scholarly journals Psychological features of falsehood as a method of coercion of testifying

2020 ◽  
Vol 6 (1) ◽  
pp. 128-136
Author(s):  
Evgeniya Chukanova ◽  
Tatyana Maltseva
Keyword(s):  
Freedom Of Expression ◽  
Criminal Code ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Cultural Traditions ◽  
Conscious Choice ◽  
Illegal Acts ◽  
The Will ◽  
Broad Interpretation ◽  
Psychological Features

Falsehood is recognized as an integral part of human communications, a unique phenomenon of social reality and socio-cultural traditions. The Criminal Code of the Russian Federation does not specify the concept of the sign “other illegal actions” as a way of committing coercion to testify, and this concept is not disclosed in criminal proceedings either. An overly broad interpretation of this feature found in scientific literature makes it difficult to correctly apply the norms of the Criminal Law. In this regard, the article examines the psychological signs of deception and the possibility of recognizing it as one of the methods of coercion to testify. Based on the psychological and legal analysis of the materials of the judicial and investigative practice, it was concluded that deception cannot be related to other illegal acts of forcing to give evidence, since this method of pressure from the interrogator always allows the interrogated to think over the proposals put forward and make a conscious choice, that is, when deceiving, there is no effect on the freedom of expression of the will of the defendant. In the event that information is received that the interrogators are receiving confessions using deception, the issue of bringing these persons to disciplinary responsibility should be resolved.

scholarly journals ILLEGAL AND UNCONTROLLED AMBER'S EXTRACTION AND MEASURES TO COMBAT IT

2020 ◽  
pp. 62-70
Author(s):  
O. Kuchynska ◽  
V. Nesterovskyi ◽  
O. Starenkyi ◽  
Y. Tsyganyuk
Keyword(s):  
Prevention And Control ◽  
Mineral Resources ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Procedural Code ◽  
And Control ◽  
Practical Recommendations

SignificantincreaseinthedemandforamberintheworldgaverisetoamultitudeofcomplexproblemsinUkraine, related not only togeology and mineral resources use, but also economy, legislation and other aspects of life.The prevention and control of crimes related to illegal amber's extraction are provided through various activities and methods. One of them is the implementation of the laws of Art. 240 of the Criminal Code of Ukraine through criminal prosecution. It is implemented by applying rules of criminal procedural law: individuals' actions qualification during adding data to the Unified Register of pre-trial investigations, enforcement of criminal proceedings, evidence providing in cases involving illegal amber's extraction, etc. Thus, as a consequence, there is a necessity to conduct theoretical and legal analysis, to develop practical recommendations to ensure the effective application of combatting measures against illegal amber's extraction during the implementation of evidence in criminal proceedings. In particular, the authors emphasize among these measures specific unspoken investigative actions, as they can provide appropriate, valid and credible evidence against illegal extraction of amber; individuals' actions qualification with the availability of actual grounds, which indicate commiting of moderate gravity crime, provided for by part 2, part 3 of Article 240 of the Criminal Code of Ukraine and Part 4 of Article 240 of the Criminal Code of Ukraine is defined as unjustified. In order to avoid issues mentioned above, it has been proposed to assume the possibility of conducting unspoken investigative activities in the current Criminal Procedural Code of Ukraine not only in relation to grave crimes or felonies, but also in relation to crimes of moderate gravity.

scholarly journals Problems of Protecting the Rights of a Private Prosecutor in Defamation Cases

2019 ◽  
Vol 13 (4) ◽  
pp. 651-660
Author(s):  
Natalya Artebyakina ◽  
Tatyana Makarova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Local Governance ◽  
Criminal Code ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
False Information ◽  
Justices Of The Peace ◽  
The Russian Federation

The growing complexity of public relations creates a need for the criminalization of some acts and de-criminalization of others. Defamation is one of the offenses affected by this trend. Some time after its de-criminalization, the crime of defamation was brought back to the Criminal Code of the Russian Federation. However, there is no actual legal mechanism in Russia that victims of defamation could use to fully protect their rights. The authors point out a trend for acquittals in criminal proceedings initiated after the complaints of private prosecutors when they concern deliberately false information that besmirches the honor and dignity of other people and harms their reputation, when these complaints are filed with the governmental, including the law enforcement, authorities. They present their research of court statistical data regarding cases heard by Justices of the Peace under Part 1, Art. 128.1 of the Criminal Code of the Russian Federation between 2014 and the first half of 2018. The authors have analyzed the practices of Justices of the Peace in Ulyanovsk Region on criminal cases initiated under Part 1, Art. 128.1 of the Criminal Code of the Russian Federation. They use the examples of specific criminal cases to prove that judges use clauses of Art. 33 of the Constitution of the Russian Federation and Art. 6 of the Federal Law «On the Procedure of Handling Applications of Citizens of the Russian Federation» when deciding cases based on Part 1, Art. 128.1 of the Criminal Code of the Russian Federation and protect the right of citizens to appeal to the governmental (including law enforcement) authorities; they point out that an appeal to governmental or local governance cannot be viewed as spreading deliberately false information. In this case, private prosecutors have no opportunity to protect their rights even if it is proven that the information is deliberately false, and they also have to bear additional expenses connected with the recovery of procedural costs. Besides, the research includes a comparative legal analysis of legislation on defamation in a number of foreign countries (the USA, China, the UAE and others) as well as the historical-legal analysis of the development of Russian legislation on liability for defamation.

scholarly journals Crimes against personal dignity and morals serving as a permissible ground for an induced abortion

1997 ◽  
Vol 69 (9) ◽  
pp. 107-112
Author(s):  
Olga Cvejić-Jančić
Keyword(s):  
Unwanted Pregnancy ◽  
Extended Period ◽  
Criminal Code ◽  
Ethics Committee ◽  
Induced Abortion ◽  
Criminal Court ◽  
Criminal Proceedings ◽  
Personal Dignity ◽  
Induced Abortions ◽  
Broad Interpretation

The issue of determining certain crimes against personal dignity and morals seen as permissible grounds for an induced abortion under the 1995 Law of Serbia on the procedures for inducing an abortion, has been treated in this article. The author points out that this Law differentiates between two groups of legally induced abortions. The first is the so-called freely induced abortion (when the fetus is less than ten weeks old). In such cases, it is enough for a pregnant woman to make a request for an abortion. In the second group (when the pregnancy is longer than ten weeks), an authorization of a doctor's or of an ethics committee, depending on the length of pregnancy, is required for a legally induced abortion. The authorization for an induced abortion may be given only on grounds provided by law. One of them is a case when the unwanted pregnancy is a result o f a crime against personal dignity and morals. The author points out to several problems arising in that respect. In particular, if the criminal proceedings last for an extended period of time, the request for abortion may become futile. This is the case, because the doctor's or the ethics committee may authorize an abortion only pursuant to a judgment of the criminal court. Only the court has jurisdiction to decide whether the crime was actually committed. Without the judgment of the criminal court, there is no crime, and thus, there is no permissible ground for a legal abortion. The second problem that arises out of this rule is the omitting of the crime of forceful inducement of a sexual intercourse provided in the Criminal Code, Article 104, from the list of permissible grounds of abortion, in spite o f the fact that this crime may also result in unwanted pregnancy. The author holds the view that the list of the so-called "sexual" crimes given in the Law (article 6 paragraph 2, item 3) should have been only exemplary and not inclusive. She sees the best solution to this problem in the broad interpretation of the cited provision. Moreover, the author proposes that the limits of the so-called freely induced abortion should be extended to twelve weeks of fetal maturity. Such rule exists in the laws of many European countries. The reason for this is that the period of ten weeks is very short, and often insufficient for the pregnancy to be even diagnosed, let alone decided by the woman to be terminated by abortion.

Umorzenie postępowania karnego na podstawie art. 59a k.k. – wybrane zagadnienia

2016 ◽  
Vol 14 (1) ◽  
pp. 91-108
Author(s):  
Jarosław Marciniak
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Criminal Proceedings

Discontinuation of proceedings under Article 59a of the Criminal Code is a new institution in Polish criminal law. This article discusses selected issues relating to the premises for the application of Article 59a of the Criminal Code in practice. In view of the use by the legislator in Article 59a of the Criminal Code of concepts with vague meanings, their possible interpretations were proposed. It has been suggested that a rephrasing of the provision in question should be considered, in order to ensure the possibility of applying the said institution to a wider range of misdemeanours, as compensatory discontinuation is intended by the legislator to fulfil the redress function of proceedings and ensure the effectiveness and speed of criminal proceedings

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

scholarly journals Content Moderation Technologies: Applying Human Rights Standards to Protect Freedom of Expression

2020 ◽  
Vol 20 (4) ◽  
pp. 607-640
Author(s):  
Thiago Dias Oliva
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Access To Information ◽  
Legal Analysis ◽  
Human Rights Law ◽  
Legal Perspective ◽  
Current Content ◽  
Human Rights Standards

Abstract With the increase in online content circulation new challenges have arisen: the dissemination of defamatory content, non-consensual intimate images, hate speech, fake news, the increase of copyright violations, among others. Due to the huge amount of work required in moderating content, internet platforms are developing artificial intelligence to automate decision-making content removal. This article discusses the reported performance of current content moderation technologies from a legal perspective, addressing the following question: what risks do these technologies pose to freedom of expression, access to information and diversity in the digital environment? The legal analysis developed by the article focuses on international human rights law standards. Despite recent improvements, content moderation technologies still fail to understand context, thereby posing risks to users’ free speech, access to information and equality. Consequently, it is concluded, these technologies should not be the sole basis for reaching decisions that directly affect user expression.

What of the Child? Preventing the Publication of Children's Names After the Age of 18

2021 ◽  
Vol 24 ◽  
pp. 1-31
Author(s):  
Sophy Baird
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Freedom Of Expression ◽  
Best Interests ◽  
Child Victims ◽  
Criminal Proceedings ◽  
The Right To Privacy ◽  
The Face ◽  
The Right

Children are afforded a number of protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position children occupy in society. When children form part of the criminal justice system, either by being an offender, victim, or witness, they may be subjected to harm. To mitigate against the potential harm that may be caused, our law provides that criminal proceedings involving children should not be open to the public, subject to the discretion of the court. This protection naturally seems at odds with the principle of open justice. However, the courts have reconciled the limitation with the legal purpose it serves. For all the protection and the lengths that the law goes to protect the identity of children in this regard, it appears there is an unofficial timer dictating when this protection should end. The media have been at the forefront of this conundrum to the extent that they believe that once a child (offender, victim, or witness) turns 18 years old, they are free to reveal the child's identity. This belief, grounded in the right to freedom of expression and the principle of open justice, is at odds with the principle of child's best interests, right to dignity and the right to privacy. It also stares incredulously in the face of the aims of the Child Justice Act and the principles of restorative justice. Measured against the detrimental psychological effects experienced by child victims, witnesses, and offenders, this article aims to critically analyse the legal and practical implications of revealing the identity of child victims, witnesses, and offenders after they turn 18 years old.

The main types of penalties related to deprivation of liberty and their content under the Qatari Criminal Code (comparative legal analysis with certain norms of Russian legislation)

2020 ◽  
pp. 100-104
Author(s):  
Андрей Петрович Скиба ◽  
Андрей Владимирович Ковш ◽  
Александра Николаевна Мяханова
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Analysis ◽  
Life Imprisonment

В статье проводится сравнительно-правовой анализ ряда норм катарского уголовного законодательства, а также российского уголовного и уголовно-исполнительного законодательства. Рассматриваются виды наказаний, связанных с лишением свободы, и их содержание по Уголовному кодексу Катара. Дополнительно обращается внимание на систему и содержание отдельных наказаний (в виде смертной казни, пожизненного лишения свободы и лишения свободы на определенный срок). Формулируется авторская редакция статей 57-62 Уголовного кодекса Катара, касающихся системы основных видов наказаний и их содержания. The article provides a comparative legal analysis of a number of norms of Qatari criminal law, as well as Russian criminal and penal enforcement legislation. The types of punishments related to deprivation of liberty and their content under the Qatari Criminal code are considered. In addition, attention is drawn to the system of punishments, the content of individual punishments (in the form of the death penalty, life imprisonment and imprisonment for a certain period). The author's version of articles 57-62 of the Criminal Code of Qatar concerning the system of main types of punishments and their content is formulated.

Dictatorship, Monarchy, and Freedom of Expression in Thailand

2018 ◽  
Vol 77 (4) ◽  
pp. 935-943 ◽  
Author(s):  
Tyrell Haberkorn
Keyword(s):  
Freedom Of Expression ◽  
Criminal Code ◽  
Khon Kaen ◽  
Law Student ◽  
Military Rank ◽  
Northeastern Thailand

On December 4, 2016, Jatupat Boonpattararaksa, known by his nickname “Pai,” then a law student at Khon Kaen University in northeastern Thailand, was arrested and accused of violating Article 112 of the Thai Criminal Code, or defaming, insulting, or threatening the king, queen, heir-apparent, or regent. Two days prior, he had shared to Facebook a biography of the new king, Maha Vajiralongkorn, or Rama X, who became king following the death of his father, Bhumipol Adulyadej, Rama IX, on October 13, 2016. The BBC Thai biography was candid and highlighted Vajiralongkorn's string of wives, his four abandoned sons, and his conferral of a military rank on his pet dog, as well as his recent bike rides for charity (BBC Thai 2016). Over 2,600 people shared the BBC Thai link, but Pai was the only person to be arrested in December 2016 and the only person to be prosecuted to date (TLHR 2017a). The complaint that led to Pai's arrest was filed by Lieutenant Colonel Phitakphon Chusri, a Khon Kaen–based soldier who has followed him closely.

scholarly journals QUALIFICATION OF CRIMES AGAINST LIFE: COMPARATIVE LEGAL ANALYSIS

2021 ◽  
Vol 1 (1) ◽  
pp. 61-67
Author(s):  
Olha Peresada ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Code ◽  
Legal Analysis ◽  
Right To Life ◽  
Special Part ◽  
Criminal Protection ◽  
The Moment ◽  
The Right

The article considers topical issues of definition and qualification of crimes against human life in Ukraine and abroad. It is proved that the problematic issue of criminal law protection of human life is a significant differentiation of approaches to determining the moment of its onset, which reflects the medical and social criteria for the formation of an individual who has the right to life. It is shown that Ukrainian criminal law gives a person the right to life from birth, while the correct approach is to recognize the beginning of human life and appropriate criminal protection from the moment of onset 10 days after conception, which is consistent with European experience (in particular, France) and sufficiently reflects the medical features of the period of formation of a full-fledged embryo. The article also addresses the issue of the fact that Section II of the Special Part of the Criminal Code of Ukraine combines encroachment on two different generic objects - public relations for the protection of life and public relations for the protection of personal health. This provision of the criminal law of Ukraine does not correspond to the international practice on this issue. In addition, it is reasonable to believe that the two relevant categories of the object of criminal encroachment cannot be considered similar, as such an approach in certain cases can significantly complicate the classification of a criminal offense. It is emphasized that, given the exceptional importance of criminal law protection of human life, it is necessary to formulate a separate section of the Special Part of the Criminal Code of Ukraine, which covers only crimes against life as the main object of criminal encroachment.

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