10.5937/zrpfns48-5795 = Bioethics as a human trait of common theory of law and criminal law theory

The authors use a communicative approach to the theory of law in their analysis of criminal procedure policy and its role in crime prevention. This approach allowed them to determine the content of criminal procedure work that lies outside the scope of criminal law. This content is its ability to regulate social conflicts of criminal law character. Within this framework, the criminal procedure is viewed as a platform for resolving social conflicts, the sides use it to resolve a conflict between them in socially acceptable ways in the process of communication. The involvement of the aggrieved party in the process of communication in connection with the crime intensifies the correctional impact of the criminal process and its significance for crime prevention. The authors suggest using simplified measures of criminal procedure law for reforming this process and basing it on the procedure of terminating a criminal case with the imposition of a court fine as a measure of criminal law influence. They suggest using the same approach when terminating a criminal case due to the reconciliation of the sides, with one exception: during the reconciliation of the sides, only grounds provided for in Art. 76 of the Criminal Code of the Russian Federation should be proven. If they are established, the investigator is obliged to petition to the court and the court, having established their validity, should decide to terminate the criminal case.

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,,SPECIAL USE OF WEAPON” FROM THE ACT ON ANTI-TERRORIST ACTIVITIES – DOGMATIC AND THEORETICAL ANALYSIS

Roczniki Administracji i Prawa ◽

10.5604/01.3001.0015.5596 ◽

2021 ◽

Vol 2 (XXI) ◽

pp. 131-140

Author(s):

Borys Kadyszewski

Keyword(s):

Theoretical Analysis ◽

Criminal Law ◽

The State ◽

Point Of View ◽

Legal Rights ◽

Public Officials ◽

State Apparatus ◽

Maximum Protection ◽

Theory Of Law ◽

Terrorist Event

The article is an analysis from the theoretical and dogmatic point of view of the institution of “special use of weapons”. The intention of the legislator was to comprehensively regulate the issue of the so-called sniper shot, which is to be the reaction of the state apparatus to terrorist behavior. The direct goal of “special use of weapons” is to deprive or endanger the life of the perpetrator of a terrorist event in such a way as to ensure maximum protection of the life and health of individuals whose legal rights may potentially be threatened by terrorist activities. This study aims to present the normative shape of the discussed institution and analyze it in terms of the assumptions of the theory of law and criminal law dogmatics, and in particular, it is an attempt to answer the question about the scope of responsibility of public officials authorized to fire a sniper shot in terms of circumstances excluding unlawfulness

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Digital nechnology and criminal law: interaction issues

Yugra State University Bulletin ◽

10.17816/byusu202101105-110 ◽

2021 ◽

Vol 60 (1) ◽

pp. 105-110

Author(s):

Elena V. Shchelkonogova

Keyword(s):

Artificial Intelligence ◽

Law Enforcement ◽

Criminal Law ◽

Scientific Knowledge ◽

Scientific Community ◽

Academic Discipline ◽

Digital Technologies ◽

Legal Analysis ◽

Theory Of Law ◽

The Impact

The development of digital technologies and their interaction with criminal law are extremely important for lawmaking, law enforcement, and the study of criminal law. In this connection, the author in the article aims to investigate the impact of digitalization on criminal law as a branch of law and as an academic discipline. The methodological basis of this research is a set of methods of scientific knowledge, among which the main place is occupied by the methods of consistency, analysis and comparative legal. The author's position grounded in the work is based on the legislation and the opinions of the competent scientific community on the question of how artificial intelligence can be useful in assessing an act as a crime, what new offenses have appeared in connection with the development of digital technologies. With the helpof legal analysis of the provisions of the theory of law, the question of whether artificial intelligence can be a subject of law and be liable in the event of harm to the object of criminal law protection is investigated.

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International criminal judiciary as a means to keep and protect peace and international security

Medjunarodni problemi ◽

10.2298/medjp0502031j ◽

2005 ◽

Vol 57 (1-2) ◽

pp. 31-57

Author(s):

Dragan Jovasevic

Keyword(s):

Criminal Law ◽

Ad Hoc ◽

International Criminal ◽

Criminal Court ◽

International Criminal Law ◽

General Notion ◽

Narrow Sense ◽

Military Tribunal ◽

The Law ◽

Theory Of Law

After a long historical development, the second half of the 20th century has inaugurated the new, latest branch of the punitive law - international criminal law. By its legal nature and characteristics it is somewhere between the national criminal law and international public law, maintaining its peculiarity and independence. The basic and most important notion and institute of this branch of law is certainly the international criminal act. In the theory of law (domestic and foreign), there are several views on the notion and contents of the international criminal act. However, it can be concluded that this notion implies a socially dangerous, illegal act committed by the perpetrator and defined as a criminal act whose perpetrator is to be punished as prescribed by the law. Such a defined notion of the international criminal act includes its basic elements, and these are as follows: 1) the act of a man (including the act of an adult person that can be committed in three forms: acting, non-acting, failure to provide proper supervision, effect and casualty; 2) social danger; 3) unlawfulness; 4) definition of an act by rules, and 5) guilt of the perpetrator. There are two kinds of international criminal acts: international criminal acts in a narrow sense and international criminal acts in a broad sense. The most significant are certainly the international criminal acts in a narrow sense that are directed towards violation or endangering of the universal, general civilisation values - international law and humanity - what is actually the subject of protection from these criminal acts. Apart from the international criminal act, the theory of law also includes a foreign criminal act (any criminal act with a foreign element). By all this, these two notions coincide largely, but are also considerably different from each other. Apart from the general notion of the international criminal act, the theory of law also includes a special being or a special notion of the international criminal act by whose characteristics and specific forms and shapes of manifestation some international criminal acts or responsibility of their perpetrators actually differ from each other. As a matter of fact, all international legal documents in this field (and then national criminal legislation as well) deal with the whole system of various incriminations punished by various kinds and sorts of penalties (as basic sorts of criminal sanctions). The following documents deal with some international criminal acts in their specific forms and shapes of manifestation: The Statute of the International Military Tribunal (that served to reach the Nuremberg and then the Tokyo verdicts), the Law No. 10 of the Control Council for Germany, the Statute of the Hague Tribunal for the Former Yugoslavia as well as the statutes of some other ad hoc tribunals such as: Tribunals for Rwanda, Eastern Timor and Sierra Leone, then the Statute of the Iraqi Special Tribunal and finally the Permanent International Criminal Court Statute (the so-called Rome Statute).

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Circumstances Excluding Criminality of an Act in the Light of the General Theory of Law

Lex Russica ◽

10.17803/1729-5920.2020.168.11.062-070 ◽

2020 ◽

pp. 62-70

Author(s):

A. V. Savinskiy

Keyword(s):

General Theory ◽

Criminal Law ◽

Legal Theory ◽

Criminal Code ◽

The State ◽

Theory And Practice ◽

Actual Problem ◽

Theory Of Law ◽

The Individual ◽

The Right

The paper is devoted to an actual problem of the legal theory and practice, namely: the institution of circumstances excluding criminal nature (criminality) of an act (Chapter 8 of the Russian Criminal Code). As a manifestation of criminal and legal compromise steadily strengthening its position in domestic criminal legislation, this legal phenomenon is intended to encourage citizens to commit actions that contribute to localization or minimization of threats to the interests of the individual, society and the state protected by the law. At the same time, despite seemingly clear legislative enactment, the institution of circumstances precluding the criminal nature of an act evokes hot scientific debates. Among forensic scientists there is no uniform opinion concerning the legal nature of the criminal law institution as a whole and some of the individual types of circumstances constituting the institution under consideration, in particular. The legal literature substantiates the idea of the need to expand the legislative list of such circumstances. Investigators and judges often face difficulties in practical application of the rules enshrined in articles of Chapter 8 of the Criminal Code (especially provisions concerning necessary defense, extreme necessity, reasonable risk). The reasons for theoretical and practical problems related to the circumstances excluding the criminal nature of the act are largely preconditioned by the insufficient research of the institution under consideration in the general theory of law. This fundamental theoretical legal science lacks general legal equivalents of the criminal law concepts “criminality of the act”, “circumstances excluding criminality of the act.” It is proposed to introduce into scientific circulation the general legal equivalent of the concept “criminality of the act” — “delinquency of the act”, representing the set of such features of the offense as public harm, wrongfulness, culpability and punishability. This new legal design will allow us to investigate the phenomenon of circumstances excluding criminality of the act in the light of a general theory of law, to determine the possibility and limits of their subsidiary application in various branches of law. Thus, categories of circumstances excluding criminal, administrative, civil. disciplinary delinquency of acts will acquire the right to exist in differnt legal sciences and relevant branches of law. This, in turn, will contribute to improving the effectiveness of protection of rights, freedoms and legitimate interests of the individual, ensuring the interests of the society and the state.

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Kebijakan Hukum Pidana Terhadap Anak Sebagai Pelaku Kejahatan Psikotropika Di Kepolisian Resor Magelang

Jurnal Daulat Hukum ◽

10.30659/jdh.v1i1.2625 ◽

2018 ◽

Vol 1 (1) ◽

Author(s):

Rendy Surya Aditama ◽

Umar Ma�ruf

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Criminal Justice System ◽

Criminal Law ◽

Child Protection ◽

Justice System ◽

Adult Child ◽

Policy Formulation ◽

Theory Theory ◽

Theory Of Law

ABSTRAKPenelitian ini dilatarbelakangi tingginya kasus peredaran psikotropika yang dilakukan oleh anak. Berdasarkan UU SPPA, kasus anak yang berhadapan dengan hukum yang dapat diselesaikan dengan upaya diversi adalah kasus yang ancamannya dibawah tujuh tahun, tetapi temuan dilapangan, diketahui bahwa banyak kasus anak yang ancaman hukumannya di atas tujuh tahun diselesaikan melalui diversi. Tujuan penelitian ini adalah merumuskan kebijakan formulasi penegakan hukum pidana Polres Magelang terhadap anak sebagai pelaku kejahatan psikotropika di masa yang akan datang.Pisau analisis dalam penelitian ini adalah teori hukum progresif, teori tujuan hukum, konsep diversi, konsep psikotropika, konsep kebijakan hukum pidana, pendekatan keadilan restoratif dan UU SPPA. Penelitian ini menggunakan metode yuridis normatif dengan metode pengumpulan data studi kepustakaan.Hasil dari penelitian ini menunjukkan bahwa kebijakan formulasi penegakan hukum pidana Polres Magelang terhadap anak sebagai pelaku kejahatan psikotropika saat ini telah menerapkan UU No. 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak. Kebijakan formulasi penegakan hukum pidana Polres Magelang terhadap anak sebagai pelaku kejahatan psikotropika di Indonesia sudah dilakukan dengan baik, namun masih terlihat adanya pelanggaran terhadap UU No. 35 Tahun 2014 Tentang Perubahan Atas UU No. 23 Tahun 2002 Tentang Perlindungan Anak pada Pasal 64, yaitu di dalam persidangan maupun publikasi hasil persidangan dengan jelas menyebutkan nama anak dimuka umum, sehingga hal ini menyalahi peraturan dalam Pasal 64 huruf i. Kebijakan formulasi penegakan hukum pidana Polres Magelang terhadap anak sebagai pelaku kejahatan psikotropika di masa yang akan datang, dapat dilakukan dengan menerapkan perlindungan anak serta menerapkan sistem peradilan pidana anak, persidangan dilakukan setelah anak berusia dewasa, serta pelaksanaan hukuman pidana dilakukan setelah anak berusia 18 tahun. Saran terkait temuan penelitian ini adalah dapat menanggulangi tindak pidana psikotropika yang dilakukan oleh anak dengan menerapkan kebijakan formulasi penegakan hukum pidana Polres Magelang terhadap anak sebagai pelaku kejahatan psikotropika di masa yang akan datang.Kata kunci: kebijakan, formulasi, psikotropika, anak.ABSTRACTThis research is motivated by high psychotropic circulation cases conducted by children. Under the SPPA Act, the case of a law-facing child who can be resolved by a diversion effort is a case that threats under seven years, but findings in the field, it is known that many cases of children whose sentence threats over seven years are resolved through a diversion. The purpose of this study is to formulate policy formulation of criminal law enforcement Polres Magelang against children as perpetrators of psychotropic crime in the future.The analysis blade in this research is progressive law theory, theory of law objective, diversion concept, psychotropic concept, concept of criminal law policy, restorative justice approach and SPPA law. This research uses normative juridical method with data collection method of literature study.The results of this study indicate that policy formulation of criminal law enforcement Polres Magelang to child as perpetrator of psychotropic crime at this time have applied Law no. 11 Year 2012 on the Criminal Justice System of Children. Policy formulation of criminal law enforcement of Magelang Police against child as perpetrator of psychotropic crime in Indonesia has been done well, but still seen violation against Law no. 35 Year 2014 About Amendment to Law no. Law No. 23 Year 2002 on Child Protection in Article 64, namely in the hearing and publication of the proceedings clearly states the name of the child in public, so that this is contrary to the rules in Article 64 letter i. The policy of formulation of criminal law enforcement of Magelang Police against child as perpetrator of psychotropic crime in the future can be done by applying child protection as well as applying the child criminal justice system, the trial is done after the adult child, and the implementation of criminal punishment is done after the child is 18 years old. Suggestions related to the findings of this study is to cope with psychotropic crimes committed by children by applying the policy of criminal law enforcement formulation Magelang Police against children as perpetrators of psychotropic crimes in the future.Keywords: policy, formulation, psychotropic, child.

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Policy Formulation of Criminal Law against Narcotics Traffickers Based On Justice Value

Jurnal Daulat Hukum ◽

10.30659/jdh.v2i4.8385 ◽

2020 ◽

Vol 2 (4) ◽

pp. 529

Author(s):

Ade Christian Manapa

Keyword(s):

Criminal Justice ◽

Criminal Law ◽

Analytical Data ◽

Secondary Data ◽

Research Problem ◽

Policy Formulation ◽

Study Data ◽

Literature Study ◽

Criminal Sanctions ◽

Theory Of Law

Act No. 35 of 2009 on Narcotics there are multiple interpretations and ambiguities article formulation, namely Article 112 of Law on Narcotics. Article resulted in the perpetrators of Narcotics (trafficker) will shelter as if he was a victim of crime or narcotics abusers.The problems are: 1) Are Policy Formulation of Criminal Law Against Narcotics Traffickers based on Act No. 35 of 2009 has fulfilled a Justice Value? 2) How does the Policy Formulation of Criminal Law Against Narcotics Traffickers in Criminal Justice in Indonesia? and 3) how the Policy Formulation of Upcoming Criminal Law Against The Perpetrators And Abusers Based on Justice Value?The method used is normative, the specification of the research is descriptive analytical data using secondary data sources, data collection methods using literature study, data presentation in the narrative, qualitative data analysis. The research problem in accordance with the above described problems he infused with three theories: 1) The theory of law enforcement, 2) Theory of legal certainty and 3) Theory of justice.Result: 1) Policy Formulation of Criminal Law Against Narcotics Traffickers Based On Act No. 35 of 2009 still indicates ambiguity and multiple interpretations. Between the formulation of article 112 and article 127 so that it can ensnare abusers of narcotics in Article 127.2) Policies application of criminal law against traffickers Narcotics in Criminal Justice in Indonesia is still problematic, where the dealer the crime of Narcotics can shelter as abusers of narcotics to avoid criminal sanctions are more severe. 3) Policy criminal law traffickers and abusers of narcotics in the future is the need to change the formulation of Article 112 Law on Narcotics, ie there must be firmness that met the elements "have", "save", "master" or "buy" is a chapter devoted to trafficker, importers, producer, and another narcotics crime qualification and not pointed to narcotic abuse itself.Keywords: Policy Formulation of Criminal Law; Narcotics Traffickers; Justice Value.

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LEGAL PROTECTION OF THE CRIME VICTIMS UNDER THE SWEDISH LAW OF XX—XXI CENTURIES (HISTORICAL AND LEGAL ANALYZE)

Journal of Foreign Legislation and Comparative Law ◽

10.12737/23528 ◽

2016 ◽

pp. 0-0

Author(s):

Сергей Андрусенко ◽

Sergey Andrusenko

Keyword(s):

Criminal Law ◽

Legal Protection ◽

Crime Victims ◽

Historical Background ◽

International Studies ◽

Legal Doctrine ◽

Stage Of Development ◽

Victims Of Crime ◽

Theory Of Law ◽

Law And Legislation

The present article analyzes the historical and legal issues of victims of crimes in Sweden. At the present stage of development of Swedish criminal law, the Institute of the rights of victims of crime in Sweden is one of the most developed. Criminal protection of victims of crimes in the Russian Federation attends relatively little attention. The history of formation of Institute of the rights of victims is a necessary foundation for the development of it in a modern Russian theory of law and legislation. The historical background of the Institute the rights of victims which has determined the contours of a modern understanding of the rights of victims, for example, was reflected in a Swedish law. Some elements of the criminal law concept of crime victims in Sweden, such as free legal assistance, certain elements of compensation (e.g., compensation for physical and moral damages) may be implemented in the domestic theory of law and legislation. International studies indicate that the level of victimization of the population of European countries, which show the number of actual victims of crimes, is at average of 16% of the total population. In this regard, the possibility of the reception of the Swedish legal doctrine devoted to the protection of victims of crime is of particular importance for the Russian theory of law.

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The theory of law and their relationship to the realities of life

Russian Journal of Legal Studies ◽

10.17816/rjls17989 ◽

2015 ◽

Vol 2 (1) ◽

pp. 19-23

Author(s):

V V Lyneev

Keyword(s):

Criminal Law ◽

Systematic Study ◽

Real Life ◽

Theory Of Law

The article assesses the relationships developed theories and rules of law to real life. Expressed the opinion that so far between the theory of criminal law and systematic study of the criminal laws of reality or criminology has not arisen close scientific and practical cooperation. It is noted that legal, normativists view has virtually no relationship to reality.

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Crypto Currency as an Object and Instrument of Committing Crimes

Всероссийский криминологический журнал ◽

10.17150/2500-4255.2019.13(3).408-415 ◽

2019 ◽

Vol 13 (3) ◽

pp. 408-415

Author(s):

Anna Korennaya ◽

Nadezhda Tydykova

Keyword(s):

Criminal Law ◽

Legal Status ◽

Real Life ◽

Present Moment ◽

Psychoactive Substances ◽

Unified Approach ◽

Global Circulation ◽

Crypto Currency ◽

Theory Of Law ◽

Economic Crimes

The article examines the legal status of cryptocurrencies in Russia. The authors study the civil and criminal law aspects of this phenomenon. The legislation does not define the legal status of cryptocurrencies, while the theory of law and court practice have not yet worked out a unified approach to it. The authors present an overview of the existing positions regarding this issue and suggest that cryptocurrency should be regarded as other property. It is stated that whatever position is incorporated into law, in real life cryptocurrency is in global circulation and has a great potential. As for criminal law, the authors show that it is relatively independent from civil law when dealing with issues within its object. It is suggested that, for the purposes of criminal law, the available instruments should be adjusted to enable a prompt reaction to the crimes committed at the present moment. The authors analyze the possibility of recognizing cryptocurrencies as an object and instrument of committing crimes within the framework of current legislation. Using the examples different crimes, the authors demonstrate that cryptocurrency could act as an instrument of committing them. It is also stated that cryptocurrency could be recognized as an object of some crimes. To support their position, the authors present such arguments as crimes of terrorism, illegal trade in drugs and psychoactive substances, economic crimes and some others. They also discuss cryptocurrency as an object of theft. It is proven that there is a practical necessity to recognize cryptocurrency as an object of theft. Criticism of this approach by some researchers is also discussed. The authors, however, show that it is possible to solve this problem positively. They conclude that current Russian and foreign legislation should be amended and should define the legal status of cryptocurrencies; however, the goal of criminal law could and should be achieved even before these amendments are adopted.

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