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Academic literature on the topic 'Chapters title in penal code'

Author: Grafiati

Published: 24 April 2022

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Journal articles on the topic "Chapters title in penal code"

1

Piosik, Łukasz. "Postulat usunięcia terminu obyczajność z Kodeksu karnego." Poznańskie Studia Polonistyczne. Seria Językoznawcza 28, no. 1 (2021): 123–42. http://dx.doi.org/10.14746/pspsj.2021.28.1.9.

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In my article, I formulate and describe the demand to remove the term obyczajność (propriety) from the Penal Code. In the course of the analysis, I will attempt to prove that its presence in the Act is an example of cultivating a terminological tradition that dates back to the partitions period and was started for a reason that is currently outdated – the general language was insufficient to describe sexual crimes. I also show that due to the discrepancy between the general and legal language, the use of the term obyczajność may mislead a non-professional interpreter of a legal text. The text concludes with a more precise description of the titular demand, i.e. a proposal to change the title of Chapter 25 of the Penal Code.

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2

Деркач, Я. В. "HISTORICAL AND LEGAL OUTLINE OF DEVELOPMENT OF LEGISLATION ON CRIMINAL LIABILITY FOR ESCAPE FROM A SPECIALIZED TREATMENT INSTITUTION." Juridical science, no. 3(105) (March 30, 2020): 37–45. http://dx.doi.org/10.32844/2222-5374-2020-105-3.05.

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Without going into a discussion about the periodization of the history of Ukrainian legislation, the author notes that we adhere to the generally accepted position, according to which the history of our country is divided into three general periods. The first period – before the revolution of 1917, the second period – from the revolution of 1917 to the declaration of independence of Ukraine in 1991, the third period – from the declaration of independence of Ukraine in 1991 to the present. In the article, the author conducted a study of the historical and legal development of the legislation on criminal liability for fleeing from a specialized medical institution (from Russkaya Pravda to the Criminal Code of 1903). As a result of the study, the author found that during the reign of «Russkaya Pravda» there are the first mentions of cases of coercion to the mentally ill. Moreover, for a long time Ruska Pravda and customary law operated in the Ukrainian territories as the main sources of regulation of legal relations. The third Chapter of the Code of Criminal and Correctional Punishment of 1845 reflected the question «On the imposition of punishment for crimes» In Art. 98 the legislator provides a list of reasons for which the act should not be at fault. In Art. 101 of the Criminal and Correctional Penal Code of 1845 provided for the imprisonment of patients with mental disorders in the building for the insane. Thus, in the Criminal and Correctional Penal Code of 1845 there were two types of mentally ill persons: from birth and acquired in the process of life. Persons who committed violent crimes and were found to be mentally ill were sent to special homes for the insane for detention and treatment. Exit from which was prohibited until the decision of senior management. There was no criminal liability for fleeing from such houses. Thus, the Criminal and Correctional Penal Code of 1845 can be considered the first criminal law, which provided for the forced removal of sick people from society in special homes for the insane. In 1903, during the reign of Russian Emperor Nicholas II (Romanov), a new collection of criminal law was approved under the title «Criminal Code» of March 22. In the Criminal Code of March 22, 1903, the provisions contained in the Criminal and Correctional Penal Code of 1845 were revised. Rape has been added to the list of criminal acts for which the mentally ill are sent for involuntary treatment.

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Ştefănoaia, Mihai. "Modern-Day Slavery – Human Trafficking In The 21st Century." International conference KNOWLEDGE-BASED ORGANIZATION 21, no. 2 (2015): 505–11. http://dx.doi.org/10.1515/kbo-2015-0086.

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Abstract Human trafficking represents an extremely serious social phenomenon, which brings serious prejudices to the fundamental rights of men. Human trafficking (infringement that is regulated and incriminated by the current Penal Code in the Special Part, Title I – Infringements against the person, Chapter VII – The trafficking and the exploitation of the vulnerable persons, article 210) represents one of the modern forms of slavery, together with work exploitation and the traffic of organs. Due to the abolishing of slavery and the incrimination of its practices, this form of human denigration has continued to exist against all forms of rebutment. This situation may be explained through the theories mentioned. Still, one of the reasons for which slavery has resisted until nowadays is because it has changed its form, adapting to the new social and political requirements. As a result, the three forms of modern slavery have appeared, among which human trafficking.

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4

Miranda, Luiz Henrique. "A falibilidade da saúde pública sob a égide de um conceito restritivo de bem jurídico coletivo." Revista do Instituto de Ciências Penais 6, no. 1 (2020): 37–68. http://dx.doi.org/10.46274/1809-192xricp2020v6p37-68.

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The purpose of this article is to analyze the fallibility of “public health”, elected as the legal interest to be protected by the criminal rules contained in Title VIII, Chapter III of the Penal Code and in Law no. 11.343 / 06, in view of a restrictive and guarantor concept of collective legal interest.The methodology used was bibliographic, consisting of books and scientific articles, and documentary resear- ch, through analysis of research reports. It is intended, through this, to restrict the concept of supra-individual legal interest, adopting Hassemer’s personalist theory, added by objective requirements for- mulated by Hefendehl, which aims to limit the arbitrariness of the criminal legislator in the creation of new criminal types under the guidance of protection of false collective legal assets.The additional requirements used are: non-exclusive use, non-rivalry of consump- tion and conceptual, factual or legal non-distributivity. Finally, it is believed that, by applying a critical concept of legal interest, it is possible to reach the conclusion that only individually verified health constitutes a legitimate legal interest, therefore, Public Health is a false collective legal interest.

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5

Woiński, Mateusz. "Ramy odpowiedzialności dyscyplinarnej studenta." Studia Iuridica, no. 84 (December 15, 2020): 23–39. http://dx.doi.org/10.31338/2544-3135.si.2020-84.2.

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The main aim of the paper is to discuss legal frames of disciplinary liability of students under the Higher Education and Science Act of 20 July 2018. Assuming that disciplinary liability constitutes a type of sensu largo penal liability, the stress is put on the shortcomings of current regulations in terms of the limits of this kind of legal responsibility. Since the definition of ‘disciplinary misconduct’ is partial, the author concentrates on whether the provision requiring disciplinary bodies to apply – mutatis mutandis – the provisions of the Code of Criminal Procedure in matters not governed by the Higher Education and Science Act, enables (or even obliges respective authorities) to apply provisions contained in chapters I-III of Criminal Code.

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6

Skakov, A. B. "NEW PROVISIONS IMPLEMENTED IN CRIMINAL POLICY PURSUED BY THE REPUBLIC OF KAZAKHSTAN." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2021, no. 1 (2021): 42–52. http://dx.doi.org/10.32755/sjcriminal.2021.01.042.

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The article is devoted to modern approaches and the formation of author’s proposals regarding new provisions implemented in the criminal policy pursued by the Republic of Kazakhstan. It is noted that the criminal policy has three components: criminal, criminally-remedial and penal policies. It is possible and necessary to determine the degree of effectiveness of the implemented criminal policy only on the basis of the results of all its components and the development of modern preventive measures in order to prevent crime. The analysis of the criminal, criminally-remedial and penal legislation of the Republic of Kazakhstan in the field of types of punishment, their appointment and execution is carried out. In order to maintain further progressive development of the country, the strategy of further reduction of the «prison population» with the help of widespread use of punishments alternative to imprisonment, the development of a system of social adaptation and rehabilitation of persons caught in the sphere of criminal proceedings, is supported. In order to improve the penal legislation of the Republic of Kazakhstan, it is proposed to develop a new draft of a bill «On the Execution of Sentences and the Probation Service». One bill should regulate the types of punishments (from fines to imprisonment and the death penalty), the types of penal bodies and institutions included in the penal (penitentiary) system, the procedure of executing (serving) all types of criminal punishment, as well as social adaptation and rehabilitation of persons who find themselves in the field of criminal proceedings, etc. A new title of the draft of a bill is also proposed. It is «The Law of the Republic of Kazakhstan «On the Execution of Sentences and the Probation Service»». The title of the draft of the Criminal Penal Code proposed by us most fully reveals the legal essence of the new normative legal act. The implementation of the new laws specified in the Criminal Penal Code of the Republic of Kazakhstan urgently requires to create an independent state body – the Agency for the Execution of Punishments and the Probation Service. Key words: humanization of criminal policy; criminal, criminally-remedial and penal policy; penal (penitentiary) system; punishments alternative to imprisonment; social adaptation and rehabilitation of persons who find themselves in the field of criminal proceedings.

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7

Ariyad, Fikri, and Ali Masyhar. "Abortion by Rape Victim: A Dilemma in the Drat of Penal Code and Indonesian Health Law." Journal of Law and Legal Reform 1, no. 4 (2020): 631–40. http://dx.doi.org/10.15294/jllr.v1i4.39659.

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In this present time, the debate about abortion in Indonesia is increasingly crowded. Abortion is also carried out by women - victims of rape to reduce the burden they suffered. The regulation on abortion in Indonesia has been regulated in the statutory regulations, namely the Criminal Code, especially in Article 346, Article 347, Article 348, and Article 349. In the RKUHP (Draft of Criminal Code), abortion regulation is regulated in two chapters namely, Chapter XIV Article 501 and Chapter XIX Articles 589, 590, 591, 592. In addition, the government has also issued several regulations governing abortion such as Government Regulation No. 61 of 2014 concerning Reproductive Health and also Law No. 36 of 2009 concerning health. However, the various regulations that exist between the Criminal Code, RKUHP, PP and the Act actually contradict to each other. There is no synchronization between the regulations regarding abortion by women rape victims. The KUHP and RKUHP clearly do not allow abortion in Indonesia and do not legalize it without any exception, including abortion carried out by women victims of rape. Whereas in Law Number 36 of 2009 concerning health, abortion can be carried out on an indication of medical emergencies and pregnancy due to rape that causes psychological trauma, so abortionists cannot be prosecuted as criminal.

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8

Kalinowska, Danuta. "Film fabularny jako przestrzeń edukacyjna w profilaktyce przemocy w rodzinie adresowanej do uczniów szkół średnich, realizowanej przez Komendę Powiatową Policji w Garwolinie." Kultura-Społeczeństwo-Edukacja 20, no. 2 (2021): 317–27. http://dx.doi.org/10.14746/kse.2021.20.20.

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The aim of the presentation is to present preventive measures and preventive measures being taken by the Polish Police in the area of domestic violence, using the feature films e.g. Pręgi and Plac Zbawicela. In this article, the following issues will be shown: existence of domestic violence with its psychological, emotional, social and religious determinants and long-term consequences for the victim as well. It is also appropriate to discuss socio-psychological context of violence. Firstly, we will show the sustainability of pathological conditions of the situations. Secondly, we will consider reasons for lack of defence activities. At the very end we will present negation attitudes and behaviour of the offender and the factors causing enslavement of the victims (affection and dependency in terms of social functioning in family, marriage or in concubinage). In order to present the whole problem included in the title of this presentation, we ought to point the regulations and the legal basis for all actions that have to eliminate this phenomenon (the Constitution, the Universal Declaration of Human Rights, the Criminal Code, the Law on prevention of domestic violence, the procedure NK). The practical part of the discussed issues will be the analysis of specific forms of violence: threats punishable with art.190 of the Penal Code, stalking with art. 190a of the Penal Code, coercion with art.191 of the Penal Code, domestic violence with art. 207 of the Penal Code, pimping of art. 204 of the Penal Code, paedophilia and pornography presenting people with Article minors. 200 of the Penal Code, the Penal Code 200a, 200b of the Penal Code, trafficking in human beings (so called – Abdomen for rent) and human organs; trafficking for prostitution. Another issue there will be linguistic and rhetorical analysis of prophylactic actions regarding to its stylistics e.g. an visual imagery, comparisons and a paraphrase. As far as working tools are concerned, it should be stressed that beyond the previously parsed spoken word, it is reasonable to discuss the role of the merits of a multimedia presentation, as also to analyze and highlight the role of the feature film. It is worth stating that films graphically and emotionally relate to the presented issues using the depicted history and the ensuing timeless content. What is more, they help to enhance the acquisition and consolidation of the meeting’s theme and they enable to sensitize on identical pathological phenomena that occur in the real environment of each of the participants. The last but not least is the fact that films encourage to protect themselves and others and they teach how to maximize the effectiveness of preventive actions. At the very end, there is a place for the conclusions that follow our analysis of forms and methods of work in crime prevention in domestic violence. First of all, they will give opportunities for a better impact on the recipient as well as they will help to improve further action in this regard.

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9

Novikov, Valyeriy. "Debatable Aspects of Determining Boundaries of Specific Object of Crimes Stipulated by Chapter 19 of the Criminal Code of the Russian Federation." Journal of Russian Law 4, no. 4 (2016): 0. http://dx.doi.org/10.12737/18693.

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This article discusses issues of the boundaries of specific object of crimes stipulated by Chapter 19 of the Criminal Code of the Russian Federation. The author draws attention to the fact that the title of this chapter of the Criminal Code of the Russian Federation: “Crimes against the Constitutional Rights and Freedoms of Individuals and Citizens” does not accurately reflect its content. A number of crimes that infringe on the constitutional rights and freedoms are described in other chapters and even sections of the Criminal Code of the Russian Federation. At the same time corpus delicti in art. 138.1 of the Criminal Code of the Russian Federation, unreasonably included in Chapter 19 of the Criminal Code of the Russian Federation as the main direct object of this crime, is not related to the specific object — social relationships that ensure the implementation of constitutional rights and freedoms. In this connection the author proposes to change the title of this Chapter of the Criminal Code of the Russian Federation using the citation method for groups of constitutional rights and freedoms of an individual and citizen, which are actually protected by articles of this Chapter and to move the legal rule of responsibility for trafficking in special technical devices intended for secret obtaining of information, to Chapter 29 of the Criminal Code of the Russian Federation.

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10

Prakoso, Andria Luhur, and Kuswardani. "Sexual Violence in The Framework of Criminal Law (Comparative Study Of Laws Against Rape)." SALASIKA: Indonesian Journal of Gender, Women, Child, and Social Inclusion's Studies 1, no. 1 (2018): 39–52. http://dx.doi.org/10.36625/sj.v1i1.5.

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Crime or violence directed against women is distinct from crime in general. The characteristics of the crime include women victims, their acts against women's rights, and causing harm in the form of physical, psychological, and/or sexual. A year after Indonesia’s independence, this crime against women was regulated along with other crimes in the Criminal Code (Penal Code) through Act No. 1946. 1 on the Rule of Criminal Law, but not by using a special title with a woman's name. Accordingly, the Criminal Code, which according to history is a Dutch colonial heritage, needs to be reformed to become a better Criminal Code. This paper tries to explain the regulation of violence against women in the form of criminal acts of rape in various countries namely Malaysia, India and the Netherlands. This study is normative legal research with a comparative approach. The author will compare the substance of criminal law in the three Criminal Codes. In doing the comparison, the author focuses on the object of criminal law review, especially on the side of the act and penal sanctions. Based on the study descriptions of several foreign Criminal Codes (Malaysia, India, and the Netherlands), there are several different things in the rape arrangements in the Criminal Codes. The difference is that in Malaysia and India, the Criminal Code does not distinguish between rape (rape) and Cabul (lewd). Only the arrangement is formulated with intercourse with consent. The types of rape in India and Malaysia are more varied than the Dutch, both in terms of the act, the aspect of the perpetrator and the victim aspect. Nevertheless, the Indonesian Criminal Code is simpler than the Dutch Criminal Code. Malaysian Criminal Code has the most serious penal sanction compared to the other foreign countries (India and the Netherland) and Indonesia. The study of these three different laws in these three countries can open our eyes to reformulate the rape which is more extensively formulated from the aspects of the actions and aspects of the victims with reference from the foreign Criminal Code, and this simple study can be an input of legal material to be processed in accordance with the Nation's values Indonesia.

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Books on the topic "Chapters title in penal code"

1

Connecticut. Connecticut criminal laws: Including Title 53-Crimes, Title 53a-Penal code, Title 54-Criminal procedure, and Title 21a, chapter 420b-Dependency producing drugs. Gould Publications, 1987.

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Louisiana. State of Louisiana corporation laws: Amended through 1996 includes R.S. Title 12, chapters 1 through 4, 8 through 22, R.S. Title 3, chapters 2 and 3, Civil Code Title XI, R.S. Title 9, Code Book III, Code Title XI, R.S. Title 51, chapters 1, 7, 39, and 39-B. W. Fox McKeithen, Secretary of State, 1996.

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Louisiana. State of Louisiana corporation laws: As amended through the 2008 regular session : includes R.S. Title 12, chapters 1-5 & 8-25, R.S. Title 3, chapters 1-3, Civil Code Title XI, R.S. Title 9, chapters 1-4; R.S. Title 45, chapter 10A, and R.S. Title 51, chapters 1 & 7. Jay Dardenne, Secretary of State, 2008.

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Louisiana. State of Louisiana corporation laws: Amended through the 2006 regular session includes R.S. Title 12, chapters 1-4, 8-24, R.S. Title 3, chapters 2 & 3, Civil Code Title XI, R.S. Title 9, Chapter 1-4; R.S. Title 51, chapters 1 & 7. Secretary of State, 2006.

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Louisiana. State of Louisiana corporation laws: Amended through the 2003 regular session includes R.S. Title 12, chapters 1-4, 8-24, R.S. Title 3, chapters 2 & 3, Civil Code Title XI, R.S. Title 9, Chapter 1-4; R.S. Title 51, chapters 1 & 7. W. Fox McKeithen, Secretary of State, 2003.

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Nebraska. State Department of Education. Nebraska Department of Education personnel rules: Title 93, Nebraska Administrative Code, Chapters 1-16. Nebraska Dept. of Education, 2003.

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Nebraska. State Dept. of Education. Nebraska Department of Education personnel rules: Title 93, Nebraska Administrative Code, Chapters 1-16. Nebraska Dept. of Education, 2005.

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Nebraska. State Dept. of Education. Nebraska Department of Education personnel rules: Title 93, Nebraska Administrative Code, Chapters 1-16. Nebraska Dept. of Education, 2003.

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Hampshire, New. New Hampshire Criminal Code: R.S.A. title LXII, chapters 625-651-A, as amended through July 1985. The Corporation, 1985.

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California. Dept. of Forestry and Fire Protection. California forest practice rules: Title 14, California code of regulations, chapters 4 and 4.5 with the Z'Berg Nejedley Forest Practice Act. The Dept., 1997.

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Book chapters on the topic "Chapters title in penal code"

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"Chapters within Title 19 of the U.S. Code Customs Duties." In Telecommunications Law in the Internet Age. Elsevier, 2002. http://dx.doi.org/10.1016/b978-155860546-6/50039-9.

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Longo, Shawna. "How Can I Integrate STEM with Music?" In Integrating STEM with Music. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197546772.003.0004.

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This chapter demonstrates each of the sixteen components used in creating an instructional plan for a lesson that integrates STEM with Music. Each component is placed and developed in a particular way to achieve efficiency in the reading and executing of the overall instructional plan. These components consist of Lesson Title, Duration, Lesson Description, Listing Integration of Contents, Cognitive Demand Using Bloom’s Taxonomy, Gardner’s Multiple Intelligences, 21st-Century Skills, Content Standards and Arts Standards: Assessed vs. Addressed, Key Vocabulary, Arts Concepts Based on the National Core Arts Standards, Materials, Essential Questions, Lesson Sequence and Corresponding Assessments, Summary Activity, Extension Activity, and Adaptations for Grade-Level Bands (K–2, 3–5, 6–8, 9–12). All foundational information and concepts presented in previous chapters are illustrated in the presentation of a sample lesson, Wearable Circuits for Piano Performance: Sustain Pedal.

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Di Gennaro, Giacomo. "Juvenile Delinquency between Probation and Criminal Careers." In Criminology and Post-mortem Studies - Analyzing Criminal Behaviour and Making Medical Decisions [Working Title]. IntechOpen, 2020. http://dx.doi.org/10.5772/intechopen.94339.

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The focus of the criminological research is on probation and diversion measures applied in metropolitan judicial districts where juvenile deviance and criminal careers are frequent. Presidential Decree 448/1988 measures application in Naples judicial discrict reflects the “juvenile probation “ in juvenile ligislation, the problems of the local and urban organized crime context and the lack of penal welfare. The sources of analysis are an experimental sample of minors holders of the probation measure from Juvenile Court’s files, three other control sample holding diversion or conviction, the examination of the recidivism rate and criminal relaspe. Both database of the General Criminal Records and the Department of Prison Administration were consulted to monitor further sub-objectives and measures the recidivism rates. The results of the research highlight the risk assessment linked to the path of deviance according to the performance of the child recovery activities implemented by the host and penal communities. Evaluations acquires even more importance if observed after the entry into force of the Law of 28 April 2014 no. 67 introducing in the criminal code and criminal procedure, both the suspension of the trial and the provisions on non-punishment for particular tenuity of the fact (Legislative Decree 16 March 2015 n. 28).

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