Punishment Of Crime Research Articles

SURVEY, RESEARCH AND CRITICISM OF THE IMPLEMENTATION OF ISLAMIC LAWS IN ISLAMIC REPUBLIC OF PAKISTAN

Allah Almighty has created the heavens and the earth with truth. The system established by Allah Almighty is a purposeful and wise system. There is a difference between good and evil in morals and good and evil in deeds. It demands that the oppressors be punished for their oppression and that the oppressed be treated fairs For full justice and full retribution, after this world, the court of Allah Almighty will be established in the other world and everyone will be fully rewarded for his deeds.“But even in this world, the law of retribution and punishment has been laid down to maintain the system of this world. And the aim of Islam is to establish a system of collective justice which, as a balanced combination of human freedom, brotherhood and equality, becomes a comprehensive and perfect manifestation of the mercy and Lordship of its Creator and Lord. Therefore, Islam has enacted the law of retribution and punishment in the world with the belief in the reward and punishment of the Hereafter, so that a balanced system of justice and fairness can be maintained in the world as well.” Penalties for crimes under this system are proposed on the grounds that the Islamic State will deal with all incentives for crime, and if anyone breaks the law after that, it means that he is corrupt. Islamic criminal law cannot be called immoral or inhumane in any way because Islam wants to eradicate the root of crime and it also imposes punishment through government and state when crime and itsAll avenues of persuasion should be closed. Although Islamic laws are reasonable in their place, their implementation is for a purely Islamic society. The greatest sign of Islamic tolerance is that it has sealed human equality by making piety and abstinence the only criterion of honor and dignity.

LEGAL PROTECTIONS FOR THEFT CRIMES COMMITTED AT NIGHT

Theft is undoubtedly one of the natural crimes for which the criminal code of no state excludes criminal prosecution. Furthermore, theft is punishable not only in the modern era but also under all the laws of the past, making it a criminal offense everywhere and at all times. This article aims to provide the legal standards related to the night circumstances and their court implementation by defining this term, its effect, cause, nature, and technique for proving it. The circumstances that impact the punishment for theft crime committed at night and its severity have been stated in article 400 of the Penal Code, where the night is generally considered a circumstance provided by the legislator to apply the clause and provisions. Additionally, according to Article 402 of the Penal Code, the night is a factor that increases the severity of the sentence for robbery in a public space.

촉법소년 연령 하향으로 인한 문제점에 대한 대응방안

The Ministry of Justice is pushing for a revision of the Criminal Law and Juvenile Law to lower the age of criminal minors from under 14 to under 13 to deal with 70 percent of criminal minors who have been protected due to intelligence, brutality, increased crime, and abuse of punishment.
 Academia is at odds with lowering the age of criminal minors, and lawyers' groups for a democratic society, the National Human Rights Commission of Korea, and the National Assembly Legislative Investigation Office are opposed. However, according to a survey of 3,506 adult men and women conducted by Media Real Research Korea in June 2022, 80.2% agreed. As such, most people express their approval for lowering the age of criminal minors.
 If the age of criminal minors is forced to be lowered at the request of the majority of the people, it should be implemented in a way to minimize the stigma damage caused by punishment. The stigma caused by criminal punishment makes it difficult to adapt to society, making it impossible to live a normal social life, making it impossible to break the vicious circle of crime and leading to recidivism.
 The ways to minimize stigma damage due to punishment are to postpone criminal records, exclude arrest investigations, suspend middle school graduation conditions, and implement vacation detention systems to prevent infringement of learning rights, and establish a third correctional facility to prevent recidivism.

ŠVEDIJOS SPECIFIKA IR POLITINĖ PADĖTIS 2018 M. BEI 2022 M. RIKSDAGO RINKIMŲ LAIKOTARPIU

The Swedish Social Democratic Party has held power in Sweden most years for a whole century. For many years, it held it in coalition with other left-wing parties, proposing the general course of democratic functional socialist ideology, regular measures to strengthen the welfare state, a benevolent immigration policy, and a peaceful foreign policy, by mediating between west and east, and also north and south. Social Democrat activities were often carried out clearly and with predictability, with great hopes of counteracting future economic, social, political and cultural challenges. When too many of these challenges appeared in public and foreign policy, the ‘social democratic arsenal’ vanished, and less preventive measures appeared to counteract the cataclysms. The radical Sweden Democrats Party rushed into the political arena, and became the third party after the 2018 Riksdag election, and the second party after the 2022 Riksdag election. The Sweden Democrats proposed not only widening and deepening the welfare state’s programmes, and strengthening punishments for crime, but also a strict anti-immigration policy, primarily a racist anti-immigration policy towards newcomers from the Middle East and Africa. Other right-wing parties viewed the programme and the activities of the Sweden Democrats with reservation, but they had to form a coalition with four right-wing parties in order to win the Riksdag elections. After a right-wing victory in the 2022 election, Ulf Kristersson, the leader of the Moderates, attained the right to form a government on behalf of a coalition between the Moderates, the Sweden Democrats, the Christian Democrats and the Liberals. The political situation in Sweden before and after the 2018 and 2022 Riksdag elections is presented in the article, together with the political crisis between these two elections, as well as the results of the 2018 and 2022 elections. In the article, the author uses the descriptive analytical method, together with synthesis and some evaluations of the Riksdag elections.

Punishment for war crimes of the Chernihiv Security Police and SD Battalion (based on archival and criminal cases)

Punishment for war crimes of the Chernihiv Security Police and SD Battalion (based on archival and criminal cases)

Deterioration of the deterrence function against the information criminal

Summary The characteristics of cybercriminal are throwing their repercussions on the function of public deterrence and private deterrence in light of the traditional criminal methods established to treat with classical crimes. In an attempt to overcome these repercussions, it is necessary to diversify the penalties for crimes that occur in the digital environment and to move towards alternative penalties that have been proven effective in reforming and rehabilitating offenders, such as the punishment of community service or wearing an electronic bracelet applied in some countries and other modern methods. As well as working to intensify efforts to spread cyber-ethics starting from the childhood stage by adding cyber-ethics to educational curricula to avoid all forms of computer related crimes; As Teaching computer and internet ethics is an essential step in combating crime. Keywords: Cybercriminal, Public deterrence, Private deterrence, Deterrence obstacles, Rehabilitation

아바타 성범죄 대응방안에 관한 연구

Meta’s generation has many net functions as it is utilized in various areas. On the other hand, dysfunctions such as character sex crimes (hereinafter referred to as avatar sex crimes) occur within the metaverse platform. Avatar is a virtual character that does not exist in reality and operates in a virtual space. By using these avatars to commit sex crimes against the other avatar, the user is suffering from indirect damage but severe mental shock. However, Avatar sex crimes are a flaw in punishment regulations, and criminals are given indulgence by not being punished. As a way to this end, the purpose of the study is to suggest a method of systematically solving within metaverse and a method of solving through enactment of laws. The research method is to identify avatar sex crimes cases on the metaverse platform based on the Internet and domestic and foreign research data, examine related punishment regulations when such crimes occur, and find out if there are legal deficiencies. And it is to examine foreign cases and suggest countermeasures to see if a system that prevents avatar sex crimes from occurring at the source is possible. As a result of the study, scholars are at odds with each other over the punishment of avatars sex crimes. However, for users, avatars are no different from their alter ego. If such an avatar is sexually assaulted by another avatar, the user feels the same form of mental pain as being directly damaged. Therefore, separate punishment provision are in the Act on Promotion of Communication Use Information Protection(hereinafter referred to as the Information and Communication Network Act), and a method to prevent avatars from accessing other avatars at a certain distance is needed. In conclusion, metaverse can be used in various areas such as the elderly, clothing sales, work, leisure activities, and interactions in the future. To this end, metaverse operators, academia, and the government should work together to find ways to respond to crimes among the adverse functions that occur in metaverse. Since the method cannot be punished by existing laws for avatar sex crimes, separate punishment regulations should be prepared, and metaverse platform operators should devise ways to fundamentally block crimes.

The Guarantee Mechanism of China's Environmental Protection Strategy from the Perspective of Global Environmental Governance-Focusing on the Punishment of Environmental Pollution Crime in China.

Effective global environmental governance is the only viable way to solve the human environmental crisis. For a long time, China has been an active promoter and contributor to the global environmental governance system. In recent years, China has enhanced the penalty intensity of environmental crimes, the environmental pollution crimes in particular, and received good results in order to better realize the construction of ecological civilization and better fulfill the emission reduction targets of international environmental treaties. The deterioration of China's environmental crisis in the past and the lack of deterrent effect of China's environmental laws are closely related to the ineffective punishment of environmental crimes. In order to better promote environmental protection careers, China's environmental crimes still need to be continuously optimized in terms of adding charges, legislative models and restorative justice.

International Humanitarian Law and the Protection of Cultural Property in Contemporary Armed Conflict: Current Issues and Challenges

Cultural property can be damaged to varying degrees during armed conflicts, such as the devastating blows inflicted on cultural property during WWII. In reality, when a country is at war, its cultural property is exposed to unintended or purposeful damage. Cultural property has been protected by laws and regulations since the early twentieth century, and humanitarian law provides specific measures on the issue. This article will examine the causes of attacks on cultural property in the context of today's armed conflicts and analyze the inadequacies of the protection of cultural property in today's international humanitarian law. Despite the growing concern of the international community for cultural heritage, there is still a lack of clear procedures and penalties for crimes against cultural heritage in the context of regional armed conflicts, and the international legal system needs to be further improved.

Analysis of Ethico Legal Texts and Abdullah Saeed's Hierarchy of Values in Dealing with Ethico Legal Texts

This paper discusses ethico-legal texts and Abdullah Saeed's hierarchy of values ​​in dealing with ethico-legal texts. This paper uses an approach to the literature of the book Interpreting The Qur'an: Towards a Contemporary Approach by Abdullah Saeed. Ethico-legal texts include texts of legal orders, punishments for crimes, belief systems, worship practices, and universal values ​​(kulliyat al khams) such as the maintenance of religion, reason, soul, lineage and property. Interpreting legal-ethical texts according to Abdullah Saeed is a difficult thing because it requires consideration not only of the linguistic aspects of the text but also the socio-historical dimensions. Where the socio-historical interpretation can at the same time reveal the ethical dimensions of the text. The content is often ignored by the commentators and the legal orientation dominates over them. The text or verse is translated directly from the normative-ethical message of the verse. The legal text in the Qur'an is conveyed in detail, except for those relating to verses of worship. To help interpret the ethico-legal text, Saeed formulates what starts with a hierarchy of values ​​which includes obligatory values, fundamental values, protective values, and implementation values. implementation values) and instructional values ​​(instructional values).

Analysis of Ethico Legal Texts and Abdullah Saeed's Hierarchy of Values in Dealing with Ethico Legal Texts

This paper discusses ethico-legal texts and Abdullah Saeed's hierarchy of values ​​in dealing with ethico-legal texts. This paper uses an approach to the literature of the book Interpreting The Qur'an: Towards a Contemporary Approach by Abdullah Saeed. Ethico-legal texts include texts of legal orders, punishments for crimes, belief systems, worship practices, and universal values ​​(kulliyat al khams) such as the maintenance of religion, reason, soul, lineage and property. Interpreting legal-ethical texts according to Abdullah Saeed is a difficult thing because it requires consideration not only of the linguistic aspects of the text but also the socio-historical dimensions. Where the socio-historical interpretation can at the same time reveal the ethical dimensions of the text. The content is often ignored by the commentators and the legal orientation dominates over them. The text or verse is translated directly from the normative-ethical message of the verse. The legal text in the Qur'an is conveyed in detail, except for those relating to verses of worship. To help interpret the ethico-legal text, Saeed formulates what starts with a hierarchy of values ​​which includes obligatory values, fundamental values, protective values, and implementation values. implementation values) and instructional values ​​(instructional values).

Punishment and forgiveness of sexual crimes: A special reference to sodomy in Calvin’s theology

In 2017, the huge outpouring of articles and monographs concerning the study of the Reformation made explicitly clear how important social renewal was for the reformers. Doing so, they contributed much to resacralise the spiritual and religious dimensions of family and marital life. Nevertheless, a careful examination of Calvin’s bibliographies shows that there are a great number of articles on Calvin’s social thoughts, but the illumination of his views on sexuality and sexual crimes is still a neglected part of the research. On the basis of Calvin’s Institutes, biblical commentaries and sermons, this article intended to give a case study of his arguments concerning the punishment of sexual immorality. However, Calvin did not expound his detailed evaluation related to sodomy, but the ethical considerations of Apostle Paul (1 Cor 6:9–11) give opportunity to reconstruct his ‘moral codex’. To be sure, in his works Calvin accepted in theory that serious fornication (adultery, homosexuality) should be punished severely; still, he knew well the importance of forgiveness in practice. His pastoral calling was to preach from the hope of mercy; therefore, in the case of fornication – except for abuse, incest or paedophilia – wrongdoers could experience the grace of God.Intradisciplinary and/or interdisciplinary implications: This article is based on the field of systematic theology. The study did not want to inquiry into any direct way into modern or postmodern interpretations of homosexuality but offered an attempt to understand ‘homosexuality’ in its 16th century theological, judicial and historical context.

Аналитическая постановка проблемы свободы в контексте социально-правовой аргументации

The author addresses the problem of free will as a prerequisite for the moral, and, consequently, legal responsibility of a person as a legal entity and concentrates on its formulation in analytic philosophy. The latter proceeds from the contradiction between a person’s free will and the determinism of objective processes. The peculiarity of this formulation of the problem of free will stems from the characteristic features of analytic philosophy: its anti-historicism, anti-metaphysics, scientism, logicism, naturalism of common sense, and value neutrality. Considering the grounds on which a person can be deemed free, we come to the conclusion that these grounds are extremely problematic in the light of both competing analytic theories, i.e. compatibilism and incompatibilism. While the former, in the spirit of D. Hume, is forced to look for means to describe a person’s free actions as necessary elements in the chain of a regular sequence of events, the latter faces the problem of substantiating indeterminism, clarifying its types and the level of implementation of unconditioned processes that make the action free. The development of an analytical understanding of free will leads to the paradoxical conclusion that the latter is a condition for including an individual into the crime–punishment chain of legal determination. In other words, a person must be free to get in the zone of action of a certain type of causal dependence. The logicism of the analytical type of philosophizing makes such conclusions unacceptable, which further problematizes free will. The author comes to the conclusion that the analytical approach to the problem of free will immanently contains its denial or formalization and is, therefore, alien to the traditional socio-legal discourse based on the assumption of unshakable, a priori grounds for a legal person’s free will. In the final part of the article, the author explains why the analytical formulation is inapplicable to the problem of freedom for social philosophy of the value type, but relevant for reflective social philosophy.

HATE CRIMES: INTERNATIONAL, REGIONAL, ECONOMIC, AND NATIONAL ASPECTS

The subject of this study is the scientific and practical problems of defining the definition of "hate crime" in international, regional and domestic legal systems. General scientific, interdisciplinary and special scientific methods were used in the process of research. Thus, logical and systematic methods allowed us to select and analyze the information on the topic of research. Specific sociological method allowed to determine the social determinants of the existence of this type of crime. The formal-legal method allowed us to trace the level of institutionalization of hate crimes and formulate definitions of legal concepts and categories. The comparative legal method allowed for a comparison of international, regional and national legislation on combating intolerance and combating hate crimes. The purpose of this article is to identify the key areas for the formation of an active legal policy aimed at increasing the capacity to combat hate crimes. Analysis of experience in combating intolerance and discrimination and the development of proposals for improving domestic legislation. The main stages of the formation, development and legalization of hate crimes are highlighted. Such crimes in the modern world are considered to be the most dangerous type of criminal acts. Factors associated with the acquisition of the character of hate crime as an acute social problem since the second half of the 20th century are named. The main recommendations of modern human rights institutions regarding the fight against these crimes are considered. The most important guarantees of prevention of any human discrimination in the future, which are reflected in the international agreements on human rights and enshrined in the constitutions of modern states, are analyzed. The practice of the European Court of Human Rights in this direction is considered. The legal regulation of hate crimes in the national legislation of Ukraine is analyzed. It is emphasized that the main directions of implementation of domestic legal policy in the field of combating discrimination are carried out in accordance with the provisions of the Constitution of Ukraine, sectoral legislation and international obligations of Ukraine. Statistical data characterizing the level of hate crimes in the national legal system is presented. The characteristics of hate crimes are studied. It is emphasized that the motive itself is of key importance in establishing the corpus delicti and the correct qualification of hate crimes. It was concluded that the list of aggravating circumstances for hate crimes should be clearly defined at the national legislative level, which would avoid ambiguous interpretations of the wording contained in the articles of the Criminal Code of Ukraine providing for punishment for crimes committed on the grounds of intolerance. It was stressed that an effective response to hate crimes is necessary in order to prevent such crimes from becoming a serious public threat. In the opinion of the authors, such a problem can be solved through legal education of Ukrainian society and the formation of a culture of tolerant and respectful attitudes toward all people. It is the duty of a modern state to ensure the adoption of appropriate national legislation, the collection of statistical data, and the thorough investigation and prosecution of hate crimes.

WOMEN IN PRISION AND FUNDAMENTAL GUARANTEES FROM THE PERSPECTIVE OF THE DIGNITY OF THE HUMAN PERSON

The present work proposes to investigate the women in brazilian penitenciaries, whose structure is not adapted. An analysis will be carried out in the perspective of the principle of human dignity, the fundamental rights, analyzing whether are implemented. It will be analyzed the appearance of penitentiaries during history and how started to be used as a form of punishment for crimes. It will address the concept of gender, the discrimination of women about society, and their insertion in the context of criminality. To this end, an exploration of legislation, doctrine, articles, and official data on female incarceration was carried out.

Theater of Shame: The rise of online humiliation

Theater of ShameThe rise of online humiliation Charlie Tyson (bio) Click for larger view View full resolution On the internet, people can be selected at random and held up for the instant scorn of thousands. [End Page 122] men punish with shame," wrote the sixteenth-century poet Thomas Wyatt. It is the "greatest punishment on earth, yea! greater than death." Other forms of punishment—torture, solitary confinement—may do more to break the body and spirit. But the primitive power of shaming, and the reliability with which shame punishments are administered informally by the community as well as formally by the state, make it an especially disturbing mode of discipline. The ubiquity of shame punishments across many cultures—from the penal tattooing of [End Page 123] slaves and criminals in ancient Rome to the stocks, pillory, and cucking stool of early modern England to the practice in modern China, only recently outlawed, of roping together suspected sex workers and forcing them to march barefoot through the streets—alerts us to the likelihood that we are dealing with a human propensity that can never be banished, only contained. Shame is a consequence of many punishments. Being branded as a criminal, a deviant, or an outcast, whether with a hot iron or an orange jumpsuit, inevitably entails a humiliating loss of status. But there is a class of punishments in which shaming is the primary objective. In Shakespeare's England, for instance, the stocks and the pillory were only part of an elaborate roster of humiliations. Convicted persons, writes the historian Keith Thomas, might be branded, whipped, mutilated, carted through the streets to the sound of bells, stripped half-naked or dressed in embarrassing clothes, made to wear placards describing their offenses, or forced to ride backwards on a donkey while onlookers jeered. The feature that unites these penalties is the exhibition of the offender to the public. Shame punishments are a kind of theater in which the suffering is real and the audience is encouraged to participate. At their core is the agony of coerced display. Humiliating costumes and props or various forms of disfigurement (a shaved head, a sliced-off ear, an insignia carved into the forehead) underscore the kinship between shaming rituals and the structure of drama. Public shaming is one of humanity's most revealing categories of spectacle, a radical form of theater in which the community expresses its moral views by inflicting real injuries. In Discipline and Punish, Michel Foucault claimed that from the nineteenth century onward, punishment for crimes became more secret, less theatrical. In post-Revolutionary France, the open cart transporting convicts to the guillotines was replaced by a closed carriage. At last, the guillotine was moved inside prison walls. "Punishment," he wrote, "had gradually ceased to be a spectacle." The cruelest punishments in contemporary American society indeed occur away from public view, in prisons, detention camps, [End Page 124] and border facilities. But the public's hunger for disciplinary spectacles has not dwindled for lack of food. In the digital world that we are building together, we have given rituals of public correction a central place. An ambient culture of shame saturates the online social environment. On such platforms as Twitter or TikTok or YouTube the risk of humiliation is ever present. Some online performers have neutralized the threat of cringe through stylized self-embarrassment: comedians riff on their own narcissism; dancers engage in cartoonish slapstick, reminiscent of Buster Keaton or Charlie Chaplin (as if, on the internet, the history of cinema is replaying itself), ensuring that they pie themselves in the face before anyone else can. The rest of us, fated to play "ourselves" before an unknown and fickle audience, must improvise other defenses. Cancel culture, callouts, online harassment, mob justice, accountability: all of these terms refer to structurally similar phenomena (the targeting of the one by the many, in front of an audience), yet none offers a neutral description. What is decried as "cancel culture" is sometimes just spirited criticism; what is endorsed as "accountability" is sometimes gratuitous and cruel. Given the confusion and sophistry that mar discussion of online shaming, it is worth keeping two facts in mind. The first...

‘Upholding the Cause of Civilization’: The Australian Death Penalty in War and Colonialism

The abolition of the death penalty in Queensland in 1922 was the first in Australian jurisdictions, and the first in the British Empire. However, the legacy of the Queensland death penalty lingered in Australian colonial territories. This article considers a variety of practices in which the death penalty was addressed by Australian decision-makers during the first half of the 20th century. These include the exemption of Australian soldiers from execution in World War I, use of the death penalty in colonial Papua and the Mandate Territory of New Guinea, hanging as a weapon of war in the colonial territories, and the retrieval of the death penalty for the punishment of war crimes. In these histories, we see not only that the Queensland death penalty lived on in other contexts but also that ideological and political preferences for abolition remained vulnerable to the sway of other historical forces of war and security.

COMMUNITY-BASED AND RESTORATIVE-JUSTICE INTERVENTIONS TO REDUCE OVER-POLICING

COMMUNITY-BASED AND RESTORATIVE-JUSTICE INTERVENTIONS TO REDUCE OVER-POLICING

On the Path of Piracy Legal Regulation from the Degree of Pirate Legal Interest Infringement: The Statistical Research Method as an Approach to Intervention

The article encodes the data of piracy cases in recent ten years provided by the international maritime administration and splits the cases into nine variables: the occurrence sea area, whether the pirates boarded the vessel, the status of infringed ship, the type of vessel infringed, the registry of the infringed ship, carrying weapons by the pirates, the number of pirates, the treatment method, and the degree of infringement of legal interests, of which the first eight are independent variables and the degree of infringement of legal interests is dependent variables. It is concluded that the occurrence sea area, ship status, ship type, weapon carrying situation, and handling measures after piracy will generate significant impact on the dependent variables. In the dependent variables, there are five categories divided into potential damage offense, attempted infringement of property, accomplished infringement of property, complete violation of human health, complete violation of property, and human health, with the degree of legal interest violation increasing gradually. The Chi-square test shows that any of the independent variables will have an impact on the dependent variables. The evaluation of piracy by means of combined punishment for several crimes will fully take into account the development of piracy and the situation of the accomplished and attempted acts, so as to achieve the compatibility of crime and punishment.

FILSAFAT HUKUM PIDANA PADA ANAK DI IRAN DAN INDONESIA

Every child has human rights as well as the rights of adults, so respecting children's rights is the same as respecting human rights. This paper aims to compare the policy of imposing the death penalty on a child between Iran and Indonesia. This research is a normative legal research conducted by examining library materials or secondary data. The approach used is a comparative approach, which is to compare child protection laws between Iran and Indonesia. The regulation of criminal penalties against children in Iran is regulated in Article 91 of the Iranian Islamic Criminal Code in 2013 and in Indonesia it is regulated in Law Number 35 of 2014 concerning Child Protection and Law Number 11 of 2012 concerning the Child Criminal Justice System. The regulation of legal protection for children in Iran and in the State of Indonesia, when compared, has quite basic differences in several aspects of the provisions of criminal acts and the criminal system. In the criminal setting in Iran, it justifies the application of the death penalty for crimes committed by children under 18 years of age. In the last 7 years, almost all juvenile offenders who were executed were sentenced to death based on qisas and hudud verses. Meanwhile, in Indonesia, it does not apply the death penalty to children but prioritizes restorative justice and diversion which is intended to avoid and keep children away from the judicial process so as to avoid stigmatization of children in conflict with the law and it is hoped that children can return to the social environment naturally.