Punishment Research Articles

Encroachment on a Non-Existing Object or an Object Obviously Unsuitable for Implementation of Intent and the Consequences of such an Act under the Criminal Code of 1903

One of the innovations of the Criminal Code of 1903 was that it provided for the possibility to consider an object that did not exist or was unsuitable for achieving the desired criminal result as a circumstance entailing the non-criminality of the act. The paper explains theoretical and practical prerequisites for this innovation. The paper analyzes the practice of the Governing Senate (the Supreme Court of the Russian Empire) regarding encroachments on an imaginary or unusable object (object) of a crime during the period of validity of the Code on Criminal and Correctional Punishments – the predecessor of the Criminal Code of 1903. The author argues that the studied judicial practice was inconsistent and it was not necessary for law enforcement officers of that time for clear and reasonable criteria on this issue. The author analyzed the ideas and intent of the drafters of the Criminal Code of 1903 regarding the circumstance in question, as well as the corresponding provision of the law. It is concluded that the ideas and judgments expressed during the development and evaluation of the relevant normative regulation may be in demand when improving the Criminal Code of the Russian Federation, which does not directly regulate liability for an attempt on an unusable object.

An Experimental Investigation Examining the Impact of Medical Association Statements about Drug Addiction on Perceptions of Criminal Culpability and Punishment

This study examined whether public opinion on drug addiction, perceived culpability/responsibility, and punishment were impacted by statements from medical associations that drug addiction is a disease and not a choice. We utilized an experimental information provision survey distributed via Qualtrics to heads of household in South Carolina with an associated email address. The randomized treatment variable had two conditions. The first condition presented participants with a statement from several noteworthy medical associations/institutions noting that drug addiction is a disease. The second condition provided no statement (control condition). Results from our sample of over 5000 indicated that a large majority of respondents felt that individuals who have been diagnosed with a drug addiction should be fully responsible for any crimes that they commit. The presentation of official statements that addiction was a disease did not produce meaningful differences from the control group. Additionally, a large majority of respondents did not agree that addiction should relieve a defendant from punishment for drug crimes, theft crimes, or violent crimes. Here again, the presentation of official statements that addiction was a disease did not produce meaningful differences from the control groups. Finally, our results indicated that a majority of respondents viewed addiction as both a choice and disease, and the presentation of official statements that addiction was a disease did not meaningfully alter any responses.

Destructive religious associations in the Russian Empire in the second half of the XIX – early XX century

This article discusses some issues related to the use of the concept of “destructive religious association” applied to the Russian legislation in the late XIX – early XX century. In the sphere of relations between the state and various religious associations in modern society, various issues arise that require a balanced approach. In this regard, it is appropriate to study the legal policy of the Russian Empire in relation to certain sects, Old Believers. In particular, the author analyzes the issues related to the use of the concepts “heresy”, “schism”, “Old Believers”, “sect” in the context of the corresponding historical period. Also, some attention is paid to the responsibility born by members of fanatical and especially harmful sects (according to the Code on Criminal and Correctional Punishments of 1845). In conclusion, the author examines the correlation of religious associations that are dangerous for the individual, society and the state, with fanatical sects and especially harmful sects.

Analisis Putusan Nomor 02/Pid.Sus Anak/2022/PN Crp Tentang Tindak Pidana Narkotika Pada Anak

Legal infractions pertaining to children in our day of modernity, include instances where children are the offenders, witnesses, or victims of the law. The criminal law pertaining to drugs is one of the laws that is most frequently broken. The author of this study employs a normative juridical approach technique, first doing literature research before examining and evaluating how legal norms—which ought to be applied in conformity with legal rules—are applied. As mentioned in Law Number 35 of 2009 concerning Narcotics, which governs criminal penalties to act as a disincentive to those who misuse and trade in illegal narcotics and their precursors. Observing and analyzing the law as well as theoretical issues pertaining to legal principles, legal history, and legal comparisons that address the application of the law against minors who commit drug-related crimes and legal considerations surrounding decision Number 00/Pid. Sus-anak/2022/PN Crp regarding drug-related crimes against minors are the methods used in the normative juridical approach. The Curup District Court's ruling in case number 00/Pid.Sus Anak/2022/PN/Crp, which dealt with drug misuse in children, was the subject of the author's investigation in this study.

Punishment and criminal punishment: legal nature, definition of concepts

Punishment and criminal punishment: legal nature, definition of concepts

In Pursuit of Justice: The Evolution of Social Work in Criminal Supervision

Social work punishment is a form of renewal of basic criminal punishment in Indonesia. Therefore, it is important to regulate the mechanism of social punishment supervision so that the implementation of social work punishment is in accordance with the objectives of punishment in Indonesia, one of which is to create a sense of security in the community. As a form of legal novelty, currently Indonesia does not have legal regulations governing the mechanism of supervision of social work punishment. The policy of social work criminal supervision greatly affects the legal framework in realizing justice. The purpose of this research is to explain the importance of legal reform in the supervision of criminal social work and provide ideas on the ideal model for criminal social work supervision in Indonesia. The method used in this research is normative juridical, by examining the application of rules or norms in positive law with a statutory approach, historical approach, and conceptual approach. The result of this research is that legal reform is needed so that Indonesia has rules governing the implementation of social work punishment in detail so that it can create justice and benefit in society. The ideal model of supervision of social work punishment in ius constituendum criminal law reform, namely by formulating a direct supervision model and using a global positioning system (GPS) by Community Supervisors and coordinating with the Prosecutor and the agency where the convict works.

Efforts to Legalize Cannabis for Medicine, Reviewed from Legal Sociology

<p class="TableParagraph"><em>Indonesia as a country that adopted the 1961 Single Convention on Narcotics and the Protocol that changed it, refers to Political principles. Which was ratified by Law No. 35 of 20009 concerning narcotics. Narcotics abuse is prohibited and threatened with imprisonment as well as narcotics addicts who do not report to recover are also threatened with criminal punishment, but the coercive effort and punishment are in the form of rehabilitation. Modern medicine is a method of treatment that is carried out based on scientific research and based on knowledge from various aspects, medical treatment uses several applied scientific disciplines in treating a disease, the way of examining and diagnosing diseases is more accurate. The problem in this study is how can the potential legalization of cannabis for treatment be realized in Indonesia? How can the legalization of marijuana for treatment be applied in Indonesia? The objectives of this research are. To find out and analyze whether the potential for legalization of cannabis for treatment can be realized in Indonesia. The research method used is a normative research method through a library research approach or a literature review method using the analytical descriptive writing method. From the results of the data collected from the laboratory research.</em></p><p class="TableParagraph"><em>The results of the study show that. The legalization of marijuana for treatment can be realized in Indonesia in terms of existing laws, in Law No. 35 of 2009 Health Law No. 17 of 2023 article 139. Judging from the benefits, the Narcotics Law and the Health Law, and Islamic religious law are allowed, which through mechanisms or exceptions under certain conditions are allowed, and also from sociology of society there are also marijuana used in daily life. In the application or implementation of the legalization of marijuana for treatment, there are several factors that hinder the legalization of marijuana for treatment, the Convention</em></p>

Exceptions to the Abolition of Chinese Indenture: Chinese workers on rubber estates in Interwar British Malaya

ABSTRACT In a 1931 report investigating the status of labourers in British colonies, the Colonial Office declared that the system of indenture had been abolished across Malaya. This claim belied the realities of labour practices on the ground. On plantations, mines and in colonial homes, Chinese workers continued to labour under formal indenture and to endure indenture-like practices well into 1930s. This article explores the slow decline of Chinese indenture in Malaya, concentrating on the rubber industry in the Unfederated Malay State of Kelantan during the interwar years. The Chinese migrant workers that were brought to Kelantan in that era signed contracts for one year with the terms of the contract enforced by colonial administrators. These workers endured poor working conditions and high death rates. Those that sought to escape faced criminal conviction and punishments including fines and incarnation. By showing the continuation of indenture in Kelantan, this article challenges the assumption made by historians that Chinese indenture had ended globally by the early 1920s. It also develops new understandings of the fragmentary and complex process of abolition.

Уголовная ответственность за преступления против половой неприкосновенности и половой свободы личности несовершеннолетних: требуются единые подходы

Introduction: the article analyses criminal legislation on liability for crimes against sexual inviolability and sexual freedom of minors, formulates proposals for improving the relevant Articles of the Criminal Code of the Russian Federation. Materials and Methods: the study used dialectical-materialistic, logical, historical, system-structural, comparative-legal, statistical methods. The sentences of courts on crimes under Ch. 18 of the Criminal Code of the Russian Federation for the last three years were analysed. Results: as a result of the analysis the author made suggestions for improvement the Articles of Ch. 18 of the Criminal Code of the Russian Federation. Discussion and Conclusions: the proposed changes in criminal legislation will contribute to further differentiation of criminal liability for crimes against sexual inviolability and sexual freedom of minors, individualization of criminal punishment imposed on guilty persons.

Deviant Burials in Medieval Vilnius: Saints or Criminals?

Christian cemeteries are distinguished by certain typical burial rites. Some of the rites are characteristic of this religion, while others are common and have been known since the Stone Age. However, in all the Christian burial sites across Europe, there are always some unusual graves, sometimes called deviant (or atypical) burials; they differ from other graves and their exceptionality can occur in various burial elements. Although the first distinctive features that come to mind when conducting archaeological investigations in Christian burials are decapitation or burial in a prone position, there are many more possible distinctive features to consider. These could be burials in unusual places (isolated areas of a cemetery), burials in unusual positions, decapitations, cut-off limbs, presence of sharp objects within the body, stones or coins inside the mouth, mass graves, stoned burials covered with stones, cremation in an inhumation site (partial cremation), crime, torture, evidence of special rituals on skeletons, and so on. The following elements are to be considered when discussing deviant burials: 1) location of a grave, 2) construction of a grave, 3) spatial orientation, and 4) body treatment. When it comes to the deviant burials in medieval or modern European cemeteries, atypical cases are usually associated with vampires and witches. In Lithuania, unusual graves are sometimes associated with Pagan relics and ethnography. Deviant burials could also be accorded to outcasts of the community: criminals, people who have committed suicide, or those who have not been baptised. In other cases, a possible deep faith of the deceased is emphasised. Recently, a new field of research - 'judicial archaeology' - has emerged, in which it is sought to explain unusual burials as a possible punishment for criminals rather than a magical act. It can be concluded that the number of deviant burials discovered in the analysed medieval cemeteries was not that high. Some cases may indicate a different perception of the assessment of a deceased person, but there are few of them (except for beheading). The other cases can often be simply explained practically. For example, the stones could be related to wooden constructions of the grave, various pathologies determined the distinctive positioning of the body, the outcasts of the community (criminals or suicides) could be buried in a more secluded place, and so on. Of course, one can identify the relics of Paganism in unusual burials, especially in cases when the deceased was interred on the side or in a prone position.

Legal Review in Indonesia Positive Law Concerning Marijuana Use for Medical Purposes

The legalization of marijuana varies across countries, with some prohibiting its use while others are starting to legalize it for medical purposes. Despite its potential therapeutic benefits, marijuana use is often stigmatized due to concerns about addiction. In Indonesia, marijuana is classified as a Class I narcotic, prohibiting its use for medicinal purposes under Law Number 35 of 2009, which restricts access to medical marijuana and raises human rights issues for individuals seeking necessary treatments. This study aims to analyze the potential benefits of legalizing medical marijuana in Indonesia and propose regulatory changes that align with the evolving needs of society and human rights principles. The research method used is a normative legal research method, involving the analysis of legal documents, literature reviews, and interviews with experts in law and health to evaluate the impact of regulatory changes on medical marijuana use. The findings suggest that appropriate legal reforms can reduce stigma, ensure access to treatment, and uphold the right to health without the threat of criminal penalties. Therefore, revising narcotic laws to allow the use of marijuana for medical purposes with proper regulations is crucial to provide those in need of treatment the opportunity to access marijuana legally without fear of criminal punishment, and to help reduce the stigma associated with its use.

The essence and objectives of criminal punishment. An outline of the position of the Polish jurisprudence (1919–1989)

Przedmiotem artykułu są koncepcje polskich przedstawicieli nauki prawa w zakresie teorii kary, które powstały w okresie Polski międzywojennej (1919–1939) oraz Polski Ludowej (1945–1989). Przedstawiono w nim koncepcje polskich uczonych oraz wnioski płynące z ich rozważań nad istotą kary kryminalnej i jej celami. Wskazano, które koncepcje teoretyczne znalazły swój wyraz w przepisach kodeksów karnych z 1932 i 1969 r. Na koniec oceniono stan badań nad teoriami kary w Polsce XX wieku i ukazano dalsze perspektywy badawcze.

Inisiasi Pembekalan Beladiri Praktis Sebagai Sarana Non-Penal Terhadap Ancaman Kekerasan Seksual di Lingkungan Kampus

The threat of sexual violence in Indonesia, which is getting worse day by day, has become an urgency for all levels of society in Indonesia. Inappropriate legal interpretations in society often raise big question marks about the protection of victims of sexual violence. Therefore, how is forced defense (noodwear) implemented as a reason for abolition of criminal penalties in Indonesia? At the same time, how is Article 49 paragraph (1) of the Criminal Code applied to crimes of morality? To solve this problem, it is not only the government that must intervene. However, people must also have self-defense, for example through practical self-defense movements that can protect themselves, but do not kill the perpetrator so that the victim does not go too far in defending himself. How to implement practical self-defense movements in an effort to protect victims of sexual violence? This is the problem we will examine to provide a solution. In this way, it is hoped that this effort will be able to produce an in-depth study regarding the protection of victims of sexual violence and how to apply practical self-defense to protect themselves when victims experience an act of sexual violence.

Illegal waste dumping in the Slovak Republic

The paper aims to outline the legal aspects of illegal waste dumping in the Slovak Republic. It presents some factual information on the issue and the legal regulations governing waste management, landfill operations, and illegal waste disposal. The analysis includes suggestions for improving legal regulations, specifically focusing on identifying those responsible for illegal waste disposal and determining who is obligated to remove the waste legally. It also discusses the administrative and criminal penalties for illegal waste dumping.

REVISITING THE THEORIES OF PUNISHMENT: PERSPECTIVE ON SANCTIONS AND INDIAN PHILOSOPHICAL FRAMEWORK

The intersection of criminal sanctions and Indian philosophical frameworks reveals how ancient legal concepts have evolved to meet modern justice needs. India's criminal justice system has long been shaped by its philosophical and religious traditions, particularly the ideas of Dharma and Danda. This analysis traces the evolution of criminal sanctions from ancient punitive systems to modern legal standards, showing how India has balanced its legal heritage with contemporary justice principles. The exploration highlights the dynamic relationship between tradition and innovation in shaping India's current legal system.

Examining Civil Law Remedies for Consumers Affected by Counterfeit Branded Goods in E-commerce Transactions

This research aims to find out and explain the forms of legal protection for consumers and dispute resolution efforts related to the sale of counterfeit branded goods through online transactions in Indonesia. The research uses normative methods by reviewing library materials and secondary data and using legal material analysis techniques using a statutory approach. The research results show that consumer protection regarding the sale of counterfeit branded goods through online transactions in Indonesia refers to several statutory regulations, namely: Law Number 11 of 2008 concerning Information and Electronic Transactions, a form of protection for consumers, namely the requirement for business actors to provide correct and clear information regarding goods/services being bought and sold as well as guaranteeing the responsibility of business actors for losses and all legal consequences resulting from violations of obligations in electronic transactions. Based on Law Number 8 of 1999 concerning Consumer Protection, the form of legal protection for consumers is that in 2001 the Government established the National Consumer Protection Agency which then formed the Consumer Dispute Resolution Agency at the regional level. Based on Law Number 20 of 2016 concerning Brands and Geographical Indications, a form of consumer protection is the threat of criminal penalties for business actors who counterfeit brands or buy and sell products resulting from criminal acts. Consumer dispute resolution can be reached through 3 routes, namely peaceful resolution by the parties to the dispute without involving the court or a neutral third party, and settlement through the court. and Out-of-court settlement through BPSK.

Judicial Mafia and ecological in-justice: Obstacles to policy enforcement in Indonesian forest management and protection

Indonesia is among the eight nations with the greatest forests area in the world. One of the most powerful tools fighting global climate change is forest conservation. Appropriate, prudent, and practical regulations and policies are needed for the protection and preservation of forests. Therefore, Ecological justice-based environmental management is a concern for all nations in the world. To achieve this, regulations and policies must take into account the needs of both people and other forest ecosystem components. This article covers a range of Indonesian laws and policies of crimes related to forest destruction. It identifies three key challenges in achieving ecological justice. The first is the government's intervention and judicial mafia's involvement. The second is ineffective criminal penalties. Punishment for environmental destruction should employ an ecological perspective and a criminal system that promotes corrective justice, restorative justice, and rehabilitative justice. The final challenge is the dominance of political power and government intervention. Political interests influence the bureaucracy's changing tasks and responsibilities and cause the conflict of power.

Emissions, the Strategic Omission: Climate Security and Australia’s National Intelligence Community

The Australian Government has identified climate change as being a threat to national security. With the emerging prospect that a climate security policy will be established, the question arises as to how the extraordinary powers of Australia’s security agencies could be effectively, but proportionately, utilized. Currently, discourse remains restricted to the tactical capacity of the Department of Defence or intelligence agencies’ assessment functions. Conversely, this article outlines strategic opportunities for Australia’s National Intelligence Community to enhance substantially the Commonwealth’s climate security response. Specifically, the Australian Geospatial-Intelligence Organisation (AGO), the Australian Federal Police (AFP), and the Australian Criminal Intelligence Commission (ACIC) are found well placed to support the monitoring of breaches to specific components of Australia’s federal climate change legislation. Hence, it is recommended that the collection and provision of greenhouse gas emissions data be prioritized within AGO, and, regarding the AFP and ACIC, that Subsection 22XF(1) of the National Greenhouse and Energy Reporting Act 2007 be amended to include a criminal penalty to form a hybrid criminal/civil regime.

Имущественные права и материальная ответственность лиц, содержащихся под стражей, и осужденных, отбывающих уголовные наказания

В статье рассматриваются имущественные права и материальная ответственность лиц, содержащихся под стражей, и осужденных, отбывающих наказание в виде лишения свободы. В местах изоляции от общества гражданин не лишается права собственности на принадлежащее ему имущество, но ограничивается в полномочиях собственника. Так, утрачивается возможность физического господства и извлечения полезных свойств над определенной категорией вещей. При поступлении в исправительное учреждение и следственный изолятор уголовно-исполнительной системы вещи, принадлежащие гражданам Российской Федерации и иностранным гражданам, передаются на хранение в соответствии с правилами внутреннего распорядка. В связи с этим на данный вид правоотношений распространяются положения Гражданского кодекса Российской Федерации (далее – ГК РФ), регламентирующих хранение вещей в силу закона. Анализируются основные проблемы хранения вещей, принадлежащих осужденным, а также актуализируется хранение депозитных и кредитных банковских карт в сейфе кассы исправительных учреждений и следственных изоляторов уголовно-исполнительной системы. Вносятся предложения по совершенствованию уголовно-исполнительного законодательства, связанного с их хранением. Обосновывается необходимость привлечения вышеуказанных специальных субъектов к материальной ответственности вследствие причинения материального вреда имуществу учреждений уголовно-исполнительной системы в результате их неправомерных действий.

Семья и интересы детей как объекты уголовно-правовой охраны

The relevance of the issues presented in the article is related to the practical implementation of the national policy in the field of security and education of the younger generation. On the basis of the integration of legal and pedagogical sciences, the main provisions of criminal legislation related to the protection of the rights and interests of the family and children are revealed as part of a comprehensive strategy of the state in the field of preserving family values, ensuring a prosperous childhood, and education in the spirit of respect for the law. The authors consider the basic prohibitions on committing crimes against the family and minors provided for by the Criminal Code of the Russian Federation of 1996. The article provides up-to-date official statistical indicators related to the level of crime both against minors and crimes committed by minors themselves. The features and procedure for observing the rights of adolescents in bringing them to criminal responsibility, assigning them various types of criminal punishment, as well as the application of educational measures for the purpose of preventive influence on them are analyzed. The article also reflects other provisions of the criminal law concerning the consideration of the interests of children when sentencing their parents, ensuring the interests of other family members (close relatives) of persons who have committed crimes. On the basis of the analysis, it is concluded that the criminal law really guards the interests of the family and minors, providing sufficiently broad opportunities to ensure their rights. In order to prevent the commission of crimes, special attention is paid to the need for the harmonious upbringing of children, the formation of positive personal and value orientations in society, and the improvement of interpersonal relations, especially family relations.