scholarly journals Consent in criminal offences against sexual freedom and sexual inviolability of a person

2021 ◽  
pp. 15-17
Author(s):  
Tetiana ZAVHORODNIA
Keyword(s):  
Sexual Violence ◽  
Sexual Intercourse ◽  
Violence Against Women ◽  
Criminal Law ◽  
Criminal Code ◽  
Sexual Freedom ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Voluntary Consent

Introduction. Combating sexual violence still remains one of the most important issues arisen in criminal law study. It should be noted that Istanbul Convention on preventing and combating violence against women and domestic violence is still not ratified by Ukraine, which shall facilitate quality of criminal law concerning criminal offences against sexual freedom and sexual inviolability of a person. The purpose of the paper is to define meaning and content of consent in criminal offenses against sexual freedom and sexual inviolability of a person provided for in Section IV of the Criminal Code of Ukraine. Results. The paper establishes that lack of consent is a constructive sign of rape (article 152 of the Criminal Code), sexual violence (article 153 of the Criminal Code) and coercion to have sexual intercourse (article 154 of the Criminal Code). The ways of solving arisen problems during the qualification of situations in which a person mistakenly believes that consent was given, as well as when consent was not given explicitly, have been determined. It is recommended to clarify the content of "voluntary consent" by indicating in the note to Article 152 of the Criminal Code, actions which shall not indicate voluntariness of consent. The paper notes that using the collocation "without voluntary consent" is superfluous in Articles 153 and 154 of the Criminal Code, since "coercion" and "violence" also indicate absence of voluntary consent. It has been established that consent is a distinguishing feature of a criminal offense provided for in Article 155 of the Criminal Code from Articles 152 and 153 of the Criminal Code, thus sexual intercourse with a person from 14 to 16 years with her consent indicates the commission of a criminal offense under Art. 155 of the Criminal Code. It is proposed to supplement Article 155 of the Criminal Code with the clause “in the absence of signs of criminal offenses under Art. 152 and art. 153 of the Criminal Code”. Conclusion. The paper provides that consent shall be both constructive and distinguishing feature of criminal offences against sexual freedom and sexual inviolability. Several problems of consent in such crimes are defined as well as ways of their solution.

scholarly journals THE TOPICAL ISSUES OF LEGISLATIVE REGULATION OF CRIMINAL OFFENSES AGAINST SEXUAL FREEDOM AND PERSONAL INVIOLABILITY

2021 ◽  
pp. 143-150
Author(s):  
B. M. Orlovskiy ◽  
I. A. Osadcha
Keyword(s):  
Sexual Intercourse ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Code ◽  
Practical Application ◽  
Sexual Freedom ◽  
Legal Norms ◽  
Criminal Offenses ◽  
Voluntary Consent ◽  
Legislative Regulation

The article is devoted to the study of topical issues of legislative regulation of criminal offenses against sexual freedom and sexual integrity of the person, provided for Articles 152–1561 of the Criminal Code of Ukraine. In the process of research the author identified a number of shortcomings and gaps in their legislative regulation, namely: 1) contradictions in terms of «the child» (the Criminal Code does not specify which age group is included in this concept), «the minor» (a person aged 14 to 18 under Article 32 of the Civil Code of Ukraine) and «the person under 16 years of age». These contradictions arise between the content of the dispositions and the titles of Articles 156 «Corruption of minors» and 1561 «Solicitation of children for sexual purposes» of the Criminal Code of Ukraine; 2) it lack of legislative concretization of the concept of «indecent assault» in Art. 156 «Corruption of minors»; 3) dualism and competition of legal norms in the application of Part 4 of Art. 152 «Rape» and Art. 155 «Committing acts of a sexual nature with a person under the age of sixteen», associated with the presence in both articles of the possibility of «voluntary consent» of «the person under 14 years of age» to commit sexual intercourse; 4) clarification of the possibility of practical application of Art. 1561 «Sexual harassment of a child». The author proposed the following changes and additions to the provisions of the Criminal Code of Ukraine to eliminate these shortcomings: 1) to formulate the name of Art. 156 as «Corruption of a person under the age of sixteen» and Art. 1561 as «Solicitation for sexual purposes of a person under the age of sixteen»; 2) to define the concept of «lecherous acts» in Art. 156 «Corruption of minors», for example, as «acts related to the physical and/or intellectual depravity of the victim in the sexual sphere», including those related to «exposure or touching the genitals, incitement to natural and unnatural sexual intercourse, conducting cynical conversations on sexual topics»; 3) to exclude from the text of the disposition part 4 of Art. 152 the concept of «voluntary consent» and supplement Art. 155 by the part 3, that provides the next: «The acts provided in part one of this article, committed against a person under the age of fourteen, – will be punishable by imprisonment for a term of ten to fifteen years». It is the presence of legible, consistent and justified criminal law norms in criminal offenses against sexual freedom and integrity of the person will ensure reliable legal protection of moral values of the child and society in Ukraine and proper implementation of criminal law policy of the Ukrainian state.

scholarly journals Some features of the criminal law regulation of liability for sexual abuse against children in some European countries

2020 ◽  
Vol 4 (4) ◽  
pp. 329-335
Author(s):  
Vadym Dyadichko
Keyword(s):  
Sexual Abuse ◽  
Sexual Violence ◽  
Sexual Intercourse ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
European Countries ◽  
Official Position ◽  
Depth Analysis ◽  
The Republic

There is the search for optimal ways to improve domestic legislation in terms of criminal liability for sexual abuse of children by analyzing the latest changes and additions to the Criminal Code of some European countries. One such way is to criminalize such an act as "cybergrooming". The analysis of the relevant criminal law of the Kingdom of Belgium, the Republic of Bulgaria and the Kingdom of Spain has allowed to conclude that the approach of the legislator of the Republic of Bulgaria to the regulation of criminal liability for "cybergrooming" seems to be worth worth studying its practical application in order to determine the possibility of future borrowing by the domestic legislator. In addition, on the positive side, the Criminal Code of this state has criminal liability for lewd acts or sexual intercourse with a minor engaged in prostitution. The Criminal Code of the Kingdom of Spain deserves attention to the existence of a single rule (Article 183), which includes various manifestations of sexual violence against children. The author has noted that such an approach of the legislator of this state also requires a separate, more in-depth analysis for its possible borrowing by the domestic legislator. In addition, it is worth studying the issue of separate criminalization in the Criminal Code of Ukraine as sexual violence, sexual intercourse with persons aged sixteen to eighteen, committed with the use of influence on the victim in such ways as: fraud or abuse of trust, abuse of official position by an official.

scholarly journals Rape and Sexual Violence: the Quality of Law and the Questions of Qualification

2018 ◽  
Vol 12 (6) ◽  
pp. 896-904
Author(s):  
Arseniy Bimbinov
Keyword(s):  
Sexual Intercourse ◽  
Criminal Law ◽  
Criminal Code ◽  
Sexual Crimes ◽  
Actus Reus ◽  
Simultaneous Existence ◽  
The Russian Federation ◽  
Principle Of Legality ◽  
Anal Penetration

The article examines the problems of legislative regulation of liability for violent sexual crimes and the qualification of such offences. The author states that Russian criminal law is ambiguous in its understanding of such categories as sexual intercourse, lesbian and gay homosexual acts. The content of other actions of sexual nature also poses questions. The analysis of criminal law norms protecting the sexual freedom of a person, as well as the analysis of court and investigation reports, showed that some criteria of differentiating liability for these crimes are not well-grounded. A systemic approach to examining the norms of Chapter 18 of the Criminal Code of the Russian Federation (CC of the RF) revealed the following problems. The current version of the CC of the RF does not penalize a violent sexual act if its victim is male. The use of violence by a woman against a man during a sexual intercourse is not covered by Art. 132 of the CC of the RF, because other sexual acts, according to law, are sexual acts that are not sexual intercourse, lesbian or gay homosexual acts. Simultaneous existence of actus reus under Art. 131 and 132 of the CC of the RF, according to the principle of legality, should prevent from charging for rape under Art. 131 only. Human sexuality requires, as a rule, that sexual intercourse should be accompanied by other acts of sexual nature (forced kissing, masturbation, impact on breasts or other sexual acts) aimed at achieving sexual arousal and satisfaction, which, under Art. 17 of the CC of the RF, constitutes a combination of offences. The differentiation of liability for various acts of sexual nature under Art. 131 and 132 of the CC of the RF violates the principle of justice. If there is a sequence of violent sexual acts (for example, oral and anal penetration with the use of violence), these actions are qualified only pursuant to Art. 132 of the CC of the RF. If there is a violent sexual intercourse and some other act of sexual nature, these actions are punished as multiple offenses. The author uses doctrinal views, analysis of current legislation and the practice of its enforcement to suggest a solution for the described problems.

scholarly journals The problems of criminal protection of persons in Ukraine

2020 ◽  
pp. 50-57
Author(s):  
Serhii Kirienko
Keyword(s):  
Criminal Law ◽  
Elderly Person ◽  
Legal Protection ◽  
Criminal Code ◽  
Sexual Freedom ◽  
Voluntary Consent ◽  
Criminal Protection ◽  
Definition Of ◽  
A Minor ◽  
Criminal Legislation

The article is devoted to the problems of criminal legal protection of a person in Ukraine. The number of articles of the Criminal Code of Ukraine (for example, Articles 115, 116, 117, etc.) do not take into account the specific features of those socially dangerous acts, for which they provide for liability, which does not allow to provide them with adequate criminal law assessment. The author analyzed the components of individual crimes that affect the life, health, sexual freedom and sexual integrity of a person. Based on the study, conclusions were made on the need for changes and additions to the current criminal legislation of Ukraine. It is proposed to understand murder as the most intentional unlawful infliction of death of another person and to abandon the term «murder through negligence», replacing it with «infliction of death through negligence» in Art. 119 of the Criminal Code of Ukraine. In this regard, it is proposed to replace the term «premeditated murder» with «murder» in Articles 115, 116, 117, 118 of the Criminal Code of Ukraine. It is also proposed to provide in Part 2 of Art. 115 of the Criminal Code of Ukraine as qualifying features of a crime murder of a minor, elderly person and representatives of other vulnerable categories of the population. The article points out the inexpediency of using the term «systematic» for actions for which liability is provided in Articles 116 and 120 of the Criminal Code of Ukraine, as it deprives them of the possibility of their application in the case of a single act, proposes a new version of Articles 116, 117 and 120 of the Criminal Code. while the latter contains a definition of «suicidal tendencies». The author proposes to exclude Art. 126-1 of the Criminal Code of Ukraine, as it is incorrectly drafted, contains ambiguous terms and duplicates existing criminal law. A new version of the disposition of Part 1 of Art. 152 of the Criminal Code of Ukraine is proposed and indicated the need to take into account the voluntary consent of a person under 14 years of age in the classification of crimes against sexual freedom and sexual integrity of a person. Key words: crime, responsibility, qualification, term.

scholarly journals Problematic issues relating to the age of the victim of the corruption of minors

2020 ◽  
Vol 5 (5) ◽  
pp. 260-263
Author(s):  
Vadym Fursa
Keyword(s):  
Sexual Abuse ◽  
Sexual Intercourse ◽  
Criminal Law ◽  
Sexual Exploitation ◽  
Criminal Code ◽  
Council Of Europe ◽  
Voluntary Consent ◽  
Special Part ◽  
A Minor ◽  
Theoretical Developments

In the article, based on the analysis of theoretical developments in criminal law and current provi-sions of Section IV of the Special Part of the Criminal Code of Ukraine, an attempt is made to analyze the institution of a victim of lewd acts. In particular, the article states that the Law of Ukraine of March 14, 2018 "On Amendments to the Criminal Code of Ukraine on Protection of Children from Sexual Abuse and Sexual Exploitation" amended the wording of Articles 155 and 156 of the Criminal Code of Ukraine and actually met the requirements of Art. 18 of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse as regards the recommendation to member states to determine the age at which sexual intercourse with a child is prohibited, even with the latter's voluntary consent, stipulating that any sexual age is prohibited relationship with a minor is 16 years old.

scholarly journals The Status of Criminal Law in the Order of Implementation of Duties and Authorities of Authorized Land Marker

2020 ◽  
Vol 5 (2) ◽  
pp. 65-69
Author(s):  
Dewa Gede Wibhi Girinatha
Keyword(s):  
Empirical Research ◽  
Criminal Law ◽  
Public Interest ◽  
Criminal Code ◽  
Criminal Offense ◽  
The Public ◽  
Criminal Offenses ◽  
The Status ◽  
Land Titles

The problem discussed in this study is the authority of the land deed maker in making authentic deeds and potential criminal offenses in carrying out the position of the official land deed maker, because it is very important for the officials of the land deed maker in assuming his position to provide services and information about agreements to make land certificates and for the public interest. This study aims to examine the position of criminal law in the order of carrying out the duties and authorities of the official land deed. This study was designed in juridical-empirical research. The result of this research is that the official land deed maker is inseparable from the responsibility of the deed he made and the implementation of the position of Land deed official has the potential to cause a criminal offense. Potential criminal offenses referred to are potential criminal offenses in the implementation of Land Titles Registrar positions in falsifying authentic deeds regulated and threatened with criminal offenses in Article 264 paragraph (1) jo. Article 263 of the Criminal Code. The falsification of the letter is punishable by imprisonment for a maximum of eight years, if it is carried out on authentic deeds in Article 264 paragraph (1) number 1 of the Criminal Code.

scholarly journals Implementasi Tindak Pidana Ringan Dalam Kasus Penganiayaan (Studi Putusan Nomor : 178/Pid.B/ 2017/ PN. Mdn)

2019 ◽  
Vol 1 (1) ◽  
pp. 31-40
Author(s):  
Anwita Fauziah M ◽  
Ridho Mubarak ◽  
Wessy Trisna
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Court Decision ◽  
District Court ◽  
Criminal Offense ◽  
Daily Work ◽  
Criminal Offenses ◽  
Data Source ◽  
Work Type

Minor criminal acts are regulated in Article 352 of the Indonesian Criminal Code, which is a maltreatment that does not cause illness or is prevented from doing office or daily work. Type of normative juridical research. The nature of the research is analytical descriptive is a study that describes, examines, explains and analyzes a legal regulation and describes the results of the data received based on the data source and also by analyzing related cases based on sample cases seen from the Medan District Court Decision in a criminal offense of minor maltreatment . The application of criminal law against criminal offenses of mild persecution in Decision Number: 178 / Pid.B / 2017 / PN Mdn is the perpetrators violating Article 351 paragraph (1) of the Criminal Code, namely: first, legally proven and convincing guilty of committing a criminal offense, secondly, sentenced to prison for 3 (three) months and 15 (fifteen) days, third, stipulates the period of arrest and detention that has been served by the Defendant deducted entirely from the criminal convicted, fourth, orders the Defendant to remain in custody, fifth, imposes case costs to The defendant is Rp. 2,000, - (two thousand rupiah).

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.

PROBLEM ASPECTS OF CRIMINAL RESPONSIBILITY FOR RAPE IN THE CONTEXT OF CHANGES TO ART. 152 OF THE CRIMINAL CODE OF UKRAINE

2017 ◽  
Author(s):  
Stepan Burda ◽  
Keyword(s):  
Human Rights ◽  
National Security ◽  
Mental State ◽  
Criminal Liability ◽  
Criminal Code ◽  
Direct Impact ◽  
Sexual Freedom ◽  
Normal Life ◽  
Basic Law ◽  
Criminal Offenses

The article describes the criminal liability for rape in the context of amendments to Art. 152 of the Criminal code of Ukraine. It is noted that sexual freedom and sexual integrity are among the most important personal human rights. It is regulated by the Basic Law of our state and no wonder the legislator placed this object of encroachment in the first sections of the Criminal Code of Ukraine after such as the basics of national security, life and health, will, honor and dignity of the person. Violation of these rights is reflected in the mental state of the victim, has a direct impact on the health, normal life of the person. It is established that the separation of Section IV "Criminal offenses against sexual freedom and sexual integrity of a person" in the Special Part of the Criminal Code of Ukraine means increasing the state's attention to the state of sexual relations in Ukraine. Sexual freedom and inviolability are among the most important personal human rights. It is regulated by the Basic Law of our state and not without reason the legislator placed this object of encroachment in the first sections of the Criminal Code of Ukraine after such as the basics of national security, life and health, will, honor and dignity of the person. Violation of these rights is reflected in the mental state of the victim, has a direct impact on the health, normal life of the person. It should be noted that criminal offenses against the life and health of a person, criminal offenses against the honor of freedom and dignity of a person, criminal offenses against sexual freedom and sexual integrity of a person are the most serious and terrible of all existing in the modern Criminal Code of Ukraine. these crimes, in addition to severe physical trauma, leave in the minds of the victim, his relatives and friends great and horrible memories that last a lifetime, traumatize the psyche and often lead to suicide of victims who can not be rehabilitated. The opinion is expressed that in the disposition of Article 152 of the Criminal Code of Ukraine there is a certain uncertainty in the question of which

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.

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