scholarly journals Limits of criminal law regulation of robotics

2021 ◽  
Vol 12 (3) ◽  
pp. 522-543
Author(s):  
Ildar R. Begishev ◽  
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Criminal Liability ◽  
Civil Law ◽  
Legal Regulation ◽  
Service Robots ◽  
Software Developers ◽  
Current State ◽  
Extent Of Damage ◽  
Criminal Legislation

The article analyzes the current state of intersectoral relations in the legal regulation of robotics. The author points out the complementarity and consistent integration of legal processes occurring in civil, administrative and criminal law into a single system. The connection between civil law institutions, in particular the institution of reparation and liability insurance with the provisions of criminal law is essential for the establishment of an effective criminal justice system of regulation using robotics and the construction of relevant norms. The study concluded that the main criterion distinguishing civil law torts with the use of robotics from criminal offences is the degree of public danger of these acts and the extent of damage caused from the consequences that have occurred. Civil liability for damage caused by robotics does not preclude administrative or criminal liability. The author presumes that there are no mechanisms in civil law to hold software developers for robots accountable, which is a serious omission in the context of the growing autonomy of robotics. Russian criminal legislation also does not address the problem of compensation for the use of military-type service robots in combat operations. This is a significant legal gap and prevents victims from seeking redress. The author considers it essential to recognize controlled and semi-controlled robots as sources of increased danger. The author also argues that the responsibility for the damage caused by controlled and semi-controlled robots should be assigned to the owners. Conceptually, it is considered important to take into account the degree of autonomy of robots and their relationship to the actions of operators. Both robots themselves (fully autonomous) and robotic (controlled and semi-autonomous) activities are a source of increased danger.

scholarly journals CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

scholarly journals Protection of the labor rights, freedoms and social interests in the criminal law: experience of foreign countries

2020 ◽  
pp. 32-35
Author(s):  
Tetiana LYSKO
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Labor Rights ◽  
Legal Analysis ◽  
Labour Rights ◽  
Foreign Countries ◽  
Social Interests ◽  
Labour Legislation ◽  
Criminal Legislation

The analysis of certain points of the criminal legislation of the foreign countries, which provide protection of labour rights, freedoms and social interests, is made in the paper with the help of comparative legal analysis. Despite the quite wide legal regulation of labour relations in all countries in the world, the special criminal law protection of labour rights has remained a feature of "eastern" countries of the continental family of law mainly, the so-called post-socialist family of law. The analysis of criminal legislation of foreign countries regarding criminalization of the violation of labour rights of a person is conducted in the paper. Comparative-legal analysis allows defining general approaches to formation of labour rights of employees, including in the sphere of contractual relationship. The most similar and corresponding to the national criminal legislature are the Criminal codes of Spain an Polish Republic, which establish criminal liability for violation of not only labour legislation in force, but also conditions of individual labour acts (agreements, contracts etc.). It is stated in the text that the protection of labour rights in the modern legislation of foreign countries often has fragmentary, unsystematic nature. The violation of labour safety rules is most often regulated in the criminal legislation of foreign countries. Other types of violation of the labour legislation are regulated with arbitration under administrative or civil legislation. The drawbacks of the fatherland`s legislation are mentioned and the main positive improvements in this sphere after adoption of the Criminal Code of Ukraine in 2001 are emphasized. It was made the conclusion that the list of crimes against labour rights, which are provided by modern criminal legislations, is strong enough and has specific features. The list mentioned above could be the target for improving Ukrainian criminal legislation in certain cases. Therewith it is important to remember that formation of the legislation in the sphere of the protection of labour rights, freedoms and social interests directly depends on the development of the regulatory legislation. It is the clarity and certainty of blanket norms that will become the fundamental basis for the formation of effective criminal law protection of labour rights, freedoms and interests.

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 Liability for Violation of Quarantine: Novelties of Administrative and Criminal Legislation

2020 ◽  
Vol 9 (2) ◽  
pp. 137-158
Author(s):  
Sergii Starodubov ◽  
Viktoriia Vladyshevska ◽  
Maryna Pyzhova
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Large Scale ◽  
Legal Regulation ◽  
Current State ◽  
Foreign Countries ◽  
Legislative Policy ◽  
The Subject ◽  
Criminal Legislation ◽  
Alternative Solutions

Public legislation has long failed to meet such large-scale challenges as the SARS-CoV-2 pandemic. In emergencies, to protect the lives and health of the population, it is necessary to promptly make decisions on the legal regulation of public relations that have developed due to the spread of Covid-19. For this purpose, the state has created legal mechanisms that are designed to ensure compliance with the rule of law and which need the scientific-legal assessment. The objective of the work is to analyze the novelties of administrative and criminal legislation, which regulate the liability for violation of quarantine. The object of research is the norms of administrative and criminal law. The subject of the study is public relations that have developed as a result of the introduction of quarantine and which are governed by administrative and criminal law. To achieve this goal, the situation in foreign countries was firstly analyzed; general patterns were identified; alternative solutions were proposed, with a minimum restriction of human rights and freedoms. Then, the novelties of the national legislation were studied in more detail; additional specific problems were identified; and a more balanced legislative policy was proposed. As a result of the study, the current state of legal regulation in the areas of administrative and criminal law related to quarantine violations was analyzed; the liability for such offenses was characterized; some conclusions regarding the existing related problems were made and options for their solution were proposed, as well as propositions for modernization of legislation were made.

scholarly journals Special Confiscation as a Measure of Criminal Law under Ukrainian Legislation

2020 ◽  
Vol 14 (1) ◽  
pp. 19
Author(s):  
Tetiana Nikolaienko ◽  
Viktoria Babanina ◽  
Tetiana Bohdanevych
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Legal Entity ◽  
Stage Of Development ◽  
Foreign Law ◽  
Legal Nature ◽  
European Standards ◽  
The Right ◽  
Criminal Legislation

The article is devoted to the study of special confiscation as a measure of criminal law, other than punishment, which was introduced into the legislation of Ukraine on the way of transformation and reformation of the institution of confiscation of property. The study found that the emergence of special confiscation was dictated primarily by Ukraine's choice of European integration and the need to fulfil its obligations to bring domestic criminal law in line with European standards and international legal practice in combating crime. The article notes that today the confiscation of property remains one of the most controversial measures of criminal law in both domestic and foreign law. Traditionally, in the criminal law of Ukraine, this measure played the role of one of the types of punishment. However, at the present stage of development of criminal law, the legal regulation of forced confiscation of property has undergone significant changes. Currently, this is not only a form of criminal liability, but also different from the latter, another measure of criminal law, which manifests itself in three forms, namely as: 1) special confiscation of property of an individual; 2) confiscation of property of a legal entity; 3) special confiscation of property in respect of a legal entity. The article analyzes the provisions of the current criminal legislation of Ukraine on the regulation of special confiscation as another measure of criminal law and considers the main problematic aspects of this institution in the doctrine of criminal law of Ukraine. The correlation between general confiscation and special confiscation was revealed in the article. The conclusion was drawn that these two types of confiscations are different in legal nature. Confiscation of property is a type of additional punishment, and special confiscation of property is an independent type of other measures of a criminal law nature. The main difference between the investigated institutions is that their application seizes property of different nature, namely: the subject of confiscation of property is property that belongs to the convict on the right of ownership, and in the case of special confiscation, property related to the commission of a crime is subject to confiscation.

scholarly journals Criminal Liability for Crimes Related to Illegal Trafficking of Drugs and Psychotropic Substances: The Status and Prospects

Narkokontrol ◽  
2020 ◽  
Vol 4 ◽  
pp. 3-7
Author(s):  
Anna V. Serebrennikova ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Objective Assessment ◽  
Practical Significance ◽  
Psychotropic Substances ◽  
Current State ◽  
The Status ◽  
State Of Affairs ◽  
Criminal Legislation ◽  
Narcotic Drugs

The purpose of the work is to assess the state of the criminal legislation on responsibility for crimes related to the illegal circulation of narcotic drugs and psychotropic substances. The subject of the research was criminal legislation, judicial practice and doctrinal sources. Methodology: the author used general scientific research methods, as well as a special legal formal dogmatic method. Conclusions: the author of the study, defining the current state of affairs in the field of criminal law combating illicit trafficking in narcotic drugs, psychotropic substances and their analogues in our country, notes the inconsistency and illogicality of the work of criminal law institutions in establishing responsibility for some crimes in this area, and also draws attention to the fact that the determinants of such a problem originate in an insufficiently objective assessment by the legislator of the current state of affairs. Scientific and practical significance: the necessity of taking measures aimed at differentiating the provisions of criminal legislation in this area, as well as introducing such a concept as «illegal drug business» into the current legislation is substantiated.

V. II principio dell’irretroattività della legge nell’esperienza giuridica romana dell’età repubblicana

2021 ◽  
Vol 138 (1) ◽  
pp. 245-273
Author(s):  
Umberto Laffi
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
First Century ◽  
The Political ◽  
Political Struggle ◽  
Dynamic Relationship ◽  
Depth Analysis ◽  
The Law ◽  
Criminal Legislation ◽  
Epigraphic Evidence

Abstract The Principle of the Irretroactivity of the Law in the Roman Legal Experience in the Republican Age. Through an in-depth analysis of literary and legal sources (primarily Cicero) and of epigraphic evidence, the author demonstrates that the principle of the law’s non-retroactivity was known to, and applied by, the Romans since the Republican age. The political struggle favored on several occasions the violation of this principle by imposing an extraordinary criminal legislation, aimed at sanctioning past behaviors of adversaries. But, although with undeniable limits of effectiveness in the dynamic relationship with the retroactivity, the author acknowledges that at the end of the first century BC non-retroactivity appeared as the dominant principle, consolidated both in the field of the civil law as well as substantive criminal law.

Pertanggungjawaban Pidana Terhadap Kerusakan Lingkungan Akibat Pengolahan Material Oleh PT Tukad Mas Kota Bima

SASI ◽  
2021 ◽  
Vol 27 (3) ◽  
pp. 267
Author(s):  
Hajairin Hajairin ◽  
Gufran Sanusi ◽  
Aman Ma’arij
Keyword(s):  
Material Processing ◽  
Environmental Pollution ◽  
Criminal Law ◽  
Negative Impact ◽  
Criminal Liability ◽  
Civil Law ◽  
Health Impact ◽  
City Government ◽  
Environmental Damage ◽  
Special Concern

Material processing by PT Tukad Mas Kota Bima which has a negative impact, namely the existence of pollution or environmental damage in the East Rasa Nae Subdistrict, Bima City, so that it can be held accountable under criminal law, civil law and administrative law. The purpose of this study was to determine the form of criminal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima. The research method used is empirical legal research with data collection techniques through interviews and documentation. The findings of this study indicate that legal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima can be seen in aspects of criminal law, civil law and administrative aspects. However, the Bima City Government through the Environmental Service has only given a written warning to PT Tukad Mas Kota Bima, which has been operating for decades. Whereas empirical facts have shown that there is quite severe damage, such as waste disposal that can have a health impact on the community and natural damage due to excavations carried out. Criminal liability should be a special concern, NGOs and the community even report on environmental crimes, the report is because the result of material processing causes environmental pollution as one of the elements of criminal acts against environmental pollution.

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 Criminal liability for land damage under the legislation of the cis countries

2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 22-27
Author(s):  
Sergej N. Bezugly ◽  
Galia G. Mikhaleva ◽  
Irina V. Savelieva ◽  
Oksana S. Shumilina ◽  
Natalia Yu. Zhilina
Keyword(s):  
Criminal Liability ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Land Protection ◽  
Rational Use ◽  
Advantages And Disadvantages ◽  
The Future ◽  
Special Rules ◽  
Cis Countries ◽  
Criminal Legislation

The article includes consideration of the norms on land damage under the criminal legislation of the CIS countries, analysis of approaches to the legal regulation of land protection in criminal legislation. It is determined that not all criminal laws have the special rules protecting the land only. We analyzed the signs of land damage, revealed the specifics of objective signs of land damage, as well as analyzed the advantages and disadvantages of legal regulation in comparison. It is concluded that relations on the protection and rational use of land, ensuring environmental safety are very important for the uninterrupted provision of the population with a sufficient number of safe and affordable products in the future.

Sign in / Sign up

Export Citation Format

Share Document