scholarly journals Understanding of administrative prejudice in criminal law (legislation): main doctrinal approaches

2021 ◽  
Vol 17 (2) ◽  
pp. 52-56
Author(s):  
Zurab Z. Mamhyagov
Keyword(s):  
Criminal Law ◽  
Legal Definition ◽  
Consistent Increase ◽  
Definition Of

A consistent increase in the number of criminal-law norms with administrative prejudice requires an adequate doctrinal understanding of this legal phenomenon. This circumstance becomes relevant due to the lack of a legal definition of an administrative prejudice. The author comes to the conclusion that there are four main conceptual approaches in understanding the administrative prejudice in criminal law (legislation): formal-legal, socio-legal, intersectional and criminological. The article notes that none of these concepts can be considered as dominant.

scholarly journals The Insanity Defence: How Do We Handle Doubt?

2019 ◽  
Vol 7 (1) ◽  
pp. 60-77
Author(s):  
Randi Rosenqvist
Keyword(s):  
Criminal Law ◽  
Practical Knowledge ◽  
The Other ◽  
Legal Definition ◽  
Clear Cut ◽  
Other Hand ◽  
Criminal Insanity ◽  
Definition Of ◽  
Legal Sense

This paper discusses how the legal definition of criminal insanity has been altered several times in the Norwegian criminal law, most recently in June 2019. There are difficulties in communicating between psychiatric experts, legal experts, and lay judges, since the description and understanding of psychotic cognition as well as the definition of legal terms are not equally understood. Not all insanity cases are clear-cut. The Norwegian forensic experts must not conclude that the charged person is considered ‘psychotic’ in the legal sense if they are not clinically sure of this. The courts, on the other hand, must not conclude that a person is ‘sane’ if there is doubt about this. This paper discusses how there is little practical knowledge of how experts and courts handle such doubts, and highlights the lack of discussion of these questions in the legal sources.

scholarly journals THE TRANSPOSITION OF INTERNATIONAL CRIMINAL LAW CONCEPTS INTO NATIONAL JURISDICTIONS: THE CASE OF GENOCIDE

2019 ◽  
Vol 41 ◽  
pp. 71-96
Author(s):  
Marie-Hélène GIRARD
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
International Level ◽  
Legal Systems ◽  
Legal Concept ◽  
Vast Array ◽  
Legal Definition ◽  
Definition Of ◽  
Language And Law

This article discusses preliminary findings of a study on the transposition of the legal concept of genocide into 131 national jurisdictions. The specificities of this transposition into national criminal systems, as well as those related to the international legal definition of genocide, are described in the first part. The communicative situations in which the concept of genocide has been transposed are then examined in order to show their scope and breadth, and to which extent they contribute to the transformation of the concept of genocide. Trends related to the object of transformation in the definition and their effect on meaning are subsequently outlined. The findings point to a situation where, despite having been the object of multiple consensus at the international level, the concept of genocide has been transformed by the vast array of domestic legal languages and legal systems into which it has been transposed and thereby reinforce the relation between the configuration of the language and law, and the difficulty of translation.

scholarly journals Domestic violence committed by women in the family - or the family as an object of protection in the criminal law of Poland

2021 ◽  
Vol 3 ◽  
pp. 32-37
Author(s):  
J. Dlugosh-Yuzvyak ◽  
Keyword(s):  
Domestic Violence ◽  
Family Member ◽  
Criminal Law ◽  
Family Environment ◽  
Legal System ◽  
Legal Definition ◽  
The Family ◽  
Police Statistics ◽  
The One ◽  
Definition Of

The article is devoted to the problems of understanding the legal issues of the family in the criminal law of Poland and in criminology. The paper analyzes the issues of the content of the definition of the family. It is necessary to refer to its legal definition. It is concluded that although the concept of family is repeatedly found in the Polish legal system, it is not uniform and has different content for certain areas of law. The article presents a scientific analysis of one of the categories of crimes against the family, i. e. the so-called domestic violence. There is no legal definition of the domestic violence in the Polish legal system, although it is assumed to be a social phenomenon that occurs when a family member or other person living together or managing a household deliberately tries to dominate another family member, physically or mentally. Thus it is possible to talk about domestic violence as a violence occurring among people living in the same household. Its subcategory is the so-called violence in family occurring in the family environment. The paper presents and analyzes examples of domestic violence and police statistics. Some of these behaviours can be classified as crime against the family. Thus it is possible to specify, that, on the one hand, the victims of domestic violence are more likely to be women and, on the other hand, that women are far less likely than men to be suspected of domestic violence. However presently every eighth victim of violence in family is a man. Within the framework of the presented article, it is proposed to turn attention to the problem of women as perpetrators of domestic violence, especially in relation to a man. It is necessary to emphasize that domestic violence perpetrated by women against men, including their husbands, is a growing phenomenon.

scholarly journals The concept of money laundering: a quest for legal definition

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Muhammad Saleem Korejo ◽  
Ramalinggam Rajamanickam ◽  
Muhamad Helmi Md. Said
Keyword(s):  
Money Laundering ◽  
Criminal Law ◽  
Task Force ◽  
Content Type ◽  
Terrorist Financing ◽  
Legal Definition ◽  
Balanced Approach ◽  
Wide Range ◽  
Definition Of ◽  
Terrorist Acts

Purpose This paper aims to focus on the concept of money laundering and explores the evolution and expansion of criminalization of predicate offences to the money laundering within the international anti-money laundering (AML) regime over the time. It proposes how to limit the size and scope of predicate offences in designing a balanced legal definition. Design/methodology/approach This paper opted a content analysis focussed on the criminalization aspect of offences to money laundering in the international AML regime under the United Nations Conventions (Vienna, Palermo and Corruption Convention) and Financial Action Task Force Standards. Findings This paper provides how the criminalization of money laundering has evolved and its definition expanded over the time. The international definition is widely drafted with wide range of predicate offences from proceeds of drug money to corruption, including terrorist financing and terrorist acts; however, the two phenomena – money laundering and terrorist financing are quiet distinct apart. This continual expansion of predicate offences quite leads legality issues such as over-criminalization and conflict with principles of criminal law. This paper suggests an approach to limit the size and scope of predicate offences to money laundering. Practical implications This paper includes implications for the development of a balanced approach in defining predicate offences through a qualitative limitation approach consistent with the minimalist theory of penalization of criminal law. Originality/value This paper attains an identified issue how the legal definition of the money laundering offence can be improved while considering rule of law and principles of criminal law concerns.

scholarly journals THE CONCEPT OF SELF-DEFENSE IN AMERICAN AND POLISH LEGAL SYSTEMS – A COMPARATIVE ANALYSIS

2017 ◽  
Vol 29 (2) ◽  
pp. 85-104
Author(s):  
Katarzyna Ginszt ◽  
Jakub Ginszt
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Deadly Force ◽  
Legal Systems ◽  
Legal Definition ◽  
Self Defense ◽  
American Law ◽  
Definition Of ◽  
Self Protection ◽  
At Home

The article is devoted to the issue of self-defense in Polish and American law . Currently, there are attempts to widen the scope of necessary self-protection in Polish legislation and to implement provisions which allow for using greater degree of force by a person attacked at home . The justification of the draft refers to the American law which is more developed in the context of the defense of habitation . Thus, the article provides an analysis of existing legal solutions in American criminal law concerning e .g . the legal definition of self-defense, the use of deadly force, the duty to retreat, the castle doctrine and the provisions which expand this doctrine in comparison with the parallel legal solutions existing in Poland .

CRIMINAL-LEGAL DEFINITION OF HOME VIOLENCE CONCEPT ACCORDING TO UKRAINIAN LEGISLATION

2019 ◽  
Vol 3 ◽  
pp. 192-195
Author(s):  
S.V. Yakymova ◽  
◽  
N.I. Lesiak ◽  
Keyword(s):  
Legal Definition ◽  
Definition Of

A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context

2017 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Nani Mulyati ◽  
Topo Santoso ◽  
Elwi Danil
Keyword(s):  
Criminal Law ◽  
Sufficient Conditions ◽  
Criminal Code ◽  
Legal Person ◽  
Philosophical Approach ◽  
Legal Personality ◽  
Legal Subject ◽  
Long Time ◽  
Definition Of ◽  
Broad Meaning

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.

Historical Experience of Criminalization: to the Centenary of the Guiding Principles on Criminal Law of the RSFSR

2019 ◽  
pp. 31-35
Author(s):  
Ivan Kozachenko
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Historical Experience ◽  
Law System ◽  
Political Situation ◽  
Historical Method ◽  
Advantages And Disadvantages ◽  
Concept Planning ◽  
Guiding Principles ◽  
Definition Of

The creation of the Guiding Principles on the Criminal Law of the RSFSR of 1919 is studied taking into account extremely complicated internal and external political situation in the country at the beginning of the twentieth century. Using the methods of analysis, synthesis, as well as comparative and historical method, the author determines the significance of the Guiding Principles in the law system of the young Soviet state. Some key norms of the document are examined. In particular, the definition of criminal law is analyzed and its advantages and disadvantages are identified. It is noted that the definition of a crime was formulated too broadly, and more significant steps in criminalization of different acts were made with the adoption of the RSFSR Criminal Code of 1922. It is indicated which persons were not punished according to the Guidelines. Attention is drawn to the way in which such a method of protection as necessary defense was set forth in this act. The Guiding Principles are not without certain disadvantages: for example, the institution of complicity is not sufficiently disclosed, there is lexical redundancy in the definition of the concept «planning the offence». However, the discrepancies between the main provisions covered in the Guidelines are explainable and excusable, taking into account the historical situation at the time of their adoption. The analyzed document became the basis for Russian criminal law, and some of its provisions are still relevant.

Sign in / Sign up

Export Citation Format

Share Document