scholarly journals Obscenity

1969 ◽  
pp. 172
Author(s):  
Richard G. Fox
Keyword(s):  
Criminal Law ◽  
Detailed Examination ◽  
Criminal Code ◽  
Law Reform ◽  
Federal Legislation ◽  
Project Staff ◽  
The Subject ◽  
The Law ◽  
Subjective Phenomenon ◽  
Code Provisions

The project staff ofthe Prohibited and Regulated Conduct Project of the Law Reform Commission of Canada state that the uncertainty of the law of obscenity the unevenness of its interpretation and application throughout Canada, and the question of its relevanceasa constituent partofthe criminal law prompted this extensive considerationofwhether the existing law is in need of reform. In his introduction, Professor Fox elaborates on the two fundamental difficulties at the rootofthe problem: first, that obscenity is an inescapably subjective phenomenon; and second, the law's own indeterminacyofaim. He then scrutinizes the plethora of possible subjectmatterfor obscenity and its dissemination; and he proceeds to a consideration of whether the suspectmaterialis obsceneper seorvariable according to susceptibility of the audience. Six possible justifications are offered for legislative prohibitions on obscenity; eachofthese areveryclosely examined and most are found to be tenuous at best. After a rather detailed examination of the cases on the Criminal Code provisions, other Federal legislation touching on the subject of obscenity, and the necessaril11 incidental consideration of defenses and expert witnesses, Professor Fox weighs the possible alternatives to the present law. There cannot, of course, be any definitive answers.

scholarly journals RECONSTRUCTION OF PROSTITUTION LAW IN PERSPECTIVE OF RELIGIOUS NORMS AND RENEWAL OF CRIMINAL LAW

2020 ◽  
Vol 1 (2) ◽  
pp. 105-112
Author(s):  
Noor Fajari Rofiq
Keyword(s):  
Criminal Law ◽  
Sex Workers ◽  
Criminal Code ◽  
Service Users ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Legal Concepts

Cases of prostitution as the subject of commercial sex workers (Pekerja Sex Komersial) and sex service users until now are free to undergo without the threat of punishment. Until now, there has been no rule that can punish prostitutes or prostitutes and their customers .then there needs to be a legal reconstruction to achieve a responsive law then need to reform the law to achieve the law in the goal. This research aimed to know and understand the Construction of Prostitution Crimes in the Criminal Code, and The Penal Code Bill is associated with Religious Norms. And Know and understand the Construction of Formulation of Prostitution Crimes that are Ideal and in line with religious norms for Indonesian society, as for normative juridical research methods. The approach used in this writing is a statutory approach or (statute approach) and the analytical and conceptual approach analysis of legal concepts. The results show that it is necessary to explore the concept of philosophical, sociological, and juridical basic values that the state to have legal certainty in society in the Criminal War draft stage. So digging into the philosophical value of the 1st  Pancasila,  The One Godhead (Ketuhanan yang Maha Esa), the five religions apply in Indonesia, including Islam, Christianity, Catholicism, Hindu, Buddha, and Confucian has asserted that the practice of prostitution is legally prohibited.

scholarly journals On the construction of the purpose of punishment in criminal law

2019 ◽  
Vol 13 (1) ◽  
pp. 50-53
Author(s):  
S. A. Borovikov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Special Part ◽  
Clear Guideline ◽  
The Subject ◽  
The Russian Federation ◽  
The Law ◽  
The One

The subject of consideration of this paper is the study of the purposes of punishment enshrined in article 43 of the Criminal Code of the Russian Federation. Attention is drawn to the similarities and differences in the approaches used to determining the purpose of criminal punishment in the laws of different countries and historical periods, the need for a critical assessment of the existing legislative decision. In the course of a comparative analysis the conclusion is formulated that the current version of the purposes of punishment in criminal law is overly broad, which creates the illusion of its achievement and in some cases the competition of its parts among themselves. So the first of those mentioned in article 43 of the Criminal Code of the Russian Federation the purpose of restoring social justice is a quality that should be inherent in punishment. The second of the purposes stated in the law – the correction of the convict – is one of several ways to achieve it. However the very purpose of the punishment is not to correct the convict. The third of these purposes – the prevention of crimes – is most consistent with the purpose of punishment, but it is quite lengthy and requires clarification. In addition it does not contain a clear focus on a person who can or has committed a crime. According to the results of the analysis it is proposed to carry out an adjustment of the purposes of criminal punishment in the law. The purpose of punishment should be one and have a common focus. In this regard it is proposed to define as the purpose of punishment – retention persons from committing crimes. The single and understandable purpose of punishment on the one hand will be a clear guideline in constructing the type and size of both the main and additional punishments in the sanctions of the articles of the Special Part, and on the other will allow the courts to choose the punishment that most corresponds to the intended result.

scholarly journals THE OBJECTIVE SIDE OF MISUSE OF BUDGET FUNDS, IMPLEMENTATION OF BUDGET EXPENDITURES OR PROVIDING CREDITS FROM THE BUDGET WITHOUT OR EXCEEDED BUDGET PURPOSES

2021 ◽  
pp. 492-509
Author(s):  
D. Shyian ◽  
O. Shyian
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Offense ◽  
Active Behavior ◽  
The Subject ◽  
The Law ◽  
Local Budget ◽  
Objective Side

The article deals with the analysis of scientific views, theoretical provisions and legislation, examines the objective side of the misuse of budget funds, for budget expenditures or provision of credits from the budget without determined budget purposes or with its excess. It is proposed to leave part 1 of Art. 210 of the Criminal Code of Ukraine, a socially dangerous act in the form of misuse of the relevant funds as the most common in law enforcement, as well as expanding other forms, replacing them with a socially dangerous action in the form of another expenditures of the relevant budgets or funds. Since inter-budgetary transfers are de jure not included in budget expenditures, it is proposed to add to the name and disposition of Part 1 of Art. 210 of the Criminal Code of Ukraine, an indication of a socially dangerous act in the form of their implementation. As a result of the study, the authors come to the conclusion about the further actualization of the problematic of the objective side of the criminal offense provided for in Art. 210 of the Criminal Code of Ukraine. It is supported the proposal to cover the analyzed criminal law prohibition and other budget violations close in public danger to those directly named in Art. 210 of the Criminal Code of Ukraine to budget violations. It is proposed to determine the objective side of Part 1 of Art. 210 of the Criminal Code of Ukraine in the form of a socially dangerous act in the form of an action: misuse of funds, other expenditures of state or local budgets, or state or local extra-budgetary funds, or the implementation of an inter-budgetary transfer committed contrary to the law or a decision on the local budget. Considering that the analysis of the forms of committing a criminal offense under Art. 210 of the Criminal Code of Ukraine, testifies that it can be committed only in the form of active behavior of the subject of a criminal offense, it is proposed in Part 2 of Art. 210 of the Criminal Code of Ukraine to replace the instruction from an act with an action.

scholarly journals Objective and Subjective in Social Danger of Crime

2019 ◽  
pp. 51-60
Author(s):  
Lyubov Lobanova ◽  
Alexey Rozhnov
Keyword(s):  
Criminal Law ◽  
Cognitive Activity ◽  
Special Kind ◽  
Criminal Code ◽  
Point Of View ◽  
The Public ◽  
The Social ◽  
The Law ◽  
Subjective Phenomenon ◽  
Type Of Behavior

Social danger as a sign of crime was traditionally included in its definition in the Soviet criminal laws and is also mentioned in Part 1 of Article 14 of the current version of Criminal Code. However, with considerable attention to legal science, paid to the knowledge of this phenomenon, the social danger is not a fully studied phenomenon. Thus, the dialectic of the relation between the objective and the subjective in the social danger did not receive a uniform resolution. Social danger is the characteristic of human behavior, assessed by other people through their perceptions of the dangerous and useful, and it leaves its mark when applying the categories of objective and subjective. Being a subjective reality according to the source of its origin (man) and the product of human consciousness, social danger, however, exists objectively - in supra-individual forms and connections that form a society in the system. Hence the social danger is a special kind of objectively subjective phenomenon. The objectivity of public danger is also indicated by the fact that it is the subject of the cognitive activity of the legislator and can exist outside the legal field, without prohibiting the corresponding type of behavior in the law. The subjective properties are growing in social danger through the knowledge of the public danger of an act by the subjects united by the collective notion "legislator". Moreover, subjectivity increases as a result of mistakes made by the legislator,it's a kind of lawmaking "negligence". Acts reflected in criminal law are not always socially harmful from the point of view of the whole society. There are also prohibitions that protect purely class and group interests, which also expand the scope of the subjective in the analyzed phenomenon. The Law initially arose to protect people from themselves, as a condition of their reproduction. At the same time, even with the human development, this mission of the law still exists, and there is always a certain proportion of "eternal crimes" in the law, which is prohibited to commit in order to protect fundamental human values (life, health, sexual freedom and integrity, property). However, in the criminal law of any society there is a so-called "variable part", where prohibitions declare certain actions to be socially dangerous only at a certain stage of the state's historical development. The combination of "eternal" and "variable" crimes in criminal law also indicates the objectively subjective nature of the phenomenon of public danger.

scholarly journals Fraud in the Field of Entrepreneurship: Theory, Practice, Problems

2021 ◽  
Vol 2 ◽  
pp. 27-31
Author(s):  
Ekaterina N. Barkhatova ◽  
◽  
Alexander O. Mironov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Abuse Of Power ◽  
Entrepreneurship Theory ◽  
The Subject ◽  
The Russian Federation ◽  
The Law ◽  
Principles Of Justice ◽  
Commercial Organizations

The authors analyzed the provisions of Part 5–7 of the Article 159 of the Criminal Code of the Russian Federation for compliance with the criminal law principles of justice and equality before the law. The signs by which it is necessary to distinguish the considered type of fraud from civil tort and related offenses are given. Particular attention is paid to the subject of the crime in question and the victim, which can only be individual entrepreneurs and representatives of commercial organizations. Among related crimes, simple fraud (parts 1–4 of Art. 159 of the Criminal Code of the Russian Federation), fraud in the field of lending (Art. 1591) and abuse of power (Art. 201) are highlighted. It is concluded that it is necessary to establish, first of all, the subjective signs of crimes, which to a greater extent allow to distinguish the adjacent elements of the indicated crimes from each other.

scholarly journals Actions: problems of separation of forms in the aspect of improvement of the terminological apparatus of domestic criminal law

2020 ◽  
pp. 312-315
Author(s):  
Sergiy Kuzmin ◽  
Oleg Gorai ◽  
Vladyslav Melnyk
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Law Enforcement Agency ◽  
Special Part ◽  
The Subject ◽  
The Law ◽  
Correct Application ◽  
Passive Action

Problematic issues related to the need to ensure the correct application of criminal law in the aspect of changing the terminology of the scope of the offence are investigated. In qualification, identifying the scope of the offence is the first step in this process because, in practice, when a crime is detected, the law enforcement agency faced by the features of its scope. At the same time, a number of dispositions of the norms of the Special part of the Criminal Code of Ukraine envisages acting solely in one of its forms "commissions" and "omissions", which are quite evaluative in their separation. The content of these terms, although generally simplified, identical in the educational literature, is not interpreted equally by scientists in scientific works, and sometimes is uncertain. A separation of  commissions and omissions, both active and passive forms of action is possible if elementary in external manifestation of active or passive action is committed. These include the fact of a specifically conscious and desirable movement of one's body or a conscious and desirable refusal to commit such actions. The authors emphasize that the problems of separation of  commissions and omissions, as an active and passive form of high-handed, conscious, unlawful and socially dangerous behavior of the subject of the crime, were recognized by scientists in the "Soviet times". On basis of conducted analysis and with reference to the work of leading scientists, the authors propose the expediency of refusal in the domestic criminal law of the terms "commissions" and "omissions", with the simultaneous introduction to the theory of criminal law and the Criminal Code of Ukraine a term devoid of internal contradictions (act, commissions etc.), caused by the application in the dispositions of the Particular part of the law on criminal liability of the specific division of the external manifestation of the behavior of the subject of the crime.

scholarly journals Criminalization of drunk driving: problems of legislative practice

2021 ◽  
pp. 69-75
Author(s):  
K. Popov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Drunk Driving ◽  
Legal Regulation ◽  
Criminal Code ◽  
Parliamentary Committee ◽  
The Subject ◽  
Legislative Activity ◽  
External Consistency ◽  
The Law

The article highlights the Ukrainian experience of criminalization of drunk driving as a result of amendments to criminal and administrative legislation in 2018–2021. The importance of systematization and validity in making changes to administrative and criminal law is noted. Attention is drawn to the need for careful observance of the rules of legal technique in legislative activity, given that the use of administrative and criminal law is associated with the most significant restrictions on human rights and freedoms. It is noted that there are violations of the rules of legal technique, allowed in the relevant laws in terms of the provisions on criminalization and decriminalization of drunk driving: violations of the homogeneity of legal regulation (Law № 720-IX regulated an issue that was not the subject of its regulation); internal consistency (Law № 720-IX on amendments “in connection with the adoption of Law № 2617-VIII” amended the Law itself № 2617-VIII); external consistency (provisions of Law № 720-IX contradict the provisions of Article 2 of the Code of Administrative Offenses and Article 3 of the Criminal Code of Ukraine); linguistic (in paragraph 117 of the Law № 720-IX there is a morphological error); procedural (violated the requirements of Articles 90, 92 of the Regulations). Attention is drawn to the content of the conclusions and the legal significance of the explanations of the Parliamentary Committee on Law Enforcement, adopted on the criminalization of drunk driving. It is noted that the relevant committee violated the regulatory procedures and provisions of the legislation on parliamentary committees. The consequences of the relevant technical and legal violations (legislative uncertainty) are highlighted and ways to eliminate these problems are suggested.

Waffen und gefährliche Werkzeuge als Strafschärfungsgrund

2019 ◽  
Keyword(s):  
Criminal Law ◽  
Federal Court ◽  
Criminal Code ◽  
International Criminal Law ◽  
Law Reform ◽  
Historical Representation ◽  
Federal Court Of Justice ◽  
The Law ◽  
Definition Of ◽  
European Criminal Law

The 6th Criminal Law Reform Act of 1998 increased the sentences for carrying ‘dangerous implements’ in the German Criminal Code, but attempts to give a sufficiently precise definition of the concept of a ‘dangerous implement’ have failed. However, there are hardly any considerations on how to draft an ‘appropriate new version of the law’, as suggested by the Federal Court of Justice (Bundesgerichtshof). This anthology documents a research project that compares the regulatory models of nine countries and aims to amend the law appropriately. A legal and historical representation of theft using weapons supplements the reports on each country. The comparative cross section summarises and evaluates the distinct models, and considerations for reform complete the anthology. Its publisher holds the Chair of Criminal Law, in particular European Criminal Law and International Criminal Law, at the European University Viadrina in Frankfurt (Oder), and focuses on comparative criminal law in her research. With contributions by Isidoro Blanco Cordero, Andreas Eicker, Margareth Helfer, Gudrun Hochmayr, Johannes Keiler, Aleksandra Ligocka, Maciej Małolepszy, Wolfgang Schild, Kurt Schmoller, Zsolt Szomora, Stephen Thaman

ANALISIS HUKUM PIDANA DENDA PELANGGARAN LALU LINTAS DI KOTA BENGKULU (DITINJAU DARI UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN)

2019 ◽  
Vol 2 (1) ◽  
pp. 24-33
Author(s):  
Apen Diansyah
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Economic Factors ◽  
Inhibiting Factors ◽  
Library Research ◽  
The Law ◽  
The City

ABSTRAKPenelitian ini ditujukan untuk mengetahui penerapan denda terhadap pelanggar berlalu lintas di kota Bengkulu ditinjau dari Undang-undang Nomor 22 Tahun 2009, serta untuk mengetahui faktor penghambat dalam penerapan pidana denda terhadap pelanggar barlalu lintas di Kota Bengkulu. Penelitian dilaksanakan disatuan lalu lintas Polres dan Polda Kota Bengkulu. Adapun data yang didapatkan adalah data primer dan data sekunder melalui penelitian lapangan dan penelitian kepustakaan, kemudian data dianalisis dengan cara deskriptif. Peraturan yang tertera pada undang-undang yang tertera sepenuhnya untuk meningkatkan kesadaran untuk setiap pelanggar yang melakukan pelanggaran, tetapi pada kota Bengkulu undang-undang tersebut tidak sepenuhnya berjalan efektif. Menurut pandangan Undang-undang 22 Tahun 2009, penerapan pidana denda masuk dalam kategori pidana pokok (sesuai Pasal 10 KUHP) sebagai urutan terakhir atau keempat, sesudah pidana mati, pidana penjara dan pidana kurungan. Selain dari itu, faktor penghambat keefektifan Undang-undang seperti faktor ekonomi, faktor kedekatan emosional dan faktor kekebalan institusional.Kata kunci: tindak pidana; hukum pidana; dendaABSTRACTThis study aims to determine the application of violators from cities in Bengkulu in terms of Law Number 22 of 2009, and to find out the inhibiting factors in the application of fines to traffic violators in the city of Bengkulu. The research was carried out in the traffic city of the City Police of the City of Bengkulu. The data obtained are primary data and secondary data used for library research and research, then the data are analyzed descriptively. The regulations stated in the law that are fully stated to increase awareness for every offender who commits an offense, but in the city of Bengkulu the law is not fully effective. According to the view of Law 22 of 2009, the application of criminal fines falls into the main criminal category (according to Article 10 of the Criminal Code) as the last or fourth order, after the death penalty, imprisonment and imprisonment. Apart from that, factors inhibiting the effectiveness of the law such as economic factors, emotional proximity factors and institutional immune factors.Keywords: crime; criminal law; fines

Formation and development of a Special part of criminal law in the period of the X – beginning of the XX century

2021 ◽  
pp. 150
Author(s):  
Ruslan G. Aslanyan
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Institutional Structure ◽  
Historical Aspects ◽  
Literary Sources ◽  
Special Part ◽  
The Law

The article examines the historical aspects of the formation and development of a Special part of the Russian Criminal Law. The analysis is based on legal monuments of the X - beginning of the XX century and literary sources. The research is developing in three main directions: a) the ratio of the law and other forms of expression of criminal law prescriptions (here the process of transition from customs to the law as the only means of expressing criminal law norms is revealed); 2) types and system of criminal laws (here the transition from intersectoral laws to the formation of a specialized Criminal Code is shown); 3) systematization of criminal law regulations (here the issues of classification of crimes and structuring of criminal law institutions are revealed). As the main result, it is summarized that by the beginning of the XX century, the idea of creating an independent criminal law was not only implemented in the country, but also, firstly, the principle of its pandect structure was put into practice, suggesting the isolation of its Special part in the structure of the Code and, secondly, the principle of building the most Special part, based on the institutional structure of the industry and the content of goods protected by law.

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