PENALTIES FOR MINORS: COMPARATIVE LEGAL RESEARCH

2018 ◽  
Author(s):  
Oleksandra Skok ◽  
Keyword(s):  
Community Service ◽  
Criminal Code ◽  
Criminal Offense ◽  
Distinctive Features ◽  
Criminal Offenses ◽  
The Family ◽  
The Republic ◽  
The Right ◽  
Quantitative Indicators ◽  
Family Code

The article defines the age characteristics of minors in accordance with the Family Code of Ukraine, the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Tajikistan and the Criminal Code of the Republic of Azerbaijan. The quantitative indicators of minors who, in 2020-2021, were notified of suspicion of committing criminal offenses, minor crimes, grave crimes and especially grave crimes, are given. The types of punishments provided by the criminal codes of Ukraine, Kazakhstan, Tajikistan and Azerbaijan, which can be imposed by the court on persons who have committed a criminal offense, at the age of fourteen to eighteen, have been determined. Taking into account the provisions of the Criminal Code of Ukraine, an analysis of punishments in the form of a fine, community service, correctional labor, arrest and imprisonment was carried out. The article analyzes the provisions of the Criminal Code of the Republic of Kazakhstan on punishments in the form of deprivation of the right to engage in certain activities, a fine, involvement in community service, correctional labor, restriction of freedom and imprisonment. The analysis of the content of the Criminal Code of the Republic of Tajikistan in terms of the features of punishments in the form of deprivation of the right to engage in certain activities, a fine, compulsory labor, correctional labor and imprisonment has been carried out. The analysis of punishments provided by the Criminal Code of the Republic of Azerbaijan in the form of a fine, community service, correctional labor, restriction of freedom and imprisonment has been carried out. The general and distinctive features characteristic of the list of punishments that can be assigned to minors have been established. The practice of the courts of Ukraine has been studied in relation to penalties in the form of a fine, correctional labor, community service and imprisonment. The works of domestic scientists are analyzed, on the basis of which, a circle of persons who have conducted research on individual issues on the responsibility of minors is determined.

scholarly journals THE IMPLEMENTATION OF CRIMINAL SANCTIONS IN CRIMINAL CODE AGAINST CRIMINAL ABORTION ACTION BASED ON JUSTICE VALUE

2017 ◽  
Vol 4 (2) ◽  
pp. 161
Author(s):  
Hanuring Ayu Ardhani Putri
Keyword(s):  
Human Rights ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Right To Life ◽  
Criminal Sanctions ◽  
The Family ◽  
Health Expert ◽  
The Republic ◽  
The Right ◽  
Health Experts

The right to life is one of the human rights listed in the Constitution of the State as described in Article 28 (a) of the 1945 Constitution of the Republic of Indonesia. Abortion often occurs in this village. The health expert has not yet given a definitive response, vaguely seen the agreement that abortion can be done by considering the cause, the future of the child and the psychological reason of the family, especially the mother, provided that it is done in ways that meet certain conditions and conditions. So also with social experts who have a view that is not much different from health experts. This study aims to analyze the rights of women from the perspective of human rights and the application of criminal sanctions for perpetrators of criminal acts of abortion. This research method using normative juridical, which both research data obtained from references of literature and applicable legislation, and analyze from court decision. It is concluded that the application of criminal sanction by Judge to perpetrator of abortion crime in Indonesia is still very low compared to criminal threat contained in Criminal Code.

Law and Society - Euthanasia and Criminal Law

2018 ◽  
Vol 5 (2) ◽  
pp. 142-150
Author(s):  
Brunela Kullolli ◽  
lrjan Hysa
Keyword(s):  
Criminal Code ◽  
Right To Die ◽  
Right To Life ◽  
Human Right ◽  
Positive Effects ◽  
Criminal Offenses ◽  
The Republic ◽  
The Right ◽  
Sustainable Protection ◽  
Protection Of Life

Abstract Euthanasia or "sweet death" is a topic that has sparked numerous debates throughout history. In Albania, the right to life is protected by Article 21 of the Constitution of the Republic of Albania. Regarding the individual's right to die in Albania, both forms of euthanasia, the passive and the active one, are considered criminal offenses and are punishable by law. The problem lies in the fact that such a definition is not found in the Albanian legislation, but such actions are considered as criminal by the interpretation of the law. In this topic we will study the perception of Albanians regarding euthanasia and whether the Albanian legislation should include this form of soft death or not. The protection of life in the country should take the dimensions of a sustainable protection. For this reason, in addition to the positive effects of improving life protection that derive from the application of the entirety of the various criminal justice programs and policies, also including the recent amendments to the Criminal Code of the Republic of Albania, a concrete and continuous protection should be provided in support of the right to life. I have always drawn a debate on this issue, which deals with the fundamental human right, with the most sacred right, that of life.

scholarly journals DOMESTIC VIOLENCE AS AN OBJECT OF CRIMINAL LAW INVESTIGATION

2020 ◽  
Vol 73 (4) ◽  
pp. 103-111
Author(s):  
Yuriy Sluhayenko ◽  
Keyword(s):  
Domestic Violence ◽  
Information Society ◽  
Economic Conditions ◽  
Apartment House ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
The Family ◽  
Degrading Treatment ◽  
The Right ◽  
A Minor

The article examines the phenomenon of «domestic violence», which is a social phenomenon that has deep historical roots associated with the legal consolidation of the subordinate position of man. Approaches to the term «domestic violence» are clarified and evaluated. Domestic violence is a serious violation of human rights that the state must uphold and protect. Among them are the right to life and physical integrity; the right not to be subjected to abuse or cruel, inhuman or degrading treatment; the right to freedom from discrimination on grounds of sex; the right to healthy and safe development, etc. Ukraine has ratified a number of international legal instruments, thus committing itself to protecting people from violence, including domestic violence. The term domestic violence first began to be used in the early 1970s to define violence against men and insults against women. The key to investigating domestic violence is to find out that it is not a single beating or an accidental incident - although such things can happen and will, of course, be considered a criminal offense. Domestic violence is constant violence and insults. This is a situation in which the victim is constantly affected, sharing housing with the aggressor, being dependent on him and even, perhaps, having a sense of love for him. Domestic violence is a product of family and personal conflicts. It was stated that the scope of coverage of domestic violence has significantly expanded in the era of the so-called modern information society, which is accompanied by a more tolerant attitude of the population to the facts of domestic violence and criminal offenses in general. Researchers’ views on the concept of domestic violence were analyzed, which determined its types (physical, sexual, threat of violence, economic, psychological, non-fulfillment or improper fulfillment of responsibilities for raising a minor child) and form (criminal and non-criminal). Due to the fact that the breakup of the family and difficult economic conditions entail the possibility of living within one apartment (house) already divorced spouses and their relatives, it is necessary to recognize as potential participants in domestic violence all persons living in one apartment (house) in family or other relationships.

scholarly journals Criminal-legal description of penalties imposed for criminal offenses

2020 ◽  
Vol 4 (4) ◽  
pp. 356-361
Author(s):  
Iryna Shylo
Keyword(s):  
Local Governments ◽  
Criminal Liability ◽  
Criminal Code ◽  
Public Authorities ◽  
Criminal Offense ◽  
Psychotropic Substances ◽  
Criminal Offenses ◽  
Special Part ◽  
General Part ◽  
The Right

The criminal-legal characteristic of the punishment provided for criminal offenses is given. It is determined what punishments can be applied by the court as the main and additional. The size of the main punishments in the form of fines, community service, correctional labor, arrest, restriction of liberty, deprivation of the right to hold certain positions or engage in certain activities, service restrictions for servicemen, detention in a disciplinary battalion were analyzed. Taking into account the provisions of the Law on Criminal Liability, the general principles of sentencing by a court in case of a criminal offense are established, which are: sentencing within the limits established in the sanction of the article (sanctions of part of the article) of the Special Part of the Criminal Code of Ukraine; except as provided in Part 2 of Art. 53 of the Criminal Code of Ukraine; sentencing in accordance with the provisions of the General Part of the Criminal Code of Ukraine; sentencing for a criminal offense, taking into account the identity of the perpetrator and mitigating and aggravating circumstances. The statistical data of the Prosecutor General's Office of Ukraine on registered criminal offenses and the results of their pre-trial investigation for July-November 2020, which showed that a total of registered criminal offenses in July 63 902, August 17 070, September 8 976, October 9 902, November 6 803 The largest number are criminal offenses against life and health of a person; against property; in the field of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors and other criminal offenses against public health; against the authority of public authorities, local governments, associations of citizens and criminal offenses against journalists.

scholarly journals Features of criminal responsibility and punishment of juveniles under the criminal code of Ukraine and the Republic of Kazakhstan

2020 ◽  
Vol 4 (4) ◽  
pp. 231-237
Author(s):  
Oleksandra Skok ◽  
Taisiya Shevchenko
Keyword(s):  
Juvenile Delinquency ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Public Works ◽  
Criminal Offense ◽  
The Past ◽  
The Republic ◽  
The Right

. The place of a juvenile as a subject of a criminal offense in the system of legal regulation of issues related to criminal liability has been determined. The peculiarities of criminal responsibility and punishment of minors, defined in the Criminal Code of Ukraine and the Criminal Code of the Republic of Kazakhstan, are considered. An analysis of statistics on the number of criminal offenses committed over the past five years by persons aged 14 to 18 years. Minor fluctuations in the level of juvenile delinquency committed in Ukraine over the past five years indicate an insufficient level of counteraction to juvenile delinquency in Ukraine. The criminal-legal characteristic of punishments which can be applied by court to the juvenile found guilty of commission of a criminal offense is given. The grounds and procedure for applying to minors convicted of a criminal offense the main punishments provided by the domestic law on criminal liability, such as: fine, have been studied in detail; public works; corrective work; arrest; imprisonment for a definite term. Attention is also paid to additional penalties in the form of fines and deprivation of the right to hold certain positions or engage in certain activities. Taking into account the provisions of the Criminal Code of the Republic of Kazakhstan, the punishments imposed on minors are analyzed, namely: deprivation of the right to engage in certain activities; fine; corrective work; involvement in public works; restriction of liberty; imprisonment. Attention is paid to the legislative regulation of issues related to exemption from criminal liability and punishment with the use of coercive measures of an educational nature.

scholarly journals CRIMINAL OFFENSES AGAINST OFFICIAL DUTY, WITH SPECIAL ANALYSIS OF THE CRIMINAL OFFENSE, ABUSE OF OFFICIAL POSITION AND AUTHORIZATION, ACCORDING TO CRIMINAL LEGISLATION AND PRACTICE

2019 ◽  
Vol 30 (6) ◽  
pp. 1479-1486
Author(s):  
Tose Panov
Keyword(s):  
Criminal Code ◽  
Criminal Offense ◽  
Legal Norms ◽  
Official Position ◽  
Special Analysis ◽  
Criminal Offenses ◽  
The Status ◽  
The Republic ◽  
Basic Characteristics ◽  
Criminal Legislation

In this paper the author will try to analyze and describe the basic characteristics of the criminal offenses against official duty, and he will pay special attention to the criminal act "Abuse of official position and authority" from Article 353 of the Criminal Code of the Republic of Macedonia as a general and fundamental criminal offense against official duty. The basic elements of the criminal offense will be analyzed, starting with the status of the perpetrators, the acts of committing, the consequences of the offense, the guilt of the perpetrator, and in the end are presented the qualified forms of this criminal act. Through the outburst of the legal norms, and the stated statistics we will try to give freshness to the legal text, and that is the main contribution of this paper.

scholarly journals SEPARATE ASPECTS OF USING THE EXPLANATIONS OF PERSONS AS SOURCES OF EVIDENCE IN THE INVESTIGATION OF CRIMINAL OFFENSES

2020 ◽  
Vol 33 (20) ◽  
pp. 108-113
Author(s):  
O.Y. Pereverza ◽  
M.K. Kulava
Keyword(s):  
Effective Means ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Close Relatives ◽  
The Right ◽  
To Receive

The article is devoted to the procedural determination of explanations of persons and peculiarities of obtaining explanations of persons in the investigation of criminal offenses. Changes to Part 8. Art. 95, part 3 Art. 214 of the Criminal Procedure Code of Ukraine (hereinafter – CPC) and new Art. 298-1 CPC are analyzed. It is stated that the explanations selected in this category of the case can be considered as evidence even if they were received before the data entered in the EDDR and can be selected by all the subjects listed in item 19 of Art. 3 CPC, including defender and operational units. It is possible to select explanations from the persons listed in item 25 of Art. 3 of the CPC of Ukraine, as participants in criminal proceedings. Two discussion questions are raised. The first is how the provisions of Part 1 of Art. 63 of the Constitution of Ukraine correlates with the rights and duties of participants in criminal proceedings. Having analyzed the content of item 8 of Art. 95 of the CPC, we state that the explanation can be obtained only with the consent of the person. Thus, the Constitution of Ukraine states that a person may refuse to give explanations in relation to himself, family members, close relatives, but nothing is written about the obligation to give explanations in other cases. Part 2 of Art. 66 of the CPC does not oblige a witness to give explanations and establishes responsibility (, Art. 67 of the CPC, Art. 385 of the Criminal Code of Ukraine for refusing to give testimony, but no explanations, paragraph 4 of Part 3 of Article 72-1 of the Code of Criminal Procedure obliges the representative of the probation authority to give explanations in court, paragraph 9 of Part 1of Article 56 of the CPC provides the victim with the right to give explanations. From July 1, 2020, problems in law enforcement may arise regarding the explanation given by witnesses in the event that they did not give consent to receive them. This will be relevant in the case of obtaining explanations from witnesses in the case who do not wish to give an explanation at all, and not only in cases where it concerns the witness’s person or persons close to him. In fact, they are not responsible for these actions before the law. The number of such persons may be considerable. Therefore, it is necessary to establish at the legislative level the responsibility for refusing to give a witness an explanation. But, it is quite clear that, before questioning such persons, they need to clarify the requirements of Art. 63 of the Constitution of Ukraine. The second, in which procedural form it is necessary to issue explanations. From 1 July 2020, practitioners must have effective means of fixing explanations, since, without the proper procedural form, information about the facts contained in the explanations cannot be recognized as credible evidence. The possibility of applying Articles 103, 104 of the CPC of Ukraine by analogy is established. Namely, that the results of a procedural action – a survey – should be recorded in the protocol of the corresponding action. We conclude on the need for additional procedural regulation of this issue. Keywords: evidence, sources of evidence, explanations of persons, fixation, a criminal offense.

ANALISIS YURIDIS TINDAK PIDANA PENGGELAPAN YANG TIMBUL DARI HUBUNGAN SEWA MENYEWA MOBIL DIKAITKAN DENGAN PASAL 372 KUHP

2016 ◽  
Vol 2 (2) ◽  
pp. 201-216
Author(s):  
Hurip Agustina ◽  
Dadang Suprijatna ◽  
Aal Lukmanul Hakim
Keyword(s):  
Rule Of Law ◽  
Criminal Responsibility ◽  
Bottom Layer ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
The Public ◽  
Criminal Offenses ◽  
Car Rental

Crime embezzlement car rentals are lately often devastating car rental owner. This is an issue where the meaning of a rule of law if the crime committed community can not be followed by the rule of law, such as crimes by way of evasion is one of the types of crimes against human wealth which is stated in Article 372 of the Criminal Code, which is a crime that does not exist inexhaustible, both from the bottom layer to the top layer of society can also be committing a criminal act embezzlement is a crime that originated from the existence of a trust in others, and that trust is lost because of the lack of an honesty. It is stated that the crime of embezzlement have a problem that is closely linked to attitudes, moral, mental, honesty and trust humans as individuals. The purpose of this study are as follows: 1) To determine and analyze the occurrence of the crime of embezzlement car rental. 2) To know and analyze the application of Article 372 of the Criminal Code the crime of embezzlement in the rental car. 3) To know and analyze the efforts of the police in preventing crime of embezzlement car lease. This study uses normative juridical approach that is used to make the description clear, systematic, transparent and precise about the facts / specific nature of the area and population which is then analyzed to obtain the desired facts. Criminal offense embezzlement rental car can be imprisoned if they meet the overall elements of the offenses charged by the public prosecutor and the offender accountable for his actions. If the offender does not meet one of the elements of which the accused, then it can not be convicted. The elements of criminal responsibility are: 1) committing illegal or criminal acts; 2) for the criminal should be able to be responsible; 3) to have a fault; 4) absence of an excuse. The conclusion from this study is the adoption of Article 372 of the Criminal Code in criminal offenses of embezzlement car rental where the incidence of criminal acts committed tenants for the rented goods belonging to the owner of the rental rights because of misuse or abuse of trust in which the crime of embezzlement are set in the provisions of Article 372 of the Criminal Code.

scholarly journals PELATIHAN PEMBUATAN VIRGIN COCONUT OIL (VCO) BAGI SISWA SISWI SMK DAN SMA MUTIARA 17 AGUSTUS

2019 ◽  
Vol 8 (1) ◽  
Author(s):  
Rizky Arcinthya Rachmania ◽  
Elly Wardani
Keyword(s):  
High School Students ◽  
Community Service ◽  
Coconut Oil ◽  
Virgin Coconut Oil ◽  
Economic Activities ◽  
School Students ◽  
The Family ◽  
Local Students ◽  
The Right ◽  
Marketing Implementation

<p>Adolescence is prone to deviations and impropriety should be grown a sense of creativity. Creativity of students to be skilled in making VCO so that will grow entrepreneurship spirit for students. Skills in the way of making VCO is expected to increase students' creativity and applied in economic activities to increase student income. The solution offered from the problems that have been mentioned above, then training the manufacture of Virgin Coconut Oil (VCO) is very necessary. Program activities offered in the form of socialization or introduction of VCO products produced both from the benefits and advantages they have compared with other similar products, and there is also a demonstration later in the making of VCO and explanation of how the right and proper marketing. Implementation of community service is specifically a promotive effort in the field of business development to create skilled and productive student students in producing a health product that can later be utilized both for themselves, the family and the surrounding community. Community service activities, also relevant to economics and business, where the product will be marketed so that this can be an income or additional income for local students. The participants' response to this counseling is quite high, indicated by the attendance rate of 80% of the number of invitations. Understanding high school students and SMK Mutiara to the benefits and content of VCO and how to manufacture the correct VCO using this simple and cheap enzymatic method was responded with great enthusiasm by the participants.</p>

scholarly journals EXCLUSION OF ILLEGALITY OF OFFENSIVE SPEECH GIVEN IN DEFENCE OF A RIGHT OR PROTECTION OF JUSTIFIED INTERESTS

2020 ◽  
pp. 093
Author(s):  
Danilo Kostić
Keyword(s):  
Criminal Code ◽  
Specific Reference ◽  
Scientific Article ◽  
Criminal Offense ◽  
Positive Law ◽  
National Courts ◽  
The Republic ◽  
Basic Features ◽  
Criminal Legislation ◽  
Offensive Speech

This scientific article analyzes the basic features and elements of the criminal offense of insult from the theoretical and normative aspect, with specific reference to the analysis of the conditions necessary for the application of the special legal ground for excluding illegality of offensive speech, stipulated in Article 170 (4) of the Criminal Code of the Republic of Serbia. Relying on the critical analysis of national criminal legislation and a brief review of national courts’ practice, the author points out to the contradiction of adopted legal standpoints when interpreting the disputed provisions, and emphasizes the importance of ensuring uniform and consistent court practice in this field. Proper and complete consideration of the criminal offense of insult, and especially the ground for excluding the illegality of the taken actions, stipulated in the provisions of Article 170 (4) of the Serbian Criminal Code, calls for precise interpretation of these provisions. Inadequate conduct of judicial bodies entails the possibility of convicting the perpetrator of the criminal offense of insult, even if the requisite conditions prescribed in the positive law have not been satisfied.

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