scholarly journals Les aléas de la fraude en droit criminel

2005 ◽  
Vol 27 (4) ◽  
pp. 813-851
Author(s):  
Pierre Rainville
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Criminal Code ◽  
Court Decision ◽  
Mens Rea ◽  
Criminal Offence ◽  
Territorial Jurisdiction ◽  
The Supreme Court ◽  
Definition Of ◽  
The Impact

Even though section 338 Cr.C. appears in Part VIII of the Criminal Code entitled « Fraudulent transactions relating to Contracts and Trade », the criminal offence of fraud is of a much broader scope. The liberal interpretation received from the courts has transformed this crime into one of the widest and sometimes most unpredictable offences. The author first discusses Canada's territorial jurisdiction over international fraud in the light of the recent Libman case. He then proceeds to examine the impact of the Supreme Court decision in Vezina v. R. on the « deprivation » requirement in the definition of fraud. This text also concentrates on the objective-subjective mens rea dilemna and on a comparison of the constitutive elements of fraud, theft and false pretences. The author finally concludes that sections 320 and 338 Cr.C call out for immediate reform.

scholarly journals The Impact of Vaillancourt v. the Queen on Canadian Criminal Law

1969 ◽  
pp. 443
Author(s):  
Isabel Grant
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Supreme Court Decision ◽  
Criminal Code ◽  
Court Decision ◽  
Mens Rea ◽  
Objective Standard ◽  
The Impact

The 1987 Supreme Court decision of Vaillancourt Struck down s. 213(d) of the Criminal Code, finding that the constructive murder provision violated ss. 7and 11(d) of the Charter. This paper looks at how the courts have since applied Vaillancourt to other sections of the Criminal Code, particularly the remaining murder provisions. The analysis is based largely on a consequence-circumstance distinction, where legally consequences involve the harm caused by the accused and the circumstances refer to conditions that must be shown to exist before there can be a conviction. However, because murder is a unique crime with a "special stigma" attached to it, courts will not allow an objective standard of mens rea to form the basis of a murder conviction.

scholarly journals LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT DALAM INDUSTRI SEPEDA MOTOR (KAJIAN PUTUSAN MAHKAMAH AGUNG NOMOR 217 K/PDT.SUS-KPPU/2019)

2021 ◽  
Vol 12 (2) ◽  
pp. 50-68
Author(s):  
Hartanto Hartanto ◽  
Gilang Yudha Wirawan
Keyword(s):  
Supreme Court ◽  
Indirect Evidence ◽  
Supreme Court Decision ◽  
Circumstantial Evidence ◽  
Court Decision ◽  
The Supreme Court ◽  
Motorcycle Industry ◽  
The Impact ◽  
Trial Evidence ◽  
Legal Consequences

Business competition is an economic activity that runs in line with technological and industrial advances. With the existence of business competition, the Business Competition Supervisory Commission in Indonesia was formed which aims to supervise and protect business competition. This research will discuss the impact and legal consequences of the KPPU decision to the Supreme Court decision which still considers and uses circumstantial evidence and testimony based on hearing from other people.  Based on the description above, the writer chooses the research title "Judicial Review of the Prohibition of Monopolistic Practices and Unfair Business Competition in the Motorcycle Industry (Review of Supreme Court Decision No. 217 K / Pdt.Sus-KPPU / 2019) with the formulation of the problem of legal impact from the Assembly's decision. The Cassation Judge proven not to consider and examine the objections / demands of the Cassation Appellant as well as whether the legal consequences of the verdict of the Cassation Panel of Judges use testimony from other people (testimonium de auditu) and indirect evidence (circumstantial evidence / indirect evidence) as a means trial evidence. So the authors want to examine this and use normative research methods that use interviews as supporting data. Keywords: Monopoly, Business Competition, Indirect Evidence

TINJAUAN YURIDIS MENGENAI TINDAK PIDANA YANG DITUNTUT DENGAN PASAL 351 (3) KUHP STUDI KASUS PUTUSAN MA NO. 1043 K/PID/2016

2018 ◽  
Vol 12 (1) ◽  
pp. 25-62
Author(s):  
Rahmat Saputra
Keyword(s):  
Data Collection ◽  
Supreme Court ◽  
Supreme Court Decision ◽  
Criminal Code ◽  
Court Decision ◽  
District Court ◽  
Public Prosecutor ◽  
Literature Study ◽  
The Public ◽  
The Supreme Court

The purpose of this study was to provide an overview of the actions of the defendant already fulfilling the elements of Article 351 paragraph (3) of the Criminal Code in the Supreme Court Decision No. 1043 K / PID / 2016 and to illustrate the basic consideration of the judge in imposing a verdict on a criminal offense charged with Article 351 paragraph (3) of the Criminal Code in the Supreme Court decision No. 1043 K / PID / 2016. The method used in this study is normative law research. Data collection methods in this study were carried out with literature study, which is a method of collecting data by searching and reviewing library materials (literature, research results, scientific magazines, scientific bulletins, scientific journals). Data collection techniques using qualitative analysis methods. The conclusion in this study is the application of material criminal law by the Panel of Judges of the Supreme Court in the case of Number 1043 K / PID / 2016 which corrected the decision of the Banjarmasin High Court Number 59 / PID / 2016 / PT.BJM, dated 13 July 2016 which strengthened the Kotabaru District Court Decision Number 64 / Pid.B/2016/PN. Ktb, dated April 27, 2016 stating that the defendant Nanang Ramli bin (late) Syamsudin was proven legally and convincingly guilty of committing a criminal act of maltreatment which resulted in the death of the victim Jumadi alias jumai bin yahya ( alm) as stipulated in Article 351 paragraph (3) the Penal Code (hereinafter referred to as the Criminal Code) is correct, it is in accordance with the Public Prosecutor's Subsidies indictment, and has been based on the facts of the trial, the evidence presented The Public Prosecutor is in the form of witness statements, evidence, post mortem, and statements of the defendant. The Panel of Judges of the Kotabaru District Court in its consideration there are still some shortcomings, especially in its subjective considerations, namely on consideration of things that are burdensome and matters that alleviate the defendant. The consideration used by the judge in this case only focuses on the perpetrators of the crime. Whereas Article 5 paragraph (1) of Law Number 48 Year concerning Judicial Power requires judges to explore, follow, and understand the legal values ​​and sense of justice that lives in society. This means that the judge must also consider the loss of the crime victim, and the community

Thompson's Modern Land Law

2017 ◽  
Author(s):  
Mark Thompson ◽  
Martin George
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Land Law ◽  
Full Account ◽  
The Social ◽  
The Supreme Court ◽  
The Family ◽  
Human Rights Act ◽  
The Impact

This book offers contemporary coverage of a traditionally difficult subject. It moves away from the typically dense, black-letter approach adopted by many textbooks to take a more engaging look at the social context within which Land Law operates. The book is structured to reflect the key topics that are typically covered on the LLB, making it ideal for use as a main textbook, and the contextual approach and selective coverage ensure that it offers in-depth and rigorous analysis and discussion. It explains difficult rules and concepts, and guides students around the common pitfalls in areas where there is typically misunderstanding or confusion. This edition includes extended coverage of the Human Rights Act in land law; new coverage of the developments concerning estoppel; and expansion of the chapters on easements and covenants, to take full account of the final Law Commission proposals relating to these areas. Coverage of the family home has been revised to deal with the impact of Stack v Dowden and the Supreme Court decision in Jones v Kernott, as has the chapter on leasehold property to assess the Supreme Court decision in Berrisford v Mexfield Housing Co-operative Ltd.

Thompson's Modern Land Law

2019 ◽  
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Land Law ◽  
Full Account ◽  
The Social ◽  
The Supreme Court ◽  
The Family ◽  
Human Rights Act ◽  
The Impact

This book offers contemporary coverage of a traditionally difficult subject. It moves away from the typically dense, black-letter approach adopted by many textbooks to take a more engaging look at the social context within which Land Law operates. The book is structured to reflect the key topics that are typically covered on the LLB, making it ideal for use as a main textbook, and the contextual approach and selective coverage ensure that it offers in-depth and rigorous analysis and discussion. It explains difficult rules and concepts, and guides students around the common pitfalls in areas where there is typically misunderstanding or confusion. This edition includes extended coverage of the Human Rights Act in land law; coverage of the developments concerning estoppel; and expansion of the chapters on easements and covenants, to take full account of the final Law Commission proposals relating to these areas. Coverage of the family home has been revised to deal with the impact of Stack v Dowden and the Supreme Court decision in Jones v Kernott, as has the chapter on leasehold property to assess the Supreme Court decision in Berrisford v Mexfield Housing Co-operative Ltd.

Zorach V. Clauson: The Impact of a Supreme Court Decision

1959 ◽  
Vol 53 (3) ◽  
pp. 777-791 ◽  
Author(s):  
Frank J. Sorauf
Keyword(s):  
Public Policy ◽  
Supreme Court ◽  
Constitutional Law ◽  
Political Process ◽  
Supreme Court Decision ◽  
Political Conflict ◽  
Court Decision ◽  
The Supreme Court ◽  
The Impact

It has become a commonplace that the Constitution is what the Supreme Court says it is. Scholars of American constitutional law have, therefore, focused their studies largely on the Court's opinions as indices of the Constitution's current meaning. But however well established may be the Court's role as the expounder of the constitutional document, the impact of a decision will depend on many individuals and circumstances far beyond the confines of the Court. This paper will examine the effects of the decision in Zorach v. Clauson on public policy in the seven years since its announcement. It will attempt to follow the repercussions of one Supreme Court decision through the entire political process within one area of political conflict—in this case the conflict over church-state relationships.

scholarly journals Penerapan Hukum Materil terhadap Pelaku Pembunuhan dengan Unsur Penyertaan (Studi Kasus Putusan Mari No. 966 k/pid/2014)

2020 ◽  
Vol 13 (1) ◽  
pp. 15-28
Author(s):  
Elfirda Ade Putri
Keyword(s):  
Supreme Court ◽  
Special Form ◽  
Supreme Court Decision ◽  
Criminal Code ◽  
Court Decision ◽  
Public Prosecutor ◽  
Applicable Law ◽  
The Public ◽  
The Supreme Court ◽  
Witness Statements

Murder accompanied by inclusion or carried out jointly is a special form of murder that incriminates the perpetrators. Basically, judges 'considerations in deciding cases, especially with murder cases, are sometimes not in accordance with applicable law, apart from that the sentence imposed is sometimes not in accordance with the perpetrators' actions, so that justice is not obtained, especially for the injured parties. There are differences in sentencing in each court, even though prior to sentencing, the judge has considered the same juridical considerations from each court level, whether it consists of indictments of the public prosecutor, defendant's statements, witness statements, witness statements, evidence and articles of law criminal. The application of material law by the Public Prosecutor in the Supreme Court Decision number 966 K / Pid / 2014 is not right. The public prosecutor uses the subsidair indictment using Article 338 paragraph (1) jo Article 55 of the Criminal Code. Public prosecutor did not ensnare the defendant Article Number 340 of the Indonesian Criminal Code, where the criminal act committed by the defendant contained an element of "planning".

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