Current issues of the implementation of a criminal penalty

The subject of the research is the criminal-legal aspects of the implementation of a fine as a type of criminal punishment. In this regard, an analysis of the materials of judicial practice is carried out, which makes it possible to reveal the current trends in the appointment of a criminal fine by the court. The dynamics of the appointment of a fine by the court as the main and additional punishment has been established. The purpose of the study is to uncover the problems of implementing a criminal fine as a type of punishment and to develop proposals for improving the mechanism for imposing a criminal fine by a court. The methodological basis of the research is formed by a set of general scientific and private scientific methods that predetermined an integrated approach to the study of the purpose of a fine as a type of punishment. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of the appointment of a fine, the determination of the property status of a person, and other income of the convict. The main results of the study contain conclusions and proposals aimed at improving the measures for the appointment of a fine in relation to minors, for the aggregate of crimes, when replacing a fine in case of malicious evasion from its payment. Conclusions are formulated regarding the methodological, organizational and practical aspects of the legal impact of a fine as a type of punishment aimed at achieving the goals of punishment. The novelty of the research topic lies in the formulation and solution of the problem associated with the appointment of a fine: 1) for the aggregate of crimes; 2) in relation to minors. Conclusions and proposals for improving the criminal law governing the basis and procedure for imposing a criminal fine are formulated.

A büntetéstan alternatív irányai?

The field of investigation of penology, the concept of criminal penalty as well as its general and specific goals and content have not changed despite drafting and formulating more and more types of criminal penalties in the penal/criminal codes over the past several decades. Regardless of the aforementioned, penology these days must have specific responses to situations – whether it is justified to extend the sphere of criminal penalties to penalties in case of which the goal of imposing penalty can be achieved in other ways, or whether it is necessary to apply the traditional penal measures to facts or perpetrators, in case of whom applying other measures can be more efficient in order to achieve either the protection of society or general prevention. This study is aimed at finding answers to these questions.

Aplicación del artículo 68 del Código Penal en caso de semiimputabilidad y Multirreincidencia

Se aborda en este trabajo el análisis de las relaciones entre la determinación de la pena prevista por el artículo 68 del Código Penal y el límite máximo de internamiento de acuerdo con las prescripciones del artículo 104.1 del mismo texto legal. Se estudian asimismo las prioridades de subsunción entre los arts. 68 y 66.1.7.ª del Código Penal y se hace una referencia al error en los presupuestos de hecho de una causa de justificación en caso de exceso intensivo por error en la legítima defensa.This paper addresses the analysis of the relationships between the determination of the criminal penalty provided by article 68 of the Penal Code and the maximum limit of internment in accordance with the prescriptions of article 104.1 of the same legal text. Subsumption priorities are also studied between arts. 68 and 66.1.7th of the Penal Code and a brief reference is made to the error in the factual assumptions of a justification cause in case of intensive excess due to error in legitimate defense.

Implementasi Pemidanaan terhadap Pelaku Tindak Pidana Illegal Logging di Taman Nasional Waykambas

The Indonesian government issued Presidential Decree No. 11 of 2020 concerning Public Health Emergencies as a serious warning of the threat of Covid-19. The delivery of dishonest information from a patient suspected of being infected with Covid-19 is an action to prevent the response to an outbreak that threatens the lives of people around him, including transmission to health workers who care for him. This study was formulated to figure out the legal sanctions for Covid 19 patients who were dishonest about their health conditions, and to find out the efforts made by the government in providing protection to health workers in handling Covid-19 patients. The research method used in the implementation of this research is normative legal research with an approach to the concept of legislation and the opinions of experts regarding to the law. The results showed that the application of strict sanctions to obstruction of the epidemic prevention measures could result in criminal penalties based on Law No. 4 of 1984 concerning Outbreaks of Infectious Diseases. As for the efforts made by the government to provide protection to health workers from the threat of Covid-19, it is given both preventively and repressively. Based on the results of this study, it can be concluded that patients who are not honest about their health conditions who have been infected with Covid-19 can be given a criminal penalty because this action is assumed as the way to prevent the government in overcoming the epidemic of infectious diseases that are currently hitting the community, then the government has also provided protection for health workers who treat patients infected with Covid-19 in a preventive and repressive manner.

Sanksi Hukum Bagi Pasien Tidak Jujur Terinfeksi Corona Virus Disease 2019

The Indonesian government issued Presidential Decree No. 11 of 2020 concerning Public Health Emergencies as a serious warning of the threat of Covid-19. The delivery of dishonest information from a patient suspected of being infected with Covid-19 is an action to prevent the response to an outbreak that threatens the lives of people around him, including transmission to health workers who care for him. This study was formulated to figure out the legal sanctions for Covid 19 patients who were dishonest about their health conditions, and to find out the efforts made by the government in providing protection to health workers in handling Covid-19 patients. The research method used in the implementation of this research is normative legal research with an approach to the concept of legislation and the opinions of experts regarding to the law. The results showed that the application of strict sanctions to obstruction of the epidemic prevention measures could result in criminal penalties based on Law No. 4 of 1984 concerning Outbreaks of Infectious Diseases. As for the efforts made by the government to provide protection to health workers from the threat of Covid-19, it is given both preventively and repressively. Based on the results of this study, it can be concluded that patients who are not honest about their health conditions who have been infected with Covid-19 can be given a criminal penalty because this action is assumed as the way to prevent the government in overcoming the epidemic of infectious diseases that are currently hitting the community, then the government has also provided protection for health workers who treat patients infected with Covid-19 in a preventive and repressive manner.

MENS REA AS THE BASIS OF DIVERSION IN THE CHILD CRIMINAL JUSTICE SYSTEM BASED ON RESTORATIVE JUSTICE

Restorative justice or more precisely keadilan restoratif in the Indonesian context is based on the principle of building joint participation between perpetrators, victims, and community groups in resolving a criminal act. The problem has been that in the formulation of the laws and government regulations diversion (diversi) is carried out if a criminal act is committed by a child who is punishable by imprisonment under seven years other than that if criminal acts that were committed by a child is not a repetition of criminal acts (recidive). A research using a normative legal research method found that through legal findings or rechtsvinding (penemuan hukum), judges can formulate criminal law policies through their decisions based on mens rea. Tt is a must for judges to settle criminal cases with a child of 12-years-old age perpetrator and/or the delinguent actor is a recidive via diversion. The provisions of Indonesian criminal procedure law dicates that judges are also obliged to seek diversion towards the settlement of all criminal cases whose actions were committed by children, both those with a criminal penalty over seven years and/or recidive or those who does not included in the two categories.

Can a patient’s death go unpunished?

A medical error resulting in a patient’s death is one of the most difficult experiences in the professional practice of medical personnel. A healthcare professional faces the suffering and grievances of the deceased patient's relatives and, at the same time, the prospect of legal liability including a criminal penalty and prohibition from practising a profession. This article attempts to address the issue of the necessity and usefulness of applying such far-reaching consequences in all cases of the patient's death caused through a fault attributable to a healthcare professional. It argues for the widest possible use of mediation in cases of medical error, in particular in criminal law cases. It focuses on reasonable expectations of the deceased patient’s family and the need for the improvement of standards of health protection in similar cases. This perspective makes it possible to conclude that a criminal penalty for the perpetrator of an error is not always in the public interest. As regards the possibility of using mediation in cases involving a medical error, this article refers to the Polish normative tradition, although the dilemma highlighted in its title is certainly of a universal and transnational nature.

Law Enforcement Of Fraud Through Electronic Media

Fraud case of using electronic media often occur in Indonesia at the moment. This illustrates that the community is remain very vulnerable in carrying out activities related to the electronic media. For this reason, it is necessary to undertake a research regarding to criminal offenses using electronic means, especially against criminal fraud. This obsolutely obtains an attention to investigate about legal policies of fraud through electronic media, and criminal penalty of fraud perpetrators through Electronic Media. This study aims to find out about the criminal sanctions of fraud perpetrators through electronic media and to find out the legal policies of criminal acts of fraud through electronic media. This research used the Normative research method. Fraud in Indonesia as regulated in article 378 of the Criminal Code, while fraud by spreading false news which harms consumers in electronic transactions through online or electronic media is regulated in article 28 Paragraph (1) of the Information and Electronic Transaction Act. The spread of hoaxes is equated with acts of deception in the real world as stipulated in article 378 of the Criminal Code. Fraud criminal penalty through electronic media may be subject to multiple articles against a criminal act that fulfills the elements of a criminal offense as regulated in article 378 of the Criminal Code and meets the elements of a criminal act article 28 paragraph (1) of the Information and Electronic Transaction Act.

Comparative analysis of system implementation punishments of Spain and Ukraine

In this article the analysis of penitentiary system of Spain, based on the received material by results of a visit of the working group of the Ministry of Justice of Ukraine for the purpose of exchange of experience and establishing cooperation in the penitentiary sphere. Relying on the information provided by the management of governing bodies of penitentiary institutions, personnel of the polyvalent penitentiary centres, bodies of police, non-governmental organizations and on the results of own observations it is studied the structure of bodies and institutions which carry out the punishments established by court. The order of execution of punishments, connected criminals, with isolation from society is defined. It is established special peculiar features of criminal and executive policy of Spain. It is carried out the comparative and legal analysis of systems of bodies and institutions of execution of punishments of Spain and Ukraine, separate differences are defined, it is structured a chain of command by penitentiary institutions, their submission, a procedure of non-departmental control of their activity, and preventive mechanisms of violation of the rights of the convicted persons. It is defined the Types of institutions and local structural sites according to the content of the isolating regime actions which are applied. The analysis of criminogenic list of convicts, their age structure is carried out. It is established the components of efficiency of process of performance of criminal penalty in the form of imprisonment for a certain term, the organizations of social and educational work by introduction of the correctional programmes of their behaviour consisting in implementation of influence taking into account features of mental, psychological, emotional state of everyone’s of the convicted person, its educational level and requirements. It is carried out the analysis and generally functional orientation and the main objectives of penitentiary institutions of Spain, features of ensuring protection and supervision of convicts in the polyvalent penitentiary centers. It is established efficiency and universality of functioning of the polyvalent penitentiary centers of Spain of the latest sample. The author reasonably substantiates the expediency of introduction of separate elements of techniques of social and educational work with convicted of Spain in Ukraine, in particular the correctional programmes of behaviour of the convicts focused on specific features and needs of everyone’s of the convicted person.

Problems of appointment and execution of a criminal punishment in the form of a penal

The article analyses problematic issues in the enforcement of a criminal penalty in the form of a fine, and examines the actual situation of a fine in the system of criminal penalties Despite the efforts of the legislature to make fines the most common form of criminal punishment, recent statistics show the contrary. The low level of enforcement of the penalty of a fine is indicative of the existence of problems in the legal regulation, especially with regard to the enforcement of the penalty of a fine imposed as an additional penalty. On the basis of the results of the study, some proposals have been made to remedy the problems