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Journal articles on the topic 'Harmonisation of criminal law and penalties'

Author: Grafiati

Published: 4 June 2021

Last updated: 7 February 2022

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1

Vanni, Domitilla. "Are we any good at protecting our societies and economies from the threat of economic crime and misconduct?" Journal of Financial Crime 26, no. 4 (2019): 1006–13. http://dx.doi.org/10.1108/jfc-11-2017-0115.

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Purpose This paper aims to outline the Italian framework of rules against economic crime and to verify if Italian legislation provides for appropriate and effective measures according to own needs both at a national and European level. Design/methodology/approach The paper uses a comparative approach by examining the European and Italian legal systems for finding analogies and differences between them. Findings The study has revealed the need of a greater international harmonisation of criminal laws and penalties as well as the transnationality of the economic crime cuts the chance of success

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2

SPJUT, R. J. "CRIMINAL LAW, PUNISHMENT, AND PENALTIES." Oxford Journal of Legal Studies 5, no. 1 (1985): 33–46. http://dx.doi.org/10.1093/ojls/5.1.33.

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3

Jovašević, Dragan. "The repeated crime in criminal law." Glasnik Advokatske komore Vojvodine 70, no. 9 (1998): 291–306. http://dx.doi.org/10.5937/gakv9807291j.

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The persons against whom the regular criminal penalties have not proven to be effective, justified and appropriate, present a special danger to the society. It is an open issue whether the society should apply more severe penalties against them, or some other penal measures in addition to or instead of the existing penalty. The answer to this question has been different in the criminal practice of different countries depending on the character and features of the criminal law system of a particular country' and its needs for application of adequate measures of protection from all kinds and for

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4

Utomo, Sulistyo, and Ira Alia Maerani. "Application of Criminal Penalties in Child Protection Law in the State Court Of Ngawi." Jurnal Daulat Hukum 2, no. 4 (2020): 571. http://dx.doi.org/10.30659/jdh.v2i4.8351.

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This research aims to identify and analyze the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia and analyze the effectiveness of criminal fines when viewed from the perspective of children as victims of crime.Method used is socio-juridical using primary and secondary data. Primary data collection technique is done with the interview, and secondary data by reading, reviewing and analyzing primary legal materials, secondary legal materials, tertiary legal materials with qualitative analysis techniques, interpreted logically and sy

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5

Jovašević, Dragan. "The system of penalties against property in the criminal law of Serbia and Montenegro." Glasnik Advokatske komore Vojvodine 77, no. 10 (2005): 613–28. http://dx.doi.org/10.5937/gakv0512613j.

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Different criminal legal systems set forth different methods and measures in prevention and abolition of crime in general, and particularly crime against property, which prevails in the structure of contemporary crime. Criminal penalties are among them based on the-k Battue, character, effect and significance. Considering specific character of criminal acts against property and their offenders, the law provides for the specific types of penalties: penalties - fine and confiscation of property and security measure-confiscation of item, which have both repressive and extremely preventive charact

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6

Asp, Petter. "Harmonisation and Cooperation within the Third Pillar—Built in Risks." Cambridge Yearbook of European Legal Studies 4 (2001): 15–23. http://dx.doi.org/10.1017/s1528887000003992.

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During the past nine years, co-operation in criminal matters within the European Union has developed in a rather fascinating way. Before the Maastricht Treaty, which entered into force in 1993, there was not much co-operation in this area at all. During the time before Maastricht, the focus was on the creation of the internal market, on the rules on competition etc. and criminal law did not fall within the scope of the Treaties. Thus, although Community law had (and has) some implications for national criminal law and despite the fact that some conventions were agreed upon within the European

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7

Тарбагаев, Алексей. "RUSSIAN CRIMINAL LAW SYSTEM OF PENALTIES EFFICIENCY ISSUES." Криминологический журнал Байкальского государственного университета экономики и права, no. 4 (2014): 75–82. http://dx.doi.org/10.17150/1996-7756.2014.8(4).75-82.

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8

Slapper, Gary. "Penalties in the Penumbra of the Criminal Law." Journal of Criminal Law 72, no. 6 (2008): 467–69. http://dx.doi.org/10.1350/jcla.2008.72.6.527.

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9

Piģēns, Kārlis. "STRATEGICALLY ESSENTIAL ENERGY SUPPLY OBJECTS IMPORTANCE IN THE CRIMINAL LAW." Administrative and Criminal Justice 4, no. 81 (2017): 31. http://dx.doi.org/10.17770/acj.v4i81.2847.

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The aim of this article is to examine strategic importance of energy supply system in the context of criminal law by performing analysis of the provisions and penalties described in the Criminal Law. Currently, Criminal Law of the Republic of Latvia has no specific sanctions against intentional or unintentional offenses to important energy supply system objects (strategically important objects), consequences of which may have a significant impact on the growth of all the Latvian economy and even have consequences to economy on regional scale.Historically, there has been a distinct understandin

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10

Daniel, Kermit, and John R. Lott,. "Should Criminal Penalties Include Third-Party Avoidance Costs?" Journal of Legal Studies 24, no. 2 (1995): 523–34. http://dx.doi.org/10.1086/467967.

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11

Zvonov, Andrei. "The Institute of Monetary Penalties in Criminal Law: Condition and Prospects." Russian Journal of Criminology 12, no. 4 (2018): 583–89. http://dx.doi.org/10.17150/2500-4255.2018.12(4).583-589.

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Ever since the Criminal Code of the Russian Federation was adopted, new amendments have been added to it every year. Thus, the system of criminal law measures has been regularly improved through changes to the existing norms, the abolishment of old norms and the introduction of new ones. On the whole, modern Russian criminal policy is aimed at increasing the number of possible measures of influencing lawbreakers. One of the latest innovations is the institute of court fines introduced by the Federal Law № 323-ФЗ of July 3, 2016. It is a beneficial innovation. Monetary penalties can now be used

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12

Asp, Petter. "Harmonisation and Cooperation within the Third Pillar—Built in Risks." Cambridge Yearbook of European Legal Studies 4 (2001): 15–23. http://dx.doi.org/10.5235/152888712802761662.

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During the past nine years, co-operation in criminal matters within the European Union has developed in a rather fascinating way. Before the Maastricht Treaty, which entered into force in 1993, there was not much co-operation in this area at all.During the time before Maastricht, the focus was on the creation of the internal market, on the rules on competition etc. and criminal law did not fall within the scope of the Treaties. Thus, although Community law had (and has) some implications for national criminal law and despite the fact that some conventions were agreed upon within the European P

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13

Kärner, Markus. "Punitive Administrative Sanctions After the Treaty of Lisbon: Does Administrative Really Mean Administrative?" European Criminal Law Review 11, no. 2 (2021): 156–76. http://dx.doi.org/10.5771/2193-5505-2021-2-156.

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This article analyses the dichotomy between administrative and criminal sanctions in European Union law and aims to establish which limits do the policy goals of the European Union set for the national transposition of administrative sanctions as opposed to criminal sanctions. The article discusses the difficulties in differentiating between administrative and criminal sanctions and gives an overview of the evolution of the European Union sanctioning system from the early competence disputes to the rationale behind the post-Lisbon parallel harmonisation of criminal and administrative sanctions

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14

Álvarez García, Francisco Javier. "La armonización de la legislación penal en América Central = The harmonisation of criminal legislation in Central America." EUNOMÍA. Revista en Cultura de la Legalidad, no. 14 (March 19, 2018): 33. http://dx.doi.org/10.20318/eunomia.2018.4154.

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Resumen: La efectividad en la lucha contra la, especialmente, criminalidad organizada precisa inexcusablemente de la cooperación internacional, sin embargo condición de ésta, especialmente en un escenario tan complicado como es Centroamérica, de un acercamiento de las legislaciones de los diversos estados en términos de “armonización”. La experiencia del autor en la armonización de numerosos tipos penales en el ámbito del Sistema de Integración Centroamericano (SICA) es lo que se ha plasmado, sintéticamente, en este trabajo.Palabras clave: Armonización, criterios de armonización, armonización

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Suartha, I. Dewa Made. "Criminal Policy Formulation on Regulation of Death Penalties for Criminal Actors." Journal of Morality and Legal Culture 1, no. 1 (2020): 12. http://dx.doi.org/10.20961/jmail.v1i1.44743.

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This article is encouraging this problem solving with finding and analyzing the formulation of the criminal offense criteria to punishable by death in Indonesian criminal law and reformulation of setting the criminal offender measurement that sentenced to death from the perspective of ius constituendum. The article based on normative legal research by examining primary and secondary legal materials by collecting legal-materials using a card system. The analytical approach uses legislation, concepts, and comparisons. The research analysis was present in the form of descriptive analysis with eva

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16

Bakalis, Chara. "ANTI-SOCIAL BEHAVIOUR ORDERS—CRIMINAL PENALTIES OR CIVIL INJUNCTIONS?" Cambridge Law Journal 62, no. 3 (2003): 583–86. http://dx.doi.org/10.1017/s0008197303416401.

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17

Mitsilegas, Valsamis. "The Impact of Legislative Harmonisation on Effective Judicial Protection in Europe's Area of Criminal Justice." Review of European Administrative Law 12, no. 2 (2019): 117–42. http://dx.doi.org/10.7590/187479819x15840066091277.

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By focusing on the adoption of EU minimum standards in the field of procedural rights in criminal proceedings, this article will assess the relationship between secondary law harmonisation, and the principles of effectiveness of EU law and of effective judicial protection in Europe's area of criminal justice. This article will begin by exploring the third pillar legacy on harmonisation, by focusing on what the EU has not done (i.e.to legislate on a horizontal instrument on defence rights) and what the EU has done (i.e.to legislate specifically on judgments in absentia with the specific purpose

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18

Brovkina, Alexandra, Victor Vezlomtsev, Svetlana Zakharova, Olga Shuranova, and Yuri Truntsevsky. "System of criminal penalties of Russian federation: legal regulation and sentencing practice." E3S Web of Conferences 135 (2019): 04066. http://dx.doi.org/10.1051/e3sconf/201913504066.

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The article presents the questions of constructing a system of criminal penalties under the legislation of the Russian Federation, the problems of imposing various types of punishments taking into account the rules for constructing criminal law sanctions. Changes and additions, various types of criminal penalties, including the content of sanctions in the articles, lead to an imbalance in the principles of their construction. The punishment system is currently in need of reform. An analysis of the sanctions of the articles of a special part of the Criminal Code of the Russian Federation reveal

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19

Strauch, Dieter. "Von der Geldbuße zu Gottes Gesetz: Die Reformation des schwedischen Strafrechts." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 106, no. 1 (2020): 263–347. http://dx.doi.org/10.1515/zrgk-2020-0009.

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AbstractFrom Fine to Gods Law: The Reformation oft the Swedish Penal Law. The medieval Swedish Landscape Laws punished criminal offences by fines. In early modern times the number of corporal punishments and especially death penalties increased. Only from the 14th century male and female offenders were punished alike. Further great changes were brought about by the Reformation as the biblical Mosaic death penalties were put into action for serious offences according to Guds och Sveriges lag (God’s and Sweden’s Laws). During the 16th and 17th centuries no pardon was given in cases of biblical s

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20

Shylo, Iryna. "Criminal-legal description of penalties imposed for criminal offenses." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (2020): 356–61. http://dx.doi.org/10.31733/2078-3566-2020-4-356-361.

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The criminal-legal characteristic of the punishment provided for criminal offenses is given. It is determined what punishments can be applied by the court as the main and additional. The size of the main punishments in the form of fines, community service, correctional labor, arrest, restriction of liberty, deprivation of the right to hold certain positions or engage in certain activities, service restrictions for servicemen, detention in a disciplinary battalion were analyzed. Taking into account the provisions of the Law on Criminal Liability, the general principles of sentencing by a court

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21

Guinchard, Audrey. "FIXING THE BOUNDARIES OF THE CONCEPT OF CRIME: THE CHALLENGE FOR HUMAN RIGHTS." International and Comparative Law Quarterly 54, no. 3 (2005): 719–34. http://dx.doi.org/10.1093/iclq/lei024.

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In England and Wales, as elsewhere, criminal law stands in sharp contrast to other systems of social control. Criminal offences and their related penalties are clearly distinguishable from civil wrongs and their associated (civil) sanctions. And because the term ‘civil law’ refers not only to the domain of torts, but also encompasses administrative law, criminal penalties are, in addition, distinguished from the administrative or regulatory sanctions. This ‘distinction between criminal and civil justice has been such a basic feature of the common law’1that it shapes not only substantive law bu

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22

Díez, Carlos Gómez-Jara. "Models for a System of European Criminal Law: Unification vs. Harmonisation?" New Journal of European Criminal Law 1, no. 3 (2010): 385–402. http://dx.doi.org/10.1177/203228441000100308.

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23

Zakomoldin, R. V. "Special Military Criminal Penalties: Status and Prospects." Siberian Law Herald 4, no. 91 (2020): 67–71. http://dx.doi.org/10.26516/2071-8136.2020.4.67.

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Presents an analysis of the problems of legislative regulation and practice of applying special military types of criminal punishment under the current military criminal legislation of the Russian Federation. Close attention is paid to such types of military criminal penalties as deprivation of military ranks, restriction on military service, detention in a disciplinary military unit and arrest with detention in the guardhouse. The definition of “special military criminal penalties”is formulated. The classification of these punishments into types on various grounds is given. The author analyze

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24

Denney, David, Thomas Ellis, and Claire Nee. "Community Penalties Warrants: A Gap in the Criminal Justice System?" Howard Journal of Criminal Justice 38, no. 3 (1999): 300–312. http://dx.doi.org/10.1111/1468-2311.00134.

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25

Oh, Sangkyo, and Kyungho Lee. "The Need for Specific Penalties for Hacking in Criminal Law." Scientific World Journal 2014 (2014): 1–6. http://dx.doi.org/10.1155/2014/736738.

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In spite of the fact that hacking is a widely used term, it is still not legally established. Moreover, the definition of the concept of hacking has been deployed in a wide variety of ways in national literature. This ambiguity has led to various side effects. Recently in the United States, reforms collectively known as Aaron's Law were proposed as intended amendments to the Computer Fraud and Abuse Act (CFAA). Most experts expect that this change will put the brakes on the CFAA as a severe punishment policy, and result in a drop in controversial court decisions. In this study, we analyze the

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Luviana, Riva. "Hukuman Tambahan Berupa Pembayaran Ganti Rugi bagi Pelaku Tindak Pidana Korupsi dalam Undang-Undang Tipikor Perspektif Hukum Pidana Islam." rechtenstudent 1, no. 1 (2020): 32–43. http://dx.doi.org/10.35719/rch.v1i1.12.

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Corruption is a crime that can be categorized as an extraordinary crime because it has damaged not only state finances and the country's economic potential, but has also destroyed the socio-cultural pillars, political morals and the legal system of national security. The focus of the problems examined in these theses are 1) How to implement additional penalties for perpetrators of criminal acts of corruption in the form of compensation payments in article 18 paragraph (1) Letter b Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning eradication corruption. 2) How does Isl

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27

Cherekhovich, M. M. "Development of the system of punishments without isolation from society in the Russian criminal law until 1917." Actual Problems of Russian Law, no. 8 (September 20, 2019): 41–46. http://dx.doi.org/10.17803/1994-1471.2019.105.8.041-046.

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The article investigates the process of development of the system of punishments applied without isolation from society in the Russian criminal law during the period from the 9th century till 1917. On the basis of the analysis of the most important written sources of law, the author concludes that deprivation of liberty had not been applied as a type of criminal punishment until the 16th century. The type of punishment under consideration had the features of an ecclesiastical and repentant penalty. The leading role in the system of punishment was assigned to various types of fines, monetary pe

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Bašić, Zoran. "Razvojno-teorijski aspekti krivičnog dela deteubistva." Glasnik Advokatske komore Vojvodine 68, no. 9 (1996): 26–34. http://dx.doi.org/10.5937/gakv9601026b.

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Infanticide, as a criminal act (sui generis), originated at the begining of XIX century. Since then it has been privileged criminal act and legislator anticipates lighter penalties. In this work, the questions of basis for lighter penalties for this act are considered from theoretical aspect and also the development of the act in Serbian law. Theoretically, the basis for lighter penalties consist of two groups of circumstances: the ones of subjective nature and the ones of objective nature. The most common cases accepted by legislation, as a basis of privilege, are saving of honour and labor p

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Prozumentov, Lev, Nikolay Olkhovik, and Dmitry Karelin. "The Effectiveness of Penalties and Other Criminal Law Measures for Minors Who Have Committed a Crime." Russian Journal of Criminology 14, no. 2 (2020): 305–12. http://dx.doi.org/10.17150/2500-4255.2020.14(2).305-312.

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It is impossible to develop an effective system of penalties and other criminal law measures for minors in Russia without creating the corresponding economic, social and legal conditions. These conditions are not always taken into consideration when imposing penalties on minors who have committed crimes or taking other criminal law measures against them. The humanization of penalties imposed on juvenile delinquents, the implementation of state policy aimed at the liberalization of penalties for minors resulted in a consistently high number of minors with conditional or non-custodial sentences

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Bojarski, Tadeusz. "Uwagi o zasadach wymiaru kary w polskich kodeksach karnych." Nowa Kodyfikacja Prawa Karnego 43 (May 16, 2017): 33–44. http://dx.doi.org/10.19195/2084-5065.43.4.

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Remarks on the principles of imposing penalties in Polish criminal codesThis paper covers issues related to the principles of imposing penalties. Apart from their considerable practical significance, these directives are closely related to the theory and philosophy of punishment. The purpose of these comments is a simple indication of the assumptions underlying the principles of imposing penalties, including the way of their evolution in Polish criminal law since 1932. The choice of theme is justified by the importance, the true wealth of problems that occur here and the theoretical but also r

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Gryziak, Bartosz. "On para-penal evolution of administrative tax sanctions on the example of additional tax liability and default interests (Polish and Italian comparative analysis)." Doradztwo Podatkowe - Biuletyn Instytutu Studiów Podatkowych 7, no. 287 (2020): 4–17. http://dx.doi.org/10.5604/01.3001.0014.3293.

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In recent decades administrative tax penalties in Italy evolved in para-penal direction. This means they have acquired some of the principles and features typical for criminal law. In the meantime administrative tax penalties in Poland were developed significantly and, so, doubts on mutual relation of criminal and administrative sanctions emerged. Comparative analysis in terms of the phenomenon noted in Italy might help to solve this problem. So far, the Polish administrative tax penalties have not evolved in para-penal direction as Italian ones. Yet, there are signs of similar tendencies.

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Nichols, Nancy B. "Criminal Prosecution of Tax Return Preparers." ATA Journal of Legal Tax Research 6, no. 1 (2008): 24–42. http://dx.doi.org/10.2308/jltr.2008.6.1.24.

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Over 61 percent of individual taxpayers, accounting for more than 76 million returns, utilized the services of paid preparers in 2005. However, hiring a paid preparer does not assure the taxpayer or the government that the return will be prepared correctly. Tax return preparer fraud generally involves the preparation and filing of false income tax returns by preparers who claim inflated personal or business expenses, false deductions, unallowable credits or excessive exemptions on returns completed for their clients or fictitious taxpayers. Preparers may also manipulate income figures to fraud

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Snyder, Edward A. "The Effect of Higher Criminal Penalties on Antitrust Enforcement." Journal of Law and Economics 33, no. 2 (1990): 439–62. http://dx.doi.org/10.1086/467213.

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Mahfud, Mahfud. "AN OVERVIEW OF STRICT LIABILITY OFFENCES AND CIVIL PENALTIES IN THE UK’S ENVIRONMENTAL LAW." Jurnal Hukum dan Peradilan 9, no. 1 (2020): 154. http://dx.doi.org/10.25216/jhp.9.1.2020.154-169.

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The UK has incorporated the strict liability principle in dealing with the environmental offence in its legislations. However, the principle application has some detrimental impacts. This article aims to discuss strict liability crimes in the UK’s environmental legislations and civil penalties in the UK, the detrimental effects of applying its principle and the reasons for supplementing criminal penalties for environmental offences with civil penalties. This will be done through the adoption of a doctrinal legal research method. The incorporation of strict liability principle in the UK’s legis

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Stoicu, Mihaela Narcisa, Remus Daniel Berlingher, and Daniela Cristina Creţ. "Application of Disciplinary Penalties." Studia Universitatis „Vasile Goldis” Arad – Economics Series 25, no. 3 (2015): 1–10. http://dx.doi.org/10.1515/sues-2015-0017.

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Abstract Each branch of law acknowledges a specific form of liability. Therefore there are several forms of liability: disciplinary, civil, criminal, etc. These forms of legal liability are characterized by specific conditions of substance and form (way of establishment, embodiments, etc.). Therefore, the commission of an infringement determines the intervention of legal liability and the application of penalties. The penalty is a means to materialize liability and it will take its shape. In this scientific approach we intend to analyze the application of disciplinary penalties to civil servan

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Yeung, Joshua, and Alex CH Yeung. "The neglected nexus between competition law and human rights: standard of proof for pecuniary penalties." Legal Studies 41, no. 2 (2021): 336–54. http://dx.doi.org/10.1017/lst.2021.8.

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AbstractThis paper examines the standard of proof applicable in proceedings for imposing pecuniary penalties for violation of competition rules. Australia, New Zealand and the UK have chosen the civil standard. This unfortunately overlooks the safeguards required by the relevant human rights treaties in proceedings that involve the determination of a ‘criminal charge’. Conversely, Hong Kong has adopted the criminal standard, which may prove unworkable in these proceedings in which economic analysis is key. After analysing whether one may set this quagmire aside by asserting that these proceedi

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Marinkovic, Milica. "Kazne u Francuskom krivicnom zakoniku od 1810. godine." Forum 1, no. 1-2 (2019): 87–107. http://dx.doi.org/10.46793/forum19.087m.

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The author in the paper analyzes the penal system of the French Penal Code of 1810 (Code pénal de 1810), bearing in mind the influence this Code and its penal system had on the further development of French and European substantial criminal law. The fact that the Napoleonic Penal Code of 1810, with its later modifications and additions, remained in force for 184 years, speaks in favor of this. In this paper the penal system of the Code of 1810 is exhibited according to the original system of the Code. The tri‐partial division of both criminal acts and penalties was a novelty in the European cr

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López Lorca, Beatriz. "Harmonisation of National Criminal Laws on Maritime Piracy: a Regulatory Proposal for the Crime of Piracy and its Penalties." European Journal on Criminal Policy and Research 23, no. 2 (2016): 115–32. http://dx.doi.org/10.1007/s10610-016-9325-y.

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Nawój-Śleszyński, Aldona. "Populacja więzienna w Polsce po nowelizacji systemu prawa karnego ustawą z 20 lutego 2015 roku." Nowa Kodyfikacja Prawa Karnego 48 (November 28, 2018): 83–106. http://dx.doi.org/10.19195/2084-5065.48.6.

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Prison population in Poland after the amendment of the criminal law system by the act of 20 February 2015The article discusses the questions of aims and consequences of the change of the criminal law system of 20 February 2015. One of the basic aims of the amendment was to reduce the amount of prisoners sentenced to imprisonment. One of the ways to achieve this aims has been to change the structure of the criminal system with non-freedom-lose penalties. The amended Criminal Law works for two years.Based on the analysis of the statistical data, it was found that during the period under review,

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40

Nuryanto, Carto. "CRIMINAL SANCTIONS AND ACTIONS IN RELIGIOUS JUSTICE CRIME LAW ENFORCEMENT." International Journal of Law Reconstruction 3, no. 2 (2020): 78. http://dx.doi.org/10.26532/ijlr.v3i2.7793.

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Victims of drug abuse in the mandate of the Act should the victim run a rehabilitation, will remain in reality the victim immediately subjected to criminal penalties, so that there is a non-compliance with the law enforcement system carried out by the authorities with statutory regulations, weaknesses in the criminal sanction policy and actions in law enforcement in handling the current drug crime, as well as how the reconstruction of criminal sanctions policies and actions in the enforcement of the drug crime control system in realizing religious justice.

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Soltani, Samira, and Ahmad Ramazani. "Criminal Liability and Crime and Punishment Proportionality in the Crime of Legal Entities." Journal of Politics and Law 9, no. 6 (2016): 61. http://dx.doi.org/10.5539/jpl.v9n6p61.

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One of the innovations of Islamic Penal Code in 2013 was to accept criminal liability of legal entities. By accepting criminal liability of legal entities, the way to punish them is arisen. As a legal person cannot commit any crime, any punishments are not applicable to them. Accordingly, Article 20 of this Law enumerated a list of penalties applicable to legal persons and it was tried to use penalties in accordance with the legal entities to deal with them. Punishments such as dissolution, confiscation, cash fine, announcement of the judgment, Diyeh, social and economic exclusion; such as a b

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Safferling, Christoph J. M. "Europe as Transnational Law – A Criminal Law for Europe: Between National Heritage and Transnational Necessities." German Law Journal 10, no. 10 (2009): 1383–97. http://dx.doi.org/10.1017/s2071832200018289.

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Criminal law is different, it is often said, from other areas of law in that it is rooted in and thus depends on national heritage to a great extent. This uniqueness is recognized by European institutions, as expressed by General Advocat Mazák in a case concerning the protection of the environment by means of criminal law:“In many respects, criminal law stands out from other areas of law. Availing itself of the most severe and most dissuasive tool of social control – punishments – it delineates the outer limits of acceptable behaviour and in that way protects the values held dearest by the com

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Liakopoulos, Dimitris. "CRIMINAL LIABILITY AND COMPULSORY IN INTERNATIONAL CRIMINAL JUSTICE." Revista de Direito da Faculdade Guanambi 5, no. 02 (2019): 13–91. http://dx.doi.org/10.29293/rdfg.v5i02.216.

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The present study aims to explore the relationship of criminal liability and compulsory in international criminal justice according the founding of international individual criminal responsibility in relation on the Transnational Corporations. There are few cases in which an International Criminal Court has used previous international jurisprudence to establish a crime of conduct in international customary law, and in any case the importance of international judgments can not be underestimated as a general interpretative tool. The offer of incriminating solution that serves as an extrema ratio

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Mousavi, Seyedmohammad, Yousef Jafarzadi, Shamsollah Khatami, and Arash Babaei. "Sadistic Sexual Offenses in Criminal Cases of Iran and France." Asian Social Science 12, no. 3 (2016): 130. http://dx.doi.org/10.5539/ass.v12n3p130.

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<p>Crimes, especially crimes of sexual violence is a problem in every society, in the midst of violent crimes, especially rape, beatings and even death for sex by the psychological impact on creating a sense of insecurity in society the dignity and respect most influential crime is. Sadistic crimes, including cases of sexual violence in the country's laws, particularly the law of France and Iran have been severely. Sexual harassment and sexual violence in France has a mild to severe penalties that depend on the type of crime and its dissemination. So that kind of punishment in relation t

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Rose, Gregory L. "Time for a Protocol on Transnational Environmental Crime?" Environmental Policy and Law 51, no. 1-2 (2021): 75–80. http://dx.doi.org/10.3233/epl-219008.

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Environmental law became global through the adoption of environmental treaties in the last quarter decade of the 20th century. Similarly, globalisation of criminal law accelerated when the Convention on Transnational Organised Crime 2000 (CTOC) deepened international legal cooperation between States to combat transnational crime. A protocol to the CTOC, complemented by voluntary guidelines and model legislation, could promote international harmonisation of laws against environmental crimes. This article argues that the time is right to bring together certain elements of international environme

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Ol’kov, S. G. "CAPITAL PUNISHMENT AS A CONSEQUENCE OF THE FUNDAMENTAL PHYSICAL LAWS GOVERNING CRIME." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6 (72), no. 2 (2020): 249–63. http://dx.doi.org/10.37279/2413-1733-2020-6-2-249-263.

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The purpose of the article, based on the mathematical model of criminal responsibility and the fundamental laws of criminal policy, is to prove the necessity of applying the maximum criminal penalty in the form of a death penalty. Scientific methods: methods of mathematical analysis, probability theory, and mathematical statistics. Scientific results obtained by the author: the necessity of using the maximum criminal penalty in the form of the death penalty is proved on the basis of the law of increasing marginal utility of criminal penalties and the law of demand for goods of crime at a price

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Loik, Ramon. "Integration Trends of EU Internal Security and Law Enforcement: How Legal, Technological and Operational Advancements Matter." Baltic Journal of European Studies 6, no. 2 (2016): 3–27. http://dx.doi.org/10.1515/bjes-2016-0010.

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Abstract Rising concerns about the spread of cross-border criminal networks and transnational terrorism have transformed the international security arena into a more diverse, fragmented, diffused, less visible and hardly predictable one. Thus, (in)security is more mobile and remote than some decades ago. The establishment of an integrated European security area requires efforts to develop common standards and joint practices in terms of harmonisation of legal systems, advanced integration of security measures and tools, coherence of procedures and shared operational methods of law enforcement.

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Milovic, M., and M. Pusitsa. "Justification of Life imprisonment in Serbian Criminal Law." Lex Russica, no. 5 (May 25, 2021): 134–42. http://dx.doi.org/10.17803/1729-5920.2021.174.5.134-142.

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In Serbia, disputes have been going on for years (which are also the subject of many congresses) about the regulation of the most severe types of punishment. The criminal policy of the country shows a tendency to toughen penalties. By attracting a lot of media attention and putting pressure on state institutions concerning certain tragic events caused by the murder and rape of minors, including children, some members of the public hysterically demand that the state respond with the strictest penalties, even if they no longer exist (the death penalty).In December 1, 2019 The Law on Amendments a

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de Jonge, Boudewijn. "Transfer of criminal proceedings: from stumbling block to cornerstone of cooperation in criminal matters in the EU." ERA Forum 21, no. 3 (2020): 449–64. http://dx.doi.org/10.1007/s12027-020-00616-8.

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AbstractMost forms of international cooperation in criminal matters have now been regulated to some extent by European Union legislation. One classical form of cooperation has been so far largely immune from influence by the EU legislator, however. This is the area of transfer of proceedings. This article provides an overview of the current situation and argues that new life should be blown into earlier initiatives to improve this form of cooperation. Harmonisation in this area will prove an important step to facilitate the proper administration of justice in the common Area of Freedom, Justic

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Amielańczyk, Krzysztof. "Purposes and Functions of Public Punishment in Roman Law in the Perspective of Justinian's Codification." Studia Prawnicze KUL, no. 4 (December 31, 2019): 21–37. http://dx.doi.org/10.31743/sp.10605.

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The objectives and functions of the punishment for a public offence (crimen) had already been discussed by M. Tullius Cicero, Seneca the Younger, or Aulus Gellius many centuries before Emperor Justinian. According to their statements, the Romans distinguished in principle all the types of punitive functions known today: deterrence (special and general prevention), reprisal (retaliation), elimination (protection of society against the perpetrator), and even the rehabilitation (educative) function. The emergence of the imperial judiciary extra ordinem in criminal matters could have been co

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