scholarly journals Typy uprzywilejowane przestępstwa korupcji wyborczej

2021 ◽  
Vol 13 (25) ◽  
pp. 279-292
Author(s):  
Jacek Michał Wojciechowski
Keyword(s):  
Penal Code ◽  
Normative Structure ◽  
Electoral Corruption ◽  
Legislative Changes ◽  
A Minor

Mitigated forms of election corruption crimes The article examines the problem of the type of mitigated crime of electoral corruption. The author discusses examples of behaviour enabling criminal qualification under Art. 250a § 3 of the Penal Code, as well as situations that do not allow the application of this regulation. He also considers the legitimacy of isolating a minor accident in the normative structure of the election corruption crime, as well as the proposed legislative changes in this regard. Artykuł jest poświęcony problematyce typu uprzywilejowanego przestępstwa korupcji wyborczej. Autor omawia przykłady zachowań umożliwiających prawnokarną kwalifikację na podstawie art. 250a § 3 kk, a także sytuacje niepozwalające na zastosowanie tej regulacji. Przeprowadza również rozważania dotyczące zasadności wyodrębnienia wypadku mniejszej wagi w normatywnej konstrukcji przestępstwa korupcji wyborczej, jak też postulowanych w tym zakresie zmian legislacyjnych.

scholarly journals Probation officer suspended in executive proceedings

2019 ◽  
Author(s):  
Anna Janus-Dębska ◽  
Rafał Skręt
Keyword(s):  
Probation Officer ◽  
Probation Officers ◽  
Penal Code ◽  
Executive Authority ◽  
Legislative Changes ◽  
Criminal Matters

As a result of legislative changes, from January 1, 2010, cases in which probation teams of the judicial service executing decisions in criminal matters are referred to cases in which enforcement proceedings have been suspended pursuant to art. 15 § 2 of the Executive Penal Code. Despite the lapse of 10 years from the introduction of the obligation for probation officers to perform control activities in such cases, doubts are still raised as to the role and tasks of probation officers resting in the course of executive proceedings that have been suspended and have not been performed for some time. In the course of such suspended proceedings, does the professional probation officers still retain all the qualities associated with his status as an executive authority? The purpose of this study is to present the role of a probation officer as a authority of executive proceedings in a situation where, despite legality and enforceability, the judgment will not be enforced and will not be pending for reasons of a temporary nature and to present de lege ferenda conclusions regarding the regulation of the rights of probation officers in the discussed areas.

scholarly journals Stem cell legislation and its impact on the geographic preferences of stem cell researchers

2021 ◽  
Author(s):  
Luca Verginer ◽  
Massimo Riccaboni
Keyword(s):  
Stem Cell ◽  
Embryonic Stem ◽  
State Level ◽  
The State ◽  
Noticeable Effect ◽  
The Us ◽  
Significant Step ◽  
Legislative Changes ◽  
Hesc Research ◽  
A Minor

AbstractProponents describe stem Cell Replacement Therapy and related technologies to be a significant step forward for medicine. However, due to the inherent ethical problems in human Embryonic Stem Cell Research (hESC), it is strictly regulated around the world. The US has passed at the federal and state level, both supportive and restrictive laws over the years. The changing legislative environment at the state and federal levels has created a situation whereby researchers have to choose whether and where to carry out this research. By exploiting the temporal and spatial heterogeneity and legislative shocks, we assess if the affected scientists have voted with their feet, leaving the state or country imposing restrictive rules and whether hESC research has clustered geographically. We find that most of the hESC research is carried out in supportive states, and significant legislative changes have had a minor but noticeable effect on relocation choices. Most importantly, the research has moved to supportive states. This result suggests that several state-level interventions (supportive), which were opposed to federal laws (restrictive), have counteracted each other.

scholarly journals CRIMINAL PROTECTION OF MINORS FROM ACTS OF ABUSE IN ‎THE ALGERIAN ‎PENAL CODE

2021 ◽  
Vol 03 (08) ◽  
pp. 01-10
Author(s):  
Ismahane ABDERREZAK
Keyword(s):  
Nursing Homes ◽  
Physical Abuse ◽  
Criminal Policy ◽  
Penal Code ◽  
Open Environment ◽  
The Family ◽  
Legal Texts ◽  
The Face ◽  
Criminal Protection ◽  
A Minor

The Algerian legislator has paid special attention to childhood by ‎following ‎a strict criminal policy and setting up deterrent and injunctive ‎legal texts and ‎provisions for anyone who is tempted to exploit his ‎weakness and ‎helplessness to attack him and prejudice his physical and ‎psychological ‎integrity. Among the most important things that reflect this ‎protection are ‎the provisions in Article 269 of the Penal Code and what ‎follows. Which ‎criminalized every form of physical abuse that a minor ‎child under the age of ‎‎16 may be exposed to due to his physical ‎weakness and inability to defend ‎himself, especially in the face of the ‎closest people to him, his parents, those ‎who take care of him or those ‎who have authority over him, as he extended ‎protection in all Places ‎where he can be found while he is under this age. ‎Whether within the ‎family, in the nursery, at school, in nursing homes for ‎paramedic ‎children, or in the interests of the open environment

scholarly journals Karnoprocesowa ochrona małoletniego pokrzywdzonego w sprawach o przestępstwa przeciwko wolności seksualnej i obyczajności — kilka uwag na tle nowelizacji wprowadzonej ustawą z dnia 13 czerwca 2013 r. o zmianie ustawy — Kodeks karny oraz ustawy — Kodeks postępowania karnego

2016 ◽  
Vol 39 ◽  
pp. 85-105 ◽  
Author(s):  
Justyna Żylińska
Keyword(s):  
Criminal Procedure ◽  
Penal Code ◽  
Sexual Freedom ◽  
Single Time ◽  
Procedure Code ◽  
Penal Law ◽  
Scope Of Application ◽  
Legal Entitlement ◽  
The Moment ◽  
A Minor

Protection of a minor victim under the penal law in cases concerning crime against sexual freedom and morality — a few comments against the background of the amendments introduced by the updated Act dated 13 June, 2013 Amending the Act — The Penal Code and the Act — The Criminal Procedure CodeThe article discusses issues linked with the protection of a minor victim in cases against sexual freedom and morality in the context of amendments introduced by the Act dated 13 June, 2013 Amending the Act — The Penal Code and the Act —The Criminal Procedure Code which took effect on 27 January, 2014 and introduced major amendments into the Criminal Procedure Code including the content of Art. 185a of the Criminal Procedure Code regulating the manner of examination of a minor victim who at the moment of the hearing is under 15 in proceedings concerning crimes referred to therein, among other things in the proceedings against sexual freedom and morality. Subject to analysis, particularly in the context of the aforesaid amendments, are the following issues:— scope of application of the regulations of Art. 185 a of The Criminal Procedure Code,— principle of single time examination of a minor victim in cases concerning crimes against sexual freedom and morality, — authority with a legal entitlement to interview a minor victim and other entities participating in the examination,— strategy for interviewing a minor victim in light of the Regulation of the Minister of Justice dated 18 December 2013 on the Preparation of the Interview Carried out in the Manner Referred to in Art. 185a–185c of the Criminal Procedure Code and the rules for recording the examination.

scholarly journals Analisis Fiqh Jinâyah terhadap Sanksi Pengemis di Muka Umum di Kota Surabaya

2018 ◽  
Vol 3 (1) ◽  
pp. 46-64
Author(s):  
Muhammad Subhan Mubarok
Keyword(s):  
Criminal Law ◽  
Penal Code ◽  
Public Order ◽  
The Law ◽  
A Minor

Abstract: This article discusses the prohibition of public begging in Surabaya. According to article 504 of the Penal Code and Surabaya municipality by law no. 17/2009. In Surabaya, beggars who have been considered breaching the law operate in street intersections. This is considered breaching of public order. Thus, this is not a crime but a minor violation of the law. They are arrested for one day and brought to social department for briefings. The punishment is so lenient that it can be called as a pardon. In Islamic criminal law perspective, such a leniency is allowed as long as not erasing punishment altogether. Keywords: Public begging, sanction, ta’zîr. Abstrak: Artikel ini membahas tentang fikih jinâyah terhadap laragan mengemis di muka umum di kota Surabaya. Larangan engemis di muka umum diatur dalam Pasal 504 KUHP Junto Perda Tahun 2009 Juncto Perda No. 17 Tahun 2009 di Surabaya tentang pengemis di muka umum. Pengemis yang melanggar ketertiban umum adalah pengemis yang beroperasi dan mangkal di berbagai perempatan jalan, mereka akan dimasukkan ke dalam penjara untuk 1 hari saja dan setelah itu akan dikembalikan kembali ke dinas sosial untuk mendapatkan pembinaan. Dengan hukuman 1 hari tadi diharapkan dapat menjadikan efek jera kepada para pengemis sehingga di kemudian hari mereka tidak mengulangi kembali, kemudian melihat hukuman yang didapat dari pengemis yang mengemis di muka umum dengan melanggar ketertiban umum, maka hukuman tersebut masuk dalam katgegori pemaaf dikarenakan salah satu sebab hapusnya hukuman ta’zîr yakni para pengemis hanya mendapat hukuman selama 1 hari, tetapi tidak menghapuskan seluruhnya. Kata Kunci: Sanksi pengemis, di muka umum, ta’zîr.

De invoering van art. 248bis Sr. in historisch perspectief

2019 ◽  
Vol 22 (3) ◽  
pp. 249-269
Author(s):  
Theo van der Meer
Keyword(s):  
Attorney General ◽  
Penal Code ◽  
Public Prosecutor ◽  
Age Group ◽  
Young Males ◽  
Male Adolescents ◽  
Folk Knowledge ◽  
Age Of Consent ◽  
Cultural Construct ◽  
A Minor

Abstract In 1911, Dutch parliament changed and expanded the vice laws of the penal code. The most controversial change was the introduction of art. 248bis Sr., which created a specific age of consent (21) for homosexual contacts, while it remained 16 for heterosexual behaviour. According to Attorney General E.R.H. Regout, homosexuality was spreading rapidly, resulting from the seduction of minors between the age of 16 and 21. Referring to Greek pederasty, he claimed that adult homosexuals preyed almost exclusively on this age group. Once seduced, a minor would become a homosexual himself. Although a memorandum briefly mentioned that the new article would also apply to women, lesbian behaviour was not discussed at all during readings in parliament: originating from his previous role as public prosecutor, boys and young men were the minister’s sole concern.Most publications about 248bis Sr. are descriptive with a near self-evident focus on its repressive nature. This contribution also recounts the way in which Regout’s proposal was turned into law. Yet, based on a rereading of parliamentary papers, as well as on extensive archival research by the author, it raises questions viz-à-viz Regout’s concern over young males and its relationship to contemporary sexual folk knowledge and prevailing etiologies. Moreover, this article will argue that 248bis, aside from criminalising aspects of homosexual behaviour, also turned a disciplinary eye towards male adolescents at a time when puberty as a cultural construct began to emerge.

scholarly journals PERSONAL DATA PROTECTION IN CRIMINAL LAW

2021 ◽  
Vol 59 (2) ◽  
pp. 113-130
Author(s):  
Mladen Milošević ◽  
Keyword(s):  
Criminal Law ◽  
Data Protection ◽  
Personal Data ◽  
Legal Protection ◽  
Legal Framework ◽  
Penal Code ◽  
Personal Data Protection ◽  
Data Protection Law ◽  
Legislative Changes

The paper focuses on the norms of Serbian Penal Code that incriminates personal data abuse. Starting with a brief overview of personal data legislation in Serbia, the author states that legal protection of data is guaranteed through constitutional (former federal and republic and the current Constitution) and provisions of Data Protection Law (three Laws were adopted and implemented since 1998), but also with criminal law norms. However, the quality and the implementation of mentioned criminal law provisions is questionable. The author analyses different crimes and notes that certain norms are incoherent with other relevant legislative provisions. The author points to incoherent provisions and provides recommendations de lege ferenda, concluding that legislative changes are needed in order to construct a solid legal framework for personal data protection in domestic Criminal law.

Rating Post-Operative Backs (Part I)

1997 ◽  
Vol 2 (4) ◽  
pp. 1-3
Author(s):  
James B. Talmage
Keyword(s):  
Spinal Stenosis ◽  
Foot Drop ◽  
Neurogenic Claudication ◽  
Root Damage ◽  
Fourth Edition ◽  
Minor Strain ◽  
Injury Model ◽  
Strain Type ◽  
A Minor ◽  
Anterior Tibialis

Abstract The AMA Guides to the Evaluation of Permanent Impairment, Fourth Edition, uses the Injury Model to rate impairment in people who have experienced back injuries. Injured individuals who have not required surgery can be rated using differentiators. Challenges arise when assessing patients whose injuries have been treated surgically before the patient is rated for impairment. This article discusses five of the most common situations: 1) What is the impairment rating for an individual who has had an injury resulting in sciatica and who has been treated surgically, either with chemonucleolysis or with discectomy? 2) What is the impairment rating for an individual who has a back strain and is operated on without reasonable indications? 3) What is the impairment rating of an individual with sciatica and a foot drop (major anterior tibialis weakness) from L5 root damage? 4) What is the rating for an individual who is injured, has true radiculopathy, undergoes a discectomy, and is rated as Category III but later has another injury and, ultimately, a second disc operation? 5) What is the impairment rating for an older individual who was asymptomatic until a minor strain-type injury but subsequently has neurogenic claudication with severe surgical spinal stenosis on MRI/myelography? [Continued in the September/October 1997 The Guides Newsletter]

Pelvic Impairments

2018 ◽  
Vol 23 (4) ◽  
pp. 9-10
Author(s):  
James Talmage ◽  
Jay Blaisdell
Keyword(s):  
Pelvic Ring ◽  
Reproductive Organs ◽  
High Impact ◽  
Pelvic Fractures ◽  
Motor Dysfunction ◽  
Impact Event ◽  
Concomitant Injuries ◽  
Rating Process ◽  
Pass Through ◽  
A Minor

Abstract Pelvic fractures are relatively uncommon, and in workers’ compensation most pelvic fractures are the result of an acute, high-impact event such as a fall from a roof or an automobile collision. A person with osteoporosis may sustain a pelvic fracture from a lower-impact injury such as a minor fall. Further, major parts of the bladder, bowel, reproductive organs, nerves, and blood vessels pass through the pelvic ring, and traumatic pelvic fractures that result from a high-impact event often coincide with damaged organs, significant bleeding, and sensory and motor dysfunction. Following are the steps in the rating process: 1) assign the diagnosis and impairment class for the pelvis; 2) assign the functional history, physical examination, and clinical studies grade modifiers; and 3) apply the net adjustment formula. Because pelvic fractures are so uncommon, raters may be less familiar with the rating process for these types of injuries. The diagnosis-based methodology for rating pelvic fractures is consistent with the process used to rate other musculoskeletal impairments. Evaluators must base the rating on reliable data when the patient is at maximum medical impairment and must assess possible impairment from concomitant injuries.

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