scholarly journals PECULIARITIES OF PENALTIES TO MINORs RELATED TO the LABOR ACTIVITY

2017 ◽  
Vol 21 (1) ◽  
pp. 184-190
Author(s):  
T. G. Lepina
Keyword(s):  
Higher Education ◽  
Community Service ◽  
Criminal Responsibility ◽  
Labor Law ◽  
Criminal Code ◽  
Service Work ◽  
The Law ◽  
A Minor ◽  
First Time ◽  
Maximum Retention

The article deals with the institution of compulsory work applied to minors, because at present this type of punishment attracts attention of scientists and practitioners. The advantage is that teenagers who commit crimes, which are of no great public danger, have a real opportunity to improve in case they are isolated from the society. However, there are also problems of applying punishment in the form of compulsory community service work to minors. The analysis of the norms of the criminal and labor law in the part of regulating the procedure for appointing the specified punishment in relation to minors was carried out. Some interdisciplinary mismatches in this area have been identified, and possible solutions have been proposed. The question of expediency of using deductions in the amount of 5 to 20% of wages is analyzed. The opinions of both supporters and opponents of such measures are given. Some researchers believe that this provision of the law does not correspond to the principles of humanism, the differentiation of criminal responsibility and punishment. They suggest setting a maximum retention threshold of 10%. Scientists also discuss duration of this measure of punishment. In addition, the author draws attention to the problem of applying compulsory community service work to minors who study at school or institution of higher education. The paper highlights the problem of changing the punishment in case of malicious evasion of compulsory or corrective service work. At present, they can be replaced only by imprisonment. However, part 6 of Art. 88 of the Criminal Code establishes a ban on the appointment of liberty deprivation to a minor convicted person who committed a crime of small or medium gravity for the first time at the age of sixteen, as well as to other juvenile convicts who committed crimes of minor gravity for the first time. Therefore, it is not always possible to replace the corresponding punishments for imprisonment even if a teenager refuses to perform compulsory or corrective service.

scholarly journals Corrigendum

2018 ◽  
Vol 14 (2) ◽  
pp. NP1-NP2
Keyword(s):  
Intellectual Property ◽  
Long Range ◽  
Labor Law ◽  
The Internet ◽  
Law Of War ◽  
Acoustic Device ◽  
The Law ◽  
Media Reports ◽  
First Time ◽  
Us University

James E.K. Parker, Towards an Acoustic Jurisprudence: Law and the Long Range Acoustic Device, Law, Culture and the Humanities (LCH). DOI: 10.1177/1743872115615502 The following corrections have been made to the article: Under heading III.1, another paragraph has been added. This paragraph begins ‘Whereas normal loudspeaker works…’ Under heading III.2, a paragraph has been edited: ‘In effect, what ATC did with the LRAD…’ Under heading III.2, the first sentence of the last paragraph has been expanded to clarify that the G-20 summit was held in Pittsburgh: The LRAD seems to have been used by police for the first time in Georgia in 2007, before receiving its first and most notorious outing on American soil in September 2009 at protests relating to the G-20 Summit being held in Pittsburgh.66 Under heading III.4, the sentence below in the second paragraph has been changed as follows: The law of property provides the conditions for the circulation and ownership of knowledge that enable developments in the science of acoustics at a US university in the 1950s to re-emerge as failed commercial prototypes in Japan in the 1980s only to be taken up again in 1996 by ACT before being patented, trademarked and marketed first as HSS® and then as the LRAD.82 Under heading III.4, the following has been added to the end of the paragraph ‘If the LRAD was originally imagined…’: Not that the presiding judge in the Toronto case would know however. In his discussion of a deposition by Professor David Wood, of Queen’s University, relating to ‘videos posted on the internet’ documenting the LRAD’s use at Pittsburgh, Justice Brown notes that, ‘unfortunately, Professor Wood did not attach any of those media reports or videos as exhibits to his affidavit. As a result, I cannot attach any weight to his statements.’93 Indeed, it’s not clear that any recordings of an LRAD in action were ever actually played in court. As far as I know, the LRAD has yet to feature in the ‘judicial soundscape’. In the conclusion the word ‘copyright’ has been replaced with ‘intellectual property’: The LRAD is the product of diverse institutions, jurisdictions and areas of doctrine, stretching from the law of intellectual property through the law of war to constitutional and labor law. The references and reference numbers have been updated accordingly. All the subsequent versions of the article will be corrected.

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.

scholarly journals Mistake of fact and endangering actions as circumstances which can affect differentiation of criminal responsibility for unfinished crime

2020 ◽  
pp. 286-290
Author(s):  
Natalia Antoniuk
Keyword(s):  
Social Relations ◽  
Criminal Responsibility ◽  
Human Life ◽  
Subjective Evaluation ◽  
Criminal Code ◽  
Special Part ◽  
The Subject ◽  
Severe Punishment ◽  
A Minor ◽  
Legal Consequences

 Most of the aspects of differentiation of criminal responsibility for unfinished crime though being discussional, are duly researched in the criminal scientific studies. However, the sphere of unresearched institutes exists enabling us to speak about its influence on differentiation of criminal responsibility. This institutes are the mistake of fact and so called “delicts of endangering” The purpose of this research is to analyze the differentiated influence on criminal responsibility of crimes committed with the feature of mistake of fact and of delicts of endangering. It is planned to illustrate, basing on certain examples, the importance of these institutes for differentiation of criminal responsibility. By the way, the task of this article is to reveal the shortcomings of criminal law in force and to make propositions on their removing. Up to date, taking into consideration the provisions of part 3, 4 of Article 68 of the Criminal Code of Ukraine, the court can`t impose punishment on person, guilty of committing a crime under effect of mistake of fact, qualified as attempt, higher than 2/3 of the maximal severe punishment (envisaged in article of special part of the Criminal Code). The court, as well, can`t (in most cases) impose life imprisonment even when the damage totally equals the damage caused by finished crime. For instance, planning to kill with mercenary motives a minor, the guilty person kills an adult. This action can’t be qualified as finished crime, as the mistake of victim occurs. Nevertheless, object of human life is objectively damaged. So, the crucial necessity to make equal between each other finished crime and crime, committed under influence of mistake of fact, is evident. Differentiating criminal responsibility in situations when damage is desired by the guilty person, the legislator in fact hasn’t bothered to duly differentiate criminal-legal consequences in case of endangering without the desire of such damage. That`s why it is of great importance to regulate by norms criminal actions which are endangering social relations with social dangerous damages, but don’t have the features of criminal aim, motive and desire of guilty person. This step can provide differentiated approach towards socially dangerous behavior, delimiting the estimation of act and consequence. It can concentrate the attention on subjective evaluation of potential consequences by guilty person, notwithstanding the factors, which often exist besides mental estimation of the subject.

scholarly journals Guilt in compositions of crimes against bases of national safety of Ukraine: problem questions of theory and fixing in a law on criminal responsibility

2019 ◽  
pp. 136-150
Author(s):  
R. Chorniy
Keyword(s):  
National Security ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Special Part ◽  
Direct Indication ◽  
General Part ◽  
The Law ◽  
Transfer Of Information

The article is devoted to the investigation of forms and types of guilt in the composition of crimes against the basics of national security of Ukraine. The presence of a number of unresolved issues at the theoretical and legal level on this issue actualizes the need for its scientific elaboration and formulation of proposals to improve the provisions of the law on criminal liability. The purpose of the article is to investigate the problematic issues of forms and types of guilt in crimes against the bases of national security of Ukraine, ways of fixing them in the articles of Section I of the Special part of the Criminal Code of Ukraine and to develop sound proposals for their solution based on the provisions of the doctrine of criminal law. The article presents the existing approaches of doctrinal interpretation by scientists of the provisions on wine, its forms and types, through which the research of this feature in the crimes under Art. Art. 109 - 114-1 of the Criminal Code of Ukraine. It is proved that the most reasonable is the psychological concept of guilt, which promotes the insertion of forms and types of guilt in crimes against the basics of national security with a formal composition, the elucidation of forms of guilt in the warehouses of crimes provided by articles of section I of the Special part of the Criminal Code of Ukraine, in which the legislator directly does not say that it is one of the preconditions for the proper qualification of the act committed by the person. It is proved that the basis for the conclusion about the intentional form of guilt is based on: 1) a direct indication of it in the norm of the law (Part 1 of Article 110 and Part 1 of Article 111 of the Criminal Code of Ukraine); 2) indication of the specific purpose or motives of the criminal behavior (Part 1 of Article 109, Note 1, Part 1 and Part 2 of Article 110-2, Article 113, Part 1 of Article 114 and Article 112 of the Criminal Code of Ukraine) ; 3) combination of the above mentioned features in one norm (Part 1 of Article 110 of the Criminal Code of Ukraine); 4) interpretation of terms used in the dispositions of certain articles and / or through the description in the law of the features of the crime (Part 1 of Article 110, Part 2 of Article 109, Part 1 of Article 110, Part 1 of Article 111, Article 112, Article 113, Part 1 of Article 114 and Part 1 of Article 114-1 of the Criminal Code of Ukraine); 5) interpretation of terms used in other articles of the Special (espionage as a part of state treason) or articles of the General part of the Criminal Code of Ukraine (conspiracy to commit the actions provided for in part 1 of Article 109 of the Criminal Code of Ukraine (Article 26 of the Criminal Code of Ukraine), attempted murder state or public figure (Article 112 of the Criminal Code of Ukraine) (part 1 of Article 15 of the Criminal Code of Ukraine); 6) the orientation of socially dangerous acts. The specifics of constructing all these norms testify to the direct intent of the person who committed the respective crime. On this basis it is substantiated that the lack of specification of intent in part 1 of Art. 111 and Part 1 of Art. 110 of the Criminal Code of Ukraine does not contribute to the clarity of the provisions of the Criminal Code in the specified part, and the direct intent in the composition of these crimes is evidenced by: 1) special purpose (Part 1 of Article 110 of the Criminal Code); 2) the terms used in the dispositions of the said articles (“violation of the order… established by the Constitution of Ukraine” (part 1 of Article 110), “transfer of information…, transition to the enemy's side, rendering… assistance in carrying out subversive activities against Ukraine”) ( Part 1 of Article 111); 3) the focus of socially dangerous action. In order to eliminate the ambiguous interpretation of the provisions of Part 1 of Art. 110 and Part 1 of Art. 111 of the Criminal Code it is proposed to amend them accordingly. The forms and type of guilt in the warehouses of crimes with material composition (Part 3 of Article 110, Part 3 and 4 of Article 110-2, Part 2 of Article 114-1 of the Criminal Code of Ukraine) were not clearly reflected in the relevant rules of the law. It is substantiated that the subject's attitude to socially dangerous consequences (deaths of people (h. 3 Art. 110, h. 2 Art. 114-1), other grave consequences (h. 3 Art. 110, h. 4 Art. 110- 2, Part 2 of Article 114-1) Causing considerable property damage (Part 3 of Article 110-2) can be intentional or negligent.

scholarly journals The Position And Function Of Notary In The Using Of State Symbol

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 9
Author(s):  
Arief Rahman Siregar ◽  
Gunarto Gunarto
Keyword(s):  
Criminal Responsibility ◽  
Secondary Data ◽  
Letter Position ◽  
Problem Formulation ◽  
Criminal Code ◽  
The State ◽  
Positive Law ◽  
The Law ◽  
Notary Public ◽  
And Function

This study tried to answer the problem formulation is What position and Function of Notary in using the State symbol? What if Notaries do malpractices in the using of State Symbol and how sanctions against malpractice Notary Public who use the State Symbol? The purpose of this study to determine the position and Function of Notary in using the State Symbol, and determine sanctions against notaries who do mal practice in the using of State Symbol.This research was conducted using the normative method, means testing and reviewing secondary data, using literature data in the form of positive law relating to Legislation relating to the issues discussed.The results of this study concluded that a Notary Public in the office using the Symbol State under Article 16 paragraph (1) letter k of Notary law) and use of the State symbol of Notary's Stamp or Head Letter Position as stipulated in Article 54 paragraph (1) letter j Act No. 24 of 2009 and as Stamp of Department Office as stipulated in Article 54 paragraph (2) letter j Act No. 24 of 2009, while the Notary malpractice in the using of State symbol is not necessarily directly given to criminal sanctions as a form of application of the law ultimum remidium. because there are several steps that must be passed given the Notary has its own rules in the Law on Notary. Notary of the behavior is also governed by a special organization that Indonesian Notary Association (INI), but still asked the criminal responsibility under Act No. 24 of 2009 and Article 154 of the Criminal Code letter if indeed Notary proven legally and convincingly to have malpractice against the using of State Symbol.Keywords: Notary Authority; Notary Position; Sanctions Against Notary.

Legislation of the Republic of Kazakhstan Regarding Criminal Infractions and the Law Enforcement Practice

2018 ◽  
Vol 9 (1) ◽  
pp. 194
Author(s):  
Aibar S. NURKHAN
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
World Economy ◽  
Criminal Responsibility ◽  
Legal Framework ◽  
Criminal Code ◽  
Comparison Analysis ◽  
State Administration ◽  
The Law ◽  
The Republic

Studying of issues regarding criminal infractions – whether intended or imprudent – plays quite a significant role. Fundamental changes taking part in world economy and politics, globalization processes, as well as internal dynamics of country development, undoubtedly, have impact on national legal framework, including criminal law. Therefore, the main goal of the present paper is the analysis of legislation of the Republic of Kazakhstan regarding criminal infractions and the law enforcement practice. To reach this goal authors have used methods of comparison, analysis and data systematization. As a result it has been found that in Kazakhstan there are at average 4,3 registered criminal infractions per a convict. The term of criminal infraction has appeared in the Criminal Code in 2014 to cover offences of small gravity and administrative violations that cannot be referred to the sphere of state administration. Authors have revealed the punishment in the present day Kazakhstan is not a main form of criminal responsibility realization. In the majority of cases linked to criminal infractions the persons committed them are relieved from criminal responsibility at the stage of prejudicial inquiry.

scholarly journals The exemption from criminal liability in view of admission by bail: theory and practice

1970 ◽  
pp. 354-358
Author(s):  
Olena Yushchyk
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Theory And Practice ◽  
Public Order ◽  
Negative Side ◽  
Special Place ◽  
Or Organization ◽  
First Time ◽  
Probationary Period

The article investigates the grounds and conditions of application of exemption from criminal liability in connection with the transfer of a person on bail. It is established that the specified type of release allows the person who has committed a crime under certain grounds and conditions not to incur criminal responsibility, and to admit the guilt and to be corrected within labor collective and to show that it is capable to live in society as worthy its member and not to break norms of the law. Further release of a person from criminal liability in connection with the transfer of her bail depends on her behavior during the probationary period. A person must inspire the trust of the labor collective, not to evade educational measures and not to violate public order. Accordingly, the positive flow of the probation period depends on the court or will decide on the final exemption from criminal liability from the committed crime. To the grounds which authorize the application of article 47 of the criminal code of Ukraine and the ability to release a person from criminal liability with bail include: the person has committed a crime for the first time; the act is a crime of small or average gravity; the person who committed the crime sincerely repented; the collective of enterprise, institution or organization has applied for the bail of the person; the person who committed the crime has no objection to the closing of the criminal rim according to non-rehabilitating grounds. Exemption from criminal liability in connection with the transfer of a person on bail occupies a special place among other types of this institution. The peculiarity is that this type of exemption has a conditional nature of application. Therefore, for further exemption from criminal liability, a person must show his way of correction within a certain period of time by showing confidence in the labor collective, not by evading educational measures and not by violating public order. It is in this way that a person can show himself as a positive and negative side, which will be the basis for the subsequent release of his criminal responsibility for the committed socially dangerous act.

scholarly journals Liability Assessments and Criminal Responsibility in Norwegian Legal History

2017 ◽  
Vol 5 (1) ◽  
pp. 59
Author(s):  
Siri Elisabeth Bernssen
Keyword(s):  
Legal System ◽  
Legal History ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
District Court ◽  
First Time

The general content of the assessment of intent was explicitly clarified for the first time in a Norwegian criminal code when the 2005 Criminal Code and its §22 came into force on 1 October 2015. Until the Criminal Code of 1902, the subjective requirement for liability was regulated solely in individual regulations, and even though intent pursuant to §40 in this Code was established as a general main rule, it was still up to the courts to report on the content of the judgement. Thus it is clear that development towards a more and more defined and nuanced study of criminal liability took place gradually. This article goes even further back in time and looks at how the discussion of liability and responsibility changed between 1642 and 1799, with particular emphasis on intent and related criteria. This will be achieved by analysing 32 cases of infanticide registered with the Hordaland district court (bygdeting), which at this time was the first instance in the legal system.

scholarly journals CONSTRUCTION OF CHILDREN UNDER 12 YEARS OF AGE IN CONFLICT WITH THE LAW IN THE CHILD CRIMINAL JUSTICE SYSTEM IN INDONESIA

2021 ◽  
Vol 9 (10) ◽  
pp. 252-260
Author(s):  
Eko Iswahyudi ◽  
◽  
I. Nyoman Nurjaya ◽  
Nurini Aprilianda ◽  
Bambang Sugiri ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Community Service ◽  
Justice System ◽  
Criminal Responsibility ◽  
Literature Study ◽  
Criminal Sanctions ◽  
Legal Obligations ◽  
The Law ◽  
The Republic

In the Act No. 11 of 2012 about the Juvenile Criminal Justice System, it explains the age limit for juvenile criminal responsibility for those who commit criminal acts, as regulated in Article 1 point 3. The children between 12 (twelve) years old and 18 (eighteen) years old are suspected of committing a crime. The purpose of this study was to analyze the construction of the regulation of children under the age of 12 in the Constitution of the Republic of Indonesia Number 11 of 2021 on the Juvenile Criminal Justice System. This type of normative legal research uses a statute approach and a case approach through a literature study. The results of the research on the Construction of Regulations for Children under the Age of 12 in Act Number 11 of 2021 concerning the Juvenile Criminal Justice System as Children in Conflict with the Law. There is a need for additional rules or amendments to the provisions of criminal sanctions for children, where criminal sanctions will be given to children aged at least 10 years, where these rules consist of basic criminal sanctions, such as community service or supervision, job training, coaching in institutions. This sanction is carried out by considering the rights of children as perpetrators, children as victims and children as witnesses who are underage, without eliminating the implementation of applicable legal obligations.

Exemption from Criminal Responsibility by Virtue of Reconciliation with Injured Party in Case of Neonaticide Committed by a Mother

10.12737/7632 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Денис Гарбатович ◽  
Denis Garbatovich
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Child Victims ◽  
Judicial Practice ◽  
The Face ◽  
Newborn Child ◽  
The Russian Federation ◽  
First Time

The article deals with the grounds on which a person may be relieved of criminal responsibility in connection with reconciliation with the victim. In accordance with Article 76 of the Criminal Code of the Russian Federation that is based on the simultaneous implementation of the following conditions: 1) for the first time a crime of small or average gravity; 2) reconciliation with the victim; 3) compensation of harm caused to the victim. The face in the presence of the above conditions are not necessarily subject to unconditional exemption from criminal liability, this right depends on the discretion of a law enforcement official. Through an analysis of the norms of criminal law, judicial practice addresses the question whether it is permissible to exempt from criminal responsibility in connection with reconciliation with the victim´s mother, who killed her newborn child. Victims can be considered the closest relatives of the murdered child (father, grandparents)who are also relatives and friends in relation to the mother-killer. Victims may initially not interested in bringing her to justice and appropriate compensation to victims can be represented as some Convention and formality. Mother release from criminal responsibility for the murder of a newborn child in such circumstances, does not comply with the principle of justice, and not adequately solves the problem of the criminal code of the Russian Federation for the protection of the rights and freedoms against crime. Therefore, in the presented work provides General guidance on when such exemption from criminal liability is possible, and when it is not desirable.

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