scholarly journals The Criminal Law Syllabus and the Realities of Legal Practice in Hong Kong

2021 ◽  
Author(s):  
Daniel Pascoe
Keyword(s):  
Hong Kong ◽  
Criminal Law ◽  
Legal Practice

scholarly journals Rape in Finnish criminal law and process - A discussion on, and beyond, consent

2021 ◽  
Vol 8 (2) ◽  
pp. 21
Author(s):  
Daniela Alaattinoğlu ◽  
Heini Kainulainen ◽  
Johanna Niemi
Keyword(s):  
Sexual Violence ◽  
Criminal Law ◽  
Research Team ◽  
Structural Changes ◽  
Criminal Code ◽  
Societal Change ◽  
Legal Practice ◽  
Sexual Offences ◽  
Criminal Process ◽  
The University

Chapter 20 of the Finnish Criminal Code, which regulates sexual offences, is currently undergoing structural changes. Focusing on the section of rape, this article investigates the amendments proposed by the Ministry of Justice in 2020 in the light of the current Finnish legislation, legal practice, supranational normative developments and societal change. Lessons are drawn from a recent research project about the attrition of sexual violence in the Finnish criminal process by a research team at the University of Turku. The article welcomes the increased emphasis on voluntariness, contextuality, power imbalances and communication in the suggested draft law. It also criticises some weaknesses of the draft legislation. Conclusively, it proposes further action to improve legal clarity and strengthen the enforcement of a new legal conceptualisation of sexual violence.

scholarly journals Rethinking the Penalty of Illicit Enrichment Crime in Ethiopia: Lessons from Comparative Analysis

2020 ◽  
Vol 6 (3) ◽  
pp. 213
Author(s):  
Diriba Adugna Tulu
Keyword(s):  
Hong Kong ◽  
Comparative Analysis ◽  
Criminal Law ◽  
Justice System ◽  
Public Confidence ◽  
Legal Regimes ◽  
Severe Punishment

The crime of illicit enrichment has been widely accepted as a useful mechanism for curbing corruption, both international and regional anti-corruption instruments. This article's main objective is to comparatively analyze the rationality and appropriateness of the penalty provided for illicit enrichment crime in the Ethiopian Corruption Crimes Proclamation compared with Hong Kong and Rwanda's legal regimes to draw some best lessons and way forwards for the identified problems. The article found that the Ethiopia Corruption Crimes Proclamation fails to set a minimum penalty limit and entails severe punishment in terms of imprisonment and fine that can convey a meaningful message to potential offenders. Thus, the penalty provided for the crime of illicit enrichment is designed in a manner in which the person who commits such crime has the chance to be less punished. In effect, this provision is inconsistent with the purpose of criminal law and major sentencing principles, but it also degenerates public confidence in the justice system. Therefore, Ethiopia needs to take a lesson from Hong Kong and Rwanda's experiences in incorporating severe and setting minimum limit of penalty for the crime of illicit enrichment that can convey a meaningful message to potential offenders.

Cauzele justificative și transmiterea unor boli infectocontagioase

2020 ◽  
Vol 2020 (2020) ◽  
pp. 319-347
Author(s):  
Dorel HERINEAN ◽  
Keyword(s):  
Public Health ◽  
Infectious Diseases ◽  
Criminal Law ◽  
Social Value ◽  
Legal Practice ◽  
The Public ◽  
The Law ◽  
The Times ◽  
Near Future

In the context of the COVID-19 pandemic, this article analyses some possibilities provided by the law in order to protect the public health or the health of an individual, respectively the commission of certain actions sanctioned by the criminal law under the incidence of the justification causes, with the consequence of their lack of criminal character. Whether it is the means of retaliation or rescue that can be used by a person facing the transmission of infectious diseases, the actions necessary to prevent or combat the pandemic that the law authorizes or the availability or not of a person's health as a social value, the situations that may appear in the near future in the legal practice have not been previously studied by the doctrine and have an element of novelty. Thus, the article makes, based on some theoretical exercises, a punctual analysis of some problems of application and interpretation that could intervene and for which are offered, most of the times, generic, principled landmarks, but also some concrete solutions on the incidence or exclusion from the application of the justification causes.

scholarly journals Deterrence and Crime Results

2007 ◽  
Vol 10 (1) ◽  
pp. 1-77 ◽  
Author(s):  
Marcelo Ferrante
Keyword(s):  
Criminal Law ◽  
Point Of View ◽  
Overwhelming Majority ◽  
Legal Practice ◽  
Economic Literature ◽  
Economic Theories ◽  
Psychological Conditions ◽  
Comprehensive Study

This article offers a comprehensive study of the merits of the legal practice of punishing accomplished crimes more severely than attempted crimes all other things being equal (differential punishment)vis-àà-vis the alternative of punishing them with equal sanctions (equal punishment).Unlike the overwhelming majority of the literature on the issue--which focuses on which practice better mirrors the offenders' relative moral deserts--the article evaluates both practices from a consequentialist, deterrence-based point of view. In particular, it shows first that traditional economic theories of the criminal law should yield the conclusion that differential punishment is not superior to equal punishment.The few arguments that the economic literature offers against such conclusion, the article shows, are mistaken. Secondly, drawing on social and psychological findings, the article advances three new arguments showing that, under some likely social and psychological conditions, differential punishment is in fact a superior alternative to equal punishment.

scholarly journals Das Gesetz gegen Doping im Sport in der Praxis – Eine Evaluierung

2021 ◽  
Author(s):  
Elisa Hoven ◽  
Michael Kubiciel
Keyword(s):  
Federal Government ◽  
Case Studies ◽  
Criminal Law ◽  
Legal Practice ◽  
Practical Application ◽  
The Law ◽  
The Relationship

The act against doping in sport stands at the end of an intensive legal discussion. The main points of contention were the introduction of a punishable ban on self-doping and the relationship between national criminal law and the law governing sports associations. Five years after the act came into force, the authors undertook an evaluation of its provisions and its practical application on behalf of the German Federal Government. The book uses case studies and interviews to illustrate the strengths and weaknesses of the act against doping in sport. In this way, the book serves both to understand national legal practice and to provide guidance for legislators and sports associations.

The ecocrime directive and its translation into legal practice

2017 ◽  
Vol 8 (2) ◽  
pp. 236-255
Author(s):  
Giovanni F. Perilongo ◽  
Emanuele Corn
Keyword(s):  
Criminal Law ◽  
Environmental Crime ◽  
Criminal Sanction ◽  
Legal Practice ◽  
European Institutions ◽  
Policy Objectives ◽  
Definition Of ◽  
The Eu

Directive 2008/99/EC, on the protection of the environment through criminal law, was approved after fierce dispute among European institutions. Its aim was to harmonise the definition of environmental offences in the EU and to ensure that they would be punished with ‘proportionate, effective and dissuasive’ criminal sanction. The authors, after having outlined the notion of environmental crime that the harmonisation instrument wishes to combat, critically assess its policy objectives and investigate the legal and practical outcomes of its implementation. In the final paragraph, they discuss the challenges faced by national authorities when trying to translate such supranational legislation into court practices.

Criminal law as a moral stronghold

2019 ◽  
pp. 59-74
Author(s):  
Hans Boutellier
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Moral Order ◽  
Complex World ◽  
Legal Practice ◽  
Moral Issues ◽  
Moral Space ◽  
Security Discourse ◽  
The Relationship

This chapter analyses the position of criminal law in order to understand the dominance of the security discourse. In a morally coherent community, criminal law functions as a last resort — an ultimum remedium. This was the case until the 1970s. Due to rising crime figures and societal unease, the position of criminal law shifted from a legal practice on the periphery to a central institution of moral order. The chapter discusses a switch in the relationship between morality and criminal law. After the 1970s, criminal law was no longer the result of consensus on moral issues, but it was the other way round: criminal law became the defining authority in the design of moral space. It is the moral stronghold in a liquid society, an anchor in a complex world without direction. The chapter shows how ‘the victim’ was the key in this ‘inversion’ of morality and criminal law.

BOARD MEMBERS’ RESPONSIBILITY IN A LIMITED LIABILITY COMPANY. THE PERSPECTIVE OF CORPORATE GOVERNANCE

2020 ◽  
Vol 21 (2) ◽  
pp. 47-57
Author(s):  
Adam Samborski
Keyword(s):  
Corporate Governance ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Civil Law ◽  
Limited Liability ◽  
Legal Responsibility ◽  
Board Members ◽  
Limited Liability Company ◽  
Legal Practice

The aim of the article is to evaluate legal solutions contained in the Act of 15 September 2000. Code of Commercial Companies concerning civil and criminal responsibility of board members in a limited liability company. The evaluation of legal solutions was based on the concept of corporate governance. It was assumed in the considerations that legal responsibility is an incentive to encourage board members to act in the interest of the company’s creditors, company and shareholders. In accordance with the regulations on civil law responsibility of the board members, the protected good is the good of the creditors and the company. The adopted legal solutions protect the shareholders in an indirect way. Under criminal law, the legislator penalises those actions or omissions of board members which harm a wider range of stakeholders, i.e. the company’s creditors, company, shareholders, contractors. In conclusion, it is emphasised that the Act of 15 September 2000. Commercial Companies Code comprehensively and exhaustively regulates the issue of responsibility of board members. However, a full assessment requires an analysis of the judicial and legal practice, which is not under consideration

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