Spory o wykładnię znamion przestępstwa kradzieży energii (art. 278 § 5 k.k.) – czy prawnicy znają fizykę?

2018 ◽  
Vol 72 ◽  
pp. 397-414
Author(s):  
Tomasz Tyburcy

This article aims at analyzing the constituent elements of a criminal offense, based on Art. 278 § 5 k.k. The result of the analysis is the conclusion that in practice, only electricity can be the object of that offense. Therefore it must be specified accordingly in the provision of Art. 278 § 5 k.k. The study of literature led to the conclusion that the authors often mistakenly specify the object of that crime in a manner contrary to the principles of physics. This article presents the disputed issue of classifying the energy consumption by an entity authorized under an agreement with the provider, but with an understatement of the amounts of energy consumed by that entity. The author concluded that the classification of such act is possible based on Art. 278 § 5 and 286 § 1 k.k., depending on the definition of the result of an act which, at the time it was committed, was liable to evaluation under criminal law. The analysis also includes the controversial legal case of conscious use of energy consumed by the means of an illegal tapping into the power grid or causing a malfunction in a device designed to measure the amount of energy consumed by other persons who have not committed such an action. The study of literature led to the conclusion that according to the currently prevailing view such behavior does not fulfill the constituent elements of a crime. The author further concludes that due to the difficulties with the determination of the value of the object in question during the taking of evidence, the act of „stealing” electricity has rightly not undergone decriminalization; which could otherwise result in allegations on the grounds of infringement of the substantive law.


2016 ◽  
Vol 4 (2) ◽  
pp. 170 ◽  
Author(s):  
K. Eylem Özkaya Lassalle

The concept of failed state came to the fore with the end of the Cold War, the collapse of the USSR and the disintegration of Yugoslavia. Political violence is central in these discussions on the definition of the concept or the determination of its dimensions (indicators). Specifically, the level of political violence, the type of political violence and intensity of political violence has been broached in the literature. An effective classification of political violence can lead us to a better understanding of state failure phenomenon. By using Tilly’s classification of collective violence which is based on extent of coordination among violent actors and salience of short-run damage, the role played by political violence in state failure can be understood clearly. In order to do this, two recent cases, Iraq and Syria will be examined.



2020 ◽  
Vol 28 (3) ◽  
pp. 597-607
Author(s):  
Anna Yu. Pak

The article offers a classification of types of economic security and separately identifies foreign trade security as the most important element of the states economic security in the context of global escalation of trade contradictions in international trade. The essential characteristics of foreign trade security, characterized by permanent external influence, are revealed. Based on the identified features and characteristics, the definition of foreign trade security is given as a state of protection of exports and(or) imports from threats caused only by external influence, but not internal, in contrast to other types of economic security. It is shown that it is impossible to achieve the state of full provision of foreign trade security of the state in the conditions of participation in international economic relations. To resolve the contradiction between the goal of maximizing the effect of foreign trade activities and the simultaneous need to ensure security, we propose the formation of a scientifically-based system for ensuring foreign trade security and identify its main constituent elements.



2016 ◽  
Vol 1 (1) ◽  
pp. 17
Author(s):  
Nurul Sasmita

The aims of this thesis is (1) to investigate andexplain the positions of corporations in conducting banking criminalacts, and (2) also to identify and explain the criminal responsibility ofbank as the perpetrator in banking criminal acts. This research isnormative, conceptual approach and the approach of legislationregarding responsibility principles of the corporation for banking criminalacts.Corporations have chances in committing a crime, especially bankingcriminal acts just by making a corporation recognized as a subject ofexistence apart from human beings, so that in practice there is a criminal offense committed by the corporation. The corporation takespart in the occurrence of a crime. In practice, the determination of acriminal offenseconducted by the corporation is known through two things: first, the works of the committee: they should be constructed as theyuse the principles of the liability of corporation’s criminal actions. Principally, stakeholders and officials or employees of a corporationhave the responsibility for its owncorporate actions; second, errors in the corporation,as long as it is in the science of criminal law, the overview of criminals is still oftenassociated with physical actions performed by the manufacturers(fysieke dader) but this can be overcome by the study of  "functionalactors" (functioneledader). We can prove that the action of committeeor employees of the corporation in the society act traffic concerned,the acts of the corporationerrors in the forms (dolus or culpa) must be regarded ascorporate faults.Towards the corporations that make banking criminal acts we canhave their responsibility with the principles of strict liability. Onthe principle of strict liability, it is known that the responsibility ison them even if they do not have the required mens rea. The substanceof this principle is that the perpetrator has been punished if theperpetrator may have provable conduct prohibited by the criminalprovision (actus reus) withoutsee the inner attitude. In this conception, the corporation is consideredhaving responsibility forphysical acts performed by management. A corporation convicted in principles isintended to develop a sense of justice in the corporation who commitsbanking criminal acts as stated in Article 46 paragraph (2), sothat if a corporation committed criminal acts, we can also have theresponsibility of the corporation. Keywords:Banking Criminal Acts, Corporation, ResponsibilityMenurut peraturan perundang-udangan, korporasi sebagai subyek hukum dapat dikenakan pidana sebagaimana manusia melakuka tindak pidana. Pada praktiknya, penentuan tindak pidana yang dilakukan oleh korporasi diketahui melalui dua hal, yaitu pertama tentang perbuatan pengurus yang harus dikonstruksikan sebagai perbuatan korporasimaka digunakanlah asas pertanggungjawaban pidana. Pada asas tersebut stakeholder maupun pengurus atau pegawai suatu korporasi, bertanggungjawab terhadap perbuatan korporasi itu sendiri. dan kedua tentang kesalahan pada korporasi, memang selama ini dalam ilmu hukum pidana gambaran tentang pelaku tindak pidana masih sering dikaitkan dengan perbuatan yang secara fisik dilakukan oleh pembuat (fysieke dader) namun hal ini dapat diatasi dengan ajaran “pelaku fungsional” (functionele dader). Kita dapat membuktikan bahwa perbuatan pengurus atau pegawai korporasi itu dalam lalu lintas bermasyarakat berlaku sebagai perbuatan korporasi yang bersangkutan maka kesalahan dalam bentuk (dolus atau culpa) mereka harus dianggap sebagai kesalahan korporasi. Terhadap korporasi yang melakukan tindak pidana perbankan dapat dimintai pertanggungjawaban pidana dengan menggunakan asas strict liability.Pada asas strict liability diketahui bahwa pembebanan tanggung jawab pidana kepada pelakunya sekalipun pelakunya tidak memiliki mens rea yang dipersyaratkan. Adapun substansi dari asas ini adalah pelaku sudah dapat dijatuhi pidana apabila pelaku telah dapat dibuktikan melakukan perbuatan yang dilarang oleh ketentuan pidana (actus reus) tanpa melihat sikap batinnya. Dalam konsepsi ini, korporasi dianggap bertanggung jawab atas perbuatan yang secara fisik dilakukan oleh pengurus (direksi dan komisaris). Dipidananya korporasi pada asas ini dimaksudkan dapat menimbulkan rasa keadilan pada korporasi yang melakukan tindak pidana perbankan, sehingga apabila korporasi melakukan tindak pidana maka korporasi juga dapat dimintai pertanggungjawaban.Kata kunci: Korporasi, Pertanggungjawaban, Tindak Pidana Perbankan



2017 ◽  
Vol 1 (78) ◽  
pp. 30
Author(s):  
Silvija Kotāne

This paper shall review of the development of environmental criminal – legal protection in the Republic of Latvia. One of the most complicated valuation terms in Criminal law is essential harm. The adverse effects of marking, used assessment concept – "essential harm" to the Criminal Law Section 11, provisions are included as a criminal offense frame sign. Valuation concept „essential harm” or “significant damage” is widely used. Material injury is one of the mandatory features of the objective of acriminal offence defining the legal classification of the offence and, inany particular case, to assess the nature and consequences of thedamage in relation to the interests laid down by the law. In all cases, regulation is not specified. Significant damage and other interests protected by law in nature and severity to determine the natural environment, human health can be an expert evaluation. In deciding the question of material injury, which is especially qualifying characteristic of the Criminal Law Article 109, followed to the Special Law Annex 1 "Criteria for the detectable threat or significant risk to the law protected the interests of the forest environment conservation." With regard to essential harm the forest environment, evaluation is embedded in the law and are applied in practice.



Author(s):  
Vladimir D. Gusev ◽  
Liubov A. Miroshnichenko

An important quantitative characteristic of symbolic sequence (texts, strings) is complexity, which reflects at the intuitive level the degree of their "non-randomness". A.N. Kolmogorov formulated the most general definition of complexity. He proposed measuring the complexity of an object (symbolic sequence) by the length of the shortest descriptions by which this object can be uniquely reconstructed. Since there is no program guaranteed to search for the shortest description, in practice, various algorithmic approximations considered in this paper are used for this purpose. Along with definitions of complexity, suggesting the possibility of reconstruction a sequence from its "description", a number of measures are considered that do not imply such restoration. They are based on the calculation of some quantitative characteristics. Of interest is not only a quantitative assessment of complexity, but also the identification and classification of structural regularities that determine its specific value. In one form or another, they are expressed in the demonstration of repetition in the broadest sense. The considered measures of complexity are conventionally divided into statistical ones that take into account the frequency of occurrence of symbols or short “words” in the text, “dictionary” ones that estimate the number of different “subwords” and “structural” ones based on the identification of long repeating fragments of text and the determination of relationships between them. Most of the methods are designed for sequences of an arbitrary linguistic nature. The special attention paid to DNA sequences, reflected in the title of the article, is due to the importance of the object, manifestations of repetition of different types, and numerous examples of using the concept of complexity in solving problems of classification and evolution of various biological objects. Local structural features found in the sliding window mode in DNA sequences are of considerable interest, since zones of low complexity in the genomes of various organisms are often associated with the regulation of basic genetic processes.



Author(s):  
D.R. Kasimov

The article provides a new classification of evaluative concepts enshrined in the Criminal Code of the Russian Federation, indicates the purpose of its existence in the doctrine of criminal law. The article describes the definition of constitutive evaluative concepts that are determined as legislatively vague evaluative concepts that, by their normative-essential and functionally-substantive characteristics, are absolute, necessarily alternative, or accompanying structural features of a crime. Through the prism of the features of constitutive evaluative concepts, their varieties, essential features and functions are distinguished; interpretation (including cognitive) meaning is revealed. Moreover, the interpretation features of these evaluative concepts are considered in two interdependent aspects: the structurally-essential (associated with the types, attributes and functions of constitutive evaluative concepts) and the procedural-substantive (associated with the informative and informative activities of the interpreter). It is indicated that the interpretation features of an structurally-essential nature are, firstly, in the composition and criminogenic properties of constitutive evaluative concepts, and secondly, in the semantic structural composition, indicating a meaningful dependence of the evaluative concept on the accompanying structural features of a crime, and thirdly, legally significant functional features. At the same time, interpretative features of a procedural-substantive order are also highlighted, which include, firstly, the need for a paramount definition of the criminogenic determinant, designed to establish the structural features of a crime in a perfect act, and secondly, in an increased degree of normative casuistic derivative of these evaluative concepts. The author comes to the conclusion that constitutive evaluative concepts are interpreted according to the same logical-linguistic and legal laws, but with some marked structurally meaningful features.



Author(s):  
M. A. Zheludkov ◽  
V. N. Chernyshov ◽  
M. N. Kochetkova

Currently, due to the rapid development of information technology, there is an urgent need to protect public relations of property from crimes committed in the intellectual rights area. The absence of conceptual apparatus consolidated in laws or supported by the scientific community complicates determination of interrelations between the concepts of “property”, “ownership”, “intellectual property” and “right of ownership,” which subsequently determines the classification of acts as different objects of protection under criminal law. The article examines the complex of topical issues related to the protection against crimes in the field of intellectual property in Russia, the analysis of the ratio of crimes against property and crimes affecting intellectual property, the study of the features of the objects protected under criminal law.



2020 ◽  
Vol 1 (2) ◽  
pp. 90
Author(s):  
Prayitno Iman Santosa

Judicial practice in Indonesia, judging from the decisions of criminal cases, generally judges give legal considerations only to prove the elements of a criminal offense. In contrast, the determination of the crime is not objectively considered, and most are merely considerations of incriminating and mitigating matters. On the other hand, the judge has absolute authority in imposing a crime; the judge's freedom is guaranteed by law. The supreme power of judges who are used freely without objective measures has the potential to produce corrupt decisions and injustices. Criminal objectives must be aligned with legal goals, namely to realize penalties that guarantee legal certainty, justice, and expediency. Ideally, good sentences reflect the three purposes of the law.



Author(s):  
Māris Leja ◽  

The article deals with the flaws of the Criminal Law in determination of the particular form of mental element (mens rea) which is required for the specific criminal offense. Taking into account that the majority of legal provisions does not contain such indications, one of the elements of criminal offense is not described by the law. Such legislator`s approach raises doubts about the compliance of the Criminal Law with the principle of legal certainty. The article also criticizes opinions expressed in legal theory that attempt to fill the gaps allowed by the legislator, as well as offers amendments to the Criminal Law aiming to improve its coherence.



Author(s):  
Pavel Sergeevich Mordovin

The scientific community still does not have uniformity with regards to the definition of crime, although this concept is crucial in criminology, without which the existence and development of this science is impossible. Crime is a multifaceted phenomenon; thus, its examination within the framework of a single science does not reflect all of the aspects. The author examines various existing approaches towards the definition of crime; analyzes the concepts of natural criminal and the counter-theories. The question of the immanence of crime is explored. However, it does not seem possible to determine the only reasonable viewpoint and deny the rational kernel of other approaches. The analysis of the existing concepts and approaches towards definition of crime once again demonstrates the controversy of the question. Therefore, the analysis of opinions allows concluding on the need for classification crime, including via specific understanding of this concept. Such classification sufficiently reflects the extent of current public awareness of the criminal law, while retaining semantic load from the perspective of criminology. It also prompts the development of research on the social consequences (cost) of crime, since namely this approach seems logical for calculation of the social consequences (cost) of crime.



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