Criminal Law Provisions Research Articles

Об уголовной ответственности владельца за вред, причиненный домашним животным (собакой) третьим лицам

The laws of Russia and some foreign states have no special criminal law provisions that establish the liability of the owner for damage caused by his/her pet (dog) to third parties. The article reviews issues of qualification of such acts under the laws of Russia and foreign countries. A comparative analysis of laws of some foreign states and Russia that regulate the bases and procedure for bringing pet dog owners to the legal liability for damage caused by them to health of third parties has shown the unity of approaches towards strict legal liability including criminal liability of such owners in cases of gross violation of rules for handling their pets. At the same time, countries apply different approaches within their jurisdiction to solving the issue of specification of criminal laws applicable to the cases under consideration by singling out or refusing to single out special elements of crimes for violation of pet handling rules. The task of determination of legally relevant attributes of the link between the crime subject (dog owner), behavior of his/her pet and actions/inactivity of the victim seems relevant for the Russian criminal law practice.

Развитие уголовно-правовых норм о хищениях с использованием электронных средств платежа в эпоху цифровой трансформации: российский и зарубежный опыт

The article presents an analysis of foreign legislation regulating criminal liability for thefts committed using electronic means of payment. The features of foreign legislation are identified, on the basis of which the prospects for improving domestic criminal legal measures to counter the crimes in question are determined. The results obtained can serve as a basis for improving criminal law provisions providing for liability for thefts committed using electronic means of payment.

Some criminological indicators of land mismanagement

Based on official statistical sources, this article presents a long-term criminological analysis of the situation with land mismanagement in Ukraine spanning the period from 2002 to 2023. The author determines absolute, average and relative indicators, in particular, the rate and dynamics of crimes in this category. The total number of recorded crimes in the category under study (1,240 crimes), their average annual occurrence (56 crimes), and the average growth rate (22.9 %) are calculated. Employing a 5th degree polynomial function, a trend depicting the dynamics of these crimes is constructed. The chosen model aptly captures the development trend of the process with high precision (coefficient of determination R2 = 0.916) and facilitates the identification and characterization of four distinct periods, each reflecting the main trends of land mismanagement in Ukraine.
 A paradoxical situation is revealed by the analysis of the practical application of the criminal law provisions which have supplemented Art. 254 of the Ukrainian Criminal Code « Land Mismanagement» in accordance with Law of Ukraine No. 402-IX of December 19, 2019 « On Amendments to Certain Legislative Acts of Ukraine Regarding Improvement of Legislation on Mining of Amber and Other Minerals». Notably, no crimes were recorded under Part 2 of Article 254 of the Criminal Code of Ukraine (the primary corpus delicti). Conversely, 15 crimes were recorded under Parts 3 and 4 of Article 254 (qualifying elements of the crime). The author concludes that this correlation would be impossible in the case of objective recording of crimes, and it also underscores a noteworthy latent aspect of land mismanagement, in particular, deliberate evasion of mandatory reclamation of lands damaged in the course of pilot commercial development of amber deposits or amber mining under a special subsoil use permit, resulting in considerable damage. The conducted analysis holds an intrinsic value both for scientific research and for law enforcement, ensuring an appropriate information support base for countering land mismanagement, firstly, by providing a clear understanding of the current situation with this phenomenon. Furthermore, it lays the groundwork for the development of the relevant system of criminal preventive measures tailored to address this specific issue.

Deconstruction of Penal System Policy on Tax Law in Indonesia against Liability for Corporate Income Tax Evasion

The purpose of this study is to simplify legal policies in the Law on General Provisions and Tax Procedures by the values of Pancasila in technical and its implementation in the application of law and law implementation in tax crimes. Normative juridical research methods are processed qualitatively and descriptively, using sources of legal materials" secondary data" "primary" legal materials, and tertiary legal materials, laws, and regulations as rules or norms that become parameters of behavior. legal principles, as well as legal doctrines to answer growing legal issues. Such as the statute approach. Case approach, and conceptual approach. To achieve justice that is manifest in the imposition of criminal sanctions and can be implemented for perpetrators of tax evasion crimes, and focus on criminal purposes so that they can be held criminally accountable for their actions by the punishment given. The provisions in the special criminal law impose sanctions that are more severe than general crimes. At the same time as a consideration to answer the problem of how the deconstruction of the penal system policy on tax law in Indonesia against the criminal liability of corporate income tax evasion can be applied as a reference to make new legal constructions useful for the Indonesian state by deconstructing the diction or phrase of the criminal act of taxation and, technical management and separation of powers.

Analysis of Public Policy and Criminal Law in The Perspective of Consumer Protection for Online Loan Users in Indonesia

The development of online loan services or pinjol in Indonesia raises new problems in consumer protection. Many cases of fraud and misuse of customer personal data are very concerning. The government has not had specific regulations regarding online loans. The existing regulations are merely appeals and suggestions for fintech pinjol to conduct business responsibly. In fact, stricter regulatory and enforcement steps are needed to address the increasing violations that harm consumers. This study aims to analyze public policies and criminal law in the perspective of protecting pinjol consumers in Indonesia. This research uses a normative legal approach with statute and conceptual approaches. The results are expected to provide recommendations for more effective legal protection for online lending consumers in Indonesia, as well as enriching academic literature on fintech and digital consumer protection. The conclusion is that firmer public policy and criminal law provisions are needed to protect consumer rights in using online loan services which currently have weak legal protection.

Detention Of Suspects Under The Indonesian Criminal Law

The research aims to describe the provisions of Indonesian criminal law regarding the detention of suspects and to analyze the legal protection of suspects during detention in terms of Indonesian criminal law. This research is a normative legal research, which examines laws and regulations in a coherent legal system and legal values ??related to the detention of suspects in the study of Indonesian criminal law.
 The results of the study show that the provisions for detaining suspects are regulated in Article 1 point 21 of the Criminal Procedure Code of Criminal Procedure. While in detention, suspects can exercise their rights in accordance with articles 50 to 68 of the Criminal Procedure Code (KUHAP).l protection is always associated with the concept of rechtstaat or the concept of the Rule of Law because the birth of these concepts cannot be separated from the desire to provide recognition and protection of human rights. A suspect has rights at the time of detention that are guaranteed by law, such as the right to receive and read a Detention Warrant or a Judge's Order which lists the identity of the suspect or defendant and states the reasons for the detention and a brief description of the crime case being suspected or charged and the place where he is being detained in accordance with Article 21 paragraph (2) Criminal Procedure Code.

Развитие законодательства об уголовной ответственности юридических лиц в Республике Исландия

The article is devoted to the development of Icelandic legislation on criminal liability of legal entities. The internal and external factors that determined the inclusion of rules on criminal liability of legal entities in Icelandic legislation are analyzed. It is noted that initially the legislative establishment of criminal liability of legal entities occurred through the adoption of laws containing criminal law provisions providing for the liability of individuals and legal entities for certain types of crimes, such as the Law “On Air Transportation” of 1964. In 1998, in order to ensure unity of approaches to determining the criminal liability of legal entities by different legislative acts, the Icelandic Criminal Code was supplemented with a chapter “Criminal liability of legal entities”, the articles of which established general provisions on such liability for crimes both provided for in the criminal code and and other Icelandic laws. It is indicated that the criminal procedural procedure for bringing to justice is common to individuals and legal entities. In 2008, a new Criminal Procedure Law was adopted, which determined that a legal entity brought to criminal liability has the status of an accused and participates in the criminal process through its representatives.

Классификация как один из способов выявления основных направлений криминальной активности на финансовом рынке России

The article deals with the actual problems of determining the main directions of criminal activity in the financial market of Russia and establishes causal relationships with the criminal law provision of this sphere of legal relations. As a result of the analysis, the author identified new features of the main areas of criminal activity in the financial market, identified their qualitative features and identified a number of risks in the field of criminal law support of the financial market.

Organized crime in the global context: emerging threats and effective responses

The research paper outlines several issues related to the impact that the organized crime nowadays has on global community. Various issues of “group” criminality, its goals and motivations are discussed at length. The difficulty of precisely defining such phenomenon is explored. Two major pieces of international legislation, the United Nations Convention against Organized Crime and the EU Council Framework Decision 2008/841/JHA of 24 October 2008, are discussed in order to reveal some key parameters for introducing national criminal law provisions against organized crime. By using comparative and other research methods, American, Mexican and Ukrainian approaches to outlining issues of organized crime and responding to them are explained. As a role model, historical roots, structural model and impact of Mafia-type organizations in the United States have been outlined. Also, successful impact of the U.S. Racketeer Influenced and Corrupt Organizations Act on such types of criminal activity has been revealed. Finally, the structure of criminal community in Ukraine as a typical form of organized crime in this country has been described through the legal analyses of its five key elements.

Legal certainty: interrelation of criminal law and criminal procedure aspects

The article is devoted to the study of the problem of establishing the relationship between the criminal law and criminal procedure aspects of legal certainty. The author establishes that legal certainty within criminal justice is a dichotomous category, since it combines the requirements (rules) of criminal law and criminal procedure, and the category of legal certainty itself is a polymorphic construction in terms of content and essence, which gives grounds to consider legal certainty as a) a property of a rule of law; b) a principle of law; c) a requirement for a court decision; d) consequences (properties) of the legal force of a court decision; e) grounds for reversal of a court decision; f) a subjective right of a person to know what he or she is accused or suspected of; g) a criterion for realization of the legal status of participants to criminal law and criminal procedural relations. The criminal law manifestation of legal certainty relates exclusively to the properties of criminal law provisions and the relevant principle of criminal law, but it has a formative and guiding effect on criminal procedural manifestations of the principle of legal certainty and is interrelated with them. The author distinguishes three levels of legal certainty as a universal legal category of criminal law and criminal procedure law: normative (legislative), law enforcement and scientific (doctrinal). It is stated that legal certainty is not only a guarantee for an individual against arbitrary actions of the State within the criminal justice system, but also an opportunity for him/her to clarify his/her legal status within criminal law and criminal procedure relations, and to expect only predictable criminal law and criminal procedure consequences of actions of bodies and persons authorized by the State to apply criminal law response measures. If, as a result of legal uncertainty of criminal law provisions, a person does not understand the consequences of his/her behavior within criminal law relations, such a person will not be able to timely and adequately correct his/her behavior in order to change his/her legal status in accordance with the requirements of criminal law provisions. As a result, the law on criminal liability itself loses its regulatory value

Problems and Prospects of Administrative Prejudice in the Criminal Law of Russia

Introduction. The emergence and then increase during the current decade of the number of corpus delicti with administrative prejudice in the acting Criminal Code of the Russian Federation (hereinafter referred to as the Code, the Criminal Code of the Russian Federation) proves the good result achieved by the legislators in implementation of this legal construct of the Special part of the Code, as well as the efficiency of this tool in fulfilling the current policy of our state referring to the criminal law. Every year a number of such kind of corpus delicti in the Code is only increasing, which indicates the correctness of the policy taken by the legislators more than ten years ago on integrating it into the Code. The aim of the study is to identify the features and problems in the legislative design of the corpus delicti with the administrative prejudice in the Russian criminal law and to propose ways to optimize the corpus delicti of particularly this kind of offences.Materials and Methods. The methodological basis of the research are the provisions of the national criminal law, for which the corpus delicti with administrative prejudice are foreseen, studied both in historical and present day aspects, criminal laws of the near-abroad countries, as well as the scientific works of the researchers studying this topic. The following methodological tools have been used during the research: the general scientific, as well as some specific scientific methods, i.e., dialectical, system analysis, legalistic, comparative legal and other methods.Results. The historical and present day aspects of the administrative prejudice application in design of corpus delicti, the features of design of the corpus delicti with administrative prejudice and various variants of prejudice integrated by the legislators in the acting criminal law of the Russian Federation have been analysed. The legislative examples of the administrative prejudice application in some of the Criminal Codes of the CIS countries have been provided. The authors’ own standpoint regarding the presence of the corpus delicti with administrative prejudice in the Criminal Code of the Russian Federation has been expressed. The authors’ conclusions and suggestions on optimisation and expansion of such norms in the acting criminal law of the Russian Federation have been made. The tendency for the further increase of the number of corpus delicti with administrative prejudice in the acting Criminal Code of the Russian Federation has been supported.Discussion and Conclusion. The conducted research is considered important for the Russian juridical science due to the classification of the prejudices presented by the authors, which implies the availability of "classical" (simple) and "double" (complex) administrative prejudice in the corpus delicti. The amendments proposed by the authors to a number of provisions of the Special part of the Code, in particular, to Articles 180, 213, 330 of the Criminal Code of the Russian Federation about including the administrative prejudice, as a mandatory feature of the objective side of the above corpus delicti, are recommended to be used in further research of the corpus delicti with administrative prejudice

Prawnokarna ochrona przetargu w świetle zmian przepisu art. 305 Kodeksu karnego

The aim of the article is to present the instruments intended to ensure the correct preparation and conduct of tenders and other procurement procedures in the light of criminal law provisions. The author analyzes the current content of the provision of Article 305 of the Penal Code, penalizing behavior such as obstructing or disrupting tender procedures, especially in the context of issues relating to interpretation of the individual parts of these acts, which in turn had an undoubted impact on the provision’s application in practice, when it comes to the detection and prosecution of this type of crimes. In addition, the author discusses the changes in the provisions of Article 305 of the Penal Code, which took place in 2023, taking into account in particular the motives behind them, as well as the expectations regarding the effective and efficient application of this provision in the future.

The Attorney's Wiretapping Authority in Special Crimes and Military Crime Connection Cases

The authority in lawful interception in the legal norms in force, in Indonesia today, can be exercised by Law Enforcement Officials (APH) and State Intelligence (IN). APH includes the Police, the Attorney General’s Office, the National Narcotics Agency, and the Corruption Eradication Commission, while the only state intelligence agency that has authority is the State Intelligence Agency. The Attorney General’s Office in accordance with legal norms has the authority to investigate general crimes in accordance with the material provisions of the Criminal Code (KUHP), special crimes according to provisions outside the Criminal Code, and military crimes in accordance with the provisions of military criminal law after the formation of the Junior Attorney General for Military Criminals ( Jampidmil). The Attorney General’s authority is to handle specific criminal acts related to corruption, gross human rights violations, money laundering, insubordination, use of unlawful force, theft, embezzlement, and other violations of law involving military personnel. This study will discuss the wiretapping authority of the Attorney General’s Office when dealing with special crimes, namely corruption and military crimes connected with terrorism so that the difference in wiretapping procedures can be seen in the handling of these two different crimes at the stages of investigation and prosecution.
 Keywords: attorney general, lawful interception, investigation, corruption, military crime

Prawnokarne ujęcie eutanazji w Austrii – uwagi do orzeczenia austriackiego Trybunału Konstytucyjnego z 11.12.2020 r., G 139/2019

International organisations consistently refuse to take a stand on worldview issues, leaving relevant rulemaking to domestic legislatures. Therefore, it is the state’s privilege and responsibility at the same time to develop legal regulations in this field. Progress in medicine and steadily growing life expectancy have caused the issues of in vitro fertilisation, abortion and euthanasia to be of more import. On 11 December 2020, the Austrian Constitutional Court issued a judgment (in G 139/2019) which may be deemed groundbreaking for the admissibility of euthanasia in Austria. This ruling may also be significant for legal systems in other count ries. Therefore, this paper takes as its subject-matter the aforementioned judgment of the Austrian Constitutional Court. The objective was to analyse it and its legal effects. The research question was formulated as follows: what changes will the judgment of the Austrian Constitutional Court of 11 December 2020 in G 139/2019 bring in Austria’s criminal legal reaction to euthanasia? The article describes the provisions applicable in Austria which penalise crimes against life, presents the historical background of assisted suicide in Austrian law, analyses the ruling of the Austrian Constitutional Court, and draws final conclusions. The most important conclusions arising from the research are that one must continuously review whether the provisions of criminal law concerning crimes against life are adequate to the current reality and that the potential admissibility of euthanasia inextricably involves further changes to the law – the lawmakers would have to specify its legal conditions and regulate the procedure itself.

Wybrane praktyczne aspekty zwalczania wyłudzeń z tarcz finansowych

Government efforts to protect Polish companies in the face of the crisis caused by the COVID-19 pandemic involved implementing a programme of support measures called the Anti-Crisis Shield – a package of solutions prepared by the government aimed at preventing a coronavirus-induced crisis. The Anti-Crisis Shield includes five action areas. To ensure financial liquidity of companies, the government introduced an additional assistance package within the Polish Development Fund (PFR), the so-called PFR Financial Shield, supplementing the Anti-Crisis Shield. It was an assistance package for businesses, offered in the form of both refundable loans and subsidies, as well as partially non-refundable subsidies for micro, small, medium and large enterprises. The purpose of this paper is to evidence the shortcomings in those solutions which lead to abuse on the part of entrepreneurs, show examples of how features of criminal offences defined in the Criminal Code were satisfied, and indicate the situations in which the provisions of criminal law may assist in combating the aforementioned abuse.

Соотношение своевременности и обоснованности обвинения и условий правомерности избрания меры пресечения

A critical analysis has been made of one of the conditions for the legality of the use of preventive measures in criminal proceedings, which presupposes the priority of their election only in relation to the accused. Attention is drawn to the established understanding of this condition as an immutable postulate that does not cause critical assessments, to its indisputable obviousness for scientists and practitioners. At the same time, it speaks of a significant legal conflict, expressed by its inconsistency with the grounds for pre-trial criminal prosecution and leading to the vicious practice of bringing forward premature and not properly substantiated charges. It is argued that a two-stage applied technology for formulating criminal legal claims has become widespread in law enforcement practice, which boils down to bringing forward two different charges in time, volume, degree of proof and content: “pilot” and final. In order to properly understand the analyzed problems, the reasons for their occurrence are diagnosed, which are seen in the ill-considered transfer of a number of provisions of pre-revolutionary criminal procedural law into Soviet and modern legislation without their adaptation to the corresponding mechanisms of criminal procedural activity. As a result, a legal condition is called that links the possibility of using preventive measures with bringing charges against a person and is assessed as a normative anachronism subject to abolition. At the same time, it is proposed to choose a preventive measure on a general basis in relation to the suspect.

Mind Control and Abused-Related Suicide: The Criminal Justice Response to Intimate Partner Violence Against Women in China

Mind control is a new form of intimate partner violence. It involves the abuser verbally humiliating and intimidating his or her partner in order to increase his or her emotional dependence. The consequences are self-doubt or self-denial on the part of the abused person, fear of resisting the abuser, or even self-mutilation or suicide at the abuser's instigation. Recently, a Chinese court ruled in a case where mind control led to the suicide of his girlfriend, sentencing the defendant, Mu Linhan, to three years and two months in prison for abuse. This case brings the form of violence known as mind control officially into the public view. In this case, the court made a breakthrough in determining that a non-marital cohabitation relationship establishes a family member relationship, and recognized the causality of mind control on suicide. In recent years, China has effectively contributed to the protection of women's rights and interests through the Anti-Domestic Violence Law and criminal law. However, shortcomings in the law limit the ability of rules to combat domestic violence. China should introduce additional criminal law provisions on new forms of domestic violence and improve the scope of criminal law regulation of domestic violence offences.

Окремі питання санкції кримінально-правової норми

The sanction of an article of the Special Part of the Criminal Code of Ukraine reveals the legal aspect of criminal punishment. It determines the type and amount of punishment for a criminal offense. Depending on the degree and nature of the public danger, the sanction of a criminal law provision sets out what restrictions a person is subjected to, which may relate to specific personal, property, and other human and civil rights and freedoms provided for by the Constitution of Ukraine. The protection of human rights and freedoms is a priority for the state. The fight against crime is carried out through the imposition of punishment necessary and sufficient to reform the convicted person and prevent the commission of new criminal offenses. In the sanction of the article of the Special Part of the Criminal Code, the type and limit of punishment are established to achieve the goals set out in Article 50. Accordingly, the sanction should correspond to the social danger of the act, provide opportunities to individualize the punishment, consider the principles and general principles of sentencing, etc. The content of the sanction determines the achievement of the goals of punishment, including punishment, correction of the convicted person, and prevention of new criminal offenses. The degree of the socially dangerous act committed, the ability to individualize the punishment, considering the principles and general principles of sentencing, and being consistent with sanctions for crimes of a similar type and nature play an essential role in the design of sanctions. An analysis of the controversial issues is necessary to further improve the sanction of criminal law provisions. The issue of a large amplitude between lower and higher limits of punishment, lack of consistency in the central and qualifying elements of a criminal offense, and many main punishments in the sanctions for one criminal offense are discovered. Keywords: sanction of criminal law provision, crime, individualization of punishment, content of sanction, combating crime.

Smuggling under the Current Vietnamese Criminal Code and Several Solutions for the Law Reform and Law Enforcement

The provisions on smuggling in the Criminal Code 2015 (amended in 2017) have been improved to be more suitable for the country’s socio-economic situation, associated with the globalization as well as deep engagement of regional and global economy and trade. It has better met the requirements of the prevention of smuggling in current time. However, obstacles and limitations have been shown when applying provisions on smuggling in practice. In this article, the author clarifies several matters on smuggling crime prescribed in the Criminal Code for the law reform and ensuring the correct application of criminal law provisions on this crime.
 
 
 

Legal and Ethical Implications in Data Theft Cases in the Digital Era

This research explores the legal and ethical implications in cases of data theft in the digital era in Indonesia. In the context of globalization and digitalization, personal data protection is very important to maintain individual privacy. However, Indonesia still does not have specific laws regarding personal data protection, although preventative efforts have been made. Factors such as lack of legal awareness among the public, lack of security in internet use, lack of knowledge of law enforcement officials, and lack of legislation present challenges in protecting personal data. The importance of legal certainty in protecting personal data demands the ratification of the Draft Law on personal data protection in Indonesia. Other countries such as the UK and Malaysia have ratify and legalize personal data protection laws to provide legal certainty to their citizens. Personal data protection must follow constitutional principles and involve cooperation between legislative, judicial and executive powers. In the judicial process, the principle of lex specialis derogat legi generali applies, allowing specific laws to override general provisions in criminal law. With the existence of specific personal data protection laws, people will feel safer and their privacy can be guaranteed in the era of increasingly advanced digitalization.