Criminal Liability Research Articles (Page 1)

Medical negligence is one of the most complex issues in Indonesia's criminal law system and healthcare services. This problem arises when medical actions do not meet professional standards, resulting in harm, serious injury, or patient death. This research aims to analyze criminal law regulations regarding doctors' liability in cases of medical negligence, identify juridical and normative constraints in proving it, and offer directions for legal reform to achieve a balance between legal protection for patients and legal certainty for medical personnel. This research uses a normative juridical method with statutory, conceptual, and case approaches. The research results show that the criminal liability of doctors has been regulated in the old Criminal Code (Articles 359 and 360), the new Criminal Code (Article 474 of Law Number 1 of 2023), and Law Number 17 of 2023 on Health. However, there is no lex specialis that clearly distinguishes between professional negligence and medical malpractice, resulting in overlaps between ethical, disciplinary, and criminal violations. The main obstacles in proving the element of fault (culpa) lie in the difficulty of determining the causal relationship between medical actions and their consequences, weak medical record documentation, and lack of synchronization between professional ethical mechanisms and criminal law processes. Therefore, legal reform is needed to clarify the boundaries of criminal liability for medical personnel through the implementation of alternative dispute resolution (ADR), restorative justice, and professional liability insurance systems. Comprehensive legal reform is expected to create a fair, balanced health law system that provides legal certainty for all parties.

Public policy serves as a vital instrument through which the government regulates society, addresses public needs, and promotes welfare. However, the increasing complexity of governance sometimes results in policies that inadvertently cause state losses, particularly financial ones. This raises critical legal debates on whether such policy outcomes should lead to criminal prosecution. In Indonesia, this issue has become more prominent with cases involving public officials criminalized for policy failures made in good faith. This study employs a normative juridical approach, examining statutory frameworks and legal doctrines governing public administration and anti-corruption law. It focuses on Law No. 30 of 2014 on Government Administration and Law No. 31 of 1999 as amended by Law No. 20 of 2001 on the Eradication of Corruption. Central to the analysis are the concepts of freies Ermessen (administrative discretion) and the General Principles of Good Governance (AAUPB). Findings reveal that policy decisions should not be criminalized solely due to unfavorable outcomes. Criminal liability arises only when policies are made with malicious intent or violate governance principles. The study calls for clearer legal standards to protect lawful discretion while maintaining accountability and promoting legal certainty in governance.

This article attempts to analyse the statute of limitations – a common institution in continental criminal laws – within the framework of the dynamics between public and individual interests in the criminal justice systems. With the Polish legal system as a benchmark and a comparative look at selected other jurisdictions, this article presents the discussions on justifications and legal character of the statute of limitations, trying to define its role within the criminal law and process, given its ability to extinguish criminal liability and prosecution’s powers. This paper aims to present the statute of limitations as a polyphonic institution, with various motives behind its existence and different manners in which it influences the criminal proceedings, arguing that it is the search of a middle ground between the public and individual interest, as well as between failure to adjudicate and eternal prosecutions (both viewed as unjust), that shapes the statute of limitations in contemporary criminal law.

Crime is a form of behavior that is contrary to human morals (immoral), detrimental to society, asocial in nature, and in violation of laws. It is a social reality, and the problem of crime cannot be avoided and is always there, so it is natural that it causes unrest. One form of crime is extortion. Extortion is an act of selfishness that uses violence or threats against others to receive or achieve something. The main element of the crime of extortion, namely whether an act is included as a crime of extortion, is determined by the existence of intent or the will of the perpetrator to force another person by force, violence, or threats, to do or not do something. The approach method used is normative juridical, namely a library legal research conducted by examining library materials or secondary data only using deductive thinking methods. The writing specifications use descriptive analysis, and the sources and types of data used are primary and secondary data. The data were collected using secondary data collection methods. The problem is analyzed with the theory of criminal responsibility, and the theories of Pancasila justice and Islamic justice. Criminal liability for the perpetrators of extortion in Decision Number: 32/Pid.B/2024/PN JKT PST has fulfilled the value of criminal liability in accordance with the provisions of the actus because the defendant, namely ARF alias Jawa, has committed a prohibited act in accordance with that contained in Article 368 of the Criminal Code in conjunction with Article 55 Paragraph (1) Ke-1 of the Criminal Code, has been legally proven and guilty of committing the crime of theft, which is regulated and threatened with imprisonment of 1 year and 6 months each. The judge’s considerations in applying criminal provisions to the perpetrators in this case have been appropriate where the judge has considered both legal and non-legal considerations, facts in the trial, witness statements, existing evidence, and the judge’s conviction.

INTRODUCTION: The legal status of a physician — a passenger on a civil aircraft when providing medical assistance and/or first aid to other passengers or the crew is not fully regulated. OBJECTIVE: Assess the legal regulation of first aid and medical assistance by a physician who is a passenger on a civil aircraft. The article presents analysis of Federal Laws, orders, a review of literature. MAIN PART: According to Federal Law No 323-FZ, first aid is not considered medical assistance, but first aid kits and sets approved by orders of the Russian Ministry of Health are equipped with medical devices and pharmaceutical preparations. In a passenger aircraft, flight attendants are required to provide first aid according to their job descriptions, are required to provide first aid, using medical devices and pharmaceutical preparations from a first aid kit, as regulated by an order of the Russian Ministry of Transport. No other persons are required to provide first aid on a passenger aircraft, including passengers registered with the airline as a “physician on board”. This service is intended to identify passengers who, according to the order of the Ministry of Transport of the Russian Federation, have medical competencies and can use medical devices and pharmaceutical preparations both from the first aid kit and first aid set when providing first aid. The conditions for which first aid is provided are approved in the list of the First Aid Procedure of the Russian Ministry of Health, but they do not list natural childbirth and many life-threatening conditions for the relief of which first aid sets are equipped. The use of medical devices and pharmaceutical preparations from the first aid set and pharmaceutical preparations from the first aid kit, except for those prescribed to the passenger by the attending physician in accordance with the Procedure, do not refer to first aid, but to medical assistance provided without a licensure, which falls under the administrative and criminal liability in the Russian Federation. CONCLUSIONS: A medical professional may provide first aid on board a civil aircraft. To regulate the relationship of an aircraft passenger with a medical diploma, valid accreditation in any specialty with other passengers or the crew of the aircraft in case they have developed conditions that are imperative to provide not only first aid, but also medical assistance, it is necessary to urgently adopt the Ministry of Health of the Russian Federation of orders on the provision of extended first aid by physicians with a more complete list of life-threatening conditions and measures to eliminate them, management of natural childbirth and the ability to use all medical devices and pharmaceutical preparations from first aid kits and first aid sets approved by the Ministry of Health of the Russian Federation.

This paper proposes to bridge the gap between traditional criminal law and environmental jurisprudence by redefining the harm principle proposed by Mill through the Environmental Harm and Human Risk Matrix. The Matrix classifies environmental harm and human risk as low, medium, and high impact, creating nine intersectional approaches to assess environmental harm based on its severity and irreversibility, the risk to human and non-human wellbeing, its intergenerational impact, and the ability to mitigate the impact. Through the Matrix, the paper identifies activities that should be assessed as violations with no criminal liability, harms that should have criminal liability and harms that are subject to interpretation by the executive and the judiciary thereby helping to understand environmental harm within the socioeconomic realities of the situation. The approach not only challenges anthropocentric legal paradigms but also the interpretation of the harm principle while treating the environment as a resource. The challenge to the anthropocentric legal paradigms integrates the socioeconomic realities, environmental harm to human and non-human beings and offers guidelines to differentiate violations requiring restorative approaches from crimes necessitating punitive action. The paper further argues that if environmental harm is purely perceived from the lens of the harm principle apportioning blameworthiness based on liability, culpability and accountability, then the entire human population commits environmental harm since the environment is a resource which is used/misused by all. The paper integrates both approaches while contextualizing the use/misuse of the environment as a resource and examines liability and culpability from the profit motive, wherein environmental harm is intergenerational, pervasive, long-term, and irreversible. However, social manifestations (order, disorder and strain in the society), behavior, culture and socioeconomic vulnerabilities on the utilization of the environment as a resource are imperative to understand environmental harm before affixing accountability. The paper develops a theoretical framework examining the relevant legal and criminological theories (deterrence, rational choice, etc.) and proposes a differential approach to assess environmental harm committed for profits and those committed by the marginalized and least advantaged members of society who invariably utilize environmental resources for survival and/or out of necessity. The paper further argues that sweeping punitive actions risk creating a ‘paradox of poverty’. The Matrix contributes to the current scholarship from the legal and sociological standpoint, arguing for a just, fair and equitable utilization of resources while ensuring an inclusive and sustainable policy to combat environmental violations and thus harm. The work contributes to global green criminology discourse urging transformative legal reforms to mitigate ecological violence and advance planetary justice.

Abstract Commercial drunk-driving liability insurance may incentivize the insured’s drunk driving or attract drinkers’ purchase. This paper investigates whether drunk-driving liability insurance elicits the insured’s opportunistic motive. Empirical results show that the insured who purchase drunk-driving liability insurance have a higher possibility of incurring a drunk-driving accident, suggesting that drunk-driving liability insurance may induce adverse selection or moral hazard. On the other hand, after an amendment to the Criminal Code of Taiwan in June 2013, stricter standards for offenses against public safety and aggravated criminal liability have not altered policyholders’ demand for drunk-driving liability insurance but reduced the probability of drunk-driving accidents. The imposition of mandatory stipulations on drunk driving is therefore not associated with the alleviation of adverse selection but can reduce the moral hazard induced by drunk-driving liability insurance.

This study analyzes the evolution of legal frameworks and the implementation of corporate criminal liability in digital economic crimes in Indonesia. Using a normative juridical method supported by empirical data, the research examines statutory regulations, official institutional reports, and relevant case studies involving digital corporate offenses such as illegal fintech operations, e-commerce fraud, and cryptocurrency-based money laundering. The findings reveal that despite the recognition of corporations as subjects of criminal law under the 2023 Indonesian Criminal Code (KUHP), the Electronic Information and Transactions Law (ITE Law), and the Anti-Money Laundering Law (TPPU Law), law enforcement remains focused on individual offenders and rarely addresses systemic organizational fault. Comparative analysis shows that Indonesia has not yet adopted the corporate culture liability model widely applied in international jurisdictions, which evaluates structural negligence and corporate ethical culture. The study concludes that a reformulation of Indonesia’s criminal law policy is required to emphasize comprehensive corporate accountability and to enhance law enforcement mechanisms in addressing digital economic crimes effectively.

Cosmetic dental procedures such as filler injections are increasingly requested by psychiatric patients, particularly those under antipsychotic medications. This raises unique medico-legal dilemmas regarding the validity of informed consent and the extent of dentists’ criminal liability. Jordanian Medical and Health Liability Law No. 25 of 2018 emphasizes the verification of legal and mental capacity prior to any medical or cosmetic intervention, yet its application to psychiatric cases remains unclear. This study employs a descriptive-analytical methodology, reviewing Jordanian legal provisions, and doctrinal writings, alongside relevant international ethical guidelines. Medical literature on the effects of psychiatric medications on cosmetic outcomes is integrated to contextualize the legal analysis. The findings highlight significant challenges: psychiatric patients may appear stable when signing consent but lack true legal capacity; antipsychotic medications can negatively affect cosmetic outcomes; and insufficient medical documentation often leads to the presumption of medical error. Jordanian law provides partial safeguards but leaves gaps in addressing elective, non-therapeutic cosmetic interventions in vulnerable patient groups. The study underscores the need for stricter safeguards when providing cosmetic treatments to psychiatric patients, including mandatory psychiatric consultation, robust documentation of mental capacity, and legally valid informed consent. Failure to comply with these obligations may expose dentists to criminal liability, even in the absence of intent. Legal reforms and clearer professional protocols are recommended to balance patient rights with practitioner protection.

This paper examines the evolution of corporate criminal liability in Romanian and European criminal law, highlighting the shift from the traditional principle societas delinquere non potest to the contemporary recognition of corporate criminal responsibility. The primary aim of the study is to assess the effectiveness of the current sanctioning mechanisms applicable to legal persons, through a comparative analysis of Romanian and selected European legal systems. The research traces the normative development of corporate liability in Romania, especially following the 2004 Criminal Code, and analyzes its alignment with European Union directives and Council of Europe standards. Through comparative examination of jurisdictions such as France, Germany, and the Netherlands, the study evaluates the structure, proportionality, and practical enforcement of sanctions imposed on corporate entities. It also explores doctrinal and jurisprudential debates on the attribution of criminal liability to legal persons, evidentiary challenges, and the impact of corporate compliance programs in mitigating responsibility.Special emphasis is placed on the interpretative role of the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU), whose rulings increasingly shape national approaches. By integrating legal theory with case law analysis, the paper aims to determine whether current mechanisms serve their preventive and deterrent functions effectively, and to identify areas where further harmonization or reform is necessary. The findings contribute to the ongoing European discourse on corporate accountability and the need for coherent, functional, and just responses to corporate crime.

The article examines international standards for preventing and managing conflicts of interest in public administration, which are formed based on the consensus of leading international organizations regarding ensuring integrity and transparency in public governance. The study analyzes fundamental international documents in this field, particularly the UN Convention against Corruption of 2003, the Council of Europe conventions on criminal and civil liability for corruption, which establish general frameworks for national legislation and define minimum standards for combating corrupt practices. Special attention is paid to analyzing the provisions of the UN Convention against Corruption, which obliges state parties to create systems for ensuring transparency and avoiding conflicts of interest, as well as implementing declaration mechanisms for their detection. The International Code of Conduct for Public Officials of 1996 and its approaches to regulating conflicts of interest are examined. The standards of the Organisation for Economic Co-operation and Development (OECD) are analyzed in detail, particularly the Recommendations on Principles for Managing Conflicts of Interest in the Public Sector of 2003 and 2020, which define conflict of interest as a situation between public duty and private interest of officials. The comprehensive OECD system for managing conflicts of interest is studied, which includes prevention policy, detection mechanisms, resolution procedures, and monitoring measures. The role of the Council of Europe in forming standards for preventing conflicts of interest through the Model Code of Conduct for Public Officials of 2000 and GRECO activities is revealed. The mechanism for monitoring compliance with international standards through the process of peer review and peer pressure is demonstrated, which ensures practical control and mutual accountability of states. A conclusion is made about the contemporary development of international standards, characterized by strengthening preventive measures, using information technologies, and creating a culture of integrity in public administration, which ensures the dynamism of the system of norms and principles.

The enforcement of law against banking fraud within the online gambling industry in Indonesia faces intricate challenges amidst rapid digital technology advancements. This study aims to analyze the forms of criminal liability for perpetrators of banking fraud involved in online gambling under Indonesia’s positive law and to identify the primary obstacles in law enforcement processes, along with investigators’ efforts to address them. Employing a normative juridical approach and literature review method, this research examines regulations such as the 1945 Constitution, Law No. 8/1981 on Criminal Procedure Code, Law No. 10/1998 on Banking, Law No. 8/2010 on Anti-Money Laundering, Law No. 1/2024 on Electronic Information and Transactions, and Law No. 1/2023 on the New Criminal Code. Findings reveal that perpetrators of banking fraud face penalties of up to 7 years under Articles 492 and 483 of the New Criminal Code for fraud and embezzlement, and up to 20 years under the Anti-Money Laundering Law for money laundering. Major challenges include difficulties in digital evidence collection due to advanced encryption, overseas servers, and low compliance in reporting suspicious transactions, as evidenced by PPATK’s 2025 report noting only 573 active reporters out of 89,000. Cases like the arrest of two online gambling bosses (OHW and H) in May 2025 exposed the massive abuse of 4,000 bank accounts, yet inter-agency coordination among the Police, OJK, Kominfo, and PPATK remains hindered by limited digital forensics and cross-jurisdictional issues. Investigators address these barriers by leveraging digital forensic technology, international cooperation through Mutual Legal Assistance, and enhanced big data-based monitoring systems. This study recommends a holistic approach integrating strengthened financial technology regulations, investigator training, and public education to prevent cybercrimes, thereby upholding the rule of law and safeguarding the national financial system.

The convergence of neuroscience and law has given rise to neuro-law, a rapidly evolving field exploring how advances in brain sciences influence legal doctrines, judicial reasoning, and the conceptual foundations of responsibility and rights. The advent of brain–machine interfaces (BMIs)—technologies enabling direct communication between neural systems and external devices—introduces unprecedented ethical, legal, and regulatory challenges. This article examines the implications of BMIs for criminal liability, autonomy, privacy, evidence, and human rights. It further analyzes emerging regulatory frameworks and proposes a neurolegal paradigm for balancing innovation with the protection of human dignity and cognitive sovereignty.

This study aims to understand the implementation of criminal liability for minors who commit theft at the Bantul District Court in Yogyakarta, as well as the factors influencing the application of criminal sanctions against such children. The research employs an empirical juridical method with a qualitative approach. Data were collected through literature studies and direct interviews with judges handling juvenile cases. The findings indicate that the legal process for minors is carried out by prioritizing the principle of restorative justice through a diversion mechanism, in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Diversion is conducted prior to trial, and if it fails, the court proceedings continue behind closed doors with consideration of the best interests of the child. The imposed sanctions are more rehabilitative in nature, such as returning stolen goods, compensation, or guidance by parents. Factors influencing the imposition of sanctions include internal factors related to the child, external conditions such as family and environment, as well as legal aspects and recommendations from the Correctional Center (BAPAS).

The involvement of rogue Land Deed Officials (PPAT) and Notaries in illegal land title transfers, exemplified by the case of Nirina Zubir, constitutes a severe breach of their Profession Code of Ethics and professional oath. This highlights their failure to perform the principle of due diligence, as it is exploited by involving themselves in land mafias practice. The professional duty to act with honesty, integrity, diligence, independence, and impartiality, mandated by the Code of Ethics, the Notary Public Law (UUJN), and Regulation on the Office of the PPAT is violated when an authentic deed is issued based on forged documents or false identities. Such actions directly cause significant material losses and trigger a Tort (Perbuatan Melawan Hukum/PMH) under Article 1365 of the Civil Code. The consequences of these ethical violations are layered, encompassing professional disciplinary sanctions (ranging up to dishonorable discharge by the Notary Honorary Council or the PPAT Honorary Assembly), along with potential civil and criminal liability. This makes it a crucial issue demanding rigorous legal and ethical enforcement to restore the profession's integrity and ensure legal certainty in land affairs.

This article aims to analyze the phenomenon of sentimental fraud, also known as the “love scam,” which consists of manipulating affective relationships to obtain an unlawful advantage, usually of a patrimonial nature. The central issue is to determine whether the Brazilian legal system provides effective mechanisms to adequately punish such conduct or whether there is a need to create an autonomous criminal type. The general objective of this study is to analyze the legislative gaps and legal challenges related to sentimental fraud within Brazilian Criminal Law, specifically seeking to examine how doctrine and case law have addressed the topic in relation to Article 171 of the Penal Code, to evaluate the impact of digital crime legislation on the criminal liability of such conduct, and to investigate recent legislative proposals, particularly Bill No. 69/2025, which proposes the specific typification of this practice. The research adopts a qualitative and bibliographic methodology, based on doctrinal, jurisprudential, and legislative analysis. The results indicate that, although there are legal mechanisms that attempt to fill existing gaps, evidentiary difficulties and lack of jurisprudential uniformity persist, especially in digital contexts. It is concluded that there is a need to reflect on the adequacy of the current criminal system and the possible creation of a specific criminal type, in light of the principles of legality, minimal intervention, and human dignity.

This article analyzes the application of Law No. 7,716/1989, which defines crimes resulting from racial or color-based prejudice, highlighting its omission in cases involving offenses committed by Black individuals against white individuals. Such omission is often justified by the claim that racism against white people commonly referred to as reverse racism does not exist. The aforementioned law was enacted with the objective of combating hate speech, regardless of the perpetrator’s identity. This study aims to examine the boundaries and applicability of the law, questioning the legitimacy of exempting Black individuals from criminal liability for racism. The theoretical framework, based on an inductive approach, explores the origins and typologies of racism to understand its contemporary manifestations. Furthermore, judicial decisions are analyzed to assess how judges interpret the law in various contexts. Racism is understood as a form of discrimination practiced by individuals who perceive themselves as superior and seek to dominate others, and the victim may also be a white person, with no explicit reference to historical context in the legislation.

The resolution of criminal acts through restorative justice, as demonstrated in Decision Number 56/Pid.Sus/2020/PN BDW, provides an alternative mechanism for handling criminal cases, including complaint-based offenses. Although reconciliation was achieved between the defendant and the victim-witness, the defendant was nevertheless found guilty and sentenced to three months of imprisonment. The central issue examined in this study is whether the application of restorative justice in domestic violence cases aligns with Law Number 23 of 2004 and whether the judicial decision is consistent with prevailing legal standards. This research employs a normative and descriptive-analytical approach based on secondary data. The findings indicate that the application of restorative justice in this case adheres to the procedures outlined in the Decree of the Director General of the General Courts No. 1691/DJU/SK/PS.00/12/2020. Despite reconciliation and the withdrawal of the complaint, such actions do not eliminate the defendant’s criminal liability. Although the court ruled that the defendant was not required to serve the prison sentence, the researchers argue that reconciliation achieved through restorative justice should not merely serve as a mitigating factor but should instead form the legal basis for exemption from punishment. Moreover, the regulatory framework for resolving domestic violence cases through restorative justice should be developed in greater detail. When a domestic violence case fails to meet the formal requirements for restorative justice, the conventional criminal justice process should apply.

Misuse of the Kartu Indonesia Pintar Kuliah (KIP-K) scholarship through falsification of personal data by economically capable individuals is a crucial issue that is detrimental to the underprivileged. This study aims to analyze the factors causing falsification of KIP-K data, its social impact, and the legal basis that regulates it. This study uses a normative legal approach with a literature study based on laws and regulations, books, and scientific journals. The focus of the study is falsification of personal data in the Kartu Indonesia Pintar Kuliah (KIP-K) program, reviewed from the aspects of criminal law and educational principles. Data collection was carried out through a review of legal documents and related literature, with qualitative analysis to understand the motives, impacts, and criminal liability. The results of the study show that the weak criminal sanctions in the Regulation of the Minister of Education and Culture Number 10 of 2020 and the online registration system that is vulnerable to manipulation encourage misuse. As a result, underprivileged people lose access to higher education, widen social inequality, and damage public trust in government programs. Law enforcement through Law Number 27 of 2022 concerning Personal Data Protection and Law Number 11 of 2008 concerning Electronic Information and Transactions needs to be harmonized to provide a deterrent effect. This study also aims to improve the integration of national databases and artificial intelligence technology for data verification to ensure that KIP-K is on target.

The article explores criminal law qualification as a fundamental component of the state’s criminal law policy, which ensures the practical implementation of criminal legislation and promotes the uniform application of law. Particular attention is given to the transformation of this institution in the context of martial law, the digitalization of social relations, and European integration processes. It is argued that accurate criminal law qualification plays a decisive role in safeguarding the principles of legality, legal certainty, and fairness in criminal proceedings, while its quality directly determines the effectiveness of state policy in the sphere of crime prevention. The study identifies specific features of qualification across different categories of criminal offenses. In cases of theft, robbery, fraud, and embezzlement, a tendency toward unification of approaches has been observed, as reflected in the jurisprudence of the Supreme Court. At the same time, recently incorporated provisions of the Criminal Code of Ukraine (notably Article 111-1) demonstrate challenges associated with the vagueness of dispositions and the concurrence of norms, leading to inconsistencies in judicial practice. The article also addresses the qualification of war crimes, where the incorporation of norms of international humanitarian law and the case law of international tribunals into domestic proceedings reveals the political dimension of this institution and its importance for Ukraine’s international standing. In the field of cybercrime, the absence of clear criteria for distinguishing between criminal and administrative liability is underscored, which generates risks of legal uncertainty and highlights the need for new doctrinal approaches. It is concluded that criminal law qualification represents a multidimensional phenomenon combining both law-enforcement and political aspects. It functions as an indicator of the effectiveness and legitimacy of criminal law policy, while its further development requires harmonization of legislative frameworks, unification of judicial practice, and alignment with international standards.