Criminal Law Research Articles

The Release of Convicts from Imprisonment for their Participation in Military Actions

The paper analyzes the problem of discrediting the institution of pardon through the mass release of convicts from criminal liability (from serving a sentence of imprisonment) to participate in military operations and the risks of unfavorable development of the criminal situation created as a result of this practice. There is a need for proper legal regulation of the exemption from criminal liability of persons for their participation in military activities. The point of view is defended that it is more preferable to adjust the provisions of criminal law institutions (postponement of serving a sentence or parole), rather than the constitutional and legal (primarily) institution of pardon. It is indicated that it is possible to reduce the risk of recidivism by fixing some restrictions on the application of the rules on exemption from liability for convicted persons (for example, specifying specific articles, the conviction of which will prevent release, and/or regulating the actual serving of part of the sentence differentially, depending on the category of crime). It is noted that it is necessary to exclude the practice of releasing from punishment persons who have committed the most socially dangerous acts: murders with aggravating circumstances, intentional infliction of serious harm to health, rape or violent acts of a sexual nature (especially against minors), etc. It is recognized impossible to create a legal mechanism that makes it possible, on the one hand, to quickly reinforce the military with persons serving sentences in the form of imprisonment, and on the other hand, to exclude the possibility of their committing crimes both during military operations and after their termination.

AS TEORIAS SOCIOLÓGICAS CRIMINOLÓGICAS E SEUS REFLEXOS NO DIREITO PENAL: UM ESTUDO COMPARATIVO DASTEORIAS DO CONFLITO E DO CONSENSO

This work analyzes the intersection between consensus theory and conflict theory in the context of criminal law, highlighting its main characteristics and practical implications. The justification for choosing this topic lies in the need to understand how these theories influence the formulation of criminal laws and the treatment of criminals in a society marked by social inequalities. The objectives include examining the divergences and similarities between both approaches, as well as discussing their implications for criminal justice. The methodology used was a bibliographic review of fundamental works by authors such as Quinney, Zaffaroni and Foucault, aiming for an in-depth understanding of the theories. The main results indicate that, although consensus and conflict theories present opposing views on the role of criminal law, they also share similarities that can contribute to the construction of a fairer criminal system. It is concluded that integrating elements from both approaches can provide a more comprehensive understanding of social dynamics and the effectiveness of criminal laws, favoring the protection of human rights and social inclusion.

Our resolutions and their causes: Twardowski on free will in ethical and legal contexts

AbstractThe paper aimed to reconstruct Twardowski's approach to the problem of free will and his analyses of the consequences of various solutions to this problem in ethics and criminal law. According to Twardowski, if we understand ‘free will’ as the possibility of making resolutions other than actually made, then (most probably) nobody has free will. Our resolutions are determined by a set of mental dispositions (character) and incentives that activate these dispositions. However, the existence of freedom of will such understood is not a necessary condition for the correct functioning of ethical systems or criminal law. On the contrary, ethical systems and criminal law seem to assume that at least some of our resolutions are determined by our relatively stable dispositions. Only then can these resolutions and the actions that follow them be ascribed to certain agents. Twardowski's views on free will are presented here in the context of the metaphilosophical positions of the Lvov–Warsaw School, the central European branch of analytic philosophy. His position is also juxtaposed with Brentano's view of free will and Łukasiewicz's approach to the determinism/indeterminism debate. This juxtaposition illustrates the variety of philosophical positions and the diversity of the metaphilosophical toolkit applied in early analytic philosophy.

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.

Adaptation of Islamic Criminal Law in Facing Digital Economic Crime in the Era of Technological Disruption

The rapid development of digital technology has significantly impacted various aspects of life, including the economy, but it has also given rise to complex digital economic crimes. This research examines the adaptation of Islamic criminal law in facing the challenges of digital economic crimes, such as online fraud, money laundering, and skimming. The method used is qualitative with a descriptive-analytical approach, relying on literature and official documents. The research findings indicate that Islamic criminal law needs to update its definitions and classifications of crimes to include actions in the digital space and apply principles of justice, prevention, rehabilitation, legal certainty, and limitations on punishment. In addition, using technology in law enforcement and international cooperation is crucial in addressing transnational crime. With a comprehensive approach, Islamic criminal law can serve as an effective tool in creating a safer and more just society in the era of technological disruption.

COMBATANT IMMUNITY AND THE RUSSIAN-UKRAINIAN WAR: REOPENING THE DEBATE ON A LONGSTANDING DOCTRINE

Background: Russia’s invasion of Ukraine has resulted in the largest conflict in Europe since the Second World War, with estimates suggesting that hundreds of thousands of Russian soldiers are implementing the will of the aggressor state. It has long been believed that combatants are immune from criminal prosecution for their actions during hostilities, including the killing of military personnel defending the victim state unless they violate the laws of war. However, this immunity has naturally generated criticism in the Ukrainian legal community. In this article, the authors analyse the critical arguments made by opponents of combatant immunity and seek to clarify the legal and ethical grounds of the controversial doctrine. Furthermore, the well-known debate on the significance of citizenship (nationality) for recognising combatant or prisoner of war status and the liability of defectors is revisited from a new perspective. Methods: The article is based on an analysis of IHL sources, commentaries, state practices, precedents and scientific views on combatant immunity. Additionally, the article examines the practices of law enforcement agencies in Ukraine and the perspectives of Ukrainian criminal law scholars. General scientific methods of cognition (induction, deduction, analysis, synthesis), as well as historical, empirical and systemic-structural methods, are used. The article is structured into three parts. The initial section provides a comprehensive overview of the status of a combatant and their associated privileges within the context of international humanitarian law (IHL), with a particular focus on the ongoing conflict between Russia and Ukraine. The second section delves into the debate surrounding Ukraine's obligation to respect the immunity of the combatant of the aggressor state and offers the authors' conclusions on this matter. The third section addresses the liability of defectors, focusing on the implications of citizenship (nationality) for combatants and prisoners of war (POW). Results and conclusions: Several Ukrainian scholars have expressed their unreserved disagreement with Ukraine's application of the doctrine of combatant immunity to Russian soldiers. In the absence of a direct reference to this exceptional privilege in international treaties to which Ukraine is a party and in light of the a priori unlawfulness of aggression, the critical arguments are not without merit. Nevertheless, we conclude that respect for the immunity of a combatant representing the aggressor state is part of Ukraine's international obligations and has a certain justification. Concurrently, the article acknowledges that the legal and ethical grounds for this are not entirely clear. The question of whether defectors should be recognised as combatants and/or prisoners of war is similarly unclear. Nevertheless, we are convinced that regardless of the answer to this question, the criminal prosecution of defectors for high treason cannot be considered a violation of the immunity of a combatant.

Study on the Criminal Regulation of Foreign Commercial Bribery by Chinese MNEs

Abstract: In the process of global economic integration, Chinese multinational enterprises (MNEs) have continued to expand their overseas operations, becoming significant players on the international commercial stage. However, the acceleration of their internationalization process has been accompanied by escalating issues of foreign-related commercial bribery, which erodes MNEs' reputation and interests and poses challenges to China's international image. This paper commences by delving into the recent status of China's criminal legal framework regulating foreign-related commercial bribery committed by MNEs, highlighting specific provisions in the Criminal Law of China as well as other pertinent regulations. Subsequently, the paper proceeds to pinpoint the shortcomings and deficiencies within the existing legal regulatory system, notably including issues such as jurisdictional evasion and ambiguous definitions of specific concepts like the scope of bribe recipients. Drawing extensively from international legislative experiences, including the United States' Foreign Corrupt Practices Act, the UK's Bribery Act, and the United Nations Convention against Corruption, this paper finally distills successful practices and offers valuable recommendations for enhancing China's legal system. The proposed measures encompass clarifying the definition of bribery acts, refining the scope of bribe recipients, and enriching sentencing factors. Moreover, the paper highlights the necessity of motivating corporate compliance through legal means, thereby curbing bribery at its source. This study provides research support for refining China's anti-overseas bribery legal framework, which in turn can bolster the credibility of Chinese MNEs in the international market, foster the growth of China's transnational commerce, and elevate China's international competitiveness.

The cornerstones of the protection of fundamental rights in criminal matters in the EU

The present paper aims to provide an outline of the protection of fundamental rights, especially the right to a fair trial, from the perspective of criminal procedure and mutual legal assistance in criminal matters in the European Union. It concentrates on the attitude of the Court of Justice of the European Union (CJEU) towards the protection of fundamental rights on a European level - as opposed to national level -, also taking into account the evolution of the system of the European judicial protection of fundamental rights with respect to the dialogue between national ordinary courts and national constitutional courts and the CJEU. The central thematic element is the jurisprudence of the Court of Justice of the European Union, concentrating on the evolution of its case law concerning fundamental rights in criminal procedure and mutual legal assistance in criminal matters during the last two decades, which is the eraof the growing importance of criminal law and criminal procedural law in EU law. The background is rather the horizontal and vertical cooperation incriminal matters, its evolution, the central role of the principle of mutual recognition and the underlying mutual trust of the Member States’ authorities in respect of each other’s criminal justice systems. The relevance of both harmonisation and the application of the mutual recognition principle to mutual legal assistance is inevitably connected to both the similarities and the differences of national legislation and criminal justice systems which are the basis of the preliminary ruling procedures of the Court of Justice of the European Union which also serves as a driving force of mutual trust and development in the area of European criminal law, while also bearing a growing importance in the system of judicial protection of fundamental rights throughout Europe.

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.

The Relevance of the Passing of Time in Criminal Law, with Special Reference to Due Process

The requirement for the conclusion of criminal proceedings within a reasonable time appears as a component of the right to a fair trial in international human rights documents as well as among the national fundamental rights. The passage of time and the prolongation of criminal proceedings are considered by courts as mitigating factors during sentencing. However, taking these factors into account as mitigating circumstances is not unproblematic, as there is no objective point in time after which one can definitively state that the criminal authorities violated the requirement for adjudication within a reasonable time. In my study, I am investigating the criteria by which the European Court of Human Rights (ECHR) examines compliance with the requirement of reasonable time and how the prolongation of proceedings is treated as a mitigating factor in Hungarian judicial practice.

The procedural legal status of migrants transported by smugglers in European jurisprudence

In this paper, we present the approach of criminology and criminal procedure law to migrant smuggling, a phenomenon that is also significant at the European level. The characteristics of migrant smuggling as defined by the UN Protocol are presented, followed by the responses at the European level and the most recent statistics. The procedural status of smuggled persons, their status as victims, witnesses or perpetrators (suspected or accused), and the approach taken by the different branches of law are also discussed. After that, we summarize the results of our research conducted in the spring of 2024 with the cooperation of EUROJUST and Legicoop members. The following research questions were formulated, concerning the procedural status of migrants transported by smugglers in their countries  In criminal cases of migrant smuggling, what is the procedural position of the person transported by the migrant smuggler? (victim, witness, instigator, abettor) Are there any individual criminal proceedings or other (i.e. administrative, misdemeanour) procedures against the person transported by the migrant smuggler?In most European countries, migrants are considered victims of migrant smuggling and in the criminal proceedings that have been initiated, they take the position of victims: at most they are questioned as witnesses. Due to illegal border crossing, no separate criminal proceedings are usually initiated against them, most of the time these cases are resolved within the framework of public administrative proceedings.

Bad-Mad-Female. Scientific Analyses of Female Violent Crime from the 1960s to the 1990s

While female capital offences have repeatedly caused astir since the beginning of the modern era at the latest, female violent crime has remained amarginal phenomenon in statistical observations for along time. Forensics, with its traditional core disciplines of psychiatry and law, also remained focused on the dangerous male perpetrator for along time in its analysis and theory development beyond infanticide: male forensic scientists analysed male perpetrators of violence.Since the 1960s, there has been an increasing number of scientific contributions on female criminality and its causes in West Germany. Women were now also analysing female criminality from aprofessional as well as from asocially critical perspective; adevelopment that gained significant momentum with the New Women's Movement and Critical Criminology.The article puts an emphasis on the discourse on female violent crime in the "old" Federal Republic of Germany. It starts out by framing the issue of women's violent crime in criminological discourse. Against this background, it examines how gender-specific constructions of criminality developed, especially in the discussion of the "dangerous mentally ill" in forensic discussion forums, how and to what extent which topoi were perpetuated and which were subject to changes. Did the analyses of female scientists differ from those of their male colleagues? What significance did critical or feminist currents or actors have?In view of social change processes (emancipation, psychiatric reform, criminal law reform), the article examines the interpretation of female violence and the connection between gender, dangerousness and mental illness. It focuses on the question of persistence, dynamisation or diversification of gender-specific constructions and normative concepts of normal/crazy in the forensic conflation of "bad and mad".

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.

Benthamís Project of Applied Ethics, c. 1780: Part I, A Penal Code

Benthamís An Introduction to the Principles of Morals and Legislation (IPML) was originally intended to introduce a utilitarian penal code. Such a code would apply the principle of utility to the task of designing a system of criminal law. Part I, Section I of this two-part paper gives an overview of IPML, in which the basic moral assumptions of utilitarianism are presented, and the central concept of mischief is emphasised. The principle of utility favors making into criminal offences actions that are mischievous and profitable to punish. Section II discusses Chapter XVI of IPML. This chapter is a taxonomy of possible offences and the penal code would explain which acts in the taxonomy are mischievous and profitable to punish. This chapter also suggests how Bentham was beginning to see the need for other utilitarian legal codes. Section III discusses Benthamís concept of a ëcatechism of reasonsí to be included in the code, which would explain to the citizenry why each action in the code is mischievous. Section IV discusses two important sets of manuscripts that illustrate the reasoning that was to accompany the code. The first briefly treats the offence of cruelty to animals and expands on the thinking in the famous footnote to Chapter XVII that argues that non-human animals can be treated wrongly, while the second examines the remarkable treatment of ëpaederastyí, that is, consensual sex between adult males. IPML does not mention paederasty, although several passages are relevant to it. These passages suggest that paederasty is not mischievous. The manuscripts expand on these suggestions, and explicitly argue that paederasty ought not to be an offence. Several new issues are discussed, such as the effect of paederasty on population size. In the subsequent Part II of this paper, Benthamís treatment of punishment in IPML, The Rationale of Punishment, and the penal code will be discussed.

The Importance of Reconstructing Criminal Liability for Prostitution in the Reform of Criminal Law

The practice of prostitution is currently evolving rapidly, primarily driven by the dissemination of information through electronic media. The lack of comprehensive regulations regarding prostitution allows the law to contribute to the development of this phenomenon. Insufficient regulation has created a new legal culture among those involved in prostitution, which has widespread effects on society. One of the most severe consequences of the widespread practice of prostitution is the spread of sexually transmitted diseases, which can impact the health of both those directly involved and individuals nearby, such as the partners of sex workers. This research aims to analyze the regulation of prostitution in Indonesia's criminal law today. Through this analysis, the importance of reforming the law to comprehensively regulate prostitution in the future is highlighted. The method used in this research is legal research with a normative approach, utilizing secondary data obtained through literature review and examination of legislation. The analytical method applied is prescriptive analysis. The findings indicate that although some regional regulations have addressed prostitution practices, there is no national regulation that explicitly governs prostitution. Recommendations for the future include providing a clear definition of prostitution, criminalizing consumers or users of prostitution services, criminalizing sex workers, reformulating offenses for pimps, implementing a double track system for sanctions, increasing criminal penalties, and clarifying the formulation of offenses. Keywords: reconstruction, prostitution, criminal law.

Humanistic approach in protecting victims of human trafficking crimes

Cases of human trafficking are becoming more prevalent and represent grave abuses of human rights. Both locally and internationally, victims of human trafficking run the danger of being exploited, violent, or infected with contagious illnesses. The Indonesian government has not fully complied with the minimal criteria for safeguarding victims of human trafficking, notwithstanding Law Number 21 of 2007 for the Eradication of the Crime of Human Trafficking. Human rights restoration and respect for victims of human trafficking must be given priority in the implementation of legal protection for these individuals. To strengthen and increase the security of victims’ rights in the future, this study intends to conduct a thorough analysis of the humanism approach model and policies for safeguarding victims of human trafficking. This research uses an empirical technique to support its normative legal analysis. Primary and secondary legal sources are used in this research. The study’s findings show that the protection provided by humanist criminal law for victims of human trafficking is founded on humanitarian principles that derive from the divine principles found in the Pancasila ideology. There are additional requirements for punishment, such as its purpose, its ability to serve as therapy, and its determination to reflect the victim’s and society’s sense of justice. This criminal law is founded on the principles of legality and balance.

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.

Examining the Regulatory Frameworks Governing Prohibition of Torture in Warfare

The aim of the paper is to examine the regulatory frameworks governing the prohibitions of torture in warfare to determine their adequacy in protecting civilian populations against torture during armed hostilities. To address the threat posed by torture in warfare against the civilian populations, the regulatory frameworks on International Humanitarian Law (IHL), International Human Rights Law (IHRL) and International Criminal Law (ICL) are examined. It may be argued that although this regulatory framework is aimed at guaranteeing safety of the civilian populations in situations of armed hostilities but are not capable of dealing with the current challenges. The paper employs a doctrinal approach by identifying and analyzing the applicable rules of IHL, IHRL, and ICL. It demonstrates how these laws impact the basic rights of civilian populations during armed conflicts. The paper found that despite the performance of the Tribunals as regulatory measures, they are confronted with several challenges prosecution and enforcement of their decisions. The paper concludes with recommendations that are relevant to address the challenges in order to ensure that the various frameworks are effectively implemented by States to safeguard the civilian populations from acts of torture during armed hostilities.

Review of Criminal Law Against Illegal Broadcasting Actions on Paid Football Shows

This study aims to analyze criminal law arrangements in handling illegal broadcasting of paid football shows and to analyze the legal position of illegal broadcast service providers on paid football shows based on criminal law provisions. This type of research that is used normative juridical method by examining the application of positive legal norms. Which consists of normative legal research by using methods of obtaining and analyzing secondary data and empirical legal research methods, namely by obtaining and analyzing primary data by conducting interviews with relevant sources. Then analyzed qualitatively and arranged systematically. The results of this study show that, 1) criminal law arrangements in handling illegal broadcasting of paid football broadcasts have been regulated in statutory provisions, including Law no. 28 of 2014 concerning Copyright, Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions, as well as the values ​​contained in Law no. 32 of 2002 concerning Broadcasting. Even though it has been regulated, there are still many violations that occur.

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.