scholarly journals Long-Term Sentence in the Laws of the Former SFRY and Contemporary European Criminal Law

2021 ◽  
Vol 11 (11) ◽  
Author(s):  
Marina Simović ◽  
Vladimir Simović
Keyword(s):  
20Th Century ◽  
Death Penalty ◽  
Criminal Law ◽  
The Other ◽  
Criminal Sanction ◽  
Prison Sentence ◽  
Life Imprisonment ◽  
Conditional Release ◽  
European Criminal Law

Life imprisonment is the term for a prison sentence based on which a convicted person remains in prison for their whole life. After the death penalty, it is the severest criminal sanction. Many countries have introduced it in their legislation as a substitute for the death penalty. On the other hand, many legislations have, along with the long-term sentence, introduced the possibility of the convicts’ release, most often conditional release. From the second half of the 20th century onwards, life imprisonment as well as the death penalty has most often been regarded an inhumane and inefficient sanction, given that people sentenced to life imprisonment are considered permanently excluded from society, that is, losing any kind of interest in rehabilitation. This paper analyses the issues related to long-term sentences - life imprisonment in the countries of the former Socialist Federal Republic of Yugoslavia (SFRY) and in the contemporary European criminal law.

scholarly journals LIFE IMPRISONMENT AS AN ANSWER TO CONTEMPORARY SECURITY CHALLENGES - THE (IN)ADEQUACY OF THE RETRIBUTIVE APPROACH –

TEME ◽  
2020 ◽  
pp. 1109
Author(s):  
Zdravko V. Grujić
Keyword(s):  
Criminal Law ◽  
Public Attitudes ◽  
Criminal Sanction ◽  
Life Imprisonment ◽  
Conditional Release ◽  
The Social ◽  
Security Challenges ◽  
Legislative Changes ◽  
Criminal Legislation

Contemporary Serbian criminal legislation characterizes the concept of expansionism – the strengthening of the prescribed penalties and extending the limits of criminal repression (“punitive populism”), as legislative response to the trends of criminality, potential security challenges and public attitudes on the adequacy of the social response to the phenomenon of crime. The latest in a series of legislative changes envisages the introduction of life imprisonment as a new penalty in the criminal sanction system and, at the same time, the abolition of (long-term) imprisonment from thirty up to forty years. The severity of the criminal law reaction is reflected not only in the introduction of life imprisonment, but also in the prohibition of conditional release for the convicted, to life imprisonment for certain serious crimes, although such a solution is often challenged in comparative and international jurisprudence. The aim of this paper is to review the justification of introducing life imprisonment in our criminal legislation and to point out the (in)acceptability of certain normative solutions; to determine the potential scope and effects of life imprisonment as penalty, that is, to critically analyze the adequacy of the retributive approach in relation to the trends of criminality and contemporary security challenges.

The main types of penalties related to deprivation of liberty and their content under the Qatari Criminal Code (comparative legal analysis with certain norms of Russian legislation)

2020 ◽  
pp. 100-104
Author(s):  
Андрей Петрович Скиба ◽  
Андрей Владимирович Ковш ◽  
Александра Николаевна Мяханова
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Analysis ◽  
Life Imprisonment

В статье проводится сравнительно-правовой анализ ряда норм катарского уголовного законодательства, а также российского уголовного и уголовно-исполнительного законодательства. Рассматриваются виды наказаний, связанных с лишением свободы, и их содержание по Уголовному кодексу Катара. Дополнительно обращается внимание на систему и содержание отдельных наказаний (в виде смертной казни, пожизненного лишения свободы и лишения свободы на определенный срок). Формулируется авторская редакция статей 57-62 Уголовного кодекса Катара, касающихся системы основных видов наказаний и их содержания. The article provides a comparative legal analysis of a number of norms of Qatari criminal law, as well as Russian criminal and penal enforcement legislation. The types of punishments related to deprivation of liberty and their content under the Qatari Criminal code are considered. In addition, attention is drawn to the system of punishments, the content of individual punishments (in the form of the death penalty, life imprisonment and imprisonment for a certain period). The author's version of articles 57-62 of the Criminal Code of Qatar concerning the system of main types of punishments and their content is formulated.

scholarly journals “AND NOW THERE ARE CZECH SETTLEMENTS, I.A. IN THE CAUCASUS”

2020 ◽  
pp. 62-74
Author(s):  
Sergey Skorvid
Keyword(s):  
20Th Century ◽  
Russian Language ◽  
The Other ◽  
Omsk Oblast ◽  
Rural Migration ◽  
The Caucasus ◽  
Krasnodar Krai ◽  
The One

The purpose of this article is to introduce Czech immigrants’ dialects still spoken in several villages in Krasnodar Krai, Adygea and Omsk Oblast of Russia. These dialects appeared as a result of different waves of Czech rural migration in the latter half of the 19th and at the start of the 20th century respectively. The author analyzes the main features of the named varieties, focusing on those that indicate the dialects’ origin, on the one hand, and those that have been affected by their long-term contact with the dominant Russian language, on the other.

scholarly journals SANKSI PIDANA KEMATIAN BAGI ORANG KORUPSI DI INDONESIA (Death Criminal Sanctions For Personnel Of Corruption In Indonesia)

2021 ◽  
Vol 3 (2) ◽  
pp. 118-135
Author(s):  
Irvino Rangkuti, Alvi Syahrin, Suhaidi, Mahmud Mulyadi
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Shock Therapy ◽  
Death Sentence ◽  
Prison Sentence ◽  
Life Imprisonment ◽  
Republic Of China ◽  
Criminal Sanctions ◽  
Running Away ◽  
Economic Standpoint

The application of capital punishment itself has been regulated in Indonesia as contained in the law. Article 2 paragraph (2) of Corruption Act concerning Eradication of Corruption Crimes. According to Romli Atmasasmita, it was argued that the death penalty for corruptors was effectively implemented in the People's Republic of China (PRC), and it was quite successful to reduce corruption. This certainly can be used as an example in Indonesia in imposing capital punishment for corruptors. The imposition of capital punishment for perpetrators of corruption is urgently needed as "shock therapy" because psychologically the death penalty aims for the benefit of general prevention so that others do not participate in committing crimes. Also, the application of capital punishment is based on the reason that capital punishment is more certain than the prison sentence because the prison sentence is often followed by running away, forgiveness, or because of the release. When compared from an economic standpoint, basically the death sentence is more efficient when compared to life imprisonment. As for the problems that can be formulated, namely: legal arrangements regarding corruption in the Corruption Act; the application of capital punishment sanctions against perpetrators of corruption in Indonesia. The results of the study show that: Corruption is a type of extraordinary crime ("extra-ordinary crime") that must be handled extraordinarily, so that the act is contrary to the 1945 Constitution, therefore it does not need to be protected by the 1945 Constitution. accommodated in Article 2 paragraph (2) of the Corruption Act, must meet the requirements "in certain circumstances" by the Elucidation of Article 2 paragraph (2), but its application has never been implemented, so it is necessary to review the rules "in certain circumstances".

scholarly journals The Orthodox Neo-patristic Movements as Renewal of Contemporary Orthodox Theology: An Overview

2015 ◽  
Vol 7 (1) ◽  
pp. 94-115
Author(s):  
Ciprian Iulian Toroczkai
Keyword(s):  
20Th Century ◽  
The Other ◽  
Way Of Life ◽  
Doctoral Thesis ◽  
Other Hand ◽  
Orthodox Theology ◽  
The One

Abstract This study is a synthesis of the author’s long-term pursuits which were completed by a doctoral thesis. He has a twofold objective: on the one hand, the first part of the study he will offer a brief review of the main names (respectively works) related to the renewal of Orthodox theology in the 20th century; on the other hand, for a better understanding of the sources of this direction of theological revival, in the second part he will analyse the idea of Sacred Tradition as ecclesial way of life. In the end, he will describe the contributions, in various theological chapters, by Orthodox neo-patristic theologians; he will also signal a series of adverse aspects.

scholarly journals Belgian release policies, rationales and practices

2019 ◽  
Vol 11 (3) ◽  
pp. 169-187 ◽  
Author(s):  
Kristel Beyens
Keyword(s):  
Prison Sentence ◽  
Conditional Release ◽  
Relative Autonomy ◽  
Release System ◽  
Prison Term ◽  
The Law

Belgium has a two-track policy towards prison release: a quasiautomatic administrative release system for those with a prison sentence of up to three years, and a discretionary system operated by multidisciplinary Sentence Implementation Courts for persons with a prison term of more than three years. This article describes, discusses and compares both release systems, with a particular focus on their rationales and consequences and provides updated figures on the use of the different forms of release in Belgium. The principle of relative autonomy will be described as an important legitimation strategy of conditional release. The article explains how the sentence implementation rationale of reintegration is put forward as an important aim of sentence implementation in the law and how it is pursued in practice. The consequences of the increasing use of the ‘gradual system’ of release on the detention trajectory of long-term prisoners will be illustrated.

scholarly journals Criminal law politics on regulation of criminal actions in Indonesia

2021 ◽  
Vol 5 (S1) ◽  
Author(s):  
Suci Ramadani ◽  
Elwi Danil ◽  
Fadilla Sabri ◽  
Aria Zurnetti
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Legal History ◽  
Comparative Law ◽  
Scientific Paper ◽  
Prison Sentence ◽  
Legal Research ◽  
Legal Principles ◽  
Positive Law ◽  
Laws And Regulations

This paper aimed to discuss the legal politics of regulating narcotics and illegal drugs in Indonesia. Using normative legal research methods, this normative legal research focuses on an inventory of positive law, legal principles and doctrines, legal findings in cases in concreto, legal systematics, comparative law, and legal history. The writing of this scientific paper uses primary legal materials and secondary legal materials. Primary legal materials are in the form of laws and regulations related to the issues raised, including Law No. 35 of 2009 concerning Narcotics. Secondary legal materials are materials that explain primary legal materials, such as law books. The results of the research are supported by the opinions of legal experts (doctrine), as well as legal journals related to this research, among others, that narcotics legal politics is the main point in forming a legal system in the form of laws and regulations that regulate criminal acts as described above, Articles 111, 112 has a reasonably heavy prison sentence, which is a minimum of 4 years, and a maximum sentence of 20 years, even the death penalty.

scholarly journals Pembunuhan Dengan Mutilasi Menurut Kitab Undang-Undang Hukum Pidana Dan Hukum Pidana Islam

2016 ◽  
Vol 2 (1) ◽  
pp. 104-127
Author(s):  
Adam Suhartono
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Criminal Code ◽  
The Body ◽  
Criminal Sanction ◽  
Legal Basis

Abstract: This article discusses the crime of murder with mutilation according to the Criminal Code and the Islamic Criminal Law. Murder with mutilation murder is committed by the purpose to destroy evidence. Article which is often used as a legal basis for the criminal murder with mutilation is Article 340 of the Criminal Code with a maximum penalty of death which is sometime as an alternative to imprisonment. While in the Islamic criminal law, sanction for deliberate murder is qishâsh. Murder with mutilation is a deliberated and planned murder coupled with sadism of the perpetrator (in this case is by cutting up the body of victim into some parts). Criminal sanction of qishâsh or death penalty is worthly imposed for the crime of murder with mutilation. this severe criminal sanction is expected that the crime of murder with mutilation is no longer seen as a simple murder. Keywords: Murder, mutilation, criminal code, Islamic criminal law.                                  Abstrak: Artikel ini membahas tentang tindak pidana pembunuhan dengan cara mutilasi menurut KUHP dan hukum pidana Islam. Pembunuhan dengan mutilasi adalah pembunuhan yang diikuti dengan memotong-motong tubuh korban hingga menjadi beberapa bagian yang dilakukan dengan tujuan untuk menghilangkan bukti. Pasal yang sering dijadikan sebagai dasar hukum pelaku tindak pidana pembunuhan secara mutilasi adalah Pasal 340 KUHP dengan sanksi maksimal hukuman mati, yang terkadang hanya merupakan alternatif dari hukuman penjara. Sedangkan dalam hukum pidana Islam sanksi yang dijatuhkan bagi pembunuhan sengaja adalah qishash. Pembunuhan secara mutilasi itu merupakan pembunuhan yang disengaja dan direncanakan ditambah dengan unsur kesadisan dari pelaku dalam menganiaya mayat korban (dalam hal ini memotong-motong mayat korban). Sanksi pidana qishash atau hukuman mati layak dijatuhkan kepada pelaku tindak pidana pembunuhan secara mutilasi, dengan adanya sanksi pidana yang berat maka diharapkan kasus tindak pidana pembunuhan secara mutilasi ini tidak lagi dipandang sebagai pembunuhan biasa. Kata kunci: Pembunuhan, mutilasi, KUHP, hukum pidana Islam.

scholarly journals ‘DAMNATIO AD BESTIAS’ – RODZAJ KARY ŚMIERCI CZY SPOSÓB JEJ WYKONANIA?

2016 ◽  
Vol 11 (1) ◽  
pp. 181
Author(s):  
Przemysław Kubiak
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
The Other ◽  
Complex Nature ◽  
Wild Animals ◽  
Other Hand ◽  
The Moment

‘DAMNATIO AD BESTIAS’ – KIND OF DEATH PENALTY OR MODE OF EXECUTION? Summary Damnatio ad bestias was one of the most amazing institutions of Roman criminal law. It was closely connected to gladiatorial games and this relation caused and influenced its dynamic and complex nature. The goal of this paper is to answer the question about the legal characteristic of damnatio ad bestias, whether it was a kind of death penalty or only a mode of its execution. On the basis of legal sources one can affirm that, at least in the roman jurists’ opinion, damnatio ad bestias was a poena, although sometimes it was omitted in the legal catalogs of penalties used in the field of Roman criminal law. This fact may be reasonably explained by the nature of this punishment – it depended on organization of the games with wild animals, so not everywhere there was appropriate infrastructure and necessary beasts. On the other hand, texts describing this penalty, mostly concerning martyrdom of Christians, may suggest that it was a mere mode of execution. But as it seems, these sources refer to the moment of infliction of damnatio ad bestias and other aggravated forms of death penalty, like burning alive and crucifixion, and to the governors’ jurisdiction. All these three penalties were interchangeable accordingly to the circumstances, which fact may create an idea that they were only forms of execution.

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