LA FALSEDAD EN DOCUMENTOS SOCIALES DEL ART. 290 CP: ¿DELITO DE FALSEDAD DOCUMENTAL

2010 ◽  
pp. 389-430
Author(s):  
JUAN IGNACIO ECHANO BASALDÚA
Keyword(s):  
Financial Statements ◽  
Case Law ◽  
Theoretical Framework ◽  
Criminal Code

La ausencia de un marco teórico suficiente en el delito de falsedad en documentos sociales del art. 290 CP ¿como hace patente la disparidad de interpretaciones que reciben los elementos típicos¿, aconseja investigar si su naturaleza es la propia de un delito de falsedad documental. Con este fin se analizan críticamente las opiniones presentes en la jurisprudencia, se concluye, contra la opinión de la jurisprudencia actualmente mayoritaria, que la falsedad no es un delito de falsedad documental y que es posible una interpretación tanto de las falsedades documentales como de la falsedad en documentos sociales más acorde con la línea iniciada por el CP de 1995 en esta materia, que permite configurar esta falsedad como un delito de información. Kode Penaleko 290. artikuluak jasotzen duen agiri sozialen faltsutasun- delituak ez duenez euskarri teoriko nahikorik ¿argi erakusten du hori elementu tipikoek ere hainbat interpretazio jasotzeak¿ komeni da aztertzea ea agiri- faltsutzearen delitu baten izaera ote duen benetan. Helburu hori aintzat hartuta, jurisprudentzian agertzen diren iritziak ikuspegi kritikoz aztertzen dira eta ondorioztatzen da, gaur egun jurisprudentzian nagusi den iritziaren kontra bada ere, faltsutasuna ez dela agirien faltsutze delitua eta litekeena dela bai agirien faltsutzeari bai agiri sozialen faltsutasunari interpretazio erabat bestelakoa ematea, kontu horretan 1995. urteko Kode Penalak adierazten zuen moduan: faltsutasun hori informazio- delitua moduan konfiguratzea. The lack of a sufficient theoretical framework for the crime of falsifying corporate financial statements by section 290 in Criminal Code ¿as it is evident given the disparity of the interpretations to the legal elements of the crime¿ suggests us to investigate whether its nature is that of a crime of misrepresenting documents. To this end, the opinions in the case law are critically analyzed and we come to the conclusion that against the majority caselaw opinion, falsehood is not a crime of misrepresenting documents and that it is arguable an interpretation of both misrepresenting documents and falsifying corporate financial statements in conformity with the trend commenced by the Criminal Code from 1995, which permits the construction of this falsehood as a crime of information.

MAIN SPECIFICATIONS OF ASSESSING ACTIVITIES OF MINOR IMPORTANCE OF IN MODERN CRIMINAL LAW

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 83-95
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
European Countries ◽  
Minor Importance ◽  
Detailed Review

The research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries.

scholarly journals HOW TO PREVENT AND DEFEND AGAINST MOBBING IN A WORKPLACE?

2019 ◽  
Vol 10 (1 (32)) ◽  
pp. 45-53
Author(s):  
Zbigniew Kohnke ◽  
Jacek Winiarski
Keyword(s):  
Labour Market ◽  
Legal Aspect ◽  
Case Law ◽  
Criminal Code ◽  
Jel Classification ◽  
Personnel Economics ◽  
Personal Rights ◽  
Organizational Perspective ◽  
Labor Discrimination ◽  
I1 Health

The phenomenon of mobbing has been recognized by researchers, psychologists, lawyers and legislators as very harmful. However, employees suffering from mobbing in the workplace can be protected in many ways. This article aims to show the most important ways of protecting against mobbing in the workplace. Our work identifies psychological forms of support. We put an emphasis on victim and persecutorpersonalities as well. We also show our recommendations concerning prevention of this form of harassment in an organizational perspective. The next part of the article explains how important is the legal aspect of mobbing and protection of employees’ personal rights: we write about the case-law cited in the Labour Code, the Civil Code and the Criminal Code. Particular emphasis is placed on the Polish labour market. JEL classification: M5 Personnel Economics, J7 Labor Discrimination, I1 Health

scholarly journals Nusikaltimai virtualioje erdvėje – šiuolaikiniai Iššūkiai ir prevencijos galimybės

2020 ◽  
pp. 274-294
Author(s):  
Ugnė Grigaitytė ◽  
Miglė Mackevičiūtė
Keyword(s):  
European Union ◽  
Case Law ◽  
Criminal Code ◽  
Virtual Space ◽  
International Level ◽  
Illegal Acts

The article presents an analysis of the virtual crimes, its problematic aspects, inter alia, prevention opportunities. Discussing types of virtual crimes, content aspects in the context of nowadays challenges, illegal acts’ measures. Regulatory reviews at national, European Union and international level, considered by the competent intitutions, as well as case law. Convention on cybercrime, adopted in 2001, extensively covering and legally regulating crimes, commited through virtual space, a comparison with Lithuanian legislation, including criminal code. The work emphasizes latency of cybercrimes likewise the damages comparing with ordinary crimes.

PENALTIES PROVIDED FOR SERIOUS CRIMES IN THE CRIMINAL CODE OF UKRAINE

2018 ◽  
Author(s):  
Oleksandra Skok ◽  
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Criminal Code ◽  
Legal Analysis ◽  
Judicial Practice ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
Special Part ◽  
The Right ◽  
National Police

The statistics of the Prosecutor General's Office on registered criminal offenses in the form of serious crimes for 2020 and 2021 were reviewed. Based on this, the number of serious crimes registered by the National Police of Ukraine during the reporting periods was determined. The provisions of the current Criminal Code of Ukraine, the Criminal-Executive Code of Ukraine, the Resolution of the Plenum of the Supreme Court No 7 of October 24, 2003 are analyzed, as well as some scientific positions of domestic scientists Knyzhenko O. O are taken into account. and Berezhnyuk V. M In addition, a review of the case law of the Supreme Court of Cassation on sentencing was studied. A thorough criminal-legal analysis of the sanctions of the articles of the Special Part of the Criminal Code of Ukraine in the part of punishments established for the category of serious crimes was carried out. Based on the analysis, it was determined which main and additional punishments are regulated in the sanctions of the articles of the Special Part of the Criminal Code of Ukraine for the investigated category of crimes. The quantitative and qualitative indicator of sanctions for serious crimes has been determined, which include: imprisonment for a definite term; punishments alternative to imprisonment; additional penalties. Legislative and doctrinal provisions on punishments in the form of imprisonment for a definite term, restriction of liberty, fine, correctional labor, arrest are considered. The judicial practice of Ukraine in the part of certain issues related to the execution of a penalty in the form of a fine and the replacement of a penalty in the form of a fine with a penalty in the form of correctional labor is analyzed. It is established that the Criminal Code of Ukraine, in the sanctions of the articles, provides for the application to a person who has committed a serious crime, punishment in the form of imprisonment, restriction of liberty, fine, correctional labor, arrest - as the main punishment. The range of additional punishments is defined, which determine: confiscation of property, deprivation of the right to hold certain positions or engage in certain activities and a fine.

scholarly journals Criminal Law Violations in Labour Safety at Coal Mining Enterprises

2019 ◽  
Vol 105 ◽  
pp. 02018 ◽  
Author(s):  
Yury Volgin ◽  
Irina Gaag ◽  
Alexander Naumov
Keyword(s):  
Supreme Court ◽  
Coal Mining ◽  
Russian Federation ◽  
Mining Industry ◽  
Case Law ◽  
Criminal Code ◽  
Distinctive Features ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Safety Rules

The paper deals with the qualification of criminal violations of safety rules in coal mining enterprises in the light of recent changes in Art. 216 and 217 of the Criminal Code of the Russian Federation, as well as the adoption of a new Resolution of the Plenum of Supreme Court of the Russian Federation on violations of safety rules during operations. Firstly, the old and new editions of Art. 216 and 217 of the Criminal Code are compared. After that, the distinctive features of the articles under consideration are examined with the help of the new Plenum Resolution, federal laws and bylaws. Finally, the case law on this issue has been reviewed since 2016 with consideration of specific examples. In the paper, the authors do not address the issues of qualifying violations of safety rules at coal mining enterprises under Art.143 of the Criminal Code as it has not been changed. At the end of the study, the authors formulate the qualification rules taking into account the latest changes, without proposing any changes to the Criminal Code of the Russian Federation and other regulatory legal acts that do not include the Resolution of the Plenum of the Supreme Court, i.e. the results of the study can be used in practice. The problem is that there is a lack of research of the changes we are considering in the Criminal Code of the Russian Federation, and even more in relation to the coal mining industry.

Part III The Right to Justice, C Restrictions on Rules of Law Justified By Action to Combat Impunity, Principle 23 Restrictions on Prescription

2018 ◽  
Author(s):  
Pinzauti Giulia
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
Case Law ◽  
Theoretical Framework ◽  
Historical Background ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Domestic Legislation ◽  
The Right

Principle 23 deals with statutory limitations (prescription, in French) aimed at protecting defendants from stale claims that might be difficult to counter. Statutory limitations refer to legal norms that regulate the effects of the passage of time in domestic systems. In criminal law, they provide for a maximum timeframe, or prescription period, within which criminal proceedings can be instituted or sentences enforced. The passage of time makes the gathering of evidence more difficult and may also reduce the effectiveness of criminal prosecution. Significant delays in criminal action may thus impair the accused’s right to a fair trial. Furthermore, criminal proceedings tend to lose legitimacy as time passes. After providing a contextual and historical background on Principle 23, this chapter discusses its theoretical framework and how the statutory limitations have been applied in practice under multilateral treaties, domestic legislation and case-law. It also examines the practice of United Nations organs.

The Lavish Corporate Hospitality: The Lawful and Unlawful Interaction of Public Officials and Private Sector Actors — Law and the Court Praxis in Finland

2013 ◽  
Vol 21 (1) ◽  
pp. 59-84
Author(s):  
Johanna Peurala
Keyword(s):  
Public Sector ◽  
Public Relations ◽  
Private Sector ◽  
Case Law ◽  
Criminal Code ◽  
Soft Law ◽  
Business Sector ◽  
Public Officials ◽  
The Public ◽  
Clear Cut

Public officials can be offered hospitality, excursions, seminars or different kinds of benefits by the business sector. These kinds of benefits can be seen to be a customary practice or the management of public relations. Finnish law does not give any clear-cut answers when a certain benefit can be seen as lawful (as a gift) or unlawful (as a bribe). The aim of this research is to clarify, based on the Finnish Criminal Code, by Finnish case law, as well as soft law instruments, the thin line between unlawful and lawful benefits in this business–public sector interaction. The article also discusses the concept of the management of public relations which the Finnish courts have mentioned as the factor that can justify the benefits given to the public officials by business sector.

The NAfME Position Statement on Sacred Music in Schools: A Genealogical Inquiry

2020 ◽  
Vol 107 (2) ◽  
pp. 20-27
Author(s):  
Matthew R. Koperniak
Keyword(s):  
Sacred Music ◽  
Case Law ◽  
Position Statement ◽  
Theoretical Framework ◽  
Music Educators ◽  
School Prayer ◽  
Relevant Case ◽  
History Of ◽  
Future Revision

This article examines the NAfME Position Statement on Sacred Music in Schools, which has not been significantly updated since it was first published in 1984. Using genealogical inquiry, the author examines the conditions surrounding the construction of this document in relation to the conditions in the present. Relationships between the history of school prayer, the archive of Music Educators Journal, and relevant case law are investigated. Postsecularsim is described and explored as a possible theoretical framework for a future revision of the position statement.

scholarly journals The Vitality Of Case-Law Under A Criminal Code

1959 ◽  
Vol 22 (6) ◽  
pp. 621-638
Author(s):  
Harry Calvert
Keyword(s):  
Case Law ◽  
Criminal Code
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