scholarly journals Remarks on the determinants of the criminal policy pursued by the courts via the example of the implementation of Article 178a § 2 of the Criminal Code and Articles 62–62a of the 2005 law on Counteracting Drug Addiction

2021 ◽  
Vol 57 ◽  
pp. 13-31
Author(s):  
Anna Muszyńska
Keyword(s):  
Drug Addiction ◽  
Criminal Policy ◽  
Criminal Code ◽  
Penal Code ◽  
Penal Policy ◽  
The Law ◽  
Written Law ◽  
Criminal Legislation ◽  
The Impact

The author of the study joins the discussion on the factors shaping the criminal policy characteristic for the period of validity of the Penal Code of 1997. She does so based on a selected fragment of the legal reality, outlining the impact of the criminal legislation on the criminal policy in terms of implementation of the latter by the courts. The author uses the example of the regulations of Article 178a § 2 of the Criminal Code and Articles 62–62a of the 2005 law on Counteracting Drug Addiction concerning their normative and practical terms. Analysing the crimes indicated, which belong to common behaviours, She reflects on the complexity of relations between the written law and the law in action. In conclusion, the author emphasises that it is the law in action and the examination of its results that refl ects factors that have specific significance for the shaping of penal policy.

scholarly journals MANFAAT ANALOGI DALAM HUKUM PIDANA UNTUK MENGATASI KEJAHATAN YANG MENGALAMI MODERNISASI

Yuridika ◽  
2017 ◽  
Vol 31 (2) ◽  
pp. 220
Author(s):  
Aris Hardinanto
Keyword(s):  
Information Technology ◽  
Criminal Law ◽  
Science And Technology ◽  
Criminal Code ◽  
Penal Code ◽  
Left Behind ◽  
The Law ◽  
The Difference ◽  
The Times ◽  
The Impact

The development of information technology and bring a significant impact on the development of society and the law. In the field of criminal law, appear various types of crimes recently that never existed in the laws of criminal law (CRIMINAL CODE), because by the framers, haven't gotten around to think about before. The consequences are many terms in the PENAL CODE which, if interpreted narrowly made the CRIMINAL CODE left behind by the times. To overcome stiffness in interpreting CRIMINAL CODE, then the judge is given the authority to interpret broadly known by the method of interpretation of the law. Methods of interpretation of law in the criminal law is a method of grammatical interpretation, history, teleologis, systematic, and extensive or restrikif. Legal scholars have different opinions on the interpretation of the extensive and analogy. Some legal scholars distinguish but there are who equate. The difference of views as well as to be whether the analogy application of analogy in the criminal law. The analogy has a benefit as solution addressing the stiffness of judges in interpreting the provision in the Criminal Code which have not had time unthinkable by the framers of the CRIMINAL CODE as the impact of the development of science and technology.

scholarly journals Reform of criminal Code and Requirements building of Good Governance

2016 ◽  
Vol 2 (4) ◽  
pp. 9
Author(s):  
Hassan Abd-Ali Isa
Keyword(s):  
Criminal Law ◽  
Good Governance ◽  
Criminal Policy ◽  
Criminal Code ◽  
Penal Code ◽  
Political Transformations ◽  
The Social ◽  
Dialectical Relationship ◽  
The Law ◽  
The One

The law is a key input for the establishment of good governance, it is no guarantee the rule of law cannot achieve good governance in the community requirements. So the law must be responsive to the objectives which aims to achieve good governance on the one hand, and the line with the social, economic and political transformations concurrent with his other hand. This dialectical relationship assumes without doubt the various branches of law reform, including the Iraqi Penal Code No. 111 of 1969. The purpose statement that includes research on two aspects, the first focuses on clarifying dialectical relationship between good governance and reform of the Penal Code. The second shows the main directions of the reform of the Iraqi Penal Code No. 111 of 1969, with a focus on the most important, in the light of contemporary criminal policy. It is limited to the (humanization of the criminal law), and (expand criminalization circle), and (internationalization of the criminal law).

scholarly journals ADEQUACY OF PENAL POLICY IN CRIMINAL CASES OF ORGANIZED CRIME

TEME ◽  
2020 ◽  
pp. 931
Author(s):  
Miodrag Simović ◽  
Šikman Mile
Keyword(s):  
Bosnia And Herzegovina ◽  
Organized Crime ◽  
Criminal Policy ◽  
Criminal Code ◽  
Court Case ◽  
Criminal Cases ◽  
Penal Policy ◽  
Criminal Offenses ◽  
The Law ◽  
Criminal Justice Response

Organized crime is a serious form of crime, whether it is viewed in the criminological sense or as the criminal justice response to this phenomenon. In this regard, the penal policy of the legislator should be proportionate to the gravity of organized crime. However, the penal policy of the courts does not reflect the stated intentions, which is primarily reflected in relatively mild criminal penalties for criminal offenses of organized crime. Although the case law does not contravene the law, i.e. contra legem, because it moves within the boundaries prescribed by the law, it is obvious that the issue is about imbalance of punishment for these criminal offenses, even when it comes to mitigating of the sentence of imprisonment. This paper will provide an analysis of the criminal law framework of organized crime prescribed by the Criminal Code of Bosnia and Herzegovina (CC BiH), as well as an analysis (statistical and descriptive) of the jurisprudence in the criminal cases of organized crime before the Court of Bosnia and Herzegovina (Court of BiH) for the period 2015-2018. As it is not justified and desirable for the legislator's criminal policy and court case jurisprudence to have a different approach in relation to these criminal offenses (different valuation and grading of severity of organized crimes), we will also make certain proposals for de lege ferenda. The paper is a continuation of earlier researches of this problem and is based on the analysis of court judgments in organized crime cases.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

scholarly journals Euthanasia Formulation Policy in Indonesia's Criminal Legislation and Implications for Patient Life

2021 ◽  
Vol 04 (05) ◽  
Author(s):  
Indira Inggi Aswijati ◽  
Keyword(s):  
Criminal Code ◽  
Active Euthanasia ◽  
Passive Euthanasia ◽  
Mercy Killing ◽  
The Gift ◽  
The Law ◽  
Criminal Legislation

No religion is recognized in Indonesia that allows euthanasia to be carried out. Because indeed an action in English called mercy killing or murder based on mercy can also be said to be contradictory to its name, where in carrying out the manifestation of mercy it is precisely what is done is to take the life of man, the gift of the Almighty and should be respected and guarded. Formulation of Article 344 of the Criminal Code concerning euthanasia has a weakness, among others: The existence of elements: at the request of the person himself expressed with sincerity, which makes it difficult to prove and prosecute. Article 344 of the Criminal Code is about active euthanasia, whereas the law of passive euthanasia is not regulated. Delict euthanasia is an ordinary offense, and is not an offense, so it is demanded the tenacity and sharpness of the investigating apparatus and investigators to reveal whether an act of euthanasia has been committed.

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.

scholarly journals Urgensi Penyerapan Nilai Hukum Islam dan Hukum Adat dalam Pengaturan Tindak Pidana Perzinaan

2021 ◽  
Vol 4 (1) ◽  
pp. 125-157
Author(s):  
Usman Usman ◽  
Sri Rahayu ◽  
Elizabeth Siregar
Keyword(s):  
Marital Status ◽  
Criminal Code ◽  
Basic Form ◽  
Living Together ◽  
Customary Laws ◽  
Itu Model ◽  
The Law ◽  
Definition Of ◽  
The Impact ◽  
Husband And Wife

Reflecting on the impact of adultery, adultery is a despicable act that deserves to be criminalized. Even so, the prohibition on adultery in Article 284 of the Criminal Code does not cover every form of adultery as in the view of the law that lives in society as reflected in Islamic and customary laws. The model for the formulation of the criminal act of adultery in the 2019 Criminal Code Bill has adopted the definition of adultery from the law that lives in society, although it does not yet view the perpetrator's marital status and pregnancy as burdensome elements. Likewise, it does not criminalize women who with their consent commit adultery because of trickery, and lightly penalize the perpetrators of living together as a family without being married. Therefore, the model for the formulation of the criminal act of adultery in the upcoming Criminal Code Bill should take into account: a) the marital status of the perpetrator and pregnancy as elements that are burdensome for the crime; b) a woman who with her consent commits adultery because of a trick is both a victim and a perpetrator so that she can be convicted; c) persons who live together as husband and wife outside of marriage should receive a heavier punishment than the basic form of adultery. Abstrak Bercermin dari dampak perzinaan, maka perzinaan merupakan perbuatan tercela yang pantas dikriminalisasi. Meskipun demikian, larangan perzinaan dalam Pasal 284 KUHP belum mencakup setiap bentuk perzinaan sebagaimana dalam pandangan hukum yang hidup dalam masyarakat yang tercermin dari hukum Islam dan hukum adat. Model perumusan tindak pidana perzinaan dalam RUU KUHP tahun 2019 telah mengadopsi definisi zina dari hukum yang hidup dalam masyarakat, meskipun belum memandang status perkawinan pelaku dan kehamilan sebagai unsur yang memberatkan. RUU juga tidak mengkriminalisasi perempuan yang dengan persetujuannya melakukan perzinaan karena tipu muslihat, dan memidana ringan pelaku hidup bersama sebagai keluarga tanpa nikah. Oleh karena itu model pengaturan tindak pidana perzinaan dalam RUU KUHP mendatang sebaiknya memerhatikan: a) status perkawinan pelaku dan kehamilan sebagai unsur yang memberatkan pidana; b) perempuan yang dengan persetujuannya melakukan perzinaan karena tipu muslihat merupakan korban sekaligus pelaku sehingga dapat dipidana; c) orang yang melakukan hidup bersama sebagai suami istri di luar perkawinan seharusnya mendapat pidana lebih berat dibanding jenis perzinaan dalam bentuk pokok.

ANALYSIS POLICE EFFORTS IN CLEAR HER NAME DUE TO FALSE ARREST ACCORDING TO ARTICLE 1, ITEM 23 ABOUT REHABILITATION ARREST CRIMINAL CODE

2015 ◽  
Vol 1 (2) ◽  
pp. 93-110
Author(s):  
Dadang Suprijatna
Keyword(s):  
Justice System ◽  
Descriptive Analysis ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Integral Approach ◽  
Criminal Offense ◽  
Penal Policy ◽  
The Law ◽  
The Right ◽  
Sense Of Justice

ABSTRACTPositions wrongly in Indonesia's criminal justice system was relatively less attention, and yet provide direct protection against the victim. Criminal law policy for the protection of victims of wrongful arrest of a criminal offense, used with an integral approach and balance between penal policies (penal policy) and non penal policy (non penal policy) in order to achieve the welfare of the community.  The method used in this research is a normative legal research methods descriptive analysis, which is intended to provide data as possible about a situation. In this case the intended data is data that can be used as research material, which is used to determine the various statutory provisions governing the authority of the police in restoring the good name of victims of wrongful arrests.  Rehabilitation described in Article 97 paragraph (1) as follows: "a right to obtain rehabilitation if the court acquitted or freed from all lawsuits whose decision has had permanent legal force."The consequences of the law in the case of wrongful arrests should not only for the victims be wrongly alone but ought to fulfill a sense of justice in society should also have the responsibility of police investigators alone. Legal responsibilities of law enforcement in this case that should be able to apply Article 1, point 23 of the Code of Criminal Procedure mentioned rights wrongly rehabilitation.  The conclusion of this study Accountability police investigators in arresting the suspect one of them is doing the rehabilitation of suspects, where rehabilitation is continued provision of compensation. If damages are set in the two chapters, rehabilitation arranged in one article only, namely Article 97 of the Criminal Procedure Code. Thus still expected to implementing regulations. Rehabilitation is the right person to get redress in capabilities, position and dignity and dignity given to the level of investigation, prosecution, or trial since been arrested, detained, charged, or prosecuted without reason that by law or by reason of a mistake as to the person or the law is applied.  Keywords: Clear Her, Name, False Arrest

The draft code and reliance upon official statements

Legal Studies ◽  
1989 ◽  
Vol 9 (2) ◽  
pp. 177-188 ◽  
Author(s):  
Glanville Williams
Keyword(s):  
Criminal Code ◽  
Penal Code ◽  
Model Penal Code ◽  
Draft Code ◽  
American Law ◽  
The Law ◽  
Political Realities ◽  
Law Commission

Any project to draft a criminal code has to compromise between the desirable and the politically possible. It may be that the draft now produced by the Law Commission, or something like it, is the best that can safely be backed, though the contrast between it and the American Law Institute's Model Penal Code (which also had to take account of political realities, and yet has been adopted in many States) is a painful reflection on our stodginess. It is hard to avoid the impression that the Law Commission have been too cautious in their approach, leaning too much in favour of bare restatement of the existing law and against modifications that experience or reflection show to be necessary.

EVOLUTION OF PUNISHMENT IN RUSSIAN CRIMINAL LAW:PROBLEMS OF CONSISTENCY AND IMPROVEMENT

2020 ◽  
pp. 46-52
Author(s):  
S. V. Rozenko
Keyword(s):  
Criminal Policy ◽  
Criminal Code ◽  
The State ◽  
State Punishment ◽  
Legal Structure ◽  
Legal Nature ◽  
Definition Of ◽  
Criminal Legislation ◽  
Legal Character ◽  
Scientific Doctrine

The article analyzes the evolution of punishment in Russian criminal law and scientific doctrine. The article considers the dynamics of development and improvement of the definition of punishment in the Soviet and Russian criminal legislation. The refusal of punishment in punishment is analyzed, which is explained by the development of several trends of mitigation of punishment. Changes in many provisions on punishment confirm that this institution has a social and legal necessity and importance for society and the state. Is considered a long process of exclusion from the punishment uncharacteristic of regulations and the formation of the criminal code of legal structure, where the punishment has ceased to be an obligatory consequence of the crime, as embodied and other measures of criminal-legal nature, like legal consequences of the crime. The essence of criminal punishment is recognized as a historically variable category, since it is determined by the objectives of criminal policy implemented by the state. Punishment includes legal restriction of the person, its rights and freedoms, but it is caused by system interaction with other measures of criminal-legal character.

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