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Journal articles on the topic 'Theory of aggravating circumstances'

Author: Grafiati

Published: 7 July 2024

Last updated: 31 July 2025

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1

Keya, Antoni. "Interpreting Perlocutionary Speech Acts on Aggravation and Mitigation Circumstances: The Case of the former ICTR." Umma The Journal of Contemporary Literature and Creative Art 11, no. 1 (2024): 50–79. http://dx.doi.org/10.56279/ummaj.v11i1.3.

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This article attempts to interpret the interactivity between force of utterance and aggravating and mitigation circumstances during the ICTR sentencing process. This process which is essential in determining whether the judges’ evaluative comments aimed to address aggravation and mitigation circumstances are predictive of the ensuing sentences. The data for this article were accessed from the 1995-2000 Basic Documents and Case Law CD-ROM of the then International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania, focusing on the then thirteen (13) completed cases retrievable from http://

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2

Yakovleva, Olga. "Problematic Issues of the Correlation of Circumstances Aggravating Punishment with Qualifying Factors." Legal Concept 23, no. 1 (2024): 127–31. http://dx.doi.org/10.15688/lc.jvolsu.2024.1.17.

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Introduction: the issues of the correlation of aggravating circumstances with qualifying factors provided for in the Special Part of the Criminal Code of the Russian Federation are of particular importance in the science and theory of criminal law. However, the main layer of proceedings is assigned to the subjects applying the law. The law enforcement officer faces a number of issues related to the definition, correlation and delineation of aggravating circumstances, which are fixed in the General Part of the Criminal Code of the Russian Federation and qualifying constituent elements. Of cours

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Lapshin, V. F., and N. N. Kemova. "Hooligan motivation as a means of differentiation of criminal responsibility." Eurasian Scientific Journal of Law, no. 4 (5) (January 4, 2024): 48–58. http://dx.doi.org/10.46914/2959-4197-2023-1-4-48-58.

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In modern criminal law theory, there is no consensus on the optimal and necessary number of means of differentiating of criminal responsibility. Therefore, lists of types of qualifying signs and circumstances aggravating punishment are still in the process of being formed. Hooligan motives are fairly common motive for committing a crime, but so far it has not been considered as one of the aggravating circumstances, which creates conditions for deviation from the principle of justice when imposing punishment for a committed crime. The purpose of the study is to substantiate the recognition of a

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Arum, Debora Sekar. "Best practice in aggravating and mitigating factors: Assessment of court decisions on corruption." Integritas : Jurnal Antikorupsi 8, no. 2 (2023): 177–84. http://dx.doi.org/10.32697/integritas.v8i2.910.

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Many court decisions on corruption have contained aggravating and mitigating factors that have left the public wondering. This research aims to find out the standard of best practice in aggravating and mitigating factors on corruption cases and measure the fulfillment of those standards in various court decisions. This normative research utilises the statute, case, and conceptual approaches as well as the qualitative analysis method. The research concluded that, (1) circumstances outside the elements of the crime, (2) circumstances that reflect the seriousness or dangerousness of the crime and

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Severskii, Georgii Yurievich. "Criminal-legal significance of minority of the injured as an aggravating circumstance." Право и политика, no. 5 (May 2023): 30–36. http://dx.doi.org/10.7256/2454-0706.2023.5.40672.

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The article considers the criminal law significance of signs of infancy and minority of the victim as an aggravating circumstance in the criminal legislation of the Russian Federation. Thus, the subject of research is the social relations that characterize the named circumstance. As part of the work, the author studies various doctrinal approaches to the definition of the concepts of "juvenile" and "minor" in the context of the issues under consideration. In addition, the study touches upon the law enforcement problems of taking into account the infancy and minority of the victim when qualifyi

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Avdeyev, Mikhail Alekseyevich, and Anastasiya Sergeyevna Shtrants. "QUALIFYING SIGNS GENERAL CHARACTERISTIC AND THEIR IMPORTANCE IN CORPUS DELICTI STRUCTURE PLANNING." Current Issues of the State and Law, no. 9 (2019): 66–75. http://dx.doi.org/10.20310/2587-9340-2019-3-9-66-75.

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We consider qualifying signs of the crime as one of the forms of differentiation of criminal liability, reflecting the qualitative characteristics of the criminal act. Also we analyze the doctrinal approaches to the two most controversial issues of the theory of criminal law concerning the nature and content of qualifying signs: their correlation with the circumstances aggravating the punishment, as well as a constructive connection with the corpus delicti. We draw a conclusion that such qualifying signs as the criminal law category have a dual nature. On the one hand, they are comparable to t

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Sinaga, Cindy Debora, Somawijaya Somawijaya, and Agus Takariawan. "Implications of Correspondence Inference Attribution Theory & Behavioral Jurisprudence Theory: Judge's Conciderations on Conscience." SASI 28, no. 1 (2022): 78. http://dx.doi.org/10.47268/sasi.v28i1.745.

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Introduction: This article analyzes the implications of the attribution correspondence inference theory and whether the urge of conscience as affect in the Defendant is the reason for the abolition of the sentence? also behavioral jurisprudence theory on judges' considerations, where it's often a discourse in Indonesia. It is necessary to explore the human values contained in Defendant.Purposes of the Research: The objectives of the research are: First, to provide an analysis of how the theory of attribution correspondence inference to the judge's considerations in determining the circumstance

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Wall, Joseph, Timothy J. Fogarty, and Jodi Gissel. "Why Punishment Does Not Fit the Crime: Experimental Evidence That Situational Circumstances Crowd Out Damage Done." Journal of Forensic Accounting Research 5, no. 1 (2020): 142–76. http://dx.doi.org/10.2308/jfar-19-019.

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ABSTRACT Regulators desire punishment that restores individuals to monetary positions before the damage and deters future violations. Thus, enforcement effectiveness is partially a function of punishment severity. Under the Securities and Exchange Commission's oversight, the Financial Industry Regulatory Authority provides enforcement and punishment guidelines for securities fraud cases. However, motivation crowding theory suggests extenuating and aggravating circumstances may complicate punishment. We investigate the concern that individuals charged with punishing securities fraud might be ex

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Sobir Qizi, Azizova Shalola. "Issues Of Responsibility For The Use Of Violence Against Medical Personnel In Connection With The Performance Of Their Official Duties." American Journal of Political Science Law and Criminology 03, no. 09 (2021): 26–29. http://dx.doi.org/10.37547/tajpslc/volume03issue09-05.

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The article analyzes the relevance of protecting the rights of medical workers in the Republic of Uzbekistan, as well as certain elements of threats and violence in connection with the performance of their duties as medical workers, increasing the criminal liability of those guilty of violence against medical workers. The article analyzes the components of responsibility for threats and violence against medical personnel in the legislation of some foreign countries, aggravating circumstances.

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Kamalova, Dildora. "ISSUES OF CLASSIFICATION OF THE OFFENSE AS A CRIMINAL ASSASSINATION AND DISTINGUISHMENT FROM SIMILAR CRIMES." Jurisprudence 3, no. 4 (2023): 122–32. http://dx.doi.org/10.51788/tsul.jurisprudence.3.4./qfoi3219.

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This article analyzes the signs of a specific type of attempt–an “imaginary attempt–and questions about its qualification. The author developed the author’s definition of the concept of “imaginary attempt”. It is noted that crimes where the criminal intent of a person is aimed at the onset of the consequences provided for by the aggravating (qualifying) composition, however, when the act was committed, the consequences of the main corpus delicti occurred, without signs of an aggravating corpus delicti, should be understood as a “sham attempt”. The author, on the basis of the theory of criminal

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Selvy, Selvy, and Syafri Hariansah. "Analysis of Disparity in Judges' Decisions in Narcotics Crimes Cases: Case Study of the Decision of the Sungailiat District Court Number 175/PID. SUS/2017/PN SGL JO Supreme Court Decision Number 629 PK/PID. SUS/2024." Journal of Law, Politic and Humanities 5, no. 4 (2025): 2991–95. https://doi.org/10.38035/jlph.v5i4.1512.

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The disparity in judges' decisions regarding narcotics cases in Indonesia has become a critical issue, affecting legal certainty and public trust in the judicial system. This study examines the decision disparity in the Sungailiat District Court Case No. 175/Pid.Sus/2017/PN Sgl and Supreme Court Case No. 629 PK/Pid.Sus/2024. Using a normative and empirical juridical approach, the study identifies key factors influencing decision differences, including variations in judicial interpretation, application of legal provisions, and consideration of mitigating/aggravating circumstances. By employing

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Budyn-Kulik, Magdalena. "Wpływ osobowości sprawcy na ocenę podstaw i zakresu odpowiedzialności karnej." Nowa Kodyfikacja Prawa Karnego 43 (May 16, 2017): 45–61. http://dx.doi.org/10.19195/2084-5065.43.5.

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The wrong-doer’s personality influence on the assessment of criminal liability grounds and scopeA criminal act is done in certain circumstances, but it refl ects also the wrong-doer’s personality and his/her social dangerousness. The Criminal Code of 1997 replaced the term “social dangerousness” with “social harmfulness”. Art. 115 § 2 CC points out the circumstances that should be considered while assessing the level of social harmfulness; with no personality-like circumstance mentioned there. Such factor is indirectly hidden in the phenomena of motivation. While one considers acts that are do

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Chernenko, Tamara G. "Mitigating circumstances in criminal law: Some problematic issues." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 52 (2024): 80–90. http://dx.doi.org/10.17223/22253513/52/6.

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In the doctrine of criminal law, there has not been an equable understanding of circumstances mitigating punishment, their legal nature, and functional purpose. The author believes that the current name of a mitigating situation in the Criminal Code of the Russian Federation as a situation mitigating only punishment does not reflect its purpose, since these situations are taken into account by the court when choosing other forms of criminal liability. The conclusion about the need to designate these circumstances as circumstances mitigating criminal liability is substantiated. The following de

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14

Cahya Ningrum, Bella, I. Ketut Siregig, and Suta Ramadan. "ANALISIS YURIDIS PENGGUNAAN BOM DALAM PENANGKAPAN IKAN DI WILAYAH PERAIRAN LAUT PULAU SEBUKU KABUPATEN LAMPUNG SELATAN (Studi Putusan Nomor : 321/Pid.Sus/2021/Pn.Tjk)." IBLAM LAW REVIEW 2, no. 1 (2022): 73–91. http://dx.doi.org/10.52249/ilr.v2i1.52.

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The illegal act of fishing with explosives is currently regulated by Law No. 45 of 2009 on Fisheries, which states several legal provisions, including that waters are under the sovereignty and jurisdiction of the Unitary State of the Republic of Indonesia, as well as the Indonesian Exclusive Economic Zone, and are based on international provisions containing fish resources and potential fish farming land. In this work, a normative juridical approach and an empirical approach were used as research methods. Data is gathered through library research and field studies. The Defendant employed explo

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Abzalova, Khurshida Mirziyatovna. "SOME MATTERS OF IMPOSITION OF PUNISHMENT FOR PREPARATION FOR PREMEDITATED MURDER IN THE CRIMINAL CODE OF THE REPUBLIC OF UZBEKISTAN." International Journal of Legal Studies ( IJOLS ) 4, no. 2 (2018): 159–67. http://dx.doi.org/10.5604/01.3001.0013.0011.

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This article analysis some aspects of assignment of punishment for preparation for premeditated murder on the basis of the theory of criminal law, draws the corresponding conclusions and develops recommendations in the criminal legislation of the Republic of Uzbekistan. According to article 58 of Criminal code of the Republic of Uzbekistan at assignment of punishment for preparation for crime, in particular to premeditated murder (dolus premeditatus), court is being guided by the general beginnings of assignment of punishment, considers also weight of crime, extent of implementation of crimina

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Kozachenko, Ivan Ya, and Evgenia E. Melyukhanova. "SENTENCING FOR A CRIME COMMITTED IN COMPLICITY." Oeconomia et Jus, no. 2 (June 26, 2023): 71–85. http://dx.doi.org/10.47026/2499-9636-2023-2-71-85.

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Introduction. The Institute of complicity in the science of the criminal law has received and continues to receive close attention. Signs of complicity, forms and types of complicity, rules to qualify crimes committed in complicity, and much more are discussed in detail. However, as a rule, special attention is not paid to the issues of sentencing for a crime committed in complicity. The article deals with the problems of sentencing for a crime committed in complicity. The purpose of the study is to analyze the theory and practice of sentencing for a crime committed in complicity, to formulate

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17

Mykolaichuk, Olena. "Predictors of emotional burnout in military personnel: a correlational analysis of personal and professional factors." Visnyk Taras Shevchenko National University of Kyiv. Military-Special Sciences, no. 4 (60) (2024): 31–38. https://doi.org/10.17721/1728-2217.2024.60.31-38.

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B a c k g r o u n d . The relevance of studying emotional burnout in military personnel is driven by the extreme circumstances of today, considering the specific nature of military-professional activities, the influence of aggravating factors, and the growing need for effective preventive and corrective measures to support the mental health of military personnel. The purpose of the study is to examine the personal and professional factors, in the context of motivational theory, which can be predictors of this phenomenon. M e t h o d s . The study employed both theoretical methods (analysis, co

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18

Koval, Maria, and Svitlana Soroka. "Motives of a Person’s Criminal Behavior." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 11, no. 44 (2024): 81–86. https://doi.org/10.23939/law2024.44.081.

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Abstract. It has been found that the motives of a person's criminal behavior are psycho-socio-criminological motivational properties that direct a person's activity into the illegal plane in order to realize personal aspirations and illegal behavior. A person can be motivated by many reasons and circumstances for criminal behavior, but all of them, except for the state of affect, should not be an excuse for such an act, although in certain situations they can become circumstances that mitigate the punishment. In order to recognize a motive as an aggravating or mitigating circumstance, it is ne

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Trisna, Nila, Husnaini Husnaini, and Adella Yuana. "TINDAK PIDANA PENEBANGAN POHON DI TANAH ULAYAT MASYARAKAT ADAT DALAM KAWASAN HUTAN KONSERVASI CAGAR ALAM MANINJAU (Studi Kasus Nomor: 129/ Pid.B/ LH/ 2017/ PN. LBB)." Ius Civile: Refleksi Penegakan Hukum dan Keadilan 8, no. 1 (2024): 27. http://dx.doi.org/10.35308/jic.v8i1.9042.

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In Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction, in this case, it does not pay attention to the rights of indigenous peoples who have obtained customary rights or rights to control forests for generations. In Nagari Koto Malintang, they have local wisdom that they have practiced for years, such as felling 2 trees for basic needs and not for commercial purposes through permission from local traditional leaders and the Wali Nagari Koto Malintang.This research is a normative juridical research using a case approach and a statute approach, in this research the

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Nabillah Menisi, Elfania. "Konsep Ta’addul Uqubah Dalam Korelasi Putusan Nomor 267/Pid.Sus/2019/Pn.Grt Tentang Pelindungan Anak." Jurnal Al-Jina'i Al-Islami 1, no. 1 (2023): 13–26. https://doi.org/10.15575/jaa.v1i1.146.

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The discrepancy between the main principles of absorption theory and complementary theory in the concourse and ta'addudul uqubah in combined crimes, which results in Islamic law being totally incapable of being implemented when there are criminal acts committed simultaneously. This research focuses on what is considered by judges in rulings on child protection cases. The use of maqashid asy-shari'ah theory, which is related to hifdz nafs, combined theory of criminal acts, and sharpened absorption theory. By using normative-empirical legal studies accompanied by qualitative data types, and prim

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Морозова, Наталья, and Natalya Morozova. "Complicity in Commission of Administrative Offence." Journal of Russian Law 2, no. 8 (2014): 113–25. http://dx.doi.org/10.12737/5283.

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The question of possible complicity of the offenders committing administrative violations is controversial. In the Code of Administrative Offences of The Russian Federation has no notion of complicity, at the same time an administrative offences can be committed by several persons, that is confirmed by the analysis of article 14.32 of the Code. In this article the author proposes to introduce institution of complicity by means of joint participation into Code of Administrative Offences of The Russian Federation using experience of the theory of criminal law. The article considers the possibili

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Myslyvyy, V., and S. Stadnik. "SPIRITUAL OR MENTAL: CRIMINAL LEGAL DISCOURSE." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 3(63) (October 16, 2024): 80–86. http://dx.doi.org/10.20535/2308-5053.2024.3(63).313506.

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The article examines the criminal-law categories "soul" and "mental," which characterize the features of the subjective side in the criminal law of Ukraine, as both lawful and unlawful activities of a person within its norms are inextricably linked with their mental qualities. It is noted that these categories are important for the criminal-law assessment of circumstances that exclude criminal unlawfulness of the act, as well as for analyzing the features of the subjective side of certain crimes against health and life, their qualification, consideration as circumstances mitigating and aggrava

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Kuznetsov, A. P. "Aggravating circumstances." Institute Bulletin: Crime, Punishment, Correction 13, no. 2 (2019): 153–61. http://dx.doi.org/10.46741/2076-4162-2019-13-2-153-161.

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In the article on the basis of the latest amendments made to the Criminal Code of the Russian Federation circumstances aggravating the punishment are investigated, attention is drawn to some controversial legal and technical decisions in their formulation. The criminal law on the strength of influence of certain circumstances on the chosen punishment is clearly not enough, which does not contribute to enhancing the preventive role of the law, the elimination of subjectivism and discord in practice. Most scientists and practitioners support the idea of specifying, emphasizing that it will be ea

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Biyebayeva, A. A., А. М. Kalguzhinova, and А. T. Zhumasheva. "Revisiting the improvement of the criminal legislation of the republic of Kazakhstan on liability for the murder for hire." Bulletin of the Karaganda University “Law Series” 100, no. 4 (2020): 58–67. http://dx.doi.org/10.31489/2020l4/58-67.

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The article is concerned with consideration of the signs of murder for hire, the identification of types of accomplices in the commission of murders for hire, the concept of hiring in the commission of a killing, the social grounds for increasing responsibility for these circumstances qualifying the killing. The authors carried out a historical and legal analysis of the customary law of Kazakhs, Soviet and modern domestic criminal legislation regulating responsibility for murders. The bases of differentiation of criminal responsibility for aggravated killing have been determined. The concept a

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Lee, Young Moo. "Legal Principles and Problems of the Concept of Restricted Discretion." Institute for Legal Studies Chonnam National University 43, no. 4 (2023): 153–79. http://dx.doi.org/10.38133/cnulawreview.2023.43.4.153.

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Control over the acts of discretion is one of the long-standing challenges faced by the administrative law community. Control over the acts of discretion begins with the distinction between binding acts and acts of discretion. However, the relevant precedents are aggravating the difficulty of control over the acts of discretion by recognizing the concept of restricted discretion as a third area that is neither binding acts nor acts of discretion. According to the theory of precedents, acts of restricted discretion are binding acts in principle, but in exceptional cases, they refer to acts that

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Buzgalin, Aleksandr V., and Sergei Yu Glazyev. "RUSSIAN EDUCATION IN THE FIELD OF ECONOMIC THEORY: AN UPDATE IS NEEDED." Russian Economic Journal, no. 5 (September 29, 2022): 4–21. http://dx.doi.org/10.33983/0130-9757-2022-5-4-21.

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The article argues the conclusion about the need to reform the education system in the field of economic theory. The reason for this is both the general problems known for many decades of reducing this field of teaching to courses in micro- and macroeconomics with some additions, and new circumstances — profound changes in economic life in the world in general and in Russia in particular. The authors show that the beginning of qualitative changes in technology, the aggravation of global problems and geopolitical confrontations necessitated transformations in the space of economic relations and

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Я.В., Гармышев,, Ишигеев, В.С., and Бондарь, А.Я. "QUALIFICATION OF CERTAIN ELEMENTS OF CRIMES COMMITTED WITH THE USE OF WEAPONS OR ITEMS USED AS WEAPONS." VESTNIK OF THE EAST SIBERIAN INSTITUTE OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION, no. 4(103) (December 26, 2022): 146–57. http://dx.doi.org/10.55001/2312-3184.2022.26.99.014.

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Введение:в статье рассмотрена правовая природа обстоятельства, отягчающего наказание «с применением оружия или предметов, используемых в качестве оружия» на примере отдельных составов насильственных преступлений. Материалы и методы: законодательную основу исследования составляют Конституция Российской Федерации и образованное на ее основе уголовное законодательство России, иные отраслевые нормативные акты, регламентирующие сферу общественной безопасности, а также определяющие правовые основы ответственности за отдельные виды вооруженных преступлений. Методологической характеристикой исследован

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Shutova, Yuliya Aleksandrovna. "Threat of murder or serious harm to health: problems of law enforcement and ways to overcome them." Юридические исследования, no. 1 (January 2024): 73–83. http://dx.doi.org/10.25136/2409-7136.2024.1.69709.

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Within the framework of this article, the most common crime against a person is considered - the threat of murder or causing serious harm to health. In the course of studying law enforcement practice, a number of problems arise both in the framework of the implementation of the criminal law norm provided for in Article 119 of the Criminal Code of the Russian Federation, and in the individualization of criminal legal impact on a person who has made a threat to kill or cause serious harm to health. In this regard, the subject of this study will be: the criminal law norm contained in Article 119

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Allanova, Azizakhon Avazxonovna. "MITIGATING AND AGGRAVATING CIRCUMSTANCES IN THE CRIMINAL LAW OF FOREIGN COUNTRIES." Journal of law research 2, Special issue 2 (2022): 35–43. https://doi.org/10.5281/zenodo.6759829.

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This scientific article analyzes the general principles of sentencing, mitigating and aggravating circumstances under the Criminal Code of the Republic of Uzbekistan and their classification, mitigating and aggravating circumstances in the criminal law of foreign countries, their specific features, specific features of sentencing and its improvement. The procedure for imposing a sentence in the presence of mitigating and aggravating circumstances in the criminal law of some foreign countries has also been studied in detail.

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Shestak, L. V., and S. V. Veremiienko. "THE CIRCUMSTANCES AGGRAVATING ADMINISTRATIVE RESPONSIBILITY." Comparative-analytical law 5 (2019): 318–21. http://dx.doi.org/10.32782/2524-0390/2019.5.81.

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Kovalenko, Olena, and Alina Plotnikova. "Regarding the consideration of mitigating and aggravating circumstances when imposing a sentence for an act under art. 270 of the Criminal Code of Ukraine “violation of fire or industrial safety requirements established by law”." Actual problems of innovative economy and law 2024, no. 4 (2024): 125–28. https://doi.org/10.36887/2524-0455-2024-4-24.

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The article analyzes the mitigating and aggravating circumstances as elements of the general principles of sentencing provided for by the current Criminal Code of Ukraine. The author determines the importance of considering mitigating and aggravating circumstances for the sentencing process. The author notes a lack of scientific research into the practice of sentencing for an act under Parts 1 and 2 of Article 270 of the Criminal Code of Ukraine. The author emphasizes that, given the limited representativeness of such a study, there is nevertheless a particular possibility of building an algor

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Ridha Nur Arifa. "PEMIDANAAN TERHADAP RESIDIVIS TINDAK PIDANA PENCURIAN DALAM KEADAAN MEMBERATKAN DI WILAYAH HUKUM PENGADILAN NEGERI TAPAKTUAN." Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam 17, no. 1 (2023): 16–27. http://dx.doi.org/10.61393/tahqiqa.v17i1.83.

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The definition of recidivism in the Indonesian Criminal Code is regulated in Article 486 of the Criminal Code, namely regarding repeat crimes involving assets and fraud. In these articles what is meant by a recidivist is stated to be repeating a crime for his actions, there is a threat of a sentence that is aggravated or added to one third. However, in practice in the jurisdiction of the Tapaktuan District Court, judges do not impose criminal charges against recidivist criminal acts of theft in aggravating circumstances. This paper examines the Basic Considerations of Judges in Imposing Decisi

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Василенко, М. О. "REPEATING AND RECURRENCE OF INTENTIONAL MURDER UNDER AGGRESSIVE CIRCUMSTANCES." Juridical science, no. 3(105) (March 30, 2020): 352–61. http://dx.doi.org/10.32844/2222-5374-2020-105-3.43.

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In the article, the author conducted a study of recurrence and recurrence as forms of multiplicity of premeditated murder under aggravating circumstances. The relevance of this work is that this issue has not been the subject of a separate study among modern scholars of criminal law. In the work the author found that the recurrence of premeditated murder under aggravating circumstances, it is necessary to distinguish from a criminal offense under paragraph 13 of Part 2 of Article. 115 of the Criminal Code of Ukraine (premeditated murder committed by a person who previously committed premeditat

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Ferdinan Januari and Bambang Waluyo. "Analysis of Considerations of Mitigating and Aggravating Circumstances in Corruption Crime Cases (Case Study Decision Number 942 K/Pid.Sus/2022)." Journal of Law, Politic and Humanities 4, no. 5 (2024): 1164–72. https://doi.org/10.38035/jlph.v4i5.505.

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This article is entitled Analysis of Considerations of Mitigating and Aggravating Circumstances in Corruption Crime Cases (Case Study of Decision Number 942 K/Pid.Sus/2022). This article aims to analyze the application of mitigating and aggravating circumstances in corruption cases as well as finding the influence of these on Decision Number 942K/Pid.Sus/2022. Using normative juridical methods with a statutory approach, conceptual approach and case approach. The results of this study show that there are problems regarding the application of mitigating and aggravating circumstances due to diffe

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Urazboev, Sardorbek, and Muhammadrashodhon Odilov. "CIRCUMSTANCES AGGRAVATING THE LIABILITY FOR BRIBERY AND SOME ASPECTS OF THEIR QUALIFICATION." Criminology and Criminal Justice 2, no. 2-3 (2022): 36–47. http://dx.doi.org/10.51788/tsul.ccj.2.2-3./wgbv1791.

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The article analyzes liability for bribery in the presence of aggravating circumstances, difficulties in qualifying criminal acts, and their relationship to the circumstances specified in parts 2 and 3 of Articles 210, 211, and 212 of the Criminal Code of the Republic of Uzbekistan. Some aspects of their qualification and differentiation, signs that affect the qualification of cases, significantly increasing the social danger of this type of crime, an increase in liability in the presence of aggravating circumstances when receiving a bribe, giving a bribe, and mediation in bribery, circumstanc

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Шкредова, Эвелина, and Evelina Shkredova. "Taking into Account Perpetrator’s Personality and Circumstances Mitigating or Aggravating the Punishment, as One of the Criteria of Fair Punishment." Journal of Russian Law 4, no. 6 (2016): 0. http://dx.doi.org/10.12737/19773.

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The article is devoted to the analysis of the general principles, which are most frequently taken into account in infliction of penalty: perpetrator’s personality and the circumstances mitigating or aggravating the punishment. In particular, the author notes that negative personality characteristics, which do not manifest themselves in the criminal conduct and which do not give evidence of the social danger should not be taken into account in sentencing. The author examines which characteristics of the individual offender must be considered in sentencing. The author attends to errors arising f

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Sukarjono, Bambang, Meirza Aulia Chairani, Angga Pramodya Pradhana, and Lusi Ardiani. "Peranan Saksi Mahkota Dalam Perkara Tindak Pidana Kasus Pembunuhan Berencana Brigadir Joshua Dikaitkan Dengan Asas Non Self Incrimination." YUSTISIA MERDEKA : Jurnal Ilmiah Hukum 9, no. 1 (2023): 68–84. http://dx.doi.org/10.33319/yume.v9i1.219.

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Abstract-The purpose of this study was to analyze the role of the crown witness in the premeditated murder case of Brigadier Joshua associated with the principle of non-self-incrimination and the obstacles to using a crown witness in the premeditated murder case of Brigadier Joshua associated with the principle of non-self-incrimination. This writing research method uses a normative juridical method with three approaches, namely the statutory approach (statute approach), conceptual approach (conceptual approach), and case approach (case approach). The results of the research on the role of the

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Gaina, Alexandru. "Aggravating circumstances of the crime of disclosure of state secret." National Law Journal, no. 2(248) (January 2023): 56–64. http://dx.doi.org/10.52388/1811-0770.2022.2(248).06.

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Before proceeding to examine the aggravating circumstances of the offense specified in Article 344 of the Criminal Code of the Republic of Moldova, it was considered appropriate to refer, first of all, to their determination and definition according to the criminal doctrine of the Republic of Moldova. Within the provisions of Article 77 Criminal Code of the Republic of Moldova, one of the aggravating circumstances is the provocation of serious consequences by criminal offense. This article addresses aggravating circumstances, as a result of the disclosure of "top secret" and "secret" classifie

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Tikhonov, V. I. "AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR." Bulletin of Udmurt University. Series Economics and Law 29, no. 5 (2019): 681–85. http://dx.doi.org/10.35634/2412-9593-2019-29-5-681-685.

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The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of c

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Zatelepin, O. K. "Mitigating and aggravating circumstances in judicial practice." Criminal Procedure, no. 7 (2021): 74–83. http://dx.doi.org/10.53114/20764413_2021_7_74.

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BUJOR, Constantin, and Dumitru Marinel HОRTОPAN. "Abordări asupra cazurilor de tragere la răspundere penala a stării de beției sau de ebrietate fie ca circumstanță atenuantă sau agravantă." Studii Juridice Universitare, no. 2 2021 (February 28, 2022): 185–200. https://doi.org/10.5281/zenodo.6400797.

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<strong>Approaches to Criminal Responsibilities of Drunkness or Drunkness Either Atenuating or Aggravating Circumstances</strong> With the individualization of punishments, mitigating or aggravating circumstances also have a great importance. There are various circumstances, which do not depend on the achievement of the legal content of the offense in its basic form. Circumstances — both attenuating and aggravating — refer to deed or perpetrator, influencing the degree of concrete social danger of the act, aggravating or attenuating the original responsibility of the perpetrator. T

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Vasilyev, I. A. "The principle of proportionality and strict liability of football clubs for the behavior of spectators at UEFA competitions." Law Enforcement Review 5, no. 3 (2021): 232–48. http://dx.doi.org/10.52468/2542-1514.2021.5(3).232-248.

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The subject. This article is devoted to the content of the principle of proportionality in disputes about the strict liability of football clubs for the behavior of spectators. The proportionality means that the sanction corresponds to the offense and it has two dimensions. Firstly, the more serious the offense is the higher the sanction should be. Secondly, proportionality protects sport from unreasonably low sanctions while the violation is serious.The purpose of the study is the content of the principle of proportionality: the use of related principles of sports jurisprudence, exceptional c

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Yurchenko, I. A. "Murder of Two or More Persons: what did the Supreme Court Mean?" Courier of Kutafin Moscow State Law University (MSAL)) 1, no. 10 (2023): 89–95. http://dx.doi.org/10.17803/2311-5998.2022.98.10.089-095.

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The article is devoted to the problem of excessive qualification for multiple homicide crimes. The author shows the evolution of the attribute “murder of two or more persons”, carries out its correlation with related circumstances aggravating criminal liability, explores controversial issues of criminal legal assessment of attempted murder and murder under aggravating circumstances as independent acts.In conclusion, a new version of the provisions of the Plenum of the Supreme Court of the Russian Federation regarding the murder of two or more persons as a completed crime is proposed.

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Siregar, Parlindungan, Risdalina Risdalina, and Indra Kumala Sari M. "Juridical Analysis of the Judge's Consideration in Terms of Mitigating the Defendant Against Premeditated Murder According to Law Number 48 of 2009 Concerning Judicial Power." Journal of Social Research 2, no. 1 (2022): 253–60. http://dx.doi.org/10.55324/josr.v2i1.519.

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Background: The law governing the National Criminal Procedure Law must be based on the views/philosophies of national life and the basis of the state, therefore the provisions of articles or paragraphs contained in the National Criminal Procedure Law describe the protection of human rights and the obligations of citizens.  Objectives: This study aims to find out and analyze things that can be considered aggravating circumstances and mitigating circumstances in criminal convictions. As well as knowing and analyzing the effect of consideration of burdensome circumstances and mitigati

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Kvasnikov, Evgeniy. "Aggravating circumstances of violating labor protection requirements (art. 143 of the Criminal Code of the Russian Federation)." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2022, no. 4 (2022): 119–24. http://dx.doi.org/10.35750/2071-8284-2022-4-119-124.

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The article deals with the legislative differentiation of criminal responsibility for violating labor protection requirements (art. 143 of the Criminal Code) depending on the consequences occurred.  The author outlines the historical aspects of legislating the aggravating circumstances for violating labor protection requirements. The legal description of the disposition of Article 143 of the Criminal Code of the Russian Federation in the part concerning the dispositions of related crimes with such a description is compared with other crimes against the labor rights of citizens. The opini

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Mostepaniuk, Liudmyla. "Martial law as an aggravating circumstance." Herald of the Association of Criminal Law of Ukraine 1, no. 21 (2024): 37–50. https://doi.org/10.21564/2311-9640.2024.21.306228.

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The article is devoted to clarifying the essence and identifying the shortcomings of such an aggravating circumstance, such as the commission of a crime using conditions of war or a state of emergency, other extraordinary events. The essence of the circumstances aggravating the punishment, which consists in increasing the degree of public danger of the person guilty of the criminal offense committed by him or her, is revealed, which is the basis for imposing a more severe punishment in the future. Mandatory features of the legal nature of aggravating circumstances are characterized. The differ

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Su, Tianrui, Lu Wang, and Zuoqing Xu. "The Crime of Insult in Cyberspace: A Discussion on the Identification of the Aggravating Circumstances." Communications in Humanities Research 13, no. 1 (2023): 143–50. http://dx.doi.org/10.54254/2753-7064/13/20230271.

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With the advancement of Internet technology, instances of insults or defamatory acts in cyberspace have become increasingly prevalent. The social harm arising from these acts surpasses that of traditional insults and defamation. However, Chinas legal system lacks a unified standard for evaluating such acts committed through the Internet particularly when determining the criteria for aggravating circumstances. By analyzing the distinctive features insulting crimes in both physical and virtual spaces, it becomes apparent that there is a lack of a clear definition for aggravating circumstances sp

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Kubeev, D. "The Role of Mitigating and Aggravating Circumstances in Sentencing for Crimes Against Minors." Bulletin of Science and Practice 11, no. 3 (2025): 413–19. https://doi.org/10.33619/2414-2948/112/51.

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This article examines the role of mitigating and aggravating circumstances in sentencing for crimes against minors. It explores how these factors influence judicial decisions, ensuring proportionality and fairness in the punishment of offenders. The study highlights common aggravating circumstances, such as the use of violence and exploitation of trust, as well as mitigating factors, including the offender’s age, mental state, and voluntary compensation to the victim. A comparative analysis of sentencing practices in different jurisdictions reveals significant variations in the application of

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Samotiievych, V. O. "AGGRAVATING CIRCUMSTANCES INFLUENCE ON SENTENCING FOR NEGLIGENT CRIMES." Scientific notes of Taurida National V.I. Vernadsky University. Series: Juridical Sciences 3, no. 2 (2020): 58–64. http://dx.doi.org/10.32838/2707-0581/2020.2-3/10.

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Mishanina, Angelina Andreevna. "CIRCUMSTANCES MITIGATING OR AGGRAVATING LIABILITY FOR TAX OFFENSES." Наука XXI века: актуальные направления развития, no. 1-2 (2022): 304–7. http://dx.doi.org/10.46554/sciencexxi-2022.03-1.2-pp.304.

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