scholarly journals INTEGRATIVE FUNCTION OF THE SOCIALLY DANGEROUS CONSEQUENCES OF CRIMINAL OFFENSE

2021 ◽  
pp. 138-143
Author(s):  
I. YU. SHCHERBININA
2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Gusti Muhammad Ihsan Perdana

 Legislative election in distric Tapin was spotted with a vote, conducted by members of the Commission, M. Zainnoor Wal Aidi Rahmad win a legislative candidate from the Golkar Party, namely Bambang Herry Purnama the 2014-2019. Elections Honorary Council for General Election Organizer of the Republic of Indonesia as No. 15 / DKPP-PKE-III / 2014 has imposed sanctions on Zainnoor Wal Aidi M. Rahmad form of dismissal remain as a member of the Tapin district Elections Commission since the verdict was read. Rantau’s District Court in its decision No. 135 / Pid-Sus /2014/PN.Rta, Bringing the sanctions in the form of imprisonment for 10 months with the criminal provisions do not need to be run in the future unless is another command in the verdict that convicted before time trial during the 12 (twelve months) ends have been guilty of a criminal offense and a fine of Rp. 10,000,000.00 (ten million). Dismissal sanctions remain to perpetrators as member of the district KPU Tapin have sense of fairness, but the connection with the criminal charge of criminal trials less reflectjustice for his actions that allow offenders not sentenced to imprisonment and the other party can not do the same.Keywords: Elections Tapin distric, Inflation Voice, Sanctions


Author(s):  
Mariia Sirotkina ◽  

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".


2017 ◽  
Vol 41 (S1) ◽  
pp. S583-S583
Author(s):  
T. Amirejibi

Current research presents five case studies of maternal neonaticide in Georgia. Participants were under the age of thirty, with incomplete secondary education, unemployed, dependent on their families’ low income, living in the rural areas of Georgia. In three cases, participants resided with their family of origin. They were not married or in a relationship with the father of the child. They described their families and communities as conservative, holding strong cultural/religious beliefs against premarital sexual relations/childbirth out of wedlock. They lacked problem solving and coping skills, avoided making decisions concerning the pregnancy by concealing it. This being their first pregnancy, they gave birth alone followed by panic and fear of detection, committed neonaticide and hid the body of the infant. None of them had a prior criminal record. In the remaining cases, participants were married, lived with their spouses and children, had financial hardships. Both reported psychological and physical abuse from their spouses. One of them had a prior criminal offense for possessing controlled substances. The motive for neonaticide was an unwanted child due to an extramarital affair and threat of financial abandonment from extended family. In both cases, infants suffered fatal injuries. All participants reported lack of social support and emotional neglect from family members. These results are in line with international research, suggesting that certain patterns among these mothers are shared. Psychosocial factors associated with neonaticide should be utilized in the process of planning and implementing preventive strategies in health, social and legal frameworks.Disclosure of interestThe author has not supplied his/her declaration of competing interest.


2021 ◽  
pp. 87-92
Author(s):  
Konstantin V. Karetnikov ◽  

The federal legislation views the prevention of juvenile delinquency and antisocial actions as very significant, since an offense is understood as an administrative offense and a criminal offense, and antisocial actions include other offenses. This issue is topical for young offender institutions; however, the special category of detainees implies a special category of crimes and violations of the established order of serving the sentence (disciplinary responsibility of convicts). By the end of 2020, there were 949 people in 18 young offender institutions. According to the statistics, the convicts did not commit crimes, yet there were more than 545 other violations. In the current circumstances, it is necessary to improve the prevention of offenses by focusing on specific activities in penal institutions, including active use of non-contact supervision over the behavior of convicts (stationary video cameras, portable video recorders, biometric identification means, access control and management systems). The researchers and practitioners are discussing the possibility of using electronic monitoring systems to supervise the behavior of convicts. This will allow a better quality of supervision over the special contingent and more effective preventive activities in young offender institutions.


Author(s):  
Olena Maslova ◽  

The article is sanctified to research of intercommunication of situation of feasance of criminal offence with other optional signs of objective side of composition of criminal offence. Traditionally, the situation of committing a criminal offense is attributed to the optional features of the objective side of the criminal offense. The situation of committing a criminal offense is a systemic formation, which includes a number of elements that give it a qualitative definition. Any specific situation is a certain structure with a variable number of elements that make it up. All elements of the situation are in close interaction with each other, which leads to the emergence of a particular situation. It is marked the place and time in the description of the fact of committing a criminal offense can be both separate, independent features of the objective side of the criminal offense, and components of the situation of committing a criminal offense, as the conditions that create the situation must be territorially and temporally defined. Influence relationship between the situation of a criminal offense with such an optional feature of the objective party as a way of committing a criminal offense, because often the way of committing a criminal offense along with the situation of committing a criminal offense is a sign of basic or qualified criminal offense. The situation of committing a criminal offense affects the choice of a particular method of committing a criminal offense, thereby determining the presence and degree of public danger of criminal encroachment. The situation of committing a criminal offense as a certain environment, the external environment determines the nature of a socially dangerous act and the means and tools of its commission. The possibility of a socially dangerous act causing harm depends not only on the act itself, but also on the situation in which it is carried out, which in turn determines the subject's choice of means or tools to commit such an act under appropriate conditions. In a particular case, the combination of the situation and the means or tools of committing a criminal offense, provides a qualitatively new level of public danger.


Author(s):  
SONA MKRTCHIAN ◽  

The purpose of the research is to identify the most successful ideas and legal techniques used in international law regarding regulations of defense against criminal offences in the sphere of cybersecurity, as well as blockchain functioning and cryptocurrency turnover. Results. On the basis of the positive international experience in regulating the criminal legal protection of relations in the last-mentioned sphere, the following directions for improving Russian criminal legislation were formulated: 1) fixation of the fair limits of the criminal administrative liability for defendant in reliance on the level of public danger of his personality and his offences; 2) creation of the formally defined crimes against computer information; 3) criminalization of some actions that precede cybercrimes; 4) expansion in the number of the mentioning of the sign "by interfering in the functioning of the resources of the storing, processing or transmitting computer information or data telecommunications network" as an essential or aggravating elements of crimes, typically committed with the use of information technologies (for example, in the articles number 133, 134, 135, 137, 138, 139, 146, 147, 163, 165, 240, 240.1, 241 of the Criminal Code of the Russian Federation, etc.); 5) expansion in the number of the elements of crimes combined in the chapter 28 of the Criminal Code of the Russian Federation, in reliance on the modern criminal schemes and typical criminal situations in the world of information technology; 6) expansion of the effect of the article number 274.1 of the Criminal Code of the Russian Federation on any criminal offense to the critical information infrastructure of the Russian Federation and inclusion of the additional aggravating elements in the text of this article.


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