Criminal Law Research Articles

UNRAVELING JUSTICE: THE EVOLVING LANDSCAPE OF CRIMINAL LAW IN THE MODERN ERA

This study investigates the evolution of criminal law in Indonesia, focusing on the impact of technological advancements, social shifts, and political changes on the justice system. Utilizing a qualitative research design, including in-depth interviews with legal experts and practitioners, as well as comprehensive document analysis, the research reveals significant trends and patterns in recent legal reforms. Findings indicate that the introduction of procedural standards, such as those outlined in Regulation No. 6 of 2019, has enhanced the transparency and efficiency of criminal investigations. Additionally, the shift towards rehabilitative and restorative justice approaches reflects changing societal attitudes towards crime and punishment. However, challenges persist in fully implementing these reforms and integrating technological advancements into existing legal frameworks. The study concludes that while these reforms contribute positively to the justice system, further research is needed to assess their long-term impacts and practical applications. Recommendations for future research include examining the effectiveness of restorative justice practices and the integration of emerging technologies. For legal practitioners, adapting to these changes and incorporating new technologies and rehabilitative approaches into legal practice are crucial for improving justice outcomes. This research provides valuable insights into the ongoing transformation of criminal law and offers guidance for both scholarly inquiry and practical application in the field of criminal justice.

Законодательная регламентация вопросов противодействия новым формам девиантного поведения в сети «Интернет»

Introduction. The article deals with the problem of legislative counteraction to new forms of deviant behavior that have recently appeared in the information space of the Internet. Trash streams represent the greatest public danger among its currently existing varieties. With the application of general scientific and private scientific methods, as well as the method of systemic formal- legal analysis, an attempt was made to determine some general provisions concerning the possibility of bringing the organizers and participants of trash streams to criminal, as well as in some cases to administrative responsibility. From the position of the theory of criminal legal science, as well as the currently available law enforcement practice, a number of draft laws prepared by the public and legislators, which are currently being considered as legislative initiatives, have been analyzed. In particular, the draft law on introducing alterations and additions to criminal legislation, proposing to establish criminal liability for committing such acts on the Internet. The subject of the study is federal laws, regulations and documents governing social relations in the field of combating criminal manifestations of deviant behavior on the Internet. The material base of the study was formed by the works of domestic forensic scientists devoted to the problem under study, as well as periodical press materials, judicial and investigative practice. Methods. The methodological basis of the study was formed by the basic provisions of the dialectical method of cognition, general scientific and private scientific methods, such as comparative-legal, concrete-sociological, formal-logical, systemic and historical, which made it possible to state some general conclusions. Results. As a result of the research the relevance of the systemic formal-legal approach has been established, starting from the legislative fixation of the concepts related to the signs of trash streaming, an attempt has been made to formulate the general conditions of criminalization of this kind of phenomena, legislative initiatives and proposals aimed at combating trash streaming have been named and analyzed. In addition, the conclusion is drawn of the complexity of criminal legal qualification of trash streaming as an act enshrined in the Criminal Code of the Russian Federation in the form of a specific criminal law norm due to the formal absence of indicia of public danger and illegality, as well as the need for further work on draft laws, taking into account, among other things, the opinion of the scientific community.

Перспективы противодействия уклонению от уплаты таможенных платежей в условиях гуманизации уголовного закона

Introduction. The article is devoted to the analysis of changes introduced in 2024 to the definition of large and especially large size as a criminogenic feature in Article 194 of the Criminal Code of the Russian Federation in the conditions of permanent humanisation of criminal legislation. Methods. The methods of cognitive action, methods-operations, empirical methods and forecasting method were used during the research. Results. The law-making process, which resulted in amendments to Article 194 of the Criminal Code of the Russian Federation in terms of increasing large and especially large damage as a criminogenic feature and a new note defining other sizes for certain types of goods, is analysed. The opinions of representatives of the business community, scientists, law enforcement officers, analytical and statistical information presented in the article made it possible to come to a conclusion and insufficiency of increasing the criminally forming large and especially large size of evasion of mandatory public payments in foreign economic activity. A critical assessment of the new note, levelling the principle of certainty of the criminal law, is given. The authors’ position on rationality of synchronisation of large and especially large sizes in customs and tax crimes is given.

Exploration of the Application of Modern Information Technology in the Teaching of Criminal Law

With the arrival of the information age, modern information technology is more and more widely used in the teaching of criminal law, injecting fresh blood into it and revitalizing the discipline of criminal law. However, the use of modern information technology by criminal law teachers in the practical teaching of criminal law often fails to achieve the expected results, which indicates that the level of modern information technology mastered by criminal law teachers needs to be improved. In order to stimulate students' interest in learning criminal law in the new era, teachers of criminal law need to give full play to the advantages of modern information technology, and not only reasonably use cell phone APP function, micro classes and short videos and other skills to improve the level of modern information skills of their own teachers in the teaching of criminal law, but also pay attention to the organic fusion of the teaching method and modern information technology, highlighting the key points of the teaching, and focusing on the teaching effect.

Interpretation and Application of Criminal Law Regarding Blasphemy Under Article 156a of the Criminal Code

The offense of blasphemy is complex and confusing due to its three distinct definitions: offense according to religion, offense against religion, and offense related to religion. This lack of clarity results in no clear boundaries for defining what constitutes blasphemy. This article explores the legal interpretation of blasphemy through an analysis of various court decisions and the opinions of religious leaders. Utilizing normative research methods complemented by field data from interviews with religious leaders, the study reveals that Article 156a of the Criminal Code lacks a precise definition of blasphemy, leading to broad and varied interpretations. The subjectivity of determining blasphemy is evident, as it often depends on the identity of the offended party. Additionally, resolving blasphemy cases, such as those involving deviant sects, necessitates theological dialogue rather than immediate recourse to punitive measures. The article notes that judicial decisions in blasphemy cases frequently rely on the testimony of religious experts, sometimes without sufficient consideration of the expert’s qualifications or the quality of their explanation of blasphemy.

The Criminal Code of Mongolia. The General Part. Crime

Introduction. In a number of positions, the Criminal Code of Mongolia is recognized as more progressive than the Criminal Code of the Russian Federation. Therefore, it is no coincidence that there is a noticeable increase in the number of publications devoted to legislative decisions of the Criminal Code of Mongolia, which are of undoubted interest in scientific discussions on key criminal law issues.General provisions. The Criminal Code opens with Chapter 1 "General provisions", which sets out the goals, principles of the criminal legislation of Mongolia, the rules of its operation in space and time. The Criminal Code of Mongolia enshrines only three principles: legality, justice and guilt. The law explicitly states that it is not allowed to bring a person to criminal responsibility for opinions or beliefs. The issue of the time of commission of ongoing and ongoing crimes has been resolved. The rules on the statute of limitations of a crime have been moved to this chapter.Crime. The foresight of an act in the criminal law is called an indispensable condition for the recognition of an act and omission as criminal, and, in particular, a careless act. The concepts of a continuing crime and an ideal set of crimes are revealed. Only two categories of crimes are fixed: serious and minor. The form of guilt for the purposes of categorization of crimes in the Criminal Code of Mongolia is insignificant. The very forms of guilt (intent and negligence) are named in art. 2.3. At the same time, intent is not divided into types. TheCriminal Code of Mongolia defines the concept of damage and harm caused by a crime. The chapter ends with the regulations on the unfinished crime.Complicity. It is noteworthy that the form of guilt of the crime committed is not specified in the law. A mediocre performer is a person who has committed a crime by using not only a person who has not reached the age from which criminal responsibility begins, an insane person, but also other persons who have not committed a crime in complicity with the perpetrator and do not realize that a crime is being committed, or livestock or other animals. The perpetrator of a crime is also recognized as a person who inclines another person to commit a crime under the influence of physical or mental coercion.Circumstances precluding the criminality of the act. This institution has found regulation in Chapter 4 of the Criminal Code. It can distinguish significant differences from the Russian Criminal Code in regulating necessary defense, extreme necessity, coercion, reasonable risk, and execution of an order.The procedure, grounds for criminal prosecution and exemption from criminal liability. Chapter 6 contains regulatory requirements that define: (1) signs of the subject of the crime – an individual; (2) general rules for bringing to criminal responsibility and (3) special rules for sentencing; (4) rules for exemption from criminal liability and punishment.Liability of legal entities. Chapter 9, which closes the General Part, is devoted to their responsibility, which defines the grounds for bringing legal entities to criminal responsibility; types of criminal liability; guarantees of its inevitability. The basis for the imposition of punishment is the sole or joint decision of authorized officials representing a legal entity, or actions or omissions committed in the interests of a legal entity that contain signs of an appropriate corpus delicti.Conclusions. Modern Mongolian criminal legislation, while maintaining continuity and honoring legal and cultural traditions, has a qualitative originality. The normative prescriptions proposed in it are of interest to Russian criminal law science and the legislator. Undoubtedly, the experience of Mongolian criminal law regulation can and should be taken into account by the domestic legislator.

Звільнення від кримінальної відповідальності за кримінальним процесуальним правом

This research article discusses problem of crime in contemporary Ukrainian society and ways to address it through the application of alternative responses to criminal offenses, particularly exemption from criminal liability, are considered. The mechanisms and practical aspects of applying this institution in Ukrainian criminal procedural law are analyzed. This article pays special attention to the role of various subjects of the criminal process, such as the court, the prosecutor, the victim and the suspect, in making a decision on exemption from criminal liability. Contemporary trends in improving legislation and the practice of applying alternative forms of response to crime are highlighted, aiming to ensure a more effective and humane judiciary and legal system. In today’s Ukrainian society, the problem of crime remains one of the most pressing and acute. Despite constant changes in society, development of the legal system and improvement of criminal procedure, crime continues to accompany the existence and development of humanity. Crime is one of the most pressing problems for every individual and for modern society as a whole. The problem of effective prevention of this phenomenon is the subject of constant attention of legislators and social and political activities, which requires constant improvement and coordination. Criminal liability is one of the tools to combat crime. However, in connection with the humanization and reform of the legal system, the issue of alternative forms of response to criminal offenses, in particular, exemption from criminal liability, is relevant. Thus, there is a need to study the mechanisms and practical aspects of application of this institution in Ukrainian criminal procedure law.

Participation in a Non-Profit Organization that Infringes on the Personality and Rights of Citizens (Part 3 of Article 239 of the Criminal Code of the Russian Federation): Criminal Law Characteristics

Introduction. An act in the form of participation in a non-profit organization that infringes on the personality and rights of citizens, enshrined in Part 3 of Article 239 of the Criminal Code of the Russian Federation, causes a number of difficulties in understanding and qualification. Involved in most cases by deception in such associations, the participants themselves turn out to be victims, therefore, when qualifying the act under Part 3 of Article 239 of the Criminal Code of the Russian Federation, it is important to assess the degree of independence and activity of each participant. Theoretical Basis. Methods. The dialectical method is used in the article as a general scientific method, which formed the basis for studying the phenomenon of religious associations that infringe on the personality and rights of citizens, and their activities in Russia. Specific scientific methods make it possible to reveal the meaning and content of legal relations associated with the creation and functioning of religious, public or other associations that infringe on the personality and rights of citizens. The historical method made it possible to study the experience of differentiating the responsibility of the creators and participants of pseudo-religious associations in pre-revolutionary Russia and in the Soviet Union. Results. Based on the understanding of the criminal law category “dependence” by A. A. Aryamov, we can come to the conclusion that the will of the participants in the organizations under study is significantly limited and is a reflection of the will of the leader. A participant in such an association, as a dependent person, manifests “other people’s” principles and attitudes in “his” socially dangerous act. Thus, the line between a participant in an association that encroaches on the personality and rights of citizens and a victim is very fluid. A feature of the behavior of such a person, characterized by the sign of limited (or reduced) sanity, is that he can become a subject in one act of criminal behavior, and a victim of another act of criminal behavior. Discussion and Сonclusion. Thus, it seems reasonable that some scholars propose to return the sign of “active participation” that was present in the dispositions of Article 227 of the Criminal Code of the RSFSR and 143.1 of the Criminal Code of the RSFSR. In order to distinguish the subject of the crime from the victim, it also seems relevant to supplement the disposition of Article 239 of the Criminal Code of the Russian Federation with an “incentive” note (by analogy with Articles 126, 127.1, 210, 282.1 of the Criminal Code of the Russian Federation, etc.) with the following content: “A person who left an association and reported to law enforcement agencies about its activities is exempt from criminal liability, unless his actions contain another corpus delicti.”

Criminal law protection of state symbols in the countries of Central Europe: Common features and differences

AbstractThe paper deals with criminal law protection of state and national symbols in five Central European countries. It aims at reviewing the regulation of these symbols concerning the penal law level, and compare the characteristics of the legal systems analyzed. The paper concludes that there is no significant difference in the protection of state or national symbols at the level of legal regulation between the geographically eastern and western countries of Europe. The state and national symbols (flags, coats of arms or anthems) are symbols of state identity and of the unity of citizens, whose ideological role in forming identity justifies even their protection under criminal law.

Criminalizing Civil Law Actions of Default into Criminal Acts of Fraud: A Human Rights Perspective

The terms "Default" and "Fraud" and/or “Embezzlement” are often interchanged without clarity of meaning in many discussion forums, both oral and written. This confusion can be seen from the many court decisions that acquit defendants from prosecution which have permanent legal force. The public often hears that law enforcers carry out criminalization, such as witnesses becoming suspects, suspects becoming defendants and so on by shifting the civil legal action of Default to criminal act of Fraud and/or Embezzlement. Using 'criminalization' and 'criminalized' in this article is considered inappropriate, so it has been replaced by 'criminalizing' and 'criminalized'. If there is an action to shift the civil legal act of Default into a criminal act of Fraud and/ or Embezzlement, so from a human rights perspective, it is against the law. By using normative legal research methods, this paper examines how to differentiate civil legal acts of Default from criminal acts of Fraud and/or Embezzlement, how to apply civil compensation in cases where there are already criminal legal remedies, and what is the legal and human rights perspective when criminalization occurs. This paper uses a statutory approach and a case approach. The results show: First, there is a real difference between civil legal acts of Default and criminal acts of Fraud and/ or Embezzlement; Second, the application of compensation can be carried out through criminal and civil procedural law mechanisms; Finally, criminalizing civil legal acts into criminal acts is a form of violation of human rights.

Дерогація, аброгація, нуліфікація: поняття, особливості та приклади застосування

The article analyzes the legal concepts of derogation, abrogation and nullification, which are tools for regulating relations in society and international relations. It is determined that the derogation means the partial cancellation of the law or its individual provisions, for the purpose of temporary deviation from obligations during emergency situations. Examples of the derogation include the actions of Ukraine during armed aggression by the Russian Federation and the actions of European countries during the COVID-19 pandemic. Abrogation (abolition) means the cancellation or change of an outdated law or agreement. The term has its roots in Roman law, where various forms of abrogation existed. Over time, repeal has evolved into a legal tool that allows governments to repeal outdated laws or make changes without having to maintain the application of the previous rule. Contemporary applications of abrogation include criminal procedure law, where proceedings can be dismissed if charges are not proven, and international procedures, such as pardons or amnesties, which allow convicts to be released without overturning the sentence. It has been established that the term "nullification" is used both in the legal and economic spheres, and means the deprivation of documents of legal force or the recognition of securities as invalid. The historical practice of nullification is considered, starting from the formation of the confederation of North American states, attempts to conclude a new union treaty between the republics of the USSR in 1991, and centrifugal tendencies in the European Union. In modern conditions, as the example of Ukraine with Russia shows, the nullification of treaties can serve to protect national interests in response to external challenges. In conclusion, the author concludes that these legal mechanisms are important for ensuring legal stability and adaptability, allowing to respond to emergency situations and social challenges without violating the basic rights and freedoms of citizens.

Implications of Victim Blaming Narratives for Sex Workers: Informing Social Work Practice and the Law

The purpose of the paper is to explore social works practice response to sexual violence and the impact of victim blaming narratives for sex workers. Using a feminist standpoint epistemology, in keeping with an interpretivist/feminist qualitative framework, we critically explore the oppressive structures which impact on service users′ lives. Data collection consisted of interviews with 15 female sex workers in the Republic of Ireland. In locating sex workers experiences, we set out the argument that social work practice is complicit in victim blaming narratives in response to sexual violence. Themes emerging from the data to support this claim are (1) victim blaming perspectives for sex workers (2) reporting sexual violence to authorities, and (3) impact of the Law. By using the Irish standpoint, and the 2017 Criminal Law (Sexual Offences) Act, where sex work activities remain subject to penal measures our paper provides conclusive evidence which calls into question social works response to sexual violence. We argue for a revised social work response to sexual violence which includes a critical examination of ′victim blaming′ narratives and the current legislative process which inform their practice.

Кримінально-правова характеристика суб’єкта корупційних та пов’язаних з корупцією правопорушень у сфері охорони здоров’я

The article is devoted to the analysis of the legislative regulation of subjects of corruption and corruption-related criminal offenses, finding out their specifics and types in the field of health care. A comparative description of the definition of subjects of corruption offenses in accordance with the Criminal Code of Ukraine and the Law of Ukraine "On Prevention of Corruption" has been made, a number of shortcomings have been identified and certain considerations have been expressed regarding the directions for improving the legislation. It is stated that the peculiarity of the subject of a corruption offense is the presence of special features that indicate, first of all, a certain legal status of a person, due to the sphere of activity (public or private), position, functions performed, powers, etc. The Criminal Code of Ukraine provides for a wide range of types of special subject of corruption criminal offenses, among which the key is an official. It was found that the anti-corruption legislation applies to all categories of health workers. At the same time, the Criminal Code of Ukraine provides for differentiation of responsibility for accepting a proposal, promising or receiving undue benefit by a special entity, given the presence or absence of the status of an official and a type of legal entity (public or private law) or the provision of public services. The most controversial for the doctrine of criminal law and law enforcement practice is the problem of a criminal legal assessment of a health worker receiving undue benefits in connection with legally significant actions. In particular, such acts can be qualified both under Art. 368 or 368-3 and under Art. 354 or 368-4 of the Criminal Code of Ukraine, which indicates primarily the shortcomings of criminal legislation and the lack of unified theoretical developments in this area.

Research on the Path of Criminal Law Regulation for the Protection of Data Legal Interests

Research on the Path of Criminal Law Regulation for the Protection of Data Legal Interests

Ювенальна превенція в Україні: функціональні особливості в період воєнного стану

It was found that Ukraine has ratified and implements the norms of international legislation related to the protection of children’s rights, in particular, by means of criminal law. The activity of juvenile prevention bodies in Ukraine is extremely important in the conditions of martial law for the implementation of the principles of international humanitarian law regarding the safety of childhood and national norms for the protection of the fundamental rights of the child. Juvenile prevention bodies concentrate their activities on the prevention of offenses committed by children, on the detection, termination and disclosure of criminal offenses committed by children on the basis of measures provided for by current legislation. It was emphasized that it is important to identify the reasons and conditions that contribute to the commission of offenses by minors and, within the limits of their competence, to stop and eliminate illegal acts. Very often, the main work is carried out on the basis of the fact that minors have committed an offense. For a person who is just forming his life values and determining the directions of self-realization, it is important to focus on legitimate self-determination. In this process, preventive activities and cooperation of educational institutions, families and representatives of law enforcement agencies, juvenile police are important. It is noted that today in Ukraine, an important area of activity of juvenile police representatives is work with children who are internally displaced persons. Such minors may more often become involved in illegal activities due to the fact that they are in a state of stress associated with a change in their usual living conditions. Offenders can take advantage of the child’s condition and involve himin illegal activities both directly and through social networks. Attention is focused on the fact that wartime realities prove the importance of enhanced protection of childhood and motherhood in Ukraine, as well as the need for competent authorities to actively work with minors to preserve their lives and health, because today law enforcement agencies are faced with new problems related to the violation children’s rights, which are caused by active hostilities, illegal removal of children to the territory of Russia, loss of relatives and housing by minors, their involvement in illegal activities, in particular, in the temporarily occupied territories.

Italian environmental criminal law and the European safeguarding requirements (with a glance at the debate on the future crime of ecocide)

The article aims to provide a general overview of Italian environmental criminal law in relation to EU protection standards, evaluating the effectiveness of the sanctions thus conceived. Some final remarks concern the long-debated introduction of a crime of ecocide, which could prove to be a decisive solution to respond to environmental damages of particular magnitude and gravity.

Особенности уголовно-правовой охраны интеллектуальной собственности в законодательстве некоторых зарубежных стран

The article examines the problems of regulating criminal liability for violation of intellectual property rights in foreign countries, examines approaches to criminal protection of intellectual property in various legal systems: Anglo-Saxon and Romano-German. The authors note that there is a global consensus that the field of intellectual property should be regulated, including criminal law, in order to protect the rights of intellectual property owners. Although there is some uniformity in national intellectual property laws, there are separate copyright laws and regulations in each jurisdiction. The work also explores various solutions and approaches to the problem of regulating criminal liability for violation of intellectual property rights, especially copyrights, in the national legislation of both developed Western countries - the USA, England, Spain, and neighboring countries - Belarus, Kazakhstan, Kyrgyzstan, Moldova, etc. A comparative legal analysis of the criminal law prohibition contained in Article 146 of the Criminal Code of the Russian Federation and similar norms in the legislative acts of some foreign countries has been carried out.

New Provisions for Police Officers in BNSS

On July 1, 2024, three historic criminal laws—the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhinayam (BSA)—replaced three antiquated statutes from the British colonial era in India. The new laws aim to improve India's criminal justice system and offer a more effective framework for dealing with criminal activity. The main points of the BNS, which aims to replace the Indian Penal Code (IPC), which was created a century ago, will be covered in this article. The BNS worsens the retributive system by introducing wide and imprecisely defined offenses, upholding crimes with roots in outmoded moral principles, and continuing the growth of state and police authority. It is argued that the main goal of the legislation's drafting appears to be to provide the impression that colonial legacies—that is, obsolete colonial laws—have been abandoned, all the while advancing a nationalist agenda meant to instill a sense of patriotism in the general populace.

The concepts of a deportee and deportation in Lithuanian during the period of Soviet occupation: legal, ideological, administrative and social aspects

The subject of the article is the phenomenon of population transfer organized by the Soviets – deportations. The aim is to analyse and deconstruct the concepts of a deportee, deportation and exile using insights and methods of different scientific disciplines (sociology, history, law). The phenomenon of Soviet deportations is viewed from the perspective of a variety of sources and through examination of different source groups: Soviet sources of criminal law, administrative documents of the Lithuanian Communist Party, criminal court files and files of deportees, diaries and memoirs of the deportees themselves. The main question raised by the article is whether the legal status and actual situation of a deportee differed from that of a political prisoner. Could there a strict distinction be drawn between these two groups of repressed people in the Soviet system? In what circumstances the legal and factual situation of a “deportee” and “political offender” was similar?

Position for the Formulation of the Principle of Ultimum Remedium in the Criminal Law Codes in Various Countries

Position for the Formulation of the Principle of Ultimum Remedium in the Criminal Law Codes in Various Countries