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Academic literature on the topic 'Criminal Code, Austria, drafts'
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Journal articles on the topic "Criminal Code, Austria, drafts"
1
Guzik-Makaruk, Ewa M., and Piotr Fiedorczyk. "The Achievements of the Codification Commission of the Second Republic of Poland — a Century After Regaining the Independence." Internal Security Special Issue (January 14, 2019): 15–27. http://dx.doi.org/10.5604/01.3001.0012.8398.
Full textAbstract:
Reborn in 1918, the Polish state inherited from the partition countries: Russia, Prussia and Austria their legal systems. The task of unifying the codification of the law was entrusted to the Codification Commission, established on the basis of the Act of 1919. The Commission was to prepare draft legislation in the field of civil and criminal law. It was a body of 44 lawyers and had a high degree of independence from political factors. As a result of the Commission’s work, more than 20 legal acts were created. In the area of civil law, these were laws mainly related to foreign legal transactions. These included, among others, bills of exchange and cheque law, copyright law, patent law, law on combating unfair competition. The two laws of 1926 were of particular importance: private international law and inter-district law. Three codes of private law were also created: the Code of Obligations (1933, considered the most outstanding civil work of the Commission), the Commercial Code and the Code of Civil Procedure. In the area of criminal law, a full codification was carried out, first by implementing the Code of Criminal Procedure (1928) and then the Criminal Code (1932). These two acts were based on different doctrinal bases, which made criminal law inconsistent. The Criminal Code of Juliusz Makarewicz in particular was an outstanding work, based on the findings of the School of Sociological Criminal Law. The Codification Commission did not finish its work until the outbreak of the war. However, present codes are largely based on the solutions developed within the Commission.
2
Ochman, Piotr. "Remarks on codex crimes of capital fraud art. 311 CC in the background of neighbouring countries." Nowa Kodyfikacja Prawa Karnego 47 (August 3, 2018): 41–52. http://dx.doi.org/10.19195/2084-5065.47.4.
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The subject of the article is the presentation of the genesis of criminalisation of capital fraud in the Polish Criminal Code. Further edits of the projects of this crime in the drafts of the current Criminal Code are also analysed, as well as the scope of criminalisation and the problem of repression of capital fraud in Polish criminal law. In addition, solutions proposed to criminalise capital fraud in neighbouring countries are presented. These analyses provide the basis for reporting significant legislative changes.
3
Sharmar, O. "Analysis of legislative initiatives to strengthen criminal responsibility for breaching rules of road safety and transport exploitation." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 379–84. http://dx.doi.org/10.24144/2307-3322.2021.69.64.
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The article is devoted to the analysis of problematic issues of draft laws registered in the Verkhovna Rada of Ukraine: “On Amendments to Articles 286 and 2861 of the Criminal Code of Ukraine on Strengthening Liability for Violation of Road Safety Rules”; “On Amendments to Articles 286 and 2861 of the Criminal Code of Ukraine on Strengthening Liability for Violation of Road Safety Rules” № 6240-1 of November 8, 2021; “On Amendments to the Criminal Code of Ukraine to Strengthen Liability for Criminal Offenses against Traffic Safety and Operation of Transport”№ 6240-2 of November 17, 2021. These projects are said to increase criminal liability for violating traffic safety rules or operating vehicles by persons driving vehicles, including under the influence of alcohol, drugs or other intoxicants or under the influence of drugs that reduce attention and speed of reaction. There is disagreement with the authors of the bill to establish a more severe punishment for deprivation of human life in the village than the punishment for deprivation of human life outside the village. The inconsistency of the penalties proposed in the drafts with the current sanctions of the articles of the general norms of the Special Part (Articles 119, 128 of the Criminal Code of Ukraine) aimed at criminal protection of human health and life and sanctions of special norms (Articles 286, 2861 of the Criminal Code of Ukraine) punishment in the form of imprisonment. Emphasis is placed on the inconsistency of the draft proposals with the provisions of Art. 55 of the Criminal Code of Ukraine on the limits of punishment for deprivation of the right to drive vehicles. It is proposed to provide for legal provisions regarding the restoration of a person's right to drive a vehicle in the event of lifelong deprivation of the right to drive vehicles or deprivation of the right to drive vehicles for a period of twenty years.
4
Gafurova, E. R. "PROBLEMS OF LEGISLATIVE REGULATION OF THE MURDER OF A NEWBORN CHILD BY A MOTHER (ARTICLE 106 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)." Bulletin of Udmurt University. Series Economics and Law 31, no. 4 (August 12, 2021): 639–46. http://dx.doi.org/10.35634/2412-9593-2021-31-4-639-646.
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This article examines the features of the Russian criminal law norm that provides for liability for the murder of a newborn child by a mother. We analyzed the data of the Judicial Department on the statistics of convicts for 2016 and 2019 under Article 106 of the Criminal Code of the Russian Federation in relation to the indicators of other privileged elements of murder, indicating the latency of this type of crime. The article also examines some features of the legislative structure of Article 106 of the Criminal Code of the Russian Federation, accompanied by examples of judicial practice. The article examines the criminal law norms providing for responsibility for infanticide, the legislation of Italy, Austria, Switzerland, Holland and Denmark, and highlights the distinctive features of Article 106 of the Russian criminal legislation. The article presents proposals for possible improvement of the norms of the Criminal Code of the Russian Federation on responsibility for the murder of a newborn child by a mother, confirmed by the indicators of a sociological study.
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Matushenko, O. "Analysis of the legislative proposals for amendments to the Penal Code Of Ukraine aimed to overcome the pandemic disease COVID-19, caused by Coronavirus Sars-Cov-2." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 346–51. http://dx.doi.org/10.24144/2307-3322.2021.69.58.
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Draft laws of Ukraine towards the amendments to the Penal Code of Ukraine aimed to overcome the pandemic disease COVID-19, caused by Coronavirus SARS-COV-2 are analyzed, namely: "On Amendments to the Penal Code (concerning the criminal liability for violation of the established procedure for vaccination of citizens against infectious diseases)" registration № 4647 26/01/2021 and "On Amendments to the Penal Code of Ukraine in terms of liability for forgery of documents about preventive vaccination" registration № 6084 23/09/21.
Some disadvantages of the following drafts are identified: 1) importation into Ukraine of a vaccine not registered in the State Register of medicine products is currently considered as an illegal activity; 2) placing into turnover of an unregistered medical product is a falsification and entails criminal liability under the provisions of the current article 321-1 of the Penal Code of Ukraine. Therefore, it makes no sense to criminalize actions of this nature; 3) the level of public danger of the proposed criminal offense (Article 321-3 of the Criminal Code of Ukraine) is not sufficient for the existence of the sanction Part 1 – imprisonment and its classification as "minor crimes"; 5) establishment of separate (special) criminal liability for forgery of documents related to preventive vaccinations is an excessive criminalization; 6) introduction of the proposed criminal offense (Article 321-3 of the Penal Code of Ukraine) to Section XIII "Criminal offenses in the sphere of drugs, psychotropic substances, their analogues or precursors and other criminal offenses against public health" Special part of the PenalCode of Ukraine does not take into account principles of the existing criminal law doctrine on delimitation and definition of the object of criminal law protection.
The inexpediency of detailing the forms of the objective side of the proposed criminal offense (Article 321-3 of the Penal Code of Ukraine) by introducing the concepts of "dissemination" and "implementation", as well as the introduction of a broader understanding of the term "use" as a «violation of a prohibition to use (sales and implementation ") is established;
The ways to overcome the identified disadvantages and improve the norms of the analyzed bills are pointed out. It is concluded that it is impossible to adopt amendments in this form to the Penal Code of Ukraine.
6
Perepelytsia, Khrystyna. "Criminal and legal characteristics of infanticide under the Austrian Criminal Code 1852." Law Review of Kyiv University of Law, no. 4 (December 30, 2020): 69–73. http://dx.doi.org/10.36695/2219-5521.4.2020.11.
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Galicia used to be a part of the Austrian Empire from 1772. In 1867, it became a part of the dual monarchy of Austria and Hungary.Following the breakdown of the last and quite short period of restoration of Ukrainian statehood in Galicia in 1918–1919, as theresult of post-war peace accords, the territory joined the Second Polish Republic, where it remained until 1939. During the periodbetween 1852 and 1932, the Austrian Criminal Code was in force in Galicia. Besides, starting from the second half of the 19th century,there was a growing public interest in infanticide, which could be explained by the fact that the society considered such acts to beimmoral, where the victim was a defenceless child, whose own mother was a criminal. Such cases were covered in numerous Galicianperiodicals, and the cases themselves became notable. Nonetheless, most of these crimes remained unsolved.The article dwells on the development of the concept of criminal responsibility for infanticide in the Ukrainian territories in themiddle of the 19th – first third of the 20th century in accordance with the provisions of the Austrian Criminal Code 1852.The law clearly established a distinction between abortion and infanticide, however, in both cases, the object of legal protectionwas the child’s life (whether the child was born or not). It was specifically emphasized that the qualifying feature for this crime was amother’s marital status. The have been analysed the motives the legislative establishment could be guided by when formulating theprivileged components of this crime. There have been provided common features of the examination procedure, whose goal was toestablish the fact of the birth of a child alive as a prerequisite for prosecution for infanticide. It was emphasized that criminal and pu -nishable actions mean not only trying to take the child’s life, but also mother’s inactivity in case of failure to provide the necessaryassistance during childbirth process. The paper briefly outlines social, economic and psychological factors that could prompt a womanto commit a crime.
7
Świerczewska-Gąsiorowska, Anna. "Criminal Legislation at the Time of Poland’s Regaining Independence." Internal Security Special Issue (January 14, 2019): 29–37. http://dx.doi.org/10.5604/01.3001.0012.8400.
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The third partition of Poland, and thus the collapse of the Polish state, spontaneously forced a situation in which the legal orders of the partitioning states came into force almost immediately on Polish lands. In the lands divided between Prussia, Russia and Austria, legal acts of the partitioning states came into force with a strong influence of models derived from French legislation. The Polish lands which came under Austrian rule found themselves in the reality, in which the Austrian legislator conducted codification works on the new penal code, which resulted in the fact that in 1787 the penal code of Joseph II, called Josephine, became binding. As early as 1803, a penal code was introduced in Poland, which was under Austrian rule, under the name of the Book of Laws on Crimes and Serious Police Crimes called Franciscan. In the German annexation there was the Prussian Landrecht, which was characterized by a current far removed from the European science of law. On the territory of the former Duchy of Warsaw a Penal Code for the Kingdom of Poland was introduced. In Russia in 1903, the Tagantsev’s Code came into force, which in its systematics divided crimes according to their gravity into crimes and misdemeanours and clearly separated minor offences. The characteristics of criminal legislation until 1918 made it possible to show the enormity of the work of the Codification Commission, the aim of which, after Poland regained independence, was to create a uniform and coherent Polish legal system, not only in terms of social life standards, but also in the area of the catalogue of its areas.
8
Maksimović, Sanja, and Danijela Despotović. "The origin of the civil law codification in Europe." Pravo - teorija i praksa 39, no. 1 (2022): 45–57. http://dx.doi.org/10.5937/ptp2201045m.
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Codification represents the regulation of a certain field (branch) of law by a comprehensive law called the Code (the Civil Code, Criminal Code, etc.). The success of codification depends on two very important conditions: the first one refers to the existence of a dedicated authority, and the second one concerns its implementation in a great country. For the purpose of research, there will be selected the national legislations in order to demonstrate, through various legal systems, how civil codes regulating the field of civil law were originated. Within the scope of this paper, in more detail, we are going to analyze the selected national legislations of France, Austria, Germany, Switzerland and Italy.
9
Smolyakov, Aleksandr. "Responsibility for theft of non-cash funds and digital currency in the countries of the Anglo-Saxon and continental systems of law." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2022, no. 1 (March 24, 2022): 151–56. http://dx.doi.org/10.35750/2071-8284-2022-1-151-156.
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The domestic legislator improves the criminal law norms based on, among other things, foreign experience. In this regard, the author considers the approaches of foreign countries to the definition of the subject of property crimes in general and its «digital variants» in particular. The approaches of some foreign countries (Great Britain, USA, Germany, Austria, Spain, France, Poland) to the establishment of criminal liability for the theft of non-cash funds and digital currency are analyzed.
Based on the analysis, the author concludes that in the legislation of foreign states of the Anglo-Saxon and Romano-Germanic systems, the subject of property crimes is defined through the category of «property». In England and the USA, property in general (including non-cash funds and cryptocurrency) can be the subject of any property crimes. In the countries of the continental system (in particular, in the Federal Republic of Germany, Austria, France), within this group of crimes, a subgroup of criminal acts that encroach only on things (for example, theft) is distinguished. It seems that in the domestic criminal law it is also necessary to single out a group of property crimes, which will include crimes against property. Accordingly, in order to solve the problem of the inconsistency of the title of Chapter 21 of the Criminal Code of the Russian Federation with its content, since the norms of this chapter protect not only objects of property rights (in particular, property rights), but also property rights (claim rights, etc.) that make up the content of obligations relations . It is proposed to clarify the title of Chapter 21 of the Criminal Code of the Russian Federation, heading it «Property Crimes» (taking into account the studied foreign experience). Thus, non-cash funds, which are not things and which are subject to the civil law regime of property rights, are more logical to recognize as the subject of 2property crimes», and not crimes against property.
10
Karfíková, Marie. "Tax penalty payment and the “non bis in idem” principle." Law Enforcement Review 1, no. 3 (October 3, 2017): 50–61. http://dx.doi.org/10.24147/2542-1514.2017.1(3).50-61.
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The subject. This paper deals with problems related to tax law with a special focus on legalregulation of the tax procedure contained in the Czech Tax Procedure Code. Attention ispaid in particular to tax penalty payments and the “non bis in idem” principle.The purpose to identify ratio between penalty payments in tax procedure and in criminalprocedure in context of “non bis in idem” principle.The methodological basis of the article is analysis of legislation and court practice of Czechrepublic, Austria, European Union, including formal legal analysis, comparative analysis,synthesis, systematic approach.The results and scope of application. The existing case law of the Czech criminal courts andof the Supreme Court was based on the legal opinion that a penalty payment imposed bythe tax administration in a tax procedure constitutes no punishment, i.e. it is no sanction ofcriminal nature, so that even the final (enforceable) decision of the tax administration doesnot create a “ne bis in idem”1 barrier in relation to criminal sanctions for the same taxesrelatednon-compliant action (tax evasion) in respect of the penalty payment imposed bythe tax administration.Conclusions. It would probably be advisable for the legislation to amend the relevant provisionsof the Tax Procedure Code in a way that the tax authorities concentrate within thelimits of their powers on proper tax collection and that the law enforcement authorities areauthorized to punishments for deliberate tax evasion. A suggested amendment may thereforebe the removal of the penalty payments from the Tax Procedure Code as the defaultinterest itself is sufficient instrument enough to penalize the taxpayers. Another option is to keep the tax penalty payment in the Tax Procedure Code, but its imposition would only be considered after making sure that the result of any criminal proceedings does not constitute a “ne bis in idem” prohibition within the meaning of Art. 40 (5) of the Charter and Art. 4 (1) of the Protocol No. 7 to the Convention, Section 11 (1) f), g), h), (2) and Section 11a of the Code of Criminal Procedure.