UNDERSTANDING OF MEDICAL COERCIVE MEASURES IN CRIMINAL LAW

2019 ◽  
pp. 262
Author(s):  
Rudīte Timofejeva
Keyword(s):  
Mental Disorder ◽  
Criminal Law ◽  
Legal Framework ◽  
Point Of View ◽  
Theoretical Point ◽  
Criminal Offence ◽  
Coercive Measures

Medical coercive measures. The topic, which is actual in Latvia, has not been studied widely, because there are enough cases in the daily world where a person is not criminally prosecuted due to mental disorder or mental backwardness, i.e. not punished for committing a criminal offence, but is treated under appropriate conditions. The fundamental principles of psychiatric assistance in the application of coercive measures of a medical nature are legality, humanity, respect for the rights of man and citizen. Describe and investigate the nature, purpose, legal framework and existing forms of application of coercive measures of a medical nature in the sense of criminal law from a theoretical point of view.

scholarly journals The Carles Puigdemont Case: Europe's Criminal Law in the Crisis of Confidence

2018 ◽  
Vol 19 (6) ◽  
pp. 1349-1358
Author(s):  
Stefan Braum
Keyword(s):  
Criminal Law ◽  
German Law ◽  
Legal Framework ◽  
Criminal Offence ◽  
Arrest Warrant ◽  
Legal Response ◽  
Court Of Justice ◽  
European Court ◽  
European Arrest Warrant ◽  
European Criminal Law

AbstractThe case of Carles Puigdemont underlines that European criminal law is in a crisis of confidence. The Higher Regional Court of Schleswig-Holstein has rejected a Spanish European arrest warrant for the criminal offence of rebellion because it lacks double criminality. It applied German law de lege artis without, however, questioning the European legal framework. The case would have provided an opportunity to refer the matter to the European Court of Justice for a preliminary ruling in order to further specify the European law criteria of double criminality. This would have been the adequate legal response to a politically explosive case. In the end, the Spanish judiciary sees itself disavowed and the system of the European arrest warrant called into question.

scholarly journals Тhe institute of confiscation of property in Russian criminal law. Lessons of combating proceeds of crime in the assessment of the Supreme Сourt of the Russian Federation

2018 ◽  
pp. 22-30
Author(s):  
Yu. K. Krasnov
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Plenary Session ◽  
Legal Framework ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Practice ◽  
The Supreme Court ◽  
The Russian Federation

Introduction. May and June 2018 saw intensi­fied discussions in Russia around the issue of confis­cation of property obtained by criminal means. These discussions arose after several initiatives of legisla­tors who advocated the strengthening of the role of this institution of criminal law in the legal practice in Russia and after the Supreme Court of the Rus­sian Federation summarized the experience of the use of confiscation in the practice of Russian courts and formulated some recommendations for the courts in the decision of the plenary session of June the 14th .  Materials and methods. The article uses a number of research methods and techniques to ana­lyze the problem such as analysis that allows isolat­ing the trends in the development of the institution of confiscation; comparison which allows evaluating homogeneous processes at different stages of the in­stitute of confiscation of property acquired by crimi­nal means, and generalization which is necessary to summarize the results of the research.  Research results. The use of the institution of confiscation of property obtained by criminal means in the legal practice of Russia has passed several stages. The modern stage began after the institution was restored in the criminal code of the Russian Fed­eration by the Federal law of July 27, 2006 № 153FZ and section VI of the Criminal Code was supple­mented by Chapter 15.1 “Confiscation of property”. This Chapter contains the legislative definition of the confiscation of property (article 104.1 of the Crimi­nal Code) and an indication of the subject of confis­cation, its types and conditions.  Based on the decisions of the plenums of the Su­preme Court of the Russian Federation the article analyzes the practice of this institution in the activi­ties of Russian courts. 12 years of experience in the application of Chapter 15.1 of the Criminal Code, showed that, despite the repeated explanations of the Supreme Court, which dealt with individual crimes, some of the controversial issues remained unre­solved. In this regard the Plenum of the Supreme Court introduced a number of proposals to improve the legal framework of this institution in the draft Resolution.  On June 14th , 2018 the next plenary Session of the Supreme Court of the Russian Federation ad­opted a new detailed resolution on the practice of application of Chapter 15.1 of the Criminal Code and proposed detailed recommendations to improve the application of the institution of confiscation of property obtained by criminal means in the Russian Federation, which are considered and commented on in the article.  Discussion and conclusion. Legal literature discussed the innovations in the Russian legislation related to the institution of confiscation of property obtained by criminal means caused in a very active mode. The views of the authors of articles on this is­sue can be divided into two parts with each havinga lot of supporters. According to the first of them the new place of confiscation of property among the mea­sures of criminal law is justified.  Supporters of the opposite point of view sup­port the exclusion confiscation of property from the system of measures of criminal law as they believe that the legal nature of the confiscation of property belongs to a form of criminal punishment. This is the opinion of the judges. Two-thirds of the judges believe that the confiscation of property should be considered as an additional form of punishment.

scholarly journals LEGAL REGULATION OF CROSS-BORDER BANKRUPTCY OF LEGAL ENTITIES

2021 ◽  
Vol 9 (10) ◽  
pp. 1345-1350
Author(s):  
Azamat Ergashev ◽  
Keyword(s):  
Rapid Development ◽  
Analytical Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
Point Of View ◽  
Private Law ◽  
Theoretical Point ◽  
Cross Border ◽  
International Private Law ◽  
Legal Entities

The last decade has been marked by the rapid development of International private law within the framework of globalization and unification of norms. Therefore, in the international community, the issue of interethnic application and harmonization of rules and norms for individual emerging legal relations becomes acute. This article examines the issue of legal regulation of cross-border bankruptcy of legal entities. In particular, the author provides a number of statistics and analytical data from a number of countries (developed and developing) in order to substantiate the point of view on this issue.Moreover, the author examines foreign law enforcement practice and the legal framework on bankruptcy and insolvency of legal entities. Considering the bankruptcy procedure, the author comes to the conclusion that this issue has not been sufficiently studied both from a theoretical point of view and from a practical one. Within the framework of this study, sufficient arguments are made to accelerate the resolution of conflicts in International private law. As a result, the author gives some conclusions and suggestions applicable both in the Republic of Uzbekistan and in other states.

Constitutionalization of Substantive Criminal Law: A Realistic View

1999 ◽  
Vol 33 (3) ◽  
pp. 720-728
Author(s):  
M. Kremnitzer
Keyword(s):  
Criminal Law ◽  
Judicial Review ◽  
Real Life ◽  
Case Law ◽  
Point Of View ◽  
Theoretical Point ◽  
Realistic View ◽  
Short Essay ◽  
The Guardian ◽  
Principle Of Legality

The purpose of this short essay is to examine how the constitution could contribute in the area of substantive criminal law. We should distinguish between two levels: the theoretical level and the realistic level. From a theoretical point of view, a lot could be expected from judicial review. The reason is the very broad gap between the principles of criminal law and the norms and real life of criminal law. Judicial review can function as a guardian — perhaps the guardian of the principles of criminal law.To exemplify the gap between criminal law in theory and criminal law in practice, it is sufficient to mention three issues: Criminal law in theory is an instrument of last resort, but the reality of criminal law is that it is often an instrument of first resort. Secondly, in theory, the most basic principle of criminal law is the principle of legality, of prior warning, but when we read the statutory provisions of criminal law we understand that the citizen is not the real addresee of these norms. When we read case law in criminal law, we find out that real interpretation in criminal law has very little to do with prior warning.

scholarly journals THE IMPORTANCE OF VOICE IDENTIFICATION IN THE WITNESS RECOGNITION PROCEDURE

TEME ◽  
2020 ◽  
pp. 1157
Author(s):  
Jadranka R Otašević ◽  
Saša Atanasov
Keyword(s):  
Voice Recognition ◽  
Legal Framework ◽  
Point Of View ◽  
Theoretical Point ◽  
Witness Testimony ◽  
Voice Identification ◽  
Procedure Code ◽  
The Republic ◽  
Direct Recognition ◽  
The Voice

From a theoretical point of view, this paper considers the evidentiary action of recognizing the voice of the perpetrator by the witness. It is the identification of the voice by a person who is usually an "unprofessional listener". Due to the specificity of the voice as an object of recognition, the involvement of forensics (linguists and phoneticians) in the organization and immediate realization of the voice recognition action seems inevitable. Their activity would be manifested in giving guidance to the authority on how to increase the efficiency of voice identification and the accuracy of witness testimony. The witness gives evidence based on his perceptual (auditory) abilities in a procedure prescribed by the law, in which the credibility of his/her testimony is simultaneously checked and assessed. The Criminal Procedure Code of the Republic of Serbia establishes the legal framework for taking the voice recognition action, while the content of performing the direct recognition action is determined by the criminal-tactical rules.

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 Granice mocy wiążącej wyroków karnych w postępowaniu cywilnym

2016 ◽  
pp. 127-152
Author(s):  
Radosław Koper
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Complex Problem ◽  
Legal Rule ◽  
Point Of View ◽  
Criminal Offence ◽  
Criminal Proceedings ◽  
Binding Force ◽  
Civil Proceedings ◽  
Scope Of Application

The paper is a study of binding force of criminal court’s judgement in civil proceedings, related to issue of applying of the article 11 of the Code of Civil Procedure. The aim of the paper is an attempt to delineate model boundaries of binding of criminal court’s judgement in civil proceedings, in connection with applicaton of such relevant legal regulation. The author focuses on the presentation of the most important threads arising from need to take into account factual situation related to commission of a criminal offence contained in a conviction. The existing normative regulation has been examined and its defects identified. The analysis is connected with consideration of such complex problem from the point of view of recent changes in the amending concerning criminal proceedings and criminal law too. Gathering the tesis specified in article, the author notes that regulation mentioned above doesn’t create legal rule on the clear scope of application

Timber Auctions in the Context of the Modern Auction Theory

2007 ◽  
pp. 86-94
Author(s):  
A. Manakov
Keyword(s):  
Theoretical Analysis ◽  
Auction Theory ◽  
Point Of View ◽  
Theoretical Point ◽  
English Auction ◽  
Analysis And Evaluation

The article provides theoretical analysis and evaluation of the timber auctions reforms in Russia. The author shows that the mechanism of the "combined auctions", which functioned until recently, is more appropriate from the theoretical point of view (and from the point of view of the Russian practice) as compared to the officially approved format of the English auction.

A novel cryptosystem based on abstract automata and Latin cubes

2015 ◽  
Vol 52 (2) ◽  
pp. 221-232
Author(s):  
Pál Dömösi ◽  
Géza Horváth
Keyword(s):  
Block Cipher ◽  
Finite Automata ◽  
Theoretical Background ◽  
Point Of View ◽  
Theoretical Point ◽  
Transition Matrices ◽  
Encryption And Decryption ◽  
Secret Keys ◽  
Automata Network ◽  
Fully Functioning

In this paper we introduce a novel block cipher based on the composition of abstract finite automata and Latin cubes. For information encryption and decryption the apparatus uses the same secret keys, which consist of key-automata based on composition of abstract finite automata such that the transition matrices of the component automata form Latin cubes. The aim of the paper is to show the essence of our algorithms not only for specialists working in compositions of abstract automata but also for all researchers interested in cryptosystems. Therefore, automata theoretical background of our results is not emphasized. The introduced cryptosystem is important also from a theoretical point of view, because it is the first fully functioning block cipher based on automata network.

Graffiti als Version und Subversion–Praxen kultureller Re-Regulierung und die Möglichkeit von Gratiforschung

2010 ◽  
Vol 55 (2) ◽  
pp. 11-25 ◽  
Author(s):  
Bernd Dollinger
Keyword(s):  
Social Life ◽  
Point Of View ◽  
Theoretical Point ◽  
Research Practice ◽  
Wird Eine ◽  
Multiple Perspectives

Der Beitrag geht von Versuchen aus, integrative Perspektiven einer überaus heterogenen Graffitiforschung zu bestimmen. In Auseinandersetzung insbesondere mit Bruno Latours Ansatz des »Iconoclash« wird eine kulturtheoretische Referenz bestimmt, die Graffiti als Version identifiziert, d. h. als semiotisch orientierte Veränderung räumlich situierter Ordnungs- und Regulierungspraxen. Ihnen kann, wenn auch nicht zwingend, eine subversive Qualität zukommen. Durch die Ausrichtung am Konzept einer Version wird beansprucht, Forderungen einer normativ weitgehend abstinenten, nicht-essentialistischen und für komplexe Fragen der Identitäts- und Raumpolitik offenen Forschungspraxis einzulösen.<br><br>The contribution attempts to integrate multiple perspectives of current largely heterogeneous graffiti scholarship. Referring to Bruno Latour’s concept »iconoclash«, we discuss graffiti from a cultural-theoretical point of view as a »version«. It appears as a semiotically oriented modification of spatially situated practices that regulate social life. Often, but not necessarily, these practices involve subversive qualities. The concept of »version« facilitates a non-normative and non-essentialist strategy of research. This enables an explorative research practice in which the complex matters of identity and space politics that are associated with graffiti can be addressed.

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