scholarly journals The Extent of Voluntariness in Plea Bargaining for Economic and Financial Crimes in Nigeria

2015 ◽  
Vol 23 ◽  
Author(s):  
Ibrahim Danjuma ◽  
Gan Ching Chuan
Keyword(s):  
Best Practices ◽  
Plea Bargaining ◽  
Criminal Court ◽  
The Other ◽  
Criminal Trials ◽  
Other Hand ◽  
Financial Crimes ◽  
The Law

The concept of plea bargaining has globally been recognised and applied in criminal trials so as to enable the accused person to have lighter punishment or to be charge with a lesser offence in a criminal court, while the prosecutor on the other hand will secure conviction. Plea bargaining accommodates the consensual agreement between an accused person and the prosecutor in respect of the case against the accused which is subject to court’s approval or acceptance. In Nigeria, the Economic and Financial Crimes Commission (EFCC) is empowered by law to compound offences and to dispose financial and other related offences against the accused persons. Hence, EFCC uses its discretion to apply plea bargaining to some of the cases it prosecutes with the aim of securing conviction and to recover the illegally acquired property from the accused. In the case of Dieprieye Alamiesiegha, after an agreement was reached between him and the prosecutor (EFCC), instead of him pleading guilty as required by law in Nigeria, he explained the reasons why he pleaded guilty. This article examines the cases of plea bargaining in Nigeria and analyses whether or not the admission of guilt by the accused is voluntarily made or is motivated and influenced by some extraneous factors. This article finds that based on the cases analysed, the acceptance of plea bargaining in Nigeria by the accused persons as applied by the EFCC were not made freely and voluntarily as required by the law and best practices in other jurisdictions. This is because the accused persons were forced into it by some certain extraneous factors that were initiated and proffered by the EFCC against provision of the law.

Medicine, Midwifery, and the Law

2021 ◽  
Vol 37 (1) ◽  
pp. 61-92
Author(s):  
Nora E. Jaffary
Keyword(s):  
Nineteenth Century ◽  
The Other ◽  
Criminal Trials ◽  
Public Rhetoric ◽  
Other Hand ◽  
Botanical Knowledge ◽  
Health Practitioners ◽  
The Law ◽  
Caste War

A body of nearly ninety criminal trials for abortion and infanticide in nineteenth-century Yucatán reveal some contradictory traits. On one hand, the testimony that licensed physicians provided to courts about the nature of the medicines that midwives and boticarios supplied to pregnant Mayan women was surprisingly respectful and supportive of these unlicensed health practitioners. The cases reveal both the ongoing practice of Mayan medicinal and botanical knowledge in obstetrical health at the close of the nineteenth century and, despite public rhetoric to the contrary, individual doctors’ tolerance of, or accommodation to, such practices. On the other hand, the local judges who tried these cases displayed much less accommodation to Mayan defendants, reflecting the pronounced Mayan and non-Mayan social and political tensions that characterized the era of the peninsula’s Caste War.

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

STUDI KRITIS JUAL BELI DEKORASI UANG MASKAWIN

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri
Keyword(s):  
The Other ◽  
Other Hand ◽  
Business Opportunities ◽  
The Law ◽  
The One ◽  
High Level

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.

Dismissal with Monetary Consideration under Art. 232, para. 2 of the Labour Code

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  
Keyword(s):  
Employment Relationship ◽  
The Other ◽  
Employment Contract ◽  
Other Hand ◽  
Unilateral Termination ◽  
The Law ◽  
The One ◽  
Rules Set ◽  
Final Calculation

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.

scholarly journals Criminal court ordered assessments in France and Canada: a comparison

2018 ◽  
Author(s):  
Sebastien S Prat ◽  
Noemie Praud ◽  
Lauren Barney
Keyword(s):  
Forensic Psychiatry ◽  
Criminal Court ◽  
The Other ◽  
Scientific Concepts ◽  
Letter To The Editor ◽  
Other Hand ◽  
Justice Systems

In this Letter to the Editor, we aim to compare the Canadian and the French forensic psychiatry system. Comparing both systems is interesting because France is considered as one of the oldest modern justice systems, and many of the forensic concept are inherited from it or its European neighbours. On the other hand, Canada is one of the countries where the modern forensic psychiatry is born, implementing the actual scientific concepts of criminology. Although the overall goal of the Justicer system and Forensic Psychiatry is the same in both countries, the theoritecal and practical differences help each professional to reflect on their own practice in their jurisdiction.

scholarly journals ETHICAL PRINCIPLES OF SOCIETY AS REGULATORY FACTORS OF CIVIL LAW OF UKRAINE: THE ISSUE OF VALIDITY

2019 ◽  
pp. 16-20
Author(s):  
V. Кroitor
Keyword(s):  
Civil Law ◽  
The Other ◽  
Ethical Principles ◽  
Regulatory Requirements ◽  
Regulatory Factors ◽  
Other Hand ◽  
Moral Rules ◽  
The Law ◽  
The One

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand. The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations. The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors. The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".

scholarly journals ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS

2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка
Keyword(s):  
The Other ◽  
Legal Entity ◽  
Legal Norms ◽  
Other Hand ◽  
Bankruptcy Procedure ◽  
Good For ◽  
The Law ◽  
The Right ◽  
Ordinary Citizens ◽  
Legal Entities

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.

scholarly journals Dual citizenship and military service in Yugoslav law

1999 ◽  
Vol 71 (12) ◽  
pp. 204-209
Author(s):  
Tamaš Korhec
Keyword(s):  
Military Service ◽  
General Rule ◽  
The Other ◽  
Dual Citizenship ◽  
Other Hand ◽  
The Law ◽  
The Military

Persons with two or more citizenship are exceptions from the rule that one person has a citizenship of one state. Yugoslav Law make no restrictions for Yugoslav citizens to gain the citizenship of other states, besides the citizenship of the FRY, with the general rule that these dual citizens shall be treated as Yugoslav citizens during there residence in FRY. On the other hand, concerning the military service the Law on Yugoslav Army makes an exception, and provides that dual citizens, regular service in military is conditional and facultative obligation. This pretty vague rule has been recently interpreted by the decisions of the Supreme military court.

Indecent Exposure

2020 ◽  
pp. 225-248
Author(s):  
Stuart P. Green
Keyword(s):  
The Other ◽  
Political Protest ◽  
Criminal Sanctions ◽  
Other Hand ◽  
Sensual Pleasure ◽  
The Law

This chapter considers the flip side of voyeurism—namely, indecent exposure, or exhibitionism. Whereas in voyeurism, the offender views his victim’s private activities without her consent, in indecent exposure, he subjects her to his own intimate activities. The interests and rights at stake in the two offenses are thus complementary. This chapter argues that criminal sanctions for indecent exposure are ultimately justified not on the basis of its harms, which are relatively minor, but rather on the basis of its tendency to cause offense. Unlike incest and sadomasochistic assault, which are usually performed in private, indecent exposure is normally committed in public and specifically intended to cause shock, distress, or disgust. On the other hand, some exhibitionists will have legitimate reasons for exposing themselves. They may be engaging in political protest, participating in an artistic endeavor, communing with nature, or exploring sensual pleasure. The chapter suggests that under liberal principles, the law of indecent exposure should be applied only to the most egregious and offensive sorts of exposure for which there is no legitimate justification.

scholarly journals Corporate Tax Disclosure: A Review of Concepts, Theories, Constraints, and Benefits

2015 ◽  
Vol 11 (28) ◽  
pp. 1 ◽  
Author(s):  
Mahfoudh Hussein Mgammal ◽  
Ku Nor Izah Bt Ku Ismail
Keyword(s):  
Best Practices ◽  
The Other ◽  
Corporate Tax ◽  
Tax System ◽  
Full Disclosure ◽  
Tax Enforcement ◽  
Other Hand ◽  
Private Data ◽  
Future Plans

<p>The aim of this paper is to offer an impression of the issues raised by the disclosure of companies’ tax information by supplying existing and historical viewpoints from the aspects of concepts, theory, constraints, benefits and measurements. We are concerned that full disclosure of organizations' tax information could result in firms weakening tax information, hampering tax enforcement, and maybe, in a weakened structure, disclosing private data that could give a competitive benefit to those organizations that are not requested to do such a disclosure. Hence, some studies do not underpin full disclosure. On the other hand, full tax disclosure could have numerous beneficial impacts. It might put pressure on regulators to develop the tax system and it might incite companies to oppose aggressive tax decrease strategies. We anticipate and expect interested parties to take into consideration the best practices of tax disclosure in implementing their future plans.</p>

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