scholarly journals Consequences of Crimes Against Life for the Order of Succession

2021 ◽  
pp. 145-164
Author(s):  
Katja Drnovšek
Keyword(s):  
Criminal Law ◽  
Basic Principle ◽  
Civil Law ◽  
Legal Institutions ◽  
Criminal Offence ◽  
The Right

In addition to sanctions stipulated by criminal law, an offender who commits a crime against life could also be facing civil-law consequences, including the loss of succession rights. These consequences are justified upon the basic principle that no offender should be allowed to benefit or enrich themselves by their criminal actions. Slovenian legislation regulates two legal institutions that are intended to punish the offender for committing a criminal offence against the decedent or their relatives; the unworthiness to inherit and disinheritance. The realisation of these concepts is essentially the question of determining the limits of two conflicting rights, the right of the heir to inherit from the decedent and the decedent's freedom of testation. The article will examine the nature of both concepts, the requirements under which they may be applied, as well as the implications for the offender and for the order of succession.

scholarly journals PERLINDUNGAN HUKUM TERHADAP NOTARIS PENGGANTI YANG AKTANYA BERMASALAH DITINJAU DARI UNDANG-UNDANG NOMOR 30 TAHUN 2004 JUNCTO UNDANG-UNDANG NOMOR 2 TAHUN 2014 TENTANG JABATAN NOTARIS

Jurnal MINUTA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 20-27
Author(s):  
Arif Hidayat
Keyword(s):  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Civil Law ◽  
Criminal Offense ◽  
Actual Reality ◽  
State Administration ◽  
The Law ◽  
The Right

Notary in making an authentic deed must be able to account for the deed if it turns out that in the future problems arise from the authentic deed both in terms of criminal law, civil law or State administration. The problems arising from the deed made by the Notary need to be questioned whether it is the result of an error from the Notary or the error of the viewer who does not provide information in accordance with the actual reality to the Notary. Such negligence or error can occur because the Notary in question is lacking or does not understand the construction or legal actions desired by the viewer so that the deed made is contrary to the provisions of the law. Such negligence or error can also be deliberately carried out by the concerned Notary. This study focuses on Law Number 30 Year 2004 as amended by Law Number 2 of 2014 concerning Notary Position wherein this study discusses the Notary who is unable to carry out his position so he has the right to submit written leave request and at the same time accompanied by the appointment of a substitute notary. After a while, a lawsuit from a party that feels aggrieved results from the deed made by Si X as a Substitute Notary. The results of this study concluded that a notary who leaves as a substituted notary has responsibility for the deed made by his successor notary even though he is on leave from his position where the responsibility is in the form of civil liability, if the substitute notary commits an error within the scope of authority given by a notary to a substitute notary. So in that case the notary is also liable for losses suffered by the parties due to the deed made by the substitute notary. Because the notary who is replaced is the owner of the office, if the notary of origin will file leave then he will appoint an employee from his own office as a substitute notary. Criminal responsibility, in the case of a criminal offense, a notary who is replaced is not responsible, for example in the case of tax evasion. Criminal liability can only be imposed on a substitute notary if he makes a mistake outside his authority as a substitute notary. Then the notary whose leave cannot be held accountable. The substitute notary is also entitled to get the same protection and legal guarantees because every citizen has the same rights before the law.

Using Criminal Law to Enforce Statutory Employment Rights

2020 ◽  
pp. 53-69
Author(s):  
David Cabrelli
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Health And Safety ◽  
Market Regulation ◽  
Legal Enforcement ◽  
Labour Market Regulation ◽  
Labour Standards ◽  
The Individual ◽  
The Right ◽  
Employment Rights

This chapter examines the current terrain of criminal law as a technique of labour market regulation. It identifies a range of possible interactions between the criminal law and civil law in the legal enforcement of labour standards. Sometimes fundamental labour rights, such as the right not to be unfairly dismissed or the right not to be discriminated against, are protected exclusively through a ‘private’ enforcement model at the initiative of the individual right-holder. Sometimes there will be exclusive enforcement through the criminal law with no private right of civil action, as under the Health and Safety at Work Act 1974. Finally, there may be mixed enforcement regimes where there is a combination of criminal and civil measures linked to specific statutory rights, as with the enforcement of the National Minimum Wage Act 1998.

scholarly journals Category of guilt in criminal law: economic approach

2018 ◽  
Vol 2 (4) ◽  
pp. 98-105
Author(s):  
O. Bibik
Keyword(s):  
Risk Management ◽  
Criminal Law ◽  
Criminal Liability ◽  
Civil Law ◽  
Economic Approach ◽  
Negative Consequences ◽  
Potential Offender ◽  
The Subject ◽  
The Right ◽  
Criminal Legislation

The subject of the paper is guilt as criminal legal category.The main aim of the paper is to confirm or disprove the hypothesis that there is a need for risk management in order to prevent crime.The description of methodology. The author uses economic approach and the theory of rational choice as well as the dialectic and formal-legal methodology.The main results and scope of their application. The greater the probability of socially dangerous consequences of actions, the greater the risk, the greater the degree of guilt of the subject and the degree of danger of the crime. In criminalization the risks should be optimally distributed between the state (installs criminal prohibitions) and the citizens (complying with those prohibitions), as well as between the potential offender and the victim. It is necessary to quantify the risk of socially dangerous consequences (for example, as a percentage) for each form of guilt. This will make it possible to streamline and develop forms of guilt, to correlate specific types of guilt with specific crimes in terms of the risks that the crime carries. New forms of guilt, in particular criminal ignorance, need to be introduced. Unlike negligence, which is difficult to control, ignorance, as well as competence, can be fully controlled. It is necessary to take into account the guilt of the victim, who by his behavior contributed to the crime. If the victim has not taken all precautions ( the more provoked the offender) - he must share the overall result, bear the risk of socially dangerous consequences. If there is a violation of the rules of conduct by the offender and the victim, the court should have the right to substantially mitigate the punishment or to refuse to apply it at all, taking into account the nature and extent of the violations committed by each party. For example, with regard to crimes of minor gravity when the victim provoking a crime, failure to take precautions should provide for mandatory exemption from criminal liability with compensation for harm in civil law. Premeditated intent seriously complicates the disclosure of crimes. This intent should be seen as a basis for more severe sanctions. The results of research may be used as the basis of correction of the criminal legislation.It is concluded that any form of guilt in any legal system is based on an assessment of the risks of negative consequences.

scholarly journals Prohibition on practicing a profession, activity or duty in the criminal law of Republic of Serbia

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Darko Dimovski ◽  
Ivan Milić
Keyword(s):  
Criminal Law ◽  
Basic Principle ◽  
Labor Law ◽  
Human Right ◽  
Protective Measures ◽  
Criminal Sanctions ◽  
Right To Work ◽  
Specific Activities ◽  
The Republic ◽  
The Right

As a basic principle, the "right to work" is guaranteed under the Constitution of the Republic of Serbia. This human right is further elaborated primarily in the Labor Law, but also in other laws that stipulate the conditions for the establishment, exercise and termination of employment. This paper emphasizes the possibility of restricting both natural and legal persons, including entrepreneurs, to practicing a particular profession, activity or duty, resulting from the imposition of criminal sanctions. The security and protective measures in the criminal law of the Republic of Serbia prohibiting the practice of specific activities are also emphasized. One of the aims is to point out the consequences of the measures imposed, which are often more severe than the sentence itself.

The Right to Access a Lawyer in Laotian Criminal Law

2015 ◽  
Vol 16 (1-2) ◽  
pp. 42-54
Author(s):  
Bounmy Ladsamyxay
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Civil Law ◽  
Economic Resources ◽  
The Other ◽  
Legal Standards ◽  
Lack Of Information ◽  
National Constitution ◽  
The Right ◽  
Gain Access

This article aims to analyze the defendants’ right to access a lawyer in criminal law, as defined in international legal standards, and determine the extent to which the legislation of Lao pdr complies. This study finds that Lao law is consistent with international law as regards the defendant’s right to gain access to a lawyer, for instance, as enshrined in the National Constitution, Criminal Law, Civil Law and the Law on Lawyers. However, this article will argue that defendants are not aware of their rights due to poor economic resources and the lack of information on the availability of legal aid services and how to access such services. On the other hand, defendants are unable to implement their rights effectively due to the limited and incompetent protection offered by lawyers. Additionally, legal practitioners and local authorities are not familiar with and accepting of the relevant legislation.

scholarly journals TINJAUAN YURIDIS TINDAK PIDANA PENGGELAPAN MOBIL YANG MENJADI JAMINAN LEASING PADA LEMBAGA PEMBIAYAAN DITINJAU DARI PASAL 372 DAN PASAL 64 Ayat 1 KUHP” (Studi Kasus Putusan No. 345/Pid.B/2014/PN.Dpk)

2016 ◽  
Vol 3 (1) ◽  
Author(s):  
Surya Oktarina
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Civil Law ◽  
Law Enforcement Agencies ◽  
Legal Entity ◽  
Injured Party ◽  
The Right ◽  
The City

The number of cases of embezzlement of cars that occurred in the city of Depok by the buyer (lender) is detrimental for the leasing. Being thought of now is by increasing criminal acts of embezzlement of leasing cars as collateral. With the loss of the insurer by the actions of car buyers who commit fraud, another problem is the difficulty of law enforcement agencies in dealing with such cases. This is because the initial reporting by the injured party is a matter of civil law that they are due to violation of the treaty agreed, but with the embezzlement of objects that are still in power and the property of another person or institution that is based on the legal entity making the case bias, due to a shift in of civil law into criminal law offenses. In principle the sale of cars based on the agreement between the creditor and the pembiayaa by deed of sale where in this deed creditors have the right to goods in control, but the goods are still wholly owned by the guarantor.Keywords: Crime, Fraud, Security Leasing

scholarly journals Tiesību vienpusēji atkāpties no līguma realizēšanas problemātika

2015 ◽  
Vol 1 (1) ◽  
pp. 42-46
Author(s):  
Jānis Meija
Keyword(s):  
Basic Principle ◽  
Civil Law ◽  
Legal Regulation ◽  
Contract Law ◽  
Civil Code ◽  
Number Of Publications ◽  
The Right ◽  
Insight Into

Raksta uzdevums ir sniegt ieskatu tiesību vienpusēji atkāpties no līguma realizēšanas problemātikā, kas pastāv, jo Latvijas civiltiesībās līgumu pildīšanas (pacta sunt servanda) civiltiesību pamatprincipam ir visai maz izņēmumu. Rakstā izcelta problēmas praktiskā puse, kas saistās ar pārmērīgu zaudējumu, nevienlīdzīgām pušu attiecībām vai apstākļu maiņu. Rakstā analizēts pozitīvs piemērs – patērētāju kreditēšanas normatīvais regulējums. Problēmas novitāti apliecina līgumtiesību starptautiskās unifikācijas tendences, un par tām pieaug publikāciju skaits. Secinot, ka Civillikumā paplašināmas līdzēju tiesības vienpusēji atkāpties no līguma, autors piedāvā attiecīgu likumu grozījumu redakciju. The aim of the article is to provide an insight into problems of the right to withdraw from a contract unilaterally that exist because the Civil Law of Latvia has very few exceptions to the basic principle of contract filling (pacta sunt servanda). The article highlights the practical side of the problem due to excessive loss, unequal relationship between the parties or a change of circumstances. Legal regulation of consumer creditation is analyzed in the article as a positive example. The international unification trends of the Contract Law and the growing number of publications confirm the novelty of the problem. Concluding that the rights of parties to withdraw from a contract unilaterally should be extended in the Civil Code, the author proposes amendments to the relevant version of the laws.

scholarly journals Penyerobotan Tanah Secara Tidak Sah Dalam Perspektif Pidana

JURNAL BELO ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 204-217
Author(s):  
Margie Gladies Sopacua
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Land Grabbing ◽  
The Times ◽  
The Right

Land of is a very valuable asset, given the price of land is very stable and continue to rise along with the times. Unauthorized land grabbing can harm anyone even more so if the land is used for business purposes. Annexation of land by a person or group of people against another people's land can be interpreted as an act of mastering, occupy or take over someone else's land unlawfully, against the right, or in violation of applicable laws. Therefore, such actions may be sued under civil law or prosecuted under criminal law. Provisions in criminal law contained in Section 363, 365, 167 and 389, 170, 406, 412, 263, 264, 266 as Lex Generalis later in Article 2 of Law No. 51 PRP of 1960 on the Prohibition of Use of Land Without Permission Eligible or the attorney as Lex Specialist.

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

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