scholarly journals CONFISCATION OF PROPERTY AS A SANCTION IN LATVIA CRIMINAL LAW

2019 ◽  
Vol 3 (88) ◽  
pp. 47
Author(s):  
Dainis Mežulis
Keyword(s):  
Human Rights ◽  
Community Service ◽  
Criminal Law ◽  
Justice System ◽  
Special Property ◽  
State Ownership ◽  
Fundamental Rights ◽  
Legal Person ◽  
Criminal Penalty

The purpose of the paper is to analyze confiscation of property as a criminal penalty in  the criminal law of Latvia. According to the Section 42 of criminal law - confiscation of property is compulsory alienation of the property owned by a convicted person to the State ownership without compensation. Confiscation of property may be specified as an additional punishment to a deprivation of liberty or community service. Property owned by a convicted persons,  which they  have transferred to another natural or legal person, may also be confiscated. Confiscation of property may be specified only in the cases provided by Law. A court, in determining confiscation of property, shall specifically indicate which property is to be confiscated.At the same time - Chapter VIII.2 of criminal law has a very wide regulation of special property confiscation , that by law is not  a criminal penalty, but  a compulsory measure.The author believes that confiscation as a sanction must be excluded from law, as it is not in line with fundamental rights and is not efficient.Special confiscation and fine are more efficient and precisely regulated, which allow to respect human rights. Confiscation does not ensure balance between effectiveness and human rights with regards to general objectives of criminal justice system.

scholarly journals Pacienta autonomijas un integritātes aizsardzība tiesību aktos

2020 ◽  
Vol 3 (18) ◽  
pp. 28-42
Author(s):  
Aldis Lieljuksis
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
Criminal Law ◽  
Criminal Liability ◽  
Fundamental Rights ◽  
European Countries ◽  
Legal Norms ◽  
The Republic

Vairākās Eiropas valstīs – Polijā, Portugālē un Lihtenšteinā – paredzēta kriminālatbildība ne tikai par pacientam nodarītu kaitējumu veselības aprūpē, bet arī tad, ja ārstniecība veikta bez pacienta piekrišanas situācijās, kad tā bija nepieciešama, jo tādējādi ir prettiesiski aizskartas cilvēka pamattiesības. Pētījums veikts, lai noskaidrotu, kādās Latvijas Republikas Satversmes VIII nodaļas tiesību normās tiek garantēta personas autonomija un integritāte kā cilvēka pamattiesību neatņemama vērtība, kā arī ielasāma pacienta informētā piekrišana kā pacienta galvenais līdzeklis šo aizsargājamo interešu nodrošināšanā. Several European countries, for instance, Poland, Portugal and Liechtenstein, provide for criminal liability not only for harm to a patient in healthcare but also for treatment without the patient’s consent in situations where it was necessary because of an unlawful violation of fundamental rights. The study was conducted to find out which legal norms of Chapter VIII of the Satversme (the Constitution) of the Republic of Latvia guarantee autonomy and integrity of a person, as an integral value of fundamental human rights, as well as the patient’s informed consent as the patient’s main means of ensuring these protected interests. Whether the protection of these interests is sufficiently effective or should also be provided for in a separate provision of the Criminal Law will be clarified in another study.

scholarly journals Paradygmaty karania a badania osobopoznawcze sprawców przestępstw

2019 ◽  
Vol 51 ◽  
pp. 27-44
Author(s):  
Barbara Stańdo-Kawecka
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Scientific Literature ◽  
Clinical Method ◽  
Criminal Penalty ◽  
Scientific Disciplines ◽  
The Impact ◽  
Made In

Paradigms of punishment and diagnosis of offendersIn contemporary penology, efforts have been made in order to integrate knowledge about the criminal penalty developed within various scientific disciplines. One of the complex, multidisciplinary penological problems is the impact of paradigms of punish­ment on the diagnosis of offenders. The development of the concept of the diagnosis of offenders took place during the period of the domination of the positivist paradigm in criminal law and criminology. Currently, the development of the risk paradigm can be noticed. It causes, among others, a resignation from the traditional, clinical method of diagnosing offenders in favor of a risk and needs assessment by means of structured tools. The need for using such tools in the criminal justice system has increasingly been raised in the Polish scientific literature.

scholarly journals Islamic criminal procedure law: human rights issues

2020 ◽  
Vol 23 (10) ◽  
pp. 47-57
Author(s):  
Yusif Mamedov
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Due Process ◽  
Economic Status ◽  
Burden Of Proof ◽  
The Law ◽  
The Right

It has been established that harsh Islamic punishments are practically not applied due to the high burden of proof and the need to involve an exhaustive number of witnesses. It has been proven that the Islamic criminal justice system provides the accused with basic guarantees. It is noted that according to Sharia, Islamic crimes are divided into three categories: Hadd, Qisas and Tazir. It is noted that Islamic criminal law provides that the accused is not guilty if his guilt is not proven. It is noted that equality before the law is one of the main legal principles of the Islamic criminal model, as all persons are equal before the law and are condemned equally regardless of religious or economic status (lack of immunity). There are four main principles aimed at protecting human rights in Islamic criminal law: the principle of legality (irreversible action), the principle of presumption of innocence, the principle of equality and the principle of ultimate proof. In addition, the Islamic criminal justice system provides defendants with many safeguards, which are always followed during detention, investigation, trial and after trial. It is established that such rights are: 1) the right of every person to the protection of life, honor, freedom and property; 2) the right to due process of law; 3) the right to a fair and open trial before an impartial judge; 4) freedom from coercion to self-disclosure; 5) protection against arbitrary arrest and detention; 6) immediate court proceedings; 7) the right to appeal. It is noted that if a person is charged, he/she has many remedies It is noted that the trial must be fair, in which the qadi (judge) plays an important role. It has been established that, in addition to the procedural guarantees, the qualifications and character of the qadi, as well as the strict requirements of Islamic rules of proof, are intended to ensure a fair trial in the case of the accused. Adherence to these principles has been shown to indicate that the rights of the accused are fully guaranteed under Islamic criminal law.

scholarly journals Dear reader,

2019 ◽  
Vol 28 ◽  
pp. 1-1
Author(s):  
Jaan Sootak
Keyword(s):  
Intellectual Property ◽  
Criminal Law ◽  
Assisted Suicide ◽  
Criminal Liability ◽  
Legal Protection ◽  
Contract Law ◽  
Fundamental Rights ◽  
Legal Person ◽  
Medical Law ◽  
The University

A large proportion of the articles in Juridica International this year is dedicated to criminal law. A paper that truly addresses the issues of legal dogmatics in this field in depth with regard to delict of negligence was contributed by Laura Feldmanis. Raimo Lahti’s article on the criminal liability of a legal person is written from the standpoint of criminal and comparative law, while Frieder Dünkel’s approach to German sanction law should provide plenty of interest and joy of discovery for legal scientists and practitioners alike. Thomas Weigend’s submission, in turn, takes a rather unique look at the material element in criminal law and criminal procedure. He focuses his attention on truth and values. Andres Parmas has considered Estonian criminal law in relation to the dogmatics of international criminal law. All of these articles are an outgrowth of presentations made at a jubilee conference that took place at the University of Tartu. I would like to take the opportunity here to thank everyone who participated in the conference – especially, of course, the speakers. In addition, two articles on medical law had their beginnings in presentations at the conference. One of them, by Henning Rosenau, is squarely in the domain of classic medical law, bringing together discussion of human rights and of issues connected with reproductive medicine. The other medical-law article, by Henning Lorenz, draws particular attention to an addition to German criminal law that has made waves (and met a lot of criticism) in the fields of criminal law, medical law, and legal policy in general: criminalising assisted suicide. This topic has been subject to intense discussion also in the media of Estonia and other countries.  I can happily say on behalf of both myself and the editorial board that, at the same time, the new issue offers plenty to read also for those less interested in criminal and medical law. Self-driving cars are a matter of interest not only to engineers but also for lawyers. Taivo Liivak’s ‘What Safety are We Entitled to Expect of Self-driving Vehicles?’ considers some of the issues that we will soon face on the streets on a daily basis. Private law is represented in the article ‘A Half-built House? The New Consumer Sales Directive Assessed as Contract Law’. This piece on consumer protection and contract law was submitted by Kåre Lilleholt, who holds the title Doctor Honoris Causa from the University of Tartu. A paper jointly authored by Ilya Ilin and Aleksei Kelli, ‘The Use of Human Voice and Speech in Language Technologies: The EU and Russian Intellectual Property Law Perspectives’, examines the legal protection of intellectual property. The field of constitutional law is represented too, by Ivo Pilving’s presentation of an approach to fundamental rights in the context of European Union law in ‘Parallele Anwendbarkeit von Grundrechtecharta der EU und nationalen Grundrechten’. Still more colours are added to the legal palette by Märt Maarand, with his article ‘The Concept of Recovery of Credit Institutions in the Bank Recovery and Resolution Directive’, and by the paper ‘Is Full Preference for a Secured Claim in Insolvency Proceedings Justified?’, by Anto Kasak. 

Human Rights, Labour Rights, and Criminal Wrongs

2020 ◽  
pp. 210-228
Author(s):  
Virginia Mantouvalou
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Real World ◽  
Fundamental Rights ◽  
European Convention ◽  
Structural Determinants ◽  
European Court ◽  
Normative Significance ◽  
Private Actors ◽  
Civil Order

This chapter assesses the contribution of the criminal law in protecting the fundamental human rights of workers. Fundamental human rights identify the basic moral entitlements of workers. These entitlements have a special normative significance in the polity. Accordingly, serious violations of those entitlements by powerful private actors would seem to count as public wrongs against the polity’s ‘civil order’, as constituted by its most fundamental rights. The chapter discusses the position of criminal law under the European Convention of Human Rights (ECHR), and the interpretation of the state’s positive obligation to protect as encompassing a positive obligation to criminalize certain public wrongs against fundamental entitlements. This chapter also emphasizes how the European Court of Human Rights has developed an approach to criminalization that is sensitive to its effects in the real world. It is not sufficient to have criminal laws on the statute books. Those criminal laws must be investigated and enforced effectively, with adequate support and protection for victims, and the state also has a duty to dismantle the structural determinants of vulnerability such as those constituted by its own visa regimes.

2. Towards a framework for evaluating the criminal process

2019 ◽  
pp. 22-58
Author(s):  
Liz Campbell ◽  
Andrew Ashworth ◽  
Mike Redmayne
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Theoretical Framework ◽  
Fundamental Rights ◽  
European Convention ◽  
Criminal Process ◽  
System A ◽  
Different Parts

This chapter advances a theoretical framework for evaluating criminal procedure, while keeping in mind the links between the different parts and aspects of the criminal justice system. A rights-based theory of the criminal process should have the twin goals of regulating the procedures for bringing suspected offenders to trial to produce accurate determinations, and ensuring that fundamental rights are protected in those processes. This approach should be adopted in England and Wales—both on principle and because it is implicit in international documents such as the European Convention on Human Rights that still plays a fundamental role in English law. Separate objectives for dispositive decisions are also proposed, including the decision to divert a person from the criminal process without trial.

scholarly journals Regulacje normatywne dotyczące ochrony praw jednostki w irlandzkim procesie karnym

2019 ◽  
Vol 17 (1) ◽  
pp. 91-98
Author(s):  
Izabela Jankowska-Prochot
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Protection Of Human Rights ◽  
The Individual

This article aims to bring closer knowledge on respecting and protecting rights and freedoms of the individual in Ireland. The author presents the evolution of the source of Irish criminal law and criminal justice system in that country. The influence of the Convention for Protection of Human Rights is also discussed. The text is based on relevant Irish statues and opinions of the country’s jurisprudence.

scholarly journals Seeking Compatibility in Preventing Crime with Artificial Intelligence and Ensuring a Fair Trial

2021 ◽  
Vol 15 (1) ◽  
pp. 25-52
Author(s):  
Kelly Blount
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Criminal Law ◽  
Justice System ◽  
New Technologies ◽  
Fair Trial ◽  
European Convention ◽  
Presumption Of Innocence ◽  
Direct Effects ◽  
The Right

The justice system is increasingly reliant on new technologies such as artificial intelligence (AI). In the field of criminal law this also extends to the methods utilized by police for preventing crime. Though policing is not explicitly covered by Article 6 of the European Convention of Human Rights, this article will demonstrate that there can be adverse effects of policing on fair trial rights and make the analogy to criminal investigations as a recognized pre-trial process. Specifically, it will argue that policing that relies on AI to predict crime has direct effects on fair trial processes such as the equality of arms, the presumption of innocence, and the right to confront the evidence produced against a defendant. It will conclude by challenging the notion that AI is always an appropriate tool for legal processes.

scholarly journals The Criminal Liability of Corporations: A Step Forward in the Implementation of the United Nations Guiding Principles on Business and Human Rights

2019 ◽  
Vol 12 (1) ◽  
pp. 91
Author(s):  
Alejandro Sánchez González
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Justice System ◽  
Essential Role ◽  
Focal Point ◽  
Criminal Liability ◽  
Public Governance ◽  
Business And Human Rights ◽  
Protection Of Human Rights ◽  
Guiding Principles

The UN Guiding Principles on Business and Human Rights (UNGP) marked the end of a long journey towards regulating corporate conduct on this issue. However, they were conceived only as a focal point to guide public, corporate and civil governance towards the respect and protection of human rights. For this reason, the UNGP function as a common platform on which new rules and strategies should be developed. In this sense, as an element of public governance, Mexico adopted the criminal liability of corporations (CLC), which entered into force in 2016, along with the accusatory criminal justice system. Thus, since one of the purposes of criminal law is the subsidiary protection of legal assets —most of which have an underlying fundamental right—, the purpose of this article is to determine whether or not Mexico’s adoption of the CLC enhances the implementation of the UNGP, and if so, to evaluate its scope and limitations. After scrutinizing the UNGP in light of the regulation of the CLC in Mexico, the author argues that, although its performance can be optimized in many ways, the CLC plays an essential role in the area of business and human rights, not only for its direct contributions, but also for the interaction it generates with corporate and civil governance.

scholarly journals Victims’ rights are human rights: The importance of recognizing victims as persons

Temida ◽  
2012 ◽  
Vol 15 (2) ◽  
pp. 71-83 ◽  
Author(s):  
Jo-Anne Wemmers
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Crime Victims ◽  
The State ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Right

In this paper the author argues that victims? rights are human rights. Criminal law typically views victims as witnesses to a crime against the state, thus shutting them out of the criminal justice process and only allowing them in when they are needed to testify. This is a major source of dissatisfaction for victims who seek validation in the criminal justice system. Victims are persons with rights and privileges. Crimes constitute violations of their rights as well as acts against society or the state. While human rights instruments, such as the Universal Declaration of Human Rights, do not mention crime victims specifically, a number of rights are identified, which can be viewed from the victim?s perspective. As individuals with dignity, victims have the right to recognition as persons before the law. However, such rights are only meaningful if they can be enforced.

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