scholarly journals TANGGUNG JAWAB PELAKU USAHA TERHADAP PENAYANGAN IKLAN NIAGA YANG MENYESATKAN KONSUMEN

2021 ◽  
Vol 12 (2) ◽  
pp. 1-21
Author(s):  
Sudjana - Sudjana
Keyword(s):  
Criminal Liability ◽  
Strict Liability ◽  
Company Law ◽  
Advertising Agencies ◽  
Professional Liability ◽  
Vicarious Liability ◽  
Article 9 ◽  
Deceptive Advertising ◽  
Rule Out

This study aims to determine the qualifications of misleading commercial advertisements and the responsibilities of business actors including advertisers, advertising agencies and advertising media in connection with the delivery of misleading commercial advertisements. The results showed that the provisions of Article 9 of the UUPK were included false advertising classification, fraudulent advertising types, and deceptive criteria. The provisions of Article 10 and Article 12 of the Company Law are classified as false advertising, fraudulent advertising, straight forwardlie advertising, and misleading advertising criteria. The provisions of Article 13 of the Company Law include the classification of bait and switch advertising, fraudulent advertising, straight forwardlie advertising, and misleading advertising criteria. Article 17 paragraph (1) UUPK includes the classification of false advertising, types of fraudulent advertising, and criteria for misleading and deceptive advertising. The principle of accountability of business actors according to Article 20 of the Company Law is strict liability and vicarious liability. Meanwhile, in relation to Article 9 UUPK, the forms of responsibility are product and contractual liability (Articles 10, 11, 12, 13 and 17 of the UUPK), or professional liability for advertising agencies and advertising media or both and it does not rule out the possibility of business actors being subject to sanctions. based on the principle of the presumption of liability principle and the form of responsibility for criminal liability

8. Corporate and vicarious liability

2021 ◽  
pp. 259-291
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Criminal Liability ◽  
Strict Liability ◽  
Legal Personality ◽  
Vicarious Liability ◽  
The People ◽  
Legal Identity ◽  
The Individual ◽  
Corporate Liability ◽  
Personal Liability

This chapter focuses on the potential criminal liability of organizations, particularly corporations. Corporations have a separate legal identity and are treated in law as having a legal personality distinct from the people who make up the corporation. Therefore, in theory at least, criminal liability may be imposed on the corporation separately from any liability imposed on the individual members. There are currently six ways in which a corporation or its directors may be prosecuted: personal liability of corporate directors, etc; strict liability offences; statutory offences imposing duties on corporations; vicarious liability; the identification doctrine; and statutory liability of corporate officers. The chapter also discusses the limits of corporate liability, the distinction between vicarious liability and personal duty, the application of vicarious liability, the delegation principle and the ‘attributed act’ principle. The chapter examines the failure to prevent offences found in the Bribery Act 2010 and the Criminal Finances Act 2017.

4. Strict, vicarious, and corporate liability

2020 ◽  
pp. 84-98
Author(s):  
Nicola Monaghan
Keyword(s):  
Criminal Liability ◽  
Strict Liability ◽  
Mens Rea ◽  
Legal Knowledge ◽  
Criminal Offence ◽  
Vicarious Liability ◽  
Key Points ◽  
Corporate Liability ◽  
A Company

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the three special forms of criminal liability: strict liability (including absolute liability), vicarious liability, and corporate liability. A strict liability offence is an offence which does not require proof of at least one mens rea element. An absolute liability offence does not require proof of any mens rea elements. Vicarious liability imposes liability on the defendant for the acts or omissions of another person. Corporate liability relates to the liability of a company for a criminal offence.

8. Corporate and vicarious liability

2018 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Criminal Liability ◽  
Strict Liability ◽  
Legal Personality ◽  
Vicarious Liability ◽  
The People ◽  
Legal Identity ◽  
The Individual ◽  
Corporate Liability ◽  
Personal Liability

This chapter focuses on the potential criminal liability of organizations, particularly corporations. Corporations have a separate legal identity, and are treated in law as having a legal personality distinct from the people who make up the corporation. Therefore, in theory at least, criminal liability may be imposed on the corporation separately from any liability imposed on the individual members. There are currently six ways in which a corporation or its directors may be prosecuted: personal liability of corporate directors, etc.; strict liability offences; statutory offences imposing duties on corporations; vicarious liability; the identification doctrine; and statutory liability of corporate officers. The chapter also discusses the limits of corporate liability, the distinction between vicarious liability and personal duty, the application of vicarious liability, the delegation principle, and the ‘attributed act’ principle. The chapter examines the failure to prevent offences found in the Bribery Act 2010 and the Criminal Finances Act 2017.

4. Strict, vicarious, and corporate liability

2018 ◽  
Author(s):  
Nicola Monaghan
Keyword(s):  
Criminal Liability ◽  
Strict Liability ◽  
Mens Rea ◽  
Legal Knowledge ◽  
Criminal Offence ◽  
Vicarious Liability ◽  
Key Points ◽  
Corporate Liability ◽  
A Company

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the three special forms of criminal liability: strict liability (including absolute liability), vicarious liability, and corporate liability. A strict liability offence is an offence which does not require proof of at least one mens rea element. An absolute liability offence does not require proof of any mens rea elements. Vicarious liability imposes liability on the defendant for the acts or omissions of another person. Corporate liability relates to the liability of a company for a criminal offence.

Corporate Criminal Responsibility: A Comparative Analysis

2013 ◽  
Vol 57 (1) ◽  
pp. 81-107
Author(s):  
Anthony O Nwafor
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Strict Liability ◽  
Vicarious Liability ◽  
The Usa ◽  
Mental Element ◽  
The Uk ◽  
Criminal Conduct ◽  
Corporate Criminal Liability ◽  
A Company

AbstractThis article focuses on the extent of a company's responsibility for the criminal conduct of its employees. It considers the initial reluctance of common law courts to hold corporations criminally responsible for offences requiring mens rea, a mental element not found in artificial persons. The courts overcame this initial difficulty with recourse to the identification doctrine, which seeks to attribute to a company the fault of certain of its officers. However, the restrictiveness and inconsistencies embodied in the various judicial statements of that doctrine precipitated recourse in some jurisdictions to civil law concepts, such as respondeat superior, vicarious liability and even strict liability, to found corporate criminal responsibility. The need to streamline the scope of, if not enhance, corporate criminal liability, has engendered statutory reforms in some jurisdictions. The article considers reforms in Australia, the UK, Canada and the USA, in comparison with the situation in South Africa and Lesotho.

Objective and parametric methods used in functional classification disabled swimmers

Physiotherapy ◽  
2013 ◽  
Vol 21 (3) ◽  
Author(s):  
Natalia Uścinowicz ◽  
Wojciech Seidel ◽  
Paweł Zostawa ◽  
Sebastian Klich
Keyword(s):  
Medical Diagnosis ◽  
Olympic Games ◽  
Objective Evaluation ◽  
Subjective Assessment ◽  
Fair Play ◽  
Functional Classification ◽  
Kinematic Parameters ◽  
Athletes With Disabilities ◽  
Rule Out

AbstractThe recent Olympic Games in London incited much interest in the competition of disabled athletes. Various people connected with swimming, including coaches and athletes, have speculated about the fairness of competitions of disabled athletes. A constant problem are the subjective methods of classification in disabled sport. Originally, athletes with disabilities were classified according to medical diagnosis. Due to the injustice which still affects the competitors, functional classification was created shortly after. In the present review, the authors show the anomalies in the structure of the classification. The presented discovery led to the suggestion to introduce objective methods, thanks to which it would be no longer necessary to rely on the subjective assessment of the classifier. According to the authors, while using objective methods does not completely rule out the possibility of fraud by disabled athletes in the classification process, it would certainly reduce their incidence. Some of the objective methods useful for the classification of disabled athletes are: posturography, evaluation of the muscle parameters, electrogoniometric assessment, surface electromyography, and analysis of kinematic parameters. These methods have provide objective evaluation in the diagnostic sense but only if they are used in tandem. The authors demonstrate the undeniable benefits of using objective methods. Unfortunately, there are not only advantages of such solution, there also several drawbacks to be found. The conclusion of the article is the statement by the authors that it is right to use objective methods which allow to further the most important rule in sport: fair-play.

scholarly journals Applying the Precautionary Principle to Private Persons : Should it Affect Civil and Criminal Liability?

2005 ◽  
Vol 43 (1) ◽  
pp. 63-78 ◽  
Author(s):  
Bruce Pardy
Keyword(s):  
Precautionary Principle ◽  
Environmental Law ◽  
Criminal Liability ◽  
Strict Liability ◽  
Criminal Punishment ◽  
International Environmental Law ◽  
The Precautionary Principle ◽  
The Past ◽  
Precautionary Action ◽  
Domestic Law

The precautionary principle, developed in international environmental law, is a prospective concept. It can be used to decide what should be allowed to occur in the future. The question addressed in this article is whether, in domestic law, the precautionary principle should be applied retrospectively. Should precautionary behaviour be used as a standard to apply to the past actions of private persons, so as to judge whether those persons have acted legally ? In the civil realm, the answer is « yes ». Applying the precautionary principle in civil cases removes foreseeability requirements, and transforms liability based on fault into strict liability. In the criminal sphere, retrospective application of the precautionary principle is not appropriate. To require precautionary action on the part of an accused in an environmental prosecution transforms strict liability into absolute liability, and creates the potential for criminal punishment in the absence of culpability.

scholarly journals CONCERNING THE COMPLIANCE OF THE LEGISLATION OF UKRAINE ON CRIMINAL LIABILITY IN THE SPHERE OF ILLEGAL DRUG TRAFFICKING WITH INTERNATIONAL REGULATORY LEGAL ACTS

2020 ◽  
Vol 73 (4) ◽  
pp. 95-102
Author(s):  
Andriy Danylevskyi ◽  
◽  
Yuliya Danylevska ◽  
Keyword(s):  
Drug Trafficking ◽  
Criminal Liability ◽  
Illegal Drug ◽  
National Legislation ◽  
The Public ◽  
Psychotropic Substances ◽  
Legal Obligations ◽  
The World ◽  
Criminal Legislation

The public danger of illegal drug trafficking, drug addiction and related phenomena is obvious; therefore the world community is making significant efforts to counter these phenomena, because only through joint efforts it is possible to ensure an effective counteraction to drug trafficking. For this purpose, states adopt a significant number of international normative legal acts. The issues of countering the illegal drug trafficking, psychotropic substances, their analogues and precursors are considered both within the framework of general documents on combating crime, and in special acts. Taking into account the European integration course of Ukraine, the expansion of international cooperation in the sphere of combating the illegal drug trafficking drugs, psychotropic substances, their analogues and precursors, the following issues should be marked as ones of great importance: observance by Ukraine of its international legal obligations; integration into the world system of counteracting drug trafficking; bringing national legislation in line with the provisions of international regulatory legal acts. This article is devoted to the outlined questions. In particular, the provisions of the national legislation in the sphere of illegal drug trafficking, psychotropic substances, their analogues and precursors are analyzed, and the compliance of domestic norms with international regulatory legal acts in the sphere of combating illegal drug trafficking is concluded. The classification of international regulatory legal acts in the sphere of illegal drug trafficking in dependence to the authority that issued them is given. On the basis of the conducted analysis, the author suggests ways to further improvement of the domestic criminal legislation in the sphere of combating drug trafficking. In particular, it is proposed to criminalize the sowing and cultivation of any kind of narcotic drugs, as well as to partially revise the punishment for certain drug crimes.

scholarly journals Theft as damage and unlawful exemption —doctrinal and enforcement problems

2021 ◽  
Vol 7 (3) ◽  
pp. 72-82
Author(s):  
Vadim V. Khilyuta
Keyword(s):  
Civil Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
The Supreme Court ◽  
Illegal Acts ◽  
Characteristic Features ◽  
Objective Side ◽  
Criminal Legislation ◽  
Economic Crimes

Criminal law institutions and basic concepts are being reformatted. This work focuses on the objective signs of theft and the mode of activity - the seizure of someone elses property. The existing law enforcement practice and the current recommendations of the Plenum of the Supreme Court of the Russian Federation on the qualification of thefts are critically perceived. The article focuses on provisions of the general theory of criminal law on the classification of theft. This study aims to substantiate the need for correlation of objective signs of theft in relation to the expansion of the boundaries of the object of theft and the method of activity. During the study, traditional methods of the sociolegal and formal-dogmatic analysis were used: documentary, comparative-legal, analytical, systemic, and logical. On the basis of the results of the study, adjustments were made to understand the objective side of theft and expand the boundaries of the method of action. The seizure of other peoples property cannot characterize the mechanism of embezzlement and reflect all aspects of qualification. The prospect of identifying theft with the extraction (receipt) of property benefits carries the risk of erasing the boundaries between embezzlement and other economic crimes. The author proposes models for the development of criminal legislation to establish criminal liability for crimes against property (property crimes). To modify the object of theft, its purpose, and mode of activity, the author proposes to identify a new group of crimes (crimes against the circulation of objects of civil rights) that would cover illegal acts against property and compulsory relations. Further scientific study requires a detailed separation of embezzlement (as attacks on bodily goods), crimes against the circulation of civil rights (as attacks on non-bodily goods), and crimes in economic activity (as attacks on the procedure for performing operations in the economy), summarizing their characteristic features and designing new formulations of crimes in the property sphere.

scholarly journals The Concept of Malware as a Means of Committing Computer Crimes: Classification and Methods of Illegal Use

2020 ◽  
Vol 14 (5) ◽  
pp. 699-709
Author(s):  
Elena Rossinskaya ◽  
Igor Ryadovskiy
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Unauthorized Access ◽  
General Classification ◽  
Dominant Feature ◽  
Cryptographic Algorithms ◽  
Autonomous Functioning ◽  
Theory Of Information ◽  
Computer Crimes

The authors analyze problems connected with malware from the standpoint of the doctrine of the methods of computer crimes/offenses as one of the components of the theory of information-computer support of criminalistic work. Most methods of computer crimes are based on the unauthorized access to computer facilities and systems gained through malware that, in fact, acts as a weapon of crime. The authors present a classification of malware based on different parameters: from the standpoint of criminal law and criminology; the standpoint of information technology; the standpoint of the doctrine of computer crimes/offenses. Various grounds for the classification of malware are examined. A general classification, widely used by the developers of antiviral software, includes virus-programs, worm-programs and trojan-programs. In the modern situation of massive digitization, it is not practical to regard masquerading as a legitimate file as a dominant feature of trojan software. On the contrary, criminals try hard to hide from the user the downloading, installation and activity of malware that cannot self-propagate. The key method of propagating trojan programs is sending mass emails with attachments masquerading as useful content. The classification of malware by the way and method of propagation - viruses, worms and trojan programs - is only currently used due to traditions and does not reflect the essence of the process. A different classification of malware into autonomous, semi-autonomous and non-autonomous programs is based on the possibility of their autonomous functioning. At present there is practically no malware whose functions include only one specific type of actions, most of it contains a combination of various types of actions implemented through module architecture, which offers criminals wide opportunities for manipulating information. The key mechanisms of malwares work are described and illustrated through examples. Special attention is paid to harmful encryption software working through stable cryptographic algorithms - ransomware, when criminals demand ransom for restoring data. There is no criminal liability for such theft. The authors outline the problems connected with the possibility of the appearance of new malware that would affect cloud resources.

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