Analysis of the Increase in Femicide Following Its Classification as a Crime in the Digital World

Femicide, or feminicide as it is known in some Latin American jurisdictions, is the murder of a woman because of her gender. National and international regulations agree that this constitutes a hate crime, rather one of habitual violence since femicide is motivated by more complex factors than those of mere physical assault. Violence has become a social problem that has changed the dynamics of the family and associated elements, leading to implications in the psychological, personal, and social spheres, among others. With this perspective, the study carried out a normative analysis of the current situation in Ecuador following the separate classification of the crime of femicide in the General Organic Penal Code (GOPC). The research drew heavily on interviews with active members of Ecuadorian legal institutions in order to build a taxonomy of inconsistencies that determine the reasons for the increase in these murders after the change to the law, at the same time as the stiffening of the state's resolve to prevent them.

Kryminalizacja finansowania terroryzmu w świetle przepisu art. 165a kodeksu karnego. Część 1

Progressing globalization, ease of movement and the pace of information flow undoubtedly have intensified the threat of an important social problem — terrorism. An key instrument of combating terrorist activity is counteracting its financing. This article will analyze the crime of financing terrorism, which has been typified in Art. 165a of the Polish Criminal Code. An attempt will be made to answer the question of whether the legislative measures taken in the above-mentioned scope are purposeful, necessary and justified. The genesis of the current legal regulations in the field of counteracting the financing of terrorism in the Polish penal code will be also presented.

Odpowiedzialność usługodawcy za udostępnianie w internetowych serwisach społecznościowych treści przestępnych związanych z publicznym propagowaniem faszystowskiego lub innego totalitarnego ustroju państwa według projektu ustawy o ochronie wolności słowa w

Having in mind the Law on the Provision of Electronic Services, the article presents selected issues in the field of strict liability of the service provider in the form of administrative penalties for publishing on social media criminal content or content that is related to it, in the form of praising or exhorting to commit the crime prohibited under Art. 256 of the Penal Code according to the Draft of the Law on the Protection of Freedom of Speech on Social Media. It presents selected issues concerning inaccuracies and imprecise definitions of the notions of service provider, user, and illegal content, especially in the context of content that does not exhaust the features of a prohibited act under Art. 256 of the Penal Code. It describes also the procedure to be followed in the event of the user’s complaint about blocking their content, profile or a complaint about disseminating illegal content. The author concludes that the assessment of illegal content that does not exhaust the features of a crime under Art. 256 of the Penal Code, but is related to it, in the form of praising or exhorting to commit it, will belong to the Freedom of Speech Committee. Additionally, the regulations of the Law on the Provision of Electronic Services and the Draft of the Law on the Protection of Freedom of Speech on Social Media are inconsistent because, on one hand, after the so-called flagging of the content on social media, the service provider is obliged to remove illegal content (Art. 14 of the Law on the Provision of Electronic Services), while, on the other hand, according to the commented draft of the law, he is exposed to proceedings before the Freedom of Speech Committee and its arbitrary classification of content as legal or illegal.

THE TASKS OF A PROBATION OFFICER RELATED TO THE MONITORING OF PERFORMANCE OF PROBATIONAL OBLIGATIONS DURING THE TRIAL PERIOD IN “O” CASES

The tasks of the probation officer who execute judgments in criminal matters, resulting from the Executive Penal Code, include, inter alia, control of the execution by the convict of probation duties imposed by a court judgment. Their aim is to educate and prevent the return to crime. In connection with the supervision of the performance of duties during the trial period without adjudicated supervision, probation officers have a number of tasks that are discussed in this article. It also addresses issues raised by probation officers in the scope in which the implementing provisions do not directly specify the obligations of this professional group.

The Legal Framework on Human Trafficking in the UAE

Trafficking in human beings is not accepted by the International Entities as a whole; because of the human rights violations that it entails and the woes that result from these acts. This research aims to identify the legal framework for crimes of trafficking in human beings in the UAE, and what made these legislations are distinquieshed in the CGC related to their phases of developments, by answering two main questions, firstly: What is the crime of human trafficking and its pillars? Secondly: what is the role of the UAE legislator in combating human trafficking crimes? The research followed the descriptive analytical approach. Finally: at the end of this research, number of results are reached related to the development of the UAE law as a special law for crimes of human trafficking as a complementary law to the Federal Penal Code. There are matters and procedures the UAE law must do it, for example, the need to criminalize the act of incitement to commit crimes of human trafficking in all its forms, by any means and whatever the legal or factual effect of this incitement.

Prokurator jako organ nadzoru penitencjarnego — od pełnej kontroli do utraty pozycji organu postępowania wykonawczego

This paper discusses the evolution of the position and role of the prosecutor in the course ofshaping the institution of penitentiary supervision. Penitentiary supervision is the process of examining (controlling) the activities of the bodies established to carry out isolation measures, combined with the possibility of assistance, influence and modification of this activity. In the past, the scope of the prosecutor’s influence on the functioning of the broadly understood criminal justice system was much greater. The evolution from prosecutor supervision, through prosecutor–court supervision, to the current model of only judicial supervision, is an interesting example of a clash between two competing participants in criminal proceedings. Judicial penitentiary supervision has turned out to be more effective, and, above all, it is a guarantee of lawful and humane execution of imprisonment and pre-trial detention. The prosecutor’s supervision, especially in the period after the adoption of the 1969 Executive Penal Code, did not enjoy the same prestige as that of a judge. Prosecutors are not an independent body like judges and it was difficult to consider their decisions fully impartial. The study is a historical analysis. The time range is determined by two important normative regulations. The beginning is the decree of the Chief of State of 8 February 1919 on temporary prison regulations, where the term penitentiary supervision (performed only by a prosecutor) appears for the first time in Polish legislation. The closing date is the adoption on 6 June 1997 of the Executive Penal Code, introducing only judicial penitentiary supervision and removing it from the scope of prosecutors’ powers.

Statistical Analysis on Dowry Cases in India

It has been seen from the last decade that the misuse of un-exempted provisions of dowry law been increasing and in result the other party is facing the world with great loss. A long delayed case of dowry has been pending in district courts just due to clashes of hard provisions of law and lack of evidences. Even just after the complaint a woman can claim and complaint of other additional things as a right of wife like maintenance which leads to makeable financial burden on man irrespective of his financial and social position. Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. Section 498A of Indian Penal Code is a provision under which a husband, his parents, and relatives can be booked for subjecting a woman to cruelty to meet their unlawful demands (dowry). Generally, the husband, his parents, and relatives are immediately arrested without sufficient investigation and put behind bars on non-bailable terms. The NCRB’s ‘Crime in India’ report categorizes crimes various heads of the IPC. If one looks at the respective conviction rates of all the categories, cases registered under Sec 498-A (Cruelty by Husband & Relatives) have one of the lowest conviction rates. In 9 out of these 10 years, the conviction rate of Sec 498-A cases was in the bottom three. This study concentrates on the effects of misuse of dowry law on man which has always been neglected. In India the trial courts are just filling their duty by giving dates of hearing and due to this delay the husband and his family members are paying which deteriorates their life without any fault. This research aims to count the loss of man and his family on monitory and social term specially the cases pending long before the trial courts.

Considerações Sobre a Causalidade e a Imputação Objetiva no Direito Penal Brasileiro

The article deals with the main theories of causality, as well as the emergence and affirmation of the Objective Imputation Theory proposed by Claus Roxin. In order to answer questions about when an action can be considered a cause of an outcome and when it can be imputed to a person, Criminal Law and other branches of knowledge have formulated several explanatory theories. However, even after elaborating several theoretical conceptions, the conclusion on how to explain the causal and normative nexus of conduct relevant to criminal law has not yet been reached. Given this, the objective is, through a bibliographic search with the inductive method, to analyze which was the theory accepted by the Brazilian Penal Code and to determine if it requires the causal and normative nexus. The result is that the material criminal law incorporated the theory of the condition, in addition to requiring objective imputation to consider a person as the perpetrator of a crime.

Prohibition to approach a certain distance and / or to certain persons, to be in a certain place as a measure of a criminal nature (on the example of the Penal Code of the Republic of Poland)

The article analyzes the provisions of the Polish Penal Code in terms of establishing a ban on being in certain environments or places, contact with certain people, approaching certain persons or leaving a special place of residence without the consent of the court, as a kind of criminal measure. Sais about prohibitions to hold a specific position, engage in a certain profession or carry out certain types of economic activity. In the Polish Penal Code, the analyzed prohibitions apply to the perpetrator in the case of an intentional crime combined with violence, and are binding from the entry into force of the court decision in the criminal case. It is known that in Ukraine there are special measures to combat domestic violence in the form of an urgent injunction against the offender and a restrictive injunction against the offender. In its legal positions, the Supreme Court revealed the essence (legal nature) of the restrictive order as a temporary measure of restraint, which is not a measure of punishment for a person. The Supreme Court also justified the legitimacy of the restraining order in the form of a temporary prohibition on the offender to stay and approach real estate, even if he is its co-owner, because he committed domestic violence against relatives. Measures in the restrictive order in relation to the offender are taken to decide on the qualification of his actions and the decision on him in criminal proceedings. However, the danger of continuing or re-committing domestic violence, the occurrence of serious consequences for the victim remains after the case in court. Therefore, prohibitions to approach the victim at a certain distance, to be in a place of residence should not lose their force and relevance, and in turn, begin to play a preventive role as a measure of criminal law. The author proved the importance of expanding the list of «other measures of a criminal nature» by including a ban on approaching a certain distance and / or to certain persons, a ban on being in a certain place in Section XIV of the General Part of the Criminal Code of Ukraine.