scholarly journals EXCLUSION OF ILLEGALITY OF OFFENSIVE SPEECH GIVEN IN DEFENCE OF A RIGHT OR PROTECTION OF JUSTIFIED INTERESTS

2020 ◽  
pp. 093
Author(s):  
Danilo Kostić
Keyword(s):  
Criminal Code ◽  
Specific Reference ◽  
Scientific Article ◽  
Criminal Offense ◽  
Positive Law ◽  
National Courts ◽  
The Republic ◽  
Basic Features ◽  
Criminal Legislation ◽  
Offensive Speech

This scientific article analyzes the basic features and elements of the criminal offense of insult from the theoretical and normative aspect, with specific reference to the analysis of the conditions necessary for the application of the special legal ground for excluding illegality of offensive speech, stipulated in Article 170 (4) of the Criminal Code of the Republic of Serbia. Relying on the critical analysis of national criminal legislation and a brief review of national courts’ practice, the author points out to the contradiction of adopted legal standpoints when interpreting the disputed provisions, and emphasizes the importance of ensuring uniform and consistent court practice in this field. Proper and complete consideration of the criminal offense of insult, and especially the ground for excluding the illegality of the taken actions, stipulated in the provisions of Article 170 (4) of the Serbian Criminal Code, calls for precise interpretation of these provisions. Inadequate conduct of judicial bodies entails the possibility of convicting the perpetrator of the criminal offense of insult, even if the requisite conditions prescribed in the positive law have not been satisfied.

scholarly journals Penalty of the Prison in the Republic of Srpska With Special Review at its Application in Practice of the District Court in Banja Luka // Kazna zatvora u Republici Srpskoj s posebnim osvrtom na njenu primjenu u praksi Okružnog suda u Banjoj Luci

2019 ◽  
Vol 9 (9) ◽  
pp. 35
Author(s):  
Ljubinko Mitrović
Keyword(s):  
Criminal Code ◽  
Economic Crime ◽  
District Court ◽  
Criminal Offense ◽  
Special Review ◽  
The Republic ◽  
Banja Luka ◽  
Republika Srpska ◽  
Criminal Legislation

Penalties for all modern criminal legislation are particularly regarded as fines for deprivation of liberty of various modalities - imprisonment, long-term imprisonment, juvenile imprisonment or life imprisonment. These are very often applied, special penalties that consist of depriving the perpetrator of the freedom of movement for the perpetrator of a criminal offense in a court decision for a certain time and its placement in a special institution or penitentiary institution from the system of these institutions of a particular state. Similarly with Republika Srpska, whose latest criminal legislation (primarily the Criminal Code of the Republic of Srpska of 2017) provides for two separate fines for deprivation of liberty - imprisonment and long-term imprisonment. It is precisely these two special, independent penalties and their application, with fines, in the practice of the District Court in Banja Luka (or its departments: the Criminal-Misdemeanor and the Special Department for the Suppression of Corruption, the Organized and the Toughest Forms of Economic Crime) there will be words in this paper.

scholarly journals CRIMINAL OFFENSES AGAINST OFFICIAL DUTY, WITH SPECIAL ANALYSIS OF THE CRIMINAL OFFENSE, ABUSE OF OFFICIAL POSITION AND AUTHORIZATION, ACCORDING TO CRIMINAL LEGISLATION AND PRACTICE

2019 ◽  
Vol 30 (6) ◽  
pp. 1479-1486
Author(s):  
Tose Panov
Keyword(s):  
Criminal Code ◽  
Criminal Offense ◽  
Legal Norms ◽  
Official Position ◽  
Special Analysis ◽  
Criminal Offenses ◽  
The Status ◽  
The Republic ◽  
Basic Characteristics ◽  
Criminal Legislation

In this paper the author will try to analyze and describe the basic characteristics of the criminal offenses against official duty, and he will pay special attention to the criminal act "Abuse of official position and authority" from Article 353 of the Criminal Code of the Republic of Macedonia as a general and fundamental criminal offense against official duty. The basic elements of the criminal offense will be analyzed, starting with the status of the perpetrators, the acts of committing, the consequences of the offense, the guilt of the perpetrator, and in the end are presented the qualified forms of this criminal act. Through the outburst of the legal norms, and the stated statistics we will try to give freshness to the legal text, and that is the main contribution of this paper.

scholarly journals Objective Signs Act Done with Intent to Prevent Child Being Born Alive or To Cause It to Die After Birth: National and Indian Experiences

2021 ◽  
Vol 9 (11) ◽  
pp. 1132-1137
Author(s):  
Khudaykulov Feruzbek Khurramovich
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Causal Link ◽  
Material Structure ◽  
Criminal Offense ◽  
Formal Element ◽  
The Republic ◽  
Definition Of ◽  
Objective Side ◽  
Criminal Legislation

Abstract: The article analyzes the problems of qualification crime, connected with infanticide. the terms, used in formulation of crime under considering, which demands of unambiguous and luminous exposition are defined. this article illustrates the objective side of the crime structure and its facultative signs and their criminal legal significances belong to offence of infanticide , including the theoretical and practical problems of facultative signs of the objective side of the crime structure, which are specified in the criminal code of the republic of uzbekistan. in addition, proposals and recommendations for further improvement of the criminal legislation. also, in this article, the author analyzes offence of infanticide in national, foreign and Indian experiences. This article illustrates that the facultative signs of the objective side of the crime of offence of infanticide are specified in the Criminal Code as extenuating (qualifying) signs at the qualification of criminal offense and Objective signs of this crime consist in the unlawful deprivation life of a newborn child.On the objective side, the crime under article 99 of the criminal code of the Republic of Uzbekistan has a material structure. It can be committed either through action or inaction. A socially dangerous consequence must be in the necessary cause-and-effect relationship with the mother's act. Keywords: infanticide, criminal law, privileged formal element of a definition of crime, facultative signs of the objective side of the crime; the time, socially dangerous act; socially dangerous consequences; causal link

THE CONCEPT OF THREAT IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF MOLDOVA

2021 ◽  
pp. 44-55
Author(s):  
Mihaela Angheluta ◽  
Keyword(s):  
Criminal Code ◽  
Republic Of Moldova ◽  
Informational Influence ◽  
General Part ◽  
The Republic ◽  
Criminal Legislation ◽  
Principle Of Legality

In the Criminal Code of the Republic of Moldova, the concept of threat designates not a socially dangerous phenomenon, but a socially dangerous act. From this perspective, the content of the concept of threat is disclosed in this article. In the Criminal Code, the notion of threat designates the prejudicial action, committed with intent, which is one of the types of mental violence, which involves the exercise of an informational influence on the victim, which has the effect of intimidating it, which assumes that the victim is provided with information about causing her harm, which involves partial or full impairment of the victim’s ability to make decisions and express opinions. The notion of threat must be defined in Chapter XIII of the general part of the Criminal Code of the Republic of Moldova. This definition must be abstracted from details concerning concrete crime components. This would contribute to the interpretation and application of liability for the threat in strict accordance with the principle of legality.

INTERNATIONAL PROTECTION OF THE SPHERE OF BLOCKCHAIN FUNCTIONING AGAINST CRIMINAL OFFENCES: LANDSCAPE, DYNAMICS AND PERSPECTIVES

2020 ◽  
Vol 13 (7) ◽  
pp. 133-138
Author(s):  
SONA MKRTCHIAN ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Information Technologies ◽  
Legal Protection ◽  
Criminal Code ◽  
International Protection ◽  
Criminal Offense ◽  
Telecommunications Network ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of the research is to identify the most successful ideas and legal techniques used in international law regarding regulations of defense against criminal offences in the sphere of cybersecurity, as well as blockchain functioning and cryptocurrency turnover. Results. On the basis of the positive international experience in regulating the criminal legal protection of relations in the last-mentioned sphere, the following directions for improving Russian criminal legislation were formulated: 1) fixation of the fair limits of the criminal administrative liability for defendant in reliance on the level of public danger of his personality and his offences; 2) creation of the formally defined crimes against computer information; 3) criminalization of some actions that precede cybercrimes; 4) expansion in the number of the mentioning of the sign "by interfering in the functioning of the resources of the storing, processing or transmitting computer information or data telecommunications network" as an essential or aggravating elements of crimes, typically committed with the use of information technologies (for example, in the articles number 133, 134, 135, 137, 138, 139, 146, 147, 163, 165, 240, 240.1, 241 of the Criminal Code of the Russian Federation, etc.); 5) expansion in the number of the elements of crimes combined in the chapter 28 of the Criminal Code of the Russian Federation, in reliance on the modern criminal schemes and typical criminal situations in the world of information technology; 6) expansion of the effect of the article number 274.1 of the Criminal Code of the Russian Federation on any criminal offense to the critical information infrastructure of the Russian Federation and inclusion of the additional aggravating elements in the text of this article.

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 CRIMINAL LEGISLATION OF THE REPUBLIC OF KOREA, THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA AND RUSSIA: COMPARATIVE LEGAL ANALYSIS OF TYPES OF PUNISHMENTS AND THEIR CONTENT

2020 ◽  
Vol 6 (3) ◽  
pp. 72-77
Author(s):  
A. P. Skiba ◽  
A. V. Kovsh ◽  
A. N. Myakhanova
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Republic Of Korea ◽  
Legal Analysis ◽  
The Republic ◽  
Criminal Legislation

The types of punishments in the Republic of Korea and the Democratic peoples Republic of Korea have significant specifics in comparison with Russia and differ from each other. Their criminal law regulations are laconic in comparison with the Russian approach. Under the Criminal Code of the Democratic Peoples Republic of Korea, there is a clear emphasis on regulating punishments involving deprivation of liberty and restriction of the rights of a convicted person, and under the Criminal Code of the Republic of Korea, punishments with economic content. The author provides a translation of the provisions of Article 27 of the Criminal Code of the Democratic Peoples Republic of Korea and Article 41 of the Criminal Code of the Republic of Korea regarding the list of types of punishments.

scholarly journals Crime of insurance fraud in criminal legislation of the Republic of Serbia and neighbour countries

2020 ◽  
pp. 147-166
Author(s):  
Bilgaip Maznikar
Keyword(s):  
Bosnia And Herzegovina ◽  
Specific Form ◽  
Insurance Fraud ◽  
Legal Analysis ◽  
Criminal Offense ◽  
The Republic ◽  
Criminal Legislation

The paper deals with the criminal offense of insurance fraud by analyzing the current provisions of the criminal legislation of the Republic of Serbia and countries in the region. From the neighbour countries, the author analyzes the provisions of the criminal legislation of Croatia and Bosnia and Herzegovina regarding the prescribing of the criminal offense of insurance fraud. The aim of the paper is to point out different models of incrimination of this specific form of fraudulent behavior. In addition to comparative legal analysis, the author points out the types and forms of this criminal act, offering at the end of the paper suggestions for improving the activity in the field, counteracting this socially negative phenomenon.

scholarly journals Criminal misdemeanors as a novelty of criminal and criminal procedure legislation

2020 ◽  
pp. 365-368
Author(s):  
Andrii Begma ◽  
Galyna Muliar ◽  
Oleksii Khovpun
Keyword(s):  
Expert Opinion ◽  
Video Recording ◽  
Criminal Procedure ◽  
Evidence Base ◽  
Criminal Code ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Medical Examinations

The scientific article pays attention to the consideration of the concepts of “criminal offense”, “criminal offense”, “crime” andtheir implementation in criminal and criminal procedure legislation. Amendments to the legislation that came into force in connectionwith the adoption of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Simplification of Pre-trial Inves -tigation of Certain Categories of Criminal Offenses” are considered. The issue devoted to the new subject of criminal procedure – thecoroner and the head of the inquiry body is investigated.The article considers the types of evidence that are taken into account in the investigation of criminal offenses. Such evidenceshould include: explanations of persons, results of medical examination, expert opinion, testimony of technical devices and technicalmeans that have the functions of photography and filming, video recording, or means of photography and filming, video recording. Thepossibility of using evidence in the investigation of crimes is considered.During the criminal proceedings, a new entity is identified, which is actually engaged in the investigation of criminal offenses,such an entity is the investigator. Inquiry is a new unit that investigates criminal offenses. Inquiries are carried out by inquiry subdivisionsor authorized persons of other subdivisions.A criminal offense is an act (action or omission) provided by the Criminal Code, for which the main penalty is a fine of not morethan three thousand non-taxable minimum incomes or other punishment not related to imprisonment. Procedural sources of evidencein criminal proceedings on criminal offenses, in addition to certain Art. 84 of the CPC, there are also explanations of persons, the resultsof medical examinations, expert opinion, indications of technical devices and technical means that have the functions of photographyand filming, video recording, or means of photography and filming, video recording.The legislator does not rule out that the sources of evidence are testimony, physical evidence, documents, expert opinions, but infact the explanations of persons, the results of medical examinations, expert opinion, indications of technical devices and equipmentthat have the functions of photography and filming, video or photo – and filming, video recordings are also identified as sources of evidence.The purpose of such a division is to distinguish between sources of evidence that can be used to prove crimes and criminal offenses.In addition, there is a misunderstanding – what exactly can we use to form the evidence base in criminal proceedings.

“I Don't Take This Man to Be My Lawfully Wedded Husband”: Considering the Criminal Offense of “Forced Marriage” and Its Potential Impact on the Lives of Girls and Young Women with Migrant Backgrounds in Germany

2015 ◽  
Vol 16 (4) ◽  
pp. 845-869 ◽  
Author(s):  
Kerstin Braun
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Gender Violence ◽  
Immigrant Communities ◽  
Forced Marriage ◽  
Criminal Offense ◽  
Recent Developments ◽  
German Legislation ◽  
Potential Impact ◽  
Criminal Legislation

In Germany, the practice of forcing a person to marry against his or her own free will was not explicitly penalized and did not attract much political attention until the beginning of the new millennium. Since the mid-2000s, however, the German legislature has enacted a number of laws concerning forced marriage, possibly due to increased public and media interest in honor-related gender violence in immigrant communities. In 2011, the German Criminal Code (StGB) was amended to include “Forced Marriage,” thus making forcing someone to marry an offense in its own right. In light of similar recent developments criminalizing forced marriages in other European jurisdictions—such as England and Wales—this article aims to critically assess the German legislation and its potential impact on victims and offenders. First, this article considers the German criminal legislation in detail. Second, it contemplates the underlying question of whether the introduction of criminal law as a repressive measure effectively addresses the issue of forced marriage. Third, this article contemplates non-legislative measures that could contribute to affording more holistic protection. Finally, it concludes that improving the situation for victims of forced marriage in practice requires more than adopting criminal law on the matter.

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