THE SIGNIFICANCE OF THE SUBJECTIVE SIDE IN CYBERCRIMES’ CORPUS DELICTI

Keyword(s):  
2018 ◽  
Vol 28 (6) ◽  
pp. 2161-2165
Author(s):  
Hristo Ivanov Popnikolov

From the subject presented in the report it is evident that the pre-trial and the court bodies may, to some extent, be influenced both by the person of the accused and by his competence to participate in the criminal process. In this regard as an expert, the psychologist can offer invaluable assistance. Each expertise would assist all actors involved in the administration of justice on their objective assessment of the offenders, the understanding of their individual protection and the inherent self-justification during procedural actions. The involvement of psychologists in the criminal process is key to establishing the truth in the investigation, because every crime as an act has a subjective side, expressed in the psychic attitude of the perpetrator to the committed act. Establishing these psychological motives is a key point in the criminal process with a view to establishing the truth.Psychological protection stabilizes the personality in the critical conditions of counteraction, related to the elimination of the experiences of tension, anxiety, stress and frustration, leading to maximum mobilization of its resources and at the same time to their overpayment. Thus, the individual who is the subject of the process action is protected against the adverse external influences, but at the cost of a lot of effort and enormous loss of nervous-mental energy, which increases his own vulnerability instead of contributing to its reduction. The appearance and functioning of psychological protection can be significantly impeded by the interaction of the investigator with the accused. Even more complicated is the situation when it breaks the communication contact that may arise in the psychological alienation and self-isolation of the accused due to the desire to protect himself.Protective psychological dominance is a real psychic activity that investigators, investigators, investigators and judges need to take into account in order to effectively deal with their task and to overcome the resistance of the investigated persons and in a time to prove in a lawful and moral way their guilt and participation in the commitment of the crimes.


1994 ◽  
Vol 164 (S23) ◽  
pp. 103-107 ◽  
Author(s):  
John S. Strauss

In the mental health field, the attention given to the subjective side of a person's experience is grossly inadequate. The best way to reflect the subjectivity of a person may be by means of the subjectivity of another. To take account of both subjective experience and objective measures in the course of mental disorders, a new concept is needed. This may be the person's story.


Author(s):  
Yuriy Brazhin

This study is a study of the peculiarities of the subjective side of service and economic crimes in the framework of the implementation of the national project «Health» through the analysis of judicial acts, as well as the provisions of the domestic doctrine. The main result of the study was the identification of the author’s signs of the subject’s intent when committing socially dangerous acts in the area under consideration.


1975 ◽  
Vol 127 (6) ◽  
pp. 609-611 ◽  
Author(s):  
Joan Gomez

SummaryThe incidence of side-effects present 24 hours after electroconvulsive therapy was studied in 96 patients who between them received 500 treatments in a consecutive series. None of the side-effects occurred frequently: headache was experienced after 2·6 per cent and subjective memory impairment after 3 per cent of treatments. None of the unwanted effects held any serious physical threat. The aspect of ECT most disliked by the patients in this study, and mentioned by 16 per cent of them, was the fear of permanent memory upset.


Author(s):  
V.I. Tikhonov

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.


Author(s):  
Yu.V. Leka

The article substantiates the need to carry out a comparative legal analysis of Ukrainian and foreign legislation on fixing the motive of the crime and its criminal- legal significance. Comparative analysis of the laws of foreign countries is made taking into account the membership of countries in the legal systems. The research of the legal status of the motive of crime in the legislation of foreign countries was carried out on the basis of consideration of basic acts of criminal legislation approved at the state level by the higher legislative bodies of a state. The analysis of various approaches to determining the motive of the crime based on the works of foreign and domestic scientists. On the basis of consideration of normative legal acts of criminal nature of foreign countries, the main terms, which indicate the motive of the crime are defined. The basic approaches of fixing the motive of crime in the legislation of foreign countries are defined and the ways of improvement of the Ukrainian legislation in this matter are proposed. It has been established that the legislation of some countries clearly traces the role of motive as a circumstance aggravating punishment and as a sign that must be taken into account directly in sentencing. In spite of this, most countries still hold a position of indifference to the motive of the crime, recognizing it as a minor element of the subjective side of the crime. It is established that the position of the Ukrainian legislator on the optionality of the sign of motive among other constituents of the subjective side of the crime and the obligatory sign among the elements of evidence in the criminal process is quite logical and justified. But many aspects related to the motive for the crime must be refined. Ukrainian legislation, including criminal law, become more progressive every year and meets European standards.


2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Izziya Putri Ananda

World Muslimah is a beauty contest set up by Eka Shanty and aimed as a forum for women in veil to join the beauty queens contest, especially by highlighting the side of women’s spiritualism. However, the contest attracts criticism from online media, one of them is arrahmah.com, which is one of the popular online Islamic media with high number of visitors. This research aims to know the framing of arrahmah.com media against the World Muslimah beauty contest. The authors use Pan and Kosicki framing theory to analyze the media ideology to the construction of the reality that is raised. Methodically, this article is a qualitative study based on literature research. From this research, it can be seen from the media perspective through the subjective side of the author, which states that this a beauty contest event is not taught in Islam and women who follow the event is considered to have taken off her side of virtuousness.


2018 ◽  
Vol 52 (1) ◽  
pp. 84-104 ◽  
Author(s):  
Carolina Guerini ◽  
Eliana Alessandra Minelli

Purpose The purpose of this paper is to focus on the profile of DiDIYers and the antecedents of digital do it yourself (DiDIY) in Network Marketing Direct Selling Organizations (NMDSO). Design/methodology/approach A two-step research design allowed the detection of DiDIYers strictu sensu (i.e. digital makers). After collecting data about the attitudes and the actual use of digital technology (DT) by network marketers through an online survey, an open-ended interview technique made it possible to analyze the personal characteristics of DiDIYers, the motivations that drive them and the activities that mainly foster the creation of artifacts in the DT domain. Besides, it allowed to recognize the perceived benefits and the impact of DiDIY output on networkers’ downline and firms’ performance. Findings The results provide a preliminary profile of the DiDIYer in network marketing communities that is suitable for further comparative studies. More specifically, this exploratory study acknowledges the most important antecedents of DiDIY in digital literacy – including the awareness of being a digital literate and/or a potential appropriateur – and in organizational culture. Research limitations/implications This is an exploratory study based on a limited sample of DiDIYers, nevertheless it offers a preliminary view of the subjective side of the DiDIY phenomenon in network marketing and represents as well a context-bound study. Practical implications Considering the ascribed benefits of DiDIY output on the traditional network marketing objectives (effectiveness, efficiency, cohesion, mutual assistance and reinforcement) network marketing communities could benefit from an increase of attention to the topic. Originality/value The study throws light on the process of DiDIY within direct sales and network marketing activities by defining a preliminary profile of digital makers and thus, underlining a phenomenon neglected so far.


Author(s):  
Евгения Германовна Ветрова ◽  
Илья Александрович Васильев

В статье проводится сравнение положений ст. 184 УК РФ (Оказание противоправного влияния на результат официального спортивного соревнования) и соответствующих статей Дисциплинарного Регламента Федерации Хоккея России. Автор произвел сравнение составов анализируемых правонарушений: объекта, субъекта, объективной стороны и субъективной стороны и указал их сходства и отличия. The article compares the provisions of Article 184 of the Criminal Code of the Russian Federation (Illegal influence on the result of an official sports competition) and the corresponding articles of the Disciplinary Regulations of the Russian Ice Hockey Federation. The author compared the components of the analyzed offenses: the object, the subject, the objective side and the subjective side, and indicated their similarities and differences.


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