scholarly journals Damage compensation for innocent defendants and Convicts in Iran and the Canadian legal system

2021 ◽  
Vol 23 ◽  
pp. 370-379
Author(s):  
Mohammad Kazem Khanjani ◽  
Atoosa Bahadori
Keyword(s):  
Comparative Study ◽  
Criminal Law ◽  
Legal System ◽  
Supply Contracts ◽  
Law System ◽  
Damage Compensation ◽  
Canadian Law ◽  
Constructive Work ◽  
To Receive

In the field of innocent defendants and convicts' damage compensation who have endured further losses due to issue criminal supply contracts or orders execution, their innocence has been cleared by issuing acquittance sentences. It counted as one of the most challenging issues in private and criminal law. In these recent years, based on positive changes in the rules of Iran, a lot of works done for innocent defendants and convicts' damage compensation have endured different and unfair punishments. But no integration or constructive work has been done for guiltless convicts' damage compensation who have endured some parts or all their punishments, and their innocence has been proved but not predicted. The reverse of this matter is true in the Canadian law system. Only a guilty convict who has tolerated some or all parts of unfair punishment deserves to receive damage compensation. This study attempted to research the subject's international binding rules, and many practical strategies for guiltless convicts' damage compensation will be considered in both systems by a comparative study.

scholarly journals Piercing the Corporate Veil and Ambiguities in the Iranian Legal System: A Comparative Study with California Law

2020 ◽  
Vol 13 (2) ◽  
pp. 209
Author(s):  
Ahmad Torabi
Keyword(s):  
Comparative Study ◽  
Legal System ◽  
Common Law ◽  
Law System ◽  
Iranian Law ◽  
System A ◽  
Commercial Code ◽  
Legal Challenges ◽  
The Common ◽  
Piercing The Corporate Veil

This paper focuses on the situation of doctrine of “piercing the corporate veil” in the current Iranian legal system especially in the Iranian Commercial Code and in the Iranian Civil Code. The author discusses the ambiguities and legal challenges which arise, directly or indirectly, from implementation of these challenges. There is also a comparative study of the doctrine with the common law system. The paper aims to highlight the defects of this doctrine in the Iranian law system and provides suggestions to improve it.

Vulnerability of the modern criminal legal system of Russia from the methods and means of conducting hybrid wars

2021 ◽  
Vol 7 (3) ◽  
pp. 30-44
Author(s):  
Leonid V. Goloskokov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Legal System ◽  
Legal Protection ◽  
Criminal Code ◽  
The State ◽  
Law System ◽  
The Russian Federation ◽  
Hybrid War ◽  
Criminal Legal System

The features of the manifestations of hybrid wars were investigated by examples of its action in certain sectors of science, education, economics, finance, and criminal law. Certain characteristics of actions and events have been identified as elements of a hybrid war and not as random events. The Criminal Code of the Russian Federation does not contain the necessary articles that would allow sufficient legal protection of the rights of citizens and the interests of the state from the actions and consequences of hybrid wars. In general, the criminal law system is not ready to identify and classify events as elements of a hybrid war, repel hybrid war attacks and waging confrontation, and work on the initial preemption and prevention of hybrid wars. This article, which is proposed to be introduced into the Criminal Code of the Russian Federation, reveals the concept of hybrid war and provides its full definition in a new article. In conclusion, criminal legal measures and the possibilities of only the criminal legal system cannot solve the problems of confrontation in hybrid wars, and involvement of all the forces and resources of the state is necessary. A proposal was made on the need to move to organizing the work of Russian law enforcement agencies on new principles: preemptive and prevention of hybrid wars instead of merely identifying their consequences and fragmentary application of criminal punishment for actions that are insignificant in comparison to the scale and damage caused by a hybrid war.

scholarly journals Inflacja normatywna w prawie karnym – rzeczywistość czy złudzenie?

2021 ◽  
Vol 27 (1) ◽  
pp. 221-235
Author(s):  
Kazimierz Zgryzek
Keyword(s):  
Comparative Study ◽  
Economic System ◽  
Criminal Law ◽  
Legal System ◽  
Criminal Procedure ◽  
The Political ◽  
Criminal Proceedings

The author discusses the problem of excessive normative production in Polish legal system on the example of the changes implemented by amending the Code of Criminal Procedure. The article presents the changes implemented in the particular codes of criminal proceedings, starting with the first code of the independent Poland, the Code of 1928, followed by the amendments to that code, which remained in effect until December 31, 1969, as well as modified normative solutions remaining in effect prior to the change of the political and economic system, and concluding with the Code of Criminal Procedure which came into force on September 1, 1998. Such comparative study of the activity of the Polish Parliament between 1928 and 2017 reveals a severe excessive normative production with regard to criminal law in the recent years. The author argues that any normative changes to code regulations should be implemented only once the regulations subject to change have been tested in practice and have undergone an in-depth discussion in all groups that use the modified norms. As a positive example, the author enumerates the efforts of the Codification Commission of the Criminal Law, which resulted in the amendment of September, 2013, and compares it with the procedure of amending the Code of Criminal Procedure in March, 2016.

scholarly journals Aspek Religius dalam Pembaharuan Hukum Pidana melalui Politik Hukum Nasional

2021 ◽  
Vol 23 (1) ◽  
pp. 27
Author(s):  
Brian Septiadi Daud ◽  
Awaluddin Awaluddin
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Research Method ◽  
Holistic Approach ◽  
Law Reform ◽  
Law System ◽  
Legal Thinking ◽  
Religious Aspects

The purpose of writing is to see about the Indonesian National Law System which is based on Pancasila, especially precepts I, and also to see the accommodation of religious aspects in carrying out Criminal Law Reform through National Law Politics. The research method used in this paper is normative juridical research. The results of research in creating a Pancasila-based legal system can be carried out by applying the juridical-religious principle (for the sake of justice based on divinity) not just a formality of decisions but a substantive / material justice. Then also the paradigm of legal thinking from positivistic to positistic-empirical, which is necessary to make genuine science and law enforcement more useful, including the use of a holistic approach by taking into account the conditions of society. And in carrying out a good reform of the National Criminal Law, it is better to look at religious-based aspects / values ​​and create policies that are in accordance with society in general.

scholarly journals PIDANA MATI DALAM PERSPEKTIF HUKUM PIDANA DAN HUKUM PIDANA ISLAM

2017 ◽  
Vol 16 (1) ◽  
pp. 125
Author(s):  
Roni Efendi
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Legal System ◽  
Capital Punishment ◽  
Islamic Law ◽  
Crime Rates ◽  
Law System ◽  
Legal Standing ◽  
Pros And Cons ◽  
Sense Of Justice

Debatable of the death penalty actually based on the issue of justice, humanity and the prevention of the possibility of crime. The reasons for the rejection of the death penalty are not justified in the view of life as well as humanitarian factors and the imposition of capital punishment will not be able to prevent crime and reduce crime rates. But for those who agree with the imposition of capital punishment because of the sense of justice and peace that is in the community. The portrait is just a glimpse of the issue that colored the discourse on the pros and cons of the existence of capital punishment. Between the retensionist and the abilitionist against true the death penalty has an argument each based on his theoretical framework and norms. Indonesia as one of the countries with the European Continental legal system still apply the death penalty in punishment system beside Saudi Arabia with qhisash which  applid in Islamic Law system. Both countries have a legal standing built on the meta norms, their theories and philosophies each of course has its own urgency to be discussed in the midst of countries that condemn the existence of capital punishment. Here's an article that analyzes comparative relation to the application of thedeath penaltyin both countries that embraces the different legal system, from this comparative study will contribute thoughts in the reform of criminal law in Indonesia.

scholarly journals Superior Responsibility in Estonian Criminal Law and its Compliance with International Law

2019 ◽  
Vol 28 ◽  
pp. 64-78
Author(s):  
Andres Parmas
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Legal System ◽  
Rome Statute ◽  
International Criminal ◽  
Customary International Law ◽  
Regulatory Scheme ◽  
Law System ◽  
Superior Responsibility ◽  
Domestic Law

 If a domestic criminal-law system is to be equipped to operate in conformity with the underlying idea of complementarity that is among the International Criminal Court’s underpinnings, it is vital that, amongst other aspects of general principles of responsibility, the superior responsibility doctrine be transposed into domestic law properly. Accordingly, the paper deconstructs Art. 88 (1) of the Estonian Penal Code, which stipulates the superior responsibility concept in the Estonian legal system, for the purpose of assessing whether it exhibits compliance with customary international law on superior responsibility or Art. 28 of the Rome Statute. The analysis presented reveals considerable differences between the Estonian regulatory scheme and relevant international norms: it appears that there are several respects in which Estonian regulation does not meet the international standard and, hence, large lacunae are to be found in Estonian law on superior responsibility. For this reason, the article concludes with a recommendation that Estonian regulation of superior responsibility be complemented in such a way that it is rendered consistent with international law – specifically, with the requirements of Art. 28 of the Rome Statute – while simultaneously taking into consideration the demands stemming from Estonian criminal-law dogmatics, especially the guilt principle.

scholarly journals Adultery Criminalization Spirit in Islamic Criminal Law: Alternatives in Indonesia’s Positive Legal System Reform

2021 ◽  
Vol 5 (2) ◽  
pp. 913
Author(s):  
Supardin Supardin ◽  
Abdul Syatar
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Human Life ◽  
Criminal Code ◽  
Law Reform ◽  
System Reform ◽  
Law System ◽  
Applicable Law ◽  
The Future ◽  
New Ideas

This study aims to provide new ideas in the criminal law reform discourse in Indonesia, especially concerning the adultery issue, by employing a socio-legal approach and Islamic criminal law. The socio-legal approach was performed by combining normative analysis and non-legal scientific tactics in observing the applicable law. Meanwhile, the Islamic criminal law was used to assess and contribute new ideas to the Indonesian legal system in the future, presuming criminal law reforms are implemented. The results indicated fundamental weaknesses in Article 284 of the Criminal Code (KUHP) in terms of defining adultery and the prescribed sanctions. Hence, the community’s need for efforts to reform the adultery penalty following the national culture is inevitable. The best solution is that the spirit of adultery sanctions in Islamic criminal is expected to be an alternative to renew Indonesia’s criminal law system in the future. Although some elements of the nation may not expect the form of adultery sanction in Islamic penalties, the spirit in it aims to have strong legal certainty and maintain human life

scholarly journals Prawo sędziowskie na Węgrzech

2018 ◽  
Vol 2 (2) ◽  
pp. 6-21
Author(s):  
Antal Visegrády
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Positive Impact ◽  
Civil Law ◽  
Labor Law ◽  
Fundamental Principle ◽  
Judicial Activism ◽  
Law System ◽  
Civil Law System

Currently, there is a big discussion about judicial activism in continental legal systems. This phenomenon is rather negatively described, as the breaking the fundamental principle of separation of powers.In this paper, it will be demonstrated that, although Hungary belongs to civil law system, where judges are not allowed to be a lawmakers, actually they do make law. In Hungarian law, there is a great number of cases when judges evidently make law. What is more, their activism has a very positive impact on the whole legal system; judges make law more just and uniform, and at the same time enhance its certainty.In the following parts of the paper, it will be described the lawmaking role of judges, particular inlegal fields such as: civil law, criminal law, labor law etc.

Provision of Remedies for Violation of Economic, Social and Cultural Rights: A Comparative Study of the United Nations, Inter-American and African Human Rights Systems

2020 ◽  
Vol 28 (2) ◽  
pp. 298-318
Author(s):  
Roman Girma Teshome
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Comparative Study ◽  
Economic Rights ◽  
Regional Monitoring ◽  
Cultural Rights ◽  
The Past ◽  
The United Nations ◽  
To Receive

The effectiveness of human rights adjudicative procedures partly, if not most importantly, hinges upon the adequacy of the remedies they grant and the implementation of those remedies. This assertion also holds water with regard to the international and regional monitoring bodies established to receive individual complaints related to economic, social and cultural rights (hereinafter ‘ESC rights’ or ‘socio-economic rights’). Remedies can serve two major functions: they are meant, first, to rectify the pecuniary and non-pecuniary damage sustained by the particular victim, and second, to resolve systematic problems existing in the state machinery in order to ensure the non-repetition of the act. Hence, the role of remedies is not confined to correcting the past but also shaping the future by providing reforming measures a state has to undertake. The adequacy of remedies awarded by international and regional human rights bodies is also assessed based on these two benchmarks. The present article examines these issues in relation to individual complaint procedures that deal with the violation of ESC rights, with particular reference to the case laws of the three jurisdictions selected for this work, i.e. the United Nations, Inter-American and African Human Rights Systems.

PERSINGGUNGAN KEWENANGAN MENGADILI PENYALAHGUNAAN DISKRESI ANTARA PENGADILAN TUN DAN PENGADILAN TIPIKOR / INTERCEPTION OF JUSTICE AUTHORITY OF DISCRETION ABUSE BETWEEN ADMINISTRATION COURT AND CORRUPTION COURTS

2018 ◽  
Vol 7 (2) ◽  
pp. 213
Author(s):  
Budi Suhariyanto
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Administrative Law ◽  
The State ◽  
Government Officials ◽  
Criminal Process ◽  
The Supreme Court ◽  
State Finance ◽  
The Law ◽  
To Receive

Diskresi sebagai wewenang bebas, keberadaannya rentan akan disalahgunakan. Penyalahgunaan diskresi yang berimplikasi merugikan keuangan negara dapat dituntutkan pertanggungjawabannya secara hukum administrasi maupun hukum pidana. Mengingat selama ini peraturan perundang-undangan tentang pemberantasan tindak pidana korupsi tidak merumuskan secara rinci yang dimaksudkan unsur menyalahgunakan kewenangan maka para hakim menggunakan konsep penyalahgunaan wewenang dari hukum administrasi. Problema muncul saat diberlakukannya Undang-Undang Nomor 30 Tahun 2014 dimana telah memicu persinggungan dalam hal kewenangan mengadili penyalahgunaan wewenang (termasuk diskresi) antara Pengadilan Tata Usaha Negara dengan Pengadilan Tindak Pidana Korupsi. Pada perkembangannya, persinggungan kewenangan mengadili tersebut ditegaskan oleh Peraturan Mahkamah Agung Nomor 4 Tahun 2015 bahwa PTUN berwenang menerima, memeriksa, dan memutus permohonan penilaian ada atau tidak ada penyalahgunaan wewenang (termasuk diskresi) dalam Keputusan dan/atau Tindakan Pejabat Pemerintahan sebelum adanya proses pidana. Sehubungan tidak dijelaskan tentang definisi dan batasan proses pidana yang dimaksud, maka timbul penafsiran yang berbeda. Perlu diadakan kesepakatan bersama dan dituangkan dalam regulasi tentang tapal batas persinggungan yang jelas tanpa meniadakan kewenangan pengujian penyalahgunaan wewenang diskresi pada Pengadilan TUN.Discretion as free authority is vulnerable to being misused. The abuse of discretion implicating the state finance may be prosecuted by both administrative and criminal law. In view of the fact that the law on corruption eradication does not formulate in detail the intended element of authority abuse, the judges use the concept of authority abuse from administrative law. Problems arise when the enactment of Law No. 30 of 2014 triggered an interception in terms of justice/ adjudicate authority on authority abuse (including discretion) between the Administrative Court and Corruption Court. In its development, the interception of justice authority is affirmed by Regulation of the Supreme Court Number 4 of 2015 that the Administrative Court has the authority to receive, examine and decide upon the appeal there is or there is no misuse of authority in the Decision and / or Action of Government Officials prior to the criminal process. That is, shortly before the commencement of the criminal process then that's when the authority of PTUN decides to judge the misuse of authority over the case. In this context, Perma No. 4 of 2015 has imposed restrictions on the authority of the TUN Court in prosecuting the abuse of discretionary authority.

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