scholarly journals Serious Consequences Caused by the Crime as an Aggravating Circumstance

2020 ◽  
pp. 305-312
Author(s):  
Viktor ZAKHARCHUK
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Final Decision ◽  
Criminal Offense ◽  
Judicial Practice ◽  
Criminal Offenses ◽  
Significant Strength ◽  
Additional Qualification ◽  
Objective Side

The judicial practice of sentencing is analyzed in the case when a criminal offense has serious consequences that are outside the objective side of a certain socially dangerous act. Given the evaluative nature of this circumstance and the lack of legislative explanation of its content, there are typical mistakes that courts make in classifying the serious consequences of the crime as an aggravating circumstance. The order of sentencing in the case when the death of the victim was caused by a criminal offense, property damage in large or especially large amounts, etc. was investigated. The procedure for distinguishing serious consequences as an aggravating circumstance and as a mandatory feature of the objective side of the relevant criminal offense is analyzed. It is established that in some cases the task of a serious criminal offense requires additional qualification under other articles of the Criminal Code of Ukraine. The article proposes the criteria with serious consequences of the crime should be considered as an aggravating circumstance. It is established that the grave consequences caused by the crime as an aggravating circumstance do not form a new basis for criminal liability, as the court imposes punishment within the sanction of the article. Also, when the court decides the issue of criminal responsibility of the perpetrator, the signs of the composition of the criminal offense will be crucial, and not the presence of aggravating circumstances. After all, the court must impose a penalty within the limits provided by the sanction of the article containing the elements of a particular offense. It is argued that the main feature that distinguishes serious consequences from other criminal offenses and from other aggravating circumstances is the significance of these circumstances, i.e. the significant strength of influence compared to other circumstances that characterize the severity of the crime and the perpetrator. Recognition of certain consequences as grave and classifying them as aggravating circumstances belongs to the court, which must thoroughly examine the evidence of the occurrence of such consequences and make a final decision.

scholarly journals Peculiarities of qualification of criminal offenses against movement safety and transport operation: a review of judicial practice.

2021 ◽  
Vol 3 (3) ◽  
pp. 227-234
Author(s):  
Vasyl Berezniak
Keyword(s):  
Traffic Safety ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Judicial Practice ◽  
Criminal Offenses ◽  
Decisive Evidence ◽  
Act Assessment

The article reviews some court decisions, which highlight the key features of the assessment of criminal offenses against traffic safety and transport operation. Typical situations of committing criminal offenses of this type with the analysis of difficulties of qualification and further bringing a person to criminal responsibility are studied. In addition, attention is paid to the differentiation of legal liability, where the means of committing an offense or the subject is a vehicle, as well as highlighted key aspects related to the definition, type and nature of the act. Assessment of criminal offenses against traffic safety and transport operation under art. 286 of the Criminal Code of Ukraine should be based not only on the rules of substantive law, ie the law of Ukraine on criminal liability. Within the framework of criminal proceedings, the employee-practitioner is guided by the rules of the Criminal Procedure Code of Ukraine, which provides for the possibility of changing the assessment of a criminal offense, taking into account the available facts and circumstances. Regarding the existence of certain regulations governing the specifics of assessment and further pre-trial investigation into the commission of a criminal offense against traffic safety and transport operation, today the national justice system has formed judicial practice on this issue. However, it requires some generalization and identification of key points in the qualification of the investigated criminal offenses or further criminal proceedings. The decisive evidence in criminal proceedings concerning criminal offenses against traffic safety and transport operation is the experts’ conclusions from various types of examinations, which are appointed in these proceedings. In particular, auto-technical, auto-commodity, transport-trasological expert studies, which establish important circumstances for establishing the suspect’se guilt or innocence.

scholarly journals Criminal-legal meaning of driving under the influence in the acts stipulated by Article 286 of the Criminal Code of Ukraine

2020 ◽  
pp. 66-72
Author(s):  
V. Myslyvyi
Keyword(s):  
Criminal Code ◽  
Driving Under The Influence ◽  
Criminal Offense ◽  
Judicial Practice ◽  
Operation Rules ◽  
Driving While Impaired ◽  
Criminal Offenses ◽  
Vehicle Operation ◽  
Objective Side ◽  
Determining Factor

The article deals with issues of combatting criminal offenses related to violations of road safety and vehicle operation rules stipulated by Article 286 of the Criminal Code of Ukraine. The focus is on acts committed by persons who were in a state of alcohol, drugs or other intoxication. Based on research and analysis of current national judicial practice the author has revealed the presence of contradictions in court judgments of different instances where provided opposite criminal legal assessment consisting of a criminal offense under Article 286 of the CC of Ukraine, the following factors as driving while impaired by alcohol, drugs and other intoxication. The essence of such an assessment, as shown by a certain part of the verdicts, is that some courts do not consider the state of intoxication of a person driving a vehicle as a sign of the objective side of this criminal offense, and therefore do not see it as one of the reasons acts as a determining factor of these criminal offenses. The research paper contains a critical analysis of this approach in judicial practice and provides arguments for its unreasonableness, as driving under the influence as a cause of accidents in transport is considered to be universally recognized. However to avoid contradictions in judicial practice and to reach efficiency impact of criminal legaltools in combating the above mentioned criminal offense the author has proposed that Article 286 of the CC of Ukraine should stipulate an aggravating circumstances such as the commitment of a criminal offense by a person being in a state of intoxication

ANALISIS YURIDIS TINDAK PIDANA PENGGELAPAN YANG TIMBUL DARI HUBUNGAN SEWA MENYEWA MOBIL DIKAITKAN DENGAN PASAL 372 KUHP

2016 ◽  
Vol 2 (2) ◽  
pp. 201-216
Author(s):  
Hurip Agustina ◽  
Dadang Suprijatna ◽  
Aal Lukmanul Hakim
Keyword(s):  
Rule Of Law ◽  
Criminal Responsibility ◽  
Bottom Layer ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
The Public ◽  
Criminal Offenses ◽  
Car Rental

Crime embezzlement car rentals are lately often devastating car rental owner. This is an issue where the meaning of a rule of law if the crime committed community can not be followed by the rule of law, such as crimes by way of evasion is one of the types of crimes against human wealth which is stated in Article 372 of the Criminal Code, which is a crime that does not exist inexhaustible, both from the bottom layer to the top layer of society can also be committing a criminal act embezzlement is a crime that originated from the existence of a trust in others, and that trust is lost because of the lack of an honesty. It is stated that the crime of embezzlement have a problem that is closely linked to attitudes, moral, mental, honesty and trust humans as individuals. The purpose of this study are as follows: 1) To determine and analyze the occurrence of the crime of embezzlement car rental. 2) To know and analyze the application of Article 372 of the Criminal Code the crime of embezzlement in the rental car. 3) To know and analyze the efforts of the police in preventing crime of embezzlement car lease. This study uses normative juridical approach that is used to make the description clear, systematic, transparent and precise about the facts / specific nature of the area and population which is then analyzed to obtain the desired facts. Criminal offense embezzlement rental car can be imprisoned if they meet the overall elements of the offenses charged by the public prosecutor and the offender accountable for his actions. If the offender does not meet one of the elements of which the accused, then it can not be convicted. The elements of criminal responsibility are: 1) committing illegal or criminal acts; 2) for the criminal should be able to be responsible; 3) to have a fault; 4) absence of an excuse. The conclusion from this study is the adoption of Article 372 of the Criminal Code in criminal offenses of embezzlement car rental where the incidence of criminal acts committed tenants for the rented goods belonging to the owner of the rental rights because of misuse or abuse of trust in which the crime of embezzlement are set in the provisions of Article 372 of the Criminal Code.

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.

LEGAL CONTENT OF CATEGORY“PREPARATION FOR PERFORMANCE OF AN INTENTIONAL CRIME”

2020 ◽  
pp. 39-45
Author(s):  
V. F. Lapshin ◽  
E. H. Nadiseva
Keyword(s):  
Criminal Law ◽  
Scientific Literature ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Special Part ◽  
Criminal Legislation ◽  
Principle Of Legality

The implementation of criminal liability for an unfinished crime, interrupted at the stage of preparation, is not consistent with the basic criminal law requirements, since the act committed at the stage of preparation, clearly does not contain any signs of a crime or its composition. At the same time, the imposition of punishment is carried out in accordance with the sanction of the norms of the Special part of the criminal code, which indicates the existence of an act not actually committed by the convicted person. This allows us to raise questions about the legality and necessity of bringing a person to criminal responsibility for an act recognized as preparation for the Commission of an intentional crime. The analysis of provisions of the current criminal legislation, sources of scientific literature, and also materials of judicial practice on criminal cases about incrimination of preparatory actions, allowed to draw a conclusion according to which attraction of the person to responsibility for Commission of the act characterized as preparation for Commission of crime, contradicts the principle of legality and justice. In this regard, it is proposed to change the current criminal legislation, eliminating the rules on the preparation of the Institute of unfinished crime.

Exemption from Criminal Responsibility by Virtue of Reconciliation with Injured Party in Case of Neonaticide Committed by a Mother

10.12737/7632 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Денис Гарбатович ◽  
Denis Garbatovich
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Child Victims ◽  
Judicial Practice ◽  
The Face ◽  
Newborn Child ◽  
The Russian Federation ◽  
First Time

The article deals with the grounds on which a person may be relieved of criminal responsibility in connection with reconciliation with the victim. In accordance with Article 76 of the Criminal Code of the Russian Federation that is based on the simultaneous implementation of the following conditions: 1) for the first time a crime of small or average gravity; 2) reconciliation with the victim; 3) compensation of harm caused to the victim. The face in the presence of the above conditions are not necessarily subject to unconditional exemption from criminal liability, this right depends on the discretion of a law enforcement official. Through an analysis of the norms of criminal law, judicial practice addresses the question whether it is permissible to exempt from criminal responsibility in connection with reconciliation with the victim´s mother, who killed her newborn child. Victims can be considered the closest relatives of the murdered child (father, grandparents)who are also relatives and friends in relation to the mother-killer. Victims may initially not interested in bringing her to justice and appropriate compensation to victims can be represented as some Convention and formality. Mother release from criminal responsibility for the murder of a newborn child in such circumstances, does not comply with the principle of justice, and not adequately solves the problem of the criminal code of the Russian Federation for the protection of the rights and freedoms against crime. Therefore, in the presented work provides General guidance on when such exemption from criminal liability is possible, and when it is not desirable.

scholarly journals Features of the qualification of insult to an employee of the FPS of Russia as a representative of authorities

2021 ◽  
Vol 225 (2) ◽  
pp. 46-51
Author(s):  
K.A. SHILOV ◽  
Keyword(s):  
Key Words ◽  
Russian Federation ◽  
Scientific Literature ◽  
Criminal Liability ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Objective Side

Abstract. The article analyzes the scientific literature, judicial practice on the specific characteristics of qualifying an insult to an employee of the FPS of Russia as a representative of the authorities. Proposals and additions to the Criminal Code of the Russian Federation are formulated. Key words: qualifications, criminal liability, insult, employee of the FPS of Russia, a sign of publicity, the objective side of the insult.

scholarly journals Consequences of failure to pay a court fine

2020 ◽  
Vol 11 (3) ◽  
pp. 639-650
Author(s):  
Nina Yu. Skripchenko ◽  
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Legislative Regulation

The article discusses issues that arose during enforcement of the new grounds for exemption from criminal responsibility, enshrined in 2016, in connection with a court fine (Article 76.2 of the Criminal Code). Despite the criticism of its legislative regulation, demand for a new way of ceasing criminal prosecution began to appear in connection with the non-payment of a fine. Having determined the voluntary execution of a court fine, the legislator did not settle the issue of the further execution of the fine in cases where there are valid reasons for non-payment. After analyzing the existing proposals to solve this problem, the author confirms that the elimination of the gap would be facilitated by the legislative obligation of the bailiff to establish the circumstances by which the judicial penalty is not paid, as well as the addition of the list of decisions made by the bailiff to suspend enforcement proceeding. Analysis of judicial practice showed that Art. 76.2 of the Criminal Code began to be applied in cases where the court has justification for implementing less onerous grounds for the defendant to be exempt from criminal liability. Legislative duplication of the conditions under which criminal prosecution can be terminated for various reasons calls into question the wide alternative of the latter, as well as the embodiment of the idea of humanizing criminal law, which is the basis for securing a new ground for exemption from criminal liability. The article substantiates the proposal to supplement the Resolution of the Plenum of the Supreme Court dated June 27, 2013 with a provision allowing the release of a person from criminal responsibility with a judicial fine in cases where the court has no basis for suspending criminal prosecution for unconditional types of exemption from criminal liability. The author draws attention to the gap in the legislation, part 3 of Article 78 of the Criminal Code, which is related to the renewal of the statute of limitations for criminal liability when an individual avoids paying a court fine.

scholarly journals Features of criminal liability and punishment of juveniles: reality and perspectiv

2021 ◽  
Vol 2021 (2) ◽  
pp. 115-126
Author(s):  
О. І. Mytska ◽  
Keyword(s):  
European Union ◽  
Criminal Responsibility ◽  
Rapid Development ◽  
Criminal Liability ◽  
Criminal Code ◽  
International Standards ◽  
Criminal Offense ◽  
The Subject ◽  
The Law ◽  
Criminal Legislation

In the article the author analyses the features of criminal liability and punishment of juveniles in the current criminal legislation. Particular attention is paid to the release of adolescents from punishment and serving sentences. The author points out that for a long time there have been discussions among scholars about the possibility and expediency of applying to adolescents release from punishment and serving sentences considering the obvious need for their urgent re-education and return to the law-abiding citizens. The author categorically looks positively at this subinstitution of criminal legislation and believes that in some way it allows criminal legislation to perform its protective, educational and preventive functions. It also notes that the list of currently available types of release for both adults and juveniles is quite limited, which does not allow to fully differentiate them according to the specifics of the criminal offense committed by each individual juvenile. A comparative analysis of the current criminal legislation with the draft of the new Criminal Code of Ukraine is carried out. It is stated that scientists have identified not only juveniles but also young people, which is also due to the European vision of the subject of the criminal offense. Most criminal legislations of the Member States of the European Union have a similar differentiation. It is concluded that despite the rapid development of criminal legislation and Ukraine itself, the legislative vision of the limits of criminal responsibility and punishment of juveniles remains almost unchanged. A study of the draft of the new Criminal Code of Ukraine showed that only the age of the subject of the criminal offense was revised, as well as certain features of punishment and release from it. At the same time, any fundamentally new alternative criminal-legal measures and means of interaction with juvenile offenders are not provided, which indicates that the juvenile criminal legislation of Ukraine is not yet fully compliant with European and international standards of justice according to juveniles who are in conflict with the law. Key words: juvenile, criminal liability, punishment, release from punishment and serving sentences, draft, new Criminal Code, European Union.

Legal and Actual Characteristics of the Institute Exemption from Criminal Liability

2020 ◽  
Vol 10 ◽  
pp. 83-92
Author(s):  
V. K. Andrianov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Theory Of Law ◽  
First Time

Analysis of judicial practice shows that the greatest difficulties and errors in the courts and the prosecutors and investigators in the application of exemption from criminal liability, related to the issues of legal facts. It is no coincidence that most of the content of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 27 June 2013 No. 19 is devoted to clarifying questions about legal facts provided for by the norms of Chapter 11 of the Criminal Code of the Russian Federation. The purpose of this article is the legal and factual analysis of the release of the institute of criminal responsibility, which is in the general theory of law recognized by specific methodological direction in the explanation of legal phenomena In the article we developed a number of questions of legal conditions and facts with which the criminal law links the exemption from criminal liability: on the concept of the person who committed the crime for the first time; on exemption from criminal liability in the event of the commission of an unfinished crime and a crime of complicity; on the types of legal facts serving as the basis for such consequences; the amount of positive post-criminal behavior required for release; competition between the grounds for exemption from criminal liability; on the role of other social circumstances, when making the appropriate decision, etc.

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