scholarly journals Defense of a Basic Voluntary Act Requirement in Criminal Law from Philosophies of Action

2020 ◽  
Vol 23 (4) ◽  
pp. 437-470
Author(s):  
J.J. Child
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
General Definition ◽  
Abstract Principle ◽  
Definition Of ◽  
Act Requirement

When looking to identify the basic ingredients of criminal responsibility, reference is standardly made to a voluntary act requirement (VAR). We blame a defendant (D) for what she has done or (perhaps) failed to do where such doing or failing to do is proscribed by law; we do not punish mere thoughts or character. However, despite the continued appeal of the VAR in abstract principle, the precise definitions and restrictions entailed within it are not always clear, and its usefulness in preventing inappropriate criminalization is openly (and in many cases correctly) challenged. Principally, and crucially, the VAR has received sustained attack in recent years from critics within the philosophies of action, highlighting its descriptive and normative shortcomings. It is contended that such criticism is misplaced. This article provides defense to a stripped-back definition of the VAR, distinguishing the general definition of action in philosophy from the definition of action within the criminal law, and seeking to identify and preserve a doctrinally workable model of the latter.

Liability of minors in russian criminal law practice XVIII — first half of XIX century

2020 ◽  
Vol 2020 (12-3) ◽  
pp. 242-249
Author(s):  
Alexander Sergeev ◽  
Ekaterina Bratukhina ◽  
Irina Kushova ◽  
Dmitriy Ovsyukov
Keyword(s):  
Juvenile Offenders ◽  
19Th Century ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Age Of Onset ◽  
Historical Aspects ◽  
Definition Of ◽  
Xix Century ◽  
The 19Th Century

The article examines the historical aspects of the evolution of the legislative definition of the age of onset of criminal responsibility and the specifics of sentencing juvenile offenders in the 18th and first half of the 19th century.

scholarly journals Social Conditionality of Establishing Criminal Responsibility and Punishment for Military Personnel

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 97-109
Author(s):  
V. P. Bodaevskiy
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Military Personnel ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Modern Science ◽  
Legal Regulation ◽  
Military Law ◽  
Definition Of ◽  
The Individual

Many publications are devoted to the identification of social conditionality of criminal regulations. However, the science of criminal law does not have any comprehensive research on the social conditionality of establishing criminal responsibility and punishment for military personnel. In this regard, its essence, features and criteria for identification remain practically unknown. The paper reveals the problematic aspects of the concept and meaning of social conditionality of establishing criminal responsibility and punishment for military personnel; the author’s definition is given. Based on the widespread opinion in the theory of criminal law that the mechanism for identifying this social condition consists of criteria that are studied by the legislator at the appropriate stages of the processes of criminalization (decriminalization) and penalization (depenalization) of military socially dangerous acts, the author analyses them in detail. The problem of ways of legal regulation of criminal responsibility and punishment of military personnel is touched upon. It is stated that the peculiarity of the definition of this social conditionality is the resolution by the legislator, among other dilemmas, of the question of the need for normative fixing of a special military or ordinary prohibition and (or) fixing of the corresponding special military regulationsin the general part of the Criminal Law.The author concludes that the identification of social conditionality of the criminal-normative prescription on responsibility and punishment of military personnel is one of the important tasks of modern science of criminal law, which necessitates the development of a unified approach to the structure and content of this process. The establishment of the theoretical and legal essence of this conditionality should be considered as the most important step in this direction. The author offers the following definition. It is the compliance of criminal regulations that establish responsibility and punishment for criminal behavior of military personnel, resulting from the demand of society in the objective need for criminal law protection of military law and order and other public relations that are most important for the individual, society and the state.

scholarly journals CRIMINAL DELINQUENCY – CYBERSTALKING: CHARACTERISTICS OF OBJECT AND OBJECTIVE SIDE

2018 ◽  
Vol 2 (83) ◽  
pp. 45
Author(s):  
Uldis Ķinis
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Written Text ◽  
Legitimate Interest ◽  
International Regulations ◽  
Actus Reus ◽  
The Law ◽  
Definition Of ◽  
Objective Side ◽  
First Time

On January 2018 significant amendments to the Criminal Law and the Law On the Procedure for Application of the Criminal Law came into force in Latvia. These changes not only in the first time introduce the criminal responsibility for the emotional violence, but also determine the procedure for assessing emotional disparity, equating the effects to telepathic injuries.In the article, the author reviews a modality of crime “persecution” - cyber-persecution. Although the legislator in the annotation of the law provides that the article also shall be applicable to acts committed in cyberspace, at the same time, the author indicates some problems that may arise due to the narrow interpretation of the law by the law enforcement. The purpose of the article is to study the object (protected legitimate interest) and the objective side (actus reus) of the offense - cyber-stalking. For purposes of research, several methods have been used. The method of comparative analysis, for examination and comparison of external and international regulations. Methods of legal interpretation used to disclose the differences between the understanding of the written text of the definition of the crime and what ought to be understood in the meaning of the norm. Finally, the author presents the conclusions and proposals on the application of the norm.

Just How Ill-treated Were You? An Investigation of Cross-fertilisation in the Interpretative Approaches to Torture at the European Court of Human Rights and in International Criminal Law

2015 ◽  
Vol 84 (3) ◽  
pp. 482-514 ◽  
Author(s):  
Michelle Farrell
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Legal Reasoning ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Definition Of

The prohibition on torture in international human rights law seems a fairly straightforward candidate for productive use in international criminal law. The Convention against Torture contains an elaborate definition of torture and human rights institutions have developed substantial jurisprudence on the prohibition and definition of torture. Indeed, the ad hoc Tribunals and the drafters of the Rome Statute have employed the human rights law approach to torture to varying degrees. But the conception of torture reached by human rights bodies is problematic and unsuitable for usage where individual criminal responsibility is sought. It is unsuitable because the human rights law understanding of torture is subjective and victim-derived. Human rights bodies do not scrutinize intent, purpose and perpetration, central aspects of international criminal legal reasoning. The communication on torture between these bodies of law to date shows that cross-fertilisation, without detailed reasoning, is inappropriate - because rights are different to crimes.

scholarly journals Bases of criminal legal counteraction to separatism.

2020 ◽  
pp. 365-373
Author(s):  
Kubalskyi Vladyslav
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
State Power ◽  
Criminal Code ◽  
Territorial Integrity ◽  
Constitutional Order ◽  
Current Trends ◽  
Definition Of ◽  
Legal Mechanism ◽  
General Method

The criminal-law component is the most important element of the state-legal mechanism for combating separatism. The existing system of criminal-law protection of state sovereignty and territorial integrity and inviolability should be aimed at protecting against all existing and possible manifestations of separatism, taking into account current trends of its development. The methodological basis of the proposed article is traditional. In particular, used system-structural and formal-logical methods, which are covered by the general method of dialectical cognition. Criminal responsibility for separatism can only occur for specific crimes in which separatism is manifested as a phenomenon. In this regard, it is inappropriate to accept proposals for the legislative definition of the composition of the crime of “separatism” because of the particular complexity of this concept, because separatism is a complex of actions, and the article usually assumes responsibility for a specific action. At the present stage, it is advisable to adopt a special law to counteract separatism in order to systematically counteract this negative phenomenon. Criminal responsibility for separatist activity comes mainly under Art. 110 “Attack on the territorial integrity and inviolability of Ukraine” of the Criminal Code of Ukraine. The so-called “separatist” acts may also be crimes under Article 109 “Actions aimed at violent alteration or overthrow of the constitutional order or seizure of state power”, 1102 “Financing actions taken for the purpose of violent alteration or overthrow of the constitutional order or seizure of state power, changes of borders of the territory or state border of Ukraine”, 111 “State treason”. The so-called “separatist” can be attributed to other crimes in certain cases. The so-called “separatist” can be attributed to other crimes in certain cases. It should be borne in mind that separatist activities may be accompanied by the commission of crimes under Articles 258 “Terrorist Act”, 2583 “Creation of terrorist group or terrorist organization”, 260 “Creation of non-statutory paramilitary or armed formations”, 341 “Capture of state or civil structures” etc.

scholarly journals An overview on Individual Criminal Liability for Crime of Aggression

2021 ◽  
Vol 5 (1) ◽  
pp. 433-444
Author(s):  
Asif Khan ◽  
Shaukat Hussain Bhatti ◽  
Abid Shah
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
International Criminal Law ◽  
Historical Background ◽  
Proper Definition ◽  
Definition Of ◽  
Individual Criminal Responsibility

Over the last few years, international criminal law has included an internationally recognized definition of the crime of aggression. One may sight the respective portion from part two (Jurisdiction, Admissibility and Applicable Laws) Article 8 of the respective document. The purpose of this research represents the historical background of individual criminal responsibility under international law and the concept of individual criminal accountability for the crimes falling under the ambit of international criminal law committed by persons. Whereas the idea of how an individual could be brought to justice, for one of the core crimes of ICC's statutes, i.e., crime of aggression, was recently adopted and envisaged into Rome statutes, after the Kampala conference 2010. The concept of individual criminal responsibility for the crime of aggression faced many difficulties in at-least adopting its proper definition, which was leftover for future when Rome statue was formulated. To keep pace, this concept needs further evolution. Such an evolution demands such a condition wherein while granting the characteristics of adaptability with the contextual conditions and principles of criminal law. This article explores the anatomy of the crime of aggression and highlights issues that remain to be resolved

scholarly journals Baudžiamosios atsakomybės už kankinimą nustatymo ir įgyvendinimo problemos Lietuvoje

Teisė ◽  
2010 ◽  
Vol 74 ◽  
pp. 46-56
Author(s):  
Romualdas Drakšas ◽  
Regina Valutytė
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Theory And Practice ◽  
Definition Of

Straipsnyje nagrinėjamos baudžiamosios atsakomybės nustatymo ir įgyvendinimo problemos Lietuvoje ir vertinama, ar Lietuva tinkamai vykdo tarptautinius įsipareigojimus drausti ir bausti kankinimus. Atsi­žvelgdami į kankinimo sampratą tarptautinėje teisėje, autoriai pateikia Lietuvos baudžiamosios teisės teorijai ir praktikai tinkamiausią kankinimo apibrėžimą bei įvertina, ar Lietuvos Respublikos baudžiama­jame kodekse turėtų būti straipsnis, numatantis tiesioginę atsakomybę už žmogaus kankinimą. The article discusses the problems of determination and implementation of criminal responsibility for torture in Lithuania. It is evaluated weather Lithuania meets its engagements to prohibit and punish the act of torture properly. Taking into account the concept of torture in international law the authors suggest a definition of torture that fits most for the theory and practice of Lithuanian criminal law. The authors also evaluate whether the Criminal Code of Lithuania should be complemented with an additio­nal article providing for the direct responsibility for torture.

Rape Law Commonalities

2020 ◽  
pp. 57-74
Author(s):  
Stuart P. Green
Keyword(s):  
Sexual Assault ◽  
Criminal Law ◽  
Sexual Contact ◽  
Historical Overview ◽  
Rape Law ◽  
Definition Of ◽  
Act Requirement

This chapter focuses on a range of issues common to all six of the rape paradigms that are described in subsequent chapters. It begins with a brief historical overview of rape law, observing a significant expansion in the definition of rape and sexual assault along two axes, namely, the kinds of sexual contact covered and the means by which nonconsent is manifested. It then considers the disparate ways in which the labels rape and sexual assault have been used, and makes an argument for retaining the term rape in the criminal law. Next, it considers how the physical act requirement in rape and sexual assault has been defined in a range of criminal codes, finally touching on some of the challenges of offense grading.

scholarly journals RULES ON INCHOATE CRIME IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Василий Некрасов ◽  
Vasiliy Nekrasov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Criminal Legislation ◽  
Tools And Techniques

The article analyzes the issues of differentiation of responsibility and norm design technique on inchoate crime in the criminal legislation of the Republic of Belarus. The author examines the legislative definition of preparation for a crime, attempted crime and voluntary renunciation of criminal purpose. As a result of the study the author has found out the main methods and means of legislative technique, used by the Belarusian legislator. These are abstract and casuistic methods, the terminology of the criminal law and several others. Comparison of legal regulation of norms on unfinished crime in the Criminal code of the Republic of Belarus and the Criminal code of the Russian Federation has allowed to identify gaps made by the legislators of both countries in application of specific tools and techniques of legislative drafting. Court practice of the Republic of Belarus in cases of preparation for a crime and attempted crime also was analyzed in present article. The author has evidentiated the means of differentiation of the responsibility for committing inchoate crime, used by the Belarusian legislator. The definitions “inchoate crime” and “stage of the crime” were also analyzed in present study. As a conclusion the author has made the recommendations for improving the criminal legislation of the Russian Federation and the Republic of Belarus on regulation of criminal responsibility for an inchoate crime.

scholarly journals Doctrinal issues of criminal responsibility in Russian criminal law

2019 ◽  
pp. 128-135 ◽  
Author(s):  
E. N. Barkhatova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Moment ◽  
Definition Of

The paper is devoted to determining the moment of criminal responsibility and its content. The positions existing in science and practice are analyzed. The point of view on the occurrence of criminal responsibility at the moment when a person is being charged with a crime is substantiated. This opinion is supported by an analysis of Art. 299 and 305 of the Criminal Code of the Russian Federation. The relationship between the characteristics of the subjective side of the crime and the emergence of criminal responsibility is demonstrated. The content of criminal responsibility has been examined both in the criminal law and in the criminal procedure aspect. The emergence and termination of criminal responsibility, as well as its content, are examined, inter alia, through the prism of the grounds for relief from it provided for in Sec. 11 of the Criminal Code of the Russian Federation. Other measures of a criminal legal nature have been studied as constituting criminal responsibility. The issue of the possibility or impossibility of including them in the content of criminal responsibility has been resolved. The classification of the components forming the content of criminal responsibility is proposed. The definition of criminal responsibility is formulated, which, according to the author, should be enshrined in the Criminal Code of the Russian Federation.

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