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.

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 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 IS A REDEFINITION OF RAPE REQUIRED IN POLISH CRIMINAL LAW?

Probacja ◽  
2021 ◽  
Vol 1 ◽  
pp. 77-98
Author(s):  
Monika Czechowska
Keyword(s):  
Sexual Abuse ◽  
International Law ◽  
Criminal Law ◽  
Criminal Code ◽  
Penal Code ◽  
Sexual Autonomy ◽  
Definition Of

The article concerns the crime of rape stipulated in art. 197 of the Criminal Code, or more precisely the definition of this phenomenon. The author analyzes the regulations penalizing this type of sexual abuse, in force both under Polish criminal law and under international law, in order to find the answer to the question whether the current provisions of the penal code comply with the convention standards and whether the definition of rape corresponds to the theory of sexual autonomy, according to which sex without voluntary, informed, and free of forced consent is rape.

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.

scholarly journals Doctrinal basis of crime classification

2020 ◽  
Vol 1 (1) ◽  
pp. 147-154
Author(s):  
Oleksandra Skok ◽  
Stanislav Omelchenko
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Formal Logic ◽  
Classification Criterion ◽  
Low Gravity ◽  
Criminal Offenses ◽  
Definition Of ◽  
Crime Classification

The article deals with the issues of formation, development and legislative registration of the Institute for the classification of crimes. Scientific and legislative classification of crimes, rules of formal logic as a basis for differentiation of criminal offenses and individualization of criminal responsibility and punishment are investigated. The term “crime classification” has been interpreted, the principles and functions of classification have been defined. The definition of the classification criterion, the content of public danger in the doctrine of criminal law, for which there is a large number of scientific views, is given. The criteria of public danger as a material sign of a crime are defined. According to Article 12 of the Criminal Code of Ukraine, depending on the severity of the crime, the crimes are divided into crimes of low gravity, moderate, serious and especially serious. The legislative classification of crimes was made taking into account the type of punishment (fine and imprisonment), as well as the amount of punishment. Crime classification is inextricably linked to the principles of formal logic and the laws of dialectics. The analysis of the theoretical provisions of the classification of crimes shows that the current legislative definition of crimes of small gravity, medium gravity, grave and especially grave, - is constructed with the non-observance of some basic rules of formal logic concerning the necessity of using in one classification the same grounds and grounds . It should also be noted that the neglect of the typical sanction by the legislator as the sole classification criterion has led to the emergence of an additional formal criterion in the form of a fine, which in itself contradicts the generally accepted doctrinal provisions for constructing the classification.

A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context

2017 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Nani Mulyati ◽  
Topo Santoso ◽  
Elwi Danil
Keyword(s):  
Criminal Law ◽  
Sufficient Conditions ◽  
Criminal Code ◽  
Legal Person ◽  
Philosophical Approach ◽  
Legal Personality ◽  
Legal Subject ◽  
Long Time ◽  
Definition Of ◽  
Broad Meaning

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.

Historical Experience of Criminalization: to the Centenary of the Guiding Principles on Criminal Law of the RSFSR

2019 ◽  
pp. 31-35
Author(s):  
Ivan Kozachenko
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Historical Experience ◽  
Law System ◽  
Political Situation ◽  
Historical Method ◽  
Advantages And Disadvantages ◽  
Concept Planning ◽  
Guiding Principles ◽  
Definition Of

The creation of the Guiding Principles on the Criminal Law of the RSFSR of 1919 is studied taking into account extremely complicated internal and external political situation in the country at the beginning of the twentieth century. Using the methods of analysis, synthesis, as well as comparative and historical method, the author determines the significance of the Guiding Principles in the law system of the young Soviet state. Some key norms of the document are examined. In particular, the definition of criminal law is analyzed and its advantages and disadvantages are identified. It is noted that the definition of a crime was formulated too broadly, and more significant steps in criminalization of different acts were made with the adoption of the RSFSR Criminal Code of 1922. It is indicated which persons were not punished according to the Guidelines. Attention is drawn to the way in which such a method of protection as necessary defense was set forth in this act. The Guiding Principles are not without certain disadvantages: for example, the institution of complicity is not sufficiently disclosed, there is lexical redundancy in the definition of the concept «planning the offence». However, the discrepancies between the main provisions covered in the Guidelines are explainable and excusable, taking into account the historical situation at the time of their adoption. The analyzed document became the basis for Russian criminal law, and some of its provisions are still relevant.

The Social Dangers Of The Crime Of Abuse Of Power Or Position: Problems Of Theory And Practice

2021 ◽  
Vol 03 (02) ◽  
pp. 72-12
Author(s):  
Shukhrat Khodjievich Alirizaev ◽  
Keyword(s):  
Criminal Law ◽  
Public Life ◽  
Criminal Code ◽  
Theory And Practice ◽  
Abuse Of Power ◽  
Official Position ◽  
The Social ◽  
Position Article

The article deals with the theoretical problems of social danger of the crime of abuse of power or official position (Article 205 of the Criminal Code), its place in criminal law, its connection with other official crimes. It also analyzes the increase in this crime in public life, corruption offenses and the origin of crimes. Signs of these and other official crimes are highlighted. Qualification issues in the competition of general and special official crimes are analyzed.

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.

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