scholarly journals SPECIAL SIGNS OF THE CRIMINAL OFFENDER UNDER THE ART. 281 OF THE CRIMINAL CODE OF UKRAINE

2021 ◽  
Vol 1 (5) ◽  
pp. 215-223
Author(s):  
Oleksandr Kvitka
Keyword(s):  
Criminal Code ◽  
Criminal Offender

Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

2020 ◽  
Vol 4 (1) ◽  
pp. 63
Author(s):  
Elfan Winoto
Keyword(s):  
Legal Protection ◽  
Criminal Code ◽  
Professional Standards ◽  
Doctor Who ◽  
Legal Research ◽  
Criminal Offender ◽  
Standard Operating ◽  
Medical Emergencies ◽  
The Government ◽  
Legal Consequences

<p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p><p> </p><p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p>

PENALIZATION OF ILLEGAL INTERFERENCE IN THE OPERATION OF THE AUTOMATED COURT DOCUMENT SYSTEM IN UKRAINE

2021 ◽  
Vol 2 (2) ◽  
pp. 150-160
Author(s):  
Yehor Nazymko ◽  
◽  
Artem Shcherbina ◽  
Keyword(s):  
Criminal Law ◽  
Management System ◽  
Criminal Liability ◽  
Criminal Code ◽  
Mirror Image ◽  
Document Management ◽  
Document Management System ◽  
Criminal Offender ◽  
Unlawful Interference ◽  
Definition Of

In the article the authors consider the institute of penalization in general and penalization of illegal interference in the work of the automated document management system of the court in Ukraine in particular. It is indicated that the study of sanctions of criminal law, and in particular Art. 376-1 of the Criminal Code of Ukraine, which provides for criminal liability for unlawful interference in the automated document management system of the court, allows us to conclude that the legislator does not always correctly correlate the public danger of an illegal act, its consequences for the state and society. According to the author, the concept of penalization is somewhat narrower than penalization. This can be explained by the fact that criminal law, despite all its humanity, is an instrument, first of all, punitive, and only then educational influence. In most cases, correction is achieved through punishment in its purest form. That is why the measures and means of alternative work with a criminal offender, which consists in release from punishment are very limited. Therefore, depenalization is a mirror image of penalization, in its narrower sense. The author's definition of penalization is offered, which should be understood as a component of criminal law policy, which is a set of mutually agreed principles, laid down in the content of punishment and implemented in the form of sanctions of the Special Part of criminal law. It is concluded that currently the types of penalties provided for illegal interference in the work of the automated document management system of the court are not fully effective and do not correspond to the level of public danger of the act. An important way of development for the legislator is to change the approach to the subjects of such an offense and to establish the features of its commission, all the necessary components of the subjective side of the criminal offense. Currently, one of the effective ways to solve this situation is to differentiate criminal liability depending on the type of subject (general or special).

scholarly journals Criminological characteristics of personality traits that commit retail sale of alcoholic beverages to minors

2020 ◽  
Vol 15 (3) ◽  
pp. 48-53
Author(s):  
Anastasya A. Berndt
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Psychological Characteristics ◽  
Alcoholic Beverages ◽  
Retail Sale ◽  
Level Of Education ◽  
Criminal Offender ◽  
The Social ◽  
New Type ◽  
The Subject

The subject of the research is the criminological characteristics of convicts under art. 151.1 of the Criminal Code. The purpose is studying of analyze a new type of identity of the criminal offender, a feature of that is bringing of criminal responsibility for committing several similar administrative offenses. The study revealed specific socio-demographic characteristics of convicts under Art. 151.1 of the iCriminal Code, which account is necessary for the formation of a system for the prevention of such unlawful behavior. This is low level of education, age 30-49, crimes are committed, as a rule, by women of working specialties. An analysis of the social and role characteristics of convicts allowed to reveal the peculiarity of this crime, which has mainly a female face. This is due to the scope of activities, since women are mainly involved in trade. As a result of studying of moral and psychological characteristics of the convicts' personality, it was concluded that the sphere of commerce is sufficiently criminal, and this largely determines the formation of the criminal motivation of the convicts.

scholarly journals Criminal Policy Formulation on Regulation of Death Penalties for Criminal Actors

2020 ◽  
Vol 1 (1) ◽  
pp. 12
Author(s):  
I Dewa Made Suartha
Keyword(s):  
Criminal Law ◽  
Capital Punishment ◽  
Descriptive Analysis ◽  
Criminal Policy ◽  
Criminal Code ◽  
Policy Formulation ◽  
Criminal Offenses ◽  
Criminal Offender ◽  
Card System ◽  
Research Analysis

This article is encouraging this problem solving with finding and analyzing the formulation of the criminal offense criteria to punishable by death in Indonesian criminal law and reformulation of setting the criminal offender measurement that sentenced to death from the perspective of ius constituendum. The article based on normative legal research by examining primary and secondary legal materials by collecting legal-materials using a card system. The analytical approach uses legislation, concepts, and comparisons. The research analysis was present in the form of descriptive analysis with evaluative, systematic, formulating, and argumentative techniques in this article. The results of this research that conducted are the Indonesian criminal law does not regulate the criminal act criteria that punishable by death so that the execution of the death penalty results in injustice to both the perpetrator, the victim, and the community. The reformulation of Indonesian criminal law shall focus on the objectives and guidelines for the punishment of perpetrators of criminal offenses punishable by death refers to the Draft Criminal Code and the involvement of the victim and the community in their interests if in the execution of capital punishment there is a change to imprisonment or life imprisonment

Characteristics of convicted persons who committed a crime with administrative prejudice

2019 ◽  
pp. 9-18
Author(s):  
Анастасия Анатольевна Берндт
Keyword(s):  
Statistical Method ◽  
Research Methods ◽  
Preventive Measures ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Demographic Characteristics ◽  
Level Of Education ◽  
Main Research ◽  
Criminal Offender ◽  
New Type

Предметом исследования является социально-демографическая характеристика осужденных за преступления с административной преюдицией. Целью исследования является анализ нового типа личности преступника-правонарушителя, особенностью которого является привлечение к уголовной ответственности за совершение нескольких аналогичных административных правонарушений. Основными методами исследования являются анализ, синтез, а также статистический метод. В результате исследования выявлены специфические социально-демографические характеристики осужденных за преступления с административной преюдицией, учет которых необходим для формирования системы профилактики такого противоправного поведения. Это невысокий уровень образования, возраст 30-49, преступления совершаются преимущественно мужчинами, за исключением преступлений, предусмотренных ст. 151 УК РФ, что объясняется сферой деятельности (сфера торговли), где преимущественно заняты женщины. Преступления совершаются трудоспособными лицами без определенного рода занятий, среди лиц, участвовавших в социально значимом труде, больше всего рабочих. Сделан вывод, что для выработки более точных мер превентивного воздействия на противоправное поведение преступника-правонарушителя необходим анализ социально-демографических характеристик не только осужденных, но и лиц, ранее привлекавшихся к административной ответственности. The researching subject is the socio-demographic characteristics of those convicted of crimes with administrative prejudice. The purpose of the study is analyzing a new type of identity of the criminal offender, a feature of which is to bring to criminal responsibility for committing several similar administrative offenses. The main research methods are analysis, synthesis and the statistical method. As a result of the study, specific socio-demographic characteristics of those convicted for crimes with administrative prejudice were identified, which are necessary to form a system for the prevention of such unlawful behavior. This is a low level of education, age 30-49, crimes are committed mainly by men, with the exception of crimes under Art. 151 of the Criminal Code, which is explained by the sphere of activity (trade), where women are predominantly employed. Crimes are committed by able-bodied persons of a certain type of occupation; among those who participated in socially significant work, most are workers. The study concluded that in order to develop more accurate preventive measures on the unlawful behavior of the criminal offender, it is necessary to analyze of socio-demographic characteristics not only convicts, but also persons who were previously brought to administrative responsibility.

scholarly journals Proving The Insanity Defense in The Enforcement of Criminal Law in Indonesia

2020 ◽  
Vol 19 (3) ◽  
pp. 670
Author(s):  
Priastami Anggun Puspita Dewi
Keyword(s):  
Criminal Law ◽  
Research Method ◽  
Criminal Liability ◽  
Insanity Defense ◽  
Criminal Code ◽  
Legal Regulations ◽  
Legal Research ◽  
Psychological Condition ◽  
Criminal Offender ◽  
Made In

Criminal liability is a manifestation of the perpetrator for his or her crime. Article 44 (1) of the Indonesian Criminal Code (KUHP) explains that the insanity defense may release a perpetrator from conviction. For this research, the utilized research method was normative legal research, by which legal regulations are examined and the results neither reject nor accept a hypothesis, but give prescriptions for what should be proposed. The results of this research showed that first, insanity defense can release a criminal offender from conviction. This is because the perpetrator is unable to consciously understand that his or her actions are against the law, and that person cannot be held with criminal liability. Second, the construction of a verdict to declare whether or not a person qualifies for the insanity defense must be made in advance of his or her psychological condition, to decide if it is appropriate for the perpetrator to be convicted.Keywords: Proving; Insanity Defense; Enforcment of Crimina Law.

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

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