Criteria for differentiation of criminal liability for fraud committed with the use of electronic payment means

2021 ◽  
Vol 2021 (1) ◽  
pp. 115-120
Author(s):  
Vladimir Leschenko
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Rapid Development ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Activity ◽  
Digital Economy ◽  
Electronic Payment ◽  
Technical Application ◽  
Fraudulent Activity

The necessity of legal protection of property relations that are formed through the use of electronic payment systems established by law is due to the rapid development of the digital economy sector. The increase in crimes committed with the use of information and telecommunications technologies, marked in recent years, demonstrates to a greater extent criminal activity in the field of mercenary crimes against property, where fraud occupies a special place. The variety of new forms of fraudulent activity indicates adaptation of this crime to modern socio-legal and economic realities. Fraud has penetrated into the digital economy and poses a serious threat to the financial security of participants in this field. These circumstances have an impact on the criminal law policy of the state, which is forced to respond to emerging threats by means of criminalization and differentiation of criminal responsibility. The article discusses the criteria for differentiating criminal liability for fraud committed with the use of electronic payment methods. The author highlights and describes characteristic of qualifying features as one of the means of differentiating criminal liability for fraud committed with the use of an electronic payment method. The challenge of the research is an attempt to assess the degree of public danger of objective and subjective signs that form the basis of qualifying circumstances, as well as to formulate proposals for clarifying their definition, legal and technical application in the construction of the criminal law norm.

scholarly journals Foreign experience of reglamentation of criminal responsibility for coercion to marriage

2020 ◽  
pp. 58-69
Author(s):  
Inna Syngaivska
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Family Relations ◽  
Criminal Liability ◽  
Legal Protection ◽  
Alternative Methods ◽  
Forced Marriage ◽  
Marriage And Family ◽  
Foreign Countries ◽  
Istanbul Convention

The unification of criminal legislation is the most powerful method of international law influencing on national criminal-law systems. In accordance with the comparative legal researching of the criminal liability regulation is the accumulation of law-making practice experience in counteracting of a particular crime, in our research – counteracting of coercion to wedlock. Ukraine hasn’t ratified the Council of Europe Convention on the Prevention and Combating of Violence against Women and domestic violence; Istanbul Convention (hereinafter referred to as the «Istanbul Convention») yet, but a number of its provisions have been implemented into national law. The article 37 of Istanbul convention determines a «force marriage» and determines that parties apply all legislative or other events are needed for providing of criminal responsibility of intentional behavior, that compels adult or child to marriage. European states in dominant majority determine the coercion to marriage as a separate crime. In this context, national criminal law concerning forced marriage is assessed to be fully consistent with current trends of criminal legal protection rights, individual freedom and marriage and family relations in accordance with the criminal law of foreign countries and international treaties (e.x. Istanbul Convention)). There are two positions of coercion to marriage singled out in foreign countries legislation: as an attack on personal freedom (Norway, Germany, Switzerland, Sweden, Denmark, the Netherlands, France, Spain, Austria) and as an attack on marriage and family relations (Bulgaria, Belgium, Montenegro, Serbia). According to criminal law of Belgium, Austria, Sweden and Ukraine the responsibility for coercion cohabitation is provided, besides coercion to marry. Switzerland, legislator singles out a special form of coexistence – forced registration to same-sex partnership. The use of violence and threats of violence are typical and alternative methods of coercion to marriage. However, there are some exceptions as: forced marriage under the threat of breach or termination of family relationships with family members; threat of slander and use of direct slander. According to Article 151-2 of Ukrainian Criminal Code «coercion» is a crime-forming feature, which is determined by a socially dangerous and unlawful act. Forming a criminal law prohibiting of forced marriage, Ukrainian legislator doesn’t follow the list of socially dangerous methods, leaving the interpretation of this issue for law enforcement practice. In regard to the issue of punishment for coercion to marriage European legislators have unequivocal position and determine the punishment in the form of imprisonment. Appropriate legislative experience of the foreign countries should be borrowed in order to harmonize of the national coercion marriage legislation. We recognize that it is expedient to define a fine as a compulsory additional penalty for coercion, in view of sentencing courts practice. Key words: coercion to marriage, coercion to enter dormitories, criminal liability, crimes against freedom, honor and dignity of a person.

The “Kouwenhoven” Case

2019 ◽  
Vol 181 ◽  
pp. 568-704
Keyword(s):  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Criminal Liability ◽  
Criminal Activity ◽  
War Crimes ◽  
International Criminal Law ◽  
Post Conflict ◽  
Arms Embargo ◽  
Witness Statements

Economics, trade and finance — Economic sanctions — Liberia — UN Security Council Resolutions 1343 (2001) and 1408 (2002) — Implementation of arms embargo under Dutch law — Whether sanctions regime violatedInternational criminal law — Difference between perpetrator and accomplice liability — Complicity in war crimes — Requirement that defendant promoted or facilitated the commission of war crimes — Conditional intent — Whether defendant consciously accepted the probability that war crimes would be committed in connection with his material support — Risk of doing business with a government engaged in international criminal activityInternational criminal law — Evidence — Admissibility and weight of witness statements — Factors relevant to assessing witness statements obtained in post-conflict environment — Coercion of witnesses — Whether inconsistencies in witness statements requiring acquittalInternational criminal law — Circumstances excusing unlawful conduct — National emergency — Whether violations of arms embargo and laws and customs of war justified by right to self-defence under international lawJurisdiction — Universal jurisdiction — War crimes — Prosecution of a Dutch national for offences committed abroad — Whether conduct of investigation by Dutch authorities making prosecution inadmissible — Whether amnesty scheme in Liberia barrier to prosecution — No violation of fair trial rightsWar and armed conflict — Existence of armed conflict — Whether armed conflict international or internal — Limited gap between norms applicable to international versus non-international armed conflict — Whether violations of laws and customs of war giving rise to individual criminal liability under Dutch law — The law of the Netherlands

scholarly journals Liability in the field of digital payment systems and cryptocurrencies: mission is (im)possible?

2021 ◽  
Vol 10 (42) ◽  
pp. 186-195
Author(s):  
Liydmyla Panova ◽  
Siuzanna Tsurkanu ◽  
Oleh Synieokyi ◽  
Zoriana Dilna ◽  
Ivan Prymachenko
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Legal Regulation ◽  
Electronic Payment ◽  
Payment Systems ◽  
Legal Method ◽  
Internet Users ◽  
System Method ◽  
International Comparative

An electronic payment system is a system of settlements between different organizations and Internet users when buying or selling goods or services over the Internet. The relevance of the research topic is that electronic payment systems are used widely at the present stage of the development of society. This area has not escaped criminal activity. Penalties for digital payment systems and cryptocurrencies should be commensurate with the level of damage caused. The article analyzes the international legal establishing liability for this type of crime. At the instant, it remains an open question for further study of the legal status of cryptocurrency in different countries and the settlement of penalties for violations in the field of digital payment systems and cryptocurrency. Research methods: comparison, observation, analysis, synthesis, analogy, the system method, generalization method, and formal-legal method. According to the results of the study, the international comparative aspect of the types of liability for offenses in the field of digital payment systems was analyzed; the issue of criminal liability for offenses in the field of digital payment systems and cryptocurrencies, as a key punishment for these actions; identified means of protection of payment systems; the issue of legal regulation of cryptocurrency in different countries.

scholarly journals Inchoate aspects of Attempted Crimes: Revisiting Criminal Law for its effective Management

2019 ◽  
Vol 8 (2S7) ◽  
pp. 391-395
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Activity ◽  
Mens Rea ◽  
Effective Management ◽  
Actus Reus ◽  
Element Approach

Actus Reus is known as the external element of the objective component of Criminal Law. Mens Rea, the guilty intention, determines the criminal responsibility. Mens Rea and Actus Reus both are the components of a criminal activity that determines the liability of the accused person. An action carried out in furtherance of criminal activity doesn’t become an attempted crime unless it is confirmed by the illegality for which it was conducted. An attempted crime is an action that reveals the illegal intention on its face. The aspects of a crime such as the Mens Rea, Actus Reus, intentional crime, unintentional act caused as a result of carelessness, motivates to indulge in violating the provisions of law. The four theories of law such as the rule of proximity, the test of unequivocally, the indispensable element approach and the test of social danger are the elements of a crime.

scholarly journals CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

Criminal law measures to combat provocation of crimes and falsification of criminals

2021 ◽  
pp. 127
Author(s):  
Viktor N. Borkov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Aspects ◽  
Theory And Practice ◽  
Criminal Prosecution ◽  
Actual Problem ◽  
The Individual

The article examines the criminal-legal aspects of the actual problem of protecting the inviolability of the individual from the unacceptable activity of state representatives in the exercise of law enforcement functions. Topical issues for theory and practice of the legal nature of the provocation of crime and the falsification of criminals remain debatable. There are no unified approaches to the qualification of provocative and inflammatory actions and cases of "throwing" objects to citizens, for the turnover of which criminal responsibility arises, there is no theoretical justification for the criminal legal status of persons provoked to commit a crime. The article shows that the qualification of common cases of provocation of crimes and falsification of criminals according to the norms providing for liability for abuse of official authority, falsification of evidence or the results of operational investigative activities should be recognized as not accurate. At the same time, responsibility for these actions committed by subjects who are not officials, and without the participation of the latter, has not been established at all. The author proposes a draft criminal law provision providing for liability for inducing to commit a crime or its staging in order to illegally create grounds for criminal prosecution. The paper questions the approach according to which a person provoked by law enforcement officers to commit a crime is not subject to criminal liability regardless of the specifics of the encroachment.

Improvement of the Legislation of Ukraine as to the Provision of the Protection of Banking in the Conditions of European Integration

2018 ◽  
Vol 8 (7) ◽  
pp. 2165
Author(s):  
Alyona M. KLOCHKO ◽  
Nikolai P. KURILO ◽  
Svetlana I. ZAPARA ◽  
Irina V. ARISTOVA ◽  
Mykola I. LOGVINENKO
Keyword(s):  
Banking Sector ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Banking System ◽  
Legal Protection ◽  
Legal Regulation ◽  
External Threats ◽  
Banking Activity ◽  
Banking Institutions ◽  
Criminal Legislation

Euro-integration course of Ukraine has caused an intensive development of its banking sphere. The inconsistency between the possible legislative consolidation of criminal responsibility for socially dangerous acts in the banking sector and the objective needs of society in such protection becomes more and more obviousis in Ukraine. The processes of ‘clearing’ the banking system from financial institutions that are insolvent along with the positive results have led to an increase in the level of criminalization of the banking sector. Abuses aimed at taking possession of money from creditors and borrowers of banking institutions have become widespread. External threats to the stable functioning of the banking sector are combined with internal misconduct of unscrupulous bank managers, officials and persons related to the banks. Approaches to legislative regulation of suspicious banking transactions and to identify their real volumes must be improved. The measures aimed at reducing of the level of criminalization of the banking sphere by establishing criminal liability of managers and persons connected with the bank for unlawful acts in the banking sector must be taken. The certain issues of legal regulation of banking activity in Ukraine on criminal legal level are considered. The provisions of international law on these matters are  analyzed and the main ways to optimize Ukranian criminal legislation to ensure the safety of banking activity are suggested. It turns out that the need for criminal legal protection of banking is conditoned by an increase in the public danger of these acts at the present stage of the functioning of society. This need is also confirmed by the crisis in the financial and banking spheres of the state, the need to eliminate the gaps in the current legislation on banking safety and the changes that took place in the banking sector of Ukraine in the context of increased integration with the EU.

Historical Conditionality of the Institute of Bribe Offering and Promising

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Olga Semykina
Keyword(s):  
Case Studies ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Criminal Code ◽  
Material Wealth

The article discusses criminalization trends in the Russian criminal law of the institute of bribe offering and promising. Analyzing the rules on liability for bribery in the criminal law in mid XIX — early XX centuries, the author comes to the conclusion about historical conditionality of the review of legislative approaches to enshrine in the Russian Criminal Code the institute of bribe offering and promising in favor of recommendations of anticorruption standards. The study attempts to justify the possibility of introducing criminal liability for bribery not only in articles 290, 291 of the Russian Criminal Code, but also in other articles of the Code, that include giving and accepting any material wealth or other benefits as a criminal-forming characteristic (for example, in Articles 201—204, 285—286, 309). Thus, this article raises the issue of presence of a set of special hybrid rules in the Russian Criminal Code, forming part of the institute of criminal liability for offering and promising certain benefits. The author identifies and confirms by modern case studies three models of criminalization of bribe offering and promising or abuse of powers and recognizing them completed at an earlier or later stage of criminal activity.

scholarly journals Money laundering, cybercrime and criminal responsibility of legal persons

2019 ◽  
Vol 3 (5) ◽  
pp. 231-279
Author(s):  
Miguel Abel Souto
Keyword(s):  
Money Laundering ◽  
Police Officers ◽  
New Technologies ◽  
Service Providers ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Legal Framework ◽  
Monitoring And Control ◽  
Technical Improvement

Directives 2015/849, and 2018/843 on Money Laundering require continuous adaptations of the legal framework to respond to threats of the use of new technologies in money laundering. Directive 2018/843 extends the scope of Directive 2015/849 to providers engaged in exchange services between virtual currencies and fiat currencies as well as custodian wallet providers. Undoubtedly, the new payment systems facilitate money launderers’ criminal activity. These systems are better than cash for moving large sums of money, non-face to face business relationships favour the use of straw buyers, and false identities, the absence of credit risk, as there is usually a prepaid payment, discourages service providers from obtaining a complete, and accurate customer information, and the nature of the trade, and the speed of transactions make it difficult to control property or freezing. However, the development of technologies, including the internet, has unquestionable advantages involved and even provides, through online resources, verification of identity, or other duty of surveillance, for the prevention of money laundering. In addition, the reform of June 22, 2010 introduced in Spain the criminal liability of legal persons, and incorporated money laundering together with other crimes to this innovative model of criminal responsibility. Soon after, Organic Law 1/2015, of March 30, modified the hereto barely applied regulation. Itis quite surprising that Organic Law 1/2015 boasts of making a technical improvement, as it incurs obvious contradictions by exempting criminal liability to legal persons for a money laundering, that should not have existed due to the adoptionand effective execution of suitable or adequate compliance programs to prevent it, as well as taking into account to limit the punishment non-serious breaches of supervisory, monitoring, and control duties, when letter b) of the first paragraph of article 31 bis only takes into consideration serious breaches of those duties. Already in 2010, in order to introduce the criminal liability of legal persons, the Spanish Legislator invoked the alleged need to comply with international commitments. However, this model of responsibility was not mandatory, because international agreements normally only require effective, proportionate, and dissuasive sanctions. In addition, managers and executives, who have not adopted an effective compliance program, will be held liable together with the company, given that now all act as police officers. In conclusion, the use of dummy corporations for money laundering is frequent, as it is evidenced by the judgments of theSupreme Court of June 26, 2012, and February 4, 2015, but until recently, the accessory consequences and the doctrine of piercing the corporate veil were sufficient.

scholarly journals Some Aspects of Criminal Liability for Sports Injuries

2014 ◽  
Vol 14 (2) ◽  
pp. 59-69
Author(s):  
Bronislava Coufalová ◽  
Jan Pinkava
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Sports Injuries ◽  
Criminal Liability ◽  
Strict Adherence ◽  
The Rule Of Law ◽  
Internal Relations ◽  
Legitimate Interests ◽  
The Subject ◽  
Individual Sports

Abstract The essence of the problem of using criminal law to affect sports injuries caused in sport lies in the fact that the means of criminal law to interfere in sport or not. From this perspective, we talk about two theories: the theory of absolute immunity sports and the theory of strict adherence to the rule of law. These two concepts are supplemented by a number of theories that perspective as an autonomous system that contains its own rules of conduct that regulate internal relations in sports. In the event that disciplinary liability is not sufficient in this case, can be applied liable under civil and administrative law. In the most serious cases, the possibility of protecting the rights and legitimate interests in sport according to the norms of criminal law. The subject of this article is selected aspects of criminal responsibility in different sports, both individual and collective. From individual sports we mainly deal with skiing. The contact sports in this article will be football, hockey and rugby.

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