Legal Analysis of Attempt on the Life of Internal Affairs Officer as the Body of Criminal Offence

2020 ◽  
Vol 9 (3) ◽  
pp. 870
Author(s):  
Chingiz A. ISSABAYEV ◽  
Aidos A. YESKENDIROV ◽  
Zhanna B. SHAYAKHMETOVA ◽  
Bakhytbek A. BEGALIYEV ◽  
Zhanargul A. KHAMMETOVA
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
The Body ◽  
Normal Operation ◽  
Legal Analysis ◽  
Public Authorities ◽  
Internal Affairs ◽  
The Government

Disorganized crime impact on the society is provided by criminal pressure on law enforcement officials – from engagement in criminal networks, bribery, blackmail to their liquidation. Social danger of the offences studied is that it threatens the life of internal affairs officer to prevent him from professional duties for the law enforcement, intentionally destabilizes normal operation of public authorities, and undermines their authority in the public’s mind. The purpose of the article was to analyze the types and motives of attempts on an employee of internal affairs bodies from a legal point of view. To achieve the purpose, the opinions of other researchers who studied this problem were examined, as well as legal documents regulating crimes committed against employees of internal affairs bodies. It was noted inconsistencies in the evaluation of sanction measures against perpetrators responsible for offences provided for by p. 2, part 2, article 99 and part 1, article 380-1 of the Criminal Code of Kazakhstan. It was concluded that the strengthening of criminal liability will significantly affect the status of crime situation, enhance the government authority and strengthen overall prevention in the country.  

Crime prevention through criminal liability of legal entities: problems of theory and law enforcement practice

2020 ◽  
pp. 216-224
Author(s):  
Mikhail Dvoretskiy
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
International Organizations ◽  
Criminal Liability ◽  
Criminal Code ◽  
Public Authorities ◽  
Foreign Companies ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Legal Entities

We investigate the possibility of introducing criminal liability of legal entities in the Criminal Code of the Russian Federation. We analyze the provisions of regulatory enactment providing for this substantial reform. We consider initiatives and projects proposed by public authorities to amend and supplement domestic legislation. We examine the positions of reputable ex-perts, famous scientists and high-demand practitioners, who express opposite opinions on the initiated correlations and participating in the discussion. We analyze the provisions of the conventions of international organizations pro-viding for the introduction of criminal liability of legal entities in the legisla-tion of member states, due to involvement in corruption crimes, if bribery of foreign officials and corporate corruption were used. The work discusses the provisions of the bill of 2015 finalized by the Investigative Committee of Russia on the introduction of criminal liability for legal entities for the com-mission of crimes contained in the current thirty eight articles of the Criminal Code of the Russian Federation, to which Russian, as well as a number of foreign companies and international organizations represented and separate units. We draw conclusions and make suggestions for further improvement of the Criminal code of the Russian Federation.

scholarly journals Aspek Pidana Pengambilan Paksa Jenazah Pasien Kasus Probable Akibat Terpapar COVID-19

2021 ◽  
Vol 4 (3) ◽  
pp. 1071
Author(s):  
Nabillah Fitra Nugraha
Keyword(s):  
Criminal Liability ◽  
Disease Outbreaks ◽  
Criminal Code ◽  
The Body ◽  
Probable Case ◽  
Infectious Disease Outbreaks ◽  
Patient Status ◽  
Public Ignorance ◽  
The Government ◽  
Rules Set

AbstractThe presence of the COVID-19 virus outbreak in Indonesia has caused many new problems that have occurred and must be resolved. One of them is the crime of forcibly retrieving the bodies of patients in probable CASES of COVID-19 that occurred in several regions. The term patient status is important because it is done as a form of effort for the government to overcome the outbreak. The problem arises because of public ignorance about the rules set by the government. There are 2 problems in this study, namely (1) the crime of forcible retrieval of the body of a patient probable case: and (2) criminal liability for the forced retrieval of the body of a probable case patient. This research uses Normative Law Research method. The approach used is the Statutory Approach and the Cosmic Approach. The results of this study showed that, the act of forcible retrieval of the bodies of patients in probable cases is a form of criminal offence because it is regulated in several laws, namely the Criminal Code and Law No. 4 of 1984 on Infectious Disease Outbreaks and Law No. 6 of 2018 on Health Quarantine. Keywords: COVID-19; Government; Probable Case; Criminal.AbstrakHadirnya wabah virus COVID-19 di Indonesia menyebabkan timbulnya banyak permasalahan baru yang terjadi dan harus diselesaikan. Salah satunya tindak pidana pengambilan paksa jenazah pasien kasus probable COVID-19 yang terjadi di beberapa daerah. Peristilahan status pasien menjadi suatu hal yang penting karena dilakukan sebagai bentuk upaya bagi pemerintah untuk menanggulangi wabah. Permasalahan timbul dikarenakan adanya ketidaktahuan masyarakat mengenai aturan-aturan yang telah ditetapkan oleh pemerintah. Ada 2 permasalahan dalam penelitian ini, yaitu (1) tindak pidana pengambilan paksa jenazah pasien kasus probable: dan (2) pertanggungjawaban pidana pengambilan paksa jenazah pasien kasus probable. Penelitian ini menggunakan metode Penelitian Hukum Normatif. Pendekatan yang digunakan ialah Pendekatan Perundang-undangan dan Pendekatan Koseptual. Hasil penelitian ini menunjukkan bahwa, perbuatan pengambilan paksa jenazah pasien kasus probable merupakan suatu bentuk tindak pidana karena diatur dalam beberapa undang-undang, yaitu KUHP dan Undang-Undang No 4 Tahun 1984 tentang Wabah Penyakit Menular serta Undang-Undang No 6 Tahun 2018 tentang Kekarantinaan Kesehatan.Kata Kunci: COVID-19; Pemerintahan; Kasus Probable; Kriminal.

scholarly journals Existence of Criminal Trials against Electoral Crimes of Regional Heads (Analysis of Pekanbaru High Court Decision Number 40/Pid.Sus/2021/PT.PBR)

2021 ◽  
Vol 4 (2) ◽  
pp. 1871-1881
Author(s):  
Muhammad Teguh Syuhada Lubis
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Code Of Conduct ◽  
Supervisory Board ◽  
Secondary Data ◽  
Criminal Code ◽  
Legal Analysis ◽  
Criminal Trials ◽  
High Court ◽  
Processing Data

The process of organizing regional head elections is certainly not without constraints and dynamics. There are many violations found in every stage of both administrative violations, violations of the code of conduct and criminal violations. After several changes and changes in the rules on the election of regional heads (Governors, Regents/Mayors), in the end even though Law No. 6 of 2020 describes the special crimes of elections in it, but in its application can not override the provisions of the Criminal Code. One of them is related to the criminal act of probation contained in Article 53 and Article 54 of the Criminal Code. The research conducted is normative juridical research using secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the study, it is known that the handling of electoral crimes of regional heads in Indonesia, namely through integrated law enforcement (Gakkumdu) centers consisting of Election Supervisory Board (Bawaslu), Police and Prosecutors. Furthermore, criminal liability for perpetrators of Criminal Trials in the General Election of the Regional Head must first meet the criminal elements in Article 187A paragraph (1) Law No.  6 Year 2020 concerning the Election of Governors, Regents and Mayors and Article 53 paragraph (1) of the Criminal Code. Once both elements of the article are fulfilled, against the severity of the prison sentence and the fine should be reduced by one-third of the maximum penalty in Article 187A paragraph (1) that is to a maximum of 4 years in prison. The last legal analysis of the Pekanbaru High Court's Decision No. 40/Pid.Sus/2021/PT.PBR the judge's decision has been appropriate the judge gave a sanction of 3 (three) years in prison to the perpetrator. It is in accordance with the provisions of Article 187A of Law Number 6 of 2020 Jo  Article 53 paragraph (1) of the Criminal Code. Because the intention of the act and the nature of harming the interests of others are fulfilled.

scholarly journals TERMINOLOGY OF CRIMINAL LAW

2021 ◽  
Vol 75 (2) ◽  
pp. 67-73
Author(s):  
Mykola Komissarov ◽  
◽  
Natalia Komissarova ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Professional Community ◽  
Criminal Code ◽  
The Body ◽  
Legal Norm ◽  
Ordinary People ◽  
Relevant Article ◽  
Law Enforcement Agencies

In this article questions about the expediency of using semantically accurate and clear terms in norm-setting that as correctly as possible denote acts, things, or persons because of the illegal actions or corpus delicti which are described in the relevant article of the Ukrainian Criminal Code are considered. On the example of several articles of current Ukrainian Criminal Code approaches of improving regulatory acts by using successful legal and common terms are being proposed. Criteria that could be a foundation when creating and improving legislation in general and criminal in particular being considered. Being proposed particular, more accurate, terms for replacement of the current, but not appropriate terms. Emphasis is placed on that each legal act should be write down very clear for ordinary people to increase the efficiency of positive criminal liability institution. Being determined main types of misuse of terms, which includes the use of terms without considering their content load by lawmakers; lawmakers' use of terms taking into account pre-determined actions that are not reflected in the body of the law but are marked by an unfortunate term, or use specific terms where their use is inappropriate. Taking everything above into account and considering the prevalence of legal terminology outside the professional community, questions related to the accuracy, intelligibility, simplicity, clarity of legal language are emphasized, in particular terminology of criminal law. Works of the most popular scientists whether in the field of legal terms or in the field of criminal law are analyzed. It is argued that the clarity of the legal norm, criminal law, in particular, will avoid arbitrariness and abuse by law enforcement agencies and more effectively implement the concept of positive criminal liability in society.

scholarly journals Issues of Regulation and Application of the Criminal Law Norm providing for Responsibility for Occupying the Highest Position in the Criminal Hierarchy (Article 210.1 of the Criminal Code of the Russian Federation)

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 159-170
Author(s):  
I. V. Pantyukhina ◽  
L. Yu. Larina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
Federal Law ◽  
General Part ◽  
The Russian Federation ◽  
Traditional Understanding

The paper is devoted to a detailed analysis of article 210.1 "Occupation of the highest position in the criminal hierarchy", which was introduced in the Criminal Code of the Russian Federation by Federal law No. 46-FZ of 01.04.2019. The authors considered the construction of this norm from the point of view of the elements of the crime and the coordination of these features with the provisions of the General part of the Criminal Code of the Russian Federation. As a result of a systematic study of the norms of the Russian criminal law, comparison with foreign experience (Georgia), and analysis of law enforcement practice, the discrepancy between the new criminal law norm and the provisions of certain institutions of criminal law was revealed. In particular, the content of article 210.1 contradicts certain principles of the criminal law (articles 6, 7 of the Criminal Code), the basis of criminal liability (article 8 of the Criminal Code), the norms of the Institute of preparation for a crime (part 1 of article 30 of the Criminal Code), as well as the goals of criminal punishment (part 2 of article 43 of the Criminal Code). To eliminate the identified shortcomings, the authors propose to include in the disposition of article 210.1 of the Criminal Code of the Russian Federation an act in the form of using the highest position in the criminal hierarchy. The proposed changes (including an act in the form of "use of the position») make it possible to prosecute persons both permanently and temporarily performing the functions of such persons, to leave outside the scope of its application persons who fully walked away from crime and not in any way affect criminal damage. They will allow you to bring the rule into compliance with the traditional understanding of the offense and those provisions of the General part of the Criminal Code, in which the regulated norms in the current edition are not made consistent.

scholarly journals Delimitation of frauds in the sphere of crediting (Article 1591 of the Criminal Code of the Russian Federation) from illegal credit receiving (Article 176 of the Criminal Code of the Russian Federation)

2019 ◽  
Vol 2019 (2) ◽  
pp. 124-130
Author(s):  
Екатерина Алёшина-Алексеева ◽  
Ekaterina Aleshina-Alexeeva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Crime ◽  
Legal Analysis ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
Enforcement Activity

The main criteria of differentiation of the crimes provided by Article 159.1 of the Criminal Code of the Russian Federation from Article 176 of the Criminal Code of the Russian Federation are considered in the article. The scientific and theoretical relevance of the subject is covered in the literature. In the present article the author delimited, in her opinion, illegal credit receiving from fraud in the sphere of crediting. The research objective is to formulate specific proposals concerning the solution of the problems of qualification of the crimes provided by Article 159.1 of the Criminal Code of the Russian Federation from Article 176 of the Criminal Code of the Russian Federation connected with their differentiation. The research methods used are: the analysis of theoretical literature and judicial and investigative practice, the comparative and legal analysis (features of the criminal liability regulation according to Article 159.1 of the Criminal Code of the Russian Federation and 176 of the Criminal Code of the Russian Federation), monitoring of the printed and electronic media material. The author focuses attention that fraud in the sphere of crediting cannot be considered as an economic crime in the sphere of crediting based on the revealed signs. Elimination of the qualification problems is suggested by means of adopting the resolution of the Plenum of the Supreme Court of the Russian Federation which will contain the main explanations on the studied criminal actions. The practical value of the work consists in the possibility of its use in a law-enforcement activity in qualification of the crimes provided by Articles 159.1 and 176 of the Criminal Code of the Russian Federation and besides, while teaching of the Criminal Law.

scholarly journals Environmental law and reconciliation with a representative of power under criminal law of Russia

2021 ◽  
Vol 244 ◽  
pp. 12021
Author(s):  
Sergey Zakharchuk
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Statistical Information ◽  
Legal Analysis ◽  
Criminal Legislation ◽  
First Time ◽  
Order Of Administration

Domestic criminal legislation provides for possibility of releasing from criminal liability a person who has committed a crime of small or medium gravity for the first time, provided that he/she has reconciled with the victim and made amends for the harm caused. Comparative legal analysis shows that similar norms are found in the criminal laws of foreign states. The article discusses issues related to the possibility of terminating a criminal case in connection with the reconciliation of parties in the event that a victim is a representative of authorities. As a result of analysis of scientific positions on this issue, as well as corresponding law enforcement practice, ambiguity in approaches to its solution was revealed. The presence of certain contradictions in the area under study is also confirmed by statistical information. The author substantiates the position on the need to establish a ban on exemption from criminal liability in connection with reconciliation with the victim, if a crime is committed against justice or the order of administration, and the victim is a representative of authorities. In this case, the victim acts as an additional objective manifestation of encroachment, and therefore, reconciliation cannot eliminate the harm done to the interests of the state - the main object of criminal encroachment. In order to resolve the problem, it is proposed to amend Article 76 of Criminal Code of Russian Federation.

scholarly journals Violation of sanitary and epidemiological rules: issues of criminalization and legislative regulation

2021 ◽  
Vol 1 (8) ◽  
pp. 110-117
Author(s):  
Yu. S. Norvartyan
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
Technical Approach ◽  
Principle Of Justice ◽  
The Russian Federation ◽  
Severe Punishment ◽  
Administrative Code

The article discusses some problems of criminalization and lawmaking in the field of countering crimes involving violations of sanitary and epidemiological rules. From the point of view of the legal and technical approach, Part 1 of Article 236 of the Criminal Code of the Russian Federation contains a construction of a complex composition, which can be called «delinquent-material». In such a composition there is both a mass disease (poisoning of people) and the threat of a mass disease (poisoning of people) they are considered not as acts, but as a socially dangerous consequence. In other words, this kind of criminal-legal construction includes, firstly, the violation of the rules itself and, secondly, socially dangerous consequences in the form of mass illness or poisoning of people or creating a real threat of the onset of these consequences. At the same time, violation of sanitary and epidemiological rules without the occurrence of socially dangerous consequences or the threat of such consequences entails administrative responsibility under Articles 6.3 — 6.7 of the Administrative Code of the Russian Federation.The author notes that an act that creates a real threat to law enforcement facilities provided for in Part 1 of Article 236 of the Criminal Code of the Russian Federation has a lower degree of public danger compared to such actions (inaction) that inadvertently lead to mass illness or poisoning of people. Equalizing the limits of criminal liability for the commission of the two abovementioned torts is a violation of the principle of justice. In this regard, the author of this article proposes in Part 1 of Article 236 of the Criminal Code of the Russian Federation to establish responsibility for violation of sanitary and epidemiological rules if such violation created a threat of mass illness or poisoning of people. In turn, criminal liability for violation of sanitary and epidemiological rules, which inadvertently caused mass illness or poisoning of people, should be established in Part 2 of Article 236 of the Criminal Code of the Russian Federation, which provides for a more severe punishment.

scholarly journals Going through training for the purpose of carrying out terrorist activity

2020 ◽  
pp. 89-103
Author(s):  
Georgii Moskalev
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Body ◽  
Legal Analysis ◽  
Minimum Age ◽  
The Subject ◽  
The Russian Federation ◽  
Objective Side

The subject of this research is the provision on criminal liability for training for the purpose of carrying out terrorist activities. In the course of this research, the author determines the content of the elements of a crime stipulated by the Article 205.3 of the Criminal Code of the Russian Federation, defines boundaries of this criminal violation, as well as makes recommendations on the improvement of its legal regulation. The article is based on the component legal analysis of the body of crime, stipulated by the Article 205.3 of the Criminal Code of the Russian Federation, with application of such methods of legal hermeneutics as grammatical and systemic interpretation. It was revealed that de facto, a direct object of crime envisaged by the Article 205.3 of the Criminal Code of the Russian Federation differs depending on the type of crime for which the subject is undergoing training; while the objective side of crime consists in training, including self-training of the subject. The article criticizes the legislator’s decision to establishing a minimum age threshold (14 y.o.) for the subject of crime, as well as the method to describe the purpose in disposition of the Article 205.3 of the Criminal Code of the Russian Federation. The author describes the cases when introduction of the Article 205.3 of the Criminal Code of the Russian Federation allows double prosecution for the same offence, as well as regulation of a stiffer penalty for preparation, in comparison with the completed substantive crime, which in both cases violates the principle of justice (Article 6 of the Criminal Code of the Russian Federation).  A proposal is made to exclude the Article 205.3 from the Criminal Code of the Russian Federation, as well as introduce a special rule on the boundaries of punishment for preparation of terrorist acts.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

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