Forms Of Criminal Responsibility Research Articles

Pertimbangan Hakim dalam Pemidanaan Pelaku Tindak Pidana Pengedaran Mata Uang Palsu

The purpose of this research is first to find out how the criminal responsibility of the perpetrators of the crime of circulating counterfeit currency is? and secondly, what are the judges' legal considerations in deciding cases of criminal acts of circulating counterfeit currency? In order to answer these problems, normative juridical and empirical juridical approaches are used. Data collection was carried out by means of literature and field studies, then the data were analyzed qualitatively. Based on the results of the research and discussion it was concluded that the defendant's form of criminal responsibility against the defendant Hendi Setio who was proven to have committed the crime of counterfeiting currency was imprisonment for 2 years and 6 months and a fine of IDR 100,000,000. In deciding the case the judge has considered the juridical, sociological, and philosophical aspects. Based on these conclusions, it is hoped and suggested that socialization or counseling be carried out on the characteristics of genuine rupiah currency to the public so that it is hoped that the circulation of counterfeit money will decrease. In addition, the judge in imposing a sentence must always pay attention to the purpose of punishment by fulfilling a sense of justice for both the convict, the victim and the wider community.

JUDICIAL REVIEW OF PERPETRATORS REGARDING CRIMES OF VIOLENCE IN THE FAMILY

Domestic Violence (KDRT) is a problem related to violence that often occurs in households and enters into issues regarding Human Rights (HAM). know the form of criminal responsibility towards the perpetrators of cases of criminal acts of violence in the family, as well as the views of judges on this matter. The normative research method with a qualitative approach is used in this study. Criminal responsibility for the perpetrators of the decision Number 2138/Pid,sus/2019/PN.Mdn that the perpetrators based on the crime that the perpetrators committed violated Article 44 paragraph 1 (one) of Law No.23 of 2004 concerning the Elimination of Domestic Violence, where in this case the perpetrator is asked for criminal responsibility as a legal subject.

PERTANGGUNGJAWABAN PIDANA KOMANDO DALAM HUKUM PIDANA INDONESIA DAN BELANDA (SUATU STUDI PERBANDINGAN HUKUM)

Command responsibility is a form of criminal responsibility that specifically aims to ensnare commanders who know and allow not to prevent their subordinates from committing criminal acts as well as commanders who fail to take steps in the form of handing over their subordinates who have become perpetrators of certain crimes to the investigation, investigation and prosecution process. The concept of command responsibility is regulated by several international court forums such as the ICTR, ICTY and ICC. In its development, command responsibility is also regulated in national criminal law, several countries that regulate commando criminal responsibility include Indonesia and the Netherlands. The two countries regulate command responsibility in criminal laws outside the Criminal Code and exclusively apply command responsibility to certain types of crimes, namely crimes that are classified as the most serious crimes or gross human rights violations.

Ordering as an Alternative to Indirect Co-Perpetration

Abstract This article explores the issue of leadership criminality with a view to construing it as ordering liability under Article 25(3)(b) of the ICC Statute. It outlines the requirements of ordering liability as they can be deduced from the practice of international criminal tribunals and the International Criminal Court. In a case study, it applies these criteria to the conduct of Bosco Ntaganda to ascertain whether he could have been convicted for ordering crimes. Based on the case study, the article discusses whether ordering, as a form of criminal responsibility, should be preferred to the theory of indirect (co-)perpetration.

Перспективы расширения круга принудительных мер воспитательного воздействия, применяемых при освобождении несовершеннолетних от уголовного наказания

The release of minors from criminal punishment is one of the manifestations of the method of encouragement in the criminal law of Russia. The expansion of the range of alternative measures to criminal punishment applied to minors has great importance. The article analyzes the legislation of application of measures alternative to criminal punishment in number of foreign countries. An analysis of French legislation has shown that the French model of juvenile justice assumes an individual approach to a juvenile offender, creating for him the most favored regime in terms of release from punishment. There are several measures that deserve attention in the legislation of a number of countries near Russia abroad, along with compulsory measures of educational influence, similar to the measures provided for in the Criminal Code of the Russian Federation. In particular, the Criminal Code of the Republic of Moldova provides for such a measure as imposing on a minor the obligation to participate in a probation program. Such programs differ both in orientation (probation programs for the correction of social behavior or social reintegration) and in the way minors participate in them (group or individual probation programs). The essence of compulsory measures of educational influence is the upbringing of minors and restriction of misconduct. According to the authors’ opinion, compulsory measures of educational influence, not being any form of realization of criminal responsibility, can, if properly applied, have a greater educational effect on minors than criminal punishment or another form of criminal responsibility. The Russian legislator pays obviously insufficient attention to the regulation of compulsory measures of educational influence. The range of compulsory measures of educational influence in the Criminal Code of the Russian Federation should be significantly expanded, which will contribute to the individualization of the release of minors from criminal punishment. It is proposed to include in the range of compulsory measures of educational influence such measures as imposing the obligation to publicly or in another form determined by the court to apologize to the victim; imposing the obligation to take a course of psychological assistance; imposing the obligation to take a course of compulsory education; imposing the obligation to participate in the probation program; gratuitous socially useful educational work (in institutions and organizations that provide social and medical assistance).

Analysis Of Criminal Liability As Doer Of Preening Criminal (Case Study In The Blora State Court)

Criminal beatings lately occur a lot because of actions from one person to another outside the normal limits. Crimes that often occur are beatings regulated in the criminal law book, namely Article 170 of the Criminal Code. The formulation of the problem in this study is how is the form of criminal responsibility towards the perpetrators of the beating crime committed by more than one perpetrator, and what are the obstacles in the criminal justice process against the perpetrators of the beatings and their solutions. The method used in the form of sociological juridical research specifications descriptive analysis. Data consists of primary data and secondary data taken by the method of document collection, interviews, and literature study. Based on the research it was concluded (1) The form of a system of criminal justice process in the flow of the trial in the decision Number 94 / Pid.B / 2019 / PN Bla as a form of criminal responsibility towards the perpetrators of beating crimes that are processed in the criminal justice process, (2) Obstacles deep inhibition in the criminal justice process against the perpetrators of the beating crime including the investigation process in presenting witnesses, the prosecution process that takes time, and article 170 of the Criminal Code which still has ambiguous in theoretical.Keywords: Criminal Liability, Beating Criminal Acts

Меры уголовно-правового характера за совершение неправомерных непреступных уголовно-правовых деяний

The article raises the problem of the absence in the doctrine of criminal law of a single understanding of what are criminal measures applied for the Commission of illegal non-criminal criminal acts. Objectives of the study: 1) determine the scope of the concept «other measures of criminally-legal character»; 2) to characterize measures of criminal law imposed for unlawful non-criminal criminal-legal acts; 3) examine the correlation of criminal responsibility and other measures of criminal-legal character; 4) classify the measures of criminal law imposed for unlawful non-criminal criminal-legal acts. Methods: formal-legal, comparative analysis method. The following conclusions are made: 1. Illegal non-criminal criminal law acts, characterized by public danger, as legal facts entail the emergence of protective criminal relations. Other measures of a criminal legal nature applied on the basis of these acts are carried out outside the framework of criminal responsibility, respectively, they are not forms of its implementation. 2. Illegal non-criminal criminal-legal acts that are not socially dangerous, as legal facts affect the dynamics of existing criminal-legal relations that arose as a result of the Commission of crimes. Other measures of a criminal-legal nature applied on the basis of the specified acts are carried out within the framework of criminal responsibility, are forms of its implementation. 3. The concepts of criminal responsibility and criminal law measures do not coincide in terms of content. The concept of criminal law measures is broader in terms of the concept of criminal responsibility, since its content includes criminal responsibility with its forms, which are measures of a criminal law nature, as well as other criminal law measures imposed for the Commission of illegal non-criminal criminal law acts characterized by public danger. 4. Measures of a criminal-legal nature are classified on the basis of two interrelated criteria: 1) whether they relate to the forms of criminal responsibility; 2) what is the degree of public danger of an illegal criminallegal act is the basis for their application.

ПРЕВЕНТИВНЫЕ ВОЗМОЖНОСТИ ПРИМЕНЕНИЯ УГОЛОВНОГО НАКАЗАНИЯ

The most Important areas of the preventive role of criminal law are limiting the use of punishment in the form of deprivation of liberty, determining legal compromises between the offender, the victim, society and the state, establishing an effective system of punishment, fair sentencing, which is as individualized as possible, and others. In this regard, criminal justice takes place after the commission of crime through the implementation of the preventive function of criminal law norms. Today, an urgent problem is the study of criminal law crime prevention, as a collective, complex concept that includes the possibilities of criminal and penal law. This study is devoted to the prevention of crimes by criminal law means. The paper explores the problems of manifestation of the preventive function of criminal law in the application of punishment and other forms of criminal responsibility, justifies the position on reducing the imposition of convictions with a penalty of imprisonment. The analysis of current legal acts and opinions of scientists who conducted research in this area is carried out.

Analysis Of Criminal Liability Crime of Legislative Elections (Case Study Legislative Elections in Semarang)

This study aims to determine the form of criminal responsibility to the crime of legislative elections in Semarang; and obstacles in the implementation of criminal law enforcement against criminal acts of the legislative elections in the city of Semarang.The results showed that the process of law enforcement against criminal acts in general legislative elections held in the context of the criminal justice system in Indonesia, which includes the process of investigation by the police, prosecution by prosecutors and sentencing / verdict by the District Court. Criminal investigations are conducted legislative elections Police, in accordance with the provisions of Article 1 Paragraph (13) of Act No. 2 of 2002 on the Indonesian National Police. In the organization of the legislative elections, in the enforcement of the criminal acts of the legislative elections undergone many obstacles such as: Non-fulfillment of formal requirements and substantive a report criminal election, which resulted election supervisors or investigators difficulty to follow up a report, on terms materially one of them seek witnesses were very hard done by the Election Supervisory; The absence of witnesses because people who know the incident did not dare to testify due to intimidation;The limited time handling criminal offense elections, at both or election supervisory level law enforcement officers.Keywords: Criminal Liability; Crime; Legislative Election.

Corrupción y captura del Estado: la responsabilidad penal de los servidores públicos que toman parte en el crimen organizado

Una de las características inherentes al crimen organizado es un mayor o menor grado de captura del Estado por corrupción, pues la penetración de las instituciones estatales le reporta a la agrupación una reducida probabilidad de ser eliminada, y una elevada facilidad para asegurar el éxito de las operaciones delincuenciales. Igualmente, en el mundo del crimen organizado, puede suceder que los servidores públicos hagan parte de las agrupaciones. En ambas tipologías de participación de servidores públicos en las actividades del crimen organizado cabe preguntarse sobre las formas de responsabilidad penal en que incurren los funcionarios que tomen parte en tales conductas. Así, el principal hallazgo de la investigación es que las posibilidades de responsabilidad pueden agruparse en tres universos de casos: los que son dependientes de la calidad de servidor público del agente, aquellos con independencia de esa cualificación, y el evento especial del delito de concierto para delinquir, que es transversal a las dos esferas de casos.

ACTIVITY OF FLEET SHIPS ON STRENGTHENING OF THE RIGHT IN THE PORTRAIT OF THE PERIOD (1867 1914)

The article is devoted to the study of problematic issues of reforming and functioning of regimental courts in the Russian Empire after the military-judicial reform, carried out in 1867. The author of the article gives a brief description of the scientific literature that reveals some questions of the functioning of the institute of regimental courts in the chronological period under consideration. An attempt was made to analyze the degree of influence on the activities of regimental courts of the “List of Omissions” published three times per year, issued by the order for the districts and systematic control of the military prosecutor’s office. The article briefly describes the provisions of the 1867 Military-Court Regulations on matters relating to the activities of regimental courts. Changes are revealed in the sphere of activity of regimental vessels in wartime. In particular, a brief analysis of the amended IV section of the military-judicial charter of 1867, enacted by the order of the Military Ministry No. 464 and entitled “On the court in time of war”, is given. The author made an attempt to analyze the existing order of consideration of cases in the regimental court, to characterize all the participants in the process, their rights and duties. As a result of the study, the author comes to an important conclusion that in the period from 1867‑1917 in the imperial army, the regimental courts considered minor offenses of the lower ranks. The regimental courts, consisting of three officers appointed by the regiment commander, made it possible to narrow the gap between the measures of the disciplinary regulations and the forms of criminal responsibility, enabling the military command to take timely, concrete, decisive and expeditious measures against soldiers who, consciously, other violations of military discipline, disciplinary offenses and other minor offenses. Regimental courts allowed more effective and differentiated approach to every serviceman in matters of military discipline, thereby, in many ways preventing the commission of more serious offenses, to fulfill the principle of the inevitability of punishment to a greater extent.

Common Purpose Liability Versus Joint Perpetration: A Practical View on the ICC's Hierarchy of Liability Theories

AbstractOn 7 March 2014, Trial Chamber II of the International Criminal Court (ICC) convicted Germain Katanga for war crimes and crimes against humanity. Katanga's conviction is based on the concept of common purpose liability as regulated in Article 25(3)(d) of the Rome Statute. This liability theory establishes criminal responsibility for wilfully or knowingly contributing to the crimes of a group of persons who act together pursuant to a common purpose. The ICC regards common purpose liability as a residual liability theory, which provides for a lower level of blameworthiness than principal forms of criminal responsibility, such as joint perpetration. This article appraises the residual and inferior status of common purpose liability by comparing the ICC's application of common purpose liability and joint perpetration. The comparison makes clear that common purpose liability in theory stipulates loweractus reusandmens reastandards than joint perpetration. However, in practice the ICC applies the requirements of both these liability theories in a context-dependent way in interplay with the particular facts of individual cases. It can therefore not be concluded in general terms that common purpose liabilityby definitionconstitutes a less serious type of criminal responsibility than joint perpetration. Instead, it is preferable to adopt a flexible approach, which recognizes that common purpose liability covers a variety of conduct entailing different levels of blameworthiness.

An Odd Couple: Domestic Crimes and International Responsibility in the Special Tribunal for Lebanon

This article examines one of the most serious flaws of the Statute of the Special Tribunal for Lebanon (‘STL’): while it provides that Lebanese domestic law is the sole source of crimes over which the STL will have jurisdiction, it at the same time applies to these domestic crimes uniquely international forms of criminal responsibility, namely joint criminal enterprise and command responsibility. By doing so, the Statute is in violation of the nullum crime sine lege principle, since it would allow for the conviction of persons who could not be held responsible under Lebanese law. The purpose of this article is to highlight some ways out of this problem.