scholarly journals Environmental terrorism - victimological aspects and preventive mechanisms

Temida ◽  
2018 ◽  
Vol 21 (1) ◽  
pp. 67-89
Author(s):  
Ana Batricevic ◽  
Nikola Paunovic
Keyword(s):  
Terrorist Attack ◽  
Human Life ◽  
National Level ◽  
Criminal Code ◽  
Life Safety ◽  
Anthropogenic Factors ◽  
Negative Consequences ◽  
Criminal Offence ◽  
Safety And Health ◽  
The Subject

Defined extensively as committing ecological criminal offences with the intention to achieve political goals, environmental terrorism is a global threat to environment, human life, safety and health, as well as to the survival of flora and fauna. Environmental terrorism contains the elements of environmental crime and the elements of terrorism, which makes the position of its victims particularly complex. The subject of this paper includes defining environmental terrorism, analysing its phenomenology. Since this form of crime simultaneously harms and endangers environment, material goods, human life, safety and health, flora and fauna, the subject also comprises the study of the specific position of its victims. It is emphasised that longlasting and extensive consequences of ecological criminal offences make it difficult to determine promptly the victims of this form of crime, as well as that its victims are victimised twice: due to terrorist attack and due to negative consequences of ecological criminal offences (such as severe health damage) often emerging after several years. The subject covers the analysis of current international legal mechanisms for the prevention and protection of environmental terrorism victims? rights, including those dealing with terrorism in general as well as those relevant to the protection of environment from negative anthropogenic factors. Finally, the subject contains a critical analysis of legislative framework of the Republic of Serbia pertinent to the prevention and sanctioning of environmental terrorism, with focus on the provisions of current Criminal Code prescribing ecological criminal offences and terrorism. In order to achieve more precise tracking of the scope and dynamics of environmental terrorism and more adequate sanctioning compatible with its social hazard, the authors propose its incrimination as an independent criminal offence against humanity and other values protected by the international law. The purpose of this paper is to define environmental terrorism, analyse its forms and to examine current mechanisms for the prevention of victimisation from environmental terrorism and the protection of its victims? rights on international and national level. Moreover, the authors seek to contribute to the improvement of the quality of tracking and to the efficiency of prevention of victimization from environmental terrorism in Serbia by suggesting its incrimination as an independent criminal offence.

scholarly journals Mistake of fact and endangering actions as circumstances which can affect differentiation of criminal responsibility for unfinished crime

2020 ◽  
pp. 286-290
Author(s):  
Natalia Antoniuk
Keyword(s):  
Social Relations ◽  
Criminal Responsibility ◽  
Human Life ◽  
Subjective Evaluation ◽  
Criminal Code ◽  
Special Part ◽  
The Subject ◽  
Severe Punishment ◽  
A Minor ◽  
Legal Consequences

 Most of the aspects of differentiation of criminal responsibility for unfinished crime though being discussional, are duly researched in the criminal scientific studies. However, the sphere of unresearched institutes exists enabling us to speak about its influence on differentiation of criminal responsibility. This institutes are the mistake of fact and so called “delicts of endangering” The purpose of this research is to analyze the differentiated influence on criminal responsibility of crimes committed with the feature of mistake of fact and of delicts of endangering. It is planned to illustrate, basing on certain examples, the importance of these institutes for differentiation of criminal responsibility. By the way, the task of this article is to reveal the shortcomings of criminal law in force and to make propositions on their removing. Up to date, taking into consideration the provisions of part 3, 4 of Article 68 of the Criminal Code of Ukraine, the court can`t impose punishment on person, guilty of committing a crime under effect of mistake of fact, qualified as attempt, higher than 2/3 of the maximal severe punishment (envisaged in article of special part of the Criminal Code). The court, as well, can`t (in most cases) impose life imprisonment even when the damage totally equals the damage caused by finished crime. For instance, planning to kill with mercenary motives a minor, the guilty person kills an adult. This action can’t be qualified as finished crime, as the mistake of victim occurs. Nevertheless, object of human life is objectively damaged. So, the crucial necessity to make equal between each other finished crime and crime, committed under influence of mistake of fact, is evident. Differentiating criminal responsibility in situations when damage is desired by the guilty person, the legislator in fact hasn’t bothered to duly differentiate criminal-legal consequences in case of endangering without the desire of such damage. That`s why it is of great importance to regulate by norms criminal actions which are endangering social relations with social dangerous damages, but don’t have the features of criminal aim, motive and desire of guilty person. This step can provide differentiated approach towards socially dangerous behavior, delimiting the estimation of act and consequence. It can concentrate the attention on subjective evaluation of potential consequences by guilty person, notwithstanding the factors, which often exist besides mental estimation of the subject.

scholarly journals PERNIKAHAN YANG TIDAK DICATATKAN DAN PROBLEMATIKANYA

2013 ◽  
Vol 12 (2) ◽  
pp. 201
Author(s):  
H. Endang Ali Ma’sum
Keyword(s):  
Social Life ◽  
Human Life ◽  
National Level ◽  
Legal Issues ◽  
Negative Consequences ◽  
Cultural Patterns ◽  
Domestic Life ◽  
Communal Life ◽  
Secondary Function ◽  
And Control

Marriage is essentially much more than an akad (agreement) allowing for sexual  relations between husband and wife, but is the vocal point of communal life. Therefore, marriage holds an important meaning in human life and forms the cultural patterns to create and control strong foundations in domestic life. In its secondary function, marriage becomes the pillar for a larger order in social life, from the communal to the national level. Therefore, legal and administrative order must be implemented, among them the registration of marriage. An unregistered  marriage causes negative consequences for the marriages itself, to the children  born from that marriage and the corresponding legal issues. Therefore, this article pushes for courage on behalf of the ulama to insert marital registration as a rukun (religious requirement) for marriage in accordance with Indonesian fiqh, to clarify that unregistered marriages are illegal and to push the Indonesian public to consider such instances with greater scrutiny.

scholarly journals PENERAPAN PERTANGGUNGJAWABAN PIDANA BADAN USAHA (KORPORASI) DALAM KETENTUAN YANG BERKAITAN DENGAN HUKUM LINGKUNGAN

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Herlina Manullang
Keyword(s):  
Criminal Law ◽  
Environmental Law ◽  
Human Life ◽  
Criminal Code ◽  
Legal Basis ◽  
Legal Entity ◽  
The Subject ◽  
Business Entities ◽  
Criminal Legislation ◽  
Positive Effect

AbstractMany things in human life has been affected by a legal entity (corporation), if the positive effect is certainly no need to worry, but just a lot of influence has been harmful to individuals and society at large. Criminal Code as the legal basis in criminal legislation only mentions that a criminal act can only be done by an individual (naturlijk person) is not a business entity (corporation). This has led to the growth of various laws outside the Criminal Code that recognizes the position of a business entity (corporation) as subjects of criminal law, especially in the provision of environmental law. Recognition notch business entities (corporations) as the subject of criminal law in environmental law provisions certainly result in the criminal responsibility.Keyword: Legal Entity, environmental Law, Criminal

scholarly journals O przedmiocie ochrony prawnej przestępstwa paserstwa umyślnego

2020 ◽  
Vol 30 (4) ◽  
pp. 39-72
Author(s):  
Marta Zwierz
Keyword(s):  
Supreme Court ◽  
Legal Protection ◽  
Criminal Code ◽  
Criminal Offence ◽  
Legal Tradition ◽  
The Supreme Court ◽  
The Subject ◽  
Legal Arguments

This paper addresses the problem of classifying the criminal offence of handling stolen goods under the Polish Criminal Code of 1997. Referring to two separate and contradictory views about the crime, the study looks at both of them and attempts to define the subject of legal protection of that criminal offence in the Polish legal system. To this end, the paper also discusses a judgment of 26 June 2014 of the Polish Supreme Court (I KZP 8/14), in which the Supreme Court could not conclusively resolve the issue, creating even more doubts. The author questions the position of the Polish Supreme Court, arguing that it is not supported by either logical or legal arguments which would stem from the long-standing legal tradition. The author further argues that all problems arising from the determination of the good legally protected by the criminal offence as defined in Article 291(1) of the Polish Criminal Code result from the erroneous classification of criminal offences by the Polish lawmaker.

Subject-Oriented Approach to the Analysis of the Crisis of Technogenic Civilization

2021 ◽  
pp. 35-38
Author(s):  
Vladimir E. Lepskiy ◽  
Keyword(s):  
Artificial Intelligence ◽  
Social Values ◽  
Social Systems ◽  
Digital Technologies ◽  
Life Safety ◽  
Negative Consequences ◽  
Scientific Rationality ◽  
Third Order ◽  
The Subject ◽  
Oriented Approach

The paper analyzes the logic of the formation of a subject-oriented approach, which includes activity and subject-activity approaches, on the basis of ideas about scientific rationality. The model of technogenic civilization ignores the subject-oriented approach. The subject-oriented approach is useful for ana­lyzing the crisis of technogenic civilization and searching for philosophical and methodological foundations for the formation of a model of post-techno­genic civilization. The focus is on the problems of organizing hybrid reality environments, including integrated subjectness, physical and digital realities, including the realities of artificial intelligence. The ontological paradox of the model of a technogenic civilization is formulated, which limits the control of the use of digital technologies and artificial intelligence in the interests of ensuring life, safety and development of social systems. The development and implementation of digital technologies and artificial intelligence is carried out in their own paradigms (morphological, logical, neurocybernetic, weak, strong, general artificial intelligence, etc.) in isolation from social values and paradigms of social systems. The technocratic approach leaves out of the con­trol of society the potential negative consequences of the use of digital tech­nologies and artificial intelligence and makes it difficult to develop and im­plement these technologies in the interests of the development and security of mankind. The problem of integrating the paradigms of social systems and artificial intelligence is urgent. Creation of appropriate conceptual and techno­logical levels and the establishment of an interface between them. To solve this problem on the basis of a subject-oriented approach, it is proposed to use a model of self-developing poly-subject (reflexive-active) environments (third-order post-non-classical cybernetics). The consequences of ignoring the sub­ject-oriented approach are illustrated by the example overcoming the threats of the COVID-19 pandemic.

scholarly journals Normative models for criminalizing the crime of falsifying evidence in the legislation of different states

2021 ◽  
Author(s):  
Eugeniu Piterschi ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Negative Consequences ◽  
Objective Reality ◽  
Republic Of Moldova ◽  
The Subject ◽  
Court Proceedings ◽  
The Republic ◽  
Normative Models ◽  
Illegal Action

Crimes against justice established in the Criminal Code of the Republic of Moldova are the group of socially dangerous facts, which have negative consequences in court proceedings. One of these is the illegal action of falsifying the evidence, dislocated in two typical normative variants at art.310 of the Criminal Law of the Republic of Moldova. However, notwithstanding the fact that art.310 of the Criminal Code of the Republic of Moldova criminalizes the subject directly nominated in the normative manner, the latter is instituted succinctly and allows illegal actions in the category of false evidence to go unpunished. In this sense, we propose as a desideratum the realization of some comparative studies and the initiation of a rigorous proposal, in order to adjust the local normative framework in co-relation with the socially dangerous facts committed in the objective reality.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

Crimes against marriage and family before Criminal Code 1968

2020 ◽  
Vol 15 (1-3) ◽  
pp. 44-59
Author(s):  
Lidia Peneva
Keyword(s):  
Criminal Code ◽  
Point Of View ◽  
Marriage And Family ◽  
Historical Method ◽  
Legal Method ◽  
The Subject ◽  
The Republic ◽  
Criminal Groups ◽  
The Moment ◽  
Structural Point

Crimes against marriage and family are a particular group of social relation­ships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Repub­lic of Bulgaria. The subject matter of this Statement will, however, be the legisla­tive provisions concerning these criminal­ized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.

Determinants of Abuse of the Bodies of the Dead

2019 ◽  
pp. 71-77
Author(s):  
Margarita Khomyakova
Keyword(s):  
Low Income ◽  
Criminal Code ◽  
Value Judgments ◽  
Legal Norms ◽  
Low Level ◽  
Medical Institutions ◽  
Specific Object ◽  
The Subject ◽  
The Dead ◽  
High Level

The author analyzes definitions of the concepts of determinants of crime given by various scientists and offers her definition. In this study, determinants of crime are understood as a set of its causes, the circumstances that contribute committing them, as well as the dynamics of crime. It is noted that the Russian legislator in Article 244 of the Criminal Code defines the object of this criminal assault as public morality. Despite the use of evaluative concepts both in the disposition of this norm and in determining the specific object of a given crime, the position of criminologists is unequivocal: crimes of this kind are immoral and are in irreconcilable conflict with generally accepted moral and legal norms. In the paper, some views are considered with regard to making value judgments which could hardly apply to legal norms. According to the author, the reasons for abuse of the bodies of the dead include economic problems of the subject of a crime, a low level of culture and legal awareness; this list is not exhaustive. The main circumstances that contribute committing abuse of the bodies of the dead and their burial places are the following: low income and unemployment, low level of criminological prevention, poor maintenance and protection of medical institutions and cemeteries due to underperformance of state and municipal bodies. The list of circumstances is also open-ended. Due to some factors, including a high level of latency, it is not possible to reflect the dynamics of such crimes objectively. At the same time, identification of the determinants of abuse of the bodies of the dead will reduce the number of such crimes.

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