Punishment Research Articles

Реабилитация рецидивистов посредством формирования навыков межличностного взаимодействия

Introduction. The issues of re-socialization of individuals serving criminal punishment in Mongolian correctional institutions are discussed. The area of the research is the problem of reducing the number of repeat offenses due to interpersonal problems as well as interaction and communication skills of individuals being under criminal punishment. The subject of the study is to prove the importance of interpersonal interaction skills in counteracting recidivism. The statistics of repeated crimes in the Republic of Mongolia are described and social and psychological problems of this category of individuals are analyzed. Theoretical approaches to prevent recidivism are examined. The author states the necessity of empirical analysis of sociopsychological causes, including interpersonal interaction leading to recidivism. The method of research was sociological survey, and the technique is a questionnaire to study the skills of interpersonal interaction. Results. Interpersonal skills of 1.416 recidivists confined in open and closed regime prisons under the General Executive Agency of Court Decision were assessed by a special test, and the assessment results were analyzed using SPSS 26 software. Skills study revealed socio-psychological factors influencing repeated criminal behavior and offer practical recommendations to reduce the risk of recidivism. Conclusion. The findings of the study proves the need to conduct socio-psychological work with inmates to develop their interpersonal communication skills.

Efektivitas Undang-Undang Perampasan Aset pada Pelaku Tindak Pidana Pencucian Uang Berdasarkan Hukum Pidana

Money laundering is an action to eliminate the source of money resulting from criminal acts which is later found to have been generated legally. Money laundering is a crime that is difficult to crack. Therefore, the application of legal sanctions against perpetrators must be balanced with criminal sanctions and confiscation of assets against perpetrators. This research uses a normative research type with a legal and conceptual approach. The crime of money laundering is a crime that needs attention because it is often associated with losses to the state and society, therefore legal action is needed to deter the perpetrators, but the obstacle that occurs is the punishment in Article 2 of the Assets Bill which only applies confiscation of assets resulting from crime without any punishment of criminals. This is not in accordance with the function of law. So the results and conclusions can be drawn that not implementing punishment against the perpetrator will most likely not have a deterrent effect, therefore it should be important to implement punishment and confiscation of assets because both must be implemented simultaneously as a form of firm state action to provide a deterrent effect.

Институт смертной казни как показатель взаимодействия государства, права и личности

The article examines the problems concerning the institution of the death penalty from the perspective of the state performing its protective function to protect human rights. The genesis of this punitive institution in Russian legislation is being investigated. The ambiguity of the attitude of the public and the legislator towards the death penalty is noted, as well as the uncertainty of the latter remaining to this day regarding its availability in the arsenal of criminal penalties. Doubts are expressed about the effectiveness of the death penalty as a deterrent and crime prevention measure.

A review of the landscape of state Tobacco 21 laws: Key components, research challenges, and future directions

BackgroundTo understand the impact of laws raising minimum legal sales age for tobacco products to age 21, researchers and policymakers need to recognize how recommended policy components vary across states. This paper identified and reviewed policy components across 43 jurisdictions that have enacted Tobacco 21 (T21) laws since 2015. MethodsUsing NexisUni’s database of state laws and legislation, we evaluated T21 laws in effect as of January 2024 and assessed for the incorporation of six components recommended in proposed model legislation: 1) age verification; 2) tobacco retailer licensing; 3) provisions to suspend or revoke a license; 4) unannounced inspections; 5) retailer civil or criminal penalties; and 6) provisions that allow for more stringent local laws. ResultsOnly one state included all six components we reviewed, including limiting penalties to civil fines. All jurisdictions included a provision to change the legal sales age of purchase and 37 imposed requirements on retailers to verify identification. Thirty-eight jurisdictions had licensing programs, but only 31 included license suspension or revocation provisions for underage sales. Twenty-three jurisdictions preempt localities from imposing more stringent requirements. Twenty-five jurisdictions use a mix of civil and criminal or solely criminal penalties and 21 jurisdictions have penalties for underage purchasers. ConclusionsOur database of recommended T21 components with effective dates can be merged with other datasets to facilitate policy evaluation. We discuss ways to enhance research and data collection in this area, and recommend that states update MLSA laws to adopt all recommended policy components.

Activities of penalty execution subjects as a factor in the implementation of its content

Subject of research: activities of subjects of execution of punishment, which are directly related to the regime of criminal punishment, based on a system of restrictions on a specific punishment. Purpose of research: to summarize the available and gain new knowledge about the impact of the activities of the subjects of execution of punishments in the exercise of their powers on the content of the punishment of criminal punishment and the system of criminal penalties in general. Methods and objects of research: the article uses the means and methods of cognition characteristic of science, ensuring objectivity, and relying on the fundamental laws and categories of the theory of knowledge and the dialectical method of studying phenomena. As a basic method that combines all the others, a system-structural one was used, which made it possible to conduct a scientific analysis of the research material. In addition, other methods of cognition were used: modeling, logical; generalization and description of the data obtained, etc. The study was carried out based on the criminological substantiation of the findings in the plane of objective theoretical and applied reality, from the subjective position of scientists and the personal view of the author. Main results of research: the influence of the activities of the subjects of execution of punishments on the process of convicts serving their assigned sentences was revealed, which lies both in the competencies of the institutions executing punishments and in the competencies of the persons vested with the authority to execute them. The author believes that further research into this issue will help achieve the goals of criminal penalties and improve the quality of implementation of the criminal penalties system as a whole.

Methods of Judicial Cooperation and the Procedure for Enforcement Under International Law; Identifying the Nexus between Theory and Practice

The idea of judicial cooperation in criminal cases and enforcement under international law is undoubtedly based on the broad tenet that it is in the interests of civilised nations for crimes to be prosecuted and that it is customary for states to cooperate with one another in order to provide every support necessary to bring criminals or persons guilty of certain crimes involving international matters to justice. The world legal system has indeed reached a global operations clime, with undoubted interconnection between international courts and tribunals with and amongst states directly affected. The aim is to create a formidable mechanism for legal certainty and stability at a global scale and crystallize a reality where criminal offenders who attempt to escape criminal punishment in a state where an offence is committed are made to face the full force of the law by not only presenting them for criminal trials but making evidence available against them leading to justice being done in the circumstance. This formidable mechanism consists of elements such as mutual legal assistance, extradition, reparation etc. Consequently, this work examines critically the methods of judicial cooperation and enforcement procedure laying much emphasis on mutual legal assistance and extradition viz a viz the need to reconcile theory and practice noting that the ultimate objective of judicial cooperation is the creation of a world where there is no safe haven for criminals. Keywords: International law, States, Judicial cooperation, Enforcement mechanisms, Criminal cases.

The Abolition of Punishment: Is a Non-Punitive Criminal Justice System Ethically Justified?

Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition of Punishment: Is a Non-Punitive Criminal Justice System Ethically Justified?” was brought into life precisely to give the authors a platform for such progressive inquiries. And it is now safe to say that this platform has been put to excellent use, since Valerij Zisman, Alexander Stachurski, Giorgia Brucato, Perica Jovchevski, Sofia M. I. Jeppsson, Stephen G. Morris, Benjamin Vilhauer, John Lemos, Saul Smilansky, Elizabeth Shaw, Mirko Farina, Andrea Lavazza and Sergei Levin have presented such thought-provoking texts that they are bound to set the stage for debate in the years to come. This article is an introduction to this special issue and to the authors’ papers.

Модернизация судебной практики применения законодательства, регламентирующего особенности уголовной ответственности и наказания несовершеннолетних

The article examines the consequences of the hasty modernization of judicial practice in the application of legislation regulating the peculiarities of criminal responsibility and punishment of minors. The author suggests measures aimed at eliminating the shortcomings of the said modernization. Among these measures are the use in interpretative practice of the results of scientific research, confirmed by analytical information on law enforcement activities, as well as a thorough and competent study of the formulated interpretative provisions, which a) will not allow their ambiguity, b) will provide disclosure of the content of legal norms, clarify it, c) will help answer questions about competition between legal norms, d) will contribute to the formation of a unified judicial practice, economy of repression.

Подготовка научно-педагогических кадров для уголовно-исполнительной системы: некоторые проблемы и варианты решения

The penal enforcement system is a state management structure that performs a variety of functions aimed at achieving the goal of effective execution of criminal penalties and other measures of a criminal legal nature. One of the functions assigned to the penal enforcement system is the training of qualified scientific and pedagogical personnel. The article provides some statistical data on the activities of adjunct educational organizations of the Federal Penitentiary Service of Russia; Certain problems that complicate the training of scientific and pedagogical personnel are identified; measures are proposed to improve the effectiveness of the training of scientific and pedagogical personnel in the penal system. This article is based on the research work carried out at the Federal Research Institute of the Federal Penitentiary Service of Russia in 2023.

SOCIOLOGICAL ASPECTS OF CONTENT AND CORRECTION OF JUNIOR CONVICTED IN THE IDEAL HERITAGE OF N. M. YADRINTSEV

The purpose of this work involves a systematic reconstruction of the sociological views of the leader of the movement of Siberian regionalists - N. M. Yadrintsev on the problem of the regime of detention and mechanisms for the correction of juvenile delinquents. The relevance of the study is dictated by scientific, academic and practical tasks. Firstly, this fragment of the enlightenment’s ideological heritage has not yet received adequate coverage in literature. Therefore, the results of our work can contribute to the development of the subject area of the history of sociological thought in Russia. Secondly, the study can be useful in developing the doctrinal foundations of modern state penitentiary policy. The work is based on the methodology of the “new social history” and the provisions of the “new intellectual history”, which allows us to consider social phenomena through the prism of the individual, and not the state. Textual analysis of N. M. Yadrintsev’s works on the stated topic was also widely used. In the course of the study, it was established that the Siberian thinker advocated the separation of juvenile prisoners from adult inmates and the establishment of a special regime of detention for this category of forced prisoners. The article notes that when considering the problem of keeping juvenile criminals in isolation from society, the Siberian regionalist recorded the consistent humanization of the criminal punishment itself for children. The authors also show that in the matter of re-education of juvenile convicts, the publicist proposed the speedy introduction of educational supervision for the purpose of moral influence on child criminals. In general, it is concluded that N. M. Yadrintsev developed a rational method of correction, which should be based on examples from social life that give concepts about the mutual connection of people.

Questioning the Criminal Threat Formulation Policy on Electoral Crime

Law Number 10 of 2016 should be formulated differently from other laws, as it pertains to the second amendment to Undan-Law Number 1 of 2015, which stipulates government regulations instead of Law Number 1 of 2014, which deals with the election of governors, regents, and mayors into Law. The enactment of the Law coincides with the conduct of elections, which is not less significant, and the Law's unique nature makes it so that regional head election activities are essentially administrative. The Law is enacted every five (five) years. It is essential to take these specifics into account when forming. Both at the time of application and execution, poorly formulated policies will have consequences. Furthermore, the issue that this tulip will highlight is how the Law's policy was formulated, particularly regarding the inclusion of criminal threats for those who commit electoral offenses. This study uses a normative methodology. It is a qualitative kind of study. Secondary data is what is utilized. Researching the literature is how data is gathered. Presenting the facts in a descriptive format, the analysis is prescriptive. As per the study's findings, electoral crimes are defined as administrative infractions or crimes against election provisions. The legal penalties for electoral crimes consist of imprisonment and fines, with no enforcement measures. Election crime resolution is comparatively quick and applies across Indonesia without considering the specific circumstances in each area.

МАРГІНАЛІЗМ ЧИ ГУМАНІЗМ – СУЧАСНІ ПІДХОДИ ЩОДО ЗАБЕЗПЕЧЕННЯ ПРАВ ЗАСУДЖЕНИХ ДО ДОВІЧНОГО ПОЗБАВЛЕННЯ ВОЛІ ТА НАЦІОНАЛЬНОЇ БЕЗПЕКИ В УКРАЇНІ: ТЕОРЕТИКО-ПРАВОВИЙ АСПЕКТ ПРОБЛЕМАТИКИ

This scientific article clarifies the socio-normative nature of the legal status of those sentenced to life imprisonment, and also determines the influence of existing marginal groups (politicians, subjects of legislative initiative, scientists, practitioners, etc.) on the process of execution – serving this type of criminal punishment. In particular, it was established that life imprisonment is applied by the court only in exceptional cases, when the purpose of punishment established in the Criminal Code of Ukraine cannot be achieved by other means of criminal law influence defined in the law. Based on this, a special status of those sentenced to life imprisonment has been established at the legislative level, which provides for such legal restrictions that are not characteristic of other types of punishments associated with the isolation of persons guilty of crimes. On the basis of the study of the content of national legal acts, the corresponding norms of international law, practice and theoretical studies, it was established that today the legal status of persons sentenced to life imprisonment, as well as the process of execution – serving this criminal punishment in full meets the requirements of civilization, the best foreign approaches and in general the socio-legal nature of the specified subjects of criminal-executive legal relations. It has also been proven that any attempts by politicians and other subjects of the formation and implementation of the criminal law policy of Ukraine, including people’s deputies and scientists, should be regarded as the marginalization of the execution process – the serving of a sentence in the form of life imprisonment and the creation of another source that encroach on the national security of Ukraine. Key words: marginalization; humanism; execution process – serving sentences; Legal Status; sentenced to life imprisonment; purpose of punishment; legal restrictions.

The Impact of Criminal Dangerousness on Criminal Penalties

The theory of criminal dangerousness emerged in modern penal policy and has been the focus of criminal legal studies to understand the reasons that drive criminals to commit crimes. The objective is to work to mitigate these reasons through the application of appropriate criminal sanctions adapted to the circumstances of each offender, to rehabilitate them and reintegrate them into society as responsible citizens. Criminal dangerousness is a psychological state or attribute closely associated with the offender, which indicates the possibility of committing another crime in the future. Without a doubt, this topic poses many challenges in terms of the personality, inclinations, emotions, and reactions of the individual, which are reflected in his outward behavior. Addressing the hidden criminal danger in the offender has been achieved through legal texts in which the legislator considers the presence or absence of criminal danger in the authors of the crimes. Additionally, judges have been given discretionary authority to consider the personality of the offender and reveal criminal dangers. Finally, the execution of criminal sanctions in reform and rehabilitation centers also contributes to effectively confronting criminal dangerousness.

Crimes of the Breaches of Trust and Equity in Financial Securities Trading

The study focused on crimes involving breaches of trust and equality in securities trading, particularly in stock markets. These markets hold significant economic value for people, investors, and financial institutions. This research aims to investigate crimes that may occur in the context of the stock market and trade and have a detrimental impact on the national economy. The primary objective of this study is to ascertain the fundamental legal framework governing the criminalization of illegal acts that disrupt securities trading, determine the extent of criminal liability and penalties for such acts, and evaluate the efficacy of UAE law in safeguarding financial securities markets through criminal legislation. The research primarily examines crimes involving breaches of trust and equality, as trust and equality serve as fundamental principles underpinning transactions in the stock market. Violating these principles can have detrimental consequences, impacting both investors engaged in market activities and the overall national economy. Numerous

Legal Analysis of the Criminal Policy on Incest in Indonesia According to Law No. 1 of 2023

Setting the crime of incest is in Article 46 of Act No. 23/2004 on the Elimination of Domestic Violence and Article 81, paragraph (1) of Act No. 23/2002 on Child Protection. However, the setting does not include the crime of incest committed by the parents of the child. In order to reform the criminal law, a new formulation of the article should be added to encompass parents who commit the crime of incest against their son. This should be done by weighing the criminal sanctions (existing criminal penalties plus one-third).

Penal Proportionality in the Protection of Sustainable Food Agricultural Land Law

This study explores the penal proportionality in the Protection of Sustainable Food Agricultural Land Law. It is argued that the severity of criminal sanction must correspond to the offense's seriousness. Using doctrinal legal research, this study employed a statute and conceptual approach with the literature study to collect the data. The finding of this study shows that the PLP2B Law violates the penal proportionality principle when it determines the threat of a criminal consequence. Even though they are considered minor infractions, several of them carry relatively significant criminal penalties that even outweigh the possibility of punishment for more serious acts. The objective of matching the seriousness of the offense to the severity of the criminal sanction has not been fully achieved. The determination of such threats of criminal sanctions does not, on a large scale, reflect the importance of social justice for all Indonesians. By taking into account the rank of offenses in the environmental harm-based criminalization model, Article 73 of the PLP2B Law must be proportionate to the magnitude of the offense. The determination of criminal sanction threats in the Law needs to be considered and compared to the determination of criminal sanction threats in other environmental laws.

The Use Of Mediation In Industrial Dispute Resolution

Administrative legislation and / or economic administrative law that “involves” criminal law in Indonesia is quite a lot. One example is Law No. 20 of 2016 on brands and Geographical Indications involved in the development of industry. Problems of criminal law in the field of administrative law and economic law, especially in the enforcement and protection of intellectual property rights have not shown action in line with the spirit of law formation. One form of violation of the law that is currently growing in Indonesia is duplication of copyright. But so far, efforts to provide legal protection for copyright holders seem inadequate. Even in the process of implementing law enforcement, it is not uncommon for copyright infringement cases to run aground in the middle of the road. Seeing the problems in the enforcement of economic criminal law, especially in the field of intellectual property rights, gave birth to an alternative discourse on the resolution of criminal disputes in the field of intellectual property rights, especially against violations of brand rights. How is the concept of industrial criminal punishment related to brand and geogtaphic indications, and whether mediation is the right choice in resolving industrial disputes.

Penegakan Hukum terhadap Peraturan Daerah Nomor 6 Tahun 2012 Tentang Pengelolaan Sampah dan Sanksi Hukum Serta Kendalanya Di Kota Semarang

Waste, as a byproduct of human activities or natural processes, poses a serious issue due to its substantial and challenging quantity. Problems include waste piles in urban areas and a lack of waste disposal areas around street vendors. This research, titled "Law Enforcement on Regional Regulation No. 6 of 2012 Regarding Waste Management and Legal Sanctions and Challenges in Semarang City," aims to elucidate how the law is applied concerning waste management in Semarang City. This non-doctrinal study employs a normative-empirical juridical approach with a qualitative method. The research is conducted at the Environmental Agency of Semarang City, with primary data sources consisting of interviews with stakeholders from the Waste Management Department and secondary data from legal materials. Data analysis utilizes a qualitative narrative method. Research findings indicate that law enforcement related to Regional Regulation No. 6 of 2012 in Semarang City has been implemented by the local government in accordance with existing provisions. However, deficiencies in community participation persist, such as the habit of improper waste disposal and inadequate waste bin provision. This is attributed to the cultural norm of indiscriminate waste disposal that has become prevalent in society. Additionally, public understanding of "Regional Regulation No. 6 of 2012" regarding Waste Management remains insufficient, particularly regarding the legal penalties for violating the provisions of the regulation.

Об актуализации обеспечения достижения целей наказания средствами исправления в современной уголовно-исполнительной политике и практике

The article deals with the issues of ensuring the goals of criminal punishment through the implementation of certain means of correction of convicts, which are regulated by the penal enforcement legislation of the Russian Federation. The solution of certain tasks assigned to the criminal law is possible through the introduction of amendments to the legal regulation and practice of the use of basic means of correction of convicts. The author actualizes such a means of correcting convicts in the execution of a custodial sentence as vocational training. The analysis of the impact of the considered remedy on the subsequent re-socialization of persons who have served their sentences and the integration of these subjects into civil society is also carried out. The subject of the study is the norms of penal enforcement law regulating the maintenance of means of correction of convicts, as well as the practice of their application. The purpose of the study is to scientifically substantiate and update the priority means of correction of convicts. The current state of the use of means of correction of convicts can be characterized as an institution requiring certain changes. The necessity of strengthening the work of the administrations of institutions and bodies executing punishments within the framework of vocational training of convicts is argued.

Правовые основы деятельности уголовно-исполнительных инспекций по исполнению наказания в виде исправительных работ в отношении несовершеннолетних осужденных

The article analyzes the legal basis of the activities of penal enforcement inspections for the execution of punishment in the form of correctional labor in relation to juvenile convicts. The problems of an organizational and legal nature in the implementation of this type of punishment are revealed. Attention is drawn to the peculiarities of the execution of correctional labor in relation to certain categories of minors. The features of the interaction of penal enforcement inspections with other bodies and institutions of state power in the execution of this type of criminal punishment are considered.