scholarly journals From Magna Carta To The Contemporary System Of Financial Penalties In The Criminal Law

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 40-47
Author(s):  
Aleksandra Deanoska – Trendafilova
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Criminal Code ◽  
Historical Document ◽  
Criminal Offence ◽  
Constitutional History ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Magna Carta ◽  
Solid Foundation

Abstract Magna Carta Libertatum or the Great Charter of the Liberties is a historical document of great significance for the constitutional history and human rights and liberties development. Although at its initial version it addressed a limited number of liberties and principles, it represented a solid foundation for the evolution of the principles of the rule of law, right to justice, right to a fair trial, just and reasonable sentencing, limitation of powers, etc. Namely, article 20 of the Charter states: A freeman shall not be amerced for a slight offense, except in accordance with the degree of the offense; and for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his “contenement”; and a merchant in the same way, saving his “merchandise”; and a villein shall be amerced in the same way, saving his “wainage” if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of honest men of the neighborhood. An analysis of this article undoubtedly leads us to the basic principles of the contemporary systems of fine, namely the daily-fine system introduced in the Macedonian Criminal Code in 2004 according to which the fine will be calculated and pronounced according to the gravity of the offence and the financial state and condition of the perpetrator. As one can notice, the gravity of the offence and the saving of the perpetrators “contenement” from the abovementioned article of the Great Charter refer to the aforesaid principles. In this article, a comparison will be made on the meaning of the term “amercement” and its similarities and differences with the modern financial penalties and measures in the criminal law from comparative perspective, to find which one corresponds to the latter: fine, assets forfeiture or compensation of damages made with the criminal offence.

scholarly journals IMPLIKASI PERUMUSAN DELIK KORUPSI DI DALAM KEBIJAKAN PEMBAHARUAN KITAB UNDANG-UNDANG HUKUM PIDANA

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (3) ◽  
Author(s):  
Syaputra Syaputra
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Criminal Code ◽  
Community Life ◽  
Reform Effort ◽  
The Rule Of Law ◽  
Draft Code ◽  
The Law ◽  
Pass Through ◽  
Sense Of Justice

The Criminal Code as a legacy of Dutch colonialism could no longer follow the dynamism of community life. It is too rigid has obliterated the sense of justice which is the goal of the creation of the law itself. This is because the articles of the Criminal Code deemed unsuitable to the development of crime and offenses increasingly complex. In the draft Code of Criminal Law, as one of the reform effort is the formulation of offenses of corruption set out in Chapter XXXII starting from Article 688 to Article 702. With the formulation of the offense of corruption and offenses positions formulated in the draft Criminal Code will disregard the Law Combating Corruption although this law of particular importance because of the substance of the articles draft Criminal Code wants to make corruption has become common crimes and do not pass through handling extraordinary. Law on Corruption Eradication cannot apply even if there is the principle of lex specialis derogat lex generalis, because of the retroactive principle that applies in the draft Criminal Code so that the decision to force the law can still be applied retroactively when the rule of law that new does not regulate the offense of criminal, so punishment can be eliminated.Keywords: Offense Corruption , Corruption , Reform of draft Criminal Code

scholarly journals OFFENSE - THE ONLY GROUND FOR CRIMINAL LIABILITY

2014 ◽  
Vol 8 (4) ◽  
pp. 149-156
Author(s):  
Laura-Roxana Popoviciu
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Rule Of Law ◽  
The Social ◽  
The Law

This study aims to examine the offence as the only ground for criminal liability. Article 15, paragraph 2 of the Criminal code provides that: “offences are the only grounds for criminal liability”, which implies the existence of an act, which is detected by the bodies empowered under the law in the form required by law, and also this principle comes as a guarantee of the person’s freedom because, without committing an act provided for by the law as an offense, the criminal liability cannot exist.The criminal liability is one of the fundamental institutions of the criminal law, together with the institution of the offence and of the sanction, set in the various provisions of the Criminal code.As shown in the Criminal code, in Title II regarding the offence, there is a close interdependence among the three fundamental institutions. The offence, as a dangerous act prohibited by the criminal rule, attracts, by committing it, the criminal liability, and the criminal liability without a sanction would lack the object. It obliges the person who committed an offence to be held accountable for it in front of the judicial bodies, to bide the sanctions provided for by the law, and to execute the sanction that was applied.The correlation is also vice-versa, meaning that the sanction, its implementation, cannot be justified only by the existence of the perpetrator’s criminal liability, and the criminal liability may not be based only on committing an offence.The criminal liability is a form of the judicial liability and it represents the consequence of non-complying with the provision of the criminal rule. Indeed, the achievement of the rule of law, in general, and also the rule of the criminal law implies, from all the law’s recipients, a conduct according to the provisions of the law, for the normal evolution of the social relations.

scholarly journals Penegakan Hukum terhadap Tindak Pidana Tanpa Hak Menguasai Senjata Tajam dalam Aksi Unjuk Rasa Penolakan RUU KUHP

2021 ◽  
Vol 4 (2) ◽  
pp. 1075-1080
Author(s):  
Imanuel Sembiring ◽  
Ediwarman Ediwarman ◽  
Marlina Marlina
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Criminal Policy ◽  
Preventive Measure ◽  
Criminal Code ◽  
District Court ◽  
Penal Policy ◽  
The Rule Of Law ◽  
The Right

This paper aims to examine and analyze the rule of law, law enforcement and criminal policy against criminal acts without the right to control sharp weapons. To approach this problem, the theory of the legal system is used. The data were collected through interview guidelines and analyzed qualitatively. This study concludes that the rule of law regarding law enforcement against criminal acts without the right to control sharp weapons in demonstrations is regulated in Emergency Law Number 12 of 1951 in Article 2 paragraph (1), Law no. 9 of 1998 concerning Freedom to Express Opinions in Public in Article 16, Perkapolri No. 7 of 2012 concerning Procedures for the Implementation of Services, Security, and Handling of Public Opinion Cases in Article 8 letter j. Law enforcement against criminal acts without the right to control sharp weapons in demonstrations against the Criminal Code Bill at the Medan District Court is carried out through investigations, prosecutions and judges' decisions. The criminal law policy against people who carry sharp weapons in Medan City consists of a penal policy carried out by legally processing the perpetrators, followed by examining the defendants at trial. Non-penal policies as a preventive measure for criminal acts without the right to control sharp weapons are counseling, raids and community participation.

scholarly journals PENGGUNAAN TINDAKAN TEMBAK DI TEMPAT TERHADAP PELAKU TERORISME OLEH DENSUS 88 DIKAITKAN DENGAN ASAS PRADUGA TIDAK BERSALAH

2018 ◽  
Vol 1 (2) ◽  
pp. 111-120
Author(s):  
Agus Salem
Keyword(s):  
Rule Of Law ◽  
Use Of Force ◽  
Criminal Code ◽  
Presumption Of Innocence ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Police Action ◽  
Article 50

In recent years terrorism has become increasingly prevalent and shootings have often been carried out against terrorists against the police. In action against the perpetrators of theorism, Densus 88 often took action to place a shot. Such actions cause opposition to the principle of presumption of innocence. The specifications in this study are descriptive analytical. The results of the study are the rule of law which is the basis of the shooting in place against terrorists is Article 50 and 51 of the Criminal Code. The Chief of Police Regulation No. 1 of 2009 concerning the use of force in the Police Action is a number of basic principles on which firearms are used. Detachment 88 as the perpetrator of terrorism crackdown operations must pay attention to the principle of presumption of innocence by avoiding arbitrary actions and being outside the established procedures, both in law and other regulations.

On the System of the Special Part of the Criminal Code of the Russian Federation

2019 ◽  
pp. 31-40
Author(s):  
Elena Shchelkonogova
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
The Rule Of Law ◽  
Law System ◽  
Special Part ◽  
General Part ◽  
The Russian Federation ◽  
Criminal Legislation

The article raises the problem of systematic interpretation of the Special Part of the Criminal Code of the Russian Federation, since fair enforcement of criminal law articles is impossible without understanding their sense intended by the legislator. One of the effective methods for identifying it is systematic interpretation of the articles of the Special Part of the Criminal Code. They are considered as elements of the system, their logical relations with each other and with the articles of the General Part of the Criminal Code are identified. Systematic consideration of the Special Part of the Criminal Code induction and deduction allowed formulating its current definition based on the fundamental difference between the rule of law and the article of the law. Identification of the systemic features of the Special Part helps distinguishing it from structure and classification. The article also pays attention to the problem of determining the various grounds for division of legislative material of the Special Part; the meaning of such concepts as «criminal legislation system» and «criminal law system» is delimited. The question is raised whether it is correct to speak about the system of crimes enshrined in the Special Part of the Criminal Code.

scholarly journals Criminal Influence and Feasibility of its Preservation in New Criminal Code of Ukraine

2021 ◽  
Vol 7 ◽  
pp. 44-51
Author(s):  
Artem Nikitin
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Working Group ◽  
Scientific Community ◽  
Criminal Liability ◽  
Criminal Code ◽  
Original Form ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Definition Of

The concept of criminal influence, which was introduced into the Criminal Code of Ukraine in June 2020, has been highly criticized by the scientific community and practitioners, among other things, for violation of the principle of legal certainty and the rule of law. This article defines the main disadvantages of the provisions that establish criminal liability for acts related to criminal influence and analyzes the feasibility of preservation of these provisions in their original form in the Criminal Code of Ukraine and the possibility of their transfer to the draft of the new Criminal Code of Ukraine. It is concluded that the mentioned norms should be at least substantially revised, with taking into account comments of the Ukrainian scientists, and cannot be transferred into the new criminal law as they are currently defined. Moreover, introduction of specific amendments to other laws is also required in this regard.The Working Group on the development of criminal law, as the author of the draft of the new Criminal Code, reasonably refused from the existing concept of the criminal influence. At the same time, they defined criminally punishable acts, which can be considered as a certain equivalent of the criminal influence (socalled “criminal leadership”). Provisions developed by the Working Group differ from the current by the more precise definition of specific actions, which constitute corpus delicti of criminal leadership, avoidance of jargon formulations, decrease of the terms of imprisonment for committing the relevant crimes, and diversification of criminal legal measures that can be applied to offender besides the punishment. In general, it appears that the Working Group avoided the main mistakes which are present in the current legislation. However, it is too early to draw conclusions regarding the acceptability of the proposed article of the new criminal law. Only after the draft of the new Criminal Code of Ukraine has been finished and its provisions can be analyzed altogether, final conclusions regarding the mentioned norms can be drawn.

PROBLEM ASPECTS OF CONSTITUTIONALITY AND APPLICATION OF ART. 375 OF THE CRIMINAL CODE OF UKRAINE

2018 ◽  
Author(s):  
Hryhoriy Krainyk ◽  
◽  
Vitaliy Perzhul ◽  
Oleksandr Hailiunas ◽  
◽  
...  
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Legal System ◽  
Criminal Code ◽  
The Body ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
European Court ◽  
Special Part ◽  
Principles And Standards

This article is devoted to the analysis of positions of the article 375 of Criminal Code of Ukraine, which recently kept the action, while Constitutional Court of Ukraine did not make decision about it’s unconstitutionality. In work we analyzed the Constitutional Court’s decisions and practice, analyzed possible options for criminalization and decriminalization in Ukrainian criminal law. The practice of legal application about article 375 of the Criminal Code of Ukraine, exactly, the rendering by a judge of a knowingly unjust decision. The focus is on the fact that the courts are deciding these cases, in some aspects, they understand the scope of the named norm of criminal law differently, which leads to different enforcement. In this regard, we investigated diametrically opposed positions of reputable scientists regarding this norm and possible options of its new edition. Authorities also disagree with the separate opinion of the judges of the Constitutional Court of Ukraine, in regard to contradictions of the constitutional norms, which regulate the process of adopting laws to declare them unconstitutional, and the legal force of such decisions. The practice of the European Court of Human Rights is also an important part of the work, which has repeatedly noted a similar problem in the legal system of Ukraine. Therefore, apart from the constitutionality of the norm of rendering a court decision in an inappropriate manner, the work of the authors includes an important discussion of the systemic gap that exists in the context of the process of adoption and/or rejection of the law. It should also be noted that the court practice regarding article 375 of the Criminal Code of Ukraine is quite varied, which today does not make it possible to form some unified and uncontroversial approaches asto whatrole the existence of the Criminal Code's article on a judge's rendering of an unjust decision in the relevant version has had for some time. Summarizing the main points, we believe that the legislator should avoid ambiguous and controversial formulations in the disposition of the articles of the Special Part of the Criminal Code of Ukraine in future. For an effective solution of this problem there is a project, which is currently being worked on and which is called to impose liability for rendering an invalid verdict, but to do it in those kind of form, so that the body of constitutional jurisdiction would not have any claims against it in the context of unconstitutionality. Exactly this legal balance will allow us to speak about the closeness to the sphere of criminal law to the principles and standards of the rule of law, that are inherent in most states with a developed legal system.

ANALISIS YURIDIS TINDAK PIDANA PENGGELAPAN YANG TIMBUL DARI HUBUNGAN SEWA MENYEWA MOBIL DIKAITKAN DENGAN PASAL 372 KUHP

2016 ◽  
Vol 2 (2) ◽  
pp. 201-216
Author(s):  
Hurip Agustina ◽  
Dadang Suprijatna ◽  
Aal Lukmanul Hakim
Keyword(s):  
Rule Of Law ◽  
Criminal Responsibility ◽  
Bottom Layer ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
The Public ◽  
Criminal Offenses ◽  
Car Rental

Crime embezzlement car rentals are lately often devastating car rental owner. This is an issue where the meaning of a rule of law if the crime committed community can not be followed by the rule of law, such as crimes by way of evasion is one of the types of crimes against human wealth which is stated in Article 372 of the Criminal Code, which is a crime that does not exist inexhaustible, both from the bottom layer to the top layer of society can also be committing a criminal act embezzlement is a crime that originated from the existence of a trust in others, and that trust is lost because of the lack of an honesty. It is stated that the crime of embezzlement have a problem that is closely linked to attitudes, moral, mental, honesty and trust humans as individuals. The purpose of this study are as follows: 1) To determine and analyze the occurrence of the crime of embezzlement car rental. 2) To know and analyze the application of Article 372 of the Criminal Code the crime of embezzlement in the rental car. 3) To know and analyze the efforts of the police in preventing crime of embezzlement car lease. This study uses normative juridical approach that is used to make the description clear, systematic, transparent and precise about the facts / specific nature of the area and population which is then analyzed to obtain the desired facts. Criminal offense embezzlement rental car can be imprisoned if they meet the overall elements of the offenses charged by the public prosecutor and the offender accountable for his actions. If the offender does not meet one of the elements of which the accused, then it can not be convicted. The elements of criminal responsibility are: 1) committing illegal or criminal acts; 2) for the criminal should be able to be responsible; 3) to have a fault; 4) absence of an excuse. The conclusion from this study is the adoption of Article 372 of the Criminal Code in criminal offenses of embezzlement car rental where the incidence of criminal acts committed tenants for the rented goods belonging to the owner of the rental rights because of misuse or abuse of trust in which the crime of embezzlement are set in the provisions of Article 372 of the Criminal Code.

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