Criminal Code Research Articles

DENIAL OF AGGRESSION AGAINST UKRAINE OR OCCUPATION OF ITS TERRITORY: A NEW CASE AMONG THE DENIAL CRIMES

Background: Denial crimes are considered one of the most controversial topics in modern criminal law. The criminalisation of historical negationism is problematically balanced between two extremes: the need to protect historical memory, public order and the feelings of victims of terrible tragedies and their descendants, and the need to safeguard freedom of expression and academic debate. Despite this tension, the criminalisation of denial crimes has been gaining momentum on the European continent and is constantly expanding. For a long time, Ukraine has remained on the sidelines of this complex debate on the prohibition of denials. However, Russian aggression prompted the Ukrainian parliament to criminalise the denial of the aggression against Ukraine and the occupation of its territory. The wording of the law is not trivial and differs from classic European models. Two laws were adopted simultaneously, but they were not synchronised with each other, creating a collision. Despite this, both are widely used. This article, therefore, demonstrates Ukraine's thorny path to criminalising denials and the legal difficulties that arose from the extreme conditions under which the laws were adopted. Methods: In the initial stages of the research process, the authors present a concise overview of the evolution of criminal prohibition of denial across the globe, focusing on recent trends. This is achieved through the application of historical and comparative legal methods. The central section of the study is devoted to an examination of the Ukrainian experience, comprising two parts. The first section elucidates the evolution of the concept of criminalisation of these actions in Ukraine through an analysis of legislative initiatives and the outcomes of their assessment. The second section is dedicated to investigating the shortcomings of the legislative process, the challenges encountered in the implementation of adopted amendments, and the formulation of recommendations for the resolution of collision between legal norms, as well as suggestions for improving existing regulatory frameworks. In this endeavour, the authors employ a combination of formal legal and logical methods of cognition. Results and conclusions: Europe is at the heart of the movement to criminalise historical negationism. Most European countries criminalise some form of denial. Ukraine, as a candidate country for accession to the European Union, must harmonise its legislation with EU law. Over the past two decades, numerous draft legislation proposals have been submitted to the Ukrainian parliament with the intention of criminalising the denial of specific historical facts and their legal assessment. However, the Ukrainian experience differs significantly from that of its European counterparts, which mainly focus on liabilities for denying the Holocaust, other genocides, crimes against humanity, and war crimes. At present, the criminal law of Ukraine provides for the denial of Russian aggression and occupation in two distinct articles of the Criminal Code of Ukraine. Both articles are applied in practice, resulting in legal uncertainty and a violation of the principle of equality. The article proposes an amendment to the Criminal Code of Ukraine to resolve this collision and, in the interim, to resolve the collision of norms by the principle of in dubio pro homine.

Corporate Crime Liability: Beyond Rule Reform on Indonesia Criminal Policy

The acceptance of the corporation as the subject of a criminal act, causing problems in the accountability of corporate criminal acts, because of the existence of vague norms that cause injustice and uncertainty in its application. In this study, there are two main problems, namely regulation of corporate criminal liability in criminal law in Indonesia and the prospect of criminal law on the liability of corporate criminal acts in Indonesia from the perspective of ius constituendum. The research method used is a normative legal research method with a statutory approach, comparison study and legal concepts analysis. The results of the study are: (1) As a vague norm in the regulation of corporations as the subject of criminal acts that can be accounted for in the Criminal Code and several laws outside the Criminal Code have regulated corporations as the subject of criminal acts that can be accounted for in criminal law, (2) The prospect of regulating corporate criminal liability in the 2019 Draft Criminal Code has completely and firmly regulated corporations as the subject of criminal acts and can be accounted for in criminal law and accepts absolute criminal liability and certain substitute criminal liability.

Plagiarism, from Carelessness to Crime. Perception of Undergraduate Students

Objective: To explore the perception of undergraduate students from a group of the Chemistry faculty regarding plagiarism, cyberplagiarism and their relationship with information sources. Theoretical Framework: Although the criminal code in Mexico indicates that plagiarism is a crime, there is evidence of it being a frequent event, we do not know the perception that undergraduate students have in relation to plagiarism, which is why it is necessary to investigate it. Method: Students from the Bachelor of Pharmacobiology and Chemistry participated voluntarily, and signed the informed consent. Participants were asked to write in free format what plagiarism/cyberplagiarism is and its relationship with information sources. Each document was then analyzed, identifying the terms used to consult their meaning in the Dictionary of the Royal Spanish Academy and their representation was developed. Results and Discussion: Students have different perceptions of what plagiarism is, from “carelessness” to “crime”, and only 40% of participants completed the work by identifying the relationship between Plagiarism and the Information Sources session. Implications of the research: The findings allow us to detect a need: to incorporate the topic of plagiarism into the program of each subject. This will allow students to be aware that plagiarism has consequences that can affect their future. Enabling students not to resort to plagiarism is a strengthening strategy that also contributes to the cognitive process of students. Originality/Value: This study provides, in the first instance, the perception of plagiarism among undergraduate students and detects a heterogeneity in its meaning and consequences. We propose active, teacher-led empowerment to learn how to manage time, prioritize activities, and collaborate with peers to counteract this crime.

Relevance of Aceh's Qanun Jinayat in Minimizing Cases of Sexual Harassment against Children in Aceh

This study aims to describe the relevance of Qanun Number 6 of 2014 concerning Jinayat Law as a legal regulation used to address cases of child sexual Harassment in Aceh. This is considered important because until now cases of child sexual Harassment in Aceh have continued to increase every year. In addition, Aceh is a region that has special regulations that are formed based on Islamic law and customary law. Therefore, the provisions relating to sexual Harassment in Aceh are different from other provincial areas that use the Child Protection Law, the Sexual Violence Crime Law or Law Number 1 of 2023 concerning the Criminal Code. The study was conducted using a sociological legal research method with descriptive analytical writing specifications. The focus of this study is on how the relevance of Aceh Qanun Number 6 of 2014 concerning Jinayat Law is in minimizing the number of cases of child sexual Harassment in Aceh, thus causing this study to be different from previous studies. The results of this study indicate that Qanun Number 6 of 2014 concerning Jinayat Law has not been able to optimally address cases of child sexual Harassment in Aceh. It is because the five factors that influence the effectiveness of the implementation of Qanun Jinayat in Aceh have not been effective until now. The five factors are legal factors, law enforcement factors, facilities and infrastructure factors, community factors and cultural factors. In addition, the provisions of the threat of sanctions contained in Qanun Jinayat when associated with the theory of just desert and the theory of the purpose of punishment in Islamic criminal law are still relatively light so that they have an impact on the unprotection of children's rights as victims and do not provide a deterrent effect for perpetrators.

Amicus Curiae dalam Sistem Peradilan Pidana: Perspektif KUHP Nasional dan Perbandingan

The aim of this article is to examine the function of amicus curiae in the criminal justice system. To analyse this issue, this article uses normative legal research method and two approaches, namely the statutes approach and the comparative approach with the current regulations concerning amicus curiae in The United States of America. This article argues that in the National Criminal Code regime, amicus curiae will increasingly occupy an important and central position. This argument can be seen at least from the formulation of the Article 12 paragraph 2, Article 35, and Article 54. In all of these aspects, the values and sense of justice of the community are important for judges to consider. In this case, amicus curiae plays an important role to show how the community assesses the criminal case being tried. By conducting a comparative study with the regulation of amicus curiae in the United States, this article proposes three aspects to be considered in regulating the implementation of amicus curiae in Indonesia. These three aspects include the affirmation of the position of amicus curiae in Indonesian criminal procedure law, the regulation of the substance of amicus curiae, and the procedure for submitting amicus curiae to the Court.

Violation of the handling rules of pathogens: discourse on the definition of the subject of the criminal offense

The relevance of the study is determined by the growing importance of ensuring the biological security of the state, in particular, by criminal legal means in the context of strengthening control over the activities of research, diagnostic and production microbiological laboratories that work with pathogenic material, as well as by the uncertainty of the criminal legal doctrine regarding the mandatory signs of the composition of the criminal offense under Art. 326 of the Criminal Code of Ukraine. The purpose of the article is to develop a scientifically grounded approach to the understanding of the subject of violation of the handling rules of microbiological objects that are pathogens of dangerous diseases, and the responsibility for which is provided for by Article 326 of the current Criminal Code of Ukraine, as well as by Articles 5.1.12, 5.1.13 and 5.1.19 of the draft of the new Criminal Code of Ukraine. To achieve this goal, the following scientific methods were used: hermeneutical, normative-dogmatic, formal-logical, system-structural. The provisions of international and national legislation of Ukraine, which determine the content of the subject of the relevant criminal offense, were analyzed. It was found out that, despite the dual interpretation, the term “biological agents is used both in the current and in the prospective legislative acts of Ukraine, and the lists of dangerous biological agents are approved by the Government and the Ministry of Health of Ukraine. In the absence of the legal definition of the term “infectious agents” and the absence of any normative defined lists of such agents, the use of this term in the construction of the relevant criminal law norms is considered to be questionable. The meaning of the concept of “biotechnology products,” which was used by the authors of the draft of the new Criminal Code of Ukraine to criminalize the violation of the handling rules of pathogens, has been determined. It was found out that there is no legally defined list of biotechnology products, which significantly expands the meaning of this concept. It was argued that the application of the definition of “biotechnology products” in a prospective codified criminal legal act will create unjustified competition of norms and will negatively affect the qualification of relevant criminal offenses. The optimal version of the disposition of the criminal legal norm on the violation of the mentioned rules of biological safety in terms of determining the subject of this criminal offense has been given.

The Criminal Justice System in the Lithuanian SSR: Genesis, Specifics and Relationship with Unarmed Anti-soviet Resistance

The article analyses the criminal justice system of Soviet Lithuania: the formation of the system, its norms and institutions, the aggregate of laws, and the prosecution of criminals. It also reveals how the transformation of the Soviet regime after Stalin’s death was reflected in the legal reality. The dimension of political crime, criminal prosecution for various forms of resistance against the Soviet regime, is particularly emphasised. The research revealed that although after Stalin’s death the Soviet regime in Lithuania released its grip and Soviet law acquired more liberal features, it continued to be used for reprisals against people who espoused different opinions. Several features were characteristic to the criminal prosecution of those who participated in unarmed opposition and dissidents in the Lithuanian SSR: a) the suspect was accused of a political crime under an article of the Criminal Code applicable to his activities (such cases violated international law, but were legal in the Soviet legal system), b) political crimes were criminalised by interpreting articles of the Criminal Code too liberally (even in the Soviet system such cases lacked objectivity), c) political cases were masked by criminal offenses and also contained elements of non-political crimes (cases were not objective and criminal charges were falsified). Even in the late Soviet period, the Soviet legal system collaborated hand in hand with the Lithuanian Communist Party and the KGB and was an integral part of the Soviet ruling system. The dishonesty of the Soviet legal system often served as evidence that the criticism of the regime by dissidents was justified. The fact that Soviet authorities did not always follow the legal norms that regulated their own activities showed that legal reality in the USSR was just fiction. The regime, which became softer externally, continued to observe the same totalitarian logic internally.

Problems of qualification in receiving a bribe on the example of medical workers

Subject of research: norms of the criminal legislation of the Russian Federation devoted to bribery and the concept of an official, as well as clarifications of the Plenum of the Supreme Court of the Russian Federation on the qualification of certain crimes of corruption. Purpose of research: to give scientifically based proposals to eliminate the problem of qualifying the actions of a medical worker, including one who is the head of a structural unit of a medical organization, as receiving a bribe. Object of research: social relations arising in connection with the performance by a medical worker of his professional and official duties, which were studied using comparative legal, dialectical and analytical methods. Main results of research: a justification is proposed for the need to include in the Criminal Code of the Russian Federation a rule on liability for illegal remuneration of officials of healthcare institutions.

Harassment from the Perspective of the Current Romanian Criminal Code

Abstract The legislator of the Criminal Code resorted to the criminalization of this deed in response to cases that occurred in everyday reality, in which various persons, especially women, are waited for and followed in the street or other public spaces or are badgered via phone calls or messages, all of which are done in such a way as to create a state of fear for the person in question.

The Relationship Between Serum Cholesterol, Triglycerides, and Self-Reported Appetitive and Reactive Aggression, as Well as Violent Crimes in Male Forensic Patients with Substance Use Disorder

Numerous studies have linked lower levels of serum cholesterol with heightened aggression, violent crimes, and violent deaths across diverse populations, including forensic psychiatric patients, criminals, and the broad public. Interestingly, this association appears to be more pronounced in men than in women. Conversely, findings regarding serum triglycerides present a more nuanced picture, with some studies indicating heightened aggression with elevated levels and others suggesting the opposite. However, most studies have neglected to examine this phenomenon in conjunction with psychological traits. Additionally, no prior research has explored the association between serum lipid levels and different types of aggression, e.g., reactive, instrumental, or appetitive. Considering these gaps, our study aimed to assess serum cholesterol and triglyceride levels upon clinic admission and correlate them with scores from the Appetitive and Facilitative Aggression Scale (AFAS), a self-rating questionnaire assessing reactive and appetitive aggression. We conducted our investigation on a cohort of 135 forensic psychiatric patients undergoing drug addiction treatment under Section 64 of the German Criminal Code. This provision offers a nearly unique opportunity worldwide for individuals who have committed crimes under the influence of drugs or in the context of their addiction to receive specialized treatment. Using non-linear Spearman correlation analyses, we observed an inverse relationship between serum concentrations of both cholesterol and triglycerides and AFAS appetitive violence scores but not for reactive aggression. Additionally, triglyceride levels exhibited an inverse association with the prevalence of violent crimes as an index crime. In conclusion, blood lipids may affect numerous areas of health and disease beyond what is currently known, offering a potential shift in how we understand their role in aggression.

Regulation Act of Torture in Criminal Code: Opportunity and Challenge to Improve Human Rights Situation in Indonesia

This research aims to analyze the opportunities and challenges with regulating the criminal act of torture in Law No. 1 of 2023 concerning the Criminal Code (KUHP). The provisions regarding the criminal act of torture in the Criminal Code certainly open up opportunities in efforts to eliminate the practice of torture in Indonesia. The provisions of Article 530 of the current Criminal Code and the explanatory section stipulate that this article directly derives from the provisions in the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. On the other hand, all efforts and mechanisms to eliminate the practice of torture in Indonesia still require many steps to be taken. This research was conducted using a normative juridical method with a statutory approach. This research also provides an explanation of several gaps from previous similar studies by explaining several novel analyses, such as: (1) the application of sanctions to perpetrators must be adjusted to the provisions of international instruments, (2) revision of various articles in the Criminal Procedure Code which has the potential to perpetuate the practice of torture, and (3) the urgency to ratify the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). The conclusion of this research is an explanation that the regulation of criminal acts of torture in the provisions of the new Criminal Code needs to be appreciated, but of course it is not enough. The state must have high commitment and political will to revise the Criminal Procedure Code openly and involve the community, ratify OPCAT, implement national legal provisions, and ensure law enforcement against perpetrators.

History and Development of Death Sentencing in Indonesia: Current Policy and Regulations

The controversies on death sentencing are not new. The debates over the existence of death sentencing policies and regulations can be flashed back to the existence of human beings. Many instruments have been created, discussed, and agreed upon to protect the use of death penalty sentencing through manifesting human rights. Death sentencing, under the current view, cannot be seen and treated outside the scope of human rights issues. Indonesia has issued Law No.1 of 2023 regarding the Criminal Code. Meanwhile, many countries have tried to abolish the use of death sentencing, and this new law on criminal law has incorporated death sentencing in its provisions and applications by courts. The research aims to discuss the death sentencing policies and regulations in Indonesia before and after the new Criminal Code issuance in 2023. The research is normative legal research that discusses death sentencing in Indonesia. The data used in this research are secondary, which consists of primary, secondary, and tertiary legal sources. Primary legal sources will consist of laws and regulations that were and are currently applicable. Secondary legal sources are writings and journal articles that discuss death sentencing in Indonesia, besides Law No.1 of 2023. Tertiary legal sources are other sources outside the above scope that may be useful to provide more understanding of the subject matters, such as web-based sources. Analysis was conducted using a qualitative approach to describe and explain the conceptual norm and its application to death sentencing. Findings and discussion proved that irrespective of the debate over the morality of death sentencing, Indonesia still recognized the use of death sentencing in some instances, such as premeditated murder, corruption, terrorism, narcotics, and illegal drug trafficking. They came from court decisions that followed prior laws and legislations before promulgating the new Criminal Code 2023.

Study of Living Law and its Implication in the Formation of the Criminal Code (KUHP) in the Era of Decentralization of Indonesian Laws

This study explores the implications of living law in the formation of Indonesia's Criminal Code during the era of legal decentralization. Living law, comprising unwritten customs and traditions, continues to play a vital role in many Indonesian communities, particularly in the context of criminal justice. The research employs a juridical analysis and case study approach, focusing on regions where adat law (customary law) significantly influences legal practices. The findings reveal both the benefits and challenges of integrating living law into the formal legal system. While living law enhances cultural relevance and community-based justice, it also introduces concerns about legal fragmentation and potential conflicts with national human rights standards. The study recommends selective incorporation of living law into the Criminal Code, along with efforts to codify regional customs to ensure consistency and legal certainty. This research contributes to the ongoing debate on legal pluralism in Indonesia, offering insights into the future of criminal law reform in a decentralized system.

Implementation of the Death Penalty for Narcotics Criminal Offenders in the National Criminal Code From A Human Rights Perspective

The WvS Penal Code and the 2023 Penal Code still maintain the death penalty as a last resort in dealing with serious crimes. One of them is narcotics crime which is still a problem for Indonesia and other countries. so that in its eradication and handling requires cooperation with other countries. In the enactment of Law Number 1 of 2023 concerning the Criminal Code, where the death penalty is still enforced. The selection of penal means in tackling crime to obtain a deterrent effect for the community and for the convict himself so as not to commit a criminal offense again (preventing repetition of criminal acts). The emphasis is on repressive efforts against criminals. This research uses juridical-normative method. The maintenance of the death penalty is a criminal law policy in tackling serious crimes as a preventive and repressive effort.

GUILTY PLEAS THROUGH SPECIAL CHANNELS AS AN EFFORT TO REFORM CRIMINAL PROCEDURE LAW IN INDONESIA

This research discusses the concept of setting up a guilty plea through special channels as an effort to reform criminal procedure law in Indonesia in relation to the principles of simple, fast and low cost justice. Focusing on efforts to reform criminal procedure law in Indonesia and associated with the principles of simple, fast and low cost justice, namely with the concept of Guilty Plea Arrangements through Special Paths that exist in the renewal of the Indonesian criminal procedure code. The method used in this research is normative research. The result of this research is that the special route is an effort in the renewal of criminal procedure law. By eliminating some of the evidentiary processes, the special track is considered to accelerate case handling, thus reflecting the principles of simple, fast, and low cost justice. The special path contained in article 199 of the draft criminal procedure code does not need to be included in the Indonesian Criminal Procedure Code because there is ambiguity that makes the special path require reassessment before being applied to Indonesian criminal justice.

Sex workers’ confidence in the police in one Canadian city under the Protection of Communities and Exploited Persons Act

ABSTRACT Confidence in the police, a significant concern of sex workers across the globe, is an important gauge of their views of the legitimacy of law enforcement and their likelihood to seek help when in harms’ way. The purpose of this study is to explore sex worker confidence in police in one Canadian city after the enactment of the dramatically revised prostitution law in 2014, the Protection of Communities and Exploited Persons Act. In 2017–2018, a cross-section of active sex workers (N = 60) from Victoria, Canada, were interviewed about their personal and work lives under the criminal code law. Thematic analysis was carried out using the participants’ answers to these questions: (1) You said you have _____ confidence in the police. Please elaborate on why you feel this way about the police; (2) You said you had _____ interactions with police in the last 12 months? What happened, when, where, why, etc.? Have your interactions with the police changed in recent years? Our findings show the police’s treatment of sex workers is influenced by intersecting stigmas and structural factors that shape the confidence sex workers’ have in law enforcement. We provide greater contextualisation related to the confidence sex workers have in police, why lack of confidence may not always be synonymous with negative experiences, and why their distrust of the ‘institution of policing’ highlights the importance of having public policies that address the fundamental causes of sex worker victimisation and stigmatisation.

Pengaturan Marital Rape di Indonesia Perspektif Fiqh Jinayah tentang Keluarga

The purpose of this research is to explore the regulation related to the problem of marital rape in Indonesian legislation, especially after the enactment of the new Criminal Code Law by using the perspective of fiqh jinayah on family. This research is a doctrinal study with a conceptual approach and a legislative approach. Based on the research conducted, several conclusions can be formulated: First, marital rape that occurs in the household can be classified as a criminal offence of sexual violence. In addition, the regulation of marital rape in Indonesia is not yet specific and integrated so that it is still scattered in various regulations. Secondly, based on the perspective of fiqh jinayah, marital rape is included in the category of jarimah ta'zir because it is related to human honour. In the perspective of family jinayah fiqh, marital rape is also not justified and is an injustice according to Islam. Some sanctions in jinayah fiqh that can be applied to perpetrators of marital rape include diyat and ta'zir.

Exploring with Dignified Justice Theory Substitute Imprisonment Fines for Corruption Convicts

General provisions on criminal fines and their subsidiarity are contained in Article 30 of the Criminal Code. Article 30 paragraph (2) of the Criminal Code contains the possibility of substituting a fine with imprisonment. If the fine is not paid by the convict, this generally includes those convicted of corruption. The principle of imprisonment in lieu of a fine in Article 30 paragraph (2) is not found in Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption (Corruption Law) . However, so far judges have used Article 30 paragraph (2) of the Criminal Code as the basis for deciding on imprisonment in lieu of a fine for those convicted of corruption. The problem is that the equivalence formula for one day of imprisonment is the same as a fine of seven rupiah 52 cents for those convicted of corruption in Article 30 paragraph (2) is outdated when compared to the current rupiah value. This equivalence formula is difficult to achieve the minimum fine for those convicted of corruption in the Corruption Law. For example, if the minimum fine is 50 million rupiah. If to achieve the equivalence of the fine one has to multiply seven rupiah 52 cents by the number of days in the eight months of maximum imprisonment, then it will not be possible to achieve equivalence according to Article 30 paragraph (6) of the Criminal Code. This study finds the principle of judicial independence in the Indonesian constitutional state as a solution to the unclear meaning of Article 30 paragraph (2) of the Criminal Code while waiting for the article to be abolished by the National Criminal Code.

Legal Review Of Death Penalty Sanctions And Asset Forfeiture In Corruption Crimes Reviewed From The Perspective Of Justice

The crime of corruption in Indonesia is regulated by Law Number 31 Year 1999 on the Eradication of Corruption, which was later updated by Law Number 20 Year 2001. This research aims to legally discuss the application of death penalty and asset forfeiture in corruption cases, by considering the principle of justice. The research uses a normative juridical method, in which data is collected from various applicable legal regulations, and the results are presented descriptively-analytically. Although the death penalty is regulated in Indonesian positive law, until now its implementation in corruption cases has never been realized. As a result, the applicable law has not fully provided an adequate sense of justice for the state and the people harmed by acts of corruption. On the other hand, the Asset Forfeiture Bill (RUU) as an effort to recover state losses has been proposed. Asset forfeiture as an additional criminal offense is already regulated in Article 10 letter (b) of the Criminal Code. While the death penalty is the main punishment, both have different implementation procedures, but both aim to realize justice. Both the death penalty and asset forfeiture are expected to have a deterrent effect on perpetrators of corruption and reduce the number of corruption crimes in Indonesia.

ОБ УТОЧНЕНИИ ПОДСЛЕДСТВЕННОСТИ ПО УГОЛОВНЫМ ДЕЛАМ ЗА УНИЧТОЖЕНИЕ ИЛИ ПОВРЕЖДЕНИЕ ИМУЩЕСТВА ПО НЕОСТОРОЖНОСТИ

The article considers the actual problems of forming a correct legal conceptual and categorical apparatus used in Russian legislation regulating responsibility for activities that create increased danger to others. The methodological basis of the analysis carried out by the authors is the dialectic of legislative and law enforcement activities in their contradictory unity and the desire to achieve maximum meaningful purity of legal categories introduced into circulation, using the example of article 168 of the Criminal code of the Russian Federation. The authors propose specific formulations of the criminal law norm prescribed in article 168 of the Criminal code of the Russian Federation and their justification, which makes it possible to clarify the jurisdiction attributed to the competence of the investigators of the state fire supervision of the federal fire service of the State fire service of EMERCOM of Russia in criminal cases for the destruction or damage of property by negligence.