scholarly journals Sex and gender characteristics in the Criminal Code of the Republic of Croatia with special reference to the criminal offences of rape and domestic violence

Temida ◽  
2013 ◽  
Vol 16 (1) ◽  
pp. 33-54
Author(s):  
Marissabell Skoric
Keyword(s):  
Domestic Violence ◽  
Social Relations ◽  
Criminal Law ◽  
Gender Stereotypes ◽  
Statistical Data ◽  
Criminal Code ◽  
Criminal Offence ◽  
Male And Female ◽  
Female Sex ◽  
The Republic

The study deals with the issue of whether the norms of criminal law make a distinction between male and female sex with regard to the perpetrator of the criminal offence as well as with regard to the victim of the criminal offence and also the issue of whether male or female sex have any role in the criminal law. It is with this objective in mind that the author analyzed the provisions of the Criminal Code of the Republic of Croatia and statistical data on total crime in the Republic of Croatia and the relation between male and female perpetrators of criminal offences. The statistical data reveal that men commit a far greater number of offences than women. Apart from this, women and men also differ according to the type of the criminal offence they tend to commit. Women as perpetrators of criminal offences that involve the element of violence are very rare. At the same time, women are very often victims of violent offences perpetrated by men, which leads us to the term of gender-based violence. Although significant steps forward have been made at the normative level in the Republic of Croatia in defining and sanctioning of genderbased violence, gender stereotypes can still be observed in practice when sexual crimes are in question so that we can witness domestic violence on a daily basis. All of this leads to the conclusion that it is necessary to make further efforts in order to remove all obstacles that prevent changes in social relations and ensure equality between women and men, not only de jure but also de facto.

scholarly journals Domestic violence

Temida ◽  
2003 ◽  
Vol 6 (2) ◽  
pp. 37-44
Author(s):  
Jasmina Kiurski
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Institution ◽  
Legal Systems ◽  
Criminal Offence ◽  
Protective Function ◽  
Recent Reform ◽  
Definition Of

In this article author examines a definition of a family, the role of a family as a social and legal institution as well as state reaction in a situation of mal function of a family. Special attention is given to a definition of a family, its protective function and criminal law in modern legal systems. Author also analyzes recent reform of our legislation firstly new criminal offence (Article 118a of the Criminal Code of Republic of Serbia) - Domestic Violence - and its relation to other similar criminal offences. Finally, author gives an overview of up-to-now practice from District and Municipal Prosecutors Offices in Belgrade and suggestions for solving observed problems in implementation of this criminal offence.

scholarly journals THE NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN “ON THE PRACTICE OF THE COURTS APPLYING THE CRIMINAL LAW IN CASES OF CRIMES RELATED TO VIOLATION OF THE RULES OF THE ROAD AND THE OPERATION OF VEHICLES” DATED JUNE 29, 2011, AND THE CRIMINAL LAW

2020 ◽  
pp. 69-75
Author(s):  
K.A. Bakishev
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Offence ◽  
The Road ◽  
Regulatory Decision ◽  
The Supreme Court ◽  
Sufficient Degree ◽  
The Republic

The Concept of the legal policy of the Republic of Kazakhstan for the period from 2010 to 2020emphasizes that the criminal law must meet the requirements of legal accuracy and predictability ofconsequences, that is, its norms must be formulated with a sufficient degree of clarity and based on clearcriteria that exclude the possibility of arbitrary interpretation provisions of the law. Meanwhile, an analysisof the Criminal Code of the Republic of Kazakhstan shows that some articles on liability for road transportoffences are designed poorly. For example, Art. 346 of the Criminal Code of the Republic of Kazakhstan ischaracterized by a combination of formal and qualified corpus delicti, as well as two forms of guilt — intentand negligence; in Art. 351 of the Criminal Code of the Republic of Kazakhstan, the circle of subjects of thecriminal offence was significantly reduced due to the unjustified exclusion of drivers of non-mechanicalvehicles. As a result, the Supreme Court of the Republic of Kazakhstan in the regulatory decree «On thepractice of the courts applying the criminal law in cases of crimes related to violation of the rules of theroad and the operation of vehicles’ of June 29, 2011 made a number of errors and contradictions that led todifficulties in qualifying the criminal offence and the appointment criminal punishment. Taking into accountthe law-enforcement and legislative experience of Kazakhstan and other countries in the field of ensuringtraffic safety, the author proposes amendments and additions to the named regulatory decision of theSupreme Court of the Republic of Kazakhstan to improve its quality and improve law enforcement practice.

scholarly journals On the issue of qualification of criminal offence connected to domestic violence

2020 ◽  
pp. 56-61
Author(s):  
O.V. Stepanenko ◽  
A.S. Stepanenko
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Record ◽  
Criminal Offence

The article deals with the issue of considering the fact that a person has a criminal record on criminal offence connected with domestic violence as a part of the ‘systematic nature’ characteristic. It is stated that the ‘domestic violence’ is used in the expression of criminal offences connected to domestic violence not within the scope of Article 1261 of Criminal Code of Ukraine but the framework of Law of Ukraine ‘On prevention and combat against domestic violence’, thus the ‘systematic nature’ characteristic does not cover criminal offences connected to domestic violence. It is pointed out that criminal liability for a criminal offence connected to domestic violence has criminal- law consequences and thus shall be considered when assessing the ‘systematic nature’ as a characteristic of domestic violence under Art. 1261 of CC of Ukraine. The following rules of qualification of criminal offences connected to domestic violence are formulated: 1) if a person has a criminal record for a criminal offence connected to domestic violence then such offence shall be considered when assessing the ‘systematic nature’ as a characteristic of domestic violence under Art. 1261 of CC of Ukraine provided that the offence has not lost it criminal law consequences; 2) if a person a person has been prosecuted twice or more times for an administrative offence under Art. 1732 of Code of Administrative Offences of Ukraine and has committed a criminal offence connected to domestic violence then such offence shall be taken into account when assessing the ‘systematic nature’ as a characteristic of domestic violence under Art. 1261 of CC of Ukraine and in cases when sanction for such offence is greater than the sanction provided for in Art. 1261 of CC of Ukraine, such actions shall be qualified as cumulative criminal offence. It is concluded that there could be a number of such combinations but the key conclusion is that it is necessary to account for criminal record for a criminal offence connected to domestic violence provided that such offence has not lost its criminal-law consequences when assessing the ‘systematic nature’ as a characteristic of domestic violence under Art. 1261 of CC of Ukraine.

scholarly journals CONSIDERATIONS OF CRIMINAL LAW AND FORENSIC SCIENCE REGARDING THE ILLEGAL ACCESS TO A COMPUTER SYSTEM

2018 ◽  
Vol 11 (2) ◽  
pp. 49-57
Author(s):  
Adrian Cristian MOISE
Keyword(s):  
Computer System ◽  
Criminal Law ◽  
Personal Information ◽  
Social Engineering ◽  
Criminal Code ◽  
Criminal Offence ◽  
Web Page ◽  
Council Of Europe ◽  
Visual Identity ◽  
The Social

Starting from the provisions of Article 2 of the Council of Europe Convention on Cybercrime and from the provisions of Article 3 of Directive 2013/40/EU on attacks against information systems, the present study analyses how these provisions have been transposed into the text of Article 360 of the Romanian Criminal Code.  Illegal access to a computer system is a criminal offence that aims to affect the patrimony of individuals or legal entities.The illegal access to computer systems is accomplished with the help of the social engineering techniques, the best known technique of this kind is the use of phishing threats. Typically, phishing attacks will lead the recipient to a Web page designed to simulate the visual identity of a target organization, and to gather personal information about the user, the victim having knowledge of the attack.

THE SOCIALDANGEROUSOF SOME CRIMES AGAINST THE FAMILY IN CRIMINAL LAW AND THE ISSUES OF CRIMINALIZATION OF CERTAIN ACTS IN THIS AREA

2021 ◽  
Vol 6 (7) ◽  
pp. 87-96
Author(s):  
Zulkhumor Ibrokhimova ◽  
Keyword(s):  
Criminal Law ◽  
Family Relations ◽  
Disabled Persons ◽  
Criminal Code ◽  
Child Disclosure ◽  
The Social ◽  
The Family ◽  
Practical Standpoint ◽  
The Republic ◽  
Objective Side

This article deals with the social danger of some crimes against family and family relations in the Criminal Code of the Republic of Uzbekistan. From a scientific, theoretical and practical standpoint, the author analyzes the signs of the objective side of the elements of some crimes against the institution of the family, defined in Chapter V "Crimes against family, youth and morality" of the Criminal Code of Uzbekistan. In particular, such crimes as evasion from the maintenance of minors or disabled persons, evasion from the maintenance of parents, substitution of a child, disclosure ofthe secret of adoption, violation of the legislation on marriageable age were comprehensively considered. In addition, the issues of criminalization of certain acts against the family, which are not recognized as criminal in the Criminal Code, were raised and relevant proposals were presented

Social justice for sex workers as a ‘politics of doing’: Research, policy and practice

2020 ◽  
Vol 28 (3) ◽  
pp. 257-279
Author(s):  
Sharron FitzGerald ◽  
Maggie O’Neill ◽  
Gillian Wylie
Keyword(s):  
Social Justice ◽  
Social Relations ◽  
Criminal Law ◽  
Sex Workers ◽  
Research Policy ◽  
Red Light ◽  
Policy And Practice ◽  
Sexual Offences ◽  
Republic Of Ireland ◽  
The Republic

The Republic of Ireland is a good case study to highlight the problems associated with uncritical appeals to criminal law as the only appropriate tool to tackle demand and protect sex workers from harm. In 2017, the Criminal Law (Sexual Offences) Act came into force in the Republic of Ireland (hereafter Ireland) making it a criminal offence to purchase sex in the jurisdiction. Ireland’s decision to introduce Swedish-style laws followed a protracted public campaign instigated in 2009 by the Irish and radical feminist inspired neo-abolitionist organisation, Turn off the Red Light. In this article, we confront and de-centre the Turn off the Red Light campaign’s hegemonic narrative that the criminal rather than social justice responses provide a more effective vehicle for sex workers’ empowerment. Undertaking our intervention in Irish feminist prostitution politics as a ‘politics of doing’ social justice through our separate and combined research, we extend our analysis by invoking Nancy Fraser and Barbara Hudson’s theoretical work on social and restorative justice. We wish to develop a theoretical framework that can serve as a roadmap for restorative social justice – the process of achieving rights, recognition and redistribution through relational, reflective and discursive interventions in sex work research, policy and practice. We argue that by ‘thinking’ sex workers’ positionality in social relations differently, the ‘doings’ of restorative social justice for sex workers can begin or take place.

Legislation of the Republic of Kazakhstan Regarding Criminal Infractions and the Law Enforcement Practice

2018 ◽  
Vol 9 (1) ◽  
pp. 194
Author(s):  
Aibar S. NURKHAN
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
World Economy ◽  
Criminal Responsibility ◽  
Legal Framework ◽  
Criminal Code ◽  
Comparison Analysis ◽  
State Administration ◽  
The Law ◽  
The Republic

Studying of issues regarding criminal infractions – whether intended or imprudent – plays quite a significant role. Fundamental changes taking part in world economy and politics, globalization processes, as well as internal dynamics of country development, undoubtedly, have impact on national legal framework, including criminal law. Therefore, the main goal of the present paper is the analysis of legislation of the Republic of Kazakhstan regarding criminal infractions and the law enforcement practice. To reach this goal authors have used methods of comparison, analysis and data systematization. As a result it has been found that in Kazakhstan there are at average 4,3 registered criminal infractions per a convict. The term of criminal infraction has appeared in the Criminal Code in 2014 to cover offences of small gravity and administrative violations that cannot be referred to the sphere of state administration. Authors have revealed the punishment in the present day Kazakhstan is not a main form of criminal responsibility realization. In the majority of cases linked to criminal infractions the persons committed them are relieved from criminal responsibility at the stage of prejudicial inquiry.

scholarly journals Features of signs of the crime object provided by article 166 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 192-198
Author(s):  
Алена Харламова ◽  
Alena Kharlamova ◽  
Юлия Белик ◽  
Yuliya Belik
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Direct Object ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to the problematic theoretical and practical issues of the content of the signs of the object of the crimes under Art. 166 of the Criminal Code. The authors determined the main direct object, revealed the essence of the right of ownership, use and disposal. Marked social relations that can act as an optional direct object. Particular attention is paid in the article to the subject of the crime. Attempts have been made to establish criteria that are crucial for the recognition of any vehicle as the subject of theft. The content of the terms “automobile” and “other vehicle” is disclosed. The analysis of the conformity of the literal interpretation of the criminal law to the interpretation of the law enforcer is carried out. It is summarized that the Supreme Court of the Russian Federation narrows the meaning of the term “other vehicle”, including in it only vehicles for the management of which, in accordance with the legislation of the Russian Federation, is granted a special right. The authors provide a list of such vehicles and formulate a conclusion on the advisability of specifying them as the subject of a crime. The narration of the article is accompanied by examples of decisions of courts of various instances in cases of crimes under Art. 166 of the Criminal Code of the Russian Federation

scholarly journals TECHNOLOGIES IN THE CRIMINAL LEGISLATION OF RUSSIA: PROBLEMS AND PROSPECTS

2020 ◽  
pp. 85-92
Author(s):  
Vasily N. Nekrasov ◽  
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Status ◽  
Criminal Code ◽  
Innovative Activity ◽  
Innovation Activity ◽  
Technical Innovations ◽  
The Russian Federation ◽  
The Impact

In this paper, the author tried to consider the impact of such innovation results as technology on domestic criminal law and to understand whether the legislator is ready for them. In the current Criminal Code of the Russian Federation, the legislator does not once use a single general concept in relation to technical innovations, which allows to characterize its various elements. At the same time, the legislator traditionally uses such private terms as tools, means, equipment, system, etc. When considering this issue, the first thought that comes to mind is that technical innova-tions in the Criminal Code are regarded as instruments or means of committing a crime. In criminal law theory, there are many points of view on the question of distinguishing between "instrument" and "means" of crime. The Criminal Code of the Russian Federation does not clearly understand the concepts under analysis. Technical innovations, such as equipment by domestic lawmakers, are regarded as instruments and means of committing a crime. The above concepts were traditionally used by the legislator to construct the norms of the Russian criminal law. At the same time, due to the active development of innovation activity, new technical innovations are appearing today, which, firstly, did not exist before, and secondly, they have a number of specific features. At the same time, definitions that were not previously used in the Russian criminal law, which allow judging about new possibilities of technology, which only stimulate the discus-sion about the legal status of technology, both in criminal law and in legislation as a whole, are already in place today. Social relations are undergoing certain changes as a result of innovative activities. In this regard, the object of crime is also being transformed. As a result, a new type of property is emerging, namely intellectual property, which is also subject to criminal law protection. It seems that today there is a need to combine the norms in the field of crimes that infringe on innovative activity into a separate group of norms. These social relations have a number of features that make it possible to consider forming them into a separate type of crime object. Separating groups of crimes in the area of innovative activity will be of great importance. In particular, it will make it possible to establish public danger in relation to a group of crimes and to analyse changes in the degree of public danger of crime depending on the type of quali-fying and attracting circumstances.

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