On The Matter of Begging in Bulgarian Criminal Law

De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Marieta Stavreva ◽  
Keyword(s):  
Human Rights ◽  
Fresh Water ◽  
Criminal Law ◽  
Criminal Policy ◽  
Public Spaces ◽  
Criminal Code ◽  
Standard Of Living ◽  
Financial Resources ◽  
Minimum Standard ◽  
Deviant Behaviour

The article addresses two major problems: poverty and begging. Poverty is a state or condition in which a person lacks financial resources and essentials for a minimum standard of living. The deprivation of access to fresh water, food or sanitation forces people into carrying out various life-sustaining activities in public spaces. One of these activities is begging on the streets. Unfortunately, begging has been socially stigmatised in numerous European countries, including Bulgaria, as immoral and deviant behaviour. In Bulgaria, begging has been criminalised under Art. 329, Para. 2 of the Criminal Code. Nevertheless, the issue lies in the fact that criminalising begging will not put an end to poverty. On the contrary, it threatens the existence and the exercise of fundamental human rights, which is why legislators should reconsider the criminal policy and eventually decriminalise begging.

scholarly journals Criminal Law Protection of Reproductive Health: Current Challenges

2019 ◽  
Vol 12 (2) ◽  
pp. 147-153
Author(s):  
E. L. Sidorenko
Keyword(s):  
Reproductive Health ◽  
Human Genome ◽  
Criminal Law ◽  
Policy Development ◽  
Practical Importance ◽  
Criminal Policy ◽  
Criminal Code ◽  
Research Findings ◽  
The Individual ◽  
Criminal Legislation

The subject of the research is the specifics of the criminal law protection of reproductive health in the Russian legislation. The topic was chosen due to the increasing dynamics of crimes related to limitation on the reproductive rights of women and men and unauthorized manipulation of the human genome. Despite the growing need for providing a regulatory framework for this kind of relationships, the system of their criminal law protection is only beginning to take shape, therefore, a necessity arises to revise traditional approaches to the protection of the individual. Therefore, the purpose of the paper was to understand the system of criminal law protection of reproductive health in terms of its compliance with trends of medical practices and dynamics of socially significant diseases based on both traditional principles of scientific analysis and the results of applying sociological methods of data processing, which made it possible to identify the most significant directions of the Russian criminal policy development. Moreover, the critical analysis method was used in the research that showed the inconsistency of the system of criminal law prevention of criminal abortions, contamination with socially significant diseases and illegal use of the human genome. Based on the research findings, an author’s model of criminal prevention of attacks on reproductive health has been built and its systemic assessment is given. It is concluded that the legislator is inconsistent in assessing the attributes of an unlawful abortion; the accounting of contamination with certain socially significant diseases is inadequate; the laws prohibiting the use of the human genome need to be included into the Criminal Code of the Russian Federation. The conclusions formulated in the paper have practical importance and can be taken into account by the legislator in the reform of the current criminal legislation.

Criminalizing Waste Management Activities in Albania in the Light of the European Union Legislation

2014 ◽  
Vol 22 (1) ◽  
pp. 79-99
Author(s):  
Enkelejda Turkeshi
Keyword(s):  
European Union ◽  
Waste Management ◽  
Criminal Law ◽  
Legal Framework ◽  
Criminal Code ◽  
The European Union ◽  
Minimum Standard ◽  
Negative Effects ◽  
Illegal Waste ◽  
The Eu

Illegal waste management activities violate specific rules that aim at preventing or reducing the negative effects they may have on the environment and human health. For the purpose of providing a more effective protection of the environment, in many countries and since 2008 even at the European Union (EU) level, besides the relevant administrative offences, it is also provided for a specific criminal offence against environment concerning serious infringements of the waste management legislation. This paper examines the current legal framework in Albania concerning waste-related criminal offences, against the minimum standard set forth by the EU in the Directive 2008/99/EC on the protection of environment through criminal law. While the adoption of the new framework law on Integrated Waste Management in 2011 as part of Albania’s efforts in aligning its legislation to that of the EU, has been a positive step towards more stringent rules concerning waste management, thus helping in tackling the serious and constantly evolving problems that the country has been facing in this field for years, the paper suggests that certain amendments to the Criminal Code are also necessary, as the minimum standard of the EU requires that criminal law applies at least in the case of particularly serious infringements of the new waste management legislation. These amendments would increase the protection of the environment and further the alignment of the Albanian legislation with that of the EU, while the country is seeking to fulfill obligations for EU membership.

scholarly journals DOŽIVOTNI ZATVOR I USLOVNI OTPUST U KRIVIČNOM PRAVU SRBIJE: NEKA PITANJA I DILEME

2021 ◽  
Vol 59 (1) ◽  
pp. 69-92
Author(s):  
Emir Ćorović
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Code ◽  
Academic Community ◽  
European Convention ◽  
Life Imprisonment ◽  
Sexual Freedom ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Criminal Legislation

Life imprisonment was introduced to Serbian Criminal legislation with the amendments of Criminal Code from 2019. These amendments replaced the former penalty of imprisonment from 30 to 40 years. Special attention was drawn by the fact that the new legislation allows the possibility of life imprisonment without the possibility of parole for committing certain crimes. This legal solution is considered not to be in accordance with the Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Still, the prohibition of parole was introduced to Serbian criminal law in 2013, with the adoption of the Law on the special measures for the prevention of crimes against sexual freedom towards minors. However, at that time the academic community did not give the attention it deserved to the justification of this prohibition, which by itself generates many concerns. That is why, when discussing the problematics of life imprisonment and parole, and its prohibition, one has to bear in mind the previously structured legal frame, as well as the concerns that such a prohibition creates, regardless of whether it not it relates to life imprisonment or timely limited imprisonment.

scholarly journals The goals of criminal punishment as a reflection of modern criminal policy

2020 ◽  
Vol 14 (3) ◽  
pp. 324-330
Author(s):  
V.V. Popov ◽  
◽  
S.M. Smolev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Practical Implementation ◽  
Criminal Punishment ◽  
The Social ◽  
The Russian Federation ◽  
Criminal Legislation

The presented study is devoted to the issues of disclosing the content of the goals of criminal punishment, analyzing the possibilities of their actual achievement in the practical implementation of criminal punishment, determining the political and legal significance of the goals of criminal punishment indicated in the criminal legislation. The purpose of punishment as a definition of criminal legislation was formed relatively recently, despite the fact that theories of criminal punishment and the purposes of its application began to form long before our era. These doctrinal teachings, in essence, boil down to defining two diametrically opposed goals of criminal punishment: retribution and prevention. The state, on the other hand, determines the priority of one or another goal of the punishment assigned for the commission of a crime. The criminal policy of Russia as a whole is focused on mitigating the criminal law impact on the offender. One of the manifestations of this direction is the officially declared humanization of the current criminal legislation of the Russian Federation. However, over the course of several years, the announced “humanization of criminal legislation” has followed the path of amending and supplementing the Criminal Code of the Russian Federation: introducing additional opportunities for exemption from criminal liability and punishment, reducing the limits of punishments specified in the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation, and including in the system of criminal punishments of types of measures that do not imply isolation from society. At the same time the goals of criminal punishment are not legally revised, although the need for such a decision has already matured. Based on consideration of the opinions expressed in the scientific literature regarding the essence of those listed in Part 2 of Art. 43 of the Criminal Code of the Russian Federation, the goals of punishment are determined that each of them is subject to reasonable criticism in view of the abstract description or the impossibility of achieving in the process of law enforcement (criminal and penal) activities. This circumstance gives rise to the need to revise the content of the goals of criminal punishment and to determine one priority goal that meets the needs of modern Russian criminal policy. According to the results of the study the conclusion is substantiated that the only purpose of criminal punishment can be considered to ensure proportionality between the severity of the punishment imposed and the social danger (harmfulness) of the crime committed. This approach to determining the purpose of criminal punishment is fully consistent with the trends of modern criminal policy in Russia, since it does not allow the use of measures, the severity of which, in terms of the amount of deprivation and legal restrictions, clearly exceeds the social danger of the committed act. In addition, it is proportionality, not prevention, that underlies justice – one of the fundamental principles of criminal law.

scholarly journals Cо-perpetrators of torture: national and convention definition framework

2021 ◽  
Vol 1 (15) ◽  
pp. 91-110
Author(s):  
Yuliia Serhiivna Tavolzhanska ◽  
Iryna Anatoliivna Kopyova
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Code ◽  
Theoretical Modeling ◽  
Public Official ◽  
Criminal Offense ◽  
Human Rights Organizations ◽  
European Court ◽  
Convention Against Torture ◽  
Degrading Treatment

The article is prepared in continuation of development of author's dissertation researches. The paper reveals the peculiarities of objective and subjective features of cо-perpetration in torture (both on the basis of the provisions of the Criminal Code of Ukraine, and taking into account the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. When interpreting national criminal law norms in the light of convention provisions, the requirements of two-frame criminal law research are met. The authors' positions are supported by message from human rights organizations, decisions of the European Court of Human Rights, and theoretical modeling. The article contains the following conclusions. A co-perpetrator of torture may commit this criminal offense by his or her own actions or omissions, use another person as a “means” of committing a criminal offense, or delegate the commission of a criminal offense to another person. A co-perpetrator of torture may join in committing torture at any stage of the commission of this criminal offense. If, under the circumstances of complicity in torture, a public official or other person acting in an official capacity direct torture, he or she is the perpetrator (co-perpetrator) of the offense. If, in complicity in torture, a public official or other person acting in an official capacity creates the conditions for committing the offense, he or she should be recognized as the organizer, instigator or accomplice of the torture (depending on the role he or she has played). If, in complicity in torture, a public official or other person acting in an official capacity doesn't interfere of torture, he or she is the accomplice to torture. Not preventing torture should not be confused with the mental violence that can be used to torture. Article 1 of the 1984 Convention also covers cases of involvement in the torture of public official or other person acting in an official capacity.

scholarly journals Kebijakan Pencabutan Hak Politik sebagai Pidana Tambahan dalam Perkara Korupsi di Indonesia

2021 ◽  
Vol 1 (1) ◽  
pp. 75
Author(s):  
Enha Sorandri Tahir
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Court Decisions ◽  
Political Rights ◽  
Legal Basis ◽  
Conceptual Approach ◽  
Approach Method ◽  
Research Type ◽  
Made In

Additional criminal to revoking political rights imposed on convicted corruption cases are referred to as extraordinary policy and efforts made in the context of eradicating the criminal act of corruption, in which corruption is categorized as an extra ordinary crime. The basis for additional criminal law deprivation of political rights is contained in the Criminal Code (KUHP) and Law Number 31 of 1999 concerning Eradication of Corruption as amended by Law Number 20 of 2001 (UU PTPK). This study aims to examine the additional criminal policy of deprivation of political rights against convicted corruption cases seen from the perspective of the purpose of punishment and the suitability of the legal basis used to apply additional crimes of deprivation of political rights against convicts of corruption. The type of research used in this study is the juridical normative research type. The methods used are the statutory approach method, conceptual approach, and case approach. Meanwhile, for data collection techniques, this study uses legal materials consisting of: a.) Primary legal materials, namely statutory regulations and court decisions; b.) secondary legal materials include legal books, legal journals and other scientific works in the field of law. The results of this study first reveal that the additional punishment for depriving political rights is not against the purpose of punishment. It reveals that the additional criminal legal basis for deprivation of political rights for convicted corruption cases should be more specific in determining the length of time for deprivation of political rights in the PTPK Law. KEYWORDS: Policy, Additional Punishment, Political Rights, Corruption

scholarly journals Criminal policy of Russia during a pandemic

2021 ◽  
Vol 108 ◽  
pp. 02017
Author(s):  
Aleksandr Viktorovich Pobedkin ◽  
Andrey Petrovich Fil’chenko ◽  
Tatyana Valentinovna Pinkevich ◽  
Natalia Eduardovna Martynenko ◽  
Vladimir Yurievich Zhandrov
Keyword(s):  
Information And Communication Technologies ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Main Research ◽  
Legal Response ◽  
The Russian Federation ◽  
Political Decisions

The consequence of the pandemic caused by COVID-19 was the introduction of social restrictions, which led to an increase in the number of users of social networks, as well as their activity on the Internet. The involvement of citizens in the digital environment has changed the targets of criminal efforts of the criminals. The public’s fear of the coronavirus was subjected to criminal exploitation, new forms and methods of theft appeared, as a result, the spectrum of crime shifted to the criminal use of information and communication technologies (hereinafter – ICT. The purpose of the study is to analyze the dynamics of the indicators of Russian crime during the pandemic, to assess the adopted criminal-political decisions in terms of adequacy to the changes in crime, to develop on this basis the proposals for criminal law improvement able to increase the consistency of the current Criminal Code of the Russian Federation and its compliance with the requirements of the criminal-political situation in Russia. The assessment of the sectoral structure consistency in the regulation of criminal liability for committing crimes in the special conditions of a pandemic was used as the main research method. The research was carried out by the authors based on the dialectical method, which made it possible to manage changes in social reality by means of legal response, other scientific methods: sociological, modeling, concrete historical, comparative were applied as well. The results obtained showed that overcoming the negative changes in crime requires adjusting the vector of criminal policy from liberalization towards tightening in relation to crimes committed using ICT. It is proposed to expand the list of aggravating circumstances, limit the use of some mechanisms for terminating criminal liability associated with exemption from it, and review the possibilities of applying conditional conviction to persons who have committed crimes in a pandemic, up to and including refusal of this form of implementation of criminal liability. The formulated new proposals for improving the General Part of the Criminal Code of the Russian Federation restore the consistency of the criminal law and increase the consistency of criminal-political decisions during a pandemic.

scholarly journals New Trends in the Development of Criminal Law in Modern China: a Review of Changes in Chinese Criminal Legislation

2021 ◽  
Vol 15 (1) ◽  
pp. 115-123
Author(s):  
Dongmei Pan
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Modern China ◽  
Economic Damage ◽  
Public Healthcare ◽  
Republic Of China ◽  
Special Part ◽  
Criminal Legislation

The article discusses the latest changes in the Criminal Code of the People’s Republic of China that were introduced at the end of 2020. The amendments were adopted after numerous revisions and discussions, and were officially published on December 26, 2020. As a result, fifteen new offences were added to the Criminal Code, and 47 articles were modified or amended. These amendments refer to financial security, intellectual property, security of public healthcare, production of food and medications, and the regulation of criminal liability for crimes connected with minors. Thus, they reflect the reaction of criminal legislation to public life through the criminalization and penalization of some publically dangerous actions. At the same time, they indicate the direction of Chinese criminal policy that combines «leniency» and «strictness». For example, most of the newly added offences are minor. On the whole, changes and amendments to the current Criminal Code of China are connected with different institutes of criminal law: reduction of the age of criminal liability for some offences; addition of new offences; introduction of changes and amendments to the dispositions and sanctions of some of the existing offences; provision of an opportunity to impose penalties that are under the lower limit determined by the corresponding Article of the Special Part of the Criminal Code of China if the property obtained in the crime is recovered, or the economic damage to the victim is compensated.

Rekodifikácia trestného zákona v kontexte trestných činov proti republike

2021 ◽  
Author(s):  
Eva Balážová ◽  
Jaroslav Ivor ◽  
Marta Hlaváčová
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Slovak Republic ◽  
Legal Regulation ◽  
Criminal Code ◽  
Change Points ◽  
Modern State ◽  
Criminal Offenses ◽  
The Republic ◽  
The Individual

The issue of the legal regulation of criminal offenses against the republic is interesting and concise, as it points to the importance of protection and security of the societal interests of the Slovak Republic. Defining the individual facts of crimes against the republic ensures protection against crimes that may threaten the very democratic establishment of the republic, its sovereignty, security, defense, as well as its territorial integrity. In the Slovak Republic, the area of crimes against the republic has undergone several changes, in particular the recodification of criminal law. The main crimes related to the ideology and organization of the socialist state were changed after 1989. The basis of the recodification changed the system of the Criminal Code, which expressed a change in the priority of protection of basic human rights and freedoms of individuals over the interests of the state. This change points out the position of the values of the citizens of the Slovak Republic in today’s modern state and at the same time regulates the obligations that the citizen of the whole society has.

Proprietatea în dreptul penal roman. Mijloace de protecție, noțiune și obiect

2020 ◽  
Vol 2019 ◽  
pp. 66-71
Author(s):  
Valerian Cioclei ◽  
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
Property Right ◽  
European Convention ◽  
Criminal Protection ◽  
International Conventions

The property right is guaranteed by the Romanian Constitution and by the international conventions, especially by the European Convention of Human Rights. Concretely, the Civil Code protects the property right. In a subsidiary manner, after the constitutional, conventional and civil law, the criminal law also ensures the protection of property. This brief article will reveal the means in which such protection is ensured within the Romanian Criminal Code, as well as the concept and the object of such criminal protection.

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