scholarly journals Deterrence and Crime Results

2007 ◽  
Vol 10 (1) ◽  
pp. 1-77 ◽  
Author(s):  
Marcelo Ferrante
Keyword(s):  
Criminal Law ◽  
Point Of View ◽  
Overwhelming Majority ◽  
Legal Practice ◽  
Economic Literature ◽  
Economic Theories ◽  
Psychological Conditions ◽  
Comprehensive Study

This article offers a comprehensive study of the merits of the legal practice of punishing accomplished crimes more severely than attempted crimes all other things being equal (differential punishment)vis-àà-vis the alternative of punishing them with equal sanctions (equal punishment).Unlike the overwhelming majority of the literature on the issue--which focuses on which practice better mirrors the offenders' relative moral deserts--the article evaluates both practices from a consequentialist, deterrence-based point of view. In particular, it shows first that traditional economic theories of the criminal law should yield the conclusion that differential punishment is not superior to equal punishment.The few arguments that the economic literature offers against such conclusion, the article shows, are mistaken. Secondly, drawing on social and psychological findings, the article advances three new arguments showing that, under some likely social and psychological conditions, differential punishment is in fact a superior alternative to equal punishment.

scholarly journals Тhe institute of confiscation of property in Russian criminal law. Lessons of combating proceeds of crime in the assessment of the Supreme Сourt of the Russian Federation

2018 ◽  
pp. 22-30
Author(s):  
Yu. K. Krasnov
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Plenary Session ◽  
Legal Framework ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Practice ◽  
The Supreme Court ◽  
The Russian Federation

Introduction. May and June 2018 saw intensi­fied discussions in Russia around the issue of confis­cation of property obtained by criminal means. These discussions arose after several initiatives of legisla­tors who advocated the strengthening of the role of this institution of criminal law in the legal practice in Russia and after the Supreme Court of the Rus­sian Federation summarized the experience of the use of confiscation in the practice of Russian courts and formulated some recommendations for the courts in the decision of the plenary session of June the 14th .  Materials and methods. The article uses a number of research methods and techniques to ana­lyze the problem such as analysis that allows isolat­ing the trends in the development of the institution of confiscation; comparison which allows evaluating homogeneous processes at different stages of the in­stitute of confiscation of property acquired by crimi­nal means, and generalization which is necessary to summarize the results of the research.  Research results. The use of the institution of confiscation of property obtained by criminal means in the legal practice of Russia has passed several stages. The modern stage began after the institution was restored in the criminal code of the Russian Fed­eration by the Federal law of July 27, 2006 № 153FZ and section VI of the Criminal Code was supple­mented by Chapter 15.1 “Confiscation of property”. This Chapter contains the legislative definition of the confiscation of property (article 104.1 of the Crimi­nal Code) and an indication of the subject of confis­cation, its types and conditions.  Based on the decisions of the plenums of the Su­preme Court of the Russian Federation the article analyzes the practice of this institution in the activi­ties of Russian courts. 12 years of experience in the application of Chapter 15.1 of the Criminal Code, showed that, despite the repeated explanations of the Supreme Court, which dealt with individual crimes, some of the controversial issues remained unre­solved. In this regard the Plenum of the Supreme Court introduced a number of proposals to improve the legal framework of this institution in the draft Resolution.  On June 14th , 2018 the next plenary Session of the Supreme Court of the Russian Federation ad­opted a new detailed resolution on the practice of application of Chapter 15.1 of the Criminal Code and proposed detailed recommendations to improve the application of the institution of confiscation of property obtained by criminal means in the Russian Federation, which are considered and commented on in the article.  Discussion and conclusion. Legal literature discussed the innovations in the Russian legislation related to the institution of confiscation of property obtained by criminal means caused in a very active mode. The views of the authors of articles on this is­sue can be divided into two parts with each havinga lot of supporters. According to the first of them the new place of confiscation of property among the mea­sures of criminal law is justified.  Supporters of the opposite point of view sup­port the exclusion confiscation of property from the system of measures of criminal law as they believe that the legal nature of the confiscation of property belongs to a form of criminal punishment. This is the opinion of the judges. Two-thirds of the judges believe that the confiscation of property should be considered as an additional form of punishment.

Judicial geography as a legal science and academic discipline

2019 ◽  
Vol 5 (4) ◽  
pp. 122-137
Author(s):  
Almaz F. Abdulvaliev
Keyword(s):  
Criminal Law ◽  
Climatic Factors ◽  
Academic Discipline ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Mapping Method ◽  
Research Field ◽  
Point Of View ◽  
Theoretical Development ◽  
New Research

This article presents the conceptual foundations for the formation of a new research field “Judicial Geography”, including the prerequisites for its creation, academic, and theoretical development, both in Russia and abroad. The purpose of the study is to study the possibility of applying geographical methods and means in criminal law, criminal procedure, and in judicial activity in general via the academic direction “Judicial Geography”. The author describes in detail the main elements of judicial geography and its role and significance for such legal sciences, as criminal law, criminal procedure, criminalistics, and criminology among others. The employed research methods allow showing the main vectors of the development of judicial geography, taking into account the previous achievements of Russian and worldwide academics. The author indicates the role and place of judicial geography in the system of legal sciences. This study suggests a concept of using scientific geographical methods in the study of various legal phenomena of a criminal and criminal-procedural nature when considering the idea of building judicial bodies and judicial instances, taking into account geographical and climatic factors. In this regard, the author advises to introduce the special course “Judicial Geography”, which would allow law students to study the specifics of the activities of the judiciary and preliminary investigation authorities from a geographical point of view, as well as to use various geographical methods, including the mapping method, in educational and practical activities. The author concludes that forensic geography may become a new milestone for subsequent scientific research in geography and jurisprudence.

scholarly journals A New Measure of Complementarity in Market Basket Data

2021 ◽  
Vol 16 (4) ◽  
pp. 670-681
Author(s):  
Radosław Puka ◽  
Stanislaw Jedrusik
Keyword(s):  
Large Data ◽  
Point Of View ◽  
Detailed Data ◽  
Market Basket ◽  
Economic Theories ◽  
Empirical Verification ◽  
Preliminary Results ◽  
Research Fields ◽  
It Systems ◽  
Real Market

Modern IT systems collect detailed data on each activity, transaction, forum entry, conversation and many other areas. The availability of large data volumes in the business, industry and research fields opens up new opportunities for the empirical verification of various economic theories and laws. The analysis of big datasets in turn allows us to look at many issues from a new point of view and see the dependencies that are otherwise difficult to derive. In this paper, we propose a new measure for dependencies between goods in market basket data. The introduced measure was inspired by the well-known microeconomic concept of complementarity. Due to its similar properties to those of complementarity, the new measure was called basket complementarity (b-complementarity). B-complementarity not only measures the strength of dependencies between goods but also measures the direction of these dependencies. The values of the proposed measure can be relatively easily calculated using market basket data. This paper also presents a simple example illustrating this new concept, areas of possible application (e.g., in e-commerce) and preliminary results of searching for goods that meet the criteria of basket complementarity in real market basket data.

scholarly journals Rape in Finnish criminal law and process - A discussion on, and beyond, consent

2021 ◽  
Vol 8 (2) ◽  
pp. 21
Author(s):  
Daniela Alaattinoğlu ◽  
Heini Kainulainen ◽  
Johanna Niemi
Keyword(s):  
Sexual Violence ◽  
Criminal Law ◽  
Research Team ◽  
Structural Changes ◽  
Criminal Code ◽  
Societal Change ◽  
Legal Practice ◽  
Sexual Offences ◽  
Criminal Process ◽  
The University

Chapter 20 of the Finnish Criminal Code, which regulates sexual offences, is currently undergoing structural changes. Focusing on the section of rape, this article investigates the amendments proposed by the Ministry of Justice in 2020 in the light of the current Finnish legislation, legal practice, supranational normative developments and societal change. Lessons are drawn from a recent research project about the attrition of sexual violence in the Finnish criminal process by a research team at the University of Turku. The article welcomes the increased emphasis on voluntariness, contextuality, power imbalances and communication in the suggested draft law. It also criticises some weaknesses of the draft legislation. Conclusively, it proposes further action to improve legal clarity and strengthen the enforcement of a new legal conceptualisation of sexual violence.

scholarly journals Prawo karne Królestwa Polskiego w latach 1815−1905 a sprawowanie kultu religijnego

2018 ◽  
Vol 70 (1) ◽  
pp. 225-238
Author(s):  
Paweł Ludwiczak
Keyword(s):  
Criminal Law ◽  
Public Services ◽  
Missionary Work ◽  
Private And Public ◽  
The Law ◽  
Detailed Picture ◽  
Comprehensive Study

The article pertains to the law in force in the Kingdom of Poland between 1815 and 1905. Furthermore, it indicates the changes which were brought about by the liberalization of statutes and regulations concerning faith in 1906. The main aim is to familiarize readers with the contemporary criminal law pertaining strictly to conducting private and public services as well as to draw attention to regulations delineating missionary work. The paper is general in character because presenting a detailed picture of each faith with an enumerationof their legal, civil and political limitations is a topic for a more comprehensive study.

scholarly journals Perspectives pour la linguistique : de la linguistique descriptive à la linguistique explicative

2021 ◽  
Vol 33 ◽  
pp. 1-29
Author(s):  
Wiesław Banyś
Keyword(s):  
General Theory ◽  
Point Of View ◽  
Primitive Elements ◽  
Aim Of Science ◽  
The Difference ◽  
Main Components ◽  
General Linguistic ◽  
Object Of Study ◽  
Comprehensive Study

The text deals with one of the challenges of linguistics, which is to effectively combine description and explanation in linguistics.It is necessary that linguistic theories are not only capable of adequately describing their object of study within their framework, but they must also have a suitable explanatory power.Linguistics centred around the explanation of the why of the system is called here ‘explanatory’ or ‘non-autonomous’, in contrast to ‘descriptive’ or ‘autonomous’ linguistics, which is focused on the description of the system, the distinction being based on the difference in the objects of study, the goals and the descriptive and explanatory possibilities of the theories.From the point of view presented here, a comprehensive study of language has three main components: a general theory of what language is, a resulting theory and description, which is a function of this theory, of how language is organised, functions and has evolved in the human brain, and an explanation of the properties of language found.The explanatory value of a general linguistic theory is a function of various elements, among others, the quantity of the primitive elements of the theory adopted and the effectiveness of Ockham’s razor principle of simplicity. It is also a function of the quality of those elements which can be drawn not only from within the system, but also from outside the system becoming in this situation logically prior to the object under study.In science, in linguistics, one naturally needs two types of approach, two types of linguistics, descriptive/autonomous and explanatory/non-autonomous, one must first describe reality in order to explain it. But it is also certain that since the aim of science is to explain in order to reach that higher level of scientificity above pure description, it is necessary that this aim be realized in different linguistic theories within different research programs, uniting descriptivist and explanatory approaches.

scholarly journals State activity and legal credo of Mykola Skrypnyk.

2021 ◽  
pp. 131-142
Author(s):  
Iryna Muzyka
Keyword(s):  
Criminal Law ◽  
National Policy ◽  
Criminal Policy ◽  
National Development ◽  
Point Of View ◽  
Practical Implementation ◽  
Legal Development ◽  
Socialist State ◽  
State Activity ◽  
The Way

Peculiarities of M. Skrypnyk's theoretical and ideological substantiation of national, judicial and criminal-legal policy in his concept of state-legal development of Soviet Ukraine are investigated. Coverage of the peculiarities of the ideological platform and legal credo of M. Skrypnik in the aspect of the anthropology of law is important for characterizing his state activity as one of the main theorists of the concept of «Ukrainian path to communism». From the point of view of anthropology, convincing explanations of M. Skrypnyk's various positions and steps in the sphere of state and party policy should be sought in his ideological and psychological sphere. At the same time, in our opinion, maneuvering in the ideological substantiation of M. Skrypnyk's practical activity is explained by his utilitarian attitude to ideology as an effective propaganda means of achieving goals in state-building. In our opinion, M. Skrypnyk considered the ultimate goal of the process of socialist construction not to be the development of a "communist oasis of the Ukrainian model," but the creation of a workers 'and peasants' statehood as a single labor society based on internationalism and communist ownership. M. Skrypnyk saw the national liberation and development of the culture of amateur broad masses of workers and peasants in the process of national development, which he considered a stage in the process of socialist construction, as a transitional stage on the way to this goal. An important argument in the search for explanations of the theoretical foundations and ways of practical implementation of state and national policy of M. Skrypnyk is his vision of the nature and objectives of judicial and criminal policy. M. Skrypnyk emphasized that Soviet criminal law has a public, social, anti-individualistic character, as opposed to bourgeois criminal law, built on the principles of individualism inherent in bourgeois society. On the way to achieving this goal in the mind of M. Skrypnyk, in line with the then understanding of state and legal phenomena and processes, there was a transfer of priorities from the rights and interests of the individual to the collective interests - declaratively to the interests of the proletariat. Man was not seen by him as the highest value and "measure of all things." Priority was given to other values: the "world revolution and the dictatorship of the proletariat," the elimination of the class division of society, and the defense and construction of the socialist state. According to the content of the concept of state and legal development of the USSR, M. Skrypnyk can really be considered one of the main theorists of the "Ukrainian path to socialism." However, the very concept of the future socialist state, set out in its creative heritage, does not seem to be a theory of Ukrainian national communism, as characterized by some researchers, and awaits a deeper study by historians of law.

scholarly journals Społeczna szkodliwość — dziedzictwo komunizmu w polskim prawie karnym?

2021 ◽  
Vol 43 (3) ◽  
pp. 155-179
Author(s):  
Wojciech Zalewski
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Criminal Liability ◽  
Second World War ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Democratic State ◽  
The Social ◽  
Social Harmfulness ◽  
Second World

The introduction of social harmfulness (social danger) to Polish criminal law after the Second World War was politically motivated. For many, this circumstance was sufficient to formulate postulates about the necessity to remove this premise of criminal liability. Social harmfulness still remains controversial today. Before, criminal law was seen as a tool. Currently, it is to be an ultima ratio. It is clear that determining the essence of the crime and its nature, introducing into the law “what belongs to literature”, was necessary in the legal system of a totalitarian state, imposing its views and morals on society. In a legal system of a democratic state, a state ruled by law, a statutory ideological declaration regarding the essence of a crime seems redundant. However, changing the nomenclature is not enough here — there is a possibility of weakening the guaranteeing criminal law function. The social harmfulness premise contributes to the heterogeneity of jurisprudence, even in cases concerning serious crimes. The author is of the opinion that limiting the number of minor cases from the point of view of the state’s right to punish, which paralyzes the judiciary with their sheer number, should take place in a different way than introducing the social harmfulness of an act as a criterion determining the culpability. The currently adopted solution seems irrational and non-functional from the perspective of the legal certainty principle. A more appropriate move seems to be the assessing the advisability of prosecuting an act, i.e. by introducing and implementing the principle of opportunism in criminal proceedings.

Sign in / Sign up

Export Citation Format

Share Document