MERE BEZBEDNOSTI PREMA JUGOSLOVENSKOM KRIVIČNOM ZAKONIKU OD 1929. GODINE

2021 ◽  
pp. 35-43
Author(s):  
Biljana Gavrilović ◽  
Keyword(s):  
Criminal Law ◽  
Turning Point ◽  
Current System ◽  
Criminal Code ◽  
Security Measures ◽  
Criminal Sanctions ◽  
Is Security ◽  
The Subject ◽  
First Time

The subject of the analysis is security measures according to the Yugoslav Criminal Code from 1929. Namely, the importance of the analysis of security measures from the Criminal Code from 1929 is reflected in the fact that it made a turning point in the development of criminal law in Serbia, given that it for the first time had prescribed security measures in the register of criminal sanctions. Therefore, the goal is to point out the bases on which the current system of criminal sanctions is built, through the analysis of security measures from the Criminal Code from 1929.

scholarly journals The use of compulsory medical measures against convicts: problems of differentiation and individualization

2019 ◽  
Vol 13 (1) ◽  
pp. 85-90
Author(s):  
A. L. Santashov ◽  
◽  
N. М. Efremova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Aspects ◽  
Criminal Code ◽  
Security Measures ◽  
Current Trends ◽  
The Subject ◽  
The Russian Federation ◽  
Objective Description

The subject of research in the article was the theoretical and applied problems of the application of compulsory measures of a medical nature to those sentenced to imprisonment. The author addresses the legal aspects of the phenomenon under study, analyzes current trends in criminal policy and foreign experience. It has been established that in most countries compulsory medical measures are considered as a type of other criminal law measures (security measures). The purpose of the study is to give an objective description of the relevant means of differentiation and individualization, to identify gaps and shortcomings in the regulatory framework and to formulate proposals for improving legislation in the designated area. The results of the study was a scientifically based evaluation of the work of the domestic legislator on the regulation of the use of compulsory medical measures in the Criminal Code of the Russian Federation and the Penal Code of the Russian Federation.

scholarly journals SAFETY MEASURE OF MANDATORY TREATMENT FREEDOM OF ALCOHOLICS (STANDARD AND PRACTICE)

2021 ◽  
Vol 59 (2) ◽  
pp. 143-160
Author(s):  
Slađana Mi ◽  
◽  
Dragana Mitrović ◽  
Keyword(s):  
Total Mass ◽  
Criminal Code ◽  
Safety Measure ◽  
Security Measures ◽  
Safety Measures ◽  
Criminal Sanctions ◽  
Security Measure ◽  
The Subject ◽  
The Republic ◽  
Criminal Legislation

In accordance with modern understandings of criminal law science and solutions present in the comparative criminal legislation, the Criminal Code of the Republic of Serbia pays special attention to security measures as special and above all specific criminal sanctions. They are one of the four types of criminal sanctions provided for in this legal text. Among the eleven security measures, four are of a medical nature and they differ in a number of features, not only in relation to other criminal sanctions, but also other security measures. One of the medical safety measures is the obligatory treatment of alcoholics. There are a number of specifics of this security measure, and one of them is its manner of execution. Given this, the subject of analysis in the paper are two aspects of the safety measure of compulsory treatment of alcoholics. These are: normative and practical. The justification of this approach in the analysis of the subject matter is contained in the fact that only adequately performed and this security measure is in the function of its standardization - the function of eliminating conditions or conditions that may affect the perpetrator in the future does not commit crimes due to alcohol dependence. to the expression of criminal acts of violence that are increasingly present in the total mass of crime.

scholarly journals Theoretical and Conceptual Reflection Regarding Corporate Criminal Responsibilities Influencing the Formulation of Laws

Lentera Hukum ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 17
Author(s):  
Fitriani Rahmadia
Keyword(s):  
Criminal Law ◽  
Corporate Responsibility ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Criminal Code ◽  
Policy Formulation ◽  
Legal Subject ◽  
Criminal Sanctions ◽  
The Subject ◽  
Corporate Criminal Liability

In Indonesia, the development of the corporation as the subject to criminal acts takes place outside the Criminal Code, regulated in special legislation. While the Criminal Code itself still adheres to the subject of criminal acts in the form of people, the corporation (juridical person) appears as a subject that can commit a crime and should also be accountable in criminal law. However, this condition has not been realized concretely in our Criminal Code. The formulation policy regarding corporate criminal liability for victims of corporate crime that exists or is currently in force has not been able to realize the corporate criminal liability. Although there are sanctions that can be imposed on corporations, most of these provisions only protect potential victims and are not responsible for actual or real victims. In other words, the current formulation policy has not been able to ensnare and impose criminal sanctions on corporations who commit crimes, especially criminal sanctions which are oriented to the fulfillment or restoration of victims' rights in the form of compensation payments after the crime. This paper will discuss the position and the responsibility of the corporation as a subject of criminal law in Indonesia and analyze policy formulation of the Criminal Code and the draft of the Criminal Code that related to corporate responsibility as a legal subject. Keywords: Corporate Criminal Responsibilities, Criminal Law, Corporate Responsibility.

scholarly journals Failure to render medical aid to the patient (Article 124 of the Criminal Code of the Russian Federation) as an intended crime: a concurring opinion

2021 ◽  
pp. 24-48
Author(s):  
Kirill Alekseevich Berchanskiy
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Complex Nature ◽  
Medical Aid ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation ◽  
First Time

The subject of this research the judicial practice of Russian courts for the period from 2010 to 2020 on crimes qualified under the Article 124 of the Criminal Code of the Russian Federation. The subject also includes: relevant provisions of the Russian, Soviet and foreign legislation; doctrinal research dedicated to such types of crimes and iatrogenic crimes in general; as well as crimes with two elements of guilt. The goal is to indicated the discrepancies in the practice of Russian courts, clarify the contributing circumstances, and develop proposals for their elimination. The scientific novelty of this work is dictated by integrity of the used data and methods, previously undisclosed factors of law enforcement and doctrinal contradictions, as well as conclusions that are formulated in the Russian criminal law science for the first time. The first conclusion of this research consists in determination of essential contradictions in the practice of Russian courts with regards to application of the Article 124 of the Criminal Code of the Russian Federation “Failure to render medical aid to the patient”. The author established that the reason for these contradictions lies in disparity of the researchers in the question of the subjective side of the crime. The cause of this phenomenon is of complex nature, including the influence of the previously refuted theory of the “mixed” element of guilt. The main result of this research consists in substantiation possibility of establishing the two elements of guilt in the act qualified under the Article 124 of the Criminal Code of the Russian Federation, which however results from the flaws of the legal technique. As a solution to this problem, the author offers the projects of reforming the domestic criminal law based on the adapted provisions of the German criminal law.

scholarly journals Criminal Liability of Legal Entities under the Laws of the Republic of Slovenia

2018 ◽  
Vol 5 ◽  
pp. 75-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Security Measures ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Commercial Activities ◽  
Criminal Offenses ◽  
Conditional Sentence ◽  
The Republic ◽  
Legal Entities

The article is dedicated to review of the laws of the Republic of Slovenia on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 1999 and the Criminal Code of the Republic of Slovenia. The article reviews statutory resolutions making it possible to review a legal entity as a criminal liability subject; gives a number of persons, which can be brought to criminal liability; focuses on the fact that legal entities can be brought to criminal liability in the Republic of Slovenia for a limited number of acts (crimes) defined by the law; considers criminal sanctions applicable to legal entities: fi ne, forfeiture of property, legal entity liquidation, prohibition to place securities held by a legal entity; reviews the possibility of imposition of a conditional sentence on a legal entity and the security measures applicable to legal entities, including: sentence publication and prohibition to engage in specific commercial activities.

The Subject of a Crime Under Part 1 of Art. 282 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 7 ◽  
pp. 87-92
Author(s):  
E. G. Bykova ◽  
◽  
A. A. Kazakov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Practical Significance ◽  
Constitutional Court ◽  
Scientific Publications ◽  
Legal Method ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Code

The change in the disposition of Part 1 of Art. 282 of the Criminal Code of the Russian Federation led to questions from law enforcement officers about from what moment a person is considered to be held administratively liable and what to mean by the commission of a similar act. The article carries out a systematic legal analysis of the provisions of the Criminal Code of the Russian Federation and the Administrative Code of the Russian Federation, as well as the position of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation in order to formulate proposals for solving the indicated problems. The fundamental method was dialectical. The formal legal method was used in the study of regulations governing certain aspects of the legal assessment of unlawful acts that take into account administrative precedence. Using a comparative legal method, a distinction was made between situations where a person was ordered to be held administratively liable and an administrative penalty was imposed. Scientific publications on the subject were analyzed. It was concluded that the current version of Part 1 of Art. 282 of the Criminal Code of the Russian Federation, containing a formally indefinite legal category, raises the problem of calculating the one-year period during which a person can be prosecuted under this norm if there is an administrative precedence. In addition, it is justified that a «similar act» should be understood only as an administrative offense, responsibility for which is provided for in Art. 20.3.1 Administrative Code of the Russian Federation. The use of criminal law by analogy is unacceptable, therefore, it is proposed to amend the disposition of Part 1 of Art. 282 of the Criminal Code to eliminate the identified gap. The problem identified could be the basis for further scientific research. The practical significance is due to the fact that the positions formulated by the authors can be taken into account in the process of improving criminal law, when amending the relevant explanations of the highest court in this category of cases in order to form a unified practice of applying criminal law.

COUNTERING MATCH-FIXING: COMPARISON OF CRIMINAL LAW AND SPORTS LAW REGULATION ON THE EXAMPLE OF THE RUSSIAN ICE HOCKEY FEDERATION

2021 ◽  
Author(s):  
Евгения Германовна Ветрова ◽  
Илья Александрович Васильев
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Ice Hockey ◽  
Sports Law ◽  
The Subject ◽  
The Russian Federation ◽  
Similarities And Differences ◽  
Objective Side ◽  
Subjective Side

В статье проводится сравнение положений ст. 184 УК РФ (Оказание противоправного влияния на результат официального спортивного соревнования) и соответствующих статей Дисциплинарного Регламента Федерации Хоккея России. Автор произвел сравнение составов анализируемых правонарушений: объекта, субъекта, объективной стороны и субъективной стороны и указал их сходства и отличия. The article compares the provisions of Article 184 of the Criminal Code of the Russian Federation (Illegal influence on the result of an official sports competition) and the corresponding articles of the Disciplinary Regulations of the Russian Ice Hockey Federation. The author compared the components of the analyzed offenses: the object, the subject, the objective side and the subjective side, and indicated their similarities and differences.

scholarly journals KEBIJAKAN HUKUM PIDANA DALAM PERTANGGUNGJAWABAN TINDAK PIDANA KORPORASI DI INDONESIA

2017 ◽  
Vol 5 (4) ◽  
pp. 766
Author(s):  
I Dewa Made Suartha
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Concept Analysis ◽  
Criminal Code ◽  
Difficult Problem ◽  
The Subject

The acceptance of corporation as the subject of criminal act brings problem to criminal law policy in corporation criminal act responsibility. There are 2 principle problems in this study : (1) How is the current criminal law policy in corporation criminal act responsibility?. (2) How is criminal law policy upon the corporation criminal act responsibility in ius constituendum perspective? The research used normative law method with legislation, comparative and law concept analysis approaches. The result of the research : (1) Criminal code has not regulates corporation as the subject of criminal act that is accountable for criminal law, nevertheless it is partial but inconsistent, (2) Criminal Code Bill 1999-2000 has clearly and completely regulated corporation as subject of criminal act and is accountable for criminal law and accept unconditional criminal responsibility as well as substitute criminal responsibility, although with the exception to solve difficult problem in order to prove mistakes made by corporation. Diterimanya korporasi sebagai subjek tindak pidana, dapat menimbulkan permasalahan kebijakan hukum pidana dalam pertanggungjawaban tindak pidana korporasi. Dalam penelitian ini terdapat dua permasalahan pokok, yaitu (1) Bagaimanakah kebijakan hukum pidana pada saat ini dalam pertanggungjawaban tindak pidana korporasi?. (2) Bagaimanakah kebijakan hukum pidana terhadap pertanggungjawaban tindak pidana korporasi dalam perspektif ius constituendum ? Metode penelitian yang dipergunakan adalah metode penelitian hukum normatif dengan pendekatan perundang-undangan, perbandingan dan analisis konsep hukum. Hasil penelitian adalah : (1) KUHP tidak mengatur korporasi sebagai subjek tindak pidana yang dapat dipertanggungjawabkan dalam hukum pidana sedangkan di beberapa perundang-undangan di luar KUHP telah mengatur korporasi sebagai subjek tindak pidana yang dapat dipertanggungjawabkan dalam hukum pidana, namun masih bersifat parsial dan tidak konsisten, (2) Rancangan KUHP 2014-2015 telah mengatur secara lengkap dan tegas korporasi sebagai subjek tindak pidana dan dapat dipertanggungjawabkan dalam hukum pidana dan menerima pertanggungjawaban pidana mutlak serta pertanggungjawaban pidana pengganti, meskipun dengan pengecualian untuk memecahkan persoalan kesulitan dalam membuktikan adanya unsur kesalahan yang dilakukan oleh korporasi.

scholarly journals Features of signs of the crime object provided by article 166 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 192-198
Author(s):  
Алена Харламова ◽  
Alena Kharlamova ◽  
Юлия Белик ◽  
Yuliya Belik
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Direct Object ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to the problematic theoretical and practical issues of the content of the signs of the object of the crimes under Art. 166 of the Criminal Code. The authors determined the main direct object, revealed the essence of the right of ownership, use and disposal. Marked social relations that can act as an optional direct object. Particular attention is paid in the article to the subject of the crime. Attempts have been made to establish criteria that are crucial for the recognition of any vehicle as the subject of theft. The content of the terms “automobile” and “other vehicle” is disclosed. The analysis of the conformity of the literal interpretation of the criminal law to the interpretation of the law enforcer is carried out. It is summarized that the Supreme Court of the Russian Federation narrows the meaning of the term “other vehicle”, including in it only vehicles for the management of which, in accordance with the legislation of the Russian Federation, is granted a special right. The authors provide a list of such vehicles and formulate a conclusion on the advisability of specifying them as the subject of a crime. The narration of the article is accompanied by examples of decisions of courts of various instances in cases of crimes under Art. 166 of the Criminal Code of the Russian Federation

scholarly journals Remarks on codex crimes of capital fraud art. 311 CC in the background of neighbouring countries

2018 ◽  
Vol 47 ◽  
pp. 41-52
Author(s):  
Piotr Ochman
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
The Subject ◽  
Legislative Changes

The subject of the article is the presentation of the genesis of criminalisation of capital fraud in the Polish Criminal Code. Further edits of the projects of this crime in the drafts of the current Criminal Code are also analysed, as well as the scope of criminalisation and the problem of repression of capital fraud in Polish criminal law. In addition, solutions proposed to criminalise capital fraud in neighbouring countries are presented. These analyses provide the basis for reporting significant legislative changes.

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