scholarly journals Causal Link in Killing with Abstinence

2021 ◽  
Vol 4 (4) ◽  
pp. 379-418
Author(s):  
Mustafa Emad Dawood
Keyword(s):  
Criminal Law ◽  
Causal Link ◽  
Material Behavior ◽  
The One

It is not heresy to say that the causation that revolves around the criminal law is the one that links the cause to the causative, so it appears as a link between two poles, which is an essential axis to achieve the responsibility of the offender or not, and one of the pillars of the crime, and according to this case, factors may occur that affect the communication between The conduct and the occurrence of the result, whether prior, contemporaneous, or subsequent to determine the responsibility of the offender. And just as a crime may occur in the affirmative, it may occur in a negative way, which is achieved by the availability of conditions, and all of this is within the limits of a principle imposed on the legislator, the obligation that there is no crime or punishment except on the basis of a law, and this is within what it means that there is no crime without material behavior, to find that the legislator sometimes decomposes to criminalizing acts A broad and broad criminalization to show precisely and precisely what is the behavior, and even at the judicial level. For all of this, the researcher concluded that the legislator should be aware of the seriousness of the matter, and stipulate the crime of murder by abstaining and emptying it in a clear legislative text.

scholarly journals The Prosecution in Trial In Absentia Of Money Laundering Case Resulted from Conventional Case

2019 ◽  
Vol 06 (02) ◽  
pp. 297-319
Author(s):  
Rudi Sudirdja
Keyword(s):  
Money Laundering ◽  
Criminal Law ◽  
Due Process ◽  
Analytical Description ◽  
Public Prosecutor ◽  
The Public ◽  
Single Form ◽  
Due Process Of Law ◽  
The One ◽  
Principle Of Legality

In Indonesia, the provision of in absentia in the Money Laundering Crime Law raises problems if the crime act is originally conventional crime act. Conventional crime act should be handled based on the provisions of the Indonesian Criminal Law Procedures Code. On the one hand, the Money Laundering Crime Law regulates the provisions of the court in absentia and, on the other hand, the Indonesian Criminal Law Procedures Code does not recognize trial in absentia. This study covers the issue. To be precise, it reveals the possibility of a conventional crime act that is charged with the Money Laundering Crime Law to be tried in absentia based on the principle of formal legality. In addition, it discusses the strategy of prosecution of money laundering crime act in trial in absentia for cases that are originally conventional crime act based on the principle of due process of law. This study used analytical description research specifications and the normative juridical method. The data was collected through a document study. In accordance with the approaches, the data were analyzed in qualitative-juridical manners. This study concludes several points. The first, based on the principle of legality of formal law, the implementation of trial in absentia against general criminal acts cannot be carried out. The second, based on the principle of due process of law, the prosecution strategy in trial in absentia fur such cases are that (1) the prosecution of money laundering crime and original crime must be done separately; (2) the public prosecutor must delay the transfer of original criminal acts to the court until the accused is found and presented; (3) the indictment must be prepared in a single form; (4) the indictment must draw legal facts about the original crime; and (5) the public prosecutor can prove the legal facts about the original crime in the element of ‘assets resulting from the crime’ in the money laundering offense.

scholarly journals Criminalisation of Beggars: the Causes and Consequences of the Phenomenon

2019 ◽  
pp. 132-141
Author(s):  
Witold Klaus
Keyword(s):  
Personal Identity ◽  
Criminal Law ◽  
Homeless People ◽  
Informal Social Control ◽  
The Everyday ◽  
Polish Society ◽  
Permanent Home ◽  
The One ◽  
Governmental Control ◽  
Ways Of Life

All authorities desire to control various aspects of their subjects’ lives. Those in power claim to do it in the name of protecting the peace and safety of all citizens. For one of groups perceived to be the most dangerous is the one whose members evade formal or informal social control – they do not work, do not have a family or are estranged from them, they have no permanent home. Therefore, to make sure that no one is out of the reach of governmental control, criminal law is utilised against them and whole ways of life, and the everyday behaviours of vagrants and homeless people began to be criminalised. And this process is still ongoing. The law thus punishes a person for their personal identity, and not for specific improper or harmful behaviour undertaken by them. In this paper I would like to analyse the problem of criminalisation of beggars throughout Polish history, and present how it impacted (and still impacts) upon the lives of the poorest and the most excluded parts of Polish society.

scholarly journals Image and exposure: Envisioning genetics as a forensic-surveillance matrix

2013 ◽  
Vol 11 (3) ◽  
pp. 237-251
Author(s):  
Erin Kruger
Keyword(s):  
National Security ◽  
Criminal Law ◽  
Genetic Data ◽  
Crime Scene ◽  
Dna Profiling ◽  
Diverse Range ◽  
The Status ◽  
Legal Domain ◽  
The One ◽  
Identification Model

This paper takes the ‘visual’ as the primary subject to engage in a dialogue about surveillance by drawing upon the specific case of the genetic image. Specifically, the genetic image has shifted from the ‘one gene for one identification’ model used in the criminal law to, what are now, categorical, contextual and pattern-based configurations of DNA profiling that are able to compare multiple genetic samples in a singular image. The ability to profile genetics for law and security purposes is, thus, protracting well beyond the confines of the criminal legal domain (i.e. the crime scene, forensic laboratory, courtroom) and into the realm of surveillance: national security, defense, immigration, military and even humanitarian domains. Such a notable transition in visual profiling has also been met with a synonymous reformation in the status of genetic data as it converts from evidence in the realm of criminal law to, now, intelligence in the surveillance-based contexts noted above. This visual reclassification of genetic data reorients DNA to an informing, as opposed to an identifying role. Finally, how experts, scientists, legalists and other relevant practitioners conceive and represent ‘truth’ and ‘trust’ in light of an increasingly diverse range of genetic imagery is subject for discussion.

scholarly journals The Potential of Criminal Law in Protecting Labor Rights of Citizens (Using the Example of Article 136 of the Criminal Code of the Russian Federation)

2018 ◽  
Vol 12 (6) ◽  
pp. 836-844
Author(s):  
Michail Sagandykov ◽  
Galia Shafikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Theoretical Research ◽  
Labor Rights ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The One ◽  
Criminal Legislation

The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.

scholarly journals Problematyka konfliktu interesów w funkcjonowaniu rynku kapitałowego

Ekonomia ◽  
2018 ◽  
Vol 24 (2) ◽  
pp. 73-91
Author(s):  
Agnieszka Parkitna ◽  
Arkadiusz Górski
Keyword(s):  
Capital Market ◽  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
Good Practice ◽  
Causal Link ◽  
Secondary Market ◽  
Market Practices ◽  
Business Entities ◽  
The One ◽  
The Capital Market

Problems of conflicts of interest in the functioning of the capital marketThe study refers to the occurrence of conflicts of interest on the capital market, which negatively affects the functioning of the capital market, limits its development potential, and may even affect the outflow of investors, particularly those providing liquidity in the market. Today, the social responsibility of business entities becomes something important. It is a specific determinant of the company’s image and the basis of its operation. Word = Institution “brokerage house” should be associated with competence, honesty, or righteousness resulting from observance of the law and ethics principles of conducted business. The existence of a set of regulations the Code of Good Practice for Brokerage Houses, the Act on Counteracting Unfair Market Practices relating to the functioning of brokerage houses, there are situations in business practice that are not used to develop a capital market, based on a conflict of interest. Brokerage firms are obliged, on the one hand, to: sell shares and, on the other hand, recommend buying them. “Manipulation on the market” would mean entering into transactions that give false, misleading signals about supply, demand, and prices of equity instruments. To avoid conflicts of interest, there are special procedures in brokerage offices that prevent co-operation between competing departments: chinese walls.Each office additionally has rules governing the flow and control of confidential information. Such information may not be available, for example, between primary and secondary market forces, between sales departments and analysis departments.The indicated issues were brought together, focusing on the possible consequences of conflicts of interest. It emphasizes the difficulty of bringing justice through the necessity of showing the causal link between the conflict of interest and the possible loss of the investor. Then solutions were identified to protect against the negative aspects of the conflict of interest, and the proposals were presented in their conclusions.

scholarly journals KEBIJAKAN PENGGUNAAN SANKSI PIDANA DALAM PERUNDANG--UNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASIUNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASI

2016 ◽  
Vol 1 (1) ◽  
pp. 135
Author(s):  
Eman Sulaiman
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Administrative Law ◽  
Law Enforcement Agencies ◽  
Criminal Sanctions ◽  
Procedural Law ◽  
State Administration ◽  
The One ◽  
Level Of Understanding

<p>Abstract</p><p><span>The use of criminal sanctions as the main sanction has indicated the extent to<br /><span>which the level of understanding of the legislators to the problem of "crime and<br /><span>punishment". At least show that the limited understanding of the use of criminal<br /><span>sanctions also affect the determination of criminal sanctions in administrative<br /><span>law. "Errors" in the formulation of the implications for the difficulty and<br /><span>confusion in the law enforcement, because there is a gap of two disciplines,<br /><span>namely the criminal law on the one hand and on the other hand administrative<br /><span>law, which has its own procedural law. This confusion will lead to ambiguity in<br /><span>the resolution of cases of violation of administrative law contains criminal<br /><span>sanctions, whether enforcement will be carried out by law enforcement agencies<br /><span>within the criminal justice sisitem or whether officials of the state administration<br /><span>in the sphere of administration? Such circumstances, of course, will lead to the<br /><span>existence of legal uncertainty for the community.<br /><span>Kata Kunci: <em>sanksi pidana, hukum pidana, hukum administrasi</em></span></span></span></span></span></span></span></span></span></span></span></span></span><br /></span></p>

How Propaganda Works: Nationalism, Revenge and Empathy in Serbia

2020 ◽  
Vol 20 (5) ◽  
pp. 403-431
Author(s):  
Jordan Kiper ◽  
Yeongjin Gwon ◽  
Richard Ashby Wilson
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Expert Witness ◽  
Causal Link ◽  
Bayesian Regression ◽  
International Criminal Law ◽  
Mass Violence ◽  
Brain Sciences ◽  
War Propaganda ◽  
Legal Judgments

Abstract What is the relationship between war propaganda and nationalism, and what are the effects of each on support for, or participation in, violent acts? This is an important question for international criminal law and ongoing speech crime trials, where prosecutors and judges continue to assert that there is a clear causal link between war propaganda, nationalism, and mass violence. Although most legal judgments hinge on the criminal intent of propagandists, the question of whether and to what extent propaganda and nationalism interact to cause support for violence or participation remains unanswered. Our goal here is to contribute to research on propaganda and nationalism by bridging international criminal law and the behavioral and brain sciences. We develop an experiment conducted with Serbian participants that examines the effects of propaganda as identified in the latest international speech crime trial as causing mass violence, and thereby test hypotheses of expert witness Anthony Oberschall’s theory of mass manipulation. Using principal components analysis and Bayesian regression, we examine the effects of propaganda exposure and prior levels of nationalism as well as other demographics on support for violence, ingroup empathy, and outgroup empathy. Results show that while exposure to war propaganda does not increase justifications of violence, specific types of war propaganda increase ingroup empathy and decrease outgroup empathy. Further, although nationalism by itself is not significant for justifying violence, the interaction of increased nationalism and exposure to violent media is significant for altering group empathies. The implications of these findings are discussed with respect to international criminal law and the cognitive science of nationalism.

II Concept, Function, and Sources of International Criminal Law

2021 ◽  
Author(s):  
Ambos Kai
Keyword(s):  
Criminal Law ◽  
Critical Analysis ◽  
International Criminal ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
International Treaty ◽  
Customary International Law ◽  
General Goals ◽  
The One ◽  
Legal Concepts

This chapter lays the conceptual groundwork for the following chapters, and is written in a both philosophical and jurisprudential ink. It starts with a critical analysis of international criminal law as both concept, discipline and placeholder for an anti-impunity agenda. Certain types of crimes are separated into core crimes on the one hand and treaty-based/transnational crimes and supranational crimes on the other hand. The chapter then proceeds along the lines of the jurisprudential foundations of crime, criminal law and punishment. The author advocates for an autonomous punitive power of the international community as the basis of an autonomous international criminal law. Criminalization is based on the protection of fundamental legal interests or the prevention of serious harm. Punishment has an expressive, norm-stabilizing purpose and is intertwined with more general goals of International Criminal Justice. International Criminal Law’s sources range from customary international law over international treaty law to general principles. The DNA of the chapter is thus an amalgamation of comparative legal concepts with the peculiarities of a ius puniendi that lies at the hear of enterprise of international criminal law.

11. The Tort of Negligence

2019 ◽  
pp. 299-334
Author(s):  
Lucy Jones
Keyword(s):  
Criminal Law ◽  
Standard Of Care ◽  
Economic Loss ◽  
Causal Link ◽  
Duty Of Care ◽  
Pure Economic Loss ◽  
Breach Of Duty ◽  
The Law ◽  
The Difference

This chapter discusses the difference between the law of torts and contract and criminal law. It explores the tort of negligence, considering the necessary elements for a claim of negligence, namely the defendant owed the claimant a duty of care, the defendant breached that duty of care, and reasonably foreseeable damage was caused by the breach of duty. The chapter considers the special requirements for the recovery of pure economic loss and for loss as a result of psychiatric injuries, looking at both primary and secondary victims. The principles relating to breach of a duty of care, including the standard of care, are discussed. The chapter concludes with a discussion of the final element, considering the need for a causal link between the breach of duty by the defendant and the damage suffered by the claimant.

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