New Nepali criminal code threatens press freedom

2019 ◽  
Keyword(s):  
Criminal Code ◽  
Press Freedom

scholarly journals Perlindungan Hukum terhadap Anak Sebagai Pelaku Tindak Pidana dari Perspektif Kemerdekaan Pers

2021 ◽  
Vol 2 (2) ◽  
pp. 233-237
Author(s):  
Kadek Mahadewi ◽  
I Wayan Rideng ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Child Protection ◽  
Negative Impact ◽  
Code Of Ethics ◽  
Legal Protection ◽  
Children's Rights ◽  
Criminal Code ◽  
Children’S Rights ◽  
Press Freedom ◽  
The Press ◽  
Negative Impacts

Legal protection  for children  who consider  the law  is one important  aspect  that must  be considered   by all parties  to avoid  negative  impacts felt  by children  and children.   This  research  has  two problemformulations,     namely:   1) How  is legal protection   against  children  as  a  crime?  2)  What  are  the  implications   of press freedom which violates children's  rights as a crime? The method  used is nonnative legal  research.   The  implementation    of  press  freedom    in  reporting   is  not   in accordance   with  the  regulations   regarding  child  protection   and  the journalistic code of ethics because  efforts  are still being made  by the press  in reporting  about children  as a crime  whose identity  is published  in both print and electronic  media so that  it has a negative  impact  both physically.   and psychologically   to children. This requires  accountability  from the press  and sanctions  given  to the press  who violate children's  rights are regulated  in the Criminal  Code.

“É antes um delito político do que natural ou individual”: a condição jurídica dos delitos de abuso de liberdade de imprensa no Direito Penal do Brasil Império

2021 ◽  
Vol 13 (1) ◽  
pp. 28-44
Author(s):  
Danler GARCIA ◽  
Diego NUNES
Keyword(s):  
Constitutional Law ◽  
Legal Status ◽  
Contemporary Literature ◽  
Criminal Code ◽  
Press Freedom ◽  
Historical Sources ◽  
Political Crime

The following work focuses on the legal status of offenses against press freedom under the Criminal Code of the Empire of Brazil, whether common crimes, special crimes, or political crimes. In light of the absence in the historiography of historical-legal investigations into this unique issue, this article has sought to analyze historical sources, such as doctrines on criminal and constitutional law by the Empire’s authors, as well as contemporary literature on history, law, and other fields of knowledge distinct from law. The result reveals a disparity in sources on offenses against press freedom, classifying them as regular crime, crime sui generis, private crime, and political crime, with the latter type predominating.

scholarly journals KEBEBASAN PERS DALAM PERSPEKTIF PERADILAN PIDANA

1970 ◽  
Vol 4 (1) ◽  
pp. 1-13
Author(s):  
Vivi Ariyanti
Keyword(s):  
National Security ◽  
Code Of Ethics ◽  
Criminal Code ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
Public Order ◽  
Working Process ◽  
Process Testing ◽  
Administration Of Justice ◽  
The Press

Freedom of the press in the perspective of the criminal justice is the use of the provisions of the Criminal Code; itis not limitation or restraint on freedom of the press, because the provision was only a tool that is used for the testing of limitativeconduct a press working process. Testing can be done by using specific parameters as stipulated in the convention on thefreedom of information, such as the press can not be prosecuted in criminal law except when to do positive things likecontempt, sedition, blasphemy, pornography, a lie news, disturb national security and public order and statements thatimpede the fair administration of justice. Therefore, in press freedom, presenting news must be based on features newsjournalist code of ethics that exist

scholarly journals ANALISIS YURIDIS TENTANG TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI INTERNET DIKAITKAN DENGAN KEBEBASAN PERS

2020 ◽  
Vol 2 (2) ◽  
pp. 147
Author(s):  
Rudolf Silaban ◽  
Jaminuddin Marbun
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Press Freedom ◽  
The Internet ◽  
Applicable Law ◽  
Legal Provisions ◽  
Internet Media ◽  
The Press ◽  
Inductive Methods ◽  
The Law

This study ims at finding out and understanding the provisions in the provisions of Indonesian law regarding the relation to defamation through the internet associated with press freedom, forms and criteria for criminal acts of defamation carried out in the internet media, forms of accountability for perpetrators of criminal defamation of names both through the internet in the applicable legal provisions in Indonesia. This research is a normative juridical research that is descriptive analytical and data analysis is carried out qualitatively descriptive, normative, logical, systematic, using deductive and inductive methods. The results of the study show that the regulation in the provisions of Indonesian law regarding the relation to defamation through the internet is related to freedom of the press. In a criminal case involving the press, of course, it cannot necessarily use the law against the law contained in the Criminal Code because a journalist's work is protected by Law No. 40 of 1999 concerning the Press. If there is a use of criminal legal instruments, then the element of unlawfulness contained in the Criminal Code must be linked to the Press Law. The forms and criteria for criminal defamation with complaints, insults to official bodies, insults to the dead. The forms of liability of perpetrators of criminal defamation through the internet in the provisions of applicable law in Indonesia, namely liability for criminal defamation through the internet media can be applied along with imprisonment sanctions or in the form of fines in accordance with applicable laws. This liability is charged in accordance with the criminal element which has been reviewed in terms of terms of criminal liability.

Freedom Indices and Capital Asset Pricing Model: Some Malaysian Evidence

2020 ◽  
Vol 1 (1) ◽  
pp. 1-21
Author(s):  
Ying Tay Lee ◽  
Devinaga Rasiah ◽  
Ming Ming Lai
Keyword(s):  
Human Rights ◽  
Asset Pricing ◽  
Stock Returns ◽  
Firm Size ◽  
Explanatory Power ◽  
Least Square ◽  
Press Freedom ◽  
Capital Asset Pricing ◽  
Capital Asset ◽  
Cross Sectional

Human rights and fundamental freedoms such as economic, political, and press freedoms vary widely from country to country. It creates opportunity and risk in investment decisions. Thus, this study is carried out to examine if the explanatory power of the model for capital asset pricing could be improved when these human rights movement indices are included in the model. The sample for this study comprises of 495 stocks listed in Bursa Malaysia, covering the sampling period from 2003 to 2013. The model applied in this study employed the pooled ordinary least square regression estimation. In addition, the robustness of the model is tested by using firm size as a controlled variable. The findings show that market beta as well as the economic and press freedom indices could explain the cross-sectional stock returns of the Malaysian stock market. By controlling the firm size, it adds marginally to the explanation of the extended CAP model which incorporated economic, political, and press freedom indices.

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Educational Institutions ◽  
Scientific Article ◽  
Teaching Staff ◽  
Self Defense ◽  
Special Part ◽  
The Russian Federation ◽  
Legislative Activities

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.

Social media in Algeria: New tools for democracy and press freedom

Relation ◽  
2019 ◽  
Vol 1 ◽  
pp. 267-280
Author(s):  
Laeed Zaghlami
Keyword(s):  
Social Media ◽  
Press Freedom
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