scholarly journals Dear reader,

2019 ◽  
Vol 28 ◽  
pp. 1-1
Author(s):  
Jaan Sootak
Keyword(s):  
Intellectual Property ◽  
Criminal Law ◽  
Assisted Suicide ◽  
Criminal Liability ◽  
Legal Protection ◽  
Contract Law ◽  
Fundamental Rights ◽  
Legal Person ◽  
Medical Law ◽  
The University

A large proportion of the articles in Juridica International this year is dedicated to criminal law. A paper that truly addresses the issues of legal dogmatics in this field in depth with regard to delict of negligence was contributed by Laura Feldmanis. Raimo Lahti’s article on the criminal liability of a legal person is written from the standpoint of criminal and comparative law, while Frieder Dünkel’s approach to German sanction law should provide plenty of interest and joy of discovery for legal scientists and practitioners alike. Thomas Weigend’s submission, in turn, takes a rather unique look at the material element in criminal law and criminal procedure. He focuses his attention on truth and values. Andres Parmas has considered Estonian criminal law in relation to the dogmatics of international criminal law. All of these articles are an outgrowth of presentations made at a jubilee conference that took place at the University of Tartu. I would like to take the opportunity here to thank everyone who participated in the conference – especially, of course, the speakers. In addition, two articles on medical law had their beginnings in presentations at the conference. One of them, by Henning Rosenau, is squarely in the domain of classic medical law, bringing together discussion of human rights and of issues connected with reproductive medicine. The other medical-law article, by Henning Lorenz, draws particular attention to an addition to German criminal law that has made waves (and met a lot of criticism) in the fields of criminal law, medical law, and legal policy in general: criminalising assisted suicide. This topic has been subject to intense discussion also in the media of Estonia and other countries.  I can happily say on behalf of both myself and the editorial board that, at the same time, the new issue offers plenty to read also for those less interested in criminal and medical law. Self-driving cars are a matter of interest not only to engineers but also for lawyers. Taivo Liivak’s ‘What Safety are We Entitled to Expect of Self-driving Vehicles?’ considers some of the issues that we will soon face on the streets on a daily basis. Private law is represented in the article ‘A Half-built House? The New Consumer Sales Directive Assessed as Contract Law’. This piece on consumer protection and contract law was submitted by Kåre Lilleholt, who holds the title Doctor Honoris Causa from the University of Tartu. A paper jointly authored by Ilya Ilin and Aleksei Kelli, ‘The Use of Human Voice and Speech in Language Technologies: The EU and Russian Intellectual Property Law Perspectives’, examines the legal protection of intellectual property. The field of constitutional law is represented too, by Ivo Pilving’s presentation of an approach to fundamental rights in the context of European Union law in ‘Parallele Anwendbarkeit von Grundrechtecharta der EU und nationalen Grundrechten’. Still more colours are added to the legal palette by Märt Maarand, with his article ‘The Concept of Recovery of Credit Institutions in the Bank Recovery and Resolution Directive’, and by the paper ‘Is Full Preference for a Secured Claim in Insolvency Proceedings Justified?’, by Anto Kasak. 

scholarly journals FEATURES OF CRIMINAL AND LEGAL PROTECTION OF ECONOMIC AND OTHER INTERESTS OF SUBJECTS OF THE INTELLECTUAL PROPERTY RIGHTS ON UKRAINIAN LANDS UNDER THE CRIMINAL PROVISIONS OF 1903

2019 ◽  
Vol 4 (44) ◽  
pp. 40-50
Author(s):  
Oksana Korotiuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
Patent Law ◽  
Legal Norms ◽  
Significant Difference

The article analyzes the criminal law provisions of the Criminal Code of 1903, which provided the responsibility for encroachments on objects of intellectual property rights, and defined the peculiarities of criminal legal protection of economic and other interests of subjects of intellectual property rights in Ukrainian lands according to these criminal legal norms. The Criminal Code of 1903 was marked by a significant difference from the Criminal Code of 1845, expressed as a significant reduction in the number of criminal acts, the general humanization of criminal punishment, and in a more progressive approach to the design of criminal law. For example, in Art. 1, the principle of "nullum crimen sine lege" was directly affirmed for the first time, while in criminal laws of earlier times it was laid down but only proceeded from the general content of the articles. Analysis of the criminal law of the Criminal Code of 1903 provisions allowed to conclude that the criminal legal protection of objects of intellectual property rights was carried out at the expense of: 1) criminal law, which provided for liability for attacks on objects of copyright and patent law. In this case, the legal protection of copyright objects was closely linked to the censorship and, in fact, was inseparable from it; 2) the provisions establishing criminal liability for actions related to the disclosure of secrets; 3) provisions relating to the introduction of goods into the market and their circulation there, as well as the importation of goods into the territory of the Russian Empire, which provided for liability for the following acts: a) acts related to the illegal manufacture of works and their introduction into circulation, in including the illegal circulation of equipment that may be used for the illicit manufacture of works; b) acts related to the illicit sale or other distribution of works; c) other acts related to the illegal circulation of objects of intellectual property rights.

scholarly journals Criminal protection of objects of individualization in Ukraine and abroad

2021 ◽  
pp. 81-87
Author(s):  
Yevheniia Nedohybchenko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
The United States ◽  
Industrial Property ◽  
National System ◽  
The Law

Keywords: object of individualization, trademark, mark for goods and services,criminal liability, criminal legal protection Problems of criminal law protection and protection of meansof individualization among the participants of economic circulation has not found itscoverage and analysis in the legal literature.Legal regulation of industrial property protection at the international level takesplace within a number of agreements: the Paris Convention for the Protection of IndustrialProperty of 1883, the Madrid Agreement Concerning the International Registrationof Marks of 1891, the Hague Agreement Concerning the International Registrationof Industrial Designs of 1925, and others.The article examines the experience of criminal law protection of trademarks ofthe following countries: USA, Great Britain, Germany, Switzerland, Ukraine.The author speaks about the need to unify approaches to criminal prosecution inUkraine. This will facilitate effective litigation. Establish liability for infringement oftrademark rights. Will contribute to the improvement of the national system of protectionof intellectual property rights. Increase safeguards to protect intellectualproperty rights. It will raise Ukraine's image in the world.The laws of the countries define in detail the scope of rights of owners to intellectualproperty. The law provides a list of actions that are considered a crime.In the United States, a criminal case is initiated by the federal government or thestate. In the Federal Republic of Germany, most infringements of intellectual property rights are governed by civil law. An offense is a criminal offense if it is committedwith intent.Ukraine also has special legislation. Criminal liability is established in the relevantarticles of the Code. These articles are in different sections of the Criminal Codeof Ukraine. Such placement of norms negatively affects the punishment of violators.There is a need to unify approaches to prosecuting offenders. This will facilitate effectivelitigation. Establish liability for violations of the law. Will contribute to the improvementof the national system of protection of intellectual property rights. Increasingguarantees of protection of intellectual property rights. It is necessary to do so byintroducing the relevant into the Criminal Code of Ukraine.

Latvia

2020 ◽  
Keyword(s):  
Criminal Liability ◽  
Legal Protection ◽  
Legal Person ◽  
Insolvency Law ◽  
Insolvency Proceedings

According to the paragraph 62 part 3 of Latvian Insolvency Law the debtor (legal person) is obliged to file for insolvency proceedings (liquidation) if the debtor is not able to service its debts and it is not possible to file for legal protection procedure (court approved reorganisation) or to reach out of court settlement with creditors. According to Latvian legislation the management of the debtor is criminally liable for hesitation to file insolvency petition and according to the mentioned provisions of Insolvency Law management of a debtor may avoid criminal liability if they try to reach out of court restructuring.

scholarly journals ASPECTS OF INSOLVENCY IN CRIMINAL LAW

2015 ◽  
Vol 3 (72) ◽  
pp. 18
Author(s):  
Ivars Kronis
Keyword(s):  
Criminal Law ◽  
Scientific Literature ◽  
Criminal Liability ◽  
Legal Protection ◽  
Case Law ◽  
Behavior Patterns ◽  
Insolvency Law ◽  
Legal Norms ◽  
The Law ◽  
Insolvency Proceedings

The article contains analysis of the legal norms that govern criminal liability for risks posed to insolvency. Based on case law and conclusions made by the law scholars, the preconditions have been studied the presence of which has to be proven in order to enable calling of a person to criminal account for leading to insolvency, filing of a fraudulent application for insolvency proceedings, hindering the insolvency proceedings and breach of the conditions of legal protection. The study enables deepen understanding of the preconditions to application of the law and helps to gain knowledge of criminal legal protection of insolvency and to avoid any behavior patterns that might be interpreted as criminal. The period since enactment of the new Insolvency Law that has changed the concept of insolvency as well as the course of procedure and therefore has affected the application of criminal legal protection has been too short for development of judiciary in this area. The few sources of scientific literature on the regulation of criminal legal protection of insolvency in the Criminal Law had been published before enactment of the new Insolvency Law. Five years of operation of the Insolvency Law is a kind of milestone for updating the issues of criminal legal protection of insolvency and extended assessment of the insolvency regulations in the Criminal Law.

scholarly journals Features of criminal and legal protection оf state secrets under US law

2021 ◽  
pp. 123-128
Author(s):  
O. РONOMARENKO
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
State Secrets

The article is devoted to determining the features of criminal law protection of state secrets under US law. The system of US regulations in the field of protection of state secrets is considered. The classification of types of state secrets is given. The grounds for criminal liability for crimes in the field of protection of state secrets have been determined. The measures of criminal and legal influence applied to the persons who have committed such crimes are revealed.

scholarly journals CONFISCATION OF PROPERTY AS A SANCTION IN LATVIA CRIMINAL LAW

2019 ◽  
Vol 3 (88) ◽  
pp. 47
Author(s):  
Dainis Mežulis
Keyword(s):  
Human Rights ◽  
Community Service ◽  
Criminal Law ◽  
Justice System ◽  
Special Property ◽  
State Ownership ◽  
Fundamental Rights ◽  
Legal Person ◽  
Criminal Penalty

The purpose of the paper is to analyze confiscation of property as a criminal penalty in  the criminal law of Latvia. According to the Section 42 of criminal law - confiscation of property is compulsory alienation of the property owned by a convicted person to the State ownership without compensation. Confiscation of property may be specified as an additional punishment to a deprivation of liberty or community service. Property owned by a convicted persons,  which they  have transferred to another natural or legal person, may also be confiscated. Confiscation of property may be specified only in the cases provided by Law. A court, in determining confiscation of property, shall specifically indicate which property is to be confiscated.At the same time - Chapter VIII.2 of criminal law has a very wide regulation of special property confiscation , that by law is not  a criminal penalty, but  a compulsory measure.The author believes that confiscation as a sanction must be excluded from law, as it is not in line with fundamental rights and is not efficient.Special confiscation and fine are more efficient and precisely regulated, which allow to respect human rights. Confiscation does not ensure balance between effectiveness and human rights with regards to general objectives of criminal justice system.

scholarly journals NULLUM CRIMEN SINE LEGE

2019 ◽  
Vol 13 (1) ◽  
pp. 15-20
Author(s):  
LAURA-ROXANA POPOVICIU
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Fundamental Principle ◽  
Fundamental Rights ◽  
Economic Life ◽  
Professional Activity ◽  
Free Development ◽  
The Right ◽  
Principle Of Legality ◽  
Right Order

This article discusses the issue of one of the most important Latin expressions that establish at the level of general principle that no crime exists outside the law.The purpose of the criminal law being the defense against the offenses of the right order, ensuring this order implies a strict respect of the principle of legality.Part of the principle of legality, the legality of incrimination, was formulated among the first, by the Beccaria in Dei delitti e delle pene and proclaimed also in the Declaration of Human and Citizen Rights (1789).Subsequently, the principle of legality of incrimination was passed in most criminal codes and even in some constitutions.The Romanian penal code emphasizes that the incriminations can only take place by law, not by other normative acts.In our law, crime is the sole basis of criminal liability.The second part of the principle of legality stipulates the legality of the punishments, so that, the crime being the only theme of the criminal liability, at the time of the commission the sanction must also intervene. Only when the sanction intervenes, it must be taken into account in particular that by sanctioning the offenders and the way in which the punishments are enforced some fundamental rights of the person are restricted, such as: freedom of movement, enshrined in all democratic constitutions, free development of the personality of the man and of his participation in the social and economic life, in the family life, the interruption of the professional activity and not lastly the affectation of his dignity. Therefore legality is a fundamental principle of criminal law: the criminalization can only take place through a law, and the sanction only if it is provided by law.

10. Participation

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Criminal Law ◽  
Joint Venture ◽  
Criminal Liability ◽  
Legal Person ◽  
Essential Information ◽  
Vicarious Liability ◽  
Limited Role

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the liability of parties who participate in the criminal acts of others. Liability can be split into four parts: those who are accessories, those who are joint perpetrators, those who are vicariously liable, and those who are corporations. Accessories are those who aid, abet, counsel, or procure the commission of the principal offence. Participants who enter a joint venture (also known as a joint unlawful enterprise) are liable for the crimes committed as part of that venture, unless one of the parties deliberately departs from the agreed plan. The doctrine of vicarious liability has a (limited) role in the criminal law. A corporation is a legal person, so criminal liability can be imposed on a corporation for many (although not all) crimes.

scholarly journals The scope of criminal liability for misappropriation of authorship in EU countries: comparative analysis

2020 ◽  
pp. 192-217
Author(s):  
Ramunė Steponavičiūtė
Keyword(s):  
Intellectual Property ◽  
Criminal Liability ◽  
Legal Protection ◽  
Modern Society ◽  
Cultural Development ◽  
The European Union ◽  
Ways Of Coping ◽  
Eu Countries ◽  
The World ◽  
The Eu

Intellectual property legal protection is undoubtedly one of the most important factors and conditions of effective economic, social and cultural development in modern society. According to researchers, absolute majority of countries in the world have set criminal liability for certain crimes against intellectual property rights, including all of the European Union (hereinafter – EU) countries. One of those crimes is misappropriation of authorship. Yet the criminal laws of EU countries criminalise misappropriation of authorship very differently - some protect not only author rights but also related rights, the conditions for criminal liability in the general corpus delicti are of a very different scope as well as the punishments for those crimes differ significantly. This analysis will present the scope of criminal liability in all the EU countries, including the reasons why, as well as will try to find the answer whether ways of coping with these difficulties exist.

scholarly journals Criminal Liability of Legal Persons in Light of the Subsidiarity of Criminal Repression

2016 ◽  
Vol 7 (4) ◽  
pp. 215-228
Author(s):  
Pavel Kotlán
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Theoretical Concept ◽  
Legal Person ◽  
Legal Regulations ◽  
Criminal Proceedings ◽  
Definition Of

Abstract This paper deals with the definition of (substantive) subsidiarity of criminal repression and the possibility of its application to the criminal liability of legal persons. After defining the liability of legal persons in the relevant legal regulations, the paper presents an interpretation of subsidiarity in Section 12(2) of the Criminal Code that is significantly different from the “official” opinion. Subsequently, the paper discusses certain criminal law situations in which the application of subsidiarity would lead to the conclusion that the legal person is not punishable (“non-criminality”). The first aim was thus to present the theoretical concept of subsidiarity of criminal repression, which would be methodologically correct, and therefore generally applicable. The second objective was directed at demonstrating that this construct can be applied to specific examples of the liability of legal persons, that is, that it can be applied to the activities of the bodies in charge of criminal proceedings.

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