O młodocianym w ujęciu kodeksu karnego

2014 ◽  
pp. 121-142
Author(s):  
Paweł Daniluk
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Offender ◽  
Criminal Code ◽  
Special Treatment ◽  
Good Prospect ◽  
Legal Definition ◽  
Specific Category ◽  
Definition Of

The article is devoted to a specific category of offenders i.e. juveniles. Firstly, the legal definition of the juvenile, provided under Art. 115 § 10 of the Criminal Code, is analyzed, making a distinction between the notion of the juvenile and the notion of the minor. Then the grounds for the special treatment of juvenile offenders are examined. A special attention is paid to the presumption of lesser degree of juvenile’s guilt and their susceptibility to be affected, which constitutes a good prospect for their education (reformation, reclamation). Finally, the criteria on the basis of which it is established whether an offender is a juvenile offender or not, are analyzed. A special attention is given to the criterion which states that a juvenile is an offender who has not reached the age of 24 years at the time of the trial in the first instance.

scholarly journals Juvenile Punishment System in View of the Need for Education and Reintegration

2019 ◽  
Vol 5 (3) ◽  
pp. 21
Author(s):  
Jola Bode
Keyword(s):  
Criminal Justice ◽  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Code ◽  
Development Stage ◽  
International Standards ◽  
Special Treatment ◽  
Negative Effects

Due to age and development stage, juveniles enjoy a special status in relation to adult persons. The status as a juvenile in the criminal field raises the request for treatment in accordance with the physical-psychic characteristics of the juvenile and his educational needs. The punishment system is an important component of the criminal justice system for juveniles. As such, it must respond to requests for a special treatment consistent with the personality of juveniles and individual education needs. This system should be oriented towards the goal of education and rehabilitation of the juvenile. In accordance with the international standards of juvenile justice and contemporary legislation, the Criminal Code of the Republic of Albania (CC) has sanctioned a number of rules that allow for special treatment for juveniles in the area of the punishment system. Despite the positive aspects, the provisions of the Code were insufficient in view of the requirements of international standards and the need for education and reintegration. The legal reform which also included the criminal justice system for juveniles brought a number of changes in the area of juvenile punishment system too. With the entry into force of the Juvenile Criminal Code (JCC) it was possible to establish a special and autonomous system of penalties applicable to juvenile offenders. The implementation of this system serves a friendly juvenile justice aimed at avoiding the negative effects of imprisonment and tends towards social rehabilitation and reintegration. This study discusses the novelties brought by JCC in terms of the meaning, classification and determination of juvenile sentence system and it will be reflected in relation to the challenges of the effective implementation of the provisions relating to the punishment system. Conclusions will also be drawn regarding the compliance of this system with the request for special treatment of juvenile perpetrators and the need for integration and reintegration.

Compulsory Educational Measures

2021 ◽  
pp. 71-85
Author(s):  
Pudovochkin Yu. E. ◽  
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Criminal Cases ◽  
Documentary Analysis ◽  
Application Procedure ◽  
The Law ◽  
Definition Of

Problem Statement. Improvement of juvenile justice presupposes active and priority application of alternative measures to criminal punishment. Such, according to the Criminal Code of Russia, are compulsory educational measures, which are imposed in the order of exemption from criminal liability or from criminal punishment. Their proper application implies a clear definition of the content of educational measures, clarification of the order of their appointment and execution. Nevertheless, these matters are not fully regulated in the law, which poses a inconsistent practice of their application and ultimately reduces the effectiveness of juvenile justice. In this regard, the task of concretizing the content of compulsory educational measures is seen as urgent. Goals and Objectives of the Study. Specification of the normative prescriptions that define the content of compulsory educational measures and the determination on this basis of the main directions for improving the application practice of the provisions of Art. 90 and Art. 92 of the Criminal Code of the Russian Federation. Methods. Formal-logical analysis of the legal acts that determine the content, application procedure and execution of educational measures; study and critical assessment of literature on the research topic; statistical analysis of judicial practice; documentary analysis of court files in criminal cases. Results, Summary Conclusions. The list of compulsory educational measures established by the law is adequate to the tasks of correcting juvenile offenders and preventing crimes on their part. However, improving the quality of justice in criminal cases involves: disclosure of the content of such a measure of influence as a warning in the text of a judicial act; unification of ideas about the state body, under the supervision of which minors can be transferred and the recognition as such of the territorial commission on minors; the definition of such a measure as the imposition of the obligation to make amends for the harm caused analogously to other situations of exemption from liability and the use of this measure as a backup; normative establishment of the terms for the application of such measures of influence as warning and imposition of the obligation to make amends for the harm caused; further study of regional differences in the enforcement of compulsory educational measures.

scholarly journals Theft vs find: theoretical and practical issues

2021 ◽  
Vol 2021 (3) ◽  
pp. 121-130
Author(s):  
Nikolay Ryabinin ◽  
Kseniya Filipson
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Civil Code ◽  
Theory And Practice ◽  
Controversial Issues ◽  
Main Research ◽  
Legal Definition ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Definition Of

The purpose of the study is to analyze the features of legal relations regulated by Art. 158 of the Criminal Code of the Russian Federation and Art. 227 of the Civil Code of the Russian Federation, as well as to identify and resolve the problems related to the proper legal definition of these relations. The main research methods are: structural-system, methods of logical analysis and synthesis, formallegal, comparative-legal, as well as collecting information through the study of scientific periodicals and materials of judicial practice on this issue. The article discusses in detail the features of the delimitation of relations arising in accordance with Art. 158 of the Criminal Code of the Russian Federation and Art. 227 of the Civil Code of the Russian Federation. The authors note that in the theory and practice of both criminal and civil law, one of the most controversial issues is the problem of differentiating a criminal offense under Art. 158 of the Criminal Code of the Russian Federation and acts that are not such (Article 227 of the Civil Code of the Russian Federation). So, to date, there is no consensus about the signs of differentiation of these compositions, and the criteria that have been developed at the present time are very vague and contradictory. Misinterpretation and application of norms when qualifying relations in accordance with Art. 158 of the Criminal Code of the Russian Federation and Art. 227 of the Civil Code of the Russian Federation does not allow citizens to protect effectively their rights and legitimate interests. Therefore, in order to prevent violations of civil rights, it is necessary to conduct a comprehensive scientific study of the features enabling to differentiate the above mentioned relations. Considerable attention is paid to the problem of appropriation of the found someone else’s property, when this property has identifying features. The authors define the types of property in the possession of the owner or any other type of legal owner, and also disclose the main characteristics of the specified property. In addition, the article formulates the authors’ definitions of such concepts as «finding» and «appropriation» of what was found. Based on the analysis of judicial and investigative practice, the authors propose the following recommendations for changing the legislation and the practice of its application in order to resolve controversial issues arising from the qualification of crimes against property. First, it is necessary to make clarifications in the resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 No. 20 «On judicial practice in cases of theft, robbery and banditry» which property should be recognized as being in the possession of the owner or other legal owners and determine the characteristic features of such property ... Secondly, it is necessary to formulate and consolidate the legal definition of a find in the Civil Code of the Russian Federation. Thirdly, to return into Chapter 21 of the Criminal Code of the Russian Federation «Crime against property» the part «Appropriation of the found property».

scholarly journals Mediation in Juvenile Criminal Offenses - Albanian Case

2021 ◽  
Vol 7 (1) ◽  
pp. 96
Author(s):  
Jola Bode
Keyword(s):  
Juvenile Offenders ◽  
Restorative Justice ◽  
Juvenile Offender ◽  
Criminal Code ◽  
Practical Implementation ◽  
Best Interest ◽  
Criminal Cases ◽  
Damage Repair ◽  
Alternative Measures ◽  
New Perspective

In the treatment of juvenile ofenders in modern systems, priority is being given to procedures aimed at reconciliation and mediation, damage repair and the implementation of alternative measures to restrict freedom. The entirety of such proceedings fall within the concept of restorative justice. Restorative justice is of particular importance in the treatment of juveniles by the criminal justice system, as its main purpose is not to punish the perpetrator but to find methods that promote reintegration into society. One of the mechanisms that underpins restorative justice for juveniles that guarantees the success of education and reintegration in society is mediation in criminal conflicts. The mediation aims to engage the perpetrator in repairing the damage caused by the criminal offense as well as to restore reconciliation relations between the victim and the perpetrator. In this way, mediation procedures are of particular importance in the context of criminal law as they promote the values of dialogue and reconciliation in the way of conflict resolution and provide alternative solutions to criminal sanctions. In criminal cases involving juvenile offenders, the application of mediation procedures brings a number of positive aspects as it serves the immediate rehabilitation and reintegration of the juvenile offender as the primary aim of juvenile justice. Implementation of the mediation alternative leads to a better understanding of legislation in this area as well as an increased awareness of enabling application as one of the forms of intervention against juvenile delinquency. Restorative justice is already part of the juvenile criminal legislation following the entry into force of the Juvenile Criminal Code, which brings a new perspective to the implementation of restorative procedures in accordance with the principle of protecting the best interest of the minor. The paper focuses on the role and importance of mediation procedures and their sanctioning in Albanian legislation. The paper will analyze albanian mediation legislation as a positive achievement in the context of promoting the process of restorative justice in juvenile matters. Conclusions will be drawn and recommendations will be identified regarding deficiencies in legal regulations as well as the practical implementation of mediation procedures for juveniles.

scholarly journals The age of the juvenile offender as a basis for a presumption of legal possibility of incurring criminal liability in the light of the draft amendment to the Criminal Code of 2019

Probacja ◽  
2020 ◽  
Vol 4 ◽  
pp. 41-50
Author(s):  
Krzysztof Fila
Keyword(s):  
Juvenile Offenders ◽  
Criminal Law ◽  
Criminal Liability ◽  
Juvenile Offender ◽  
Criminal Code ◽  
Penal Code ◽  
Legal Construction

The Amending Act of the Penal Code of 2019 introduces legislative modifications, including in the scope of rules functioning in the area of criminal law of juvenile offenders for the crimes they committed. These changes were directed at increasing the repressiveness of actions against juvenile offenders, which is manifested in the introduction of an obligatory additional criminal law and a relatively mandatory premise to apply criminal liability in relation to the aforementioned group of perpetrators, which significantly limits the possibility of implementing the principle of accurate criminal law response in cases where the use of criminal law as an ultima ratio seems inadvisable. The indicated relationship is presented in the article through the prism of the theoretical and legal construction of the presumption of law, which combines facts related to the age of the perpetrator with the alleged facts of the culpability, and as a consequence the ability to incur criminal liability on the principles provided for in the code, at the expense of e.g. liability regulated in the Act on proceedings in juvenile rights. The author postulates that this relationship should be reversed, which appears as a legislative challenge that can significantly reduce the level of repressiveness of regulations contained in the Amending Act.

scholarly journals The Doctrine and Legal Positions Developed by the Courts in Theft of Someone’s Property Cases

Lex Russica ◽  
2021 ◽  
pp. 108-117
Author(s):  
S. M. Kochoi
Keyword(s):  
Russian Federation ◽  
Scientific Literature ◽  
Criminal Code ◽  
Legal Definition ◽  
The Russian Federation ◽  
Points Of View ◽  
Individual Decisions ◽  
Legislative Amendments ◽  
Definition Of

The paper considers the legal positions developed by the courts in cases of theft of someone’s property. The author is critical of the concept of "judicial doctrine", believing that the courts in essence cannot create a doctrine (theory, science), but notes the significant role of the legal positions of the courts in the formation and development of the doctrine (theory) of theft. The purpose of the work is to find an answer to the question of whether the legal positions of the courts on the application of the legal definition of theft in practice remain relevant (note 1 to Article 158 of the Criminal Code of the Russian Federation), as well as the doctrine about this crime and its elements. Having studied various points of view contained in the scientific literature, as well as the positions of the courts, including those expressed in individual decisions of the highest judicial instance of the country, the author concludes that neither the legal definition of theft nor the doctrine of it has lost its relevance. We should not be talking about the "revision" of legal and scientific structures or the "collapse of the system", but about the crisis of practice and doctrine due to the uncertainty associated with the emergence of new property goods and objects (virtual assets, digital rights, etc.) and forms of encroachment on property that are not covered by any of the features of theft. For this reason, in the absence of answers to the challenges that have arisen, controversial decisions are made in judicial and investigative practice, and contradictory recommendations are proposed in the scientific literature. According to the author, the crisis that has arisen can be solved by introducing legislative amendments to Chapter 21 of the Criminal Code of the Russian Federation aimed at forming norms on new property crimes against property that do not contain elements of theft of someone’s property.

CRIMINAL-LEGAL DEFINITION OF HOME VIOLENCE CONCEPT ACCORDING TO UKRAINIAN LEGISLATION

2019 ◽  
Vol 3 ◽  
pp. 192-195
Author(s):  
S.V. Yakymova ◽  
◽  
N.I. Lesiak ◽  
Keyword(s):  
Legal Definition ◽  
Definition Of

A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context

2017 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Nani Mulyati ◽  
Topo Santoso ◽  
Elwi Danil
Keyword(s):  
Criminal Law ◽  
Sufficient Conditions ◽  
Criminal Code ◽  
Legal Person ◽  
Philosophical Approach ◽  
Legal Personality ◽  
Legal Subject ◽  
Long Time ◽  
Definition Of ◽  
Broad Meaning

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.

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