Law Office Research Articles

Bubbles

Bubbles

Debating the Rule of Law: The Curious Re-enactment of the Solicitation Offence

The author worries that the rule of law was diminished when Parliament re-enacted section 213(1.1) of the Criminal Code. This “offence” is a refurbished version of the unconstitutional prohibition against communicating in public for prostitution, which was invalidated by the Supreme Court of Canada in 2013. On its face, section 213(1.1) appears to create an offence to offer sexual services near select public places where minors might be present. But on the ground, section 213(1.1) is not actually operating as an offence at all — at least according to government politicians responsible for passing section 213(1.1) into law and police officers who lobbied for its re-enactment. By delving into the lawmaking process, the author discovers evidence that section 213(1.1) was instead re-enacted to operate as a warrantless detention power. If the debate between legislators and police is taken seriously, de facto detention under section 213(1.1) appears to serve as a means to two ends: (1) to extricate people who sell sex out of the industry; and (2) to collect evidence of graver offences by pimps and johns. Neither of these two ends involve charging the citizens who are technically criminalized under section 213(1.1), yet who are otherwise cloaked in moral blamelessness by legislators and police. Despite the benevolent motives of legislators and police, the author identifies four interconnected rule of law problems with de facto detentions under section 213(1.1): unaccountability to law, misallocation of power, unanswerability to citizens, and inaccessibility to justice. The author argues that distorting a criminal offence into a de facto detention power deprives people not only of constrained choices, but also of vital procedural safeguards, without which they cannot seek the answers, accountability, and justice that everyone deserves.

Criminal Responsibility of Criminals Defamation on Advocate Name

The purpose of this research is to know and understand the legal responsibility of the criminal defamation against lawyers according to Islamic criminal law, to know and understand the legal responsibility of the criminal defamation against lawyers according to Indonesian criminal law as well as to know, understand and analyze the legal accountability of the perpetrators criminal defamation against advocates at the Law Supremacy & Associate law office in Police Report Number: LP / B / 115B / XI / 2019 / Jabar according to Islamic criminal law and Indonesian criminal law. The approach method used in this research is normative juridical. The research specification used in this research is descriptive analytical. The theory used in analyzing the above problems is the rule of law theory, the theory of legal certainty and the theory of criminal responsibility in Islamic law. The conclusion of this study is that legal responsibility for the perpetrators of criminal defamation against advocates according to Islamic law is a Ta�zir sentence in the form of a limited prison sentence, where the length of the sentence is handed over to Ulil Amri who examines the case, while according to Indonesian criminal law it is a prison sentence and fines. Legal accountability for perpetrators of criminal defamation against advocates in the Police Report Number: LP / B / 115B / XI / 2019 / Jabar, according to Islamic law, is punishable by Ta�zir in the form of limited prison. Meanwhile, according to Indonesian criminal law, the actions of suspects are subject to imprisonment and a fine, in accordance with the provisions of Article 311 paragraph (1) and Article 315 of the Criminal Code.�

Уголовный проступок в зарубежном уголовном законодательстве

The article attempts to make a comparative legal analysis of foreign criminal legislation on the subject of legal regulation of the category of criminal offense. The presence of this category in most criminal law systems of foreign countries has been established. It is concluded that it is necessary to introduce a criminal offense in the Russian criminal law

Death caused by negligent medical care: Reconsidering the role of gross negligence manslaughter in the aftermath of Bawa-Garba

Gross negligence manslaughter is a well-established common law offence in English jurisdiction. Nevertheless, it remains a troubled area of law. Academic commentators, as well as the Law Commission, have frequently called for reform. We explore this offence through the prism of medical manslaughter and argue that the offence is insufficiently nuanced in certain situations of death caused by gross negligence. This applies particularly to complex professional circumstances where a coalescence of inter-linking factors may converge with disastrous results for the parties concerned. Using the clinical care model as an exemplar, we argue that relentless focus on the offender can result in a disproportionately high level of blame being foisted on an individual. On the basis of decision theory, we suggest that insufficient regard may be given to confounding contextual matters. Failure to address underlying systemic factors may impede wider patient safety initiatives such as professional medical candour and strategies designed for institutional improvements directed at broader societal benefit. We offer an alternative approach based upon principles of fair attribution of blame and transparency. A new statutory offence is suggested for a fault-based standard that is set by law that gives greater prominence to contextual matters. We argue for wider disposal options that include ancillary court orders for rectification of systems failures and more proactive engagement of the coronial process.

Reforming the rape offence in Norwegian criminal law

This article addresses the content, context and development of the Norwegian rape offence to frame and explain current reform discussions. The authors describe how the offence has gradually expanded over time by partial reforms, the last in 2000, leading up to the contemporary stand of law. The article shows that the role and priorities of the feminist movement has had consequences for how the rape offence has developed. There are currently debates on whether to further revise the rape offence. While debaters share the view that rape is a serious offence and that more should be done to combat it, they are divided in how they see the potential and role of law; some debaters emphasise law as a practical instrument, others instead focus more on its symbolic functions. The authors argue that both perspectives are legitimate and needed, and see this acknowledgment as key for moving debates forward.

Freedom of association (associations) as the dominant organizational and legal forms of legal entities

The article is devoted to the study of freedom of Association as a variety of political freedoms and the infl uence of the constitutional and legal method of securing freedom of Association (associations) on the organizational and legal forms of legal entities. The author consistently analyzes the French, German and British models of freedom of Association and gives examples of the infl uence of these models on other countries. Freedom of Association has a constitutional and legal form of consolidation in the Russian Federation, which receives the necessary specifi cation in civil legislation by constructing such organizational and legal forms as Association and Union. The author comes to the conclusion that in Russian law, an Association is a constitutional legal institution, while an Association and a Union are civil law institutions. In accordance with paragraph 18 of article 22 of the Federal law “on advocacy in the Russian Federation” and article 23 of the law on relations arising in connection with the establishment, operation and liquidation of the bar Association and law offi ces. The article focuses on the essence of a legal entity and a Corporation. The author believes that the legal structure (concept) of the Corporation originates from the activities of legists and canonists. The corporatist concept of legists covered any legal entities that did not coincide with a natural (natural) person. According to the author, the real turning point in the study of the nature of a legal entity occurred in connection with the activities of F. Savigny and his followers: B. Windscheid and G. Pukhta. The legal entity was also studied by R. Iering, I. Blunchli, O. Gierke and outstanding Russian scientists G. F. Shershenevich, N. M. Korkunov and others. Freedom of Association (associations), French, German, British model of freedom of Association (associations), Constitution, Corporation, ideal goal, business companies, non-profit partnership, bar Association, law office.

The Law Officers: The Relationship Between Executive Lawyers and Executive Power in Ireland and the United Kingdom

The Law Officers: The Relationship Between Executive Lawyers and Executive Power in Ireland and the United Kingdom

The Myanmar <em>Shwe</em>: Empowering Law Students, Teachers, and the Community Through Clinical Education and the Rule of Law

Myanmar's attorneys, judges, law officers, and law teachers are slowly emerging from the isolated world they inhabited during decades of military authoritarianism. Almost a decade ago, the country triumphantly burst into an era of "disciplined" democracy under the leadership of Aung San Suu Kyi, de facto head of state. Yet, the legal education system continues to be marked by hierarchical and bureaucratic practices, infrastructural and pedagogical neglect, and low confidence in the formal justice sector. The authors—two American law professors and practitioners and two students—discuss the direction of legal education in Southeast Asia and how clinical legal education (CLE) methodologies can be used to empower law students, teachers, and their communities, with an emphasis on the rule of law and access to justice. They draw on their experience in developing and piloting Community Teaching and Externship Preparation law school curricula in 2017–19 under the auspices of non-governmental organization BABSEACLE (formerly Bridges Across Borders South East Asia Clinical Legal Education Initiative). They highlight two teaching modules: Community Needs Assessments and peer-to-peer "CLE English" classes at university law departments in remote regions of the country and the outskirts of Yangon. Along with receptiveness for new approaches to teaching, learning, and mentoring by international experts, the authors faced centralized decision-making and planning, no culture of faculty collegiality or autonomy, risk aversion, reluctance to "stand out" amongst peers, frequent teacher transfers, inadequate research skills, rote learning, undue reliance on "distance education," and limited English proficiency. Lastly, the authors comment on the future potential of this educational initiative and the "Development Industry." Warning against a "Project World" mentality, unwelcome imposition of liberal ideals of individualism, and neocolonial tendencies, they highlight the importance of consultation with educational institutions, awareness of the role of local intermediaries and informal justice sector, and the need for genuine coordination and partnership amongst donor agencies and NGOs.

Approach to Parent-Child Relationships and the Relationship Between the Parents at a Law Office

Approach to Parent-Child Relationships and the Relationship Between the Parents at a Law Office

The Loyal Defense Lawyer

The work of defense lawyers entails managing emotions to ensure that they remain appropriate to the situation – whether that be a criminal trial or the law offices. This demands emotional dexterity and interactional skill, not least due to the particular role of defense lawyers who work closely with clients, view gruesome evidence and who often face moral suspicion. This chapter explores the various emotions at play in defense lawyers’ role accomplishment, with particular focus on how they perform the guiding principle for their legal position, namely loyalty. All of this is made more challenging for defense lawyers as they must ensure that their performances remain suitable to the invisible regime of law which attempts to sustain an illusionary dichotomy between rationality and professionalism on the one hand, and emotionality on the other. In this chapter the ways in which defense lawyers in Sweden manage their emotions to loyally represent their clients are therefore shown by presenting interview material from lawyers and ethnographic fieldnotes from criminal trials.

Terrorism offences in Belgian criminal law: is less more?

Terrorism offences in Belgian criminal law: is less more?

To the question of an administrative offence in criminal law on the fact of the crime under Article 264.1 of the Criminal Code of the Russian Federation

To the question of an administrative offence in criminal law on the fact of the crime under Article 264.1 of the Criminal Code of the Russian Federation

Navođenje deteta na prisustvovanje polnim radnjama - nametnuta i neprimetna inkriminacija

This crime, introduced in our KZ as an obligation a resulting from the provisions of the Council of Europe Convention on the Protection of Children from Sexual Exploitation and Sexual Abuse, has almost no practical significance in judicial practice. This confirms the past 12 years, since it has existed in the Criminal Code, and although by all parameters, given the "nonexistence" of this crime in judicial practice, its decriminalization should be performed, obligations undertailing from the aforementioned Convention do not allow us to do so. But even if we abstrate this fact, we still believe that there are objections that we have pointed to in the work, which the lawmaker has not addressed, and they are in paragraph 1 of this law offence of an essential nature, while in paragraph 2 of this Article, terminological nature. Therefore, in paragraph 1, it is a complaint that allegations of witnessing sexual acts of a criminal character such as rape on the one hand of other punishable sexual acts (adultery with a child, adultery against a powerless person, adultery by abuse of office and illicit sexual activity) on the other hand and especially as a third voluntary sexual relationship. These tentatively stated three types of sex acts cannot be treated in any way together nor can they have the same range of threatened punishment (no matter how much of that range of punishment is). In some future amendments to the KZ, this "anomaly" should be corrected by iciting the child to attend sexual acts such as rape should be incrimination as a more severe form and therefore foresee greater punishment than the existing one. The reason is more than clear and logical, because the presence of a child in the act of rape inevitably creates dangerous and long-lasting consequences for his mental (mental) health. Regarding paragraph 2 of this Constitution, terminologically difficult to subjugation under the notion of forcing a child to attend sex acts. In this sense, corrections should be made that could be in the title of the crime itself, and that correction could be - bringing and forcing the child to attend sex acts.

Geneza krivičnog dela nasilje u porodici u srpskom krivičnom pravu

Serbian criminal law legislature regulating family violence has been riddled with shortfalls and ambiguity from the onset, resulting in major difficulties in its application. Insufficient rumination by lawmakers and absence of wider discussion within professional circles is evident in the criminal law provisions regulating this pathology. An overview of provisions regulating the family law offence in fundamental criminal codes offers somewhat better insight into the difficulties of applying such provisions in practice in addition to offering an explanation on how the public views family violence. Further this overview sheds light on some of the reasons for development of special, and in many ways hybrid, legislature regulating family violence.

Niue

Niue Salote Talagi (bio) This has been an unprecedented period for Niue, with the global novel Coronavirus Disease 2019 (covid-19) pandemic compelling Niue to shut its borders for the first time in contemporary history and the 2020 Niue general election resulting in the ousting of former Premier Sir Toke Talagi. While the former was a significant and unforeseen event, the latter was [End Page 214] unsurprising, following concerns regularly raised by opposition members of Parliament (mps) over the former premier’s extended absence from Niue due to ill health and the ensuing calls for his resignation due to his inability to carry out duties expected of him as premier and minister for finance. First, I extend my condolences to the family of and the people of Niue led by former Premier Sir Toke Talagi, who passed away while this review was being written. While our approaches to politics differed, Sir Toke was an admirable and bold leader who was fiercely proud of Niue and its people and who saw great potential in what Niue could achieve. It is without a doubt that, thanks to his leadership, Niue is now well placed for the new government to carry forward. There were a number of key items and events worth noting during this period: Niue designated 40 percent of its exclusive economic zone, an equivalent of 127,000 square kilometers (49,035 square miles), as a marine conservation area (Moana Mahu Marine protected area); the country became the world’s first Dark Sky Nation; there was impressive external diplomatic representation at Niue’s forty-fifth constitution celebrations, with representatives from Aotearoa/New Zealand, Australia, the United States, and the People’s Republic of China; and Niue was removed from the European Union’s blacklist for tax havens after it implemented all necessary reforms to strengthen good governance and clamp down on tax avoidance (bcn, 25 Feb 2020). A total of four acts were passed in the Niue Legislative Assembly during this period, and four regulations were introduced (Niue Crown Law Office 2020). Evidently, this period has been quiet on the lawmaking front, with opposition to some extent dominating discussions in the assembly and media, in addition to disruptions caused by covid-19 and the Niue general election. As such, this review focuses on the impacts of covid-19 and the 2020 election. The covid-19 pandemic saw Niue, which remains one of the world’s few covid-19-free countries, shut its borders to the outside world for the first time in contemporary history. Plagued by disquiet and calls from opposition mps and the local business community to shut Niue’s borders, the government and other relevant agencies’ proactive management of Niue’s response to the virus, including the application of a virus-prevention strategy, has so far been successful. This approach follows the lead of other countries who have been successful in their management of covid-19, such as Tonga and New Zealand. As the number of cases surged globally, it was evident that Niue’s health-care system, as well as its broader political system, was in no position to handle any case or community outbreak of the virus. The decimating outbreak of measles in Sāmoa in 2019 signaled that island countries like Niue are not immune to such events. Given Niue’s ill-equipped health-care system, which is reliant on New Zealand and other regional and global bodies for support, equipment, and supplies, the best strategy was prevention. With the establishment of covid-19 as a notifiable disease pursuant to the Public Health Act 1965, travel [End Page 215] restrictions and strict quarantine requirements for incoming passengers were implemented (Government of Niue 2020). The first few repatriation flights were not without issues, as many people were confused about the meaning of “quarantine” and “isolation” and the quarantine rules for arrivals were inconsistent. The first covid-19 briefing in Niue for arriving passengers also saw family and community members attend out of interest, raising concerns about the risk of exposure not only to those present but also to the Niue Golf and Sports Club members. Many appeared to struggle to fully grasp and understand the implications of...

Normative and Procedural Grounds for Legal Liability of a Judge

The article defines the basic principles of formation of normative and procedural grounds of legal responsibility of a judge. It has been found out that bringing a judge to a legal obligation by the regular basis indicates the necessity to enshrine the relevant list of offences in law. It has been determined that getting a judge to legal responsibility on regulatory grounds means committing an illegal action (from an objective point of view), primarily enshrined in the appropriate level of regulatory prohibitions. It has been established that the main essence of the factual basis for bringing a judge to legal responsibility is the action or inaction of a judge which indicates a prohibited legal norm, including offences. It has been found that the essence of the procedural and legal grounds for bringing a judge to legal liability primarily depends on the clarity of the decision of unique bodies that are competent in the field of imposing measures of legal liability on a judge. It has been proved that the procedural conditions for bringing judges to justice today are interrelated with the initiative of proceedings against them. It is determined that the basic principles of bringing judges to justice should be interpreted as objective signs of an act (action or inaction) committed by a judge on illegal grounds, which is the fundamental right that guarantees the victim of offence administration of fair justice is damaged. Researching the critical grounds for bringing a judge to various types of legal liability for committing an offence as prospective in further research in this direction has been suggested.

Primary drug-related crime in the Czech Republic from a geographical perspective: study of urban, suburban and rural differences

Abstract Illicit drug use and drug-related crime constitute a significant issue and create large economic and societal costs both at national and regional level. The aim of this article is to examine the differences in primary drug-related crime between urban, suburban and rural local police departments in Czechia. The primary drug-related crime rate in local police departments was constructed from the data collected in the national crime database and the geographical classification of these departments was taken from previous research. To analyze the differences among urban, suburban and rural departments, we used the general linear model. The models with measures that were not standardized for the number of inhabitants were all significant, while not all the models with standardized measures were significant. Overall primary drug-related crime, unauthorized production and other handling of illicit drugs and possession of illicit drugs models with standardized measures showed no significant differences between departments. The cultivation of plants model with standardized measure shows an increase in the predicted values of independent variables in suburban and rural departments compared to urban departments. Our research results show that local urban police departments are not related to higher rates of standardized primary drug-related crime, although there are differences in specific drug law offences. It suggests that drug-related issues are prevalent in all types of departments, however, the specific issues differ between them. Conclusions: The research showed that standardized primary drug-related crime rate in urban departments is not higher than in suburban or rural local police departments.

The Design of Legal Advisory Office Website of Samsul-Fatkhul-Serangkai (SFS) by Using Laravel Framework

The SFS Law Office is one of the legal advisory offices located in Depok, West Java. As an advisory service, the data processing and management in the SFS Law office served manually so that errors and data loss often occurred. The purpose of this research is to build a website for this legal advisory office so that it can be a tool for the client to schedule meetings with lawyers. It can facilitate lawyers in managing their files and schedules so that it can help clients personally. This website is using Hypertext Preprocessor (PHP), JavaScript, and Cascading Style Sheets (CSS) with Laravel framework, Sublime Text as a text editor, and MySQL database. The method used in the research is Rapid Application Development (RAD). This website has three types of users, namely admin, member, and visitor. The black-box testing method results showed that all options and the web pages able to function as expected. We can access The SFS Law Office website at URL http://www.kantorkonsultanhukumsfs.com available in Bahasa. The assessment calculations from 37 respondents gave the percentage result of 86.76 %, which means that this website is in the "very good" category.

Tindak Pidana Penipuan Penerimaan Pegawai Negeri Sipil di Denpasar

Abstrak—Tindak pidana penipuan CPNS semakin sering terjadi baik di daerah terpencil maupun didaerah perkotaan. Hal ini di karenakan banyaknya masyarakat yang beranggapan bahwa pekerjaan sebagai PNS merupakan pekerjaan yang aman dan menjamin di hari tua. Pembahasan makalah ini meliputi; Bagaimanakah faktor-faktor yang menyebabkan tindak pidana penipuan dari sudut pandang hukum dan masyarakat, Bagaimakah sanksi dan tanggungjawab pelaku tindak pidana penipuan CPNS. Penelitian ini merupakan penelitian normatif. Bahan hukum diperoleh dari pengumpulan bahan hukum yang di dapatkan dari Perpustakaan Fakultas Hukum Universitas Warmadewa dan Perpustakaan Krisna Law Office. Faktor yang mempengaruhi tindak kejahatan penipuan adalah kurangnya beban sanksi atau kurangnya hukuman yang sepadan dan adanya faktor kemiskinan. Studi kasus dalam makalah ini di ambil dari putusan PengadilanNegeri Denpasar (Putusan Nomor: 382/PID.B/2018/PN DPS); pelaku tindak pidana penipuan CPNS yang dikenakkan pasal 378 KUHP tentang kejahatan penipuan dengan sanksi paling lama empat (4) tahun penjara. Penipuan jenis ini bisa merusak watak dan moral bangsa maka seharusnya pemerintah lebih memperhatikannya dan bagi pelaku untuk di berikan hukuman yang sepadan supaya mendapat efek jera. Masyarakat pun di harapkan membantu aparat penegak hukum dengan melaporkannya jika mengetahui perbuatan ini dilakukan dan hendaknya aparat penegak hukum member perlindungan bagi pelapor.