Criminal Sanctions

2017 ◽  
Author(s):  
Annette Kur ◽  
Martin Senftleben
Keyword(s):  
Intellectual Property ◽  
Civil Law ◽  
Trade Mark ◽  
Public Prosecutor ◽  
The Public ◽  
Criminal Sanctions ◽  
Actual Damage ◽  
Penal Sanctions ◽  
Made In

In addition to civil law, trade mark infringements—like intellectual property infringements in general—are regularly subject to penal sanctions imposed in criminal procedures. The legal instruments available in such procedures are typically stronger than those available under civil law. Thus, the police and/or the public prosecutor usually have greater powers regarding inspection and seizure of infringing materials and documents; second, the financial sanctions imposed are not limited by the amount of actual damage suffered or even by the gains made. In appropriate cases they can go beyond those sums and thus become a real punishment. The deterring effect is even stronger in cases of personal imprisonment of the infringer, or regarding other sanctions like confiscation of business equipment or closing down of the infringer’s business.

scholarly journals Optimizing The Role of Immigration Civil Servant Investigator in Treating Criminal Actions of People Smuggling

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto
Keyword(s):  
Law Enforcement ◽  
Civil Servant ◽  
Immigration Law ◽  
Public Prosecutor ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Criminal Sanctions ◽  
Case Files ◽  
National Police

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law

The Place of the Prosecutor in Common Law and Civil Law Jurisdictions

2019 ◽  
pp. 138-163
Author(s):  
Katalin Ligeti
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Executive Power ◽  
Public Prosecutor ◽  
Prosecutorial Discretion ◽  
The Public ◽  
European Public ◽  
Institutional Positioning ◽  
Centralization And Decentralization

This chapter focuses on the place of the public prosecutor in common law and civil law jurisdictions. It first describes the institutional positioning of public prosecutors, particularly vis-à-vis the executive power, before discussing their role and powers in regard to the pretrial phase. It then considers the increasing tendency to entrust the public prosecutor with quasi-judicial sanctioning powers in the context of out-of-court procedures (“prosecutorial adjudication”). It also examines the role of specialized law enforcement authorities in the exercise of investigative and prosecutorial functions, coercive measures and the need for judicial authorization, and prosecutorial discretion and alternatives to trial proceedings. Finally, it explains how independence, centralization and decentralization, legality and opportunity of prosecution, and the alternatives to trial proceedings have been translated to the supranational design of the European Public Prosecutor’s Office (EPPO).

Settling Criminal Cases Without a Trial

1997 ◽  
Vol 31 (1-3) ◽  
pp. 223-244
Author(s):  
Bert Swart
Keyword(s):  
European Convention ◽  
Public Prosecutor ◽  
Political Rights ◽  
Criminal Cases ◽  
The Public ◽  
Criminal Sanctions ◽  
Criminal Charge ◽  
A Charge ◽  
Almost All

According to Article 13 of the International Covenant on Civil and Political Rights and Article 6 of the European Convention on Human Rights everyone is entitled to a fair and public hearing by an independent and impartial tribunal in the determination of any criminal charge against him. The essence of both provisions could be rephrased by saying that criminal sanctions may only be imposed on a person by an independent and impartial tribunal and only if that person has been able to defend himself against a charge during a hearing that satisfies all requirements of a fair trial.Realities, of course, are rather different. In almost all national systems of justice there is an increasing tendency to develop procedures that allow for imposing sanctions without the necessity of a criminal trial. Their main purpose is usually to relieve the system of a burden of cases with which it cannot really cope. Basically, there are two strategies to reduce the workload of courts and public prosecutors. The first is to invite the suspect to waive his right to trial in exchange for certain favours. This usually occurs in the form of an agreement between the public prosecutor and the suspect, while quite often the cooperation of the court that would have tried the case is also required. The second solution is to grant sanctioning powers to administrative bodies and to allow individual persons an appeal against their decisions to an independent and impartial tribunal.

scholarly journals PERAN PEMERINTAH DALAM MENGANTISIPASI TERJADINYAPERSAINGAN USAHA TIDAK JUJUR BERDASARKANUNDANG-UNDANGNOMOR20TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS

to-ra ◽  
2018 ◽  
Vol 3 (3) ◽  
pp. 628
Author(s):  
Muhammad Ferdian
Keyword(s):  
Intellectual Property ◽  
Geographical Indications ◽  
The Public ◽  
Criminal Sanctions ◽  
Legal Sanctions ◽  
Directorate General ◽  
Education Campaigns ◽  
The Government

Abstract Business competition is often found whose business competition is dishonest, especially towards trademarks. In terms of minimizing the occurrence of violations of unfair business competition, the government has a very im- portant role. The government needs to conduct socialization related to fair business competition on trademarks, by: conducting education, campaigns, providing understanding, providing training for of cers in the Directorate General of Intellectual Property, inviting the public in the ght against counterfeiting and imitation, and the exis- tence of monitoring, evaluation , and fostering by the Directorate General of Intellectual Property or the Business Competition Supervisory Commission (KPPU) and conducting strict reprimands and legal sanctions for business actors who continue to violate their business activities and are proven, then Law Number 20 Year 2016 concern- ing Trademarks and Geographical Indications , speci cally regulates the provision of criminal sanctions that are included in the provisions of Articles 100 and 102.   Keywords: business competition; dishonest; KPPU; legal sanctions.

Prevention of crime, tort and epidemy: The use of criminal procedure for preventive purposes in Poland during Covid-19

2021 ◽  
pp. 174889582110567
Author(s):  
Arkadiusz Lach
Keyword(s):  
Preventive Measures ◽  
Civil Law ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
Criminal Process ◽  
Illegal Activity ◽  
The Public ◽  
Polish Code ◽  
Prevention Of Crime

Criminal procedure is increasingly becoming an important instrument of prevention. This is a globally observed tendency, and Poland is not an exception. There are several regulations in the Polish Code of Criminal Procedure that allow the preventive use of coercive measures. In 2020, a new and controversial regulation was introduced, authorising the public prosecutor or court to prohibit the publication of content interfering with the legally protected goods of the victim. The author criticises the new preventive measure as duplicating civil law injunctions and expresses the opinion that, in criminal procedure, preventive measures should be used to prevent crime, not every illegal activity. In addition, the article describes the criminal procedure for isolating persons obliged to quarantine themselves because they have tested positive for Covid-19 or had contact with infected persons. This raises the question of the limits of the preventive function of provisional arrest and possible abuse of the criminal process using it for aims unrelated to the traditional goal of the criminal process: determining the question of guilt of the accused.

Healthcare Management

2018 ◽  
pp. 157-168
Author(s):  
William R. Roche
Keyword(s):  
Intellectual Property ◽  
Judicial Review ◽  
Civil Law ◽  
General Medical Council ◽  
Healthcare Management ◽  
Medical Council ◽  
Due Diligence ◽  
Professional Regulation ◽  
The Public ◽  
Corporate Manslaughter

Doctors are familiar with the professional regulation of their practice and behaviour through the General Medical Council and for their liabilities under civil law in the event that a patient comes to harm. The public outcry in response to a series of reports into healthcare failings and wrongdoing has led to legislation that criminalizes certain acts and omissions. Increased resort to judicial review has also produced a series of key judgments that have more sharply defined the duties and liabilities of those commissioning and providing healthcare. Medical managers need to be aware of the increased range of professional expectations of them as individuals and the statutory duties of healthcare commissioners and providers. This chapter will discuss issues in relation to this, such as rationing, corporate manslaughter, due diligence, duty of candour, intellectual property, exploiting commercial interests, and trainee liability.

scholarly journals Tinjauan Yuridis terhadap Pelaku Tindak Pidana Pembunuhan Bayi (Studi Kasus Putusan Nomor 1123/Pid.Sus/2018/Pn Dps)

2021 ◽  
Vol 2 (3) ◽  
pp. 616-621
Author(s):  
Desak Ketut Parwati ◽  
I Wayan Rideng ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Child Protection ◽  
Legal Protection ◽  
Public Prosecutor ◽  
Conceptual Approach ◽  
Legal Subject ◽  
The Public ◽  
Criminal Sanctions ◽  
Witness Statements ◽  
Materials Used ◽  
Research Type

Protection for babies has started since in the womb. In accordance with article 2 Burgerlijk Wetboek that a child who is still in his mother's womb is considered a legal subject as long as the interests of the child are desired. However, nowadays cases of infanticide often occur, so in this case legal protection is needed. The purpose of this research is to analyze the regulation of criminal sanctions for the perpetrators of the crime of infanticide and the judge's consideration of the perpetrators of the crime of infanticide. The type of research used in this paper is a normative law research type with a statutory and conceptual approach. The sources of legal materials used are primary and secondary legal materials. After the data is collected, then the data is analyzed systematically. The results of the research reveal that the setting of sanctions for perpetrators of the crime of infanticide is as regulated in Law Number 35 of 2014 concerning Child Protection. The judge's considerations in making a decision against the perpetrators of the crime of infanticide which resulted in death, include; witness statements that have been submitted by the public prosecutor before the trial, based on the testimony of the defendant at the trial and based on the elements of the crime charged by the public prosecutor in the single indictment have been fulfilled.

Intellectual Property Law

2018 ◽  
Author(s):  
Lionel Bently ◽  
Brad Sherman ◽  
Dev Gangjee ◽  
Phillip Johnson
Keyword(s):  
Intellectual Property ◽  
Private Information ◽  
Legal Regulation ◽  
Trade Mark ◽  
Patent Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Public ◽  
Wide Range ◽  
Trade Mark Law

Intellectual Property Law provides a detailed analysis of intellectual property law with reference to a wide range of academic opinion, giving a broad context for exploring the key principles of the subject. In this fifth edition, the introduction has been updated to take account of Brexit. Important developments covered include the introduction of a doctrine of equivalents into UK patent law, the reforms of EU trade mark law (particularly with respect to ‘representation’ of marks, and the ‘functionality exclusions’), and the development of the concept of ‘communication to the public’ by the CJEU. The book covers a number of areas of intellectual property law including copyright, patents, the legal regulation of designs, trade marks and passing off, confidential information, and litigation and remedies. The volume includes a new chapter on the tort of misuse of private information.

scholarly journals Certain contentious issues related to the suspended sentence

Crimen ◽  
2020 ◽  
Vol 11 (3) ◽  
pp. 235-254
Author(s):  
Veljko Delibašić ◽  
Tijana Kostić
Keyword(s):  
Criminal Code ◽  
General Purpose ◽  
Public Prosecutor ◽  
Limiting Factor ◽  
Criminal Sanction ◽  
The Public ◽  
Criminal Sanctions ◽  
Material Conditions ◽  
Adherence Monitoring ◽  
A Minor

This paper addresses the issue of suspended sentence since it is a criminal sanction frequently applied in Serbia and statutory provisions regulating suspended sentence are also subject to frequent modification which altogether emphasizes the need of its continuous study. Within the general purpose of criminal sanctions, the purpose of a suspended sentence is to avoid imposing the sentence on an offender for a minor offence in cases when it can be reasonably expected that a warning with a threatened sentence shall suffice to prevent the offender from perpetrating other crimes. Suspended sentence can be granted only when the offender has been sentenced to less than two years imprisonment, however, on condition (which was tightened in 2019) that the crime does not fall within the category of criminal offences for which an eight-year prison sentence (before it was 10 years) or longer can be delivered. Subjective reasons due to which suspended sentence cannot be granted have been also extended, so therefore, suspended sentence can be granted only if more than five years have elapsed from the time the judgment became final by which the offender was sentenced either to imprisonment or was pronounced a suspended sentence for a crime with premeditated intent. In view of the fact that a fine is still a form of punishment and, accordingly, a stricter criminal sanction than suspended sentence which is a non-custodial measure meaning a more lenient sanction, it would be quite acceptable if the legislator, as a limiting factor, also envisaged a fine for a crime with premediated intent. As regards a five year term calculated from the finality of judgment, a better solution would be that the period be calculated from the day of the sentence being served, prescribed or the day a pardon has been granted, i.e. from the day when the adherence monitoring period to probation conditions has expired. Furthermore, recently introduced statutory solutions would result in decrease in the number of suspended sentences in criminal sanctions structure. When it comes to suspended sentence supervision order, as it is rarely applied, it is necessary that minimum effort be invested in providing material conditions and human resources for carrying out this sanction which was found to be effective in many countries. A serious omission of legislators is that the Criminal Procedure Code, when defining the institution of hearing for pronouncing a criminal sanction, leaves an option to the public prosecutor to propose passing of a suspended sentence with determining fine, which is contrary to the Criminal Code. This omission should be corrected by giving priority to the Criminal Code i.e. by excluding the option for the public prosecutor to propose such a sanction.

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