scholarly journals PROBLEMS OF CRIMINAL LAW REGULATION OF PRIVATE (COMMERCIAL) BRIBERY

2020 ◽  
Author(s):  
Mariya Mihaylova ◽  
Keyword(s):  
Economic System ◽  
Criminal Law ◽  
Public Interest ◽  
State Regulation ◽  
The State ◽  
The Other ◽  
Private Interest ◽  
Normal Functioning ◽  
The Public ◽  
The One

The Bulgarian legislator is faced with the challenge and the need to re-evaluate its punitive policy to protect the normal functioning of the economic system. When regulating such a matter, it is necessary to look for a balance of values and interests, as on the one hand there is the public interest requiring a stable and workable economy and on the other hand the private interest requiring certain limits of the state regulation.

Extending the Private Prosecution Provisions of the Criminal Procedure Act 51 of 1977 to Cover Private Prosecution in the Public Interest

2021 ◽  
Vol 35 (2) ◽  
Author(s):  
Phindile Raymond Msaule
Keyword(s):  
Money Laundering ◽  
Public Interest ◽  
Criminal Procedure ◽  
The State ◽  
The Other ◽  
Criminal Prosecution ◽  
The Public ◽  
Section 8 ◽  
The Status ◽  
The One

Criminal prosecution is generally the preserve of the state. However, there are legislated exceptions that allow for private prosecution. For example, section 7 of the Criminal Procedure Act 51 of 1977 entitles individuals who satisfy certain criteria to prosecute in their own names. Section 8 of the Act, on the other hand, provides for statutory private prosecution. Statutory private prosecutions are limited to certain bodies and certain types of offences. In this article, it is submitted that private prosecution must be extended beyond the realm of sections 7 and 8 of the Act or the currently statutory sanctioned private prosecution. It is contended that section 7 of the Act must be amended to include the prosecution of corruption and related offences, on the one hand, and money laundering and related offences, on the other, in the public interest. It is submitted that there are safeguards to avoid private prosecution being abused. Furthermore, the allowance of private prosecution in the private interest would not impinge on the status of the National Prosecuting Authority (NPA) as the constitutional body mandated to institute prosecutions on behalf of the state. This is because a prospective private prosecutor may institute proceedings only in the event that the NPA declines to prosecute or on the basis of unreasonable delay on the part of the NPA to institute prosecutions.

Toward a Contemporary Concept of Criminal Justice

1969 ◽  
Vol 4 (4) ◽  
pp. 479-493
Author(s):  
Helen Silving
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Canon Law ◽  
The State ◽  
Penal Code ◽  
The Other ◽  
Model Penal Code ◽  
National Socialist ◽  
American Law ◽  
The One

The state of our “criminal law” in 1905 was described by William H. Taft as “a disgrace to our civilization”. This state had not changed much almost half a century later, when Justice Frankfurter quoted Mr. Taft's statement. Several major modern reform projects formulated since 1952 introduced some noteworthy modifications. I have in mind particularly the American Law Institute Model Penal Code, on the one hand, and the German Draft of a Penal Code, both of 1962, on the other. In the former I should like to draw attention to the serious attempt at a systematization of punishment scales, and in the latter to the effort at a systematic structuring of the “guilt principle”. The German Draft incorporated results of various revisions introduced since the collapse of the National Socialist régime, by either statutory or judicial legislation—revisions born out of the growing concern in Germany with “guilt”. Prominent among these revisions, of course, is adoption of the defence of “error of law” of ancient origin, derived from biblical, talmudic and canon law teaching. Nevertheless, these two projects have but touched the surface of the profound problems that are involved in formulating truly modern penal legislation.

scholarly journals Lessons from Israel's COVID-19 Green Pass program

2021 ◽  
Vol 10 (1) ◽  
Author(s):  
Shelly Kamin-Friedman ◽  
Maya Peled Raz
Keyword(s):  
Clinical Trial ◽  
Public Interest ◽  
Vaccine Development ◽  
The Other ◽  
Trust Building ◽  
Public Spheres ◽  
The Public ◽  
Freedom Of Movement ◽  
Pass Program ◽  
The One

AbstractAs of the beginning of March 2021, Israeli law requires the presentation of a Green Pass as a precondition for entering certain businesses and public spheres. Entitlement for a Green Pass is granted to Israelis who have been vaccinated with two doses of COVID-19 vaccine, who have recovered from COVID-19, or who are participating in a clinical trial for vaccine development in Israel. The Green Pass is essential for retaining immune individuals' freedom of movement and for promoting the public interest in reopening the economic, educational, and cultural spheres of activity. Nonetheless, and as the Green Pass imposes restrictions on the movement of individuals who had not been vaccinated or who had not recovered, it is not consonant with solidarity and trust building. Implementing the Green Pass provision while advancing its effectiveness on the one hand, and safeguarding equality, proportionality, and fairness on the other hand may imbue this measure with ethical legitimacy despite involving a potential breach of trust and solidarity.

Un péage à l'orée du bois? (Essai) | A tollbooth at the forest edge? (Essay)

2009 ◽  
Vol 160 (8) ◽  
pp. 244-246
Author(s):  
Olivier Guex
Keyword(s):  
Public Interest ◽  
Supply And Demand ◽  
Forest Edge ◽  
Comparative Assessment ◽  
The Other ◽  
The Public ◽  
Du Bois ◽  
Private Interests ◽  
The One ◽  
The Right

Does the principle of multifunctionality mean that the forest must fulfill every requirement put forward? Does the modern notion of “commodity”, drawn from the laws of supply and demand, give forest owners the right to expect payment for every service provided? In view of the current difficult economic situation and the increase and diversification of these requirements, the questions are justified. This article does not have the pretension to provide all the answers. However, by means of further questions and through the introduction of various examples, the reader is invited to consider the subtly differentiated proportions of the importance of the public interest on the one hand as opposed to that of private interests on the other, and thus to be able to draw conclusions. Thanks to this comparative assessment, possibilities concerning the magnitude and the source of these payments should become clear.

scholarly journals La mediación en sociedades interculturales. Referencia a la posible actuación del Defensor del Pueblo en procesos de mediación = Mediation in intercultural societies. Possible Ombudsman’s action in mediation processes

2018 ◽  
pp. 87
Author(s):  
María Pérez-Ugena Coromina
Keyword(s):  
Social Perception ◽  
The State ◽  
The Other ◽  
Neutral Position ◽  
Formal Aspect ◽  
Public Authorities ◽  
The Public ◽  
The Social ◽  
The One ◽  
Mediation Processes

Resumen: El objeto de este trabajo es una reflexión acerca de los conflictos que surgen en sociedades interculturales como consecuencia de marcos más plurales, acompañada de una propuesta de cauces de solución. Nos planteamos la conveniencia de utilizar mecanismos extrajudiciales de resolución de conflictos, en particular la mediación, como medio especialmente adecuado para este tipo de controversias. La integración en sociedades plurales exige un esfuerzo y toma de postura por el Estado. Los poderes públicos deben implicarse en lograr un mayor grado de convivencia democrática, incidiendo en el aspecto real y no formal de la libertad y la igualdad, de manera coherente con la concepción social del Estado. El Defensor del Pueblo es una figura idónea para poder actuar como mediador en conflictos propios de la interculturalidad. Su contacto con los problemas sociales, de una parte, y su posición neutral, basada en la auctoritas, de otra, le atribuyen unas características muy interesantes para que pueda ejercer esta función. Asumiría así el Estado este papel a través de la institución que resulta más cercana a la ciudadanía. Esto, a su vez, podría revertir en una mejora de la percepción social del Defensor del Pueblo.Palabras clave: Interculturalismo, mediación, Defensor del Pueblo.Abstract: The purpose of this work is a reflection on the conflicts that arise in intercultural societies as a consequence of more plural frameworks, accompanied by a proposal of channels of solution. We consider the convenience of using extrajudicial mechanisms for resolving conflicts, particularly mediation, as a particularly appropriate means for this type of dispute. The integration in plural societies requires an effort and takes position by the State. The public authorities must be involved in achieving a greater degree of democratic coexistence, focusing on the real and non-formal aspect of freedom and equality, in a manner consistent with the social conception of the State. The Ombudsman is an ideal figure to be able to act as mediator in conflicts of interculturality. His contact with social problems, on the one hand, and his neutral position, based on the auctoritas, on the other, attribute him some very interesting characteristics so that he can exercise this function. The State would assume this role through the institution that is closest to citizenship. This, in turn, could lead to an improvement in the social perception of the Ombudsman.Keywords: Interculturalism, mediation, Ombudsman. 

scholarly journals Good governance and transparency

2020 ◽  
Vol 1 (2) ◽  
pp. 343-353
Author(s):  
Laura Vilone ◽  
Keyword(s):  
Decision Making ◽  
Good Governance ◽  
The State ◽  
The Other ◽  
Decision Making Process ◽  
Public Authorities ◽  
The Public ◽  
Public Action ◽  
Special Place ◽  
The One

The notion of “good governance” implies the special place given to the State. Such a model is defined by the effectiveness of certain guarantees such as the independence of the judiciary, the correct and fair management of expenditure but also administrative transparency. Indeed, the latter depends on the sincerity of those involved in public action, on the one hand, and the constant dialogue between the public authorities and the public, on the other hand. The purpose of this intervention is to demonstrate that the realisation of the model of “good governance” is based, above all, on the existence of an administration that fully understands the requirements of administrative transparency. The two pillars of “good governance” would thus be the foundations of the principle of transparency: communication with citizens and their participation in the process of the decision-making process.

scholarly journals Protected Legal Interest of a Taxpayer as a Legal Category of Tax Law

Financial law ◽  
2020 ◽  
Vol 11 ◽  
pp. 23-26
Author(s):  
Elena A. Tsvetkova ◽  
Keyword(s):  
Public Interest ◽  
The State ◽  
The Other ◽  
Tax Law ◽  
Legitimate Interest ◽  
Other Hand ◽  
The One ◽  
The Individual ◽  
Subjective Rights

Protected legal interest is a legal category that allows to reflect all those interests that for one reason or another are not «covered» by subjective rights, but certainly have some importance for both society and the individual. It is convenient for the State, through such a tool as «protected legitimate interest», to take under its protection and protection those interests which, on the one hand, there is no need to translate into the rank of subjective rights, and on the other hand, when it is necessary for protection public interest, they gain a right and become the rights of the taxpayer.

IS THERE A FUTURE FOR STATE AGREEMENTS?

2005 ◽  
Vol 45 (1) ◽  
pp. 221
Author(s):  
A.G. Castledine ◽  
M. Lamattina
Keyword(s):  
State Government ◽  
Public Interest ◽  
State Regulation ◽  
Third Parties ◽  
The State ◽  
Third Party ◽  
Public Infrastructure ◽  
The Public ◽  
Political Risks ◽  
National Competition

State Agreements are agreements between private proponents and a State government which aim to facilitate the development of resources and processing projects and associated public infrastructure. State Agreements have been used extensively throughout Australia and each has been given varying levels of legislative recognition and effect, which in turn affects whether the rights and obligations arising under them have statutory or merely contractual effect. This ambiguity highlights the need to balance within State Agreements the private rights of the proponents with the public interest. The public interest critically involves third party rights to access infrastructure or services developed by proponents under the State Agreement. The introduction of National Competition Principles and regulatory regimes has affected the balance of these interests in favour of the public interest which has, in turn, led to a more stringent approach to State regulation under State Agreements. In particular, States are compelled through inter-governmental, federal and international competition and trade agreements to limit the extent to which it can negotiate its terms in a purely commercial way, embodying concessions in favour of proponents or preferences in favour of the State over other states or countries. Where a State Agreement expressly confers a benefit on third parties associated with access, third parties have successfully sought to enforce those benefits through the Courts, resulting in increased risks and costs for proponents that may not have been originally anticipated. Coupled with the political risks associated with changing governments and government policies, State Agreements, which have historically played a significant role in State development, are increasingly losing their ability to meet the commercial objectives of proponents.

Canons of Evasion in Constitutional Criminal Law

2017 ◽  
Author(s):  
Sharon Dolovich
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Judicial Review ◽  
The State ◽  
The Other ◽  
State Action ◽  
The Supreme Court ◽  
The Face ◽  
The One ◽  
The Right

In this chapter, Sharon Dolovich argues that the Supreme Court deploys three “canons of evasion” that undermine core constitutional principles: deference, presumption, and question substitution. The chapter shows how the Court on the one hand affirms basic constitutional principles—such as the right to counsel or the right against cruel and unusual punishment—that courts are to enforce against the state for the protection of individual penal subjects. Yet on the other hand, the doctrinal maneuvers of deference, presumption, and substitute question encourage judges in individual cases to affirm the constitutionality of state action even in the face of seemingly egregious facts. As a result, judicial review delivers almost automatic and uncritical validation of whatever state action produced the challenged conviction, sentence, or punishment. Dolovich identifies troubling questions raised by pervasive use of these canons for the legitimacy of the state’s penal power.

Konsep Perlindungan Korban dalam Sistem Peradilan Pidana Nasional dan Sistem Hukum Pidana Islam

2019 ◽  
Vol 13 (1) ◽  
pp. 33-48
Author(s):  
Vivi Ariyanti
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Public Interest ◽  
Justice System ◽  
The State ◽  
Significant Progress ◽  
Current Position ◽  
Law System ◽  
The Public

The current position of victims in the criminal justice system has not been placed fairly, because victims in the judiciary are only represented by public prosecutors who base their charges on statutory rules and facts obtained from witnesses. This paper reviews and compares the Indonesian national criminal justice system and Islamic criminal law system in terms of protecting the rights of victims of criminal acts during and after undergoing the trial process. The study of victims in the Western criminal law system adopted by Indonesia has been so extensive and profound, that it raises its own science called victimology, which is parallel to the science of criminology. Meanwhile Islamic criminal law (al-Fiqh al-Jinayah) still refers to fiqh books written by medieval jurists, so that the study of Islamic criminal law is stagnant and without significant progress. However, both national criminal law and Islamic criminal law, in principle, emphasize that the protection of victims must be balanced between the interests of the victims themselves, the perpetrators of crime, society, the state, and the public interest.

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