scholarly journals Los nuevos delitos contra la seguridad vial: una muestra 
de la Administración del Derecho Penal

2009 ◽  
Author(s):  
Raquel Montaner Fernández
Keyword(s):  
Criminal Law ◽  
Road Traffic ◽  
Administrative Law ◽  
Harm Principle ◽  
Law Reform ◽  
Seguridad Vial ◽  
Law System ◽  
Driving License ◽  
The Road ◽  
Derecho Penal

Tradicionalmente, los delitos contra la seguridad vial vienen considerándose como delitos de peligro. Sin embargo, con la última reforma penal en esta materia el legislador se aleja de la técnica de los delitos de peligro introduciendo tipos penales más formales. De este modo, el Derecho Penal cada vez se aproxima más a la lógica del Derecho administrativo sancionador, aparcando la relevancia de principios que tradicionalmente han inspirado el Ius puniendi como es el principio de lesividad. El delito de conducción a una velocidad excesiva (art. 379.1) y el delito de conducción sin permiso o licencia (art. 384) son dos de las manifestaciones de esta nueva orientación del Derecho penal. Traditionally, the road traffic offences are considered as dangerousness offences. Nevertheless, with the last criminal law reform in this area the legislator mover away from the dangerousness offences to get closer to more formal offences. In this way, the Criminal Law is coming closer so the sanctioning Administrative Law system, forgetting the relevance of some traditional principles in Ius puniendi like the harm principle. The offence of driving at an excessive speed (art. 379.1 CP) and the offence of driving without driving license (art. 384 CP) are two examples of this new Criminal Law orientation.


scholarly journals THE REFORM OF CRIMINAL JUSTICE WILL CONTINUE

2015 ◽  
Vol 2 (71) ◽  
pp. 3
Author(s):  
Uldis Krastiņš
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Road Traffic ◽  
The Other ◽  
Complex Composition ◽  
The Road ◽  
Scope Of Application ◽  
Criminal Penalties

The article substantiates the view that approved on the 9th of January 2009 by the Cabinet of Ministers of the Latvian Republic, the concept of policy of criminal penalties and adopted on the 13th of December 2013 by the Saeima, the numerous changes in the Criminal Law (CL), should be considered as the beginning of the reform of criminal law of Latvia. In particular, in CL, now is written the principle non bis in idem, the prohibited analogy in the criminal law, from the criminal law is excluded the institute of repetition of criminal acts in all its forms and thereby the scope of application of real set of acts. The author of the article points out that were developed also the other draft amendments and supplements in the CL, for example, regarding the special confiscation of property, the expansion of the content of the estimating concept of essential damage, the other interpretation of criminal acts in the road traffic is suggested, as well as the other forms of guilt in the criminal acts with the complex composition.

scholarly journals Z problematyki prawnokarnej oceny zbiegnięcia sprawcy z miejsca przestępstwa drogowego

2020 ◽  
Vol 53 ◽  
pp. 13-31
Author(s):  
Rajnhardt Kokot
Keyword(s):  
Criminal Law ◽  
Road Traffic ◽  
The Road ◽  
The Past ◽  
The Subject ◽  
Subjective Aspect

On criminal-law issues of the assassment of an offender fleeing the scene of an traffic crimeOn the grounds of criminal-law research, the article tries to conduct a dispute analysis of the issues of a legal evaluation of “the fleeing” of a road traffic participant from the scene of the communication event. The subject of the analysis is not only the concept of “the escape” — its subjective aspect — but also its perception on the grounds of the past and the presently applicable legal solutions. Attention was drawn to the change in function that these circumstances fulfilled and to how, within years, its influence on justice in cases of communication crimes — from the circumstances restricting the dimension of punishment in the phase of judicial substantiation, via creation of the marks of the qualified type of forbidden act, to a general cumulative premise of extraordinary restriction of punishment. One of the leading ideas of this work is the case of the ratio legis regulation of the fleeing of the road traffic participant from the scene of the communication event. In light of the accepted legal solutions it is unclear what determines its object of protection, and so the protection of which legal goods this regulation serves.

32. Selected road traffic offences (additional chapter)

2021 ◽  
pp. 1133-1133
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Road Safety ◽  
Road Traffic ◽  
The Road ◽  
Dangerous Driving ◽  
The Supreme Court ◽  
English Law

This chapter discusses road traffic offences including dangerous driving, careless and inconsiderate driving, causing death by driving, causing death by careless or inconsiderate driving when under the influence of drugs or alcohol, and causing death while driving unlawfully. A discussion of these offences contributes to an understanding of the general principles of criminal law. Dangerous and careless driving are rare examples of English law providing endangerment offences. The Road Safety Act 2006 includes some controversial new offences in which liability is imposed for a death arising while unlawfully on the roads irrespective of whether the death is due to some defect in the manner of the driving. The chapter examines the decisions of the Supreme Court in Hughes and in Taylor on the need for fault as to driving.

scholarly journals BLUE-LIGHT BRIGADES AND THE POLITICS OF BAD DRIVING

Obiter ◽  
2021 ◽  
Vol 34 (1) ◽  
Author(s):  
Charnelle van der Bijl
Keyword(s):  
Blue Light ◽  
Criminal Law ◽  
Road Traffic ◽  
Criminal Liability ◽  
Western Cape ◽  
The Road ◽  
Right Of Way ◽  
Road Users ◽  
Form Part ◽  
Shed Light

The so-called blue-light brigade “bullies” who form part of the VIP Protection Unit continue to present a formidable danger to other road users and have become the controversial focus of media attention. (The VIP units are deployed to protect persons who qualify as VIPs (“Very Important Persons”).  Notably in the Western Cape, the intention has been expressed to introduce provincial legislation in an attempt to curb incidents of VIP blue-light brigade bullying. Although a Western Cape cabinet resolution was taken in November 2010 to the effect that blue lights and sirens were to be removed from provincial ministerial vehicles in the Western Cape, this decision does not have an impact on the other provinces. In the absence of specific legislation relating to the VIP units, the purpose of this article is to attempt to shed light from a criminal-law perspective, on the key issue of how far the possible “immunity” enjoyed by VIP units extends where road users are bullied for right of way or are injured or killed. Various offences will be investigated to establish under which provisions (if any) the VIP members may be held criminally accountable. This article will firstly analyse the road-traffic regulations and possible exemptions which may be applicable to VIP units. Secondly, the criminal liability of the VIP units will be examined with reference to some of the possible crimes and defences applicable. Lastly, constitutional issues in the context of blue-light brigades will be investigated.

scholarly journals Terrorismo y derecho penal. Del derecho penal como instrumento de última ratio al derecho penal del enemigo = Terrorism and criminal law. From a criminal law concept as extrema ratio to enemy criminal law

2019 ◽  
pp. 89
Author(s):  
Elisabetta Cutrale
Keyword(s):  
Criminal Law ◽  
International Level ◽  
Law System ◽  
Legal Violence ◽  
Palabras Clave ◽  
Legal Uncertainty ◽  
Derecho Penal

RESUMEN: La agresión terrorista ha supuesto, a nivel nacional y internacional, el problema de la creación de un sistema penal de reacción a tal fenómeno. Sin embargo, la necesidad de una contestación urgente ha tenido como consecuencia una incertidumbre general que lleva en sí misma el riesgo de la negación del Estado de derecho para adoptar la lógica del derecho penal del enemigo. Este escrito -a través el análisis de la teoría de Gunther Jakobs, teórico del derecho penal del enemigo- describe las repercusiones, parafraseando a Ferrajoli, de una falta de “asimetría entre Estados de derecho y violencia extra legal”. ABSTRACT: The fear of terrorism has created, at national and international level, a criminal law system to react to this phenomenon. The need for a rapid answer to the problem has led to legal uncertainty that carries with it the risk of the negation of the legal state to adopt the logic of the enemy's criminal law. This writing, through the analysis of the theory by Gunther Jakobs, theorist of the enemy's criminal law, describes which are the negative repercussions of a lack of "asymmetry between legal state and extra legal violence” mentioning Luigi Ferrajoli. PALABRAS CLAVE: ciudadano,enemigo,pena,derecho penal,Estado de derecho. KEYWORDS: Citizen, enemy, punishment, criminal law, legal state.

scholarly journals Aspek Religius dalam Pembaharuan Hukum Pidana melalui Politik Hukum Nasional

2021 ◽  
Vol 23 (1) ◽  
pp. 27
Author(s):  
Brian Septiadi Daud ◽  
Awaluddin Awaluddin
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Research Method ◽  
Holistic Approach ◽  
Law Reform ◽  
Law System ◽  
Legal Thinking ◽  
Religious Aspects

The purpose of writing is to see about the Indonesian National Law System which is based on Pancasila, especially precepts I, and also to see the accommodation of religious aspects in carrying out Criminal Law Reform through National Law Politics. The research method used in this paper is normative juridical research. The results of research in creating a Pancasila-based legal system can be carried out by applying the juridical-religious principle (for the sake of justice based on divinity) not just a formality of decisions but a substantive / material justice. Then also the paradigm of legal thinking from positivistic to positistic-empirical, which is necessary to make genuine science and law enforcement more useful, including the use of a holistic approach by taking into account the conditions of society. And in carrying out a good reform of the National Criminal Law, it is better to look at religious-based aspects / values ​​and create policies that are in accordance with society in general.

‘Mother, what did policemen do when there weren't any motors?’ The law, the police and the regulation of motor traffic in England, 1900–1939

1993 ◽  
Vol 36 (2) ◽  
pp. 357-381 ◽  
Author(s):  
Clive Emsley
Keyword(s):  
Twentieth Century ◽  
Criminal Law ◽  
Road Traffic ◽  
Motor Vehicles ◽  
Late Nineteenth Century ◽  
Middle Classes ◽  
The Road ◽  
Late Nineteenth ◽  
The Law ◽  
Law Making

ABSTRACTThe law had always been deployed by the police to regulate traffic, but the development of motor vehicles, travelling at much greater speeds than previous road traffic, constituted a problem of a new dimension. By the early 1920s the use of the law to control motor vehicles was jamming the magistrates' courts and creating friction, hitherto unknown, between the police and the middle classes. The paper explores the way in which, and the extent to which, the criminal law was used to control the motorist in the first third of the twentieth century. It takes issue with the whiggish view of law making, which understands laws as logical remedies for readily identifiable problems; it rejects equally the idea of seeing laws as inspired by class interest. Rather the motor traffic legislation fits better with the concept of the ‘policeman state’ which, according to V. A. C. Gatrell, developed from the late nineteenth century. At the same time the paper suggests that a scapegoat – ‘the road hog’ – was created as the focus for criticism in much the same way that other criminal scapegoats have been established; the offender thus ceased to be a member of society and became an outsider, threatening respectable law-abiding citizens.

32. Selected road traffic offences

2018 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Road Safety ◽  
Road Traffic ◽  
The Road ◽  
Dangerous Driving ◽  
The Supreme Court ◽  
English Law

This chapter discusses road traffic offences including dangerous driving, careless and inconsiderate driving, causing death by driving, causing death by careless or inconsiderate driving when under the influence of drugs or alcohol, and causing death while driving unlawfully. A discussion of these offences contributes to an understanding of the general principles of criminal law. Dangerous and careless driving are rare examples of English law providing endangerment offences. The Road Safety Act 2006 includes some controversial new offences in which liability is imposed for a death arising while unlawfully on the roads irrespective of whether the death is due to some defect in the manner of the driving. The chapter examines the decisions of the Supreme Court in Hughes and in Taylor on the need for fault as to driving.

scholarly journals Adultery Criminalization Spirit in Islamic Criminal Law: Alternatives in Indonesia’s Positive Legal System Reform

2021 ◽  
Vol 5 (2) ◽  
pp. 913
Author(s):  
Supardin Supardin ◽  
Abdul Syatar
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Human Life ◽  
Criminal Code ◽  
Law Reform ◽  
System Reform ◽  
Law System ◽  
Applicable Law ◽  
The Future ◽  
New Ideas

This study aims to provide new ideas in the criminal law reform discourse in Indonesia, especially concerning the adultery issue, by employing a socio-legal approach and Islamic criminal law. The socio-legal approach was performed by combining normative analysis and non-legal scientific tactics in observing the applicable law. Meanwhile, the Islamic criminal law was used to assess and contribute new ideas to the Indonesian legal system in the future, presuming criminal law reforms are implemented. The results indicated fundamental weaknesses in Article 284 of the Criminal Code (KUHP) in terms of defining adultery and the prescribed sanctions. Hence, the community’s need for efforts to reform the adultery penalty following the national culture is inevitable. The best solution is that the spirit of adultery sanctions in Islamic criminal is expected to be an alternative to renew Indonesia’s criminal law system in the future. Although some elements of the nation may not expect the form of adultery sanction in Islamic penalties, the spirit in it aims to have strong legal certainty and maintain human life

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