scholarly journals The warning mechanism in the prism of responsibility under Art. 384 of the Criminal code of Ukraine (misleading of court or other authorized authority)

2020 ◽  
pp. 368-372
Author(s):  
Yuriy Glomb
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Internal Factors ◽  
The Public ◽  
Single Complex ◽  
The Will ◽  
Ethical Norms ◽  
The Individual ◽  
Modal Values ◽  
Judicial Actions

The article presents a warning mechanism aimed at overcoming the provision of perjury. The model of warnings has the form ofa single complex, the elements of which are counteraction to misleading the court or other authority. In the prism of liability under Ar -tic le 384 of the Criminal Code of Ukraine, the warning mechanism is one of the types of special warning of a specific person potentiallycapable of committing an offense. The legislator distinguishes six categories of persons whom he warns of criminal liability for misleadinga court or other authority, namely: witness, victim, expert, translator, appraiser, specialist. The strategy of reducing the crimi -nogenic potential of a person who gives evidence or testimony, conclusion or assessment, or translates should be implemented primarilythrough preventive measures.The addressee of an individual warning, which can be considered as one of the types of special warning, is a specific person (person),potentially capable of committing an offense due to external (materially encouraging circumstances, pressure from the public orparty) and internal factors, personal moral and ethical norms, customs, traditions, beliefs, personal friendship or revenge, indifference,retribution and other motives). Warning encourages the individual to take more seriously, attentively and responsibly to provide anytestimony, information, conclusion, translation; not to be indifferent to investigative or judicial actions, summonses to court, trial.In warning or imperative statements with indicative forms, the will is always expressed in relation to future action, which is clearlyperceived as an order. The strength of the influence of the volitional impulse depends on the person who perceives it. In the processof communication, the forms of the order are addressed to a person who depends on the legislator, respectively, and the nuances of theorder acquire modal values of categoricalness.The specificity of modern law is - imperative (categorical, authoritative). It is the form of imperative that does not allow changesin the previously established requirements to act accordingly. Imperative norms of law: 1) prescribe clearly defined actions; 2) establishan unambiguous exhaustive list and content of the rights and obligations of the subjects; 3) do not involve any deviations.

scholarly journals Disparitas Penuntutan Pada Perkara Tindak Pidana Penganiayaan dalam Sistem Pemidanaan di Indonesia

2019 ◽  
Vol 1 (1) ◽  
pp. 66-78
Author(s):  
Benny Leonard Saragih ◽  
Ediwarman Ediwarman ◽  
Muaz Zul
Keyword(s):  
Supreme Court ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Internal Factors ◽  
Legal Norms ◽  
The Public ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
The Republic ◽  
Substantive Law

Difference in punishment or sentencing disparity is basically a natural thing because it can be said almost no case that is really the same. Disparity becomes a problem when the range of the sentence imposed differences between similar cases so large, giving rise to injustice and can give rise to suspicions in the community. Disparities in the Criminal (disparity of sentencing) is not the same as the application of criminal offenses against the same (same offense) or the criminal acts that are dangerous to be compared (offenses of comparable seriousness) without clear justification. Based on Law No. 16 of 2004 which replaced Law No. 5 of 1991 About the Prosecutor of the Republic of Indonesia is an institution in the field of prosecution of the main authority of the public prosecutor act prosecution about what is meant by the prosecution as well as the reference to the provisions of Article 1 point 7 and Article 137 Law No. 8 of 1981 on the Law of Criminal Procedure Code (Criminal Code). Research Methods in writing this thesis carried out by the method of normative law, namely analyzing and searching for answers to the problems raised by the substantive law / legal norms contained in the rules of law, the Supreme Court Regulation (PERMA), the Supreme Court Circular, and etc. Factors that cause the disparity criminal offense namely Legislation Provisions factors, internal factors and external factors.

scholarly journals Constraints by the Public Prosecutor in Proving Aspects of Criminal Liability for Narcotics Criminals with Undercover Buy Techniques

2021 ◽  
Vol 04 (12) ◽  
Author(s):  
Trynalia Slamet Tri Wahyudi ◽  
Keyword(s):  
Criminal Responsibility ◽  
Negative Impact ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
External Factors ◽  
Advanced Technology ◽  
Public Prosecutor ◽  
Internal Factors ◽  
The Public ◽  
Internal And External Factors

Narcotics crime is one of the extraordinary crimes. In addition to the negative impact it causes, the disclosure of narcotics crimes is not easy because it is transnational in nature, is carried out in secret, organized, uses various modus operandi and uses advanced technology. Therefore, the Law on Narcotics regulates investigative techniques that can be used to uncover narcotics crimes, one of which is an undercover buy investigation technique. However, this technique sometimes also leaves its own problems in its implementation. The objective of this study is to identify and explain the various constraints faced by the Public Prosecutor in proving aspects of criminal responsibility for narcotics criminals, especially those carried out with the undercover buy technique. This paper using a normative research type through a statutory approach and a case approach. This study explains that the Public Prosecutor still has problems in proving aspects of criminal responsibility for narcotics criminals, both from internal and external factors. The constraints from internal factors was that the Public Prosecutor was not careful in checking the completeness of the formal. Meanwhile, external factors, namely investigators did not provide actual information regarding the completeness of the material submitted in the first stage of file submission. Therefore, it is necessary to improve the regulation and coordination between law enforcement officers in terms of proving the accountability aspects of narcotics criminals using undercover buy techniques.

scholarly journals Overmacht Dalam Tindak Pidana Penganiayaan Yang Menyebabkan Korban Meninggal Dunia Perspektif Fiqh JinÂyah

2015 ◽  
Vol 1 (2) ◽  
pp. 327-335
Author(s):  
Muhammad Riza Fahmi
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
District Court ◽  
Public Prosecutor ◽  
The Public ◽  
Self Defense ◽  
Conditional Sentence

Abstract: The Judge’s ruling in the legal decition of the Lamongan District Court No. 164/Pid.B/2013/PN.LMG on the crime of persecution that causes the death of the victim is regarded true since it has been fulfilled all elements as required by Article 351 Paragraph (3) of Criminal Code as indicted by the public prosecutor. In deciding this case, the judge also considered the testimony of witnesses, the information from the defendant, the facts revealed at the hearing as well as the things that burdensome and relieve the defendant. Therefore, the defendant shall be sentenced for 5 months in prison and does not have to go through due to the imposed conditional sentence. In Islamic criminal law, the case is equated with a semi-deliberate murder and sanctioned by diyât and kafârat in the form of ta’zîr. In this case, the defendant can not be punished because of his self-defense. So that the defendant is free from a criminal liability in Islam.Keywords: Persecution, victim died, Islamic law. Abstrak: Putusan hukum hakim Nomor: 164/Pid.B/2013/PN.LMG tentang tindak pidana penganiayaan yang mengakibatkan korban meninggal dunia berdasarkan telah terpenuhinya semua unsur-unsur dari pasal 351 ayat (3) KUHP seperti yang didakwakan oleh jaksa penuntut umum. Dalam memutuskan perkara ini hakim juga mempertimbangkan keterangan saksi, keterangan terdakwa, fakta-fakta yang terungkap di persidangan, serta hal yang memberatkan dan meringankan terdakwa. Oleh karena itu, terdakwa dipidana dengan 5 bulan penjara dan tidak perlu menjalaninya dikarenakan dikenakan hukuman bersyarat. Dalam fiqh jinâyah, perkara ini disamakan dengan pembunuhan semi sengaja. Untuk sanksinya yaitu membayar diyat dan kafârat, sedangkan untuk hukuman penggantinya berupa hukuman ta’zîr. Dalam kasus ini, para terdakwa meskipun telah melakukan perbuatan tersebut, namun tidak bisa dikenakan hukuman tersebut, karena adanya unsur pembelaan diri, sehingga terbebas dari pertanggungjawaban pidana dalam Islam.Kata Kunci: Penganiayaan,  meninggal dunia, Hukum Islam. 

Study of the psychological characteristics of the personality of an individual criminally liable for cruelty to animals (article 245 of the criminal code)

2019 ◽  
Vol 4 (2) ◽  
pp. 48-63
Author(s):  
Николай Горач ◽  
Nikolay Gorach ◽  
Евгения Самолаева ◽  
Evgeniya Samolaeva
Keyword(s):  
Criminal Liability ◽  
Objective Assessment ◽  
Criminal Code ◽  
Psychological Characteristics ◽  
Criminal Cases ◽  
Psychological Knowledge ◽  
The Individual ◽  
Procedural Decisions ◽  
Cruelty To Animals ◽  
The Impact

The article deals with the issues related to the study of psychological characteristics of the personality of an individual held criminally liable for cruelty to animals. The data collected by the investigator (inquirer) on the identity of the suspect (accused) are often formal and do not allow an objective assessment of the nature and characteristics of the personality of the individual held liable. The author pays attention to the place of this information in the system of evidence, as well as the impact of data on the identity of the suspect or accused on the adoption of procedural decisions. The article presents the substantiation of the need to study the identity of the person involved in cruelty to animals, on the example of the choice of tactics of investigative actions, the application of rules on exemption from criminal liability in connection with active repentance (Art. 75 of the criminal code), etc. The need for more active use of psychological knowledge in the production of investigative actions and investigation in General. According to the author, the participation of a specialist psychologist in the investigation of criminal cases is evaluated and considered by scientists and practitioners mainly in connection with the production of investigative actions involving minors. At the same time, his participation significantly contributes to the expansion of opportunities for proving circumstances in a criminal case.

scholarly journals Imposing criminal liability on juveniles: problem issues and ways to address them

2021 ◽  
Vol 66 ◽  
pp. 206-210
Author(s):  
S. Kravchuk
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
International Standards ◽  
Rehabilitation Center ◽  
Important Type ◽  
Rights Protection ◽  
Legal Standards ◽  
The Individual ◽  
The Right ◽  
Made In

The article highlights the issues of how to impose criminal liability on juveniles. Based on the analysis of consistency between the effective Criminal Code of Ukraine and the international standards of juvenile rights protection, the author has outlined the ways of how to improve the existing legal standards of such imposing. More specifically, the grounds for punishment mitigation have been determined depending on the gravity of offence. The punishment should be consistent with the offence committed. And the best way to match the punishment and the offence is when the punishment derives from the offence itself, from its nature. A fine will be a good enough response, because it makes the committed offence kind of unprofitable for the convicted individual. One of the punishments that the Criminal Code of Ukraine anticipates for juveniles is a fine. However, Article 99 of the Criminal Code of Ukraine mentions no minimum fine amount allowed for juveniles. As these specific standards are absent, juveniles should be subject to the general standards available, i.e. the minimum fine amount is equal for both juveniles and adults. It would be reasonable to decrease the minimum fine amount for juveniles in the Criminal Code of Ukraine. The author believes that the only guarantee for this fine to be paid can be the standalone property owned by the convicted individual, which could be foreclosed. An important type of punishment for juveniles is correction works. However, no specific conditions of its imposing on juveniles exist. One of the major ways to influence the individual convicted to correction works is labor and disciplinary impact of the labor collective (employees), which is but unfeasible today. In fact, no legal pattern exists to ensure that the employees will fulfill their obligations to rehabilitate the convicted individuals. Yet another type of punishment that Article 98 of the Criminal Code of Ukraine anticipates for juveniles is arrest. That arrest is considered a milder type of punishment in the punishment list than restraint can be deemed a disadvantage of the Criminal Code of Ukraine, 2001. At the same time, it is proposed to impose the so-called “youth arrest” on the juveniles of fourteen and on older ones, i.e. the service of punishment on days-off or holidays. The analysis of the system of punishments imposed on juveniles for the committed offences, which has been made in this article, shows that this system not always makes it possible to select the punishment consistent with the action committed. That is why the author has proposed to add new types of punishment to the already existing statutory system of punishments, such as obligating a juvenile to recover the caused damage or to execute certain works in favor of the affected party to compensate it for the damage caused; depriving a juvenile of the right to be engaged in certain activities; sending a juvenile to a special custodial rehabilitation center.

scholarly journals ECONOMIC VIOLENCE AS A TYPE OF DOMESTIC VIOLENCE: STATUTORY REGULATION AND THE FIRST EXPERIENCE OF APPLICATION OF THE CRIMINAL LEGISLATION OF UKRAINE

2020 ◽  
Vol 4 (48) ◽  
Author(s):  
Oleksandr Bilovol
Keyword(s):  
Domestic Violence ◽  
Child Support ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Violence ◽  
The Will ◽  
The Right ◽  
A Minor ◽  
Criminal Legislation ◽  
Economic Nature

The criminal liability for economic violence in Ukraine as one of the types of domestic violence was analyzed in the article. Interpretations of such types of economic violence as intentional deprivation of housing, food, clothes, other property, money and documents or opportunity to use them, leaving without care or guardianship, preventing in receipt of necessary services in treatment or rehabilitation, ban to work, coercion to work, ban to study and also other offenses of economic nature. It was established that the intentional deprivation of housing, food, clothes, other property, money or documents should be understood as conditions under which the victim cannot use this property in full because it has been spent on the guilty person’s own needs, transferred to third parties, destroyed or damaged, etc. It was noted that the relevant property may belong to the offender or the victim. In turn, deprivation of the opportunity to use this property means that the victim is either limited in time to use these items, that is cannot use them constantly, but only for a certain time or with a certain frequency and/or cannot use this property to the extent which deems it necessary. Separation of these types of economic violence from crimes such as abuse of guardianship rights, evasion of alimony payment for child support, evasion of money payment for keeping of disabled parents, and malicious failure to care for a child or a person in custody or care was done. It was stated that committing such a type of economic violence as a ban on work or unlawful force to work, the offender against the will of the victim at his own discretion determines whether the victim has the right to realize his right to work or vice versa to force the victim against his will to work or overwork or perform the work chosen by the offender himself, not the victim. In this case, the aggressor may not work himself at all. This type of economic violence was separated from such crimes provided by other articles of the Criminal Code of Ukraine as the exploitation of children and the use of a minor child for begging. The attention was focused on the fact that the list of types of economic violence for which criminal liability may occur has an open character. This approach of the legislator makes the norm more flexible in application but significantly complicates its interpretation.

scholarly journals The Basis for Exemption from Criminal Responsibility

2018 ◽  
pp. 161-168 ◽  
Author(s):  
E. V. Blagov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Main Body ◽  
The Public ◽  
The Future ◽  
The Russian Federation ◽  
The Individual ◽  
Criminal Legislation

The article considers the reason, adequate cause, justifying exemption from criminal responsibility. In the criminal law literature there are numerous decisions on this issue, but their main body alone can not explain why a person is exempted from criminal responsibility. The author concludes that the basis for such liberation must be sought in the personality of the culprit. Under current criminal legislation, justifying the exemption from criminal responsibility can only be elimination or significant reduction in the public danger of the person who committed the crime. In the future, it is necessary to formulate the relevant provisions of the criminal law so that the basis for this exemption is only elimination of the public danger caused by the individual. Accordingly, Art. 76. 2 and part 1 of Art. 90 are subject to exclusion from the Criminal Code of the Russian Federation and, on the contrary, inclusion in the chapter on the exemption from criminal responsibility of the relevant provisions of Art. 80.1 and part 1 of Art. 81 of the Criminal Code of the Russian Federation.

scholarly journals The Constitutional Model of the Interconnection between the Rights of Individuals to Public Finances and the Powers of Public Authorities

2019 ◽  
pp. 54-66
Author(s):  
Andriy KHUDYK
Keyword(s):  
Well Being ◽  
The State ◽  
Financial Resources ◽  
Public Authorities ◽  
Public Interests ◽  
Public Finances ◽  
The Public ◽  
Role Of The State ◽  
The Will ◽  
The Individual

The article examines the process of constitutionalization of public finances through the prism of the constitutional model of the interconnection between the rights of individuals to public finances and the powers of public authorities in this field. It is emphasized that from the standpoint of anthroposociocultural approach, public finances are intended to ensure the public interests of individuals through the use of financial resources at the disposal of the state. Public finances involve choosing between different tasks and goals, and this choice quite often involves addressing the issue of expediency, which in its turn comes to the problem of the effective organization of public finances in order to meet the public needs of all individuals. It is noted that from the standpoint of the Constitution of Ukraine, the effectiveness of the state depends on to what extent it is able to meet the public needs and interests of individuals. The role of the state comes to creating such conditions and mechanisms for the realization of interests that, through the implementation of state policy, will promote the well-being of individuals. That is why the state cannot and is not authorized by the Constitution of Ukraine to ignore the real needs of society and of particular social groups. The will of the society must be embodied in laws that should reflect the public interests of individuals and not the private interests of certain members of society. In our opinion, the complete elimination of the state from the sphere of public finances and the equalization of consumption of the commons may contribute to the emergence of providing public services. It is concluded that the purpose of public finances is to organize the performance of the duty of public authorities on the proper management of public financial resources to the public interest of the individual. The purpose of public authorities is to ensure the will of the owner. In consequence, public financial resources cannot be used by the state for anything at all, but only for the public needs of individuals. Public financial resources are subject to the specific regime in order to designate them to serve the public needs of individuals. Therefore, the Constitution of Ukraine obliges the state to carry out fair and impartial distribution and redistribution of public financial resources on behalf and for the benefit of society.

The Main Directions of Optimization of Criminal Liability in the Field of Protection of Internal Affairs Officers

2021 ◽  
pp. 88-93
Author(s):  
E. I. Kiryushkina
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Public ◽  
The Russian Federation ◽  
Internal Affairs

The article deals with the most complex and important issues in demand in practice, related to the improvement of the design of art. art. 317-319 of the Criminal Code of the Russian Federation. It is stated that the current legislation in the considered sphere of the public relations needs further improvement. Author's suggestions for improvement of the existing penal legislation are made.

Juvenile as a criminal category

2020 ◽  
pp. 225-231
Author(s):  
Anastsiya Ermakova ◽  
Ella Kuzmenko
Keyword(s):  
Russian Federation ◽  
Criminal Behavior ◽  
Criminal Liability ◽  
Criminal Code ◽  
Family Education ◽  
Modern Approach ◽  
Current Topic ◽  
The Russian Federation ◽  
Definition Of ◽  
The Individual

The current topic of research is touched upon, since there is an increasing trend towards the rejuvenation of juvenile delinquency. We establish that the weakening of family education and supervision, the desire to imitate adults, curiosity, self-affirmation among peers leads a teenager to use alcohol, intoxicating and narcotic substances, which pushes them to the path of a criminal life. We consider issues related to the definition of a juvenile as a criminal legal category, various points of view on the “juvenile” concept, as well as factors that influence the formation of a juvenile’s criminal behavior. We analyze the concept of “legal capacity of juvenile”, which is enshrined in the Civil Code of the Russian Federation. The Criminal Code of the Russian Federation establishes the total age of criminal liability from 16 years old, as well as from 14 years old for committing serious crimes, therefore, juvenile acts as a subject of criminal law relations. We note that the legislator points out the possibility of a juvenile to realize the illegality of his act and bear re-sponsibility for it. We point out that the use of the modern approach is to de-termine the possibility of bringing the child, by virtue of the individual char-acteristics of his upbringing and understanding, to responsibility for antisocial behavior.

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