Imputation in Criminal Law and the Conditions for Norm Validity

2004 ◽  
Vol 7 (2) ◽  
pp. 491-511 ◽  
Author(s):  
Güünther Jakobs
Keyword(s):  
Social Environment ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Third Parties ◽  
The Social ◽  
Per Se ◽  
The Law ◽  
Do So

ABSTRACT (1) The validity of the norms that determine society’s identity needs to be guaranteed. The reason is that there are other alternatives to this society. The guarantee is accomplished when it is valid that each person has the duty to comply with the norms (law) and that sanctioning occurs in case of not complying. Sanctioning therefore means confirming the identity of society. The confirmation is totally accomplished with the sanction. (2) On the contrary, there’s no alternative to the rules that refer to the social environment; therefore they stabilize themselves. Here lies the basis for lower sanctions in case of reckless acts due to mistakes—not due to indifference. (3) The disturbance of validity occurs in the same manner as its guarantee: by meaning, not by nature. Natural events, such as causal courses or psychological facts are not, per se, components of criminal behavior. They do so as symbol carriers. (4) Imputation begins with the distribution of competence between the offender, the victim, and third parties. (5) The so-called subjective imputation proves itself to be more a specified-personal imputation. It’s an imputation which focuses on the law-abiding citizen as a criterion person. (6) The science of criminal law arises from the distinction between meaning (culpability) and nature. Every single dogmatic concept can be traced to this distinction. The sanction contradicts the meaning of the criminal act (the norm isn’t valid). Meaningless, blameless behaviors should not (cannot) be contradicted.

scholarly journals Social Maladjustment and Criminal Behavior Pattern Changes in Adolescents in Conflict with the Law

2020 ◽  
Vol 30 ◽  
Author(s):  
Lais Sette Galinari ◽  
Rafaelle Carolynne Santos Costa ◽  
André Vilela Komatsu ◽  
Marina Rezende Bazon
Keyword(s):  
Criminal Behavior ◽  
Latent Class ◽  
Behavior Pattern ◽  
Social Maladjustment ◽  
Continuity And Change ◽  
Jesness Inventory ◽  
The Social ◽  
The Law ◽  
Student’S T ◽  
Latent Class Growth

Abstract Personality aspects that present a risk for criminal conducts are susceptible to changes. This study aimed to identify the profile of adolescents in conflict with the law based on the Social Maladjustment (SM) construct, to describe patterns of criminal conducts, and to verify the continuity and change on these variables, in a longitudinal prospective study. A sample of 78 adolescents answered to the Jesness Inventory - revised in Brazil and to the Questionnaire of Youth Behaviors, at two collection times (W1 and W2). The profiles were identified with latent class growth analysis and the behavior patterns were compared with Student’s t test. Two classes were obtained: High SM and Normative SM. At W1, SM high scores were associated to high frequency in the perpetration of crimes and both classes had lower SM at W2. The results point to the possibility of changes in SM and in conduct over time.

scholarly journals La justicia penal militar colombiana y los principios procesales constitucionales de independencia e imparcialidad, después de la separación de la función de jurisdicción con la función de comando

Justicia ◽  
2014 ◽  
Vol 19 (26) ◽  
Author(s):  
Consuelo Amparo Henao Toro ◽  
Ingrid Regina Petro Gonz ◽  
Felipe Andrés Mar
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Third Parties ◽  
Penal Code ◽  
Security Forces ◽  
Origin And Evolution ◽  
The Creation ◽  
The Law ◽  
The Military ◽  
Legal Training

El presente artículo analiza la Justicia Penal Militar colombiana, su origen y evolución desde la vigencia del Decreto 2550 de 1988, según el cual los miembros de la Fuerza Pública podían ejercer simultáneamente las funciones de comando con las funciones de jurisdicción, toda vez que quien juzgaba no se encontraba técnicamente habilitado para desarrollar esa función por carecer de formación jurídica profesional y debía depender de terceras personas para emitir sus fallos, situación que contrariaba los principios de independencia e imparcialidad. Posteriormente, con la creación de la Ley 522 de 1999, actual Código Penal Militar, esas funciones fueron separadas y prohibidas, lo que amerita analizar estos principios a la luz de esta normativa penal militar.   AbstractThis article analyzes the Penal Military Colombian Justice system, its origin and evolution from the enforcement of Decree 2550 of 1988 according to which members of the security forces could exercise the functions of command simultaneously with the functions of jurisdiction, since he was deemed not technically qualified to perform that function due to lack of professional legal training and had to rely on third parties to issue their decisions, a situation that went against the principles of independence and impartiality. Later, with the creation of the Law 522 of 1999 current Military Penal Code, these functions were separated and thus deserving prohibited discuss these principles in light of the military criminal law.

scholarly journals TALKING ABOUT RAPE – AND WHY IT MATTERS: Adjudicating rape in the Western Cape High Court

2016 ◽  
Author(s):  
Stacy Moreland
Keyword(s):  
Criminal Law ◽  
Institutional Factors ◽  
Western Cape ◽  
Sexual Offences ◽  
High Court ◽  
The Law ◽  
The Relationship ◽  
Selection Of ◽  
Do So

This article asks the question: how do judges know what rape is and what it is not? The statutory definition contained in the Criminal Law (Sexual Offences and Related Matters) Amendment Act1 (SORMA) guides courts in adjudicating rape cases, and as such the definition is theirs to interpret and implement. This article analyses a small selection of recent judgements of the Western Cape High Court2 (WCHC) for answers. The article begins by establishing why judgements are an important source for understanding what rape means in society at large; it then discusses the relationship between power, language, and the law. This is followed by specific analyses of cases that show how patriarchy still defines how judges express themselves about rape. It concludes by looking at the institutional factors that discourage judges from adopting new ways of talking about rape, and their constitutional mandate to do so.

The Mechanism for Imposing Punishment as a Tool for Implementing the Principle of Justice

2020 ◽  
pp. 32-37
Author(s):  
Vadim D. Filimonov ◽  
Keyword(s):  
Public Relations ◽  
Personality Traits ◽  
Antisocial Behavior ◽  
Criminal Law ◽  
Criminal Behavior ◽  
The State ◽  
Social Phenomenon ◽  
The Public ◽  
The Social ◽  
Principle Of Justice

The article examines justice as a principle of law and as criminal principle of justice as a principle of compensated justice. The measure of justice in punishment is mainly the correspondence of the punishment to the public danger of the committed crime, i.e. a certain equality of harm caused by criminals to other persons, society or the state, and the severity of the punishment imposed on them. The author argues that a court that follows the principle of justice in imposing punishments has to establish two types of genetic correspondence. The first type is the correspondence of the criminal behavior, circumstances of the crime and the culprit’s personality to the public danger of the criminal’s personality as a criminological basis for imposing punishment. This correspondence employs the genesis of criminal behavior to substantiate the imposed punishment. The rejection of this correspondence could lead to a misconception about the nature and degree of social danger of the perpetrator’s personality as well as an unreasonable type and amount of punishment for the committed crime. The second type consists in the compliance of the type and amount of punishment with the grounds for its imposition ˗the social need to oppose antisocial behavior and personality traits of the guilty person with such a punishment that meets the interests of law-abiding citizens, society, and the state, that is, a social phenomenon that embodies the genesis of criminal law regulation of public relations. The author claims that that it is necessary to identify not only the above-mentioned types of genetic and other correspondences in the mechanism of imposing a punishment, but also take into account the correspondence in terms of proportionality, especially when it comes to the compliance of the punishment with the gravity of the crime committed. Having analyzed all types of correspondences in the mechanism of punishment imposition, the author concludes that since the indicated types of orrespondences in the system of punishment imposition determine the activity of the court, insofar they act as its regulators. The ability to regulate the activities of the court turns their entire set into an instrument for introducing the principle of justice into punishment. Therefore, the mechanism for imposing punishment manifests itself in the process of regulating criminal law relations as a legal instrument for implementing the principle of justice in punishment.

Confidentiality and Patients’ Records: Balancing the Interests of Society and the Individual

1979 ◽  
Vol 7 (1) ◽  
pp. 49-70
Author(s):  
Robert E. Paul
Keyword(s):  
Third Parties ◽  
Legal Cases ◽  
The Law ◽  
The Individual ◽  
The Right ◽  
Privileged Communications ◽  
Physician Patient ◽  
Do So

This article defines and describes the interrelated but conceptually distinct terms “confidentiality,” “privilege,” “privileged communications,” “privacy,” and “records.” It reviews the parameters of these words, discusses the variance between the extent of the physician-patient and that of the much broader licensed psychologist-patient privilege in Pennsylvania and, in particular, reviews the situations in which assertions of confidentiality and privilege cannot prevent third parties from gaining access to records and the information contained in them and the legal cases which set out the law in these areas. Finally, it reviews the demands to see records by patients and the increasing willingness of courts, legislators, and regulators to grant not only access but also the right to correct, add to, or destroy such records if the patient wishes to do so.

scholarly journals Legal analysis of the content of the category «criminal law impact»

2020 ◽  
Vol 15 (3) ◽  
pp. 7-13
Author(s):  
Valery F. Lapshin
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Liability ◽  
Final Conclusion ◽  
Legal Analysis ◽  
Scientific Methods ◽  
The Social ◽  
Legal Nature ◽  
General Scientific ◽  
The Relationship

The category of criminal law impact is currently being actively studied in the domestic legal science for the relationship with the content of the categories of criminal punishment, other measures of a criminal law nature, criminal liability. In the presented study, the problem of determining the types of criminal law influence and the peculiarities of their implementation, depending on the presence or absence of certain legally significant features, is posed. Given the stated problems, the subject of the study is determined in the form of criminal law norms that enshrine deprivation and legal restrictions that apply to persons who have committed a socially dangerous act prohibited by criminal law. The application in the process of research of a combination of general scientific and private scientific methods allowed us to formulate the final conclusion that the criminal legal effect is realized as a result of the application of criminal liability measures and other measures of a criminal legal nature. Criminal liability is realized on general and preferential terms. The basis for the use of the latter is the fact of positive post-criminal behavior, which significantly reduces the social danger of the perpetrator.

scholarly journals PENEGAKAN HUKUM PIDANA BAGI PELAKU PENYEBAR KONTEN PORNOGRAFI DI MEDIA SOSIAL DITINJAU DARI UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2020 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Gomgom T.P Siregar ◽  
Indra Purnanto S. Sihite
Keyword(s):  
Social Media ◽  
Law Enforcement ◽  
Criminal Law ◽  
Electronic Transactions ◽  
The Social ◽  
The Law

The handling of cases of spreading pornographic photos through the social media Facebook is not subject to temporary detention when conducting an investigation because based on the investigator's belief, the perpetrator will not run away, nor will he remove evidence, but what happens is evidence from the perpetrator. Using normative juridical research, which examines the regulations of Law No. 19/2016 on ITE. Criminal law enforcement for perpetrators of spreading pornographic content on social media in terms of the Law on Information and Electronic Transactions Article 45 paragraph 1 of Law No. 19 of 2016 on ITE, the threat of punishment for the perpetrators of dissemination can be sentenced to a maximum imprisonment of 6 years and a maximum fine of Rp. 1,000,000,000 billion.

Corporate financial crimes in Pakistan – a review and analysis

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Anam Yasir ◽  
Alia Ahmed ◽  
Leena Anum
Keyword(s):  
Social Environment ◽  
Criminal Behavior ◽  
Design Methodology ◽  
Theoretical Perspective ◽  
Content Type ◽  
The Social ◽  
Financial Crimes ◽  
The Future ◽  
Criminal Behaviors

Purpose The purpose of this paper is to highlight those factors which involve elite class criminals in corporate financial crimes. This research implies the fact that the study of criminal behavior is pivotal for finding out the reasons behind such crimes. Design/methodology/approach By describing theories of criminology, researchers assess the nature of financial criminals in Pakistan from a theoretical perspective. Findings Elite-class people commit crimes upon perceiving high benefits and less punishment. Moreover, the social environment contributes greatly to inducing criminal behavior. Research limitations/implications Explanation of criminal behaviors provided in the study will be helpful in providing directions for the prevention of such criminal actions in the future. Originality/value This research examines the criminal behavior of elite class crimes from the theoretical perspective which will be significant in the prevention of such behaviors.

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 How to Write a Positivist Legal History: Lessons from the 18th and 19th Centuries English Jurists William Blackstone and James Fitzjames Stephen

Histories ◽  
2021 ◽  
Vol 1 (3) ◽  
pp. 169-183
Author(s):  
Susanna Menis
Keyword(s):  
Social Control ◽  
Criminal Law ◽  
Legal History ◽  
Social Response ◽  
Master Plan ◽  
A Value ◽  
The Social ◽  
History Of ◽  
The Law ◽  
The 1960S

This paper is about the shaping of the law understood as a positivist enterprise. Positivist law has been the object of contentious debate. Since the 1960s, and with the surfacing of revisionist histories, it has been suggested that the abstraction of the doctrine of criminal law is due to its categorisation in early histories. However, it is argued here that positivism was hardly an intentional master plan of autocratic social control. Rather, it is important to recognise that historians do not provide a value-free recount of history. This paper examines this assertion by drawing on the writings of the English jurists William Blackstone and his work Commentaries on the Law of England (1765), and James Fitzjames Stephen’s A History of the Criminal Law of England (1883). Taking these scholars not as mere a-historical writers but reflecting on the fact that they inevitably ‘functioned’ as conduits of their own social practise opens an inquiry into the social response to a social need, which was already under way long before their time.

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