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Mikołajczuk, Krzysztof. "Criminal Liability of People With Mental Disorders: Selected Issues." Journal for Perspectives of Economic Political and Social Integration 28, no. 1 (November 23, 2022): 7–29. http://dx.doi.org/10.18290/pepsi-2022-0001.
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The issue of criminal liability in different legal systems and of the perpetrator’s sanity and mental disorders, has received much attention of researchers from different scientific disciplines. Of many important aspects relevant to this topic, the paper addresses only some, which are related to two legal orders. The first part of the article focuses on the circumstances that exclude and mitigate culpability under Polish criminal law. The author examines the problem of insanity referring to the ways in which insanity is determined and enumerating sources of insanity. Then, the legal consequences of insanity are identified. Finally, the issue of diminished mental capacity in the doctrine of Polish criminal law is analysed. The second part of the article deals with the concept of imputability in the Code of Canon Law of 1983. Quoting the provisions of canon law, the author considers the issue of natural inability to commit a crime by persons who are habitually deprived of the use of reason, and then indicates the circumstances excluding, mitigating and aggravating the perpetrator’s culpability.
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Nikitenko, M. G., and E. E. Nikitenko. "HISTORICAL AND LEGAL ANALYSIS OF THE DEVELOPMENT OF EXTREME NECESSITY AS A CIRCUMSTANCE PRECLUDING THE CRIMINALITY OF AN ACT." Vestnik of Khabarovsk State University of Economics and Law, no. 1 (105) (March 3, 2021): 83–90. http://dx.doi.org/10.38161/2618-9526-2021-1-083-090.
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The article presents an analysis of the historical development of extreme necessity as an institution of criminal law. The authors examines the peculiar views of Roman jurists on the possibility of exemption from criminal liability in connection with injury to the state of emergency, the specifics of medieval canon law, assessment of Russian lawyers of the institute of extreme necessity. Conclusions about the peculiarities of the evolution of the norms of extreme necessity in criminal legislation on the basis of a retrospective analysis of the sources of criminal law are made.
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Glomb, Yuriy. "The origins of criminal liability for misleading in ancient world culture." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 276–78. http://dx.doi.org/10.36695/2219-5521.1.2021.54.
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Naturally, both religious and philosophical and moral and ethical ideas of worldview are based on the concept of the origin ofthe world, which is set out in the world’s religious scriptures. Any science does not invent anything, but only reveals the phenomena,phenomena, their laws and essence that exist first in nature, in the life of the human community. Jurisprudence, if it claims to be a truescience, should do the same: to identify those legal relations that were originally the basis of the functioning of man and humanity.The article presents the origins of criminal liability under Article 384 of the Criminal Code, which have their source in the worldreligious systems. Most of the main provisions of the current criminal law of all world countries are based on basic religious canons.Responsibility for false testimony was provided by the laws of all times and peoples. The criminal law of European nations originatesdirectly from the Bible, the ninth commandment emphasizes: «Thou shalt not bear false witness against thy neighbor». The ninth commandmentwas recorded on stone tablets and meant a prohibition to make false denunciations, testify falsely in court, slander, slander,and so on.The fourth commandment of the Buddhist canon mentions: «I accept the rule of teaching to refrain from false words». The mainprovision of the Buddhist commandment «renunciation of lies» is accompanied by virtue: honesty and reliability, and in the field ofhuman rights: the right to human dignity.In Muslim countries, whose laws are based on the norms of Islam (Sharia), criminal law is inseparable from religious ones. InIslam, perjury is a great sin, as it contributes to the punishment of the innocent and the impunity of the guilty. The Qur’an says, «Avoidfalse witness». «On the Day of Judgment, a false witness will not move from his place».Examining the depths of centuries of civilization and the basic foundations of world law, it is clear that the main content can beformulated as a reminder that, no matter how legal thought develops, the origins of law remain intact and go back to human birth, tothe foundations open to humanity at the dawn of its formation and presented in sacred books and the first written monuments.
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Rabb, Intisar. "Islamic Legal Maxims as Substantive Canons of Construction: Hudūd-Avoidance in Cases of Doubt." Islamic Law and Society 17, no. 1 (2010): 63–125. http://dx.doi.org/10.1163/092893809x12472107043920.
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AbstractLegal maxims reflect settled principles of law to which jurists appeal when confronting new legal cases. One such maxim of Islamic criminal law stipulates that judges are to avoid imposing hudūd and other sanctions when beset by doubts as to the scope of the law or the sufficiency of the evidence (idra'ū'l-hudūd bi'l-shubahāt): the "hudūd maxim." Jurists of all periods reference this maxim widely. But whereas developed juristic works attribute it to Muhammad in the form of a prophetic report (hadīth), early jurists do not. Instead, they cite the maxim as an anonymous saying of nonspecific provenance in a form unknown to hadīth collectors of the first three centuries after Islam's advent. This difference in the jurists' citations of the maxim signals a significant shift in claims to legal authority and the asserted scope of judicial discretion, as jurists debated whether and how to resolve legal and factual doubt. While political authorities exercised increasingly wide discretion over criminal matters and used it to benefit the elite, most jurists promoted an egalitarian "jurisprudence of doubt" through insisting on criminal liability for high-status offenders and heightening claims of the authoritativeness and scope of the hudūd maxim as a hadīth.
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Korayan, Jeremi, and Gunawan Djajaputra. "TANGGUNG JAWAB HUKUM BIRO PERJALANAN UMRAH TERHADAP CALON JAMAAHNYA." Jurnal Hukum Adigama 1, no. 1 (August 1, 2018): 1529. http://dx.doi.org/10.24912/adigama.v1i1.2231.
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As a legal subject, Umroh organizing agency has the legal responsibility of Umroh congregation, responsibilities relating to the concept of legal obligations. A person is legally responsible for a particular act or that he or she assumes legal liability means that he or she is responsible for a sanction in the event of a conflicting action. From legal aspect, Umroh organizing agency's legal responsibility can be seen from civil, criminal, and administrative aspects. Many of the Umroh organizing agency although it has permission from the government but in its implementation is not in accordance with the provisions set forth in the legislation regulating the implementation of Hajj and Umroh. This can result in losses for pilgrims who use the umroh organizing agency. For example, in practice, many Umroh organizing angency do not give written agreements. The agreement is usually done with a verbal agreement promising. Therefore, when the rights and obligations of the parties is not met, there is no authentic evidence to prosecute and no limits on liability. Actually, a written contract is regulated and stipulated in Article 45 of Law. 13/2008 on Organizing Haj Pilgrimage to Mecca. Thus the form of agreement of appointment of departure between the Umroh organizers agency with prospective pilgrims so that umroh can be known various responsibilities of the umroh organizers agency in case of incompatibility between the agreement with the realization.
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Inayah, Iin. "CORPORATE CRIMINAL LIABILITY." JHR (Jurnal Hukum Replik) 8, no. 2 (December 1, 2020): 89. http://dx.doi.org/10.31000/jhr.v8i2.3586.
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Abstract The evolution perspective that place person, not the only one criminal law subject, but also corporations, has ignored the principle “Universitas delinquent non potest” which has been used as a reason that corporations that commit the crime cannot be stated as perpetrators of crime, and shift into perspective that corporations can be stated as criminal law subject. Indonesia has recognized corporations as perpetrators of crime. This can be proven by the existence of corporate arrangements as perpetrators of criminal acts in various laws and regulations in Indonesia outside the Criminal Code. However, despite the recognition that corporations are subject to criminal law, in reality, we see that there are still many criminal acts involving corporations that do not direct corporations to become suspects in the judicial process. This would be a problem for law enforcement in Indonesia. With the recognition of the corporation as the subject of a criminal act, then it is important to criminalize not only the board but also related corporations. If corporate not addressed as criminal, therefore, the purpose of punishment will be different if the criminal is only addressed to administrators but not to the corporation. In general, the charging of criminal is the purpose as a deterrent effect against the corporation who committed the crime and also, also as an effort to prevent the criminal act is not performed by the other corporations. Associated with given criminal purposes, if only the criminal responsibility on the corporate board of sentencing objectives to be achieved will be difficult to achieve. It would be important to not only penalize the corporate board but also still penalize the corporation concernedKeywords: Corporate, criminal liability, criminal
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Husak, Douglas N. "Motive and criminal liability." Criminal Justice Ethics 8, no. 1 (January 1989): 3–14. http://dx.doi.org/10.1080/0731129x.1988.9991846.
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Tolmie, Julia. "Alcoholism and Criminal Liability." Modern Law Review 64, no. 5 (September 2001): 688–709. http://dx.doi.org/10.1111/1468-2230.00346.
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Pudovochkin, Yurii E. "Criminal law measures and criminal liability: scientific discussion and search for solutions." Penitentiary science 14, no. 4 (December 18, 2020): 542–51. http://dx.doi.org/10.46741/2686-9764-2020-14-4-542-551.
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The paper analyzes the content of scientific discourse on the relationship between criminal liability and criminal law measures and proves that the corresponding concepts are not subordinate and interchangeable. Criminal law measures are defined as legal means and normative structures established by law, which the state uses to respond to a crime. Criminal liability is defined as a real phenomenon, a special combination of criminal law measures implemented on the basis of a court sentence. The common feature of criminal liability and criminal law measures is that they can only be applied in case of commission of a crime. In this regard, measures imposed on persons who have committed a socially dangerous act before reaching the age of criminal liability or in a state of insanity should be excluded from the list of measures of a criminal legal nature. The difference between liability and criminal law measures is that liability requires official recognition of a person guilty of committing a crime, while criminal law measures can also be applied in the absence of a decision on guilt, when a person is exempt from criminal liability. Based on this, all criminal law measures are divided into two groups: a) measures applied outside the scope of liability, and b) measures that are part of liability. We give the nomenclature of each of them and identify promising opportunities for their expansion. In particular, the list of criminal law measures may be supplemented with community service, limited paid work, and administrative supervision. Keywords: criminal liability; measures of a criminal-legal nature; criminal punishment; conditional conviction; criminal record; administrative supervision; criminal-legal attitude.
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Polianskyi, Ye Yu. "Prerequisites of criminal liability in U.S. Criminal law." Legal position, no. 1 (2023): 136–40. http://dx.doi.org/10.32782/2521-6473.2023-1.26.
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Pudovochkin, Yu E. "Criminal law measures and criminal liability: scientific discussion and search for solutions." Penitentiary science 14, no. 4 (December 18, 2020): 460–72. http://dx.doi.org/10.46741/2686-9764-2020-14-4-460-472.
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The paper analyzes the content of scientific discourse on the relationship between criminal liability and criminal law measures and proves that the corresponding concepts are not subordinate and interchangeable. Criminal law measures are defined as legal means and normative structures established by law, which the state uses to respond to a crime. Criminal liability is defined as a real phenomenon, a special combination of criminal law measures implemented on the basis of a court sentence. The common feature of criminal liability and criminal law measures is that they can only be applied in case of commission of a crime. In this regard, measures imposed on persons who have committed a socially dangerous act before reaching the age of criminal liability or in a state of insanity should be excluded from the list of measures of a criminal legal nature. The difference between liability and criminal law measures is that liability requires official recognition of a person guilty of committing a crime, while criminal law measures can also be applied in the absence of a decision on guilt, when a person is exempt from criminal liability. Based on this, all criminal law measures are divided into two groups: a) measures applied outside the scope of liability, and b) measures that are part of liability. We give the nomenclature of each of them and identify promising opportunities for their expansion. In particular, the list of criminal law measures may be supplemented with community service, limited paid work, and administrative supervision.
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Dubber, Markus D. "The Comparative History and Theory of Corporate Criminal Liability." New Criminal Law Review 16, no. 2 (2013): 203–40. http://dx.doi.org/10.1525/nclr.2013.16.2.203.
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An exercise in comparative legal history and legal theory, this article challenges the radical distinction that traditionally has been drawn between corporate criminal liability in German and Anglo-American law. In the familiar account, corporate criminal liability in the common law and the civil law passed each other like ships in the night, sometime around the turn of the nineteenth century: the common law had no corporate criminal liability before 1800, and the civil law had no corporate criminal liability after 1800. Closer inspection, however, reveals that corporate criminal liability was widely accepted in both common law and civil law countries at least since the Middle Ages, and that rejection of corporate criminal liability was complete neither in England before 1800 nor in Germany after 1800.
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Husak, Douglas N. "Addiction and Criminal Liability." Law and Philosophy 18, no. 6 (November 1999): 655. http://dx.doi.org/10.2307/3505096.
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PARAMUDHITA, H. Radea Respati, H. Sigid SUSENO, and Lies SULISTIANI. "Concept of Restitution Application as a Form of Corporate Criminal Liability in Law Enforcement towards Human Trafficking Criminal Act." Journal of Advanced Research in Law and Economics 11, no. 1 (March 31, 2020): 156. http://dx.doi.org/10.14505//jarle.v11.1(47).19.
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This research aims to analyze: (1) the corporate liability as a law subject in terms of human trafficking criminal act; and (2) the concept of restitution application as a form of corporate criminal liability in the case of law enforcement towards human trafficking criminal act. This research is categorized as normative legal research through the statue and conceptual approaches. The result of the research found that: (1) in terms of criminal law, both seen from the Law of Human Trafficking or theories of corporate liability, corporate is one of law subject in terms of human trafficking criminal act whose liability can be asked regarding human trafficking criminal act. The corporate liability which conducts human trafficking criminal act can be determined through the fulfillment of general criminal liability terms (subjective terms) including the presence of liability, the presence of guilt both intentionally and negligence, and the absence of reasons to omit the criminal law. The form of liability of corporate criminal in terms of human trafficking criminal act can be decided precisely using vicarious liability; and (2) restitution application concept, as a form of corporate criminal liability in law enforcement towards the human trafficking criminal act so that justice principle, legal certainty and benefit for the victim of human trafficking. Therefore, the concept offered is first, fulfillment of material rights. Second, the availability of legal protection accompanied with its implementing which is a very urgent matter. Third, the availability of structure (in the form of institution/entity) and infrastructure is an essential thing in process managing, deciding and executing the human trafficking criminal act.
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Popoviciu, Laura-Roxana. "OFFENSE - THE ONLY GROUND FOR CRIMINAL LIABILITY." Agora International Journal of Juridical Sciences 8, no. 4 (November 23, 2014): 149–56. http://dx.doi.org/10.15837/aijjs.v8i4.1614.
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This study aims to examine the offence as the only ground for criminal liability. Article 15, paragraph 2 of the Criminal code provides that: “offences are the only grounds for criminal liability”, which implies the existence of an act, which is detected by the bodies empowered under the law in the form required by law, and also this principle comes as a guarantee of the person’s freedom because, without committing an act provided for by the law as an offense, the criminal liability cannot exist.The criminal liability is one of the fundamental institutions of the criminal law, together with the institution of the offence and of the sanction, set in the various provisions of the Criminal code.As shown in the Criminal code, in Title II regarding the offence, there is a close interdependence among the three fundamental institutions. The offence, as a dangerous act prohibited by the criminal rule, attracts, by committing it, the criminal liability, and the criminal liability without a sanction would lack the object. It obliges the person who committed an offence to be held accountable for it in front of the judicial bodies, to bide the sanctions provided for by the law, and to execute the sanction that was applied.The correlation is also vice-versa, meaning that the sanction, its implementation, cannot be justified only by the existence of the perpetrator’s criminal liability, and the criminal liability may not be based only on committing an offence.The criminal liability is a form of the judicial liability and it represents the consequence of non-complying with the provision of the criminal rule. Indeed, the achievement of the rule of law, in general, and also the rule of the criminal law implies, from all the law’s recipients, a conduct according to the provisions of the law, for the normal evolution of the social relations.
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Voiț, Alexandra-Maria. "FUNDAMENTAL INSTITUTIONS OF CRIMINAL LAW." AGORA INTERNATIONAL JOURNAL OF JURIDICAL SCIENCES 17, no. 2 (December 31, 2023): 219–26. http://dx.doi.org/10.15837/aijjs.v17i2.6488.
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The article entitled "The fundamental institutions of criminal law" presents a particularly generous and important theme. I will present the three fundamental institutions from a theoretical point of view and by exemplifying them practically through cases. These fundamental institutions are the main pillars of criminal law, around them gravitate all the other specialized institutions that form criminal law as a branch of law. Criminal law provides, as a consequence of committing crimes, specific criminal law sanctions that are applied to criminals through the most severe (legal) form of legal liability, criminal liability. Thus, in the synthesis of the essential features most often indicated by doctrine within the definition of criminal law, it can be appreciated as representing a branch of law that aims to ensure social defence (social order and discipline), carrying out a control of an individual’s conduct and behaviour from society to the highest degree undesirable, through the action of preventing and combating the criminal phenomenon, establishing and regulating: the categories of acts that are assessed, at a given moment, as crimes, the corresponding (legal) liability for committing them; the specific sanctions in which this legal-criminal liability is to be realized.
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Lysenko, Vadim S. "Criminal law Impact, Penal Measures, Criminal Liability and other Measures of Criminal-Legal Nature: Problems of Correlation of Criminal Law Categories." Теория и практика общественного развития, no. 8 (August 30, 2023): 241–46. http://dx.doi.org/10.24158/tipor.2023.8.31.
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The article considers the issue of correlation of the following criminal-law categories: criminal-law impact, pe-nal measures, criminal liability, other measures of criminal and legal nature. Having investigated them using the method of lexical analysis, by formulating his own definition of measures of criminal-legal nature, defining their signs and system, the author comes to the reasonable conclusion that the criminal law impact is repre-sented by many types, including penal law, implemented by means of measures of criminal-legal nature, en-shrined in the criminal law, law enforcement acts, etc. Measures of a criminal law are expressed by criminal liability and other measures of a criminal-legal nature, the specific features of which are their non-punitive na-ture and the absence of interrelation with criminal liability (with the rare exception of cases of their simultane-ous practical realization), which allows to distinguish them in the system by means of criminal-legal coercion.
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Karabanova, Elena N. "Problems of juvenile criminal liability." Gosudarstvo i pravo, no. 10 (2022): 100. http://dx.doi.org/10.31857/s102694520022615-7.
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Despite many years of discussion by scientists and practitioners, the issue of juvenile criminal liability remains relevant today. In the criminal legislation of the Soviet period, the peculiarities of the criminal responsibility of minors were regulated not by an independent institution, but by separate norms of various institutions of Criminal Law (chapters on crime, on punishment, on sentencing and on release from punishment, on compulsory medical and educational measures). With the adoption in 1996 of the Criminal Code of the Russian Federation, the regulation of juvenile criminal liability changed both in form and in content, which led to the appearance in the criminal law doctrine of heated discussions concerning the validity of certain legislative decisions. They have not stopped to this day. The article examines the effectiveness of measures of criminal law impact on juvenile criminals, proves the need to reduce the age of criminal responsibility for certain types of crimes, as well as the need to expand the application of criminal penalties not related to imprisonment to adolescents.
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Karović Babić, Merisa. "Zločin na Tuzlanskoj kapiji: Historijske činjenice, reakcije i negiranje odgovornosti." Historijski pogledi 6, no. 9 (June 20, 2023): 343–68. http://dx.doi.org/10.52259/historijskipogledi.2023.6.9.343.
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The cities of Bosnia and Herzegovina that were in the period 1992-1995. were under siege or surrounded by Serbian forces, were exposed to continuous mortar and artillery attacks from positions controlled by the VRS. Locations that were regarded as mass gathering places for people, such as markets, squares, schools, kindergartens, children's parks, hospitals, city transport vehicles were very often the targets of sudden shelling, which resulted in mass killings of civilians. Exactly the same methods were applied by the Serbian forces in all the cities that were declared safe zones by the United Nations. In this paper, applying a historical approach, the massacre at the Tuzla Gate was analyzed on May 25, 1995, which was one of the saddest days in the history of the city of Tuzla, when 71 civilians were killed and 173 civilians were wounded by shrapnel from a grenade fired from the direction of Ozren. , which represents the largest number of victims and the most massive crime from a single shell during the aggression against the Republic of Bosnia and Herzegovina. In addition to the indispensable interpretation of the political and military context at the time of the crime at the Tuzla Gate, and the then-current NATO attacks on the positions of the VRS, the work also deals with the analysis of the minutes of the investigation of the Prosecutor's Office and the Security Service Center of the MUP of RBiH, the investigative actions of the United Nations carried out on the ground the places immediately after the crime, the daily reports of UNPROFOR, as well as the reactions that followed this crime. Immediately after the massacre, representatives of investigative bodies, the Municipality of Tuzla, archival institutions, journalists, intellectuals and citizens of Tuzla made a significant contribution in documenting the facts of the crime committed. On the first anniversary of the massacre, 5/25/1996. In the book The Dawn Murder, photographs and short biographical data with a lot of emotional content about each victim, their occupation, an exact description of the circumstances of the crime, as well as the exact place where they were at the time of the crime were published. The smiles in the photos full of liveliness are forever stopped in their interrupted youth, but through the mentioned book, as well as through the permanent exhibition of the Kapija Memorial Center, they continue to live permanently in the memories of their fellow citizens of Tuzla, Bosnians and Herzegovina, with a message to future generations: You don't just live here to live, one does not live here only to die, one dies here to live. Respecting everything that the people of Tuzla have done in terms of memorialization of crimes, collective memory and memory, the mentioned activities can certainly serve as an example to other cities, where civilians were killed in the same or similar way. The Archives of the Tuzla Canton have important materials about the massacre, such as the “Tuzlanska Kapija” Collection of documents, and I am extremely grateful to the management and collaborators of the Archives for allowing me access to the said documentation. The judgment in the Đukić case (2009, 2010 and 2014) also offered very significant answers to crucial questions regarding the direction of the shelling, as well as the responsibility of Novak Đukić and TG Ozren for the aforementioned criminal offense, in which the aforementioned issues are discussed in an argumentative manner, with plenty of evidence. . Without major ambitions to enter into a discussion about the complexity of the mentioned case in relation to the question of how Đukić, even without having served his prison sentence, found himself free, we note that there was a lot of discussion about the incorrect application of the law (CZ BiH 2003-CZ SFRY 1976) regarding the height punishments, while the facts established in the Judgment were not called into question. The documentation that was used in the Đukić case was also available to me for research. It was extremely important to analyze the aforementioned material from the point of view of historians, and I am also very grateful to the associates of the Court of Bosnia and Herzegovina for providing it. A special research focus in this paper relates to the contextualization of the mentioned crime, the clarification of what preceded the massacre itself, as well as the reactions that followed. The paper is structured into five chapters, which deal with the circumstances that preceded the massacre at the Tuzla Gate, the killing of youth on Youth Day, investigations after the massacre, reactions and military intervention, while the final chapter discusses the revision of historical facts and the denial of the court verdict in the case. Novak Djukic.
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Fedorov, Aleksandr V., and Petr A. Litvishko. "Collective Criminal Liability in the Republic of Poland." Russian investigator 3 (March 22, 2018): 3–10. http://dx.doi.org/10.18572/1812-3783-2018-3-3-10.
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The article explores collective criminal liability in the Republic of Poland. The analysis of the relevant provisions of Polish law is preceded by a summary of the approaches to the understanding of collective criminal liability abroad, determining the interrelation of the notions of collective criminal liability and corporate criminal liability, defining the content of criminal liability of legal persons in the narrow and broad sense. The paper considers the substantive provisions of the Republic of Poland’s legislation regulating collective criminal liability (criminal liability of legal entities in a broad sense), as well as views of the Polish criminal law doctrine on the nature of such liability and prospects of improving its legal regulation.
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Movchan, R., O. Dudorov, D. Kamensky, A. Vozniuk, and T. Makarenko. "Criminal liability for illegal acts with amber: law-making and law-enforcement issues." Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, no. 3 (June 30, 2024): 197–203. http://dx.doi.org/10.33271/nvngu/2024-3/197.
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Purpose. Analyses of problematic issues of qualification and implementation of criminal liability provisions for the crime provided for in Article 240-1 of the Criminal Code of Ukraine, and elaboration on balanced recommendations for improving the current Criminal Code of Ukraine and the practice of applying its individual provisions. Methodology. A system of methods of scientific knowledge that ensured the achievement of the declared research goal (philosophical (dialectical), statistical, specifically sociological, modeling methods). Findings. Lawmaking and law enforcement problems have been identified, which significantly reduce the preventive and protective potential of Article 240-1 of the Criminal Code of Ukraine, in particular: recognizing illegal actions with amber as criminal ones independent of its value; lack of differentiation of criminal liability for committing the analyzed crime depending on the forms of complicity, as well as poor quality differentiation depending on the value of amber; lack of references to relevant provisions of regulatory legislation in procedural documents; imperfection of the sanctions provided by the considered criminal law prohibition; lack of proper individualization of criminal liability of convicted persons. Originality. The authors were the first in criminal law science to carry out a comprehensive study of the practice of applying Article 240-1 of the Criminal Code of Ukraine, which made it possible to identify issues of qualification and implementation of criminal liability for illegal actions with amber and, based on this, to put forward balanced recommendations for improving the current Criminal Code of Ukraine and the practice of applying its individual provisions on the regulation of liability for illegal actions with amber. Practical value. Based on the results of elaboration on the research piece, specific proposals have been developed which can be considered during further law-making regarding updating relevant provisions of the applicable criminal law and in the course of law enforcement actions. It has been argued that in order to improve the ban under study, it is necessary to strengthen criminal liability regime for the commission of the acts provided for in Part 1 of it in the case of their commission by a group of persons, organized group and on a large scale. It has been justified that the analyzed composition of the crime should be constructed as formal and material. It has been proven that law enforcement bodies should: a) indicate in the relevant procedural documents, firstly, not only the mass of amber, but also its value, secondly, refer to the acts of regulatory legislation, which establish the procedure for mining and circulation of amber; b) pay more attention to the individualization of criminal liability of guilty persons.
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Aryani, Fajar Dian. "Transisi Paradigmatik Korporasi dan Konstruksi Pertanggung Jawaban Kejahatan Korporasi Era Globalisasi." Kosmik Hukum 21, no. 3 (September 25, 2021): 213. http://dx.doi.org/10.30595/kosmikhukum.v21i3.12048.
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Globalization cannot be separated from corporations. The development of the corporation through its products has been able to "bewitch" various areas of people's lives, and even the development of the corporation has also given birth to new forms of crime, namely corporate crime. To the development of corporate crime, national law has responded by harmonizing the subject of criminal law. As a result, corporations are included as subjects of criminal law whose arrangements are contained in legislation outside the Criminal Code. Construction of corporate criminal responsibility in legislation outside the Criminal Code, namely the maker can be convicted if he has committed a criminal act as formulated in the law, regardless of how his inner attitude (strict liability) and the imposition of responsibility on someone for actions committed by people other, solely based on the relationship between the two people (vicarious liability). The construction of criminal liability in the statutory provisions governing criminal liability, there are provisions that apply only the strict liability doctrinal approach and the vicarious liability doctrinal approach, and/or apply both.Keywords: Corporation, strict liability, vicarious liability
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Aryani, Fajar Dian. "Transisi Paradigmatik Korporasi dan Konstruksi Pertanggung Jawaban Kejahatan Korporasi Era Globalisasi." Kosmik Hukum 21, no. 3 (September 25, 2021): 213. http://dx.doi.org/10.30595/kosmikhukum.v21i3.12048.
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Globalization cannot be separated from corporations. The development of the corporation through its products has been able to "bewitch" various areas of people's lives, and even the development of the corporation has also given birth to new forms of crime, namely corporate crime. To the development of corporate crime, national law has responded by harmonizing the subject of criminal law. As a result, corporations are included as subjects of criminal law whose arrangements are contained in legislation outside the Criminal Code. Construction of corporate criminal responsibility in legislation outside the Criminal Code, namely the maker can be convicted if he has committed a criminal act as formulated in the law, regardless of how his inner attitude (strict liability) and the imposition of responsibility on someone for actions committed by people other, solely based on the relationship between the two people (vicarious liability). The construction of criminal liability in the statutory provisions governing criminal liability, there are provisions that apply only the strict liability doctrinal approach and the vicarious liability doctrinal approach, and/or apply both.Keywords: Corporation, strict liability, vicarious liability
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Azarov, Denys. "Criminal liability and the tort liability under administrative law." NaUKMA Research Papers. Law 2 (December 18, 2018): 99–109. http://dx.doi.org/10.18523/2617-2607.2018.99-109.
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Gil, Damian. "Tajemnica spowiedzi w procesie karnym a odwołanie upoważnienia do sprawowania sakramentu pokuty w prawie kanonicznym." Krakowskie Studia Małopolskie 39, no. 3 (2023): 185–206. http://dx.doi.org/10.15804/ksm20230309.
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The article addresses the hitherto under-researched issue of the seal of confession in the criminal trial in the context of revoking the authority to administer the sacrament of penance in canon law. It turns out that the regulations of canon law and criminal trial are consistent in guaranteeing the inviolability of the seal of confession, known as the ‘sacramental seal’. Secrecy does not apply if the confessor is not a priest since only a priest can validly administer this sacrament. The article’s considerations also deal with other subjective and objective issues that have impact on seal of confession in canon law and criminal trial.
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Lykhova, Sofiia Ya, Tetiana D. Lysko, Olha I. Kosilova, Oleh V. Kyrychenko, and Oleksandr V. Shamara. "Criminal liability for corruption offenses." Informatologia 55, no. 1-2 (2022): 76–97. http://dx.doi.org/10.32914/i.55.1-2.7.
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Combating corruption offenses is one of the priorities of public policy not only in Ukraine but also in many foreign countries. The object of the study is the criminal law measures to combat and resistance corruption in Ukraine and some foreign countries. In carrying out this research, a comparative legal method is widely used. This method allows for a two-level analysis (empirical and theoretical) of legal systems of Ukraine and some foreign countries in terms of combating corruption by criminal law means. It also allows identify regularities of development of the criminal legislation of several countries and to establish correlation with the international standards of counteraction and prevention of a corruption criminal offense. During the conducted research it is revealed some disadvantages and advantages of Ukrainian legislation in terms of criminal law supply of effective means of preventing and combating corruption in Ukraine, it is found that modern criminal law of Ukraine meets international standards of anti-corruption policy generally, but there are some disadvantages in terms of unambiguous understanding of the elements of compositions of criminal corruption offenses, definition of terminological features, lack of a single conceptual approach within the legislative regulations at the level of criminal law and legislation.
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Mandil, Daniel M. "Chance, Freedom, and Criminal Liability." Columbia Law Review 87, no. 1 (January 1987): 125. http://dx.doi.org/10.2307/1122628.
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Shaffer, Catherine D. "Criminal Liability for Assisting Suicide." Columbia Law Review 86, no. 2 (March 1986): 348. http://dx.doi.org/10.2307/1122707.
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Colvin, Eric. "Corporate personality and criminal liability." Criminal Law Forum 6, no. 1 (1995): 1–44. http://dx.doi.org/10.1007/bf01095717.
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Sepioło-Jankowska, Iwona. "Corporate criminal liability in English law." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 6 (December 15, 2016): 135. http://dx.doi.org/10.14746/ppuam.2016.6.09.
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Ikhsan, M. Fahri, Antory Royan Adyan, and Hamzah Hatrik. "OPPORTUNITIES FOR IMPLEMENTING THE PRINCIPLE OF STRICT LIABILITY AS A BASIS FOR CORPORATE CRIMINAL RESPONSIBILITY IN ENVIRONMENTAL OFFENSES." Bengkoelen Justice : Jurnal Ilmu Hukum 13, no. 2 (December 10, 2023): 228–43. http://dx.doi.org/10.33369/jbengkoelenjust.v13i2.31091.
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Implicitly, the provisions in the Environmental Protection and Management Law (henceforth UUPPLH- Undang-Undang tentang Perlindungan dan Pengelolaan Lingkungan Hidup) regarding the principle of strict liability, as stated in Article 88 and its explanation, only regulate strict liability as a civil responsibility. The UUPPLH does not provide provisions on whether the principle of strict liability can be applied as a model for criminal liability, particularly for legal entities or corporations recognized as legal subjects in criminal law (rechtperson). This research aims to analyze and examine the implementation of the principle of strict liability in the UUPPLH and to analyze that violations of environmental offenses under the UUPPLH by corporate legal subjects can be subjected to strict liability as criminal responsibility. The criminal responsibility adopted by Law Number 32 of 2009 concerning Environmental Protection and Management still adheres to the principle of fault. Therefore, in applying the strict liability principle in court, it is only used for civil claims, and its use in criminal law enforcement is minimal, as evidenced by several court decisions. In conventional criminal law, criminal liability is based on fault, commonly known as the principle of no punishment without fault (geen straf zonder schuld). However, the principle of strict liability, as liability without fault, is also recognized as a fundamental principle in criminal responsibility.
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Merkushina, S. I. "Entrepreneurial Risks in Criminal Law." Russian Journal of Legal Studies 4, no. 4 (December 15, 2017): 38–44. http://dx.doi.org/10.17816/rjls18268.
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The article deals with the notion of «ordinary entrepreneurial risk», the possibility of using it as a criterion for distinguishing civil liability for non-fulfillment of obligations and criminal liability for criminal acts involving non-fulfillment of contractual obligations, the possibility of applying this concept in the sphere of the right regulation of social relations arising in connection with the commission of crimes, the ratio of ordinary business risk and reasonable risk (art. 41 of the Criminal Code of the RF).
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Widijowati, Rr Dijan, and Halim Darmawan. "CRIMINAL LIABILITY OF CORPORATE SHAREHOLDERS." International Journal of Law, Government and Communication 5, no. 20 (September 10, 2020): 69–79. http://dx.doi.org/10.35631/ijlgc.520004.
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Corporations in the form of Limited Liability Companies in Indonesia are regulated in Limited Liability Company Law No. 40 of 2007 concerning Limited Liability Companies, this Law regulates the liability of corporations and/or shareholders who commit acts against the law, but the liability that can be asked of shareholders does not exceed existing shares. This study uses normative legal research methods. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. For data analysis, the qualitative jurisdictional analysis method was used. From this research, it can be found that law enforcement against shareholders who commit acts against the law can be upheld and the outcome is that the action against the law which was originally a civil action and then turned into a criminal act. By using the Piercing, the corporate veil doctrine, shareholders who commit acts against the law can be sentenced to criminal and all their assets to cover the financial losses of the state due to their actions. It is universally applied on the basis of fraudulent acts carried out to rake in personal profit and by implementing civil forfeiture or civil recovery, the proceeds of crimes committed by shareholders are likely to be returned.
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Moș, Iasmina-Lavinia. "THE CONDITIONS OF CRIMINAL LIABILITY OF THE LEGAL PERSON." AGORA INTERNATIONAL JOURNAL OF JURIDICAL SCIENCES 18, no. 1 (June 30, 2024): 274–80. http://dx.doi.org/10.15837/aijjs.v18i1.6765.
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In this article I tried to summarize essential aspects regarding the criminal liability of the legal person. People can be involved in criminal legal relations, both individually and organized according to the law in the form of legal entities. One of the subjects of criminal liability according to the Criminal Code in force is the legal person. Since it is an active subject of the crime different from the natural person, naturally the conditions for the existence of his criminal liability are also different. Also, the legal person attracts a distinct form of liability, with specific features, which is subject to its own rules, separate from those applicable to the natural person. However, like the natural person, the legal person is subject to compliance with the fundamental principles of criminal law. The legal person participates as a distinct legal subject in the most varied legal relationships: civil, commercial, financial, administrative, banking and criminal. The introduction into Romanian criminal law of the criminal liability of the legal person took place through Law no. 278/2006, amending the Criminal Code from 1968. Currently, the Criminal Code in force dedicates Title VI to this legal institution entitled "Criminal liability of the legal entity". I chose this theme considering the challenges it entails and the issues it raises. I tried to answer some of them, such as the premises of the criminal liability of the legal person, showing how the criminal sanction was reached from the historical perspective of the legal person, I then explained the necessity that determines the regulation of such liability in criminal law, I explained the notion of a legal person, I have shown the conditions under which the criminal liability of the legal person is engaged and the way in which legal persons are sanctioned from a criminal point of view. I also presented a case in which the criminal prosecution of this subject of criminal law is practically illustrated.
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Hendrawati, Heni, Nurwati Nurwati, and Budiharto Budiharto. "Children's Criminal Responsibilities: Comparative Study in Islamic and Criminal Law." Varia Justicia 14, no. 2 (October 29, 2018): 101–8. http://dx.doi.org/10.31603/variajusticia.v14i2.2417.
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The study of criminal liability against child offenders based on Law No. 11 of 2012 concerning the Criminal Justice System of Children and according to Islamic Criminal Law is a very interesting phenomenon to study, especially during this time many phenomena of a minor underage sitting in the accused and detained like a big villain just because of a trivial matter. This study includes the type of research library research, so in this study, researchers conducted data collection through the study and library research on books relating to the problems the authors studied. In analyzing this study, the authors used a comparative method that is comparing child criminal liability in positive criminal law based on Law No. 11 of 2012 concerning the Child Criminal Justice System, with child criminal liability in Islamic criminal law. In Islamic law, a child will not be subject to a punishment for the crime he committed, because there is no legal responsibility for a child of any age until he reaches the age of baliq, qadhi will only have the right to reprimand him or set some restrictions for him to help improve the child in the future. It is expected that this research can contribute to the renewal of national criminal law, especially regarding criminal liability committed by children, taking into account the concepts in Islamic criminal law.
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Fletcher, G. P. "The Theory of Criminal Liability and International Criminal Law." Journal of International Criminal Justice 10, no. 5 (November 30, 2012): 1029–44. http://dx.doi.org/10.1093/jicj/mqs086.
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Власов, Илья, and Ilya Vlasov. "On Introduction in Russia of the Institute of Criminal Liability for Legal Persons (Corporations)." Journal of Russian Law 3, no. 11 (November 11, 2015): 0. http://dx.doi.org/10.12737/14373.
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The number of European countries which have included into their national legislation the provision on criminal liability for legal persons (corporations) has been continuously growing. The following countries remain essential supporters of preserving criminal liability for individual guilt: Germany, Russia, Italy, and, may be, Poland, where after the adoption of the Law on Liability of Collective Entities for punishable offences, the Constitutional Tribunal in 1994 adopted the decision to consider this liability to be not criminal, but sui generis. Some Russian legal theorists were quick to support the tendency to recognize the practicability of introducing criminal liability for legal persons in spite of centuries-old traditions of liability for a personal guilt that is characteristic of the criminal law of the European continental countries. This can be explained by an excessive influence of the Anglo-Saxon common law countries, whose representatives went all out during the preparation of many international conventions to include into them the provisions that require establishing criminal liability for legal persons in national legislations of the European countries. But none of such conventions mentions the basis for criminal liability of legal persons. They fail to mention this fact, otherwise they would have to state that such liability suggests only strict liability. The author of the article tries to prove the irrelevancy of the above-mentioned type of liability in Russia with its rather effective administrative law and fairly solid provisions of the civil legislation which help to efficiently fight the damage incurred by legal persons (corporations) to different entities protected by the law. Introduction of the provisions on criminal liability for legal persons into the Russian criminal legislation touches upon the foundation on which all types of legal liability in this country are based on, as well as domestic centuries-old traditions, for it is not possible, without changing anything in the principal structure of the criminal responsibility, to simply include, without solid justification of the adopted changes, a new provision into the Criminal Code of the Russian Federation, in which only a range of criminal acts for which legal persons may be liable would be outlined, without indicating grounds for their criminal liability, in contrast with the grounds for the liability of physical persons.
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Gumenyuk, V. V. "LAW ENFORCEMENT OF CERTAIN PROVISIONS IN CASES OF RELEASE FROM CRIMINAL LIABILITY." Соціальний Калейдоскоп 2, no. 1 (July 10, 2022): 108–22. http://dx.doi.org/10.47567/bomivit.2-1.2022.08.
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The article is devoted to the study of the application of certain provisions in cases of exemption from criminal liability.
It is stated that the issue of law enforcement of the investigated provisions in cases of exemption from criminal liability is relevant, not only from the standpoint of implementing the basic principles of criminal punishment, but also from a praxeological standpoint of application of relevant relevant provisions of criminal law. It is established that the provisions on the release of a person from criminal liability are determined by Articles 44 – 49 of Section IX of the Criminal Code of Ukraine.
It is proved that exemption from criminal liability is a refusal of the state to apply to a person who has committed a crime, statutory restrictions on certain rights and freedoms by closing a criminal case carried out by a court in cases under the Criminal Code of Ukraine in accordance with the Criminal Procedure Code Of Ukraine (Resolution of the Plenum of the Supreme Court of Ukraine of December 23, 2005 № 1 "On the practice of application by the courts of Ukraine of the legislation on release of a person from criminal liability"). It is also established that a person who has committed a criminal offense is released from criminal liability: a) only in cases provided by the Criminal Code of Ukraine; b) such exemption from criminal liability occurs only in cases provided by this Code; c) such dismissal is carried out exclusively by a court (Article 44 of the Criminal Code of Ukraine).
Exemption from criminal liability is characterized by the following features: a) it does not involve state conviction of the person who committed the crime (conviction is not passed); b) no punishment is applied to the perpetrator; c) due to the absence of a conviction, a person released from criminal liability is considered to have no criminal record.
It is proved that the general part of the Criminal Code of Ukraine provides, in particular, for the following cases of release of a person from criminal liability: in connection with effective repentance (Article 45); in connection with the reconciliation of the perpetrator with the victim (Article 46); in connection with the transfer of a person on bail (Article 47); in connection with a change of circumstances (Article 48); in connection with the expiration of the statute of limitations (Article 49). At the same time, a detailed consideration of the above cases allowed us to explore important aspects and features of their implementation.
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Gumenyuk, V. V. "LAW ENFORCEMENT OF CERTAIN PROVISIONS IN CASES OF RELEASE FROM CRIMINAL LIABILITY." Соціальний Калейдоскоп 2, no. 3-4 (September 30, 2022): 108–22. http://dx.doi.org/10.47567/2709-0906.3-4.2022.108-122.
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The article is devoted to the study of the application of certain provisions in cases of exemption from criminal liability.
It is stated that the issue of law enforcement of the investigated provisions in cases of exemption from criminal liability is relevant, not only from the standpoint of implementing the basic principles of criminal punishment, but also from a praxeological standpoint of application of relevant relevant provisions of criminal law. It is established that the provisions on the release of a person from criminal liability are determined by Articles 44 – 49 of Section IX of the Criminal Code of Ukraine.
It is proved that exemption from criminal liability is a refusal of the state to apply to a person who has committed a crime, statutory restrictions on certain rights and freedoms by closing a criminal case carried out by a court in cases under the Criminal Code of Ukraine in accordance with the Criminal Procedure Code Of Ukraine (Resolution of the Plenum of the Supreme Court of Ukraine of December 23, 2005 № 1 "On the practice of application by the courts of Ukraine of the legislation on release of a person from criminal liability"). It is also established that a person who has committed a criminal offense is released from criminal liability: a) only in cases provided by the Criminal Code of Ukraine; b) such exemption from criminal liability occurs only in cases provided by this Code; c) such dismissal is carried out exclusively by a court (Article 44 of the Criminal Code of Ukraine).
Exemption from criminal liability is characterized by the following features: a) it does not involve state conviction of the person who committed the crime (conviction is not passed); b) no punishment is applied to the perpetrator; c) due to the absence of a conviction, a person released from criminal liability is considered to have no criminal record.
It is proved that the general part of the Criminal Code of Ukraine provides, in particular, for the following cases of release of a person from criminal liability: in connection with effective repentance (Article 45); in connection with the reconciliation of the perpetrator with the victim (Article 46); in connection with the transfer of a person on bail (Article 47); in connection with a change of circumstances (Article 48); in connection with the expiration of the statute of limitations (Article 49). At the same time, a detailed consideration of the above cases allowed us to explore important aspects and features of their implementation.
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Kozachenko, I. Ya, and D. N. Sergeev. "Criminal Liability in Conflictological Discourse." Lex Russica, no. 9 (September 18, 2020): 49–62. http://dx.doi.org/10.17803/1729-5920.2020.166.9.049-062.
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The paper deals with the history of criminal law and criminal liability in conflictological discourse. On the basis of ideas of legal pluralism, the authors investigate the transformation of the criminal and legal mechanism of conflict resolution from ancient times to the present. They study the customs of exile, blood vengeance, blood reconciliation, as well as a number of other customs of Amazonia and North America. The paper explains that such customs remain until now due to the expressed compensatory character and evaluates the origins of ritualization of conflict resolution procedures in ancient society. The authors examine the circumstances of the disappearance of the victim concept from repentant law, as well as the borrowing of the religious concept of responsibility not before the victim, but before the suzerain by secular law.The authors note that many generations of lawyers have formed their professional consciousness under the influence of an indispensable formal cliché: for the committed crime the perpetrator must be held criminally liable not before the injured person, but before the State that is not in the least at times guilty of failing to provide the victim with a safe life. Few doubted that the postulate given is the only one true. This example of survivability of ancient criminal law customs demonstrates the interest of society in alternative ways of solving criminal law disputes. The authors conclude that legal pluralism is natural for the area of criminal law due to the expressed compensatory tendency in the society’s perception of criminal liability. The penetration of compensatory elements into modern criminal law is assessed as a positive and only possible trend of further criminal law development.
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Nurjannatul Fadhilah, Aria Zurnetti, and Nani Mulyati. "Pertanggung jawaban Pidana Korporasi Pada Tindak Pidana Perbankan Dalam Rangka Pembaruan Hukum Pidana." Lareh Law Review 2, no. 1 (June 27, 2024): 1–14. http://dx.doi.org/10.25077/llr.2.1.1-14.2024.
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Previously banking crimes committed by corporations tended to be difficult to enforce, because corporations weren’t the subject of criminal law, either according to the Criminal Code or the Banking Law. In order to reform the national criminal law, the government then promulgated the National Criminal Code and the PPSK Law which introduced a renewal of thought in the Indonesian criminal law regime. The reform led to a shift in the position of corporations as subjects of banking crimes. The issues raised are: 1) How does the position of corporations shift as the subjects of banking crime after the National Criminal Code and the PPSK Law?; 2) How is corporate criminal liability in banking crimes after the National Criminal Code and the PPSK Law? This research uses normative juridical methods through statue approach, and conceptual approach. The results obtained from this study include that after the National Criminal Code and the PPSK Law, the position of corporations as subjects of banking crimes has shifted from previously not recognized in the Criminal Code or Banking Law, now it has been recognized as a subject of banking crimes, so that the principle of delinquere non potest university used by the previous Criminal Code is no longer relevant in the new Indonesian criminal law paradigm. Then the National Criminal Code and the PPSK Law basically use three forms of corporate criminal liability, namely: criminal liability is imposed on corporations only, criminal liability is imposed on individual only, or liability is imposed on both (corporation and individual).
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Drumbl, Mark A. "Extracurricular International Criminal Law." International Criminal Law Review 16, no. 3 (May 27, 2016): 412–47. http://dx.doi.org/10.1163/15718123-01603005.
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This article unpacks the jurisprudential footprints of international criminal courts and tribunals in domestic civil litigation in the United States conducted under the Alien Tort Statute (ats). The ats allows victims of human rights abuses to file tort-based lawsuits for violations of the laws of nations. While diverse, citations to international cases and materials in ats adjudication cluster around three areas: (1) aiding and abetting as a mode of liability; (2) substantive legal elements of genocide and crimes against humanity; and (3) the availability of corporate liability. The limited capacity of international criminal courts and tribunals portends that domestic tort claims as avenues for redress of systematic human rights abuses will likely grow in number. The experiences of us courts of general jurisdiction as receivers of international criminal law instruct upon broader patterns of transnational legal migration and reveal an unanticipated extracurricular legacy of international criminal courts and tribunals.
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Stepanenko, Oksana, Andriy Stepanenko, and Maryna Shepotko. "Criminal Liability for Provoking Bribery." Cuestiones Políticas 39, no. 69 (July 17, 2021): 492–512. http://dx.doi.org/10.46398/cuestpol.3969.31.
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In modern conditions of development of public relations complication of activity of law enforcement agencies is observed. This is due to new challenges in the law enforcement system, including the fight against high levels of the organization and the criminal professionalism of corrupt individuals. Because of this, it is challenging for operational units to identify specific facts of illegal actions with the help of operational and investigative measures. At the same time, the fight against crime by establishing high quantitative indicators of disclosure remains one of the principles of law enforcement in Ukraine, including sometimes deviating from those means established by law. Therefore, the problem of provoking bribery is relevant for scholars of the legislator and law enforcement. The object of the study is criminal liability for provoking bribery. The research methodology consists of such methods as the dialectical method, analytical method, historical method, method of analysis of legal documents, articles, and monographs, method of generalization, comparison, synthesis, and modeling method. The authors identified the features of such liability to clarify the problematic issues of qualification of provoking bribery, and to distinguish the distinctive features of prosecution from other types of crimes.
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Zorina, Elena. "The principle of inevitability of criminal responsibility and issues of its exemption." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2023, no. 1 (March 30, 2023): 66–74. http://dx.doi.org/10.35750/2071-8284-2023-1-66-74.
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The article is devoted to the consideration of the implementation of the principle of the inevitability of criminal liability at the institute of exemption from criminal liability. The relevance of the topic is caused by the wide practice of applying norms on exemption from criminal liability and, as a result, the controversy that has been going on for several years in scientific area about the advisability of consolidating the above principle in the criminal legislation of Russia. The purpose of the work is to study the relationship between the principle of inevitability of criminal liability and the institution of its exemption, its implementation in the specified criminal law institute. In addition, using logical-legal, comparative-legal, structural and statistical research methods, the study analyzes various points of view of legal scholars on the
designated problem, indicates the relationship of this principle with some other principles of criminal law in this criminal law institute. The author concludes that the criminal law institute under consideration and the above principle do not contradict each other, the former principle being a continuation of the latter. The inevitability of responsibility should be taken precisely through the prism of solving a crime, which allows to combine harmoniously the principle under the study and the institution of exemption from criminal liability in the current criminal law. In order to improve the effectiveness of the exemption of criminal liability from criminal law norms in the context of its inevitability, the article gives the author’s proposals for improving criminal law norms.
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Carwan and Sari Indah Lestari. "Pertanggungjawaban Pidana Korporasi dan Pengurusnya dalam Penegakan Kerusakan Lingkungan Hidup akibat Limbah B3." Syntax Idea 5, no. 11 (November 29, 2023): 2130–45. http://dx.doi.org/10.46799/syntax-idea.v5i11.2720.
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Environmental damage often involves corporations as industrial actors, and legislation in Indonesia has recognized corporations as legal subjects that can be held criminally responsible. This research aims to explore and analyze the concept of corporate criminal liability in the context of environmental damage caused by B3 waste in Indonesia. The main focus of the research is on the legal provisions governing environmental crimes, with special emphasis on Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH), Law Number 41 of 1999 concerning Forestry (UU Forestry), and Law -Law Number 39 of 2014 concerning Plantations (Plantation Law). This research examines Gillies' view which states that corporations can be considered "persons" in the eyes of the law, which allows the imposition of criminal liability on corporations as legal entities. However, the concept of corporate criminal liability, especially through the doctrine of "Vicarious/Derivative Individual Liability," raises questions about justice and ethics in criminal law enforcement. This research uses legal document and literature analysis methods to evaluate the relevance, effectiveness and fairness of the concept of corporate criminal liability in the context of environmental damage caused by B3 waste. The research results show that in a theoretical context, criminal liability of corporations and corporate administrators has a different conceptual basis. However, in practice, the construction of vicarious or derivative individual responsibility often causes law enforcers to attribute corporate criminal liability to corporate administrators without considering personal fault. This creates ambiguity between the criminal liability of corporations and corporate administrators, considering that both have different conceptual bases.
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Федоров, А. В. "Criminal liability of legal entities according to Norwegian law." Расследование преступлений: проблемы и пути их решения, no. 4(42) (December 29, 2023): 9–23. http://dx.doi.org/10.54217/2411-1627.2023.42.4.001.
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Статья посвящена законодательству Норвегии об уголовной ответственности юридических лиц. Рассматриваются вопросы формирования и развития норвежского законодательства об ответственности юридических лиц. Отмечается, что уголовное законодательство Норвегии не полностью кодифицировано. Наряду с уголовным кодексом имеются и другие законы, содержащие уголовно-правовые нормы. Устанавливающие ответственность юридических лиц нормы впервые включены в Уголовный кодекс Норвегии в 1991 г., ранее она предусматривалась только иными законами. Уголовная ответственность предприятий рассматривается в Норвегии как применение к юридическому лицу уголовных санкций (штраф, лишение права осуществлять деятельность или отдельные её виды, конфискация) в случае совершения уголовных правонарушений (уголовно наказуемых деяний). Принятый в 2005 г. новый Уголовный кодекс Норвегии определяет общие условия применения к предприятиям уголовных санкций за совершение уголовных правонарушений. В настоящее время уголовная ответственность юридических лиц предусмотрена в Норвегии как Уголовным кодексом 2005 г., так и иными законами и сопоставимыми с ними актами. Субъектами уголовной ответственности признаются только юридические лица частного права – предприятия. Рассмотрены условия привлечения к уголовной ответственности предприятий, применяемые к предприятиям санкции, уголовно-процессуальный порядок привлечения предприятий к уголовной ответственности. Отмечается, что привлекаемые к уголовной ответственности предприятия имеют процессуальный статус обвиняемого. Уголовные дела в отношении предприятий расследуются в том же порядке, что и дела в отношении физических лиц. При этом права предприятия как обвиняемого реализуются его представителем. Приводятся и анализируются судебные решения о привлечении предприятий к уголовной ответственности. The article is devoted to the Norwegian legislation on criminal liability of legal entities. The issues of formation and development of Norwegian legislation on the liability of legal entities are considered. It is noted that Norwegian criminal legislation is not fully codified. Along with the Criminal Code, there are other laws containing criminal law norms. The norms establishing the liability of legal entities were first included in the Norwegian Criminal Code in 1991, previously it was provided for only by other laws. Criminal liability of enterprises is considered in Norway as the application of criminal sanctions to a legal entity (fine, deprivation of the right to carry out activities or certain types of activities, confiscation) in the case of criminal offenses (criminally punishable acts). The new Norwegian Criminal Code adopted in 2005 defines the general conditions for applying criminal sanctions to enterprises for committing criminal offenses. Currently, the Criminal Code of 2005 and other laws and comparable acts provide the criminal liability of legal entities in Norway. Only legal entities of private law – enterprises – are recognized as subjects of criminal liability. The article considers the conditions for bringing enterprises to criminal liability, the sanctions applied to enterprises, and the criminal procedure order for bringing enterprises to criminal liability. It is noted that the enterprises brought to criminal liability have the procedural status of the accused. Criminal cases against enterprises are investigated in the same manner as cases against individuals. In this case, its representative exercises the rights of the enterprise as an accused. Court decisions on bringing enterprises to criminal responsibility are presented and analyzed.
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Fedorov, Aleksandr V., and Mikhail V. Krichevtsev. "The History of the Development of the French Laws on Criminal Liability of Legal Entities." Russian investigator 1 (February 1, 2018): 46–56. http://dx.doi.org/10.18572/1812-3783-2018-1-46-56.
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The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.
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Андрей Анатольевич, Арямов. "Canon law of the Eastern Roman Empire as a historical source of domestic criminal law." NORTH CAUCASUS LEGAL VESTNIK 1, no. 3 (September 2023): 122–41. http://dx.doi.org/10.22394/2074-7306-2023-1-3-122-141.
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The purpose of this work is to refute the point of view of a number of theorists about the legal "backwardness" and programmed implementation doom of domestic public (and, above all, criminal) law. In this article, the author declares and argues the thesis that domestic criminal law (Russian/Russian) was initially, from the moment of its formation, based on the traditions of classical Roman law in its most developed Byzantine form. The reception of Roman law into Russian criminal law was carried out in two directions: canon law and secular law. And if the vector of Byzantine influence on the development of secular criminal law has faded over time, then canon law continues to test it to this day. As a result, the author substantiates the conclusion that understanding the true historical roots of the formation of domestic law forms the foundation for its development at the moment and frees the reform of Russian criminal law from artificially imposed dependence on the trends of development of European public law.
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Duff, R. A. "Choice, Character, and Criminal Liability." Law and Philosophy 12, no. 4 (November 1993): 345. http://dx.doi.org/10.2307/3504954.
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Duff, R. A. "Choice, character, and criminal liability." Law and Philosophy 12, no. 4 (November 1993): 345–83. http://dx.doi.org/10.1007/bf01000637.
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