Articles published on Criminal Liability
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- Research Article
- 10.1177/0193841x261423287
- Aug 1, 2026
- Evaluation review
- Kathryn A Thomas + 1 more
Although the United States has safe haven laws, which allow mothers to safely relinquish their babies to designated safety points, rates of infant mortality remain significantly higher in the United States than other similarly developed countries. The current study is seeking to explore the state-level association between safe haven laws and infant mortality in the United States utilizing a legal epidemiological approach. Several sources of publicly available data were combined to examine the state-level association between safe haven laws and rates of infant mortality. A backward stepwise regression was used to determine whether certain safe haven laws significantly predicted rates of infant mortality, while controlling for demographic variables. After controlling for demographic variables including rates of health insurance and poverty, safe haven laws stating that only the mother can relinquish a child, laws that protect parents from criminal liability, and laws requiring the provider to provide legal information and referrals were associated with infant mortality, with the total model accounting for 70.1% of variance in infant mortality. These results have important implications for policymakers considering the reform of the safe haven laws. It is especially important to evaluate the effectiveness and origins of safe haven laws in the wake of the overturn of Roe v. Wade. Future studies should longitudinally examine how changes in safe haven laws lead to changes in rates of infant mortality.
- Research Article
- 10.61968/journal.v6i2.99
- Jun 26, 2026
- International Journal of Latin Notary
- Riska Junita + 1 more
This study examines the liability of the notary for the material truth of authentic deeds that subsequently give rise to unlawful acts. A notary is a public official authorised to prepare authentic deeds in respect of all legal acts, agreements, and declarations, in accordance with the law governing the position of the notary. The research employs a normative juridical method, drawing on library-based legal sources supplemented by field research. The study adopts a descriptive-analytical specification with a normative analytical method. The findings show that the notary’s responsibility is to ensure that the procedure for preparing the deed complies with the law, but the notary does not bear responsibility for the material truth of the contents of the deed, which originate from the appearing parties. Where a notary commits a fault or omission in respect of the material aspects of an authentic deed, causing loss to others and giving rise to an unlawful act that can be proved, the notary may be held administratively accountable through sanctions ranging from reprimand to dismissal, civilly accountable through the payment of damages, and criminally accountable; where it is proved that the notary intentionally or knowingly prepared, conspired in, or signed a false deed, he or she is subject to criminal liability for complicity in the forgery of a deed.
- Research Article
- 10.1080/23248823.2026.2689789
- Jun 24, 2026
- Contemporary Italian Politics
- Maria Esmeralda Bucalo + 2 more
ABSTRACT This article examines the Meloni Government’s approach to civil rights from the perspective of end-of-life issues. It reconstructs the legal framework shaped by the Italian Constitutional Court’s jurisprudence, from Order No. 207 of 2018 to Judgement No. 204 of 2025, which progressively clarified the conditions under which medically assisted suicide may be exempt from criminal liability. The article analyses the consequences of the continuing absence of comprehensive national legislation, highlighting procedural uncertainties, uneven implementation, and the medico-legal challenges faced by healthcare institutions. It then explores the major developments of 2025. On the one hand, it discusses the Constitutional Court’s declaration of unconstitutionality regarding several provisions of Tuscany Regional Law No. 16/2025, enacted to implement the Court’s 2019 ruling on medically assisted suicide. On the other hand, it examines the government bill currently before the Senate, emphasizing both its departure from the Constitutional Court’s jurisprudence and its restrictive approach to end-of-life decision-making.The Government’s stance on end-of-life issues is subsequently situated within a broader framework of civil rights policies. The chapter concludes by examining the resurgence of the sanctity-of-life principle and its implications for patient autonomy and individual self-determination in end-of-life choices.
- Research Article
- 10.46924/jihk.v8i1.477
- Jun 19, 2026
- JIHK
- Indy Kanaishia + 1 more
Human trafficking is a transnational organized crime that poses a serious threat to human rights and frequently involves multiple actors with varying degrees of participation, including accomplices (medeplichtigheid). However, the legal interpretation of aiding and abetting and the corresponding scope of criminal liability continue to present challenges in law enforcement practice. This study aims to analyze the legal determination of aiding and abetting in human trafficking offenses under Indonesian criminal law and to formulate the limits of criminal liability for individuals who fulfill this element, while emphasizing victim protection as a primary objective. The study employs a normative legal research method using statutory, conceptual, and case-based approaches. The findings indicate that aiding and abetting in human trafficking requires the existence of actual assistance, intentional participation, and a functional connection between the assistance provided and the exploitation of the victim. Criminal liability should therefore be assessed based on the degree of culpability and the extent of an accomplice’s contribution to the trafficking network. The study concludes that clearer legal standards regarding aiding and abetting can strengthen efforts to combat human trafficking while enhancing the protection, recovery, and fulfillment of victims’ rights.
- Research Article
- 10.19184/puskapsi.v6i1.60025
- Jun 19, 2026
- PUSKAPSI Law Review
- Mochammad Rifky Setiawan + 2 more
This study examines the role of exposure as the decisive variable in determining the effectiveness of deterrence in corruption law enforcement, particularly in policy corruption cases in Indonesia. Using a doctrinal legal research method with statute, conceptual, and case approaches, this research analyzes Law Number 1 of 2023 on the Criminal Code and Decision Number 34/Pid.Sus-TPK/2025/PN Jakarta Pusat concerning the sugar trade case. The study employs GONE Theory (greed, opportunity, need, and exposure) to identify criminogenic factors, positioning exposure not solely as a supporting element but as a structural and epistemic condition that determines the visibility and enforceability of anti-corruption law. It is found that low exposure prevents penal threats from being perceived as credible risks, thereby weakening deterrence even when legal elements are formally fulfilled and sanctions are imposed. This condition is reinforced by a formalistic, result-oriented enforcement approach that prioritizes state financial loss while under-articulating abuse of authority as a breach of public trust. The findings suggest that deterrence failure should be reconceptualized as resulting from low exposure rather than insufficient punishment severity. Accordingly, it proposes a reconstruction of criminal liability through strengthening official culpability and operationalizing dolus eventualis, supported by transparent, consistent, and communicative judicial reasoning to enhance the preventive and normative functions of criminal law.
- Research Article
- 10.1007/s00115-026-01987-y
- Jun 16, 2026
- Der Nervenarzt
- Dieter Seifert
From feeblemindedness to intellectual deficiency : Some comments from the forensic-psychiatric perspective on the replacement of the juridical term in the German Criminal Code (the criminal liability paragraph20StGB)
- Research Article
- 10.1016/j.ijlp.2026.102253
- Jun 15, 2026
- International journal of law and psychiatry
- Covadonga Canga-Espina + 3 more
Criminal liability and Bipolar Disorder in Spain: A systematic analysis of 182 judicial sentences (2019-2024).
- Research Article
- 10.1080/07366981.2026.2688576
- Jun 15, 2026
- EDPACS
- Abdullah Ehjelah + 9 more
ABSTRACT This study examines the legal responsibilities of digital platform managers for unlawful online content through a comparative analysis of Jordanian and Egyptian law. It argues that platform management is no longer a merely technical function, but a legally significant form of control involving publication, removal, access administration, cybersecurity, content supervision, and digital evidence preservation. The study analyzes criminal and civil liability, showing that Jordanian law relies on presumed liability of the actual manager, subject to limited exceptions, while Egyptian law adopts a more detailed model grounded in defined managerial roles, technical duties, security obligations, and evidence-related offenses. It further demonstrates that IT audit provides the evidentiary and governance infrastructure needed to assess compliance, negligence, causation, and intent. The study concludes that effective regulation should integrate legal accountability, IT audit, cybersecurity controls, victim compensation, and protection of freedom of expression.
- Research Article
- 10.46924/0m0ctn85
- Jun 13, 2026
- JIHK
- Muhamad Najib Hilal Haadii + 1 more
The rapid expansion of digital commerce and the growing reliance on shipping services have resulted in shipping companies processing substantial volumes of consumers’ personal data, thereby increasing the risk of data misuse and security breaches. This development underscores the need for robust legal protection mechanisms and clear standards of accountability concerning the management of personal data by business actors. This study aims to analyze the legal framework governing the protection of consumers’ personal data in shipping services and to examine the legal liability of business actors for personal data breaches under Law Number 27 of 2022 on Personal Data Protection. Employing a normative legal research method, the study utilizes statutory, conceptual, and analytical approaches through an examination of primary, secondary, and tertiary legal materials. The findings indicate that personal data protection in Indonesia has been comprehensively regulated through the Personal Data Protection Law and its supporting regulations. Furthermore, the legal responsibilities of business actors encompass preventive measures, breach-response obligations, as well as civil, administrative, and criminal liabilities. The study concludes that shipping service providers must implement accountable and transparent data protection governance to ensure legal certainty, strengthen consumer protection, and maintain public trust in the digital economy.
- Research Article
- 10.24144/2307-3322.2026.94.3.17
- Jun 12, 2026
- Uzhhorod National University Herald. Series: Law
- V.A Kirilyuk + 1 more
The article provides a comprehensive criminological analysis of alcoholization and drug addiction as background phenomena of crime that significantly influence the formation of individual criminogenic behavior and the overall trends of contemporary criminality. It is substantiated that the consumption of alcohol and narcotic substances should not be considered solely as a medical or social issue, since their criminogenic potential manifests itself through profound deformation of the motivational, value- based and volitional spheres of personality, reduction of self-control, and impairment of the ability to critically assess one’s own actions. The study emphasizes that alcoholization, being a socially tolerated phenomenon, acts as one of the most widespread catalysts of violent and domestic crime, especially under conditions of urbanization and increased social tension. It is demonstrated that a state of alcohol intoxication contributes to the escalation of interpersonal conflicts, transformation of antisocial behavior into criminal acts, and reproduction of deviant behavioral patterns at the intergenerational level. Special attention is paid to drug addiction as a more dangerous criminogenic factor characterized by the formation of persistent dependence and a specific motivation for criminal behavior. It is argued that drug dependence leads to a systemic nature of criminal activity, a high level of recidivism, and involvement of individuals in criminal environments, including offenses related to illicit drug trafficking. Based on the analysis of scientific approaches and official statistical data, the article reveals criminological characteristics of offenders who commit crimes under the influence of alcohol or drugs and highlights the role of psychoactive substances in the structure of serious and especially serious criminal offenses. Considerable attention is devoted to the criminal law assessment of intoxication, particularly to the analysis of Articles 21 and 67 of the Criminal Code of Ukraine, which establish a coherent model of criminal liability and punishment individualization for offenses committed in a state of intoxication. The author concludes that effective counteraction to crime associated with alcoholization and drug addiction is impossible solely through criminal law measures. Instead, it requires the implementation of a comprehensive prevention system combining general social, special criminological, and individual preventive mechanisms aimed at reducing the criminogenic impact of psychoactive substances and enhancing public safety in modern society.
- Research Article
- 10.52403/ijrr.20260614
- Jun 10, 2026
- International Journal of Research and Review
- M Ngurah Yogie Khrsna + 3 more
The criminal liability of doctors in telemedicine services is often a focal point in legal proceedings, particularly when adverse outcomes occur for patients or their families. Meanwhile, inaccuracies in the information provided by patients are sometimes overlooked or given insufficient attention. Law No. 17 of 2023 on Health serves as the legal basis for clarifying criminal offences and the criminal liability of doctors in telemedicine services, particularly when issues arise from factors beyond their control, such as technological limitations, incomplete patient information, and the appropriateness of medical practice. This study aims to determine whether adverse outcomes from telemedicine services for patients or their families constitute criminal acts and can be held legally accountable. This research employs a legal methodology with a legal and conceptual approach. The findings reveal that patient dissatisfaction with the service or medical negligence can lead to legal issues classified as criminal acts. Acts considered criminal in telemedicine include those prohibited by law and subject to penalties under the Health Act. Criminal liability arises if a doctor’s error results in serious harm, such as adverse outcomes from diagnosis or treatment carried out without adequate physical examination, thereby subjecting the doctor to criminal sanctions under applicable law. Keywords: Telemedicine, Doctors, Patients, Crime
- Research Article
- 10.62264/jlej.v4i2.269
- Jun 4, 2026
- Journal of Law, Environmental and Justice
- Ralfie Pinasang + 3 more
The failure to establish proof in mining corruption cases, attributable to the predominance of administrative regimes, strict liability, and the ultimum remedium principle, generates a procedural misconception, obscures corporate liability, and creates opportunities for managerial actors to evade accountability, while facilitating the expansion of licensing-related corruption intertwined with ecological degradation. This research aims to critically examine the evidentiary framework of mining corruption in Indonesia, which remains anchored in the doctrine of strict liability, by formulating a model of corporate criminal liability grounded on corporate fault. This research is normative, employing a statutory approach particularly with reference to the New Criminal Code of Indonesia; a comparative approach with the United Kingdom, notably the ECCTA 2023 and the Bribery Act 2010; as well as a conceptual approach to assess the adaptation of corporate liability models in mining corruption within a global ecological dimension. The findings indicate that, following the enactment of the New Criminal Code of Indonesia, mining-related offences may be classified as corruption where it is established that unlawful enrichment and abuse of authority result in state losses, encompassing economic, ecological, and social loss. Accordingly, this research conceptualizes an ideal framework of corporate liability in mining corruption: (i) the systemic reinforcement of corporate liability within the New Criminal Code; (ii) A shift towards preventive accountability through the ‘failure to prevent’ doctrine, as developed in the United Kingdom; and (iii) the classification of mining corruption based on economic, ecological, and social loss.
- Research Article
- 10.58258/r9m7pz52
- Jun 4, 2026
- JIHAD : Jurnal Ilmu Hukum dan Administrasi
- I Gede Sadia Dwi Ratmaja
The development of information and communication technology has transformed product marketing from conventional media to digital marketing through social media platforms. In this context, influencers play a significant role in promoting products to the public. However, cases have emerged where influencers promote illegal products or products without proper distribution permits, potentially causing harm to consumers. The issues addressed in this study concern the legal regulation of product promotion through social media in Indonesia and the form of criminal liability of influencers who promote illegal products. This research employs a normative legal research method using statutory and conceptual approaches. Legal materials were collected through library research and analyzed qualitatively. The results show that product promotion through social media is subject to several legal provisions, including the Law on Electronic Information and Transactions, the Consumer Protection Law, and regulations concerning Electronic Commerce. Influencers may be held criminally liable if their promotional activities fulfill the elements of a criminal offense, particularly when there is an unlawful act, fault in the form of intent or negligence, and involvement in disseminating misleading information or facilitating the circulation of illegal products, which may be linked to the concept of participation under Articles 55 and 56 of the Criminal Code
- Research Article
- 10.32631/vca.2026.2.p1.03
- Jun 1, 2026
- Вісник Кримінологічної асоціації України
- В.П Ємельянов + 1 more
The article is devoted to identifying contradictory provisions in the current legislation on criminal liability concerning the legislative classification of acts as criminal misdemeanors or crimes, as well as to developing proposals for improving these legislative provisions. It has been established that the current Criminal Code of Ukraine contains 121 corpus delicti of criminal misdemeanors, of which 111 are basic and 10 are qualified. The placement of these corpus delicti of criminal misdemeanors within the sections of the Special Part of the Criminal Code of Ukraine is also demonstrated. At the same time, attention is drawn to the imperfection of certain provisions. First of all, the imperfection of the sanctions of Parts 1 and 2 of Article 111-1 of the Criminal Code has been identified. These provisions provide for only one type of principal punishment — deprivation of the right to hold certain positions or engage in certain activities — which, in practice, cannot be effectively applied to certain categories of offenders. It is therefore proposed to improve the sanctions of these parts by making them alternative sanctions that include principal punishments from among those provided for in Part 1 of Article 52 of the Criminal Code. It is also proposed to classify the acts under these parts of Article 111-1 as crimes rather than criminal misdemeanors, since defining them as criminal misdemeanors in the section establishing liability for acts directed against the foundations of Ukraine’s national security appears illogical and ineffective. It has also been established that the provisions of Article 134 of the Criminal Code of Ukraine are inconsistent. Illegal abortion that did not cause serious consequences (Part 1 of Article 134) and coercion to undergo an abortion without the voluntary consent of the victim (Part 2 of Article 134) are defined as corpus delicti of crimes, whereas coercion to undergo sterilization without the voluntary consent of the victim (Part 4 of Article 134) is defined as a corpus delicti of a criminal misdemeanor. Taking into account that forced sterilization is classified in international legal instruments as a crime against humanity, it is proposed to define in Part 4 of Article 134 the corpus delicti of a crime rather than that of a criminal misdemeanor. Attention is also drawn to the fact that the Code contains 34 corpus delicti of non-serious crimes (crimes of minor gravity), the alternative sanctions of which include only types of punishment not related to imprisonment. However, these acts are not classified as criminal misdemeanors solely because the fine exceeds three thousand non-taxable minimum incomes of citizens. In this regard, the proposal expressed in the legal literature is supported: if the sanctions of an article provide only for punishments not related to imprisonment, the amount of the fine in such sanctions should not exceed three thousand non-taxable minimum incomes of citizens. Technical errors have also been identified in the text of Part 2 of Article 49 of the Criminal Code and in the sanction of Part 1 of Article 360 of the Criminal Code, and proposals for their elimination have been developed.
- Research Article
- 10.61445/tofedu.v5i2.1814
- May 29, 2026
- TOFEDU: The Future of Education Journal
- Vaula Karera + 1 more
Human trafficking is a form of transnational organized crime that has serious impacts on human rights and requires effective criminal accountability. The legal issue examined in this study focuses on the regulation of criminal liability for perpetrators and the mechanisms of law enforcement within the framework of international criminal law. This study aims to analyze the forms of criminal liability in human trafficking crimes and to examine the mechanisms for their implementation against organized criminal networks. The research employed a normative juridical method using statutory and conceptual approaches, supported by library research. The findings indicate that criminal liability applies not only to the principal perpetrators but also to all parties involved in the criminal network, including corporations. In addition, law enforcement requires international cooperation mechanisms such as extradition and mutual legal assistance, although practical challenges remain in terms of evidence collection and coordination among states.
- Research Article
- 10.1016/j.jflm.2026.103183
- May 26, 2026
- Journal of forensic and legal medicine
- Ömer Asan + 4 more
Sleep-related violence in parasomnias: Forensic and clinical insights for criminal responsibility assessments.
- Research Article
- 10.1163/15718093-bja10173
- May 21, 2026
- European journal of health law
- Gerhard Dannecker + 1 more
This study examines the decisions of the German and Austrian constitutional courts on the subject of assisted suicide in a comparative legal framework. Both judgments are based on human dignity and the right to self-determination, but differ in their definition of the limits of the state's obligation to protect life. The German Federal Constitutional Court interprets the right to self-determination in the broadest sense: It states that the motives for a decision to end one's life cannot be subject to external evaluation, as they fall exclusively within the sphere of the individual's inner convictions. The Austrian Constitutional Court, on the other hand, merely declared that a total ban was unconstitutional and left it to the legislature to lay down detailed rules. As a social and political consensus in favour of stricter regulation has emerged in Austria, the legislature limits the circle of eligible persons in the Sterbeverfügungsgesetz (Living Will Act) to those who are terminally ill or suffering from a life-threatening illness and layed down detailed procedural safeguards. The fundamental difference between the two models can thus be summarised as follows: Germany recognises personal autonomy under all circumstances without any restrictions, while Austria restricts access to assisted suicide more strictly and limits it to the seriously ill in order to prevent abuse.
- Research Article
- 10.1097/01.aoa.0001192416.56081.aa
- May 21, 2026
- Obstetric Anesthesia Digest
- M Oberman + 2 more
N Engl J Med . 2025 Dec 18;393(24):2478–2482. doi: 10.1056/NEJMms2510113. In the years following Dobbs v. Jackson Women’s Health Organization , the consequences of state abortion bans are becoming increasingly visible, in expected ways, and in deeply troubling new ones. Whereas unsafe abortions in the pre-Roe era often occurred outside medical institutions, today, patients are experiencing harm inside hospitals, where physicians hesitate to act because of fear of criminal liability. The result is restricted access to abortion and disruption of established medical standards of care.
- Research Article
- 10.69714/r2gvnc76
- May 16, 2026
- Jurnal Ilmiah Multidisiplin Ilmu
- Siti Nurvinia Nareswari + 1 more
Environmental pollution is a serious issue affecting ecosystem sustainability and public health. Industrial activities without proper waste management are a major cause of pollution, including water, air, and soil contamination. This condition not only causes environmental damage but also leads to social and economic losses for communities. Therefore, strict and effective law enforcement is required to create a deterrent effect and prevent similar actions. This study aims to examine the regulation of environmental crimes based on Law Number 32 of 2009 concerning Environmental Protection and Management and to analyze law enforcement against offenders from the perspective of the Indonesian Criminal Code (KUHP) 2023. The research method used is normative juridical with statutory and conceptual approaches through literature study. The results show that the 2023 Criminal Code provides a more comprehensive legal basis, particularly regarding corporate criminal liability. However, in practice, law enforcement still faces challenges such as weak supervision and difficulties in proving cases. Therefore, it is necessary to strengthen supervision and ensure consistent law enforcement to achieve optimal environmental protection
- Research Article
- 10.55606/jurrish.v5i3.8599
- May 4, 2026
- Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
- Mohammad Waes Alqorni
The death of a Madrasah Tsanawiyah (MTs) student allegedly linked to police action raises significant legal issues concerning the limits of the use of force and the construction of criminal liability. This study aims to reformulate the elements of assault resulting in death by integrating the objective element (actus reus) and the subjective element (mens rea) within the framework of the doctrines of dolus and culpa. It also seeks to develop a model of criminal liability analysis that is more transparent, accountable, and oriented toward the protection of a child’s right to life. This research employs a normative juridical method using statutory, conceptual, and case approaches, supported by a literature review of legislation, court decisions, and criminal law scholarship. Data are analyzed qualitatively through grammatical, systematic, and teleological interpretation. The findings indicate that proving the act and the resulting death alone is insufficient without clearly establishing the form of fault. The distinction between dolus eventualis and culpa lata constitutes a decisive factor in determining the classification of the offense and the degree of criminal liability. Ambiguity in identifying the spectrum of fault may lead to sentencing disparities and weaken the principle of geen straf zonder schuld (no punishment without fault). Therefore, this study proposes a reconstruction of the elements of the offense that places proof of mens rea at the center of assessing police accountability while ensuring the protection of the child’s right to life.