scholarly journals The Case of “Mafia Capitale”: The Judicial Proceedings Prosecuted by the Anti-Mafia District Office of Rome against Massimo Carminati and Salvatore Buzzi

2021 ◽  
Vol 7 (4) ◽  
pp. 587-602
Author(s):  
Gaspare Jucan Sicignano
Keyword(s):  
Criminal Code ◽  
District Office ◽  
Italian Law ◽  
Judicial Proceedings ◽  
Significant Point

The “Mafia capitale” trial marked a significant point in the interpretation of the specific elements of mafia-style association valid in Italian law. This paper will examine the various stages of the trial proceedings, focusing in particular on the final ruling of the Court of Cassation. This study thus further develops the structure of the crime referred to by art. 416 bis Italian criminal code, discussing in order the externalization methods of the so-called “mafia method.” Keywords: Mafia; Rome; Italian law; Corruption.

The Crime of Identity Theft as an Aftermath of the Development of Modern Technologies – Legal and Criminological Aspects of the Phenomenon in Poland

2019 ◽  
Vol 57 (1-2) ◽  
pp. 138-171
Author(s):  
Aleksandra Stachelska
Keyword(s):  
Rapid Development ◽  
Identity Theft ◽  
Research Process ◽  
Legal Aspects ◽  
Criminal Code ◽  
District Court ◽  
Police Statistics ◽  
The World ◽  
Judicial Proceedings ◽  
Modern Technologies

AbstractThe problem of identity theft is current all over the world. Nowadays we can even observe a tendency for an increasing occurrence of this kind of behaviour. The rapid development of new communication tools and the Internet has made it easier to commit a crime of identity theft than ever before. Despite this seemingly obvious trend in the world, in Poland since 2011, when this phenomenon was criminalized, convictions for identity theft are still one of the rarest situations. Identity theft as a proportion of general identified offences in 2017, according to Police statistics, was only .30%. The paper will present selected legal aspects of identity theft from the Polish Criminal Code, as well as criminological analysis of the phenomenon in Poland. The results of research on identity theft conducted in the District Court in Białystok on court files that ended in a final court judgment covering the years 2011–2016 will also be presented. In the course of the research process, seven cases were found and examined. The analysis was enabled by using a questionnaire, which included forty-nine questions grouped into categories, i.e. characteristics of the perpetrator of the crime, characteristics of the victim, description of the committed act, as well as the course of the pre-trial and judicial proceedings. In the paper, an attempt will be made to find an answer to the question of why the dark number of identity theft crimes in Poland is still great, and this will help characterize identity theft in the area of Białystok.

scholarly journals On the issue of liability in economic judicial proceedings

2020 ◽  
pp. 47-51
Author(s):  
L.D. Rudenko
Keyword(s):  
Criminal Code ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Commercial Code ◽  
Legal Nature ◽  
Procedural Code ◽  
Judicial Proceedings ◽  
The Will ◽  
The Subject ◽  
State Coercion

The article specifies the legal nature of liability in commercial litigation, defines the ratio of measures of procedural coercion and liability in commercial litigation. Based on the analysis, a conclusion was made about the inexpediency of combining the measures of responsibility provided by the Commercial Procedural Code of Ukraine into an independent type of legal liability. The expediency of separating the category "Responsibility in commercial litigation" is argued. It is noted that the purpose of such liability is to comply with the procedural order of commercial proceedings under the threat of criminal, administrative, civil, disciplinary liability. Liability in commercial litigation includes all types of liability that are realized in connection with the implementation of such litigation: criminal, administrative, disciplinary liability of judges, lawyers, prosecutors, civil liability. Measures of such responsibility may have as their normative source not only the Commercial Procedure Code, but also the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, the Commercial Code, the Civil Code. It is noted that liability in commercial litigation is a complex legal institution. It is specified that measures of procedural coercion and liability in commercial litigation are forms of state coercion. Procedural coercion has a wider scope than liability in commercial litigation. The signs of procedural coercion in commercial litigation are specified: implementation regardless of the will of the subject to which they are applied; application by the court; implementation in connection with the implementation of legal proceedings in a particular case; ensuring the implementation of the tasks of commercial litigation; in some cases it is an unfavorable consequence of violation of the requirements of the legal norm (disposition), ie in connection with the implementation of dispositions of legal norms, in other cases it is the implementation of dispositions of legal norms that establish certain restrictions to ensure proceedings.

scholarly journals Adoption v. Surrogacy: New Perspectives on the Parental Projects of Same-Sex Couples

2021 ◽  
Vol 1 (1) ◽  
pp. 132-145
Author(s):  
Sara Tonolo
Keyword(s):  
Public Policy ◽  
Supreme Court ◽  
Criminal Code ◽  
Birth Certificates ◽  
Private International Law ◽  
Same Sex ◽  
Surrogate Motherhood ◽  
Best Interest ◽  
Same Sex Couples ◽  
Italian Law

Abstract In Italy all forms of surrogacy are forbidden, whether it be traditional or gestational, commercial or altruistic. Act n. 40 of 19/2/2004, entitled “Rules about medically-assisted reproduction”, introduces a prohibition on employing gametes from donors, and specifically incriminates not only intermediary agencies and clinics practising surrogacy, but also the intended parents and the surrogate mother too. Other penal consequences are provided by the Criminal Code about the registration of a birth certificate where parents are the intended ones, as provided by the lex loci actus (art. 567 of the Italian Criminal Code, concerning the false representation or concealment of status). Apart from the mentioned criminal problems, several aspects of private international law are involved. In the cases where national rules forbid the transcription of birth certificates for public policy reasons, specifically the prohibition of surrogacy, Italian Judges often seek solutions to enforce the status filiationis. In this case, the Italian Supreme Court intervenes in the debate, allowing the recognition of a foreign adoption order related to a procedure of surrogate motherhood in favour of a same-sex couple. Focusing on the recent evolution of the notion of international public policy the Supreme Court affirms that the inherent adoptive parental status acquired by a homogenitorial couple is not contrary to international public policy, when the effects of the act from which this status derives are not incompatible with the limits that cannot be exceeded constituted by the founding principles of the relational choices between intended parents and child (Article 2 of the Constitution, Article 8 ECHR), by the Best interest of the child as codified in the Italian Law 219/2012, by the principle of non-discrimination, by the principle of solidarity that is the basis of social parenting. Splitting the problem of the surrogacy, underlying the adoption order to recognize in this case, and narrowing the public policy exception, is highly evident the risk to suggest to same-sex couples to realize their parental projects putting in place the surrogacy within the legal systems where contemporary it is possible to carry out the adoption of the child born as a result of this procedure.

Defining the Competence of Psychologists with a View to Public Accountability *

1997 ◽  
Vol 2 (4) ◽  
pp. 293-300 ◽  
Author(s):  
Ype H. Poortinga ◽  
Ingrid Lunt
Keyword(s):  
Scientific Knowledge ◽  
Professional Training ◽  
Professional Competence ◽  
Codes Of Ethics ◽  
The Body ◽  
The European Union ◽  
Rigorous Evaluation ◽  
Judicial Proceedings ◽  
Psychological Knowledge

In national codes of ethics the practice of psychology is presented as rooted in scientific knowledge, professional skills, and experience. However, it is not self-evident that the body of scientific knowledge in psychology provides an adequate basis for current professional practice. Professional training and experience are seen as necessary for the application of psychological knowledge, but they appear insufficient to defend the soundness of one's practices when challenged in judicial proceedings of a kind that may be faced by psychologists in the European Union in the not too distant future. In seeking to define the basis for the professional competence of psychologists, this article recommends taking a position of modesty concerning the scope and effectiveness of psychological interventions. In many circumstances, psychologists can only provide partial advice, narrowing down the range of possible courses of action more by eliminating unpromising ones than by pointing out the most correct or most favorable one. By emphasizing rigorous evaluation, the profession should gain in accountability and, in the long term, in respectability.

Model Kurikulum Pendidikan Pra Nikah Untuk MembentukKeluarga Sakinah: Studi Impelementasi Surat Edaran Dirjen Bimas Islam No. DJ.II/491 Tahun 2009 Tentang Kursus Calon Pengantin di Kantor Urusan Agama Karawang

2016 ◽  
Vol 5 (1) ◽  
pp. 84
Author(s):  
Munir Huda ◽  
Ulil Amri Syafri ◽  
Didin Hafidhuddin ◽  
Irfan Syauqi Beik
Keyword(s):  
Director General ◽  
Premarital Education ◽  
Domestic Life ◽  
Model Curriculum ◽  
District Office ◽  
Reference Implementation ◽  
The Republic ◽  
Stock Of Knowledge ◽  
Harmonious Family

<p>Marriage is one of Allah's command execution. and the Sunnah of Muhammad SAW. However, very few people know about it. For the Ministry of Religious Affairs of the Republic of Indonesia through the District Office of Religious Affairs has been providing services courses bride is the provision of a stock of knowledge, understanding and skills of the domestic life / family. The bride is the basis of the convening of the course; Regulation of the Director General of Islamic Community Guidance No. DJ.II / 491 in 2009. The conclusion that the implementation of the course curriculum bride in Karawang Religious Affairs Office has not carried out systematically. This is due to the lack of a model or guide that can be used as a reference implementation. Therefore, to address this problem researchers offer a model curriculum-based lessons bride harmonious family to KUA in Karawang. Through the Model Curriculum bid is expected to be used as reference or guidance in implementing the premarital education in the Office of Religious Affairs Karawang.</p><p><strong>Keyword</strong>: sakinah family, curriculum, prewedding</p>

The influence of extrinsic motivation and work experience on employee performance (Case study in the Serang Baru Sub-district, Bekasi District)

2020 ◽  
Vol 5 (02) ◽  
pp. 167
Author(s):  
Nur’enny Nur’enny ◽  
Rahmat Hidayat
Keyword(s):  
Work Experience ◽  
Extrinsic Motivation ◽  
Employee Performance ◽  
Linear Equations ◽  
Test Reliability ◽  
Coefficient Of Determination ◽  
District Office ◽  
Normality Test ◽  
Observation Methods ◽  
Saturated Sample

This study aims to obtain information about extrinsic motivation and work experience and its effect on employee performance in the Serang Baru District Office. This study uses a saturated sample so that the population is the same as the sample of 80 employees, at the Serang Baru District Office. The method used is validation test, reliability test, then classical assumption test, which includes normality test and multicollinearity, as well as heteroscedasticity test, multiple linear analysis test, multiple linear equations, F test, coefficient of determination, and t test. The data of this research used observation methods and questionnaires distributed to 80 samples which were addressed to employees of the Serang Baru District Office. Based on the results of research and discussion, it can be concluded: 1) Extrinsic motivation does not affect employee performance because employees are willing to work more than expected regardless of extrinsic motivation or not. 2) Employee performance is strongly influenced by work experience. The more experience, they get while working, the more knowledge they will get. 3) Employee performance will be better with the support of experienced employees so as to increase the level of output produced.             Keywords: Employee Performance, Extrinsic Motivation, Work Experience

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Educational Institutions ◽  
Scientific Article ◽  
Teaching Staff ◽  
Self Defense ◽  
Special Part ◽  
The Russian Federation ◽  
Legislative Activities

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.

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