Responsibility In Criminal Law Research Articles

Forced Marriage in Australia: Building a Social Response with Frontline Workers

The practice of forced marriage has been the subject of focussed attention over the past 15 years in Australia. The policy approach has largely centred on criminal law responses. In this paper we turn to the social safety net, supports available for those experiencing pressure to marry or in a forced marriage, and their families. We report on eight focus groups with 56 participants working in key frontline roles, drawing on their perspectives to advance our understanding of key features of the social response. We identify four key features: the first is relational; frontline workers observe that an effective social response is contingent on trusting, client-led relationships. Secondly, appropriate framing and considered language is highlighted as critical. The third and fourth features are structural considerations within a social response: Australia's migration and asylum-seeking system and the resourcing of relevant social services.

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

Criminal liability for violation of the abortion procedure: comparative legal aspect

The research paper is devoted to the coverage of some pressing issues of the criminal law response to illegal abortion from the standpoint of applying the comparative research method. In particular, it has been shown that at the current stage of the development of Ukrainian law, the comparative legal method acquires a special meaning and practical significance, especially in the context of the analysis of issues of the Special Part of the Criminal Law.
 Positions of domestic and foreign authors who defend the position that comparative jurisprudence, in addition to the performance of purely scientific tasks, is aimed at achieving specific practical results, in particular: 1) unification of legislation, i.e. promotion of unification of legislation of different countries in priority areas - where there is a need for a consolidated approach, particularly in the field of criminal law; 2) improvement of national legal systems - this is about developing proposals for improving national legal systems based on a critical and comprehensive study of the positive legal experience of other countries.
 According to the results of the author's study of the relevant provisions of foreign legislation, there is a lack of a clearly defined and unified approach to the legal regulation of artificial termination of pregnancy. It was established that in some countries abortions may be allowed, in others they are allowed only under certain circumstances, while in others they are prohibited altogether. The thesis is expressed that the difference in approaches to the legal regulation of artificial termination of pregnancy is also reflected in different approaches to the criminal-legal protection of the rights of a pregnant woman, in particular the right to life, health, freedom and other aspects related to the performance of abortions.
 Based on the research results, the author's conclusion was formulated that in order to improve the mechanism of criminal law regulation of a woman's right to abortion in Ukraine, it is scientifically and practically required to take into account the relevant experience of the countries of the European Union, primarily the Republic of Poland and the Federal Republic of Germany - this will contribute to adequate transformation and improvement of domestic legislation in the context of active European integration.

Forfission of an enterprise and the burd of proof in criminal process

The subject of the analysis in the article is the institution of enterprise forfeiture (Article 44a of the Act of June 6, 1997, Penal Code), which is the state's criminal law response to the crime committed by the perpetrator. The normative structure of the title institution expresses the presumption that through the enterprise, the perpetrator obtained, even indirectly, a financial benefit of significant value. In turn, in the context of criminal proceedings, this institution introduces an exception in the method of proof, which is based on the rule of onus probandi (burden of proof). The legal exegesis on the forfeiture of an enterprise carried out in the study indicates that this institution is a breach in the process of proof based on the onus probandi rule in favor of the presumption that the enterprise and its components are the result of a crime and illegal benefits that the perpetrator obtained by committing a prohibited act. Therefore, the study posed a research question about the shape of the proof process based on the norm of Art. 44a of the Penal Code.

Ties With the Families of Convicts Serving a Sentence Deprived of Liberty in the Electronic Monitoring System (SDE)

The article contains the content and analysis of the results of research relating to serving a prison sentence in the Polish penitentiary system in the Electronic Monitoring System (SDE here and after) in the context of maintaining ties with the social environment, with the family in the assessment of probation officers. The penitentiary system is not limited to isolation. Serving certain forms of punishment outside prisons also contributes to relieving the penitentiary system. The Electronic Monitoring System is an alternative form of execution of the penalty of imprisonment. It allows the state to exercise control over the convict's behavior by means of technical means, eliminating the need for penitentiary isolation as a criminal law response. It is a form of reaction with a much lower degree of discomfort, devoid of the negative consequences associated with isolation, such as demoralization, weakening of family and social ties, change of environment, loss of autonomy, economic degradation or stigmatization. It is an interesting activity related to modern solutions in the field of law, upbringing and family, applied in practice. The probation officer plays an important role in the course of serving the sentence by the convict in SDE, in his social rehabilitation and social adaptation. He is a specialist responsible for supervising and supporting the convicted person. The probation officer performs tasks aimed at implementing court decisions, helps the convict return to society, and prevents re-offending. The key aspect of serving a sentence in SDE is the convict's ability to maintain family ties, his social rehabilitation, the process of preparing for return to society, re-adaptation to social conditions. Serving a sentence in an SDE allows you to maintain family ties, which in turn reduces the risk of recidivism. The prepared and presented content is part of resocialization pedagogy, penitentiary pedagogy, and family pedagogy.

SOSYAL MEDYA PLATFORMLARINDA DEZENFORMASYON FAALİYETLERİ VE CEZA HUKUKU BAĞLAMINDA SORUMLULUK: TWITTER PLATFORMUNDA BİR VAKA İNCELEMESİ

Sosyal medya kanalı olarak isimlendirilen birçok farklı uygulama geliştirilmiştir. Günümüzde, bu uygulamlardan bazılarının hem kamusal alanda bireysel fikirlerin yazılı ve görsel ifadelerle paylaşılabildiği hem de güncel gelişmeleri takip etmeye imkân sunan bir platform halini de aldığı görülmektedir. Bu platformalar arasında bu amaçla en çok kullanıcı sayısına sahip olanı ise Twitter’dır. Bu çalışmanın amacı, Twitter özelinde bir vaka incelemesi gerçekleştirerek gerçek verilerin analiziyle birlikte sosyal medya platformları üzerinden paylaşılan suç unsuru taşıyan ifadeleri tespit etmek, tanımlamak, sınıflandırmak ve ceza hukukuyla ilişkilendirmektir. Bu çalışmanın araştırma metodu olarak açıklayıcı vaka incelemesi tercih edilmiştir. Çalışmamızın amacına uygun vaka incelemesi olarak sosyal medyada dezenformasyon paylaşımlarının gerçekleştirilebileceği öngörülen Türkiye’nin son 8 yıldır gündeminde olan ve yargıya intikal etmiş olan Gezi Parkı olaylarına yönelik Twitter Platformunda tespit edilen ilgili hastagler kullanılarak yapılan paylaşımlar ele alınmıştır. Bu vaka analizinde verilerin elde edilmesi ve analizinde de sosyal medya analizi yöntemi kullanılmıştır. Böylece, belirlenen amaçsal örnek vakada ceza hukuku sorumluluğu gerektirebilecek dezenformasyon paylaşımları tespit edilip sınıflandırılacaktır. Akabinde ilgili paylaşımlar Türk ceza mevzuatındaki düzenlemelerle ilişkilendirilecektir. Bu çalışma, amaçsal olarak belirlenen vaka inceleme olayına yönelik Twitter platform paylaşımlarıyla sınırlı bir şekilde Türkçe ifadelerle yanıltıcı sosyal medya paylaşımları ve ceza hukuku sorumluluğunu ele almaktadır. Çalışmanın bilime ve topluma sağladığı katkılar, sosyal medyada dezenformasyon faaliyetlerini ceza hukuku sorumluluğu kapsamında ele alan, söz konusu faaliyetleri sınıflandıran ve ceza mevzuatının ilgili düzenlemeleriyle ilişkilendirildiği bir içeriğe sahip olan, alan yazındaki ilk çok disiplinli ortak çalışma özelliğini taşımasıdır. Çalışmada elde edilen ve sunulan bulgular, yürütme ve yasama organları için konuya ilişkin yasal düzenlemelerin gözden geçirilmesinde fayda sağlayabileceği gibi diğer ilgililer bakımından da farkındalık oluşturabilecek ve alan yazınına katkı sağlayabilecektir.

Обусловленность уголовно-правового противодействия преступлениям с признаками экстремистской деятельности при обеспечении основ конституционного строя и безопасности государства

The article presents the author’s vision of one of the most pressing problems of modern criminal law and criminology – the conditionality of criminal legal counteraction to crimes with signs of extremist activity while ensuring the foundations of the constitutional system and the security of the state. The content of the concepts of «conditionality» and
 «counteraction» is revealed. It is noted that the eternity and social variability of crime are signs that are the basis for creating the entire springboard of criminal law response, including promising, in the field of countering criminal forms of behavior burdened with the motive of hatred or enmity. The terminological tools formed in the doctrine are presented, revealing the content of the conditionality of countering crime, through such categories as: «social conditionality», «socio-legal conditionality», «socio-legal conditionality». It is proved that any format of conditionality of countering crime is aimed at establishing legally significant circumstances proving the public danger of an act, which constitute the basis for making a state-governmental decision to establish a particular criminal law prohibition. Within the framework of the conducted research, it is proposed to use a broader, collective concept – «conditionality of criminal legal counteraction to crimes with signs of extremist activity that encroach on the foundations of the constitutional system and the security of the state», its content is disclosed..

A range of legal obligation for operators of Artificial Intelligence Systems in the context of Criminal Law

Purpose of the study: This article aims to investigate and define the legal obligations of artificial intelligence (AI) system operators in the context of existing criminal law. The task is to identify key provisions, analyze issues of legal liability, and the interaction between AI ethics and criminal law. The article also aims to assess the implications of using AI in criminal law and propose possible improvements to current regulations.
 Methodology: The article is based on an interdisciplinary approach combining law, computer science, and ethics. The methodology includes a literature review concerning the legal obligations of AI operators and a legal analysis of key provisions.
 Main findings: The deliberations reveal that the responsibility of AI system operators in criminal law focuses primarily on the legal, technological, and ethical analysis of issues related to the operation of AI. These aspects can occur in various areas such as the design, implementation, control, and use of AI systems, where operators make key decisions. 
 Application of the study: The presented article refers to the responsibility of AI system operators in the context of criminal law. This has significant implications for scientific disciplines such as law, AI ethics, cybersecurity, and computer science. The study of criminal law applied to AI is extremely important as it highlights potential gaps in current legal frameworks that can lead to accountability issues in case of damage or error caused by an AI system. 
 Originality/Novelty of the study: The issue of AI operators' responsibility in criminal law is a relatively new area of research, especially in Poland. The complexity and dynamism of AI technology development create numerous interpretive challenges that deserve further analysis.

The Issue of the Axiological Consistency of the Criminal Provisions Regulating the Causing of Human Death

Abstract This article aims to assess whether the criminal law regulations on causing human death are consistent with each other, but primarily whether they are coherent with the axiology of the entire legal system in that area. First, the author presents the significance of axiological consistency and – based on the Constitutional provisions, rulings of the Constitutional Tribunal and arguments of representatives of the doctrine – decodes the basic assumptions relating to the protection of human life. Further, by means of an examination of the provisions of the Criminal Code and the law on infertility treatment, the author diagnoses a state of complete axiological inconsistency in the area of a criminal law response to causing death, pointing to the causes of that state of affairs. The significance of axiological consistency indicated at the outset (on numerous levels) does not let one ignore that conclusion.

Islamic Criminal Law Response on Physical Violence in the Household on Law No. 23 of 2004

In the perspective of Islamic criminal law, it does not recognize domestic violence. There are many arguments for naqli and aqli which teach fellow human beings to love one another and not to hurt each other either physically or psychologically. A husband should not feel superior and selfish in the household as well as a wife who should not be nusyuz. According to the majority of scholars, they define nusyuz as a wife’s deportment leaving out of the obligation to obey her husband or a deviant act that arises and is committed by a wife to her husband. Regarding domestic violence incidents that have been regulated in positive law, Islamic criminal law should also regulate these domestic violence incidents, but the Islamic criminal law literature has not explained in detail the sanctions for these domestic violence incidents. In this study, the authors used a type of literature review research, which is a type of research whose data sources are already available in libraries and digital access, which is normative research. The conclusion of Islamic criminal law perspective clarifies that if there is physical violence against a partner or family that causes death or injury and so on, then this is categorized as a jarimah of punishment in ta'zir. In a positive legal perspective, the sanctions for domestic violence against physical violence, this proves that the purpose of maqasid sharia in positive legal sanctions is related to the five aspects of maqasid sharia; preservation of religion, maintenance of soul, maintenance of off spring, maintenance of assets and maintenance of reason.

Human trafficking for labour exploitation: The survivors’ perspective

Despite being the second most prevalent form of human trafficking, human trafficking for labour exploitation remains a victimisation process that has received little scholarly attention. This qualitative study, based on data from in-depth interviews with labour trafficking survivors in Spain, seeks to apprehend how they experienced that situation while giving them a voice and adopting a survivor-centric approach to the phenomenon. To this end, it first analyses from their perspective the process of their enslavement, as well as the feelings it engendered: from recruitment, to transfer, to exploitation, including the objective circumstances and means used. It then analyses the essential aspects of the process leading to their liberation, examining how the situation was ended, the type of assistance received and desired, and the recourse they had to a criminal law response. It concludes with a series of proposals for how labour trafficking should be institutionally addressed in view of the survivors’ suggestions.

The Sexual Abuse of African Boy Soldiers by Male and Female Offenders: the Need for an International Criminal Law Response

Abstract The sexual abuse of boy soldiers is a matter that has unfortunately not received the judicial and academic attention it deserves. Boy soldiers have been sexually abused not only by male commanders but also female commanders and other offenders. International Criminal Law has opted to focus on the prosecution of those most responsible for committing sexual violence against women and children. Boys are often mentioned in passing. This article challenges this view. It does so by looking at a special case in Northern Uganda where boy soldiers in the Lord’s Resistance Army was sexually abused. The article then examines several cases where International Courts have dealt with the sexual abuse of males, since the abuse of boy soldiers have not been adjudicated internationally. The article then looks at the reasons why there is a silence among those boys who are sexually abused and recommendations are proffered.

Особенности формирования уголовно-правового воздействия на управление транспортными средствами в состоянии опьянения

State policy in the field of road safety is aimed at protecting the life, health and property of citizens and protecting the interests of society and the state by preventing road accidents and reducing the severity of their consequences. In searching for mechanisms to implement these goals, the legislator to the challenges in the field of road safety, which contribute to road accidents. The article examines the trends in criminal law responses to driving under the influence of alcohol. The criteria for criminalisation of an act under article 2641 of the Criminal Code of the Russian Federation are disclosed. The author focuses on the disclosure of public danger of the act, drawing attention to the existing shortcomings in law enforcement, as well as assesses the effectiveness of the application of Art. 2641 of the Criminal Code in solving the issues of road safety.
 Based on the results of the study, the author concludes that there is an effective potential of the criminal law prohibition of driving a vehicle while under the influence of alcohol by a person who has been subjected to administrative penalty or has a criminal record. The author proposes the introduction of amendments to the criminal law legislation, aimed at strengthening the measures of criminal law impact on persons operating a vehicle in a state of intoxication.

Criminal Law Responsibility against the Performers of Spreading Hoax Fake News Performed by Antimasker Activists

Criminal Law Responsibility against the Performers of Spreading Hoax Fake News Performed by Antimasker Activists

Snižavanje starosne granice krivične odgovornosti - večita dilema?

Two mass murders that took place at the beginning of May 2023 disturbed and shocked the public in Serbia. The mass murder that took place in the Elementary School "Vladislav Ribnikar" in Belgrade, in which the perpetrator was a boy who was under the age of criminal responsibility at the time of the act, once again brought up the issue of lowering the age of criminal responsibility and tightening the penal policy to the fore. Such demands are in line with the contemporary penal populism and the concept of moral panic, especially with regard to juvenile delinquency. However, the question of the justification of strengthening the repression arises, especially the potential expansion of the circle of persons who can be covered by the criminal law reaction as a result of potential lowering of the age limit of criminal responsibility. Taking that as a starting point, the paper analyzes several key reasons against lowering the age limit of criminal responsibility in Serbia, including: the issue of psycho-physical and social (im)maturity of minors, the requirements of international documents that set the standards of behavior in the best interest of the child, and some comparative solutions, trends and structure of juvenile crime in Serbia, and the purpose of criminal law response to juvenile crime. The analysis of the stated reasons indicates that there is no evidence in favor of lowering the limit of criminal responsibility, but that moral panics related to juvenile delinquency should trigger society and the state to develop prevention programs, especially those based on the principles of restorative justice.

ЖОРСТОКЕ ПОВОДЖЕННЯ З ТВАРИНАМИ (СТ. 299 ККУКРАЇНИ): СКЛАД ЗЛОЧИНУ ТА ЗАХОДИ КРИМІНАЛЬНО-ПРАВОВОГО РЕАГУВАННЯ

The article is devoted to clarifying the existing approaches to the interpretation of law enforcement activities of individual features of the objective and subjective side of the crime provided in Art. 299 of the Criminal Code, including its qualifying and especially qualifying features and the provision of recommendations aimed at forming a unified law enforcement position regarding the qualification of this criminal offense, as well as drawing attention to the drawbacks of the normative certainty of certain measures of criminal law response to manifestations of animal cruelty.

Criminal Law Response to Shamanism—Is Combating Immaterial Culture a Means to Civilisation Progress on the Example of Penal Code Regulations of the Central African Republic and the Democratic Republic of Congo?

The function of the law in shaping social values is exposed in the article. Thispaper considers whether certain practices penalised in the surveyed countries (carrying our rituals with the use of human remains) could be classified as intangible cultural heritage and, thus, whether these practices should be legally protected. The main conclusion of the analysis is the statement that criminal law as a response to shamanism is inconsistent with the basic principles of a democratic state oflaw, including the right to expression and self-determination. Assuming that described social phenomenon exists in a society, and at the same time, this practice does not threaten other members of this society and is commonly accepted, the legislator should avoid creating regulations that are inconsistent with the current axiological system in a given community. The elimination of certain practices should take place by creating civilisation awareness inside a community. Criminal law does not fulfil this function. On the contrary, it contributes to the deepening and consolidation of the existence of certain pathological phenomena, as well as to the disappearance of indigenous cultures.

Liability for assistance to aggressor state: issues of qualification and improvement of criminal law

From the moment of the open attack by the Russian Federation, the issues of criminal law response to encroachments on the foundations of Ukraine’s national security, which have not been resolved since the beginning of the war in 2014, have reemerged. Among the most urgent was the question of whether provisions of criminal law in force as of February 24, 2022 ensured the possibility of providing a proper assessment of the actions of persons who in various forms assist the aggressor state. The first decision made in order to solve this issue was the introduction of Article 111-1 “Collaborative activity” to the Criminal Code of Ukraine. Due to the belief of the People’s Deputies of Ukraine in the inadequacy of such a legislative step, another criminal law prohibition has appeared – Art. 111-2 “Assistance to the aggressor state”.
 The purpose of the research is in critical understanding of the debatable aspects of the criminal law novel about aiding the aggressor state, based on the results of which scientifically based recommendations should be developed in order to improve relevant provisions of the current criminal law and practice of its application.
 It has been proven that, despite the noble intentions of the parliamentarians, the inclusion of Art. 111-2 “Assistance to the aggressor state” has increased both the conflicting nature of the domestic criminal law and the legal uncertainty partially inherent in it, and also forces us to once again talk about excessive criminalization. Among the achievements of the legislative work related to the construction of the criminal law prohibition dedicated to aiding the aggressor state, one can only include the non-use in the current wording of Art. 111-2 of the Criminal Code of unjustifiably abstract phrases “other voluntary interaction with representatives of the aggressor state” and “any cooperation with representatives of the aggressor state”.
 Based on the example of criminal law assessment of such manifestations of assistance to the aggressor state, such as the transfer of material resources to the armed formations of the aggressor state and the implementation or support of the decisions and / or actions of the aggressor state, armed formations and / or the occupation administration of the aggressor state, the problematic nature of differing analyzed crime from collaborative activity, treason and justification, recognition as legitimate, denial of armed aggression of the Russian Federation against Ukraine, glorification of its participants has been demonstrated. The problem, which has risen as a result of the partially inappropriate duplication of legislative material, is proposed to be solved in one of three ways to optimize the articles of the Criminal Code on liability for treason, collaborative activity and assistance to the aggressor state.

Economic Abuse and Criminal Responsibility: Lithuanian Case Law on Domestic Violence

Summary Though economic abuse is under researched in Lithuania it is not less widespread nor less serious as physical or sexual violence. The objective of this article is to determine the scope of prosecuting economic abuse in context of domestic violence. Desk research methodology based on case study is used: qualitative content research of Lithuanian case law. The findings of the research suggest that prosecution of economic abuse as a specific form of domestic violence is rather limited in Lithuania: i.e., criminalization is only partial; law enforcement faces difficulties in recognizing and evidencing it; the case law is not adequate (e. g., prosecution mostly focuses on physical violence, it is incident-based, ignores the specifics of domestic violence and economic abuse is commonly interpreted as context of systemic violence but not an independent basis for prosecution). Accordingly, there is a need to enhance criminal law response to economic abuse and explore for the optimal alternative to ensure this in Lithuania.

Children – the hidden or direct victims of domestic abuse?

ABSTRACT As the psychological impact of childhood exposure to domestic abuse gains more traction, referring to children as ‘the hidden victims of domestic abuse’ is becoming increasingly inaccurate and reductionist. Representing children as mere witnesses of domestic abuse also poses wider implications from the view of law and policy. Jurisdictions which recognise children as direct victims rather than hidden witnesses of domestic abuse, for example, send a clear message that the psychological harm of experiencing domestic abuse merits robust intervention (e.g. additional funding for child-specific support and services). Using a comparative approach, this study analyses the legal recognition of children who experience domestic abuse for the purposes of exploring how the child should be conceptualised in laws regulating childhood exposure to domestic abuse. For this comparative review, the jurisdictions of England and Wales, New Zealand and the United States (specifically the State of Washington) were selected, on the basis that they all respond to child experiences of domestic abuse in distinct ways that raise pertinent points of contrast. Whilst the State of Washington relies primarily on perpetrator-centric, criminal law responses to child experiences of domestic abuse, England and Wales and New Zealand resort to family law mechanisms that focus more on the child and the parent–child relationship. All in all, these points of contrast are pertinent because they provide an exploratory view of how the child should be conceptualised in law and policy. As this paper submits, conceptualising the child as a direct victim of domestic abuse––as reflected in England and Wales and New Zealand’s legislative efforts––works to send a powerful message about the severity of harm that children suffer when they experience domestic abuse. The State of Washington, on the other hand, has much to learn from England and Wales and New Zealand’s conceptualisation of the child, as its current legislative efforts appear to be rooted in an outdated understanding of the child as a mere collateral witness.