Constitutional Law: Protection of Civil Liberties: Federal Criminal Prosecution of State Police Officers: Constitutionality and Construction of Section 20 of Criminal Code

The scientific article determines the current state of legal regulation of the circulation of cold steel in Ukraine and also analyzes the latest bills to regulate this issue. A study of the social climate and opinions of Ukrainian citizens on the free possession of cold steel is conducted. The study identified the concept of «cold steel» and its qualifications. The analysis of normative documents in which the classification of types of cold steel and methods of forensic research are considered is carried out. The main criteria the category of cold steel are defined. The articles summarize the lack of certain means of cold steel, as well as the methodology itself, which determines which weapon belongs to the category of cold steel, and this language presupposes the presence of certain technical parameters. This situation creates a huge space for abuse both by experts, which can distort the results of the examination and by unscrupulous sellers, which can lead to a false phenomenon of possession of completely legal weapons and as a consequence may lead to criminal prosecution of Ukrainian citizens for part 2 of Article 263 of the Criminal Code of Ukraine «Illegal handling of weapons, ammunition or explosives». To resolve this controversial issue, our own methodology and criteria for classifying certain means as «cold steel» as well as decriminalization of liability for carrying a cold weapon are proposed, because the Code of Administrative Offenses of Ukraine contains certain articles that already provide for liability for improper acquisition and storage of cold steel. Thus, today in Ukraine it is urgent to adopt a law on arms, which will clearly define such concepts as cold steel, research methods that will be simple and clear to anyone, whether he is a citizen of Ukraine or not, because many abuses by police officers who demand bribes in connection with this issue or take away items of historical or simply material value. There is no legal regulation of civil armaments in Ukraine, and therefore it cannot categorically raise the issue of criminal liability for committing certain actions in the absence of legal regulation of public relations in response to these issues. Criminological research has long and convincingly proven that punishment has never and nowhere been among the main deterrents to committing crimes. The existence of absurdly strict laws has never had a positive effect on the crime situation in the country.

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STATE POLICING AND INVISIBLE FORCES IN MOZAMBIQUE

Africa ◽

10.1017/s0001972014000345 ◽

2014 ◽

Vol 84 (3) ◽

pp. 424-443 ◽

Cited By ~ 3

Author(s):

Helene Maria Kyed

Keyword(s):

Rule Of Law ◽

Police Officers ◽

The Rule Of Law ◽

Ethnographic Fieldwork ◽

War Zone ◽

Police Authority ◽

State Police ◽

State Authority ◽

Post War ◽

Spiritual Problems

ABSTRACTThis article explores how the state police in Mozambique tried to (re)encroach upon a former war zone and what their methods implied for state authority more generally. Post-war reform efforts to professionalize the police in accordance with the rule of law and human rights have had apparently paradoxical results. This is in part because efforts to constitute state authority have relied on both embracing and taming ‘tradition’ as an alternative domain of authority, order and law. Ethnographic fieldwork at police stations shows that the police increasingly handle witchcraft cases and spiritual problems. This, the article argues, does not only reflect a tension between local/customary and state/legal notions of order and justice. Equally significant is the existence of partial sovereignties. A spiritual idiom of power and evildoing constitutes an alternative articulation of sovereignty due to the capacity of invisible forces to give and take life. This is an idiom mastered by chiefs and healers. Police officers engage with invisible forces to gain popular legitimacy and manifest state power, and yet they never manage to fully master those forces. Consequently, state police authority remains uncertain, and must be continually reinforced by enacting hierarchies and jurisdictional boundaries and by using force.

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Abortion: Woman's Right and Legal Problem

Theology Today ◽

10.1177/004057367102800307 ◽

1971 ◽

Vol 28 (3) ◽

pp. 337-346 ◽

Cited By ~ 1

Author(s):

Howard Moody

Keyword(s):

New York ◽

Cultural Change ◽

Civil Liberties ◽

Change Agents ◽

Criminal Prosecution ◽

Legal Problem ◽

Consultation Service ◽

Legalize Abortion

Howard Moody is pastor of Judson Memorial Church in New York City and a Director of the New York Civil Liberties Union. In 1967, Moody brought together a small group of clergymen to help counsel women with “problem pregnancies.” Risking public censure and criminal prosecution, the Clergy Consultation Service on Abortion referred thousands of women for safe abortions. In addition, Moody and others formed a coalition to support the passage of a bill to legalize abortion. The New York Legislature passed such a bill in April, 1970, which permits abortions by licensed physicians within the first 24 weeks of pregnancy. On July 1, 1970, the New York Clergy Consultation Service, which had served as a model for other organizations in other states, was disbanded and reconstituted as Clergy and Lay Advocates for Hospital Abortion Performance. The new organization is designed to deal with local restrictions on abortions and the growth of high-priced “abortion brokers.” This article is reprinted from the March 8, 1971 issue of Christianity and Crisis, Copyright © 1971 by Christianity and Crisis, Inc. The article is used with permission and is reprinted not only as a commentary on a controversial issue but as a case-study of the problems involved when clergy and churches take on the role of social and cultural change-agents. It's definitely not easy, but apparently it can be done. Dr. Moody wishes to acknowledge the assistance of his associate, Arlene Carmen.

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

Archives of Biological Sciences ◽

10.2298/abs1404339r ◽

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.

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Efficiency of Judiciary and Penalty Policy of Courts in Serbia for Criminal Work Violence in Family // Efikasnost pravosuđa i kaznena politika sudova u Srbiji za krivično delo nasilje u porodici

Годишњак факултета правних наука - АПЕИРОН ◽

10.7251/gfp1909069j ◽

2019 ◽

Vol 9 (9) ◽

pp. 69

Author(s):

Dragan Jovašević

Keyword(s):

Domestic Violence ◽

Rule Of Law ◽

Criminal Policy ◽

Criminal Code ◽

International Standards ◽

Criminal Prosecution ◽

Criminal Offense ◽

The Rule Of Law ◽

Judicial Practice ◽

The Family

Under the influence of international standards, in the first place of the Istanbul Convention, in Serbia at the beginning of this century, there were several statutory texts such as the Criminal Law (2002), the Family Law (2005), the Criminal Code (2005) and the Law on the Prevention of Violence in the family (2016) determined the concept, elements, characteristics and forms of manifestation of the criminal act of domestic violence, as well as a system of preventive and punitive measures in order to prevent and suppress it. However, there is a greater or lesser disparity between legislative solutions and judicial practice, which also affects the efficiency of the functioning of the judiciary, and therefore the rule of law in general. To a large extent they contribute to the results of the policy of criminal prosecution, ie the criminal policy of the courts for the criminal offense of domestic violence in the last decade in Serbia whose results are presented in this paper.

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