Death Penalty for Trading in US Dollars: The Famous Foreign Currency Dealer Cases in Soviet Lithuania

This study presents a limited comparative analysis of Indonesian criminal law and Islamic law regarding the death penalty for acts of terrorism. The objective is to critically examine how the death penalty is regulated for individuals convicted of terrorism under both Indonesian criminal law and Islamic law, aiming to identify their similarities, differences, and implications for law enforcement. This normative legal research employs a comparative approach by analyzing legal texts, sources of fiqh and judicial interpretations, scholarly journals, and statutory laws related to the application of the death penalty. The findings reveal that, under Indonesian criminal law, the imposition of the death penalty for terrorism is governed by Law No. 5 of 2018 on the Eradication of Criminal Acts of Terrorism. In Islamic jurisprudence, terrorism is not explicitly discussed in traditional fiqh texts; however, it is often analogized to the concept of jarimah hirabah due to their similar characteristics. This analogy provides the legal and moral basis for imposing the death penalty on individuals convicted of terrorism. Both Islamic criminal law and Indonesia’s secular legal system categorize terrorism as an extraordinary crime that poses a serious threat to human safety, thereby justifying the potential use of the death penalty. Nevertheless, the two systems differ in their definitions of the crime’s legal elements. Islamic criminal law does not require that the consequences of the act be widespread, nor does it emphasize the perpetrator’s motive. In contrast, Indonesian criminal law stipulates that terrorism must involve widespread consequences to qualify under the statute. In addressing terrorism, the Indonesian government must carefully balance preventive measures with law enforcement actions. The death penalty should be regarded as a measure of last resort, applied with the utmost caution to ensure full compliance with human rights principles.

The article constitutes an attempt to analyze the regulations behind death penalty during the period of ancient Rome, as well as an attempt to answer the question of whether there was a system of punishments in ancient Rome. A synthesis of considerations concerning death penalty based on legal and non-legal sources of ancient Roman philosophers and jurists allows to conclude that Roman criminal law did not include definitions of some terms such as “criminal law”, “criminal trial” or “death penalty”. At that time, death penalty was regarded as one of the necessary elements of the law in force, however, no uniform system of punishments has been developed. The indicated Roman philosophers and jurists in their works synthesized and assessed the punishments that awaited those who broke the law as well as the methods of their implementation. After all, each of them hierarchized the penalties, as well as the methods of their enforcement in an individual manner. In ancient countries, death penalty played a significant role, aroused a sense of fear and anxiety in the public space, caused people to abide by the legal order, and at the same time prevented criminals from repeating prohibited acts.

The history of the criminal law and trial process has been published across various works. The work of some authors, such as Sir William Holdsworth, extends far beyond the scope of criminal law and procedure, developing this history through a chronology of the development of English law across some seventeen volumes. Other historians, such as Sir James Fitzjames Stephen, focused on the history of the substantive criminal law and trial process. This chapter departs from the approach of the legal historian for Foucault’s (1982) genealogical method to indicate the rise of the trial as a discursive institution of social justice. This method is adopted because it allows for an account of the criminal trial that differs markedly from previous historical accounts. Rather than focus on the trial as an institution that gradually adopted rules and procedures that made it more adversarial in character, I will examine the trial as an institution that was always ‘sociological’, as associated with the rights and interests of various parties and agents of justice. This analysis will consider more than traditional accounts of the emergence of adversarial justice from the eighteenth century: defendant rights, the introduction of counsel, a law of evidence, Crown or state prosecutors, and the independence of the judiciary. It is not that these developments are irrelevant to the development of the criminal trial. Instead, a different perspective on these developments will be considered that also accounts for the significant role played by victims, the community, and state. This perspective advances the argument that the criminal trial is an inclusive institution of social justice.KeywordsThirteenth CenturyTrial ProcessCriminal TrialGeneral CommissionCustomary PracticeThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

The article analyzes the sources and characteristic features of law in the Ukrainian «Hetmanate» State under P. Skoropadskyi. The prerequisites for the formation of the Ukrainian State under P. Skoropadskyi are revealed. It is noted that in matters of ensuring the legal basis of the activity of the Ukrainian State, the Hetman's government followed the path of restoring the effect of those normative acts of the tsarist government and partly of the Central Rada, which did not contradict the socio-economic and political interests of Hetman's Ukraine. It is assessed as positive that the Hetman power established clear principles of the law-making process from the very beginning of its existence. It is emphasized that in the «Laws on the Provisional State System of Ukraine» it was stated that the law adopted, that is, signed by the Hetman, enters into force «from the time specified for that purpose in the law itself», and the law could only be canceled by another law. Considerable attention is focused on the analysis of features of civil, criminal and procedural law in the Ukrainian State. It is established that several laws were issued in the field of civil law that regulated the issues of ownership and possession. They generally strictly defended the inviolability of private property and legal ownership. The Law of April 29, 1918, signed by Hetman P. Skoropadskyi, contained several norms related to civil relations. It is argued that criminal law in the Ukrainian State under the Hetmanate had an open punitive orientation. This, in particular, confirms the increased attention of legislators to the classification of crimes into the following types: against the state and the protection of public order and public peace (these included illegal actions aimed at violently changing or overthrowing the constitutional order or seizing state power; encroachment on the life of a statesman; banditry; smuggling and others); against property (theft, robbery, fraud, intentional destruction or damage to property and other economic crimes). As for the latter, the fight against speculation in various types of goods was mainly waged. Attention is also drawn to the legislative regulation of the fight against other types of crimes, in particular crimes against the person, the defense capability of the state, bribery, the procedure for conducting certain criminal cases, etc. Criminal punishments for crimes and other offenses were quite severe: death penalty, imprisonment, confiscation of property, fines, exile from the state, etc. Special attention in the Ukrainian State is paid to procedural law. Since the existence of the Hetmanate, a mixed judicial system has operated in Ukraine, that is, courts created by the Provisional Government, courts established by the Central Council, as well as judicial institutions from the time of the Russian Empire, revived by the government of the Ukrainian State. One of the primary tasks of the Hetman's administration was to establish the effective functioning of the judiciary. The normalization of the situation in Ukraine largely depended on this. On May 3, 1918, P. Skoropadskyi appointed M. Chubynskyi as Minister of Judicial Affairs by his order, who was given a rather responsible task: to restore the activities of judicial bodies. As a result of the work carried out, on July 8, 1918, the Council of Ministers adopted the law «On the formation of the State Senate», which repealed the law of the Central Rada of December 2, 1917, on the introduction of the General Court and established the State Senate in Kyiv as the highest instance of judicial and administrative affairs. Keywords: sources of law, legislation, state, legal regulation, Ukraine.

The Organic Law of the Peoples Republic of China was adopted at the 24th session of the tenth Standing Committee of the National Peoples Congress on January 1, 2007, giving the Supreme Peoples Court unilateral power to review death penalty cases. This was a historically significant event in criminal justice development in China, influencing Chinas criminal trial system and rule of law. On October 26, 2005, the Supreme Peoples Court issued the Outline for the Second Five-year Reform of the Peoples Courts, which definitively prescribed in accordance with the provisions of the Criminal Law, the Criminal Procedure Law, and the Organic Law of the Peoples Republic of China, the power to review death penalty cases will be unilaterally exercised by the Supreme Peoples Court for the purpose of strictly implementing laws, prudently utilizing the death penalty, ensuring fair and quality trials, safeguarding social stability, and promoting social harmony. Keywords: China; criminal law; criminal procedure law; death penalty review system; Supreme People's Court

The Dutch criminal law system is based on individual liability, yet part of the crime and violence Outlaw Motorcycle Gang (OMCG) members commit is collective in nature. This study examines the criminal law approach towards collective criminal behavior of OMCG members. The study analyzes police files and court judgements of criminal law cases that were filed against members of Dutch OMCGs. Additionally, interviews were carried out with public prosecutors involved in these criminal cases. The results show that it is often difficult to legally address OMCGs as criminal organizations or weigh the mere symbolic contribution of fellow club members to crime, such as the use of the OMCGs’ violent reputation. Furthermore, the results suggest that in order to circumvent legal difficulties in addressing group symbolism and OMCGs as collectives via criminal law, the Dutch Public Prosecution Office has recently opted for a stronger interplay between criminal and civil law, targeting both individual OMCG members and the structural aspects of OMCGs. Future research is needed to establish which (interplays between) legal instruments are most effective in responding to collective criminal behavior.

This article is dedicated to the memory of ScD (Law), Professor, Honored scientist of the RSFSR Aleksandr Solomonovich Mikhlin and to the 90th anniversary of his birth. Aleksandr Solomonovich Mikhlin was born in Moscow on February 16, 1930. In 1951, he graduated from the Moscow law Institute, after which he worked as a legal adviser in the system of the Ministry of Railways. In 1954, he entered the full-time postgraduate course of the All-Union Institute of Legal Sciences of the Ministry of Justice of the USSR. In 1959, he defended his PhD thesis on the topic “Consequences of crime in Soviet criminal law” (under the scientific supervision of a well-known scientist in the field of criminal and correctional labor law, ScD (Law), Professor B. S. Utevskiy). After the defense, he worked for some time as a legal adviser, and in 1962–1965 as a scientific Secretary of the Research Institute of Technology and Chemistry. In 1965 he joined the All-Union Scientific-Research Institute of public order protection at the Ministry of public order of the RSFSR, which later was reorganized into All-Union Scientific Research Institute of the MIA of the USSR (all-Russian Research Institute of the MIA of Russia), where he worked the rest of his life. Since the end of the 60s (with the participation and also under the leadership of A. S. Mikhlin) for 30 years (in 1970, 1975, 1979, 1989, 1994, 1999) the work to prepare and conduct special censuses of convicts was carried out. A huge amount of unique information was obtained on persons sentenced to various punishments, as well as on suspects and accused for committing crimes in custody. Based on the materials of a special census in the late 60s, A. S. Mikhlin began working on his ScD thesis, which was defended in 1974 on the topic “The Identity of convicts sentenced to imprisonment and the problems of their correction and re-education”. After 1997 A. S. Mikhlin became involved in interpretation and explanation of newly adopted legal acts. Under his scientific supervision and direct participation, scientific and practical comments of the Criminal Code of the Russian Federation, the Penal Code of the Russian Federation, the Federal law on detention of suspects and accused for committing crimes, and the Criminal Procedure Code of the Russian Federation were prepared and published. Thematic judicial collections of current decisions of the Plenums of the Supreme Courts of the USSR, the RSFSR, and the Russian Federation, as well as textbooks on criminal law, penal law, and criminal procedure, were very popular. Three editions of the monograph on the death penalty were also published (in Moscow in 1997 and 2000, and in London in 1999, in English). In total, Professor A. S. Mikhlin published more than 550 scientific papers, more than 1000 printed pages, including more than 100 monographs, textbooks, commentaries, manuals on criminal and correctional labor (penal) law in various publications in Russia, the former Soviet Union Republics, as well as in the United States, Great Britain, Canada, Belgium, Romania, Czechoslovakia, Hungary, Germany, and Bulgaria.

The authors analyze the opinions of scholars about the correlations between the categories «corpus delicti» and «subject of proof». The main object of their criticism is the idea, supported by some scholars, that the elements of corpus delicti equal the circumstances to be proven that are included in the key fact. The authors use the logical criterion to demonstrate that this claim is unsubstantiated. The circumstances stated in Clauses 1 and 2, Part 1, Art. 73 of the Criminal Procedure Code of the Russian Federation characterize the key features of corpus delicti only conditionally. In this connection, the key fact is the aggregate of factual circumstances that constitutes the basis of corpus delicti. In the logical aspect, the qualification of a crime is a syllogistic inference, according to which, if the essential features of the action under investigation coincide with the features of the concept of a specific crime as described in criminal law, then this crime becomes the concept of this action. According to the authors, from this standpoint it is possible to discuss not the equivalence of circumstances to be proven and corpus delicti, but only the equivalence of their essential features as determined by criminal law. They point out the specific character of criminal law and process terminology that also does not make it possible to equate the categories «corpus delicti» and «subject of proof». The significance of the existence of a formulated subject of proof in criminal procedure law and its interconnection with corpus delicti is demonstrated. It is concluded that proof in a criminal case is based on certain knowledge, which performs a methodological function. In this connection, the subject of proof, in the gnoseological sense, is a program of criminal procedure activities determined by the lawmaker. The norms of criminal law determined the parameters of criminal procedure proving, so the subject of proof is based on the criminal law characteristic of the action but does not equal it. The circumstances of the case, determined in the process of proving, are correlated with the norms of criminal law with the purpose of possible criminal law qualification of the action. Corpus delicti, determined in the criminal law, and the subject of proof, formulated in the criminal procedure law, ensure strict certainly and specification of the process of proving carried out by the preliminary investigation bodies and the court.

The death penalty is still a debate in society, not only in Indonesian society but also in several other countries. The pros and cons of implementing the death penalty are due to human rights issues that cannot be taken away by anyone, including the state. The death penalty in Indonesia is still applied, as stated in several statutory provisions, including Article 10 of the Criminal Code, which is still in force, the Law on Narcotics, the Law regarding the Eradication of Corruption Crimes, the Law on Terrorism Crimes, and several other regulatory provisions. The use of the death penalty as the main sanction in criminal law in Indonesia has given rise to legal polemics. This is because the Dutch WvS (Wet Book Van Strafrech), which was implemented in Indonesia in January 1918, was then inherited as the source of the Criminal Code that is currently in force. The contradictions in the application of the death penalty will be viewed from two perspectives, namely the perspective of Islamic criminal law (jinayah) and the reform of Indonesian criminal law. The purpose of the death penalty in Islamic criminal law is to protect religion, soul, mind, lineage, and property. In line with this, in the reform of the Indonesian criminal law, better known as the national criminal law, the death penalty is still one of several punishments applied to perpetrators of crimes.

The Trynkiewicz case and legislation on the supervision of dangerous offenders in connection with considerations on capital punishmentThe overall objective of this article is to present issues related to capital punishment. The paper presents selected international legal instruments on this issue. Thearticle focuses on historic Polish legislation concerning jurisdiction and the use of capital punishment. The subject of capital punishment in criminal law has long been acontentious issue. Capital punishment, its effectiveness, its reliability vis-à-vis rehabilitation and its substitution by another penalty, is analysed herein. In Poland, capital punishment has not been applied since 1988. The last death sentence was carried out in 1979, capital punishment having been removed by the legislature from the Criminal Code in 1997. When considering this issue, it is worthwhile to refer to some statistical data: 1 96 countries have abolished capital punishment in respect of all crimes; 2 9 countries have abolished capital punishment for all crimes, with the exception of offences committed in time of war; 3 34 countries have expunged capital punishment from their penal codes or have ceased to apply it, in practice, within the last decade; 4 139 states have either not included capital punishment in their regulations or have not used capital punishment; 5 58 countries still maintain capital punishment in their legislation; 6 in China, capital punishment may be imposed for 55 types of crime; 7 in 2010, at least 17,833 people were living under sentence of death.

The online criminal trial discourse has become a hot discussion topic by criminal law practitioners, especially regarding the obscenity case in Petamburan that involved the suspect, HRS. HRS himself and his lawyer refused to hold the online trial for being contrary to the Criminal Procedure Code (KUHAP) although there is a Memorandum of Understanding between the Supreme Court, Attorney General's Office, Police, and the Directorate General (Ditjen) of Corrections regarding the Implementation of Criminal Trial Proceedings via video conferencing as efforts to prevent the spread of Covid-19 on April 13, 2020. This study aims to provide an answer that Islamic criminal procedural law can accommodate models of virtual criminal case resolution because it considers emergency situations. Moreover, the reason for the emergency has to do with humanity. The data used as materials for data analysis was library research which were taken from fiqh books, written documents, laws and other regulations. The results show that Islamic criminal law can consider its feasibility. Keywords: Virtual criminal court – Islamic criminal

The online criminal trial discourse has become a hot discussion topic by criminal law practitioners, especially regarding the obscenity case in Petamburan that involved the suspect, HRS. HRS himself and his lawyer refused to hold the online trial for being contrary to the Criminal Procedure Code (KUHAP) although there is a Memorandum of Understanding between the Supreme Court, Attorney General's Office, Police, and the Directorate General (Ditjen) of Corrections regarding the Implementation of Criminal Trial Proceedings via video conferencing as efforts to prevent the spread of Covid-19 on April 13, 2020. This study aims to provide an answer that Islamic criminal procedural law can accommodate models of virtual criminal case resolution because it considers emergency situations. Moreover, the reason for the emergency has to do with humanity. The data used as materials for data analysis was library research which were taken from fiqh books, written documents, laws and other regulations. The results show that Islamic criminal law can consider its feasibility.Keywords: Virtual criminal court – Islamic criminal

Logically, it would seem that capital juries must be at least as fair, im partial, and representative as juries that sit in ordinary criminal prose cutions. But there is much evidence to suggest that this is not the case. In Witherspoon v. Illinois, the Supreme Court examined the process of "death qualification" used to impanel capital juries. The Court approved the exclusion of prospective jurors whose opposition to the death penalty would make it impossible for them to decide upon guilt fairly and im partially, but left open the question of whether the exclusion of others who would not consider imposing the death penalty under any circum stances violated the defendant's constitutional rights.Since Witherspoon, death qualification has been extensively studied. It has been found to affect both the composition of the jury panel that re sults and, through the process itself, jurors who are exposed to the pro cedure. The exclusion of characteristics or attitudes linked with opposi tion to the death penalty h...

Perhaps, the least understood area of macroeconomics is the exchange rate determination. The fluctuations and trends of the major currencies - US dollar, Deutsche Mark, pound sterling and yen - experienced in the last 15 years, and since January 1999 by the euro, are hardly compatible with the main exchange rate theories. A particular determinant, say, short-term interest differentials, yield differentials, relative current account balances, money supply differentials or relative prices of goods, is generally failing to explain systematic movements in the key currencies. This failure is exemplified in models with time-varying coefficients, where a particular determinant is totally unstable. Its influence over time changes from being extremely important, compatible with the underlying theory (correct sign), to unimportant over another period and even with the wrong sign over previous periods. The general verdict among theoreticians and practitioners is that we do not know what drives currencies.

Sexual crime case against children’s in Indonesia are increasing rapidly from time to time. The more tragic fact is that most of the suspect origins from their own kin or around the neighborhood, such as family, school officer, and their playmates sphere. According to Indonesian Child Protection Commision (KPAI), there are 2,275 cases occurred on 2011, 887 amongs them are sexual crime case with violent against children. The protection law towards children vastly consist of criminal law aspect, legal law aspect, material-formal law aspect, state administration law aspect, and of course, the legal law aspect. Sexual abuse against children are criminal case which has been coded in criminal law in Indonesia and also viewed theoritically from Islamic criminal law. Therefore, this Thesis is researching about how are the criminal sex cases againts children viewed from criminal law in Indonesia and Islamic criminal law aspect? And also how is the analysis of Law No. 35/ 2014 (Undang-Undang Nomor 35 Tahun 2014) concerning chemichal castration sanction viewed from Islamic Criminal Law? This research categorized as normative law research which pointing to laws and criminal law principal in Indonesia and also Islamic criminal law. This research using comparative-analysis-descriptive method which describe systematically the fact about cases by comparing the research description. This research compare the Indonesian criminal laws principal and Islamic criminal law principal, criminal law formula and Islamic criminal law formula, and also the rules about the chemichal castration sanction to the convicted sex crime againts children in Indonesian criminal law and Islamic criminal law. This research also analize the law no. 33/2014 concerning the sanction specially on the implementation of the law in society. Exclusive study on the Islamic criminal law theory concerning the goverment step on applying the rule, are also executed. There are two points earn from this reearch; the first one is sex crime against children is special crime case. The sanction of the violation arranged in the law no.35/2014 about child protection. In Islamic criminal law (fiqh jinayah) the chemichal castration sanction againts children is in form of jarimah ta’zir. Secondly, in the law no. 35/ 2014 about child protection consist the criminal law aspect, the urgent application about the law is the penal policy which include the protection for the child as the sex crime victim, law enforcement, and justice. The solution for the victim by using Restorative Justice concern measure and the effect againts children as the sexual crime victim. In non penal policy by the role of the parents, family, society, goverment, and the country, on their obligation to protect the child. Chemichal castration sanction studied in Islamic criminal law to give contribution needed by Islamic Law and inline with the principal of Islamic criminal law, especially to preserve the heredity (hifzu- nasli).