scholarly journals Combatting Racist Speech: The Canadian Experience

1994 ◽  
pp. 623 ◽  
Author(s):  
Bruce P. Elman
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Criminal Code ◽  
Alternative Methods ◽  
Criminal Proceedings ◽  
Historical Revisionism ◽  
Criminal Sanctions ◽  
Canadian Experience ◽  
Aryan Nations ◽  
Criminal Legislation

This article traces a decade of Canadian jurisprudence on hate speech and Holocaust denial historical revisionism. It first compares the cases of Keegstra and Zundel and examines the constitutionality and efficacy of Criminal Code sections 319(2) and 181 as invoked in each case respectively. The article then examines alternative methods to the imposition of criminal sanctions for addressing the problem of hate propaganda. The cases of Malcolm Ross, John Ross Taylor and the Aryan Nations are reviewed in order to evaluate the use of human rights legislation to combat hate speech. The author concludes that while it is important for Canada to maintain criminal legislation, human rights legislation has some considerable advantages over criminal sanctions. Human rights hearings are less expensive, less time-consuming, and less complicated than criminal proceedings. Further to this, the standard of proof is the civil standard of balance of probabilities, and intent to harm need not be proven as in a criminal trial. Finally, the author gives a reminder of the value of education as an effective method of both minimizing the credibility of the hate-monger's message, and decreasing the susceptibility of the public to such messages.

scholarly journals KEBERLAKUAN HUKUM PENODAAN AGAMA DI INDONESIA ANTARA TERTIB HUKUM DAN TANTANGAN HAK ASASI MANUSIA

2020 ◽  
Vol 20 (1) ◽  
pp. 71
Author(s):  
Heru Susetyo ◽  
Farida Prihatini ◽  
Abdurakhman Abdurakhman ◽  
Nurindah Hilimi ◽  
Intan Mahabah ◽  
...  
Keyword(s):  
Human Rights ◽  
Religious Identity ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Criminal Code ◽  
The State ◽  
International Human Rights ◽  
Criminal Sanctions ◽  
International Human ◽  
The Government

<p><em>Indonesia with its five pillars of Pancasila binds the State and its citizens to "Believe in Almighty" where the religious identity is the spirit of the State that must be respected. This is proven by the existence of Law No. 1/PNPS/1965 concerning the Prevention of Blasphemy that prohibits blasphemy, atheism, or any belief other than the religious identity recognized by the government and law. Article 156 (a) of the criminal code, known as the Criminal Code, also punishes "the dissemination of information aimed at inciting religious hatred or hostility" for five years in prison. In addition, the Information and Electronic Transaction Law (ITE) Law No. 11 of 2008, regulating criminal sanctions for libel, hate speech, and insulting certain religions/beliefs through electronic devices. On the other hand, the 1945 Constitution, as well as the Human Rights Act of 1999 and Law No. 12/2005 concerning Ratification of the ICCPR guarantees freedom of expression, religion, and belief. Criticism of religion is quite limited and support for atheism is definitely still banned in Indonesia. Therefore, this article yearns to explore the dynamics of law enforcement and defamation in Indonesia in national and international human rights regimes. Then, does the law on blasphemy have a legal basis in the Indonesian legal system, national and international human rights regimes, and the surrounding social values? This study compares the application of religious blasphemy laws in several regions in Indonesia and in several Southeast Asian countries.</em></p>

scholarly journals Human Rights in the Criminal Code? A Critique of the Curious Implementation of the EU and Council of Europe Instruments on Combating and Preventing Terrorism in Belgian Criminal Legislation

2014 ◽  
Vol 22 (1) ◽  
pp. 33-57
Author(s):  
Steven Dewulf
Keyword(s):  
European Union ◽  
Human Rights ◽  
Criminal Code ◽  
The European Union ◽  
Council Of Europe ◽  
Criminal Legislation ◽  
International Instruments ◽  
The Eu

Different international instruments on the prevention and suppression of terrorism from the European Union and the Council of Europe task States with adopting new terrorist offences. At the same time, several provisions in these international instruments remind States of their obligation to fully adhere to their human rights obligations when implementing, interpreting and applying these new offences. Following these provisions, Belgium decided to insert a rather curious human rights clause in its Criminal Code. This article will critically examine this peculiar clause and the decision(s) made by the Belgian legislator. The key question is whether or not States should indeed also implement such human rights provisions in their criminal legislation, and if so, in what way they should best proceed. It will be argued that inserting such a specific human rights clause for one particular offence in a domestic criminal code might not only be superfluous, but could even have unforeseen, unwanted and hazardous effects.

Limitations of Fundamental Human Rights and Freedoms in International Law and Novations in the Russian Criminal Legislation

10.12737/1209 ◽  
2013 ◽  
Vol 1 (11) ◽  
pp. 75-84
Author(s):  
Юрий Ромашев ◽  
YUriy Romashyev
Keyword(s):  
Human Rights ◽  
National Security ◽  
International Law ◽  
Criminal Code ◽  
Public Order ◽  
European Court ◽  
State Secret ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
State Secrets

The author analyses new amendments related to state secrets protection: amendments to Article 275 ‘High Treason’, Article 276 ‘Espionage’, Article 283 ‘Disclosure of a State Secret’, and adopted Article 283.1 ‘Illegal Receipt of Information Constituting a State Secret’ of the Criminal Code of the Russian Federation in respect to their conformity with acceptable restrictions of fundamental human rights and freedoms. Special attention is paid to theoretical and action-oriented aspects of restrictions of fundamental human rights and freedoms. The author investigates relevant provisions of international documents, practice of the European Court of Human Rights, doctrines of leading experts in this sphere. The author notes that the criteria for restricting fundamental human rights and freedoms should be established entirely under the law and be indispensable and applicable in a democratic society, be aimed at the protection of national security and public order. The author draws the conclusion on the urgent character and timeliness of introducing the abovementioned novations into the Russian criminal legislation, and their conformity with generally recognized principles and rules of international law.

scholarly journals DOŽIVOTNI ZATVOR I USLOVNI OTPUST U KRIVIČNOM PRAVU SRBIJE: NEKA PITANJA I DILEME

2021 ◽  
Vol 59 (1) ◽  
pp. 69-92
Author(s):  
Emir Ćorović
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Code ◽  
Academic Community ◽  
European Convention ◽  
Life Imprisonment ◽  
Sexual Freedom ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Criminal Legislation

Life imprisonment was introduced to Serbian Criminal legislation with the amendments of Criminal Code from 2019. These amendments replaced the former penalty of imprisonment from 30 to 40 years. Special attention was drawn by the fact that the new legislation allows the possibility of life imprisonment without the possibility of parole for committing certain crimes. This legal solution is considered not to be in accordance with the Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Still, the prohibition of parole was introduced to Serbian criminal law in 2013, with the adoption of the Law on the special measures for the prevention of crimes against sexual freedom towards minors. However, at that time the academic community did not give the attention it deserved to the justification of this prohibition, which by itself generates many concerns. That is why, when discussing the problematics of life imprisonment and parole, and its prohibition, one has to bear in mind the previously structured legal frame, as well as the concerns that such a prohibition creates, regardless of whether it not it relates to life imprisonment or timely limited imprisonment.

scholarly journals Sentencing and enforcement of the prison sentence served in the premises where the convicted person resides: The so-called house arrest

2020 ◽  
Vol 54 (3) ◽  
pp. 999-1022
Author(s):  
Dragiša Drakić ◽  
Ivan Milić
Keyword(s):  
Criminal Code ◽  
Criminal Sanction ◽  
Prison Sentence ◽  
Criminal Proceedings ◽  
House Arrest ◽  
Criminal Sanctions ◽  
Penal Institution ◽  
Long Time ◽  
Legal Position ◽  
The Republic

The rule that convicted persons serve their sentences exclusively in prisons has not been valid in the Republic of Serbia for a long time. Prison sentences may also be executed in the premises where the convicted person resides. Such a solution is introduced by the 2009 Law on Amendments and Supplements to the Criminal Code. The Criminal Code does not prescribe the punishment of a prison sentence served in the premises where the convicted person resides as a special punishment. Instead, the offender is sentenced to imprisonment, which is then executed in the premises where he lives. In criminal proceedings, the court is obliged to individualize the criminal sanction in a way that takes into account objective and subjective circumstances - the circumstances relating to the committed crime and its perpetrator. There are such perpetrators who it is necessary to sentence to prison, but who should not be sent to a penal institution. The prison sentence may also be served in premises where they reside (with or without electronic surveillance). Although, in a legally-binding sentence, the accused is sentenced to imprisonment in a penal institution, this does not necessarily mean that he will be placed into a penal institution to serve his sentence. The amendments and supplements of the Criminal Code leave an "opportunity" for the convict to serve his sentence in the premises where he resides, if the prescribed conditions are met. This is only a possibility which may be decided on by the judge in charge of executing criminal sanctions. If it is decided that the convicted person shall serve his sentence in the premises where he resides, the next step is the execution of the sentence. Not all convicted persons who are serving their sentence in this way are in the same legal position, as there is individualization in the process of executing a sentence as well. This difference is apparent, above all, in the amount of time that a convict is allowed to spend outside of the premises in which he resides. The focus of the authors' attention is precisely the punishment of imprisonment served in the premises where the convict resides (the so-called house arrest). The authors deal with material aspects and aspects of execution of the sentence. This paper focuses, among other matters, on the conditions for sentencing, models of execution of the sentence and the legal position of the convicted person while serving his sentence.

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.

Does the Unborn Child Have a Right to Life? The Insufficient Answer of the European Court of Human Rights in the Judgment Vo v. France

2006 ◽  
Vol 7 (4) ◽  
pp. 433-444 ◽  
Author(s):  
Jakob Pichon
Keyword(s):  
Human Rights ◽  
Pregnant Woman ◽  
Criminal Code ◽  
European Convention ◽  
Unborn Child ◽  
Criminal Proceedings ◽  
Right To Life ◽  
European Court ◽  
French Court ◽  
The Right

In the July 8, 2004 case of Vo v. France, the European Court of Human Rights (“ECtHR”) dealt with the question of whether the embryo/fetus (“the fetus”) enjoys the protection of the right to life provided by Article 2 of the European Convention on Human Rights (“the Convention”). Below, a pregnant woman lost her fetus due to an error made by the attending doctor, and the Cour de Cassation, the French court of last instance, acquitted the doctor of involuntary homicide on the grounds that a fetus is not a person within the meaning of the French Criminal Code. Claiming a violation of her child's right to life within the meaning of the Convention, the woman appealed to the ECtHR. The ECtHR left open the question whether or not a fetus falls within the scope of Article 2; declaring that, even assuming Article 2 was applicable to a fetus, there had been no failure by France to comply with its obligations under Article 2, because the ECtHR deemed the institution of criminal proceedings unnecessary. Rather, it considered the possibility for the applicant to bring an action for damages as sufficient and therefore found that there had been no violation of the fetus's right to life.

THEORETICAL AND PRACTICAL ASPECTS OF APPLYING THE PRINCIPLE OF NON BIS IN IDEM IN CRIMINAL PROCEEDINGS RIGHT UKRAINE

2018 ◽  
Author(s):  
Petro Olishchuk ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Judicial Decisions ◽  
European Court

The article analyzes the principle of non bis in idem in the context of the criminal legislation of Ukraine, as well as the identification of cases of violations of this principle by law enforcement bodies during the qualification of criminal offences and during the issue of judicial decisions. It is noted that criminal law is a branch of law that is connected with the establishment of a ban on committing a certain act under the threat of the application by the state of measures of coercion of a criminal nature. The establishment of such a ban and the determination of measures of criminal-legal coercion, as a consequence, for its violation, is potentially related to the restriction of human rights. Obviously, the restriction of these rights cannot be arbitrary and chaotic, but must be subject to certain rules, ideas, which reflect the general development of society. These include the principles of criminal law, in particular the principle of criminal law, enshrined in art. Article 61 of the Constitution of Ukraine states: “No one can be brought to legal responsibility twice for the same type of offence”. According to Article 2 of the Criminal Code of Ukraine, “no one may be brought to criminal responsibility for the same criminal offence more than once”. The article highlights the characteristic features of the investigated principle. It is stated that its role is extremely important for the internal construction of the field of law, as well as the correct normalisation and law enforcement. There are cases of violations of this principle by law enforcement bodies during the qualification of criminal offences and during the issue of judicial decisions, on examples of the practice of the European Court of Human Rights and Ukrainian judicial proceedings. The European Court of Human Rights’s case-law on the application of Article 4 of the Convention is inconsistent and, in some cases, even contradictory. The principle of non bis in idem in the resolution of the question of the inadmissibility of double incrimination ensures the observance of the rights of the person during the implementation of criminal prosecution, as well as ensures the completeness of criminal legal qualification, the individualization of criminal responsibility and punishment.

scholarly journals On issue of criminal liability for violations of intellectual property rights

2020 ◽  
pp. 101-104
Author(s):  
M.S. Utkina
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
International Standards ◽  
Criminal Proceedings ◽  
Industrial Property ◽  
Criminal Legislation

The issues of criminal liability for violations of intellectual property rights in Ukraine as well as examples of foreign countries (Federal Republic of Germany, French Republic, United States of America, Swiss Confederation) were analyzed. The author has identified major international instruments that set out basic international standards for the protection of intellectual property rights. It has been determined that Article 61, Section 5, of the Agreement on Trade-Related Aspects of Intellectual Property Rights, or the TRIPS Agreement, lays down provisions on criminal proceedings. The author analyzed the provisions of the current criminal legislation of Ukraine, according to which the occurrence of criminal liability is possible in case of violation of property rights of owners, without taking into account personal non-property rights. The article also states that, in accordance with the provisions of the articles of the Criminal Code of Ukraine, a peculiarity of domestic criminal legislation on infringement of intellectual property rights is that this type of liability can occur only if the owner of the rights of property damage in a large, large or especially large size. With regard to the Institute of Industrial Property, the Criminal Code of Ukraine provides for liability for the unlawful use of an invention, utility model, industrial design or variety of plants, if the material damage was done, as previously stated, in a significant, large or particularly large sizes. The author has determined that the urgency of the solution requires the issue of extending legal protection to new and emerging technologies. As with this, the nature of the violations and the process itself change. Against this background, there is a serious challenge to the intellectual property system. In turn, the process of protection and protection of intellectual property may be enhanced by having an adequate and effective system of state mechanism for preventing and ending offenses. It can also be achieved by simplifying the process of proving infringement in the field of intellectual property, and thus the procedure for bringing the perpetrator to justice.

scholarly journals USLOVNI OTPUST KOD KAZNE DOŽIVOTNOG ZATVORA – KRITIČKO PREISPITIVANJE NOVIH NORMATIVNIH REŠENJA U SRPSKOM KRIVIČNOM ZAKONODAVSTVU –

2021 ◽  
Vol 59 (1) ◽  
pp. 145-158
Author(s):  
Zdravko Grujić
Keyword(s):  
Criminal Policy ◽  
Criminal Code ◽  
Point Of View ◽  
Life Imprisonment ◽  
Conditional Release ◽  
Social Reintegration ◽  
Human Rights Protection ◽  
Criminal Sanctions ◽  
Rights Protection ◽  
Criminal Legislation

The amendments and supplements of the Criminal Code of 2019 introduced into Serbian criminal legislation a life imprisonment as the most severe sentence in the criminal sanctions system. These novelties confirm the continuity of a multi-year process of (inconsistent) changes in criminal legislation that tightens the legislature’s criminal policy, broadens the limits of criminal repression, supplements the purpose of punishment, narrows the possibility of mitigating the punishment, in other words, continues to expand the retributive concept of punishing. The introduction of the life imprisonment required the amendments of several other provisions of the Criminal Code, including those relating to the purpose of punishment, impossibility of conditional release of persons sentenced to this life imprisonment, as well as the duration limit on conditional release. In most states where it forms part of the sentence system the possibility of (early, or) conditional release of prisoners is provided. It is indisputable that there are also rare exceptions to this rule. However, the paradigm of human rights protection, in particular the protection of the rights of persons deprived of their liberty, as well as the mechanisms for their protection (e.g. the jurisprudence of the ECHR), indicate that the possibility of conditional release of persons sentenced to life imprisonment in national legislations already represents an “established standard”. From a penological point of view, the implementation of treatment and treating of the prisoners sentenced to life imprisonment and the idea of their resocialization and social reintegration, is directly correlated with the possibility of their conditional release. Therefore, prescribing the possibility of conditional release of prisoners sentenced to life imprisonment, as visible to them “a path to release”, is a necessary prerequisite for the execution of the sentence.

Sign in / Sign up

Export Citation Format

Share Document