scholarly journals FUNGSIONALISASI PASAL 44 KUHP DALAM PENYIDIKAN TINDAK PIDANA PEMBUNUHAN (SUATU RE-ORIENTASI & RE-EVALUASI MENUJU REFORMULASI)

2019 ◽  
Vol 5 (2) ◽  
pp. 352-373
Author(s):  
Y A Triana Ohoiwutun ◽  
Fiska Maulidian Nugroho ◽  
Samuel Saut Martua Samosir ◽  
Arief Setiyoargo
Keyword(s):  
Mental Disorder ◽  
Forensic Psychology ◽  
Criminal Code ◽  
Legal Practice ◽  
Discretionary Power ◽  
Criminal Proceeding ◽  
Court Proceeding

Uncertainty with regard to the proper implementation of Article 44 of the Criminal Code is to be discussed.  In legal practice, the existence of mental disorder in those who are accused of murder or homicide will be made dependent on the decision of psychiatrist (authorized to conduct forensic psychology or psychiatry). In the case that such mental disorder is determined to be existing during a pre-trial hearing, the court is under no obligation to order cessation of the criminal proceeding. It is noted that in a number of cases the decision to terminate investigation or cease court proceeding falls completely under the Judge discretionary power.  The author’s recommendation is that a reformulation of Art. 44 of the Criminal Code is in order.

scholarly journals Rape in Finnish criminal law and process - A discussion on, and beyond, consent

2021 ◽  
Vol 8 (2) ◽  
pp. 21
Author(s):  
Daniela Alaattinoğlu ◽  
Heini Kainulainen ◽  
Johanna Niemi
Keyword(s):  
Sexual Violence ◽  
Criminal Law ◽  
Research Team ◽  
Structural Changes ◽  
Criminal Code ◽  
Societal Change ◽  
Legal Practice ◽  
Sexual Offences ◽  
Criminal Process ◽  
The University

Chapter 20 of the Finnish Criminal Code, which regulates sexual offences, is currently undergoing structural changes. Focusing on the section of rape, this article investigates the amendments proposed by the Ministry of Justice in 2020 in the light of the current Finnish legislation, legal practice, supranational normative developments and societal change. Lessons are drawn from a recent research project about the attrition of sexual violence in the Finnish criminal process by a research team at the University of Turku. The article welcomes the increased emphasis on voluntariness, contextuality, power imbalances and communication in the suggested draft law. It also criticises some weaknesses of the draft legislation. Conclusively, it proposes further action to improve legal clarity and strengthen the enforcement of a new legal conceptualisation of sexual violence.

Individualization of Punishment Taking into Account the Nature and Degree of Public Danger

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Вячеслав Воронин ◽  
Vyacheslav Voronin
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Legal Practice ◽  
The Public ◽  
Judicial Practice ◽  
Common Criteria ◽  
The Supreme Court ◽  
Special Part ◽  
The Russian Federation ◽  
The Common

Part 3 of article 60 of the Criminal Code of the Russian Federation refers to the common criteria of individualization of punishment the nature and degree of public danger of committed crime in each criminal case. The purpose of this article is to analyze the legal practice of this provision, as well as the construction of clarification on the issue of taking into consideration the public danger, which will be useful for the judiciary. For this purpose the author supposes to solve following problems: analysis of dogmatic ideas about the nature and degree of public danger; search for factors that courts consider in determining public danger in judicial practice; analysis of the survey data of judges from different regions of the country. As a result the author concludes that the nature of public danger depends on the object of the offense and cannot influence on individualization of punishment, because it was considered by the legislator when constructing the corresponding article of the Special Part and therefore should be excluded from Part 3 of art. 60 of the Criminal Code of the Russian Federation. Degree of public danger when individualizing is determined subject to the objective and subjective elements of a crime. The author proposed to make recommendations on considering into account degree of public danger in the judgment 22.12.2015 No. 58 adopted by the Plenum of the Supreme Court of the Russian Federation “On practice of criminal sentencing by courts of the Russian Federation”.

scholarly journals Mental health legislation in Chile

2014 ◽  
Vol 11 (4) ◽  
pp. 90-92
Author(s):  
Andrea Bahamondes ◽  
Alvaro Barrera ◽  
Jorge Calderón ◽  
Martin Cordero ◽  
Héctor Duque
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mental Disorder ◽  
Criminal Code ◽  
Standards Of Care ◽  
Health Law ◽  
Mental Health Law ◽  
Mental Health Legislation ◽  
Health Legislation ◽  
The 19Th Century

Chile does not have a mental health law or act, and no single legal body protecting those deemed to be afflicted by a mental disorder, setting standards of care and protecting and promoting their rights. Instead, pieces of mental health legislation are scattered about in different legal and administrative documents, including the country's Constitution, Health Code, Criminal Code and Civil Code. Remarkably, mental health legislation was the object of virtually no change or amendment from the middle of the 19th century until the year 2001. New pieces of legislation have been issued since but, despite improvements in the protection of people suffering from a mental illness, a mental health law in Chile is still needed.

Lawyers request a procedural document in a court proceeding

2020 ◽  
pp. 96-102
Author(s):  
Volodymyr Hromko
Keyword(s):  
Law Enforcement ◽  
Practical Problem ◽  
Practical Experience ◽  
Criminal Code ◽  
Practical Relevance ◽  
Law Enforcement Agencies ◽  
Scientific Cognition ◽  
Legislative Framework ◽  
Court Proceeding ◽  
Logical Semantic

Purpose: The purpose of this article is the desire to convey to the legal community, as well as to persons associated with the lawmaking process in the state, the need to amend the current legislation of Ukraine in the context of unloading the judicial system by providing such a procedural document as a lawyer's request, more important status and the imposition of stricter liability for failure to provide, or incomplete or improper, response to such a request. Methodology: The methodology involves the analysis of the available scientific and theoretical material, the legislative framework, in the part concerning procedural documents of the court, the lawyer and other law enforcement agencies, as well as their own practical experience. The following methods of scientific cognition were used during the research: terminological, logical-semantic, system-structural, logical-normative, comparative, and others. Results: In the course of the research it was determined that there was a real practical problem related to obtaining information by lawyers in the course of their legal activity, as well as other issues arising from it, including the saving of court time. An alternative is proposed to remedy and resolve issues related to this issue. Scientific Novelty: Scientific novelty is to offer the legal community a fundamentally different approach to understanding the value and importance of a lawyer's tool such as a lawyer's request. Practical relevance: The results of the study can be used in the process of amending the Law of Ukraine "On Advocacy and Legal Activities", as well as in the Criminal Code and Criminal Procedure Ukraine.

scholarly journals Тhe institute of confiscation of property in Russian criminal law. Lessons of combating proceeds of crime in the assessment of the Supreme Сourt of the Russian Federation

2018 ◽  
pp. 22-30
Author(s):  
Yu. K. Krasnov
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Plenary Session ◽  
Legal Framework ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Practice ◽  
The Supreme Court ◽  
The Russian Federation

Introduction. May and June 2018 saw intensi­fied discussions in Russia around the issue of confis­cation of property obtained by criminal means. These discussions arose after several initiatives of legisla­tors who advocated the strengthening of the role of this institution of criminal law in the legal practice in Russia and after the Supreme Court of the Rus­sian Federation summarized the experience of the use of confiscation in the practice of Russian courts and formulated some recommendations for the courts in the decision of the plenary session of June the 14th .  Materials and methods. The article uses a number of research methods and techniques to ana­lyze the problem such as analysis that allows isolat­ing the trends in the development of the institution of confiscation; comparison which allows evaluating homogeneous processes at different stages of the in­stitute of confiscation of property acquired by crimi­nal means, and generalization which is necessary to summarize the results of the research.  Research results. The use of the institution of confiscation of property obtained by criminal means in the legal practice of Russia has passed several stages. The modern stage began after the institution was restored in the criminal code of the Russian Fed­eration by the Federal law of July 27, 2006 № 153FZ and section VI of the Criminal Code was supple­mented by Chapter 15.1 “Confiscation of property”. This Chapter contains the legislative definition of the confiscation of property (article 104.1 of the Crimi­nal Code) and an indication of the subject of confis­cation, its types and conditions.  Based on the decisions of the plenums of the Su­preme Court of the Russian Federation the article analyzes the practice of this institution in the activi­ties of Russian courts. 12 years of experience in the application of Chapter 15.1 of the Criminal Code, showed that, despite the repeated explanations of the Supreme Court, which dealt with individual crimes, some of the controversial issues remained unre­solved. In this regard the Plenum of the Supreme Court introduced a number of proposals to improve the legal framework of this institution in the draft Resolution.  On June 14th , 2018 the next plenary Session of the Supreme Court of the Russian Federation ad­opted a new detailed resolution on the practice of application of Chapter 15.1 of the Criminal Code and proposed detailed recommendations to improve the application of the institution of confiscation of property obtained by criminal means in the Russian Federation, which are considered and commented on in the article.  Discussion and conclusion. Legal literature discussed the innovations in the Russian legislation related to the institution of confiscation of property obtained by criminal means caused in a very active mode. The views of the authors of articles on this is­sue can be divided into two parts with each havinga lot of supporters. According to the first of them the new place of confiscation of property among the mea­sures of criminal law is justified.  Supporters of the opposite point of view sup­port the exclusion confiscation of property from the system of measures of criminal law as they believe that the legal nature of the confiscation of property belongs to a form of criminal punishment. This is the opinion of the judges. Two-thirds of the judges believe that the confiscation of property should be considered as an additional form of punishment.

scholarly journals REPEATING AND RECURRENCE OF INTENTIONAL MURDER UNDER AGGRESSIVE CIRCUMSTANCES

2020 ◽  
pp. 352-361
Author(s):  
М. О. Василенко
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Criminal Record ◽  
Separate Study ◽  
Criminal Offense ◽  
Criminal Proceeding ◽  
Judicial Practice ◽  
Special Part ◽  
The Subject

In the article, the author conducted a study of recurrence and recurrence as forms of multiplicity of premeditated murder under aggravating circumstances. The relevance of this work is that this issue has not been the subject of a separate study among modern scholars of criminal law. In the work the author found that the recurrence of premeditated murder under aggravating circumstances, it is necessary to distinguish from a criminal offense under paragraph 13 of Part 2 of Article. 115 of the Criminal Code of Ukraine (premeditated murder committed by a person who previously committed premeditated murder, except for murder under Articles 116-118 of the Criminal Code of Ukraine), which is considered a qualifying (aggravating sign) premeditated murder. After all, in the case of premeditated murder by a person who has previously committed premeditated murder, with the exception of murder provided for in Articles 116-118 of the Criminal Code of Ukraine, a single crime is necessarily meant. The author also emphasizes that the recurrence of premeditated murder under aggravating circumstances is available only if the person has previously been convicted of premeditated murder, but the conviction has not yet been removed and not expunged. Or when a person has committed premeditated murder under aggravating circumstances provided by the same part of the article of the Special Part of the Criminal Code of Ukraine two or more times, and all episodes are considered in one criminal proceeding. In addition, the paper found that recurrence and recidivism, as forms of multiplicity of premeditated murders under aggravating circumstances, are not mutually exclusive and can be used by the court as a whole. It is concluded that in judicial practice there are many cases when courts do not clarify the issue of expungement or removal of a criminal record when imposing a penalty for repeated intentional homicides in aggravating circumstances. Therefore, the solution of this issue, in our opinion, needs legislative consolidation. After all, the recurrence of premeditated murder under aggravating circumstances is available only if the person has previously been convicted of premeditated murder, but the conviction has not yet been removed and not expunged. Or when a person has committed premeditated murder under aggravating circumstances provided by the same part of the article of the Special Part of the Criminal Code of Ukraine two or more times, and all episodes are considered in one criminal proceeding.

Issues of Applying of Article 2741 of the Criminal Code of the Russian Federation «Unlawful Influence on Critical Information Infrastructure of the Russian Federation»

2021 ◽  
Vol 2 ◽  
pp. 97-107
Author(s):  
Ya. О. Kuchina ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Liability ◽  
Information Infrastructure ◽  
Criminal Code ◽  
Legal Issues ◽  
Criminal Case ◽  
Legal Practice ◽  
Critical Information ◽  
The Russian Federation

A new article was introduced into the Criminal Code of the Russian Federation in 2017, which establishes criminal liability for unlawful impact on the critical information infrastructure of the Russian Federation. However, there is still no developed legal practice of applying this article, despite repeated statements of experts about the significant prevalence of crimes that encroach on the security of critical information infrastructure. The author of the article discovered one criminal case instituted on the grounds of a crime prohibited by Art. 2741 of the Criminal Code. The proposed article contains an analysis of the legal issues of this article, including the consideration of the specifics of qualification under Part 1, Part 2, and Part 3 of Art. 2741 of the Criminal Code. The concept of critical information infrastructure as an object of crime is considered, suggestions are made about the features of qualification of acts that will minimize law enforcement errors.

A Review of the Amendments to the Criminal Code of Canada (Mental Disorder)

1993 ◽  
Vol 38 (8) ◽  
pp. 567-570 ◽  
Author(s):  
R.S. Swaminath ◽  
P.D. Norris ◽  
W.J. Komer ◽  
G. Sidhu
Keyword(s):  
Mental Disorder ◽  
Criminal Code ◽  
Young Offenders ◽  
C 30 ◽  
Young Offenders Act ◽  
National Defence

On February 4, 1992, Bill C-30, an Act to Amend the Criminal Code of Canada (Mental Disorder), the National Defence Act and the Young Offenders Act, was officially proclaimed. The authors provide an overview of this legislation and raise some concerns regarding certain sections of the Criminal Code.

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