Waffen und gefährliche Werkzeuge als Strafschärfungsgrund

2019 ◽  
Keyword(s):  
Criminal Law ◽  
Federal Court ◽  
Criminal Code ◽  
International Criminal Law ◽  
Law Reform ◽  
Historical Representation ◽  
Federal Court Of Justice ◽  
The Law ◽  
Definition Of ◽  
European Criminal Law

The 6th Criminal Law Reform Act of 1998 increased the sentences for carrying ‘dangerous implements’ in the German Criminal Code, but attempts to give a sufficiently precise definition of the concept of a ‘dangerous implement’ have failed. However, there are hardly any considerations on how to draft an ‘appropriate new version of the law’, as suggested by the Federal Court of Justice (Bundesgerichtshof). This anthology documents a research project that compares the regulatory models of nine countries and aims to amend the law appropriately. A legal and historical representation of theft using weapons supplements the reports on each country. The comparative cross section summarises and evaluates the distinct models, and considerations for reform complete the anthology. Its publisher holds the Chair of Criminal Law, in particular European Criminal Law and International Criminal Law, at the European University Viadrina in Frankfurt (Oder), and focuses on comparative criminal law in her research. With contributions by Isidoro Blanco Cordero, Andreas Eicker, Margareth Helfer, Gudrun Hochmayr, Johannes Keiler, Aleksandra Ligocka, Maciej Małolepszy, Wolfgang Schild, Kurt Schmoller, Zsolt Szomora, Stephen Thaman

scholarly journals Leniency programmesfor cartel: mature reforms

2018 ◽  
pp. 24-33
Author(s):  
K. N. Aleshin ◽  
S. V. Maksimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Administrative Law ◽  
The Russian Federation ◽  
Main Factors ◽  
The Law ◽  
Definition Of ◽  
The Right

The problems of interpretation of criminal law and administrative law institutes of active repentance (“leniency programmes”) in relation to cartels are considered.The definition of the effectiveness of the institution of active repentance is given as the ability of this institution to achieve the goals stipulated by law (in the aggregate or in a particular combination): 1) termination of the committed offense (crime) (“surrender”),2) assistance in investigating the relevant administrative offense (crime), 3) compensation for the harm caused by his offense (crime), 4) refusal to commit such offenses (crimes) in the future.The condition of the quadunity of these goals is investigated. It is noted that among the main factors reducing the effectiveness of administrative law and criminal law institutions of active repentance (“leniency programmes”) in relation to a cartel is the legal inconsistency of these institutions.Proposals are being made to amend par. 3 of the Notes to Art. 178 of the Criminal Code of the Russian Federation and Note 1 to Art. 14.32 of the Code of the Russian Federation Code of Administrative Offenses iin order to bring together the relevant institutions of active repentance.The necessity of legislative consolidation of general procedural rules for the implementation of the person who participated in the conclusion of the cartel, the law granted him the right to active repentance is substantiated.

The doctrine of Res Judicata in International Criminal Law

2003 ◽  
Vol 3 (3) ◽  
pp. 195-216 ◽  
Author(s):  
Rosa Theofanis
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Ad Hoc ◽  
International Criminal ◽  
Common Law ◽  
Civil Law ◽  
International Criminal Law ◽  
Res Judicata ◽  
The Law ◽  
Definition Of

AbstractRes judicata is well-settled as a general principle of international law. But the rules of res judicata in international criminal procedure are undeveloped. Recent cases from the ad hoc criminal tribunals for the former Yugoslavia and Rwanda have added to the understanding of res judicata in international law - demonstrating the risk that new rules of res judicata will implicitly incorporate either a common-law or civil-law definition of what the "law" is. Analysis of issues considered in recent Tribunal jurisprudence - particularly the questions of review and reconsideration - locates potential hazards in the development of the law and provides guidance for the application of the ICC statute.

The Structure of Criminal Liability: Complicity

1996 ◽  
Vol 30 (1-2) ◽  
pp. 146-153
Author(s):  
Miriam Gur-Arye
Keyword(s):  
Criminal Law ◽  
Mental State ◽  
Criminal Liability ◽  
Criminal Code ◽  
Draft Code ◽  
Actus Reus ◽  
The Law ◽  
Definition Of

The notion of “wrongdoing” is not recognized by the Draft Code. Nor does it classify the criminal law defences as either justification or excuse. Rather, the Draft Code distinguishes between “an offence” and “an act”. The term “offence” is used to cover cases where theactus reusis committed with the mental state required by the definition of the offence, by an offender who is criminally liable. An offender who has a defence, even a personal one, such as insanity, mistake, or duress, commits “an act”. The term “act” is used to indicate that defences negate the criminal nature of the act.I have elsewhere elaborated on the question whether or not a criminal code which aims to reform the criminal law should distinguish between justification and excuse. There I have both discussed and evaluated,inter alia, the proposals of the Draft Code in this context. Therefore, I shall not elaborate on this subject any further. I shall rather focus on the law of complicity and shall discuss three main issues.

scholarly journals Criminal Law Reform Toward Deprivation of Property Resulting from Corruption Criminal Acts

2021 ◽  
Vol 5 (1) ◽  
pp. 97-103
Author(s):  
Yogi Yasa WEDHA ◽  
Edy NURCAHYO
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Justice System ◽  
Criminal Code ◽  
International Criminal Law ◽  
Law Reform ◽  
Legal Development ◽  
Legal Structure ◽  
Criminological Perspective

Criminal law reform is part of criminal law policy and is closely related to law enforcement policies, criminal policies and social policies. One of the forms of national legal development reform is the Reform of the Criminal Justice System (SPP) which is an integral part of a sub-system, namely legal substance, legal structure, and legal culture. Corruption as an organized crime in Indonesia is categorized as extra ordinary crimes that have an impact on the creation of injustice in society. One of the injustices referred to is related to the non-return of state losses stolen by corruptors. Whereas efforts to recover state losses are closely related to legal instruments in force in a country.  In Indonesia, the Criminal Code and the Law on the Eradication of Corruption places the confiscation of proceeds of corruption only as an additional punishment and does not have a clear formula for the mechanism of deprivation of properties, resulting in unclarity/obscurity of norms. This condition should not occur, therefore it is necessary to reform the criminal law immediately by studying the criminal perpetrators of a criminological perspective, which is related to the factors that cause people to commit criminal acts of curruption.    This article is a study of the author concerning the importance of making legal arrangements regarding the deprivation of properties from the proceeds of corruption to mitigate the state losses. This article is compiled by applying normative legal research using statutory approaches, historical approaches, conceptual approaches and comparative approaches. It is concluded that there must be immediate reform of criminal law in Indonesia, especially regarding the deprivation of properties from the criminal act of corruption based on the development of criminal behavior (criminology) and the development of international criminal law concerning corruption.

scholarly journals CREATING OF CRIMINAL-LEGAL PRESCRIPTIONS OF PARTICIPATING IN CRIMINAL CODE OF 1845 AND 1903

2017 ◽  
Vol 21 (2) ◽  
pp. 183-189
Author(s):  
A. I. Sitnikova
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Regulations ◽  
Legal Provisions ◽  
Prior Consent ◽  
The Law ◽  
Definition Of ◽  
Criminal Legislation ◽  
Legal Consequences

The paper is devoted to the consideration of the criminal legal regulations of the institution of criminal complicity, which are in the Criminal Code of 1845 and 1903. The author has conducted a comparative analysis of the legal provisions on criminal complicity and revealed some peculiarities of the legislative technique of constructing normative prescriptions on the criminal complicity in the legislation of the classical school of criminal law. The author also notes that the technique of constructing an institution of criminal complicity in the criminal legislation of the ХIХ-beginning of the XX century has long history and features of the development. The author notes that, unlike the Decree on punishments of criminal and executive 1845, in which there is no definition of complicity, the Criminal Code of 1903 contains a norm in which the signs of complicity in a crime are indicated. In the Decree of 1845 the legislator singled out two forms of complicity: complicity with prior consent and complicity without prior consent. Legislation on the forms of complicity in the Code of 1903 has been improved through the consolidation in the law of two more forms: participation in the community and complicity in the gang. At the same time, the normative text of the Code of 1845 is extremely difficult to formulate because there is no clarity, compactness. Besides there are repetitions and contradictions in the norms of complicity. In the Code of 1903, the author recognizes the norm, which regulates responsibility of the accomplices of the crime, as well as a regulation of the legal consequences on voluntary refusal of criminal complicity, to be effective. The author concludes that the Regulations of 1845 and 1903 are more effective in comparison with the previous criminal laws.

Prosecuting Terrorism Financing in Germany: Bundesgerichtshof (German Federal Court of Justice), Judgment of 14 August 2009 — 3 StR 552/08

2010 ◽  
Vol 11 (11) ◽  
pp. 1292-1305 ◽  
Author(s):  
Christoph Safferling ◽  
Timo Ide
Keyword(s):  
Criminal Law ◽  
Federal Court ◽  
Criminal Organization ◽  
Criminal Code ◽  
Specific Aspect ◽  
Court Decision ◽  
Criminal Prosecution ◽  
Individual Liberty ◽  
Court Of Justice ◽  
Federal Court Of Justice

AbstractThe German Bundesgerichtshof (Federal Court of Justice) has to frequently adjudicate cases related to terrorism. The “War on Terror” has reached the German judiciary shortly after its proclamation as a reaction to the 9/11-attacks. Ever since, German criminal law is grappling with the question of how to harmonize security interests on the one hand with individual rights and liberties on the other. The expansion of the criminal law is a real threat for the previously liberty-oriented criminal law. The court decision discussed in this case addresses a specific aspect of terrorism: the financing of terrorist activities. As there is no special law prohibiting such kind of behavior, the judges had to apply section 263 of the German Criminal Code, which deals with fraud, and combine this with sections 129 a and b of the German Criminal Code, which makes being merely a member of a criminal organization into a criminal offence. A highly sensitive field of law that is put under scrutiny by anti-terrorism measures is procedural law. As secret investigation measures through electronic surveillance become more prevalent and sophisticated, the admissibility of the evidence, which was gained mainly by intelligence, becomes more and more questionable. The court decision discussed in this paper proves the willingness of the Federal Judges in Germany to reduce individual liberty rights in order to enhance the effectiveness of criminal prosecution.

scholarly journals “They never talk about a victim’s feelings: according to criminal law, feelings are not facts”—Portuguese judicial narratives about sex crimes

2016 ◽  
Vol 2 (1) ◽  
Author(s):  
Isabel Ventura
Keyword(s):  
Critical Discourse Analysis ◽  
Criminal Law ◽  
White Men ◽  
Criminal Code ◽  
Critical Discourse ◽  
Sex Crimes ◽  
Rape Victims ◽  
Structured Interviews ◽  
The Law ◽  
Definition Of

Abstract Sexual violence is a central dimension of what is generally called violence against women. Historically, the law has been one of the structures that has reinforced gender inequality and legitimized male seizure of women’s sexuality within and outside marriage: legally, married women had no right to sexual freedom regarding their husbands and, at the same time, non-wed women who pressed charges against white men were accused of lying and faced victim-blaming judicial practices. Since the beginning of the 1990s, Portuguese rape legislation has changed in order to recognize that sex crimes offend someone’s right to sexual self-determination. The Criminal Code has abandoned expressions like modesty and decency when referring to sex crimes, and a controversial mitigating penalty norm based on a victim’s provocative behaviour or on the relation between the accused and the plaintiff was repealed in 1995. In addition, criminal law has evolved to a gender-neutral formulation and expanded the definition of rape adopting the “all penetration” formula. Nevertheless, the discourses of Portuguese jurisprudence and doctrine reveal stereotyped images about rape victims’ behaviour and biased evaluations against women. Therefore, the ‘law in books’ must be analysed in its relation with ‘law in action’, which is unescapably influenced by doctrine and by magistrates’ individual beliefs. This paper aims to capture judicial representations of rape, rape victims and offenders. Qualitative data are used based on 20 semi-structured interviews with 18 judges and prosecutors and two attorneys. The interviews were analysed through critical discourse analysis using a feminist approach. This article is published as part of a collection on gender studies.

scholarly journals Obscenity

1969 ◽  
pp. 172
Author(s):  
Richard G. Fox
Keyword(s):  
Criminal Law ◽  
Detailed Examination ◽  
Criminal Code ◽  
Law Reform ◽  
Federal Legislation ◽  
Project Staff ◽  
The Subject ◽  
The Law ◽  
Subjective Phenomenon ◽  
Code Provisions

The project staff ofthe Prohibited and Regulated Conduct Project of the Law Reform Commission of Canada state that the uncertainty of the law of obscenity the unevenness of its interpretation and application throughout Canada, and the question of its relevanceasa constituent partofthe criminal law prompted this extensive considerationofwhether the existing law is in need of reform. In his introduction, Professor Fox elaborates on the two fundamental difficulties at the rootofthe problem: first, that obscenity is an inescapably subjective phenomenon; and second, the law's own indeterminacyofaim. He then scrutinizes the plethora of possible subjectmatterfor obscenity and its dissemination; and he proceeds to a consideration of whether the suspectmaterialis obsceneper seorvariable according to susceptibility of the audience. Six possible justifications are offered for legislative prohibitions on obscenity; eachofthese areveryclosely examined and most are found to be tenuous at best. After a rather detailed examination of the cases on the Criminal Code provisions, other Federal legislation touching on the subject of obscenity, and the necessaril11 incidental consideration of defenses and expert witnesses, Professor Fox weighs the possible alternatives to the present law. There cannot, of course, be any definitive answers.

A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context

2017 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Nani Mulyati ◽  
Topo Santoso ◽  
Elwi Danil
Keyword(s):  
Criminal Law ◽  
Sufficient Conditions ◽  
Criminal Code ◽  
Legal Person ◽  
Philosophical Approach ◽  
Legal Personality ◽  
Legal Subject ◽  
Long Time ◽  
Definition Of ◽  
Broad Meaning

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.

Historical Experience of Criminalization: to the Centenary of the Guiding Principles on Criminal Law of the RSFSR

2019 ◽  
pp. 31-35
Author(s):  
Ivan Kozachenko
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Historical Experience ◽  
Law System ◽  
Political Situation ◽  
Historical Method ◽  
Advantages And Disadvantages ◽  
Concept Planning ◽  
Guiding Principles ◽  
Definition Of

The creation of the Guiding Principles on the Criminal Law of the RSFSR of 1919 is studied taking into account extremely complicated internal and external political situation in the country at the beginning of the twentieth century. Using the methods of analysis, synthesis, as well as comparative and historical method, the author determines the significance of the Guiding Principles in the law system of the young Soviet state. Some key norms of the document are examined. In particular, the definition of criminal law is analyzed and its advantages and disadvantages are identified. It is noted that the definition of a crime was formulated too broadly, and more significant steps in criminalization of different acts were made with the adoption of the RSFSR Criminal Code of 1922. It is indicated which persons were not punished according to the Guidelines. Attention is drawn to the way in which such a method of protection as necessary defense was set forth in this act. The Guiding Principles are not without certain disadvantages: for example, the institution of complicity is not sufficiently disclosed, there is lexical redundancy in the definition of the concept «planning the offence». However, the discrepancies between the main provisions covered in the Guidelines are explainable and excusable, taking into account the historical situation at the time of their adoption. The analyzed document became the basis for Russian criminal law, and some of its provisions are still relevant.

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