scholarly journals THE IMPLEMENTATION OF CRIMINAL POLICY IN THE FORMATION OF SIGNS OF SUBJECTS OF CRIMINAL RESPONSIBILITY

2020 ◽  
Vol 1 (3) ◽  
pp. 170-173
Author(s):  
Пащенко Елена Анатольевна
Keyword(s):  
Criminal Responsibility ◽  
Criminal Policy

scholarly journals Criminal responsibility for medical malpractice in the jurisdictional practice of Serbia

2019 ◽  
Vol 147 (5-6) ◽  
pp. 380-385
Author(s):  
Vladimir Miletic
Keyword(s):  
Medical Malpractice ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
Healthcare Services ◽  
Theory And Practice ◽  
Special Importance ◽  
Medical Assistance ◽  
Public Attention ◽  
The Public ◽  
The Republic

In the field of protection and improvement of people?s health, there is a special importance of legally, efficiently, regularly, professionally, and punctually providing medical care, performing other healthcare services, or simply providing medical assistance or care. In this way, an essential social function is achieved, as well as the protection of the constitutionally proclaimed right of physical and mental integrity of the public. However, deterioration of an individual?s health who has been medically assisted is possible in the process of providing medical, or any other assistance in the field of medicine. If it is a gross medical misconduct or any other type of medical misconduct, or gross violation of a profession?s rules, because of which there is a possibility of deterioration of health of one or more individuals, then the crime of medical negligence, for which there are strict statutory offences, applies. This article addresses the aspect of theory and practice about the significance, social jeopardy, and prevalence of this crime, or criminal policy of courts in the Republic of Serbia, alongside many articles in the printed and electronic media which provoke great public attention and rough comments.

scholarly journals Purposes and Functions of Public Punishment in Roman Law in the Perspective of Justinian's Codification

2019 ◽  
pp. 21-37
Author(s):  
Krzysztof Amielańczyk
Keyword(s):  
Death Penalty ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
Primary Objective ◽  
Roman Law ◽  
Discretionary Power ◽  
Judicial Decisions ◽  
Aulus Gellius ◽  
Seneca The Younger ◽  
Criminal Matters

The objectives and functions of the punishment for a public offence (crimen) had already been discussed by M. Tullius Cicero, Seneca the Younger, or Aulus Gellius many centuries before Emperor Justinian. According to their statements, the Romans distinguished in principle all the types of punitive functions known today: deterrence (special and general prevention), reprisal (retaliation), elimination (protection of society against the perpetrator), and even the rehabilitation (educative) function. The emergence of the imperial judiciary extra ordinem in criminal matters could have been conducive to performance of various functions assigned to various penalties, along with the possibilities offered by the discretionary power of judicial decisions. However, when reading Emperor Justinian’s Constitutio Tanta and the numerous accounts from the Roman jurists included in his codification, contained in Book 48 of the Digest, one may be convinced that the function of paramount importance for the emperor was to deter potential perpetrators by means of severe penalties, including notably the death penalty. The educational function was rather marginal. The primary objective of the imperial criminal policy was the ruthlessly severe punishing for criminal offences (severitas, atrocitas) and the implementation of the postulate of inevitability of criminal responsibility.

scholarly journals Criminal Liability for Organization of Illegal Migration

2021 ◽  
Vol 39 (68) ◽  
pp. 581-595
Author(s):  
Mariya Vyacheslavovna Talan ◽  
Ildar Rustamovich Begishev ◽  
Tatyana Gennadievna Zhukova ◽  
Diana Davlenovna Bersei ◽  
Regina Rustеmovna Musina ◽  
...  
Keyword(s):  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Group ◽  
Criminal Policy ◽  
International Criminal Law ◽  
Unified Approach ◽  
Illegal Migration ◽  
Criminal Groups ◽  
Group Association

The article discusses the criminal responsibility for illegally organizing migration, using a comparative documentary-based methodology. Constant changes in public life suggest the need to improve states' criminal policy in the field of establishing responsibility for organizing illegal migration, both nationally and internationally. An analysis of the provisions of international criminal law makes it possible to consider various legal approaches to the criminalization of acts in the field of migration. The document underpins the need to develop a unified approach to determining the characteristics of the crime in question, as it is transnational. It is concluded that, regardless of the different approaches of States to recognize illegal population migration, the organization of this illegal activity, in the presence of certain signs, should be recognized as a crime. At the same time, the organization of illegal migration is defined as the commission by a criminal group (association of criminal groups) of actions aimed at creating the conditions for the illegal movement of foreign nationals across the state border or their illegal presence in each country.

Grounds for the mitigation of criminal punishment in the criminal legislation of Russia

2019 ◽  
pp. 116-122
Author(s):  
Сергей Владимирович Тасаков ◽  
Владимир Сергеевич Тасаков
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
Criminal Punishment ◽  
The Russian Federation ◽  
Definition Of ◽  
Criminal Legislation

В статье рассматриваются основания смягчения уголовного наказания в уголовном законодательстве Российской Федерации. Основания смягчения уголовного наказания направлены на снижение бремени уголовного наказания, что в свою очередь опосредованно влияет на процесс реализации уголовной политики. Проводится различие терминов «смягчение» и «освобождение» от уголовной ответственности и ее «исключение». Исследуются межотраслевое содержание системы оснований смягчения уголовного наказания, а также признаки системы оснований смягчения уголовного наказания и классификация оснований смягчения уголовного наказания. Дается доктринальное определение системы оснований смягчения уголовного наказания. The article discusses the grounds for mitigating criminal punishment in the criminal legislation of the Russian Federation. The grounds for mitigation of criminal punishment are aimed at reducing the burden of criminal punishment, and that, in turn, indirectly affects the process of implementation of criminal policy. A distinction is made between the terms “mitigation” and “exemption” from criminal responsibility and its “exclusion”. The intersectoral content of the system of grounds for mitigation of criminal punishment, as well as signs of the system of bases for mitigation of criminal punishment and the classification of the grounds for mitigation of criminal punishment are investigated. A doctrinal definition of the basis for the mitigation of criminal punishment is given.

scholarly journals THE CONCEPT OF MODERNIZATION OF CRIMINAL LEGISLATION ON CRIMES IN THE SPHERE OF ECONOMIC ACTIVITY ON THE BASIS OF GENERAL PRINCIPLES OF CRIMINAL LAW

2020 ◽  
pp. 22-27
Author(s):  
V.A. Poltarykhin
Keyword(s):  
Criminal Law ◽  
Economic Activity ◽  
Comparative Research ◽  
Theoretical Study ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
General Concept ◽  
Legal Norms ◽  
Radical Reform ◽  
Criminal Legislation

The purpose of this study is to develop a General concept of reforming criminal legislation on responsibilityfor crimes in the sphere of economic activity on the basis of fundamental provisions-the principles of criminallaw and criminal policy. The author proposes criteria for the allocation of certain principles, ideas of thecommon system of basic legal norms which can be applied to processes of criminalization and penalizationof acts that establish differentiated rules and procedures of exemption from criminal responsibility foreconomic crimes, and determine the areas of combating crime, which proposed the principle most popular.The main methods used by the author in the course of the study were the method of comparative research,system-historical, and integrative. As a result of the conducted research, the author comes to the conclusionthat the objectively existing need for a radical reform of the system of responsibility for crimes in the sphereof economic activity can not be realized without a sufficient level of theoretical study, in the theoreticalmodeling of the system of responsibility, of course, must lie fundamental ideas, which can include theprinciples of criminal law in refraction in relation to a specific, uncharacteristic for criminal law sphere ofinfluence.

Trends of the Development of Criminal Law at the Modern Stage

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Алла Гравина ◽  
Alla Gravina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Main Stream ◽  
Negative Effect ◽  
The Russian Federation

The article analyses the modern criminal law, factors having negative effect on its development according with social, political and economic needs in the Russian Federation. Humanism is the main stream determining these trends. The author treats exercise of the principle of humanism in General and Special parts of the Criminal Code of the Russian Federation. The work provides criminal statistics of the recent years. It pays particular attention to the reasons disturbing stability of law, leading to excess of legal regulation and excess of repressiveness of criminal law. It is impossible to predict the trends of criminal law without taking into account the political, social, economic development of the society, which determine the criminal policy of the country. The stability of law is also determined by them. The main methods of criminal policy are criminalization, decriminalization, penalization and depenalization. The article considers influence of criminalization and decriminalization on criminal law. The main trends in the development of criminal law is the further differentiation of criminal responsibility and expanding the list of forms of punishment not connected with isolation of guilty person from a society; introduction of less severe punishment. Some forms of differentiation of criminal liability such as — returning of administrative prejudice to criminal law, transfer of certain types of punishment to the category of other measures of criminal law applicable to the exemption from criminal liability; forecasting of introduction some new types of offences to the Criminal Code as well as support of the preparation of the Concept of modernization of criminal law.

scholarly journals Application of the Rules on the Exemption from Criminal Liability with the Imposition of a Court Fine: Problems, Features and Experience

2020 ◽  
Vol 37 (65) ◽  
pp. 268-280
Author(s):  
Alexander Vladimirovich Rostokinsky ◽  
Rita Surenovna Danelyan ◽  
Sergei Vladimirovich Danelyan ◽  
Konstantin Andreevich Tolpekin ◽  
Elena Nikolaevna Savinkova
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Legal Framework ◽  
Regulatory Framework ◽  
Scientific Interest ◽  
Criminal Punishment

This article examines the legal framework and practical aspects of using the criminal liability exemption with the imposition of a judicial fine. The development of Russian criminal and penal legislation, considering the humanization of the State's criminal policy, leads to the emergence of new mechanisms for the humanization of criminal punishment and criminal responsibility itself. Many of them are of great scientific interest, such as the exemption from criminal liability with the imposition of a judicial fine. The authors examine the legal framework, the procedural order to apply this mechanism, the problems that arise in the courts that apply it in practice, the opinions of legal experts on its essence and the problems that arise in relation to its application. Methodologically, it is a documentary investigation close to legal hermeneutics. By way of conclusion, the results contain various provisions that clarify the place of this legal and procedural mechanism for exemption from criminal liability, among other mechanisms used for the same purpose. The authors make several notable proposals to improve the regulatory framework of the mechanism under study, which eliminates several identified problems associated with its use.

scholarly journals CAPITAL PUNISHMENT AS A CONSEQUENCE OF THE FUNDAMENTAL PHYSICAL LAWS GOVERNING CRIME

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 249-263
Author(s):  
S. G. Ol’kov
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
Criminal Penalty ◽  
Criminal Penalties ◽  
The Law ◽  
Scientific Results ◽  
Prevention Of Crime ◽  
Physical Laws

The purpose of the article, based on the mathematical model of criminal responsibility and the fundamental laws of criminal policy, is to prove the necessity of applying the maximum criminal penalty in the form of a death penalty. Scientific methods: methods of mathematical analysis, probability theory, and mathematical statistics. Scientific results obtained by the author: the necessity of using the maximum criminal penalty in the form of the death penalty is proved on the basis of the law of increasing marginal utility of criminal penalties and the law of demand for goods of crime at a price, because this punishment provides a strong deterrence of crime, both at the level of General and special prevention of crime by criminal penalties. It is shown that in 2019 in Russia, the elasticity of real crime was 3.22%, the latency multiplier for General crime was 3.38, with the minimum latency for robberies of 1.03 and the maximum for fraud of 11.26. Equation of demand for a product crime by price for real crime in 2019 in Russia

scholarly journals About the juvenile direction of criminal policy of the Republic of Kazakhstan: historical background and development issues

2021 ◽  
Vol 7 (1) ◽  
pp. 120-125
Author(s):  
M. M. Myrzash
Keyword(s):  
Juvenile Justice ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
Russian Empire ◽  
Judicial System ◽  
Historical Background ◽  
Criminal Punishment ◽  
The Republic ◽  
The Russian Empire ◽  
Labor Impact

The article considers the paradigm of the Republic of Kazakhstans juvenile criminal policy, reveals its historical background and development problems. The article describes the features of the Biy judicial system in the Kazakh society up to the middle of the XVIII century. The article examines the characteristics of applying criminal punishment to juveniles after the accession of the Kazakh khanates to the Russian Empire in the XVIIIXIX centuries. The conclusion is made about the continuity of juvenile justice foundations in pre-revolutionary and post-revolutionary Russia and modern Kazakhstan. The article confirms the ineffectiveness of further lowering the age of criminal responsibility, as well as traditional punishments that provide for the deprivation or restriction of liberty of juveniles. The idea of re-socialization of juveniles who have served a criminal sentence and are released from it is defended. To re-socialize, it is recommended to expand the practice of alternative punishments without isolation from society related to labor impact and the introduction of probation with labor impact concerning juveniles in the Republic of Kazakhstan.

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