scholarly journals Can experiments on animals constitute a criminal offence of cruelty to animals?

2014 ◽  
Vol 66 (4) ◽  
pp. 1339-1344
Author(s):  
Branislav Ristivojevic ◽  
Tatjana Bugarski
Keyword(s):  
Animal Welfare ◽  
Criminal Code ◽  
Legal Rule ◽  
The Other ◽  
European Convention ◽  
Criminal Prosecution ◽  
Criminal Offence ◽  
Experimental Animals ◽  
The Law ◽  
Cruelty To Animals

The criminal offence ?killing and torturing animals? under Article 269 of the Criminal Code says that it can be committed only ?contrary to regulations?. The regulations governing the treatment of experimental animals are the Animal Welfare Law from 2009 and the Law on the Ratification of the European Convention for the Protection of Vertebrate Animals used for experimental and other scientific purposes amended by the Protocol of amendment to the European Convention for the Protection of Vertebrate Animals used for experimental and other scientific purposes from 2010. The first one imposes numerous obligations and introduces numerous prohibitions in the treatment of experimental animals, which at first sight make the possibilities of committing this criminal offence greater. The other law does not contain most of the prohibitions and restrictions that are included in the Animal Welfare Law. Thanks to a legal rule which says that a later law regulating the same subject replaces the former one (lex posterior derogate legi priori) and the aforementioned unconstitutionality of many provisions of the Animal Welfare Law, researchers and teachers in Serbia are not in particular danger of criminal prosecution.

Dukungan Legislatif Dalam RUU KUHP Untuk Pemberantasan Korupsi: Pro dan Kontra Tindak Pidana Korupsi dalam RUU KUHPDukungan Legislatif Dalam RUU KUHP Untuk Pemberantasan Korupsi: Pro dan Kontra Tindak Pidana Korupsi dalam RUU KUHP

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1721
Author(s):  
Muhammad Aziz Syamsuddin
Keyword(s):  
United Nations ◽  
Criminal Code ◽  
The Other ◽  
Deterrent Effect ◽  
United Nations Convention ◽  
Legislative Support ◽  
The Law ◽  
Shared Commitment ◽  
Crime Of Corruption

AbstractThe spirit of the eradication of corruption is running continually. Various efforts or strategies were arranged to sharpen the power of corruptions’ eradication. One of the strategies is legislation support or comprehend and effective legislation. It was proved by the enactment of Law No. 28 of 1999 on State Implementation of Clean and Free from Corruption, Collusion and Nepotism and also Law No. 31 of 1999 as amended by Law No. 20 of 2001 on Corruption Eradication. The other related legislation such as Law No. 30 of 2002 on Corruption Eradication Commission and the Law 8 of 2010 on the Prevention and Eradication of Money Laundering.  Those Supporting legislations show that there is a shared commitment to eradicate corruption. Indonesia has also ratified the UNCAC (United Nations Convention against Corruption) by Law No. 7 of 2006 on the UN Convention (United Nations) Anti-Corruption. Support legislation is expected to provide a deterrent effect for offenders and protecting the rights of citizens has a whole. Keywords: Legislative Support, Criminal Code Draft, Eradication, Crime of Corruption, Pros and Cons    AbstrakSemangat pemberantasan tindak pidana korupsi terus bergulir. Berbagai upaya atau strategi dibangun untuk mempertajam kekuatan pemberantasan korupsi. Salah satunya adalah dengan dukungan legislasi atau peraturan perundang-undangan yang komprehensif dan efektif. Dibuktikan dengan lahirnya Undang-Undang No. 28 Tahun 1999 tentang Penyelenggaraan Negara yang Bersih dan Bebas dari Korupsi, Kolusi, dan Nepotisme dan Undang-Undang No. 31 Tahun 1999 sebagaimana diubah dengan Undang-Undang No. 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi. Adapun undang-undang terkait lainnya seperti UU No. 30 Tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi dan UU No. 8 Tahun 2010 tentang Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang. Dukungan legislasi tersebut menunjukkan adanya komitmen bersama untuk memberantas tindak pidana korupsi. Indonesia juga  telah meratifikasi UNCAC (United Nations Convention Against Corruption) dengan UU No. 7 Tahun 2006 tentang Konvensi PBB (Perserikatan Bangsa-Bangsa) Anti Korupsi. Dukungan legislasi ini diharapkan memberikan efek jera bagi pelaku sekaligus melindungi hak-hak warga negara secara keseluruhan. Kata Kunci: Dukungan Legislatif, RUU KUHP, Pemberantasan, Tindak Pidana Korupsi, Pro dan Kontra

scholarly journals JUDGE'S JUDGMENT ON CRIMINAL OFFENSE AGAINST PERPETRATORS OF CRIMINAL EXTORTION WITH THE VIOLENCE AGAINST OTHER PEOPLE'S MOTORCYCLES (Verdict Study Number: 237/Pid. B/2018/PN Kla)

2020 ◽  
Vol 2 (01) ◽  
pp. 56-65
Author(s):  
Oktasari Putri Pramisela ◽  
Yulia Hesti
Keyword(s):  
Law Enforcement ◽  
Attorney General ◽  
Criminal Code ◽  
Deterrent Effect ◽  
District Court ◽  
Criminal Offence ◽  
Factors Affecting ◽  
Criminal Offenses ◽  
Violent Criminal ◽  
The Law

A crime or criminal act, usually perpetrators of criminals because of an encouragement based on the importance of fulfilling the necessities of life that is relatively difficult to fulfill. In principle the crime problem does not stand alone, but it relates to other issues such as social, economic, political and cultural which is as a phenomenon that affects each other. To tackle crimes and criminal acts such a thorough enforcement and anticipation policy is required. One of the most common criminal acts in the community is the violence of violent blackmail. Perpetrators can be assessed by the community, therefore it is necessary to be handled by the law enforcement officers intensively with the severity of the criminal that was dropped. The problem in this study is how the judge's consideration in dropping a criminal against perpetrators of criminal offenses with violence against motorcycles belonging to others, what are some factors causing perpetrators of criminal extortion with violence. The method of study used is the normative juridical approach and empirical approach obtained directly at the District Court of Kls II Kalianda, state Attorney of South Lampung. Based on the results of the study can be concluded that the judge's judgment in the criminal offence against the perpetrator of violent criminal offence is in accordance with the element contained in article 368 paragraph (1) of the criminal CODE and was sentenced to 2 years imprisonment. Factors affecting the cause of perpetrators of criminal extortion in violence are environmental factors, economic factors on society, the law enforcement. The advice given is to be expected to the Tribunal, the attorney general and the police in providing or establishing the article can be in accordance with its elements and actions, to the rationing punishment against the defendant is considered fair and give a deterrent effect so that the defendant can not repeat it again. There is cooperation between law enforcement and the community in minimizing the crimes that occurred.

scholarly journals Implementation of the Provisions of the European Convention for the Protection of Pet Animals into Ukrainian Legislation: Some Theoretical and Applied Aspects

2021 ◽  
Vol 30 (3) ◽  
pp. 29-45
Author(s):  
Nadiia Kobetska ◽  
Lesia Danyliuk
Keyword(s):  
Animal Welfare ◽  
Animal Rights ◽  
Legal Regulation ◽  
European Convention ◽  
General Nature ◽  
Legislative Process ◽  
Legal Representation ◽  
The Law ◽  
European Standards ◽  
Legal Mechanism

European integration processes in Ukraine have led to the approximation of national legislation to European standards, including pet handling. The first and currently the only ratified European convention in Ukraine on protection and ensuring animal welfare is the European Convention for the Protection of Pet Animals. The article describes the major doctrinal, legislative and practical aspects of implementing this Convention into Ukrainian law. The legal regulation of the humane treatment of domestic animals in Ukraine is based on the Law of Ukraine on the protection of animals from cruel treatment, its provisions being of a general nature, and detailed solutions are found in other laws and regulations. Detailed rules for dealing with pets are determined by municipalities and they are implemented in the relevant administrative and territorial units. The concept of “animal rights”, despite its proclamation in the preamble to the Law of Ukraine on the protection of animals from cruel treatment, has no formal legal representation and reflection in Ukrainian legislation. Nevertheless, Ukrainian legal academic doctrine, legislative process and law enforcement practice are currently embodying the concept of animal welfare. The development and implementation of a coherent legal mechanism for pet handling is the major contributing factor in achieving pet welfare, therefore Ukraine needs a clear strategy to improve its legal regulation.

scholarly journals . Problems of legal regulation of combatinig terrorism and prevention of terrorist acts

2020 ◽  
Vol 2020 (2) ◽  
pp. 84-92
Author(s):  
Samofalov L.P. ◽  
◽  
Samofalov O.L. ◽  
Keyword(s):  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
European Convention ◽  
International Treaties ◽  
International Convention ◽  
Terrorist Financing ◽  
Terrorist Groups ◽  
The Law ◽  
Terrorist Acts

The article addresses to the study of problematic issues of legal regulation of combating terrorism and the prevention of terrorist acts. The current state of crime prevention by terrorist groups is comprehensively analyzed. It is established that the range of subjects of anti-terrorist activity is not provided by the current legislation and the corresponding shortcomings that arise during the combating terrorism. It is established that the legal basis for the fight against terrorism is the Constitution of Ukraine, the Criminal Code of Ukraine, the Law of Ukraine "On Combating Terrorism", other laws of Ukraine, the European Convention on the Suppression of Terrorism of 1977 year, the International Convention for the Suppression of Terrorist Bombings of 1997 year, the International Convention on the Fight against Terrorist Financing in 1999 year, other international treaties of Ukraine approved by the Verkhovna Rada of Ukraine, decrees of the President of Ukraine, resolutions and orders of the Cabinet of Ministers of Ukraine, as well as other regulations adopted to implement the laws of Ukraine. Among the normative legal acts regulating relations in the field of counter-terrorism, one of the prominent places has the Law of Ukraine "On Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime, Terrorist Financing and Financial Proliferation of Weapons of Mass Destruction" dated 14 October, 2014. It is proved that among the factors that negatively affect the effectiveness of the investigation of terrorist crimes, the leading place is taken by insufficiently balanced and unfounded state criminal law policy, which over the past few years has gradually lost its state character, becoming hostage to permanent political confrontation. There are many cases of unsystematic and scientifically unsubstantiated changes in certain provisions of the Criminal Code of Ukraine. Key words: terrorism, terrorist act, terrorist operation, crimes, subjects, criminal liability.

scholarly journals Characteristics of Crimes Against the Interests of Service in Commercial and Other Organisations in Russia and Germany

2020 ◽  
Vol 8 (4) ◽  
pp. 140-152
Author(s):  
Sergey Markuntsov ◽  
Martin Paul Wassmer
Keyword(s):  
Criminal Code ◽  
Economic Losses ◽  
Criminal Prosecution ◽  
Common Elements ◽  
Criminal Offence ◽  
The Public ◽  
The Russian Federation ◽  
Corrupt Conduct ◽  
The Comparative Study ◽  
International Conventions

The comparative study focuses on corruption in commercial organisations, which has received considerable attention in both Russia and Germany in recent years. In both countries anti-corruption law has been harmonised by several international conventions to reflect the growing importance of world trade and increasing globalisation. The authors analyse the current criminal offences and the criminological characteristics in both countries. Whereas in Russia special criminal provisions were created under Chapter 23 (Articles 201, 202, 203, 204, 204.1 and 204.2 of the Criminal Code of the Russian Federation), in Germany the relevant corrupt conduct is covered by the traditional general criminal offence of embezzlement (§ 266 of the German Criminal Code (StGB)) and by newly created special corruption offences (§§ 299, 300 and 301 StGB). The authors show that in each of the two countries, Russia and Germany, corruption in commercial organisations is now considered a grave form of corruption, so that the international conventions are taken into account to some extent. In Germany, however, not only are the sanctions foreseen for corruption in commercial organisations considerably lower than those for corruption in the public sector, but the offences are only prosecuted on criminal complaint. In the practice of German criminal prosecution, these types of bribery offences have therefore so far had little significance. Nevertheless, a high number of undetected cases and large economic losses can be expected. Furthermore, the comparative legal study shows that there are not only considerable differences in the design of the criminal provisions as well as in the legal reality, but that there are also several common elements in Russia and Germany.

scholarly journals Kebijakan Formulasi Pertanggungjawaban Pidana Terhadap Korporasi

2015 ◽  
Vol 3 (1) ◽  
pp. 75
Author(s):  
Husni Husni
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Other ◽  
Criminal Prosecution ◽  
Law System ◽  
Legal Code ◽  
Corporate Body ◽  
Perspective Change ◽  
The Subject

According to criminal law regulation, the human is only the subject to be blamed in term of criminal action. A human can be as a guilty party of any criminal case. . However, this regulation has been abandoned by the Indonesian law system because of the perspective change that beside human, the corporate bodies are also as the subject of guilty party if the legal regulation is specificly determined by Legal Code in term of specific case. Therefore, based on the legal regulation, the corporate bodies are treated as equal as human in term of the subject of lawsuit so the , the rejection of prosecution toward corporate bodies based on Delinguere University’s doctrine- non potest has been changed by accepting the concept of functional doer. (fungtioneel daderschap). Although the constitution considers the corporate bodies as the subject of the lawsuit, the responsibility of criminal prosecution will be treated in a different ways from humans as a subjet of lawsuit. Although the corporate bodies can be prosecuted, the issue in implementing the case still remains due to the variation of the terminology used. Additionally, the other challenge is because the regulation implemented relating to corporate bodies’ lawsuit is still not determined specifically in criminal code. It is also insufficient and inconsistent prosecution regulation regarding to corporate body lawsuit.

THE ORGANIZATIONAL STRUCTURE OF A LEGITIMATE COMPANY CANNOT BE A SIGN OF A CRIMINAL OF A CRIMINAL ORGANIZATION

2020 ◽  
Vol 10 (4) ◽  
pp. 99-110
Author(s):  
ALEXANDER ASNIS ◽  
Keyword(s):  
Organizational Structure ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Organization ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Widespread Application ◽  
Legal Entity ◽  
The Russian Federation ◽  
The Law

The subject of the article was the negative tendency in recent years to use by law enforcers the high repressive potential enshrined in art. 35 and 210 of the Criminal Code of the Russian Federation (CC RF) on liability for the creation, leadership and participation in criminal communities for the purpose of criminal prosecution of owners and heads of legal companies that use the latter to commit crimes in economic field. More and more often, the law enforcer began to consider the organizational structure of a commercial organization, fixed in the charter and well-documented, as indisputable evidence of the presence of structural features of a criminal community (criminal organization). Until recently, such an interpretation of the criminal law was not hindered by either the criminal law or the position of the highest court in criminal matters. An attempt to solve this problem by the Federal Law of April 1, 2020 No. 73-ФЗ initiated by the President of the country, according to the author, is a “half measure”. This novelty also raises new problems for the law enforcer in interpreting such valuation concepts as “reliable knowledge” and “are not subject to criminal liability ... due to the organizational and staff structure of the organization”. In this regard, the legislator will be forced to continue the search for new, more effective and reliable barriers for the incorrect application of Article 210 of the Criminal Code of the Russian Federation. The author proposes to the expert community a number of specific legal and technical solutions to the problem of the unreasonably widespread application of art. 210 of the CC RF, including: using judicial control over the conformity of the legal entity with the goals of its creation and removing unreasonable restrictions when deciding whether there is a reason for initiating a criminal case under art. 210 CC RF in relation to owners, beneficiaries and heads of organizations, if the latter is charged with creating a legal entity for the purpose of committing a grave or especially grave crime; legislative limitation of the range of grave and especially grave crimes for the commission of which a criminal community (criminal organization) can be created; consolidation in the criminal law of the concept of creating a criminal community (criminal organization) in the form of a legal entity that does not belong to the state and municipal sectors, on the basis of the exceptional character of the criminal purpose of creating such a person.

scholarly journals THE EXERCISE OF A RIGHT OR THE CARYING OUT OF AN OBLIGATION – JUSTIFIED CAUSES REINTRODUCED INTO THE NEW ROMANIAN CRIMINAL CODE

2014 ◽  
Vol 8 (4) ◽  
pp. 98-102
Author(s):  
Liviu-Alexandru Lascu
Keyword(s):  
Criminal Liability ◽  
Competent Authority ◽  
Criminal Code ◽  
The Other ◽  
Mens Rea ◽  
History Of ◽  
Question Under Discussion ◽  
Mental Element ◽  
The Law

This study aims to analyze an old concept, namely, the exercise of a right or the performance of an obligation as one of the justified causes, reintroduced into the new Romanian Criminal Code after more than 40 years. Even having a long history of existence within the Romanian criminal codes adopted in 1864 and 1936, during the communist era, once adopted the Romanian Criminal Code in 1968, in force until 1-st of February, 2014, this justified cause had been removed. At the time, the communist legislator considered as being useless to mention it among the other causes which can remove the criminal liability. The doctrine of the time argued that a criminal fact committed when carrying out an order given by the law or the competent authority didn’t meet the criteria of being a crime, because it lacks the mental element, mens rea. The practice of nowadays demonstrated, the question under discussion is not so easy, the lack of mens rea cannot be always raised as a defense and therefore, the legislator realized the necessity of reintroducing the exercise of a right or the performance of an obligation as one of the justified causes.    

scholarly journals Responsibility for crimes under the articles 210 and 210.1 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 147-152 ◽  
Author(s):  
Михаил Кармановский ◽  
Mikhail Karmanovsky ◽  
Елена Косьяненко ◽  
Elena Kosyanenko
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Organization ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Federal Law ◽  
Administrative Functions ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Law

Article is devoted to the changes made to the Criminal Code of the Russian Federation by the Federal law of the Russian Federation of April 1, 2019 № 46-FZ on toughening of punishment for establishing a criminal organization or participation in it. Innovations concerned all parts of article 210, in particular criminal liability amplified (generally a penalty) and part 11 of article 210 appeared. Besides, the law entered new article 210.1 of the «Occupation of the highest situation in criminal hierarchy». Having analyzed statistics, only one fact of involvement of such person to criminal liability for establishing a criminal organization is elicited. Him was «thief in law» who carried out organizational and administrative functions concerning criminal community and its participants. One example of judicial practice by part 4 of article 210 of the Criminal Code of the Russian Federation «the person taking the highest position in criminal hierarchy», proves existence of difficulties at procedural proof. However these problems will not arise in the situation provided by article 210.1 as to prove that such person makes act it is not necessary. There is enough of fact that this person holds the highest position in criminal hierarchy. Meanwhile, noted edition of the law contradicts the theory of criminal law, regarding criminal prosecution only for criminal action.

scholarly journals Tinjauan Yuridis Pasal Pemidanaan bagi Pelanggar Rahasia Dagang dalam Undang-Undang Nomor 30 Tahun 2000 (Judicial Review Article Of Punishment For Violators Of Trade Secrets In The Law Number 30 Year 2000)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Akram Sri Nerendro Tomo ◽  
Burhanudin Burhanudin
Keyword(s):  
International Business ◽  
Judicial Review ◽  
Trade Secret ◽  
Criminal Code ◽  
Review Article ◽  
The Other ◽  
Business Climate ◽  
Trade Secrets ◽  
The Law ◽  
Year 2000

Abstract.The law number 30 year 2000 about trade secret was first enacted on December 20th 2000. The main purpose of this law is to create a conducive and innovative business climate to create a national and international business competition to be conducive. The other purpose of this law is to protect the rights of the trade secret owners that has not been noticed. To protect the rights of the trade secret owner, the articles of 13 and 14 regulates the elements of violation about trade secrets and then these both articles is accommodated in article 17 abaout the criminal provisions. However, there is a problem in the Article about the punishment due to the inconsistency of the phrase which results in a double understanding of the phrase. The phrase is "Violation" which has consequences on the threat of punishment that is given a maximum imprisonment and fines based on book 3 of the Criminal Code (WvS), while in Article 17 which received a delegation of Articles 13 and 14, the threat of punishment is a maximum of 2 years in prison and fines. In addition, the problem with the ineffectiveness of this law in snaring violators is the absence of provisions on various matters. From the description above, the researcher tries to provide a researcher's perspective through a juridical review of the Criminal Code of trade secrets and also the problem of the ineffectiveness of the application of the Article. 

Sign in / Sign up

Export Citation Format

Share Document