scholarly journals Conceptual Change in the law of Medicolegal Certification of injuries

2016 ◽  
Vol 9 (1) ◽  
Author(s):  
Delawar Khan ◽  
Khalid Aziz ◽  
Inayar Ur Khalil
Keyword(s):  
Conceptual Change ◽  
Criminal Law ◽  
Human Body ◽  
New Classification ◽  
True Nature ◽  
The Law ◽  
First Time

The Laws relating the offences against the human body has completely changed with the promulgation of the Criminal Law Ordinance, commonly called Qisas and Diyat Law but the doctors in their medicolegal certificates still express their opinions according to the previous law, which causes problem for the courts to assess the true nature of injury. This practice should immediately be stopped as it confuses the facts, dims the issue and hinders the dispensation of justice. Qisas and Diyat Law has introduced new classification of hurt (injury), which is more clear and elaborate. Besides, this law has provided compensation for physical sufferings due to criminal hurts for the first time in Pakistan. The provisions for the grant of compensation for criminal damages are Arsh, Daman and diyat. In addition there is a provision of qisas. These legal terms should be clearly understood before undertaking medico legal certification.

KEBIJAKAN KRIMINALISASI DALAM UNDANG-UNDANG DI BIDANG POLITIK

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (1) ◽  
pp. 1592
Author(s):  
Hanafi Amrani
Keyword(s):  
Criminal Law ◽  
Administrative Law ◽  
Moral Values ◽  
Criminal Sanction ◽  
Criminal Sanctions ◽  
The Law

AbstrakArtikel ini membahas dua permasalahan pokok: pertama, kriteria yang digunakan oleh pembentuk undang-undang di bidang politik dalam menetapkan suatu perbuatan sebagai perbuatan pidana (kriminalisasi); dan kedua, fungsi sanksi pidana dalam undang-undang di bidang politik. Terkait dengan kriminalisasi, undang-undang di bidang politik yang termasuk ke dalam hukum administrasi, maka pertimbangan dari pembuat undang-undang tentu saja tidak sekedar kriminalisasi sebagaimana diatur dalam ketentuan hukum pidana dalam arti sebenarnya. Hal tersebut disebabkan adanya pertimbangan-pertimbangan tertentu. Pertama, perbuatan yang dilarang dalam hukum pidana administrasi lebih berorientasi pada perbuatan yang bersifat mala prohibita, sedangkan dalam ketentuan hukum pidana yang sesungguhnya berorientasi pada perbuatan yang bersifat mala in se. Kedua, sebagai konsekuensi dari adanya penggolongan dua kategori kejahatan tersebut, maka pertimbangan yang dijadikan acuan juga akan berbeda. Untuk yang pertama (mala prohibita), sanksi pidana itu dibutuhkan untuk menjamin ditegakkannya hukum administrasi tersebut. Dalam hal ini sanksi pidana berfungsi sebagai pengendali dan pengontrol tingkah laku individu untuk mencapai suatu keadaan yang diinginkan. Sedangkan untuk yang kedua (mala in se), fungsi hukum pidana dan sanksi pidana lebih berorientasi pada melindungi dan mempertahankan nilai-nilai moral yang tertanam di masyarakat tempat di mana hukum itu diberlakukan atau ditegakkan. Kata Kunci: Kebijakan, Kriminalisasi, Undang-Undang PolitikThis article discusses two main problems: firstly, the criteria used by the legislators in the field of politics in determining an act as a criminal act (criminalization); secondly, the function of criminal sanctions in legislation in the field of politics. Associated with criminalization, legislation in the field of politics that is included in administrative law, the consideration of the legislators of course not just criminalization as stipulated in the provisions of criminal law in the true sense. This is due to certain considerations. Firstly, the act which is forbidden in the administration of criminal law is more oriented to act is malum prohibitum offences, whereas in actual criminal law provisions in the act are mala in se offences. Secondly, as a consequence of the existence of two categories of classification of the crime, then consideration will also vary as a reference. For the first (mala prohibita), criminal sanctions are needed to ensure the enforcement of the administrative law. In this case the criminal sanction serves as controller and controlling the behavior of individuals to achieve a desired state. As for the second (mala in se), the function of criminal law and criminal sanctions is more oriented to protect and maintain the moral values that are embedded in a society where the law was enacted or enforced.

Formation and development of a Special part of criminal law in the period of the X – beginning of the XX century

2021 ◽  
pp. 150
Author(s):  
Ruslan G. Aslanyan
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Institutional Structure ◽  
Historical Aspects ◽  
Literary Sources ◽  
Special Part ◽  
The Law

The article examines the historical aspects of the formation and development of a Special part of the Russian Criminal Law. The analysis is based on legal monuments of the X - beginning of the XX century and literary sources. The research is developing in three main directions: a) the ratio of the law and other forms of expression of criminal law prescriptions (here the process of transition from customs to the law as the only means of expressing criminal law norms is revealed); 2) types and system of criminal laws (here the transition from intersectoral laws to the formation of a specialized Criminal Code is shown); 3) systematization of criminal law regulations (here the issues of classification of crimes and structuring of criminal law institutions are revealed). As the main result, it is summarized that by the beginning of the XX century, the idea of creating an independent criminal law was not only implemented in the country, but also, firstly, the principle of its pandect structure was put into practice, suggesting the isolation of its Special part in the structure of the Code and, secondly, the principle of building the most Special part, based on the institutional structure of the industry and the content of goods protected by law.

scholarly journals CRIMINAL DELINQUENCY – CYBERSTALKING: CHARACTERISTICS OF OBJECT AND OBJECTIVE SIDE

2018 ◽  
Vol 2 (83) ◽  
pp. 45
Author(s):  
Uldis Ķinis
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Written Text ◽  
Legitimate Interest ◽  
International Regulations ◽  
Actus Reus ◽  
The Law ◽  
Definition Of ◽  
Objective Side ◽  
First Time

On January 2018 significant amendments to the Criminal Law and the Law On the Procedure for Application of the Criminal Law came into force in Latvia. These changes not only in the first time introduce the criminal responsibility for the emotional violence, but also determine the procedure for assessing emotional disparity, equating the effects to telepathic injuries.In the article, the author reviews a modality of crime “persecution” - cyber-persecution. Although the legislator in the annotation of the law provides that the article also shall be applicable to acts committed in cyberspace, at the same time, the author indicates some problems that may arise due to the narrow interpretation of the law by the law enforcement. The purpose of the article is to study the object (protected legitimate interest) and the objective side (actus reus) of the offense - cyber-stalking. For purposes of research, several methods have been used. The method of comparative analysis, for examination and comparison of external and international regulations. Methods of legal interpretation used to disclose the differences between the understanding of the written text of the definition of the crime and what ought to be understood in the meaning of the norm. Finally, the author presents the conclusions and proposals on the application of the norm.

OFFENSES AGAINST THE ENVIRONMENT, ESSENTIAL DAMAGE ASSESSMENT IN THEORY AND PRACTICE

2017 ◽  
Vol 1 (78) ◽  
pp. 30
Author(s):  
Silvija Kotāne
Keyword(s):  
Criminal Law ◽  
Significant Risk ◽  
Legal Protection ◽  
Theory And Practice ◽  
Forest Environment ◽  
Criminal Offense ◽  
Significant Damage ◽  
The Law ◽  
The Republic

This paper shall review of the development of environmental criminal – legal protection in the Republic of Latvia. One of the most complicated valuation terms in Criminal law is essential harm. The adverse effects of marking, used assessment concept – "essential harm" to the Criminal Law Section 11, provisions are included as a criminal offense frame sign. Valuation concept „essential harm” or “significant damage” is widely used. Material injury is one of the mandatory features of the objective of acriminal offence defining the legal classification of the offence and, inany particular case, to assess the nature and consequences of thedamage in relation to the interests laid down by the law. In all cases, regulation is not specified. Significant damage and other interests protected by law in nature and severity to determine the natural environment, human health can be an expert evaluation. In deciding the question of material injury, which is especially qualifying characteristic of the Criminal Law Article 109, followed to the Special Law Annex 1 "Criteria for the detectable threat or significant risk to the law protected the interests of the forest environment conservation." With regard to essential harm the forest environment, evaluation is embedded in the law and are applied in practice.

Two new species and new records of Psychoda Latreille (Diptera: Psychodidae: Psychodinae) from Brazil, with comments on supraspecific classification of the genus

Zootaxa ◽  
2006 ◽  
Vol 1298 (1) ◽  
pp. 1 ◽  
Author(s):  
FREDDY BRAVO ◽  
DANILO CORDEIRO ◽  
CINTHIA CHAGAS
Keyword(s):  
Latin America ◽  
New Species ◽  
New Records ◽  
Caribbean Region ◽  
Southern Brazil ◽  
New Classification ◽  
Two New Species ◽  
The Caribbean ◽  
First Time

Two new species of Brazilian Psychoda Latreille are described, and Psychoda alternata Say and P. zetoscota Quate are recorded for the first time from Brazil. Psychoda divaricata Duckhouse, already described from southern Brazil, was recorded in the northeastern part of that country, as well as in the eastern Amazon region. The supraspecific classification proposed for the species of Psychoda according to Quate (= Psychodini of Jeñek) are discussed. A new classification is suggested that considers only one genus, Psychoda, divided into 12 subgenera: subgenus Psychoda Latreille, subgenus Copropsychoda Vaillant, subgenus Falsologima Jeñek & Harten, subgenus Psychodula Jeñek, subgenus Psychomora Jeñek, subgenus Psychana Jeñek & Harten, subgenus Logima Eaton, subgenus Tinearia Schellenberg, subgenus Chodopsycha Jeñek, subgenus Ypsydocha Jeñek, subgenus Psychodocha Jeñek, and subgenus Psycha Jeñek. A list of the Psychoda species from Latin America and the Caribbean region is presented.

scholarly journals Modern Classification of the Properties of Papillary Patterns of Human Hands and Feet for the Solution of Identification and Non-Identification Problems in Forensic Expert Activities

2021 ◽  
Vol 18 (4) ◽  
pp. 445-459
Author(s):  
V. I. Balko
Keyword(s):  
Body Fat ◽  
Human Body ◽  
Identification Problems ◽  
Basic Properties ◽  
Modern Classification ◽  
Definition Of ◽  
Hands And Feet ◽  
First Time ◽  
Papillary Pattern

The relevance and novelty of the topic of the article is connected with the fact that for the first time the improved classification of the properties of human papillary patterns and their displays and the dynamic trend of expanding the legal base of fingerprint registration in the world are considered. The goal is to systematize the properties of human papillary patterns and their representations. General scientific and special methods were used. The analysis of the literature and the author's practice allow us to identify and consider the following properties of papillary patterns and their mappings, which were divided into three groups for cognitive purposes: their own properties, the properties of mappings, and the properties of the fat-rich substance of the human papillary pattern and its trace. For the first time, the properties of the poly-fat substance of the human papillary pattern and its trace are presented, which is important in view of the trend in the development of complex fingerprint examination. For the first time, the first and second groups are conditionally divided into four subgroups: for solving identification, diagnostic, classification and situational problems. For the first time, the third group is further conditionally divided into four subgroups: according to the interaction of the human body fat with the carrier object; according to the isolation of the human body fat trace; according to the dynamics of the preservation and contrast of the display of the fat-free substance of the human papillary pattern. On the other hand, the properties of papillary patterns themselves are divided into basic properties and properties for solving identification and non-identification problems, respectively. The author's definition of the following concepts is presented: "basic properties of human papillary patterns" and "properties of human papillary patterns", "basic properties of human papillary patterns mappings" and "properties of human papillary patterns mappings", "basic properties of human papillary matter" and "properties of human papillary matter", "basic properties of human papillary matter" and" properties of human papillary matter". This provides an opportunity for specialists and teachers to improve their cognitive and practical activities, and for those responsible and competent for the organization of examinations to consider creating a center for comprehensive fingerprint examination.

scholarly journals CONSTITUTIVE EVALUATIVE CONCEPTS IN CRIMINAL LAW: CONCEPT, TYPES, FUNCTIONS, ESSENTIAL FEATURES

2021 ◽  
Vol 31 (3) ◽  
pp. 450-458
Author(s):  
D.R. Kasimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Structural Features ◽  
Criminal Code ◽  
New Classification ◽  
Functional Features ◽  
The Russian Federation ◽  
Definition Of ◽  
Cognitive Meaning

The article provides a new classification of evaluative concepts enshrined in the Criminal Code of the Russian Federation, indicates the purpose of its existence in the doctrine of criminal law. The article describes the definition of constitutive evaluative concepts that are determined as legislatively vague evaluative concepts that, by their normative-essential and functionally-substantive characteristics, are absolute, necessarily alternative, or accompanying structural features of a crime. Through the prism of the features of constitutive evaluative concepts, their varieties, essential features and functions are distinguished; interpretation (including cognitive) meaning is revealed. Moreover, the interpretation features of these evaluative concepts are considered in two interdependent aspects: the structurally-essential (associated with the types, attributes and functions of constitutive evaluative concepts) and the procedural-substantive (associated with the informative and informative activities of the interpreter). It is indicated that the interpretation features of an structurally-essential nature are, firstly, in the composition and criminogenic properties of constitutive evaluative concepts, and secondly, in the semantic structural composition, indicating a meaningful dependence of the evaluative concept on the accompanying structural features of a crime, and thirdly, legally significant functional features. At the same time, interpretative features of a procedural-substantive order are also highlighted, which include, firstly, the need for a paramount definition of the criminogenic determinant, designed to establish the structural features of a crime in a perfect act, and secondly, in an increased degree of normative casuistic derivative of these evaluative concepts. The author comes to the conclusion that constitutive evaluative concepts are interpreted according to the same logical-linguistic and legal laws, but with some marked structurally meaningful features.

scholarly journals On the issue of early parole from serving a sentence in the Kyrgyz Republic

2020 ◽  
Vol 2 (3) ◽  
pp. 176-181
Author(s):  
Kunduz Zhetigenova
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Regulation ◽  
Kyrgyz Republic ◽  
Correctional Institutions ◽  
Life Imprisonment ◽  
Full Compensation ◽  
The Law ◽  
First Time ◽  
State Body

The article is devoted to the grounds and conditions for parole from serving a criminal sentence. The article considers the legislative and law enforcement problems that arise when applying the rules governing the procedure for evaluating the behavior of a convicted person during the period of serving a sentence. On January 1, 2019, the new legislation of the Kyrgyz Republic of the criminal law block came into force, which significantly changed the procedure for parole from criminal punishment. At present, it is only possible in relation to persons sentenced to punishments related to isolation from society. In addition, the provision on parole application in relation to additional punishment is excluded from the criminal law. However, the new law eased the situation of a convict for damages compensation, extended the circle of persons entitled to apply for considering the case on parole (abolished in accordance with the rules of parole was possible only after full compensation of the material damage caused by the crime). The legislator also reduced the number of circumstances prohibiting the use of parole from serving a sentence, and showed humanity in relation to certain categories of convicts (the norm on the application of p from serving a sentence in relation to persons sentenced to life imprisonment). The issue of creating a specialized authorized state body that carries out the execution of criminal penalties that are not related to isolation from society, compulsory measures of criminal legal influence, supervision of persons released on parole from correctional institutions, with the performance of social and legal functions of the probation body, was resolved. However, despite all the positive changes, the study allowed the author to conclude that there are actual problems of legal regulation and practical application of the provisions on the conditions and grounds for parole. In particular, the law does not reflect who exactly should act as a person who compensates for damages. In practice, there are often cases when the convicted person did not work, and the damage was paid by relatives. At the same time, the court has no grounds for refusing to apply for parole. In such circumstances, it is doubtful that the goals of the convicted person’s correction have been achieved. In addition, currently the law stipulates the same rules for the application of parole for persons who have committed crimes for the first time, as well as for persons convicted for a set of crimes and a set of sentences.

scholarly journals A Comparative Study of Absolute Liability Offense in Iran and the UK

2016 ◽  
Vol 12 (3) ◽  
pp. 135
Author(s):  
Seyed Mohammad Mousavi ◽  
Arash Babaei ◽  
Shamsollah Khatami ◽  
Yousef Jafarzadi
Keyword(s):  
Comparative Study ◽  
Criminal Law ◽  
Common Law ◽  
Objective Measure ◽  
Legal Texts ◽  
The Face ◽  
The Common ◽  
The Law ◽  
The Uk ◽  
First Time

<p>One characteristic of the force of law in the country, the integrity of the rules in all areas of all aspects of creation into account the distinction between crime and the crime and failed or incomplete in acts of crime and crime as the withdrawal. In this respect the rules on penalties culpability in the crime has been proposed that the content of the crime with absolute responsibility of these categories has manifested. Under the Articles 144 and 145 of the Latest version Islamic criminal law (2013), Create unintentional offenses, subject to verification of the fault committed. In crimes ranging from quasi-intentional unintentional deviation as retaliation book rules apply. Legislator to commit a fault, the reason for the error is considered criminal, which has always been considered an objective measure and a ruler (in Article 145), while the common law under subsection (1) "criminal law to crimes" adopted 1981 crime start as the offense is punishable total. This study showed that certain similarities between the laws. In this context, the two internal laws and the common law can be found, in which the underlying offense of absolute liability is not fixed in the courts. Always treat judges and lawyers in the face of legal texts are not consistent because of the lack of transparency and clarity of the rules. In particular, in the common law, when a crime for the first time in cour t, and a warrant has been issued about it in terms of predicting the law and with regard to the interpretation of judges, procedural difference is more tangible.</p>

Discontinuities in Criminal Law

2021 ◽  
Vol 22 (1) ◽  
pp. 137-157
Author(s):  
Avlana K. Eisenberg
Keyword(s):  
Criminal Law ◽  
Drastic Change ◽  
Fine Tuning ◽  
Input Output ◽  
Theories Of Punishment ◽  
The Law ◽  
Inputs And Outputs

Abstract The law values fairness, proportionality, and predictability. Accordingly, in the context of criminal law, punishments should be carefully calibrated to reflect the harm caused by an offense and the culpability of the offender. Yet, while this would suggest the dominance of “smooth” input/output relationships—for example, such that a minuscule increase in culpability would result in a correspondingly small increase in punishment—in fact, the law is laden with “bumpy” input/output relationships. Indeed, a minuscule change in input (be it of harm, culpability, or any number of other measures) may result in a drastic change in output, creating significant discontinuities. Leading scholars have argued that smooth input/output relationships, which feature careful gradation and calibration, better accord with dominant theories of punishment than do bumpy relationships, which lack fine-tuning. Accepting as a starting premise that smooth input/ output relationships are to be preferred in the criminal law, this Article focuses on the significant doctrinal and practical impediments to smoothing out these relationships. This analysis reveals challenges to smoothing out relationships between inputs and outputs, as well as the difficulties associated with addressing discontinuous relationships among inputs and outputs. Specifically, it exposes the law’s classification of inputs and outputs itself as contestable and responsible for a range of hard-to-resolve discontinuities. In doing so, this Article begins the task of laying the groundwork for further analysis and possible reforms.

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