Criminal Code Reform Research Articles

Comparison of Indonesian and Norwegian Laws regarding Criminal Responsibility of perpetrators with Intellectual/Mental Disabilities

The criminal responsibility of offenders with mental or intellectual disabilities varies significantly across legal systems, influencing policies within the criminal justice framework. In some jurisdictions, provisions exist allowing for the consideration of disabilities as grounds for exoneration or mitigation of punishment. The reform of Indonesia's Criminal Code in 2023, particularly Articles 38 and 39, addresses the issue of criminal responsibility for individuals with mental or intellectual disabilities. However, challenges arise when the concept of diminished criminal liability is tied more to the defendant's mental or intellectual condition rather than their culpability in the criminal act itself. This study aims to examine and compare these legal regulations and policies with those of Norway. Using a juridical-normative method with legislative and comparative approaches, the research seeks to elucidate the differences in how Indonesia and Norway handle the criminal responsibility of offenders with disabilities. By doing so, this paper aims to clarify the regulatory frameworks governing the exoneration and reduction of criminal liability for individuals with disabilities in Indonesia, ensuring that law enforcement practices align with the rights and considerations afforded to such individuals

Monodualistic and Pluralistic Punishment Politics in Criminal Code Reform: Lessons from Indonesia

This research analyzes the problem of punishment in the current Criminal Code because there is a mismatch of socio-political, socio-philosophical, and socio-cultural foundations. This study also analyzes the problems in the current Criminal Code punishment due to the strong retributive influence on punishment so that imprisonment becomes the sole answer for judges in deciding cases. In connection with the various problems of punishment in the Criminal Code, efforts are made to reform the Criminal Code, which is adjusted to the socio-political, socio-philosophical, and socio-cultural foundations so that the reform of the Criminal Code has a mono-dualistic and pluralistic nature. The purpose of this research is to find how the concepts of mono-dualistic and pluralistic influence the reformation of the Criminal Code as well as the political direction of punishment in the reformation of the Criminal Code. Based on the research, the author found that the mono-dualistic and pluralistic nature of the Criminal Code reform influences the material expansion of the principle of legality. In addition, criminal code reform has a contemporary direction that prioritizes not only deterrent effects but also rehabilitative efforts so that it can restore social functions.

PENGUATAN INSTRUMEN PERLINDUNGAN HAM DALAM PEMBAHARUAN KUHAP UNTUK MEWUJUDKAN CITA NEGARA HUKUM

According to the 1945 Constitution, Indonesia is a state of law. Law violation must be prosecuted according to the rules of applicable law. Violation of criminal law, its enforcement through criminal procedural procedures. Criminal Procedure Code needs to be updated because of its many weaknesses. Criminal Procedure Code reform must guarantee the achievement of the ideals of a rule of law state. This study aims to reveal a model for strengthening human rights protection instruments in the reform of the Criminal Procedure Code. This research is a normative study using secondary data, in the form of primary, secondary and tertiary materials. Data collection techniques with library research. The analysis was carried out prescriptively with the deduction method. The results show that in the reform of the Criminal Procedure Code the instrument for protecting human rights is strengthened because Indonesia has ratified several international conventions, including the Covenant on Civil and Political Rights (ICCPR). The Criminal Procedure Code must comply with several ICCPR provisions, including regarding detention by investigators as short as possible and immediately brought before the judge, stipulating the right to remain silent as an embodiment of the principle of non-self-incrimination. Keywords: Criminal Procedure Code Reform, Human Rights Protection, Rule of Law.

Violencia económica y patrimonial. Acceso a una vida libre de violencia a las mujeres

En el presente artículo de investigación se analiza como dentro de la legislación ecuatoriana existe una falta de protección a la violencia económica y patrimonial que sufren las mujeres, por lo cual se plantea una reforma al Código Orgánico Integral Penal que busque equipar los derechos humanos y de género en el Ecuador. La metodología investigativa partio desde lo cualitativo, utilizando métodos tales como análisis y síntesis bibliográficas, así como también histórico lógico e inductivo deductivo. En este sentido, se determina que con esta reforma planteada se asegurara la protección que las mujeres tendrán dentro de la legislación ecuatoriana será apegada a los principios y garantías constitucionales como acceso a la justicia, garantizado la tutela efectiva, lo que generara equidad en futuros casos.

Environmental Firms’ Better Attitude towards Nature in the Context of Corporate Compliance

The recent publishing of the Criminal Code Reform, known as the Corporate Governance Code and by which companies are prosecuted for the crimes they have committed, is contributing towards improving the management of companies involved in using natural resources. This study explores the disposition of environmental companies towards respect for nature in the context of the new Spanish Criminal Code 1/2015. Over 916 companies, including 104 environmental companies, have been asked about their knowledge of the code and the consequences it has for them through a survey. The paper explores the influence of regulatory compliance, coercive enforcement and cooperative actions on environmental companies to develop better attitudes towards nature. Partial Least Squares (PLS) Path Modelling was used to build an interaction model among variables. The results of the research reveal how environmental companies are more inclined to developing organizational standards (Cooperative Environmental Protocols) and to improving compliance with environmental law (coercive regulation). The model has a moderate predictive effect, explaining 54.1% of environmental companies’ Better Attitude towards Nature. The findings may have important implications for environmental authorities when deterring environmental crimes.

ON THE ISSUE OF DIFFERENTATION OF CRIMINAL RESPONSIBILITY FOR REPEATED CRIMES

The article deals with problems of differentiation of criminal responsibility depending on the social danger forms of multiple offenses. Conception of differentiation of responsibility is defined. Provisions of the existing criminal legislation are analyzed based on responsibility for the repeated crime and recidivism. The norms of the current legislation, judicial practice, judicial statistics are examined and noticed that the regulation of criminal responsibility in the Criminal Code contradicts to the forms of multiple crimes, and not according to the principles of humanism, justice, and the inevitability of punishment. The conclusion about expediency of a differentiated approach to casual and professional criminals is made. In conclusion, proposals for the reform of Criminal Code of the Russian Federation are formulated in order to ensure the optimal differentiation of criminal responsibility, taking into account public danger forms of multiple offenses.

El código procesal penal bonaerense de 1915: primeras iniciativas de reforma en la legislatura a tres años de vigencia

El presente artículo posa la mirada en los primeros proyectos de reforma del código procesal penal de 1915 presentados en la legislatura bonaerense. Analiza sus contenidos y si existió consenso para que sean sancionados con el objetivo principal de identificar las preocupaciones que impulsaron cambios en el texto legal. Se centra en la primera gobernación de la Unión Cívica Radical (1918-1921), escenario político caracterizado por tensiones entre el gobernador Crotto y la Legislatura.

Reform of criminal Code and Requirements building of Good Governance

The law is a key input for the establishment of good governance, it is no guarantee the rule of law cannot achieve good governance in the community requirements. So the law must be responsive to the objectives which aims to achieve good governance on the one hand, and the line with the social, economic and political transformations concurrent with his other hand. This dialectical relationship assumes without doubt the various branches of law reform, including the Iraqi Penal Code No. 111 of 1969.
 The purpose statement that includes research on two aspects, the first focuses on clarifying dialectical relationship between good governance and reform of the Penal Code. The second shows the main directions of the reform of the Iraqi Penal Code No. 111 of 1969, with a focus on the most important, in the light of contemporary criminal policy. It is limited to the (humanization of the criminal law), and (expand criminalization circle), and (internationalization of the criminal law).

IMPLIKASI PERUMUSAN DELIK KORUPSI DI DALAM KEBIJAKAN PEMBAHARUAN KITAB UNDANG-UNDANG HUKUM PIDANA

The Criminal Code as a legacy of Dutch colonialism could no longer follow the dynamism of community life. It is too rigid has obliterated the sense of justice which is the goal of the creation of the law itself. This is because the articles of the Criminal Code deemed unsuitable to the development of crime and offenses increasingly complex. In the draft Code of Criminal Law, as one of the reform effort is the formulation of offenses of corruption set out in Chapter XXXII starting from Article 688 to Article 702. With the formulation of the offense of corruption and offenses positions formulated in the draft Criminal Code will disregard the Law Combating Corruption although this law of particular importance because of the substance of the articles draft Criminal Code wants to make corruption has become common crimes and do not pass through handling extraordinary. Law on Corruption Eradication cannot apply even if there is the principle of lex specialis derogat lex generalis, because of the retroactive principle that applies in the draft Criminal Code so that the decision to force the law can still be applied retroactively when the rule of law that new does not regulate the offense of criminal, so punishment can be eliminated.Keywords: Offense Corruption , Corruption , Reform of draft Criminal Code

Reformas en materia Penal contra el Maltrato Animal Mexico

This document presents the latest reforms in criminal matters against Animal Abuse in Mexico. The Animal Protection Law and the Criminal Code of the Federal District are studied, as well as the Criminal Code Reform against animal abuse in the state of Yucatan and the Police Actual Protocol of the Secretary of Public Security of the Federal District, regarding protection, rescue, awareness, respect and animal welfare.

Euthanasia

The problem of euthanasia emerges again and again in today's Europe. The Dutch type of regulation of euthanasia could be introduced into the Hungarian legal system. Today, in Hungary, the ethical guidelines of the chamber of medicine, the criminal law and the administrative health law also forbid active euthanasia. In Hungary, the criminal code reform of 2012 missed to liberalise the regulation of euthanasia. Such liberalisation awaits bottom-up support from the part of the society. In Europe, active euthanasia is legal only in the Netherlands, Belgium, Luxemburg and Switzerland. In Hungary, a passive form of euthanasia is legal, i.e. a dying patient may, under strict procedural circumstances, refuse medical treatment. The patient is not allowed to refuse medical treatment, if she is pregnant and foreseeably capable to give birth to her child.

Le renvoi et la classification des infractions d’agression sexuelle

This study is a theoretical and empirical analysis of the new tripartite structure of sexual offences created by the Criminal code reform of 1983 in Canada (Bill C-127). The authors analyze the reform proposals advanced by the Law Reform Commission as well as the data on reports of sexual assault in Quebec and Canada as a whole. In addition, the authors explore the actual classification practices of the criminal justice system and some of the "new " symbolic effects of the legislation.

Objectivist vs. Subjectivist Views of Criminality: A Study in the Role of Social Science in Criminal Law Theory

The article identifies a pattern of doctrinal shift from common law criminal law to modern criminal codes and uses social science methodology to determine whether the shift is one that reflects changing community views of what ought to constitute criminality. The study finds that the objectivist-subjectivist distinction that it defines does indeed capture a distinction important to lay perceptions of criminality, but that lay perceptions have not shifted from the objectivist view of common law to the subjectivist view of modern codes, as the law and many commentators suggest. Rather, the study results suggest that lay persons agree with the subjectivist view of modern codes in defining the minimum requirements of criminality, but prefer the common law's objectivist view of grading the punishment deserved for a violation. We argue that there is practical value in having the criminal law track shared community intuitions of the proper rules for assigning liability and punishment. For that reason, the study results support the often criticized subjectivist view of modern codes in setting the minimum requirements of liability, but disapprove of the modern code shift away from the common law's objectivist view of grading. Beyond its conclusion's implications for future criminal code reform, the study suggests that social science research, properly done and carefully focused, can help resolve criminal law theory debates that rest in whole or in part on claims of what people see as just punishment.

Sex, Crime, Pathology: Homosexuality and Criminal Code Reform in Canada, 1949–1969

RésuméCet article examine les processus légaux, politiques et sociaux qui ont abouti à la décriminalisation de l'homosexualité au Canada, en 1969. Même s'il explore l'activisme gai, les développements internationaux, la libéralisation des attitudes sociales, et les anomalies du code criminel de l'époque, l'article se concentre surtout sur la reconceptualisation de la vision juridico-pénale de l'homosexualité vers une conception médico-scientifique et sur l'impact de ce changement sur l'éventuelle décriminalisation. Dans ce cadre, une approche foucaldienne est employée pour illustrer de quelle façon l'évolution du discours psychiatrique sur l'homosexualité a affecté la compréhension sociale et légale de l'attraction entre personnes du même sexe, de la Deuxième guerre mondiale jusqu'aux années 1970. Alors que psychiatres et psychologues étendaient leur expertise à la zone des pratiques et des identités sexuelles, ils ont fourni aux réformateurs et aux parlementaires un cadre interprétatif de l'homosexualité dissocié de l'aspect criminel. Malgré sa légalisation partielle, en 1969, l'homosexualité demeura longtemps associée à une activité pathologique, nécessitant une présence «gouvernante» continue dans les chambres à coucher de la nation, et ce pendant plusieurs années.

Structuring Criminal Codes to Perform Their Function

Almost exactly three years ago, I stood here giving a paper for a conference on federal criminal code reform sponsored by the Center. My goal was to provide a “top ten” list of needed reforms. My approach was to suggest five lessons that the federal criminal code could learn from the Model Penal Code and five lessons that both codes could learn. It seemed useful at the time, but now it leaves me as having already said—in this very location— most of what I wanted to say about what is good and bad about the Model Penal Code. But there was one of those items, the tenth, that I could only mention in barest outline. So I’m pleased to have the opportunity today to lay out in greater detail what I could not say back then about the item at the top of my “top ten” list. How should a criminal code be structured to best perform its functions? A criminal code of today must perform two very different functions: (1) It must perform the ex ante function of announcing the rules of conduct that are to govern the conduct of all persons within the code’s jurisdiction; and (2) it must perform the ex post function of establishing

Selected Bibliography on Federal Criminal Code Reform

Selected Bibliography on Federal Criminal Code Reform

Federal Criminal Code Reform: Hidden Costs, Illusory Benefits

Anyone who has ventured into federal criminal law knows it is impossible to consult the federal criminal “code”—and I use the term advisedly— without becoming aware of peculiarities in its structure and content. Its well-documented shortcomings make proposals for federal criminal code reform sound like sweet reason, especially when the proponents speak with the authority that comes from years of working with and for the code reform effort. While it is hard to quarrel with their cogent calls for order and rationality in the federal law of crimes, the code reform debate often overlooks important realities of federal criminal law and criminal lawmaking that call into question whether code reform is practicable—or even advisable—at this time. The reforms recommended by the Brown Com-

Catégoriser l'ordre public : la réforme du code pénal français de 1992

Categorising Law and Order: the 1992 criminal code reform in France After twenty years of preparation, a new criminal code was adopted in France in 1992. It is made up of laws that institute symbolic and material categories on the basis of which the legitimate power to punish is organized. First, the authors retrace the evolution of the categorising principles used in criminal codes. Then, they analyse the new code in terms of the classes, types and rationales governing the interests protected by it. The results show that law and order in the new code has lost its political dimension and is now dominated by the will to protect the individual. .

A summary of public consultation on reform of the Criminal Code of Canada as related to a defense of self-induced intoxication resulting in automatism

The changes to Canadian law around the Daviault case took place within a broader process of ongoing reform of the Criminal Code of Canada. Because of the concurrence of these two events, there exist several documents printed by the federal government that describe in plain language the implications of the Daviault decision and discuss the relative merits of different legislative options relating to this issue. This paper attempts to summarize the nature of this discussion. Information is provided at the end to help the interested reader acquire these documents. Criminal Code reform and the provisions of the The Criminal Code of Canada, first enacted in 1892, consists of three parts: the General Part, Criminal Offenses, and Procedures. The General Part of the Criminal Code provides the basic definitions and principles that are applied to the rest of the text of the Code and to other federal statutes. The necessary elements of criminal liability are outlined here, as are the purpose and the application of all defenses that can be raised by the accused. Many parts of the Criminal Code have been revised continuously since 1892 to reflect legislative changes and changes in interpretation that have arisen through case law, but the entire text had never been reviewed and brought up to date. Several studies of the General Part of the Criminal Code have concluded that it no longer reflects the values and concerns of contemporary Canadian society and that reform is overdue (Law Reform Commission of Canada, 1987; Canadian Bar Association, 1992; Thacker, 1993). Very importantly, the influence of the Canadian Charter of Rights and Freedoms, enacted in 1982, is not yet reflected in the General Part of the Criminal Code. In 1993 the federal government took an important step in this process. Following a report of the Parliamentary subcommittee on recodification of the General Part of the Criminal Code, on June 28, 1993, the Minister of Justice released a White Paper (a proposed Act of Parliament released for committee and general discussion) that outlined a proposed new General Part of the Criminal Code. The provisions in the were defined for the most part by case law and interpretation of the Charter. In defining what constitutes the elements of an offense, section 12.1, paragraph 2 of the reads No person commits an offence unless that person commits the act, or makes the omission, voluntarily. Section 35 defines the nature and availability of the defense of self-induced intoxication: 35. (1) Self-induced intoxication does not form the basis of a defence to, or negate criminal responsibility for, an offence, unless (a) the description of the offences specifies, or the law otherwise provides, that there be a motive, purpose or intention in addition to the basic intention to commit the act or omission specified in the description of the offence; and (b) either (i) the self-induced intoxication negates a motive, purpose or intention, other than the basic intention, referred to in paragraph (a), whether or not it also negates that basic intention, or (ii) the self-induced intoxication results in a mistaken belief as to a circumstance, whether or not the circumstance is specified in the description of the offence, which mistaken belief would form the basis of a defence to, or negate criminal responsibility for, the offence. (2) Notwithstanding anything in this section, self-induced intoxication does not form the basis of a defence to, or negate criminal responsibility for, an offence, where (a) this Act or any other Act of Parliament so provides; (b) intoxication is an element of the offence; or (c) the person became intoxicated in order to be fortified to commit the offence. (3) Nothing in this section shall be construed as affecting the operation of section 16 or 16.1. Section 16.1 defines the defense of automatism and how it would be used: 16. …

Criminal law theory and criminal code reform

Criminal law theory and criminal code reform