Journal articles on the topic 'Criminal wrongdoing'
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1
Isaacs, Tracy. "Corporate Agency and Corporate Wrongdoing." New Criminal Law Review 16, no. 2 (2013): 241–60. http://dx.doi.org/10.1525/nclr.2013.16.2.241.
Abstract:
This article presents a philosophical defense of the view that corporations are legitimate responsible agents who may be considered criminally liable under the law. When corporations engage in blameworthy, irresponsible, or criminal actions, corporations are responsible for their actions. Whether this means we should think of them as persons in any robust sense is a separate question and we should be skeptical about conflating responsible agency with personhood. The article concludes with the claim that responsible agency and personhood are conceptually distinct, and that in the end responsible agency is a sufficient basis for criminal liability.
2
Newhouse, M. E. "TWO TYPES OF LEGAL WRONGDOING." Legal Theory 22, no. 1 (March 2016): 59–75. http://dx.doi.org/10.1017/s1352325216000112.
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ABSTRACTThere are two distinct types of legal wrongdoing: civil and criminal. This article demonstrates in three ways that Immanuel Kant's Universal Principle of Right, properly interpreted, offers a plausible and resilient account of this important distinction. First, Kant's principle correctly identifies attempted crimes as crimes themselves even when they do not violate the rights of any individual. Second, it justifies our treatment of reckless endangerment as a crime by distinguishing it from ordinary negligence, traditionally thought to be only civilly wrong. Third, it explains and justifies differences between the features of traditional criminal punishments and the features of civil remedies. Moreover, the Universal Principle of Right yields a Kantian standard for criminal wrongdoing that is compelling enough to inform future philosophical inquiries into the nature and limits of the state's criminal lawmaking authority.
3
Nelkin, Dana Kay, and Samuel C. Rickless. "The Relevance of Intention to Criminal Wrongdoing." Criminal Law and Philosophy 10, no. 4 (October 17, 2014): 745–62. http://dx.doi.org/10.1007/s11572-014-9343-0.
4
Gendre, Vinod. "A Survey on Crime Detection And Prediction Techniques." International Journal for Research in Applied Science and Engineering Technology 10, no. 1 (January 31, 2022): 119–22. http://dx.doi.org/10.22214/ijraset.2022.39785.
Abstract:
Abstract: Crime is a preeminent issue where the main concern has been worried by individual, the local area and government. Wrongdoing forecast utilizes past information and in the wake of investigating information, anticipate the future wrongdoing with area and time. In present days sequential criminal cases quickly happen so it is a provoking assignment to anticipate future wrongdoing precisely with better execution. This paper examines about various wrongdoing expectation and location. A productive wrongdoing forecast framework speeds up the method involved with addressing violations.. Wrongdoing Prediction framework utilizes recorded information and examinations the information utilizing a few dissecting strategies and later can anticipate the examples and patterns of wrongdoing utilizing any of the underneath referenced methodologies. Keywords: Crime Analysis, Data Mining, Classifiaction , Clustering
5
Fox, Adam R., Trevor H. Kvaran, and Reid Griffith Fontaine. "Psychopathy and Culpability: How Responsible Is the Psychopath for Criminal Wrongdoing?" Law & Social Inquiry 38, no. 01 (2013): 1–26. http://dx.doi.org/10.1111/j.1747-4469.2012.01294.x.
Abstract:
Recent research into the psychological and neurobiological underpinnings of psychopathy has raised the question of whether, or to what degree, psychopaths should be considered morally and criminally responsible for their actions. In this article, we review the current empirical literature on psychopathy, focusing particularly on deficits in moral reasoning, and consider several potential conclusions that could be drawn based on this evidence. Our analysis of the empirical evidence on psychopathy suggests that while psychopaths do not meet the criteria for full criminal responsibility, they nonetheless retain some criminal responsibility. We conclude, by introducing the notion of rights as correlative, that even if psychopaths were to be fully nonresponsible, imposing some form of civil commitment would still be warranted.
6
Napanti, Pajriniah Dwi, and Raden Yulia Kartika. "Analisis Yuridis terhadap Tindak Pidana Pembunuhan Berencana Dan Penganiayaan terhadap Anak yang Mengakibatkan Luka Berat (Studi Putusan No. 36/Pid.B/2016/PN.MLL)." Wajah Hukum 5, no. 2 (October 18, 2021): 655. http://dx.doi.org/10.33087/wjh.v5i2.462.
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This review inspects the use of the law to the wrongdoing of planned homicide and judges' contemplations in taking care of the wrongdoing of planned homicide and youngster misuse that outcomes in genuine wounds. This exploration is a regulating juridical examination. The regularizing juridical methodology is a methodology that inspects speculations, ideas, lawful standards and legal guidelines. The strategy of gathering essential lawful materials and optional legitimate materials utilizes the strategies of gathering lawful materials with writing study. The outcomes showed that the utilization of the law against the wrongdoing of planned homicide and abuse of kids bringing about genuine wounds disregards Article 340 of the Criminal Code and Article 80 Paragraph (2) of Law Number 23 of 2002 concerning Child Protection, demonstrating that the respondent perpetrated the wrongdoing of planned homicide. What's more, youngster misuse bringing about genuine wounds. The appointed authority's thought in dealing with this wrongdoing, forces a daily existence detainment. The respondent was accused of having perpetrated a wrongdoing of planned homicide which brought about the passing of casualty Christina Tandioga and youngster misuse which brought about genuine injury to Sestika Santika. For instance, the essential incrimination of the Public Prosecutor, Article 340 of the Criminal Code and the second prime incrimination of the Public Prosecutor, Article 80 Paragraph (2) of Law Number 23 Year 2002.
7
Zimmermann, Annette. "Criminal Disenfranchisement and the Concept of Political Wrongdoing." Philosophy & Public Affairs 47, no. 4 (November 2019): 378–411. http://dx.doi.org/10.1111/papa.12153.
8
Murphy, Colleen. "TECHNOLOGY AND TRANSITIONAL JUSTICE." Social Philosophy and Policy 38, no. 2 (2021): 170–90. http://dx.doi.org/10.1017/s0265052522000103.
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AbstractTransitional justice refers to the process of dealing with widespread wrongdoing characteristically committed during the course of conflict and/or repression. Examples of such processes include criminal trials, truth commissions, reparations, and memorials. Technology is altering the forms that widespread wrongdoing takes. Technology is also altering the form of processes of transitional justice themselves. This essay provides a map of these changes and their normative implications.
9
Crofts, Penny. "Criminalising Institutional Failures to Prevent, Identify or React to Child Sexual Abuse." International Journal for Crime, Justice and Social Democracy 6, no. 3 (September 1, 2017): 104–22. http://dx.doi.org/10.5204/ijcjsd.v6i3.421.
Abstract:
Although there is increasing academic recognition of corporations as criminogenic, the criminal legal system has demonstrated difficulties in conceptualising corporate culpability. The current Royal Commission into Institutional Responses to Child Sexual Abuse provides ample evidence of why organisations can and should be criminalised for systemic failures. I demonstrate that the emphasis upon individualistic subjective culpability by the criminal legal system does not adequately encapsulate the institutional failings detailed before the Royal Commission. Whilst mandatory reporting offences are important, these offences do not adequately respond to the kinds of organisational failings identified by the Royal Commission. I argue in favour of developing a new institutional offence constructed upon realist concepts of negligence and/or corporate culture that recognises that organisations are capable of wrongdoing and sufficiently blameworthy to justify the imposition of criminal sanctions. I conclude by arguing that the expressive role of criminal law justifies and requires the criminalisation of this kind of organisational wrongdoing.
10
Mousourakis, George. "Wrongdoing, Culpability and the Logic of Criminal Law Defences." Acta Juridica Hungarica 44, no. 1-2 (August 2003): 67–87. http://dx.doi.org/10.1556/ajur.44.2003.1-2.4.
11
TEIXEIRA, Alex Volnei, Fabio Roberto D'AVILA, and Marion BACH. "THE CRIMINAL WRONGDOING IN THE CRIME OF TAX EVASION." Revista Juridica 1, no. 58 (April 7, 2020): 44. http://dx.doi.org/10.21902/revistajur.2316-753x.v1i58.3823.
Abstract:
ABSTRACT Objectives: The article's objectives were to describe the distinction in the core of action devaluation and result devaluation, between the illegality of tax evasion within the scope of Administrative Law and tax crime. Methodology: The methodology was based on the deductive method, which characterized the present research as descriptive of qualitative nature, through a comparative bibliographic review, the circumstantial analysis of two specific cases and object of a complaint involving tax evasion and judged by the Brazilian Judiciary. The comparative Brazilian and international bibliographic review converge on the dogmatic concept of a criminal offence and an administrative law.Result: The result presented a critical analysis of the explored cases, which resulted in evidence that the Public Ministry and the Brazilian Courts, due to dogmatic mistakes, do not make, with regard to tax evasion, the correct distinction between administrative and criminal offences. Contributions: The article emphasizes the result of the research that established a dogmatic analysis, with emphasis on the distinction between the criminal offence and the merely administrative offence. As a contribution, the article offered a deep discussion and theoretical knowledge of an academic nature regarding the theme. Keywords: tax evasion; tax crimes; fraud; typical illicit. RESUMO Objetivo: O objetivo deste artigo foi traçar a distinção nos núcleos de desvalor de ação e desvalor de resultado, entre o ilícito de sonegação no âmbito do Direito Administrativo e o crime tributário. Metodologia: A metodologia fundamentou-se no método dedutivo, que caracterizou a presente pesquisa como descritiva de natureza qualitativa, por meio de uma revisão bibliográfica comparada e na análise circunstancial da realidade em dois casos concretos, objeto de denúncia envolvendo sonegação fiscal e julgados pelo Poder Judiciário brasileiro. A revisão bibliográfica brasileira e internacional comparada convergem no conceito dogmático de um ilícito penal e um licito administrativo. Resultado: O resultado apresentou uma crítica aos casos concretos explorados, que resultou em evidencia que o Ministério Público e os Tribunais brasileiros, por equívocos dogmáticos, não realizam, no que refere à sonegação fiscal, a correta distinção entre ilícito administrativo e ilícito penal. Acabam, portanto, equiparandoos. Contribuições: O artigo enfatiza o resultado da pesquisa que estabeleceu uma análise dogmática, com ênfase na distinção entre o ilícito penal e o ilícito meramente administrativo. Ainda como contribuição, o artigo aprofundou a discussão e o conhecimento teórico de caráter acadêmico referente a temática. Palavras-chave: Crime tributário; Sonegação fiscal; Ilícito-típico; Fraude; Desvalor de ação; Desvalor de resultado
12
Cook, III, Julian. "Prosecuting Executive Branch Wrongdoing." University of Michigan Journal of Law Reform, no. 54.2 (2021): 401. http://dx.doi.org/10.36646/mjlr.54.2.prosecuting.
Abstract:
Attorney General William Barr’s handling of Robert Mueller’s Report on the Investigation into Russian Interference in the 2016 Presidential Election was undeniably controversial and raised meaningful questions regarding the impartiality of the Department of Justice. Yet, Barr’s conduct, which occurred at the conclusion of the Mueller investigation, was merely the caboose at the end of a series of controversies that were coupled together from the outset of the investigation. Ensnarled in dissonance from its inception, the Mueller investigation was dogged by controversies that ultimately compromised its legitimacy. Public trust of criminal investigations of executive branch wrongdoing requires prosecutorial independence. To further this critical objective, an investigative and prosecutorial structure must be implemented that grants a prosecutor sufficient latitude to pursue independent investigations while reigning in the exercise of runaway discretion. Indeed, at no time since Watergate has there been such a clear need for reform. This Article will explain why many of the controversies that beset the Mueller investigation can be sourced to the Special Counsel regulations—the rules that governed his appointment, as well as his investigative and prosecutorial authority. And it will explain why many of these ills can be ameliorated by enacting a modified and innovative version of the expired Independent Counsel Statute.
13
Aponte, Luis Ernesto Chiesa. "Normative Gaps in the Criminal Law: A Reasons Theory of Wrongdoing." New Criminal Law Review 10, no. 1 (January 1, 2007): 102–41. http://dx.doi.org/10.1525/nclr.2007.10.1.102.
Abstract:
In this article it is argued that in two controversial homicide cases——severing conjoined twins and downing a hijacked commercial plane headed toward a heavily populated area——it is permissible to kill innocent human beings without having to establish the existence of a claim of justification such as selfdefense or choice of evils. Even though criminal law scholars consider that unjustified conduct is always wrongful, the position defended in the article is that there is a normative gap between an absence of justification and a finding of wrongdoing. This "normative gap defense," which negates wrongdoing without justifying the conduct, is the best way to deal with the troubling homicide cases described above. The normative gap defense is grounded on what is called a "reasons" theory of wrongdoing. According to this theory, the state cannot legitimately prohibit conduct when, in light of the fact that there are powerful utilitarian reasons in favor of performing the act and commanding deontological reasons against performing it, we are in a state of equipoise in which it is impossible for us to determine which course of action is "the right thing to do" (i.e., justified). Under these circumstances, the conduct should be regarded as non——wrongful even though it is unjustified.
14
Slater, James. "CAPACITY, MORAL RESPONSIBILITY AND THE CRIMINAL LAW." Denning Law Journal 19, no. 1 (November 27, 2012): 33–68. http://dx.doi.org/10.5750/dlj.v19i1.377.
Abstract:
This article is concerned with the conflict between two theories of moral responsibility for wrongdoing, one of which I shall term the shallow capacity theory and the other the self-control theory. This conflict is of interest for two reasons. First, and fundamentally, it is important from the perspective of moral philosophy: in this regard, I will argue that the shallow capacity theory is incomplete, and as a result inferior to the self-control theory, which offers a complete account of moral responsibility for wrongdoing. Secondly, given the criminal law’s interest in moral responsibility and blame, I will argue that the self-control theory offers two important insights for the criminal law, insights that the shallow capacity theory does not provide. First, it offers the most accurate understanding of the moral significance of killing under provocation, and thus the best framework for understanding the partial defence of provocation. Secondly, it demonstrates that there is a need in the criminal law for a defence based on radical impairment of an agent’s capacity for self-control, and in so doing offers a vital insight into the notion of a partial denial of moral responsibility. It should be noted that these insights for the criminal law emerge from those features of the self-control theory that make it superior to the shallow capacity theory as a theory of moral responsibility.
15
Gur-Arye, Miriam. "The Structure of Criminal Liability: Complicity." Israel Law Review 30, no. 1-2 (1996): 146–53. http://dx.doi.org/10.1017/s0021223700015004.
Abstract:
The notion of “wrongdoing” is not recognized by the Draft Code. Nor does it classify the criminal law defences as either justification or excuse. Rather, the Draft Code distinguishes between “an offence” and “an act”. The term “offence” is used to cover cases where theactus reusis committed with the mental state required by the definition of the offence, by an offender who is criminally liable. An offender who has a defence, even a personal one, such as insanity, mistake, or duress, commits “an act”. The term “act” is used to indicate that defences negate the criminal nature of the act.I have elsewhere elaborated on the question whether or not a criminal code which aims to reform the criminal law should distinguish between justification and excuse. There I have both discussed and evaluated,inter alia, the proposals of the Draft Code in this context. Therefore, I shall not elaborate on this subject any further. I shall rather focus on the law of complicity and shall discuss three main issues.
16
Coverdale, Helen Brown. "What makes a response to schoolroom wrongs permissible?" Theory and Research in Education 18, no. 1 (March 2020): 23–39. http://dx.doi.org/10.1177/1477878520912997.
Abstract:
Howard’s moral fortification theory of criminal punishment lends itself to justifying correction for children in schools that is supportive. There are good reasons to include other students in the learning opportunity occasioned by doing right in response to wrong, which need not exploit the wrongdoing student as a mere means. Care ethics can facilitate restorative and problem-solving approaches to correction. However, there are overriding reasons against doing so when this stigmatises the wrongdoing student, since this inhibits their learning. Responses that avoidably stigmatise students impermissibly undermine both the developmental ethos of education, and students’ recognition and respect for each other as equals.
17
Kholiq, Abdul, and Gunarto Gunarto. "Concept of Criminal Law on Corruption of Corporate Criminal Liability System Based on Justice Value." Jurnal Daulat Hukum 4, no. 1 (March 6, 2021): 82. http://dx.doi.org/10.30659/jdh.v4i1.14205.
Abstract:
The purpose of writing is to analyze the corporate accountability system in order to impose crimes against corporations, and obstacles to imposing crimes against corporations. The method used is the statute approach and the 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 among law enforcers about the criminality of corporations.
18
Jackson, Miles. "VIRTUOUS ACCOMPLICES IN INTERNATIONAL CRIMINAL LAW." International and Comparative Law Quarterly 68, no. 04 (September 18, 2019): 817–35. http://dx.doi.org/10.1017/s0020589319000307.
Abstract:
AbstractHumanitarian actors sometimes have to decide whether to render assistance in situations that put them at risk of liability for aiding and abetting under international criminal law. This is the problem of the virtuous accomplice—the idea that knowingly contributing to the wrongdoing of others might, exceptionally, be the right thing to do. This article explains why the problem arises and clarifies its scope, before turning to criminal law in England and Wales and Germany to assess potential solutions. It argues that the best approach is to accept a defence of necessity—of justified complicity—and shows that such an argument works in international criminal law.
19
Grosse-Wilde, Thomas. "Verbotsgrade und „kontra-normative“, hypothetische Welten. Zu Wolfgang Spohns Rangtheorie, übertragen auf rechtliche Normensysteme." Rechtsphilosophie 8, no. 2 (2022): 131–51. http://dx.doi.org/10.5771/2364-1355-2022-2-131.
Abstract:
That wrongdoing can be understood as scalar rather than bivalent, is a kind of truism in modern criminal law theory. But how exactly the strength and stringency of legal prohibitions and corresponding obligations can be conceptualized, is a complicated and intriguing topic. So, Wolfgang Spohn’s elegant, fresh start with a normative ranking theoretic conception of a prohibition order should be warmly welcomed by legal theorists for scrutinized discussion. Anyhow caution is warranted when “counter-normative”, similar worlds-thought experiments are introduced which promise an easy way out of the bramble bush of comparing and weighing different wrongdoings and offences in our actual (factual and normative) world. Furthermore, Spohn’s fact-regarding normative reasoning is too much rooted in modern decision theory, that it can be regarded as completely “theory-neutral” between different understandings of legal norms within deontological and consequentialist theories.
20
Bayles, Michael D., and Joel Feinberg. "Harmless Wrongdoing: The Moral Limits of the Criminal Law, Vol. 4." Law and Philosophy 7, no. 3 (1988): 395. http://dx.doi.org/10.2307/3504644.
21
von Hirsch, Andrew. "The Offence Principle in Criminal Law: Affront to Sensibility or Wrongdoing?" King's Law Journal 11, no. 1 (January 2000): 78–89. http://dx.doi.org/10.1080/09615768.2000.11423593.
22
Chapman, Bruce. "A Theory of Criminal Law Excuses." Canadian Journal of Law & Jurisprudence 1, no. 1 (January 1988): 75–86. http://dx.doi.org/10.1017/s0841820900000618.
Abstract:
From earliest times it has been recognized that there are situations in which it is inappropriate to hold someone criminally liable despite his apparent violation of the law. Such situations are said to excuse the accused from his wrongdoing. In the Nichomachean Ethics, for example, Aristotle claims that “any sensible man” would throw another’s goods overboard in a storm if such an action was necessary to save both himself and his crew. And in Leviathan, Hobbes remarks that “If a man by the terrour of present death, be compelled to doe a fact against the Law, he is totally Excused; because no Law can oblige a man to abandon his own preservation”.
23
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.
Abstract:
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.
24
Gendre, Vinod. "Efficient Crime Analysis Based on Hybrid Approach by Combining Dynamic Time Wrapping Algorithm with K-Means Clustering Approach." International Journal for Research in Applied Science and Engineering Technology 10, no. 6 (June 30, 2022): 4394–401. http://dx.doi.org/10.22214/ijraset.2022.44846.
Abstract:
Abstract: Crime is a preeminent issue where the main concern has been worried by individual, the local area and government. Wrongdoing forecast utilizes past information and in the wake of investigating information, anticipate the future wrongdoing with area and time. In present days sequential criminal cases quickly happen so it is a provoking assignment to anticipate future wrongdoing precisely with better execution. Clustering different time series into similar groups is a challenging clustering task because each data point is an ordered sequence. The most common approach to time series clustering is to flatten the time series into a table, with a column for each time index (or aggregation of the series) and directly apply standard clustering algorithms like k-means. But this doesn’t always work well on Time Series Data. The paper focuses on combining the features of K-Means Clustering algorithm with Dynamic Time Wrapping Algorithm for efficient Crime prediction and analysis
25
Putri, Nurhadisyah Mulqi, and Puti Priyana. "Penegakan Kode Etik Kejaksaan terhadap Jaksa Yang Melakukan Tindak Pidana Narkotika." Wajah Hukum 5, no. 2 (October 15, 2021): 460. http://dx.doi.org/10.33087/wjh.v5i2.508.
Abstract:
As indicated by Article 30 passage 1 letter b of the Prosecutor's Law, the Public Prosecutor as a public investigator has the power to indict instances of criminal demonstrations. For this situation, particularly opiates wrongdoings as managed in the Law on Narcotics and can't be isolated from the criminal equity framework. The job of the investigator's office in arraigning opiates crooks is to facilitate with other policemen, particularly BNN officials, the Police, and PPNS. This review utilizes a regularizing juridical methodology, by looking at and deciphering hypothetical issue concerning the standards, originations, precepts and legitimate standards identifying with law requirement against investigators who carry out opiates violations. The outcomes show that the Narcotics Law doesn't manage the examiner's office in opiates cases; they just endorse the beginning of the examination and get the minutes of the examination. The most prevailing deterrent is knowing current realities on the ground considering the way that the Public Prosecutor can't explore opiates cases in the field. opiates wrongdoing cases since opiates are identified with the public interest. The law on opiates should give the examiner the position to become agents.
26
Rupcic, Sonia. "Mens Daemonica: Guilt, Justice, and the Occult in South Africa." Comparative Studies in Society and History 63, no. 3 (June 29, 2021): 599–624. http://dx.doi.org/10.1017/s0010417521000165.
Abstract:
AbstractIn winter 2014, the town of Thohoyandou, South Africa was gripped with panic after a series of rapes and murders. In this area, notorious for its occult specialists and witchcraft, stories began to circulate attributing the violence to demonic forces. These stories were given credence by the young man who was charged with these crimes. In his testimony, he confirmed that he was possessed by evil forces. Taking this story as a point of departure, this article provides an empirical account of the ambivalent ways state sites of criminal justice grapple with the occult in South Africa. Drawing on twenty-two months of ethnographic fieldwork, I describe how spirit possession is not easily reconciled with legal methods of parsing criminal liability in courtrooms. And yet, when imprisoned people are paroled, the state entertains the possibility of bewitchment in public ceremonies of reconciliation. Abstracting from local stories about the occult, this article proposes mens daemonica (“demonic mind”) to describe this state of hijacked selfhood and as an alternative to the mens rea (“criminal mind”) observed in criminal law. While the latter seeks the cause of wrongdoing in the authentic will of the autonomous, self-governing subject, mens daemonica describes a putatively extra-legal idea of captured volition that implicates a vast and ultimately unknowable range of others and objects in what only appears to be a singular act of wrongdoing. This way of reckoning culpability has the potential to inspire new approaches to justice.
27
Höörnle, Tatjana. "Social Expectations in the Criminal Law: The "Reasonable Person" in a Comparative Perspective." New Criminal Law Review 11, no. 1 (January 1, 2008): 1–32. http://dx.doi.org/10.1525/nclr.2008.11.1.1.
Abstract:
The "reasonable person" plays an important role in English and American criminal law, but not in German criminal law. The comparative view yields a number of differences (for example, with respect to negligent crimes, errors about justifying circumstances, and excuses like duress). Besides analyzing such differences, the article examines the legitimate role of social expectations in criminal law (which stand behind references to the "reasonable person") beyond the details of different legal systems. It concludes that one must distinguish judgments about wrongdoing from judgments about personal responsibility. The former are shaped by social expectations, while personal responsibility needs to be evaluated with a view to the individual offender.
28
Michalakea, Taygeti. "Article 46C of the Malabo Protocol: A Contextually Tailored Approach to Corporate Criminal Liability and Its Contours." International Human Rights Law Review 7, no. 2 (November 29, 2018): 225–48. http://dx.doi.org/10.1163/22131035-00702003.
Abstract:
This article examines the corporate criminal liability provision of the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (Malabo Protocol), which is the first to grant an international or regional criminal court jurisdiction over corporations. It analyses the provision in light of the wide substantial jurisdiction of the future criminal law section of the African Court of Justice and Human and Peoples’ Rights, the complementarity provision, the modes of responsibility and demonstrates its strengths and weaknesses. It argues that the corporate criminal liability provision will particularly contribute to a regional quest for justice and accountability against corporate impunity, as it is contextually tailored but also well equipped to address corporate wrongdoing.
29
Egorov, A. A. "Category “Wrongdoings” in Psychological Theory of Law." Actual Problems of Russian Law, no. 9 (October 5, 2019): 19–26. http://dx.doi.org/10.17803/1994-1471.2019.106.9.019-026.
Abstract:
The article is devoted to the analysis of the category of a wrongdoing within the psychological theory of law on the example of the works of outstanding Russian thinkers, namely: Lev (Leon) Iosifovich Petrazhitskiy and Veniamin Mikhailovich Khvostov. The author analyzes the interrelation between morality and law in the context of consequences of their violations that are reflected in ethical experiences, relapses of ethical processes and their perception by others. The author investigates laws of psychology that distinguish law from morality and forms of their manifestations. The paper analyzes and examines the definition of a wrongdoing given by Veniamin M. Khvostov and describes its signs: an act, wrongfulness, competency of the wrongdoer. The author analyzes the views of the researcher concerning subjective and objective elements of the wrongdoing and their forms by comparing with the legislative norms that were in force at that time of the Criminal Code adopted on March 22, 1903. To sum up, the author has made conclusions on the ground of the analysis of issues under consideration.
30
Lernau, Hagit. "A Research Evaluation of the Israeli New Pretrial Detention Act." Israel Law Review 35, no. 2-3 (2001): 266–84. http://dx.doi.org/10.1017/s0021223700012218.
Abstract:
One of the most influential attempts to describe and comprehend the criminal law system is Packer's celebrated notion regarding the “Two Models of the Criminal Justice System.” Packer regards the criminal justice process as an image constantly shifting between two conflicting models — the “Crime Control Model” and the “Due Process Model” of criminal law. The first model strives to create an effective criminal system that will protect society's right to peace and safety. This aim may be achieved by emphasizing the earlier, informal stages in the law enforcement procedure, namely, police investigation and the decision to prosecute. The second model aims to ensure that the law enforcement process, which is one of the most coercive powers of the state, will be conducted in a lawful manner that will protect suspects and defendants from both intentional wrongdoing and from unintentional mistakes.
31
Horder, Jeremy. "The courts’ development of the criminal law and the role of declarations." Legal Studies 40, no. 1 (September 13, 2019): 42–54. http://dx.doi.org/10.1017/lst.2019.11.
Abstract:
AbstractI consider the ways in which the courts use a variety of existing powers to determine the scope of criminal offences, on a prospective basis, through declarations as to the limits or extent of the law. I argue that the courts should be emboldened to build on these powers through greater openness to the circumstances in which declarations may be issued. In particular, courts should be more open to actions for declarations as to the scope of criminal offences brought by a broader range of third parties, such as third sector organisations devoted to exposing wrongdoing.
32
Kilcommins, Shane. "The victim in the Irish criminal process: a journey from dispossession towards partial repossession." Northern Ireland Legal Quarterly 68, no. 4 (December 21, 2017): 505–17. http://dx.doi.org/10.53386/nilq.v68i4.61.
Abstract:
This article has sought to examine the criminal justice system’s interactions with victims of crime. It is a relationship which has changed irrevocably over time. A significant discontinuity occurred in the nineteenth century when a new architecture of criminal and penal semiotics slowly emerged. An institutional way of knowing interpersonal conflict crystallised, one which reified system relations over personal experiences. It also emphasised new ideals and values such as proportionality, legalism, procedural rationality, equality and uniformity. New commitments, discourses and practices came to the fore in the criminal justice network. In modernity, the problem of criminal wrongdoing became a rationalised domain of action, a site which actively distrusted and excluded ‘non-objective’ truth claims. The state, the law, the accused and the public interest became the principal claims-makers within this institutional and normative arrangement, an arrangement which would dominate criminal and penal relations for the next 150 years. In the last 40 years, the victim has slowly re-emerged as a stakeholder in the criminal process.
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MARTELETO FILHO, Wagner. "A culpabilidade como pressuposto do ilícito penal: considerações sobre a dissolução das fronteiras entre o ilícito e a culpabilidade." Revista do Instituto de Ciências Penais 7, no. 2 (2022): 285–317. http://dx.doi.org/10.46274/1809-192xricp2022v7n2p285-317.
Abstract:
The present article intends to argue the normative correctness of the strict separation between the wrongdoing and the culpability. The arguments that demand separation are critically analyzed, especially those based on: a) the perspective of the offended and as also on his right of defense in relation of a non-culpable offense; b) the necessity to punish the accomplice of a typical and illicit act (which would not be achieved with an intrinsically culpable wrongdoing); and c) the need to ensure an objective reference object for the mistake of law. Then, based on nomotheoretical premises (= only those who have the competence to do so can argue the norm; the extent of the behavior’s norm and guarantee’s norm are distinguished etc.) and, above all, with a view to the specific function of Criminal Law (considered, here, as the protection of the norm and the reaction to the denial of its validity), it is argued that there are good reasons for the dissolution of the boundaries between wrongdoing and culpability, with consequences particularly relevant to the level of “dolus” and mistake, which are now examined in accordance with the responsibility principle
34
Gibson, Matthew. "Deceptive Sexual Relations: A Theory of Criminal Liability." Oxford Journal of Legal Studies 40, no. 1 (December 5, 2019): 82–109. http://dx.doi.org/10.1093/ojls/gqz031.
Abstract:
Abstract Many common law jurisdictions criminalise penetrative and non-penetrative deceptive sexual relations. Often, they prohibit that conduct under their principal sexual offences, namely rape, sexual/indecent assault etc. This article challenges that practice via two linked processes: criminalisation and fair labelling, respectively. First, it argues that, whilst deceptive sexual relations (with one exception) are equally harmful to a victim’s right to sexual autonomy as the relations proscribed by the principal sexual offences, they represent a different wrong. Secondly, it contends that this view entails the creation of separate sexual offences targeting penetrative and non-penetrative deceptive sexual relations. This would better signal to the criminal law’s audiences the distinct wrongdoing inherent in these relations. Such labelling becomes critical at the point of conviction given its effects on defendants and other parties.
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Khalili, Seyyed Ahmad Mir, Abbas Kalantari, and Fatemeh Rezaei Zarchi. "Criminal Responsibility for Concealing Truth in Finance." Journal of Legal Studies 23, no. 37 (June 1, 2019): 16–32. http://dx.doi.org/10.2478/jles-2019-0002.
Abstract:
Abstract The disguise of truth as one of the main sources of blameworthy in the Qur’an and the customs has been extremely condemned and has cautioned the concealer. In light of the Quranic documentation and the legitimacy of the disguise of reality, it has been acknowledged and acknowledged that instances of household and outside business sectors that reason doubt of merchants and uncertainty in the monetary space have been a wellspring of perplexity by the gatherings to the agreement. In Iran’s law, regardless of the expectation of common risk, including pay and end for hiding reality, no assurance of criminal requirement has been predicted. In this article, alluding to the refrains and portrayals, the standard of wellbeing and the guideline of the supply of products reality in contracts where the purposeful camouflage causes unsalvageable harm, by adjusting the components of wrongdoing, notwithstanding thoughtful risk, for hiding criminal obligation.
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Fisher, Kirsten J. "Purpose-based or knowledge-based intention for collective wrongdoing in international criminal law?" International Journal of Law in Context 10, no. 2 (May 1, 2014): 163–76. http://dx.doi.org/10.1017/s1744552314000020.
Abstract:
AbstractDue to the distinct nature of international crimes such as genocide and crimes against humanity originating out of and contributing to the pervasive collective character of mass atrocity, the appropriate mens rea for individual commission of these crimes is difficult to pin down. The mens rea for these international crimes has been deliberated, disputed and inconsistently applied, leaving what it means for individuals to intend to commit crimes of mass atrocity mired in confusion. This paper explores the meaning of intentional commission of collective crime, and demonstrates that from both philosophical and legal perspectives, acting intentionally in the context of mass atrocity can be interpreted in different ways, resulting in a condition of international criminal law which is at risk of unpredictability and expressive uncertainty. The paper endorses purpose-based, rather than knowledge-based, intent as the appropriate standard in the context of international crimes by arguing that mere knowledge of outcomes is insufficient.
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JACKSON, MILES. "The Attribution of Responsibility and Modes of Liability in International Criminal Law." Leiden Journal of International Law 29, no. 3 (July 28, 2016): 879–95. http://dx.doi.org/10.1017/s0922156516000352.
Abstract:
AbstractIn 2012, James Stewart published an article in this journal. The piece – ‘The End of “Modes of Liability” for International Crimes’ – argued for the abolition of accomplice liability in international criminal law and the adoption of a unitary model of participation in crime. This article argues that Stewart's proposal is flawed. As a matter of moral responsibility, the distinction between principals and accomplices follows from the recognition of individuals as moral agents. Turning to ordinary criminal responsibility, neither practical benefits nor expressive benefits nor the mitigating effects of the distinctive institution of criminal sentencing justifies the abolition of the distinction between principals and accomplices. Moreover, despite the collective nature of many international crimes, international criminal law ought to strive to accurately differentiate, in the attribution of responsibility, among participants. Only a differentiated model of participation can accurately and defensibly capture the different ways that individuals contribute to wrongdoing.
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Filchakov, A. V. "The state of scientific development of the problem of operational and investigative counteraction by criminal police units to the promotion of criminally illegal activities of an organized group or criminal organization." Bulletin of Kharkiv National University of Internal Affairs 95, no. 4 (December 24, 2021): 230–42. http://dx.doi.org/10.32631/v.2021.4.20.
Abstract:
The article examines the state of scientific development of assistance to criminally illegal activities of an organized group or criminal organization in the context of consideration of various aspects of operational and investigative counteraction to criminal wrongdoing by criminal police units.
The relevance of the topic is proved, the priority directions that will contribute to the solution of the scientific problem are determined. It is proved that this scientific problem is insufficiently paid attention to in the works of domestic specialists in the field of operative-investigative activity, as well as at the level of dissertation and monographic research, the problem of operational and investigative counteraction by criminal police units is insufficiently studied in the field of operational and investigative activities. It is noted that solving the problems of counteracting the state of illegal activities of organized groups or criminal organizations requires a comprehensive approach and implementation of appropriate measures by the government and society to promote processes to prevent illegal activities, neutralize existing groups and organizations, overcome the consequences of participants these communities.
It is emphasized that the priority is scientific problems related to the provision of freelancers of operational development of persons who contribute to the illegal activities of organized groups or criminal organizations; using criminal analytics to identify individuals who contribute to the illegal activities of organized groups or criminal organizations; separation of the category of persons who contribute to the illegal activities of organized groups or criminal organizations in the operational records of the National Police of Ukraine; the use of covert investigative (search) actions against persons who contribute to the illegal activities of organized groups or criminal organizations; conducting operational and investigative measures in order to identify primary operational and investigative information regarding persons who contribute to the illegal activities of organized groups or criminal organizations.
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Werhane, Patricia H. "Moral Imagination and the Search for Ethical Decision-Making in Management." Business Ethics Quarterly 8, S1 (1998): 75–98. http://dx.doi.org/10.1017/s1052150x00400084.
Abstract:
1993: GE’s NBC News unit issues an on-air apology to General Motors for staging a misleading simulated crash test. NBC agrees to pay GM’s estimated $1 million legal and investigation expenses.February 1994: The Justice Department brought a criminal antitrust case against General Electric, accusing it of conspiring with an arm of the South African DeBeers diamond cartel to fix prices in the $600 million world market for industrial diamonds. General Electric denied wrongdoing...
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Goymour, Amy. "SQUATTERS AND THE CRIMINAL LAW: CAN TWO WRONGS MAKE A RIGHT?" Cambridge Law Journal 73, no. 3 (November 2014): 484–87. http://dx.doi.org/10.1017/s0008197314000932.
Abstract:
DOES wrongdoing by a squatter prevent him from acquiring title to another person's land via the law of adverse possession? The answer is plainly “no” where the squatter is a civil, tortious wrongdoer: the law not only condones, but positively requires a successful adverse possession claimant to have committed the tort of trespass over the true owner's land (this condition is inherent in the requirement that the squatter's possession be “adverse”). But what happens where the tortious acts that establish the squatter's adverse possession also constitute a criminal offence? This was the tricky question facing the court in Best v The Chief Land Registrar [2014] EWHC (Admin) 1370.
41
Khyzhnyak, Ye S. "Directions for the implementation of foreign experience in operative and investigative counteraction to intentional murders by criminal police units (on the example of Canada and the USA)." Law and Safety 86, no. 3 (September 28, 2022): 104–15. http://dx.doi.org/10.32631/pb.2022.3.09.
Abstract:
Recently, scientific interest in the study of foreign experience in combating criminal illegality among domestic scientists is constantly growing, which indicates an effort to investigate the best preventive practices of separate countries and the search for ways of their implementation in Ukraine. However, with regard to the direct study of the foreign experience of operative and investigative countermeasures against intentional murders by police units of various foreign countries, there is a lack of such studies today, which increases the relevance of the chosen direction and gives prospects for determining effective practices using a targeted approach to combating deliberate murders and defining such a model of operative and investigative activity. The choice of an appropriate strategy by a particular state and the formation of an appropriate preventive program or a program to combat criminal wrongdoing is determined not only by the current criminogenic situation in this country and in the world in general, but also by the relevant historical, cultural and religious traditions. When considering the specifics of combating criminal wrongdoing in a particular country, it is necessary to take into account the country's membership of the corresponding criminological system. Modern criminology distinguishes Anglo-American, Western European, East Asian, socialist, Muslim and mixed criminological systems.
The reforms that have been taking place in Ukraine recently require restructuring and a significant increase in the level of efficiency and quality of law enforcement agencies. First of all, these requirements apply to operational units, patrol police and community police officers. Successful implementation of the tasks assigned to these divisions is impossible without taking into account the best examples of the experience of countries such as Canada and the USA. The purpose of the article is to analyze the international experience of operational and investigative prevention of intentional homicides by criminal police units, as well as legislation that provides for the development of an effective system of prevention of intentional homicides in Ukraine. The task of the research is the analysis of various programs to combat intentional homicides that operate in different countries of the world, as well as the international experience of operative and investigative prevention of intentional homicides, which can become the basis for the development of appropriate Ukrainian legislation in this area. The positive international experience of operative and investigative prevention of intentional murders is analyzed. The experience of the USA in combating criminal wrongdoing, in particular intentional murders, is considered, and three models of preventive activity are distinguished and analyzed: the model of social institutions, the model of individual safety, and the model of influence through the environment. It was concluded that conducting a comparative analysis of the prevention of intentional homicides in different countries is the basis for the development of the most promising directions for improving domestic legislation in this area.
42
Bronitt, Simon, and Alessia D'Amico. "Fighting Cartels and Corporate Corruption - Public versus Private Enforcement Models." University of Queensland Law Journal 37, no. 1 (May 18, 2020): 69–84. http://dx.doi.org/10.38127/uqlj.v37i1.4135.
Abstract:
Our ambition is to examine the legal responses to cartel wrongdoing, drawing insights and parallels with new and emerging models of corporate responsibility applied to deal with other white-collar crimes. Our article traces how traditional legal binaries — public versus private law, and criminal versus civil law — are being increasingly challenged by legal hybridity, and the emergence of a range of new regulatory tools that meld together a wide range of purposes including prevention, deterrence, retribution, incapacitation, restorative justice, restitution and compensation.
43
Münch, Wolfgang. "Wrongdoing of International Civil Servants ― Referral of Cases to National Authorities for Criminal Prosecution." Max Planck Yearbook of United Nations Law Online 10, no. 1 (2006): 71–88. http://dx.doi.org/10.1163/187574106x00038.
44
Münch, Wolfgang. "Wrongdoing of International Civil Servants – Referral of Cases to National Authorities for Criminal Prosecution." Max Planck Yearbook of United Nations Law Online 10, no. 1 (June 1, 2006): 71–88. http://dx.doi.org/10.1163/138946306783559940.
45
Wall, Jesse. "Public Wrongs and Private Wrongs." Canadian Journal of Law & Jurisprudence 31, no. 1 (February 2018): 177–96. http://dx.doi.org/10.1017/cjlj.2018.8.
Abstract:
There are a set of wrongs that are normatively distinct as ‘criminal wrongs’, and yet, there is disagreement as to ‘the basic features of criminal liability’ that explain this normative distinctiveness. The only consensus has been that criminal wrongs are ‘public wrongs’. For some, they are public wrongs in the sense that they infringe the values and interests for which the community has a shared and mutual concern. For others, they are public wrongs in the sense that they are the wrongs that public officials are responsible for punishing. A third view is that they are public wrongs in the sense that there are procedural advantages of having public officials empowered to address the wrongdoing. I argue here that the first two views are analytically inseparable: the considerations that explain the wrongs that merit social prohibition are the same considerations that explain the censuring and punitive response of the criminal law. I also argue here that, contrary to the third view, the powers of public officials in criminal law procedures follow from, rather than explain, the concept of a crime being a public wrong. Procedural advantages can explain how criminal wrongs are public wrongs, but they cannot explain why criminal wrongs are public wrongs.
46
Chariri, Agus. "Criminal Settlement Of Criminal Acts Of Motorcycle Theft By Child Through Restorative Justice." International Journal of Educational Research & Social Sciences 3, no. 4 (September 1, 2022): 1359–67. http://dx.doi.org/10.51601/ijersc.v3i4.442.
Abstract:
A criminal act is an unlawful behavior carried out by an individual and must be punished for the wrongdoing as stated in the law. Criminal acts committed by children or known as juvenile delinquency are now increasingly widespread and varied, both in frequency in quantity or in seriousness in quality in the form of crime. If child crime develops rapidly and widely, what happens is that children who commit crimes will grow into adults and have the potential to become criminals if there is no serious response early on. This study uses an approach with a normative juridical method with a descriptive analytical research specification. The data used is secondary data. Based on the research results, the conclusions in this study include 1) The factors that cause children to commit the crime of theft include internal factors (personality), environmental factors and economic factors. 2) Implementation of restorative justice in handling the crime of motorcycle theft which is in accordance with the Implementation of the Diversion Child Criminal Justice System Law Number 11 of 2012. In applying restorative/diversion justice, there are always efforts for every child who commits a crime. In some cases, diversion can be carried out with the consent of all parties, so that the case does not reach the prosecution level. Restorative justice only applies to petty crimes, with mediation through deliberation. The application of restorative justice has not been effective, because there are still people who fail to implement the purpose of diversion in the investigation of criminal cases of theft of children's motorcycles, especially the police have not implemented the purpose of restorative justice. Everything from the number of children who steal motorcycles. 3) Obstacles in overcoming the crime of motorcycle theft by children through restorative justice, namely the difference in perceptions related to the meaning of justice by restorative justice actors and the existence of an incosystem in the implementation of regulations, especially those regulated in article 7 paragraph (2) of law number 11 of 2012 about the juvenile criminal justice system.
47
Horder, Jeremy. "Varieties of intention, criminal attempts and endangerment." Legal Studies 14, no. 3 (November 1994): 335–44. http://dx.doi.org/10.1111/j.1748-121x.1994.tb00507.x.
Abstract:
Intended conduct is not the only means by which people, for good or ill, make their presence felt in the world. Nonetheless, much judicial and academic learning exists on the meaning of intention in law. In spite of so much learning, however, our understanding of how intention affects the wrongfulness of conduct remains impoverished. The impression given by case law and commentary is that the important issues raised by the role of intention in the criminal law can largely be exhausted by exploration of the distinction between direct and oblique intention: between desired goals and side-effects foreseen as certain in acting. Nothing could be further from the truth. In particular, there is far more richness and complexity in the concept of direct intention itself than has been hitherto realised. In this article, I will focus on two more or less neglected species of direct intention: the intention to try to do wrong, and the intention to expose another to the risk of wrongdoing. An understanding of the moral significance of these kmds of intention enhances our understanding of the nature and scope of criminal attempts and possible offences of endangerment in English law.
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Pratt, John, and Michelle Miao. "Risk, Populism, and Criminal Law." New Criminal Law Review 22, no. 4 (2019): 391–433. http://dx.doi.org/10.1525/nclr.2019.22.4.391.
Abstract:
Criminal law is being broadened from its normative and moral response to wrongdoing to include the capacity to act as a preventive force. As well as reacting to crime that has been committed, it also attempts to control the risk of future crime. In so doing, preventive criminal law makes use of hybrid and retrospective legislation, while reversing or lowering burdens of proof if these are thought to unfairly advantage offenders/defendants, raising important human rights issues. We argue that this emphasis on controlling risk was the response to issues of uncertainty and insecurity generated by post-1970s economic and social restructuring. Where, though, do these criminal law characteristics of “risk society” now sit, given the contemporary rise of populist politics? Populism promises an end to risk and its attendant uncertainties and anxieties, but it is already extending rather than reversing the preventive capacity of criminal law. This is because populism continuously needs to find new victims that it embraces and pledges to defend against their assailants, law-breakers or otherwise, real or imagined. The focus of risk control thus embraces new populations—refugees, asylum seekers, immigrants of all kinds, legal or otherwise. Conventions such as the rule of law and the separation of powers that might previously have limited such interventions are brushed aside as outmoded examples of elitist thinking. Instead, security is prioritized over residual concerns about due process, while also prioritizing public protection over individual rights.
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Fallah, Mehrdad Soleiman, and Abdolvahid Zahedi. "POLITICAL CRIME IN THE IRANIAN PENAL SYSTEM AND THE POSITION OF CONSTITUTIONAL CIVIL LIBERTIES IN CRIMINALIZING POLITICAL CRIME." Humanities & Social Sciences Reviews 9, no. 3 (June 23, 2021): 1099–112. http://dx.doi.org/10.18510/hssr.2021.93109.
Abstract:
Purpose: This study aims to analyze political crime in the Iranian penal system and the place of civil, constitutional freedoms in the criminalization of political crime.
Methodology: In this study, we have tried to study articles and related research in this field and analyze the results of each to make a proper conclusion about the relationship between the Iranian systems in dealing with political crimes. Therefore, the only tools used in this study are documents related to political crimes at the international level.
Main findings: Political Crime Law enacted in 2016, despite the basic forms of extensive discretion and lack of specific criteria for the judicial authority in determining whether a crime is political or non-political, practically made this law ineffective, regardless of the problems mentioned.
Application of the study: Since the commencement of the country, political wrongdoing has been viewed as wrongdoing against the public authority. Therefore, the results of this study can be very effective in improving the performance of governments in preventing possible crimes against governments.
Novelty/Originality: Given the multiplicity of political crimes in our country, as well as the complexities involved in the case of political crimes, it seems that in the history of our criminal law, there has been a will to legislate and determine the exact causes of political crime, and governments in most historical periods, they have made great efforts to identify political criminals. The novelty of this research lies in investigating the effect of political crimes on legal confusion in legislating political offenses.
50
Goldstock, Ronald, and Steven Chananie. ""Criminal" Lawyers: The Use of Electronic Surveillance and Search Warrants in the Investigation and Prosecution of Attorneys Suspected of Criminal Wrongdoing." University of Pennsylvania Law Review 136, no. 6 (June 1988): 1855. http://dx.doi.org/10.2307/3312147.