Study of the psychological characteristics of the personality of an individual criminally liable for cruelty to animals (article 245 of the criminal code)

2019 ◽  
Vol 4 (2) ◽  
pp. 48-63
Author(s):  
Николай Горач ◽  
Nikolay Gorach ◽  
Евгения Самолаева ◽  
Evgeniya Samolaeva
Keyword(s):  
Criminal Liability ◽  
Objective Assessment ◽  
Criminal Code ◽  
Psychological Characteristics ◽  
Criminal Cases ◽  
Psychological Knowledge ◽  
The Individual ◽  
Procedural Decisions ◽  
Cruelty To Animals ◽  
The Impact

The article deals with the issues related to the study of psychological characteristics of the personality of an individual held criminally liable for cruelty to animals. The data collected by the investigator (inquirer) on the identity of the suspect (accused) are often formal and do not allow an objective assessment of the nature and characteristics of the personality of the individual held liable. The author pays attention to the place of this information in the system of evidence, as well as the impact of data on the identity of the suspect or accused on the adoption of procedural decisions. The article presents the substantiation of the need to study the identity of the person involved in cruelty to animals, on the example of the choice of tactics of investigative actions, the application of rules on exemption from criminal liability in connection with active repentance (Art. 75 of the criminal code), etc. The need for more active use of psychological knowledge in the production of investigative actions and investigation in General. According to the author, the participation of a specialist psychologist in the investigation of criminal cases is evaluated and considered by scientists and practitioners mainly in connection with the production of investigative actions involving minors. At the same time, his participation significantly contributes to the expansion of opportunities for proving circumstances in a criminal case.

Artificial intelligence and human rights: a comprehensive study from Indian legal and policy perspective

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sheshadri Chatterjee ◽  
Sreenivasulu N.S.
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Criminal Liability ◽  
Content Type ◽  
Legal Perspective ◽  
The Government ◽  
The Individual ◽  
The Impact ◽  
Rights Issues ◽  
Comprehensive Study

Purpose The purpose of this study is to investigate the impact of artificial intelligence (AI) on the human rights issue. This study has also examined issues with AI for business and its civil and criminal liability. This study has provided inputs to the policymakers and government authorities to overcome different challenges. Design/methodology/approach This study has analysed different international and Indian laws on human rights issues and the impacts of these laws to protect the human rights of the individual, which could be under threat due to the advancement of AI technology. This study has used descriptive doctrinal legal research methods to examine and understand the insights of existing laws and regulations in India to protect human rights and how these laws could be further developed to protect human rights under the Indian jurisprudence, which is under threat due to rapid advancement of AI-related technology. Findings The study provides a comprehensive insight on the influence of AI on human rights issues and the existing laws in India. The study also shows different policy initiatives by the Government of India to regulate AI. Research limitations/implications The study highlights some of the key policy recommendations helpful to regulate AI. Moreover, this study provides inputs to the regulatory authorities and legal fraternity to draft a much-needed comprehensive policy to regulate AI in the context of the protection of human rights of the citizens. Originality/value AI is constantly posing entangled challenges to human rights. There is no comprehensive study, which investigated the emergence of AI and its influence on human rights issues, especially from the Indian legal perspective. So there is a research gap. This study provides a unique insight of the emergence of AI applications and its influence on human rights issues and provides inputs to the policymaker to help them to draft an effective regulation on AI to protect the human rights of Indian citizens. Thus, this study is considered a unique study that adds value towards the overall literature.

scholarly journals THE CONCEPT OF PENAL MEDIATION FOR DEFAMATION DELICT IN THE INDONESIA ITE LAW AS A MANIFESTATION OF RESTORATIVE JUSTICE

2020 ◽  
Vol 9 (3) ◽  
pp. 363
Author(s):  
Yaris Adhial Fajrin ◽  
Ach. Faisol Triwijaya
Keyword(s):  
Rule Of Law ◽  
Alternative Dispute Resolution ◽  
Research Result ◽  
Self Esteem ◽  
Criminal Code ◽  
Criminal Cases ◽  
The Rule Of Law ◽  
Criminal Sanctions ◽  
The Right ◽  
The Impact

<em>The paper aimed to analyze the position of defamation as a complaint delict in the ITE Law and  the chances of applying penal mediation in the settlement of criminal defamation charges in the ITE Law. This research uses a normative legal research with qualitative analysis</em><em> techniques. The research result shows that defamation in the field of ITE is a complaint delict that the settlement of the case can be done through the Alternative Dispute Resolution (ADR) outside the court through penal mediation mechanism. The settlement of criminal cases through penal mediation has been in line with the direction of the renewal of Indonesian criminal law which is moving towards improving the impact of a criminal act as part of the purpose of criminalization. Penal mediation that promotes the values of consensus deliberation is also in line with the basic values of Pancasila, to encourage peace between the conflicting parties and improve the reputation, self-esteem, and dignity of victims damaged by defamation committed by the perpetrators. The advantages of penal mediation have not been followed by the rule of law of the event that regulates specifically the procedure of penal mediation so that not a few cases of defamation are ultimately decided by criminal sanctions to the perpetrators. Therefore, the mechanism of penal mediation needs to be regulated in the Indonesian Criminal Code in the future, to provide guarantees of a fair and beneficial criminal settlement for all parties, as well as a guarantee of the right to free responsible speech.</em>

scholarly journals Psychological features of the formation of jury prejudice against the defendant

2021 ◽  
Vol 2021 (2) ◽  
pp. 214-221
Author(s):  
Diana Beloded ◽  
Ilya Minenko
Keyword(s):  
Interpersonal Relationships ◽  
Evaluation Criteria ◽  
Personal Characteristics ◽  
Professional Activity ◽  
Specific Situation ◽  
Criminal Cases ◽  
Psychological Techniques ◽  
Psychological Pressure ◽  
Psychological Knowledge ◽  
The Individual

This article provides a theoretical analysis of the conditions and specifics of the consideration of criminal cases with the participation of jury. The aspect of the provision of psychological influence by the participants in the trial on the jury by means of a system of psychological techniques that form the prejudice of the jury against the defendant is disclosed. Currently, the selection of candidates for jurors does not include psychological evaluation criteria. But, in order to avoid making erroneous decisions by the jury, they need to be prepared to confrontation psychological pressure from opposite sides, to teach them the ability to resist manipulation. During the trial the defense and prosecution parties try to form the attitude of the jury towards the defendant, which corresponds to their position. The methods of forming the convictions of jurors correspond to the modern direction of applied psychology. The degree of awareness of the jury about the evidence examined and the rules for its assessment is a cognitive condition for overcoming the formation of the necessary conviction in the jury, because the defendant and the prosecutor and defense parties of the trial use manipulative techniques as methods of influence, mechanisms of covert control: deception, intimidation, etc. It is advisable, prior to participating in a trial, to give the jury the foundations of the psychological knowledge they need. At the same time, it is hardly realistic, in the existing normative conditions, to form their knowledge of the general laws of the functioning of mental processes, the characteristics of the individual’s activity and his personal characteristics that determine the productivity of the implementation of mental cognitive processes in the framework of a specific situation that has legal significance. But you can pay special attention to the emotional stability of the individual, aggressiveness, introversion, rigidity in the spheres of interpersonal relationships and the resolution of difficult situations of professional activity.

scholarly journals The warning mechanism in the prism of responsibility under Art. 384 of the Criminal code of Ukraine (misleading of court or other authorized authority)

2020 ◽  
pp. 368-372
Author(s):  
Yuriy Glomb
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Internal Factors ◽  
The Public ◽  
Single Complex ◽  
The Will ◽  
Ethical Norms ◽  
The Individual ◽  
Modal Values ◽  
Judicial Actions

The article presents a warning mechanism aimed at overcoming the provision of perjury. The model of warnings has the form ofa single complex, the elements of which are counteraction to misleading the court or other authority. In the prism of liability under Ar -tic le 384 of the Criminal Code of Ukraine, the warning mechanism is one of the types of special warning of a specific person potentiallycapable of committing an offense. The legislator distinguishes six categories of persons whom he warns of criminal liability for misleadinga court or other authority, namely: witness, victim, expert, translator, appraiser, specialist. The strategy of reducing the crimi -nogenic potential of a person who gives evidence or testimony, conclusion or assessment, or translates should be implemented primarilythrough preventive measures.The addressee of an individual warning, which can be considered as one of the types of special warning, is a specific person (person),potentially capable of committing an offense due to external (materially encouraging circumstances, pressure from the public orparty) and internal factors, personal moral and ethical norms, customs, traditions, beliefs, personal friendship or revenge, indifference,retribution and other motives). Warning encourages the individual to take more seriously, attentively and responsibly to provide anytestimony, information, conclusion, translation; not to be indifferent to investigative or judicial actions, summonses to court, trial.In warning or imperative statements with indicative forms, the will is always expressed in relation to future action, which is clearlyperceived as an order. The strength of the influence of the volitional impulse depends on the person who perceives it. In the processof communication, the forms of the order are addressed to a person who depends on the legislator, respectively, and the nuances of theorder acquire modal values of categoricalness.The specificity of modern law is - imperative (categorical, authoritative). It is the form of imperative that does not allow changesin the previously established requirements to act accordingly. Imperative norms of law: 1) prescribe clearly defined actions; 2) establishan unambiguous exhaustive list and content of the rights and obligations of the subjects; 3) do not involve any deviations.

scholarly journals Relations of crimes of different gravity degree in the Criminal code of Ukraine

2020 ◽  
Vol 1 (1) ◽  
pp. 153-157
Author(s):  
Oleksandra Skok ◽  
Inna Shylo
Keyword(s):  
Economic Activity ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offenses ◽  
Special Part ◽  
The Law ◽  
The Impact

The article deals with the classification of criminal offenses in the current Criminal Code of Ukraine. All the crimes, the responsibility for which are established in the Special part of the Criminal Code of Ukraine, are analyzed and on the basis of this detailed description of crimes of small gravity, crimes of moderate gravity, serious and especially serious crimes is carried out. According to Art. 12 of the Criminal Code of Ukraine, depending on the severity of the crimes are divided into crimes of small severity, moderate, serious and especially serious. The legislative classification of crimes was made taking into account the type of punishment (fine and imprisonment), as well as the amount of punishment. This is the norm of the current Criminal Code acquired in accordance with the Law «On Amendments to Certain Legislative Acts of Ukraine on the Humanization of Liability for Offenses in the Field of Economic Activity» of November 15, 2011 No. 4025-VI. The percentage of different categories of crimes has been analyzed and the impact of the severity of crimes on some criminal liability issues has been determined. A study of the ratio of minor crimes to other categories of crimes showed that minor crimes constitute a fairly significant category of crimes, compared to others, namely 24.9%. In the Special Part of the Criminal Code, there is a «sharp jump» from the category of minor crimes to the category of especially serious crimes, which is connected with the occurrence of especially grave consequences in the qualified criminal offenses.

scholarly journals Protecting the life and health of students from the negative impact of digital technologies

2021 ◽  
Vol 273 ◽  
pp. 10016
Author(s):  
Elena Millerova ◽  
Igor Napkhanenko ◽  
Alexander Fedorov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Negative Impact ◽  
Criminal Liability ◽  
Criminal Code ◽  
Practical Aspect ◽  
The Internet ◽  
The Russian Federation ◽  
Types Of Information ◽  
The Impact

This article is devoted to the study of the negative aspects of the impact of the Internet on the life and health of persons who have not reached the age of majority in Russia (that is, the age of 18), as well as the criminal law and forensic possibilities of countering this. In the article, the authors goes by the types of information that are legally prohibited for distribution among minors in the Russian Federation. Having analyzed the types of this prohibited information, the authors identified exactly those types that can threaten the life and health of children. The article examines the problematic aspects of familiarizing minors with such information on the Internet, analyzes the norms of the Criminal Code of the Russian Federation, which provide for criminal liability for the distribution of this information on the Internet. The practical aspect of this study is expressed in the analysis of the issues of qualification of such crimes, their differentiation with similar elements of administrative offenses. As a result of the analysis of these criminal law norms, the authors have identified a number of gaps that need to be filled. In this regard, in order to increase the effectiveness of the criminal law struggle against the negative impact of the Internet on the life and health of minors, some amendments to the articles of the Criminal Code of the Russian Federation are proposed. The article also analyzes the forensic aspects applicable to this topic, namely, it examines some features and problems of identifying, disclosing and investigating crimes committed against minors with the use of the Internet. The author's conclusions and suggestions on this matter are expressed.

Compulsory Educational Measures

2021 ◽  
pp. 71-85
Author(s):  
Pudovochkin Yu. E. ◽  
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Criminal Cases ◽  
Documentary Analysis ◽  
Application Procedure ◽  
The Law ◽  
Definition Of

Problem Statement. Improvement of juvenile justice presupposes active and priority application of alternative measures to criminal punishment. Such, according to the Criminal Code of Russia, are compulsory educational measures, which are imposed in the order of exemption from criminal liability or from criminal punishment. Their proper application implies a clear definition of the content of educational measures, clarification of the order of their appointment and execution. Nevertheless, these matters are not fully regulated in the law, which poses a inconsistent practice of their application and ultimately reduces the effectiveness of juvenile justice. In this regard, the task of concretizing the content of compulsory educational measures is seen as urgent. Goals and Objectives of the Study. Specification of the normative prescriptions that define the content of compulsory educational measures and the determination on this basis of the main directions for improving the application practice of the provisions of Art. 90 and Art. 92 of the Criminal Code of the Russian Federation. Methods. Formal-logical analysis of the legal acts that determine the content, application procedure and execution of educational measures; study and critical assessment of literature on the research topic; statistical analysis of judicial practice; documentary analysis of court files in criminal cases. Results, Summary Conclusions. The list of compulsory educational measures established by the law is adequate to the tasks of correcting juvenile offenders and preventing crimes on their part. However, improving the quality of justice in criminal cases involves: disclosure of the content of such a measure of influence as a warning in the text of a judicial act; unification of ideas about the state body, under the supervision of which minors can be transferred and the recognition as such of the territorial commission on minors; the definition of such a measure as the imposition of the obligation to make amends for the harm caused analogously to other situations of exemption from liability and the use of this measure as a backup; normative establishment of the terms for the application of such measures of influence as warning and imposition of the obligation to make amends for the harm caused; further study of regional differences in the enforcement of compulsory educational measures.

LEGAL CONTENT OF CATEGORY“PREPARATION FOR PERFORMANCE OF AN INTENTIONAL CRIME”

2020 ◽  
pp. 39-45
Author(s):  
V. F. Lapshin ◽  
E. H. Nadiseva
Keyword(s):  
Criminal Law ◽  
Scientific Literature ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Special Part ◽  
Criminal Legislation ◽  
Principle Of Legality

The implementation of criminal liability for an unfinished crime, interrupted at the stage of preparation, is not consistent with the basic criminal law requirements, since the act committed at the stage of preparation, clearly does not contain any signs of a crime or its composition. At the same time, the imposition of punishment is carried out in accordance with the sanction of the norms of the Special part of the criminal code, which indicates the existence of an act not actually committed by the convicted person. This allows us to raise questions about the legality and necessity of bringing a person to criminal responsibility for an act recognized as preparation for the Commission of an intentional crime. The analysis of provisions of the current criminal legislation, sources of scientific literature, and also materials of judicial practice on criminal cases about incrimination of preparatory actions, allowed to draw a conclusion according to which attraction of the person to responsibility for Commission of the act characterized as preparation for Commission of crime, contradicts the principle of legality and justice. In this regard, it is proposed to change the current criminal legislation, eliminating the rules on the preparation of the Institute of unfinished crime.

scholarly journals Imposing criminal liability on juveniles: problem issues and ways to address them

2021 ◽  
Vol 66 ◽  
pp. 206-210
Author(s):  
S. Kravchuk
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
International Standards ◽  
Rehabilitation Center ◽  
Important Type ◽  
Rights Protection ◽  
Legal Standards ◽  
The Individual ◽  
The Right ◽  
Made In

The article highlights the issues of how to impose criminal liability on juveniles. Based on the analysis of consistency between the effective Criminal Code of Ukraine and the international standards of juvenile rights protection, the author has outlined the ways of how to improve the existing legal standards of such imposing. More specifically, the grounds for punishment mitigation have been determined depending on the gravity of offence. The punishment should be consistent with the offence committed. And the best way to match the punishment and the offence is when the punishment derives from the offence itself, from its nature. A fine will be a good enough response, because it makes the committed offence kind of unprofitable for the convicted individual. One of the punishments that the Criminal Code of Ukraine anticipates for juveniles is a fine. However, Article 99 of the Criminal Code of Ukraine mentions no minimum fine amount allowed for juveniles. As these specific standards are absent, juveniles should be subject to the general standards available, i.e. the minimum fine amount is equal for both juveniles and adults. It would be reasonable to decrease the minimum fine amount for juveniles in the Criminal Code of Ukraine. The author believes that the only guarantee for this fine to be paid can be the standalone property owned by the convicted individual, which could be foreclosed. An important type of punishment for juveniles is correction works. However, no specific conditions of its imposing on juveniles exist. One of the major ways to influence the individual convicted to correction works is labor and disciplinary impact of the labor collective (employees), which is but unfeasible today. In fact, no legal pattern exists to ensure that the employees will fulfill their obligations to rehabilitate the convicted individuals. Yet another type of punishment that Article 98 of the Criminal Code of Ukraine anticipates for juveniles is arrest. That arrest is considered a milder type of punishment in the punishment list than restraint can be deemed a disadvantage of the Criminal Code of Ukraine, 2001. At the same time, it is proposed to impose the so-called “youth arrest” on the juveniles of fourteen and on older ones, i.e. the service of punishment on days-off or holidays. The analysis of the system of punishments imposed on juveniles for the committed offences, which has been made in this article, shows that this system not always makes it possible to select the punishment consistent with the action committed. That is why the author has proposed to add new types of punishment to the already existing statutory system of punishments, such as obligating a juvenile to recover the caused damage or to execute certain works in favor of the affected party to compensate it for the damage caused; depriving a juvenile of the right to be engaged in certain activities; sending a juvenile to a special custodial rehabilitation center.

scholarly journals Difficult way of the institution of criminal liability for attacks on the honor and dignity of the person, or problems of targeting

2021 ◽  
Vol 7 (2) ◽  
pp. 48-56
Author(s):  
T. V. Klenova
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Point Of View ◽  
Historical Method ◽  
Democratic State ◽  
The Individual ◽  
The Right ◽  
Criminal Legislation ◽  
The Impact

The article is devoted to the institution of criminal liability for attacks on the honor and dignity of the individual. The article, using the historical method, examines the stages of development of this institution and the features of protecting the honor and dignity of the individual from the point of view of the values of a modern democratic state. The author analyses the impact of explicit and implicit criminal policy objectives on the ways to protect the honor and dignity of the individual. Particular attention is paid to the criminalization and decriminalization of libel and slander. The research is aimed at identifying the problems of targeting in changes in the institution of criminal liability for attacks on honor and dignity, when the relevant criminal law norms are replaced by administrative law norms. The author seeks to depoliticize the protection of the personal right to honor and dignity on the basis of the principle of equality of citizens before the law. The current Russian criminal legislation is mainly aimed at protecting the honor and dignity of persons in connection with their social accessories. Within the protective concept of criminal law, the author of the article justifies the conclusion that the right of anyone who has suffered from slander or insult to achieve the truth and state censure of the perpetrator is guaranteed. Such a view will also be interesting to researchers of the criminal process.

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