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Journal articles on the topic 'Criminal responsibility'

Author: Grafiati

Published: 4 June 2021

Last updated: 8 June 2024

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1

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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2

Wilson, Simon. "Criminal responsibility." Psychiatry 8, no. 12 (December 2009): 473–75. http://dx.doi.org/10.1016/j.mppsy.2009.09.003.

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3

Arek, Bambang Lasimin, and Umar Ma'ruf. "Criminal Responsibility of Criminals Defamation on Advocate Name." Jurnal Daulat Hukum 3, no. 4 (February 13, 2021): 419. http://dx.doi.org/10.30659/jdh.v3i4.13622.

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The purpose of this research is to know and understand the legal responsibility of the criminal defamation against lawyers according to Islamic criminal law, to know and understand the legal responsibility of the criminal defamation against lawyers according to Indonesian criminal law as well as to know, understand and analyze the legal accountability of the perpetrators criminal defamation against advocates at the Law Supremacy & Associate law office in Police Report Number: LP / B / 115B / XI / 2019 / Jabar according to Islamic criminal law and Indonesian criminal law. The approach method used in this research is normative juridical. The research specification used in this research is descriptive analytical. The theory used in analyzing the above problems is the rule of law theory, the theory of legal certainty and the theory of criminal responsibility in Islamic law. The conclusion of this study is that legal responsibility for the perpetrators of criminal defamation against advocates according to Islamic law is a Ta�zir sentence in the form of a limited prison sentence, where the length of the sentence is handed over to Ulil Amri who examines the case, while according to Indonesian criminal law it is a prison sentence and fines. Legal accountability for perpetrators of criminal defamation against advocates in the Police Report Number: LP / B / 115B / XI / 2019 / Jabar, according to Islamic law, is punishable by Ta�zir in the form of limited prison. Meanwhile, according to Indonesian criminal law, the actions of suspects are subject to imprisonment and a fine, in accordance with the provisions of Article 311 paragraph (1) and Article 315 of the Criminal Code.�

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4

Allanova, Azizakhon Avazxonovna. "CRIMINAL RESPONSIBILITY FOR DOMESTIC VIOLENCE." International Journal of Advance Scientific Research 03, no. 06 (June 1, 2023): 272–75. http://dx.doi.org/10.37547/ijasr-03-06-47.

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The issues of intentional bodily harm, which is life-threatening at the time of being committed to his wife (husband) to his ex-wife (ex-husband), to a person living together on the basis of a fief, or to a person who has a common child, were explained.

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5

Lindgren, J. Ralph. "Criminal Responsibility Reconsidered." Law and Philosophy 6, no. 1 (April 1987): 89. http://dx.doi.org/10.2307/3504680.

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6

Rollin, Henry. "Inebriate Criminal Responsibility." British Journal of Psychiatry 154, no. 2 (February 1989): 276–77. http://dx.doi.org/10.1192/s0007125000226299.

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7

Lindgren, J. Ralph. "Criminal responsibility reconsidered." Law and Philosophy 6, no. 1 (April 1987): 89–114. http://dx.doi.org/10.1007/bf00142641.

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8

Wahyono, Dwi. "THE CRIMINAL RESPONSIBILITY BY CORPORATE." International Journal of Law Reconstruction 5, no. 1 (May 21, 2021): 126. http://dx.doi.org/10.26532/ijlr.v5i1.15587.

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Corporation is the subject of a criminal act. In Indonesia, the statutory regulations that initiated the placement of corporations as subjects of criminal acts and which can be directly accounted for are Act No. 7 the Emergency of 1955 concerning Investigation, Prosecution and Economic Criminal Justice, as subjects of criminal law corporations do not have an inner attitude. Meanwhile, to be criminally accountable, a men's rea/schuld is required. Crimes committed by corporations are very detrimental to society and the state. Meanwhile, the conventional accountability system which is individual, direct, and based on schuld, is difficult to apply to corporations. The purpose of writing is to analyze the corporate liability system to impose crimes against corporations, and obstacles to imposing crimes against corporations. The method used is the statute approach (legal approach) and the case approach (case approach), the analysis method uses qualitative analysis with interpretation, and the data collection method uses library research. It can be concluded that corporations can be held accountable by using a system of absolute and substitute liability, and the obstacle is the application of a conventional criminal liability system and the difficulty of proving corporate wrongdoing. It is suggested that there is a common perception between law enforcers about the criminality of corporations.

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9

Aeniwati, Zahri, and Sri Kusriyah. "Criminal Responsibility towards Criminals of Abortion in Indonesia." Law Development Journal 3, no. 1 (March 7, 2021): 9. http://dx.doi.org/10.30659/ldj.3.1.9-18.

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This study aims to determine and describe the criminal liability of perpetrators of abortion in Indonesia. This research is a doctrinal legal research, which is descriptive analysis. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The results of this research show that criminal liability for perpetrators of abortion in Indonesia based on the Criminal Code is regulated in Book Two of Chapter XIV on Crimes of Decency, especially Article 299, and Chapter XIX Articles 346-Articles 349 which are classified as crimes against life. The prohibition on abortion in the Criminal Code is contained in Article 299, Article 346, Article 347, Article 348, and Article 349, which clearly regulates the prohibition of having an abortion for any reason, including abortion for emergency reasons (forced). The provisions for regulating abortion in Act No 36 of 2009 are set forth in Article 75, Article 76, Article 77, and Article 194. Even though, the law prohibits the practice of abortion, in certain circumstances there is a possibility. Abortion practices that are contrary to statutory regulations are regulated in Article 194 of Act No 36 Of 2009, with a maximum imprisonment of 10 years and a maximum fine of IDR 1,000,000,000.00 (one billion rupiah).

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10

Dinić, Slavica, and Emil Turković. "Command responsibility." Pravo - teorija i praksa 38, no. 1 (2021): 70–85. http://dx.doi.org/10.5937/ptp2101070d.

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As a part of the presentation in this paper, we will deal with one of a number of specific characteristics arisen while determining the criminal responsibility of perpetrators of international crimes, the one related to the institute of command responsibility, which are familiar with the statutes of both ad hoc tribunals (the Statute of the Tribunal in the Hague of 1993 and the International Criminal Tribunal for Rwanda of 1994), as well as the so - called the Rome Statute from 1998. In these statutes, it is set in such a way that, in one of its parts, it contradicts the basic criminal law institutes (the principle of individual subjective responsibility, the principle of justice). However, in accordance with the assumed international obligations, this institute was introduced to the criminal law system of Republic of Serbia on January 1st 2006, by prescribing, within Article 384 of the Criminal Code of Republic of Serbia, a real criminal offense of omission, which is also the subject of this paper.

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11

Gаrbatovich, D. A. "Measures of a Criminal-Legal Nature for the Commission of Illegal Non-Criminal Criminal-Legal Acts." Rossijskoe pravosudie 5 (April 17, 2020): 96–105. http://dx.doi.org/10.37399/issn2072-909x.2020.5.96-105.

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The article raises the problem of the absence in the doctrine of criminal law of a single understanding of what are criminal measures applied for the Commission of illegal non-criminal criminal acts. Objectives of the study: 1) determine the scope of the concept «other measures of criminally-legal character»; 2) to characterize measures of criminal law imposed for unlawful non-criminal criminal-legal acts; 3) examine the correlation of criminal responsibility and other measures of criminal-legal character; 4) classify the measures of criminal law imposed for unlawful non-criminal criminal-legal acts. Methods: formal-legal, comparative analysis method. The following conclusions are made: 1. Illegal non-criminal criminal law acts, characterized by public danger, as legal facts entail the emergence of protective criminal relations. Other measures of a criminal legal nature applied on the basis of these acts are carried out outside the framework of criminal responsibility, respectively, they are not forms of its implementation. 2. Illegal non-criminal criminal-legal acts that are not socially dangerous, as legal facts affect the dynamics of existing criminal-legal relations that arose as a result of the Commission of crimes. Other measures of a criminal-legal nature applied on the basis of the specified acts are carried out within the framework of criminal responsibility, are forms of its implementation. 3. The concepts of criminal responsibility and criminal law measures do not coincide in terms of content. The concept of criminal law measures is broader in terms of the concept of criminal responsibility, since its content includes criminal responsibility with its forms, which are measures of a criminal law nature, as well as other criminal law measures imposed for the Commission of illegal non-criminal criminal law acts characterized by public danger. 4. Measures of a criminal-legal nature are classified on the basis of two interrelated criteria: 1) whether they relate to the forms of criminal responsibility; 2) what is the degree of public danger of an illegal criminallegal act is the basis for their application.

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12

Moradi, Qassim, and Sobhan Maleki. "Doctors' Responsibility in Iran's Criminal Law." International Academic Journal of Humanities 05, no. 01 (June 1, 2018): 71–78. http://dx.doi.org/10.9756/iajh/v5i1/1810008.

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13

Freckelton SC, Ian, and David List. "Asperger's Disorder, Criminal Responsibility and Criminal Culpability." Psychiatry, Psychology and Law 16, no. 1 (March 2009): 16–40. http://dx.doi.org/10.1080/13218710902887483.

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14

Minkes, J. "Criminal Enterprise: Individuals, Organisations and Criminal Responsibility." British Journal of Criminology 48, no. 3 (December 24, 2007): 418–20. http://dx.doi.org/10.1093/bjc/azn023.

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15

Lee, I. B. "Corporate Criminal Responsibility as Team Member Responsibility." Oxford Journal of Legal Studies 31, no. 4 (September 15, 2011): 755–81. http://dx.doi.org/10.1093/ojls/gqr019.

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16

Shaw, Elizabeth. "Psychopaths and Criminal Responsibility." Edinburgh Law Review 13, no. 3 (September 2009): 497–502. http://dx.doi.org/10.3366/e136498090900064x.

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17

Park,Sang-Ki. "Sportsmanipulation and Criminal Responsibility." Journal of Sports and Entertainment Law 14, no. 3 (August 2011): 217–36. http://dx.doi.org/10.19051/kasel.2011.14.3.217.

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18

Loughnan, Arlie. "Victor Tadros, Criminal Responsibility." Edinburgh Law Review 11, no. 1 (January 2007): 138–40. http://dx.doi.org/10.3366/elr.2007.11.1.138.

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19

Symonenko, N. О. "CRIMINAL RESPONSIBILITY FOR GROOMING." Constitutional State, no. 45 (April 20, 2022): 58–65. http://dx.doi.org/10.18524/2411-2054.2022.45.254367.

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The article is devoted to the study of topical issues of criminal liability for grooming. A new composition of the criminal offense under Art. 156-1 - “Harassment of a child for sexual purposes.” Qualification of grooming and cybergrooming is provided. Based on the analysis, proposals for improving the legislation were formulated. The urgency of this issue is also due to the constant amendments to Chapter IV of the Special Part of the Criminal Code, adopted by legislators, in particular the amendment of 18.02.2021 new article 156-1 - “Harassment of a child for sexual purposes” to strengthen protection of children from sexual harassment online. Accordingly, the purpose of the study were: 1) analysis of innovations that were included in Chapter IV of the Special Part of the Criminal Code, in particular, Art. 156- 1 “Harassment of a child for sexual purposes”; 2) definition of grooming and cyber grooming; 3) research of innovations that were included in Chapter XII of the Special Part of the Criminal Code, in particular, Art. 301-1 Obtaining access to child pornography, its acquisition, storage, import, transportation or other movement, production, sale and distribution, and Art. 302-2 Conducting a spectacular event of a sexual nature with the participation of a minor. Criminal offenses against sexual freedom and sexual integrity of a person are one of the most serious illegal encroachments recorded in modern criminal law, as these criminal offenses remain in the minds of the victim, his relatives and friends for life. It would be fair to say that such criminal offenses in one hundred percent form have no purpose other than to rigidly satisfy the offender’s sexual “low” needs.

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20

Else, Angelina. "CRIMINAL RESPONSIBILITY FOR TERRORISM." Administrative and Criminal Justice 1, no. 91 (December 11, 2021): 30–36. http://dx.doi.org/10.17770/acj.v1i89.4383.

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Acts of terrorism often result in fatalities, but the impact of terrorism is not limited to loss of lives. Terrorism acts can disturb or suspend the peace process; they cause, lengthen, or deepen conflicts and escalate violence. In addition, terrorism has an effect on the economy of the state, given that combatting of terrorism requires significant temporal and financial resources.The threat posed by international terrorism not only constitutes one of the biggest challenges that the world and Europe in particular is currently facing, but also affects the security and economic interests of the Latvian nationals. In addition, terrorism-related crimes threaten the security of not only separate states, but that of the entire international community as well.In the view of the author, the relevance of the topic is illustrated by the fact that 23 May 2018, saw the Criminal Act of Latvia being complemented by a new (IX1) section on “Crimes Related to Terrorism”, thereby underscoring the preparedness of Latvia to adjust its legislative framework in order to avert possible threats of terrorism. The new version of the law sees terrorism, financing of terrorism, invitation to terrorism and terrorism threats, recruitment and training of persons for terrorism, travelling for terrorism purposes, and justification of terrorism classified as criminal offences.Author has chosen the topic of terrorism with the aim of exploring the definition of terrorism and its depiction in international and Latvian law, as well as analysing the criminal liability for terrorism prescribed by the Latvian law and determining the issues associated with the classification of terrorism.The paper consists of introduction, three chapters, and conclusion. In the first chapter, the definition of terrorism is considered. The second chapter is devoted to the analysis of criminal liability for terrorism under the Latvian law, and the third chapter – to the issues associated with the classification of terrorism. Finally, conclusions with respect to the threats posed by terrorism to the European Union and Latvia are drawn.

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21

Dholakia, Lord. "Age of Criminal Responsibility." Northern Ireland Legal Quarterly 67, no. 3 (September 1, 2016): 263–64. http://dx.doi.org/10.53386/nilq.v67i3.115.

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22

Carr, Craig L. "Duress and Criminal Responsibility." Law and Philosophy 10, no. 2 (May 1991): 161. http://dx.doi.org/10.2307/3504910.

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23

Drakic, Dragisa, and Ivan Milic. "Affect and criminal responsibility." Zbornik radova Pravnog fakulteta, Novi Sad 51, no. 1 (2017): 91–105. http://dx.doi.org/10.5937/zrpfns51-13186.

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24

Blustein, Jeffrey. "Adolescence and Criminal Responsibility." International Journal of Applied Philosophy 2, no. 4 (1985): 1–17. http://dx.doi.org/10.5840/ijap19852414.

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25

Go, Gawon. "Amnesia and criminal responsibility." Journal of Law and the Biosciences 4, no. 1 (April 2017): 194–204. http://dx.doi.org/10.1093/jlb/lsx003.

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26

HISCOCK, CHERYL K., PAMELA J. RUSTEMIER, and MERRILL HISCOCK. "Determination of Criminal Responsibility." Criminal Justice and Behavior 20, no. 4 (December 1993): 391–405. http://dx.doi.org/10.1177/0093854893020004007.

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The two-alternative forced-choice principle, which has been used to detect malingering and “hysterical” symptoms, was applied to the assessment of criminal responsibility in an analog study. Prison inmates and university students completed forced-choice tests of general knowledge and moral reasoning on which below-chance scores indicate dishonest performance. Subjects were assigned randomly to one of three groups: control, naive faking, and coached faking. Significantly greater proportions of subjects in the naive and coached faking groups than in the control group scored significantly below chance on each test. Cutoff scores to maximize accuracy of classification were established for both tests. Implications of the findings for detecting individuals who fake a lack of criminal responsibility are considered, as well as directions for future research with other populations.

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27

WILKINS, BURLEIGH T. "Intention and Criminal Responsibility." Journal of Applied Philosophy 2, no. 2 (October 1985): 271–78. http://dx.doi.org/10.1111/j.1468-5930.1985.tb00355.x.

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28

GRANT, DONALD C. "Criminal Responsibility and Insanity." Australian Occupational Therapy Journal 15, no. 2 (August 27, 2010): 11–18. http://dx.doi.org/10.1111/j.1440-1630.1968.tb00252.x.

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29

Morse, Stephen J. "Genetics and criminal responsibility." Trends in Cognitive Sciences 15, no. 9 (September 2011): 378–80. http://dx.doi.org/10.1016/j.tics.2011.06.009.

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30

Morse, Stephen J. "Psychopathy and Criminal Responsibility." Neuroethics 1, no. 3 (July 10, 2008): 205–12. http://dx.doi.org/10.1007/s12152-008-9021-9.

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31

Tadros, Victor. "Poverty and Criminal Responsibility." Journal of Value Inquiry 43, no. 3 (September 2009): 391–413. http://dx.doi.org/10.1007/s10790-009-9180-x.

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32

Ambos, K., and O. Njikam. "Charles Taylor's Criminal Responsibility." Journal of International Criminal Justice 11, no. 4 (September 1, 2013): 789–812. http://dx.doi.org/10.1093/jicj/mqt042.

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33

Choi, Cheong-Hak. "Criminal Responsibility of Corporation." Institute for Legal Studies 36, no. 3 (September 30, 2019): 71–92. http://dx.doi.org/10.18018/hylr.2019.36.3.071.

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34

Tsimploulis, Georgios, Gérard Niveau, Ariel Eytan, Panteleimon Giannakopoulos, and Othman Sentissi. "Schizophrenia and Criminal Responsibility." Journal of Nervous and Mental Disease 206, no. 5 (May 2018): 370–77. http://dx.doi.org/10.1097/nmd.0000000000000805.

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35

Ferrante, Marcelo. "Causation in Criminal Responsibility." New Criminal Law Review 11, no. 3 (2008): 470–97. http://dx.doi.org/10.1525/nclr.2008.11.3.470.

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I challenge in this paper a popular view on the causal requirement of criminal liability. The view, which I call physicalism about the causal relation (or physicalism, for short), puts together the claim that the causal requirement demands that the agent causes a crime result (e.g., the death of a person) for her to be paradigmatically responsible for that result, with a conception of causation according to which a causal relation is such that it can only hold between actual events, and never between omissions (or other absences) and events. Physicalism's apparent merit is that it yields an account of the differential treatment actions and omissions receive in criminal law. However, I argue, it does so at the expense of rendering puzzling other uncontroversial features of the criminal law. Moreover, I contend that physicalism is groundless; it picks out a property that just can't play the role that the causal requirement is meant to play. I sketch, finally, an alternative construction of the causal requirement, one that doesn't fall prey of the objections I raised against physicalism.

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36

Maynard, Frances Rieth, and Melanie S. Percy. "Childhood and Criminal Responsibility." Journal of Pediatric Surgical Nursing 9, no. 2 (March 24, 2020): 64–66. http://dx.doi.org/10.1097/jps.0000000000000238.

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37

Elliott, Carl. "Key Concepts: Criminal Responsibility." Philosophy, Psychiatry, & Psychology 3, no. 4 (1996): 305–7. http://dx.doi.org/10.1353/ppp.1996.0042.

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38

Somasundaram, O. "Criminal Responsibility - An Overview." Indian Journal of Psychological Medicine 24, no. 1 (January 2001): 16–21. http://dx.doi.org/10.1177/0975156420010105.

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39

Zejneli, Rina, and Besa Arifi. "Criminal Responsibility (Insanity Defense)." SEEU Review 17, no. 2 (December 1, 2022): 120–38. http://dx.doi.org/10.2478/seeur-2022-0092.

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Abstract Criminal responsibility refers to a person’s ability to understand his action, behavior at the time a crime is committed, what a person is thinking when he commits a crime or the expected result when a crime is committed. Crime is defined in terms of an act or omission (actus reus) and a mental state (mens rea). In this paper, is presented the general concept of irresponsibility and essentially reduced responsibility as a reason to be exempted from the punishment provided by the Criminal Code. Any perpetrator of a criminal offense who is capable of undertaking any action can be an active subject of a criminal offense, with the fact that regarding their sanctioning by the criminal system is concerned there are some restrictions related to age as well as dividing the perpetrators into responsible and non-responsible ones. For a person to be convicted of a crime, there must be evidence that proves his guilt, and that proves whether the perpetrator was in a regular state of mind or committed the criminal offense due to his irresponsibility. Another important element of this scientific paper is the historical aspects of how irresponsibility has been treated from the customary law to the present day, a huge focus gets also the treatment of the biological-psychological concept on one hand and the treatment of the legal concept on the other hand for this category of people. A criminal defendant who turns out to have been incapacitated at the time he committed a crime may be acquitted because of his incapacity, or he may be sentenced leniently because he was unable to understand the importance of his actions. Legally, the defendant must prove and convince the court that he was not able to understand his actions, or he is not able to distinguish right from wrong, or he must prove that he committed the act in uncontrolled impulses.

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40

Plaxton, Michael. "Victor Tadros, Criminal Responsibility." Criminal Law and Philosophy 1, no. 2 (November 9, 2006): 223–26. http://dx.doi.org/10.1007/s11572-006-9019-5.

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41

Morse, Stephen J. "Craziness and criminal responsibility." Behavioral Sciences & the Law 17, no. 2 (April 1999): 147–64. http://dx.doi.org/10.1002/(sici)1099-0798(199904/06)17:2<147::aid-bsl336>3.0.co;2-x.

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42

Carr, Craig L. "Duress and criminal responsibility." Law and Philosophy 10, no. 2 (May 1991): 161–88. http://dx.doi.org/10.1007/bf00143089.

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43

Belichenko, Rimma. "Retribution and humanism of criminal responsibility of persons with diminished responsibility." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2022, no. 3 (October 3, 2022): 65–69. http://dx.doi.org/10.35750/2071-8284-2022-3-65-69.

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Criminal liability of persons with diminished responsibility is one of the actual problems of the general part of criminal law. The author points out how courts take into account diminished responsibility when sentencing. Analysis of court practice shows that humanist approach in this regard is effective not always. It is contained possible ways of taking into account diminished responsibility when sentencing in accordance with criminal law theory and current criminal legislation. It is drawn attention to focusing on enhancing the effectiveness of treatment of persons with diminished responsibility. The article offers to consider consequentialist approach to criminal liability of persons with diminished responsibility. The author shows how this approach is used in foreign science in the study of criminal law issues, in particular – problem of criminal liability of persons with diminished responsibility. It is stated how consequentialism can be used in criminal law theory and practice in regard of criminal liability of persons with diminished responsibility. The study aims to identify effective ways to decide the problem of criminal liability of persons with diminished responsibility based on consequentialist approach. The methodological basis of the research is dialectical method. General scientific methods (systematic, logical, analysis, generalization, interpretation) and particular scientific methods (sociological (survey), formal legal, comparative legal) were used.

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44

Nwafor, Anthony O. "Corporate Criminal Responsibility: A Comparative Analysis." Journal of African Law 57, no. 1 (February 1, 2013): 81–107. http://dx.doi.org/10.1017/s0021855312000162.

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AbstractThis article focuses on the extent of a company's responsibility for the criminal conduct of its employees. It considers the initial reluctance of common law courts to hold corporations criminally responsible for offences requiring mens rea, a mental element not found in artificial persons. The courts overcame this initial difficulty with recourse to the identification doctrine, which seeks to attribute to a company the fault of certain of its officers. However, the restrictiveness and inconsistencies embodied in the various judicial statements of that doctrine precipitated recourse in some jurisdictions to civil law concepts, such as respondeat superior, vicarious liability and even strict liability, to found corporate criminal responsibility. The need to streamline the scope of, if not enhance, corporate criminal liability, has engendered statutory reforms in some jurisdictions. The article considers reforms in Australia, the UK, Canada and the USA, in comparison with the situation in South Africa and Lesotho.

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45

Antoniuk, Nataliia. "Differentiation of criminal responsibility of persons under age." Slovo of the National School of Judges of Ukraine, no. 4(33) (March 15, 2021): 76–87. http://dx.doi.org/10.37566/2707-6849-2020-4(33)-6.

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Differentiation of criminal responsibility of people underage is built based on decreasing of number of punishments which can be imposed on them, and decreasing the duration of these punishments. The feature of person underage also has an impact on peculiarities of exemption from criminal responsibility or punishment, on shortening the terms (statute limitation, criminal record etc.), on possibility of application of certain methods of influence under the Criminal code of Ukraine. Though, sanctions of the norms of the Special part of the Criminal Code are initially constructed to be applied to criminals older than 18 years. That’s why when norms concerning responsibility of a person underage are applied on sanctions of the Special part of the Code, the situations objecting to the primary idea of the legislator (to mitigate the punishment) occur. For instance, if the sanction contains several alternative punishments the court can`t impose some of them on the criminal underage due to normative restrictions. That’s why the judge sometimes is obliged to impose the most strict punishment, as the only one able for being imposed. Moreover, sometimes the court can`t impose any of the punishments, cause all of them can`t be applied to those younger than 18. The algorithm of mitigating punishment for criminals underage, proposed by the legislator, has lots of shortcomings. Sometimes the court has no choice but to impose absolutely defined punishment. Differentiation of criminal responsibility between different groups of people underage is imperfect as well. That’s why, it is necessary to widen the quantity of punishments, and decrease their borders proportionally in such a way, that differentiation of criminal responsibility among groups of people under 18 occurs. Punishments, which can be imposed by the court on persons underage must be restricted in proportional numbers, not absolute. It is reasonable to decrease by 20% for the age group of 16-17 years old and by 30% for the age group of 14-15 years old the upper limit of punishment, which is imposed on persons underage. These provisions must be applied while imposing either the main most strict punishment or alternative less strict main punishments and additional punishments. Keywords: differentiation of criminal responsibility, person underage, punishment, age category.

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Barkhatova, E. N. "Doctrinal issues of criminal responsibility in Russian criminal law." Actual Problems of Russian Law, no. 8 (September 20, 2019): 128–35. http://dx.doi.org/10.17803/1994-1471.2019.105.8.128-135.

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The paper is devoted to determining the moment of criminal responsibility and its content. The positions existing in science and practice are analyzed. The point of view on the occurrence of criminal responsibility at the moment when a person is being charged with a crime is substantiated. This opinion is supported by an analysis of Art. 299 and 305 of the Criminal Code of the Russian Federation. The relationship between the characteristics of the subjective side of the crime and the emergence of criminal responsibility is demonstrated. The content of criminal responsibility has been examined both in the criminal law and in the criminal procedure aspect. The emergence and termination of criminal responsibility, as well as its content, are examined, inter alia, through the prism of the grounds for relief from it provided for in Sec. 11 of the Criminal Code of the Russian Federation. Other measures of a criminal legal nature have been studied as constituting criminal responsibility. The issue of the possibility or impossibility of including them in the content of criminal responsibility has been resolved. The classification of the components forming the content of criminal responsibility is proposed. The definition of criminal responsibility is formulated, which, according to the author, should be enshrined in the Criminal Code of the Russian Federation.

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Blagov, E. V. "The Basis of Criminal Responsibility." Lex Russica, no. 1 (January 1, 2019): 97–107. http://dx.doi.org/10.17803/1729-5920.2019.146.1.097-107.

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Despite the importance for criminal law, the basis of criminal liability remains quite controversial in the criminal law science. At the same time, it has been studied in numerous sources. However, instead of analyzing criminal law, many authors consider it their duty to first share their own ideas about the basis of criminal responsibility, regardless of the actual content of the law.This article is structured differently. It attempts to understand what the norm-maker himself meant when formulating the provisions of art. 8 of the Criminal Code of the Russian Federation. The author finds it necessary to identify and analyze the features introduced by him as the basis of criminal responsibility. At the same time, the views on the basis of criminal responsibility existing in the theory of criminal law are critically examined, the failure of both this basis and the wording of art. 8 of the Criminal Code of the Russian Federation is recognized. The author expresses agreement with the logic of the introduction of a two-pronged basis of criminal responsibility provided by legislators. Based on the study the author proposes and justifies a new solution that better meets the urgent needs of the practice of criminal law implementation.

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Андрейченко, С. С. "GROUNDS EXCLUDING CRIMINAL RESPONSIBILITY IN INTERNATIONAL CRIMINAL LAW." Constitutional State, no. 38 (May 27, 2020): 153–61. http://dx.doi.org/10.18524/2411-2054.2020.38.204119.

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van Kalmthout, Anton. "Intoxication and Criminal Responsibility in Dutch Criminal Law." European Addiction Research 4, no. 3 (1998): 102–6. http://dx.doi.org/10.1159/000018932.

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Goy, Barbara. "Individual Criminal Responsibility before the International Criminal Court." International Criminal Law Review 12, no. 1 (2012): 1–70. http://dx.doi.org/10.1163/157181212x616522.

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For more than 15 years the two ad hoc Tribunals, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), have interpreted the requirements of different forms of individual criminal responsibility. It is thus helpful to look at whether and to what extent the jurisprudence of the ICTY/ICTR may provide guidance to the International Criminal Court (ICC). To this end, this article compares the requirements of individual criminal responsibility at the ICTY/ICTR and the ICC. The article concludes that, applied with caution, the jurisprudence of the ICTY/ICTR – as an expression of international law – can assist in interpreting the modes of liability under the ICC Statute. ICTY/ICTR case law seems to be most helpful with regard to accessorial forms of liability, in particular their objective elements. Moreover, it may assist in interpreting the subjective requirements set out in Article 30 ICC Statute.

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