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 Conditional early release from punishment: the interpretation of the terms of application

2021 ◽  
Vol 5 (2) ◽  
pp. 185-191
Author(s):  
A. O. Beketov ◽  
K. N. Karpov ◽  
E. V. Stebeneva
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Scientific Methods ◽  
Psychotropic Substances ◽  
Sufficient Degree ◽  
Scientific Results ◽  
The Moment ◽  
The Right ◽  
Narcotic Drugs

The subject of the research is the public relations governing the serving of the sentence by the convicted person and the exercise of the right to parole.The purpose of the article is to determine the content and formulate proposals for improving the criminal legislation and the practice of its application on the basis of established approaches to the interpretation of the conditions for the application of parole, provided for in Art. 79 of the Criminal Code of the Russian Federation. The hypothesis of the research is the legislative wording of the conditions for the application of parole, provided for by Russian Criminal Code (paragraph "g" of Part 3 of Art. 79) – “at least three-quarters of the sentence imposed for crimes against the sexual inviolability of minors, as well as for grave and especially grave crimes related to the illegal circulation of narcotic drugs, psychotropic substances and their precursors” – do not have a sufficient degree of specificity and does not allow to unambiguously determine the moment of emergence of the right to parole.The methodology. General scientific methods (analysis, synthesis, induction, deduction) as well as private scientific methods of criminal law research (formal-legal and linguistic interpretation of legal acts) – were used. The authors propose to correct the provisions of the Russian Criminal Code and to consolidate the content of the concepts used in the criminal law on the basis of the analysis of various normative legal acts, acts of judicial interpretation and provisions of the doctrine of criminal law.The main scientific results. During the analysis of the provisions of Part 3 of Art. 79 of the Russian Criminal Code, regulating the conditions for the application of parole, the authors reveal a number of inaccuracies in the provisions of the criminal law. Such inaccuracies do not allow to unambiguously determine the grounds for parole of persons who have com-mitted crimes against the sexual integrity of minors, as well as persons who have committed grave and especially grave crimes connected with the illegal circulation of narcotic drugs, psychotropic substances and their precursors. The content of the prescriptions of clause "g" of Part 3 of Art. 79 of the Russian Criminal Code does not have an exact legislative basis, and the interpretation given by the judicial authorities does not always allow us to exclude the uncertainty of the concepts used.Conclusions. The contradictions were identified by the authors related to the inaccuracy of the legislative prescriptions used in determining some conditions for the application of pa-role. The authors conclude the need to amend the criminal law and formulated proposals that clarify the wording of Art. 79 of the Russian Criminal Code. Such corrections will eliminate the duality of understanding of certain conditions of parole and increase the effectiveness of law enforcement practice in this area.

scholarly journals How the Criminal Law in Australia Has Failed to Promote the Right to Life for Unborn Children: A Need for Uniform Criminal Laws on Abortion across Australia

2012 ◽  
Vol 17 (1) ◽  
pp. 43
Author(s):  
Patrick Ferdinands
Keyword(s):  
Mental Health ◽  
Pregnant Woman ◽  
Pregnant Women ◽  
Criminal Law ◽  
Human Life ◽  
Intrinsic Value ◽  
Right To Life ◽  
The Moment ◽  
The Right ◽  
Potential Use

This article contends that human life has an intrinsic value from the moment of its conception based on its potential use to the community. This value to the community demands protection from the state. However, there is also a need to balance this aim against the legitimate health interests of pregnant women. Abortions should be permitted only in circumstances where the abortion is necessary to preserve the pregnant woman from any serious danger to her physical or mental health. This article shows that the lack of uniformity in Australia’s criminal law in the area of abortion plays a part in unduly undermining the right to life of unborn children. Accordingly, there is a need for effective uniform criminal laws throughout Australia that properly protect the right to life of unborn children and are duly sensitive to the valid health interests of pregnant women that give rise to circumstances justifying abortion.

scholarly journals Profili giuridici dell’aborto in Irlanda. Peculiarità e prospettive della vicenda irlandese alla luce della legge Protection of Life During Pregnancy Act (2013)

2013 ◽  
Vol 62 (4) ◽  
Author(s):  
Carlo Casini ◽  
Marina Casini
Keyword(s):  
Legal Status ◽  
Human Life ◽  
Legal Aspects ◽  
Human Beings ◽  
Right To Life ◽  
Great Chance ◽  
Judicial Decisions ◽  
The Moment ◽  
The Right ◽  
Protection Of Life

Dopo vivacissisimi dibattiti e diverse decisioni giudiziarie, il Parlamento irlandese ha approvato nel luglio 2013 la legge sull’aborto Protection of Life During Pregnancy Act (2013) che però non ha fatto cessare le discussioni né sopito le inquietudini. Il contributo, supportato da un’ampia documentazione, si muove contemporaneamente su tre piani: vengono esaminati i profili giuridici (costituzionali, referendari, legislativi e giurisprudenziali) della storia dell’aborto in Irlanda, evidenziando gli aspetti che rendono peculiare la vicenda irlandese rispetto a quella degli altri Paesi europei; affronta la questione dello statuto giuridico dell’embrione umano nell’ordinamento irlandese sia nell’ambito dell’aborto, sia in quello della fecondazione artificiale (diffusa nella prassi e legittimata dalla giurisprudenza); offre interpretazioni e prospettive concrete per tutelare la vita umana sin dal momento della fecondazione in un contesto che, invece, tende a sottrarre la protezione nei primi 14 giorni di vita dell’embrione umano. One of us, l’iniziativa dei cittadini europei, promossa sulla base del Trattato di Lisbona, si presenta come una straordinaria occasione per svolgere un ruolo di contenimento delle possibili derive negative della legge recentemente approvata e per mantenere nella società la consapevolezza che la dignità umana è uguale per tutti gli esseri umani, così tutti, sin dal concepimento, sono titolari del diritto alla vita. I cittadini irlandesi potrebbero confermare con la vastità delle adesioni a “Uno di noi” la stessa volontà manifestata nei referendum del 1983, del 1997 e del 2002: “lo Stato riconosce il diritto alla vita del bambino che deve nascere”. ---------- After several lively debates and judicial decisions, the Irish parliament passed a law on abortion in July 2013 Protection of Life During Pregnancy Act (2013) which, however, has not put an end to the discussion or calmed anxieties. The contribution, supported by extensive documentation, moves simultaneously on three levels: 1. examining the legal aspects (constitutional, referendums, legislation and judicial decisions) of abortion’s history in Ireland highlighting those that make that history unique compared to other European countries; 2. dealing with the question of the legal status of the human embryo into the Irish legal system regarding both abortion, and artificial insemination (widely practiced and legitimized by law); 3. offers interpretations and concrete prospects for protecting human life from the moment of fertilization in a context which, however, tends to deprive human life of protection in the first 14 days of life. One of us, the European citizens’ initiative, promoted on the basis of the Treaty of Lisbon, is presented as an extraordinary opportunity to play a role in limiting the possible negative tendencies of the law recently passed and to maintain awareness in society that human dignity is the same for all human beings. So everyone, from conception, is entitled to the right to life. In particular, One of us gives Irish citizens the great chance to confirm the same desire expressed in the referenda of 1983, 1992 and 2002 – “The State acknowledges the right to life of the unborn child” – by signing in great numbers the “One of Us” citizen’s initiative.

PENALTIES PROVIDED FOR SERIOUS CRIMES IN THE CRIMINAL CODE OF UKRAINE

2018 ◽  
Author(s):  
Oleksandra Skok ◽  
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Criminal Code ◽  
Legal Analysis ◽  
Judicial Practice ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
Special Part ◽  
The Right ◽  
National Police

The statistics of the Prosecutor General's Office on registered criminal offenses in the form of serious crimes for 2020 and 2021 were reviewed. Based on this, the number of serious crimes registered by the National Police of Ukraine during the reporting periods was determined. The provisions of the current Criminal Code of Ukraine, the Criminal-Executive Code of Ukraine, the Resolution of the Plenum of the Supreme Court No 7 of October 24, 2003 are analyzed, as well as some scientific positions of domestic scientists Knyzhenko O. O are taken into account. and Berezhnyuk V. M In addition, a review of the case law of the Supreme Court of Cassation on sentencing was studied. A thorough criminal-legal analysis of the sanctions of the articles of the Special Part of the Criminal Code of Ukraine in the part of punishments established for the category of serious crimes was carried out. Based on the analysis, it was determined which main and additional punishments are regulated in the sanctions of the articles of the Special Part of the Criminal Code of Ukraine for the investigated category of crimes. The quantitative and qualitative indicator of sanctions for serious crimes has been determined, which include: imprisonment for a definite term; punishments alternative to imprisonment; additional penalties. Legislative and doctrinal provisions on punishments in the form of imprisonment for a definite term, restriction of liberty, fine, correctional labor, arrest are considered. The judicial practice of Ukraine in the part of certain issues related to the execution of a penalty in the form of a fine and the replacement of a penalty in the form of a fine with a penalty in the form of correctional labor is analyzed. It is established that the Criminal Code of Ukraine, in the sanctions of the articles, provides for the application to a person who has committed a serious crime, punishment in the form of imprisonment, restriction of liberty, fine, correctional labor, arrest - as the main punishment. The range of additional punishments is defined, which determine: confiscation of property, deprivation of the right to hold certain positions or engage in certain activities and a fine.

scholarly journals El Estatuto Constitucional del no nacido: evolución y situación actual en España // The constitutional status of the unborn: evolution and current situation in Spain

2018 ◽  
Vol 1 (102) ◽  
pp. 47
Author(s):  
Ángel José Gómez Montoro
Keyword(s):  
In Vitro Fertilization ◽  
Human Life ◽  
Human Embryos ◽  
Constitutional Court ◽  
Right To Life ◽  
Vitro Fertilization ◽  
Indication System ◽  
Criminal Protection ◽  
The Right

Resumen:El presente trabajo es un análisis de cómo ha evolucionado la protección del no nacido en España desde la aprobación de la Constitución de 1978. Se centra, en particular en el estudio de la legislación y de la jurisprudencia constitucional sobre dos temas especialmente relevantes y controvertidos: la regulación del aborto, de un lado, y de la fecundación in vitro y uso de embriones, sus tejidos y órganos, de otro. Tanto el legislador como la doctrina del Tribunal Constitucional se han inclinado por una protección gradualista de la vida humana en formación que deja abiertos muchos interrogantes desde la perspectiva del derecho a la vida (art. 15 CE) y la dignidad humana (art. 10.1 CE)Summary:1. The Introduction Of Abortion In Spain And The STC 53/1985: a) From Criminalization To Decriminalization In Certain Circumstances; b) STC 53/1985: i) Right To Life And Prenatal Life; ii) The Life Of The Unborn As A Constitutional Interest; iii) The Constitutionality Of The Indication System; iv) The Conditions For The Constitutionality Of Decriminalization; c) The New Regulation. 2. From The «Indication System» To The «System Of Deadlines»: Organic Law 2/2010 Of 3 March On Sexual And Reproductive Health And Voluntary Termination Of Pregnancy: a) The Evolution Of Abortion In Spain Under The 1985 Act;b) The Arguments For The Reform And The Context Of The New Regulation;c) The New Regulation. 3. An Open Debate: a) The Conditions For The Constitutionality Of Decriminalization; b) The Failed Reform Of The Act. 4. The Weak Protection Of The Embryo In The Legislation On In Vitro Fertilization And The Use Of Embryonic Organs And Tissues, And The SSTC 212/1996 And 116/1999: a) Act 35/1988 On Assisted Reproduction Techniques, And Act 42/1988 On Donation And Use Of Human Embryos And Fetuses And Their Cells, Tissues And Organs; b) Negation Of The Right To Life Of The Embryo And Consequences For Its Consideration As A Constitutionally Protected Legal Interest: i) The Embryo Does Not Hold The Right To Life; ii) Two New Categories:Pre-Embryos And Non-Viable Embryos And Their Legal Relevance; iii) Surplus Embryos; iv) The Absence Of Any Criminal Protection; v) A Weak Concept Of Dignity. 5. Legislative Evolution; 6. A Model For The Gradual (Dis)Protection Of Unborn Human Life.Abstract:This paper analyzes the evolution of the protection of the unborn human life in Spain since the enactment of the 1978 Constitution. It focuses, in particular, on the study of the laws and the constitutional jurisprudence on two relevant matters: the regulation of abortion; and the in vitro fertilization, the use of embryos their tissues and organs. The legislator and the decisions of the Constitutional Court have opted for gradualist protection of the embryo that leaves many questions open from the perspective of the right to life (Article 15 SC) and human dignity (Article 10.1 SC).

scholarly journals PENALTIES OF UNWARY MURDERS IN UKRAINIAN CRIMINAL LAW

2018 ◽  
Vol 64 ◽  
Author(s):  
G.Z. Yaremko
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Criminal Code ◽  
Special Part ◽  
General Norm

The punishment of unwary murders in articles of the Special Part of the Criminal Code of Ukraine are analized. Punishments are depicted in charts. The basis of comparison is the sanction in the general norm. The legislator's errors in the part of the unqualified punishment are shown. Mostly legislator created "privileged" compositions of unwary murders in cases where there is actually an increased public danger. Decriminalization special norms about unwary murders the Special Part of the Criminal Code of Ukraine is offered. At the same time, the general norm (Article 119 of the Criminal Code of Ukraine) is able to protect the human life from unwary murders.

scholarly journals PARADIGM OF DEATH PENALTY (COMPARATIVE STUDY IN INDONESIA, SAUDI ARABIA AND CHINA)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Tedy Nopriandi ◽  
Risky Fany Ardhiansyah
Keyword(s):  
Saudi Arabia ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Islamic Law ◽  
Human Life ◽  
Criminal Code ◽  
Comparative Approach ◽  
Law System ◽  
The Right

The death penalty is one of old criminal type as the age of human life, and the most controversial crime in of all criminal systems, both in countries that adhere to the Common Law System and in countries that embrace Civil Law, Islamic Law and Socialist Law. There are two main thoughts about the death penalty, namely: first, those who want to keep it based on the force provisions, and second are those who wish to the abolition as a whole. Indonesia includes a country that still maintains capital punishment in a positive legal system. This paper aims to resolve problems of the death penalty concept concerning the controversy purpose of the death penalty and to analyze the regulations, procedures and philosophies regarding the death penalty in Indonesia, Saudi Arabia and China. This paper uses normative juridical research and the methods based on the doctrine and developed by the author. The approach used the legal approach, historical approach and comparative approach, then analyzed by the customary method.The result of the study shows that the death penalty can be seen from the philosophical aspects of Indonesian criminal law, as well as the philosophical aspects of Islamic and Chinese criminal law. So that everything can not be separated from the essential legal objectives, namely for the creation of justice. Death penalty in Islamic law turns out the concept of restorative justice specifically for the crime of deliberate killing (al-qatl al-'amd), which the execution highly depends on the victim’s family. The victim’s family, in this case, has the right to choose whether qisas (death penalty) or their apologize for the murder suspect, and diyat payment. While China in the implementation of death penalty applies the concept of rehabilitation, which in the execution of the death penalty is called a death penalty delay for two years and in its implementation, the defendant is given a job and control them. Whereas in Indonesia, capital punishment is a specific criminal offence and threatened with alternatives and is still a draft Criminal Code.

scholarly journals Codification of Criminal Law in the First Years of the Soviet Rule: From Continuity to Independence

Lex Russica ◽  
2019 ◽  
pp. 154-160
Author(s):  
S. N. Tokareva
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Public Order ◽  
Soviet Rule ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Political Reality ◽  
The Russian Empire

The relevance of the work lies in the study of regulatory legal acts of the Soviet rule, which became the first experience of creating norms of law in the changed socio-political reality, based on new principles, including criminal law.The purpose is to analyze the Guidelines on the criminal law of the RSFSR of December 12, 1919, revealing the features of the content of the document.In the process of research, general scientific methods of the sphere of humanitarian knowledge (e.g. system, structural and functional) were used. Special methods were also applied: technical and legal analysis, specification, interpretation, historical description. Legal experience is analyzed from the standpoint of the relationship of events and phenomena, as well as taking into account their development in a specific historical situation.As early as the end of 1917 the RSFSR People’s Commissariat of Justice headed by the left SR I.Z. Steinberg announced the creation of the Soviet criminal code. The developed document is recognized as an independent normative act, a monument of criminal law, which corresponded to the principle of continuity and was transitional between the legislation of the Russian Empire and the RSFSR.When the leadership of the RSFSR People’s Commissariat of Justice became bolshevik, a working group was created, and as a result, on December 12, 1919, Guidelines on the criminal law of the RSFSR were adopted. The document was the first existing codified act in the field of Soviet criminal law.The guidelines are a small text, the content of which resembles the general part of criminal law. Despite this, it has several fundamental differences from the previous legislation. The main mechanism is repression, and the priority is the interests of workers.The crime is considered as a violation of the order of social relations protected by criminal law. It is defined as an act or omission of an act dangerous for public relations, causing the need for the state authorities to fight against criminals. Despite the fact that the Guidelines identified the stages of the crime, they did not affect the measure of repression, which is determined by the degree of danger of the offender.The task of punishment is to protect public order from the offender and prevention of a crime. Punishments appear in the form of adaptation of the criminal to public order, isolation and, in exceptional cases, physical destruction. However, the punishment should not cause unnecessary and excessivr suffering to the offender. In general, the Guidelines became the basis for the further development of legal doctrine and criminal law, as well as directed the vector of law enforcement activities of new judges.

scholarly journals Circumstances excluding the criminal act, in the criminal law of Russia and Vietnam

2020 ◽  
Vol 2020 (2) ◽  
pp. 229-240
Author(s):  
Sergey Milyukov ◽  
Andrei Nikulenko
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Comparative Method ◽  
Legal Regulation ◽  
Criminal Code ◽  
Socialist Republic ◽  
Advantages And Disadvantages ◽  
Law Enforcement Officials ◽  
The Right ◽  
Criminal Legislation

the article describes the circumstances excluding criminality of the act in the criminal legislation of the Russian Federation in comparison with the corresponding Chapter of the criminal law of the Socialist Republic of Vietnam. A comparative analysis of the content of the norms regulating lawful harm is made. A number of issues related to the use of weapons by law enforcement officials in Russia and Vietnam were raised. Using the comparative method, the authors try to investigate the relevant norms, identify the advantages and disadvantages of legal regulation of circumstances that exclude the criminality of an act. note that the authors are in the position of expanding the range of circumstances that exclude the criminality of the act, which are subject to normative consolidation in the criminal legislation. Moreover, in view of the ambiguous and often inconsistent practice of applying criminal legislation in this area, it is proposed that in the further reconstruction of the relevant norms of Chapter 8 of the criminal code, use a casual way of presentation to create the most understandable for citizens wording of norms that allow lawfully cause harm to public relations protected by criminal law. Otherwise, the very fact of their existence in criminal legislation is called into question because of the inability and unwillingness of citizens to use the right granted by law. Possible ways of resolving contradictions in the criminal legislation of Russia and Vietnam are suggested.

scholarly journals Medical activities and innocent cause of harm: criminal legal aspects

2021 ◽  
Vol 39 (3) ◽  
pp. 144-150
Author(s):  
V. N. Voronin ◽  
Keyword(s):  
Public Relations ◽  
Medical Care ◽  
Criminal Law ◽  
Research Methodology ◽  
Legal Aspects ◽  
Criminal Code ◽  
Legal Analysis ◽  
Medical Worker ◽  
Scope Of Application ◽  
The Subject

The subject of the research is public relations in the field of application of art. 28 of the Criminal Code RF ("Innocent infliction of harm") in relation to medical workers. The author reveals certain problems of establishing a case (case) in case of defects in the provision of medical care, as well as the actions of a doctor in connection with neuropsychic overloads. The author proposes grounds for expanding the scope of application of art. 28 of the Criminal Code and minimization of the criminal law risk of a medical worker. The article presents and systematizes the main theoretical views on innocent harm in medicine, and also examines the available practical cases. The research methodology is based on private methods of legal analysis and legislative technique

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