Law Reports, Transcripts, and the Fabric of the Criminal Law—A Speculation

2004 ◽  
Vol 68 (3) ◽  
pp. 227-243
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Law ◽  
Full Range ◽  
Legal Problem ◽  
Legal Method ◽  
Similar Fact ◽  
Ready Access ◽  
Law Reports

Thanks to the advent of searchable, computerised archives of unreported (but fully referenced) appellate decisions, anyone researching a legal problem today has ready access to a vast mass of previously concealed authorities. This article speculates on one of the troubling possibilities this cornucopia brings with it: namely, that if one surveys the full range of materials now accessible, one may actually need to reconfigure what were previously assumed to be settled bodies of knowledge. Using the soon-to-be-defunct similar fact evidence principles as an illustration, this article is not so much intended offer a proof of the thesis, but to throw out a teasing question that, in truth, goes to the root of English legal method.

Law Reports, Transcripts, and the Fabric of the Criminal Law —A Speculation

1995 ◽  
Vol 68 (3) ◽  
pp. 227-243
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Law ◽  
Full Range ◽  
Legal Problem ◽  
Legal Method ◽  
Similar Fact ◽  
Ready Access ◽  
Law Reports

Thanks to the advent of searchable, computerised archives of unreported (but fully referenced) appellate decisions, anyone researching a legal problem today has ready access to a vast mass of previously concealed authorities. This article speculates on one of the troubling possibilities this cornucopia brings with it: namely, that if one surveys the full range of materials now accessible, one may actually need to reconfigure what were previously assumed to be settled bodies of knowledge. Using the soon-to-be-defunct similar fact evidence principles as an illustration, this article is not so much intended offer a proof of the thesis, but to throw out a teasing question that, in truth, goes to the root of English legal method.

Transnational Criminal Law: A Field in the Making

2021 ◽  
pp. 178-202
Author(s):  
Prabha Kotiswaran ◽  
Nicola Palmer
Keyword(s):  
Human Trafficking ◽  
Intellectual Property Rights ◽  
Money Laundering ◽  
Global Governance ◽  
Criminal Law ◽  
Legal Theory ◽  
Full Range ◽  
Current Phase ◽  
Global Banking ◽  
The Rich

Twenty years into the current phase of globalization, a new field of transnational criminal law is in the making, expanding to cover issues as diverse as money laundering, counterterrorism, global banking, human trafficking, infringements of intellectual property rights, and cybercrime. The chapter introduces the concept of transnational criminal law (TCL) and deliberates on the dilemmas of TCL as applied to empirical legal phenomena before suggesting a sociolegal approach to further develop the field of TCL. In particular, the chapter brings to bear on TCL the rich debates within global governance and transnational legal theory. The chapter does this by decentering formal state law and examining the full range of technologies of governance, that nonstate actors increasingly propose in order to address transnational social problems.

scholarly journals THE “CRIMINAL LAW OF VICTIM” AS A CRIMINAL LAW MODEL

2018 ◽  
Vol 2 (2) ◽  
pp. 14-19
Author(s):  
Irina Aleksandrovna Tretyak
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Criminal Liability ◽  
Theoretical Models ◽  
Legal Personality ◽  
Basic Model ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
The Impact

The subject. The article is devoted to analysis of the basic models of criminal law and the impact of victim’s legal status on the criminal legal theory.The purpose of the paper is to substantiate the existence and the importance of “criminal law of victim” as basic model of criminal legal theory.The methodological basis of the research includes general-scientific methods (analysis and synthesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal texts).Results and scope of application. The definition of the role of the victim, the importance of his legitimate interests in the implementation of criminal liability is complicated by the fact that the basic models of criminal law developed by science – “criminal law of the offender” and “criminal law of the crime” – do not consider the victim as a subject of criminal legal relations.The theoretical models of criminal law are embodied in the criminal law, specific legal rela-tions, law enforcement acts, etc., in connection with which there are specific indicators – the parameters by which it is possible to determine which model of criminal law is implemented.If the question of the criminal legal personality of the victim is controversial, in my opinion, there is no doubt that the victim is a party to the criminal law conflict, which often begins to unfold long before the crime.Conclusions. Recognizing the victim as a subject of criminal legal relations, as well as a par-ticipant in the criminal law conflict, it is possible to talk about the formation of a new model of criminal law – “the criminal law of victim”.

scholarly journals Formulation Policy Regarding the Smuggling of Lobster Seeds in Indonesia

Lentera Hukum ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 37
Author(s):  
Ayu Izza Elvany
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Problem ◽  
Legal Research ◽  
Conceptual Approach ◽  
Criminal Offense ◽  
Penal Policy ◽  
Illegal Fishing ◽  
Corporate Criminal Liability

This paper analyzes how formulation policy of lobster seeds smuggling regulated in Indonesian law to optimize the effectiveness of illegal fishing enforcement, considering penal policy is the basis of criminal law operationalization. This research uses both statute approach and conceptual approach as legal research methods to analyze the issued legal problem. Fishery law in Indonesia regulated in Law No. 45 of 2009 amending Law No. 31 of 2004 concerning Fishery, especially Articles 88 and 16 paragraph (1) which cover the formulation policy of lobster seeds smuggling enforcement. This study will be analyzed into three aspects which are the conduct (the criminal offense), criminal liability, and sentencing system. The result shows that law enforcement regarding the smuggling of lobster seeds in Indonesia is ineffective due to the nonexistence of corporate criminal liability in the fishery law and its sentencing system is lack of both the specific minimum penalty regulation and the penal measures as criminal punishment. However, the draft of the fishery law has already set corporate criminal liability; hence it also regulates the penal measures, in the form of secondary sanctions. Nevertheless, instead of enacting the specific minimum penalty, the draft only determined the maximum penalty as well. Keywords: Formulation Policy, Fishery Law, Lobster Seeds Smuggling.

The Subject of a Crime Under Part 1 of Art. 282 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 7 ◽  
pp. 87-92
Author(s):  
E. G. Bykova ◽  
◽  
A. A. Kazakov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Practical Significance ◽  
Constitutional Court ◽  
Scientific Publications ◽  
Legal Method ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Code

The change in the disposition of Part 1 of Art. 282 of the Criminal Code of the Russian Federation led to questions from law enforcement officers about from what moment a person is considered to be held administratively liable and what to mean by the commission of a similar act. The article carries out a systematic legal analysis of the provisions of the Criminal Code of the Russian Federation and the Administrative Code of the Russian Federation, as well as the position of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation in order to formulate proposals for solving the indicated problems. The fundamental method was dialectical. The formal legal method was used in the study of regulations governing certain aspects of the legal assessment of unlawful acts that take into account administrative precedence. Using a comparative legal method, a distinction was made between situations where a person was ordered to be held administratively liable and an administrative penalty was imposed. Scientific publications on the subject were analyzed. It was concluded that the current version of Part 1 of Art. 282 of the Criminal Code of the Russian Federation, containing a formally indefinite legal category, raises the problem of calculating the one-year period during which a person can be prosecuted under this norm if there is an administrative precedence. In addition, it is justified that a «similar act» should be understood only as an administrative offense, responsibility for which is provided for in Art. 20.3.1 Administrative Code of the Russian Federation. The use of criminal law by analogy is unacceptable, therefore, it is proposed to amend the disposition of Part 1 of Art. 282 of the Criminal Code to eliminate the identified gap. The problem identified could be the basis for further scientific research. The practical significance is due to the fact that the positions formulated by the authors can be taken into account in the process of improving criminal law, when amending the relevant explanations of the highest court in this category of cases in order to form a unified practice of applying criminal law.

scholarly journals “Foreign Terrorist Fighters”: A Human Rights Approach?

2018 ◽  
Vol 29 (1-4) ◽  
pp. 120-172
Author(s):  
Helen Duffy
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Full Range ◽  
Organised Crime ◽  
Humanitarian Law ◽  
Contributing Factors ◽  
Short And Long Term ◽  
The One ◽  
Long Term Impact

This article reflects on the proliferation of responses to the so-called phenomenon of “foreign terrorist fighters,” and the profound human rights challenges they give rise to. It considers national, regional and international developments, many spurred by an activist Security Council, through which expanded powers have been assumed and rights restricted by reference to the need to respond to ftf threats. A series of uncomfortable relationships emerge from this analysis. They include for example tensions: between the evolving and still relatively superficial understanding of the nature and source of uncertain threats and contributing factors on the one hand, and the onerous and far-reaching nature of responses directed against them on the other; between the expansive use of coercive measures including criminal law, and basic constraining principles of criminal law upon which its legitimacy and power depends, such as individual culpability, harm principle and remoteness; or between the original purposes of most ftf measures and their impact in practice, on the operation of humanitarian law, on humanitarian workers and human rights defenders, and on the rule of law. Exceptional ftf measures continue to spread their reach and creep into other areas of security and organised crime. The article highlights the need to consider the short and long term impact, on the full range of rights of many, of the array of administrative, criminal and other measures being passed into law and implemented in practice across the globe in the name of responding to the ill-defined phenomenon of “ftfs”.

scholarly journals Measures of criminal law regulation of environmental crimes in the Tyumen city

2020 ◽  
Vol 164 ◽  
pp. 11030
Author(s):  
Victoria Lez’er ◽  
Vyacheslav Sevalnev ◽  
Ekaterina Cherepanova ◽  
Valeriy Zhabskiy
Keyword(s):  
Statistical Method ◽  
Research Methods ◽  
Criminal Law ◽  
Legal Regulation ◽  
Official Statistics ◽  
Legal Method ◽  
The City ◽  
Method Analysis ◽  
Law Regulation ◽  
Environmental Crimes

The aim of the article is to analyze the measures of criminal-legal regulation of environmental crimes in Russia, using the example of the city of Tyumen, based on a study of official statistics, current criminal and other legislation, and general theoretical provisions. In the process of writing the article, following research methods were used: formally legal, historical and legal, comparative legal method, analysis, comparison, statistical method and others. The authors provide official statistics regarding the criminal situation in Tyumen in 2015-2019 on environmental crimes.

scholarly journals The Stage of Assessing the Validity of the Complaint (Presentation) in Continuous Cassation

2020 ◽  
pp. 66-70
Author(s):  
Mikhail S. Spiridonov ◽  
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Cases ◽  
Legal Method ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Legislative Changes ◽  
And Shifts

With the introduction of continuous cassation in criminal cases on 01 October 2019, the content of the verification of the validity of the cassation complaint and presentation has changed. The science of criminal procedure has been faced with a new problem: to assess the effectiveness of legal regulation, in which the validity of the cassation complaint or presentation is verified directly at the hearing, not at the preliminary stage. The object of this research is criminal procedural relations that develop in the implementation of the norms of criminal procedure law that regulate cassation proceedings in criminal procedure. The research focuses on the norms of the constitutional and criminal procedure law of the Russian Federation, domestic and foreign legislation, generally recognized principles and norms of international law governing cassation proceedings, provisions of the science of criminal law and criminal procedure. The aim of the research is to reveal the essence of the introduced legislative changes concerning the stage of verification of the validity of the cassation complaint or presentation, to develop proposals for improving the legislation. The methods of analysis, synthesis and comparison were applied to determine the procedure for the verification of the validity of the cassation complaint or presentation by the court of the cassation instance. The comparative legal method was employed to study foreign forms of cassation proceedings. The formal legal method was used to analyze the content of the texts of normative legal acts regulating cassation proceedings. The research resulted in the following conclusions. The lack of a stage for assessing the validity of the cassation complaint (presentation) and the grounds for its transfer to the cassation court excessively strengthens the revision principle and shifts the balance towards the task of identifying and eliminating violations of the requirements for the final court decision. The solution to this problem is possible through the introduction of written cassation proceedings carried out by a panel of three judges, which will consider the issue of admissibility and validity of the complaint (presentation).

Sign in / Sign up

Export Citation Format

Share Document