Mistake: a Right or a Crime. Overview of XVI International Research-to-Practice Conference Dedicated to the Memory of M. I. Kovalyov

2019 ◽  
pp. 78-89
Author(s):  
Ivan Kozachenko ◽  
Danil Sergeev ◽  
Aleksandr Vasil’ev
Keyword(s):  
Criminal Law ◽  
International Research ◽  
The Other ◽  
Business Risk ◽  
Research To Practice ◽  
Other Hand ◽  
Judicial Errors ◽  
The One

The conference dedicated to the memory of the founder of the Ural scholarly tradition of criminal law and criminology professor M. I. Kovalyov (1922–2001) was held in Yekaterinburg on 13–16 February 2019 and united more than 300 scientists and experts from Belarus, Germany, Kazakhstan, Italy, Russia, Serbia, and USA. The topic of the meeting was «Mistake: a Right or a Crime». It was emphasized that the response to mistakes is dual: оn the one hand, a mistake is allowed (errare humanum еst) and, on the other hand, any mistake gives rise to responsibility. The participants discussed a variety of legal approaches to interpretation, classification and penalization of professional mistakes, which make it difficult to find a balance of right and responsibility when dealing with professional errors. It was also mentioned that a mistake can be made not only by the person who committed the crime, but also by the legislator himself. The issue of the responsibility of state bodies and officials for the non-correction of legislative errors was raised. Mistakes which could be made by advocates, notaries and businessmen were considered. In particular, some rapporteurs made an attempt to differentiate business risk and a criminal mistake (or a crime). The debate on judicial errors and malpractice also took place.

KOMORNIK SĄDOWY – FUNKCJONARIUSZ PUBLICZNY CZY PRZEDSIĘBIORCA?

2018 ◽  
Vol 17 (1) ◽  
pp. 17-35
Author(s):  
Jacek Janusz Mrozek
Keyword(s):  
Civil Procedure ◽  
The Other ◽  
Legal Regulations ◽  
Business Risk ◽  
Other Hand ◽  
Material Costs ◽  
The One

This article attempts at analysing the current and drafted legal regulations concerning courtexecutive officers and execution as well as the civil procedure as regards the court executive officers’legal status. Allowance is made for their hybrid position in the system: on the one hand, they performpublic authorities’ functions; on the other hand, they conduct activities in a self-employed capacity,based on full business risk related e.g. to the high personnel and material costs.

scholarly journals Constitutional basis of commensuration and proportionality of criminal punishment

2021 ◽  
Vol 2021 (3) ◽  
pp. 73-81
Author(s):  
Ol'ga Guzeeva
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
The Other ◽  
Constitutional Court ◽  
Criminal Punishment ◽  
Other Hand ◽  
The Russian Federation ◽  
The One ◽  
Law Regulation

In the matter of concretizing the constitutional basis of criminal law regulation, the task of building a system of criminal punishments and the rules for their appointment that is adequate to the constitutional basis is of great importance. In its decisions, the Constitutional Court of the Russian Federation formulated a number of legal positions, which, on the one hand, confirm the already existing criminal law decisions, and on the other hand, act as a fundamental guidance for all subsequent decisions, serve as a criterion for checking the constitutionality of criminal law regulations. Based on the generalization and analysis of the practice of the Constitutional Court of the Russian Federation, the article presents the main requirements, the observance of which is intended to ensure the commensuration and proportionality of criminal punishment as a means of limiting the rights of a person who has committed a crime. Among these requirements, priority is given to: the prohibition of cruel, inhuman and degrading forms of punishment; limiting the punitive treatment on the person who committed the crime, exclusively within the framework of criminal responsibility; differentiation of criminal punishment and the rules for its appointment while observing the principle of legal equality; commensuration and proportionality of the punishment established by law and imposed by the court on the grounds for the application of measures of criminal responsibility; potential and real ability of punishment to ensure the achievement of the goals of criminal law impact.

scholarly journals Appraisal-Based and Flexible Approaches to External Precedent in International Criminal Law

2015 ◽  
Vol 28 (3) ◽  
pp. 643-664 ◽  
Author(s):  
ALDO ZAMMIT BORDA
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Legal Framework ◽  
The Other ◽  
International Criminal Law ◽  
Flexible Approach ◽  
Judicial Decisions ◽  
Other Hand ◽  
The One ◽  
Principle Of Legality

AbstractThis article focuses on the approaches of international criminal judges to using external precedent, distinguishing between the appraisal-based and flexible approaches. On the one hand, the appraisal-based approach refers to uses of external judicial decisions which are preceded by an express legal appraisal. On the other hand, the flexible approach denotes a less stringent use of such decisions. It finds that, in a number of cases, international criminal judges have adopted a flexible approach to decisions and have assimilated them within the legal framework of the referring court or tribunal without the necessary adjustment. This may have important implications for the principle of legality and the fairness of the proceedings. The paper indicates that the adoption of either the appraisal-based or flexible approaches to external judicial decisions is not necessarily linked to the specific legal backgrounds of the judges involved, and different judges hailing from varying legal backgrounds have shifted between these approaches in different cases. This suggests that there is need for greater rigour in the judicial methodology for using external judicial decisions and, in particular, the importance of the appraisal-based approach to using such decisions, to ensure their the congruence with the legal framework of the referring court or tribunal.

Mental Coercion on the Perpetrator as a Form of Complicity in Bulgarian Criminal Law

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Rusi Alexiev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Activity ◽  
The Other ◽  
Other Hand ◽  
The One

The article deals with the issue of complicity in the commission of a crime between a person who exercises mental coercion on another in order to motivate him/her to commit a crime, and the person in respect of whom coercion has been exercised. It provides an answer to the questions of whether it is possible for the coercive person and the coerced person to appear as co-perpetrators of a crime, in what hypotheses and how the behaviour of the coercive person should be qualified. Hypotheses have been discussed in which the coercer instigates and helps another person in commiting the crime for which he/she has been coerced. The paper also provides a proposal for qualification of the coercive person’s criminal activity and considers the institute of complicity through mental coercion. A distinction has been made between cases of complicity between the coercer and the coercee on the one hand, and those in which there is mediocre perpetration on the part of the coercer on the other hand. The article would be useful to legal practitioners in qualifying some specific hypotheses of complicity in a crime when one of the persons involved in the crime is subject to coercion.

scholarly journals Economization of the criminal law branch: problem formulation directions of optimization

2021 ◽  
Vol 108 ◽  
pp. 02001
Author(s):  
Elena Aleksandrovna Antonyan ◽  
Elena Gennadyevna Vayankina ◽  
Svetlana Viktorovna Sheveleva ◽  
Natalia Sergeevna Petrishcheva
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Correlation Method ◽  
Problem Formulation ◽  
The Other ◽  
Criminal Prosecution ◽  
Structural Method ◽  
Scientific Publications ◽  
Other Hand ◽  
The One

The need for legislative clarification, and, in some cases, for the consolidation of those institutions of criminal law in conjunction with criminal executive legislation, which are aimed at optimizing the current financial costs in connection with the implementation of criminal law, becomes obvious against the background of the desire for a general humanization of criminal policy and the economic crisis observed not only in Russia, but at the international level. Currently, a theoretical and methodological substantiation of the economization of the criminal law branch including the development of methods, principles, tools for state costs reduction at all stages of criminal prosecution, including using the organizational and economic mechanism of the penal system is required. The cost of the criminal law mechanism is due to the need, on the one hand, to ensure the rights of persons who have committed a crime, on the other hand, to protect the victims and minimize the consequences of the harm caused. The purpose hereof is to identify the internal reserves of individual institutions of criminal and penal legislation to determine new areas of optimization of savings in the criminal law branch by reducing the costs of criminal prosecution, on the one hand, and increasing budgetary profitability in the implementation of criminal legal institutions of a property nature, on the other hand. The work uses general scientific, specific scientific and special methods traditional for theoretical and applied legal research – the method of comparative jurisprudence, law interpretation method, systemic-structural method, statistical method, correlation method, content analysis of scientific publications, various types of extrapolation, etc. The novelty of the scientific research lies in a fundamentally new approach to the assessment of criminal law in conjunction with criminal executive legislation to find optimal solutions aimed at increasing the profitability of criminal law institutions and finding mechanisms for material support for victims.

Recent Developments In International Criminal Law:Trying To Stay Afloat Between Scylla And Charybdis

2005 ◽  
Vol 54 (3) ◽  
pp. 691-704 ◽  
Author(s):  
Olivia Swaak-Goldman
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
The Other ◽  
International Criminal Law ◽  
International Crimes ◽  
Other Hand ◽  
Recent Developments ◽  
The One

An analysis of recent development in international criminal law shows the emergence of two countervailing trends: on the one hand a broadening trend, in that the various prosecutorial meansused to hold individuals accountable for violations of certain international crimes has expanded; and on the other hand a narrowing trend, in that the protection from prosecution afforded by international law to certain individuals, that once seemed to falter, has been reinstated.

Judicial Cognizance of Guilt-Consciousness

1993 ◽  
Vol 27 (1-2) ◽  
pp. 59-83
Author(s):  
Haim H. Cohn
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Mens Rea ◽  
Psychology And Law ◽  
Other Hand ◽  
Anthropological Research ◽  
Actus Reus ◽  
Mental Element ◽  
The One

The term “guilt” connotes many different phenomena: theology, philosophy, ethics, psychology and law all contributed to the variety of connotations. It is not my purpose, nor do I pretend to engage in etymological or anthropological research into the evolution of the various aspects and concepts of guilt: I shall try to describe and distinguish only those phenomena of guilt of which judges may have to take cognizance for the proper exercise of punitive discretion.First and foremost, there is “guilt” within the meaning of criminal law. On the one hand, guilt is spoken of as denoting the mental element in crime: the guilt of one who committed a criminal act — actus reus — presupposes the criminal mind — mens rea; or, an actus reus is transformed into guilt by the supervenience of mens rea. Whether the mens rea is intent or wilfulness, or only negligence or recklessness, does not affect the incidence of guilt, but may well raise the question of degree of guilt. On the other hand, “guilt” is the result of a verdict to the effect that the accused is criminally responsible (“finding of guilty”), and it is in this sense that the accused may “plead guilty”.

scholarly journals Prostitución: ¿qué castigar? Trabajadoras, burdeles, rufianes y clientes

2019 ◽  
pp. 51-104
Author(s):  
Mariona Llobet Anglí
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Social Benefits ◽  
Other Hand ◽  
Central Objective ◽  
The One

The present investigation analyzes the legal treatment of prostitution and its form of punishment when it is done coercively. From a Criminal Law perspective, there is some debate on whether it is necessary to expand the field of potential authors who, in some way, obtain economic or social benefits from prostitution:. Among the first are, on the one hand, the non-coercive pimps, basically, the owners of brothels and hostess clubs and ruffians, and, on the other hand, those who practice prostitution. Among the second are the customers. This article looks at the different models that speak of the punishment of this practice and exposes its characteristics, and then goes on to develop its central objective that to analyze the legitimacy of such models from a criminal perspective, which implies to investigate the basis of the punishment of the behaviors whose criminalization is defended.

Stories and the Self

2020 ◽  
Vol 32 (2) ◽  
pp. 47-58 ◽  
Author(s):  
Stefan Krause ◽  
Markus Appel
Keyword(s):  
Meta Analysis ◽  
The Self ◽  
The Other ◽  
Lower Degree ◽  
Contrast Effects ◽  
Self Perception ◽  
Self Perceptions ◽  
Other Hand ◽  
The One ◽  
Implicit And Explicit

Abstract. Two experiments examined the influence of stories on recipients’ self-perceptions. Extending prior theory and research, our focus was on assimilation effects (i.e., changes in self-perception in line with a protagonist’s traits) as well as on contrast effects (i.e., changes in self-perception in contrast to a protagonist’s traits). In Experiment 1 ( N = 113), implicit and explicit conscientiousness were assessed after participants read a story about either a diligent or a negligent student. Moderation analyses showed that highly transported participants and participants with lower counterarguing scores assimilate the depicted traits of a story protagonist, as indicated by explicit, self-reported conscientiousness ratings. Participants, who were more critical toward a story (i.e., higher counterarguing) and with a lower degree of transportation, showed contrast effects. In Experiment 2 ( N = 103), we manipulated transportation and counterarguing, but we could not identify an effect on participants’ self-ascribed level of conscientiousness. A mini meta-analysis across both experiments revealed significant positive overall associations between transportation and counterarguing on the one hand and story-consistent self-reported conscientiousness on the other hand.

Radioimmunotherapy for treatment of acute myeloid leukaemia and myelodysplastic syndrome

2005 ◽  
Vol 44 (03) ◽  
pp. 107-117
Author(s):  
R. G. Meyer ◽  
W. Herr ◽  
A. Helisch ◽  
P. Bartenstein ◽  
I. Buchmann
Keyword(s):  
Acute Myeloid Leukaemia ◽  
Myeloid Leukaemia ◽  
Primary Tumour ◽  
The Other ◽  
Haematopoietic Stem Cell ◽  
Other Hand ◽  
Primary Reduction ◽  
The One ◽  
Acute Myeloid

SummaryThe prognosis of patients with acute myeloid leukaemia (AML) has improved considerably by introduction of aggressive consolidation chemotherapy and haematopoietic stem cell transplantation (SCT). Nevertheless, only 20-30% of patients with AML achieve long-term diseasefree survival after SCT. The most common cause of treatment failure is relapse. Additionally, mortality rates are significantly increased by therapy-related causes such as toxicity of chemotherapy and complications of SCT. Including radioimmunotherapies in the treatment of AML and myelodyplastic syndrome (MDS) allows for the achievement of a pronounced antileukaemic effect for the reduction of relapse rates on the one hand. On the other hand, no increase of acute toxicity and later complications should be induced. These effects are important for the primary reduction of tumour cells as well as for the myeloablative conditioning before SCT.This paper provides a systematic and critical review of the currently used radionuclides and immunoconjugates for the treatment of AML and MDS and summarizes the literature on primary tumour cell reductive radioimmunotherapies on the one hand and conditioning radioimmunotherapies before SCT on the other hand.

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