scholarly journals LEGAL PROTECTION OF THE CRIME VICTIMS UNDER THE SWEDISH LAW OF XX—XXI CENTURIES (HISTORICAL AND LEGAL ANALYZE)

2016 ◽  
pp. 0-0
Author(s):  
Сергей Андрусенко ◽  
Sergey Andrusenko
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Crime Victims ◽  
Historical Background ◽  
International Studies ◽  
Legal Doctrine ◽  
Stage Of Development ◽  
Victims Of Crime ◽  
Theory Of Law ◽  
Law And Legislation

The present article analyzes the historical and legal issues of victims of crimes in Sweden. At the present stage of development of Swedish criminal law, the Institute of the rights of victims of crime in Sweden is one of the most developed. Criminal protection of victims of crimes in the Russian Federation attends relatively little attention. The history of formation of Institute of the rights of victims is a necessary foundation for the development of it in a modern Russian theory of law and legislation. The historical background of the Institute the rights of victims which has determined the contours of a modern understanding of the rights of victims, for example, was reflected in a Swedish law. Some elements of the criminal law concept of crime victims in Sweden, such as free legal assistance, certain elements of compensation (e.g., compensation for physical and moral damages) may be implemented in the domestic theory of law and legislation. International studies indicate that the level of victimization of the population of European countries, which show the number of actual victims of crimes, is at average of 16% of the total population. In this regard, the possibility of the reception of the Swedish legal doctrine devoted to the protection of victims of crime is of particular importance for the Russian theory of law.

scholarly journals Legal Protection for Cyber Crime Victims on Victimological Perspective

2018 ◽  
Vol 54 ◽  
pp. 08004
Author(s):  
Angkasa
Keyword(s):  
Qualitative Research ◽  
Justice System ◽  
Legal Protection ◽  
Crime Victims ◽  
Research Approach ◽  
Child Victims ◽  
Cyber Crime ◽  
Child Victim ◽  
Victims Of Crime ◽  
Source Of Error

All this time, a second victimization in a criminal justice system is considered to be an identical problem for the victims of crime. Thus, it is fair if the whole assessment is more oriented to the legal protection for the victims, especially the child victims in the crime of fornication and coition. However, when viewed from different sides, the source of error is not always absolute to the perpetrator but also because of the victim precipitation. This study examines the victim precipitation and its prevention with the aim to understand the degree of victim precipitation and the proportional prevention, that is not only from the aspect of the perpetrators but also from the aspect of the child victim and the community who have the potential to become victims. This research was conducted in the jurisdiction of Purwokerto City and Banyumas Regency, using sociological juridical research and qualitative research approach. The results show that there are several forms of victim precipitation in the crime of sexual fornication and coition to the child. Meanwhile, the prevention must be conducted comprehensively, either from the internal of the victim, or externally from various related parties.

Addressing vulnerability in Ireland’s criminal justice system: A survey of recent statutory developments

2020 ◽  
Vol 24 (3) ◽  
pp. 280-306 ◽  
Author(s):  
Alan Cusack
Keyword(s):  
European Union ◽  
Criminal Justice ◽  
Intellectual Disabilities ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Crime Victims ◽  
Sexual Offences ◽  
System A ◽  
Victims Of Crime

For over a quarter of century Ireland’s statutory special measures framework, as originally enacted by the Criminal Evidence Act 1992, remained largely unchanged, falling beyond the reformative gaze of successive Irish governments. This period of political inertia, however, came to an abrupt end in 2017 when Irish policymakers, motivated by developments at a European Union level, introduced two landmark legislative instruments which promised to reimagine the availability and diversity of Ireland’s store of statutory testimonial accommodations, namely the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017. By interrogating these newly-commenced instruments in light of the experience of crime victims with intellectual disabilities, this paper surveys the current procedural landscape governing the treatment of vulnerable crime victims in Ireland and is intended to go some way towards exposing the embedded evidential barriers which continue to prejudice efforts aimed at securing their best evidence in court.

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA KESUSILAAN DALAM HUKUM PIDANA POSITIF SAAT INI

2016 ◽  
Vol 3 (2) ◽  
pp. 172
Author(s):  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Law ◽  
Child Protection ◽  
Government Regulation ◽  
Legal Protection ◽  
Criminal Code ◽  
Child Victims ◽  
Sexual Offenses ◽  
Victims Of Crime ◽  
Victim Protection ◽  
The Law

Problems of sexual offenses against children arising from the enforcement of the criminal law has not been oriented to the protection of victims, especially justice, but rather on the application of penalties on the offender. As a result, not make people afraid of committing a crime of morality, even more perpetrators of rape and sexual abuse against children. the problem in this research is how the provisions of the legal protection of children as victims of sexual offenses under criminal law are positive today.Legal protection of child victims of crime in the criminal law of chastity positive current on Article 287, 290, 292, 293, 294 and 295 of the Criminal Code and Article 81 and 82 of the Act.No. 23/2002, as amended. Act. No. 35 of 2014 as amended by Government Regulation No.1 / 2016 on the amendment of the Law No. 23/2002 on Child Protection, and when the victims are included in the scope of the household, then apply the provisions of Articles 46 and 47 of the Law. No. 23/2004 on the Elimination of Domestic Violence, and Law No. 31/2014 on Witnessand Victim Protection. weakness that emerged in the Act. No. 31/2014 is the absence of a provision governing the sanctions when players do not give restitution to the victims.

scholarly journals Signs and features of law which cause the necessity of interpretation

2019 ◽  
Vol 74 (3) ◽  
pp. 64-71
Author(s):  
V. K. Antoshkina
Keyword(s):  
Legal Regulation ◽  
Legal Norms ◽  
Stage Of Development ◽  
Special Knowledge ◽  
The Will ◽  
Basic Approaches ◽  
Theory Of Law ◽  
Law And Legislation ◽  
High Degree ◽  
Law Making

In general theory of law basic approaches to interpreting norms have been developed, but they require more attention to be paid and their improvement, especially at the current stage of development of our society in the conditions of constant updating of normative material. That is why the reasons for interpretation, including the specificities of the various spheres of law and legislation, have become the object of research in this paper. The author mentions the opinions of legal scholars outlined for the reasons that necessitate the interpretation of legal requirements. While agreeing with the statements and conclusions given, it is advisable to analyze these reasons in more detail and to supplement them. The paper concludes that the reasons for the need for interpretation can be divided into two groups: - objective – can not be resolved and can not be interpreted as the fault of the legislator (clarification of the will of the legislator, which can be changed over time, clarification of any form of language that has some autonomy from thought, abstract nature of the norms of law, clarification special terms, etc.); - subjective – the result of faults by legislators, which, in due regard, could have been eliminated while the creation of a legal act (poor edition of the text of the normative act, lack of special knowledge of the author of the normative act, the presence of conflicts between normative acts which are regulating the same issue, inappropriate usage of the rules of law-making technique, etc.). Attention is also paid to the fact that the subject of interpretation of law while doing it must take into account the peculiarities of the regime of legal regulation, the main grounds, principles and approaches to the statement of the rules of one or another field of law, etc. These problems are being solved with the help of different types of interpretation of legal norms. According to the conducted research, the reasons for the need to interpret legal norms are connected not only with miscalculations made by the legislator in the formulations of the texts of laws, their failure, inaccuracy, discrepancy, etc. Therefore, improving the legislation, eliminating law-making errors does not cause the loss of the role of law interpretation in the process of its implementation. Moreover, the better the current legislation is, the more thoughtful the interpretation of its requirements should be. After all, perfect law always has a very high degree of abstractness of the rules of conduct enshrined in it, which makes relevant further scientific research in this field.

scholarly journals Children Under the Age as the Victim of Sexual Crimes

2018 ◽  
Vol 54 ◽  
pp. 08011
Author(s):  
Vience Ratna Multi Wijaya
Keyword(s):  
Human Dignity ◽  
Legal Protection ◽  
Secondary Data ◽  
Crime Victims ◽  
Sexual Crimes ◽  
Sexual Crime ◽  
Article 59 ◽  
Criminal Sanctions ◽  
Victims Of Crime ◽  
Special Protection

Children is the next generation of a nation and state. Therefore, it is necessary for them to get special protection both physically, mentally and socially. In order to realize the fulfillment of the children’s rights. Legal Protection under Article 1 Sub-Article 2 of Law Number 35 of 2014 is all activities to guarantee, protect children and their right to live, grow, develop and participate optimally in accordance with human dignity and protection from violence and discrimination. One of the violence experienced by underage children is sexual crime victims. As for the issue: How is protection given to the law of children who are the victim of sexual crime? This study is Normative and uses secondary data, and analyzed qualitatively and is descriptive with approach refers to legislation such as Law No. 35 of 2014 jo Law No. 23 of 2002, Act NO. 17 of 2016, Law No. 39 of 1997. Results of legal protection research on children under the age of victims of crime in accordance with Article 59 paragraph 2 and Article 66 of Law No. 35 of 2014, and severe criminal sanctions on Law no. 17 year 2016, while prevention there should be cooperation between all parties KPAI, Government, Family and Society.

Characteristics and Functional Purpose of the System of Criminal Law Rules Providing Protection of Military Law and Order

Lex Russica ◽  
2021 ◽  
pp. 44-62
Author(s):  
V. P. Bodaevsky
Keyword(s):  
Criminal Law ◽  
Open Systems ◽  
Legal Protection ◽  
Law And Order ◽  
Legal Norms ◽  
Internal Relations ◽  
Theory Of Law ◽  
Military Law ◽  
The Military ◽  
Functional Purpose

Based on the provisions of the general theory of systems and the theory of law, the author of the paper, taking into account philosophical objective attitudes, argues that, despite the fact that the law-maker refers legal norms ensuring protection of the military law and order to differnt institutions of criminal law, they must be regarded as a system that is a holistic, relatively independent, component institution of criminal law. The author argues that this system in its type belongs to open systems, since even in the conditions of partial determination in the structure of the criminal law it is able to react to the external conditions through available points of contact. Given various challenges and threats to the military law and order at the beginning, this system, having transformed them, allows in the end to provide prevention of military crime and criminal law protection of the military law and order. It is stated that this system is based on a variety of external and internal relations between its elements and larger formations. Among such connections the author enumerates genetic relations (spawn relations), coordination, subordination and structural intra-system connections that together support homeostasis of the systems of military-criminal norms, i.e. ensure its existence and functioning. The structure of this system depends on its subject and functional purpose, namely, providing criminal legal protection of military law and order in peacetime and wartime. The analysis of the integrative properties of this system, its typological characteristics and subject and functional purpose makes it possible to conclude that the system of military and criminal law rules constitute a sub-brunch of criminal law.

scholarly journals HISTORY OF ESTABLISHMENT AND DEVELOPMENT OF UKRAINIAN LEGISLATION ON CRIMINAL LIABILITY FOR INTENTIONAL DESTRUCTION OR DAMAGE OF HOUSING-RESIDENTIAL HOUSING

2020 ◽  
pp. 61-70
Author(s):  
Н. О. Сербіна
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
Residential Housing ◽  
Stage Of Development ◽  
Communal Property ◽  
History Of ◽  
Characteristic Features ◽  
Criminal Legislation

The relevance of the article is that the history of the development of legal protection of housing and communal services cannot be separated from the history of legal protection of the institution of communal property in Ukraine as a whole. However, it still remains insufficiently studied. In the scientific literature there are only a few mentions of legal protection or property in general, which after 1990 was legally called communal and in the most characteristic features resembles this form of ownership, is its historical predecessor. Analysis of the most important sources of criminal law in Ukraine, which existed at one or another historical stage of its development, shows that at all times the state has consistently paid attention to the protection of communal property. The level of protection of these relations could be different, depending on the socio-economic, political and other conditions of society, but in this case the task of protecting communal property was performed by criminal law. Ensuring the inviolability of housing and communal services was carried out by criminal law, primarily by establishing liability for various encroachments on them as part of the institution of communal property. It was found that the criminal legislation of the second half of the XIX - early XX centuries. had a systematized nature, formed a system of rules on crimes related to the destruction and damage of housing and communal services, which has an extensive nature. The encroachment was differentiated according to the object, the features of the object and a number of other circumstances. It is determined that the current stage of development of criminal liability for destruction or damage to housing and communal services is associated with the adoption in 2001 of the new Criminal Code of Ukraine. It is concluded that initially the intentional destruction or damage of housing and communal services was treated in criminal law as a component of intentional destruction or damage to property, but later this phenomenon evolved into a separate crime. There is also an increase in the content of criminally punishable methods of intentional destruction or damage to housing and communal services.

Towards Coherent European Crime Victims Policies and Practices

2019 ◽  
Vol 25 (2) ◽  
pp. 122-127
Author(s):  
Dobrinka Chankova ◽  
Gergana Georgieva
Keyword(s):  
Domestic Violence ◽  
Crime Victims ◽  
Political Factors ◽  
Victims Of Crime ◽  
Victim Protection ◽  
National Governments ◽  
Protection Order ◽  
Practical Recommendations ◽  
Policies And Practices

Abstract This study explores the latest developments on the European scale of the policies and practices towards victims of crime. Due to many economic and political factors a lot of people are in movement and exposed to the risk of becoming victims of crime. During the last decade the statistics already records enhanced victimization of the global European society. These have provoked numerous legislative actions and practical initiatives in order to ensure safety, to prevent falling victims to crime and to protect better victim’s rights and needs. The European Protection Order Directive, Victims’ Directive and Convention against domestic violence, are among the most advanced legal acts worldwide. However, it is observed that their implementation in Europe is asymmetric and sometimes problematic. This paper explores the role of the national governments and specialized agencies and mainly the deficits in their activities leading to the non-usage of victims of all the existing opportunities. The newest supra-national acts aiming at the acceleration of transposition and ratification of these important for the building of victim-friendly environment documents, are discussed. Practical recommendations for a more effective victim protection are developed.

Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice

2003 ◽  
Vol 36 (1) ◽  
pp. 60-76 ◽  
Author(s):  
Kate Warner ◽  
Jenny Gawlik
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Public Support ◽  
Crime Victims ◽  
Property Damage ◽  
Victims Of Crime ◽  
To Receive ◽  
Legislative Measures

Increased recognition of the need for victims of crime to be integrated into the criminal justice system and to receive adequate reparation has led, in a number of jurisdictions, to legislative measures to encourage the greater use of compensation orders. The Sentencing Act 1997 (Tas) (which came into force on 1 August 1998) went further and made compensation orders compulsory for property damage or loss resulting from certain crimes. This article shows that this measure has failed victims and argues that they have been used in the service of other ends. Mandatory compensation orders are a token gesture repackaged as restorative justice to gain public support for the administration of the criminal justice system.Ways in which compensation orders could be made more effective and the possibilities of accommodating restorative compensation into a conventional criminal justice system are explored.

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