scholarly journals Analysis of Sentencing Practice for Assault (Part 1 of Article 187 of the Criminal Code of Ukraine)

2020 ◽  
pp. 184-195
Author(s):  
Yuliia POZNIAK
Keyword(s):  
Criminal Code ◽  
The State ◽  
Material Damage ◽  
Criminal Proceedings ◽  
Average Sentence ◽  
Maximum Limit

The article examines the issue of sentencing for an assault under Part 1 of Article 187 of the Criminal Code of Ukraine. 200 sentences passed by the courts of first instance in criminal proceedings under Part 1 of Article 187 of the Criminal Code of Ukraine are analysed. It is established that mostly assaults are committed in similar legally significant circumstances, which can be classified according to certain criteria: type of violence, material damage, the category of victims, and so on. During the research it was found out that the sanction of Part 1 of Article 187 of the Criminal Code of Ukraine provides for a sentence of three to seven years in prison. However, in most cases courts impose a minimum or close to the minimum sentence (3–4 years imprisonment), in some cases — the average sentence (5 years imprisonment). At the same time, courts don’t impose a maximum or close to the maximum limit (6–7 years of imprisonment). This situation is explained by the fact that courts don’t take into account all factors that can affect the punishment: the type of violence, material damage, the consequences for the health of the victim, the category of victims, and so on. Based on the results of the analysis, it’s proposed own approach to sentencing for an assault. However, it was identified cases of unreasonable application of Article 69 of the Criminal Code of Ukraine and the overly lenient sentencing, not provided by the sanction of Part 1 of Article 187 of the Criminal Code of Ukraine. It’s also researched the state of release from serving a sentence of persons who committed an assault, on the basis of Article 75 of the Criminal Code of Ukraine. The analysis provides grounds for concluding that the percentage of cases of application of Article 75 of the Criminal Code of Ukraine is excessive, as well as the tendency according to which under similar circumstances and conditions, one person is sentenced to a real punishment and another to a suspended sentence. Keywords: punishment, sentencing, assault.

scholarly journals Peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 289-293
Author(s):  
Inna Sichkovska
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Scientific Article ◽  
Main Task ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Criminal Offenses ◽  
National Police ◽  
Do So

. The scientific article is devoted to the issues of peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine. It is determined that it should be understood as the interaction of employees of inquiry units with operational units of the National Police of Ukraine. The classification, forms and principles of such interaction are specified. The interaction between the coroner and the operative unit during the pre-trial investigation in the form of an inquiry has limits set by the legislator: it can be carried out at any stage of the pre-trial investigation in the form of an inquiry, but must end with the closure of criminal proceedings. application of coercive measures of medical or educational nature, petition for release of a person from criminal liability. When investigating criminal offenses, investigators interact with employees of operational units of the National Police, security agencies, the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation, bodies supervising compliance with tax and customs legislation, the State Penitentiary Service of Ukraine, the State Border Guard services of Ukraine on the basis of the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Procedure Code, the Laws of Ukraine «On the National Police», «On operational and investigative activities», etc. The investigator, exercising his powers in accordance with the requirements of the CPC of Ukraine, is independent in his procedural activities, interference in which persons who do not have the legal authority to do so is prohibited. The main task of interaction of inquiry units of the National Police of Ukraine with other structural subdivisions of the National Police is prevention of criminal offenses, their detection and investigation, bringing to justice the perpetrators, compensation for damage caused by criminal offenses, restoration of violated rights and interests of individuals.

scholarly journals Criminal Imprisonment for Criminal Offenses Insults the President after State Court Decision Number: 013-022 / PUU-IV / 2006 (Study on State Court Blora Decision Number: 47 / PID. SUS / 2017 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 71
Author(s):  
Yustisi Yudhasmara ◽  
Umar Ma'ruf ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Secondary Data ◽  
Criminal Code ◽  
The State ◽  
Court Decision ◽  
Primary Data ◽  
State Court ◽  
Final Conclusion ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
The Impact

The purpose of this study was to analyzing the impact of the juridical the removal of article criminal offense insult the president by the State Court Decision Number 013-022 / PUU-IV / 2006 as well as the consideration of Judges State Court of Blora in Decision No. 47 / Pid.Sus / 2017 / PN.Blora, as well as to analyze the existence of article insult the President in future be associated with the rise of social media.This study uses empirical juridical approach, the research specification descriptive. The data used in this study are primary data obtained from field studies that were analyzed qualitatively using the theory of criminal prosecution and criminal punishment, the theory of law enforcement and crime prevention theory. Then for secondary data obtained from ingredients documents or library materials.The final conclusion is that: The Impact of juridical when articles of insult against the President revoked, can damage the system in the inclusion of clauses concerning acts humiliation as a whole and also the revocation of article of insult against the President and Vice President do not have binding legal force so that their legal vacuum post the decision of the judge in the consideration while deciding the case No. 47 / Pid.Sus / 2017 / PN.Blora according to the indictment from the prosecutor. Because of Article 193 paragraph (1) of Act No. 8 of 1981 on Criminal Proceedings ( "Criminal Code") Existence of article insult the president in the future, should come up again all the rules, could reach the criminal insult the president with any form of media usedKeywords: Offense; insult the president; the State Court; RKUHP.

шляхи вдосконалення кримінально-правового забезпечення оперативно-розшукової діяльності Державної прикордонної служби України

2019 ◽  
Vol 24 ◽  
Author(s):  
О. О. Гриньків
Keyword(s):  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Criminal Offenses ◽  
Legal Foundations ◽  
The Law ◽  
Legal Mechanism

The ways to improve the criminal legal support of the operative and search activities of the State Border Guard Service of Ukraine are discussed in the article. We propose specific amendments to the Criminal Code of Ukraine, which take into account the cases of harm during the operative and search activities of the State Border Guard Service of Ukraine. It is concluded that compulsory harm to the interests protected by the law will be duly regulated during the conduct, in accordance with the law, of operative and search, counter-intelligence measures or not public investigative (search) actions by an employee of an authorized state body, or on behalf of such person, cooperating with that authority, if the cause of action is to prevent, detect, detect or investigate criminal offenses, to prevent, to disclose and to suspend criminal proceedings identification and / or subversive actions if the stated objective could not be otherwise achieved.It is emphasized that there is a problem in the national criminal law theory and legal regulation of operative-search activity of criminal-legal foundations of carrying out the whole complex of operative-search measures. There is no proper legal mechanism for carrying out most of the operative-search measures.The conditions for the lawfulness of causing harm are considered during the conduct of operative and search measures and the corresponding not public investigative (search) actions, which would be expedient to be disclosed in the resolution of the Plenum of the Supreme Court, as well as to supplement the list of mitigating circumstances stipulated in the Criminal Code of Ukraine (Art. 66).It is noted about the fact that there is an operative-search type of exemption from criminal responsibility, which indicates the need for a criminal-legal settlement of such a situation.It is emphasized that the effective activity of the State Border Service of Ukraine provides for the application by operational units of a set of operative and search measures, which are possible only in case of making appropriate changes and additions to the normative legal acts of the state.

Umorzenie postępowania karnego na podstawie art. 59a k.k. – wybrane zagadnienia

2016 ◽  
Vol 14 (1) ◽  
pp. 91-108
Author(s):  
Jarosław Marciniak
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Criminal Proceedings

Discontinuation of proceedings under Article 59a of the Criminal Code is a new institution in Polish criminal law. This article discusses selected issues relating to the premises for the application of Article 59a of the Criminal Code in practice. In view of the use by the legislator in Article 59a of the Criminal Code of concepts with vague meanings, their possible interpretations were proposed. It has been suggested that a rephrasing of the provision in question should be considered, in order to ensure the possibility of applying the said institution to a wider range of misdemeanours, as compensatory discontinuation is intended by the legislator to fulfil the redress function of proceedings and ensure the effectiveness and speed of criminal proceedings

EKSISTENSI PENERAPAN HUKUMAN MATI DI INDONESIA

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
R Ahmad Muhammad Mustain Nasuha
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Islamic Law ◽  
Criminal Code ◽  
The State ◽  
Court Decision ◽  
Constitutional Court ◽  
Draft Bill

This study aims the death penalty in Indonesia. We know where the death penalty is contrary or not in terms of the constitution and Islamic law, then we can conclude that if the legal implementation of the death penalty in Indonesia continue to be done or should be abolished. Based on research and the analysis conducted, conclude that Indonesia According to the Indonesian Constitution that the death penalty in Indonesia is constitutional. Constitutional Court Decision No. 2-3 / PUU-V / 2007 states that the imposition of the death penalty was constitutional. Any law governing capital punishment is not contrary to the Constitution of the State of Indonesia. However the legislation in Indonesia death penalty is still recognized in some legislation. There are three groups of rules, namely: Criminal Dead in the Criminal Code, Criminal die outside the Criminal Code, Criminal die in the Draft Bill. According to Islamic law that the death penalty could be applied to some criminal act or jinazah, either hudud qishahs, diyat or ta'zir among others to: Apostate, Rebel, Zina, Qadzaf (Allegations Zina), Steal (Corruption), Rob (Corruption), Murder.

Thomas Jefferson’s Virginia Criminal Law Bill

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Criminal Law ◽  
Critical Analysis ◽  
Criminal Code ◽  
The State ◽  
Modern State ◽  
Historical Account ◽  
Liberal Democratic ◽  
Democratic State ◽  
Penal State ◽  
State 1

Part III of Dual Penal State uses dual penal state analysis to generate a comparative-historical account of American penality. With comparative glimpses at Germany and, to a lesser extent, England, it distinguishes between two responses to the shared challenge of legitimating state penal power in a modern liberal democratic state: (1) the failure to appreciate the legitimatory challenge of modern state penal power in particular (United States) and of modern state power in general (England); and (2) the failure to address the legitimatory challenge of modern state penal power as an ongoing existential threat to the legitimacy of the state (Germany). Chapter 6 undertakes a critical analysis of Jefferson’s 1779 draft of a criminal law bill for the State of Virginia, concluding that it fell well short of a criminal code that reflected the ideals of the American legal-political project as spelled out, for instance, in Jefferson’s Declaration of Independence of 1776.

DEFINITIONS OF CATEGORIES PURPOSE AND TASKS OF CRIMINAL PROCEEDINGS IN THE MODERN CRIMINAL PROCESS

2018 ◽  
Author(s):  
Svitlana Patiuк ◽  
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Modern Theory ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Norms ◽  
State Changes ◽  
The Individual ◽  
Goals And Objectives ◽  
Functional Purpose

"Definitions of categories, the goal and objectives of criminal proceedings in modern criminal proceedings" analysed the legal norms and provisions of doctrinal concepts to determine the goals and objectives of criminal proceedings. The author formulated conclusions and generalizations that since criminal proceedings are a sphere of state activity, it depends on the direction of the political course of the state, changes in state policy, which always leads to a change in the ideology of the criminal process as a whole, including the transformation of goals and objectives criminal proceedings. The purpose and objectives of criminal proceedings depend on the historical form of the criminal process, a common feature of which is the ratio of freedom (interests) of the individual and the state, expressed in the procedural position of the main participants in the process. Criminal procedure legislation and doctrine define the resolution of a dispute (conflict) between the state and the accused arising as a result of the commission of a crime as the goal of the criminal process in most countries in which the adversarial nature of criminal proceedings prevails. As the goal of criminal proceedings in the modern theory of criminal procedure, it is proposed to consider the protection of the individual, society and the state from criminal offences in the settlement of criminal-legal conflicts arising as a result of these offences. The goal in the criminal process determines the setting of tasks and represents the ultimate conclusion from the sum of all the tasks being implemented. The task of criminal proceedings should be determined taking into account the functional purpose of the subjects of criminal proceedings, and therefore the task is the fulfilment of his duty by a participant in criminal proceedings, which is determined by his functional purpose, based on the principle of competition of the parties.

Killing through negligence and its distinction with other kinds of murder

2021 ◽  
Author(s):  
Vladimir Myslivyy ◽  
Angelina Mykyta
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Sufficient Information ◽  
Main Body ◽  
Common Features ◽  
Criminal Offenses ◽  
The Common

Problem setting. According to Art. 27 of the Constitution of Ukraine, everyone has an inalienable right to life, no one can be arbitrarily deprived of life, and the state, in turn, is obliged to protect human life. Protection of a person’s life, as a duty of the state, is manifested in the establishment of criminal liability, enshrined in Section II “Criminal offenses against life and health of a person” of the Criminal Code of Ukraine, who commit socially dangerous acts. whether there are criminal offenses and what punishments they should be committed. The distinction between crimes such as premeditated murder and negligent deprivation of another’s life is important, as criminal law theory still does not have sufficient information on this issue and does not have a complete list of features of the above crimes, but we tried to identify them in our article. Target of research. Deepening their knowledge on the caution of a person’s life due to inconsistency and drawing the line between possible offenses and conditional authority, clarifying the special characteristics of the perpetrator and the victim, outlining the essential features of the perpetrator and the victim, and researching the regulation of negligent proposal of a new version of the Criminal Code of Ukraine. Analysis of resent researches and publications. The theoretical basis for the study of the problem of murder through negligence are the works of legal scholars, in particular, M. Bazhanov, V. Borisov, S. Borodin, V. Glushkov, O. Gorokhovskaya, I. Zinchenko , V. Tyutyugin, O. Us, E. Kisilyuk, V. Kuts, M. Yefimov, S. Likhova, V. Stashis, V. Shablisty and others. Article’s main body. According to Art. 3 of the Constitution of Ukraine, man, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Given this constitutional provision, the legislator should pay special attention to the criminal law protection of human life and health as the most important public relations. So it is no coincidence that considering such encroachments as one of the most dangerous in the criminal law dimension, the legislator established criminal liability for their commission in Section II “Criminal offenses against life and health” of the Special Part of the Criminal Code of Ukraine. Due to the high public danger and the high prevalence of criminal offenses against human life and health, criminal law theory and law enforcement practice are under increasing scrutiny. Thus, the analysis of judicial practice in recent years shows that, for example, among all murders (Articles 117-119 of the Criminal Code of Ukraine) the number of persons convicted of deprivation of life due to negligence is about 15 percent annually. In our opinion, it is also advisable to analyze the concept of “murder” by comparing the common and distinctive features of the offenses referred to in Art. Art. 115 and 119 of the Criminal Code of Ukraine. According to scientific results, we can conclude that these offenses have many common features. It is possible to understand the common features and preconditions for the spread of these types of offenses. Conclusions and prospects for the development. A study of issues related to the criminal law analysis of murder through negligence and its difference from other types of murder, shows that these acts encroach on the identical object, which is “human life as a set of social relations.” Unfortunately, nowadays the dynamics of offenses committed in Art. Art. 115 and 119 is intensifying, so consideration of their delimitation and characterization of their features is very important. The study examines the main features of these types of crimes, as well as analyzes some provisions of national law and proposes some adjustments to them.

Totul e atât de firesc în tăcerea noastră. Sau despre infracțiunea de omisiunea declarării unor informații

2020 ◽  
Vol 2020 (2020) ◽  
pp. 256-265
Author(s):  
Andra-Roxana TRANDAFIR ◽  
Keyword(s):  
Criminal Code ◽  
The State ◽  
Negative Effects ◽  
State Of Emergency ◽  
Contagious Disease

Following the state of emergency declared as a result of the COVID-19 pandemic, the Romanian legislator adopted in March 2020 an Emergency Ordinance which, among others, modified the Criminal Code and introduced a new offence, which sanctions the omission to declare certain information regarding the possibility to of having had contact with a person infected with a contagious disease. The paper underlines the deficiencies of these modifications, analyzing the lack of clarity of several notions used by the legislator, as well as the potential negative effects of such way of regulating criminal offences.

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