Criminal Code Provisions Research Articles

Criminal liability for violations of limits on freedom of speech in Latvia

Freedom of expression stands as a cornerstone of human rights. National and international law firmly establish the importance of freedom of expression. However, these same legal frameworks acknowledge limitations and potential legal consequences for exceeding those limitations. Provisions within criminal law serve as a clear reminder that this right is not absolute. In certain situations persons’ communication, publication and dissemination of information, incitement can pose a threat to protected interests, justifying the criminalization of such behaviour. As restrictions on freedom of expression constitute exceptions to the general principle guaranteeing free expression, analysing the reasons, criteria, and preconditions defining these limitations becomes essential. This article examines in detail the concept of freedom of expression and the admissibility of its restriction within the criminal justice system. Drawing on international and Latvian legal frameworks, it examines specific criminal code provisions that establish liability for violations. Additionally, it analyses the factors and circumstances that create a legal basis for such regulations. Keywords: freedom of expression; limits on freedom of speech; hate crimes.

행정형법의 실체법적 문제점에 관한 소고

The overuse and abuse of criminal law in what is called the Risk Society is an unfortunate trend. Over the past 40 years, administrative criminal law has expanded significantly in size and scope, encompassing the prosecution and judgment of violations of administrative law such as financial market law, tax law, building law, fair trade law, and environmental law. It is estimated that nearly 1,000 statutes contain criminal penalties, with approximately 12,500 criminal code provisions in those statutes. A more significant problem is that many of these regulations, motivated by the aim of controlling risk rather than enhancing social justice, are often too vague or obscure. This makes it challenging to punish individuals who violate criminal offences without criminal intent or even knowledge that these offenses exist.
 The Serious Accidents Punishment Act is a typical example of administrative criminal law containing numerous ambiguities, likely leading to considerable confusion during enforcement. This confusion results in many gray areas, sparking widespread debate throughout the business community. The new law, implemented on January 27, 2022, aims to penalize the owners and management of companies with 50 or more workers for failing to fulfill their duties to prevent serious accidents.
 This article examines the characteristics of administrative criminal laws and analyzes the problems associated with them, such as challenging the principle of clarity and the culpability principle required under the penal code. Moreover, it suggests that Congress should amend or repeal redundant or superfluous administrative criminal laws to avoid overcriminalization and excessive punishment. This would eliminate vague, overly broad criminal offenses, preventing arbitrary application of criminal statutes. Regarding the Serious Accidents Punishment Act, urgent action is needed to abolish or at least amend the law to clarify the obligations and offences for preventing practical serious accidents.

TINDAK PIDANA DAN BENTUK PERLINDUNGAN TERHADAP ANAK

Law enforcement against the crimes of sexual abuse and rape is fudamental in a state of law. The handling of sexual crimes against children in the Indonesian criminal law system is regulated in the Criminal Code and other provisions that specifically regulate sexual violence against children. The case of sexual abuse of 6 students committed by the head of an Islamic boarding school (ponpes) in Gunung Kencana sub-district, Lembak, Banten, is suspected of having molested and raped a number of students. In this study the author wants to examine what criminal offenses ensnare the perpetrators of the crime of sexual abuse and the forms of protection provided to child victims of criminal acts. The research used is nomative juridical research, namely through case studies through news and then linked to theories and existing laws and regulations. Criminal actions that can be imposed on MS perpetrators are Article 76D in conjunction with 81 and 76E in conjunction with 82 of the Child Protection Law with a minimum imprisonment of 5 years and a maximum of 15 years and plus one third and the form of protection provided to child victims of sexual violence crimes, namely assistance at every level of court, psychological assistance and education.

LEGAL LIABILITIES OF DOCTORS IN MEDICAL LAW PERSPECTIVE

Doctors are a noble profession that must be protected from wrongful criminalization because of their duty to save human lives. This does not mean that doctors have absolute legal immunity and cannot be prosecuted if it is proven that they violated the patient's rights. The goal of this article is to examine the doctor's legal liabilities through the perpespective of medical law. Through library research, the issues are analyzed using a normative and conceptual approach to primary and secondary legal materials. As a type of contract, the relationship between doctors and patients is governed by law. As a result, a doctor can face legal consequences under both criminal and civil law. In terms of criminal law, a doctor who fails to perform his duties and profession in accordance with procedures may be subject to a number of Criminal Code provisions, particularly if the patient dies as a result of his negligence. Furthermore, any unlawful act that harms a third party gives rise to a civil law obligation on the person who unintentionally caused the injury to make up for the harm. If an intentional or negligent act results in a damage to or disability of a limb, the victim is entitled to compensation for the costs of healing as well as compensation for losses brought on by the injury or disability

Ethiopia’s Criminal Justice System relating to Children in Conflict with the Law: Interrogating the Legal Framework on Measures and Penalties

This article critically examines the provisions of the Criminal Code governing measures and penalties relating to children in conflict with the law in light of the principles of ‘detention or imprisonment as a measure of last resort’ and ‘for the shortest period’. The assessment shows that the Ethiopian criminal justice system does not adhere to the principle of ‘detention as a measure of last resort’ since corrective detention and home arrest are measures of first resort. Imprisonment on the other hand is a measure of last resort as it applies after the failure of the measures for the most serious crimes and if the child is incorrigible. The system is not designed to ensure full compliance with the principle of ‘detention or imprisonment for the shortest appropriate period’. The article also identifies lack of clarity in the provisions of the Code which can exacerbate the preceding problems. Therefore, the Criminal Code provisions need revision to adhere to the principles and must clarify the existing provisions.

UNIVERSALIZATION OF LAW AND UNIFICATION OF UKRAINIAN CRIMINAL LEGISLATION

In the context of social processes globalization, the guidelines for the legal systems development, in particular, criminal law system, are transformed from the processes of unlimited differentiation and domestic "legal isolationism" to the trend of unification and universalization of law. The concept of reforming Ukraine criminal legislation should be focused on the new criminal legislation, which should be built on a single basis, using modern advances in legislation. This will make it possible to harmonize terminology. The appropriate approach determines the vector of the state criminal law policy, which is aimed at unification of criminal law, but doesn’t exclude the expediency of reasonable differentiation. The purpose of the article: to find out the meaning and impact of the law universalization and criminal law unification, to determine the processes of its implementation in criminal law, taking into account the analysis of the draft Criminal Code provisions. In article, the universalization of law is defined as a manifestation of legal globalization, which leads to recognition of basic legal values, universalization of legal language, legal norms and creation of universal legal means and instruments. In the criminal law doctrine the unification of criminal law is seen as a process that provides a single legal regulation of similar or overlapping social relations in relation to a criminal act. Unification is carried out by the legislator during the process of creating or improving criminal law and structural elements of criminal law. Unification of criminal law is a desirable process, as it is necessary to clearly define the content of criminal law prohibitions and boundaries of criminal law regulation; to exclude cases of misinterpretation of the same concept. Based on certain processes of universalization and unification, the impact of the processes on the content of criminal law is indicated. The implementation of substantive criminal law has the ultimate goal, which is lies in restoring of social justice. This is reflected in determination of proportionate punishment or other measures of criminal law regulation. In this regard, we believe that the effectiveness of criminal law regulation is achieved by providing a consistency of criminal law regulations and acts of criminal law application in unified body of law enforcement practice. Current trends of legal system in the context of public relations globalization and the need to overcome conflicts, reform of criminal law and the judiciary of Ukraine give a reason to believe that the universalization and unification of criminal law is justified priority in the lawmaking process.

Sex work and biopolitics: a Foucauldian analysis of Bill C-36 discourse in the Parliament of Canada

ABSTRACT This paper is a study of the discourse in the Parliament of Canada during the passage of Bill C-36. Introduced in June 2014, Bill C-36 was the Canadian government’s response to a Supreme Court of Canada decision that struck down Criminal Code provisions that prohibited certain activities associated with sex work. The Supreme Court found that the provisions unconstitutionally violated sex workers’ right to security of the person by imposing dangerous conditions on the profession. With Bill C-36, the Canadian government embraced an abolitionist approach to sex work regulation that further criminalized the practice by, among many things, making the purchase of sexual services illegal. To structure the discourse analysis, this paper relies heavily on Michel Foucault’s first volume of The History of Sexuality. Foucault posited that states use specific discursive strategies to regulate citizen’s sexual interactions to achieve biopolitical goals. This paper reveals that the discursive strategies proposed by Foucault were present in parliamentary debate over Bill C-36, and their presence provides insight into the capitalist and settler colonial objectives of Bill C-36.

PERTANGGUNGJAWABAN PIDANA DIREKTUR PERSEROAN TERBATAS DALAM TINDAK PIDANA KORUPSI PROYEK TERBATAS PEMBANGUNAN RUMAH SAKIT (STUDI PUTUSAN NO.15 /PID.SUS-TPK/2018/PN.MDN)

The existence of corporations in the Criminal Code provisions that currently apply has not clearly stipulated corporations as perpetrators of crime because only Article 59 of the Criminal Code still regulates corporate provisions. However, the provisions of regulations outside the Criminal Code have clearly regulated the existence of corporations as legal subjects such as Law Number 40 of 2007 concerning Limited Liability Companies. Corporate criminal crime in its development has been widespread in people's lives, this can be done by the management of the corporation itself. The form of corporation in its development is in the form of legal entity and non-legal entity, one of which is a legal entity is a Limited Liability Company, in Article 82 of the Company Law Director is the management of the company, the Director represents the Limited Liability Company in and out of Article 82 of the Company Law. As for the problem in this research is how the criminal responsibility of the Director of a Limited Company in a criminal act of corruption in a hospital development project (study of decision number 15 / Pid.Sus-TPK / 2018 / PN.Mdn)The legal research method used in this study is a type of normative legal research that is research used by searching or analyzing and analyzing library materials, one of which is Decision No. 15 / Pid.Sus-TPK / 2018 / PN.Mdn. Then based on the results of research on Decision No. 15 / Pid.Sus-TPK / 2018 / PN.Mdn it can be concluded that based on the deeds and errors of the Director of PT. Care Indonusa has fulfilled the element of error, criminal liability requirements and found no excuses for excuses or justifications, so that criminal liability can be requested from the Director of a Limited Liability Company. Based on the above, the judge sentenced him to 5 (five) years in prison as a form of criminal liability to the Director of PT. Care Indonusa.

Tanggung Jawab Notaris terhadap Keabsahan Tanda Tangan Para Pihak pada Perjanjian dibawah Tangan yang di Waarmerking

Prostitution cases have emerged as a phenomenon having continuously loaded with law enforcement actions in Indonesia; the modus operandi is getting developed over time. The case that is currently trending is the case of online prostitution. Although prostitution cases have been set forth in the Criminal Code and online transaction-related legal provisions can be found in the Electronic Information and Transaction Law (ITE Law), however, online prostitution cases are in fact difficult to eradicate. This is due to the condition that only the procurers or procuresses can be held liable for the acts, while sex workers (commercial sex workers) and the online prostitution service users cannot. This indicates that the prostitution-related legal arrangement needs to be reconstructed, and for that, the present study has an urgent force to be carried out to review the online prostitution regulations as well as the legal politics to eradicate prostitution, particularly regarding the criminalization of sex workers (commercial sex workers) and the online prostitution service users. This study applies a normative law research method design. The results of the study show that the Criminal Code does not regulate the conviction of commercial sex workers and online prostitution service users, so they cannot be held criminally liable for the act. If the online prostitution-related regulations outside those in the Criminal Code are examined further, sex workers and their service users can be charged with the ITE Law, but the rule is still general in nature - regulating prohibitions that violate decency. Regulations on prostitution can also be found in Regional Regulations (Perda), but not all regions have or issue the regulations on Prostitution, so their enforcement is limited to the territory. The political law that can be learned from this fact is the reform of criminal law through the synergy of the draft of Criminal Code concept through criminalization and the provision of criminal threats against commercial sex workers and the online prostitution service users so that they can be held criminally liable for (penalization).

Criminal Law Policy Against Actor Of Criminal Performance Persecution

In simple terms, it can be described that the act of persecution starts with the act of identifying, searching for and executing the perpetrators who are suspected of committing criminal acts based on the above reasons, or in other words, that persecution is an act of judgment without going through the proper process or procedure, which in criminal law called the act of vigilante (eigenrechting). The formulation of the problem presented is how is the criminal law policy towards the perpetrators of criminal acts of persecution. The method of approach in research uses normative juridical research specifications in the form of analytical descriptive. Data consists of secondary data obtained from literature or document studies. Based on the research, it can be concluded that for certain conditions, in the act of vigilantism, especially in the case of self-defense / property / honor, justification reasons can be used, because it meets the elements mentioned in the Criminal Code provisions, especially Article 49 of the Criminal Code. Unlike the case with the act of persecution, in the act of persecution there are no elements that can be used as justification and excuse for forgiveness in their actions, because when viewed from the process, the act of persecution, begins with finding,Keywords: Criminal Law Policy; Perpetrators; Criminal Acts of Execution.

Sadržina načela određenosti (lex certa) u pogledu pravne sigurnosti kod pojedinih krivičnih dela krivičnog zakonika Srbije

This paper discusses the issues related to the question of the content and application of the principle of certainty (lex certa) in criminal law. Special attention is given to the lex certa principle as envisaged in recent amendments to the Criminal Code of the Republic of Serbia, particularly regarding the specific application and problems encountered in judicial practice. In particular, the author explains individual crimes and points to some shortcomings of the legislative technique in prescribing a legal norm. In this regard, the author analyzes individual Criminal Code provisions on relevant criminal offenses. Further on, the author emphasizes the importance of proper understanding and interpretation of the existing general clauses. One of the most difficult tasks of legislative technique in criminal law is to define and prescribe the substance of a criminal offense (corpus delicti, the body of crime). The precise and specific definition of distinctive elements of crime is essential in criminal legislation. In case the legal elements of a criminal offence are broadly defined or provided in vague and imprecise terms, there is inobservance of the lex certa principle. In this context, the author elaborates on the distinctive elements of certain criminal offenses, their incrimination, as well as the objective and subjective features of the specific crime, which may give rise to different interpretations and activities in criminal proceedings, ultimately resulting in the inobservance of the lex certa principle. First, the author analyzes the recent amendments to the Serbian Criminal Code in respect of the following criminal offenses: Stalking (Article 138a CC), Sexual harassment (Article 182a CC), and Female genital mutilation (Article 121a CC). Then, the author points out to prospective changes in the national provisions on some criminal offences, which are already envisaged in the Istanbul Convention.

Non-Consensual Disclosure of Intimate Images as a Crime of Gender-Based Violence

Bill C-13 introduced new Criminal Code provisions prohibiting the publication of intimate images without the consent of the person depicted. Women and girls are overwhelmingly the victims of this behaviour, which is premised upon their objectification. This article analyzes this crime as a form of gender-based violence and considers, based on the legislation and the limited case law, whether, and to what extent, judges may ignore the gendered context of the crime or blame women for their own victimization. The over-emphasis on victims' privacy expectations in the legislative provisions has resulted in judges conceiving of this crime in early cases primarily as a violation of privacy rather than as a crime of sexualized gender-based violence. Judges in future cases must not lose sight of the gendered nature of this crime and its harms and should adopt a dignity-based approach to privacy to ensure women do not easily lose the ability to control the dissemination of their intimate images.

Nordic or Not: Examining the Future of Canada’s Prostitution Legislation

I will inquire into the future of prostitution legislation in Canada, given the recent Supreme Court decision to strike down the Criminal Code provisions restricting practices around the sale and purchase of sex. I will consider three models for Canada’s new laws: criminalization, legalization/regulation and the “Nordic model”. I will outline the features of each system, with a particular focus on the Nordic model which many have proposed as the best avenue for Canadian legislators to take. In both Canada and places where a Nordic Model has been implemented, I will account for the legal provisions regarding prostitution, associated laws related to labour, public health, zoning and public nuisance, political factors including the presence and strength of a social safety net and the sort of government that oversees the administration of said social safety net, and the sorts of people who practice prostitution. I will compare the social factors and demographic information from the Nordic states with the Canadian context, establishing similarities and differences between the situations. Ultimately, I will discuss the implications each system in the Canadian context, addressing the likelihood of each model’s implementation, its efficacy at achieving its stated aims and what sorts of conditions it creates for people engaged in prostitution.

Human Trafficking and Prostitution in Canada Intersections and Challenges

Pimps exploit, degrade and subordinate women with the sole purpose of making as much money as possible. Canada’s Parliament has enacted two key pieces of legislation to protect the vulnerable women preyed upon by pimps. First, Canada ratified the United Nations (UN) Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. These human trafficking provisions are increasingly used to combat the pernicious evil of pimps and recognize that coerced sex trade work is one of the contemporary forms of slavery. However, they suffer from a lack of definition within the Criminal Code of Canada – particularly the meaning of “exploitation.” This paper seeks to fill in the definitional lacunae and also considers the Constitutional vulnerability of the mandatory minimum sentences imposed upon convicted pimps. Second, Bill C-36, the Protection of Communities and Exploited Persons Act (S.C. 2014, c. 25) came into force on November 6, 2014, as a direct response to the Supreme Court of Canada decision in R. v. Bedford – which struck down key Criminal Code provisions aimed directly at prostitution related offences. These provisions are likewise vulnerable to Constitutional attack. This paper considers those vulnerabilities as well as the far reaching effects of these enactments. Jointly, the human trafficking and prostitution related provisions aimed at stopping pimping capture conduct beyond what many may envision when they turn their minds to exploitation within the sex trade industry.

Quality of criminal law protection of the information constituting the state secret: problems of norms formation and criminal responsibility differentiation

When a criminal law rule is applied, an important role is plaid by the quality of the rule structure. This is particularly important when it comes to the protection of such a value as security of the State in the area of state secrets protected by law. From the standpoint of the quality of the criminal law, the author reviews the latest legislative amendments in this field. Legislative norms analyzed in the article provide for the following constituent parts of crimes: Art. 275 of the Criminal Code "Treason;" Art. 276 of the Criminal Code "Espionage;" Art. 283 of the Criminal Code "Divulging State Secrets;" Art. 2831 of the Criminal Code "Illegal Receipt of Information Constituting State Secrets." On the basis of the quality criteria of the criminal law, the author identifies problems related to the formation of the Criminal Code provisions in question and, as the result of the survey, proposes new versions of the rules of law. In the author's view, one of such problems amounts to the low level of criminal responsibility differentiation and, as a consequence, the author proposes to differentiate criminal responsibility in accordance with the subject matter of the crime, i.e. a quality criterion of the information divulged.

IMPLEMENTASI NILAI-NILAI PANCASILA DALAM PEMBANGUNAN SISTEM HUKUM PIDANA DI INDONESIA

It should be recognized the draft Penal Code or the Criminal Code applied in Indonesia was a legacy of Netherland colonialism and imperialism regime which had colonized this country for 350 years. Badly, the book which is used as criminal law guidelines is still applicable in Indonesia, although the life and traditions of society are far different from those in the Netherlands. Even though, there are a few additions and subtractions to the Criminal Code provisions, but the nature of imperialism and capitalism remains rooted in the Penal Code. Therefore, in order to revise the Penal Code voiced intensively by various elements of society lately, it is highly recommended inserting appropriate norms to the values of Pancasila as the implementation of national ideology which is complex and civilized into the criminal law system in Indonesia. http://dx.doi.org/10.17977/um019v1i12016p023

Physician-assisted death: A Canada-wide survey of ALS health care providers.

To survey amyotrophic lateral sclerosis (ALS) health care providers to determine attitudes regarding physician-assisted death (PAD) after the Supreme Court of Canada (SCC) invalidated the Criminal Code provisions that prohibit PAD in February 2015. We conducted a Canada-wide survey of physicians and allied health professionals (AHP) involved in the care of patients with ALS on their opinions regarding (1) the SCC ruling, (2) their willingness to participate in PAD, and (3) the PAD implementation process for patients with ALS. We received 231 responses from ALS health care providers representing all 15 academic ALS centers in Canada, with an overall response rate for invited participants of 74%. The majority of physicians and AHP agreed with the SCC ruling and believed that patients with moderate and severe stage ALS should have access to PAD; however, most physicians would not provide a lethal prescription or injection to an eligible patient. They preferred the patient obtain a second opinion to confirm eligibility, have a psychiatric assessment, and then be referred to a third party to administer PAD. The majority of respondents felt unprepared for the initiation of this program and favored the development of PAD training modules and guidelines. ALS health care providers support the SCC decision and the majority believe PAD should be available to patients with moderate to severe ALS with physical or emotional suffering. However, few clinicians are willing to directly provide PAD and additional training and guidelines are required before implementation in Canada.

The alternatives of imprisonment according to the Albanian Law and the ways of surveillances

This paper considers different alternatives to Sentence to a Term of Imprisonment listed in a chapter with the same title, in the Articles 58-64 of the Albanian Criminal Code. This approach to such subject reflects not only the reality of how the judicial system in Albania operates, but, because of the purpose and the positive changes that the implementation of these alternatives to sentence to a term of imprisonment brings, it is also a permanent requirement of the international community. In this note I have focused in three important quests: theoretical interpretations of these criminal code provisions, examples from court’s practices as well as problems and challenges that might arise, and lastly, the procedures required for their implementation. Moreover, in considering the procedural challenges, the conditional sentence (Article 59), semi freedom (Article 58), house arrest (Article 59/a), community service (Article 63) and conditional release or parole (Article 64) of the Criminal Code, I have also presented my personal view on the matters. My thoughts and suggestions add to the explanation and elaboration of this subject not only from the practitioners’ points of view, but they also add to the intellectual discussion among those who exchange ideas and theories on the subject. This concludes the intent and purpose of this note, which focuses on a topic that is very current today.

Economic Criminal Acts according to Criminal Code of Republic of Kosovo

This article analyses the criminal offences against economy in the Criminal Code of Kosovo, which are increasingly becoming an important object of study, both at national and international levels. The criminal offences against economy are in principle blanket nature offences, guiding nature, since the vast majority of such norms are further delineated in other bylaws, while the criminal code provisions provide on criminal offences, thereby guiding towards another legal or sub-legal provision. Economic and financial crimes in Kosovo are already making a remarkable increase, as proven by statistical records of state authorities. The increased rate of economic crimes is a result of many factors and circumstances present in Kosovo, which may be different from regional countries. The inefficient fight and prevention of organized crime and corruption in the period between 1999-2010 was stimulated and favoured by several specific factors that are elaborated in this article.

Sexual Assault and the Meaning of Power and Authority for Women with Mental Disabilities

The sexual assault of persons with mental disabilities (also described as cognitive, intellectual and developmental disabilities) occurs at alarmingly high rates worldwide. These assaults are a form of gender-based violence intersecting with discrimination based on disability. Our research on the treatment of such cases in the Canadian criminal justice system demonstrates the systemic barriers these victims face at the level of both substantive legal doctrine and trial procedure. Relying on feminist legal theory and disability theory, we argue in this paper that abuses of trust and power underlie most sexual assaults of women with mental disabilities. We argue that existing Criminal Code provisions in Canada are inadequate to address this type of exploitation because courts have consistently failed to recognize that such abuses of power and trust are fundamentally inconsistent with any notion of voluntary consent.