scholarly journals Penalty of the Prison in the Republic of Srpska With Special Review at its Application in Practice of the District Court in Banja Luka // Kazna zatvora u Republici Srpskoj s posebnim osvrtom na njenu primjenu u praksi Okružnog suda u Banjoj Luci

2019 ◽  
Vol 9 (9) ◽  
pp. 35
Author(s):  
Ljubinko Mitrović
Keyword(s):  
Criminal Code ◽  
Economic Crime ◽  
District Court ◽  
Criminal Offense ◽  
Special Review ◽  
The Republic ◽  
Banja Luka ◽  
Republika Srpska ◽  
Criminal Legislation

Penalties for all modern criminal legislation are particularly regarded as fines for deprivation of liberty of various modalities - imprisonment, long-term imprisonment, juvenile imprisonment or life imprisonment. These are very often applied, special penalties that consist of depriving the perpetrator of the freedom of movement for the perpetrator of a criminal offense in a court decision for a certain time and its placement in a special institution or penitentiary institution from the system of these institutions of a particular state. Similarly with Republika Srpska, whose latest criminal legislation (primarily the Criminal Code of the Republic of Srpska of 2017) provides for two separate fines for deprivation of liberty - imprisonment and long-term imprisonment. It is precisely these two special, independent penalties and their application, with fines, in the practice of the District Court in Banja Luka (or its departments: the Criminal-Misdemeanor and the Special Department for the Suppression of Corruption, the Organized and the Toughest Forms of Economic Crime) there will be words in this paper.

scholarly journals EXCLUSION OF ILLEGALITY OF OFFENSIVE SPEECH GIVEN IN DEFENCE OF A RIGHT OR PROTECTION OF JUSTIFIED INTERESTS

2020 ◽  
pp. 093
Author(s):  
Danilo Kostić
Keyword(s):  
Criminal Code ◽  
Specific Reference ◽  
Scientific Article ◽  
Criminal Offense ◽  
Positive Law ◽  
National Courts ◽  
The Republic ◽  
Basic Features ◽  
Criminal Legislation ◽  
Offensive Speech

This scientific article analyzes the basic features and elements of the criminal offense of insult from the theoretical and normative aspect, with specific reference to the analysis of the conditions necessary for the application of the special legal ground for excluding illegality of offensive speech, stipulated in Article 170 (4) of the Criminal Code of the Republic of Serbia. Relying on the critical analysis of national criminal legislation and a brief review of national courts’ practice, the author points out to the contradiction of adopted legal standpoints when interpreting the disputed provisions, and emphasizes the importance of ensuring uniform and consistent court practice in this field. Proper and complete consideration of the criminal offense of insult, and especially the ground for excluding the illegality of the taken actions, stipulated in the provisions of Article 170 (4) of the Serbian Criminal Code, calls for precise interpretation of these provisions. Inadequate conduct of judicial bodies entails the possibility of convicting the perpetrator of the criminal offense of insult, even if the requisite conditions prescribed in the positive law have not been satisfied.

scholarly journals Legal Protection for Child Kidnapping Victims: Case Study in Gianyar District Court

2020 ◽  
Vol 42 (3) ◽  
pp. 333
Author(s):  
Komang Suartana ◽  
I Made Wirya Darma
Keyword(s):  
Child Protection ◽  
Legal Protection ◽  
Criminal Code ◽  
District Court ◽  
Legal Research ◽  
Specific Context ◽  
Criminal Offense ◽  
The Republic ◽  
Special Protection

This article aims to analyze how the crime of child kidnapping is covered in the Indonesian Criminal Code and the type of sanctions that can be imposed on the perpetrator of the crime of child kidnapping. It is a legal research that uses statutory, conceptual, and case approaches in discussing the legal protection of child kidnapping victims. In order to illustrate how the law that protects the victim of child kidnapping is applied by the court, it presents a case study at the Gianyar District Court that investigated a criminal offense of child kidnapping in 2018. The results reveal that the Indonesian Criminal Code classifies child kidnapping as a crime that is punishable as stipulated in Article 330 of the Code. In a more specific context, Law of the Republic of Indonesia Number 35 of 2014 concerning Amendments to Law Number 22 of 2003 concerning Child Protection includes child kidnapping as a case that needs to be given special protection  A case study regarding the imposing of sanctions on the perpetrator of child kidnapping can be seen in a criminal case before the District Court of Gianyar in 2018. In the judgment, the panel of judges imposing a sentence against the defendant in the form of imprisonment of 8 (eight) years in prison and a fine of Rp. 60,000,000 (sixty million rupiah) subsidiary 6 (six) months in prison;

scholarly journals Some Solutions in the Draft of Criminal Code of the Republic of Srpska // Pojedina rješenja u nacrtu krivičnog zakonika Republike Srpske

2017 ◽  
Vol 7 (7) ◽  
pp. 163 ◽  
Author(s):  
Veljko Ikanović
Keyword(s):  
Motor Vehicle ◽  
Psychiatric Treatment ◽  
Criminal Code ◽  
Practical Application ◽  
Current Version ◽  
Criminal Offense ◽  
General Part ◽  
The Republic ◽  
Almost All ◽  
Republika Srpska

The paper presents the text and analysis of individual characteristic solutions according to the current version of the Draft of the new Criminal Code of Republika Srpska, which was drafted by the working group of the Ministry of Justice of Republika Srpska. It’s about these institutes from the general part: pronouncement of imprisonment for up to six months, prohibition of driving a motor vehicle, acquisition and prolonged criminal offense and the safety measure of compulsory psychiatric treatment and care in a health institution. Given that almost all of the foregoing is deviating from the multiannual established principles and attitudes of legal science and jurisprudence, we expect that these solutions will cause considerable attention but also cause certain problems in practical application. Considering that some of the selected and processed solutions are unnecessary and the other undefined and undetermined, this paper aims to draw the attention of the scientific and professional public in order to form a view on the real need for such solutions to be truly adopted.

scholarly journals Comparative legal characteristics of some tax crimes in the Republic of Kazakhstan and Ukraine

2021 ◽  
Vol 1 (1) ◽  
pp. 209-215
Author(s):  
Dmytro Sanakoiev ◽  
Bagdat Seitov
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Economic Security ◽  
The State ◽  
Economic Crime ◽  
Legal Analysis ◽  
The Public ◽  
Economic Opportunities ◽  
The Republic ◽  
Criminal Legislation

In this paper, the author’s conducted a comparative legal analysis of a number of tax crimes under the criminal legislation of Kazakhstan and Ukraine. The authors note that in contrast to general crime, the feature of tax crimes is their high latency, expanding the means of their implementation, which increases public danger and the effectiveness of combating them, affects the state of economic security, reducing economic opportunities due to lack of public funds. . The study of the systemic links between tax crimes remains a relevant area of research, as it is their understanding as a component of economic crime that opens up effective ways to ensure economic security. In contrast to general criminal crimes, the features of tax crimes are their high latency, the variety of ways to commit them, which increases the public danger and the effectiveness of countering them, affects the state of economic security, reducing the economic opportunities of society due to the non-receipt of funds for state needs in the budget. The study of the systemic links of tax crimes remains an urgent area of scientific research, since it is their understanding as a component of economic crime that opens up effective ways to ensure economic security. The peculiarities of bringing a person to criminal responsibility and release from it under the conditions of compromise have been studied. The authors came to the conclusion that today it is impossible to talk about the existence of a single approach to the issue of illegal actions in the field of taxation, which would require bringing the perpetrator to justice. The author’s believes that to protect the economy and ensure economic security of the States adequate replenishment of the budget at the expense of tax revenues further modernization of the criminal law and offers the author's articles 244, 245 of the Criminal code of the Republic of Kazakhstan.

scholarly journals CRIMINAL OFFENSES AGAINST OFFICIAL DUTY, WITH SPECIAL ANALYSIS OF THE CRIMINAL OFFENSE, ABUSE OF OFFICIAL POSITION AND AUTHORIZATION, ACCORDING TO CRIMINAL LEGISLATION AND PRACTICE

2019 ◽  
Vol 30 (6) ◽  
pp. 1479-1486
Author(s):  
Tose Panov
Keyword(s):  
Criminal Code ◽  
Criminal Offense ◽  
Legal Norms ◽  
Official Position ◽  
Special Analysis ◽  
Criminal Offenses ◽  
The Status ◽  
The Republic ◽  
Basic Characteristics ◽  
Criminal Legislation

In this paper the author will try to analyze and describe the basic characteristics of the criminal offenses against official duty, and he will pay special attention to the criminal act "Abuse of official position and authority" from Article 353 of the Criminal Code of the Republic of Macedonia as a general and fundamental criminal offense against official duty. The basic elements of the criminal offense will be analyzed, starting with the status of the perpetrators, the acts of committing, the consequences of the offense, the guilt of the perpetrator, and in the end are presented the qualified forms of this criminal act. Through the outburst of the legal norms, and the stated statistics we will try to give freshness to the legal text, and that is the main contribution of this paper.

scholarly journals Objective Signs Act Done with Intent to Prevent Child Being Born Alive or To Cause It to Die After Birth: National and Indian Experiences

2021 ◽  
Vol 9 (11) ◽  
pp. 1132-1137
Author(s):  
Khudaykulov Feruzbek Khurramovich
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Causal Link ◽  
Material Structure ◽  
Criminal Offense ◽  
Formal Element ◽  
The Republic ◽  
Definition Of ◽  
Objective Side ◽  
Criminal Legislation

Abstract: The article analyzes the problems of qualification crime, connected with infanticide. the terms, used in formulation of crime under considering, which demands of unambiguous and luminous exposition are defined. this article illustrates the objective side of the crime structure and its facultative signs and their criminal legal significances belong to offence of infanticide , including the theoretical and practical problems of facultative signs of the objective side of the crime structure, which are specified in the criminal code of the republic of uzbekistan. in addition, proposals and recommendations for further improvement of the criminal legislation. also, in this article, the author analyzes offence of infanticide in national, foreign and Indian experiences. This article illustrates that the facultative signs of the objective side of the crime of offence of infanticide are specified in the Criminal Code as extenuating (qualifying) signs at the qualification of criminal offense and Objective signs of this crime consist in the unlawful deprivation life of a newborn child.On the objective side, the crime under article 99 of the criminal code of the Republic of Uzbekistan has a material structure. It can be committed either through action or inaction. A socially dangerous consequence must be in the necessary cause-and-effect relationship with the mother's act. Keywords: infanticide, criminal law, privileged formal element of a definition of crime, facultative signs of the objective side of the crime; the time, socially dangerous act; socially dangerous consequences; causal link

scholarly journals Measure of Security of Obliged Psychiatric Treatment and Story in the Healthcare Institution in the Criminal Law of the Republic Of Srpska // Mjera bezbjednosti obaveznog psihijatrijskog liječenja i čuvanja u zdravstvenoj ustanovi u krivičnom zakoniku Republike Srpske

2018 ◽  
Vol 8 (8) ◽  
pp. 114
Author(s):  
Veljko Ikanović
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Psychiatric Treatment ◽  
Criminal Code ◽  
Security Measures ◽  
Criminal Justice Reform ◽  
Criminal Offenses ◽  
The Republic ◽  
Republika Srpska ◽  
Criminal Legislation

This paper discusses the measure of the safety of compulsory psychiatric treatment and care in a health institution from the new Criminal Code of Republika Srpska. Here, in fact, it is about “returning” to the law of an old measure that previously existed in domestic criminal legislation until its 2003 reform. Considering that a new one has been abandoned in Bosnia and Herzegovina by the harmonization of criminal justice reform, the procedure against irregular perpetrators of criminal offenses and the introduced security measures that other legislation in the country does not know, we expect this to raise the attention of legal science, jurisprudence and certain international factors under the influence of which the measure was removed from the criminal legislation. With this work, we want to draw the attention of the scientific and professional public to the need for traditional, scientifically based and proven solutions to be quickly and uncritically abandoned, so that after a certain period of time, “after-mindedness,” it was understood that it was wrong and counterproductive.

PENYELESAIAN SENGKETA PEMILU AKIBAT PENGGELEMBUNGAN SUARA DI KABUPATEN TAPIN

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Gusti Muhammad Ihsan Perdana
Keyword(s):  
Time Trial ◽  
General Election ◽  
The Other ◽  
District Court ◽  
Criminal Trials ◽  
Criminal Offense ◽  
Criminal Charge ◽  
The Future ◽  
The Republic ◽  
Legislative Election

 Legislative election in distric Tapin was spotted with a vote, conducted by members of the Commission, M. Zainnoor Wal Aidi Rahmad win a legislative candidate from the Golkar Party, namely Bambang Herry Purnama the 2014-2019. Elections Honorary Council for General Election Organizer of the Republic of Indonesia as No. 15 / DKPP-PKE-III / 2014 has imposed sanctions on Zainnoor Wal Aidi M. Rahmad form of dismissal remain as a member of the Tapin district Elections Commission since the verdict was read. Rantau’s District Court in its decision No. 135 / Pid-Sus /2014/PN.Rta, Bringing the sanctions in the form of imprisonment for 10 months with the criminal provisions do not need to be run in the future unless is another command in the verdict that convicted before time trial during the 12 (twelve months) ends have been guilty of a criminal offense and a fine of Rp. 10,000,000.00 (ten million). Dismissal sanctions remain to perpetrators as member of the district KPU Tapin have sense of fairness, but the connection with the criminal charge of criminal trials less reflectjustice for his actions that allow offenders not sentenced to imprisonment and the other party can not do the same.Keywords: Elections Tapin distric, Inflation Voice, Sanctions

THE CONCEPT OF THREAT IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF MOLDOVA

2021 ◽  
pp. 44-55
Author(s):  
Mihaela Angheluta ◽  
Keyword(s):  
Criminal Code ◽  
Republic Of Moldova ◽  
Informational Influence ◽  
General Part ◽  
The Republic ◽  
Criminal Legislation ◽  
Principle Of Legality

In the Criminal Code of the Republic of Moldova, the concept of threat designates not a socially dangerous phenomenon, but a socially dangerous act. From this perspective, the content of the concept of threat is disclosed in this article. In the Criminal Code, the notion of threat designates the prejudicial action, committed with intent, which is one of the types of mental violence, which involves the exercise of an informational influence on the victim, which has the effect of intimidating it, which assumes that the victim is provided with information about causing her harm, which involves partial or full impairment of the victim’s ability to make decisions and express opinions. The notion of threat must be defined in Chapter XIII of the general part of the Criminal Code of the Republic of Moldova. This definition must be abstracted from details concerning concrete crime components. This would contribute to the interpretation and application of liability for the threat in strict accordance with the principle of legality.

INTERNATIONAL PROTECTION OF THE SPHERE OF BLOCKCHAIN FUNCTIONING AGAINST CRIMINAL OFFENCES: LANDSCAPE, DYNAMICS AND PERSPECTIVES

2020 ◽  
Vol 13 (7) ◽  
pp. 133-138
Author(s):  
SONA MKRTCHIAN ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Information Technologies ◽  
Legal Protection ◽  
Criminal Code ◽  
International Protection ◽  
Criminal Offense ◽  
Telecommunications Network ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of the research is to identify the most successful ideas and legal techniques used in international law regarding regulations of defense against criminal offences in the sphere of cybersecurity, as well as blockchain functioning and cryptocurrency turnover. Results. On the basis of the positive international experience in regulating the criminal legal protection of relations in the last-mentioned sphere, the following directions for improving Russian criminal legislation were formulated: 1) fixation of the fair limits of the criminal administrative liability for defendant in reliance on the level of public danger of his personality and his offences; 2) creation of the formally defined crimes against computer information; 3) criminalization of some actions that precede cybercrimes; 4) expansion in the number of the mentioning of the sign "by interfering in the functioning of the resources of the storing, processing or transmitting computer information or data telecommunications network" as an essential or aggravating elements of crimes, typically committed with the use of information technologies (for example, in the articles number 133, 134, 135, 137, 138, 139, 146, 147, 163, 165, 240, 240.1, 241 of the Criminal Code of the Russian Federation, etc.); 5) expansion in the number of the elements of crimes combined in the chapter 28 of the Criminal Code of the Russian Federation, in reliance on the modern criminal schemes and typical criminal situations in the world of information technology; 6) expansion of the effect of the article number 274.1 of the Criminal Code of the Russian Federation on any criminal offense to the critical information infrastructure of the Russian Federation and inclusion of the additional aggravating elements in the text of this article.

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