scholarly journals Fetus Trafficking in Viet Nam – The New Criminal Method of Human Trafficking

2021 ◽  
Vol 10 ◽  
pp. 1594-1603
Author(s):  
Ha Le Thuy ◽  
Hoang Thi Hai Yen ◽  
Nguyen Quang Bao
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Early Stage ◽  
Legal Protection ◽  
Viet Nam ◽  
New Methods ◽  
Before And After ◽  
The Right ◽  
Legal Mechanism ◽  
Fetal Stage

When it comes to basic rights of the fetus, including the right to life, theoretical studies around the world on human rights of the fetus still have not reached an agreement on approaches and explanation. Criminal law at the international and national levels still leaves the possibility of protecting the unborn child. Viet Nam’s criminal law is no exception to this trend. In addition, Viet Nam is currently facing human trafficking with new methods and tricks. Children are bought and paid for while still in the womb, then born abroad and given to traffickers. Children are only protected by criminal law for human trafficking if they are born, alive, and detected by the authorities. While the act of trafficking in fetuses is often easily detected by the authorities right from the stage of purchasing and paying, it is not feasible to prosecute this act for human trafficking under the criminal law of Viet Nam. This reduces the criminal law’s ability to suppress crime, at the same time, leaves many fetuses unprotected. Should criminal law be left outside the legal mechanism to protect children while in the fetal stage? This article suggests considering fetus trafficking as a form of human trafficking and to criminalize fetus trafficking. Criminal law should recognize fetus trafficking as a sign of crime or an early stage in the criminal process of human trafficking, because children need special care and protection, including appropriate legal protection before and after birth, due to their physical and mental immaturity.

Нарушение принципа интереса ребенка, рожденного с применением суррогатного материнства// Academy Journal No.10(12), 2018. pp. 28-34

2018 ◽  
Author(s):  
Анастасия Сергеевна Шабанова
Keyword(s):  
Legal Protection ◽  
Best Interest ◽  
New Methods ◽  
Before And After ◽  
Special Protection

Дети являются наименее защищенной категорией населения, поэтому государства стремятся обеспечить соблюдение прав детей. Ребенок нуждается в специальной охране и заботе, включая надлежащую правовую защиту до и после рождения. Применение новых методов репродукции влечет массу моральных, этических, психологических и правовых проблем. В статье рассматриваются проблемы, приобретающие особую значимость: соотношение принципа наилучшего интереса ребенка с использованием метода суррогатного материнства, а также соотношение норм международного и национального права в данной области отношений. Children are the least protected category of the population, and States therefore seek to ensure respect for the rights of children. The child needs special protection and care, including adequate legal protection, both before and after birth. The use of new methods of reproduction entails a lot of problems both before and after birth. The article deals with the problems of particular importance, as the principle of the best interest of children using the method of surrogacy, as well as the ratio of international and national law in this area of relations.

scholarly journals Access to a Lawyer for a Suspect at Early Stage of Criminal Proceedings and Its Participation in Investigative Acts

2020 ◽  
Vol 41 (2) ◽  
pp. 109-127
Author(s):  
Joanna Dzierżanowska
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Early Stage ◽  
The European Union ◽  
Criminal Proceedings ◽  
Legal Provisions ◽  
Polish Code ◽  
The Right ◽  
Right Of Access ◽  
Union Directive

This elaboration is dedicated to analysis of access to a lawyer for a suspect at early stage of criminal proceedings in Polish criminal law in the light of directive 2013/48/EU. In particular, it emphasises the suspects right of access to  a lawyer during identity parade, confrontation and reconstruction of the scene of a crime. It considers whether the applicable legal provisions of the Polish Code of Criminal Procedure ensure, above all, appropriate scope of the right of the defence for the suspected person in view of the indicated evidentiary activities and whether this scope corresponds to the standards designated by the European Union directive 2013/48/EU.

scholarly journals Penanganan terhadap Anak Pelaku Tindak Pidana Penganiayaan yang Terlibat dalam Geng Motor di Wilayah Badung

2020 ◽  
Vol 1 (2) ◽  
pp. 175-180
Author(s):  
Ria Putriliana Waskita ◽  
A.A Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Criminal Law ◽  
Motor Vehicle ◽  
Legal Protection ◽  
Children's Rights ◽  
Empirical Method ◽  
Legal Assistance ◽  
Modus Operandi ◽  
User Community ◽  
Criminal Sanctions ◽  
The Right

A bike gang refers to a group of youths (teenagers) having the same school background in an area who are members of a two-wheeled motor vehicle user community. The criminal act of maltreatment committed by a group of biker gang in Bali has violated the provisions of the applicable criminal law. With regard to the fact, the urgency of the modus operandi of the criminal act of maltreatment committed by biker gang and the legal protection for young biker gang who commit crimes of maltreatment are examined in the present study. The method used in this research is the empirical method. The modus operandi appeared as the mode applied by criminals to commit criminal acts and the implementation of legal protection against bikers who committing the criminal act of maltreatment in the Badung District Police jurisdiction is through not overriding the children’s rights as child defendants, such as the right to legal assistance at every level of examination in line with procedures determined by law. It would be better if, in implementing criminal sanctions, law enforcers take the condition of the community, the perpetrators of crimes, into account in order to foster legal awareness within them.

scholarly journals Atypical Antipsychotics Mediate Dynamics of Intrinsic Brain Activity in Early-Stage Schizophrenia? A Preliminary Study

2021 ◽  
Vol 18 (12) ◽  
pp. 1205-1212
Author(s):  
Yingchan Wang ◽  
Yuchao Jiang ◽  
Dengtang Liu ◽  
Jianye Zhang ◽  
Dezhong Yao ◽  
...  
Keyword(s):  
Negative Symptoms ◽  
Atypical Antipsychotics ◽  
Early Stage ◽  
Brain Activity ◽  
Low Frequency ◽  
Antipsychotic Treatment ◽  
Before And After ◽  
Middle Occipital Gyrus ◽  
The Right ◽  
Intrinsic Brain Activity

Objective Abnormalities of static brain activity have been reported in schizophrenia, but it remains to be clarified the temporal variability of intrinsic brain activities in schizophrenia and how atypical antipsychotics affect it.Methods We employed a resting-state functional magnetic resonance imaging (rs-fMRI) and a sliding-window analysis of dynamic amplitude of low-frequency fluctuation (dALFF) to evaluate the dynamic brain activities in schizophrenia (SZ) patients before and after 8-week antipsychotic treatment. Twenty-six schizophrenia individuals and 26 matched healthy controls (HC) were included in this study.Results Compared with HC, SZ showed stronger dALFF in the right inferior temporal gyrus (ITG.R) at baseline. After medication, the SZ group exhibited reduced dALFF in the right middle occipital gyrus (MOG.R) and increased dALFF in the left superior frontal gyrus (SFG.L), right middle frontal gyrus (MFG.R), and right inferior parietal lobule (IPL.R). Dynamic ALFF in IPL.R was found to significant negative correlate with the Scale for the Assessment of Negative Symptoms (SANS) scores at baseline.Conclusion Our results showed dynamic intrinsic brain activities altered in schizophrenia after short term antipsychotic treatment. The findings of this study support and expand the application of dALFF method in the study of the pathological mechanism in psychosis in the future.

scholarly journals Criminal Law Protection Of Giving Rights Of Liability Is Not The Debtor

2018 ◽  
Vol 1 (3) ◽  
pp. 583
Author(s):  
Euis Listianti ◽  
Umar Ma'ruf
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Legal Power ◽  
The Law ◽  
The Right ◽  
Power Auction ◽  
Auction Procedure

In the practice of the loan agreement with collateral Mortgage made by banks as creditors, so if the debtor defaults in performing its debt to the creditor, the creditor has the right to make the execution of security object Encumbrance with its own power after first obtaining fiat yustitsia of the chairman of the court country where the land is located. In case of dispute the auction execution of mortgage security object between the Bank as the creditor with Zn as the debtor, as creditors of the bank's declared to have violated provisions of the law in the execution of security object security rights belonging to the debtor Zn. But in fact the execution and the execution of the auction object of mortgage collateral is in accordance with the provisions of Article 6 and Article 20 UUHT No. 4 of 1996 and also in accordance with the provisions and procedures of the auction procedure execution security object security rights under the laws of the auction. The problems addressed in this study is how to legality and legal power auction object execution Mortgage guarantees made at the request of creditors certificate holder.Keywords: Legal Protection, Criminal, and Encumbrance .

scholarly journals Human Trafficking and Migrant Workers: Analysis of Indonesian Migrant Workers Protection in Overseas

2020 ◽  
Vol 6 (2) ◽  
pp. 173-180
Author(s):  
Angga Putra Mahardika ◽  
Sonny Saptoajie Wicaksono
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Migrant Workers ◽  
Legal Protection ◽  
Empirical Method ◽  
Trafficking In Persons ◽  
Central Java ◽  
Local Police ◽  
The Right ◽  
Important Form

The problems in this research are concerning to the regulations on the legal protection of illegal Indonesian migrant workers abroad who are victims of trafficking in persons already comprehensive, and the forms, mechanisms and procedures for legal protection of illegal Indonesian migrant workers abroad who are victims of trafficking in persons in BP3TKI Central Java already comprehensive?This thesis research uses a qualitative approach with a juridical-empirical method. The results of research and discussion show that based on Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers Overseas (PMI Law), the protection provided to victims of human criminal acts includes legal, social and economic protection. Whereas Law Number 21 of 2007 concerning Eradication of the Criminal Act of Trafficking in Persons (Huma Trafficking Act) grants the right to victims of human trafficking, among others, restitution, rehabilitation and repatriation. The most important form of legal protection for Indonesian migrant workers who are victims of trafficking in persons by Central Java BP3TKI is the repatriation of victims. In addition, the BP3TKI also conducts law enforcement against the perpetrators who are suspected of committing criminal acts of people. In conducting protection efforts, the Central Java BP3TKI collaborates with various parties such as the local police, BNP2TKI, and representatives of the Indonesian state in the placement country.      

Concept of Restitution Application as a Form of Corporate Criminal Liability in Law Enforcement towards Human Trafficking Criminal Act

2020 ◽  
Vol 11 (1) ◽  
pp. 156
Author(s):  
H Radea Respati PARAMUDHITA ◽  
H. Sigid SUSENO ◽  
Lies SULISTIANI
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
Vicarious Liability ◽  
Corporate Criminal Liability ◽  
Corporate Liability

This research aims to analyze: (1) the corporate liability as a law subject in terms of human trafficking criminal act; and (2) the concept of restitution application as a form of corporate criminal liability in the case of law enforcement towards human trafficking criminal act. This research is categorized as normative legal research through the statue and conceptual approaches. The result of the research found that: (1) in terms of criminal law, both seen from the Law of Human Trafficking or theories of corporate liability, corporate is one of law subject in terms of human trafficking criminal act whose liability can be asked regarding human trafficking criminal act. The corporate liability which conducts human trafficking criminal act can be determined through the fulfillment of general criminal liability terms (subjective terms) including the presence of liability, the presence of guilt both intentionally and negligence, and the absence of reasons to omit the criminal law. The form of liability of corporate criminal in terms of human trafficking criminal act can be decided precisely using vicarious liability; and (2) restitution application concept, as a form of corporate criminal liability in law enforcement towards the human trafficking criminal act so that justice principle, legal certainty and benefit for the victim of human trafficking. Therefore, the concept offered is first, fulfillment of material rights. Second, the availability of legal protection accompanied with its implementing which is a very urgent matter. Third, the availability of structure (in the form of institution/entity) and infrastructure is an essential thing in process managing, deciding and executing the human trafficking criminal act.

THEORETICAL AND LEGAL FUNDAMENTALS OF THE MECHANISM OF ADMINISTRATIVE AND LEGAL ENVIRONMENT OF THE RIGHT OF THE PERSON TO HEALTHCARE

2017 ◽  
Author(s):  
Yuriy Shvets ◽  
Keyword(s):  
Health Care ◽  
Legal Protection ◽  
Right To Health ◽  
Legal Environment ◽  
Right To Health Care ◽  
Practical Capacity ◽  
Coronavirus Infection ◽  
Warehouse Workers ◽  
The Right ◽  
Legal Mechanism

The elements of the mechanism of administrative and legal protection of the right of an individual to protect health have been viewed. It’s broken down, and the administrative-legal mechanism for the seizure of the right to protect health is a system of interconnected elements that are involved in the process of the right to be protected. Warehouse workers: object (competence), subjects (organ of state power, institute of community administration, public community), submissions (legal and factual), principles (headquarters and special institutions), forms (courts I'll take it. It has been reported that the administrative-legal mechanism of securing the right of an individual to protect health is characterized by the following:  in the first place, it is a system of interconnecting and mutually modifying elements, leather from what kind of visuals has a role in the whole mechanism;  in a different way, in the capacity of a free transformer of normative attributions in a practical capacity, as a person may be competent without any kind of re-code, it will be quicker at any hour, because of the decisions of the submission of the law. ). Given the global crisis following the WHO declaration of a pandemic due to the spread of coronavirus infection COVID-19, the priority of the mechanism of administrative and legal support of the individual's right to health care is to establish the primacy of human rights as an integral part of all prevention, control, deterrence and treatment COVID-19 and other diseases.

Kebijakan Perlindungan Hukum Terhadap Anak Pelaku Tindak Pidana

2018 ◽  
Vol 17 (2) ◽  
Author(s):  
Endang Sutrisno ◽  
Yondri Yondri
Keyword(s):  
Criminal Law ◽  
Child Protection ◽  
Legal Protection ◽  
Legal Action ◽  
Human Being ◽  
Child Rights ◽  
Rights Of The Child ◽  
The Subject ◽  
The Right ◽  
Special Protection

<p><em>The protection that has been imposed by law concerning the rights and obligations of human being as the subject of law in its interaction with other human being and its environment so that it can take legal action. Child protection in Law No. 35 of 2014 on Child Protection is defined as all activities for the protection and protection of children and the rights of children to live, grow, develop and properly in accordance with the dignity and dignity of humanity and get sanction from violence and </em><em>d</em><em>isk . This paper discusses the law of a child who is full of laws. The acquisition of the load contained in the content of positive legal legislation is the right of every child, the embodiment for the children, building justice in society, for the achievement of the rights of the child. Special protection of children who are full of law in the criminal law domain for children who are victims of criminal acts, flee and offenders.</em></p><p><strong><em>Keywords: </em></strong><em>Legal Protection, Child Rights<strong></strong></em></p>

Comparative Arterial Antithrombotic Activity of Clopidogrel and Acetyl Salicylic Acid in the Pig

1992 ◽  
Vol 68 (05) ◽  
pp. 500-505 ◽  
Author(s):  
Ch M Samama ◽  
Ph Bonnin ◽  
M Bonneau ◽  
G Pignaud ◽  
E Mazoyer ◽  
...  
Keyword(s):  
Platelet Aggregation ◽  
Femoral Artery ◽  
Bleeding Time ◽  
Ex Vivo ◽  
Flow Reduction ◽  
Cyclic Flow ◽  
Left Femoral Artery ◽  
Before And After ◽  
The Right ◽  
Induced Aggregation

SummaryWe investigated the comparative antithrombotic properties of clopidogrel, an analogue of ticlopidine, and aspirin, using the Folts' model on femoral arteries in 22 pigs. On each animal, clopidogrel or aspirin were used to treat the thrombotic process on the left femoral artery and to prevent this process on the right femoral artery. Sequentially: an injury and stenosis were carried out on the left femoral artery; the thrombotic process was monitored with a Doppler during a 30-min observation period for cyclic flow reductions or permanent cessation of flow; after the first cyclic flow reduction occurred, clopidogrel (5 mg kg-1) or aspirin (2.5, 5, 100 mg kg-1) were injected intravenously; if cyclic flow reductions were abolished, epinephrine (0.4 µg kg-1 min-1) was injected to try to restore cyclic flow reductions and/or permanent cessation of flow; then injury and stenosis were applied on the right femoral artery. Before and after injection of clopidogrel or aspirin, ear immersion bleeding times and ex-vivo platelet aggregation were performed. Clopidogrel (n = 7) abolished cyclic flow reductions in all animals and epinephrine did not restore any cyclic flow reduction. On the right femoral artery, cyclic flow reductions were efficiently prevented, even for two injuries. Basal bleeding time (5 min 28) was lengthened (>15 min, 30 min after clopidogrel and remained prolonged even after 24 h). ADP-induced platelet aggregation was inhibited (more than 78%). Comparatively, aspirin had a moderate and no dose-dependent effect. Aspirin 2.5 mg kg-1 (n = 6) abolished cyclic flow reductions in 2 animals, CFR reoccurred spontaneously in one animal and epinephrine restored it in a second animal. Aspirin 5 mg kg-1 (n = 6) abolished cyclic flow reductions in only 3 animals and epinephrine always restored it. Aspirin 100 mg kg-1 (n = 3) was unable to abolish cyclic flow reductions. On the right femoral artery, aspirin did not significantly prevent cyclic flow reductions which occurred in all animals after one (n = 14) or two injuries (n = 1), except for one animal. Basal bleeding time was lengthened but it shortened rapidly, reaching its basal value after 24 h. ADP-induced aggregation was not significantly inhibited, whereas arachidonic acid induced aggregation was always inhibited. Clopidogrel appears as a more potent antithrombotic drug than aspirin in this model, in treating and preventing spontaneous or epinephrine-induced cyclic flow reductions and lengthening bleeding time.

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