totally criminalised any appearance of euthanasia. In the middle are countries that prohibit what appears to be active euthanasia while at the same time tolerating 'dual-effect' treatment and withdrawal of artificial feeding. At the other extreme are countries that allow euthanasia. Even in this last category of countries, there are stringent guidelines embedded in the law to prevent a situation of 'free for all'. Anecdotal evidence, some empirical studies and case law seem to suggest that euthanasia goes on in many countries irrespective of the law. Euthanasia is a criminal offence in Kenya. However, there have been no empirical studies to ascertain whether euthanasia goes on in spite of the law. This article surveys the current state of the practice of euthanasia globally and narrows down to elaborate on the state of affairs in Kenya.

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