A Study on the Criminal Policy of Treatment for Elderly Offenders -With a Focus on Preventing Recidivism-

2020 ◽  
Vol 11 (4) ◽  
pp. 1065-1078
Author(s):  
Younghwa Seon
2018 ◽  
Vol 2 (3) ◽  
pp. 325
Author(s):  
Muh Risnain

Legal policy throught criminalization of judge by the law are abuse of judicial indpence and threat of rule of law principle while regulate by the constitution. And it is shown that quo vadis of criminalization policy when drafting the law. To solve this problem, there are two step, firstly, House of representative and President as state organs who have authority to arrange the law must pay attention principle of judicial indepence and rule of law, second, reorientation of criminal policy. Keywords: Criminalization, Judicial Independence and Rule of Law.


2020 ◽  
Author(s):  
D. N. Sergeev ◽  
I. Y. Kozachenko ◽  
M. A. Bolkov ◽  
P. A. Larionov ◽  
I. A. Tuzankina ◽  
...  

2016 ◽  
Vol 7 (13) ◽  
Author(s):  
Klelia Canabrava Aleixo (PUC-MG)

A política criminal foi constituída como política penal estatal voltada para a defesa da sociedade contra o crime. Ocorre que da promessa de controle da violência o sistema penal passou a constituir um instrumento de violência institucional. Ele mostrou-se incapaz de proteger bens jurídicos, de conter a violência da punição, de combater a criminalidade e de promover segurança jurídica. O sistema prisional brasileiro, seletivo e discriminatório, reflete a deslegitimação do sistema penal. A política criminal contemporânea é marcada pela ambivalência existente entre a convivência de políticas que estimulam o aprisionamento com políticas que ressaltam a necessidade da sua redução. Tem prevalecido as políticas que tem a prisão como principal resposta ao crime. Pretende-se ressaltar a urgência da constituição e implementação de uma política criminal de ruptura, que priorize ações voltadas para o desencarceramento e para a desaceleração do encarceramento que se encontra em constante ascensão no Brasil. 


2021 ◽  
Vol 22 (5) ◽  
pp. 817-832
Author(s):  
Ralf Kölbel

AbstractThe “no means no” model has been applied in Germany since November 10, 2016. Its introduction has considerably extended the scope of criminalized forms of sexual interaction. This Article examines the criminal policy discourse that gave rise to it and the question of whether the new provisions have led to the changes in the practices of criminal prosecution proclaimed in advance. The results will be critically assessed. The new legislation relating to sexual offenses was also shaped on the initiative of groups perceiving themselves as emancipatory, and in the understanding of these groups, the “no means no” provision acts as “progressive” criminalization. Yet, aside from the fact that the associated expectations have hardly been met as of yet, this movement would have to resolve an essential question: Is penal law compatible with a “progressive” social policy they claim to stand for at all, and if so, what conditions does it have to meet?


2021 ◽  
pp. 1-18
Author(s):  
KARIN BOREVI

Abstract The present article investigates how begging performed by citizens of new EU-member states in Eastern Europe was debated in parliaments in Denmark, Sweden and Norway during the period 2007–2017. The empirical analysis shows significant cross-country divergences: In Denmark, efforts targeted controlling migration, either directly or indirectly, via various deterrence strategies. In Sweden, the emphasis was rather on alleviating social needs while migrants reside in the country and trying to decrease their incentives to migrate in the first place by ameliorating conditions in sending countries. In Norway, one predominant framing revolved around the issue of human trafficking of beggars. Despite substantial differences, the analyses show a gradual shift in a similar direction in all three countries. While a social frame was initially more commonly understood as the appropriate way to approach begging, over time a criminal frame has gained ground in all three countries. The article argues that this development must be understood in light of marginalized intra-EU migrants’ legal status as both insiders and outsiders in the Scandinavian welfare states. Due to these individuals’ “in-between status”, neither conventional social policy nor immigration control measures are perceived as available, making policymakers more prone to turn to criminal policy tools.


2011 ◽  
Vol 60 (4) ◽  
pp. 1017-1038 ◽  
Author(s):  
Laurens van Puyenbroeck ◽  
Gert Vermeulen

A critical observer would not deny that the practice of European Union (‘EU’) policy making in the field of criminal law in the past decade since the implementation of the Tampere Programme has been mainly repressive and prosecution-oriented.1 The idea of introducing a set of common (minimum) rules, guaranteeing the rights of defence at a EU-wide level, has not been accorded the same attention as the introduction of instruments aimed at improving the effectiveness of crime-fighting. What does this mean for the future of EU criminal policy? Will the EU succeed in the coming years in developing an area where freedom, security and justice are truly balanced? According to several authors, to date the EU has evolved in the opposite direction. As one observer put it:[I]f Procedural Criminal Law arises from the application of Constitutional Law, or indeed if it may be described as “a seismograph of the constitutional system of a State”, then as a consequence the Procedural Criminal Law of the European Union shows the extent of the Democratic Rule of Law, of the existence of a true “Rechtsstaat”, within an integrated Europe. This situation may be qualified as lamentable, as the main plank of the EU's criminal justice policy relates to the simplification and the speeding up of police and judicial cooperation—articles 30 and 31 of the Treaty of the EU—but without at the same time setting an acceptable standard for fundamental rights throughout a united Europe.2


2021 ◽  
Vol 15 (2) ◽  
pp. 241-260
Author(s):  
Gi Yeong Cho ◽  
Keyword(s):  

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