scholarly journals Command responsibility

2021 ◽  
Vol 38 (1) ◽  
pp. 70-85
Author(s):  
Slavica Dinić ◽  
Emil Turković
Keyword(s):  
Criminal Law ◽  
Ad Hoc ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Criminal Code ◽  
Criminal Offense ◽  
Law System ◽  
International Crimes ◽  
International Obligations ◽  
The One

As a part of the presentation in this paper, we will deal with one of a number of specific characteristics arisen while determining the criminal responsibility of perpetrators of international crimes, the one related to the institute of command responsibility, which are familiar with the statutes of both ad hoc tribunals (the Statute of the Tribunal in the Hague of 1993 and the International Criminal Tribunal for Rwanda of 1994), as well as the so - called the Rome Statute from 1998. In these statutes, it is set in such a way that, in one of its parts, it contradicts the basic criminal law institutes (the principle of individual subjective responsibility, the principle of justice). However, in accordance with the assumed international obligations, this institute was introduced to the criminal law system of Republic of Serbia on January 1st 2006, by prescribing, within Article 384 of the Criminal Code of Republic of Serbia, a real criminal offense of omission, which is also the subject of this paper.

scholarly journals CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

scholarly journals Prawnokarna ochrona prawidłowego funkcjonowania rodziny

2020 ◽  
pp. 367-380
Author(s):  
Krystyna Szczechowicz
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Criminal Code ◽  
The Other ◽  
Law System ◽  
The Family ◽  
The One

This article deals with the issue of the scope of protecting marriage and the family in the Polish criminal law system. The family is subject to Chapter 16 of the Polish Criminal Code, which is entitled “Crimes against family and guardianship”. The chapter’s title indicates that family and care are the legal generic good protected by the provisions it contains. However, the legislator’s actions are restrained so as not to interfere too much in the functioning of a family, on the one hand, while, on the other, providing protection for its members. The problem also involves the emotional bond between the perpetrator and the victim, which in many cases leads to non-disclosure of the fact of committing a crime. Criminal law is, in many cases, intended to strengthen civil and family law regulations.

The Problematic Jurisprudence on Instigation under the Statute of the ICTR: The Consistencies, Inconsistencies and Misgivings of the Trial and Appeal Chambers of the ICTR

2013 ◽  
Vol 13 (2) ◽  
pp. 429-472
Author(s):  
Avitus Agbor Agbor
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
International Criminal Law ◽  
International Crimes ◽  
International Instruments

As affirmed by international instruments, instigation is a recognised mode of participation in international crimes. The UN Convention on the Prevention and Punishment of the Crime of Genocide made punishable the inchoate crime of direct and public incitement to commit genocide. The Statute of the International Criminal Tribunal for Rwanda (ICTR) imported this inchoate crime. Furthermore, it included instigation as a mode of participation under Article 6(1) (which would lead to the imposition of criminal responsibility for the crimes). This double appearance of instigation under the Statute of the ICTR has been problematic to both the Trial and Appeal Chambers of the ICTR. Their jurisprudence on instigation is not just flawed, but also inconsistent and does not contribute to the evolution of instigation as a mode of participation in international criminal law.

scholarly journals SISTEM PIDANA DAN PEMIDANAAN DI DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA

2017 ◽  
Vol 3 (1) ◽  
pp. 14
Author(s):  
Failin Alin
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Criminal Offense ◽  
Penal Law ◽  
The Many ◽  
The Individual ◽  
The Impact ◽  
Integral Policy

Renewal of criminal law in the context of improving the punishment system is still continuing. Of the many things to be updated, one important thing in the penal system is also crucial provided in the reform of Indonesian criminal law is the structural punishment system. This is something that should be included in the concept of reform of criminal law. Barda Nawawi termed as an integral policy in the handling crime to mention the importance of structural punishment system, which also means integral policy in the punishment system. The problems that arise are how the criminal system and punishment in the current Penal Code and  the Criminal System and Penalties in the New Criminal Code Concept as Part of the Renewal of Indonesian Penal Law. While the research method The type of research conducted is legal juridical Normative research that is about what the concept of punishment system in the renewal of criminal law in Indonesia that is by collecting data normatively and what is in the Act related to criminal law. In this paper we discussed it can be simply described, so far in the criminal system in Indonesia the focus of criminal offense and criminal responsibility is on the direct individuals involved in the criminal process. Where  is often the involvement of other parties besides the individual concerned who can also be held accountable as the impact of the occurrence of a crime. A concrete example, if a child commits a criminal offense, his / her "criminal" is not only granted to the child, but to his / her parents even if the criminal sanction is for example a fine of fines. This is because using the logic that the child is still the responsibility of parents, so that parents are also responsible for the actions of his son.

IV Individual Criminal Responsibility

2021 ◽  
Author(s):  
Ambos Kai
Keyword(s):  
Ad Hoc ◽  
Criminal Responsibility ◽  
Case Law ◽  
International Criminal Law ◽  
Special Focus ◽  
International Crimes ◽  
Ww Ii ◽  
Important Field ◽  
The One ◽  
Individual Criminal Responsibility

This chapter starts with the universal recognition of the concept of individual criminal responsibility in ICL as perhaps the most important result of its historic precedents of Nuremberg and Tokyo. It offers a profound analysis of the ‘historic’ case law on individual criminal responsibility, namely the post WW II case law (Nuremberg, Tokyo, the one by the allied powers and Germany), but also relevant case law on other (mainly) State-sponsored criminality (especially in Latin America). It then turns to the ‘modern’ law of individual criminal responsibility and thus analyses the law and jurisprudence of the UN Ad Hoc Tribunals, of the mixed tribunals and, with a particular emphasis, of the ICC. In terms of doctrine a special focus lies on the forms of participation which enable us to hold the masterminds of the international crimes accountable, that is, joint criminal enterprise (JCE) and indirect perpetration by way of an organization (Organisationsherrschaft). In this respect, the chapter deals with what is probably the most important field of the ongoing theoretization of International Criminal Law.

scholarly journals THE MAIN ROLE OF THE INTERNATIONAL TRIBUNAL IN ACCORDANCE WITH PREVENTING AND REPRESSING INTERNATIONAL CRIMES

2015 ◽  
Vol 9 (1) ◽  
pp. 1-4
Author(s):  
Barbu Denisa
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Law ◽  
Main Role ◽  
Great Role ◽  
International Crimes ◽  
The One ◽  
The Military

In international criminal law, a great role had the Military Courts at Nuremberg and Tokyo, which on the one hand, contributed decisively in their judgments to the shaping of important institutions of international criminal responsibility of individuals as agents of the State, and on the other hand, have demonstrated the need for permanent and strong international criminal jurisdictions. 

scholarly journals ANALISIS YURIDIS DINAMIKA TINDAK PIDANA DALAM PERSPEKTIF PERTANGGUNGJAWABAN KORPORASI

to-ra ◽  
2015 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Jeane N. Saly
Keyword(s):  
Criminal Law ◽  
Industrial Revolution ◽  
Criminal Code ◽  
District Court ◽  
Criminal Offense ◽  
Law System ◽  
Criminal Sanctions ◽  
The Usa ◽  
Set Up ◽  
The Uk

AbstractThe impact of globalization has not only resulted in growth of increasingly thin state border, butalso growth of legal events that are not only private, but also be public, as a criminal offense, whichrequires accountability as a result of the activities of large companies (corporate) in their activities,to the detriment public (public). The problem is how the development of corporate criminal offensesettings and is responsible under the law in Indonesia, and other countries. The conclusion is thatthe offense and the responsibility of corporations in Indonesia are not regulated in the CriminalJustice Act (Criminal Code), but scattered in various legislation. The next development, both incriminal law and administrative law that have criminal sanctions have largely been set up ofcorporate as subjects of criminal law. In fact, in the General Explanation of the first bookmanuscript draft Law Code of Criminal Law (Draft-Criminal Code) 1999-2000 recognized. Inother countries, criminal offense of corporate and its accountability is set up, especially thecountries adherents of the common law system, are like the UK, the USA, and Canada, whichstarted in the industrial revolution 1842. The district court in its decision to apply through penaltiesfor the corporate fails to perform obligations under the legislation.Kata Kunci: Dinamika Tindak Pidana dan Pertanggungjawaban korporasi

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.

Individual Criminal Responsibility before the International Criminal Court

2012 ◽  
Vol 12 (1) ◽  
pp. 1-70 ◽  
Author(s):  
Barbara Goy
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Case Law ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Individual Criminal Responsibility

For more than 15 years the two ad hoc Tribunals, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), have interpreted the requirements of different forms of individual criminal responsibility. It is thus helpful to look at whether and to what extent the jurisprudence of the ICTY/ICTR may provide guidance to the International Criminal Court (ICC). To this end, this article compares the requirements of individual criminal responsibility at the ICTY/ICTR and the ICC. The article concludes that, applied with caution, the jurisprudence of the ICTY/ICTR – as an expression of international law – can assist in interpreting the modes of liability under the ICC Statute. ICTY/ICTR case law seems to be most helpful with regard to accessorial forms of liability, in particular their objective elements. Moreover, it may assist in interpreting the subjective requirements set out in Article 30 ICC Statute.

ANALISIS YURIDIS TINDAK PIDANA PENGGELAPAN YANG TIMBUL DARI HUBUNGAN SEWA MENYEWA MOBIL DIKAITKAN DENGAN PASAL 372 KUHP

2016 ◽  
Vol 2 (2) ◽  
pp. 201-216
Author(s):  
Hurip Agustina ◽  
Dadang Suprijatna ◽  
Aal Lukmanul Hakim
Keyword(s):  
Rule Of Law ◽  
Criminal Responsibility ◽  
Bottom Layer ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
The Public ◽  
Criminal Offenses ◽  
Car Rental

Crime embezzlement car rentals are lately often devastating car rental owner. This is an issue where the meaning of a rule of law if the crime committed community can not be followed by the rule of law, such as crimes by way of evasion is one of the types of crimes against human wealth which is stated in Article 372 of the Criminal Code, which is a crime that does not exist inexhaustible, both from the bottom layer to the top layer of society can also be committing a criminal act embezzlement is a crime that originated from the existence of a trust in others, and that trust is lost because of the lack of an honesty. It is stated that the crime of embezzlement have a problem that is closely linked to attitudes, moral, mental, honesty and trust humans as individuals. The purpose of this study are as follows: 1) To determine and analyze the occurrence of the crime of embezzlement car rental. 2) To know and analyze the application of Article 372 of the Criminal Code the crime of embezzlement in the rental car. 3) To know and analyze the efforts of the police in preventing crime of embezzlement car lease. This study uses normative juridical approach that is used to make the description clear, systematic, transparent and precise about the facts / specific nature of the area and population which is then analyzed to obtain the desired facts. Criminal offense embezzlement rental car can be imprisoned if they meet the overall elements of the offenses charged by the public prosecutor and the offender accountable for his actions. If the offender does not meet one of the elements of which the accused, then it can not be convicted. The elements of criminal responsibility are: 1) committing illegal or criminal acts; 2) for the criminal should be able to be responsible; 3) to have a fault; 4) absence of an excuse. The conclusion from this study is the adoption of Article 372 of the Criminal Code in criminal offenses of embezzlement car rental where the incidence of criminal acts committed tenants for the rented goods belonging to the owner of the rental rights because of misuse or abuse of trust in which the crime of embezzlement are set in the provisions of Article 372 of the Criminal Code.

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