Theoretical and practical considerations regarding the illegal access to a computer system in the Romanian Criminal Law

The article analyzes the legal framework for regulating the crime of illegal access to a computer system in the Romanian legal system, with a brief foray into the history of criminalization of unauthorized access to a computer system, continues with the indication of the normative text in force, after which it describes the structure and legal content of the crime, with specific references to recent relevant criminal jurisprudence.

Preventing the Forcibly Displaced from Returning as Persecution and Inhumane Act under International Criminal Law and the Rome Statute

Preventing the forcibly displaced from returning to the territory from which they were unlawfully expelled has not received adequate attention under international criminal law. This article addresses this gap by focusing on denial of return as a crime against humanity. It evaluates international criminal jurisprudence including the proceedings concerning the Rohingya and evolving human rights standards to show that prevention from returning is a serious and continuing denial of fundamental human rights which inflicts great suffering. As such, it may qualify as persecution and/or an inhumane act under the Rome Statute. The ramifications of this on the temporal and territorial jurisdiction of the International Criminal Court and the principle of legality are important especially in situations of protracted displacement. The article demonstrates that although criminalisation of denial of return is not a panacea, it is instrumental in tackling forced displacement which affects millions across the world.

Fair Opportunity and Responsibility

Fair Opportunity and Responsibility lies at the intersection of moral psychology and criminal jurisprudence and analyzes responsibility and its relations to desert, culpability, excuse, blame, and punishment. It links responsibility with the reactive attitudes but makes the justification of the reactive attitudes depend on a response-independent conception of responsibility. Responsibility and excuse are inversely related; an agent is responsible for misconduct if and only if it is not excused. Consequently, we can study responsibility by understanding excuses. We excuse misconduct when an agent’s capacities or opportunities are significantly impaired, because these capacities and opportunities are essential if agents are to have a fair opportunity to avoid wrongdoing. This conception of excuse tells us that responsibility itself consists in agents having suitable cognitive and volitional capacities—normative competence—and a fair opportunity to exercise these capacities free from undue interference—situational control. Because our reactive attitudes and practices presuppose the fair opportunity conception of responsibility, this supports a predominantly retributive conception of blame and punishment that treats culpable wrongdoing as the desert basis of blame and punishment. We can then apply the fair opportunity framework to assessing responsibility and excuse in circumstances of structural injustice, situational influences in ordinary circumstances and in wartime, insanity and psychopathy, immaturity, addiction, and crimes of passion. Though fair opportunity has important implications for each issue, treating them together allows us to explore common themes and appreciate the need to take partial responsibility and excuse seriously in our practices of blame and punishment.

Outcome Effects, Moral Luck and the Hindsight Bias

In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven asymmetry across perceived probabilities constitutes a systematic cognitive distortion. We then explore three distinct strategies to alleviate the hindsight bias and its downstream effects on mens rea and culpability ascriptions. Not all are successful, but at least some prove promising. They should, we argue, be taken into consideration in criminal jurisprudence, where distortions due to the hindsight bias are likely considerable and deeply disconcerting.

TINDAK PIDANA EKONOMI DALAM FIKIH PIDANA ISLAM

This article aims to answer the economic criminal sanctions in Islamic criminal jurisprudence. Islamic law has regulated criminal acts that are clear and described in the field of jinayah. However, it is necessary to specifically classify economic criminal sanctions. This research uses literature research with content analysis techniques in examining the development of economic crimes in Islamic criminal jurisprudence. The results showed that the arrangement of the fingers was clearly regulated through texts which were called hudud and outside texts which were categorized as ta'zir. This classification is based on whether there are sanctions provisions in the text. Economic crimes in fiqh jinayah are grouped: economic crimes in the hudud category, namely sariqah or robbery, and hirabah or robbery. Second, ta'zir economic crimes, namely corruption, money laundering, smuggling, counter­feiting, fraud, and environmental pollution, the sanctions are given to the level of benefit and ulil amri.

Toward the Special Computer Law of Targeting

One of the implications of fully autonomous weapons systems (AWS) as an independent decision maker in the targeting process is that a human-centered paradigm should never be taken for granted. Indeed, they could allow a law of armed conflict (LOAC) debate immune from that paradigm all the more so because the underlying “principle of human dignity” has failed to offer convincing reasons for its propriety in international legal discourse. Furthermore, the history of LOAC tells us that the existing human-centered approach to the proportionality test—the commander-centric approach—is, albeit strongly supported and developed by states and international criminal jurisprudence, particularly since the end of the Second World War, nothing more than a product of the time. So long as fully AWS exhibit the potential for better contribution to the LOAC goals to protect the victims of armed conflict than human soldiers, one could thus seek an alternative computer-centered approach to the law of targeting—a subset of LOAC—tailored to the defining characteristics of fully AWS in a manner to maximize their potential as well as to make the law more responsive to the needs of ever-changing battlespaces. With this in mind, this chapter aims to relativize the absoluteness of the existing human-centered approach to the proportionality test—which is not to deny the role of humans in the overall regulations of fully AWS whatsoever—and then, away from that approach, to propose an alternative one dedicated to fully AWS for their better regulation in response to the demands of changing times.

Hidden Constructs of Sexual Victimization of Men and Boys in Armed Conflict: Prosecutorial and Jurisdictional Trajectories of the International Criminal Courts and Tribunals

During armed conflict, sexual violence against women regularly takes on different forms than against the male gender. Frequently, men and boys are attacked either by coercion to witness sexual violence committed against their family and community members, or to rape and sexually assault others. The shared feature of both forms of such victimization is that they rarely constitute an attack on the individual alone. Instead, they are utilized by perpetrators as a war tactic to debase entire communities. Protection for male victims of these forms of sexual violence is limited due to a disconnect between formal statutory provisions under International Criminal Law (ICL) criminalizing sexual violence and the jurisprudential interpretation thereof. The jurisprudence of the international criminal courts and tribunals has been widely criticized in academic literature for misclassifying sexual harm against men and accommodating it incoherently under various provisions other than the explicit sexual violence norms. The prosecutorial and jurisprudential dichotomy partly originates in the lack of clarity surrounding these selected forms of sexual violence. In light of their devastating impact on men and boys, this article aims to map the inconsistencies within and between selected international criminal courts and tribunals and prompts to rethink current international criminal jurisprudence to coherently address and condemn such forms of sexual violence.

Punishment for Crimes: An instrument of Social Change

Abstra The research proposal titled as “Punishment for Crimes : An instrument of Social Change” is a topic of essence keeping in view the present scenario and administration of justice which by now is dominated by deterrent and reformatory theories and on occasions with the undercurrent of retribution and/or prevention. However while awarding the punishments, courts in India have evolved the principle of proportionality which is emerging as a trend in criminal jurisprudence. There are punishments which have been awarded in the past but with the passage of time and emergence of modern civilization have gone into oblivion. The punishments were extermination, public rebuke, lashing though considered to be punitive in nature. But there can be punishments which do not cause any bodily pain to an accused or affect his freedom of movement but to a limited extend like extermination, admonishing and restoration of wrong by compensation or otherwise. The topic has its objective by entering into punishments other than those prescribed in the codes. The reformations and rehabilitations have already assumed the space in criminology but still are considered to be so effective keeping view the increasing crime rate in the referred target group. The research proposal will deal through doctrinal methodology based on primary and secondary source of data. After analysis of one data it will be corroborated with the other for arriving at certainty. For the research proposal, the emerging questions which strikes the mind and on the premise of which the topic is will be dealt are: i) whether the existing punitive punishments have resulted in prevention of the crime, ii) Do the reformation and rehabilitation yield desired results in the context of objectives framed in respective legislations, iii) Can there be non-punitive punishments beyond reformation or rehabilitation, iv) To what extend such punishments can be effective for maintenance of social order and decency v) Whether the non-corporal punishment in earlier statutes need to be brought back as part of administering criminal justice in India. Towards the aforesaid, there is a need for rethinking vis a vis to administration of criminal justice. Accordingly matter will be dealt by understanding the theories of punishments and existing punishments under Indian laws, from criminology and victimology point of view also.

AN APPRAISAL OF THE PRINCIPLE OF RESTORATIVE JUSTICE IN THE NIGERAIN CRIMINAL JUSTICE SYSTEM

This paper examined the criminal justice system of Nigeria by essentially highlighting the gaps and the resultant effects of a criminal jurisprudence that was pivoted on the retributive criminal justice system only. The work conceptually analyzed the principle of restorative justice and appraised the provisions for the principle of restorative justice in the Administration of Criminal Justice Act of 2015. The paradigm shift from retributive to restoration justice as provided by the Administration of Criminal Justice Act of 2015 and the laudable consequences arising therefrom was underscored. To achieve the set goals the paper discussed the Nigerian Criminal Justice System, Restorative Justice in Perspective, the Innovative Provisions of the ACJA 2015 on Restorative Justice and New Direction for Criminal Justice in Nigeria. It concluded with a call on other States of the Federation to emulate the Federal Government in re-couching their criminal justice system on the principle of restorative justice.