Der Schutz älterer Menschen durch das Strafrecht

2021 ◽  
Author(s):  
Stephanie Weiss-Brummer
Keyword(s):  
Criminal Law ◽  
Demographic Change ◽  
The Elderly ◽  
Legal Framework ◽  
Current State ◽  
Quality Of Protection ◽  
Criminological Research ◽  
Victims Of Crime ◽  
Special Protection

Despite the demographic change of our society, elderly people as victims of crime are still a group little noticed within the context of crime research. Therefore, this thesis deals with the victimization of the elderly and their protection by German criminal law. To this end, firstly the current state of empirical-criminological research with regard to elderly victims is elucidated to clarify fundamental questions: Is there a European and constitutional legal framework for a special protection of this group under German criminal law? Is such protection compatible with criminal law principles? On this foundation, the author then discusses the quality of protection of elderly victims.

scholarly journals The Concept of Culpability in Criminal Law and AI Systems

2020 ◽  
Vol 13 (3) ◽  
pp. 256
Author(s):  
Roman Dremliuga ◽  
Natalia Prisekina
Keyword(s):  
Artificial Intelligence ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Framework ◽  
Social Consequences ◽  
Artificial Intelligence System ◽  
Traditional Concept ◽  
Potential Harm ◽  
Intelligence System ◽  
Current State

This article focuses on the problems of the application of AI as a tool of crime from the perspective of the norms and principles of Criminal law. The article discusses the question of how the legal framework in the area of culpability determination could be applied to offenses committed with the use of AI. The article presents an analysis of the current state in the sphere of criminal law for both intentional and negligent offenses as well as a comparative analysis of these two forms of culpability. Part of the work is devoted to culpability in intentional crimes. Results of analysis in the paper demonstrate that the law-enforcer and the legislator should reconsider the approach to determining culpability in the case of the application of artificial intelligence systems for committing intentional crimes. As an artificial intelligence system, in some sense, has its own designed cognition and will, courts could not rely on the traditional concept of culpability in intentional crimes, where the intent is clearly determined in accordance with the actions of the criminal. Criminal negligence is reviewed in the article from the perspective of a developer’s criminal liability. The developer is considered as a person who may influence on and anticipate harm caused by AI system that he/she created. If product developers are free from any form of criminal liability for harm caused by their products, it would lead to highly negative social consequences. The situation when a person developing AI system has to take into consideration all potential harm caused by the product also has negative social consequences. The authors conclude that the balance between these two extremums should be found. The authors conclude that the current legal framework does not conform to the goal of a culpability determination for the crime where AI is a tool.

scholarly journals THE STATE OF LEGAL REGULATION OF OFFICIAL INVESTIGATIONS IN THE PROSECUTOR'S OFFICE

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 67-73
Author(s):  
В. О. Галушко
Keyword(s):  
Social Relations ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Current State ◽  
The Status ◽  
Definition Of ◽  
Main Regulator ◽  
High Level

The relevance of the topic of the article is that the implementation of legal procedures within a particular branch of law requires a clear establishment and definition of key stages, procedures, patterns and subjective composition of the latter. That is, we are talking about the legal regulation of legal processes, the high level of quality of which directly affects the effectiveness and efficiency of the relevant sequences of legally significant actions. Official investigations in the prosecutor's office in this aspect are no exception, so it is appropriate to analyze the current state of their legal regulation. Determining the state of legal regulation of official investigations in the prosecutor's office requires a full understanding of the features and internal nature of this category. Note that legal regulation has a deep theoretical basis. It can be pointed out that legal regulation in a separate part is an expression of the content of the principle of the rule of law, that is, it is an indicator of the action of law as the main regulator of social relations. However, there are other features of this category that are important to outline within this article. The article, based on the analysis of scientific views of scientists, offers the author's vision on the interpretation of the concept of legal regulation of official investigations in the prosecutor's office of Ukraine. Emphasis is placed on the specifics of the mechanism of legal regulation of official investigations in the prosecutor's office and identified features of its structure. The general assessment of the state of legal regulation of official investigations in the prosecutor's office is given. It is concluded that at the present stage the legal regulation of official investigations in the prosecutor's office is disordered in its internal structure. Yes, there is a corresponding dissonance between the status and the practice of applying official investigations. The procedure for this procedure, the subject composition, the local legal framework, as well as other mechanical features of official investigations are developed and have the appropriate forms of operation. At the same time, the status and purpose of official investigations in the prosecutor's office, their connection with disciplinary proceedings, principles, as well as the general place in the field of official discipline of prosecutors in modern realities are not properly regulated.

scholarly journals On the Feasibility of Introducing the Specialty of Criminology and Crime Prevention at Law Schools

2019 ◽  
Vol 13 (5) ◽  
pp. 707-717
Author(s):  
Nikolay Shelukhin ◽  
Alexandr Shelukhin
Keyword(s):  
Criminal Law ◽  
Training Programs ◽  
Public Institutions ◽  
Law Schools ◽  
Master's Programs ◽  
Criminological Research ◽  
Foreign Countries ◽  
Cis Countries ◽  
Public Demand

The authors raise the issue of training criminologists in the CIS countries. The training of criminologists should be determined by the need for these specialists in public institutions and the state policy of crime counteraction. This policy is manifested through the development, implementation and support of national anti-crime programs in the sphere of crime counteraction. Such programs could be aimed directly at counteracting crime, or at minimizing its causes (economic, social, political and others). They draw attention to the fact that the volume of knowledge needed by specialists in criminology is determined by the inner contents of criminology as a science and by the trends of criminological research. The authors conclude that two main schools of criminology — Western and Eastern — prescribe different inner contents of criminology as a science in the legal and the sociological sense. This results in different approaches to training criminologists. It is stressed that both criminological schools recognize the necessity of studying criminal law disciplines. The task of the authors was to assess the need for a special training for criminologists and the quality of such training. In the CIS universities, the niche of criminology is covered by bachelor’s and master’s programs with criminal law specialization. There are no special criminology training programs. In other foreign countries, criminologists are trained at numerous bachelor’s and master’s programs, whose specialization is dictated by public demand. The programs are of applied nature.

scholarly journals Corruption in the Czech and Slovak Republic: Did the EU pressure improve legal framework and its enforcement?

2011 ◽  
Vol 59 (7) ◽  
pp. 121-136 ◽  
Author(s):  
Ladislava Grochová ◽  
Tomáš Otáhal
Keyword(s):  
European Union ◽  
Slovak Republic ◽  
Legal Framework ◽  
The European Union ◽  
Barriers To Entry ◽  
Current State ◽  
Indicator Data ◽  
Composite Indexes ◽  
The Eu

Did the EU pressure improve legal framework and its enforcement in the Czech and Slovak Republic? The paper analyzes the current state of the Czech and Slovak quality of legal framework and its enforcement in the context of the European Union accession. We looked at a variety of corruption indicator data, such as statistics of revealed and clarified malfeasance connected with corruption per 100 capita and the composite indexes. These indicators suggest that the quality of the legal framework and its enforcement in the Czech and Slovak Republic has not improved after joining the European Union. More precisely, it can be argued that in spite of implementation of anti-corruption public policies proposed by EU institutions, perceived corruption of public officers has remained the same. This means that trustworthiness of legal framework and enforcement authorities responsible for deterrence and reduction of corruption remained the same as well. Therefore, in order to improve the quality of the legal framework and its enforcement, reduction of barriers to entry and more profound legislation reforms is suggested.

scholarly journals HISTORICAL PERIODS AND CURRENT STATE OF ADULT EDUCATION AND LEARNING IN UKRAINE

2021 ◽  
pp. 13-22
Author(s):  
Лариса Лук'янова ◽  
Майа Дернова
Keyword(s):  
Adult Education ◽  
Continuing Professional Development ◽  
The Elderly ◽  
Education And Training ◽  
Legal Framework ◽  
Further Education ◽  
Education Development ◽  
Current State ◽  
Historical Periods ◽  
And Training

Currently in Ukraine the relevance of adult education as an integral part of lifelong learn-ing is growing, which is associated with social, psychological, pedagogical, scientific, technical, economic and other factors that at the beginning of the XXI century transformed adult education from a purpose to a mean of human development. The article, based on a theoretical analysis of dissertation research and the legal framework for adult education and training, presents four historical periods of adult education development in Ukraine; characterizes its current state including the main structural components (further education, non-formal learning, continuing professional development and in-house training, training of the unemployed, education and training of the elderly), providers, management, legislative and financial support. A number of contradictions regarding the development of adult education and training in Ukraine have been identified. The study shows a steady interest of Ukrainian researchers and society in the problems of adult education and training and the formation of andragogy research school, as evidenced by the number of defended disser-tations on this issue, including 22 doctoral dissertations and 48 PhD theses. In addition, it has been found that more dissertations study adult education and training in foreign countries. At the same time many issues in adult education require immediate consideration, such as the adoption of the Law of Ukraine «On Adult Edu-cation», amendments to current legislation, development of mechanisms encouraging people to lifelong learning and employers’ participation in employee training, and investment attractiveness of adult education

scholarly journals CRIMINAL LEGISLATION OF UKRAINE AS AN IMPORTANT REGULATORY PHENOMENON OF CRIMINAL-LEGAL ACTIVITY

2021 ◽  
Vol 13 (3) ◽  
pp. 12-19
Author(s):  
Victor Hryshchuk ◽  
Keyword(s):  
Criminal Law ◽  
Social Life ◽  
Legal Framework ◽  
Legal Regulation ◽  
Scientific Basis ◽  
Public And Private ◽  
Ancient Times ◽  
Criminal Legislation ◽  
Global Law

The current ideology of criminal law as an element of the system of criminal law reality has been analysed. The differentiation of terms «criminal law validity (reality)» and «criminal validity (reality)» has been conducted. It has been stated that appropriate level of scientific background ensuring the development, adoption and application of criminal legislation is the most important prerequisite for high quality and efficiency of criminal law regulation and protection. The systematic relationships between criminal legislation of Ukraine and other branches of legislaion that specify its provision have been analysed. It has been substantiated that systematic and harmonius improvement of the norms of criminal legislation and norms of related branches that «are accomponied with them» is necessary for the efficient functioning of criminal law reality. It has been stated that regulation of criminal law in its systematic sense should be of the highest quality. The criminal law mechanism for ensuring the quality of legal regulation in any sphere of social life is complex and multifacated. It covers, in particular, public and private institutes and organizations, legal framework of their activities and international cooperation. Each of these elements must be endowed with sufficient qualitative instrumental features. Additionally, it is important to ensure a harmonious systematic connection between them. With regard to criminal law, it can be argued about the quality of its form and content, bearing in mind the philosophical axiom that form is always essential, and the essence is always formed. It has been found that traditionally since the ancestor of the science of codification Jeremy Bentham, codes were considered the highest form of expression to improve the quality and content of legislation in the doctrine of law. They are precisely recognized as such in the continental legal system, as they most fully ensure, in particular, such qualities of the legislation as systematization, clarity, accessibility, the absence of gaps and contradictions. It has been investigated, that unfortunately, the Ukrainian legislative practice goes mainly through the creation of diverse, often contradictory and separate laws which make numerous changes to the current criminal law. Legal act is considered to be excellent when it does not require specification in by-laws, or if a need to specify the norms is minimal or enforced. The global law-marking practice has recognized that since ancient times such legal act is a code of laws, if it is developed and adopted on the scientific basis of codification techniques.

scholarly journals Eliminate Hate

2020 ◽  
Vol 3 (1) ◽  
pp. 17
Author(s):  
Jenni Martin
Keyword(s):  
Mental Health ◽  
Criminal Law ◽  
Real World ◽  
Minority Groups ◽  
Hate Speech ◽  
Legal Framework ◽  
Hate Crimes ◽  
Additional Research ◽  
Current State ◽  
State Of Affairs

The prevalence of hate speech and hate-motivated crimes in Canada can be attributed to the systemic failures of Canadian laws. These laws have historically condoned ill treatment towards minorities and minimal changes have been made to remedy this. An examination of how Canadian criminal law defines hate speech and hate-motivated crimes will provide a better understanding of how the current legal framework inadequately addresses it. An analysis of the current state of affairs and real-world implications will provide information on statistics and consequences. Particular attention is focused on several minority groups who face the consequences of these crimes. More research should be conducted focusing on the effects of hate speech and crime on victims and their mental health. Moreover, additional research determining causal linkages between hate speech and serious violent incidents of hate crimes would better solidify the need to address hate speech more seriously.

scholarly journals THE MALAYSIAN PERSPECTIVE ON IMPOSING CIVIL LIABILITIES IN ROAD ACCIDENTS INVOLVING AUTONOMOUS VEHICLE

2021 ◽  
Vol 12 (Number 2) ◽  
pp. 203-228
Author(s):  
Azrol Abdullah ◽  
Nazura Abdul Manap
Keyword(s):  
Quality Of Life ◽  
Autonomous Vehicle ◽  
The Elderly ◽  
Legal Framework ◽  
Road Accidents ◽  
Road Users ◽  
Alternative Approaches ◽  
Civil Liabilities ◽  
Better Than

The advancement of artificial intelligence (AI) technology has become the fundamental catalyst in the research and development of autonomous vehicle (AV). AVs equipped with AI are expected to perform better than humans and forecasted to reduce the number of road accidents. AV will improve humans’ quality of life, such as creating more mobility for the elderly and disabled, increasing productivity, and creating an environmentally friendly system. Despite AV’s promising abilities, reports indicate that AV can go phut, causing road fatalities to the AV user and other road users. The autonomous nature of AV exacerbates the difficulty in determining who is at fault. This article aims to examine the ability of the existing legal framework to identify the person at fault so as to determine the tortious liability in road accidents involving AV. This article demonstrated that the existing legal scheme is insufficient to determine tortious liability in road accidents involving AV. This article explored the possibility of shouldering the liability on the manufacturer, the user, and even on the AV itself. This article also investigated alternative approaches that could be adopted to resolve issues on the distribution of tortious liability in road accidents involving AV. The outcome of this article could contribute to issues relating to the liability of AI.

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