Criminal Responsibility Research Articles

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.

The application of the Constitution of Ukraine during the settlement of civil and economic cases in terms of compensation for property damage in the case of decisions on exemption from criminal liability on the basis of Art. 49 of the Criminal Code of Ukraine

It is pointed out, the erroneous application by the courts of the economic and civil links as evidence of the decision of the criminal court to close the criminal proceedings in connection with the expiration of the terms of bringing to criminal responsibility, as a non-rehabilitating circumstance during the establishment of property damage in the resolution of relevant disputes. The author notes that, from the available access to court decisions and their analysis, it is clear that when considering cases related to the compensation of property damage, not every court provides a correct assessment of the legal nature of the closure of criminal proceedings, which leads to the incorrect application of the requirements of procedural legislation in terms of the adoption and evaluation of evidence. The article examines the problematic issue of the application of the practice of Ukrainian civil and commercial courts in resolving issues of compensation for property damage in the presence of a decision to release a person from criminal liability due to the expiration of the statute of limitations (in particular, the decision of the Supreme Court of Ukraine), as well as theoretical aspects related to this issue with reference to the norms of the Constitution of Ukraine and the Convention on the Protection of Human Rights and Fundamental Freedoms. According to court practice, in Ukraine, the expiration of the statute of limitations in a criminal case does not automatically mean the absence of civil liability for the offense committed. In cases where a person has been acquitted in criminal proceedings due to the expiration of the statute of limitations, there may still be grounds to seek civil damages for property damage. Ukrainian courts may take into account such factors as the nature of the offense, the amount of damage caused and the evidence provided when determining liability for compensation in civil cases. Civil proceedings in this case should be separate from the criminal case with the need to focus on legal responsibility for the property damage caused in the presence of relevant admissible evidence submitted by the party in the case. As of today, it is extremely important to effectively navigate the peculiarities of such cases and to achieve the correct interpretation of evidence in cases of potential compensation for property damage in civil proceedings.

Legal Review of the Implementation of Restorative Justice in Criminal Acts of Assault and Banging in the South Jakarta Police Area

A criminal act is an act of a person of his own will or of another person carried out by him and the behavior is an act that is prohibited and at the same time gives rise to a criminal responsibility by the perpetrator of the act and the act itself. Every act of criminal abuse and assault results in physical, psychological, sexual and/or neglectful misery or suffering, including threats to commit acts. coercion or deprivation of liberty in an unlawful manner is a criminal act of abuse and assault. A person who commits a crime of allowing, committing, ordering to do, participating in committing violence against criminal acts of abuse and assault must still be responsible because a person cannot be held responsible and sentenced to a criminal offense if he does not commit a criminal act. To be further examined how the regulation of criminal acts of abuse and assault allows, orders to do or participates in committing violence, then based on Indonesian criminal law and how the criminal responsibility of children who commit the crime of allowing, ordering to do or participating in committing violence against criminal acts of abuse and assault. The research method used in this study is the normative legal research method, from the results of the study it was found that the regulation of criminal acts of children who allow, order or participate in committing violence, criminal acts of abuse and mob violence in Article 76C in conjunction with Article 80 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection and criminal responsibility of children who commit criminal acts of allowing, ordering or participating in committing violence against children to death by serving a maximum of half of the maximum prison sentence for adults as regulated in Paul 81 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Clarifying the meaning of acts of violence in the KUI IP. Legislation, Government Regulations, Permenkumham and the Government must form legislation, government regulations, Permenkumham that are even stricter in providing sanctions for perpetrators of criminal acts of abuse and mob violence

THE IMPACT OF THE TRANSFER, APPOINTMENT, AND DISMISSAL OF JUDGES ON JUDICIAL INDEPENDENCE IN LIGHT OF THE 2020 CONSTITUTIONAL AMENDMENT

Objective: The aim is to highlight the important role of the Supreme Judicial Council in the transfer, appointment, and dismissal of judges, particularly after the adoption of the justice sector modernization plan in Algeria. Additionally, it seeks to contribute to the strengthening of the Supreme Judicial Council through the 2020 constitutional amendment and its effectiveness. Theoretical Framework: The study is based on the field of appointing, transferring, promoting, and dismissing judges, which falls under the jurisdiction of the Supreme Judicial Council according to the 2020 constitutional amendment. It also examines the council's authority in supervising judicial discipline, which entails criminal, civil, and disciplinary responsibility as stipulated in the organic law and the 2020 Constitution. Method: The objective analytical method was used, as the subject of this study is derived from legal texts and their analysis. Results and Discussion: The Supreme Judicial Council in Algeria continuously reviews its composition and institutions to adapt to the requirements of the constitution and the law. Its independence limits interference from any authority, including the legislative or executive branches, in the judiciary's professional path. This applies to the appointment, transfer, promotion, and dismissal of judges, and also encompasses all matters related to judges. Research Implications: The results indicate that the 2020 Constitution has made the Supreme Judicial Council more adaptable to current developments and strengthened its independence, particularly in relation to the appointment, transfer, promotion, and dismissal of judges. However, it is necessary to ensure that the composition of the Supreme Judicial Council is exclusively comprised of members of the judiciary, and that the position of President of the Supreme Judicial Council is assigned to the Chief Justice of the Supreme Court to support guarantees. Originality/Value: This study serves as a contribution to the field of judicial independence through the appointment, transfer, promotion, and dismissal of judges. It enhances this specialization and supports independence by referring to the 2020 constitutional amendment. The study is limited and has not been deeply explored before, providing valuable insights into the Supreme Judicial Council's efforts to strengthen judicial independence in light of the 2020 Constitution.

THE REALITY OF PARALLEL TRADE IN CRIMINAL LEGAL TEXTS

Objective: The aim is to highlight the important role of the Supreme Judicial Council in the transfer, appointment, and dismissal of judges, particularly after the adoption of the justice sector modernization plan in Algeria. Additionally, it seeks to contribute to the strengthening of the Supreme Judicial Council through the 2020 constitutional amendment and its effectiveness. Theoretical Framework: The study is based on the field of appointing, transferring, promoting, and dismissing judges, which falls under the jurisdiction of the Supreme Judicial Council according to the 2020 constitutional amendment. It also examines the council's authority in supervising judicial discipline, which entails criminal, civil, and disciplinary responsibility as stipulated in the organic law and the 2020 Constitution. Method: The objective analytical method was used, as the subject of this study is derived from legal texts and their analysis. Results and Discussion: The Supreme Judicial Council in Algeria continuously reviews its composition and institutions to adapt to the requirements of the constitution and the law. Its independence limits interference from any authority, including the legislative or executive branches, in the judiciary's professional path. This applies to the appointment, transfer, promotion, and dismissal of judges, and also encompasses all matters related to judges. Research Implications: The results indicate that the 2020 Constitution has made the Supreme Judicial Council more adaptable to current developments and strengthened its independence, particularly in relation to the appointment, transfer, promotion, and dismissal of judges. However, it is necessary to ensure that the composition of the Supreme Judicial Council is exclusively comprised of members of the judiciary, and that the position of President of the Supreme Judicial Council is assigned to the Chief Justice of the Supreme Court to support guarantees. Originality/Value: This study serves as a contribution to the field of judicial independence through the appointment, transfer, promotion, and dismissal of judges. It enhances this specialization and supports independence by referring to the 2020 constitutional amendment. The study is limited and has not been deeply explored before, providing valuable insights into the Supreme Judicial Council's efforts to strengthen judicial independence in light of the 2020 Constitution.

Advancing knowledge about criminal justice and mental health

Advancing knowledge about criminal justice and mental health Researchers with expertise in criminal law, philosophy, psychiatry and psychology are combining their knowledge to explore how mental disorders are approached within criminal law and contribute to better legal and forensic practices. Current criminal justice systems are based on the premise that human beings are responsible agents that can be held accountable for their actions. However, most criminal justice systems have legal doctrines recognising that there are exceptions when an individual should not be considered criminally accountable. A ubiquitous practice is that children under the minimum age of criminal responsibility are not subject to punishment. Similarly, most countries limit criminal responsibility for offenders with mental disorders and disabilities. However, the question of who should be held criminally accountable and who should not is highly controversial, and a subject of debate. The same applies to what role psychological and psychiatric experts should have in criminal proceedings.

Does Multisystemic Therapy Change Criminogenic Risk Factors? A 10-Year Study Among Norwegian Youths With and Without Offenses

The study investigated outcomes of Multisystemic Therapy (MST), for youths with and without recorded offenses. Over 10 years, 4,103 young people in Norway completed MST, and 5.39% of them had a criminal record. Those with previous offenses had higher scores on most dynamic risk factors. This high-risk group is predominantly boys, below the age of criminal responsibility (15 years) and have substance abuse issues. We observed reductions in risk factors from the beginning to the end of MST for both groups, with the group with offenses showing the most significant improvements. Committing a criminal offense at a young age is strongly associated with later recidivism. This study suggests that MST could disrupt cycles of offending by addressing criminological risk factors.

Medical Responsibility in the Colombian Context: A Review of Negligence from the Legal Framework and Ethical Perspective

This article explores medical responsibility and negligence from an ethical and legal perspective within the Colombian context. It highlights causes of negligence such as deficiencies in professional training and organizational problems. The article emphasizes "objective imputation as key to determining the criminal responsibility of the physician" (Alvarado D. 2019). The objectives include analyzing the current legal framework in Colombia and assessing the link between medical ethics and legal responsibility. The methodology builds upon a thorough examination of specialized literature, including peer-reviewed scientific articles in medicine and law, as well as legal documents and ethical regulations. A targeted search was conducted across various bibliographic databases including Google Scholar, Redalyc, Scielo, Dialnet, Biomed Central, Miguel De Cervantes Virtual Library, and BVS virtual health library.

Problem issues of criminal responsibility for forced disappearance

Problem issues of criminal responsibility for forced disappearance