scholarly journals THE CONCEPT OF SELF-DEFENSE IN AMERICAN AND POLISH LEGAL SYSTEMS – A COMPARATIVE ANALYSIS

2017 ◽  
Vol 29 (2) ◽  
pp. 85-104
Author(s):  
Katarzyna Ginszt ◽  
Jakub Ginszt
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Deadly Force ◽  
Legal Systems ◽  
Legal Definition ◽  
Self Defense ◽  
American Law ◽  
Definition Of ◽  
Self Protection ◽  
At Home

The article is devoted to the issue of self-defense in Polish and American law . Currently, there are attempts to widen the scope of necessary self-protection in Polish legislation and to implement provisions which allow for using greater degree of force by a person attacked at home . The justification of the draft refers to the American law which is more developed in the context of the defense of habitation . Thus, the article provides an analysis of existing legal solutions in American criminal law concerning e .g . the legal definition of self-defense, the use of deadly force, the duty to retreat, the castle doctrine and the provisions which expand this doctrine in comparison with the parallel legal solutions existing in Poland .

scholarly journals THE TRANSPOSITION OF INTERNATIONAL CRIMINAL LAW CONCEPTS INTO NATIONAL JURISDICTIONS: THE CASE OF GENOCIDE

2019 ◽  
Vol 41 ◽  
pp. 71-96
Author(s):  
Marie-Hélène GIRARD
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
International Level ◽  
Legal Systems ◽  
Legal Concept ◽  
Vast Array ◽  
Legal Definition ◽  
Definition Of ◽  
Language And Law

This article discusses preliminary findings of a study on the transposition of the legal concept of genocide into 131 national jurisdictions. The specificities of this transposition into national criminal systems, as well as those related to the international legal definition of genocide, are described in the first part. The communicative situations in which the concept of genocide has been transposed are then examined in order to show their scope and breadth, and to which extent they contribute to the transformation of the concept of genocide. Trends related to the object of transformation in the definition and their effect on meaning are subsequently outlined. The findings point to a situation where, despite having been the object of multiple consensus at the international level, the concept of genocide has been transformed by the vast array of domestic legal languages and legal systems into which it has been transposed and thereby reinforce the relation between the configuration of the language and law, and the difficulty of translation.

scholarly journals The Insanity Defence: How Do We Handle Doubt?

2019 ◽  
Vol 7 (1) ◽  
pp. 60-77
Author(s):  
Randi Rosenqvist
Keyword(s):  
Criminal Law ◽  
Practical Knowledge ◽  
The Other ◽  
Legal Definition ◽  
Clear Cut ◽  
Other Hand ◽  
Criminal Insanity ◽  
Definition Of ◽  
Legal Sense

This paper discusses how the legal definition of criminal insanity has been altered several times in the Norwegian criminal law, most recently in June 2019. There are difficulties in communicating between psychiatric experts, legal experts, and lay judges, since the description and understanding of psychotic cognition as well as the definition of legal terms are not equally understood. Not all insanity cases are clear-cut. The Norwegian forensic experts must not conclude that the charged person is considered ‘psychotic’ in the legal sense if they are not clinically sure of this. The courts, on the other hand, must not conclude that a person is ‘sane’ if there is doubt about this. This paper discusses how there is little practical knowledge of how experts and courts handle such doubts, and highlights the lack of discussion of these questions in the legal sources.

scholarly journals Domestic violence

Temida ◽  
2003 ◽  
Vol 6 (2) ◽  
pp. 37-44
Author(s):  
Jasmina Kiurski
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Institution ◽  
Legal Systems ◽  
Criminal Offence ◽  
Protective Function ◽  
Recent Reform ◽  
Definition Of

In this article author examines a definition of a family, the role of a family as a social and legal institution as well as state reaction in a situation of mal function of a family. Special attention is given to a definition of a family, its protective function and criminal law in modern legal systems. Author also analyzes recent reform of our legislation firstly new criminal offence (Article 118a of the Criminal Code of Republic of Serbia) - Domestic Violence - and its relation to other similar criminal offences. Finally, author gives an overview of up-to-now practice from District and Municipal Prosecutors Offices in Belgrade and suggestions for solving observed problems in implementation of this criminal offence.

scholarly journals Differences between the Italian and Slovak legal systems with respect to animal protection

2018 ◽  
Vol 63 (No. 6) ◽  
pp. 292-297
Author(s):  
R. Balajty ◽  
D. Takacova ◽  
G. Ruffo ◽  
P. Fossati
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Slovak Republic ◽  
Legal Systems ◽  
Animal Protection ◽  
Protection Legislation ◽  
Different Characteristics ◽  
Italian Legislation

This paper provides a comparative analysis of the legal content of animal protection legislation in the Slovak Republic with that of Italian legislation. Firstly, we compare the legal systems in the Slovak Republic and Italy with respect to the animal protection laws, especially criminal law in both countries. This comparison of the two different legislations allows detection of identical or different characteristics in the area of animal protection, which could be used later as an inspiration for lawmakers in both countries.

scholarly journals Understanding of administrative prejudice in criminal law (legislation): main doctrinal approaches

2021 ◽  
Vol 17 (2) ◽  
pp. 52-56
Author(s):  
Zurab Z. Mamhyagov
Keyword(s):  
Criminal Law ◽  
Legal Definition ◽  
Consistent Increase ◽  
Definition Of

A consistent increase in the number of criminal-law norms with administrative prejudice requires an adequate doctrinal understanding of this legal phenomenon. This circumstance becomes relevant due to the lack of a legal definition of an administrative prejudice. The author comes to the conclusion that there are four main conceptual approaches in understanding the administrative prejudice in criminal law (legislation): formal-legal, socio-legal, intersectional and criminological. The article notes that none of these concepts can be considered as dominant.

scholarly journals The Natural Right To Parody: Assessing The (Potential) Parody/Satire Dichotomies In American And Canadian Copyright Laws

2018 ◽  
Vol 35 ◽  
pp. 69-98
Author(s):  
Amy Lai
Keyword(s):  
Free Speech ◽  
Natural Law ◽  
Freedom Of Expression ◽  
Natural Right ◽  
Legal Definition ◽  
The Core ◽  
Copyright Laws ◽  
American Law ◽  
Definition Of ◽  
The Right

This paper argues that the right to expressing oneself through parodies should constitute part of the core freedom of expression of a normative copyright regime. By drawing upon natural law legal theories, the paper proposes a legal definition of parody that would help to bring the copyright jurisprudence of a jurisdiction more in line with its free speech tradition. It argues that a broad parody definition, one that encompasses a great variety of expressive works but would not compete with the original and its derivatives in the market, is preferable to a narrow one. The paper then explains why the parody defence in American law and the parody exception in the Canadian copyright statute should follow the proposed parody definition, which would properly balance the rights of copyright owners with those of users.

scholarly journals CREATING OF CRIMINAL-LEGAL PRESCRIPTIONS OF PARTICIPATING IN CRIMINAL CODE OF 1845 AND 1903

2017 ◽  
Vol 21 (2) ◽  
pp. 183-189
Author(s):  
A. I. Sitnikova
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Regulations ◽  
Legal Provisions ◽  
Prior Consent ◽  
The Law ◽  
Definition Of ◽  
Criminal Legislation ◽  
Legal Consequences

The paper is devoted to the consideration of the criminal legal regulations of the institution of criminal complicity, which are in the Criminal Code of 1845 and 1903. The author has conducted a comparative analysis of the legal provisions on criminal complicity and revealed some peculiarities of the legislative technique of constructing normative prescriptions on the criminal complicity in the legislation of the classical school of criminal law. The author also notes that the technique of constructing an institution of criminal complicity in the criminal legislation of the ХIХ-beginning of the XX century has long history and features of the development. The author notes that, unlike the Decree on punishments of criminal and executive 1845, in which there is no definition of complicity, the Criminal Code of 1903 contains a norm in which the signs of complicity in a crime are indicated. In the Decree of 1845 the legislator singled out two forms of complicity: complicity with prior consent and complicity without prior consent. Legislation on the forms of complicity in the Code of 1903 has been improved through the consolidation in the law of two more forms: participation in the community and complicity in the gang. At the same time, the normative text of the Code of 1845 is extremely difficult to formulate because there is no clarity, compactness. Besides there are repetitions and contradictions in the norms of complicity. In the Code of 1903, the author recognizes the norm, which regulates responsibility of the accomplices of the crime, as well as a regulation of the legal consequences on voluntary refusal of criminal complicity, to be effective. The author concludes that the Regulations of 1845 and 1903 are more effective in comparison with the previous criminal laws.

scholarly journals Domestic violence committed by women in the family - or the family as an object of protection in the criminal law of Poland

2021 ◽  
Vol 3 ◽  
pp. 32-37
Author(s):  
J. Dlugosh-Yuzvyak ◽  
Keyword(s):  
Domestic Violence ◽  
Family Member ◽  
Criminal Law ◽  
Family Environment ◽  
Legal System ◽  
Legal Definition ◽  
The Family ◽  
Police Statistics ◽  
The One ◽  
Definition Of

The article is devoted to the problems of understanding the legal issues of the family in the criminal law of Poland and in criminology. The paper analyzes the issues of the content of the definition of the family. It is necessary to refer to its legal definition. It is concluded that although the concept of family is repeatedly found in the Polish legal system, it is not uniform and has different content for certain areas of law. The article presents a scientific analysis of one of the categories of crimes against the family, i. e. the so-called domestic violence. There is no legal definition of the domestic violence in the Polish legal system, although it is assumed to be a social phenomenon that occurs when a family member or other person living together or managing a household deliberately tries to dominate another family member, physically or mentally. Thus it is possible to talk about domestic violence as a violence occurring among people living in the same household. Its subcategory is the so-called violence in family occurring in the family environment. The paper presents and analyzes examples of domestic violence and police statistics. Some of these behaviours can be classified as crime against the family. Thus it is possible to specify, that, on the one hand, the victims of domestic violence are more likely to be women and, on the other hand, that women are far less likely than men to be suspected of domestic violence. However presently every eighth victim of violence in family is a man. Within the framework of the presented article, it is proposed to turn attention to the problem of women as perpetrators of domestic violence, especially in relation to a man. It is necessary to emphasize that domestic violence perpetrated by women against men, including their husbands, is a growing phenomenon.

scholarly journals The concept of money laundering: a quest for legal definition

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Muhammad Saleem Korejo ◽  
Ramalinggam Rajamanickam ◽  
Muhamad Helmi Md. Said
Keyword(s):  
Money Laundering ◽  
Criminal Law ◽  
Task Force ◽  
Content Type ◽  
Terrorist Financing ◽  
Legal Definition ◽  
Balanced Approach ◽  
Wide Range ◽  
Definition Of ◽  
Terrorist Acts

Purpose This paper aims to focus on the concept of money laundering and explores the evolution and expansion of criminalization of predicate offences to the money laundering within the international anti-money laundering (AML) regime over the time. It proposes how to limit the size and scope of predicate offences in designing a balanced legal definition. Design/methodology/approach This paper opted a content analysis focussed on the criminalization aspect of offences to money laundering in the international AML regime under the United Nations Conventions (Vienna, Palermo and Corruption Convention) and Financial Action Task Force Standards. Findings This paper provides how the criminalization of money laundering has evolved and its definition expanded over the time. The international definition is widely drafted with wide range of predicate offences from proceeds of drug money to corruption, including terrorist financing and terrorist acts; however, the two phenomena – money laundering and terrorist financing are quiet distinct apart. This continual expansion of predicate offences quite leads legality issues such as over-criminalization and conflict with principles of criminal law. This paper suggests an approach to limit the size and scope of predicate offences to money laundering. Practical implications This paper includes implications for the development of a balanced approach in defining predicate offences through a qualitative limitation approach consistent with the minimalist theory of penalization of criminal law. Originality/value This paper attains an identified issue how the legal definition of the money laundering offence can be improved while considering rule of law and principles of criminal law concerns.

scholarly journals Crime and Its Elements: Issues of Doctrinal Assessment

2021 ◽  
Vol 16 (3) ◽  
pp. 110-123
Author(s):  
V. V. Khilyuta
Keyword(s):  
Criminal Law ◽  
Legal Systems ◽  
Legal Concept ◽  
Dangerous Behavior ◽  
Definition Of

The paper examines the doctrinal problems of crime as the central institution of criminal law. The essence and content of the concept of "crime" and its features are revealed from ontological positions: an act, social danger, wrongfulness, guilt and punishability. A differentiated approach to assessing the wrongfulness and social danger of an act determines the emergence of many concepts of crime and its characteristic elements (features). The legal concept of a crime is based on the fact that the act reflects and characterizes the crime and it is the act that has a set of objective and subjective features. The author outlines some trends in the development of the doctrine of crime in the context of the global instrumentalization of criminal law and the unification of modern legal systems. The main conclusion is that the concept of a crime should be formulated through the definition of social danger and unlawfulness (a crime is socially dangerous and unlawful behavior). It is the combination of public danger and wrongfulness that forms the concept of a crime and the rest of the features are derivatives. Socially dangerous behavior contains a set of objective and subjective features of wrongfulness, which are directly enshrined in the criminal law, which also provides for an element of punishment as a measure of state influence.

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