Suggestions on the criminal protection of trademark right in China

2020 ◽  
Vol 28 ◽  
pp. 1-24
Author(s):  
YU LI ◽  
MINGGUO HUANGFU
Keyword(s):  
Criminal Protection ◽  
Trademark Right

EXEMPTION FROM CRIMINAL RESPONSIBILITY AND PUNISHMENTAS A FROM OF CRIMINAL PROTECTION

2020 ◽  
Author(s):  
Raul' Dzhindzholiya ◽  
Ruslan Zhirov ◽  
Azamat Dzuev
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Protection

This article is devoted to the study of the essence and content of institutions of exemption from criminal responsibility and punishment. It is concluded that exemption from criminal responsibility and punishment as two types of criminal protection serve to implement the principles of humanism and justice in criminal law; ensure that the convict is corrected without criminal coercion.

Criminal Protection Orders Among Women Victims of Intimate Partner Violence: Women’s Experiences of Court Decisions, Processes, and Their Willingness to Engage With the System in the Future

2021 ◽  
pp. 088626052110219
Author(s):  
Samantha C. Holmes ◽  
Christopher D. Maxwell ◽  
Lauren B. Cattaneo ◽  
Barbara A. Bellucci ◽  
Tami P. Sullivan
Keyword(s):  
Intimate Partner Violence ◽  
Partner Violence ◽  
Intimate Partner ◽  
Therapeutic Effects ◽  
Court Decisions ◽  
Subjective Experiences ◽  
Protection Orders ◽  
The Future ◽  
Criminal Protection ◽  
Willingness To Use

Consistent with a therapeutic jurisprudence framework, court decisions and processes can have a therapeutic or antitherapeutic effect on intimate partner violence (IPV) victims. To maximize therapeutic effects, IPV scholars have advocated for survivor-defined practices that emphasize the importance of engaging with victims in a collaborative manner that promotes autonomy, choice, and control. However, limited research exists in the context of criminal protection orders (POs). The current study addressed this gap by assessing whether criminal PO match (whether victims received the level PO they requested [i.e., PO match] or not [i.e., PO mismatch]) and victims’ subjective experiences of the court process were associated with their willingness to use the system in the future to address IPV. In a sample of 187 women whose partners were arrested for IPV, experiencing the court processes as positive (β = .36, p = .001) and court-related fear (β = .41, p < .001) were positively associated with willingness to use the system in the future. Additionally, PO match moderated the association between subjective court experiences and willingness to use the system in the future. Experiencing the court processes as negative ( b = .33, p = .005) and validating ( b = –.36, p = .001) was associated with willingness to use the system in the future only for participants who did not receive the PO level they requested. While experiencing the court as positive ( b = –.40, p ≤ .001) was associated with willingness to use the system regardless of PO match, it was most strongly associated for participants who did not receive the PO level they requested. Results suggest the importance of ascertaining strategies to improve victims’ experiences with the court, especially when victims’ requests are not met, to increase future engagement with the system.

scholarly journals QUALIFICATION OF CRIMES AGAINST LIFE: COMPARATIVE LEGAL ANALYSIS

2021 ◽  
Vol 1 (1) ◽  
pp. 61-67
Author(s):  
Olha Peresada ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Code ◽  
Legal Analysis ◽  
Right To Life ◽  
Special Part ◽  
Criminal Protection ◽  
The Moment ◽  
The Right

The article considers topical issues of definition and qualification of crimes against human life in Ukraine and abroad. It is proved that the problematic issue of criminal law protection of human life is a significant differentiation of approaches to determining the moment of its onset, which reflects the medical and social criteria for the formation of an individual who has the right to life. It is shown that Ukrainian criminal law gives a person the right to life from birth, while the correct approach is to recognize the beginning of human life and appropriate criminal protection from the moment of onset 10 days after conception, which is consistent with European experience (in particular, France) and sufficiently reflects the medical features of the period of formation of a full-fledged embryo. The article also addresses the issue of the fact that Section II of the Special Part of the Criminal Code of Ukraine combines encroachment on two different generic objects - public relations for the protection of life and public relations for the protection of personal health. This provision of the criminal law of Ukraine does not correspond to the international practice on this issue. In addition, it is reasonable to believe that the two relevant categories of the object of criminal encroachment cannot be considered similar, as such an approach in certain cases can significantly complicate the classification of a criminal offense. It is emphasized that, given the exceptional importance of criminal law protection of human life, it is necessary to formulate a separate section of the Special Part of the Criminal Code of Ukraine, which covers only crimes against life as the main object of criminal encroachment.

scholarly journals Lineamientos básicos de la protección penal adelantada de la vida y salud en el trabajo

2019 ◽  
Vol 4 (1) ◽  
pp. 293-317
Author(s):  
Patricia Gallo
Keyword(s):  
Criminal Law ◽  
Occupational Diseases ◽  
Risk Society ◽  
Direct Relevance ◽  
Safety Regulations ◽  
Criminal Protection ◽  
Derecho Penal ◽  
Adequate Design ◽  
Current Risk

RESÚMEN:En el presente trabajo se analiza a qué pautas debe responder la protección penal de la vida y salud de los trabajadores, frente a los riesgos inherentes de la actividad laboral. Teniendo en cuenta que la principal causa de los accidentes y enfermedades de trabajo consiste en el incumplimiento de las normas de seguridad extrapenales (administrativo/laborales), es necesario -en aras de la eficacia de la protección penal- adelantar la barrera de punición a través de un delito de peligro, como lo ha hecho el legislador español mediante el art. 316 del CP español. Partiendo del contexto en el que se enmarca la necesidad de esta protección penal intensificada (fundamentalmente la actual sociedad de riesgo y los fenómenos de expansión y modernización del Derecho penal), se ponen aquí de manifiesto las características propias a las que responde este especial delito de peligro y que tienen directa relevancia en un adecuado diseño del tipo penal que se postula RESUMO:Neste artigo, analisamos a quais diretrizes a proteção criminal da vida e da saúde dos trabalhadores respondem, contra os riscos inerentes à atividade laboral. Tendo em vista que a principal causa de acidentes e doenças profissionais consiste na violação de normas de segurança extra criminais (administrativas / trabalhistas), é necessário - em prol da eficácia da proteção criminal- avançar a barreira da punição através de um crime de perigo, como o legislador espanhol fez através do art. 316 do CP espanhol. A partir do contexto em que se enquadra a necessidade dessa proteção criminal intensificada (principalmente na atual sociedade de risco e diante dos fenômenos de expansão e modernização do direito penal), serão expostas as características desse crime especial de perigo e que tenham relevância direta para um design adequado do tipo penal postulado.ABSTRACT:In this paper, we analyze to which guidelines the criminal protection of the life and health of the workers must respond, against the inherent risks of the labor activity. Taking into account that the main cause of accidents and occupational diseases consists in the breach of extra-criminal safety regulations (administrative / labor), it is necessary - for the sake of the effectiveness of criminal protection - to advance the puncture barrier through of a crime of danger, as the Spanish legislator has done through art. 316 of the Spanish CP. Starting from the context in which the need for this intensified criminal protection is framed (mainly the current risk society and the phenomena of expansion and modernization of criminal law), the characteristics of this special crime of danger and that have direct relevance in an adequate design of the criminal type that is postulated. 

scholarly journals Criminal protection of young people from alcoholism in Bosnia and Herzegovina

Crimen ◽  
2020 ◽  
Vol 11 (3) ◽  
pp. 272-298
Author(s):  
Suad Orlić ◽  
Sadmir Karović
Keyword(s):  
Young People ◽  
Alcohol Abuse ◽  
Bosnia And Herzegovina ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Decisive Influence ◽  
Criminal Offenses ◽  
Criminal Protection

Alcoholism or alcohol abuse and indulgence in alcohol is one of the most prevalent antisocial phenomena in young people and one of the main causes of their criminal behavior. Namely, there is an increasing tendency for young people to abuse and consume alcohol and to indulge in alcohol frequently as well as the incidence of committing criminal offenses by young people under the decisive influence of alcohol. The paper elaborates the criminal law aspects of protecting young people from alcoholism or alcohol abuse and points out problem of uneven and inadequate legislation in Bosnia and Herzegovina, and gives appropriate proposals for changes to existing solution in order to achieve better and more effective criminal law protection of young people from alcohol abuse.

scholarly journals Criminal Protection of the Family in the Iraqi Legislation

2021 ◽  
Vol 7 (1) ◽  
pp. 21
Author(s):  
Bassim Jameel Almusawi
Keyword(s):  
Basic Principle ◽  
Secondary Data ◽  
Daily Practice ◽  
Legal Research ◽  
Protection Policy ◽  
Critical Gap ◽  
The Family ◽  
Legal Texts ◽  
Criminal Protection ◽  
Deficient Area

The protection of the family is the basic principle for building a strong society and family protection policy is one of the most significant among the responsibilities of legislations. The current paper reviews the protection of family according to Iraqi legislation and discusses various types of crimes involving children or families according to Iraqi law. In this article doctrinal legal research was adopted and it assessed sources from both primary and secondary data. The research concludes that Iraqi legislation provides correct protection through a number of legal texts organizing the crimes against family. However, it has failed to achieve full criminal protection for the family. There are both theoretical weakness of law and the routine abuse against family in daily practice. The present paper aims to fill a critical gap in our understanding regarding deficient area in Iraqi law while dealing with the rights of members of family and proposes further work to be done so that Iraqi legislator can provide full criminal protection for family.

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