scholarly journals Objective and Subjective in Social Danger of Crime

2019 ◽  
pp. 51-60
Author(s):  
Lyubov Lobanova ◽  
Alexey Rozhnov
Keyword(s):  
Criminal Law ◽  
Cognitive Activity ◽  
Special Kind ◽  
Criminal Code ◽  
Point Of View ◽  
The Public ◽  
The Social ◽  
The Law ◽  
Subjective Phenomenon ◽  
Type Of Behavior

Social danger as a sign of crime was traditionally included in its definition in the Soviet criminal laws and is also mentioned in Part 1 of Article 14 of the current version of Criminal Code. However, with considerable attention to legal science, paid to the knowledge of this phenomenon, the social danger is not a fully studied phenomenon. Thus, the dialectic of the relation between the objective and the subjective in the social danger did not receive a uniform resolution. Social danger is the characteristic of human behavior, assessed by other people through their perceptions of the dangerous and useful, and it leaves its mark when applying the categories of objective and subjective. Being a subjective reality according to the source of its origin (man) and the product of human consciousness, social danger, however, exists objectively - in supra-individual forms and connections that form a society in the system. Hence the social danger is a special kind of objectively subjective phenomenon. The objectivity of public danger is also indicated by the fact that it is the subject of the cognitive activity of the legislator and can exist outside the legal field, without prohibiting the corresponding type of behavior in the law. The subjective properties are growing in social danger through the knowledge of the public danger of an act by the subjects united by the collective notion "legislator". Moreover, subjectivity increases as a result of mistakes made by the legislator,it's a kind of lawmaking "negligence". Acts reflected in criminal law are not always socially harmful from the point of view of the whole society. There are also prohibitions that protect purely class and group interests, which also expand the scope of the subjective in the analyzed phenomenon. The Law initially arose to protect people from themselves, as a condition of their reproduction. At the same time, even with the human development, this mission of the law still exists, and there is always a certain proportion of "eternal crimes" in the law, which is prohibited to commit in order to protect fundamental human values (life, health, sexual freedom and integrity, property). However, in the criminal law of any society there is a so-called "variable part", where prohibitions declare certain actions to be socially dangerous only at a certain stage of the state's historical development. The combination of "eternal" and "variable" crimes in criminal law also indicates the objectively subjective nature of the phenomenon of public danger.

scholarly journals Invisible victims of induced abortions in the kingdom of Yugoslavia in the 1930s

Temida ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 345-358
Author(s):  
Kristina Jorgic-Stepanovic
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Regulations ◽  
Political Position ◽  
The Social ◽  
The Press ◽  
Induced Abortions ◽  
The Subject ◽  
Kingdom Of Yugoslavia

The author gives a detailed analysis of the 1929 Criminal Code paragraphs that pertain to abortion. Analyzing the social indications, the paper also explains the methodological inability to determine the precise number of abortions performed during the 1930s. However, the subject of this paper is not solely an exploration of legal regulations on abortions, but rather the identification of the treatment of women in the Yugoslav Kingdom?s Criminal law from this point of view. Considering that the problem of induced abortions was approached from the existing conservative- patriarchal socio- political position, the press was often the key source for analyzing and documenting this problem. Precisely because of this fact, the paper presents an affair that revolved around the work of gynaecologist Pance Stojanovic in mid-summer 1936. This case showed the deep corruption of the Yugoslav society, but also the involvement of various representatives of power in this affair. It turned out that the patients were women from different backgrounds, but that girls and women from affluent families were far more numerous. Faced with the increasing number of fatalities following induced abortions, doctors at the 17th Congress of the Serbian Medical Association called for changes to the articles of the Yugoslav Criminal Code relating to abortion.

scholarly journals OFFENSE - THE ONLY GROUND FOR CRIMINAL LIABILITY

2014 ◽  
Vol 8 (4) ◽  
pp. 149-156
Author(s):  
Laura-Roxana Popoviciu
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Rule Of Law ◽  
The Social ◽  
The Law

This study aims to examine the offence as the only ground for criminal liability. Article 15, paragraph 2 of the Criminal code provides that: “offences are the only grounds for criminal liability”, which implies the existence of an act, which is detected by the bodies empowered under the law in the form required by law, and also this principle comes as a guarantee of the person’s freedom because, without committing an act provided for by the law as an offense, the criminal liability cannot exist.The criminal liability is one of the fundamental institutions of the criminal law, together with the institution of the offence and of the sanction, set in the various provisions of the Criminal code.As shown in the Criminal code, in Title II regarding the offence, there is a close interdependence among the three fundamental institutions. The offence, as a dangerous act prohibited by the criminal rule, attracts, by committing it, the criminal liability, and the criminal liability without a sanction would lack the object. It obliges the person who committed an offence to be held accountable for it in front of the judicial bodies, to bide the sanctions provided for by the law, and to execute the sanction that was applied.The correlation is also vice-versa, meaning that the sanction, its implementation, cannot be justified only by the existence of the perpetrator’s criminal liability, and the criminal liability may not be based only on committing an offence.The criminal liability is a form of the judicial liability and it represents the consequence of non-complying with the provision of the criminal rule. Indeed, the achievement of the rule of law, in general, and also the rule of the criminal law implies, from all the law’s recipients, a conduct according to the provisions of the law, for the normal evolution of the social relations.

scholarly journals SOCIAL CONDITIONALITY OF THE CRIMINAL-LEGAL PROHIBITION OF HOOLIGAN ACTIONS

2021 ◽  
Vol 75 (2) ◽  
pp. 74-87
Author(s):  
Yehor Nazymko ◽  
◽  
Dmytro Demchyshyn ◽  
Keyword(s):  
Criminal Law ◽  
Social Order ◽  
Criminal Code ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Research Attention ◽  
Full Compliance ◽  
The Social ◽  
Similar Intensity ◽  
Discretionary Powers

The article examines the social conditionality of the criminal-legal prohibition of hooligan actions. The expediency of analyzing the social conditionality of the criminal-legal prohibition of hooligan actions as a cross-cutting criminal legal category is substantiated, taking into account the systemic connections between all elements of crimes, a constructive feature of which is hooliganism. Taking into account the peculiarities of the appointment of normative prescriptions of the Criminal Code of Ukraine, prohibiting hooligan actions in the system of criminal law regulation, a system of circumstances of social conditionality of the criminal law prohibition of hooligan actions has been determined: historical; predictive; technical and legal. As a result of the study, it was established that the criminal-legal prohibition of hooligan actions at the level of the existence of Art. 296 of the Criminal Code of Ukraine, fully socially conditioned. With regard to historical circumstances, the same act of «hooliganism» is artificial for Ukraine from a historical point of view, the criminal law prohibition does not correspond to the Ukrainian mentality, ordinary citizens in most cases do not perceive hooliganism as a crime, hooliganism does not fully fit into the modern paradigm of the development of social relationship. During the study of the prognostic circumstances of the criminal law prohibition of hooligan actions, research attention is focused on the social danger of this act (two main criteria are the object of the crime and the intensity of the criminal encroachment). It has been proved that through the abstractness of understanding social order, there is a difficulty in its perception as an object of hooliganism. With regard to the intensity of hooligan actions, other types of related crimes have a similar intensity (with inherent signs of gross violation, obvious disrespect for society, insolence and exceptional cynicism). Therefore, it is virtually impossible to assess this indicator of public danger. It is proved that the qualifying signs of hooliganism do not correspond to the signs of consistency and normative consistency. For other elements of political circumstances (except for the availability of resources), it is also established in full compliance. Based on the study of the technical and legal circumstances of the criminal-legal prohibition of hooligan actions, it was stated that the wording of Art. 296 of the Criminal Code of Ukraine inherent inaccuracies in wording. This, in general, leads to the existence of a contradiction between the norms of the Criminal Code of Ukraine, endows the court and law enforcement agencies with excessive discretionary powers.

scholarly journals HUKUM PIDANA DAN KAITANNYA DENGAN PENGGUNAAN MEDIA SOSIAL

to-ra ◽  
2015 ◽  
Vol 1 (1) ◽  
pp. 67
Author(s):  
Natasya Serepina Parhusip
Keyword(s):  
Social Media ◽  
Criminal Law ◽  
The Internet ◽  
Public Response ◽  
The Public ◽  
Use Of Technology ◽  
The Social ◽  
The Law ◽  
The Relationship ◽  
Good Number

To date the growing use of technology is evidenced by the mushroomed of of a good number of social media such as Facebook, Twitter, Path, MySpace and so on. The public response towards the existence of the social media can be seen in the increasing number of social media users. Utilizing social media, everyone has freedom to express themselves through activities on the internet such as making comments and uploading various things. Despite its advantages, social media has sometimes become a stumbling block for users. One of the frequent issues arising in the usage of social media is offensive acts as a result of the activities in the social media. Therefore, the knowledge as to what extent users can express its aspiration in the social media is important which is strongly related to the law education to public. This paper elaborates cases of offensive acts occurred in the social media which are considered against the law particularly in Indonesian contexts. This paper further tries to analysis the relationship between the rule of criminal law and the cyberlaw in Indonesia.   Kata kunci : Hukum Pidana dan Media sosial

scholarly journals QUALIFICATION OF CRIMINAL OFFENSES: THE PROBLEM OF DEFINITION AND METHODOLOGICAL ASPECTS OF THE RESEARCH

2021 ◽  
pp. 125-131
Author(s):  
K. M. Orobets
Keyword(s):  
Criminal Law ◽  
Cognitive Activity ◽  
Special Kind ◽  
Practical Aspect ◽  
Point Of View ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Comprehensive Development ◽  
Definition Of ◽  
Methodological Aspects

The article is devoted to the study of the qualification of criminal offenses. It has been established that this concept is used in criminal and criminal procedural legislation, but there is no formal definition of it. In the science of criminal law, there are different approaches to understanding the concept of qualifications. Based on the analysis of these approaches, the definition of the qualification of criminal offenses has been formulated. According to the author, the qualification of criminal offenses is a process of knowledge and evaluation by the authorized subject of the factual features of a socially dangerous act, isolation of legally significant ones and establishing their compliance with the legal features of a particular corpus delicti of criminal offense, including its distinction from other criminal offenses and from acts that are not criminally illegal, as a result of which the conclusion on the criminal law norm to be applied is substantiated and documented. The main methodological aspects of the study of the qualification of criminal offenses, such as praxeological, epistemological, axiological, hermeneutical, logical, practical, are highlighted. From the point of view of praxeology, the qualification of criminal offenses is considered as a special kind of human, and in particular legal, activity. In the epistemological aspect, the qualification of criminal offenses is the cognitive activity of the law enforcer. In the axiological aspect in the process of qualification the assessment of factual signs and the committed act as a whole is carried out, and also in the presence of estimation concepts in criminal law their maintenance is defined. The hermeneutic aspect of the study of the qualification of criminal offenses is to study the understanding and interpretation of criminal law. The comparison of the factual features of the committed act and the features of the specific composition of the criminal offense should be carried out using the laws, forms and methods of logic. The practical aspect of the study of the qualification of criminal offenses covers the material and procedural problems of accuracy, correctness of qualification in terms of content and form. It is concluded that the study of these aspects contributes to a deeper understanding of the concept under study. The multidimensional approach to the qualification of criminal offenses contributes to the further comprehensive development of qualification rules and substantiation of proposals for improving the practice of applying the criminal law.

scholarly journals Kebijakan Kriminalisasi Perbuatan Curang oleh Advokat dalam RUU KUHP (The Policy on Criminalization of Fraudulent Acts by Advocates in the Criminal Code Bill)

2020 ◽  
Vol 11 (2) ◽  
pp. 145-165
Author(s):  
Prianter Jaya Hairi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Assistance ◽  
Public Attention ◽  
Judicial Process ◽  
Normative Study ◽  
The Public ◽  
Fundamental Values

The idea of criminalization of fraudulent acts by advocates in the judicial process has received public attention, especially from advocates. The criminal law norms regarding fraudulent acts by advocates in the Criminal Code Bill (CCB) raise many questions from the point of view of the criminalization policy. This study aims to analyze the criminalization policy against these acts in the CCB. This study is a juridical-normative study with descriptive-analytical methods. The discussion concluded that fraudulent acts by advocates in the form of “playing two feet” and actions “influencing parties in the law enforcement process with or without compensation” are actions that are not following the fundamental values prevailed by the public and also considered punishable. This arrangement aims to protect clients who request legal assistance services. The formulation of this regulation then becomes regulated to complement the criminal law norms related to the existing advocate profession. However, from the aspect of offense formulation, there are still things that need to be addressed so as not to cause multiple interpretations during its implementation, especially in relation to Article 282 of the CCB. AbstrakGagasan mengenai kriminalisasi terhadap perbuatan curang oleh advokat dalam proses peradilan mendapat perhatian masyarakat, terutama dari kalangan advokat. Norma hukum pidana mengenai perbuatan curang oleh advokat dalam RUU KUHP menimbulkan banyak pertanyaan dari sudut pandang kebijakan kriminalisasi. Kajian ini bertujuan untuk menganalisis kebijakan kriminalisasi terhadap perbuatan tersebut dalam RUU KUHP. Kajian ini merupakan penelitian yuridis-normatif dengan metode analisis yang bersifat deskriptif analitis. Pembahasan di antaranya menyimpulkan bahwa perbuatan curang oleh advokat dalam bentuk perbuatan “main dua kaki” dan perbuatan “mempengaruhi pihak-pihak dalam proses penegakan hukum dengan atau tanpa imbalan” merupakan perbuatan yang tidak sesuai dengan nilai-nilai fundamental yang berlaku dalam masyarakat dan dianggap oleh masyarakat patut untuk dihukum. Pengaturan ini bertujuan untuk melindungi klien yang meminta jasa pendampingan hukum. Rumusan pengaturan ini kemudian menjadi diatur untuk melengkapi norma hukum pidana terkait profesi advokat yang ada selama ini. Namun dari aspek formulasi delik, masih ada yang perlu dibenahi agar tidak menimbulkan multitafsir saat penerapannya, khususnya terkait dengan Pasal 282 RUU KUHP. 

scholarly journals Reform of criminal Code and Requirements building of Good Governance

2016 ◽  
Vol 2 (4) ◽  
pp. 9
Author(s):  
Hassan Abd-Ali Isa
Keyword(s):  
Criminal Law ◽  
Good Governance ◽  
Criminal Policy ◽  
Criminal Code ◽  
Penal Code ◽  
Political Transformations ◽  
The Social ◽  
Dialectical Relationship ◽  
The Law ◽  
The One

The law is a key input for the establishment of good governance, it is no guarantee the rule of law cannot achieve good governance in the community requirements. So the law must be responsive to the objectives which aims to achieve good governance on the one hand, and the line with the social, economic and political transformations concurrent with his other hand. This dialectical relationship assumes without doubt the various branches of law reform, including the Iraqi Penal Code No. 111 of 1969. The purpose statement that includes research on two aspects, the first focuses on clarifying dialectical relationship between good governance and reform of the Penal Code. The second shows the main directions of the reform of the Iraqi Penal Code No. 111 of 1969, with a focus on the most important, in the light of contemporary criminal policy. It is limited to the (humanization of the criminal law), and (expand criminalization circle), and (internationalization of the criminal law).

Obedience to Superior Order and Corporal Punishment as an Educational Method

1996 ◽  
Vol 30 (1-2) ◽  
pp. 154-160
Author(s):  
Knut Amelung
Keyword(s):  
Corporal Punishment ◽  
Criminal Law ◽  
First Principles ◽  
Criminal Code ◽  
Point Of View ◽  
Criminal Offence ◽  
Educational Method ◽  
German Scholar ◽  
The Law ◽  
Do So

My lecture deals with three loosely connected topics, which are treated together in German textbooks.1. Acts authorized by law as mentioned in article 49, section 1, of the draft.2. Acts on the order of an authority, as mentioned in article 49, section 2, of the draft.3. Acts for the purposes of education, as mentioned in article 49, section 5, of the draft.Initially, a German scholar would be tempted to view the provision in article 49, section 1, as redundant. From a German point of view, it is evident that someone, who is authorized by law to act in a certain way, does not do so unlawfully. One of the first principles German students learn in their criminal law lectures, is that every act permitted by statute is in effect the justification of what is by definition a criminal offence. This is derived from a principle, which we call “unity of law”. This means that there may not be any contradictions in the law, and that an act permitted by it cannot also be forbidden by criminal code.

scholarly journals Obscenity

1969 ◽  
pp. 172
Author(s):  
Richard G. Fox
Keyword(s):  
Criminal Law ◽  
Detailed Examination ◽  
Criminal Code ◽  
Law Reform ◽  
Federal Legislation ◽  
Project Staff ◽  
The Subject ◽  
The Law ◽  
Subjective Phenomenon ◽  
Code Provisions

The project staff ofthe Prohibited and Regulated Conduct Project of the Law Reform Commission of Canada state that the uncertainty of the law of obscenity the unevenness of its interpretation and application throughout Canada, and the question of its relevanceasa constituent partofthe criminal law prompted this extensive considerationofwhether the existing law is in need of reform. In his introduction, Professor Fox elaborates on the two fundamental difficulties at the rootofthe problem: first, that obscenity is an inescapably subjective phenomenon; and second, the law's own indeterminacyofaim. He then scrutinizes the plethora of possible subjectmatterfor obscenity and its dissemination; and he proceeds to a consideration of whether the suspectmaterialis obsceneper seorvariable according to susceptibility of the audience. Six possible justifications are offered for legislative prohibitions on obscenity; eachofthese areveryclosely examined and most are found to be tenuous at best. After a rather detailed examination of the cases on the Criminal Code provisions, other Federal legislation touching on the subject of obscenity, and the necessaril11 incidental consideration of defenses and expert witnesses, Professor Fox weighs the possible alternatives to the present law. There cannot, of course, be any definitive answers.

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

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