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Journal articles on the topic 'Malicious prosecution'
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1
Klein, Cathy A. "Malicious Prosecution." Nurse Practitioner 10, no. 6 (June 1985): 42. http://dx.doi.org/10.1097/00006205-198506000-00012.
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Jerrold, Laurance. "Malicious prosecution suit upheld." American Journal of Orthodontics and Dentofacial Orthopedics 122, no. 6 (December 2002): 673–75. http://dx.doi.org/10.1067/mod.2002.130247.
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Zirkel, Perry A., and Ivan B. Gluckman. "False Arrest and Malicious Prosecution." NASSP Bulletin 74, no. 522 (January 1990): 85–88. http://dx.doi.org/10.1177/019263659007452218.
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Wang, Jiayi, Qi Liang, and Xikun Xie. "Exploring the System of Punitive Damages for Trademark Malicious Prosecution." BCP Social Sciences & Humanities 17 (May 5, 2022): 168–76. http://dx.doi.org/10.54691/bcpssh.v17i.640.
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The phenomenon of trademark malicious prosecution is common, endangering individual private rights and public interests, and the existing legal system is difficult to effectively regulate and remedy the rights of the defendant. In response to this dilemma, it is necessary to establish a punitive damages system to regulate the nature of trademark malicious prosecution based on the "abuse of rights". It is necessary to clarify the criteria of "malicious prosecution" and "seriousness of the circumstances", as well as to formulate the scope of compensation in line with the "optimal deterrence" and balance of interests, to protect the interests of the relevant rights holders, maintain market order and judicial authority.
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Okpaluba, Chuks. "Reasonable and Probable Cause in the Law of Malicious Prosecution: A Review of South African and Commonwealth Decisions." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (April 26, 2017): 240. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2310.
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The requirement that the plaintiff in an action for malicious prosecution must prove a lack of reasonable and probable cause to initiate, instigate or continue the prosecution on the part of the instigator or prosecutor is one of the four elements of that cause of action. It is a vital link between the lawfulness of the prosecution and the state of mind of the defendant. Again, whether a prosecution is wrongful or lawful depends on whether there was a reasonable and probable cause coupled with the animus iniuriandi of the defendant in instigating, initiating or continuing it. It is not whether the prosecutor possessed evidence to secure a conviction since that is for the trial court to decide after the conclusion of evidence; but, the honest belief by the prosecutor that, having carefully collected and objectively assessed the available information, the plaintiff was probably guilty of the crime. In coming to that decision the prosecutor must have grappled with both the subjective and objective elements in the exercise of that discretion. The Australian High Court judgment in A v New South Wales 2007 230 CLR 500 (HCA) has brought clarity to this aspect of the problem. However, as this paper contends, the ten-point guidelines enunciated by that court in that case and designed to provide the courts with a seemingly less complicated formula for determining if the prosecutor lacked reasonable and probable cause do not appear to have provided the panacea to the problem. Meanwhile, the distinct nature of the requirement of reasonable and probable cause is made clearer when it is compared with reasonable ground to arrest in the case of wrongful arrest and the tort of abuse of process. Also problematic and equally challenging is identifying where a reasonable and probable cause inquiry stops and malice begins. This is brought out in the attempt by the Supreme Court of Canada to unravel the tension between the proof of the existence of malice and reasonable and probable cause in the law of malicious prosecution in Miazga v Kvello Estate 2009 3 SCR 339 (SCC). The extent to which the guidelines laid down in these recent cases would have resolved the confusion in this field of the law is yet to be realised.
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Wright, LaTonia Denise. "A Hospital's Malicious Criminal Prosecution of a Registered Nurse." JONA's Healthcare Law, Ethics, and Regulation 8, no. 4 (October 2006): 106–9. http://dx.doi.org/10.1097/00128488-200610000-00003.
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Zhou, Mei Rong, Zheng Tao Jiang, and Chen Yang. "Research on an Anonymous Authentication Scheme Based on ECC for Electronic Report Systems." Applied Mechanics and Materials 574 (July 2014): 737–42. http://dx.doi.org/10.4028/www.scientific.net/amm.574.737.
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This paper proposes a secure prosecution program after analysis and study on the defects of current network report systems in their report modes and protection on prosecutors’ privacy. The program can not only achieve better anonymity for prosecutors but also can track malicious prosecutors. This paper improved the efficiency of existing algorithms for privacy, and realized various functions for the prosecution system to ensure anonymity, non-repudiation, traceability and other safety indicators.
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Titov, Pavel. "Rehabilitation in criminal cases of private prosecution: problems of theory and practice." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2022, no. 4 (December 16, 2022): 149–57. http://dx.doi.org/10.35750/2071-8284-2022-4-149-157.
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Urgency of research. According to Articles 2, 17, 46 of the Constitution of the Russian Federation, the human being, his rights and freedoms are recognized as the supreme value, and observation and protection of these rights and freedoms is a duty of the State; every citizen is guaranteed judicial protection of his rights.
Criminal proceedings, which from a social point of view serve as a tool to protect the rights of victims of crimes, are based on a public-law basis. The initiation of criminal proceedings, preliminary investigation and trial are the responsibility of the competent public authorities. At the same time, in the case of unlawful or unjustified prosecution of a person, the harm caused to him is compensated at the expense of the federal budget in the framework of the rehabilitation procedure.
At the same time in Russian criminal proceedings there is the so-called private prosecution: for some offenses criminal prosecution is initiated and carried out only by the victim, who is granted the status of a private prosecutor. The state in cases of private prosecution is represented only by the court, which resolves the criminal-legal conflict between the victim and the accused.
Problem Statement. Since state bodies do not prosecute cases of private prosecution, the question arises whether rehabilitation of defendants, against whom the case was terminated or acquitted, is admissible. Currently, the legislation provides rehabilitation in cases of private prosecution only in cases where the court of first instance issued a verdict of guilty, which was subsequently overturned by a higher court. At the same time, the question of whether the accused, against whom there was no conviction and the criminal prosecution was terminated in the court of first instance, is entitled to compensation is not resolved. On the one hand, the accused, being subjected to criminal prosecution, has undergone certain negative consequences. On the other hand, it is not clear whether the private prosecutor should be considered «guilty» of making an unsubstantiated accusation. There is a clear competition between two constitutionally guaranteed rights: the right of the victim to protection from crime, including through independent appeal to court to bring the perpetrator to criminal liability, and the right of the person to compensation of damage caused by unjustified criminal prosecution.
Objectives and methods of research. The purpose of the study is to establish the grounds for the emergence of a person’s right to rehabilitation and to compensation for harm caused by unjustified criminal prosecution, to determine the subject and the procedure of compensation for harm.
Research objectives: to analyze the legislation on rehabilitation in cases of private prosecution; to systematize the normatively enshrined grounds for the right to rehabilitation in this category of cases; to clarify the possibility of compensation in cases where the criminal prosecution was carried out only by a private prosecutor; to determine the procedure for compensation.
The methodological basis of the study was the method of dialectical materialism. General scientific methods of scientific knowledge were used: logical, systematic, functional, induction and deduction, analysis and synthesis, as well as special methods: comparative-legal, formal-legal.
Results and key conclusions. In cases of private prosecution it is necessary to distinguish occurrence of the defendant’s right to rehabilitation in the criminal procedural sense (when the court of first instance rendered a guilty verdict, which was subsequently overturned by a higher court), and the right to compensation for damages (when the criminal prosecution was carried out by a private prosecutor and was terminated by the court of first instance). At the same time, the right to compensation arises only if the victim’s actions are malicious and if they constitute crimes such as slander or knowingly false denunciation. In other cases, the victim exercises their constitutional right to access to justice and to protection from crimes.
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Ghandhi, P. R. "Exemplary damages in the English law of tort." Legal Studies 10, no. 2 (July 1990): 182–200. http://dx.doi.org/10.1111/j.1748-121x.1990.tb00599.x.
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At common law, the primary remedy for a successful plaintiff in an action in tort is an award of damages. The plaintiff must be put in the position in which he was before the tort was committed so far as money can do this. In many actions the principle of restitutio in integrum is a sufficient guide to the quantum of damages. But, in other cases, for example, actions for damages for personal injuries or defamation, a highly subjective element is involved. Neither personal injury nor loss of reputation is easily convertible by the use of any yardstick into an exact monetary figure.In some cases, the damages are said to be ‘at large’. This signifies that the award is not limited to the pecuniary loss that can be precisely proved. Where damages are ‘at large’, as they are, for example, in assault, false imprisonment or malicious prosecution, trespass and defamation, they may be conveniently divided into three separate elements. First, there is the compensation for the actual harm caused to the plaintiff by the defendant; in addition to any pecuniary loss specifically proved, the assessment will involve putting a monetary value on the physical hurt in assault, on curtailment of liberty in false imprisonment or malicious prosecution, on injury to reputation in defamation and on inconvenience and disturbance in trespass.
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POLIAKOV, O. "The trends of detection and prevention of using the spyware and malware." INFORMATION AND LAW, no. 2(45) (May 30, 2023): 125–38. http://dx.doi.org/10.37750/2616-6798.2023.2(45).282332.
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The scope of activities of the Russian hackers and cybercriminals in the global dimension has been determined. The goals and tasks of the criminal encroachments of Russian hackers using spyware and malicious software have been revealed. The specifics of cyberattacks carried out by Russian hackers and cybercriminals are detailed. The technical aspect of detecting, blocking and countering the large-scale use of spyware and malicious software in networks in the context of cyber warfare is covered. The threats and risks of using artificial intelligence during cyber attacks are summarized. The examples of the latest developments in the implementation of spyware and malware are given. Attention is focused on the features of the “Wiper” malicious software. The problematic issues of modern regulatory support for the implementation of the fishing domain filtering system in our country are detailed. The human factor of stopping the criminal activity of hackers, which involves physical detention, arrest of perpetrators and criminal prosecution, is highlighted. The content and the directions of cyber rivalry in the conditions of cyber warfare are detailed. The perspectives of the expected criminal activity of Russian hackers and cybercriminals in 2023 are provided. Priorities for combating the consequences of the spread of malicious and spy software in the context of cyber warfare are proposed.
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Edelstein, Laurie. "An Accusation Easily to be Made? Rape and Malicious Prosecution in Eighteenth-Century England." American Journal of Legal History 42, no. 4 (October 1998): 351. http://dx.doi.org/10.2307/846040.
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Okpaluba, Chuks. "Establishing state liability for personal liberty violations arising from arrest, detention and malicious prosecution in Lesotho." African Human Rights Law Journal 17, no. 1 (2017): 134–62. http://dx.doi.org/10.17159/1996-2096/2017/v17n1a7.
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Sokol, David J. "The Current Status of Medical Malpractice Countersuits." American Journal of Law & Medicine 10, no. 4 (1985): 439–57. http://dx.doi.org/10.1017/s0098858800009370.
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AbstractThe dramatic growth of medical malpractice litigation in recent decades has contributed significantly to an overall increase in health care costs in this country. Although lawmakers, physicians, and other responsible citizens have proposed numerous solutions in an effort to curb die crisis, diese proposals have generally been ineffective.In this Article the Audior endorses countersuits as die most appropriate response to frivolous medical malpractice actions. The Author also suggests that contingent fee systems, coupled with the economic motivation of private insurers to settle claims quickly, provide incentive for plaintiffs to initiate frivolous claims.This Article analyzes the general legal approaches available for countersuits, emphasizing recent successful actions based on malicious prosecution and abuse of process, and proposes more widespread use of diese approaches.
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Wunsch, Eric J. "Fourth Amendment and Fourteenth Amendment. Malicious Prosecution and Section 1983: Is There a Constitutional Violation Remediable under Section 1983?" Journal of Criminal Law and Criminology (1973-) 85, no. 4 (1995): 878. http://dx.doi.org/10.2307/1144087.
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Aleksic Radojkovic, Jelena, Ivana Davidov, Aleksandra Aleksić Agelidis, Jelena Vranešević, and Saša Ivanović. "THE MOST COMMON INTENTIONAL POISONING OF DOGS AND CATS ON THE TERRITORY OF THE REPUBLIC OF SERBIA." Archives of Veterinary Medicine 15, no. 1 (August 1, 2022): 19–41. http://dx.doi.org/10.46784/eavm.v15i1.283.
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The paper presents the most common toxic substances used in malicious poisoning of dogs and cats in the territory of the Republic of Serbia, mechanisms of their action, symptoms that occur in poisoned animals, antidote therapy and in the case of death, pathomorphological changes. The understanding of the mechanisms of toxic action of the most common substances used and the clinical symptoms in poisoned dogs and cats contribute to a faster diagnosis and the prompt suitable therapy application. The participation of forensic veterinarians in official procedures prior to criminal proceedings is necessary, considering its importance in the recognition and prosecution of acts defined in Article 269 of the Criminal Code (Official Gazette of RS, No. 85/2005, 88/2005 - amended, 107/2005 - amended, 72/2009, 111/2009, 121/2012, 104/2013, 108/2014, 94/2016 and 35/2019).
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Murphy, John. "MALICE AS AN INGREDIENT OF TORT LIABILITY." Cambridge Law Journal 78, no. 02 (May 10, 2019): 355–82. http://dx.doi.org/10.1017/s0008197319000412.
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AbstractThis article is concerned with the question of whether malice is an appropriate touchstone of liability in tort law. It begins by identifying four torts in which malice may properly be regarded as an ingredient of liability (distinguishing various other torts, such as private nuisance and defamation, in which malice plays a merely secondary and contingent role). Having identified these four torts – namely malicious prosecution, abuse of process, misfeasance in a public office and lawful means conspiracy – the article then seeks to identify a common juridical thread which links them together. So doing serves to rebut the allegation, often made in respect of all them, namely, that they are anomalous actions. It then concludes by considering the individual worth of these torts, bearing in mind the important difference between not being anomalous on the one hand, and being positively meritorious on the other. It concludes that a respectable defence of each of the four torts can be made even though malice is an atypical touchstone of liability.
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Liu, Yang, Yang Zhang, Yongsheng Yang, and Yan Ma. "DOCS: A Data Ownership Confirmation Scheme for Distributed Data Trading." Systems 10, no. 6 (November 19, 2022): 226. http://dx.doi.org/10.3390/systems10060226.
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Data assets trading can encourage owners to distribute data and achieve large-scale data aggregation to promote the development of the supply chain system. Blockchain is a promising platform for constructing a decentralized data marketplace. The data may face risks in the marketplace, such as illegal theft, malicious tampering, or illegal distribution in the transactions process. The data ownership confirmation in a blockchain-empowered marketplace has attracted much attention in recent years. However, challenges still remain, including maintaining data integrity, traceability of illegal data, and accountability. In this paper, we propose a new data ownership confirmation scheme (DOCS) in the transaction scenario of blockchain-empowered distributed data assets trading. It integrates smart contracts, data-embedding technology, and data fingerprint to realize ownership confirmation and protection of data assets in transactions. DOCS ensures reliable mapping between on-chain data ownership information and off-chain data entities, which assists with the accurate prosecution of the illegal distribution of data assets. We demonstrate that DOCS can have desirable security properties in multiple attack models.
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Yudin, Andrey V., and Yuri S. Norvartyan. "Problems of criminal prosecution of persons guilty of malicious non-compliance with a court decision or other judicial act in civil and administrative cases." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 47 (2022): 102–16. http://dx.doi.org/10.17223/22253513/47/8.
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Malicious non-enforcement of a judicial act entails criminal liability under Article 315 of the Criminal Code only if the offence has been committed by a special subject (an official, head of a body or organisation) or if the person has been previously held administratively liable under Article 17.15(4) of the CAO. The authors draw attention to the fact that in cases where a person who has failed to fulfil a legal obligation is sentenced to execution by a court, then the further non-fulfilment of such obligation now constitutes not only a failure by the subject to fulfil a duty but also an infringement of the interests of justice whose demands are ignored by the obligated person. In this regard, the criminal law criminalises not only the "general" malicious non-execution of a judicial act, but also certain forms of non-execution in relation to certain types of proceedings and to certain categories of cases (e.g. failure to pay alimony, evasion of payment of accounts payable, etc.). The authors, in relation to civil, administrative cases, and cases of economic disputes, prove inconsistency in criminalizing forms of non-execution of judicial acts and discover the potential for expanding situations in which persons could be criminally liable, which would contribute to improving the level of performance discipline. The authors base their argumentation system on a number of criteria, among which: determination of the legal basis for the execution of judicial acts; identification of the range of judicial acts, the non-execution of which may lead to criminal prosecution; characteristics of the requirement set forth in the judicial act, the non-fulfillment of which may entail criminal prosecution; determination of the circle of subjects obligated to the execution of the judicial act and the subjects to whom the person is obliged to execute the judicial act; distribution of responsibilities for the execution of the judicial act between the recoverer (creditor), the debtor and the enforcement authority from the point of view of possible substitution of the debtor as a subject obligated to execution; legal characteristics of the criminal-legal sign of "malice" of nonfulfillment of the requirements of the judicial act; disclosure of possible forms of nonfulfillment. Each of the listed criteria allows you to make a judgment about the presence of signs of the analyzed corpus delicti in the actions (inaction) of the subject. The authors also address the assessment of the illegality of non-execution of a judicial act from the positions of various branches of law, emphasizing the role of criminal liability measures as the most repressive measures to restore legality in this area.
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Song, Seung-Eun. "The Problem and Improvement of the so-called Overdue Wage Crime under the Labor Standards Act." Legal Studies Institute of Chosun University 30, no. 1 (April 30, 2023): 327–58. http://dx.doi.org/10.18189/isicu.2023.30.1.327.
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For workers, wages are a major source of income for households and an essential element in solving food, clothing, and shelter for future labor. Therefore, if wages are overdue, it directly threatens the livelihood of workers, so eradicating overdue wages is a very urgent task. Under the Labor Standards Act, if an employer delays wage payment, fails to pay full wages, or fails to pay wages within 14 days from the date of death or retirement of a worker, he or she shall be punished by imprisonment for up to three years or a fine of up to 30 million won. However, unlike the victim's explicit intention, a prosecution cannot be filed (Anti-intentional punishment clause). It is an abuse of the state's right to punish wages, which is only a civil problem, through criminal sanctions. In addition, criticism is raised that there is a risk of making the criminal law only formal and worthless. However, if wages are overdue, the lives of workers and their dependents who have not been paid will be ruined. In addition, since wage bonds are not only property rights but also survival rights and social rights rights, criminal punishment for overdue wages is necessary in that the state's obligation to protect basic rights is strongly required. However, in the case of non-punishment against will, problems of abuse and side effects are pointed out, and problems are raised that the possibility of low punishment for non-payment of wages and lack of risk due to the level of punishment. First, if thorough judicial processing and appropriate sentencing are guaranteed, the anti-disciplinary system can act as a mechanism to encourage employers to liquidate and consequently contribute to protecting workers' basic rights. Therefore, it is necessary to find a way to exclude the application of bad and habitual delinquent business owners or at least limit the time limit of expressing the intention of non-punishment to before prosecution. Second, since the strengthening of sanctions is not directly related to the resolution of wage arrears and the risk of punishment laws depends on the possibility of punishment and the expected level of punishment, it is necessary to strengthen the level of punishment. However, since the crime of arrears of wages is contrary to the principle of proportionality by punishing even non-malicious arrears of wages, economic sanctions need to be strengthened through fines or fines if they are not malicious or habitual arrears of wages.
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Alter, William. "Reasonable Seizures on False Charges: Should Probable Cause to Detain a Person for any Crime Bar a Malicious Prosecution Claim Under the Fourth Amendment?" Indiana Law Review 56, no. 2 (March 24, 2023): 391–416. http://dx.doi.org/10.18060/27226.
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Saredau, Daniel P., and Ujong Bassey Okpa. "Wrongful Interference of Police in Civil Transactions and the Remedies for Aggrieved Persons." ABUAD Law Journal 10, no. 1 (July 29, 2022): 26–43. http://dx.doi.org/10.53982/alj.2022.1001.02-j.
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Though established under section 214 of the 1999 Constitution of the Federal Republic of Nigeria, the provisions on the functions, powers, administration, and structure of the Nigeria Police Force are as contained in the Nigeria Police Act, 2020. But, despite section 32(2) of the Police Act and section 8(2) of the Administration of Criminal Justice Act (2015) providing that a person shall not be arrested merely on a civil wrong or breach of contract, and the plethora of judicial authorities deprecating this practice, there continues to be a swash of cases in which the police meddle with civil claims. In the result, the police often, wrongly, turn itself into a debt recovery agency, an enforcer of contracts, or a forum for settling civil claims.Using doctrinal methodology and a discursive research design, this study examines the law on the issue. The study finds that there are legal remedies available for a person who feels aggrieved with police interference in civil claims. The remedies discussed are action for malicious prosecution, action for false imprisonment, fundamental rights enforcement action, and action under the Anti-torture Act. Overall, the study dissuades citizens from resort to the police for civil claims, and encourages the police to desist from wrongful interference in civil claims.
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Siregar, Denny, Muhammad Mustofa, and Lilik Mulyadi. "Reconstructing The Interpretation of Conspiracy in The Prosecution of Corruption Crimes to Achieve Legal Certainty." International Journal of Engineering Business and Social Science 2, no. 01 (October 25, 2023): 757–68. http://dx.doi.org/10.58451/ijebss.v2i01.111.
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This study aims to examine and analyze the synchronization of the meaning of evil conspiracies in corruption crimes, as well as find a reconstruction of the meaning of evil conspiracies in the punishment of corruption crimes to realize legal certainty. The research method used is normative juridical with an analytical approach research approach, with a specification of analytical descriptions that describe generally accepted laws and regulations associated with legal theories and principles and implementation practices. Using the Grand Theory, Middle Range Theory, and Applied Theory in exploring and analyzing to find answers to research problems. The results showed that the implementation of the meaning of evil conspiracies in corruption was formulated differently between the Criminal Code and the Tipikor Law. In the case of corruption, evil conspiracies cannot be imposed the same criminal sanctions as perpetrators of corruption who have finished committing their crimes as stipulated in Article 2, Article 3, Article 5 to Article 14 of the Tipikor Law. Referring to the elements of Article 88 of the Criminal Code, in the event that the intention to commit a crime or agreement is not necessarily carried out in the form of concrete acts, then in an evil agreement there is only an intention by holding an evil consensus, there is absolutely no act of implementation. This has an impact on legal uncertainty in the basis for prosecuting perpetrators of corruption crimes because juridically there is no firm regulation. The reconstruction of the meaning of evil conspiracies in the punishment of criminal acts is that evil conspiracies are considered as stand-alone offenses, meaning that people who have committed evil conspiracies are considered to have committed criminal acts. Criminal law policy in combating corruption is explicitly stated by the qualification of offenses, as well as providing juridical understanding or limitations regarding evil conspiracies and then equating the perception of criminal policy between the Criminal Code and the Tipikor Law. This is in accordance with the principle of legality which requires that criminal law be determined in advance through laws and regulations and is detailed and careful. As for the researcher's suggestion, namely to the Government and the DPR, it is necessary to issue a special regulation containing guidelines for the implementation of the provisions of malicious consensus offenses. The guideline contains an explanation of the meaning of evil conspiracy, its elements, categories of criminal acts that can be punished with evil conspiracy, to simulated cases related to evil conspiracy's offenses
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Hidayati, Ratna, Herry Liyus, Nys Arfa, and Aga Anum Prayudi. "Pemidanaan terhadap Pelaku yang Bersama-sama Melakukan Tindak Pidana Narkotika dengan Permufakatan Jahat." PAMPAS: Journal of Criminal Law 3, no. 2 (January 18, 2023): 191–201. http://dx.doi.org/10.22437/pampas.v3i2.20036.
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This study aims to analyze the Prosecution of Perpetrators Who Jointly Commit Narcotics Crimes with Malicious Settlement based on The Analysis of Court Decision No. 156 / Pid.Sus / 2018 / PN. TLC. The results of this study show that criminal charges against the defendants in Court Decision No. 156 / Pid.Sus / 2018 / PN. KLT based on the role carried out by each defendant with the proven actions of the defendants in accordance with Article 18 of Law No. 35 of 2009 on Narcotics with the imposition of criminal penalties under Article 114 Paragraph (2) Jo. Article 132 Paragraph (1) of Law No. 35 of 2009 on Narcotics that is that the defendants act as people participate in (medeplegen), and the person who is persuaded to commit a criminal act (uitlokken) and as a basis for the judge's consideration in the giving of the weight or lightness of the sentence of the accused judge must pay attention to several considerations. In criminal proceedings against the accused shall be proportionate to the weight of the guilt made by the accused and the prosecution shall not reflect the arbitrariness of the sentence itself. Abstrak Penelitian ini bertujuan untuk menganalisis Pemidanaan Terhadap Pelaku Yang Bersama-sama Melakukan Tindak Pidana Narkotika Dengan Permufakatan Jahat berdasarkan Analisis Putusan Pengadilan Nomor 156/Pid.Sus/2018/PN. KLT. Hasil penelitian ini menunjukan bahwa penjatuhan pidana terhadap para terdakwa dalam Putusan Pengadilan Nomor 156/Pid.Sus/2018/PN. KLT berdasarkan dengan peran yang dilakukan oleh masing-masing terdakwa dengan terbuktinya tindakan para terdakwa yang sesuai dalam Pasal 18 Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika dengan penjatuhan hukuman pidana berdasarkan Pasal 114 Ayat (2) Jo. Pasal 132 Ayat (1) Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika yaitu bahwa para terdakwa berperan sebagai orang turut serta melakukan (medeplegen), orang yang membantu melakukan (medeplichtige) dan orang yang dibujuk melakukan tindak pidana (uitlokken) serta sebagai dasar pertimbangan Hakim dalam pemberian berat atau ringannya hukuman terdakwa hakim harus memerhatikan beberapa pertimbangan. Dalam penjatuhan pidana terhadap terdakwa harus sebanding dengan bobot kesalahan yang dibuat oleh terdakwa dan pemidanaan tidak boleh mencerminkan kesewenang-wenangan dari hukuman itu sendiri.
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Riyadi, Bambang SLamet. "Criminal Behavior Politician During Reform in Indonesia." International Journal of Religion 5, no. 7 (May 11, 2024): 582–98. http://dx.doi.org/10.61707/pgsf5g80.
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Criminal behavior politician during reform in Indonesia perspective white-collar crime is a crime committed by respectable men in corporation and government environments. This study aims to assess and analyze the behavior of white-collar criminals involving an individual of state officials, parliament or political parties politicians and the ruling government in Indonesia during the reform period. This study is qualitative research based on the literature, journals and reporting publications of Indonesian white-collar crime. The result of study concluded that white-collar crime in Indonesia has reached a very alarming level. This crime could even can be called state organized crime in a corrupt government. This crime is based on the achievement of individual interests, group or political party and retains the power. The lack of success of Indonesian government in resolving the case of state officials or politicians involved in corruption, collusion and nepotism rapidly, lightly court decisions, many cases delayed in its prosecution process, even termination of the case of important officials state to be indication the weakness of law enforcement against white-collar criminals in Indonesia. This happens due to the severity of conflict of interest so the solution is often based on the interests or political bargaining and abuse of power. This situation reinforces Hobbes’ theory that a crime act, and fault can be assessed otherwise when the ruling government decided that the action was not malicious and wrong. This means that a value either good or evil depending on the assessments decision committed by the authorities.
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Lee, Catherine. "Capturing the personal through the lens of the professional: The use of external data sources in autoethnography." Methodological Innovations 12, no. 1 (January 2019): 205979911982557. http://dx.doi.org/10.1177/2059799119825576.
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This article shows how external data sources can be utilised in autoethnographic research. Beginning with an account of a critical incident that examines the incompatibility of private and professional identities, I show how, through the collection of data sources, I capture the impact of homophobic and heteronormative discursive practices on health, wellbeing and identity. In the critical incident, I explore how I prospered as a teacher at a British village school for almost 10 years by censoring my sexuality and carefully managing the intersection between my private and professional identities. However, when a malicious and homophobic neighbour and parent of children at the school exposed my sexuality to the Headteacher, I learned the extent to which the rural school community privileged and protected the heteronormative discourse. A poststructuralist theoretical framework underpins this article. My experience of being a subject is understood as the outcome of discursive practices. Sexual identity, teacher identity and autoethnographer identity are understood to be fluid, and constantly produced and reproduced in response to social, cultural and political influences. The article describes how email correspondence, medical records and notes from a course of cognitive behaviour therapy were deployed to augment my personal recollection and give a depth and richness to the narrative. As the critical incident became a police matter, examination takes place of how I sought to obtain and utilise data from the police national computer in the research. Attempts to collect data from the police and Crown Prosecution Service were problematic and provided an unexpected development in the research and offered additional insight into the nature of the British rural community and its police force.
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Hasbi, Fariz Rifqi, Anak Agung Dewi Utari, and Rino Dedi Aringga. "Criminal Liability For Perpetrators of Negligent Crimes Resulting in the Death of Others in Traffic Accidents." Sinergi International Journal of Law 1, no. 3 (November 27, 2023): 214–26. http://dx.doi.org/10.61194/law.v1i3.96.
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Criminal responsibility leads to the prosecution of the perpetrator who has committed a criminal act and fulfills its elements as stipulated in the law. Viewed from the perspective of the occurrence of a prohibited act (obligation), an individual will be criminally accountable for such actions if they are against the law. To hold someone criminally accountable, one must consider the culpability of the perpetrator. However, it is not sufficient to consider only the culpability; one must also consider the reasons and circumstances that eliminate the penalty as outlined in Articles 44, 48, 49, 50, and 51 of the Indonesian Penal Code (KUHP). In cases where the perpetrator has met the provisions of those articles, they are exempted from the threat of criminal charges. The research method used is normative juridical, which involves legal research on primary and secondary legal materials, especially those related to the discussed subject matter. This study aims to determine how criminal responsibility is imposed on perpetrators of negligent crimes resulting in the death of others in traffic accidents. From the research findings, it is concluded that the defendant Mariyanto, based on the trial facts, did not meet the criteria set forth in Articles 44, 48, 49, 50, and 51 of the KUHP that would eliminate the penalty. Therefore, Mariyanto can be held responsible and subject to criminal accountability. Considering that the victim also bears some responsibility contributing to the commission of the offense and that the defendant had no malicious intent, posing no danger, the writer suggests that the defendant should be appropriately sentenced to probation, as proposed by Mariyanto's Legal Counsel in their plea, taking into account humanitarian and justice considerations.
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Simons, Kenneth W. "Justifying and Categorizing Tort Doctrines: What is the Optimal Level of Generality?" Journal of Tort Law 14, no. 2 (October 1, 2021): 551–73. http://dx.doi.org/10.1515/jtl-2022-0001.
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Abstract This essay explores the issue of generality and tort law from two directions. First, when common law judges offer justifications of tort doctrine, what is the appropriate level of generality or specificity of those justifying principles and policies? Second, when judges identify and refine tort doctrines, what is the appropriate level of generality or specificity of the doctrines themselves? With respect to the first issue, Stephen A. Smith has argued that judges ordinarily do, and should, invoke only “intermediate” justifications for their decisions (such as dignity, fairness, or reasonableness), rather than “foundational” ones (such as utilitarianism or corrective justice). Smith’s argument has some purchase: intermediate principles indeed do and should play a prominent role in common law decision-making. However, foundational principles can legitimately play a more significant role than Smith suggests, especially if they are pluralistic. And intermediate principles are sometimes too vacuous to operate as genuine justifications. With respect to the second issue, Stephen D. Sugarman and Caitlin Boucher have proposed that numerous torts that might be characterized as “dignitary” torts should be merged into a single “unifying” tort, the tort of wrongfully harming another’s dignity in a highly offensive way. The authors plausibly argue that courts have not paid sufficient attention to gaps and arbitrary distinctions between these torts. However, their more radical claim that one uber-tort should replace all “dignitary” torts is not persuasive. Torts as distinct as battery, false imprisonment, intrusion into a private place, and malicious prosecution reflect distinct wrongs and should not be supplanted by a single tort prohibiting wrongful and highly offensive conduct. The analysis offered in this essay is informed by many examples from the Restatement Third, Torts: Intentional Torts to Persons, for which I have served as co-Reporter or Reporter.
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Kodilinye, Gilbert. "Setting in Motion Malicious Prosecutions: The Commonwealth Experience." International and Comparative Law Quarterly 36, no. 1 (January 1987): 157–68. http://dx.doi.org/10.1093/iclqaj/36.1.157.
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Yury, Belonogov. "Implementation of the Supreme Soviet Presidium Decree of June 26, 1940 in July ‒ December 1941 (on the Materials of Perm Region)." TECHNOLOGOS, no. 3 (2020): 5–21. http://dx.doi.org/10.15593/perm.kipf/2020.3.01.
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It is considered the law enforcement practice of implementing the Decree of 26 June 1940 before the adoption of the Decree of 26 December 1941, which increased the criminal penalty for desertion from the labour front. On the basis of statistics on the number of convicted and excluded from the party for violations of labour discipline the author points out the refusal of the party-State authorities to continue the unsystematic punitive policy. This refusal was manifested in the purposeful division of violators of labour discipline into "malicious" and "accidental," in the rules on prevention of illegal cases of criminal prosecution, in some reduction of the number of persons brought to criminal and party disciplinary responsibility, in the general easing and revision of severe penalties. This was due to the high level of social tension caused by the previous course of strengthening punitive policy in the field of labour legal relations and the updated failed outbreak of war. However, during the first six months of the war the number and social composition of rear workers begins to change significantly: in conditions of acute shortage of personnel, the share of low-skilled labor force in the person of graduates of schools of factory training and craft schools mobilized from rural areas by collective farmers, labor workers and prisoners increases. These changes took place in the context of the restructuring of the economy into "military tracks," which was accompanied by the disruption of economic ties between enterprises and the disruption of the supply of raw materials, the downtime of production and the failure to carry out increasing defense tasks, and a significant decrease in the standard of living of workers. This became a socio-economic prerequisite for a rather critical level of negative labour deviations which called into question the performance of defense orders by military industry enterprises. In turn, this circumstance has led to a significant increase in criminal penalties for unauthorized abandonment of the place of work.
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Watney, Murdoch. "Exploring South Africa’s Cybersecurity Legal Framework regulating Information Confidentiality, Integrity, and Availability." International Conference on Cyber Warfare and Security 19, no. 1 (March 21, 2024): 430–37. http://dx.doi.org/10.34190/iccws.19.1.1999.
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The discussion critically evaluates the effectiveness of laws dealing with cyber threats within the context of the South African cybersecurity landscape. It deals with the legal response to non-state cyber operations to national security and law enforcement by means of the domestic law and not with state or state-sponsored cyber operations which falls within the remit of the international law. Globally the digital ecosystems of all countries face a common denominator, namely the threat of cyber operations and how to deal with it effectively. There are various cyber operations, but the discussion mainly deals with cyber operations that target the confidentiality, availability and integrity of information and the effectiveness of the South African cybersecurity legislation in protecting information. The effectiveness of the following legislation will be deliberated: • The Protection of Personal Information Act (POPIA) 4 of 2013. POPIA does not define a data breach, nor does it indicate the time in which the breach must be reported to the Information Regulator (IR). In 2021 the Department of Justice and Constitutional Development (Department) suffered a ransomware attack. The breach was reported to the IR. In July 2023 the Department became the first institution to be fined for failure to comply with an enforcement notice. • The Cybercrimes Act 119 of 2021. The ransomware attack suffered by the Department in 2021 constitutes a cybercrime, but how effective is the Cybercrimes Act to facilitate the investigation and prosecution of the threat actor(s) who orchestrated the attack? Should there not be guidelines in respect of a ransomware attack prescribing a compulsory reporting obligation or discouraging payment of ransom. The first line of defense to offensive non-state cyber operations is a robust and resilient cybersecurity legal framework. Although a government cannot eliminate all possible threats, it can mitigate the risks, and this can be achieved by means of a comprehensive cybersecurity strategy. A country should have a cybersecurity strategy and it will be determined if for example the 2023 United States of America cybersecurity strategy could serve as guidance to South Africa. Why is your paper of interest to the conference participants? Use this space to persuade the reviewers why they should select this abstract for the conference : In today’s digital world, one cannot ignore the importance of cybersecurity. One single security breach may result in the exposure of the personal information of millions of people. Cybersecurity legislation is therefore essential to ensure the protection of government departments, institutions, businesses and individuals against malicious cyber operations.
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M.O., Borovyk. "COMPLEX COMBINATION OF PROFESSIONAL TRAINING DIRECTIONS AND THE PURPOSE OF FORMATION OF PHYSICAL ENDURANCE IN FUTURE POLICE OFFICERS." Collection of Research Papers Pedagogical sciences, no. 93 (February 23, 2021): 56–63. http://dx.doi.org/10.32999/ksu2413-1865/2020-93-8.
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This work covers issues related to the formation of physical endurance of future police officers through a comprehensive combination of directions of physical, tactical, fire and psychological training.The term physical training of a police officer is considered. Physical training of police officers is a specialized professional-applied system of physical education, which is aimed at maintaining health, preservation creative and labor activity, comprehensive development of physical and mental qualities, special-applied and vital skills and abilities needed to perform official tasks, its general and special tasks are defined.The effectiveness of the use of techniques of physical impact by police officers depends on the development of physical qualities. The development of the speed component of physical endurance allows you to get ahead of the opponent, react faster and gain time in the fight. The manifestation of complex forms of speed features is closely related to the level of development of strength, flexibility, coordination skills, perfection of the technique of performing a certain motor action.Realization of techniques of physical impact forces police officers to develop such a feature as flexibility.Such actions occur during the use of police coercive measures, prosecution of offenders, overcoming various obstacles.In difficult, unpredictable conditions, motor tasks will be performed more effectively by employees with a sufficient level of dexterity development. The main elements of dexterity are coordination, accuracy, timeliness and rationality of movements and actions.The development of the force component of certain muscle groups will improve the manifestation of “the explosive force” of a police officer, which is relevant when apprehending an offender who commits malicious disobedience.The essence of tactical, fire and professional-psychological training of future police officers is revealed, their directions and means of realization are defined.It was found that providing a combination of directions of training (physical, tactical, fire and psychological) is possible if the cadets master the algorithms of police action in different situations of professional activity both during training and during training and internships.An example of a scenario of a situational task on the topic: “Group violation of public order” is offered, which will allow to solve a number of questions, namely: 1) to master actions at the termination of group violation of a public order; 2) to improve actions on observance of measures of personal safety; 3) improve communication tactics; 4) to improve the skill of “contact and cover”.Key words: professionally important qualities, cadet, professional training, physical endurance, situational task, integrated approach. У праці розглянуто питання, пов’язанні з формуванням фізичної витривалості майбутніх офіцерів поліції шляхом комплексного поєднання напрямів фізичної, тактичної, вогневої та психологічної підготовки.Розглянутий термін фізична підготовка поліцейського, а саме фізична підготовка поліцейських – це спеціалізована професійно-прикладна система фізичного виховання, яка спрямована на збереження здоров’я, творчої та трудової активності, усебічний розвиток фізичних і психічних якостей, спеціально-прикладних і життєво важливих умінь і навичок, необхідних для виконання службових завдань, визначені її загальні та спеціальні завдання.Ефективність виконання прийомів фізичного впливу працівниками поліції залежить від розвитку фізичних якостей. Розвиток швидкісного складника фізичної витривалості дає змогу випередити суперника, відреагувати швидше й виграти час у поєдинку. Вияв комплексних форм швидкісних рис тісно пов’язаний із рівнем розвитку сили, гнучкості, координаційних здібностей, досконалістю техніки виконання певної рухової дії.Виконання прийомів фізичного примусу вимагає від поліцейських розвитку такої риси, як гнучкість.Такі дії виникають під час застосування поліцейських заходів примусу, переслідування правопоруш-ників, подолання різноманітних перешкод.У складних, непередбачуваних умовах ефективніше виконуватимуть рухові завдання працівники з достатнім рівнем розвитку спритності. Основними елементами спритності є координованість, точність, своєчасність і раціональність рухів і дій.Розвиток силового складника окремих груп м’язів дасть змогу вдосконалити прояв вибухової сили поліцейському, що є актуальним при затриманні правопорушника, який чинить злісну непокору.Розкрита сутність тактичної, вогневої та професійно-психологічної підготовки майбутніх офіцерів поліції, визначені їх напрями й засоби реалізації.Установлено, що забезпечення поєднання напрямів підготовки (фізичної, тактичної, вогневої та психологічної) можливо за умови оволодіння курсантами алгоритмами дій поліцейського в різних ситуаці-ях професійної діяльності як під час проведення навчальних занять, так і під час проходження навчальної практики і стажування на посаді.Запропоновано приклад сценарію ситуаційного завдання на тему: «Групове порушення публічного порядку», що допоможе вирішити низку питань, а саме: 1) оволодіти діями при припиненні групового порушення публічного порядку; 2) удосконалювати дії з дотримання заходів особистої безпеки; 3) удосконалити тактики комунікації; 4) удосконалювати вміння здійснювати «контакт і прикриття».Ключові слова: професійно важливі якості, курсант, професійна підготовка, фізична витривалість, ситуаційне завдання, комплексний підхід.
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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (April 26, 2017): 0. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2330.
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The first issue of 2013 contains fifteen contributions dealing with a potpourri of themes. The first contribution is an oratio presented by the retired Dean of the Faculty of Law of the NWU and former editor of PER, Francois Venter, during his exodus in October 2012. He gave his presentation in his mother tongue, Afrikaans, and asks the question if one may assume that being a professor entails belonging to a profession, in other words, an academic profession. The second oratio was a keynote speech delivered by Torsten Stein, the Director of the Institute of European Studies and holder of the chair for European law and European Public Law at Saarland University, Germany. He delivered his speech during November 2012 at the 3rdHuman Rights Indaba on The Role of International Law in Understanding and Applying the Socio-economic Rights in South Africa's Bill of Rights, which was held by the Faculty of Law (NWU, Potchefstroom Campus) in collaboration with the Konrad-Adenauer Foundation. He shared some thoughts about the nature, development and implementation of socio-economic rights within an international and European setting. The next nine articles make up the bulk of this issue. The first one is by Babatunde Fagbayibo, who gives an analytical overview of the common problems affecting supranational attempts in Africa. He argues that Africa's efforts to solidify its unity should be geared towards building on the experiences of past and present experiments at the sub-regional level. Samantha Goosen discusses the very thorny issue of battered women and the elements of self-defence if she has to stand trial for killing her husband. Recent developments in the area of pro bono legal services are the heart of Dave Holness' article. He focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. Henk Kloppers discusses the very topical issue of corporate social responsibility. He gives an overview of the social and ethics committee created in terms of the Companies Act 71 of 2008 as a potential driver of corporate social responsibility. The always newsworthy theme of HIV/AIDS and the question of whether to disclose or not to disclose one's status forms the focal point of Andra le Roux-Kemp's contribution. Chucks Okpaluba gives an overview of South African and Commonwealth decisions dealing with the issue of reasonable and probable cause in the law of malicious prosecution. The never-ending problem of language diversity once again comes to the fore in the article by Loot Pretorius. He asks the question if the recently adopted Use of Official Languages Act 12 of 2012 complies with the normative instructions of the Constitution of the Republic of South Africa, 1996. In his second essay on the Child Justice Act 75 of 2008, Stephan Terblanche deals with a number of procedural issues related to the sentencing of child offenders. The last article, which is by Bonnie Venter, deals with the ethical question of whether the payment of kidney donors could be regarded as constitutionally acceptable or not. In the first of five notes, Nqobizwe Ngema asks if the African custom of theleka (the withholding of a wife by her father or guardian from her husband to coerce him to pay the outstanding lobolo) has an impact on the custody of children in the context of the best interest of the child. The central question Phazha Ngandwe asks is how states can discharge their duties and obligations vis-à-vis their nationals without perpetuating the bottlenecks to and the stigma that attaches to migration and thereby upsetting the international and regional integration objectives of the free movement of people. Mzukisi Njotini's note discusses the adequacy of South Africa's measures designed to protect critical information infrastructures. In the second last note, Anthea Wagener considers the practice of South African motor-vehicle insurers of using gender as a rating variable to classify risks into certain classes, thereby determining insurance premiums, and asks if this practice boils down to unfair discrimination. The final note by Anri Botes deals with the history of labour hire in our neighbouring country, Namibia.
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Bers, Victor. "Speakers Diffident and Speakers Brash in the Athenian Courts." Trends in Classics 14, no. 2 (November 11, 2022): 374–84. http://dx.doi.org/10.1515/tc-2022-0016.
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Abstract In many of the surviving Athenian law court speeches, litigants and sunēgoroi claim that, as amateurs, they come to trial at a disadvantage. Occasionally, they acknowledge a reputation for wishing to advance themselves by a display of rhetorical abilities. Whatever stance the speaker takes, these maneuvers add to the complex texture of Attic oratory. We find a remarkable variety of approaches, e. g., Antiphon giving a Lesbian-speaking client an ornate acknowledgment in lightly Ionicized Attic of his rhetorical inadequacy; Lysias posing as a forensic novice when he represents himself; Dinarchus mimicking a speaker at a loss for words; Lycurgus warning the jury that the defendant will (mis)represent himself as an amateur under attack by a malicious prosecutor. And the orator who has, however falsely, spoken to his audience of his own sense of formidable rhetorical challenge might thereby be better prepared to improvise his response to his opponents’ speeches. Alcidamas, champion of improvisation, would be sympathetic.
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Zaytsev, Oleksiy Volodymyrovych, and Valeriia Ruslanivna Filipenko. "Issues related to qualification of the crime, provided for by Art. 166 of the Criminal Code of Ukraine, in decisions of the court of cassation." Herald of the Association of Criminal Law of Ukraine 1, no. 19 (July 11, 2023): 70–92. http://dx.doi.org/10.21564/2311-9640.2023.19.281115.
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The paper is devoted to the issues related to qualification of a malicious failure to take care of a child or a person in respect of whom guardianship or custody is established (Art. 166 of the Criminal Code of Ukraine). Children have a right to a special care and assistance, a child needs to grow up in a family environment, in an atmosphere of happiness, love and understanding for his/her full and harmonious personality development. A duty of their care is imposed on their parents or persons in loco parentis, guardians (custodians). Commission of a crime of non-fulfillment of these duties is a quite common phenomenon in Ukraine. In order to determine the elements of this crime it is necessary to determine the maliciousness of the act and availability of severe consequences, which are caused by any omission of parents or persons in loco parentis. However, no specific types of consequences are prescribed by law; their availability or absence shall be established by the investigator, prosecutor and court in each specific case. This has led to different approaches in law enforcement practices that is accompanied by essential errors in qualification both at the beginning of criminal proceedings and during subsequent investigation.
The paper contains a critical comprehension of the legal opinions, contained in the decisions of the court of cassation (the Highest Specialized Court of Ukraine for Civil and Criminal cases, the Supreme Court of Ukraine, the Supreme Court) with regard to qualification of a malicious failure to take care of a child or a person in respect of whom guardianship or custody is established. Subject to the criminal law doctrine and law enforcement practices the author’s vision of the reasonableness of these findings and their importance in the criminal legal qualification of this crime is given.
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Majeed, Nasir, Muhammad Umar Farooq, Faiza Choudhry, and Muhammad Anas Shahzad Cheema. "Assessing Harmless Errors in Offenses against Human Body and Property: A Review of Court Decisions." Bulletin of Business and Economics (BBE) 13, no. 2 (June 1, 2024): 102–8. http://dx.doi.org/10.61506/01.00303.
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The current study aims to identify different harmless errors in crimes involving harm to the human body and property. An error that is deemed "harmless" refers to errors made in a judicial decision that do not lead to the overturning of said decision. Many studies have been conducted abroad to identify harmless errors in the background of various subjects, such as constitutional law, criminal law, and civil law. Unfortunately, there is a lack of research on harmless errors in criminal cases in Pakistan. Through the use of qualitative content analysis, this study discovered that despite various issues such as delays, failure to fulfill legal requirements, and incomplete testimonies, the appellate court upheld the conviction of the accused. According to the study, the appellate courts did not give sufficient consideration to the inconsistencies in witness testimonies and other evidence related to minor matters, nor did they adequately address the prosecution's presentation or lack of certain witnesses and evidence. This study will provide valuable insights for both academics and professionals seeking to gain a deeper understanding of the non-malicious errors that can occur in offenses involving harm to the human body and property.
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何, 一婧. "A Study of Courtroom Discourse from the Perspective of Attitude in Appraisal Theory—Taking Public Prosecutor Language in Malicious Poisoning Case of Fudan University as an Example." Modern Linguistics 11, no. 07 (2023): 3091–100. http://dx.doi.org/10.12677/ml.2023.117421.
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Dr. Hidayat Khan and Mr. Mumtaz A. Awan. "Honour Killing in Historical Context and Islamic Law." Al Basirah 10, no. 01 (June 30, 2021): 1–24. http://dx.doi.org/10.52015/albasirah.v10i01.62.
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The practice of honour killing is a multilayered phenomenon with regard to causes emanating through macro as well as micro level parameters; making it a complex form of disorder in a society, and hence considered one of major social and cultural crimes which human societies fall victim to. It cuts through far past and influences various historical stages devastating moral values in the name of honour. It is recorded as well established phenomenon since Babylon civilization existed and codes of Hammurabi laid down in 1780 BC reflected intense prosecutions for guilty persons who brought shame towards a family or honorable sectors of a society. It continued its effect under similar assumptions through the ages of Romans, Anglo-Saxons, Americans, and stereotype European societies. Later on, it continued its effect to Arabian Peninsula and Middle Eastern states whereby the Islamic ideology was affected due to blaming strategies of Islamic critics. The state of Pakistan felt its vulnerability being susceptible to deteriorating outcomes of honour killing and stepped forward to introduce enlightened legislation to safeguard depressive conditions of women one after another in terms of social, economic, political and educational rights. Pakistan abides by its signatory commitments and thereby follows contents of The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to promote equality of women in every sector of life. The curse of honour killing residing in the Muslim world is sought to be existed since preIslamic era. The Quran has ordained strict disapproval of honour killing with greater emphasis and thus Islam protects sanctity of women in an extraordinary manner. The opponents of Islam avail all possible chances to throw blame of such heinous crime on Islam, but their intentions are found malicious and vicious.
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Wood, James A. "The Burden of Citizenship: Artisans, Elections, and the Fuero Militar in Santiago de Chile, 1822-1851." Americas 58, no. 3 (January 2002): 443–69. http://dx.doi.org/10.1353/tam.2002.0030.
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On December 13, 1845 the recently founded Santiago newspaper El Artesano Opositor (The Opposition Artisan) published a letter submitted by “twenty artisan friends of Cerda.” The letter related the tragic case of José Agustin Cerda, a young tailor, soldier in the civic militia, and member of an electoral association called the Sociedad de Artesanos de Caupolicán (Caupolicán Artisans Society), who had been arrested on November 12 by the city's military prosecutor on the charge that he was involved in an anti-government “conspiracy.” Claiming innocence, Cerda, according to his companions, denied his involvement in the alleged conspiracy “with noble arrogance.” As a result he was locked in iron shackles in a military prison, causing his legs to swell up and his illness-weakened lungs to struggle for air. A follow-up article in the newspaper announced that Cerda was still being held in that “unjust and inhumane” condition two months later, along with several other city residents who were linked to the electoral associations of the liberal opposition in Santiago. While the outraged authors of the letter to El Artesano Opositor singled out the Cerda case for its malicious effects on their friend, they clearly saw the incident as part of a larger problem: the routine and systematic mistreatment of all artisan militiamen by the conservative governing regime. Not content simply to demand the release of their colleague, the “friends of Cerda” demanded the complete reform of a political system that denigrated the honor, dignity, and patriotism of all the city's artisans. “Understand,” continued the letter in a provocative flourish, “that by attacking the innocent life of Cerda you attack the lives of all the artisans of the Republic.” “We should expect more,” it concluded solemnly, “from the men we elevate with our votes, defend with our blood, and maintain with our sweat and labor.”
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Sandalova, Victoria, and Ekaterina Azarova. "The Supervision Over Observance and Enforcement of the Banking Legislation in the Field of Mortgage Lending." Legal Concept, no. 2 (July 2022): 75–82. http://dx.doi.org/10.15688/lc.jvolsu.2022.2.10.
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Introduction: the digitalization of information interchange between parties to a civil transaction contributes to the dynamic growth of transactions, including in the banking sector. At the same time, disappointing statistics for the period 2021 – early 2022 indicate a decline in the growth of criminal acts against the individual against the background of a constant increase in malicious acts and offenses in the field of obtaining and issuing borrowings and loans, mortgages with the participation of consumers. Realizing the importance of the human rights activities of the prosecutor’s office in the supervision and control of observance and enforcement of the banking legislation, the leadership of the Prosecutor General’s Office of Russia has designated the sphere of mortgage lending involving citizen participation as the primary area of the prosecutor’s attention. Revealing qualitative indicators in the implementation of supervisory measures by the prosecutor’s office aimed at detecting and suppressing violations of the banking legislation in the field of mortgage lending is the purpose of the scientific study. Methods: the methodological framework for the journalistic research is a set of methods of scientific cognition, among which the main ones are analysis, synthesis, generalization and comparative jurisprudence. Results: the study analyzes the implemented measures within the framework of the prosecutor’s supervision over observance and enforcement of the banking legislation in the field of mortgage lending. A positive trend in the human rights activities of the prosecutor’s office in the direction under study is noted, which has a positive impact, including on judicial practice to protect the rights of borrowers. The opinion is expressed on the need to address organizational issues of interaction of the prosecutor’s office with other agencies with similar powers, and, directly, with credit organizations. Conclusions: the authors are convinced of the importance of the role of the prosecutor’s office in the field under study, which can influence the stability of civil turnover, the formation and implementation of the principles of good faith and freedom of contract. The solution of issues of interdepartmental interaction and problems of information availability of banking information will contribute to strengthening the beneficial effect in the implementation of supervisory measures by the prosecutor’s office aimed at detecting and suppressing violations of the banking legislation in the field of mortgage lending.
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Bonython, Wendy, and John Farrar. "Principle and Policy in Malicious Prosecution." Bond Law Review 34, no. 3 (November 2, 2023). http://dx.doi.org/10.53300/001c.89729.
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Judicial consideration by the Judicial Committee of the Privy Council, and the United Kingdom Supreme Court, of the tort of malicious prosecution – historically confined to criminal prosecution and limited civil proceedings – demonstrates considerable confusion in Common Law systems over the roles of principle and policy in judicial reasoning. As judgements extending malicious prosecution to maliciously motivated civil claims demonstrate, the principles and policies underpinning malicious prosecution and abuse of process, and the relationship between these torts – regarded by judges and jurists as anomalous – remain unclear. Other common law jurisdictions are yet to positively affirm the revised malicious prosecution tort’s applicability to civil proceedings, and the few plaintiffs to plead the expanded tort to date have been unsuccessful. While the harms arising from maliciously brought civil proceedings understandably excite sympathy, this article contends that expanding malicious prosecution to civil claims via common law reform is a problematic solution resting on unsound jurisprudential foundations, which faces potentially insurmountable evidentiary barriers and necessitates further litigation. We suggest that a better alternative is to encourage greater use of the court’s existing inherent jurisdiction to award compensatory costs and propose introduction of punitive statutory costs powers, available in extreme cases, to deter litigants from initiating civil claims prompted by malice.
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-, CHANDI PRASAD KHAMARI, and SARTHAKA KUMAR RATH -. "The Law Of Malicious Prosecution In Torts: An Analytical Study." International Journal For Multidisciplinary Research 5, no. 6 (November 4, 2023). http://dx.doi.org/10.36948/ijfmr.2023.v05i06.8404.
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A malicious prosecution is the malicious institution of unsuccessful criminal or liquidation proceedings against another without reasonable or probable cause. It is an abuse of process of the court by wrongfully setting the law in motion on a criminal charge. In this article, the researchers discuss the essential ingredients of malicious prosecution. This article not only covers criminal prosecutions but also the civil process. Further, the paper analyses several cases of the Supreme Court and High Courts.
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Daudpota, Faisal. "Tort of Malicious Prosecution in Pakistan." SSRN Electronic Journal, 2010. http://dx.doi.org/10.2139/ssrn.1530241.
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Chuks Okpaluba. "BETWEEN REASONABLE AND PROBABLE CAUSE AND MALICE IN THE LAW OF MALICIOUS PROSECUTION: A COMMONWEALTH UPDATE." Obiter 37, no. 2 (August 1, 2016). http://dx.doi.org/10.17159/obiter.v37i2.11537.
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Although the requirements of absence of a reasonable and probable cause and malice are two distinct elements in an action for malicious prosecution, they sometimes appear inseparable. An absence of reasonable and probable cause might, in instances, be a clear indication of malice on the part of the prosecution. However, while the absence of reasonable and probable cause is often deduced from the conduct of the prosecutor, judged from the objective standpoint of a reasonable prosecutor possessed of the same information, malice is inferred from the state of mind of the prosecutor as to whether he or she genuinely intended to bring the accused person to justice, or had operated from the angle of vengeance, improper purpose, targeted malice or for any unlawful purpose. Such inference can easily be drawn where the investigating officer and the prosecutor knowingly relied on fabricated information – Minister of Safety and Security v Tyokwana 2015 (1) SACR 597 (SCA). The burden of proof of both elements, though extensively canvassed by the Australian High Court in A v New South Wales (2007) 230 CLR 500 (HCA), has been taken a step further by the New South Wales Court of Appeal in State of NSW v Quirk [2012] NSWCA 216. The Supreme Court of Appeal of South Africa has maintained in Woji v Minister of Police 2014 (1) SACR 409 (SCA) that negligence or gross negligence, short of dolus eventualis, would not suffice in a claim for malicious prosecution. The defendant must have been aware of the wrongfulness of his or her conduct in initiating or continuing the prosecution, but nevertheless continued to act, reckless as to the consequences of his or her conduct.
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Drobyshev, Paul. "--------- (((( ) (The Tort of Malicious Prosecution in Civil Proceedings (for Russian Readers))." SSRN Electronic Journal, 2017. http://dx.doi.org/10.2139/ssrn.2990846.
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Dutta, Akarshana. "A Critical Analysis on Racial Discrimination and Malicious Prosecution in USA." SSRN Electronic Journal, 2021. http://dx.doi.org/10.2139/ssrn.4255233.
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"Damages for wrongful arrest, detention and malicious prosecution in Swaziland: Liability issues." Journal for Juridical Science 43, no. 1 (2018). http://dx.doi.org/10.18820/24150517/jjs43.v1.4.
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Mulheron, Rachael. "The tort of malicious prosecution of civil proceedings: a critique and a proposal." Legal Studies, February 21, 2022, 1–21. http://dx.doi.org/10.1017/lst.2021.60.
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Abstract Litigation is a tactical business. The recognition of the tort of malicious prosecution of civil proceedings in Willers v Joyce in 2016, by the barest of majorities, adds to the tactical intrigue, for it is now feasible that failed civil proceedings could be swiftly followed by a counter-suit for malicious prosecution against the original unsuccessful claimant. The tort requires proof of ‘malice’. As a concept, malice may have a 400-year history, but insofar as the new tort is concerned, it has proven to be opaque. In this paper, a critical evaluation of the tort since the Supreme Court gave it the ‘green light’ in Willers is undertaken. As a cause of action, it has been sparsely used, and beset with difficulties and unforeseen consequences. Whilst tort law, as the rubric of civil wrongs, must remain ‘on the move’, it is important that judicial reform achieves desirable and useful outcomes. It is argued in the paper that the tort recognised by Willers has not met that objective to date. However, a detailed law reform study of this and other related torts, leading to a statutory tort of ‘abuse of litigious processes’, would serve to bring order to the present disarray.
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Nahmod, Sheldon H. "Amicus in Manuel V. City of Joliet, No. 14-9496: Section 1983 'Malicious Prosecution'." SSRN Electronic Journal, 2016. http://dx.doi.org/10.2139/ssrn.2827854.
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Fakunle, Ikeoluwapo. "The Position of the Law on Malicious Prosecution vis-a-vis False Rape Claims in Nigeria." SSRN Electronic Journal, 2022. http://dx.doi.org/10.2139/ssrn.4225729.
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Okpaluba, C. "Reasonable and Probable Cause in the Law of Malicious Prosecution: A Review of South African and Commonwealth Decisions." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (May 15, 2013). http://dx.doi.org/10.4314/pelj.v16i1.8.
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