Criminal Code Research Articles

Characteristics of Executive Acts of Bribery Under Art. 301, Para 1 and Under Art. 304, Para 1 Of Criminal Code

Characteristics of Executive Acts of Bribery Under Art. 301, Para 1 and Under Art. 304, Para 1 Of Criminal Code

Features of termination of criminal cases under Art. 264 of the Criminal Code of the Russian Federation in connection with reconciliation of the parties

In the article the author reveals the questions about the specifics of termination of criminal cases under Art. 264 of the Criminal Code of the Russian Federation (CC RF). A detailed analysis of the conditions and procedural order of reconciliation of the parties is carried out, as well as the legal consequences of this process are studied. In addition, problematic aspects, contradictions arising in connection with the reconciliation of the parties in the context of Art. 264 of the Criminal Code of the Russian Federation are identified and discussed. The author also offers ways of their possible solution.

Problems of legal regulation of the norm on occupation of the highest position in the criminal hierarchy

The publication is devoted to the critical analysis of the structure of the corpus delicti stipulated by Article 210.1 of the Criminal Code of the Russian Federation (CC RF). Based on the results of the review of the norm the authors conclude that there is no act in it, which violates the basic provisions of criminal legislation. In the current construction of the corpus delicti the moment of its termination in practice is shifted to the beginning of the norm. The correlation of the act provided for by part 4 of article 210, article 210.1 of the Criminal Code of the Russian Federation is argued. The boundaries of these crimes are indicated. It is argued that gradual adaptation leads to smoothing of legal defects of the composition, but this process is not able to solve all problematic aspects of Art. 210.1 of the Criminal Code of the RF.

АНАЛИЗ ДЕЯТЕЛЬНОСТИ ОРГАНОВ ДОЗНАНИЯ ГОСУДАРСТВЕННОГО ПОЖАРНОГО НАДЗОРА ФЕДЕРАЛЬНОЙ ПРОТИВОПОЖАРНОЙ СЛУЖБЫ ПО ОСУЩЕСТВЛЕНИЮ ДОЗНАНИЯ ПО ДЕЛАМ О ПОЖАРАХ ЗА 2023 ГОД

The authors show the statistics of the work of the state fire supervision authorities of the EMERCOM of Russia for 2023. The article reflects statistics on the number of accepted reports of crimes, considered reports of crimes, on the number of criminal cases on fires under articles 168, 219 and 261 of the Criminal code of the Russian Federation. Data on the number of suspended criminal cases on fires, solved criminal cases on fires, the amount of property damage in fire cases in 2023 are shown. The authors show typical violations in the investigation of criminal cases on fires.

The Regulation on Sexual Harassment in ASEAN Workers: Evidence from Several Countries

Despite the existence of numerous laws and regulations that govern policy arrangements for the management of sexual harassment cases, victims still lack access to justice. This research examines the rules governing the management of sexual harassment cases in the workplace, with a particular emphasis on ASEAN member countries. This research employs normative juridical methods, which include statutory, conceptual, and comparative approaches. The research results show that, despite the existence of the 1955 Employment Law and Criminal Code in Malaysia, the incidence of sexual harassment continues to rise. To address this issue, it is critical to involve all employees in the development, execution, and oversight of workplace policies. Second, Singapore's primary law for dealing with sexual harassment, the Protection from Harassment Act, is accompanied by an employment law. Nevertheless, there are apprehensions regarding the inadequate remedies, uncertainty, and statutory protections against harassment, particularly in the workplace. Third, Indonesia has implemented numerous laws and regulations to manage sexual harassment cases. However, the government still faces challenges, such as an incomplete and insufficient legal framework, which results in victims being denied justice. Fourth, the effective implementation and protection of women's rights necessitate a comprehensive approach that considers cultural sensitivities, regional dynamics, and international norms to reconstruct sexual harassment regulations in ASEAN countries. As a result, it is critical to establish an anti-sexual harassment organizational culture and restructure sexual harassment regulations to protect victims' rights.

Уголовная ответственность за преступления против половой неприкосновенности и половой свободы личности несовершеннолетних: требуются единые подходы

Introduction: the article analyses criminal legislation on liability for crimes against sexual inviolability and sexual freedom of minors, formulates proposals for improving the relevant Articles of the Criminal Code of the Russian Federation. Materials and Methods: the study used dialectical-materialistic, logical, historical, system-structural, comparative-legal, statistical methods. The sentences of courts on crimes under Ch. 18 of the Criminal Code of the Russian Federation for the last three years were analysed. Results: as a result of the analysis the author made suggestions for improvement the Articles of Ch. 18 of the Criminal Code of the Russian Federation. Discussion and Conclusions: the proposed changes in criminal legislation will contribute to further differentiation of criminal liability for crimes against sexual inviolability and sexual freedom of minors, individualization of criminal punishment imposed on guilty persons.

Impact of Criminal Code’s Articles 263 & 264: A Critical Look at Press Freedom and Human Rights

The public, human rights advocates, and media practitioners have engagedin significant debate regarding Articles 263 and 264 of the new CriminalCode (KUHP). These articles establish laws that criminalize spreadingfalse news that could cause social unrest. The punishments for spreadingsuch information vary depending on the severity and intention behind itsdissemination. Articles 263(1) and (2) differentiate between intentionallyspreading false information that the perpetrator knows is untrue andspreading information that is reasonably believed to be false. The punishmentfor this offense can be imprisonment for up to six years or a maximumfine of category V. Article 264 specifically addresses the act of spreadingfalse information that the perpetrator knows is untrue. Meanwhile, Article264 specifically addresses the act of spreading ambiguous, exaggerated,or incomplete news. Those found guilty can face a maximum penalty oftwo years in prison or a category III fine. This study utilizes normativelegal methodologies, which include statutory, conceptual, comparative,and futuristic approaches. The research design is characterized by bothdescriptive and prescriptive elements. Content analysis was conductedto evaluate the collected data. The study’s findings illustrate that theprimary objective of Articles 263 and 264 of the new Criminal Code is tomaintain public order and deter riots that may arise as a consequence of thedissemination of incorrect information. Nevertheless, these provisions havebeen criticized for their potential to be used as a means to suppress pressfreedom and limit public expression, both of which are fundamental aspectsof democracy and the protection of human rights. Concerns have beenraised about the potential impact of the implementation of these articles onthe protection of press freedom as guaranteed by the Press Law.

Values of protecting human rights in criminal procedural code of le dynasty in Vietnam

Values of protecting human rights in criminal procedural code of le dynasty in Vietnam

"Retail Sale" as a Mandatory Feature of the Objective Side of Illegal Retail Sale of Alcoholic and Alcohol-Containing Food Products: Issues of Interpretation and Application

The paper, based on a systematic analysis of Russian legislation, provides an interpretation of the act known as “retail sale” as a mandatory feature of the objective side of the crime provided for in Article 171.4 of the Criminal Code of the Russian Federation. The problems generated by the current wording of the disposition of the norm in question are identified. The specific characteristics of the sale are emphasized and its retail nature is described in accordance with the provisions of industry legislation. Based on existing points of view and personal vision, the author proposed an adjusted definition of the term “retail sale” in relation to Note 1 to Article 171.4 of the Criminal Code of the Russian Federation. In order to bring to criminal liability persons who have committed the “wholesale sale” of alcoholic and alcohol-containing food products, it is proposed to expand the scope of the analyzed norm by amending the disposition of the article and the note to it, formulating the act as “sale”. It is indicated that it is necessary to recognize a transaction as fictitious in cases where the sale of alcoholic and alcohol-containing food products is disguised as a gift transaction.

Electronic evidence in the criminal process

Abstract In a criminal process, the evidence constitutes one of the most important components of the burden of proof. In today’s reality, where technological devices and information technology are undergoing an unstoppable development, electronic evidence in the criminal process is increasingly reflecting a great practical importance, which directly affects not only the investigation and trial of criminal offenses in the field of cybernetics, but also in the discovery of all criminal offenses provided for in the Criminal Code of the Republic of Albania. Unlike the classic evidence provided expressly and in detail by the criminal procedural law, the provision in this legislation of electronic evidence is special, borrowed almost completely from the content of the Budapest Convention and which has as a distinguishing characteristic a generalizing provision and at the same time is open to include a wide range of evidence, in the variety of electronic evidence. However, despite this good forecast, due to the characteristics of electronic evidence, the lack of individuals who have specialized knowledge for obtaining and securing them, with the ultimate goal of using them in the criminal process of evidence, remains a challenge. Thus, with the focus on creating a clear picture about electronic evidence in the criminal process, this manuscript will analyse the current legal provision of electronic evidence in Albania, the efficiency of this provision in practice, including identifying characteristics of electronic evidence, the principles of electronic evidence, as well as the process of obtaining and securing them as usable during the criminal process.

Inisiasi Pembekalan Beladiri Praktis Sebagai Sarana Non-Penal Terhadap Ancaman Kekerasan Seksual di Lingkungan Kampus

The threat of sexual violence in Indonesia, which is getting worse day by day, has become an urgency for all levels of society in Indonesia. Inappropriate legal interpretations in society often raise big question marks about the protection of victims of sexual violence. Therefore, how is forced defense (noodwear) implemented as a reason for abolition of criminal penalties in Indonesia? At the same time, how is Article 49 paragraph (1) of the Criminal Code applied to crimes of morality? To solve this problem, it is not only the government that must intervene. However, people must also have self-defense, for example through practical self-defense movements that can protect themselves, but do not kill the perpetrator so that the victim does not go too far in defending himself. How to implement practical self-defense movements in an effort to protect victims of sexual violence? This is the problem we will examine to provide a solution. In this way, it is hoped that this effort will be able to produce an in-depth study regarding the protection of victims of sexual violence and how to apply practical self-defense to protect themselves when victims experience an act of sexual violence.

Studi Tentang Manfaat Perumusan Ancaman Pidana Mati dalam Beberapa Kualifikasi Tindak Pidana Berat

This study aims to determine the benefits of the formulation of the death penalty threat in several qualifications for serious crimes. The type of writing used in this writing is normative juridical writing using a statute approach. This type of writing is descriptive and analytical. The main sources of data for this research are the 1945 Constitution, Law No. 15 of 2003, Law No. 8 of 1981, and Court Decisions. Data analysis was carried out qualitatively. The findings of this study are that terrorist crimes, narcotics, and psychotropics are threatened with high and severe penalties with the possibility of the maximum sentence of the defendant, namely the death penalty in addition to imprisonment and fines. Considering that terrorist crimes, narcotics, and psychotropics are included in special types of criminal acts, criminal threats against them can be imposed cumulatively by imposing 2 types of main crimes at once. In the Criminal Code, the imposition of two main sentences at once is not possible so that no punishment is imposed in the form of imprisonment and a fine because the Criminal Code only requires one of the main crimes. However, as a special criminal act, for narcotics and psychotropic crimes, the judge is allowed to sentence the defendant with two main crimes at once, which are generally in the form of the death penalty, life sentence or prison sentence with the aim that the punishment burdens the perpetrator so that the crime can be tackled in the community

THE CONDITIONS OF CRIMINAL LIABILITY OF THE LEGAL PERSON

In this article I tried to summarize essential aspects regarding the criminal liability of the legal person. People can be involved in criminal legal relations, both individually and organized according to the law in the form of legal entities. One of the subjects of criminal liability according to the Criminal Code in force is the legal person. Since it is an active subject of the crime different from the natural person, naturally the conditions for the existence of his criminal liability are also different. Also, the legal person attracts a distinct form of liability, with specific features, which is subject to its own rules, separate from those applicable to the natural person. However, like the natural person, the legal person is subject to compliance with the fundamental principles of criminal law. The legal person participates as a distinct legal subject in the most varied legal relationships: civil, commercial, financial, administrative, banking and criminal. The introduction into Romanian criminal law of the criminal liability of the legal person took place through Law no. 278/2006, amending the Criminal Code from 1968. Currently, the Criminal Code in force dedicates Title VI to this legal institution entitled "Criminal liability of the legal entity". I chose this theme considering the challenges it entails and the issues it raises. I tried to answer some of them, such as the premises of the criminal liability of the legal person, showing how the criminal sanction was reached from the historical perspective of the legal person, I then explained the necessity that determines the regulation of such liability in criminal law, I explained the notion of a legal person, I have shown the conditions under which the criminal liability of the legal person is engaged and the way in which legal persons are sanctioned from a criminal point of view. I also presented a case in which the criminal prosecution of this subject of criminal law is practically illustrated.

Police reforms in India: A Human Rights Concern

Abstract The police, an integral component of the justice system, are primarily tasked with maintaining law and order, particularly through the enforcement of criminal codes. According to the Royal Commission on Police Powers and Procedures in 1929, a policeman is an individual employed by the state to perform duties that, if desired, could have been undertaken voluntarily. Today, the term “police” refers to the civil executive force of a state entrusted with maintaining public order and enforcing regulations for crime prevention and apprehension. In contemporary times, the role of the police extends beyond crime prevention and detection to encompass various welfare activities such as assisting in traffic management, crowd control at public gatherings, aiding fire brigades and flood rescue operations, and resolving minor disputes among the public. However, this paper does not solely focus on the definition of the police. Instead, it provides an overview of police reforms in India, highlighting the challenges faced by the Indian police system and proposing solutions to address these challenges. Additionally, it explores the legal standpoint on police reforms. Keyword– Indian Police, Public Order, Royal Commission, Criminal Codes, Traffic Management

RECIDIVISM – A FORM OF MULTIPLE OFFENSES

The notion of multiple offenses is regulated by the current Criminal Code in Title II concerning the offense, Articles 38-45, and encompasses three forms: the concurrence of offenses, recidivism, and intermediary plurality. Among these forms, recidivism is regulated by Article 41 of the Criminal Code. According to this article, "recidivism occurs when, after a final conviction to a prison sentence of more than one year and until rehabilitation or the expiration of the rehabilitation term, the convict commits a new offense with intent or aggravated intent, for which the law prescribes a prison sentence of one year or more. Additionally, recidivism also occurs when one of the penalties is life imprisonment." (Florin Streteanu, 2010). The issue of recidivism generates interest in the current landscape due to the enormous expenses incurred by the justice system in this regard and the consequences this phenomenon has on society. The public perception of recurring criminal behaviors and prolonged sentences is associated with a reduction in the chances of social reintegration for inmates.

호주의 불법 마약 관련 법과 통제정책:한국과의 간략한 비교

This paper provides a comprehensive overview of Australian drug laws, highlighting the evolution of laws from the late 19th century to the present, and comparing them with South Korean drug policies. It begins by exploring the historical context of Australian drug laws, highlighting the shift from minimal intervention in the late 19th century, characterized by the widespread use of drugs like opium and morphine, to more stringent drug control policies in the early 20th century. This change was influenced by international developments and domestic concerns, notably racial prejudices and the rise of international drug conventions. The paper then delves into the legal frameworks governing drug offences in Australia, explaining the interplay of federal and state laws. It outlines the specific provisions and penalties, with an emphasis on the Criminal Code Act 1995(Cth) and the definitions of serious drugs. A detailed examination of drug offences under Federal law is provided, including distribution, production, import-export and possession offences, along with their respective penalties. Furthermore, the paper discusses the enforcement and prosecution of drug laws in Australia, detailing the roles of law enforcement agencies, the prosecution process, and the judiciary's role in interpreting and applying these laws. It also highlights the shift in Australian drug policy towards harm reduction and public health approaches. This section includes case studies of harm reduction initiatives in Australia. A notable aspect of the paper is the comparison between Australian and South Korean drug laws, elucidating their similarities and differences. While both countries adopt a strict stance on illicit drugs and have similar drug classification systems, they differ in their approach to personal use and possession, harm reduction focus, legal status of cannabis, and cultural perceptions of drug use. The paper concludes by emphasizing the complexity of drug legislation and policy in Australia, shaped by international conventions and domestic priorities. It notes that Australian drug laws strike a balance between prohibition, control, and public health, providing valuable insights for international audiences. The paper also recognizes the dynamic nature of Australian drug law, suggesting that its evolution could significantly influence global drug policy, especially with emerging challenges like synthetic drugs and online drug trafficking.

ISSUES OF IMPROVING THE INSTITUTION OF JUDICIAL FINE

The purpose of this article is to consider issues of improving the institution of a judicial fine in the Russian criminal law. The authors consider the similarity in name with other institutions and the direct connection with the provisions of Article 46 of the Criminal Code of the Russian Federation. The authors present different views on the conceptual apparatus of the problem under consideration and its limitation from similar definitions in the field of civil procedure, and also make proposals to change the name for a clearer differentiation. The prospects for reforming the judicial fine in the context of improving criminal legal mechanisms are discussed. Conclusions: It is proposed to establish restrictions on exemption from criminal liability in connection with the imposition of a court fine and the termination of criminal prosecution. These restrictions are proposed to be extended not only by category of crime, but also by the object of the crime, as well as by the nature and degree of public danger. That is, it is proposed to exclude the possibility of applying a judicial fine for certain crimes provided for by individual articles of the special part of the Criminal Code of the Russian Federation.

JURIDICAL REVIEW OF LAW ENFORCEMENT OF THE MEDICAL CODE OF ETHICSQAGAINST THE DOCTORWHO COMMITS MALPRATIC ACTS MEDICAL

Formulation in this research is: (1) Indonesian Medical Code of Ethics? (2)Judges Considerations in Deciding Case Tagainst Doctors Who Commit Medical Malpracticebased on Decision Number1441/Pid.Sus/2019 /PN.Mks?. The method used is qualitative descriptive with data sources obtained from laws, books, journals and related articles. The results of this research are: In relation to violations of the code of ethics, in health law there are several ethical theories that can be used as a basis for consideration in making a decision to violate the code of ethics for the medical profession. There are three types of ethical theories that are widely known in the health aspect: Classical Ethical Theory, value ethical theory, Contemporary Ethical Theory. Decision 1441/Pid.Sus/2019/PN. Max. regarding malpractice, the perpetrator was acquitted by the judge, the perpetrator was charged with Article 79 letter c in conjunction with Article 51 letter a of Law Number 29 of 2004 concerning Medical Practice and Article 360 ​​paragraph (1) of the Criminal Code, because it was based on the chronology of events, documentary evidence, witness statements and the defendants statement. in this case it has fulfilled the elements contained in the statutory regulations.

CULPABILITY IN POLISH CRIMINAL LAW – A PRINCIPLE OR A RULE?

The present article attempts to determine whether culpability, commonly considered a principle of criminal law, actually meets the characteristics of a norm as a principle in the light of the German legal theorist R. Alexy’s theory of legal principles, or perhaps it is a norm as a rule. At the outset, the author hypothesises that the norm embodied in Article 1(3) of the Criminal Code is indeed a legal principle. Then, he presents Alexy’s aforementioned theory in detail and goes on to discuss the concept of culpability. Advocating the comprehensive normative theory, he defines culpability and indicates its necessary elements – the psychological one and the normative one. In the further part, he presents two selected cases in which the so-called fiction of culpability is adopted (criminal liability in the case of unconscious unintentionality, i.e. negligence, and the situation described in Article 31(3) of the Criminal Code). They confirm the hypothesis put forward and, at the same time, make it clear that the norm provided for in Article 1(3) of the Criminal Code is indeed a principle as understood by R. Alexy.

IMPROVING THE LEGISLATION OF THE RUSSIAN FEDERATION IN THE FIELD OF COMBATING CRIMES ARISING FROM MARRIAGE AND FAMILY RELATIONS

The article examines the features of crimes arising from marriage and family relations, and examines modern forms and methods of combating them. Based on the analysis of these forms and methods, problems of preventing and combating crimes arising from marriage and family relations are identified; it is concluded that the main problem is the presence of gaps in the current legislation regulating the area of ​​legal relations under consideration. The authors propose ways to solve the problems of combating crimes arising from marriage and family relations, one of which is the introduction of amendments to the current legislation of the Russian Federation. In conclusion, the authors conclude that crime in the sphere of marriage and family relations cannot be completely eliminated, however, the measures proposed by the authors to combat it can help reduce the rate of its spread in Russian society. Purpose and methods. The purpose of the study is to identify problems of preventing and combating crimes arising from marriage and family relations, and to propose ways to solve them. To achieve this goal, the dialectical method of cognition was used within the framework of the study, providing a scientific approach to the study of phenomena. Results. The main problems of the legislation of the Russian Federation in the field of combating crimes arising from marriage and family relations have been identified. To increase the effectiveness of the fight against crimes arising from marriage and family relations, ways to improve criminal and family legislation have been proposed. Conclusions. 1) The need to consolidate at the legislative level the concept of “domestic violence” within the framework of the adoption of the federal law on the prevention of domestic violence; 2) consolidating at the legislative level the concept of actual marital relations with a view to possibly classifying their participants as subjects of crimes arising from marital relations; 3) expanding the content of the term “persons close to the victim”, found in the Criminal Code of the Russian Federation, by including in it all persons living in the same premises with the person who committed the crime and leading a joint household.