Responsibility In Criminal Law Research Articles

Criminal Law Responsibility and Guaranties in the EU Common Legal Area

Criminal Law Responsibility and Guaranties in the EU Common Legal Area

‘Vulnerable by law (but not by nature)’: examining perceptions of youth and childhood ‘vulnerability’ in the context of police custody

This paper, drawing upon qualitative data produced through interviews with custody officers (COs) at two custody suites in England, examines how the vulnerability of children and young people is conceptualised generally, within the criminal process, and then, more specifically, in police custody. It uses the appropriate adult (AA) safeguard under Code C to the Police and Criminal Evidence Act 1984 as the point of reference and explores, firstly, how childhood is conceptualised and, secondly, how childhood vulnerability is understood by COs. The responses of COs are perhaps indicative of a wider issue within the criminal process – the construction of youth and childhood and, accordingly, the criminal law response to children and young people. Within this paper, whilst it is accepted that childhood and vulnerability are non-static concepts, it is nevertheless contended that children and young people are vulnerable, particularly when facing the criminal process.

The Criminal Law Response to the Migrant and Refugee Crisis

The Criminal Law Response to the Migrant and Refugee Crisis

Canadian Legal Approaches to 'Cyberbullying' and Cyberviolence: An Overview

As early as the mid 1990s Canadian economic and social policy prioritized getting young people connected to what was then referred to as the information super highway. By the late 1990s policy discourse had expanded to include the negative consequences of connectivity, including technologically facilitated harassment and violence, frequently referred to as cyberbullying. This overview canvasses the legal responses that have followed at the national, provincial and territorial level, including human rights, education, civil, administrative/regulatory and criminal law responses. It concludes that the complexity of the issues, as well as the underlying equality issues that are often at stake, necessitate a multi-pronged approach more heavily weighted in favour of human rights and educational responses.

Violent Dynamics: Exploring Responsibility - Attribution for Harms Inflicted During Spontaneous Group Violence

Violent encounters between groups of individuals often leave one or more of the participants dead, and it may be clear from the evidence that the physical cause of death was set by the single, deliberate act of one of the participants only. When this happens, the question arises whether, and how, responsibility for the fatal act and/or for its consequences can be attributed to other participants in the punch-up. Criminal law has long sought – and found – ways of holding others apart from the direct agent responsible for the harms caused in such encounters, although the legal constructions used differ between legal systems and often change significantly over time even within the same jurisdiction. This paper investigates the appropriateness of different criminal-law responses to these cases from two directions: first, by exploring the possible doctrinal grounds within the criminal law for attributing responsibility for the fatal act/outcome to all participants; and then by investigating the extent to which these responsibility-ascriptions are supported or challenged by insights from psychological studies of group action.

The genocide and the command responsibility in criminal law of the Republic of Serbia

International criminal law, as a system of legal regulations found in acts of the international community and criminal legislations of individual states, establishes criminal liability and punishments for crimes against international law. These acts represent breaches of the laws and customs of war (international humanitarian law) that violate or threaten peace among nations and the security of mankind. Penalties prescribed for these criminal offences stand for the most severe penalties in contemporary criminal legislation. In some cases, international judiciary (supranational) institutions such as The Nurnberg and The Tokyo Tribunal, The Hague Tribunal, The Rome Court etc. have primary jurisdiction over perpetrators of these criminal offences. This criminal offence means the killing of a nation or a tribe. Genocide was proclaimed as “a crime under international law, which is in contradiction with the spirit and the aims of the OUN and condemned by the entire civilized world” by UN General Assembly Resolution 96/I from 11 December 1946. Although it emerged as a “subspecies of crime against humanity”, genocide rapidly obtained an autonomous status and contents as one of the most serious crimes of today. As a crime against international law, genocide is determined by three elements: a) the objective component- a ctus reaus b) the subjective component- mens rea c) the subject of the act-the group -the victim. The source of this incrimination is found in Convention on the Prevention and Punishment of the Crime of Genocide from 1948, which, in paragraph 2, defines the term and the elements of this crime against international law. In legislation, theory and practice, this term can be interpreted in the broader sense, as well. In this papet the author has analysed theoretical and practical aspects of genocide in international criminal law and criminal law of Republic of Serbia (former FR Yugoslavia).

Eliminating abusive ‘care’: A criminal law response to obstetric violence in South Africa

This article examines the disrespectful, abusive and violent maternity care that many South African people face. It identifies this conduct as a human rights violation and argues that intentional abusive maternity care should be labelled as obstetric violence, a specific form of gender-based violence, and that it should be criminalised. This approach reflects a nascent global trend to act against obstetric violence, and draws inspiration from statutory crimes introduced in Venezuela and Mexico. Building on the Latin American experience, the article proposes how the current legal conception of obstetric violence should be further developed to suit the unique position of pregnant people in South Africa.

Towards a common identity? The harmonisation of identity theft laws

Purpose– The purpose of this paper is to consider potential criminal law responses to the global challenge of “identity crime”. In particular, it focuses on a specific offence of “identity theft”. It begins with a discussion of the meaning of “identity” in the context of modern transactions, before defining “identity crime” and related terms. Legal responses are then considered before turning to the importance of harmonisation. The transnational nature of modern identity crimes makes it essential that law enforcement agencies not only have suitable offences at their disposal but also the frameworks to facilitate international cooperation.Design/methodology/approach– Given the increasingly transnational and organized nature of modern identity crime, this paper adopts a comparative approach. It draws upon provisions from Australia, Canada, the UK and the USA. It also looks at responses to identity crime at the regional and international level.Findings– Although there is currently no international instrument which specifically and comprehensively addresses identity theft, it is argued that there is an urgent need for further international discussion as to the desirability and form of identity theft provisions. While international agreement may not be reached, such discussions are important in assisting countries to develop appropriate legal frameworks and capacity to address the modern fraud environment.Originality/value– It is hoped that this paper will contribute to, and facilitate, important ongoing discussions as to the most effective ways in which to tackle identity crime at the national and international levels.

Fighting the European Ecomafia: Organised Trafficking in Waste and the Need for a Criminal Law Response from the EU

Organised crime groups have been profiting from illicit trafficking in waste for decades at the expense of human health and the environment. The damage resulting from this activity is severe and often irreversible. To this day, national and international responses have been inadequate. Existing measures are not commensurate with the gravity of the problem, or with the magnitude of the gains made by organized crime groups. More importantly, the transnational nature of this problem means that coordinated action must be taken across borders. With the entry into force of the Lisbon Treaty, this is made possible: the EU now has the means to approximate definitions of criminal conduct and related levels of sanctions using Article 83(1) TFEU. This contribution explores the problem of organized trafficking in waste and argues, on the basis of an interdisciplinary analysis, that European criminal law measures must be adopted in order to effectively combat this illicit activity.

Criminal Law Responses in Child Maltreatment Matters: Rationales and Strategies

Criminal Law Responses in Child Maltreatment Matters: Rationales and Strategies

Paradygmat tożsamości podstawą kreowania wielopasmowego i zintegrowanego modelu tritmentu autoresocjalizacji

Resocialization with the use of probation measures is the process of the development of theory and practical methods of dealing with persons who violate the legal order, within the institutionalized system of criminal-law responses. The originality and wide scope of probation is deeply-rooted in specialized assistance agencies, in innovative practice and in providing noninstitutional measures complementing the system of closed establishments and institutions for convicts. The presented extensive theoretical study made an in-depth, interdisciplinary analysis of the multi-level rehabilitation theory and principal paradigms that make up the phenomenon of the social integration and self-resocialization of the convicts. The conclusions resulting from this text will be especially useful in the work of resocialization officers, probation officers, social workers, and correction officers in penitentiary and socio-therapeutic institutions.

Eliminating abusive 'care': A criminal law response to obstetric violence in South Africa

This article examines the disrespectful, abusive and violent maternity care that many South African people face.It identifies this conduct as a human rights violation and argues that intentional abusive maternity care should be labelled as obstetric violence, a specific form of gender-based violence, and that it should be criminalised. This approach reflects a nascent global trend to act against obstetric violence, and draws inspiration from statutory crimes introduced in Venezuela and Mexico. Building on the Latin American experience, the article proposes how the current legal conception of obstetric violence should be further developed to suit the unique position of pregnant people in South Africa.

CRIMINAL LAW FOR SKI SLOPES IN POLAND

A study is focused on the analysis of regulations intended to prevent certain dangerous behavior on the ski slopes. It concerns to the Act of 18 August 2011 on the safety and rescue in the mountains and at the organized ski areas, as well as general criminal law provisions contained in the Penal Code and the Code of Petty Offenses. For examining the legitimacy of the criminal law response for such behavior the necessary is also an analyze of the domestic and foreign literature and the practical sphere of the problem.

Time to Unpack the Juggernaut?: Reflections on the Canadian Federal Parliamentary Debates on 'Cyberbullying'

“Cyberbullying” has come to the fore in Canadian federal parliamentary debate largely in the last two years in tandem with high profile media reporting of several teen suicides. The federal government has responded to the issue by tabling Bill C-13, the Protecting Canadians from Online Crime Act. The omnibus Bill proposes, among other things, criminal law responses to non-consensual distribution of intimate images and gender-based hate propagation, but only at the expense of expanded state surveillance writ large. A criminal law response might appear to be the obvious policy choice for many who have followed media reporting on cyberbullying. However, our review of federal parliamentary debates from 2008-2013 revealed a much richer array of approaches in which the efficacy of criminal law responses was heavily contested. This article reports on the diversity of viewpoints that emerged within those debates, first contextualizing them within the conceptual complexity of the term “cyberbullying” and the media focus on tragic suicide cases. It suggests that “cyberbullying” has become less a problem and more an intellectual and political juggernaut for transporting a broad range of individual and social issues, as well as political ideologies, onto the public agenda. The conceptual elasticity of the term has to some extent facilitated co-optation of tragic suicide cases as a guise for pushing a tough on crime agenda, while obscuring underlying relational and systemic issues repeatedly identified by many claimsmakers within the debates. This article argues in favour of unpacking the “cyberbullying” juggernaut to expose as candidly as possible the wide range of individual and social issues that the term itself too easily obscures from view. Doing so, it suggests, is an essential first step toward development of a comprehensive multi-pronged strategy that better accounts for the richness and diversity of the concerns reflected in the cacophony of voices within the debates themselves. Such an approach could allow for prioritization of issues and development of responses aimed at addressing those most at risk, and capable of accounting for the ways in which individual actions are informed by the social context in which they occur, including well-established structures of discrimination.

Republican Responsibility in Criminal Law

Retributivism so dominates criminal theory that lawyers, legal scholars and law students assert with complete confidence that criminal law is justified only in light of violations of another person’s rights. Yet the core tenet of retributivism views criminal law fundamentally through the lens of individual actors, rendering both offender and victim unrecognizably denuded from their social and civic context. Doing so means that retributivism is unable to explain even our most basic criminal law practices, such as why we punish recidivists more than first time offenders or why “hate crimes” are of special concern. A republican view of criminal law brings our most natural intuitions back into focus by insisting that the core of criminal responsibility lies in the offender’s attack on the civic bonds that make living in a society as equals possible. By grounding our punishment practices in an Aristotelian republicanism that for so long was the unquestioned basis of mutual responsibility, we understand that hostility, as expressed in the offender’s “civic character,” matters to us all while still seeing our obligations to reintegrate both victim and offender into our shared civic project.

Cyber Variants of Traditional Crimes and Criminal Law Responses

传统犯罪网络变异的原因是多方面的，直接诱因是网络空间的技术性代际差异； 传统犯罪的网络变异表现为犯罪构成要件要素的变异、社会危害性的变异和犯罪形态 的变异三个方面。扩张化的司法解释是解决这一问题的首要选择，但其局限性也是明 显的；面对网络空间中传统犯罪的变异态势，将部分预备行为提升、独立化为实行行 为，将部分共犯行为加以正犯化，将会是未来刑事立法无法回避的两个选择。 关键词: 网络犯罪 传统犯罪 社会危害性 刑事立法 变异 The reasons for cyber variants of traditional crimes are many. A direct catalyst is the generation gap caused by the transition from Web 1.0 to Web 2.0. Such variation takes the following three forms: variation in the elements constituting a crime, in the social harm done and in the form of the crime. Expansion of judicial interpretation is the primary choice for handling cybercrime. However, its limitations are also obvious. In the face of cyber variants of traditional crimes, we argue that raising the status of some acts of preparation to that of independent acts of execution and making some joint offenders into principal offenders offers two important solutions that can no longer be avoided by China's criminal law legislation.

EU environmental policy and its criminal law framework

A man by his actions in pursuit of better living conditions, particularly in recent decades, threaten the natural environment, violating the eternal mutual, harmonious and dependent relationship and balance that existed in the living world, and making their own survival uncertain. The importance of environmental protection as well as goods of general interest is incorporated in the fundamental determinants of EU policy, which coincides with the trend expressed ecological consciousness at the global level. Protecting the environment through criminal law response to the expansion ecological crime that inflicts significant damage to the environment and human health.

On the Relevance of Neuroscience to Criminal Responsibility

Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different concepts. Consequently, there are at least six different responsibility questions that the criminal law asks—at least one for each responsibility concept—and, I will suggest, a multitude of ways in which the techniques and technologies that comprise neuroscience might help us to address those diverse questions. In a way, on my account neuroscience is relevant to criminal responsibility in many ways, but I hesitate to state my position like this because doing so obscures two points which I would rather highlight: one, neither neuroscience nor criminal responsibility are as unified as that; and two, the criminal law asks many different responsibility questions and not just one generic question.

The Sense and Nonsense of Criminalizing Transfers of Obscene Material: Criminalizing Privacy Violations

The recent distribution of nude photos of a number of high profile Hong Kong celebrities has provoked intense discussion about the state of Hong Kong's obscenity and indecency laws. In this paper, I argue that Hong Kong's laws prohibiting the transfer of obscene and indecent information and images between consenting adults are both under-inclusive and over-inclusive. The Control of Obscene and Indecent Articles Ordinance is under-inclusive in that it does not adequately criminalise grave violations of privacy. It is also over-inclusive because it is a blanket prohibition against the transfer by all parties (including consenting adults) of all forms of obscene and indecent materials. The laws unnecessarily violate the free expression rights of both the producer and consenting viewer of the offensive materials. The producer/publisher of such materials does not harm his or her audience as they willingly view such materials. The justification for maintaining a blanket prohibition against all transfers of such materials is invalid and utterly and totally out of touch with modern life in Hong Kong. The proponents of such laws have used Victorian positive morality considerations to justify continued criminalisation. These laws should be abrogated and replaced with a new piece of legislation that is narrowly tailored to deal with those types of offensive displays that are wrongful in a critical rather than a mere positive morality sense. Criminalisation should be limited to those offences that target children or use children in the production process, violate the rights of non-consenting adult audiences not to receive certain intimate information in certain public contexts, and violate privacy rights by publishing a person's private and intimate information without consent. If x obtains y's profoundly private information and publishes it without y's consent, then x violates y's privacy rights in a grave way. The violation in the right circumstances will justify a criminal law response rather than a mere civil law response. Similarly, if x and y copulate on a public bus they subject the captive audience to an offensive display which violates the non-consenting audience's right not to receive certain intimate information. I argue below that these types of privacy violations give the lawmaker a legitimate justification for invoking the criminal law.

PENGGESERAN TANGGUNG JAWAB TINDAK HUKUM ADMINISTRASI KE TINDAK PIDANA KORUPSI DALAM KASUS DISKRESI HUKUM PEJABAT TATA USAHA

Administrative Legal Action by Administrative Official which is on based in can not always be shifted to become the criminal law responsibility. Because each the law area owning justification value in with the concept and its legal norm. Although, an action of discretionary power from the aspect of its legal norm impress to represent as illegal action, however from its goal exactly give the benefit and the more positive law justice value. So that cannot categorized as corruption.