scholarly journals Pozycja pokrzywdzonego na tle przepisów materialnego prawa wykroczeń

2021 ◽  
Vol 29 (3) ◽  
pp. 51-65
Author(s):  
Olga Sitarz
Keyword(s):  
Criminal Law ◽  
Dual Model ◽  
General Rules ◽  
The Status ◽  
Rules And Principles ◽  
The Law ◽  
The Republic

The aim of this work is to establish to what extent discrepancies of substantive misdemeanour law (relating to criminal law), which stem from simplification of responsibility rules, impact the position of victim. There are no general rules and principles relating to formation of the position of victim in either criminal law or misdemeanour law. Only by analysing particular regulations of the both respective codes allows one to reconstruct the status of victim and confronting it on the plain of the two responsibility regimes in question. The said confrontation reveals far-reaching differences within the scope of victim’s position in substantive regulations of misdemeanour law, some of which weaken the victim’s position, while other – strengthen it. Although those differences vary to their weight, yet it seems that regulations restricting the presence of the figure of victim are more significant – they genuinely decrease the competence of a person to whom the harm was made. Amongst the said regulations, first and foremost, have to be counted those that relate to possibility of ruling compensatory penal measures, as well as regulations defining the periods of limitation (aside from other discussed regulations). The assumed dual model of responsibility within this scope, in some cases, compromises the principle of equality before the law enshrined in Article 32 paragraph 1 of the Constitution of the Republic of Poland.

scholarly journals Legal Liability of the Deputies to NPC for Selling Ballots

2020 ◽  
pp. 86-90
Author(s):  
Zhou Heng
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Liability ◽  
Public Officials ◽  
Standing Committee ◽  
The Status ◽  
Right To Vote ◽  
The Law ◽  
The Right ◽  
People's Congress

Deputies to people’s congresses enjoy the right to elect the personnel of a state organ, members of the Standing Committee of the People’s Congress at the same level and deputies to the People’s Congress at a higher level in accordance with the provisions of the law. Based on the official nature of the right to vote, deputies to NPC can not transfer their right to vote and sell votes. As selling ballots is an illegal exercise of their official duty, they should assume for corresponding criminal responsibility for the crime of undermining election and bribery provided in the Criminal Law of China. Moreover, delegates to NPC who have the status of public officials shall be included in the supervision , and strengthen the responsibility inquiry.

The Scarborough Shoal Dispute: An Analysis of the Dispute Resolution Mechanisms under International Law

2013 ◽  
Vol 6 (1) ◽  
Author(s):  
RODEL A. TATON
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
The Philippines ◽  
Law Of The Sea ◽  
Choice Of Procedure ◽  
International Dispute ◽  
The Status ◽  
Rules And Principles ◽  
The Republic ◽  
The Unclos

This comes at a time when the stand-off over the Scarborough Shoal has matured to the status of an international dispute. It involves rivaling claims on points of law or fact between the People’s Republic China (PRC) and the Republic of the Philippines (RP). PRC calls the shoal as Huangyan island while RP refers to it as Bajo de Masinloc or Panatag Shoal as advanced and published in their respective governmental positions, albeit their claims for de facto sovereignty and territory. Employing mainly descriptive, historical, documentary and content analyses techniques, this dwells on (a) the character of Scarborough Shoal in the perspective of international law, (b) the conflicting claims of the PRC and RP with their respective governmental positions, (c) the mechanisms for settlement of an international dispute as provided for by the United Nations Convention on the Law of the Sea (UNCLOS) and (d) whether or not the Philippines can avail of the said remedies and how can the Scarborough Shoal be settled employing international law, rules and principles. The UNCLOS provides for a mechanism in Part XV, for settlement of disputes, ranging from the pacific modes of dispute settlement to resort to compulsory mechanisms entailing binding decisions. It is also provided that sans a choice of procedure, only Arbitration under Annex VII, the Hamburg Tribunal, is available, and this, the Philippines followed when it submitted its notification and statement of claims. Based on the international jurisprudence on related issues, there are rarely a winner and a loser. However, having studied the current situation principally in the light of the UNCLOS III, which favors the position of the Philippines, one is forced to recognize that oceans and their basic rules - droit de la mer- existed before UNCLOS. Certainly, the final settlement of the issues hereinbefore presented will go beyond the confines of UNCLOS.Keywords: Social Sciences, International disputes, Law of the Sea, descriptive design,Philippine-China Relations, UNCLOS, Philippines, Southeast Asia

OFFENSES AGAINST THE ENVIRONMENT, ESSENTIAL DAMAGE ASSESSMENT IN THEORY AND PRACTICE

2017 ◽  
Vol 1 (78) ◽  
pp. 30
Author(s):  
Silvija Kotāne
Keyword(s):  
Criminal Law ◽  
Significant Risk ◽  
Legal Protection ◽  
Theory And Practice ◽  
Forest Environment ◽  
Criminal Offense ◽  
Significant Damage ◽  
The Law ◽  
The Republic

This paper shall review of the development of environmental criminal – legal protection in the Republic of Latvia. One of the most complicated valuation terms in Criminal law is essential harm. The adverse effects of marking, used assessment concept – "essential harm" to the Criminal Law Section 11, provisions are included as a criminal offense frame sign. Valuation concept „essential harm” or “significant damage” is widely used. Material injury is one of the mandatory features of the objective of acriminal offence defining the legal classification of the offence and, inany particular case, to assess the nature and consequences of thedamage in relation to the interests laid down by the law. In all cases, regulation is not specified. Significant damage and other interests protected by law in nature and severity to determine the natural environment, human health can be an expert evaluation. In deciding the question of material injury, which is especially qualifying characteristic of the Criminal Law Article 109, followed to the Special Law Annex 1 "Criteria for the detectable threat or significant risk to the law protected the interests of the forest environment conservation." With regard to essential harm the forest environment, evaluation is embedded in the law and are applied in practice.

Legislation of the Republic of Kazakhstan Regarding Criminal Infractions and the Law Enforcement Practice

2018 ◽  
Vol 9 (1) ◽  
pp. 194
Author(s):  
Aibar S. NURKHAN
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
World Economy ◽  
Criminal Responsibility ◽  
Legal Framework ◽  
Criminal Code ◽  
Comparison Analysis ◽  
State Administration ◽  
The Law ◽  
The Republic

Studying of issues regarding criminal infractions – whether intended or imprudent – plays quite a significant role. Fundamental changes taking part in world economy and politics, globalization processes, as well as internal dynamics of country development, undoubtedly, have impact on national legal framework, including criminal law. Therefore, the main goal of the present paper is the analysis of legislation of the Republic of Kazakhstan regarding criminal infractions and the law enforcement practice. To reach this goal authors have used methods of comparison, analysis and data systematization. As a result it has been found that in Kazakhstan there are at average 4,3 registered criminal infractions per a convict. The term of criminal infraction has appeared in the Criminal Code in 2014 to cover offences of small gravity and administrative violations that cannot be referred to the sphere of state administration. Authors have revealed the punishment in the present day Kazakhstan is not a main form of criminal responsibility realization. In the majority of cases linked to criminal infractions the persons committed them are relieved from criminal responsibility at the stage of prejudicial inquiry.

Hannah Arendt’s Philosophy of Law Approach to International Criminal Law

2014 ◽  
Vol 14 (4-5) ◽  
pp. 695-716 ◽  
Author(s):  
Peg Birmingham
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Philosophy Of Law ◽  
Legal Principles ◽  
Systematic Philosophy ◽  
The Status ◽  
The Law ◽  
The Difference ◽  
Political Principles

My argument in this article is that Hannah Arendt has a coherent and well-developed, although not systematic, philosophy of law which she brings to the Eichmann trial specifically and to international criminal law generally. In Part One of the article, I lay out Arendt’s philosophy of law, focusing on her account of the difference between the Greek and Roman conceptions of the law, the status of the consensus iuris, and the status of legal principles. Part Two offers a comparison of Arendt’s and Dworkin’s legal and political principles that animate the law. Part Three takes up Arendt’s approach to international criminal law through an analysis of her report of the Eichmann trial, specifically her account of the unprecedented nature of crimes against humanity, the new type of criminal who commits administrative massacres, and the difference between the criminal and the political trial at the international level.

scholarly journals THE PRACTICE OF “UKUTHWALWA”, THE CONSTITUTION AND THE CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT

Obiter ◽  
2021 ◽  
Vol 30 (3) ◽  
Author(s):  
David McQuoid-Mason
Keyword(s):  
Rural Communities ◽  
Criminal Law ◽  
Cultural Practices ◽  
Common Law ◽  
Customary Law ◽  
Constitutional Rights ◽  
Eastern Cape ◽  
Sexual Offences ◽  
The Law ◽  
The Republic

The practice of “ukuthwalwa” has been described as a “mock abduction” or an “irregular proposal” aimed at achieving a customary law marriage. It has been said that ukuthwalwa may be used for a number of purposes, such as: (a) to force the father to give his consent; (b) to avoid the expense of a wedding; (c) to hasten matters if the woman is pregnant; (d) to persuade the woman of the seriousness of the suitor’s intent; and (e) to avoid payment of lobolo. At common law the courts have stated that ukuthwalwa should not be used “as a cloak for forcing unwelcome attentions on a patently unwilling girl”, and have held that abduction by way of  ukuthwalwa is unlawful. However, it has been suggested that if there is a belief by the abductor that the custom of ukuthwalwa was lawful the abduction would lack fault, and that if the parents or guardians consented to the taking it would not be abduction, because abduction is a crime against parental authority. Where the parents or guardians consent to the abduction the crime may amount to assault or rape. Some of these potential lacunae in the law seem to have been addressed by the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. There has recently been public outrage about the practice of ukuthwalwa in the Eastern Cape in which girls between the ages of 12 and 15 years of age were being abducted and forced into marriages against their consent. This aspect of ukuthwalwa is a breach of the common law and the repealed section of the Sexual Offences Act (s 9 of the SexualOffences Act 23 of 1957. It is also completely contrary to the Bill of Rights (Chapter 2 of the Constitution of the Republic of South Africa Act, 1996) and the Sexual Offences Amendment Act (Chapters 2 and 3 of the Sexual Offences Amendment Act). Part of the problem may be that some rural communities think that cultural practices trump constitutional rights, whereas according to the law the reverse applies.

scholarly journals OCTOBER 21, DAY OF THE STATE LANGUAGE – UZBEK LANGUAGE. CONNECTING NATION MEDIUM

2020 ◽  
Vol 01 (02) ◽  
pp. 1-6
Author(s):  
Sodirjon Bakievich Yakubov ◽  
Keyword(s):  
The State ◽  
Legal Basis ◽  
Thirtieth Anniversary ◽  
The Status ◽  
The Law ◽  
The Republic ◽  
Official Status ◽  
State Language

The Law "On the State Language of the Republic of Uzbekistan" was adopted and the Uzbek language gained a legal basis. The law is an important factor that reflects the spirituality, psyche and dignity of the Uzbek nation, that is, the status of the language has been legally strengthened. In his speech on the occasion of the thirtieth anniversary of the official status of the Uzbek language, President of the Republic of Uzbekistan Shavkat Mirziyoyev said that "the Uzbek language has emerged as a powerful force uniting our people and mobilizing our society for great goals ...

scholarly journals PENEMUAN HUKUM HAKIM MAHKAMAH KONSTITUSI DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 21/PUU-XII/2014.MK KASUS PROYEK BIOMEDIASI PT.CHEVRON BACHTIAR ABDUL FATAH

Yustitia ◽  
2018 ◽  
Vol 4 (2) ◽  
pp. 223-237
Author(s):  
Ujang Suratno
Keyword(s):  
Field Research ◽  
Secondary Data ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Joint Decision ◽  
Procedural Law ◽  
Library Studies ◽  
The Status ◽  
The Law ◽  
The Republic

Judicial authority in Indonesia is carried out by a Supreme Court and the Constitutional Court which has the authority to examine laws against the 1945 Constitution of the Republic of Indonesia and decide on the authority dispute of state institutions whose authority is granted by the 1945 Constitution of the Republic of Indonesia. The Constitutional Court in examining the Law against the 1945 Constitution became a polemic related to the prejudicial object which was finally answered through the decision of the Constitutional Court (MK) number 21 / PUU-XII / 2014. The Constitutional Court granted part of the application for corruption convictions in the case of PT Chevron Bachtiar's Abdul Fatah biomediation project, one of which examined the prejudicial object provisions which were polemic, especially after the South Jakarta District Court's prejudicial has canceled the status of suspect Commissioner Budi Gunawan (BG) by the KPK. This study is a legal research using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies and field research in the form of legislation, books, journals, and authoritative electronic media. The results of this study are 2 (two) explanations, namely First, Constitutional Court Judges have made legal inventions by providing interpretations and limitations on what can be the object of prejudicial in criminal procedural law by testing it against the constitution and seeing whether the KUHAP Articles tested are contradictory with constitutional rights. Secondly, the Constitutional Court uses several interactive techniques used by member judges in decision number 21 / PUU-XII / 2014. In the joint decision, the judges used Authentic, Systematic, Grammatical, Historical, Extensively and sociological interpretation techniques. This can be seen in the decision of point one stating a phrase which means interpreting the law using grammatical techniques

On the Outer Limits of Crimes against Humanity: The Concept of Organization within the Policy Requirement: Some Reflections on the March 2010 ICC Kenya Decision

2010 ◽  
Vol 23 (4) ◽  
pp. 855-873 ◽  
Author(s):  
CLAUS KRESS
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Trial Chamber ◽  
Criminal Court ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Customary International Law ◽  
The Law ◽  
The Republic

AbstractAt the beginning of the renaissance of international criminal law in the 1990s, the law on crimes against humanity was in a fragile state. The International Criminal Tribunal for the former Yugoslavia (ICTY) decisively contributed to the consolidation of customary international law on crimes against humanity and paved the way for its first comprehensive codification in Article 7 of the Statute of the International Criminal Court (ICC). At the same time, the ICTY in its early decisions already showed a certain inclination to broaden the scope of the application of the crime by downgrading its contextual requirement. More recently, this tendency culminated in the complete abandonment of the policy requirement. While this ‘progressive’ facet of the ICTY's jurisprudence largely took the form of obiter dicta, the Situation in the Republic of Kenya has confronted the ICC with the need to ‘get serious’ about the present state of the law. This has led to a controversy in Pre-Trial Chamber II about the concept of organization in Article 7(2)(a) of the Statute. While the majority essentially follows the path of the more recent case law of the ICTY, the ICTR, and the Special Tribunal for Sierra Leone and supports a liberal interpretation, Judge Kaul prefers to confine the term to state-like organizations and generally calls for caution against too hasty an expansion of the realm of international criminal law stricto sensu. This comment agrees with the main thrust of the Dissenting Opinion and hopes that it will provoke a thorough debate.

scholarly journals Criminal - Legislative Enforcement Of Uzbekistan: Condition, Problems And Prospects

2020 ◽  
Vol 2 (09) ◽  
pp. 586-590
Author(s):  
Tadjibaeva Dildora Abdurahimovna
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Criminal Law ◽  
Present Stage ◽  
The Law ◽  
The Republic

The article analyzes the criminal executive legislation of the Republic of Uzbekistan at the present stage and the prospects for its development. The best of the existing experience of criminal-executive regulation in Uzbekistan should be preserved in the same way as the established traditions of legal engineering, language and style of the law. At the same time, in the process of drafting a new CEC of the Republic of Uzbekistan. It is advisable to resolutely abandon the provisions of “yesterday” that impede the dialogue of civil society institutions, institutions and bodies of the penitentiary system, effective educational and preventive impact on convicts, their re-socialization, respect and protection of fundamental human rights in the conditions of execution and punishment and other measures criminal law impact.

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