criminal protection
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2021 ◽  
Vol 3 (2) ◽  
pp. 341-359
Author(s):  
Mahmoud S. Elsherif

Predicting a crime before it occurs is not considered unseen, but rather a probable prediction, it may even be probable, concerned with analyzing a large amount of data according to algorithms prepared in advance for this purpose, that modern technology produced by artificial intelligence has had a great impact in aborting crime early. The fight against criminality is a necessary and vital matter that is renewed and developed according to the reality of its society, and the curtain does not fall - at the same time - on the jurisprudential theories that have always lurked with the criminal, sometimes analyzing him psychologically, sometimes socially, and sometimes biologically, in order to assess his criminal seriousness, and apply appropriate measures to prevent his return to crime. Once again, the algorithms - which are the backbone of AI - are taking on the task more precisely, faster, and cost less. However, the novelty of this method has added a kind of ambiguity in determining its legal nature and legality. With regard to the legal nature, we find that they are no more than security measures that are included in the duties of the arresting officers, because the prediction of a crime precedes its commission of course, and therefore no inference or investigation procedures of any kind can be taken regarding it. As for the legality of using artificial intelligence to predict the crime despite its risks affecting the constitutional right to protect personal data, however, those risks are quickly dispelled in the case in which the legislator is involved in enacting criminal protection for that data, as well as granting law enforcement officers the appropriate restrictive authority to be able to activate This new technology aims to reduce crime in the near future.


Author(s):  
Viktoria Babanina ◽  
Vita Ivashchenko ◽  
Oleg Grudzur ◽  
Yurikov Oleksandr

Through a documentary methodology, the article examines the characteristics of the criminal protection of the life and health of children in Ukraine and some other countries. The problem of determining the time of the beginning of the protection of a child's life and health, is analyzed in the light of the European experience. It is noted that in Ukraine it is necessary to recognize the right to live of the child at any stage of fetal development, to ensure the criminal protection of the child before birth. This approach is enshrined in several international legal acts, as well as confirmed by legal guarantees in the legal systems of many countries around the world. In addition, the article analyzes criminal law measures to guarantee the rights and interests of the child under modern Ukrainian law. The list of socially dangerous acts against minors is a result, so reinforced criminal liability is provided for considering the interests of minors. It has been concluded that in all post-Soviet countries the components of crimes against a person's health, considering the legislator's reaction to causing harm to the health of children during their commission, are clearly divided into three separate groups.


Eudaimonia ◽  
2021 ◽  
pp. 53-92
Author(s):  
Ana Zdravković

In comparative and domestic case law, individuals are often being criminally prosecuted for actions that also contain elements of misdemeanours or other administrative or disciplinary offenses, for which they have already been trialed and even punished. This is evidentially a violation of the ne bis in idem principle, which represents not only one of the basic pillars of criminal law, but also internationally protected human right. Therefore, through analysis of the case law of the European Court of Human Rights, in particular Milenković v. Serbia case, together with the stands of domestic courts on the topic at hand, it will be illustrated that inadequate application of the prohibition against double jeopardy necessarily leads to inadequate criminal protection, shortage of just satisfaction for victims and undermining of legal certainty.


Author(s):  
Višnja Randjelović ◽  

With the raising of the social visibility of numerous forms of injury and endangerment of the environment, as well as the raising of people's awareness of the need for wider and more intensive environmental protection, a special group of crimes aimed exclusively at environmental protection is being formulated. Criminal protection of the environment should be viewed through the basic three characteristics of criminal law - its fragmentation, accessory and subsidiarity in order for this protection to be justified and to represent the ultima ratio in environmental protection. This position is taken both in the national criminal legislation and at the level of the European Union, within the framework of whose rich legislative activities in this field the states are again appealed to criminalize and prosecute crimes against the environment, when other measures of social reaction to damage and destruction of the environment does not give satisfactory results. Comparing the criminal offenses against the environment contained in the Criminal Code of Serbia with the actions whose incrimination is proposed within the EU regulations, it can be noticed that the domestic legislation is essentially harmonized with EU law. What remains "uncovered" is criminal law protection against noise, given that noise protection is regulated in domestic legislation within the framework of misdemeanor law.


2021 ◽  
Vol 03 (08) ◽  
pp. 01-10
Author(s):  
Ismahane ABDERREZAK

The Algerian legislator has paid special attention to childhood by ‎following ‎a strict criminal policy and setting up deterrent and injunctive ‎legal texts and ‎provisions for anyone who is tempted to exploit his ‎weakness and ‎helplessness to attack him and prejudice his physical and ‎psychological ‎integrity. Among the most important things that reflect this ‎protection are ‎the provisions in Article 269 of the Penal Code and what ‎follows. Which ‎criminalized every form of physical abuse that a minor ‎child under the age of ‎‎16 may be exposed to due to his physical ‎weakness and inability to defend ‎himself, especially in the face of the ‎closest people to him, his parents, those ‎who take care of him or those ‎who have authority over him, as he extended ‎protection in all Places ‎where he can be found while he is under this age. ‎Whether within the ‎family, in the nursery, at school, in nursing homes for ‎paramedic ‎children, or in the interests of the open environment


2021 ◽  
pp. 90-97
Author(s):  
Krasnova K. A. ◽  

The phenomenon and development of modern digital technologies put imprint on almost all life spheres, including sports. Over the past years, there have been a rapid development of a new sport and a new direction of the sports business, i. e., esports, which, unlike traditional sports, is causally relating to information and telecommunication technologies and intellectual property. The Regulations on esports adopted in 2020 by the Ministry of Sports of the Russian Federation, expanded the concept of sport by officially recognizing esports as an independent sport. Today, esports is a fast-growing high-tech industry with an ever-growing global audience and a significant number of computer companies and stakeholders involved, which are usually in fierce competition with each other. Nevertheless, despite rapid transformation into the mainstream, this industry is faced with both traditional criminal law concerns and specific inherent to esports problems, which can hinder its potential growth. All the aforesaid suggests that the boundaries of sport are constantly expanding likewise the legal relations regulated in the digital era by criminal legislation, as well as the related law enforcement issues. At the same time, it must be acknowledged that the current legislation is imperfect, and the issues of countering illegal methods of influencing the results of computer sports competitions and electronic doping, fraud and corruption, as well as criminal protection of copyright and related rights, problems of the ratio of criminal and non-criminal in esports are understudied by experts.


2021 ◽  
Vol 03 (07) ◽  
pp. 163-186
Author(s):  
Bushra Salman Hussain AL-OBAIDI

The protection of women's political participation is a fundamental issue for the advancement of women around the world and for the advancement of all mankind, according to what was stated in the Beijing Declaration. The international community believes that women are affected, just like any man, by the challenges facing humanity in the twenty-first century, whether with regard to development. Economic and social, or with regard to peace and security, but that women are often the most affected by these challenges and therefore must participate in decision-making processes in all areas with equal force and the same numbers. There is no policy more important than the political empowerment of women in preventing the outbreak of conflicts or in achieving reconciliation after the end of the conflict. With the increasing political participation of women, they still represent a small percentage in the higher and leadership ranks, which help in influencing the process of enacting laws and legislation in favor of women and their equality in society.In spite of Iraq’s commitment to international conventions that guarantee women's political rights, women have not formed an effective force in parliament or political parties and are still absent from leadership positions in the country in spite the emphasis on their participation, on an equal footing with men due to security, political, social and economic threats. Its Rise to the ranks of crimes, it is a serious obstacle to their political participation, criminal protection for women's political participation and its impact on their human rights. For women's political participation and its impact on their human rights. Research objectives/promote women's political participation by securing an effective criminal policy against threats to their political participation and activating the implementation of legal texts that criminalize these threats, as well as enacting penal texts to criminalize other acts that do not find criminal coverage for them within the legislation in force, which in turn will constitute protection for women in The scope of their exercise of their political rights, as well as deterring the perpetrators of these threats or those who are begging to commit them. The introductory plan/includes an introduction, and an investigation that deals with studying the nature of political participation of women and their criminal protection and definition, their characteristics and conditions, as well as the forms of crimes that are electoral crimes and their clarification of their position in the laws in force of what is covered by these laws, as well as an explanation of what are actually electoral crimes but need legislative cover. Then we conclude the research with our findings and recommendations.


2021 ◽  
Vol 5 (S3) ◽  
pp. 154-160
Author(s):  
Muhannad Suliman Mohamed ◽  
Arieff Salleh Bin Rosman

The study aims to illustrate the criminal protection of public employees in the United Arab Emirates law compared with Islamic law in order to address the ambiguities related to the topic. Moreover, there is a large gap between the traditional United Arab Emirates Law and protection of public employees in Islamic law. This study highlights the importance of Islamic law as one of the essential sources of the law in United Arab Emirates. This study follows the doctrinal approach to identify and compare between the criminal protection provisions in both laws. The methodology allows understanding the criminal protection during the Prophet’s (PBUH) era and that of current companies. The result of this study shows that the Islamic law, established by the Almighty, is the main source of the traditional law in the United Arab Emirates. In addition, the criminal protection relays power of the importance of public employees to the United Arab Emirates institutions. The results of this study show that the criminal protection allows employees wide authority in their field exposing them to different challenges.  


2021 ◽  
pp. 088626052110358
Author(s):  
Tami P. Sullivan ◽  
Nicole H. Weiss ◽  
Jacqueline Woerner ◽  
Diana Belliveau

Criminal protection orders (POs), with varying degrees of restrictions on offenders’ behavior, are issued by the criminal justice (CJ) system to enhance the safety and well-being of victims of domestic violence (DV). Yet, little research exists to elucidate outcomes associated with their issuance, and no research has examined outcomes of POs that are issued with greater restrictions than what victims requested. Among 187 women who were victims in a criminal DV case with a male intimate partner and who voiced their preference about a PO in the court system, this study examined if women’s DV revictimization by their partner and mental health (i.e., posttraumatic stress disorder and depression symptom severity, perceived stress, and fear) are differentially impacted by whether criminal POs issued by the court were more restrictive than what was requested by victims. Results showed that regardless of whether the level of criminal PO issued was more restrictive or not, victims reported significant decreases in victimization and improvement in mental health over time. However, there was greater benefit regarding victimization and mental health outcomes in the degree of change over time for victims with POs that were not more restrictive than those whose POs were more restrictive. Findings are discussed in the context of Therapeutic Jurisprudence and survivor-defined practice, which underscore the importance of victims’ input and requests in criminal PO proceedings.


2021 ◽  
pp. 088626052110219
Author(s):  
Samantha C. Holmes ◽  
Christopher D. Maxwell ◽  
Lauren B. Cattaneo ◽  
Barbara A. Bellucci ◽  
Tami P. Sullivan

Consistent with a therapeutic jurisprudence framework, court decisions and processes can have a therapeutic or antitherapeutic effect on intimate partner violence (IPV) victims. To maximize therapeutic effects, IPV scholars have advocated for survivor-defined practices that emphasize the importance of engaging with victims in a collaborative manner that promotes autonomy, choice, and control. However, limited research exists in the context of criminal protection orders (POs). The current study addressed this gap by assessing whether criminal PO match (whether victims received the level PO they requested [i.e., PO match] or not [i.e., PO mismatch]) and victims’ subjective experiences of the court process were associated with their willingness to use the system in the future to address IPV. In a sample of 187 women whose partners were arrested for IPV, experiencing the court processes as positive (β = .36, p = .001) and court-related fear (β = .41, p < .001) were positively associated with willingness to use the system in the future. Additionally, PO match moderated the association between subjective court experiences and willingness to use the system in the future. Experiencing the court processes as negative ( b = .33, p = .005) and validating ( b = –.36, p = .001) was associated with willingness to use the system in the future only for participants who did not receive the PO level they requested. While experiencing the court as positive ( b = –.40, p ≤ .001) was associated with willingness to use the system regardless of PO match, it was most strongly associated for participants who did not receive the PO level they requested. Results suggest the importance of ascertaining strategies to improve victims’ experiences with the court, especially when victims’ requests are not met, to increase future engagement with the system.


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