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Journal articles on the topic 'Criminal liability'
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1
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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Žatecká, Eva. "Selected aspects of criminal liability of legal persons." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, no. 7 (2013): 2983–88. http://dx.doi.org/10.11118/actaun201361072983.
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This paper will address issues of corporate criminal liability in terms of enterprises. Criminal liability of legal persons is now a major problem that must deal the enterprises with. The contribution points out the major issues associated with this topic when the legal person may be held criminally responsible and how we can prevent such criminal liability. This issue arises with several questions that need to be pointed out. For example, what are the conditions of the criminal liability of the enterprises, which criminal offenses can be committed, or is it possible to prevent such criminal responsibility, etc. These issues will be the subject of discussion and contribution to current findings. The issue is very new; we have the new act on criminal liability of legal persons effective from 1st January 2012, so the author hopes this paper brings some new solutions and possible matters for discussions.
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Чан Тхи Ту Ань and Chan Tkhi Tu An. "CRIMINAL LIABILITY AS PROVIDED FOR UNDER THE LAWS OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF VIETNAM: AGE LIMITATIONS." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16142.
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Criminal responsibility is one of the types of legal responsibility. State agencies apply it to persons for the commission of a crime. Imposing of criminal penalties on a juvenile who has committed a socially — dangerous act is a challenging problem in criminal legislations in all countries. Age is one of a criminal’s mandatory basic characteristics that influences the differentiation of criminal responsibility for persons, who committed crime. The issue of determining the minimum and general age threshold for juveniles’ criminal responsibility is recognized to be a challenging problem. The article analyzes the importance of the age of criminals and the age of juveniles who commit crimes, for differentiation of their criminal responsibility, regulated by the Criminal Codes of the Russian Federation and the Socialist Republic of Vietnam. The author analyzes the problem of age determining when a person becomes criminally liable. The author provides recommendations on making alterations and amendments, related to determination of age limits for criminals, into the criminal legislations of Russia and Vietnam. The purpose of this article is the analysis of the age for criminal responsibility and the age of juveniles, the problem of lowering the minimum age of a criminal, and also the issue of dividing juveniles into several age groups. On the basis of the analysis, the author proposes improvements to the provision about the age of criminal responsibility in general, and the age of juveniles in particular.
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Muzyka, V. V. "COMPARATIVE ANALYSIS OF MINORS’ CRIMINAL LIABILITY IN SOME EUROPEAN COUNTRIES." Scientific Herald of Sivershchyna. Series: Law 2022, no. 3 (December 14, 2022): 113–23. http://dx.doi.org/10.32755/sjlaw.2022.03.113.
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The article carried out a comparative analysis of minors’ criminal liability in the Federal Republic of Germany, the Kingdom of Belgium, the Portuguese Republic and the Kingdom of the Netherlands. Common and distinctive features in the system of minors’ criminal liability in these states are identified. It is noted that in each of these countries, the criminal liability of minors will differ slightly, such as the age at which a person can be held criminally liable or the types of punishments that can be applied to them. This difference can be both minimal and significant. It was determined that in the Netherlands and Portugal, a minor who has not reached the age of criminal liability (twelve years in the Netherlands and sixteen years in Portugal) cannot be held criminally liable under any circumstances. At that time, the relative criminal age in Germany is fourteen years, and in Belgium it is the age of sixteen. The following conclusions were made: the age of criminal liability is absolute in some countries and relative in others; the criminal law applicable to minors contains few criminal sanctions, in all the countries studied, the measures applied to minor offenders are mainly educational and disciplinary; in some countries it is possible to lower or increase the age of criminal liability. Proposals are made taking into account positive foreign experience regarding the improvement of national legislation. Namely, it is proposed to amend Article 22 of the Criminal Code of Ukraine by adding part 3 with the following wording: “Persons who committed criminal offenses between the ages of eighteen and twenty-one, if at the time of committing a criminal offense their moral and intellectual development was similar to minors, by court decision may be subject to criminal liability in the manner determined by Chapter XV of this Code”. Key words: minors’ criminal liability, comparative analysis, the Federal Republic of Germany, the Kingdom of Belgium, the Portuguese Republic, the Kingdom of the Netherlands.
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Yumanto, Bina. "MEMAHAMI KONSEP DAN SUBJEK PERTANGGUNGJAWABAN PIDANA DALAM PASAL 39A UNDANG-UNDANG NOMOR 28 TAHUN 2007 TENTANG PERUBAHAN KETIGA UNDANG-UNDANG NOMOR 6 TAHUN 1983 TENTANG KUP." Scientax 3, no. 1 (October 28, 2021): 159–88. http://dx.doi.org/10.52869/st.v3i1.250.
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In various cases of tax criminal acts, the board of directors is often subject to criminal liability on the grounds of being a signatory to the Tax Return (and/or Tax Invoice) and as a corporate organ that is deemed responsible for all company policies, activities, and operations. In addition, some cases of Tax Criminal Investigation impose criminal responsibility on the board of directors based on evidence of signature in the Tax Return and consideration of the principle of vicarious liability, which is the expansion or representation of liability for compensation under Private Law. This study aims to analyze the criminal liability doctrine adopted by Article 39A of Law Number 28 of 2007 concerning the Third Amendment to Law Number 6 of 1983 concerning General Provisions and Tax Procedures (UU KUP) and whether corporations can be held criminally liable in the offense of that Article. The theory and concepts used are criminal liability and analysis of the elements of Article 39A of the UU KUP, the main doctrines of criminal liability, the definition of legal entities, corporate taxpayers, and corporate liability. The results of the study found that corporate taxpayers as corporations are the subject of criminal liability in Article 39A, in addition to individuals, and Article 39A adheres to the principle of no crime without guilt.
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Fedorov, Aleksandr V. "Criminal Procedure Issues of Collective Criminal Liability in the Republic of Poland and Prospects of Improvement of Polish Laws on Collective Criminal Liability." Russian investigator 4 (April 26, 2018): 74–80. http://dx.doi.org/10.18572/1812-3783-2018-4-74-80.
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The article explores the criminal procedure aspects of collective criminal liability in the Republic of Poland and includes an analysis of the relevant provisions of Polish legislation, including the Act on the Liability of Collective Entities for Acts Prohibited under Penalty of 28 October 2002 and the Criminal Procedure Code of the Republic of Poland. The publication contains the data on the practice of making collective entities in the Republic of Poland criminally liable. It reflects Polish specialists’ critical assessments of the corporate criminal responsibility form implemented in Poland, and considers the available proposals to improve Polish law regulating collective criminal liability.
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Sari, Nur Khalifah Agustin. "Criminal Liability for Corporate Crime in Indonesia." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 5, no. 1 (June 20, 2023): 867–74. http://dx.doi.org/10.37680/almanhaj.v5i1.2687.
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Criminal liability for corporate crime in Indonesia has become a topic of increasing interest and importance in recent years. The issue is particularly relevant given the rapid growth of the Indonesian economy and the expanding role of corporations in the country's development. The purpose of this abstract is to provide an overview of the current legal framework in Indonesia for holding corporations criminally liable for their actions, as well as to examine some of the challenges and opportunities associated with enforcing corporate criminal liability in practice. The main sources of corporate criminal liability in Indonesia are the Criminal Code and the Law on Limited Liability Companies. Under these laws, corporations can be held criminally liable for a wide range of offenses, including corruption, environmental crimes, and labor violations. However, the legal framework for corporate criminal liability in Indonesia is still relatively new and untested, and there are a number of challenges to effective enforcement, including limited resources and capacity within law enforcement agencies. Despite these challenges, there are also opportunities for improving the enforcement of corporate criminal liability in Indonesia. For example, recent efforts by the government to strengthen anti-corruption measures and improve transparency and accountability in the business sector have the potential to create a more favorable environment for enforcing corporate criminal liability. Additionally, there is growing awareness among both the public and private sectors of the importance of corporate social responsibility and ethical business practices, which could help to promote greater compliance with the law. In conclusion, while there are challenges to enforcing corporate criminal liability in Indonesia, there are also opportunities for improving the legal framework and enhancing enforcement efforts. The successful implementation of corporate criminal liability will require a collaborative effort between the government, law enforcement agencies, and the business sector to ensure that corporations are held accountable for their actions and that the rule of law is upheld.
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Latysheva, L. A. "Features of differentiation and individualization of criminal liability of women." Courier of Kutafin Moscow State Law University (MSAL)), no. 3 (June 3, 2024): 144–54. http://dx.doi.org/10.17803/2311-5998.2024.115.3.144-154.
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Gender specificity and the special social status of women determine a slightly different approach to the implementation of criminal liability than other categories of persons. In this context, we are talking about differentiation and individualization of the criminal liability of women. Through an analysis of the main features of criminal liability, tools that are important for implementing a differentiated approach and individualizing criminal liability are identified, in particular criminal punishment and other measures of a criminal legal nature. It has been established that the criterion for differentiation is the gender aspect, which is reflected in the amount and types of punishments and other criminal legal measures applied to women. In turn, the criterion for individualization is taking into account the characteristics, specific needs, and problems of individual categories of women. In this regard, female criminals are divided into separate subcategories depending on a number of criteria, which are: age, health, ability to work, reproductive function, etc. In a particular study, the emphasis is on taking into account the reproductive function of a woman. The final part of the work presents a number of recommendations for improving criminal legislation in the field of implementing a differentiated approach to the implementation of criminal liability for women.
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Barnard, Jayne W. "Corporate Criminal Liability." Proceedings of the International Association for Business and Society 10 (1999): 297–308. http://dx.doi.org/10.5840/iabsproc19991028.
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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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Mahendra, Januar Rahadian, and Novi Nurviani. "Criminal Liability of Postal Services in Transito Narcotics." Wacana Hukum 30, no. 1 (March 29, 2024): 17–34. http://dx.doi.org/10.33061/wh.v30i1.9877.
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This study analyzes the criminal liability of postal services in the criminal act of narcotics transito.The purpose of this study is to find out how the criminal liability of goods delivery services, especially posts in the criminal act of narcotics transito. Based on the results of research and discussion, it can be seen that the goods delivery service can be subject to criminal liability if he knows that the goods sent are narcotics but if the goods delivery service does not know that the goods sent are narcotics then it cannot be subject to criminal liability, this is in accordance with Article 29 of the Postal Law. Although the delivery service cannot be held criminally liable if he does not know that the goods sent are narcotics, he can still be held legally liable, namely as a witness.
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Fedorov, Aleksandr V. "THE HUNGARIAN LAWS ON BRINGING LEGAL ENTITIES TO CRIMINAL LIABILITY." Russian investigator 8 (August 21, 2019): 73–80. http://dx.doi.org/10.18572/1812-3783-2019-8-73-80.
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The article is dedicated to the issues of introduction of criminal liability of legal entities in Hungary. Attention is paid to the fact that the establishment of criminal liability of legal entities in this country has been largely caused by the need for bringing its national laws in compliance with the provisions of a number of acts of the European Union (EU) and its membership in the Organization for Economic Cooperation and Development (OECD). The Hungarian legal acts on criminal liability of legal entities are reviewed; the main of them are the special omnibus law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001 which came into effect on May 1, 2004, and contains provisions of criminal and criminal procedure law as well as the Hungarian Criminal Code 2012 which came into effect on July 1, 2013. It is indicated that under the Hungarian laws, a legal entity is a criminal liability subject criminal law measures are applicable to. At the same time, it is highlighted that not all legal entities can be held criminally liable. It is noted that criminal liability of legal entities is possible in case of any willful violation of the Hungarian Criminal Code by an individual acting in the interests of a legal entity in case of the presence of conditions stipulated by the law. Criminal law measures applicable to legal entities are named: liquidation, fine, restriction of activity. A conclusion is made that in Hungary, criminal liability of a legal entity is understood as application of criminal law measures to a legal entity by court in the course of a criminal procedure in the event of a willful crime (criminally punishable act) committed by an individual acting in the interests of the corresponding legal entity upon the presence of conditions stipulated by the law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001.
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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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Karabanova, Elena. "Problems of Systemic Penalization (Using the Example of Differentiating Criminal Liability for Crimes with Many-Object Corpus Delicti)." Russian Journal of Criminology 13, no. 2 (April 26, 2019): 271–82. http://dx.doi.org/10.17150/2500-4255.2019.13(2).271-282.
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The author examines the issues of differentiating criminal liability in connection with an additional object in corpus delicti. It is shown that each modern criminal law has its own penological system, i.e. an interconnected system of sanctions in the Special Part of criminal law and the criminal law institutes of punishments, other criminal law measures, the exemption from criminal liability and from punishment. When constructing the sanctions of some criminal law norm, the lawmaker should keep it in mind that this is an element of the criminal law’s penological system, and that its introduction or change will have an impact on the system as a whole. Besides, it is necessary to observe the methodological principle of systemic balance, which presupposes the mutual relativity of the strictness of sanctions and the influence which the institutes of punishment, other criminal law measures, the exemption from criminal liability and from punishment have on the actual strictness of criminal liability. The author demonstrates the principle of systemic balance using the example of penalizing multi-object crimes with aggravating circumstances. Special attention is paid to the methodology that would be appropriate for the assessment of the systemic character of multi-object crimes. Besides, it is recommended to use such numeric parameters as the median of punishment, the increase coefficient of the median of punishment and the increase coefficient for criminal liability. The author uses special methodology to calculate the increase coefficients for criminal liability in all the cases of differentiating liability based on the features that determine the multi-object character of crime. The method of mathematical statistics is used to analyze the obtained coefficients: to determine the scope of their variation for crimes with a single attribute, and to calculate the range, arithmetic mean, median and mode of the values in the number series of coefficients for each of the attributes. The author concludes that a cross-cutting analysis of liability’s differentiation without taking into account the homogeneity of key corpus delicti of crimes makes it possible to state, with a certain margin of error, the existing public assessment of the degree of public danger of each of the aggravating attributes that determine the multi-object character of crime; to identify the cases of gross violations of the systemic principle for the differentiation of liability in the current legislation; to model the approximate guidelines for differentiating liability when criminal law norms are changed or a new criminal law is adopted. Scaling the coefficients for raising the level of criminal liability and studying their dynamics could be used as one of the methods for monitoring the criminal law policy of the Russian Federation.
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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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Supriyanto, Hadi. "The nature of corporate crime in law enforcement of the criminal justice system in Indonesia." Jurnal Hukum Volkgeist 4, no. 2 (June 14, 2020): 166–79. http://dx.doi.org/10.35326/volkgeist.v4i2.670.
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Law in its nature is not only used to control conduct that already occurs in society and sustain established behaviors patterns, but the law often contributes to its use as a means. The study revealed 1). Corporate Criminal Liability was an attempt to put the company in the sense of Equality Under the law with a view to achieving legal certainty, fairness and usefulness, 2) Control of corporate criminal penalties was implemented in several laws through a common formulation of the key criminal fines, 3) law enforcement against corporate crime can be achieved through a) Normative Approach. Therefore, it is required that the state will specifically articulate the responsibility for corporate criminal liability through legislative and executive agencies and what kind of liability can be formally demanded of the corporation as the object of criminal liability (legal policy), since the assessment of corporate errors is the basis of material for the demand of corporate criminals.
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Purnomo, Andi. "Kebijakan Hukum Pidana Dalam Tindak Pidana Penyelundupan Barang Oleh Korporasi." COMSERVA Indonesian Jurnal of Community Services and Development 2, no. 07 (November 17, 2022): 870–83. http://dx.doi.org/10.59141/comserva.v2i07.406.
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This study aims to determine the direction of criminal law formulation policy in the criminal act of smuggling goods by corporations according to Law Number 17 of 2006 concerning Amendments to Law Number 10 of 1995 concerning Customs and to determine the model of criminal liability in the criminal act of smuggling goods by corporations. The method of data collection that the author uses in preparing this thesis is by using library research. This library study the author collects data by reading, recording, studying and analyzing the contents of decisions related to the problem, including legislative literature, documents, archives and Supreme Court decision number 1734 K/Pid.Sus/2017, the Supreme Court of the Republic of Indonesia which decided that PT Tujuan Utama was a corporation that was found guilty in the crime of smuggling gold. The result of this study is that in the Supreme Court decision number 1734 K/Pid.Sus/2017 adheres to stricht liability, which is clearly not only individuals (company administrators) who can be held criminally liable, but the corporation / legal entity can also be subject to criminal liability. Of the seven models of criminal liability against corporations, only the vicarious liability and stricht liability models are explicitly adopted in the provisions of Law No. 17 of 2006 amending Law No. 10 of 1995 on Customs in handling criminal acts of smuggling goods by corporations. Meanwhile, other criminal liability models can be considered to be applied in handling criminal acts of smuggling by corporations in the future.
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Purnomo, Andi. "Kebijakan Hukum Pidana Dalam Tindak Pidana Penyelundupan Barang Oleh Korporasi." COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat 2, no. 7 (November 17, 2022): 870–83. http://dx.doi.org/10.59141/comserva.v2i7.406.
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This study aims to determine the direction of criminal law formulation policy in the criminal act of smuggling goods by corporations according to Law Number 17 of 2006 concerning Amendments to Law Number 10 of 1995 concerning Customs and to determine the model of criminal liability in the criminal act of smuggling goods by corporations. The method of data collection that the author uses in preparing this thesis is by using library research. This library study the author collects data by reading, recording, studying and analyzing the contents of decisions related to the problem, including legislative literature, documents, archives and Supreme Court decision number 1734 K/Pid.Sus/2017, the Supreme Court of the Republic of Indonesia which decided that PT Tujuan Utama was a corporation that was found guilty in the crime of smuggling gold. The result of this study is that in the Supreme Court decision number 1734 K/Pid.Sus/2017 adheres to stricht liability, which is clearly not only individuals (company administrators) who can be held criminally liable, but the corporation / legal entity can also be subject to criminal liability. Of the seven models of criminal liability against corporations, only the vicarious liability and stricht liability models are explicitly adopted in the provisions of Law No. 17 of 2006 amending Law No. 10 of 1995 on Customs in handling criminal acts of smuggling goods by corporations. Meanwhile, other criminal liability models can be considered to be applied in handling criminal acts of smuggling by corporations in the future.
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Rohman, Syaifur. "Legal Liability Analysis for Defendants with Mental Disabilities." Ratio Legis Journal 1, no. 1 (June 12, 2022): 9. http://dx.doi.org/10.30659/rlj.1.1.9-15.
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This study aims to identify and analyze legal liability for criminals with mental disorders in the Wonosobo District Court Decision. The results showed that the perpetrators with mental disorders were proven legally and convincingly to commit the crime of sexual harassment, but because of the limited evidence and the role of psychiatrists, the judicial process became ambiguous and the judicial decision stated that the defendant's behavior did not meet the elements of responsibility, so that according to science criminal law the defendant cannot be held responsible for some. However, the attorney and the victim stated that the defendant has the ability to be held criminally responsible because Article 44 of the Criminal Code does not regulate the state of being unable to be partially responsible.
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Putri, Sagung. "MALPRAKTEK YANG DILAKUKAN OLEH DOKTER DI RUMAH SAKIT." Jurnal Aktual Justice 3, no. 1 (June 20, 2018): 58–67. http://dx.doi.org/10.47329/aktualjustice.v3i1.454.
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The research is a research which aims to find out the criminal law policy toward doctors, who do malpractice in hospital, and to know the criminal liability of hospital for doctors who do malpractice in health service, and to see the role of Government Hospital in protecting society from malpractice done by a doctor. By law, hospitals and doctors may be held criminally liable in accordance with the provisions of Article 46 of the Hospital Law, Article 359 of the Criminal Code, and Article 361 of the Criminal Code. Hospital corporations can also be held criminally liable in accordance with the provisions of superior respondent theory, hospital liability, and strict liability. Criminal law policies against malpractice doctors in hospitals may be granted in accordance with elements of the act committed by legal subjects, the existence of errors, the existence of acts committed are unlawful, the perpetrator capable of responsible, and the existence of exceptions to criminal elimination.
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Andrushko, O. V. "CRIMINAL LIABILITY FOR A CRIMINAL OFFENSE." Juridical scientific and electronic journal 4 (2019): 215–21. http://dx.doi.org/10.32782/2524-0374/2019-4/58.
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Ravshanovich, Kurbonov Davlat. "Exemption From Criminal Liability Under The Criminal Legislation Of The Republic Of Uzbekistan." American Journal of Political Science Law and Criminology 03, no. 07 (July 14, 2021): 46–51. http://dx.doi.org/10.37547/tajpslc/volume03issue07-07.
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The article reveals the content of the concept of «exemption from criminal liability», lists the grounds for the release of a person from criminal liability. Also, proposals and recommendations were developed for the development of theoretical and practical aspects of improving the institution of exemption from criminal liability.
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Sirotkina, Mariia. "Exemption of person from criminal liability and correlation with the principle of presumption of innocence." Legal Ukraine, no. 8 (October 2, 2020): 44–50. http://dx.doi.org/10.37749/2308-9636-2020-8(212)-5.
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This article examines the institution of exemption from criminal liability as an alternative to criminal prosecution and correlation with the principle of presumption of innocence on the basis of current criminal procedure legislation, scientific researches and judicial practice (case law). It is established that the initial position of scholars, who adhere to the opinion of contradiction of the institution of exemption from criminal liability with the principle of presumption of innocence, is that, in itself, the fact of exemption from criminal liability indicates a guilty plea and requires sentencing in accordance with Part 1 of the Article 62 of the Constitution of Ukraine. It was found out that reference of some scholars to commitment of a crime by a person is possible only due to availability of guilty verdict, not a court ruling. Because, there are many norms in legislation which may restrict certain citizens’ rights on the basis of ceasing a criminal case under «non-rehabilitative» circumstances. Other ones propose to abandon the institution of exemption from criminal liability in general and advocate expanding the scope of the institution of release from punishment, improving other means of criminal law regulation of the crime which is established by a guilty verdict of a court. It is being proved that the principle of presumption of innocence while exempting from criminal liability is not restricted: the prescriptions of presumption of innocence should be assessed, firstly, as not included into the mechanism of criminal liability, and secondly – as criminal law measures which are an alternative to punishment. Exemption of a person from criminal liability remains to be an effective means to resolve a criminal law dispute in cases prescribed by law. A person who has committed a criminally punishable act is, in no way, limited in their rights, much less in the right to implement the principle of the presumption of innocence. Key words: alternative, liability, exemption (release), punishment, presumption of innocence.
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Chandra, Septa. "CORRELATION BETWEEN THEORY OF CRIMINAL LIABILITY AND CRIMINAL PUNISHMENT TOWARD CORPORATION IN INDONESIA CRIMINAL JUSTICE PRACTICE." Jurnal Dinamika Hukum 17, no. 1 (May 2, 2017): 104. http://dx.doi.org/10.20884/1.jdh.2017.17.1.649.
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The question of the correlation between theory of criminal liability and criminal punishment on criminal acts committed corporation is important to investigate in order to provide justification for the criminal prosecution of corporations. How a mistake should be constructed from a corporation associated with the theory of corporate criminal liability. As a consequence of the improper condition on the corporate views of whether the corporation has made a criminal offense can be avoided as part of discretion in running the business. If these obligations are not met, the corporation can be condemned for committing crime. The practice of criminal justice to the determination of criminal liability for corporations is not fully in accordance with the theory of corporate criminal liability. In fact, the court decision does not yet reflect a consistent correlation between the theory of criminal liability and criminal punishment on criminal acts of the corporation.Keywords: criminal liability, corporate, criminal justice.
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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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Wangga, Maria Silvya E., Dian Adriawan Dg Tawang, Ahmad Sabirin, and Andrés Herrera Esquivel. "Criminal Liability of Political Parties from the Perspective of Anti-Money Laundering Act." Journal of Indonesian Legal Studies 7, no. 1 (June 1, 2022): 229–64. http://dx.doi.org/10.15294/jils.v7i1.54534.
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This research addresses the questions on, among other things, criminal liability of political parties from the perspective of the Law on the Prevention and Eradication of Criminal Acts of Money Laundering and the models of criminal liability of political parties with respect to criminal acts of money laundering. The juridical-normative research method used shows that political parties have met the criteria as corporations, being groups of people or assets to which the corporate criminal liability system applies. The fault of a political party in criminal acts of money laundering can be viewed through the actions of its administrators being a systemically integral part of the party as they have been given the roles by the party for the benefit of the party. The first conclusion is that a political party can be held criminally liable for criminal acts of money laundering. Secondly, the models of criminal liability of a political party in criminal acts of money laundering comprise (1) the model of criminal liability under Law No. 8 of 2010 concerning the Prevention and Eradication of Criminal Acts of Money Laundering. (2) Administrative model guided by the principle of systematiche specialiteit and the method of economic analysis of law approach through the Political Party Law. (3) Restorative justice model in the form of dual track system. This model is the alternative companion to the penal justice system, namely the criminal model and administrative model.
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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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Long, Ryan. "Bioethics, Complementarity, and Corporate Criminal Liability." International Criminal Law Review 17, no. 6 (November 23, 2017): 997–1021. http://dx.doi.org/10.1163/15718123-01703004.
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This article provides a brief introduction to some contemporary challenges found in the intersection of bioethics and international criminal law involving genetic privacy, organ trafficking, genetic engineering, and cloning. These challenges push us to re-evaluate the question of whether the international criminal law should hold corporations criminally liable. I argue that a minimalist and Strawsonian conception of corporate responsibility could be useful for deterring the wrongs outlined in first few sections and in answering compelling objections to corporate criminal liability.
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Sirotkina, Mariia. "Exemption from criminal liability as an alternative to criminal prosecution." Legal Ukraine, no. 9 (October 30, 2020): 33–40. http://dx.doi.org/10.37749/2308-9636-2020-9(213)-4.
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This article is researching an institution of exemption from criminal liability as an alternative to criminal prosecution on the basis of current criminal procedure legislation, scientific researches and judicial practice. It was found that some researchers of exemption from criminal liability refer it to the forms of criminal liability, consider exemption from criminal liability as an institution of criminal law that differentiates liability; a radical means of differentiating a criminal liability; a legal fact that terminates a criminal legal relationship, which exempts a person from adverse legal consequences, etc. Having analysed the positions of foreign and domestic scholars, it can be concluded that the norms which provide for exemption from criminal liability should be considered as «an alternative to criminal prosecution». Exemption from criminal liability is provided for in the criminal law due to the fact that in some cases there is no point in subjecting a particular person to criminal liability, as criminal liability, being lawful, is considered as an inexpedient one. The state responds to a criminal act not leaving it without consequences, but reacts in another, «alternative» form, reaching a justified legal compromise in such cases. It is proved that the institution of exemption from criminal liability is implementing a desire of the state to effectively and rationally fight against crime without punishment and in general without a guilty verdict (conviction). This institution is simultaneously implementing the principles of economy of criminal repression, humanism and individualization of liability. Thus, the legislator has provided an alternative to criminal prosecution in the relevant provisions of the Criminal Procedure Code and the Criminal Code. This alternative in certain cases includes a compromise – a person who first time committed a criminal offense or negligent minor offence, except for corruption offenses, is being exempted from criminal liability if this person: has sincerely repented after commitment of offence, has actively contributed to the disclosure of the criminal offense and has fully reimbursed the damage caused by it or has eliminated the damage (Article 45 of the Criminal Code); has reconciled with the victim and has reimbursed the damage caused by such a person or has eliminated the damage (Article 46 of the Criminal Code); when transferring on parole to the staff of the enterprise, institution or organization within a year from the date of parole such person will justify the trust of the staff, will not evade educational measures and will not violate a public order (Article 47 of the Criminal Code). Key words: alternative, liability, exemption, compromise, punishment.
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Fedorov, Aleksandr V. "CRIMINAL LIABILITY OF LEGAL ENTITIES IN THE SLOVAK REPUBLIC." Russian investigator 7 (July 24, 2019): 68–77. http://dx.doi.org/10.18572/1812-3783-2019-7-68-77.
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The article is dedicated to the general issues of establishment of the criminal liability of legal entities in the Slovak Republic (Slovakia). Similarity of prerequisites for introduction of such liability in the Slovak Republic is noted. Gradual establishment of criminal liability of legal entities in Slovakia is noted, initially it was by means of amendment of the Criminal Code of Slovakia by Law No. 224/2010, which allows for using such “protective measures” as redemption and deprivation of property in relation to legal entities, then it was by means of adoption of Law No. 91/2016 on criminal liability of legal entities. Basic provisions of the Slovak law on criminal liability of legal entities are considered. The attention is paid to the fact that in the Slovak Republic there is a so-called selective criminalization as to the criminal liability of legal entities, when they can be held criminally liable not for all crimes specified in the Criminal Code of the Republic of Slovakia, but only for those of them, which are specified in the special Law No. 91/2016. A list of crimes, for which criminal liability is possible for legal entities, and conditions under which a crime is admitted to be committed by a legal entity, is specified. It is specified, which types of legal entities are foreseen by the Slovak law, and noted that not all of them can be the subjects of criminal liability according to the national laws. The effect of the criminal law is considered in relation to legal entities that have committed crimes in the territory of the Slovak Republic and outside it. The article contains the description of the types of criminal punishments of legal entities, which include: liquidation of the legal entity; deprivation of property; deprivation; penalty; prohibition to carry out activity; prohibition to receive subsidies and grants; prohibition to receive assistance and support from funds of the European Union; prohibition to participate in state procurement; publication of conviction.
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Kuts, V. M. "Content and forms of criminal liability." Scientific Herald of Sivershchyna. Series: Law 2021, no. 3 (December 15, 2021): 115–24. http://dx.doi.org/10.32755/sjlaw.2021.03.115.
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The article argues the content of criminal liability is formed by its mandatory and optional features. The obligatory features are: a) conviction of the subject of the criminal offense; b) a criminal record for such a conviction; c) restriction or deprivation of the rights and freedoms of the convict due to his criminal record. The optional features are: a) punishment or its alternatives; b) additional restrictions on the status of the convict due to punishment or its alternatives. The content of criminal liability determined its forms. The article distinguishes two of the forms: 1) conviction without sentencing; 2) conviction with sentencing. Each of them is divided into a number of species and varieties. In contrast to the traditional approach, in theory and practice, priority is given to less severe forms of criminal liability (convictions without sentencing). This will testify to the implementation of the humanism principle of criminal liability not only literally but also in deeds. There is no reason to recognize the so-called release from it as a form of criminal liability. On its application, the court waives its right to convict a person, and so without conviction criminal liability is impossible. Thus, exemption from criminal liability is a form of other means of criminal legal regulation, and not a manifestation of liability. The definition of the content and forms of criminal liability should be based on its official understanding, reflected in the decision of the Constitutional Court of Ukraine on parliamentary immunity. In this case, a criminal record should be recognized as a mandatory feature of the content of criminal liability, and not a legal consequence of the latter. Key words: criminal liability, content of criminal liability, mandatory features, optional features, forms of criminal liability.
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Fedorov, Aleksandr V. "CRIMINAL LIABILITY OF LEGAL ENTITIES IN SPAIN: ESTABLISHMENT AND GENERAL PROVISIONS." Russian investigator 11 (November 13, 2019): 72–80. http://dx.doi.org/10.18572/1812-3783-2019-11-72-80.
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The article is dedicated to issues of criminal liability of legal entities in the Kingdom of Spain. It is noted that Spain refers to the countries whose criminal laws are codified only in part and include special laws in addition to the national criminal code. Criminal liability of legal entities is established and regulated by the Criminal Code as well as by special criminal laws. Gradual introduction of criminal liability of legal entities in Spain by means of corresponding amendments to criminal laws is reviewed. Attention is directed to the fact that the decisive role in the establishment of criminal liability of legal entities is played by Spain’s membership in the Council of Europe, the European Union (EU) and the Organization for Economic Cooperation and Development (OECD), which impose requirements for bringing national laws of the member states in compliance with the standards of such international organizations in terms of introduction of criminal liability of legal entities. It is noted that the Criminal Code of Spain has initially included only provisions on civil liability of legal entities and has been supplemented with provisions on criminal liability of legal entities later. Amendments to the Criminal Code of Spain introduced in 2010 and establishing criminal liability of legal entities as well as further legal novelties regulating such liability are analyzed. The range of subjects of criminal liability established for legal entities and legal entities immune from such liability are indicated. Attention is directed to the issues of bringing to criminal liability of legal entities having lost their legal personality as a consequence of merger, acquisition, split-up or liquidation after committing a crime. It is noted that legal entities may be brought to liability not for any crimes stipulated by the national laws, rather just for some of them, specifically described in the criminal laws.
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Stryzhevska, Anzhela. "Grounds, conditions and features of exemption from criminal liability provided for in part five of Article 354 of the Criminal Code of Ukraine." Legal Ukraine, no. 7 (September 21, 2020): 13–19. http://dx.doi.org/10.37749/2308-9636-2020-7(211)-2.
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The article is devoted to the analysis of exemption from criminal liability on the grounds specified in part five of Article 354 of the Criminal Code of Ukraine. The directions of modern researches of this problem are analyzed. The concept of exemption from criminal liability on the grounds specified in part five of Article 354 of the Criminal Code, conditions and criminal consequences. The application of general types of exemption from criminal liability of persons who have committed corruption offenses is limited by the legislator, and the implementation of such as expiration due to the expiration of the statute of limitations does not cause difficulties in practice. criminal liability provided for in part five of Article 354 of the Criminal Code. Key words: criminal liability, corruption offense, exemption from criminal liability, grounds for exemption from criminal liability.
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Fedorov, Aleksandr V. "CRIMINAL LIABILITY OF LEGAL ENTITIES IN THE NETHERLANDS." Russian investigator 10 (October 3, 2019): 73–80. http://dx.doi.org/10.18572/1812-3783-2019-10-73-80.
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The article is dedicated to issues of criminal liability of legal entities in the Kingdom of the Netherlands (the Netherlands). It is noted that the Netherlands refers to the countries the criminal laws of which are codified only in part and include special laws in addition to the national criminal code, the Dutch Criminal Code. Criminal liability of legal entities was first introduced in the Netherlands in 1950 by the special Law On Economic Crimes. Since 1976, criminal liability of legal entities has been regulated by the Criminal Code. The Netherlands has become the first country of continental Europe to include provisions concerning criminal liability of legal entities and legally equaled collective entities in the national Criminal Code. It is noted that the establishment of such liability has become possible due to viewing of criminal liability in the theory of law as a constituent part of social regulation of economic relationships, the subject of which is legal entities. The author states the views of Dutch scientists justifying the need for the introduction of criminal liability of legal entities from the sociolegal standpoint and describing its content. The range of subjects of criminal liability established for legal entities and the legal entities immune from such liability are indicated. Issues of bringing to criminal liability of legal entities having lost their legal personality as a consequence of merger, acquisition, split-up or liquidation after committing a crime are reviewed. It is emphasized that legal entities may be brought to liability for any crimes stipulated by national laws. The author also highlights the role of court judgments and the national legal doctrine for the understanding and application of provisions on criminal liability of legal entities. Types of punishments applied to legal entities are listed and the general characteristics of the criminal procedure of bringing of legal entities to criminal liability is given.
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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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Diaz, Carmen Rocio Fernandez. "Corporate criminal liability: similarities and differences between Spain and Philippines." Forensic Research & Criminology International Journal 12, no. 2 (2024): 175–79. http://dx.doi.org/10.15406/frcij.2024.12.00416.
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This paper focuses on the topic of corporate criminal liability and the common and opposite aspects that regimes of Spain and The Philippines have. On the one hand, in Spain, criminal liability of legal persons has suffered a deep reform with the organic law 1/2015, after being introduced in year 2010. This reform has brought important modifications and news, as the creation of an exemption of liability through the adoption of compliance programs. On the other hand, corporate criminal liability is more limited in The Philippines, being criticized by the doctrine that, rather to impose this kind of liability to companies, natural persons as directors, officers or employees of the corporation are the only ones considered responsible for some crimes. The analysis of both regimes, the Spanish and the Philippines one, will comprise different aspects of the issue as the crimes for which companies can be criminally liable, the ways to require to them criminal liability or their exemption of it and the possible sanctions that can be imposed. The comparative study will bring out the positive and the negative points of both regimes.
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Fedorov, Aleksandr V. "The Modern French Laws on Criminal Liability of Legal Entities." Russian investigator 2 (March 1, 2018): 68–76. http://dx.doi.org/10.18572/1812-3783-2018-2-68-76.
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The article surveys the French laws on criminal liability of legal entities including a review of legal entities as subjects of criminal liability and the types of crimes, which can result in bringing of legal entities to criminal liability. The author notes that bringing of legal entities to criminal liability in France does not exonerate natural persons acting as executors or accomplices in the actions related to the criminal actions of legal entities. At the same time, legal entities can be brought to criminal liability together with natural persons or on a standalone basis (separately from any natural persons). The article gives statistic data and examples of bringing legal entities to criminal liability. The author concludes that the review of the issues of criminal liability of legal entities abroad is relevant for the modern Russian legal science and legal practice.
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Rizka Afdhali, Dino, and Irwan Triadi. "Pertanggungjawaban Pidana Korporasi Terhadap Pencemaran Lingkungan Hidup." Journal Evidence Of Law 3, no. 2 (June 1, 2024): 68–73. http://dx.doi.org/10.59066/jel.v3i2.673.
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Law criminal responsibility adopted by the Indonesian criminal law and the environmental law are regulated in Law Number 32/ 2009 on Environmental Protection and Management is only a fault liability. The principle of fault liability based complicate law enforcement in the process of criminal evidence. Law Number 32/ 2009 on Environmental Protection and Management of the Environment has set a strict liability issue but nevertheless the strict liability only obligate to pay compensation in the event a civil lawsuit. Criminal law recognize the strict liability. Strict liability is defined as liability without fault is criminal liability without proof of fault further to the offender. In criminal cases involving corporate environment needs to be applied the principle of strict liability, so that the strict liability can be expanded application not only to the claim for damages in civil cases but can also be done in the legal protection of penal law. Is expected with the integration of law will be able to simplify the process of proving crime against violation of environment by the corporation. This research aims to determine the corporate criminal liability based on the principle of Strict Liability and its implication in the process of proving environmental criminal.
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Fedorov, Aleksandr V. "Criminal Liability of Legal Entities under the Laws of the Republic of Montenegro." Russian investigator 7 (July 25, 2018): 69–76. http://dx.doi.org/10.18572/1812-3783-2018-7-69-76.
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The article is dedicated to review of the laws of the Republic of Montenegro on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 2006, the Criminal Code of the Republic of Montenegro and the Criminal Procedure Code of the Republic of Montenegro. The publication reviews statutory resolutions allowing consideration of a legal entity as a criminal liability subject; gives a scope of persons who can be brought to criminal liability; pays attention to the fact that legal entities in the Republic of Montenegro may be brought to criminal liability for any actions acknowledged as crimes by the national criminal laws with no exceptions; specifies articles of the General Part of the Criminal Code of the Republic of Montenegro, provisions of which are applied to bringing legal entities to criminal liability; reviews such criminal sanction types applicable to legal entities as a fi ne, liquidation of a legal entity, forfeiture and sentence publication; analyzes circumstances considered at punishment imposition and the conditions for release from punishment. The author notes criminal procedure peculiarities of bringing legal entities to liability including broad discretionary powers of a prosecutor in resolution of issues on bringing legal entities to criminal liability
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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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Al-Misbah, Fatima. "The Legal Personality of Robotic Surgery and the Possibility of Determining Criminal Liability." International Journal for Scientific Research 3, no. 3 (March 22, 2024): 91–114. http://dx.doi.org/10.59992/ijsr.2024.v3n3p3.
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The study aimed to identify the concept of legal personality and the meaning of robotic surgery and to identify the possibility of robotic surgery bearing criminal liability. The study used the deductive approach and it study reached several results including that legal personality is the individual's ability to acquire rights and be obligated to obligations. It was also found that robotic surgery is a programmed robot to perform surgical intervention in the human body. Additionally, there is difficulty in determining the criminal liability of the robot, although it is possible to determine the civil liability of the manufacturer or the medical entity that used the robot in surgery. The study recommended several recommendations including the necessity of enacting criminal legislation that determines the entity or persons criminally responsible for the robot's actions and setting controls and conditions for granting the robot legal personality and rules of criminal liability arising from its actions.
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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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Dalby, J. Thomas. "Criminal Liability In Children." Canadian Journal of Criminology 27, no. 2 (April 1985): 137–45. http://dx.doi.org/10.3138/cjcrim.27.2.137.
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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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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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Boland, Faye. "Intoxication and Criminal Liability." Journal of Criminal Law 60, no. 1 (February 1996): 100–107. http://dx.doi.org/10.1177/002201839606000109.
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Dzagoev, S. V. "Criminal liability for desertion." Право и государство: теория и практика, no. 1 (2023): 192–93. http://dx.doi.org/10.47643/1815-1337_2023_1_192.
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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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Harun, M., Nyoman Serikat Putra Jaya, and R. B. Sularto. "Reform of the Political Party Law and the Election Law Related to the Criminal Responsibility of Political Parties in Indonesia." WSEAS TRANSACTIONS ON ENVIRONMENT AND DEVELOPMENT 17 (August 4, 2021): 859–65. http://dx.doi.org/10.37394/232015.2021.17.80.
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This study tries to analyze the criminal liability of political parties in the Political Party Law and the Election Law in Indonesia, as well as conceptualize the renewal of the criminal liability of political parties. This research includes normative legal research, with the type of data used in this study is qualitative data. The results of the study indicate that political parties are corporations that can and are capable of being held criminally responsible, as seen in Law Number 2 of 2008 as amended by Law Number 2 of 2011 concerning Political Parties. Criminal liability can be further regulated by imposing it on individual legal subjects. As a conceptualization of the renewal of the criminal responsibility of political parties, it is necessary to define the affirmation of political parties as the subject of criminal acts, sanctions and types of criminal acts, special punishment rules, and reasons for the elimination of a prosecution.