scholarly journals Protection of Human Dignity as a Basis for Penalization of Hate Speech against People with Disabilities in Polish Criminal Law

2021 ◽  
Vol 30 (4) ◽  
pp. 259
Author(s):  
Dorota Habrat
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Human Dignity ◽  
Hate Speech ◽  
People With Disabilities ◽  
International Standards ◽  
Legal Analysis ◽  
Persons With Disabilities ◽  
The Rule Of Law ◽  
Special Protection

<p>The aim of the study is a legal analysis of the provisions criminalizing hate speech in Polish criminal law, in terms of the protection of inherent human dignity in relation to people with disabilities. Rated whether the absence of special protection under criminal law in the area of hate speech provides the proper respect and protects the dignity of persons with disabilities in Poland, to the same extent and degree as other people. The doctrine of criminal law protection against hate speech was discussed. It was analysed why hate speech against people with disabilities was not penalized and it was shown that legal changes in this area should be preceded by a multifaceted legal analysis, taking into account international standards, and proposals for amendments were characterized by an insufficient justification of the inalienable value of dignity. A discussion was held on the basis of criminalizing hate speech against people with disabilities. It has been shown that extending protection against hate speech to people with disabilities is not questionable and should be based on ensuring that dignity is adequately protected by the rule of law in order to counterbalance limitations resulting from the feature of disability, which is essentially independent of them.</p>

THE IMPORTANCE OF INTERNATIONAL DOCUMENTS IN THE EDUCATION OF PERSONS WITH DISABILITIES AND THEIR SOCIAL AND LEGAL ANALYSIS

2021 ◽  
Vol 6 (8) ◽  
pp. 22-30
Author(s):  
Bekjon Ismoilov ◽  
Keyword(s):  
Positive Impact ◽  
People With Disabilities ◽  
Legal Framework ◽  
Comprehensive Analysis ◽  
International Standards ◽  
Children And Youth ◽  
Legal Analysis ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Legitimate Interests

The article examines the conceptual significance of international legal norms representing the rights, freedoms and legitimate interests of persons with disabilities. In particular, a comprehensive analysis of the positive impact of UNinternational documents on the lives of people with disabilities is carried out. We know that the national legal framework and international legal norms have a special place inthe integration of people with disabilities into a healthy society. In particular, the organization of education for children and youth with disabilities in accordance with international standards will increase the effectiveness of education for people with disabilities. and also, the article analyzes in detail the types of education for children with special needs in accordance with the existing regulatory framewor

scholarly journals Protecting Freedom of Expression in Multicultural Societies: Comparing Constitutionalism in Indonesia and Canada

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 75
Author(s):  
Herlambang Perdana Wiratraman ◽  
Sébastien Lafrance
Keyword(s):  
Rule Of Law ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Artistic Expression ◽  
Fundamental Freedom ◽  
The Rule Of Law ◽  
Legal Traditions ◽  
The Social ◽  
Effective Role ◽  
Similarities And Differences

This paper explores the similarities and differences in Indonesia and Canada regarding the constitutionally protected freedom of expression. While one may expect that both countries do not have much in common from a general standpoint, both do have several similarities in their approach to the interpretation and application of that freedom. The exercise of freedom of expression is also examined through the spectrum of jurisprudential examples from both countries, more specifically in the context of ‘hate speech’, ‘artistic expression’ and ‘language expression’.In addition, the social reality of both countries underlying the freedom of expression is uncovered. Further, the limitations imposed in both countries on that fundamental freedom are also discussed. Learning from the exercise that consisted in this paper to compare relevant laws of two countries, and despite the differences between their respective legal traditions, this study argues that freedom of expression, in two different countries such as Indonesia and Canada, can play a more effective role in a society with a multicultural character that complies with the rule of law.

scholarly journals IMPLIKASI PERUMUSAN DELIK KORUPSI DI DALAM KEBIJAKAN PEMBAHARUAN KITAB UNDANG-UNDANG HUKUM PIDANA

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (3) ◽  
Author(s):  
Syaputra Syaputra
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Criminal Code ◽  
Community Life ◽  
Reform Effort ◽  
The Rule Of Law ◽  
Draft Code ◽  
The Law ◽  
Pass Through ◽  
Sense Of Justice

The Criminal Code as a legacy of Dutch colonialism could no longer follow the dynamism of community life. It is too rigid has obliterated the sense of justice which is the goal of the creation of the law itself. This is because the articles of the Criminal Code deemed unsuitable to the development of crime and offenses increasingly complex. In the draft Code of Criminal Law, as one of the reform effort is the formulation of offenses of corruption set out in Chapter XXXII starting from Article 688 to Article 702. With the formulation of the offense of corruption and offenses positions formulated in the draft Criminal Code will disregard the Law Combating Corruption although this law of particular importance because of the substance of the articles draft Criminal Code wants to make corruption has become common crimes and do not pass through handling extraordinary. Law on Corruption Eradication cannot apply even if there is the principle of lex specialis derogat lex generalis, because of the retroactive principle that applies in the draft Criminal Code so that the decision to force the law can still be applied retroactively when the rule of law that new does not regulate the offense of criminal, so punishment can be eliminated.Keywords: Offense Corruption , Corruption , Reform of draft Criminal Code

scholarly journals Efficiency of Judiciary and Penalty Policy of Courts in Serbia for Criminal Work Violence in Family // Efikasnost pravosuđa i kaznena politika sudova u Srbiji za krivično delo nasilje u porodici

2019 ◽  
Vol 9 (9) ◽  
pp. 69
Author(s):  
Dragan Jovašević
Keyword(s):  
Domestic Violence ◽  
Rule Of Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
International Standards ◽  
Criminal Prosecution ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
The Family

Under the influence of international standards, in the first place of the Istanbul Convention, in Serbia at the beginning of this century, there were several statutory texts such as the Criminal Law (2002), the Family Law (2005), the Criminal Code (2005) and the Law on the Prevention of Violence in the family (2016) determined the concept, elements, characteristics and forms of manifestation of the criminal act of domestic violence, as well as a system of preventive and punitive measures in order to prevent and suppress it. However, there is a greater or lesser disparity between legislative solutions and judicial practice, which also affects the efficiency of the functioning of the judiciary, and therefore the rule of law in general. To a large extent they contribute to the results of the policy of criminal prosecution, ie the criminal policy of the courts for the criminal offense of domestic violence in the last decade in Serbia whose results are presented in this paper.

Die Entwicklung des Strafrechts der Ukraine

2020 ◽  
Vol 66 (3) ◽  
pp. 380-396
Author(s):  
Rainer Birke
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Penal Code ◽  
Science And Society ◽  
The Rule Of Law ◽  
Law System ◽  
The Law ◽  
Simplified Procedure ◽  
Procedural Rights

In 2001, a new penal code was adopted in Ukraine after a comprehensive discussion in politics, legal science and society, replacing a codification of the Soviet era dating back to 1960, obviously unsuitable for the new realities. The new penal code of 2001 has been changed many times since then. This also applies to the criminal law provisions against corruption, evaluated and commended by GRECO. However, there is criticism of the criminal law system in Ukraine. A large number of the issues have little or nothing to do with the text of the penal code itself, but with deficits in the application of the law and the resulting loss of confidence in the activities of the law enforcement authorities. The judiciary is said to have a significant corruption problem and is significantly overloaded. The latter is to be counteracted by the introduction of the class of misdemeanor (“kryminalnyj prostupok”) in 2019 that can be investigated in a simplified procedure, which has been criticized, inter alia, because it bears the risk of the loss of quality and possibly infringes procedural rights. Also in 2019, the work on a once again completely new codification of the penal code was commenced, which is not entirely surprising in view to the existing criticism of manual errors or inadequacies of the recent code. It is to be hoped that Ukraine, with the existing will and the necessary strength, will succeed in the creation of a criminal law system that is fully in compliance with the rule of law and that a penal code will be drafted that finally finds full recognition in the society.

THE POSITION OF THE PUBLIC PROSECUTOR IN ADMINISTRATIVE PROCEEDINGS – LEGAL ANALYSIS

2021 ◽  
Vol 1 (XXI) ◽  
pp. 97-114
Author(s):  
Michał Sędziński
Keyword(s):  
Rule Of Law ◽  
Public Prosecutor ◽  
Special Role ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
The Rule Of Law ◽  
The Public ◽  
Administrative Procedure ◽  
Court Proceedings ◽  
Administrative Proceedings

The aim of this article is to comprehensively analyse the legal position of the public prosecutor in administrative proceedings and administrative court proceedings. This subject is interesting because the public prosecutor is usually associated with criminal proceedings and his capacity as the public accuser. However, the public prosecutor plays a special role in administrative proceedings, i.e. participates in them as an entity with the rights of a party, even though he has no legal interest in it. It is also worth noting that the powers of the public prosecutor are clearly more extensive than those of other entities with the rights of a party. This article is an attempt to determine the role of the public prosecutor in administrative proceedings and decide whether he is the accuser or rather the representative of the public interest. The position of the public prosecutor in proceedings before administrative courts is special as well. This issue needs to be discussed in detail, which was taken into account in the second part of the article. The position of the public prosecutor as the advocate of the rule of law is regulated by the Act on the Public Prosecutor’s Office. The analysis of these provisions in conjunction with Chapter 4 of the Code of Administrative Procedure leads to a conclusion that the public prosecutor who acts in administrative proceedings as an entity with the rights of a party has powers vested in him alone and watches over such proceedings, thereby fulfilling the duties of an advocate of the rule of law. To fully show the special position of the public prosecutor, it is necessary to enumerate his powers in administrative proceedings and compare them with the competences of “ordinary” entities with the rights of a party.

Doing Justice Better

2020 ◽  
pp. 189-194
Author(s):  
Michael Tonry
Keyword(s):  
Rule Of Law ◽  
Human Dignity ◽  
Structural Changes ◽  
Political Influence ◽  
State Agencies ◽  
The Rule Of Law ◽  
Life Without Parole ◽  
Three Strikes ◽  
Main Ideas ◽  
Selection Of

The main ideas in this book are simple. Treat people charged with and convicted of crimes justly, fairly, and even-handedly, as anyone would want done for themselves or their children. Take sympathetic account of the circumstances of peoples’ lives. Punish no one more severely than he or she deserves. Those propositions are implicit in the rule of law and its requirement that the human dignity of every person be respected. Three major structural changes are needed. First, selection of judges and prosecutors, and their day-to-day work, must be insulated from political influence. Second, mandatory minimum sentence, three-strikes, life without parole, truth in sentencing, and similar laws must be repealed. Third, correctional and prosecution systems must be centralized in unified state agencies.

20. Conspiracy

2020 ◽  
pp. 580-610
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Common Law ◽  
Mens Rea ◽  
The Rule Of Law

This chapter examines the ways in which criminal law treats conspiracies. Some of the controversies examined include: whether it is necessary and/or desirable to criminalize conspiracies; the extent to which there can be a conspiracy under the Criminal Law Act 1977 if the parties have only agreed to commit the substantive offence subject to some condition; what must be agreed and who must intend what to happen for a crime of conspiracy; the mens rea of statutory conspiracies; and whether common law conspiracies are so vague as to infringe the rule of law.

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