scholarly journals SOME ISSUES OF THE DEFINITION OF MISDEMEANOR OFFENSE AND ITS TYPES

2020 ◽  
pp. 181-186
Author(s):  
Yu. A. Turlova
Keyword(s):  
Criminal Code ◽  
Criminal Offense ◽  
Illegal Hunting ◽  
Psychotropic Substances ◽  
Bodily Injury ◽  
The Law ◽  
Definition Of ◽  
Misdemeanor Offense ◽  
Criminal Legislation ◽  
The Postponement

On January 1, 2020, Law of Ukraine No. 2617-VIII «On Amendments to Some Legislative Acts of Ukraine on Simplification of Pre-Trial Investigation of Certain Criminal Offense Categories» dated November 22, 2018 comes into effect; this Law, inter alia, amends the Criminal Code of Ukraine (hereinafter – Ukraine’s CC) and introduces the institute of misdemeanor offenses in Ukraine. The relevance of this topic stems from the fact that today there is a need for a further research of the misdemeanor offense institute and its introduction into the practice of pre-trial investigation bodies. The purpose of this article is to analyze this Law as regards amendments to Ukraine’s CC, in particular, the amendments introducing the institute of misdemeanor offenses in Ukraine, types of misdemeanor offenses (by the target of misdemeanor), and legislative initiatives regarding the postponement of the date upon which this Law should become effective. The article presents the types of misdemeanor offenses (by the target of misdemeanor) according to the updated criminal legislation. In particular, misdemeanor offenses include such wide-spread crimes as referred to in Article 125 of Ukraine’s CC “Intentional light bodily injury”, part 1, Article 126 of Ukraine’s CC “Beatings and torture”, Article 164 of Ukraine’s CC “Evasion of alimony for maintenance of children”, part 1, Article 185 of Ukraine’s CC “Theft”, part 1, Article 190 of Ukraine’s CC “Fraud”, part 1, Article 248 of Ukraine’s CC “Illegal hunting”, part 1, Article 249 of Ukraine’s CC “Illegal engagement in fish, animal or other water extractive activity”, part 1, Article 309 of Ukraine’s CC “Illegal production, manufacture, acquisition, storage, transportation or mailing of narcotic drugs, psychotropic substances or their analogs without the purpose of sale”. The article also notes that on 13.11.19, following the hearings titled: “Readiness to introduce the institute of misdemeanor offenses into the practice of pre-trial investigation bodies with effect from January 1, 2020”, the Committee for Law Enforcement of the Verkhovna Rada of Ukraine adopted the decision to recommend to the Verkhovna Rada of Ukraine the Draft Law of Ukraine “On Amendments to Section II “Transitional Provisions” of the Law of Ukraine “On Amendments to Some Legislative Acts of Ukraine on Simplification of Pre-Trial Investigation of Certain Criminal Offense Categories” dated November 22, 2018. No. 2617-VIII” (regarding effective date postponement)”, No. 2155 based on results of consideration in the first reading to adopt as the basis and as it is as regards postponement of the effective date of the Law of Ukraine of November 22, 2018 No. 2617-VIII “On Amendments to Some Legislative Acts of Ukraine on Simplification of Pre-Trial Investigation of Certain Criminal Offense Categories”, having set the date on which it should become effective as July 01, 2020. Thus, it is necessary to understand the essence of the concept of misdemeanor offense and its typess according to the updated legislation, this being the result of this article.

scholarly journals Features of criminal liability and punishment of juveniles: reality and perspectiv

2021 ◽  
Vol 2021 (2) ◽  
pp. 115-126
Author(s):  
О. І. Mytska ◽  
Keyword(s):  
European Union ◽  
Criminal Responsibility ◽  
Rapid Development ◽  
Criminal Liability ◽  
Criminal Code ◽  
International Standards ◽  
Criminal Offense ◽  
The Subject ◽  
The Law ◽  
Criminal Legislation

In the article the author analyses the features of criminal liability and punishment of juveniles in the current criminal legislation. Particular attention is paid to the release of adolescents from punishment and serving sentences. The author points out that for a long time there have been discussions among scholars about the possibility and expediency of applying to adolescents release from punishment and serving sentences considering the obvious need for their urgent re-education and return to the law-abiding citizens. The author categorically looks positively at this subinstitution of criminal legislation and believes that in some way it allows criminal legislation to perform its protective, educational and preventive functions. It also notes that the list of currently available types of release for both adults and juveniles is quite limited, which does not allow to fully differentiate them according to the specifics of the criminal offense committed by each individual juvenile. A comparative analysis of the current criminal legislation with the draft of the new Criminal Code of Ukraine is carried out. It is stated that scientists have identified not only juveniles but also young people, which is also due to the European vision of the subject of the criminal offense. Most criminal legislations of the Member States of the European Union have a similar differentiation. It is concluded that despite the rapid development of criminal legislation and Ukraine itself, the legislative vision of the limits of criminal responsibility and punishment of juveniles remains almost unchanged. A study of the draft of the new Criminal Code of Ukraine showed that only the age of the subject of the criminal offense was revised, as well as certain features of punishment and release from it. At the same time, any fundamentally new alternative criminal-legal measures and means of interaction with juvenile offenders are not provided, which indicates that the juvenile criminal legislation of Ukraine is not yet fully compliant with European and international standards of justice according to juveniles who are in conflict with the law. Key words: juvenile, criminal liability, punishment, release from punishment and serving sentences, draft, new Criminal Code, European Union.

scholarly journals CREATING OF CRIMINAL-LEGAL PRESCRIPTIONS OF PARTICIPATING IN CRIMINAL CODE OF 1845 AND 1903

2017 ◽  
Vol 21 (2) ◽  
pp. 183-189
Author(s):  
A. I. Sitnikova
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Regulations ◽  
Legal Provisions ◽  
Prior Consent ◽  
The Law ◽  
Definition Of ◽  
Criminal Legislation ◽  
Legal Consequences

The paper is devoted to the consideration of the criminal legal regulations of the institution of criminal complicity, which are in the Criminal Code of 1845 and 1903. The author has conducted a comparative analysis of the legal provisions on criminal complicity and revealed some peculiarities of the legislative technique of constructing normative prescriptions on the criminal complicity in the legislation of the classical school of criminal law. The author also notes that the technique of constructing an institution of criminal complicity in the criminal legislation of the ХIХ-beginning of the XX century has long history and features of the development. The author notes that, unlike the Decree on punishments of criminal and executive 1845, in which there is no definition of complicity, the Criminal Code of 1903 contains a norm in which the signs of complicity in a crime are indicated. In the Decree of 1845 the legislator singled out two forms of complicity: complicity with prior consent and complicity without prior consent. Legislation on the forms of complicity in the Code of 1903 has been improved through the consolidation in the law of two more forms: participation in the community and complicity in the gang. At the same time, the normative text of the Code of 1845 is extremely difficult to formulate because there is no clarity, compactness. Besides there are repetitions and contradictions in the norms of complicity. In the Code of 1903, the author recognizes the norm, which regulates responsibility of the accomplices of the crime, as well as a regulation of the legal consequences on voluntary refusal of criminal complicity, to be effective. The author concludes that the Regulations of 1845 and 1903 are more effective in comparison with the previous criminal laws.

scholarly journals Objective Signs Act Done with Intent to Prevent Child Being Born Alive or To Cause It to Die After Birth: National and Indian Experiences

2021 ◽  
Vol 9 (11) ◽  
pp. 1132-1137
Author(s):  
Khudaykulov Feruzbek Khurramovich
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Causal Link ◽  
Material Structure ◽  
Criminal Offense ◽  
Formal Element ◽  
The Republic ◽  
Definition Of ◽  
Objective Side ◽  
Criminal Legislation

Abstract: The article analyzes the problems of qualification crime, connected with infanticide. the terms, used in formulation of crime under considering, which demands of unambiguous and luminous exposition are defined. this article illustrates the objective side of the crime structure and its facultative signs and their criminal legal significances belong to offence of infanticide , including the theoretical and practical problems of facultative signs of the objective side of the crime structure, which are specified in the criminal code of the republic of uzbekistan. in addition, proposals and recommendations for further improvement of the criminal legislation. also, in this article, the author analyzes offence of infanticide in national, foreign and Indian experiences. This article illustrates that the facultative signs of the objective side of the crime of offence of infanticide are specified in the Criminal Code as extenuating (qualifying) signs at the qualification of criminal offense and Objective signs of this crime consist in the unlawful deprivation life of a newborn child.On the objective side, the crime under article 99 of the criminal code of the Republic of Uzbekistan has a material structure. It can be committed either through action or inaction. A socially dangerous consequence must be in the necessary cause-and-effect relationship with the mother's act. Keywords: infanticide, criminal law, privileged formal element of a definition of crime, facultative signs of the objective side of the crime; the time, socially dangerous act; socially dangerous consequences; causal link

INTERNATIONAL PROTECTION OF THE SPHERE OF BLOCKCHAIN FUNCTIONING AGAINST CRIMINAL OFFENCES: LANDSCAPE, DYNAMICS AND PERSPECTIVES

2020 ◽  
Vol 13 (7) ◽  
pp. 133-138
Author(s):  
SONA MKRTCHIAN ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Information Technologies ◽  
Legal Protection ◽  
Criminal Code ◽  
International Protection ◽  
Criminal Offense ◽  
Telecommunications Network ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of the research is to identify the most successful ideas and legal techniques used in international law regarding regulations of defense against criminal offences in the sphere of cybersecurity, as well as blockchain functioning and cryptocurrency turnover. Results. On the basis of the positive international experience in regulating the criminal legal protection of relations in the last-mentioned sphere, the following directions for improving Russian criminal legislation were formulated: 1) fixation of the fair limits of the criminal administrative liability for defendant in reliance on the level of public danger of his personality and his offences; 2) creation of the formally defined crimes against computer information; 3) criminalization of some actions that precede cybercrimes; 4) expansion in the number of the mentioning of the sign "by interfering in the functioning of the resources of the storing, processing or transmitting computer information or data telecommunications network" as an essential or aggravating elements of crimes, typically committed with the use of information technologies (for example, in the articles number 133, 134, 135, 137, 138, 139, 146, 147, 163, 165, 240, 240.1, 241 of the Criminal Code of the Russian Federation, etc.); 5) expansion in the number of the elements of crimes combined in the chapter 28 of the Criminal Code of the Russian Federation, in reliance on the modern criminal schemes and typical criminal situations in the world of information technology; 6) expansion of the effect of the article number 274.1 of the Criminal Code of the Russian Federation on any criminal offense to the critical information infrastructure of the Russian Federation and inclusion of the additional aggravating elements in the text of this article.

Criminal-Legal Characteristics of Encroachment on the Health, Personal Integrity, Honor and Dignity of a Representative of the Authorities

2021 ◽  
pp. 96-103
Author(s):  
N. Yu. Borzunova ◽  
O. S. Matorina ◽  
E. P. Letunova
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Criminal Code ◽  
Personal Integrity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Criminal Legislation

The authors of the article consider the criminal- legal characteristics of crimes against representatives of the authorities, in particular, encroachment with the purpose of causing harm to the health, personal integrity, honor and dignity of a representative of the authorities. The definition of the term “representative of the authorities”is given. The main characteristics of a representative of the government are analyzed. Statistical data on the number of convictions and types of punishments in accordance with the provisions of articles of the Criminal Code of the Russian Federation (Articles 318, 319) are summarized. Examples of judicial practice are considered. The ways of improving the criminal legislation are proposed.

scholarly journals Euthanasia Formulation Policy in Indonesia's Criminal Legislation and Implications for Patient Life

2021 ◽  
Vol 04 (05) ◽  
Author(s):  
Indira Inggi Aswijati ◽  
Keyword(s):  
Criminal Code ◽  
Active Euthanasia ◽  
Passive Euthanasia ◽  
Mercy Killing ◽  
The Gift ◽  
The Law ◽  
Criminal Legislation

No religion is recognized in Indonesia that allows euthanasia to be carried out. Because indeed an action in English called mercy killing or murder based on mercy can also be said to be contradictory to its name, where in carrying out the manifestation of mercy it is precisely what is done is to take the life of man, the gift of the Almighty and should be respected and guarded. Formulation of Article 344 of the Criminal Code concerning euthanasia has a weakness, among others: The existence of elements: at the request of the person himself expressed with sincerity, which makes it difficult to prove and prosecute. Article 344 of the Criminal Code is about active euthanasia, whereas the law of passive euthanasia is not regulated. Delict euthanasia is an ordinary offense, and is not an offense, so it is demanded the tenacity and sharpness of the investigating apparatus and investigators to reveal whether an act of euthanasia has been committed.

scholarly journals EXCLUSION OF ILLEGALITY OF OFFENSIVE SPEECH GIVEN IN DEFENCE OF A RIGHT OR PROTECTION OF JUSTIFIED INTERESTS

2020 ◽  
pp. 093
Author(s):  
Danilo Kostić
Keyword(s):  
Criminal Code ◽  
Specific Reference ◽  
Scientific Article ◽  
Criminal Offense ◽  
Positive Law ◽  
National Courts ◽  
The Republic ◽  
Basic Features ◽  
Criminal Legislation ◽  
Offensive Speech

This scientific article analyzes the basic features and elements of the criminal offense of insult from the theoretical and normative aspect, with specific reference to the analysis of the conditions necessary for the application of the special legal ground for excluding illegality of offensive speech, stipulated in Article 170 (4) of the Criminal Code of the Republic of Serbia. Relying on the critical analysis of national criminal legislation and a brief review of national courts’ practice, the author points out to the contradiction of adopted legal standpoints when interpreting the disputed provisions, and emphasizes the importance of ensuring uniform and consistent court practice in this field. Proper and complete consideration of the criminal offense of insult, and especially the ground for excluding the illegality of the taken actions, stipulated in the provisions of Article 170 (4) of the Serbian Criminal Code, calls for precise interpretation of these provisions. Inadequate conduct of judicial bodies entails the possibility of convicting the perpetrator of the criminal offense of insult, even if the requisite conditions prescribed in the positive law have not been satisfied.

scholarly journals Urgensi Penyerapan Nilai Hukum Islam dan Hukum Adat dalam Pengaturan Tindak Pidana Perzinaan

2021 ◽  
Vol 4 (1) ◽  
pp. 125-157
Author(s):  
Usman Usman ◽  
Sri Rahayu ◽  
Elizabeth Siregar
Keyword(s):  
Marital Status ◽  
Criminal Code ◽  
Basic Form ◽  
Living Together ◽  
Customary Laws ◽  
Itu Model ◽  
The Law ◽  
Definition Of ◽  
The Impact ◽  
Husband And Wife

Reflecting on the impact of adultery, adultery is a despicable act that deserves to be criminalized. Even so, the prohibition on adultery in Article 284 of the Criminal Code does not cover every form of adultery as in the view of the law that lives in society as reflected in Islamic and customary laws. The model for the formulation of the criminal act of adultery in the 2019 Criminal Code Bill has adopted the definition of adultery from the law that lives in society, although it does not yet view the perpetrator's marital status and pregnancy as burdensome elements. Likewise, it does not criminalize women who with their consent commit adultery because of trickery, and lightly penalize the perpetrators of living together as a family without being married. Therefore, the model for the formulation of the criminal act of adultery in the upcoming Criminal Code Bill should take into account: a) the marital status of the perpetrator and pregnancy as elements that are burdensome for the crime; b) a woman who with her consent commits adultery because of a trick is both a victim and a perpetrator so that she can be convicted; c) persons who live together as husband and wife outside of marriage should receive a heavier punishment than the basic form of adultery. Abstrak Bercermin dari dampak perzinaan, maka perzinaan merupakan perbuatan tercela yang pantas dikriminalisasi. Meskipun demikian, larangan perzinaan dalam Pasal 284 KUHP belum mencakup setiap bentuk perzinaan sebagaimana dalam pandangan hukum yang hidup dalam masyarakat yang tercermin dari hukum Islam dan hukum adat. Model perumusan tindak pidana perzinaan dalam RUU KUHP tahun 2019 telah mengadopsi definisi zina dari hukum yang hidup dalam masyarakat, meskipun belum memandang status perkawinan pelaku dan kehamilan sebagai unsur yang memberatkan. RUU juga tidak mengkriminalisasi perempuan yang dengan persetujuannya melakukan perzinaan karena tipu muslihat, dan memidana ringan pelaku hidup bersama sebagai keluarga tanpa nikah. Oleh karena itu model pengaturan tindak pidana perzinaan dalam RUU KUHP mendatang sebaiknya memerhatikan: a) status perkawinan pelaku dan kehamilan sebagai unsur yang memberatkan pidana; b) perempuan yang dengan persetujuannya melakukan perzinaan karena tipu muslihat merupakan korban sekaligus pelaku sehingga dapat dipidana; c) orang yang melakukan hidup bersama sebagai suami istri di luar perkawinan seharusnya mendapat pidana lebih berat dibanding jenis perzinaan dalam bentuk pokok.

scholarly journals CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

ANALYSIS POLICE EFFORTS IN CLEAR HER NAME DUE TO FALSE ARREST ACCORDING TO ARTICLE 1, ITEM 23 ABOUT REHABILITATION ARREST CRIMINAL CODE

2015 ◽  
Vol 1 (2) ◽  
pp. 93-110
Author(s):  
Dadang Suprijatna
Keyword(s):  
Justice System ◽  
Descriptive Analysis ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Integral Approach ◽  
Criminal Offense ◽  
Penal Policy ◽  
The Law ◽  
The Right ◽  
Sense Of Justice

ABSTRACTPositions wrongly in Indonesia's criminal justice system was relatively less attention, and yet provide direct protection against the victim. Criminal law policy for the protection of victims of wrongful arrest of a criminal offense, used with an integral approach and balance between penal policies (penal policy) and non penal policy (non penal policy) in order to achieve the welfare of the community.  The method used in this research is a normative legal research methods descriptive analysis, which is intended to provide data as possible about a situation. In this case the intended data is data that can be used as research material, which is used to determine the various statutory provisions governing the authority of the police in restoring the good name of victims of wrongful arrests.  Rehabilitation described in Article 97 paragraph (1) as follows: "a right to obtain rehabilitation if the court acquitted or freed from all lawsuits whose decision has had permanent legal force."The consequences of the law in the case of wrongful arrests should not only for the victims be wrongly alone but ought to fulfill a sense of justice in society should also have the responsibility of police investigators alone. Legal responsibilities of law enforcement in this case that should be able to apply Article 1, point 23 of the Code of Criminal Procedure mentioned rights wrongly rehabilitation.  The conclusion of this study Accountability police investigators in arresting the suspect one of them is doing the rehabilitation of suspects, where rehabilitation is continued provision of compensation. If damages are set in the two chapters, rehabilitation arranged in one article only, namely Article 97 of the Criminal Procedure Code. Thus still expected to implementing regulations. Rehabilitation is the right person to get redress in capabilities, position and dignity and dignity given to the level of investigation, prosecution, or trial since been arrested, detained, charged, or prosecuted without reason that by law or by reason of a mistake as to the person or the law is applied.  Keywords: Clear Her, Name, False Arrest

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