Criminal Responsibility Research Articles

Pertanggungjawaban Pidana dan Penanggulangan Tindak Pidana Pencabulan terhadap anak

Introduction: This study discusses the legal regulation of the crime of molestation of children and the criminal liability of the perpetrators of the crime of molestation against children in the case.Purposes of the Research: To analyze and discuss legal regulations regarding criminal acts of molestation against children and explain criminal responsibility for perpetrators of criminal acts of molestation against children in Halong Baru, Baguala District, Ambon City.Methods of the Research: The research method used is normative juridical research. This research uses three problem approaches, namely the statutory approach, the conceptual approach and the case approach. The data sources obtained are primary legal materials and secondary legal materials. The technique for collecting legal materials uses the literature study method. All data in this study were analyzed qualitatively.Results of the Research: The results of this research show that, criminal responsibility for perpetrators of criminal acts of sexual abuse against children is a further consequence that must be accepted or borne by the defendant. During the trial process, the defendant was in good physical and mental health and no reason was found to erase the crime, in this case either a justifying reason or a forgiving reason, so that the defendant was able to take responsibility for the actions he committed. The efforts made to overcome acts of sexual abuse against children are carried out with preventive and repressive efforts by law enforcement and other institutions.

The purpose of the crime: the criminal-legal significance and correlation with the motive

The subject of the study is the norms of Russian criminal legislation containing the objectives of the crime, materials of judicial practice, as well as scientific works of scientists dealing with the issues of the criminal legal significance of the purpose of the crime and its correlation with the motive. The purpose of the study is to formulate scientifically based conclusions regarding the criminal legal significance of the purpose of the crime and its correlation with the motive. Research methods: the research is based on the dialectical method of cognition, the formal legal method, as well as methods of analysis, synthesis, induction and deduction. The object of the study is public relations in the field of criminal law regulation of the purpose of the crime. The main results of the study: the purpose of the crime is a complex category, which is revealed in three meanings. The conclusion is substantiated that the purpose of the crime is an indicator of the social danger of the crime and the identity of the perpetrator, and therefore acts as a means of differentiation and individualization of criminal responsibility. Theoretical conclusions on the correlation of motive and purpose are formulated. The correct definition of the purpose of the crime contributes to the most accurate qualification of the deed, the definition of penalties or other measures of criminal legal impact. In addition, the definition of a goal can help to establish the determinants of criminal behavior, helps to investigate the personality of the offender in the most depth and develop measures to prevent individual crimes.

The Discursive Nature of the Prosecution and Defense

Introduction: the adversarial nature and equality of the parties are defined as the main principles of Russian criminal procedure (Part 3 of Article 123 of the Constitution of the Russian Federation, Article 15 of the Code of Criminal Procedure of the Russian Federation). The Constitutional Court of the Russian Federation defines the equality of the parties as the basis for the formation of the necessary guarantee of defense and fair trial of the case and states that the latter is impossible if the court has not assessed on the merits all the arguments and circumstances presented during the trial by its parties on the part of the prosecution and defense and has not provided them with equal procedural rights. The paper deals with the study of certain aspects of the balance of such categories as legal liability, criminal liability, prosecution, and defense. Purpose: to analyze the trends formed in the doctrine related to the resolution of urgent problems in terms of establishing the correlation of such concepts: legal liability, criminal responsibility, criminal procedural responsibility, prosecution, and defense. Methods: the general scientific dialectical method of cognition, a systematic approach, as well as the general scientific (deduction and induction) and specific scientific methods (logical and legal analysis and synthesis). Results: the current issues of the theory and law enforcement practice regarding the nature, types, and structure of prosecution and defense in criminal procedure are investigated. Conclusions: despite the ongoing discussions regarding the nature of the prosecution and defense in court procedure, a significant number of issues remain unresolved and require further detailed scientific analysis. First of all, the study of the defense function, which contributes to the realization of the rights granted to the accused, should certainly contribute to the development of new theoretical approaches and legislative innovations.

Neuroscientific Evidence in Trials of Young Perpetrators Involved in Armed Conflict and Mass Atrocity

ABSTRACT In many jurisdictions, the criminal responsibility of adults is demarcated from pre-adults (adolescents, pre-adolescents, and children) based on a threshold criterion – one is either an adult or a pre-adult, and different levels of responsibility are accordingly inferred and imputed. But in a world where complexity is growingly acknowledged, and by that token, nuance and variety, there has been a predilection for the spectrum over the binary – or the scalar over the threshold. In the context of juvenile justice, this has manifested in a move away from the binary demarcation between adults and pre-adults through a growing faith in brain developmental science, which in turn, focuses on the developmental stages of the prefrontal cortex (PFC). In pre-adults, especially in adolescents, immature PFCs account for impulsiveness, volatility, and influence by peers, which in turn impact judgment and decision-making. These findings have been introduced in a few state and federal US courts trying juveniles, and recently, in the ICC trial and appeal of Dominic Ongwen, a child soldier. This paper assesses the nature, scope, and treatment of neuroscientific evidence, and lays down guidelines about its anticipated application in international trials involving vulnerable perpetrators such as juveniles.

Public Opinion on the Minimum Age of Criminal Responsibility: The Role of Cognition and Emotions

Given that young people have a limited capacity to recognize the unlawfulness of their actions, the minimum age of criminal responsibility (MACR) presents an important subject of professional and political inquiry. In addition to the natural and legal sciences, public opinion is confirmed to influence the decision-making of legislators in the matter of criminal policy. Research on determinants of public opinion on the MACR is relatively scarce; however, some studies focusing on punitiveness in general suggest that it is influenced by both cognitive assessments as well as emotions and beliefs. Using a representative sample of Czech citizens, this study finds public support for a lower MACR to be particularly driven by their perception of children crime trend, mediated through people's negative attitude toward the behaviour of today's children.

Homicides by offenders with psychotic illness in Italy and Turkiye: A comparison of offender and crime-scene profiles

ObjectiveThe primary aim of this study was to conduct a comparative analysis of homicide cases and their perpetrators with psychotic illnesses in Italy and Turkiye, identifying the extent to which country-specific factors influence offender profiles and crime-scene characteristics. MethodThis cross-national chart review study recruited individuals with psychotic illnesses from forensic psychiatric centers in Italy and Turkiye who were referred for criminal responsibility assessments. Data were collected on the offenders' background characteristics, psychiatric history, victim profiles, and crime-scene details. ResultsCompared to the Italian sample, a higher prevalence of hospitalizations, contact with mental health services, and past offending history prior to the index homicide in the Turkish sample highlight inadequate community mental health care and monitoring systems, as well as insufficient supervision by the criminal justice system in Turkiye. Turkish offenders were less likely to exhibit organized crime scenes and post-crime behavior, with fewer stressors preceding the offense, suggesting a greater role of positive psychotic symptoms in their homicidal acts. ConclusionDespite certain similarities, the differences between the two samples highlight the impact of sociocultural, healthcare, and legal systems on offender profiles and crime-scene characteristics. These findings emphasize the need for tailored mental health services, forensic psychiatric assessments and legal supervision that take into account country-specific factors.

Forensic bone age assessment of hand and wrist joint MRI images in Chinese han male adolescents based on deep convolutional neural networks.

In Chinese criminal law, the ages of 12, 14, 16, and 18 years old play a significant role in the determination of criminal responsibility. In this study, we developed an epiphyseal grading system based on magnetic resonance image (MRI) of the hand and wrist for the Chinese Han population and explored the feasibility of employing deep learning techniques for bone age assessment based on MRI of the hand and wrist. This study selected 282 Chinese Han Chinese males aged 6.0-21.0 years old. In the course of our study, we proposed a novel deep learning model for extracting and enhancing MRI hand and wrist bone features to enhance the prediction of target MRI hand and wrist bone age and achieve precise classification of the target MRI and regression of bone age. The evaluation metric for the classification model including precision, specificity, sensitivity, and accuracy, while the evaluation metrics chosen for the regression model are MAE. The epiphyseal grading was used as a supervised method, which effectively solved the problem of unbalanced sample distribution, and the two experts showed strong consistency in the epiphyseal plate grading process. In the classification results, the accuracy in distinguishing between adults and minors was 91.1%, and the lowest accuracy in the three minor classifications (12, 14, and 16 years of age) was 94.6%, 91.1% and 96.4%, respectively. The MAE of the regression results was 1.24 years. In conclusion, the deep learning model proposed enabled the age assessment of hand and wrist bones based on MRI.

Proof Of Criminal Origin Related To Money Laundering In Mutual Fund Investment Activities In Supreme Court Decision Number 2937 K/Pid.Sus/2021

The crime of money laundering in the form of mutual fund investments is a serious crime that can threaten the stability of the financial system and economy. Perpetrators use mutual funds as a means to disguise the origin of illegal funds resulting from criminal acts, such as corruption, which are then invested as if they were legitimate funds. This not only harms the country financially, but can also reduce investor confidence in the mutual fund industry. Therefore, it is important to examine the criminal liability of perpetrators of money laundering in mutual fund investments in order to maintain the integrity of the financial system and provide a deterrent effect for perpetrators of similar crimes. This research is aimed at analyzing the legal regulation of criminal acts of money laundering in mutual fund investment activities in Indonesia, proof of predicate crimes related to criminal acts of money laundering in mutual fund investment activities in Supreme Court Decision Number 2937 K/Pid.Sus/2021, as well as criminal responsibility for perpetrators of these crimes. money laundering crime in mutual fund investment activities in Supreme Court Decision Number 2937 K/Pid.Sus/2021.The research method used is normative juridical research, which is supported by primary and secondary data sources. All legal materials were collected using library research techniques using document study data collection tools. Apart from that, field studies were also carried out using interview methods and analyzed qualitatively.The results of the research and discussion concluded that the legal regulations related to the crime of money laundering in mutual fund investment activities in Indonesia are as regulated in Law Number 8 of 2010. Based on Supreme Court Decision Number 2937 K/Pid.Sus/2021, it can be concluded that the defendant Benny Tjokrosaputro proven to have committed a criminal act of corruption together with other parties in managing investments at PT Asuransi Jiwasraya (Persero) which caused state losses amounting to IDR 16.807 trillion, as well as a money laundering crime of IDR 6.078 trillion, so he was sentenced to life imprisonment and payment of compensation to the state, based on valid evidence at trial and the fulfillment of the elements of the criminal act in accordance with the articles charged.

Charting the growth through intelligence: A SWOC analysis on AI-assisted radiologic bone age estimation.

Bone age estimation (BAE) is based on skeletal maturity and degenerative process of the skeleton. The clinical importance of BAE is in understanding the pediatric and growth-related disorders; whereas medicolegally it is important in determining criminal responsibility and establishing identification. Artificial Intelligence (AI) has been used in the field of the field of medicine and specifically in diagnostics using medical images. AI can greatly benefit the BAE techniques by decreasing the intra observer and inter observer variability as well as by reducing the analytical time. The AI techniques rely on object identification, feature extraction and segregation. Bone age assessment is the classical example where the concepts of AI such as object recognition and segregation can be used effectively. The paper describes various AI based algorithms developed for the purpose of radiologic BAE and the performances of the models. In the current paper we have also carried out qualitative analysis using Strength, Weakness, Opportunities and Challenges (SWOC) to examine critical factors that contribute to the application of AI in BAE. To best of our knowledge, the SWOC analysis is being carried out for the first time to assess the applicability of AI in BAE. Based on the SWOC analysis we have provided strategies for successful implementation of AI in BAE in forensic and medicolegal context.

Criminal Responsibility for AI Crimes

The research focused on the issue of which crimes fall under the jurisdiction of artificial intelligence. The incorporation of AI programs into different aspects of life entails many challenges, especially regarding the liability for the actions performed by AI and the question of compatibility of the existing legislation with the characteristics of the AI technologies. The state of affairs means that the AI-powered robots may perform actions that prescribe criminal provisions of criminal law, thus raising the issue in the given article as to the possibility of direct criminal penalties for robots, the feasibility of putting the intelligent robots’ criminal responsibility into practice by the general principles of the Jordanian Penal Code and the receptiveness of the concept of recognizing the crime to be committed by artificial intelligence. From this perspective, the main research question of the study is: What are the aspects of criminal responsibility stemming from AI mistakes? Thus, its significance is derived from the fact that it explores a new and essential issue, namely, the criminal responsibility for AI crimes within Jordan’s legislation. It has great importance in so many spheres, and it is difficult to describe all the aspects of artificial intelligence. The most remarkable outcomes and suggestions of the study show that the legal guidelines for criminal responsibility in Jordan of artificial intelligence crimes remain unrecognized. Thus, it is advised that the legislator proceed with actions to create legislation controlling AI technologies and their use for the purpose of serving the state and citizens’ interests. This legislation will guarantee the proper application of the AI capacities within several spheres for the sake of the general public, while taking into consideration all the ethical and legal concerns that relate to using artificial intelligence.

Evaluation and assessment of the constitutionality of penitentiary decisions, in the light of the introduction of the penitentiary credit system

Aim: Criteria for the evaluation by the Constitutional Court of decisions on the execution of sentences. Methodology: Descriptive, documentary and content analysis. Findings: According to the Section 27 (1) of the Act on the Constitutional Court, the decision on the merits, i.e. the decision on the substance of the charge and the decision on criminal responsibility, or the decision on the guilt and the acquittal, can be the subject of a constitutional complaint. The final decisions – the order not to proceed to trial and the order terminating the proceedings – cannot be considered as decisions on the merits within the meaning of the Constitutional Court Act. However, these decisions can be examined in the context of a constitutional complaint, because they correspond to the Section 27 (1) of the Constitutional Court Act, the other decision ending the court proceedings. Value: So far, no academic article has been published that analyses which decisions of the penitentiary judges can be challenged by a constitutional complaint following the latest amendments to Act CCXL of 2013 (Act XCVII of 2023).

A büntetés-végrehajtási döntések alkotmányossági értékelése, megítélése, figyelemmel a büntetés-végrehajtási kreditrendszer bevezetésére

Aim: Criteria for the evaluation by the Constitutional Court of s on the execution of sentences. Methodology: Descriptive, documentary and content analysis. Findings: According to the first turn of Article 27 of the Law on the Constitutional Court, the decision on the merits, i.e. the decision on the substance of the charge and the decision on criminal responsibility, i.e. the decision on the guilt and the acquittal, can be the subject of a constitutional complaint. The final s – the order not to proceed to trial and the order terminating the proceedings – cannot be considered as s on the merits within the meaning of the Constitutional Court Act. However, these s can be examined in the context of a constitutional complaint, because they correspond to the second turn of Article 27 of the Constitutional Court Act, the other decision ending the court proceedings. Value: So far, no academic article has been published that analyses which s of the prison judges can be challenged by a constitutional complaint following the latest amendments to Act CCXL of 2013 (Act XCVII of 2023).

From ‘raise the age’ to ‘raise the awareness’: how knowledge affects public opinion of the minimum age of criminal responsibility in Western Australia

ABSTRACT The minimum age of criminal responsibility (MACR) in Western Australia is 10 years old. While the negative impacts of early contact with justice systems have been well-documented and have resulted in calls to raise the age, research had not examined the public views of MACR in Western Australia. This article presents a novel examination of the knowledge and perceptions of the MACR with a sample of the West Australian public (n = 69). Findings from the semi-structured interviews revealed low levels of knowledge about the MACR, some reacted with surprise when provided with the information. Participants’ views shifted in that they expected children knew ‘right from wrong’, however, they acknowledged discrepancies with other age-dependent social milestones and that the MACR was inconsistent with developmental maturity levels. They supported rehabilitative options unless the crime was serious and concluded the MACR needed to be assessed and applied proportionally on a case-by-case basis so that children who had offended could be held accountable. Finally, most participants supported raising the age from 10 to between 12 and 18. The study thus reaffirms the importance of increasing public awareness of the issue for the success of the ‘raise the age’ campaign in Western Australia.

Criminal responsibilities of nurses in Turkish criminal law and determining the awareness levels of senior nursing students regarding this responsibility

BackgroundIt is noteworthy that there is an increase in medical lawsuits filed against nurses in Turkey and in the rest of the world. The purpose of this article is to examine nurses’ criminal liability and senior nursing students’ awareness of these responsibilities.MethodsAll senior students (n = 309) of the Faculty of Nursing who were studying in the 2020–2021 academic year of the university constituted the population of the research. The study was completed with 300 students who were studying between the dates of the research and who agreed to participate in the research. Data was collected online via Google Forms. The data obtained from the research was analyzed with the program SPSS 20. Numbers and percentages, averages, and chi-square tests were used to evaluate the data.ResultsThis article provides an overview of nurses’ criminal liability and senior nursing students’ awareness of these responsibilities. The article offers striking implications regarding the awareness of trainee nurses who have not yet started their careers regarding the criminal liability of nurses.ConclusionThe result of our research clearly revealed that the majority of senior nursing students have insufficient knowledge about professional criminal responsibilities, that they are not aware of their duties, powers, and criminal responsibilities as defined in legislation, and that they do not know the types of criminal responsibilities.

Lived experiences of youth justice detention in Australia: reframing the institution in a decarcerated state

ABSTRACT This article reconsiders youth justice detention in the Australian context by exploring the lived experiences of youth detention in New South Wales (NSW) and the Northern Territory (NT). In drawing upon narratives from children and young people who have experienced detention, this article argues for shifting youth detention away from highly securitised environments, instead presenting an alternative and provisional relational rights-based framework and approach. This reimagined youth justice detaining environment builds upon the current efforts to raise the minimum age of criminal responsibility across Australia to 14, and other significant measures of decarceration. This dramatically limited and transformed carceral environment would actively seek to support these young people to reach their potential through nurturing their capabilities in a trauma-informed, therapeutic and relational rights-based environment, and then linking them in with highly resourced long-term transition pathways away from the justice system.

Analysis of Performance Measurement Indicators in Juvenile Care and Rehabilitation Homes in Jordan: A Study on Social Care Homes and Correctional Institutions

Performance indicators in youth protection and rehabilitation centres in Jordan indicate an emphasis on community centers and correctional facilities. The study aims to analyze the application of these indicators and how effective they are in achieving the goals of youth rehabilitation and integrating them into society. The study explores the challenges and opportunities that exist within these institutions, and children's law indicates the Jordanian law, which was issued no. 32 from 2014 and the status of the law is reviewed and updated with all changes until 2024. One of the most noticeable things in this law is the increase in the criminal responsibility of young people from 7 years to 12 years and their focus on establishing a legal system that specializes in juvenile cases and the role of the juvenile police in handling juvenile cases. Complementary justice, non-custodial measures, the need to adjudicate criminal cases within three months and criminal cases within six months, and provide aftercare for released juveniles.

Issues of Criminal Liability of Legal Entities in the Criminal Legislation of the Kyrgyz Republic

The growth of offenses committed by legal entities or in their interests currently indicates that a qualitatively new type of crime has been formed in many countries of the world — the crime of legal entities (“corporate crime” or “corporate crime”). In this regard, the experience of countries in combating the crime of legal entities, the established standards and criteria reflected in international normative legal acts, as well as the experience of introducing into the criminal legislation of the Kyrgyz Republic in 2017 (valid from January 1, 2019, to November 30, 2021) provisions on the legal norms regulating criminal activity deserve attention liability of legal entities. which were subsequently excluded by the new Criminal Code and the CPC, which entered into force on December 1, 2021. The analysis of the development and theoretical design of such an institution of criminal legislation of Kyrgyzstan as bringing legal entities to criminal responsibility is of great scientific interest. Therefore, the questions of what specific socially dangerous acts a legal entity can be prosecuted for, whether it is a subject of criminal liability, the grounds for criminal liability of legal entities and many others are very fundamental.

Pertanggungjawaban Pidana Pelaku yang Memiliki Riwayat Gangguan Jiwa pada Perkara Pembunuhan di Kabupaten Kebumen

The problem faced is What is the criminal responsibility of the perpetrators of the crime of murder if the perpetrator has a history of psychiatric disorders in decision number 174/Pid.B/2018/PN.Kbm, and what factors are the cause of the murder case committed by the perpetrator who has a history of psychiatric disorders in decision number 174/Pid.B/2018/PN.Kbm, as well as how the judge's legal considerations in imposing a crime on the perpetrator murder criminal who has a history of mental disorders in decision number 174/Pid.B/2018/PN.Kbm? offender with a history of mental disorders. This type of research is normative legal research with the approach method used is normative juridical (normative legal research method). The research findings based on psychiatric examination and observation by specialist doctors at RSJ Prof. Dr. Soerojo Magelang on the suspect Sumudi bin Sodali include laboratory results within normal limits and for psychological examinations, intelligence level (IQ) is 75-79 /borderline and anti-social personality disorder with paranoia. As for other diagnoses, namely: Axis I (aspect I): F60.2 Anti-social personality disorder, meaning that the patient has a behavioral disorder characterized by not caring about social norms, cheating or lying, often committing criminal acts, and no sense of guilt and regret.; Axis II (aspect II): Paranoid personality trait meaning that the patient is easily suspicious.; Axis III (aspect III): No diagnosis, meaning no physical illness is found; Axis IV (aspect IV): Problems related to law /criminal means that the patient often violates the law/criminal.; Axis V (aspect V): Global function assessment 70-61, meaning some difficulties in social and work functioning, but in general functioning well, having a significant relationship. The conclusion is that based on the expert's statement that for cases of law violations that have been committed by a patient named Mr. SUMUDI bin SODALI towards his own biological mother is part of a mental disorder, but not a severe mental disorder (psychotic) so that the patient can still direct his will consciously.

SYSTEMATIC AND LEGAL ASPECTS OF LEGAL RESPONSIBILITY FOR ILLEGAL ACTS WITH AMBER

The article is devoted to the disclosure of certain systemic and legal aspects of responsibility for illegal actions with amber. Relevant judicial practice is analyzed. Proposals for improvement of Art. 240-1 of the Criminal Code of Ukraine “Illegal extraction, sale, purchase, transfer, forwarding, transportation, processing of amber”. The issue of the application of the criminal law norm of insignificance for the legal assessment of illegal amber mining and its illegal handling was considered. The existence of a conflict between the investigated criminal law ban and Art. 47 of the Code of Ukraine on Administrative Offenses “Violation of the State Property Right to Subsoil”, comments are expressed regarding its (collision) overcoming in the aspects of de lege lata and de lege ferenda. It is argued that the socially dangerous consequences of illegal mineral extraction (in particular, amber) should be labeled as damages. It is shown that carried out within the limits of Art. 240-1 of the Criminal Code of Ukraine, the differentiation of responsibility related to the size of illegal actions with amber is insufficient. The relevant provisions of the project of the new Criminal Code of Ukraine were analyzed, the advantages and disadvantages of the relevant formulations were clarified. In particular, the proposal of the drafters of a potential criminal law to distinguish the grounds of criminal responsibility for the illegal acquisition of natural resources, on the one hand, and individual manifestations of involvement in the behavior of those who commit illegal extraction of natural resources from their natural environment, on the other, was supported. The issue of the appropriateness of anchoring in Part 1 of Art. 240-1 of the Criminal Code of Ukraine instructions on actions other than illegal amber mining.

Legal remedies against amber abuse: problems of implementation and optimization

The article is devoted to the coverage of certain problems related to the use of criminal legal means against persons who commit the crimes provided for in Art. 2401 of the Criminal Code of Ukraine illegal extraction, sale, acquisition, transfer, forwarding, transportation, processing of amber, and with the improvement of such means. Emphasis is placed on the study of relevant judicial practice. The provision on the need to differentiate criminal responsibility for illegal actions with amber depending on group forms of complicity is argued. It is proved that the proposed improvement of Art. 2401 of the Criminal Code of Ukraine will be consistent with the requirements established in jurisprudence for the construction of qualified compositions of criminal offenses. The theoretical position is supported, according to which, if the relevant composition of the criminal offense does not include such features as its commission by a group of persons and an organized group, then the qualification of the offense committed by the organizer and members of the group should be carried out with a reference in the qualification formula to part 2 or part 3 st. 28 of the Criminal Code of Ukraine with the inclusion in the legal wording of the indictment of the characteristics «committed by a prior conspiracy by a group» or «committed by an organized group.» Based on the study of judicial practice materials, it has been established that the exemption of persons who commit the analyzed crime from serving a sentence is widespread (Article 75 of the Criminal Code of Ukraine), and the imperfection of the sanctions of Article 2401 of the Criminal Code of Ukraine, considerations were expressed regarding their optimization, namely the consolidation in Part 1 of Art. 2401 of the Criminal Code of Ukraine provides for a fine as the non-alternative main punishment, and in Part 2 and Part 3 of this article - alternative punishments in the form of a fine and imprisonment for a certain period. The imperfection of judicial practice related to ensuring the individualization of criminal responsibility for «amber» torts has been demonstrated - the imposition of a fine as the main type of punishment in the minimum amount and failure to take into account the role, nature and degree of participation of each of the accomplices in the commission of a criminal offense.