scholarly journals CRIMINAL SANCTIONS IN DUŠAN'S CODE

Author(s):  
Anđelija Nešović

Emperor Dušan's Code is the most important legal document of medieval Serbia, which is often considered to be the early Serbian "constitution". It is largely based on the Byzantine legal tradition, which entailed a rigorous system of criminal sanctions and diverse forms of punishment: death penalty by hanging and burning, mutilation of body parts, blinding, branding, scorching, cruel corporal punishment (beating, flogging), imprisonment, severe fines, confiscation of property, exile or banishment and dislocation as a form of collective punishment for the subjects. In this article, the author of presents and analyzes relevant provision of Dušan's Code, dealing with the envisaged criminal sanctions and different forms of punishment which were imposed on the perpetrators of criminal offences. The research methodology is based on normative, dogmatic and historical methods. Based on this analysis and comparison with the positive criminal legislation of the Republic of Serbia, the author concludes that Dušan's Code prescribed much more rigorous criminal sanctions, particularly given the fact that the current legislation law does not envisage death penalty and severe corporal punishment.

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.


2017 ◽  
Vol 73 (7) ◽  
Author(s):  
Dzhansarayeva Rima Yerenatovna ◽  
Malikova Sholpan Baltabekovna ◽  
Atakhanova Gulzagira Makhatovna ◽  
Omarova Aiman Bekmuratovna

2021 ◽  
Vol 3 (2) ◽  
pp. 72-91
Author(s):  
I Gusti Bagus Hengki

This scientific paper is expected to find out how the existence of the death penalty is viewed from the aspect of Civil Human Rights in the perspective of the right to life and whether the existence of the death penalty is contrary to the ideology of the Pancasila State and the 1945 Constitution of the Republic of Indonesia and the Human Rights Law with a normative research methodology with using a statutory approach. From the results of the discussion that the existence of the death penalty in terms of the Civil Human Rights aspect in the perspective of the right to life still needs to be maintained, because it does not conflict with the ideology of the Pancasila State and the 1945 Constitution of the Republic of Indonesia, the Human Rights Law, UDHR and ICCPR, as well as religion. in Indonesia, as long as it is not carried out arbitrarily, in accordance with the provisions of the legislation. This needs to be done because to provide protection for individual perpetrators and victims against acts of revenge, emotional, uncontrollable, vigilante, so that it does not guarantee that the death penalty is abolished. Indeed, there are parties who are pro and contra about the death penalty by both underpinning Pancasila, all of which is to make Pancasila a "Justification".   Tulisan ilmiah ini diharapkan dapat mengetahui bagaimana eksistensi  hukuman mati  ditinjau dari aspek  HAM Sipil dalam perspektif hak untuk hidup  dan apakah eksistensi  hukuman mati bertentangan dengan  ideologi Negara Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 serta  Undang-Undang HAM dengan metodologi penelitian normatif dengan menggunakan jenis pendekatan perundang-undangan (statute Approach). Dari hasil pembahasan bahwa eksistensi hukuman mati ditinjau dari aspek HAM Sipil dalam perspektif Hak untuk hidup  masih perlu dipertahankan, karena tidak bertentangan dengan ideologi Negara Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, Undang-Undang HAM, UDHR dan ICCPR, maupun agama yang ada di Indonesia, asal dilaksanakan  tidak sewenang-wenang, sesuai dengan ketentuan peraturan perundang-undangan. Hal ini perlu diadakan  karena untuk memberikan perlindungan terhadap individu pelaku dan korban terhadap tindakan balas dendam, emosional, tidak terkendali, main hakim sendiri, sehingga tidak menjamin bahwa kalau hukuman pidana mati ditiadakan.  Memang ada pihak yang pro dan kontra tentang hukuman mati dengan sama-sama mendasari Pancasila, semuanya itu untuk menjadikan Pancasila sebagai “Justification“.


2020 ◽  
Vol 4 (2) ◽  
pp. 55-69
Author(s):  
Ni Wayan SINARYATI ◽  
I Gede ARTHA

Corruption is committed by state officials, law enforcement and other related parties. Various efforts have been made by the government in preventing and eradicating corruption in Indonesia, but the efforts that have been made have not yet gotten optimal results. The fundamental weakness in eradicating corruption in Indonesia is the formulation of the main criminal sanctions in the form of criminal threats that are facultative, uncertain or must be. So that the corruptors are never deterred or afraid. In the future, the legislators need to reformulate the provisions of Article 2 paragraph (2) of the Republic of Indonesia Law Number 31 of 1999 as amended to Law of the Republic of Indonesia Number 20 of 2001 concerning Eradication of Corruption. Various criminal law policies still need to be carried out by the state in order to eradicate corruption to achieve the expected results. This type of research in this paper uses the type of normative legal research. The type of approach is in the form of a legal approach related to corruption. There are two legal materials used, namely primary legal materials and secondary legal materials, with legal material collection techniques used in the form of library studies. The analysis technique used is descriptive, interpretation, evaluation and argumentative techniques. The research in this paper intends and aims to examine and analyze the facts and phenomena of corruption that are stated in specific legislation concerning criminal sanctions (capital punishment) for corruptors in Indonesia. Moreover, corruption is qualified as an extraordinary crime so it needs extraordinary handling as well.


2021 ◽  
Vol 59 (2) ◽  
pp. 143-160
Author(s):  
Slađana Mi ◽  
◽  
Dragana Mitrović ◽  

In accordance with modern understandings of criminal law science and solutions present in the comparative criminal legislation, the Criminal Code of the Republic of Serbia pays special attention to security measures as special and above all specific criminal sanctions. They are one of the four types of criminal sanctions provided for in this legal text. Among the eleven security measures, four are of a medical nature and they differ in a number of features, not only in relation to other criminal sanctions, but also other security measures. One of the medical safety measures is the obligatory treatment of alcoholics. There are a number of specifics of this security measure, and one of them is its manner of execution. Given this, the subject of analysis in the paper are two aspects of the safety measure of compulsory treatment of alcoholics. These are: normative and practical. The justification of this approach in the analysis of the subject matter is contained in the fact that only adequately performed and this security measure is in the function of its standardization - the function of eliminating conditions or conditions that may affect the perpetrator in the future does not commit crimes due to alcohol dependence. to the expression of criminal acts of violence that are increasingly present in the total mass of crime.


Lex Russica ◽  
2020 ◽  
pp. 97-105
Author(s):  
D. Lazić

The paper reveals the historical development of criminal law sanctions in the territory of the current Republic of Serbia. The paper contains the results of a study of the criminal law sanction, as well as its effectiveness in the Principality of Serbia, the Kingdom of Serbia and the Kingdom of Yugoslavia. The analysis of criminal law sanctions in the paper is based on the oldest legal monuments of both the state of Serbia and others. Examining the grounds for criminal law sanctions, the author comes to the conclusion that criminal law as we know it today appeared only in the 13th century. Thus, through a systematic and careful analysis of the characteristics of that time, we can come to a complete understanding of the current definition of criminal law sanction, its types, features of application and purpose. Thus, based on the review of the criminal offences and the corresponding criminal sanctions in the Dushan’s Code adopted in 1349, it can be noted that most of the criminal sanctions consisted of the death penalty (for example, burning), corporal punishment in the form of cutting off body parts (for example, hands, nose) or monetary fine. Awareness of the social situation of that time makes clear and fully justified the severity of criminal sanctions. The study of the differences between ancient methods of punishment and today’s method of resocialization of people allows us to conduct a thorough analysis of the effectiveness or ineffectiveness of the strictest criminal law sanctions. By sublimating the main criminal law sanction and its various types, we aim to eliminate any illogic, confusion and dilemma about this topic in our criminal legislation.


Author(s):  
Dragana Spasić

Suspended sentence, as a cautionary measure, is one of the most frequently applied criminal sanctions. As such, it exists in almost all modern legislations. In this paper, after providing a brief overview of the historical development of the suspended sentence, the author analyzes the concept of a suspended sentence in the criminal law of the Republic of Serbia, by focusing on the concept and characteristics of suspended sentence, conditions for imposing a suspended sentence, revocation of a suspended sentence, as well as a suspended sentence with protective supervision. The second part is dedicated to the application of suspended sentence in domestic judicial practice. On the basis of statistical data, the author presents a comparative overview of the frequency of pronouncing suspended sentence in three time periods (the 1970s, the 1990s, and after the democratic changes in 2000), which were marked by different political, economic and other societal characteristics.


2018 ◽  
Vol 28 (6) ◽  
pp. 1939-1946
Author(s):  
Miodrag Simović ◽  
Dragan Jovašević ◽  
Marina M. Simović

Based on international standards adopted within the framework and under the Organisation of the United Nations, all national legislations recognise several different types and forms of criminal acts regarding misuse of narcotics. It is the matter of various activities of unauthorized production, traffic and other forms of inciting or enabling others to come into possession of narcotics for immediate use, which seriously endangers the health and life.Depending on the needs of each individual state, the distinction is made between the offenses, for the perpetrators are given different types and measures of penalties and other criminal sanctions. A similar situation exists in the Republic of Serbia.The paper analyzes the system of criminal offenses in various types and forms of manifestation in the theoretical and practical sense for whose offenders that are prescribed serious criminal sanctions.


Daedalus ◽  
2012 ◽  
Vol 141 (1) ◽  
pp. 89-100
Author(s):  
Linda K. Kerber

The old law of domestic relations and the system known as coverture have shaped marriage practices in the United States and have limited women's membership in the constitutional community. This system of law predates the Revolution, but it lingers in U.S. legal tradition even today. After describing coverture and the old law of domestic relations, this essay considers how the received narrative of women's place in U.S. history often obscures the story of women's and men's efforts to overthrow this oppressive regime, and also the story of the continuing efforts of men and some women to stabilize and protect it. The essay also questions the paradoxes built into American law: for example, how do we reconcile the strictures of coverture with the founders' care in defining rights-holders as “persons” rather than “men”? Citing a number of court cases from the early days of the republic to the present, the essay describes the 1960s and 1970s shift in legal interpretation of women's rights and obligations. However, recent developments – in abortion laws, for example – invite inquiry as to how full the change is that we have accomplished. The history of coverture and the way it affects legal, political, and cultural practice today is another American narrative that needs to be better understood.


2021 ◽  
pp. 44-55
Author(s):  
Mihaela Angheluta ◽  

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.


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