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Journal articles on the topic 'Crimina law'

Author: Grafiati

Published: 4 June 2021

Last updated: 3 February 2022

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1

Jerouschek, Günter. "VI. „Ne crimina remaneant impunita“." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 89, no. 1 (August 1, 2003): 323–37. http://dx.doi.org/10.7767/zrgka.2003.89.1.323.

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2

Giltaij, J. "The problem of the content of the lex Iulia iudiciorum publicorum." Tijdschrift voor Rechtsgeschiedenis 81, no. 3-4 (April 9, 2013): 507–25. http://dx.doi.org/10.1163/15718190-08134p07.

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The lex Iulia iudiciorum publicorum (‘Julian law regarding public criminal trials’) was enacted during the reign of Augustus. It is generally assumed the lex purely pertained to procedural aspects of the quaestio-trial. But did the lex Iulia iudiciorum publicorum only entail provisions valid for the public criminal procedure, or did the law state provisions relevant for specific crimina separately? Through reassessing various Roman legal texts in which the lex Iulia iudiciorum publicorum is mentioned and comparing these with the epigraphical evidence, it becomes apparent the lex Iulia iudiciorum publicorum probably contained a specific arrangement to determine which public criminal lex was to be applied to which situation.

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3

Dewi, Priastami Anggun Puspita. "Proving The Insanity Defense in The Enforcement of Criminal Law in Indonesia." Jurnal Dinamika Hukum 19, no. 3 (October 20, 2020): 670. http://dx.doi.org/10.20884/1.jdh.2019.19.3.2739.

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Criminal liability is a manifestation of the perpetrator for his or her crime. Article 44 (1) of the Indonesian Criminal Code (KUHP) explains that the insanity defense may release a perpetrator from conviction. For this research, the utilized research method was normative legal research, by which legal regulations are examined and the results neither reject nor accept a hypothesis, but give prescriptions for what should be proposed. The results of this research showed that first, insanity defense can release a criminal offender from conviction. This is because the perpetrator is unable to consciously understand that his or her actions are against the law, and that person cannot be held with criminal liability. Second, the construction of a verdict to declare whether or not a person qualifies for the insanity defense must be made in advance of his or her psychological condition, to decide if it is appropriate for the perpetrator to be convicted.Keywords: Proving; Insanity Defense; Enforcment of Crimina Law.

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4

Amielańczyk, Krzysztof. ""Peculatus" – Several Remarks on the Classification of the Offence of Embezzlement of Public Funds in Roman Law." Studia Ceranea 2 (December 30, 2012): 11–25. http://dx.doi.org/10.18778/2084-140x.02.02.

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The offence of embezzlement of public funds – peculatus – is an interesting research subject due to the Roman legislator’s original approach to the issue of the classification of types of criminal offences (crimina). The paper aims to present Roman regulations concerning peculatus from the perspective of the methods of classifying its features as adopted by the compilers, taking into account both the normative contents of original laws (created by the original authors of these laws), as well as those added by later legislative factors: emperors, the senate and jurisprudence. The study of the Julian law on embezzlement of public funds may be conducted following the Justinian’s title Ad legem Iuliam peculatus et de sacrilegis et de residuis (Dig., 48, 13). Peculatus was the basic type of the offence of embezzlement of public funds. In the time of Augustus, two separate types of the offence isolated from peculatus, which were sacrilegium (probably within one law - lex Iulia peculatus) and embezzlement of a specific kind of money, i.e. pecunia residua (probably within a separate law - lex Iulia de residuis). Despite being quite precisely defined by the law, the type of the offence of embezzlement of public funds must have raised doubts when it came to applying the law, in cases where the act the offender was charged with came close to theft (crimen furti) or forgery (crimen falsi).

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5

Garofalo, Luigi. "POJĘCIA I ŻYWOTNOŚĆ RZYMSKIEGO PRAWA KARNEGO." Zeszyty Prawnicze 3, no. 1 (March 29, 2017): 7. http://dx.doi.org/10.21697/zp.2003.3.1.01.

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THE NOTIONS AND VITALITY OF THE ROMAN CRIMINAL LAWSummary In the recent studies one tends to revaluate the influence of the Roman criminal law on the later penal doctrine, as well as the achievements of the Roman criminal law itself, rejecting the previous theories presenting it as significantly inferior. It is noticed in this study that the medieval jurists idolized the Roman law, adopted it to the new circumstances, and obviously made mistakes interpreting it. And thus the influence of the Roman jurisprudence on the penal doctrine of the ius commune Europe was thoroughly substantial. Notwithstanding the popular opinion also many of the Enlightenment jurists (as, for instance, Gaetano Filangieri and Francesco Mario Pagano) not only knew but also benefited from the Roman criminal law legacy. The doctrine of crime of the successive period was less inspired by the Roman criminal law, which however did not totally lose its significance. It still had some indirect influence, as the nineteenth century codifiers did not stop using the notions of criminal law shaped-up by the mediaeval jurists overwhelmingly impressed by the Roman law.The main part of the study presents a brief overview of the Roman criminal law, especially of the principal rules constituting today the general part of criminal law, principles which could be directly or indirectly found in the experience of the Roman prudentes. It is pointed out that the only Roman lawyer who tried classifying Roman criminal law was Claudius Saturninus (D. 48,19,16). His classification is later discussed in the article as well as some of the crimina (public law crimes), observing that the Romans never separated the Roman criminal law from ius. On this occasion it is underlined that one of the rules often ascribed to the Romans, nullum crimen, nulla poena sine praevia lege poenali, not only was not their own invention but it was clearly contrary to the criminal law practice in their times (the principle itself being probably formulated only by a German lawyer, Feuerbach). The Romans tried describing the subjective and objective element of the crime as well as presenting various defences available to the culprits (e.g., age, necessity, self-defence, mistake, etc).In the last part o f the paper the possible influence of the Roman criminal law constructions on the Middle Ages is pondered over. The often wrong interpretations of the ancient sources led to some embarrassment and paradoxes. This explains Baldus’ famous statement allowing the judge to construe the (Roman) statute according to the principles of the ius commune, which would in turn revive the statute and save it from an inevitable decay. The mediaeval lawyers studied and analysed the figures of deliberate misconduct and unintentional negligence (anyway without further effects in clarifying vague issue o f the subjective element of the crime). Some of the defences, like the most important figure of self-defence, known and elaborated in the Roman law came to the teachings and studies of the doctores in their original shape and significance, sometimes even stimulating further development of the penal doctrine. The mediaeval ius commune jurists adopted Roman considerations applying different responsibility regarding the doer’s age as well as Roman systématisations of the crimes subordinated to various legal principles. And therefore the doctores, following the Roman example, drew a line between public and private crimes, these which were officially prosecuted and those which were brought to court on a basis of a private motion. The jurists distinguished between lay-public and ecclesiastical crimes, between ordinary and peculiar offences, dishonourable and regular wrong-doings. Similarly the mediaeval lawyers took over the Roman considerations about attempt and iter criminis as well as concurrence of crimes and offenders.In conclusion the paper, wishing for a future development of the studies on the subject, summarises that the theoretical solutions and considerations in the Roman criminal law wrought out above by the classical jurisprudence outlived their times and became the source of the doctrinal inspirations in the coming centuries.

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6

Hildebrandt, Mireille. "Justice and Police: Regulatory Offenses and the Criminal Law." New Criminal Law Review 12, no. 1 (January 1, 2009): 43–68. http://dx.doi.org/10.1525/nclr.2009.12.1.43.

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This contribution stems from a workshop on foundational issues in the philosophy of criminal law. This may raise expectations for a discussion of the core business of what is called substantive criminal law: the structure of crime, the concept of intention, complicity and participation, attempt and preparation;acts and omissions; or causation. However, most punitive sanctions——especially fines——concern regulatory offenses that are structured to a much lesser extent by such moral notions as culpability and wrongfulness, while the applicable burden of proof does not even come close to the presumption of innocence in the case of criminal offenses. This raises the questions of how the difference between regulatory and criminal offenses is to be understood and of the extent to which regulatory offenses (should) fall within the scope of the criminal law. The answers to these questions will be derived from an exploration of the historicity of crimes and regulatory offenses, and their relationship to the (modern) state. I will start off with tracing the emergence of contraventions and crimina in the course of the early and late Middle Ages and the subsequent advent of a domain of "police" at the threshold of modernity next to the already existing domain of "justice." After this the strict separation of the domains of "police" (covering Polizeidelikten) and "justice" (covering Verbrechen and Vergehen) in nineteenth-century Germany will be discussed as well as the relationship of both domains to different conceptions of the Rechtsstaat and the ÉÉtat de droit. The main argument will be that understanding the difference between criminal and regulatory offenses in essentialist terms, such as the medieval malum in se and malum prohibitum, does not make sense. Building on a nonessentialist difference I will suggest that differential procedural constraints should be based on pragmatic arguments, which, however, do not equate with utilitarian arguments. In line with philosophical pragmatism the separation of means and end that characterizes utilitarianism is rejected and replaced by a pragmatic approach grounded in the normative position of a constitutional democracy in the sense of an ÉÉtat de droit or a substantive conception of the Rechtsstaat. This implies that the aim of punishing regulatory offenses is to sustain an effective domain of "police" under the rule of law, meaning that the punishment of regulatory offenses will have to be regulated by the same principles that inform the "fair trial." This will allow the state to impose punitive sanctions to prevent and retaliate violations of specific legal norms, while enabling citizens to contest the incriminated violation as well as the lawfulness of the violated legal rule.

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7

Mentxaka, Rosa. "Algunas Consideraciones Sobre Los Crimina, En Particular Contra El Estado, En Las Etimologías De Isodoro (Et. 5,26)." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 64, no. 3 (1996): 397–421. http://dx.doi.org/10.1163/157181996x00300.

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8

Müller, Andreas Th. "Gnade für Kriegsverbrecher und Völkermörder? Zu Berufung und Begrenzung des Völkerstrafrechts." Zeitschrift für öffentliches Recht 75, no. 2 (2020): 395. http://dx.doi.org/10.33196/zoer202002039501.

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9

Бурлаков, Владимир, and Яна Матвеева. "Новые нормы об альтернативах уголовной ответственности и наказанию в уголовном праве России в отношении экономических преступников и больных наркоманией." Всероссийский криминологический журнал 11, no. 1 (2017): 132–45. http://dx.doi.org/10.17150/2500-4255.2017.11(1).132-145.

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10

ĆUJIĆ, MIODRAG. "CRIMINAL ASSOCIATION IN INTERNATIONAL CRIMINAL LAW." Kultura polisa, no. 44 (March 8, 2021): 23–35. http://dx.doi.org/10.51738/kpolisa2021.18.1r.1.02.

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The criminal association was a criminal offense of the Joint Plan and Conspiracy, or a special form of Crime against Peace, which was highlighted as such in the Nuremberg and Tokyo trials. In the recent practice of international criminal courts, this institute is used in a certain way, but its function is often subordinated to political abuses. By labeling certain political regimes as a “criminal association” by the so-called international political elites are provided with a wide margin of maneuver to justify their “humanitarian interventions” which are the consequence of a common criminal goal. From the middle of the 20th century until today, it is possible to identify violations of international law that occurred as a result of the activities of a criminal association, which continues with increased intensity. If the covert activities of real criminal associations continue, the main outcome will not be the achievement of world peace, but hegemony. In order to prevent this tendency, it is necessary to redefine the place of the Criminal Association in international criminal law, to point out the permanent cases of their actions, their subjects and the ways in which these same subjects avoid responsibility.

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11

Popko, V. "THE PRINCIPLES OF THE TRANSNATIONAL CRIMINAL LAW IN THE COURSE OF INTERNATIONAL LAW." Actual Problems of International Relations, no. 136 (2018): 36–47. http://dx.doi.org/10.17721/apmv.2018.136.0.36-47.

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The article highlights systematic aspects of the major principles of transnational criminal law within the framework of international law transformation. The article is dedicated to the examination of the fundamental principles of international law and international criminal law, in particular, which are viewed systematically and in complex and tight connection with the principles of domestic criminal and criminal procedural law. The necessity of legal enshrinement of its principles is noted. The content of the fundamental principles of criminal law is overviewed, in particular, nullum crimen sine lege (No crime without a previous penal law), principle of individual criminal responsibility, principle of non-reference to the official or professional status of a person, prohibition of repetition of punishment for the same crime under international criminal law, execution of judicial power only by courts, equality of persons before the law and the court, local and temporal principles of criminal law (non-application of terms of limitation, territorial principle of criminal law etc.) Special attention is paid to the content of the universal criminal jurisdiction principle concerning transnational crimes, enshrined in the 2000 UN Convention against Transnational Organized Crime. The author comes to the conclusion that the principles of transnational criminal law are coordinated as between themselves and determine the main characteristics of transnational criminal law and directions of criminal policy.

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12

Marsh, Ian, and Gaynor Melville. "The media, criminals and ‘criminal communities’." Criminal Justice Matters 79, no. 1 (March 2010): 8–9. http://dx.doi.org/10.1080/09627250903569874.

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13

Milovic, M., and M. Pusitsa. "Justification of Life imprisonment in Serbian Criminal Law." Lex Russica, no. 5 (May 25, 2021): 134–42. http://dx.doi.org/10.17803/1729-5920.2021.174.5.134-142.

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In Serbia, disputes have been going on for years (which are also the subject of many congresses) about the regulation of the most severe types of punishment. The criminal policy of the country shows a tendency to toughen penalties. By attracting a lot of media attention and putting pressure on state institutions concerning certain tragic events caused by the murder and rape of minors, including children, some members of the public hysterically demand that the state respond with the strictest penalties, even if they no longer exist (the death penalty).In December 1, 2019 The Law on Amendments and Additions to the Criminal Code, which, among other things, prescribes life imprisonment, entered into force. It is assumed that the fact that there is a life sentence for particularly serious crimes, such as murder or crimes against sexual freedom in particularly serious forms, may make criminals think twice before committing them. In addition, proponents of the introduction of such a punishment argue that the fear of life imprisonment can act as a corrective and preventive measure, thereby reducing the proportion of these criminal offenses.The paper provides a critical analysis of this justification for the return of life imprisonment to the criminal law. The arguments against this include: 1) statistics confirm that life imprisonment for possible criminals who have committed particularly serious criminal offenses is not a factor of prevention; 2) general prevention is undermined; 3) the previously existing maximum prison term was not an obstacle, that is, it was not a factor of prevention; 3) innovations would not change the decisions of criminals, although they were in their sound mind at the time of committing criminal offenses, realizing the illegality of these actions; 4) it becomes impossible to carry out the correction and re-socialization of the sentenced person, who knows that he will remain closed outside the social and family environment for the rest of his life; 5) it is also necessary to keep in mind that it is the state that financially maintains such criminals.

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14

Shaykova, Marina V. "PECULIARITIES OF THE INTERNATIONAL LAW STATUS OF JUVENILE DELINQUENTS." International criminal law and international justice 1 (January 14, 2021): 6–10. http://dx.doi.org/10.18572/2071-1190-2021-1-6-10.

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The article examines the criminal procedure status of minors, its difference from the criminal procedure status of adult criminals, analyzes international legal standards of juvenile responsibility, substantiates the characteristics of a minor accused, which should affect the procedural order of criminal proceedings. The author pays special attention to the personality of the minor, as well as the psychological predisposition of juvenile offenders to dependence on psychoactive substances.

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15

Mitsilegas, Valsamis. "European Criminal Law and the Dangerous Citizen." Maastricht Journal of European and Comparative Law 25, no. 6 (December 2018): 733–51. http://dx.doi.org/10.1177/1023263x18821276.

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This article will examine the impact of the Europeanization of punishment, and of criminal justice in general, on the focus of criminal law on dangerousness and on dangerous citizens, rather than on harm and facts. It argues that the EU criminal law is part of a growing global trend pushing towards preventive criminal justice, namely the exercise of state power in order to prevent future acts that are deemed to constitute security threats, which at EU level is problematic in terms of fundamental rights and citizenship rights. The article argues EU criminal law is contributing to three main shifts: a shift from an investigation of acts that have taken place due to an emphasis on suspicion, a shift from targeted action to generalized surveillance, or, underpinning both, a temporal shift from the past to the future. It develops this argument looking at administrative terrorist sanctions, criminalization of terrorist acts, mass surveillance and expulsion of convicted criminals.

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16

Рарог, Алексей. "Уголовная политика и уголовно-правовые амбиции." Всероссийский криминологический журнал 10, no. 3 (2016): 470–79. http://dx.doi.org/10.17150/2500-4255.2016.10(3).470-479.

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17

Shan, X. "Principles Of Law In Modern Criminal Law Of China: Historical And Legal Analysis." Ірпінський юридичний часопис, no. 2(4) (April 5, 2021): 160–67. http://dx.doi.org/10.33244/2617-4154.2(4).2020.160-167.

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The article looks into the evolution of the concept of “the principles of criminal law” in the legislation of the People’s Republic of China during the second half of the twentieth century. The principles of law are recognized as the normative foundations of law, which determine the general scope, main peculiarities and the most significant features of legal regulation. The article studies a number of definitions offered by some Chinese scientists who dealt with the theoretical and legal problems. The People’s Republic of China was created on October 1, 1949 against the background of destroyed economy, demoralized society, prevailing chaos and the unstructured nature of public authorities. In that period, no codified criminal law was in place. Some criminal acts of that time showed that any fundamental principles were included in the system of criminal legislation either. The first Criminal Code of the People’s Republic of China of 1979 did not mention any principles of law, whereas the Criminal Code of 1997 provided for three fundamental principles, which became the subject of our analysis. These are the principle of legality, also known as the principle of no punishment for doing something that is not prohibited by law (nullum crimen, nullum točka sine lege), the principle of equality of citizens before the law, the principle of conformity of criminal-legal measures to the nature and circumstances of crime. It is these principles that have been reflected in the current criminal code. Despite the amendments of criminal law introduced over the last few decades, the principles of law have remained unchanged. The conclusion to the publication makes a suggestion to introduce the general principle of humanism into in the General Provisions of the Criminal Code of China. The scholar believes that this principle should be recognized as the key principle of the criminal law of China, and will aim to ensure the democratic nature of Chinese criminal law.

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18

Mollaei, Mohammad, Mahmood Ghayoomzadeh, and Seyed Mahmoud Mirkhalili. "Rehabilitation and Re-socialization of Criminals in Iranian Criminal Law." Journal of Religion and Health 59, no. 2 (February 8, 2018): 1013–23. http://dx.doi.org/10.1007/s10943-018-0578-2.

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19

Dennis, I. "Criminal Law." Current Legal Problems 45, Part 1 (January 1, 1992): 23–47. http://dx.doi.org/10.1093/clp/45.part_1.23.

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20

Stephens, J. "Criminal Law." Current Legal Problems 48, Part 1 (January 1, 1995): 73–111. http://dx.doi.org/10.1093/clp/48.part_1.73.

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21

Kemp, Gerhard. "Criminal Law." Yearbook of South African Law 1 (2020): 365–91. http://dx.doi.org/10.47348/ysal/v1/i1a8.

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22

Brockenborough, Catherine. "Criminal Law." Imagine 6, no. 5 (1999): 13. http://dx.doi.org/10.1353/imag.2003.0016.

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23

Higgins, Edwina, Laura Thatham, and Stephen Banks. "Criminal law." Law Teacher 42, no. 2 (January 2008): 228–35. http://dx.doi.org/10.1080/03069400.2008.9959780.

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24

Kemp, Gerhard. "Criminal Law." Yearbook of South African Law 1 (2020): 365–91. http://dx.doi.org/10.47348/ysal/v1/i1a8.

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25

Ruibyte, Laima, Evelina Viduoliene, and Birute Balseviciene. "PERCEPTION OF CRIMINALS: WHAT STEREOTYPES HOLD FUTURE LAW ENFORCEMENT OFFICERS?" SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 1 (May 26, 2016): 515. http://dx.doi.org/10.17770/sie2016vol1.1520.

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The main reasons for why stereotypes of police officers about criminals are dangerous and affecting the legal system are: firstly, having stereotypes and misconceptions about typical criminals is damaging witness's ability to correctly identify and/or remember the offender’s features; secondly, stereotypes determine the peculiarities of interrogations; thirdly having stereotypes hinders the identification of individuals who actually commit crimes. 270 university students of Law and Police Activity program participated in the study and gave their opinion on the portrait and likely activities of a potential perpetrator. The Criminal Stereotype Questionnaire-Revised (Sparks & MacLin, 2011) was used to evaluate students’ judgment concerning the potential perpetrator’s socially desirable/undesirable personality traits, early years of family life history and childhood and adolescence activities. The results of this study revealed that future law and public security officers refer to delinquent activities during childhood and adolescence as well to adverse parental family life circumstances when predicting criminal behavior rather than personality traits. Furthermore, they have some preconceptions about gender, race and criminal behavior in advance.

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26

Taghavi, Hosein Angouraj, and Nasir Rezaye. "Imprisonment Penalty and its Inefficacy in Female Rehabilitation." International Letters of Social and Humanistic Sciences 64 (November 2015): 102–8. http://dx.doi.org/10.18052/www.scipress.com/ilshs.64.102.

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Freedom is a human value cherished in any human society. In criminal law, imprisonment as a penalty denies freedom. Custodial penalty is a sort of punishment believed to keep away criminals from human society and helps it move forward. What is the focus of criminological study today and law theorists tend to focus on, is the crimogenesis of this social reaction against criminals. It has undergone a considerable trend in any criminal law including in that of Iran, and answers any offence with imprisonment. The unreasonable increase has resulted countless insoluble problems, and the traditional punishment does not satisfy criminal law theorists, and despite the attempts made to modify it, the results are not promising, because prison has turned into a criminalizing school a part from the considerable expenses resulting from it; prison made resocialization difficult or postponed, rather than rehabilitate the accused. This has turned criminal system into an inefficient one.

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27

V. Talan, Maria, and Oleg N. Dunin. "CONCEPTIONS OF SELF-DEFENSE IN THE CRIMINAL LAW OF THE RUSSIA AND THE UNITED STATES." Humanities & Social Sciences Reviews 7, no. 6 (December 12, 2019): 652–56. http://dx.doi.org/10.18510/hssr.2019.7697.

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Purpose: This article is devoted to the analysis of the concepts of self-defense in the criminal law of Russia and the USA. The Russian Federation has developed a negative law enforcement practice in the field of implementation of the norms on necessary defense. Persons protecting themselves and their loved ones from criminals and causing harm to criminals who commit an attack are often prosecuted for violating the principle of proportionality of defense and attack, which under current law qualifies as exceeding the limits of necessary defense. Methodology: In the United States, criminal law provides citizens with ample opportunity to take defensive actions against criminal attacks. The basic doctrinal provisions of the institution of self-defense in the legal systems of Russia and the USA are considered. Under Russian criminal law, with the help of the institute of necessary defense, less specific rights are protected. Result: This leaves a wide scope for interpretation; law enforcement officials interpret the necessary defense in a limited way, not in the interests of the defenders. Implications/Applications: US criminal law proceeds from opposing assumptions, with the help of legitimate self-defense, not abstract rights are protected, but specific benefits: life, health, sexual integrity, the inviolability of the home; which allows for an unambiguous interpretation in the interests of defenders. Novelty/Originality: The article formulated proposals for the reception of the provisions of American criminal law into Russian law.as a result of which the criminal law should casually fix situations in which the necessity defense is possible and stipulates its limits.

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28

Ritter von Feuerbach, P. J. A. "The Foundations of Criminal Law and the Nullum Crimen Principle." Journal of International Criminal Justice 5, no. 4 (September 1, 2007): 1005–8. http://dx.doi.org/10.1093/jicj/mqm053.

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29

Handayani, Tutut Suciati. "Comparative Criminal Law Policy Positives With Foreign Countries In The Criminal Law Prosecuting Perpetrators Of Criminal Acts Of A Child In Indonesia." Jurnal Daulat Hukum 1, no. 2 (June 5, 2018): 337. http://dx.doi.org/10.30659/jdh.v1i2.3270.

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In this study the issues to be discussed are: the policy positive criminal law in the prosecution of perpetrators of criminal acts of a child, criminal law policy of foreign countries in the prosecution of perpetrators of criminal acts of children and the barriers prosecutor in carrying out the task of prosecuting perpetrators of criminal acts of child and how the efforts countermeasures. The research method that will be used is the juridical sociological approach. In order to obtain primary data and secondary data that is accurate to the writing of this study, the data collection by means of a literature study to find materials relating to the principles and rules of law relating to criminal procedure law and the criminal justice system of children. Based on the results of this research is still fragmented between the investigator and the prosecutor so that ultimately the criminal justice system is not optimal child be a solution to cope with the child as a criminal. The issue of children as criminals not only be approached only by using purely legal approach, but also must use the instrument of social and economic approaches. That in conducting the prosecution against children, public prosecutors are often encountered problems due to its law system, the apparatus structure and legal culture. therefore it is necessary for the reconstruction of the criminal justice system of Indonesia, so it can be used as a reference for events that are special laws such as the juvenile justice system.Keywords: Comparative, Policy, Criminal Law.

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30

Santo, Paulus Aluk Fajar Dwi. "Tinjauan tentang Subjek Hukum Korporasi dan Formulasi Pertanggungjawaban dalam Tindak Pidana." Humaniora 3, no. 2 (October 31, 2012): 422. http://dx.doi.org/10.21512/humaniora.v3i2.3342.

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Article clarified corporate application as a law subject that had not been fully applied in Indonesia. Corporate status as a subject for criminal law only could be found in Criminal Law Legislation, out of KUHP that had been categorized as special criminal law, or administrative regulation having crime sanction. The research applied yuridis –normatif and yuridis comparative methods with the following results. There is incompleteness for the status of a corporate, when the corporate will be considered as a liable institution, how to show the liability, etc. The corporate liability in Indonesia in the special criminal law ( outside KUHP), started with UU no. 7/Drt/1955 concerning Economy Criminal Act that later was continued by other special criminal law up to the affects that the corporate responsibility did not work in general, but it was only limited and applied to some special regulations out of those KUHP. Therefore, the design of Criminal Law Regulations that will be authorizeed into Law is supposed to be able to be guidance in overcoming corporate ‘s criminals

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31

Bandalli, Sue. "Children and the Expanding Role of the Criminal Law." Child Psychology and Psychiatry Review 4, no. 2 (May 1999): 85–90. http://dx.doi.org/10.1017/s1360641799001902.

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Looking back, the 1980s was a decade of enlightenment and success in juvenile justice practice in this country; diverting youngsters away from the criminal courts and reducing the severity of response towards those who were prosecuted did not result in crime waves or public demand to stop this lenient treatment of the young. In the 1990s, the whole criminal justice system took a significant turn towards retribution and punishment. The movement may have been aimed initially at certain groups of criminals, particularly the persistent and serious, but swept all in its wake, including children aged 10–14 who were neither. There is little apparent appreciation of the damaging consequences of this trend, not only for individual children but also for the whole concept of childhood. There is now a wide discrepancy between the approach taken by the criminal and civil law towards children which current criminal justice policies indicate is to continue into the foreseeable future.

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Weda, Made Darma. "PENGECUALIAN ASAS LEGALITAS DALAM HUKUM PIDANA." Jurnal Hukum dan Peradilan 2, no. 2 (July 31, 2013): 203. http://dx.doi.org/10.25216/jhp.2.2.2013.203-224.

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Debating for exceptional of legality principle in criminal law could be learned by establishing of the International Criminal Tribunal for The Farmer Yugoslavia (ICTY) which was based on United Nation‟s Resolution in 1993, No. 827 and The International Criminal Tribunal for the Rwanda (ICTR) which was based on United Nation‟s Resolution in 1994, No. 955. Even though these tribunals were rejected by the parties who supported the dependents, they still to cross-examine those cases, even though it was against the principle of nullum crimen sine lege as retroactive principe in criminal law. Keywords: Retroactive, criminal law, exceptional.

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Hulsman, Louk. "The Abolitionist Case: Alternative Crime Policies." Israel Law Review 25, no. 3-4 (1991): 681–709. http://dx.doi.org/10.1017/s0021223700010694.

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We are inclined to consider “criminal events” as exceptional, events which differ to an important extent from other events which are not defined as criminal. In the conventional view, criminal conduct is considered to be the most important cause of these events. Criminals are — in this view — a special category of people, and the exceptional nature of criminal conduct, and/or the criminal, justify the special nature of the reaction against it.People who are involved in “criminal” events, however, do not in themselves appear to form a special category. Those who are officially recorded as “criminal” constitute only a small part of those involved in events that legally permit criminalisation. Among them, young men from the most disadvantaged sections of the population are heavily overrepresented.

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Zulkarnain, Zulkarnain, and Zahir Rusyad. "PEMBAHARUAN CRIMINAL POLICY TENTANG SISTEM PERTANGGUNGJAWABAN PIDANA KORPORASI (Upaya Strategis dalam Penaggulangan Kejahatan Korporasi)." Widya Yuridika 1, no. 2 (December 13, 2018): 185. http://dx.doi.org/10.31328/wy.v1i2.747.

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Corporation crime is as extra ordinary crime we should fight against seriously. Great efforts must be made in order to remove this crime. Such effortst, however, are not in a direct proportion with the criminal policy serving as a base in its law enforcement. The criminal codes serving as the main legal law turn out just considering natural people as a subject of criminal law that may be criminaly assumed, instead of recognizing corporations as the subject of the criminal law, although in some corporation arrangements out of the criminal codes, there are some schemas that recognize corporations as a subject of law. Such arrangements, however are still doubtfully made, since the recognition of corporations as a subject of law in the law still denies the responsibility and comdemnation of corporation in the Indonesian criminal law still refer to a paradigm that position a person as a doer of crimes. As a result, although it is clear that the actor of crimes is a corporation, it is the natural person who should be responsible for the crime. Kata Kunci: korporasi, pertanggungjawaban pidana.

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Popko, Vadym. "National legislation as a source of transnational criminal law." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 381–86. http://dx.doi.org/10.36695/2219-5521.1.2020.75.

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The article covers the topic of national legislation as a source (form) of transnational criminal law. International criminal law doctrine has examined different aspects of legal sources many times, but development and establishment of transnational criminal law creates a necessity of research with a view to substantiating the concept of transnational criminal law and researching the empiric basis: international legal act and legislatures of different states. Author finds that the systems of legal sources are in a state of constant development and reassessment, which does not change the fact that domestic legislation always takes its place in such systems. The author analyzes the positions of domestic and foreign scientists on the recognition of national legislation as a source of international criminal law. The place of national legislation in the system of sources of transnational criminal law its ancillary character are determined. The author substantiates the position of recognition of national legislation as a source of transnational criminal law in view of the important conceptual feature of this sub-branch of law, which is manifested in the interaction of transnational (international) and domestic (national) criminal law. Transnational criminal law as part of international criminal law is part of the system of international law, is based on its principles and closely linked to national criminal law. The article notes that every national or international legal system contains a specific system of legal sources, determined within its demands which allows to distinguish the peculiarities of each separate system. National legislation holds a special place in any of such system of sources of international criminal law and belongs to the group of auxiliary sources. It is emphasized that national legislation does not directly regulate international relations, but does affect transnational criminal law in various ways, in particular by criminalizing transnational crimes and penalizing them; according to the rules of national law, criminal prosecution of criminals and implementation of norms in accordance with the jurisdiction defined in the national legislation, etc., takes place.

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Amaral, Rodrigo. "Controle do risco, imputação objetiva e legalidade penal: Um ensaio sobre os requisitos de legitimidade das técnicas de reenvio no Direito Penal." Revista do Instituto de Ciências Penais 6, no. 1 (January 2020): 69–94. http://dx.doi.org/10.46274/1809-192xricp2020v6p69-94.

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This article deals with issues involving the nullum crimen sine lege principle and reference techniques in criminal law, which modernly represent a point of apparent tension. Based on the premise that all state power must be justified to be considered legal, the grounds of the nullum crimen principle in the rule of law are investigated.To establish criteria for the measurement of legitimacy in criminal types containing reference tech- niques, the theory of objective imputation is used as a benchmark.This study focuses on the formal aspects of the legal writing of criminal types, leaving open the content of the legal source of the reference technique.

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Sung, Yongeun. "Social Realities and Its Impact on the CRIMINAL Case of Law Enforcement Processes." J-Institute 1, no. 1 (June 30, 2016): 26–32. http://dx.doi.org/10.22471/criminal.2016.1.1.26.

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Bazov, Oleksandr. "Universal jurisdiction in the activities of international criminal courts." Legal Ukraine, no. 10 (November 27, 2020): 42–47. http://dx.doi.org/10.37749/2308-9636-2020-10(214)-5.

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The article presents an analysis of the principle of universal jurisdiction as an important legal institution of international criminal justice. Analyzed the main international legal norms and judicial practice in this area. The directions of further development of universal jurisdiction have been determined. Analyzed the Princeton Principlesof the universal jurisdiction. Investigated the work of the UN International Law Commission and the UN General Assembly on this issue. Proposals for the improvement of international and national legal acts are presented. Universal jurisdiction or the principle of universality in the fight against international crime is an important legal institution in the activities of both national and international criminal courts. As with any international offense, the obligation to stop international crimes such as aggression, genocide, crimes against humanity, war crimes and crimes of international terrorism take the form of an alternative to aut dedere aut judicare or aut prosegue by Hugo Grotius, and under which any State has an obligation to search for and prosecute international criminals for these heinous acts, regardless of the nationality of the perpetrators and their victims, as well as the place where the crime was committed, or to extradite international criminals to any State that requires their extradition for prosecution and punishment, or to an international criminal tribunal. Thus, a state is obliged to exercise universal criminal jurisdiction over international crimes and international criminals, or to extradite them to another state or to an international criminal court under conditions determined by international law and national law. Key words: universal jurisdiction, International criminal court, international crime, state sovereignty.

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Mickevičiūtė, Laura. "Some Aspects of the Interpretation of Corpus Delicti of Trading in Influence in the Context of the Principle Nullum Crimen Sine Lege." Teisė 112 (September 23, 2019): 217–29. http://dx.doi.org/10.15388/teise.2019.112.12.

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Taking into consideration the amendments of Article 226 of the Criminal Code of the Republic of Lithuania, the temporal rules of the criminal law, and the content of the principle nullum crimen sine lege (no crime without law), this article assesses the Lithuanian Supreme Court case-law, according to which the provision of the alleged influence feature in Article 226(2) of the Criminal Code of the Republic of Lithuania has only been explained but not given a new feature of the corpus delicti of passive trading influence.

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Schoenfeld, C. G. "Crime, Punishment, and the Criminal Law: A Psychoanalytic Summary and Analysis." Journal of Psychiatry & Law 21, no. 3 (September 1993): 337–61. http://dx.doi.org/10.1177/009318539302100304.

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This article seeks to summarize certain basic conclusions reached during a 30-year attempt to apply psychoanalytic psychology to crime, punishment, and the criminal law. Psychoanalytically derived discoveries about man's instinctual aggressiveness, and innate ways of trying to control it, are presented first. Then the conclusion is advanced that a main function of law is to help to remedy man's inability to control his aggression sufficiently so as to make life in civilized societies possible. An extended historical discussion of the development of the common law and the criminal law follows, leading to the conclusion that the criminal law seeks both to block and to express man's aggressive urgencies. Then, in a psychoanalytically oriented section devoted to criminals and criminality, the conclusion is emphasized that the criminal law's ultimate purpose has been not so much to counter successfully the threats posed by those who break the law, but rather to meet the emotional needs of the law-abiding members of society.

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Nordstrom, Benjamin R., and Charles A. Dackis. "Drugs and Crime." Journal of Psychiatry & Law 39, no. 4 (December 2011): 663–87. http://dx.doi.org/10.1177/009318531103900407.

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Drug law violations and other crimes related to substance abuse incur dire costs in terms of both financial outlay and human suffering. This review of the current professional literature addresses the identification of risk factors and the longitudinal course of addiction and criminal behavior. Results indicate that neither criminally active drug users nor drug users in general are monolithic groups in terms of manifestations of criminal behavior. Drug use and criminal activity are depicted as mutually facilitative behaviors, with research outcomes tending to convey that although drug addiction does not turn nonviolent criminals into violent criminals, active addiction does increase the frequency of criminal activity.

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Jia, Jianfei. "Horse Theft, Law, and Punishment in Xinjiang during the Qianlong Reign." Ming Qing Yanjiu 20, no. 1 (March 1, 2016): 135–64. http://dx.doi.org/10.1163/24684791-12340007.

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There are a large number of criminal cases in the Manchu archives, which occurred in Mongolia and Xinjiang and were reported to the Qing emperors. These criminal cases can be roughly divided into two groups: homicide cases and horse theft cases. Based on the records of the Manchu archives, this paper will focus upon horse theft cases in Xinjiang during the Qianlong reign. Xinjiang was a place populated by many ethnic groups under the Qing rule. In the Qing records, we found that almost all of the ethnic groups were involved in horse theft cases. The questions at issue are: why did such horse theft cases matter in the Qing dynasty, especially to the extent they even had to be reported to the central government and the Qing emperors? Based on what law were the criminals of different peoples punished in the judicial trials?My arguments are as follows: based on the Qing records, one can learn that the legislation in Xinjiang had been less mature than that in China proper, and there had not been specific regulations or laws on criminal cases including horse theft being enacted by the Qing court in Xinjiang; the law was subject to variation based on the emperors’ own will, which largely reflects the limitations and challenges that the Manchu rulers were facing during their reign in such a newly-conquered multi-cultural territory. What is certain is: first, in general, the ethnicities of horse theft criminals and owners of the stolen horses were considered by the Qing magistrates, and the criminals were punished on the basis of their and the owners’ ethnicities, thus, a diversified statutory base appeared to be applied in these trials. Second, the punishment for criminals in horse theft in Xinjiang at the time was more severe than that in other parts of the Qing Empire, and the penalties were generally borrowed from that inDaqing lüli, which, to some extent, could reflect the strong influences of Chinese and Manchu legislation.

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Shchedrin, N. V. "CRIMINAL LAW MANAGEMENT." Вестник Пермского университета. Юридические науки, no. 40 (2018): 319–31. http://dx.doi.org/10.17072/1995-4190-2018-40-319-331.

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Morse, Stephen J., Leo Katz, and C. L. Ten. "Introducing Criminal Law." Michigan Law Review 87, no. 6 (May 1989): 1294. http://dx.doi.org/10.2307/1289248.

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Barrett, Jastine. "Overview: Criminal Law." Cambridge Journal of International and Comparative Law 1, no. 2 (2012): 108–10. http://dx.doi.org/10.7574/cjicl.01.02.23.

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Wolfers, Estelle. "Overview: Criminal Law." Cambridge Journal of International and Comparative Law 2, no. 1 (2013): 128–30. http://dx.doi.org/10.7574/cjicl.02.01.79.

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Nelken, David. "Critical Criminal Law." Journal of Law and Society 14, no. 1 (1987): 105. http://dx.doi.org/10.2307/1410300.

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Quigley, John. "Soviet criminal law." Criminal Law Forum 3, no. 2 (1992): 271–87. http://dx.doi.org/10.1007/bf01096201.

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Archibald, Bruce P. "Canadian criminal law." Criminal Law Forum 3, no. 3 (1992): 525–39. http://dx.doi.org/10.1007/bf01096367.

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Botterell, Andrew. "Rethinking Criminal Law." Canadian Journal of Law & Jurisprudence 22, no. 1 (January 2009): 93–111. http://dx.doi.org/10.1017/s0841820900004586.

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Imagine the following. You have been asked to critically evaluate the criminal process in your home jurisdiction. In particular, you have been asked to determine whether the criminal process currently in place appropriately balances the need to maximize the chances of getting things right—of acquitting the innocent and convicting the guilty—with the need to minimize the chances of getting things wrong—of acquitting the guilty and convicting the innocent. How would you proceed? What rules of evidence and procedure would you put in place? Would you exclude germane inculpatory evidence that has been obtained in violation of the accused’s constitutional rights? Would you permit spouses to testify against each other, or allow the jury to draw adverse inferences from an accused’s failure to testify on his or her behalf? These, in broad outlines, are the sorts of issues addressed by Larry Laudan in his superb Truth, Error, and Criminal Law.

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