Criminal Law Concepts Research Articles

The evolution of the right to a decent standard of living and its components from the 1923 Constitution to the present

The present analysis refers to the impact produced by certain crimes against the administration of justice, as an indirect consequence, by the unconstitutionality solutions of certain norms of the criminal procedure or the finding of noncompliance with the Fundamental Law of the content of the texts of other crimes. The analysis refers particularly to aspects related to the limitation of the scope of the potential active subjects of the crime of perjury, witnesses in criminal trials, as well as the expansion of the factual field of incidence of the incrimination of concealment. The actions specific to the insult were taken from the old criminal regulation, in the material element of the crime of "Breach of the solemnity of the meeting", even if it does not represent a priority protection of human dignity as a supreme value. This takeover certifies that the Romanian legislator has learnt a part of the arguments promoted by the Constitutional Court when upholding the unconstitutionality of the repeal of insult and slander. The increased emphasis on the role of the constitutional court, by the diverse range of the adopted solutions, is a reflection of the constitutionalization concept of criminal law that opens new perspectives on the valences of the decisions made by the Constitutional Court.

Unconstitutionality indicators of elements in the structure of crimes against the administration of justice

The present analysis refers to the impact produced by certain crimes against the administration of justice, as an indirect consequence, by the unconstitutionality solutions of certain norms of the criminal procedure or the finding of noncompliance with the Fundamental Law of the content of the texts of other crimes. The analysis refers particularly to aspects related to the limitation of the scope of the potential active subjects of the crime of perjury, witnesses in criminal trials, as well as the expansion of the factual field of incidence of the incrimination of concealment. The actions specific to the insult were taken from the old criminal regulation, in the material element of the crime of "Breach of the solemnity of the meeting", even if it does not represent a priority protection of human dignity as a supreme value. This takeover certifies that the Romanian legislator has learnt a part of the arguments promoted by the Constitutional Court when upholding the unconstitutionality of the repeal of insult and slander. The increased emphasis on the role of the constitutional court, by the diverse range of the adopted solutions, is a reflection of the constitutionalization concept of criminal law that opens new perspectives on the valences of the decisions made by the Constitutional Court.

Crime: criminal law concept

Crime: criminal law concept

СУЧАСНИЙ СТАН НАУКОВОГО ДОСЛІДЖЕННЯ ТА ПЕРСПЕКТИВИ РОЗВИТКУ КРИМІНАЛЬНО-ПРАВОВОЇ БІОГРАФІСТИКИ В УКРАЇНІ

The article analyzes the current state of scientific research in criminal legal biography in Ukraine. The author defines criminal legal biography as a branch of biographical science which studies the peculiarities of formation, formation and development of fundamental criminal law doctrines, ideas, views and concepts of leading criminalists, taking into account their life biography, in particular, public, state, political, scientific and scientific-pedagogical activities. The author identifies the main areas of development of criminal law biography, in particular, writing dissertations, preparing monographic studies, compiling (organizing) editions of selected works and biographies (bibliographies) of leading criminalists. The first area in criminal law biography – conducting dissertation research on the criminal law (including criminological and criminal executive) heritage of prominent representatives of Ukrainian legal science. The second area in criminal legal biography – conducting monographic studies of the peculiarities of the formation and development of individual scientific schools in Ukrainian criminal law, criminology and criminal executive law. The third area in criminal legal biography is the compilation (arrangement) of publications (selected works, selected works, biographies (bibliographies), etc.) covering generalizations of the criminal legal (including criminological and criminal executive) heritage of certain leading representatives of Ukrainian legal science, in particular, containing both the full content and certain fragments of abstracts, articles, monographs, manuals, scientific and practical commentaries, textbooks, etc. The author outlines the prospects for the development of criminal law biography in Ukraine. Key words: biography, science, biographical method, law, research, criminal law heritage, doctrine, ideas, views, concepts, criminal law, criminology, criminal executive law.

Violence against minors: concept and types

Protecting children from violent criminal offenses that infringe on their life, health, morality and sexual inviolability is a priority national security task that unites the efforts of the family, the state and civil society. Domestic violence against minors has characteristic features related to the specifics of the mechanism of committing criminal offenses, the causes and conditions that determine it, the personality of the perpetrators, and the peculiarities of the victim’s behavior, which must be taken into account when developing special prevention measures. The analysis of legislation and specialized literature leads to the conclusion that today there is No. single approach to the definition of a number of the most important concepts related to the topic of this study. This primarily concerns the concepts of “family” and “violence”. The concept of “violence” is now widely used not only in everyday life, but is also included in the terminology of various sciences. Philosophy, psychology, criminal law, criminology, forensics and other sciences approach the problem of defining the concept of “violence” independently, without using existing definitions in related fields. The definition of violence may vary depending on the purpose of its use. This is due to the fact that violence itself has a rather “broad format”. It is a social and legal phenomenon that is not limited to the criminal law. In other words, violence can include criminal offenses, administrative offenses, as well as other forms of behavior that are not formally torts, but contradict generally accepted and approved norms of behavior, forming the prerequisites for violent crime as such. In this regard, it is necessary to clarify that in the context of this study, only the criminal law concept of violence will be used, assessed from the standpoint of criminal law as an offense and, accordingly, possessing all its features. Such a concept is necessary for a clear definition of the subject of research and its use to distinguish related issues in the process of studying empirical material.

Disparity of Sentence Determination by Judges Regarding Decisions Below the Minimum in Narcotics Crimes

This research aims to explain differences in judges' decisions regarding the imposition of sentences below the minimum in narcotics offense cases. The main focus of this research is the judge's thoughts when adjudicating narcotics cases which causes inequality in sentencing and determining appropriate sentencing criteria that the judge can take into consideration so that there is no inequality in punishment in the future. Inequality in sentencing has the meaning of giving different sentences to convicts in cases that are similar or almost similar in terms of the level of crime, whether they are carried out simultaneously or not, without justifiable reasons. This research aims to identify and analyze the basic considerations of judges in determining sentences against drug offenders, as well as identifying the factors that influence judges' decisions against perpetrators, especially those who violate Article 112 and Article 114 Paragraph 1 of Law Number 35 of 2009 concerning Narcotics. The data used in this research is secondary data in the form of judge's decisions. The analytical approach used is the case approach and criminal law concepts. The research results show that the judge considered the evidence presented in accordance with the procedures regulated in the Criminal Procedure Code in deciding the case. Factors that influence the judge's decision include legal aspects, characteristics of the perpetrator, and subjective factors of the judge concerned.

Understanding the Crime of Money Laundering in the Concept of Criminal Law in Indonesia

<em><span lang="EN-US">Nowadays, the patterns and behaviors of Money Laundering constitute efforts to conceal or disguise the origin of money or wealth resulting from criminal activities through various financial transactions, making the money or wealth appear as if it comes from legal activities. Several common or frequent actions are taken in the process of committing money laundering to "cleanse" the proceeds of crime. Firstly, the money generated from criminal activities is transformed into a form that arouses little or no suspicion through placement into the financial system using various methods. The second step involves engaging in complex, layered, and anonymous financial transactions with the aim of separating the proceeds of crime from their source into various accounts, making it difficult to trace the origin of the funds, essentially hiding or disguising the origin of the wealth resulting from criminal activities (layering). The final step is where the perpetrator reintroduces the funds that have been obscured in their origin into legitimate wealth, whether to be enjoyed directly, invested in various forms of material or financial wealth, used to finance legitimate business activities, or to fund further criminal activities (integration).</span></em>

Social Justice and Human Rights Violations in Sudan in Light of the Criminal Law

The study came under the title Social Justice and Violations of Human Rights in Sudan in the Light of the Sudanese Criminal Law (concepts - protection - obstacles and solutions), the problem of the study was to answer these questions: Why are human rights violations increasing in Sudan? Do dictatorial and military regimes have a role in human rights violations and threaten the security and stability of society? What are the human rights obstacles and proposed solutions? The study objectives are: knowing the concepts of social justice and the impact of human rights violations in Sudan on the stability of society, familiarity with the principles and provisions of the Sudanese criminal law related to the protection of human rights, as well as the contribution of the study to suggesting solutions that contribute to reducing human rights violations in Sudan. The researcher used the descriptive and analytical approach to find out the concepts of the human rights, social justice and the reasons for the violation of human rights and the provisions and principles related to the legal protection of human rights in the Sudanese criminal law. The study showed violations of human rights such as killing, violence, and illegal detention continue in Sudan to a very large extent during the transitional period, crimes and ethnic conflicts have spread alarmingly in Sudan, especially in the Darfur region, threatening local and international peace and security. One of the most important recommendations is that the State must stop human rights violations and carry out reconciliations between the conflicting tribes to achieve justice in the country, guarantee basic rights and freedoms, and implement the principle of the rule of law and respect of human rights.

Теоретическая характеристика оценочных понятий в уголовном праве

В статье рассматривается одно из средств юридической техники – оценочные понятия в уголовном праве, дается их теоретическая характеристика, делается вывод о том, что существование оценочных понятий в уголовном праве объективно и необходимо, однако наблюдается потребность в выработке универсального стандарта их законодательного закрепления и интерпретации. The article considers one of the means of legal technique – evaluative concepts in criminal law, gives their theoretical characteristics, concludes that the existence of evaluative concepts in criminal law is objective and necessary, however, there is a need to develop a universal standard for their legislative consolidation and interpretation.

УГОЛОВНО-ПРАВОВОЕ ЗНАЧЕНИЕ МЕТАВСЕЛЕННЫХ: КОЛЛИЗИИ В ПРАВЕ

The article is devoted to the analysis of global issues of the existence in law of a completely new object of criminal legal protection — metaverses. The authors consider it necessary to regulate not only the interactive space of the metaverses, but also the relationships that develop within them. A person is able to realize himself inside the digital space. The metaverse has entered social life, economics and law. They attributed metaverse technology to one of the ten technologies that affect the efficiency of business processes. According to analysts, a significant growth of the virtual economy based on digital assets is expected, and by 2027 40 % of companies will use a combination of Web3, cloud augmented reality and digital twins. And of course, this will require from digital law a comprehensive legal regulation of the metaverse technology, which is absent today as a phenomenon. There were complaints from users about the need to protect their rights in the process of using interactive content, in particular: protection of personal data, property, money, physical integrity, the ability to exercise their intellectual rights. However, before outlining the range of crimes that can be committed in completely new conditions, it is necessary to define in the concept of criminal law the need to protect this space, to regulate human activity in it.

Criminal liability for ecocide under international law

Purpose. The purpose of the article is to determine the legal nature of ecocide in the context of international law as «international crime» or «crime of international nature». Methodology includes the general scientific dialectical method, as well as other methods of scientific knowledge: functional, system-structural, and comparative methods. Results: It was concluded that there is no regulation of ecocide in international law as an international crime outside the context of an armed conflict, which excludes international legal responsibility for its commission, or a crime of international nature (transnational crime), which is due to the limited establishment of criminal responsibility for ecocide in the national legislation of many states. It has been established that ecocide can potentially be recognized as an international crime stricto sensu if the adoption of relevant amendments to the Statute of the International Criminal Court will be, and as a crime of an international nature if the adoption of a multilateral international treaty as universal legal standard will be. It was determined that a separate political and legal instrument of influence on national legislation is the establishment of standards of responsibility for environmental criminal offenses, including ecocide, within the framework of membership in international organizations (Council of Europe) and economic and political unions (EU). It was established that until now the development of the concept of ecocide in international law as an act characterized by signs of "seriousness", "long-term" and "wide-spread" damage to the natural environment is at the stage of development. Originality. The legal nature of ecocide in the context of its belonging to an international crime / a crime of an international character as concepts of international criminal law is studied. Practical significance. The results of the study can be used in educational, law-making and law-enforcement activities in the course of developing the state criminal law policy.

범죄피해자의 트라우마에 대한 법적 지평과 쟁점

In psychiatry, trauma is the psychological harm caused by directly experiencing life-threatening, serious injury, or sexual violence; witnessing such events happen to others or learning that they have happened to a family member, close relative, or close friend; and being repeatedly or excessively exposed to the aversive details of the events. Trauma goes beyond everyday stress and can cause major disruptions in an individual's life, so it is necessary to have a criminal policy approach that punishes criminals and rescues victims of crime. Thus, this study examines the understanding of trauma in psychiatry and reviews the laws related to the mental harm of crime victims in Korea and abroad to provide a basis for identifying the need to consider the mental harm of crime victims in criminal proceedings.We first examine the applicability of the criminal law concept of injury to trauma as a substantive legal approach. Then, specific issues will be introduced step by step, including procedural law approaches, especially systems to prevent secondary victimization of crime victims and support their psychological stability, such as the departure of the accused, witness testimony through relay devices and shielded facilities, the presence of trusted persons, recording and preservation of video, the system of witness assistants, the system of witness support units, the system of non-disclosure of hearings during witness testimony, the system to limit unreasonable newspaper reports, and the system of rewriting and prohibition of disclosure of personal information.

Penerapan Restorative Justice dalam Penegakkan Hukum Pidana Anak Berdasarkan Undang-Undang Nomor 11 Tahun 2012

Children with all their definitions and definitions have different characteristics from adults, this is a starting point in viewing the rights and obligations for a child that will also affect his position before the law. In consideration of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, it is also stated that children are the trust and gift of God Almighty who has dignity and dignity as a whole person. To maintain their dignity and dignity, children are entitled to special protection, especially legal protection in the justice system. The concept and philosophy of criminal law and the juvenile criminal justice system that provides balanced protection of the rights and interests of perpetrators and victims of criminal acts, society and the state, is currently known as restorative justice as a judicial concept that produces restorative justice. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, hereinafter referred to as the Juvenile Criminal Justice System Law, when viewed from the philosophy underlying the birth of the juvenile justice law is because children have not been able to understand what they are doing and prioritize the best interests of children and in accordance with the 1990 Convention on the Rights of the Child ratified by Indonesia as a member of the United Nations (UN) through Presidential Decree Number 36 of 1990 states that Crime is a last resort because children are assets of the nation and the next generation, based on this law the government makes legal efforts to find the best way for children by issuing a regulation called Supreme Court regulation number 4 of 2014 concerning Guidelines for the implementation of diversion in the juvenile criminal justice system

The Basis of Criminal Liability under the Criminal Code of the Russian Federation

Theoretical and applied problems of criminal liability are investigated with an emphasis on the features of doctrinal interpretation and regulatory regulation of its basis. The scientific understanding of the stated problem was aimed at expanding the extensive fundamental knowledge already achieved by criminal law thought about criminal responsibility and the mechanism of its implementation. Within the framework of the research objectives, by means of a systematic, functional and logical-legal analysis of such fundamental concepts of criminal law as crime and corpus delicti, their significance for the formation of the basis of criminal responsibility is revealed. The conclusion is substantiated that the socially dangerous act provided for in Article 8 of the Criminal Code of the Russian Federation and the actual composition of the crime contained in it form an indissoluble unity of the crime as the basis of criminal liability. Based on interpretation According to the legal positions of the Constitutional Court of the Russian Federation, the practice of introducing norms into the structure of the Special Part of the Criminal Code of the Russian Federation defining the individual characteristics of the criminal’s personality, in particular, a criminal record, as a crime-forming feature of the corpus delicti, has been critically evaluated.

INTERMEDIATE LAND RIGHTS TRANSFER SYSTEM INDONESIA AND BRUNEI DARUSALAM

The certificate of land itself is a strong proof of ownership. This is regulated in Article 19 paragraph (2) letter c of the UUPA which states that land registration ends with the granting of letters of proof of rights, which apply as a strong evidentiary tool. There are differences in the legal system of the transfer of land rights between Indonesia and Brunei Darussalam in terms of utilizing the function and management of land as a basis for the welfare of the people. This study aims to analyze and form the concept of criminal law on land. Through normative legal research or literature law research using a juridical approach using the theory of legal objectives in analyzing problems. The results of the study that the Indonesian legal system has undergone a number of major changes to build an integrated national legal system, which is based on Pancasila and the 1945 Constitution and the legal system in Brunei Darussalam based on the British huku system with a combination of the Shari'a system for Muslims. That the transfer of land rights in the legal system in Indonesia which is regulated in Article 26 of UUPA Number 5 of 1960 and Brunei Darussalam grants property rights status to foreign nationals based on Brunei Darussalam Land Code Cap. 40 and Land Cap. 41 of 1984

The Evolution of the Institution of Error in the Criminal Law of Russia

Relevance. An analysis of the legal literature shows that when defining an error in criminal law, lawyers use different conceptual categories, which confuses the understanding and qualification of a legal or factual error. In this connection, the article considers the genesis of the institution of error in the criminal law of Russia, in particular, the classical approach to understanding, defining and systematizing errors, fixing the position that the only basis for criminal liability is the commission of an act that contains signs of all elements of a crime. In the article, the problem of an error in the current criminal law of the Russian Federation is revealed from the standpoint of the need to establish the internal attitude of the subject both to actions (inaction) and to the consequences in real life, to each legally significant objective sign of a particular act.The purpose of the study is to analyze the improvement of the institution of error in the criminal law of the Russian Federation.Objectives: to analyze the special historical and modern literature on the genesis of errors in domestic criminal law and, based on the current law, the achievements of the domestic science of criminal law, to summarize the experience of defining and logic-linguistic concepts of criminal law error.Methodology. The research was based on the application of philosophical methods for studying the categories that make up the concept of a criminal law error, as well as on general scientific methods: system-structural, analysis and synthesis; specific legal, comparative legal analysis of documents, content analysis of texts, etc.The results of the study are distinguished by the theoretical and applied orientation of the genesis of the institution of error in domestic criminal law and the identification of the most complete characteristics of the concept of criminal law error. Conclusion. Based on the results of the study, it is stated that the modern understanding of the institution of error takes into account historical approaches to the considered phenomenon in Russian criminal law, is based on them and corresponds to the criminal policy of the Russian Federation.

INTERNATIONAL CRIMINAL LAW AND INTERNATIONAL CRIMINAL JUSTICE OBJECTIVES AND PURPOSE OF PUNISHMENT IN INTERNATIONAL CRIMINAL LAW THEORY AND PRACTICE

Insufficient development of International Criminal Law, as well as its development under the influence of different legal systems, brought forth the lack of clear definitions of certain criminal law concepts and institutes. When considering the goals of International Criminal Law in theory they are often confused with the goals of International Criminal Justice, but also with the purpose of punishment in International Criminal Law. In that sense, the aim of the paper is, first of all, to analyse theoretical understandings of the goals of International Criminal Law and Justice, as well as their definition in the acts within the field of International Criminal Law, in order to provide for the possible manner of defining and delimiting these terms. Further, the aim of the paper is to distinguish from these terms the purpose of punishment in International Criminal Law.

Legal Review of Justice Collaborator in The Concept of Criminal Law

The existence of a justice collaborator is very important to uncover organized crime cases. However, in terms of its regulation regarding certain aspects of a person, it does not reflect legal certainty. In this regard, the purpose of this study is to analyze the determination of a person's legal status as a justice collaborator and the role of the LPSK in protecting justice collaborators. This research uses normative legal research, namely research on secondary data in the form of primary, secondary, and tertiary legal materials. These legal materials are collected using literature studies, then processed and analyzed in a qualitative descriptive manner. The results showed that the determination of the legal status of the justice collaborator at the time of investigation and definitively carried out by the judge at the court hearing. Then the role of the LPSK in protecting justice collaborators from the fulfilment of the requirements until the process of handling criminal cases has permanent legal force.

Using the Concept of Genocide as a Tool for Resistance: Legal Pluralities in Civic Action Against Son Preference in Tirupati, India

In this paper based on original fieldwork, I seek to contribute to our understanding of the concept of genocide by examining how civil society actors draw from some aspects of it when seeking to bring about social change in relation to son preference primarily in Tirupati, India. Drawing from Nordic “critical” legal scholarship, I argue that the turn to the international criminal law concept of genocide could be theorized as a case of legal pluralism. Based on empirical material, I posit that even so to say formally “wrong” uses of legal concepts appear to be politically powerful. I suggest that the use of the international legal order in Tirupati’s civil society could be seen as an emancipatory strategy that follows an “instrumental” interpretation of international law. I conclude by arguing that the empirical material implies that we may need to rethink some of the underlying assumptions of the concept of genocide by highlighting its potential of serving as a tool for resistance for actors in civil society.

On the Issue of Evaluative Concepts in Criminal Law

Cruelty as a legal concept has legal significance in the context of several topics of criminal law (both General and Special parts). Autonomous and asystemic tendencies have formed in the law, in law enforcement, in doctrine in defining and disclosing the content of this single concept; there is not only terminological dissonance, but even methodological inconsistency in the interpretation and understanding of this term. Based on the systematic application of knowledge from philosophy, psychology, psychiatry, biochemistry, a comprehensive definition of the concept of cruelty is offered to the attention of readers.