Criminal Code Research Articles

The legal status of off-label preparations and legal aspects of their application in The Russian Federation

For many years, the medications "outside of instruction" (the so-called "off-label" ones) had no single-valued legal status in the Russian Federation and other countries that entailed number of problems. Most of them had to do with schemes and tactics of treatment of patient, impossibility of proper medical care support, legal responsibility of physician for applying medications outside of attached instruction. The important move in resolving mentioned problem became adoption of the Federal Law "On entering changes in the Federal Law "On Fundamentals of Health Care of Citizen in The Russian Federation" that became first step on the path leading to acquisition by "off-label" its legal status. The analysis of relevant normative legal acts, the Criminal code of the Russian Federation was carried out. The basic conclusions related to application of medications in medical institutions in Russia, to physician strategy in cases requiring application of of medications "outside of instruction" were formulated. In case of applying medications "outside of instruction" without informed voluntary agreement of patient, without utmost necessity, single-handed instead of decision of medical commission or in situations which could be managed without this kind of medications i.e. under unfounded risk the physician can be prosecuted since treatment with off-label medications is considered as insecure according to legislative base currently in force.

Gender-based sexual violence during the international armed conflict on the territory of Ukraine: problem statement

The article highlights the problem of gender-based sexual violence during the international armed conflict on the territory of Ukraine. Based on the analysis of international documents, customary international law, and scientific sources, it is shown that sexual violence and gender-based violence are distinct concepts. However, in the context of Ukrainian judicial practice under Article 438 “Violation of the Laws and Customs of War” of the Criminal Code of Ukraine, gender-based violence is exclusively sexual in nature and is expressed mainly in the form of gender-based rape. The doctrinal approach is supported, according to which the signs of sexual and gender-based violence are: 1) an act (an actual act), 2) coercion (an act committed against the person’s will), 3) a cause (determined by gender), 4) consequences (causing one or more types of harm or suffering to a person). The author identifies the signs of rape related to armed conflict arising from the Rome Statute of the International Criminal Court, the Elements of Crimes of the International Criminal Court, and customary international law. The actus reus of rape is that the perpetrator has assaulted the body of a person by committing an act that resulted in penetration, even minor, of any part of the victim’s or perpetrator’s body with a sexual organ, or penetration of the victim’s anus or vagina with any object or any part of the body; the fact that rape is a component of war crimes is determined by the presence of a specific situation (coercion by military personnel). The mens rea of rape is the need to establish the perpetrator’s awareness of the encroachment on the human body by committing an act that resulted in penetration; the perpetrator’s awareness of the circumstances of the act (use of force or threat of force, use of coercion, use of a coercive environment, inability of the person to give consent expressing his or her true will), including the absence of the victim’s consent.

THE STORY “ZINDAN” BY GAYAZ ISKHAKI IN THE LITERARY CONTEXT OF THE EPOCH

The classic of Tatar literature Gayaz Iskhaki was born in Kutlushkino (Yaushirma) village of Chistopolsky district in the family of a famous mullah who engaged in education and charity. First, he received knowledge, love for books and reading from parents and maternal grandmother and later in the day school of the village. He continued his studies in a famous in the Muslim world of Russia and the countries of the East madrasah of Zakir Kamalov, which not only produced future imams, hazrats, but also teachers for other madrasahs. This period of his life spent in Chistopolsky district laid the foundation for the worldview of the future writer and thinker and played an important role in shaping the personality of G. Ishaki. It was there, in the Chistopolsky prison, that the autobiographical novel "Zindan" was written, which testifies to his passion for revolutionary ideas and reflects the real facts from the life of the Chistopolsky prison. The autobiographical work "Zindan" is based on real events and provided with various historical and cultural facts and details from the literary life of the epoch. The text reflects the perception of current events by the writer who was the witness and an active participant in them. The novel "Zindan" was published in a separate edition in Kazan in 1907. Due to the humanity of the censor N.F. Katanov, the book was not confiscated and criminal prosecution against the author was not initiated. The interest of the Central Committee of Foreign Censorship of St. Petersburg manifested in 1908 in relation to the work of G. Iskhaki led to a thorough examination of the content of "Zindan" by another member of the Kazan Provisional Committee for Press Affairs N.I. Ashmarin in order to search for places with signs of "crimes". His review led to the decision of the Committee to seize Iskhaki's pamphlet "Zindan" because of the illegal content, bringing the author to criminal responsibility under the article 129 of the Criminal Code. The author of the article summarized the material on the period from the biography of G. Iskhaki spent in Chistopolsky district and revealed the great work of the scientific community of Tatarstan to return its literary heritage to the history of Tatar literature of the twentieth century. The interpretation of the story "Zindan" by various literary critics in the historical, cultural and literary context of the epoch showed that the story "Zindan" in the form of a prison chronicle introduced new ideological and thematic tones into Tatar literature and gave impetus to the rapid development of the autobiographical genre in Tatar literature being of high value as a historical source.

Konfigurasi Politik Atas Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana

This research focuses on examining the character of legal products in the Joko Widodo regime, one of which is Law Number 1 of 2023 concerning the Criminal Code. The problem in this study is that the political situation in a country greatly influences the formation of a law. The research method used in this research is normative legal research that examines legal issues and examines norms, as for what is studied in this study is the character of legal products of Law Number 1 of 2023. This research aims to answer (1) How is the political configuration of the presence of Law Number 1 of 2023 concerning the Criminal Code in law enforcement in Indonesia? (2) What is the character of legal products of Law Number 1 of Year 2023? This research concludes that the political situation can affect the formation of a law. A democratic political configuration will give birth to responsive legal products while an authoritarian configuration will give birth to legal products that are conservative or elitist. In this study, the author assesses Law Number 1 Year 2023 as a responsive legal product, the reform of the Criminal Code is a form of legal development aimed at answering the needs of society.

THEFT PUNISHMENT IN ISLAMIC LAW AND INDONESIAN CRIMINAL LAW: INITIATIVE FOR HARMONIZATION FROM THE PERSPECTIVE OF SHARUR’S BOUNDARY THEORY

This study seeks to find a formula on how Islamic law contributes to Indonesian criminal law reform, particularly in the imposition of theft, by utilizing Sharur's Boundary Theory (Naẓariyyah al-Ḥudūd). This field of research is considered imperative because the implementation of Supreme Court Regulation Number 2 of 2012 concerning Adjustments to the Limits on Misdemeanor Crimes and the Number of Fines in the Criminal Code (Misdemeanor Crimes) is felt to have not been maximized. This study uses normative juridical research methods, with descriptive-qualitative analysis. It can be deducted from this study that the theory of the boundaries of the ijtihad area determines the punishment in Islamic. The punishment for the crime of theft, the amputation of the hands mentioned in the Qur'an, is the maximum form of punishment. Thus, it is possible that there are punishment in other forms that fall under the category of cutting off one's hand, based on several verses of the Qur’an, including in Al-Māʾidah 5:38, al-Isrāʾ 17:33, al-Baqarah 2:178, and al-Nisāʾ 4:92. Even though this opinion may raise objections, for the purposes of reforming Indonesian Criminal Law, it is suggested that this opinion is still relevant for consideration. The study emphasizes the significance of understanding and considering Sharur's boundary theory for judges to make informed decisions in Sentencing.

KEBIJAKAN HUKUM PIDANA TERHADAP PELAKU YANG MELAKUKAN KEKERASAN DIHADAPAN ANAK

The current legal provisions do not yet regulate matters related to children's mental development, for example in cases of violent crimes where the position of children is as a witness. There have not been many studies on criminal law policies towards perpetrators who commit violent crimes against children. This research aims to find out the current policy formulation regarding perpetrators who commit crimes of violence in the presence of children using normative legal research methods which focus on research on the substance of the law, namely on the law currently in force (ius constitutum) and the desired law. aspire (ius constituendum). Regarding policies towards perpetrators who commit violence in front of children in future criminal law, whether in the Criminal Code, the Child Protection Law, the Law on the Elimination of Domestic Violence, the Human Rights Protection Law, the Victim Witness Protection Law, have not yet accommodated acts of violence committed by perpetrators in front of children. specifically (special article), for example, for this act there are criminal penalties that must be imposed on the perpetrator considering that the incident witnessed by the child greatly affects the child's mental health and it is possible that the child's mental health will become disturbed

Restorative Justice Settlement of Fraud Crime Case (A Case Study in The North Kuta Badung Police Sector)

Restorative justice is an approach in law enforcement that focuses more on recovery and reconciliation between perpetrators, victims, and the community rather than just imposing penalties to repair the social and emotional impact of criminal acts and rebuild damaged relationships. Settlement through restorative justice in its application there is still a conflict of legal norms between the Criminal Code and Perkap Number 8 of 2021 concerning handling criminal acts based on restorative justice in criminal law enforcement in Indonesia, this is because the article to ensnare the perpetrators of fraud is already available and only needs to be implemented, but the reality in the field is that there is still a vital justice approach, even though there have been peace efforts that should have stopped the investigation but the investigators are continuing because settlement through restorative justice cannot necessarily eliminate investigations and or investigations. The problem in this study is the settlement of restorative justice against fraud cases in the North Kuta Sector Police and the obstacles faced in the settlement through restorative justice against fraud cases

ANALISIS PENERAPAN SANKSI PIDANA TERHADAP MILITER YANG MELAKUKAN TINDAK PIDANA PERKOSAAN (PUTUSAN NOMOR: 35-K/PM III-17/AD/II/2022)

The analysis examines the criminal sanctions applied to a military officer convicted of rape in Decision No. 35-K/PM III-17/AD/II/2022. Under Article 285 of the Criminal Code, rape is a severe crime, and military personnel may face sanctions under the Criminal Code if their actions are not specifically addressed by military law. The research addresses two main issues: 1) Whether the criminal sanctions in this decision are consistent with Article 285, and 2) How criminal sanctions should be aggravated for a military officer found guilty of rape in this case. This normative juridical research, using descriptive analysis, concludes that the sanctions in Decision No. 35-K/PM III-17/AD/II/2022 do not align with Article 285. The judge should have imposed harsher penalties, taking into account the severity of the offense. The aggravation of criminal sanctions should have been guided by Article 52 of the Criminal Code, allowing for an increase of one-third of the original penalty.

Law Enforcement of Criminal Acts of Fraud Through Electronic Media by The Electronic Information Technology Law (UU ITE) in the Jurisdiction of The Karangasem Resort Police

Crimes caused by the development and advancement of information technology and telecommunications are criminal acts of fraud through electronic media. Karangasem Resort Police Investigators in law enforcement against criminal acts of fraud through electronic media use a legal basis based on Article 28 paragraph (1) of the ITE Law. There is a conflict of legal norms in law enforcement against the crime of fraud specifically where Article 378 of the Criminal Code carries a penalty of only 4 years while the crime of fraud through electronic media by disseminating invalid or false news to cause losses is regulated in Article 28 paragraph (1) of the ITE Law which carries a penalty of up to 6 years. For this reason, police investigators if there is a criminal act of fraud through electronic media must be able to dig deeper into the criminal act of fraud, whether the article imposed is sufficient to use the Criminal Code or can be conjoined with the ITE Law. The obstacles faced by investigators of the Karangasem Resort Police are motivated by the fact that there are still few law enforcement officers who understand the ins and outs of information technology (internet), limited facilities and infrastructure, and lack of public legal awareness in efforts to overcome criminal acts of information technology

Legal Analysis of the Interests of Legal Protection for Victims of Criminal Acts of Defamation Due to the Actions of Debt Collectors

This study analyzes the interests of legal protection for victims of criminal acts of defamation committed by debt collectors. Indonesian laws and regulations, such as the Criminal Code (KUHP) and the Electronic Information and Transactions Law (ITE), provide a legal basis for protecting victims, but significant challenges remain in law enforcement. Difficulties in providing evidence, lengthy legal processes, and a lack of understanding of legal rights reduce the effectiveness of existing protections. Inconsistent law enforcement is also a major obstacle. This study recommends simplifying the legal process, increasing access to legal aid, increasing legal awareness, and strengthening law enforcement to improve legal protection for victims

Juridical Review of Restorative Justice in The Case of Criminal Negligence Causing Death in The Gianyar Resort Police

In Article 5 and Article 6 of the Regulation of the Chief of Police of the Republic of Indonesia Number 8 of 2021 concerning Handling Crimes Based on Restorative Justice, some conditions must be met for a case to be resolved through restorative justice. This regulation emphasizes that not all criminal acts can be resolved through restorative justice. Settlement through restorative justice is not necessarily able to eliminate or stop an investigation and/or investigation in the Police, especially against article 359 of the Criminal Code because legal norms are blurring. for example, in the case of the Ayuterra Resort Owner and the Contractor, can be interpreted as who is most responsible for the breaking of the elevator / Inclinator rope which caused the death of 5 (five) employees because in one criminal event, it is not possible that both can be used as Criminal Offenders. Obstacles in the application of restorative justice experienced by the investigators of the Gianyar Resort Police on the crime of negligence that caused death, among others: There is no common perception of the application of articles 359 on negligence causing death among law enforcement officials regarding the handling of restorative justice for the best interests of the perpetrators of criminal acts of negligence causing death

Subjective signs of criminal offense provided by art. 374 of the Criminal Code of Ukraine

It is noted that in order to establish the content of the right to defense, it is necessary to examine the subjective signs of the criminal offense provided for in Art. 374 of the Criminal Code of Ukraine. It is emphasized that the subject of violation of the right to defense is special and clearly defined in Art. 374 of the Criminal Code of Ukraine - investigator, investigator, prosecutor, judge. The signs of a violation of the right to defense by a special subject have been determined. The prerequisites for the legality of a person occupying the position of inquirer, investigator, prosecutor, judge, as well as the peculiarities of the legal personality of a special subject of a criminal offense provided for in Art. 374 of the Criminal Code of Ukraine. The qualified composition of this criminal offense was analyzed. It was determined that the purpose and motive of the violation of the right to defense are not important for the qualification of a criminal offense under Art. 374 of the Criminal Code of Ukraine. It is noted that the absence of signs of a special subject in a person excludes the possibility of bringing him to criminal responsibility as the perpetrator of a crime that can be committed by a special subject, it is expedient to agree with those scientists who maintain the position that the issue of recognition of a person who is a general subject of a crime, a co-perpetrator of a crime with a special subject should be decided individually, based on specific circumstances, taking into account the specifics of the objective features (objective side) of the crime. The subject of violation of the right to protection is special, the characteristics of which are defined in Part 2 of Art. 18 of the Criminal Code of Ukraine, according to which the special subject of a criminal offense is a convicted natural person who committed a criminal offense at the age from which criminal responsibility can arise, the subject of which can only be a certain person. Taking into account the above, it can be stated that the inquirer, investigator, prosecutor, judge as special subjects are not only characterized by the features of a general subject, such as age and sanity, but also belong to persons with special legal personality - the ability of a person in to acquire a certain legal status and act as a bearer of the subjective rights and legal duties of an inquirer, investigator, prosecutor, judge.

PENINJAUAN KEMBALI KEDUA DALAM PERKARA PIDANA BERDASARKAN SURAT EDARAN MAHKAMAH AGUNG NOMOR 7 TAHUN 2014

The right of review is the right of the perpetrator, in contrast to ordinary legal remedies whose application is enshrined in Article 268 paragraph (3) of the Criminal Code. However, in SEMA Number 7 of 2014, a review can be submitted on the grounds that there is a conflict between the decisions. Through Decision 467 Pk/Pid.Sus/2021, the panel of judges decided that the application was unacceptable. From the description above, the author intends to analyze two main issues to be examined, namely whether the decision is in accordance with the Criminal Procedure Code, and whether the reason for the decision is not acceptable to the application. In this paper, the author conducts a descriptive analysis method. Based on the discussion presented in this paper, it is concluded that the decision is not in line with Article 79 of Law Number 14 of 1985 concerning the Supreme Court, using the reason that there is no contradiction submitted as evidences as required in SEMA Number 7 of 2014

Issues of Determining the Systematicity in the Qualification of Crimes

The article analyzes the issues of determining the systematicity in the qualification of criminal offenses. Based on the conducted research, the author concludes that there are no uniform criteria for determining the evaluation feature — systematicity, quantitative and temporal characteristics. The author shows that the systematicity is determined differently in different types of crimes, in particular in the article, in the note to the article or in the explanations of the Resolutions of the Plenum of the Supreme Court of the Russian Federation. The examples given in the paper show striking differences in criteria. So, systematic can be suitable: at least once, more than twice, or three or more times. By time, this may be at least once a quarter, during the year, during the period of the prescribed measures, or there are no specific time limits. The use of analogy according to the norms of the Criminal Code of the Russian Federation is prohibited, and there are not always norms defining the criteria for the qualification of evaluative concepts. The conducted research allows us to conclude that it is necessary to develop unified approaches to the interpretation of the norms of legislation on systematization and their consolidation in criminal legislation.

Неправомерное завладение имуществом вкладчиков: актуальные направления совершенствования уголовного запрета, предусмотренного ст. 172.2 УК РФ

The article summarizes results of studying criminal liability for organization of activities aimed at raising funds and/or procuring other property (Art. 172.2 of the Criminal Code of the Russian Federation). The paper analyzes Russian criminal laws on liability for illegal possession of property of depositors. The author has developed proposals for improvement of the constituent elements of a crime stipulated by Art. 172.2 of the Criminal Code of the Russian Federation, relevant areas of combating illegal possession of property of depositors.

Некоторые правовые и организационные основы проведения оперативно-разыскного мероприятия «оперативное внедрение» при противодействии незаконному обороту наркотиков

Purpose: based on the analysis of the legal and organizational foundations of the operational investigative event "operational implementation", to reveal the essential feature of operational implementation; to show the importance of compliance with the conditions established by law for its implementation and to reveal some legal mechanisms for recognizing drug trafficking as legitimate during operational implementation in order to combat drug trafficking. Research methods: comparative legal, dogmatic, analysis of judicial practice, description. Conclusions: it is substantiated that the main essential feature of operational implementation is the permission to commit, in cases provided for by law, by the person being introduced as part of a drug community or in a personal capacity, acts in order to complete a task that objectively (formally) fall under the signs of acts provided for by a Special part of the Criminal Code of the Russian Federation. An obligatory sign of the legality of operational implementation, the conduct of which is objectively associated with a violation of a criminal law prohibition, is a resolution approved by the head of the body carrying out operational investigative activities. Scientific and practical significance: the possibility of using as a legal basis the recognition of acts committed by an embedded person as part of a drug community or in a personal capacity in order to complete a task, the provisions of legislation on necessary defense, on narcotic drugs and psychotropic substances, on the status of military personnel, on service in internal affairs bodies and on service in the penitentiary the system, as well as active repentance.

Особенности возбуждения уголовных дел по налоговым преступлениям, предусмотренным статьями 198 и 199 УК РФ

The article analyzes the peculiarities of the initiation of criminal cases on tax crimes. It is noted that if the facts of nonpayment of taxes by the taxpayer’s counterparties with signs of fictitiousness are revealed, the head or other officials of the taxpayer organization can be held liable for tax evasion (Articles 198, 199 of the Criminal Code of the Russian Federation) only if there is evidence of their collusion with individuals controlling the counterparty or evidence of the counterparty’s control over the head or other officials of the taxpayer organization. In the case of establishing the fictitiousness of an intermediate link, it is necessary to establish who actually exercised control over such a link, where the funds were sent, as well as other circumstances that may contribute to the identification of the final beneficiary. The conclusion is formulated that the initiation of criminal cases after full payment of taxes is not allowed. Timely payment of the additional amounts excludes bringing a person to criminal responsibility. The initiation of a criminal case, which generates unjustified threats to a person, his rights and freedoms, is disproportionate to the consequences in the case of full compensation for the damage caused to the budget system.

О совершенствовании норм об уголовной ответственности за нарушение правил охраны и использования недр

The article discusses the need to modernize Article 255 of the Criminal Code of the Russian Federation. Based on an analysis of legislation, scientific literature and judicial practice, the author proposes to adjust Part 1 of Art. 255 of the Criminal Code of the Russian Federation, supplementing the norm with socially dangerous consequences in the form of «harm to health» and «other grave consequences».

Хищение цифрового рубля: особенности квалификации

The paper performs a system analysis of algorithms of qualification of embezzlements, the subject of which is the digital ruble. The author uses methods of generalization, modeling and analogy to review the legal status of the digital ruble, special aspects of its circulation and develop a set of criteria to demarcate this concept from the ones that are similar in terms of constituent elements: theft from a bank account (Clause d of Part 3 of Art 158 of the Criminal Code of the Russian Federation) and fraud with the use of electronic payment means (Art 159.3 of the Criminal Code of the Russian Federation).

TINJAUAN YURIDIS KASUS KEBAKARAN LAPAS KELAS 1 TANGERANG DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA MENURUT UU NO. 39 TAHUN 1999 TENTANG HAS ASASI MANUSIA

The safety guarantee of the right to life for prisoners in correctional institutions (“lapas”) is often neglected, even though it is the responsibility of the state. One of the cases that occurred was the alleged negligence of government officials in the management of facilities and infrastructure in prison, such as the fire that occurred in Correctional Institutions Class 1 Tangerang on September 8, 2021. The problems of this article are: whether there is a violation of human rights in the case of fire in Correctional Institutions Class 1 Tangerang? This article is a normative legal research, descriptive in nature, using secondary data, and deductive inference. The Result and conclusion obtained is that there was a violation of human rights due to the negligence of several prison officers which then caused a fire and resulted in casualties. Related to the case, four prison officers were charged under Articles 359 and 188 of the Criminal Code with a prison sentence of up to five years. Improvement and revitalization of prisons are also needed so that the safety of prisoners in prison can be better guaranteed.