scholarly journals PAKISTAN CRIMINAL LAW: A SHORT NOTE

2021 ◽  
Vol 2 ◽  
pp. 26-29
Author(s):  
Aleksey D. Scherbakov ◽  
Keyword(s):  
Criminal Law ◽  
Short Note ◽  
Criminal Code ◽  
The State ◽  
Penal Code ◽  
Islamic Republic ◽  
State And Society ◽  
The Individual

In the article author examines the current Criminal Code of the Islamic Republic of Pakistan - Pakistan Penal Code (PPC) of 1860. A brief analysis of the system of criminal law, its main provisions related to the concept of crime, punishment, certain types of criminal encroachments both on the individual and on the interests of the state and society is given. Also, when presenting the material, the author touches on the problems of the influence of Muslim law on criminal law.

scholarly journals The Concept Of Adultery Post-Revision Of The Penal Code

2018 ◽  
Vol 3 (1) ◽  
pp. 13
Author(s):  
M. Junaidi ◽  
Resky Gustiandi Candra Imansyah
Keyword(s):  
Criminal Law ◽  
Secondary Data ◽  
Criminal Code ◽  
The State ◽  
Penal Code ◽  
Qualitative Descriptive ◽  
Descriptive Method ◽  
Sociological Aspect

Zina is an act that is prohibited by religion as well as by the state. Adultery is arranged in two rules; in Indonesia it is regulated in the Criminal Code called KUHP. For the case of adultery, it uses offense complaint, which means that it will only be processed criminal law if there is one spouse who reported this legal event. While in Islam, zina’s actions are regulated in the Qur’an and Hadith. The problems appeared when the article that regulates zina in the existing criminal code law will be revised its offense from the offense complaint becomes a general offense. This research is under normative research. The type of data in this study is secondary data which were collected by the study method library.  The data collected were analyzed by qualitative descriptive method. The result shows that in the Islamic context of adultery, the reporting and proofing process requires only 4 witnesses and it must be seen by firsthand. Whereas in the draft amendment of the criminal law, the adultery will be regulated by general offense resulting in the proof that should be studied not only from the sociological aspect but also the theological aspect.

scholarly journals Circumstances Excluding Criminality of an Act in the Light of the General Theory of Law

Lex Russica ◽  
2020 ◽  
pp. 62-70
Author(s):  
A. V. Savinskiy
Keyword(s):  
General Theory ◽  
Criminal Law ◽  
Legal Theory ◽  
Criminal Code ◽  
The State ◽  
Theory And Practice ◽  
Actual Problem ◽  
Theory Of Law ◽  
The Individual ◽  
The Right

The paper is devoted to an actual problem of the legal theory and practice, namely: the institution of circumstances excluding criminal nature (criminality) of an act (Chapter 8 of the Russian Criminal Code). As a manifestation of criminal and legal compromise steadily strengthening its position in domestic criminal legislation, this legal phenomenon is intended to encourage citizens to commit actions that contribute to localization or minimization of threats to the interests of the individual, society and the state protected by the law. At the same time, despite seemingly clear legislative enactment, the institution of circumstances precluding the criminal nature of an act evokes hot scientific debates. Among forensic scientists there is no uniform opinion concerning the legal nature of the criminal law institution as a whole and some of the individual types of circumstances constituting the institution under consideration, in particular. The legal literature substantiates the idea of the need to expand the legislative list of such circumstances. Investigators and judges often face difficulties in practical application of the rules enshrined in articles of Chapter 8 of the Criminal Code (especially provisions concerning necessary defense, extreme necessity, reasonable risk). The reasons for theoretical and practical problems related to the circumstances excluding the criminal nature of the act are largely preconditioned by the insufficient research of the institution under consideration in the general theory of law. This fundamental theoretical legal science lacks general legal equivalents of the criminal law concepts “criminality of the act”, “circumstances excluding criminality of the act.” It is proposed to introduce into scientific circulation the general legal equivalent of the concept “criminality of the act” — “delinquency of the act”, representing the set of such features of the offense as public harm, wrongfulness, culpability and punishability. This new legal design will allow us to investigate the phenomenon of circumstances excluding criminality of the act in the light of a general theory of law, to determine the possibility and limits of their subsidiary application in various branches of law. Thus, categories of circumstances excluding criminal, administrative, civil. disciplinary delinquency of acts will acquire the right to exist in differnt legal sciences and relevant branches of law. This, in turn, will contribute to improving the effectiveness of protection of rights, freedoms and legitimate interests of the individual, ensuring the interests of the society and the state.

scholarly journals Interpretation of some criminal law aspects of the right to respect for private life

2021 ◽  
Vol 1 (15) ◽  
pp. 111-125
Author(s):  
Yuriivna Timofeyeva
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Freedom Of Expression ◽  
Environmental Safety ◽  
Criminal Code ◽  
The State ◽  
Private Life ◽  
The Right To Privacy ◽  
The Individual ◽  
The Right

The article considers some issues of interpretation of the right to privacy in the practice of the ECtHR and its impact on the criminal law of Ukraine. Numerous violations of the articles of the Convention require systematic response of the state and appropriate changes in both legislation and changes in law enforcement practices. The violations relate in particular to problems of interpretation of the provisions of the Convention. Provisions of Art. 8 of the Convention are related to other provisions of the Convention and the development of the case law of the European Court of Human Rights on certain issues. It is noted that the Convention is dynamic, it changes under the influence of society, its provisions change in the process of development and acquire new meanings. In particular, the ECtHR recognizes a violation of Art. 8 (right to respect for private life) in those contexts in which he has not previously recognized. In particular, interpretation of Art. 8 of the Convention in the context of the right to environmental safety in case significant harm to the persons health (cases Dubetska and others v. Ukraine, Grymkivska v. Ukraine), the right to beg in the context of the right to freedom of expression (Lakatush v. Switzerland). It is established that the development of these provisions requires analysis and consideration in the development of a new Criminal Code. At the same time, care must be taken to maintain a balance between freedoms and human rights and the security of society and the state. It is important that the rights enshrined in the Convention remain fundamental and do not go beyond the interests and needs of the individual. In addition, it is also necessary to take into account the national characteristics of the state.

NECESSARY DEFENSE OR NECESSARY PROTECTION?

2021 ◽  
pp. 77-81
Author(s):  
Александр Михайлович Смирнов
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Legal Status ◽  
Criminal Code ◽  
The State ◽  
Point Of View ◽  
European Convention ◽  
Self Defense ◽  
The Russian Federation ◽  
The Individual

В статье актуализируется вопрос замены наименования ст. 37 Уголовного кодекса Российской Федерации «Необходимая оборона» на «Необходимую защиту» как более четкого с точки зрения языка закона и юридически грамотного. Приводятся научно обоснованные аргументы в пользу подобного изменения в российский уголовный закон. Отмечается, что оборона, по своей сути, это военный термин, содержание которого выходит за пределы нормативных границ реализации действий в состоянии самозащиты права, регламентированного в данной статье. О защите правового статуса личности, интересов общества и государства от общественно опасного посягательства говорится в диспозиции данной статьи. Вместе с тем Конституция Российской Федерации предоставляет каждому лицу право на самостоятельную защиту, а не самостоятельную оборону своих прав и свобод в различных сферах жизнедеятельности всеми не запрещенными законом способами (ч. 2, ст. 45). Именно о защите, а не обороне социальных благ и интересов говорится в Европейской конвенции о защите прав человека и основных свобод (ч. 2 ст. 2 Раздел I). С содержательной точки зрения оборона предполагает совершение подготовительных, заблаговременных действий, а также контрнаступление (нападение на противника, его полную ликвидацию), что с законодательной точки зрения выступает превышением нормативных границ необходимой обороны, согласно действующей редакции рассматриваемой уголовно-правовой нормы. Помимо этого в науке уголовного права и ряде других отраслей юридической науки вопросы реализации необходимой обороны рассматриваются в рамках правового института «самозащиты права». The article updates the issue of replacing the name of Art. 37 of the Criminal Code of the Russian Federation «Necessary Defense» to «Necessary Protection» as the most correct in terms of the language of the law and legally competent. Scientifically grounded arguments are presented in favor of such a change in the Russian criminal law. It is noted that defense, in its essence, is a military term, the content of which goes beyond the normative boundaries of the implementation of actions in the state of self-defense of law, regulated in this article. The disposition of this article speaks about the protection of the legal status of the individual, the interests of society and the state from socially dangerous encroachment. At the same time, the Constitution of the Russian Federation grants each person the right to independent defense, and not independent defense of their rights and freedoms by all in various spheres of life, in ways not prohibited by law (part 2, article 45). It is about the protection, not the defense of social benefits and interests that is said in the European Convention for the Protection of Human Rights and Fundamental Freedoms (Part 2 of Art. 2 Section I). From a substantive point of view, defense involves the commission of preparatory, early actions, as well as a counteroffensive (attack on the enemy, his complete elimination), which from a legislative point of view is an excess of the normative boundaries of necessary defense, in accordance with the current version of the criminal law in question. In addition, in the science of criminal law and a number of other branches of legal science, the implementation of necessary defense is considered within the framework of the legal institution of «self-defense of law».

scholarly journals KEMERDEKAAN MENYAMPAIKAN PENDAPAT DIMUKA UMUM SEBAGAI MAKAR MENURUT KUHP

2019 ◽  
Vol 4 (2) ◽  
pp. 205
Author(s):  
Fanny Fauzie
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
The State ◽  
Penal Code ◽  
The Other ◽  
Criminal Offense ◽  
State Security ◽  
Depth Study ◽  
The Government ◽  
Library Method

<p><em>KUHP (Penal Code Of Indonesia) is a positive Indonesian criminal law regulation which in its history, came from the Wetboek van Strafrecht voor Nederlandsch Indie (WvSNI) which contains about the crimes against the security of the state as regulated in the sub first chapter of the KUHP itself. Van Toelichting’s Memorie mentioned that treason is a translation of the Aanslag, which, if paired into English, can be interpreted as an attempt or attack. According to 87th Article of the Criminal Code, if treason has commenced according to Article 53th of the Criminal Code (Trial), on the other hand, there is a The1945 Constitution which is a Grundnorm that guarantees the freedom to express opinions that publicly as in 28th E Article, 3rd paragraph. And also, regulated explicitly in 39th Law Number, the year 1999 about expressing opinions in public, so if referring to treason as an experiment as Article 53 of the Criminal Code, it would prevent anyone from criticizing by communicating and issuing opinions. If the notice was addressed to the government by saying the current government is not good and must be replaced, the presence of the 87th Article about the Criminal Code certainly experiments intention. And the crimes against state security are also referred to as political offenses, to determine the suspects in this political offense, an in-depth study must be carried out, so this is the reason why the writing is carried out. The typology of the research used is the normative juridical (doctrinal) library method. So in this study, we can see whether it is appropriate if the criminal offense of this treason can be applied as the 87th Article about Criminal Code without interpreting the betrayal as an aanslag or attempt or an attack connected to the existence of Guarantees in Delivering Opinions.</em><em></em></p>

Thomas Jefferson’s Virginia Criminal Law Bill

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Criminal Law ◽  
Critical Analysis ◽  
Criminal Code ◽  
The State ◽  
Modern State ◽  
Historical Account ◽  
Liberal Democratic ◽  
Democratic State ◽  
Penal State ◽  
State 1

Part III of Dual Penal State uses dual penal state analysis to generate a comparative-historical account of American penality. With comparative glimpses at Germany and, to a lesser extent, England, it distinguishes between two responses to the shared challenge of legitimating state penal power in a modern liberal democratic state: (1) the failure to appreciate the legitimatory challenge of modern state penal power in particular (United States) and of modern state power in general (England); and (2) the failure to address the legitimatory challenge of modern state penal power as an ongoing existential threat to the legitimacy of the state (Germany). Chapter 6 undertakes a critical analysis of Jefferson’s 1779 draft of a criminal law bill for the State of Virginia, concluding that it fell well short of a criminal code that reflected the ideals of the American legal-political project as spelled out, for instance, in Jefferson’s Declaration of Independence of 1776.

Cultural Policies and the Islamic Republic: Cinema and Book Publication

1997 ◽  
Vol 29 (4) ◽  
pp. 509-530 ◽  
Author(s):  
Sussan Siavoshi
Keyword(s):  
The State ◽  
Regulatory Agencies ◽  
Islamic Republic ◽  
Cultural Policies ◽  
State And Society ◽  
Islamic Republic Of Iran ◽  
The Government ◽  
Iranian State ◽  
The Relationship ◽  
Book Publication

The evolution of the Islamic Republic of Iran and the dynamics of the relationship between the Iranian state and society can be explored by examining the postrevolutionary regime's policies toward intellectuals, particularly as expressed in its regulation of cinema and book publication. This relationship—at least in the period from the early 1980s to the early 1990s—was complex and nuanced. Factionalism within the regime provided an opportunity for intellectuals to engage the state in a process of negotiation and protest, cooperation and defiance, in pushing the boundaries of permitted self-expression. The degree of their success depended in part on which faction controlled the government and its regulatory agencies during particular phases in the evolution of the postrevolutionary regime.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

Killing through negligence and its distinction with other kinds of murder

2021 ◽  
Author(s):  
Vladimir Myslivyy ◽  
Angelina Mykyta
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Sufficient Information ◽  
Main Body ◽  
Common Features ◽  
Criminal Offenses ◽  
The Common

Problem setting. According to Art. 27 of the Constitution of Ukraine, everyone has an inalienable right to life, no one can be arbitrarily deprived of life, and the state, in turn, is obliged to protect human life. Protection of a person’s life, as a duty of the state, is manifested in the establishment of criminal liability, enshrined in Section II “Criminal offenses against life and health of a person” of the Criminal Code of Ukraine, who commit socially dangerous acts. whether there are criminal offenses and what punishments they should be committed. The distinction between crimes such as premeditated murder and negligent deprivation of another’s life is important, as criminal law theory still does not have sufficient information on this issue and does not have a complete list of features of the above crimes, but we tried to identify them in our article. Target of research. Deepening their knowledge on the caution of a person’s life due to inconsistency and drawing the line between possible offenses and conditional authority, clarifying the special characteristics of the perpetrator and the victim, outlining the essential features of the perpetrator and the victim, and researching the regulation of negligent proposal of a new version of the Criminal Code of Ukraine. Analysis of resent researches and publications. The theoretical basis for the study of the problem of murder through negligence are the works of legal scholars, in particular, M. Bazhanov, V. Borisov, S. Borodin, V. Glushkov, O. Gorokhovskaya, I. Zinchenko , V. Tyutyugin, O. Us, E. Kisilyuk, V. Kuts, M. Yefimov, S. Likhova, V. Stashis, V. Shablisty and others. Article’s main body. According to Art. 3 of the Constitution of Ukraine, man, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Given this constitutional provision, the legislator should pay special attention to the criminal law protection of human life and health as the most important public relations. So it is no coincidence that considering such encroachments as one of the most dangerous in the criminal law dimension, the legislator established criminal liability for their commission in Section II “Criminal offenses against life and health” of the Special Part of the Criminal Code of Ukraine. Due to the high public danger and the high prevalence of criminal offenses against human life and health, criminal law theory and law enforcement practice are under increasing scrutiny. Thus, the analysis of judicial practice in recent years shows that, for example, among all murders (Articles 117-119 of the Criminal Code of Ukraine) the number of persons convicted of deprivation of life due to negligence is about 15 percent annually. In our opinion, it is also advisable to analyze the concept of “murder” by comparing the common and distinctive features of the offenses referred to in Art. Art. 115 and 119 of the Criminal Code of Ukraine. According to scientific results, we can conclude that these offenses have many common features. It is possible to understand the common features and preconditions for the spread of these types of offenses. Conclusions and prospects for the development. A study of issues related to the criminal law analysis of murder through negligence and its difference from other types of murder, shows that these acts encroach on the identical object, which is “human life as a set of social relations.” Unfortunately, nowadays the dynamics of offenses committed in Art. Art. 115 and 119 is intensifying, so consideration of their delimitation and characterization of their features is very important. The study examines the main features of these types of crimes, as well as analyzes some provisions of national law and proposes some adjustments to them.

scholarly journals Criminal Law Protection of Reproductive Health: Current Challenges

2019 ◽  
Vol 12 (2) ◽  
pp. 147-153
Author(s):  
E. L. Sidorenko
Keyword(s):  
Reproductive Health ◽  
Human Genome ◽  
Criminal Law ◽  
Policy Development ◽  
Practical Importance ◽  
Criminal Policy ◽  
Criminal Code ◽  
Research Findings ◽  
The Individual ◽  
Criminal Legislation

The subject of the research is the specifics of the criminal law protection of reproductive health in the Russian legislation. The topic was chosen due to the increasing dynamics of crimes related to limitation on the reproductive rights of women and men and unauthorized manipulation of the human genome. Despite the growing need for providing a regulatory framework for this kind of relationships, the system of their criminal law protection is only beginning to take shape, therefore, a necessity arises to revise traditional approaches to the protection of the individual. Therefore, the purpose of the paper was to understand the system of criminal law protection of reproductive health in terms of its compliance with trends of medical practices and dynamics of socially significant diseases based on both traditional principles of scientific analysis and the results of applying sociological methods of data processing, which made it possible to identify the most significant directions of the Russian criminal policy development. Moreover, the critical analysis method was used in the research that showed the inconsistency of the system of criminal law prevention of criminal abortions, contamination with socially significant diseases and illegal use of the human genome. Based on the research findings, an author’s model of criminal prevention of attacks on reproductive health has been built and its systemic assessment is given. It is concluded that the legislator is inconsistent in assessing the attributes of an unlawful abortion; the accounting of contamination with certain socially significant diseases is inadequate; the laws prohibiting the use of the human genome need to be included into the Criminal Code of the Russian Federation. The conclusions formulated in the paper have practical importance and can be taken into account by the legislator in the reform of the current criminal legislation.

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