scholarly journals PRILOG RASPRAVI O KAZNI DOŽIVOTNOG ZATVORA I MEĐUNARODNIM PRAVNIM STANDARDIMA

2021 ◽  
Vol 59 (1) ◽  
pp. 173-184
Author(s):  
Dragan Jocić
Keyword(s):  
Critical Review ◽  
Criminal Code ◽  
Life Imprisonment ◽  
Conditional Release ◽  
Legal Remedy ◽  
The Subject ◽  
The Republic

The latest amendments to the Criminal Code of the Republic of Serbia have quite a lot of controversy among the professional public. The subject of this paper is a critical review of various propositions for overcoming legislative omissions in relation to the sentence of life imprisonment without conditional release for certain criminal offences. Furthermore, this paper deals with prison sentences for crimes for which the conditional release is legally excluded. The intention is to encourage the professional public to find the best solutions for overcoming legally untenable prohibition of conditional release for people sentenced to life imprisonment. The author estimates that pardon, in our legislation, does not represent an effective legal remedy, nor an alternative to conditional release.

Crimes against marriage and family before Criminal Code 1968

2020 ◽  
Vol 15 (1-3) ◽  
pp. 44-59
Author(s):  
Lidia Peneva
Keyword(s):  
Criminal Code ◽  
Point Of View ◽  
Marriage And Family ◽  
Historical Method ◽  
Legal Method ◽  
The Subject ◽  
The Republic ◽  
Criminal Groups ◽  
The Moment ◽  
Structural Point

Crimes against marriage and family are a particular group of social relation­ships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Repub­lic of Bulgaria. The subject matter of this Statement will, however, be the legisla­tive provisions concerning these criminal­ized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.

scholarly journals Offense of organizing illegal migration: subject of the offense

2021 ◽  
pp. 136-143
Author(s):  
Ion Cojocari ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Material Object ◽  
Illegal Migration ◽  
Additional Protocol ◽  
The Status ◽  
The Subject ◽  
Migrants Rights ◽  
The Republic

The fight against trafficking of migrants is a common international concern that ensures the protection of the rights not to be subjected to slavery and conditions similar to slavery. This article deals with the subject of the crime of organizing illegal migration. Particular attention is paid to the status of the migrant, who under certain conditions can be considered the subject of the crime under consideration. In the Republic of Moldova, the trafficking of migrants is protected by the crime of “organizing illegal migration”. Paragraph 4 of Article 3621 of the Criminal Code, exonerates the migrant from criminal liability for the act prejudicial to the organization of illegal migration. However, the issue arises when the migrant is the object of the crime within the meaning of the Protocol against Trafficking of Migrants. The article analyzes the special quality of the subject of the crime and of the beneficiaries of international humanitarian protection. In the author’s opinion, there are many questions that need to be elucidated, such as: who is the subject of the crime? How old is he/she? What is the special subject of the crime, and what are the conditions when the migrant can be prosecuted? In the author’s view, in order to avoid violations of migrants’ rights, the Moldovan legislature must strengthen its position on the protection of migrants’ rights so that the national criminal law (which responsibly ensures the protection of migrants’ rights) complies with the Additional Protocol on Trafficking of Migrants, having as material object the migrant’s body (material object).

REFLECTIONS ON THE SUBJECT OF THE INFLUENCE PEDDLING (ART. 326 CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA)

2021 ◽  
pp. 122-132
Author(s):  
Vadim Movileanu ◽  
Keyword(s):  
Criminal Code ◽  
Republic Of Moldova ◽  
Public Figures ◽  
Special Part ◽  
Penal Law ◽  
Penal Liability ◽  
The Subject ◽  
The Republic ◽  
Objective Side ◽  
Public Person

This analysis focuses on one of the most complex and actual issues of the Special Part of the Penal Law: the penal liability for influence peddling, particularly the subject in the case of offenses of the influence peddling and the purchase of influence. In this sense, the subject of the crime provided in paragraph (1) article 326 of the Criminal Code of the Republic of Moldova is addressed in detail, which must be a person who has influence or who claims to have influence over a public person, persons with public dignity, foreign public figures or an international official. Thus, a person who has no influence or who does not claim to have influence over a public person, a person with a position of public dignity, foreign public figures or an international official can only contribute - through complicity, organization or instigation - upon execution of the objective side of the crime specified in paragraph (1) article 326 of the Criminal Code of the Republic of Moldova.

REVIEWS OF THE OBJECT OF HUMAN TORTURE

2021 ◽  
Vol 6 (2) ◽  
pp. 66-75
Author(s):  
Zafarjon Omonov ◽  
Keyword(s):  
Human Health ◽  
Research Methods ◽  
Complex Structure ◽  
Legal Aspects ◽  
Criminal Code ◽  
Individual Characteristics ◽  
Direct Object ◽  
The Subject ◽  
The Republic ◽  
Characteristic Features

In this article, induction research methods are widely used. In particular, one of the necessary elements of his crime is, first of all, anin-depth presentation of the object of torture and its features, the views of scientists. The series also describes the concept of the object of the crime of torture, its types and classification. The article also focuses on the composition of the crime of torture, the legal significance of the object of the crime of torture, in particular their specific criminal-legal aspects. At the same time, the qualifying features of the crime of torture and the characteristic features of the victim are comprehensively covered. Thus, when studying the object of torture: given that article 110 of the Criminal Code of the Republic of Uzbekistan is placed in the section "crimes against the person", in the section "crimes against health", the object of torture is the interests of the person, and the special object is human health. The direct object of the crime of torture is a complex structure. The main direct object of torture is human health. An additional direct object of the crime of torture is the honor and dignity ofthe individual. In the crime of torture, the subject of the crime is not a mandatory element of the corpus delicti. Individual characteristics of the victim are insignificant for the main corpus delicti, but it is concluded that theoffender takes into account the differentiation of responsibility and individualization of responsibility for torture

scholarly journals The right of prisoners sentenced to life imprisonment to parole from serving a sentence or to replace the unserved part of the sentence with a milder one and ensuring it in Ukraine

2020 ◽  
Vol 2 (2) ◽  
pp. 168-175
Author(s):  
Anatoliy Chernenko ◽  
Anatoliy Shyyan
Keyword(s):  
Human Rights ◽  
Criminal Code ◽  
International Standards ◽  
Constitutional Court ◽  
Life Imprisonment ◽  
Conditional Release ◽  
Legal Norms ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right

The article examines the issues of ensuring the right of convicts to life imprisonment in Ukraine to parole from serving a sentence or replacing the unserved part of the sentence with a milder one. The norms of the Criminal Code, other legislative acts of Ukraine governing this issue, as well as the Regulation on the procedure for pardon approved by decree of the President of Ukraine No. 223/2015 of April 21, 2015 are analyzed. They are compared with international legal acts, in particular, the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, which governs the conditional release of life-sentenced prisoners or replaces the unserved part of the sentence with a milder one, as well as several decisions of the European Court of Human Rights regarding such issues. The inconsistency of Ukrainian legislation, the Regulation on the procedure for pardoning international law and the decisions of the ECHR is shown. Particular attention is paid to the decision of the ECHR in the case of “Roosters v. Ukraine” of March 12, 2019, as well as future decisions of the Constitutional Court of Ukraine and the Supreme Court, which are currently considering this issue. Considering the provisions expressed by the ECHR in this case, it is concluded that the current mechanism for such exemption does not comply with international standards and this entails the need to consolidate the relevant legal norms in Ukrainian legislation. The problematic aspects of the implementation of such a right are analyzed, some suggestions are made for their solution.

scholarly journals USLOVNI OTPUST KOD KAZNE DOŽIVOTNOG ZATVORA – KRITIČKO PREISPITIVANJE NOVIH NORMATIVNIH REŠENJA U SRPSKOM KRIVIČNOM ZAKONODAVSTVU –

2021 ◽  
Vol 59 (1) ◽  
pp. 145-158
Author(s):  
Zdravko Grujić
Keyword(s):  
Criminal Policy ◽  
Criminal Code ◽  
Point Of View ◽  
Life Imprisonment ◽  
Conditional Release ◽  
Social Reintegration ◽  
Human Rights Protection ◽  
Criminal Sanctions ◽  
Rights Protection ◽  
Criminal Legislation

The amendments and supplements of the Criminal Code of 2019 introduced into Serbian criminal legislation a life imprisonment as the most severe sentence in the criminal sanctions system. These novelties confirm the continuity of a multi-year process of (inconsistent) changes in criminal legislation that tightens the legislature’s criminal policy, broadens the limits of criminal repression, supplements the purpose of punishment, narrows the possibility of mitigating the punishment, in other words, continues to expand the retributive concept of punishing. The introduction of the life imprisonment required the amendments of several other provisions of the Criminal Code, including those relating to the purpose of punishment, impossibility of conditional release of persons sentenced to this life imprisonment, as well as the duration limit on conditional release. In most states where it forms part of the sentence system the possibility of (early, or) conditional release of prisoners is provided. It is indisputable that there are also rare exceptions to this rule. However, the paradigm of human rights protection, in particular the protection of the rights of persons deprived of their liberty, as well as the mechanisms for their protection (e.g. the jurisprudence of the ECHR), indicate that the possibility of conditional release of persons sentenced to life imprisonment in national legislations already represents an “established standard”. From a penological point of view, the implementation of treatment and treating of the prisoners sentenced to life imprisonment and the idea of their resocialization and social reintegration, is directly correlated with the possibility of their conditional release. Therefore, prescribing the possibility of conditional release of prisoners sentenced to life imprisonment, as visible to them “a path to release”, is a necessary prerequisite for the execution of the sentence.

scholarly journals Subjective Signs of the Crime of Fraudulent Looting of Property in the Criminal Law of the Republic of Uzbekistan

2021 ◽  
Vol 58 (1) ◽  
pp. 1145-1155
Author(s):  
Razzok Altiev
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
The Subject ◽  
The Republic ◽  
Subjective Side

In the article, the author analyzes the subject and subjective aspects of the crime of fraud under Article 168 of the Criminal Code of the Republic of Uzbekistan and develops a proposal to include the subjective side of the crime as a necessary feature in qualifying the act in order to improve the concept of fraud.

scholarly journals NETEISĖTO PRATURTĖJIMO NUSIKALTIMO DALYKAS

Teisė ◽  
2014 ◽  
Vol 90 ◽  
pp. 175-187 ◽  
Author(s):  
S. Makūnaitė
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
The Subject ◽  
The Republic

Straipsnyje analizuojami turto, kaip Lietuvos Respublikos baudžiamojo kodekso 1891 straipsnyje numatyto neteisėto praturtėjimo nusikaltimo dalyko, požymiai (forma, kilmė, vertė), akcentuojant kai kurias teorines ir praktines baudžiamosios atsakomybės už neteisėtą praturtėjimą problemas.  The article analyses characteristics (form, origin and value) of assets as the subject of crime of illicit enrichment provided in Article 1891 of the Criminal Code of the Republic of Lithuania (CC), highlighting some theoretical and practical problems of criminal liability related to illicit enrichment. >

scholarly journals Place of committing the offensesprovided by the art. 264 of the criminal code of the Republic of Moldova

2021 ◽  
Author(s):  
Nicolae Postovanu ◽  
Keyword(s):  
Criminal Code ◽  
Concrete Case ◽  
Republic Of Moldova ◽  
Operational Safety ◽  
The Subject ◽  
The Republic ◽  
Safety Rules

In the case of the offenses provided by the art. 264 of the Criminal Code of the Republic of Moldova, the place of committing determines the spatial limits of action of transport traffic or operational safety rules. As a result, in order to determine in a concrete case whether the art. 264 of the Criminal Code can be applied, it is necessary to determine the spatial limits of action of the concrete transport traffic or operational safety rules, which are violated by the subject. These limits are established in the normative acts referred to in art. 264 of the Criminal Code.

scholarly journals Parole Criminal Law And Practice Of The Republic Of Srpska / Primjena uslovnog otpusta u Republici Srpskoj

2015 ◽  
Vol 5 (5) ◽  
pp. 5
Author(s):  
Ljubinko Mitrović
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Correctional Institution ◽  
Conditional Release ◽  
Criminal Sanctions ◽  
The Republic ◽  
The One ◽  
Almost All ◽  
Conditional Discharge

Conditional release of the convicted person is an important and almost all modern criminal systems applicable criminal law, criminal policy and penalty doctrine, which has a very important role from the viewpoint of a particular impact on the convicted person in terms of its further re-socialization, or repair, now in a new, changed circumstances in compared to the one which housed while in the correctional institution. Thus, in the Republic of Srpska, where, according to Article 154, Paragraph 1 of the Law on Execution of Criminal Sanctions Srpska, convicted persons for which it is reasonable to expect that he would not do the crimes, and was sentenced achieve the purpose of punishment can expect a conditional discharge from a criminal correctional institutions in accordance with the provisions of the Criminal Code of the Republic of Srpska, certainly to encourage their personal efforts to engage in life at large. It is on conditional release and its specific characteristics in general, and in particular the Institute of parole in the codes of the Republic of Srpska (Bosnia and Herzegovina) will be discussed in this paper.

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