Concept Of Criminal Responsibility Research Articles

The Concept of Criminal Responsibility in Islamic Criminal Law

The Concept of Criminal Responsibility in Islamic Criminal Law

“The concept of criminal responsibility in North Macedonian media law in the perspective of freedom of the press and media”

“The concept of criminal responsibility in North Macedonian media law in the perspective of freedom of the press and media”

FORENSIC MENTAL HEALTH IN EUROPE: SHARED LEGAL HERITAGE AND CONTEMPORARY LANDSCAPE

This paper provides an overview of some of the key features of forensic mental health systems around Europe. Forensic mental health systems share in common the aim to assist in the rehabilitation of people diagnosed with a mental disorder and reduce reoffending or risk of harm. How these aims are pursued varies across the continent. We suggest that best practices can be learnt from observing different countries’ approaches. This paper has six foci: legal traditions in Europe, the concept of criminal responsibility, patient pathways through forensic systems, epidemiological studies of forensic patients, training programmes in forensic mental health, and recent developments in the field across Europe. Readers should reflect on these topics in the context of their own country and how these diverge/converge from the countries described in this paper.

Меры уголовно-правового характера за совершение неправомерных непреступных уголовно-правовых деяний

The article raises the problem of the absence in the doctrine of criminal law of a single understanding of what are criminal measures applied for the Commission of illegal non-criminal criminal acts. Objectives of the study: 1) determine the scope of the concept «other measures of criminally-legal character»; 2) to characterize measures of criminal law imposed for unlawful non-criminal criminal-legal acts; 3) examine the correlation of criminal responsibility and other measures of criminal-legal character; 4) classify the measures of criminal law imposed for unlawful non-criminal criminal-legal acts. Methods: formal-legal, comparative analysis method. The following conclusions are made: 1. Illegal non-criminal criminal law acts, characterized by public danger, as legal facts entail the emergence of protective criminal relations. Other measures of a criminal legal nature applied on the basis of these acts are carried out outside the framework of criminal responsibility, respectively, they are not forms of its implementation. 2. Illegal non-criminal criminal-legal acts that are not socially dangerous, as legal facts affect the dynamics of existing criminal-legal relations that arose as a result of the Commission of crimes. Other measures of a criminal-legal nature applied on the basis of the specified acts are carried out within the framework of criminal responsibility, are forms of its implementation. 3. The concepts of criminal responsibility and criminal law measures do not coincide in terms of content. The concept of criminal law measures is broader in terms of the concept of criminal responsibility, since its content includes criminal responsibility with its forms, which are measures of a criminal law nature, as well as other criminal law measures imposed for the Commission of illegal non-criminal criminal law acts characterized by public danger. 4. Measures of a criminal-legal nature are classified on the basis of two interrelated criteria: 1) whether they relate to the forms of criminal responsibility; 2) what is the degree of public danger of an illegal criminallegal act is the basis for their application.

الإكراه والسكر من موانع المسؤولية الجنائية = Coercion and Drinking Wine from Contraindicated Criminal Responsibility

Abstract. Criminal responsibility in Islamic law meaning that man shall bear the Forbidden business that comes its way, choosing the outcome, which is aware of their meanings and their results, and therefore it actually came taboo which the aversive or unconscious, do not be criminally responsible for doing, and actually came taboo it is insensible meaning childlike and insane it is also It is not responsible for him And realize that the criminal responsibility in Islamic law is based on three pillars: First, come up because of Muharram. Second: to be selected actor. Third, be aware the actor. Therefore, this study concerned the fact that coercion and drinking wine from contraindicated criminal responsibility, through a statement the concept of criminal responsibility, the concept of contraindicated criminal responsibility, and Othercherb wine for criminal liability, and the impact of coercion on the criminal responsibility, tracking the views of scholars on this issue and stand on their opinions and their evidence, and weighting them.

Criminal Responsibility of Children in International Law: A Historical Background

Criminal responsibility is a global challenge in children's rights and it is more important than other legal issues in criminal subjects because of its essential role in children's life. The concept of the criminal responsibility has evolved over history and has been interpreted in various ways with the absence of a precise definition by different worldviews. Historical perspective requires putting aside belief systems and exploring the convergence of views from various systems. This paper discovers historical background of criminal responsibility from different schools in international law. The paper concentrates on the religious, social and cultural structures of the international society to explain the traditional concept of criminal responsibility. This paper demonstrates exist of different definitions of criminal responsibility in international law before and after 18th century. At the end in the conclusion this article discusses the history of the criminal responsibility as an indication of the growing exertion of the rights of the child in international law.

Inpatient forensic-psychiatric care: Legal frameworks and service provision in three European countries

Laws governing the detention and treatment of mentally disordered offenders (MDOs) vary widely across Europe, yet little information is available about the features of these laws and their comparative advantages and disadvantages. The purpose of this article is to compare the legal framework governing detention in forensic psychiatric care in three European countries with long-established services for MDOs, England, Germany and the Netherlands. A literature review was conducted alongside consultation with experts from each country. We found that the three countries differ in several areas, including criteria for admission, review of detention, discharge process, the concept of criminal responsibility, service provision and treatment philosophy. Our findings suggest a profound difference in how each country relates to MDOs, with each approach contributing to different pathways and potentially different outcomes for the individual. Hopefully making these comparisons will stimulate debate and knowledge exchange on an international level to aid future research and the development of best practice in managing this population.

Pluralism in Theories of Liability: Joint Criminal Enterprise versus Joint Perpetration

This paper scrutinizes the alleged pluralism between JCE and joint perpetration. It illustrates that the ICC and the ICTY in practice establish criminal responsibility under JCE and joint perpetration based on the participants’ cooperation in, and informed contribution to, a (criminal) organization involved in the commission of international crimes. This makes the alleged pluralism between these theories of liability nominal rather than actual. Instead of stressing the differences between JCE and joint perpetration, it is therefore more productive to focus on the similarities. The paper accordingly draws an analogy with domestic theories of criminal responsibility for (co-)perpetration and participation in a criminal organization. It argues that the ICTY and ICC should recognize the kinship between these domestic theories of liability, on the one hand, and JCE and joint perpetration, on the other hand. This can lead to a concept of criminal responsibility for international crimes that is better confined and more intellectually honest.

Judging International Criminal Justice in the Occupied Territories

Analysing the philosophy of criminal justice and international criminal jurisdiction is indeed very complex. At a minimum, one has to be familiar with both common law and civil law systems. Examining the Gaza Strip situation is also simultaneously a very sophisticated task. It needs, to some extent, an understanding, not only of natural and positive law, but also of many principles and cultural heritages of, at least, two ethnic groups, the Palestinians, and the Jews. It is not certainly a question of religious theories, but the potentiality of rightful co-existence. It also requires understanding why these very two old groups have been, since the creation of Israel, constantly suffering from serious armed conflicts. The Gaza crimes are some of the most recent recognized crimes committed against the population of occupied territories. The intention of this article is to re-examine the historical creation of the State of Israel, the influence of the politicians of the United Kingdom in its creation, the murder of European Jews and the killing of physical and psychological integrity of Palestinians under the authority of Israeli governments. The article deals with some of the most significant norms of international criminal law and human rights law that ought to be respected in national or international conflicts regardless of the target of attack. It deals with the concept of criminal responsibility of individuals under the law of international criminal courts.

Criminal Responsibility from a Clinical Perspective

What if the rule-breaking behaviors in which an individual (allegedly) engaged which brought him/her to the attention of law enforcement authorities were something which the individual simply had to do, or not do, and could not resist? In other words, what if the alleged offender could not have chosen to do otherwise? This situation takes us into the realm of what the law calls criminal responsibility, which is the broad subject of this aticle. In the law, the concept of criminal responsibility is an old one. It goes back in formal codified form, as far as we know, to the Code of Hammurabi from ancient Susa in Babylonia, ca. 1792–1750 BCE. This article looks at the types of criminal responsibility used in various jurisdictions, conceptions of diminished capacity, and attempts to discern truth using functional Magnetic Resonance Imaging (fMRI) technology.

Pertanggungjawaban Pidana Dalam Prespektif Hukum Islam Dan Relevansinya Terhadap Pembaharuan Hukum Pidana Indonesia

Revamping and restructuring of national law have implications for criminal law reform in Indonesia where, in the progress of change also affects the renewal of the concept of criminal responsibility which has to accommodate the legal values that live in the community as a mandate of Chapter IV of MPR No.IV/MPR/1999 item a.2. acts as a concrete manifestation of an intention and awareness owned offender will result from the actions of known perpetrators are conditions that must exist in the criminal law in the Islamic perspective on the implications of the Criminal Code Upcoming concept also embraces the same principles that can be said that the concept of criminal responsibility in Islamic law is relevant to the law in Indonesia the upcoming renewal of the Criminal Code. Keywords: Pertanggungjawaban Pidana, Hukum Pidana, dan Hukum Islam

Criminal responsibility in the french judicial system

Abstract The concept of criminal responsibility in the French judicial system was first given formal recognition in the Napoleonic Penal Code of 1810. Since that date, it has developed and matured but in the face of increasing medical and psychiatric knowledge, it has also encountered growing difficulties in its practical application. In order to bring the notion of criminal responsibility more into line with present-day understanding of criminal behaviour, many attempts have been made in recent years to redefine this concept. It seems that a definitive formula has now been found.

Postpartum psychosis, infanticide and the law

In the past few years postpartum phychosis has been offered as a legal defense in a small number of deeply disturbing infanticide cases in several American jurisdictions. These cases have attracted a great deal of media attention, and fueled public discussion about the mental health of mothers who kill their own babies. From the perspective of the criminologist these cases present an extraordinary pattern of criminal behavior. Not merely a few isolated incidents, but a recurring pattern of the destruction of planned-for, wanted children by their own mothers with no apparent motive and under circumstances that suggest transitory postpartum phychoses. This article presents a detailed examination of specific cases aimed at exploration of the following issues: Are these women insane at the time of the act? Is their behavior the product of a diseased state of mind, or is it premeditated and willful? These issues lie at the core of the concept of criminal responsibility.

Institutionalization, Deinstitutionalization and the Adversary Process

* Chief Judge, United States Court of Appeals for the District of Columbia Circuit. I wish to express my gratitude for the assistance of Ms. Leslie Scallet and my law clerk, Peter Hoffman, in the preparation of this Article. 1. The major responsibility defense is insanity but the concept of criminal responsibility also lies behind certain kinds of mistake of law, duress, necessity and diminished responsibility. See United States v. Barker, 514 F.2d 208 (D.C. Cir., 1975) (Bazelon, C.J., concurring). The assumption of of acquitted offenders, of course, does not apply to offenders acquitted for responsibility defenses other than 2. See United States v. Alexander & Murdock, 471 F.2d 923, 960-65 (D.C. Cir.), cert. denied, 409 U.S. 1044 (1973) (Bazelon, C.J., dissenting). 3. See Katz & Goldstein, Abolish the Insanity Defense-Why Not?, 72 YALE L.J. 853, 858-70 (1963). Cf. Overholser v. O'Beirne, 302 F.2d 852, 854, 859-61 (D.C. Cir. 1961); People v. Lally, 19 N.Y.2d 27, 224 N.E.2d 87, 277 N.Y.S.2d 654 (1966); H.R. REP. No. 907, 91st Cong., 2d Sess. 74 (1970). Recently, some cases have adopted a more flexible approach to of persons acquitted by reason of insanity. See Bolton v. Harris, 395 F.2d 642 (D.C. Cir. 1968); State v. Clemons, 110 Ariz. 79, 515 P.2d 324 (1973); but see State v. Kee, 510 S.W.2d 477 (Mo. 1974). See generally Burt, Of Mad Dogs and Scientists: The Perils of the Criminal Insane, 123 U. PA. L. REV. 254 (1975) ; Note, Commitment Following Acquittal by Reason of Insanity and the Equal Protection of the Laws, 116 U. PA. L. REV. 924 (1968). Congress attempted in 1970 to overrule Bolton by passage of D.C. CODE tit. 24, ? 301 (d), (j) (1973), but doubts have been expressed as to its success. See Johnson v. Robinson, 509 F.2d 395, 399 rn18 (D.C. Cir. 1974); Note, Commitment of Persons Acquitted by Reason of Insanity: The Example of the District of Columbia, 74 COLUM. L. REV. 733 (1974). See also United States v. Wright, 511 F.2d 1311 (D.C. Cir., 1975). The two seminal works on the institutionalization movement are D. ROTHMAN, THE DISCOVERY OF THE ASYLUM (1971); E. GOFFMAN, ASYLUMS (1962). 4. This point is often made in scholarly work on the problem of civil commitment.

The Evolution of Criminal Responsibility

Professor Parker investigates the history of the concept of criminal responsibility with particular reference to homicide. The notion of criminal responsibility is traced through Anglo-Saxon and Germanic law and early English law to recent times. The observations and reports of such commentators as Coke, Hale, Hawkins, Foster and East are treated in an historical-analytical fashion. Because of the historical breadth of the article which encompasses feud and vengeance as well as modern thought on the subject, and because the subject is treated in various socio-political circumstances, valuable perspective on the concept of criminal responsi bility is offered in Professor Parker's presentation.

The Anglo-American Concept of Criminal Responsibility

The Anglo-American Concept of Criminal Responsibility

The Anglo-American Concept of Criminal Responsibility: Current Status and Future Trends

The Anglo-American Concept of Criminal Responsibility: Current Status and Future Trends

Mens Rea Reconsidered: A Plea for a Due Process Concept of Criminal Responsibility

Mens Rea Reconsidered: A Plea for a Due Process Concept of Criminal Responsibility

The concept of responsibility in psychiatric thought

Responsibility is a varied concept employed customarily and usefully in thinking in different areas of life. It may be thought of as a concept, a habit, a guide to conduct, evidence of mental health, or social maturity. There is legal, medical or psychiatric, social or ethical, religious, and personal idealistic responsibility. In this latter, one may have a responsi bility to one's self (to thine own self be true) that is greater than the responsibility to a given society, culture, or nationality. This is a respon sibility to a larger society or humanity, to a deeper self or one's con victions, a concept that merges into what ordinarily would be called religious responsibility. Legal responsibility is involved in the making of wills and in the disposition of funds. Here there may be the question of the clarity of understanding as, for example, in the confusions and memory loss with disease of the nervous system in people with old-age changes and arterio sclerosis. Psychiatric responsibilities are involved when there is frank mental disease, when the patient may be so disturbed by the excitations of fear, anger, suspicion, self-depreciation, melancholia, infections, or toxic factors, that he cannot use his customary judgment in the conduct of his affairs and behavior and so is a danger to himself and others. Then there is the concept of criminal responsibility, when the be havior may be motivated by such pathological processes as delusions or hallucinations, or is moved by such unaccustomed compulsive or unpre dictable impulses that one is said not to be responsible, not punishable, but in need of treatment as a sick person. Then the time-tried Mc Naghten Rules as to whether the person who committed a crime knew at the time the difference between right and wrong and the consequences of his actions may hold legally, but not seem appropriate psychiatrically. One sees many criminals mentally ill who knew the difference between

Psychiatric facilities in prisons and correctional institutions in the United States.

On the basis of this survey in 1954, only 43 psychiatrists were working full-time and 39 part-time in the 167 prisons and reformatories of the United States and possessions. In addition to this small group, there were 51 working in a consultant capacity. However, some of these rendered only token services to the prisons by making visits less frequently than once a month. Twenty-four states plus the Territory of Hawaii had no psychiatric facilities in their prisons, or else had no services except for occasional visits by psychiatric consultants. It is obvious that the psychiatric study of the criminal offender is still a largely neglected field. Despite the increasing recognition that many repetitive offenders are mentally ill and that criminal behavior stems from unconscious conflicts, very few criminals actually receive thorough psychiatric study or treatment. The level of care rendered to the mentally ill person in the prisons of many states is still at no higher a level than was common in the average asylum of 100 years ago. From the humanitarian standpoint alone, the level of care provided to the mentally ill in prison should be made to approximate that given in the average state hospital. There is no less a need for additional research in this field, inasmuch as the average state now has to allow as much in its budget for the care of criminal offenders as for the maintenance of its mental institutions. Settle(7) feels that the best way to better treatment for the abnormal offender is through the expansion of psychiatric services in the correctional system rather than through changing concepts of criminal responsibiilty. This is the most that can be hoped for at present, since it will certainly be some time before there is any widespread change in the concept of criminal responsibility which would permit a sizeable proportion of such offenders to be screened out in the courts and sent to hospitals for psychiatric treatment( 7, 8).