scholarly journals Lietuvos Respublikos baudžiamojo kodekso specialiosios dalies straipsnių sankcijų sudarymo probleminiai aspektai

Teisė ◽  
2011 ◽  
Vol 79 ◽  
pp. 7-21
Author(s):  
Gintaras Švedas
Keyword(s):  
Criminal Code ◽  
Special Part ◽  
The Republic

Straipsnyje analizuojama Lietuvos Respublikos baudžiamojo kodekso specialiosios dalies straipsnių sankcijos, jų rūšys, sankcijų sudarymo principai, taip pat probleminiai sankcijų sudarymo aspektai.The article deals with the sanctions and their kinds in the Articles of the Special Part of the Criminal Code of the Republic of Lithuania, the principles of the construction of the sanctions, as well as some problematical aspects of the construction of the sanctions.

scholarly journals Criminal Liability of Legal Entities under the Laws of the Former Yugoslav Republic of Macedonia

2018 ◽  
Vol 8 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Republic Of Macedonia ◽  
Special Part ◽  
Yugoslav Republic ◽  
The Republic ◽  
Discretionary Powers ◽  
Legal Entities

The article is dedicated to the review of the laws of the Republic of Macedonia (the Former Yugoslav Republic of Macedonia) on criminal liability of legal entities established in 2004 by introduction of amendments and supplements to the Criminal Code of the Republic of Macedonia. The article analyzes legal resolutions allowing consideration of a legal entity as a criminal liability subject; gives a scope of legal entities which can be brought to criminal liability; focuses on the fact that legal entities in the Republic of Macedonia may not be brought to criminal liability for any acts acknowledged as punishable by the national criminal laws, rather for the acts which are specifically addressed in the articles of the Special Part of the Criminal Code of the Republic of Macedonia or other criminal laws. The author reviews such types of criminal sanctions applicable to legal entities as a fine, legal entity liquidation, forfeiture and sentence publication; notes the circumstances taken into account at punishment imposition and conditions for release from punishment as well as criminal and procedural peculiarities of bringing legal entities to liability including indication of broad discretionary powers of a prosecutor in solution of issues on bringing legal entities to criminal liability.

REFLECTIONS ON THE SUBJECT OF THE INFLUENCE PEDDLING (ART. 326 CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA)

2021 ◽  
pp. 122-132
Author(s):  
Vadim Movileanu ◽  
Keyword(s):  
Criminal Code ◽  
Republic Of Moldova ◽  
Public Figures ◽  
Special Part ◽  
Penal Law ◽  
Penal Liability ◽  
The Subject ◽  
The Republic ◽  
Objective Side ◽  
Public Person

This analysis focuses on one of the most complex and actual issues of the Special Part of the Penal Law: the penal liability for influence peddling, particularly the subject in the case of offenses of the influence peddling and the purchase of influence. In this sense, the subject of the crime provided in paragraph (1) article 326 of the Criminal Code of the Republic of Moldova is addressed in detail, which must be a person who has influence or who claims to have influence over a public person, persons with public dignity, foreign public figures or an international official. Thus, a person who has no influence or who does not claim to have influence over a public person, a person with a position of public dignity, foreign public figures or an international official can only contribute - through complicity, organization or instigation - upon execution of the objective side of the crime specified in paragraph (1) article 326 of the Criminal Code of the Republic of Moldova.

scholarly journals Legislation and Constitutional Jurisprudence on the Issues of the Special Part of the Criminal Code of the Republic of Lithuania

Teisė ◽  
2021 ◽  
Vol 119 ◽  
pp. 31-51
Author(s):  
Jonas Prapiestis ◽  
Gintaras Švedas ◽  
Darius Prapiestis
Keyword(s):  
Criminal Code ◽  
Special Part ◽  
The Republic ◽  
Constitutional Jurisprudence

Straipsnyje analizuojamos teisėkūros, koreguojančios Lietuvos Respublikos baudžiamojo kodekso Specialiosios dalies nuostatas, tendencijos, taip pat nagrinėjama konstitucinė jurisprudencija, kurioje buvo tiriama atskirų Baudžiamojo kodekso Specialiosios dalies nuostatų atitiktis Lietuvos Respublikos Konstitucijai, ir Konstitucinio Teismo baigiamųjų aktų reikšmė baudžiamajai teisėkūrai.

scholarly journals The Methods Of The Imposition Of A More Lenient Punishment According To The Legislation Of The Republic Of Uzbekistan

2021 ◽  
Vol 03 (04) ◽  
pp. 94-98
Author(s):  
Mukhayyo Karamatullo Qizi Akbaralieva ◽  
Keyword(s):  
Criminal Code ◽  
Special Part ◽  
The Republic

All the ways of the imposition a more lenient punishment are considered particularly in the article. The issues of individualization of punishment are also discussed. The article deals with the general principles of sentencing. The article examines the aspects of the application of each method of the imposition a more lenient punishment, under what circumstances each method is used, and under what circumstances it is impossible to apply a concrete method. Examples from the legislation of the Republic of Uzbekistan are also given. The article analyzes the sanctions of the articles of the Special Part of the Criminal Code of the Republic of Uzbekistan. The article considers the authors' opinions on certain issues.

Trestné činy ohrozujúce zvrchovanosť v podmienkach Slovenskej republiky

2021 ◽  
Author(s):  
Jaroslav Klátik ◽  
 Jozef Michalko
Keyword(s):  
Slovak Republic ◽  
Criminal Code ◽  
Security Forces ◽  
Criminal Offenses ◽  
Special Part ◽  
The Republic

Criminal offenses threatening sovereignty in the conditions of the Slovak Republic are regulated in the seventh chapter of a special part of the Criminal Code as Crimes against the Republic. Criminal offenses threatening sovereignty in the conditions of the Slovak Republic are particularly dangerous for their effects on society and therefore, despite their very small occurrence, it is important that the security forces in the Slovak Republic sufficiently monitor the proceedings that could fulfill the factual nature of the crimes threatening sovereignty. The fact that these crimes, threatening sovereignty, do not occur in society makes them all the more dangerous.

scholarly journals Odgovornost pravnih lica za sva ili samo za određena krivična djela? / Responsibility of Legal Entities for all or for Certain Criminal Acts?

2016 ◽  
Vol 6 (6) ◽  
pp. 246
Author(s):  
Miodrag Bukarica
Keyword(s):  
Bosnia And Herzegovina ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Legal Entity ◽  
Republic Of Macedonia ◽  
Special Part ◽  
The Republic ◽  
Legislative Model ◽  
Legal Entities

Court practice and illustrative examples of the legislator’s negligence in passing the appropriate laws and bylaws provisions point that, in Bosnia and Herzegovina, the most acceptable would be separation of the criminal acts of legal entities, according to the legislative model of the Republic of Macedonia. Namely, the Republic of Macedonia has not passed a special law on criminal responsibility of legal entities, since the provisions on criminal responsibility (lex specialis) are included as a special chapter of the criminal law and are applied primarily, while the general provisions of the criminal law are applied only in cases not stipulated by the special provisions. Thus in the Special Part of the Criminal Code, along with the legal description, within certain criminal acts it is emphasized that a legal entity may be held responsible for the particular criminal act. Given that, in Bosnia and Herzegovina it would also be possible to determine (separate) criminal acts of a legal entity. The advantage of such solution lies in the fact that it is very simple in the technical sense since, on the occasion of passing amendments and alterations of the special part of the criminal law, no additional interventions shall be required in the criminal law or in the substantial legislation.

SOME MATTERS OF IMPOSITION OF PUNISHMENT FOR PREPARATION FOR PREMEDITATED MURDER IN THE CRIMINAL CODE OF THE REPUBLIC OF UZBEKISTAN

2018 ◽  
Vol 4 (2) ◽  
pp. 159-167
Author(s):  
Khurshida Mirziyatovna Abzalova
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Relevant Article ◽  
Special Part ◽  
Article Analysis ◽  
The Republic ◽  
Criminal Legislation

This article analysis some aspects of assignment of punishment for preparation for premeditated murder on the basis of the theory of criminal law, draws the corresponding conclusions and develops recommendations in the criminal legislation of the Republic of Uzbekistan. According to article 58 of Criminal code of the Republic of Uzbekistan at assignment of punishment for preparation for crime, in particular to premeditated murder (dolus premeditatus), court is being guided by the general beginnings of assignment of punishment, considers also weight of crime, extent of implementation of criminal intention and the reason owing to which crime was not ended; punishment for preparation for simple premeditated murder should not exceed three quarters of the maximum punishment prescribed by the relevant article of the Special part of Criminal code of the Republic of Uzbekistan; the rule about the maximum punishment (three quarters of the maximum punishment prescribed by the relevant article of the Special part of Criminal code of the Republic of Uzbekistan) is not applied at assignment of punishment for preparation for premeditated murder under the aggravating circumstances; for preparation for premeditated murder sentence in the form of lifelong imprisonment cannot be imposed.

CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Educational Institutions ◽  
Scientific Article ◽  
Teaching Staff ◽  
Self Defense ◽  
Special Part ◽  
The Russian Federation ◽  
Legislative Activities

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.

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