Main Punishment Research Articles

Criminal and legal consequences of violation of traffic safety rules or operation of transport by persons driving vehicles: a review of judicial practice

The article provides an analytical review of the judicial practice of application of criminal law consequences for violation of traffic safety rules or operation of vehicles by persons driving vehicles as prescribed by law. The analysis is based on judicial decisions in cases of violation of road safety rules or operation of transport by persons driving vehicles (Article 286 of the Criminal Code of Ukraine), which are available in the Unified State Register of Judicial Decisions, as well as generalizations of the case law of the highest judicial body. There are grounds to conclude that the courts are usually guided by the legislatively defined general principles of sentencing (Article 65 of the Criminal Code of Ukraine), although there are some decisions in which such requirements are not met (for example, sentencing not within the sanction of the article providing for the committed criminal offense without any grounds for “going beyond” the sanction of the article). At the same time, due to legislative uncertainty, the characteristics that characterize the perpetrator are sometimes recognized as mitigating circumstances; courts arbitrarily mitigate liability in the presence of such circumstances. It should be noted that the practice of exemption from serving a sentence with probation (Article 75 of the CC of Ukraine) for a qualified violation of the rules of road safety or operation of transport by persons driving vehicles (Part 2 of Article 286 of the CC of Ukraine), namely in more than 90% of the analyzed proceedings, is much more widespread than for a simple violation of the same (Part 1 of Article 286 of the CC of Ukraine), namely in approximately 30% of proceedings. Such law enforcement situation is caused by legislatively unbalanced sanctions for different corpus delicti of the same criminal offense, namely, the lack of alternative to the main punishment of imprisonment in part 2 of Article 286 of the CC of Ukraine. The legislative indication of additional punishment in the form of deprivation of the right to drive vehicles as mandatory in part 1 of Article 286 of the Criminal Code of Ukraine (simple violation of the rules of road safety or operation of transport by persons driving vehicles) and optional in part 2 of Article 286 of the Criminal Code of Ukraine (qualified violation of the rules of road safety or operation of transport by persons driving vehicles) also does not contribute to justice and equality of responsibility before the law. In general, the review is aimed at promoting the formation of a unified law enforcement framework for determining the criminal consequences of violations of road safety rules or operation of vehicles by persons driving vehicles by the courts. However, there are legislative shortcomings that have a negative impact on court practice and can only be eliminated by the legislator.

Legal Review Of Death Penalty Sanctions And Asset Forfeiture In Corruption Crimes Reviewed From The Perspective Of Justice

The crime of corruption in Indonesia is regulated by Law Number 31 Year 1999 on the Eradication of Corruption, which was later updated by Law Number 20 Year 2001. This research aims to legally discuss the application of death penalty and asset forfeiture in corruption cases, by considering the principle of justice. The research uses a normative juridical method, in which data is collected from various applicable legal regulations, and the results are presented descriptively-analytically. Although the death penalty is regulated in Indonesian positive law, until now its implementation in corruption cases has never been realized. As a result, the applicable law has not fully provided an adequate sense of justice for the state and the people harmed by acts of corruption. On the other hand, the Asset Forfeiture Bill (RUU) as an effort to recover state losses has been proposed. Asset forfeiture as an additional criminal offense is already regulated in Article 10 letter (b) of the Criminal Code. While the death penalty is the main punishment, both have different implementation procedures, but both aim to realize justice. Both the death penalty and asset forfeiture are expected to have a deterrent effect on perpetrators of corruption and reduce the number of corruption crimes in Indonesia.

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.

تحلیل جامعه‌شناختی جزاهای بدیل حبس در حقوق کیفری افغانستان

Imprisonment is one of the criminal reactions, which is applied to establishment of social order and ensure justice. Alternative punishments of imprisonment were proposed as a result of the emergence of critical criminology theories in the 19th century and de-imprisonment theories. According to the theories of the abolitionist schools, the movements of de-imprisonment and international documents, the Afghan legislator has determined the alternative punishments of imprisonment as the main punishment in 2016. The novelty of the alternative punishment of imprisonment as the main punishment in the penal code and how it matches with the prevailing culture needs a research in this regard. The purpose of the research is to study the alternative punishments of imprisonment, its function in reforming the criminal and how it is accepted as a social phenomenon in the Afghan society. The question is, what is the function of alternative prison sentences from a sociological point of view? What is the feedback of alternative prison sentences in correction and rehabilitation of criminals? This research has been done in a descriptive-analytical way, using a library tool to collect data, in the criminal law of Afghanistan. The findings of the research are; The legislator has determined the alternative punishments of imprisonment for the first time in its modern form as the main punishment. As far as the alternative punishments of imprisonment have been implemented in the society, according to the punishment of imprisonment, it has played more effective roles in the part of reformingthe criminal. Chnging imprisonment to an alternative punishment during punishment shows the flexibility of the legislator regarding the criminals in order to provide the basis for their reformation. However, lack of strict monitoring of its implementation, lack of necessary tools and equipment for electronic monitoring, and lack of culturalizaion among judges to determine alternative punishments to imprisonment are among the problems in its implementation.

Restorative Justice Model through the Imposition of Compensation Punishment as the Main Punishment in Crimes Against Property

Restorative Justice Model through the Imposition of Compensation Punishment as the Main Punishment in Crimes Against Property

ЧИ ВАРТО ПРИЗНАЧАТИ ДОСУДОВУ ДОПОВІДЬ ОСОБІ ЗА ВЧИНЕННЯ КРИМІНАЛЬНОГО ПРОСТУПКУ, ПЕРЕДБАЧЕНОГО СТ. 111-1 КРИМІНАЛЬНОГО КОДЕКСУ УКРАЇНИ

This article describes that the fact is already obvious, and it is recognized at the state level and by the international community, in the conditions of martial law, that the Russian Federation, its military-political leadership has unleashed military aggression on the territory of Ukraine and is committing daily acts against the civilian population war crimes. Therefore, for the proper response of our state to the armed aggression of the Russian Federation against Ukraine and the criminalization of new socially dangerous acts for existing encroachments on the territorial integrity and inviolability of Ukraine, as well as the rights and freedoms of Ukrainian citizens, the Verkhovna Rada of Ukraine made a corresponding addition to the Criminal Code of Ukraine, in particular supplemented this Code of Art. 111-1 “Collaborative activity”. Since Article 111-1 of the Criminal Code of Ukraine is a novel for criminal justice and currently there is no scientific work in Ukraine on the issue outlined by us, therefore it will be appropriate for a comprehensive study of it to start this publication for scientific discussion. The article singles out the problematic issues of appointing a guilty person for committing a criminal misdemeanor provided for in Art. 111-1-2 of the Criminal Code of Ukraine punishment and its execution by the staff of the authorized body on probation. It has been proven that the armed aggression of the Russian Federation against Ukraine created the basis for the emergence of such a socially dangerous act as collaborative activity on the territory of our state. It was noted that a certain group of people appeared who publicly began to deny the enemy’s armed aggression against Ukraine, voluntarily began to help the occupier through cooperation or interaction, to conduct propaganda in educational institutions regardless of ownership, and began to transfer material resources to illegal armed or paramilitary formations, created in the temporarily occupied territory. According to Art. 12 of the Criminal Code of Ukraine, the legislator defined a criminal misdemeanor as an act (act or inaction) provided for by this Code, for the commission of which the main punishment is prescribed in the form of a fine in the amount of no more than three thousand non-taxable minimum incomes of citizens or other punishment not related to deprivation of liberty, it is possible consider that the court’s appointment of a probationer as punishment in the form of “Deprivation of the right to hold certain positions or engage in certain activities” is the alternative that a person can serve for committing a criminal misdemeanor in the subdivisions of the authorized bodies on probation issues. The concept of a collaborator is defined as a physical, reprehensible person, a citizen of Ukraine who has reached the age of criminal responsibility and knowingly cooperates with or leads illegally created bodies in the temporarily occupied territories and does everything to undermine the sovereignty of the state. The concept of a pre-trial report is formulated – it is the result of a socio-psychological examination of a person who has committed a criminal offense provided for in Article 111-1 part 1-2 and for his act the court deprives the convicted person of the right to hold a position or engage in certain activities. In the context of the above, it has been proven that the pre-trial report is one of the tools of the court to obtain additional information on the accused (collaborator) and to use it during court debates and subsequent objective adoption by the court of the measure of punishment for the criminal misdemeanor committed by him. Key words: criminal responsibility, court, authorized body on probation, criminal misdemeanor, collaborator, pre-trial report, punishment.

Formulation of Social Work Criminal Sanctions for Perpetrators of Minor Corruption Crimes Based on Justice

In Indonesia, the formulation of criminal sanctions in the Indonesian Criminal Code has progressed, namely the adaptation of the mindset that criminal sanctions do not always have to be punitive. The benchmark of the provisions of Article 85 of the Criminal Code refers to the criteria, measures, and conditions for the imposition of criminal sanctions against social work sanctions for general criminal offenses, while specifically regulating special criminal offenses outside the Criminal Code, for example, Corruption which is regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Corruption. This type of research is normative juridical research with analytical descriptive specifications using the statute approach, case approach, and comparative approach. The data sources in this research are secondary data sources in the form of primary, secondary, and tertiary legal materials. Research data was collected through a literature study using qualitative data analysis techniques. The results showed that there has been a paradigm shift in Law Number 23 Year 2023, which has regulated the existence of social work punishment as one of the main punishments, which previously did not exist in Law Number 1 Year 1946. The ideal formulation so that the application of social work can be applied is by looking at Law Number 31 of 1999 in conjunction with Law Number 21 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Corruption Crimes and must also be able to see the existence of Law Number 1 of 1946, Article 10 of the Criminal Code does not regulate social work.

Juridical Review Indonesian National Army, Army Who Permitted The Crime of Adulture

The aim is to find out the provisions governing the criminal act of violating adultery or immorality committed by the Indonesian National Armed Forces. This research uses the method The type of research in this study is normative juridical law research, namely research based on literature studies which includes primary legal materials and secondary legal materials. Legal Consequences Regarding the crime of violating decency/adultery committed by the Indonesian National Armed Forces, the perpetrator is subject to Article 281 paragraph (1) of the Criminal Code Juncto Article 26 of the Criminal Procedure Code, Article 190 paragraph (1), paragraph (3), paragraph (4) of the Law of the Republic of Indonesia Number 31 of 1997 concerning Military Justice, namely in addition to the main punishment in the form of imprisonment, as well as additional punishment in the form of being dismissed from military service.

Окремі питання санкції кримінально-правової норми

The sanction of an article of the Special Part of the Criminal Code of Ukraine reveals the legal aspect of criminal punishment. It determines the type and amount of punishment for a criminal offense. Depending on the degree and nature of the public danger, the sanction of a criminal law provision sets out what restrictions a person is subjected to, which may relate to specific personal, property, and other human and civil rights and freedoms provided for by the Constitution of Ukraine. The protection of human rights and freedoms is a priority for the state. The fight against crime is carried out through the imposition of punishment necessary and sufficient to reform the convicted person and prevent the commission of new criminal offenses. In the sanction of the article of the Special Part of the Criminal Code, the type and limit of punishment are established to achieve the goals set out in Article 50. Accordingly, the sanction should correspond to the social danger of the act, provide opportunities to individualize the punishment, consider the principles and general principles of sentencing, etc. The content of the sanction determines the achievement of the goals of punishment, including punishment, correction of the convicted person, and prevention of new criminal offenses. The degree of the socially dangerous act committed, the ability to individualize the punishment, considering the principles and general principles of sentencing, and being consistent with sanctions for crimes of a similar type and nature play an essential role in the design of sanctions. An analysis of the controversial issues is necessary to further improve the sanction of criminal law provisions. The issue of a large amplitude between lower and higher limits of punishment, lack of consistency in the central and qualifying elements of a criminal offense, and many main punishments in the sanctions for one criminal offense are discovered. Keywords: sanction of criminal law provision, crime, individualization of punishment, content of sanction, combating crime.

Toxic Relationships in Islamic Law

Islam clearly prohibits acts of violence. Toxic relationships are part of violence, whether physical, sexual, or verbal. Therefore, in this research, the author tries to explain toxic relationships from the perspective of Islamic law. This research is a type of literature research whose data sources are articles from journals, books, and documents related to toxic relationship issues. The results of this research show that physical violence is a criminal act (jarimah) and criminal acts against other than the soul in Islamic criminal law. The punishment for perpetrators of crimes other than life is: The main punishment is qishas. Furthermore, sexual violence is also prohibited in Islam because this act does not reflect human values, let alone Islamic values, because it does not contain good relationships (mu'asyarah bi al-ma'ruf). Lastly, verbal or psychological violence in relation to one's partner is the Prophet's prohibition on saying 'al-qubh', or bad things, towards one's wife. The word 'al-qubhu' etymologically means the opposite of good or beautiful (hasan) and can be attributed to a physical description or action.

Analisis Sanksi Terhadap Pelaku Jarimah Penganiayaan Berencana Dalam Perspektif Hukum Pidana Islam

Torture is an act of physical injury but not to the point of loss of life or death. Persecution is divided into intentional or planned abuse and unintentional. The focus of this research is on intentional or planned abuse. This social phenomenon regarding premeditated abuse is an act that violates Islamic law. Therefore, cases of planned abuse must be followed up immediately and become an urgency in this research. The aim of this research is to analyze the sanctions received by perpetrators of planned abuse from the perspective of Islamic Criminal Law. The research method used in this research is the library research method with a normative juridical research approach and qualitative data analysis. The results of this research show that (1) If the abuse occurs intentionally or premeditated, in accordance with sharia law, the punishment is Qishas on the basis of Surah Al-Maidah verse 45 that Qishas is a balanced and appropriate penalty imposed on the perpetrator of the crime of intentional or premeditated abuse as The main punishment and if the victim's family forgives, then the punishment is changed to Diat which can then be replaced again with the Ta'zir punishment. (2) The provision of sanctions for planned persecution in Islamic criminal law upholds the principles of justice and the usefulness of sanctions. By imposing appropriate and fair punishments, and ensuring that these sanctions are beneficial to society, Islamic criminal law is able to create a safe and just environment.

Additional Criminal Impositions in Corruption Crimes

The crime of corruption is one of the criminal offenses and unlawful acts committed by a person or corporation with the aim of benefiting themselves or corporations, by abusing the authority, opportunity or means attached to their position and having an impact on state losses. Additional punishment in the crime of corruption is given by the judge because the convict has committed an extraordinary crime. The imposition of additional punishment in the crime of corruption is facultative where this additional punishment can only be imposed together with the main punishment. The judge is not required to impose additional punishment (the judge may choose). Deprivation of certain rights, forfeiture of certain goods, and announcement of the judge's decision are additional punishments given by the judge.

THE CRIMINAL LAW SYSTEM IN INDONESIA FROM THE PERSPECTIVE OF PANCASILA

Since the implementation of Law Number 1 of 1946, Indonesia's Criminal Code has witnessed continuous reforms in material criminal laws, formal criminal laws, and criminal law enforcement. These three components are interconnected, necessitating comprehensive reform. The 2012 Criminal Code Bill aimed at achieving sentencing goals and brought about three types of updates. The first type includes main punishments like imprisonment, cover-up punishment, supervision punishment, fine punishment, and social work punishment. The second type specifically entails the death penalty. The third type comprises additional punishments such as revocation of rights, confiscation of goods or invoices, judge's decision announcements, renewal of criminal sanctions for losses, and fulfillment of local customary obligations. Criminal punishment theories emphasize improvement and prevention from an instrumental perspective. Punishment serves as an instrument to achieve goals beyond itself, like rehabilitating offenders or protecting society. The nature of punishment must align with these objectives, rendering punishment valuable in the pursuit of those ends. However, instrumental theory also allows for alternative means if more efficient. For Indonesia, the essence of law according to Pancasila emphasizes godliness, humanity, unity, democracy, and fairness. Pancasila serves as an ethical benchmark for being a complete Indonesian human being, adhering to Indonesian laws, and guiding behavior toward others and the environment. As society evolves, the law must remain dynamic and adaptable to societal needs. An appropriate legal system in Indonesia should be grounded in the values and culture of the nation, particularly Pancasila, the nation's foundational philosophy. The national legal system must align with Pancasila's ideals to maintain harmony and justice in the Indonesian state.

Criminal sanctions in articles on public appeals to commit criminal offenses against the foundations of national security of Ukraine

The article is devoted to the analysis of penal sanctions of criminal law provisions on public calls for committing criminal offences against the foundations of national security of Ukraine (part 2, 3 of article 109, part 1, 2, 3 of article 110, part 1, 5 of article 1111 of the Criminal code of Ukraine). The author identifies the shortcomings of the penal sanctions of these criminal law provisions.
 The author classifies the penal sanctions of the articles for public calls to commit criminal offences against the foundations of national security of Ukraine. It is established that the sanctions of the elements of public calls for committing criminal offences against the foundations of national security of Ukraine (except for the sanction provided for in part 1 of article 1111) are cumulative and provide for the possibility of additional punishment in the form of confiscation of property (part 2, 3 of article 109, part 1, 2, 3 of article 110, part 5 of article 1111 of the Criminal сode). At the same time, part 5 of article 1111 of the Criminal сode of Ukraine contains two cumulative penal sanctions (mandatory and optional).
 The article analyses the proposals of Ukrainian legal scholars concerning the improvement of penal sanctions under the provisions on public calls for criminal offences against the foundations of national security of Ukraine. In particular, the author provides the arguments which demonstrate the need to provide for imprisonment as the main punishment in part 1 of article 1111 of the Criminal сode of Ukraine. In addition, the author supports the proposal of scholars to provide for deprivation of the right to hold certain positions or engage in certain activities as an additional punishment in part 1 of article 1111 of the Criminal сode of Ukraine.
 The analysis of the existing sanctioning provisions proves that the legislator uses a non-systematic approach when assessing the public danger of public calls for criminal offences against the foundations of national security of Ukraine. Given the need to strengthen the protection of Ukraine’s national security in the context of Russia’s full-scale armed aggression against Ukraine, the author identifies the ways to improve the system of penal sanctions under criminal law provisions on public calls for criminal offences against the foundations of Ukraine’s national security.

The System of Punishments for Individuals According to the Criminal Code of the Socialist Republic of Vietnam

Introduction. On the one hand, the system of punishments clearly shows the criminal policy of the state and plays an important role in the prevention and fight against crime. The Criminal Code of the Socialist Republic of Vietnam (hereinafter referred to as the CC of SRV) provides for two systems of penalties: for individuals and commercial legal entities. The paper examines the system of punishments for individuals provided for by the CC of SRV of 2015 and its features when comparing the CC of SRV of 1985, 1999, and the Criminal Code of the Russian Federation. The purpose of the study is to point out the specifics of Vietnam’s criminal punishment system, its shortcomings and limitations, and to conduct an analysis of the content of punishments applied to individuals. The research methods used by the author include the comparative research method and the statistical method of data analysis. The author compares the provisions on punishment in the CC of SRV (1985, 1999, and 2015) to see the changes in the criminal legislation in general and the system of punishments in particular. The results of the research indicated by the author include the following main content: 1) the system of punishments for individuals is relatively diverse. The main punishments are arranged in a ladder of increasing severity; 2) the punishments applied to individuals specified in the CC of SRV of 2015 are more humane. This is reflected in a reduction in the number of crimes for which terms of deprivation, life imprisonment, and the death penalty are provided.

THE CONCEPT OF PUNISHMENT AND GENERAL PRINCIPLES OF INFLICTION OF PENALTY IN CRIMINAL LEGISLATION OF UZBEKISTAN

The article states that sentencing is the final stage of a crime, which can only be distinguished by the differences between the parties involved in the process. Also, issues related to the general principles of sentencing are presented on the basis of examples from the works of our ancient national scholars. Special attention was paid to examples of only one sentence for a crime committed in sentencing matters, and it was noted that according to the provisions of criminal law, each crime must require the application of only one main punishment, a special solution does not comply with the principles of humanity and justice. In addition, this article analyzes the general principles of sentencing, the theoretical views of scholars on the circumstances to be considered and mitigating circumstances in it, divided into four groups. At the same time, the issue of relevance of the norms of criminal law and mitigating circumstances in sentencing is analyzed on the basis of the Criminal Code of the Republic of Uzbekistan and the Plenum of the Supreme Court of the Republic of Uzbekistan "On the practice of sentencing by courts". appropriate proposals have been developed.

The transformation of carceral practices in Pennsylvania: from William Penn's Great Law to the Penitentiary House at Walnut Street Prison

The article analyzes the transformation of carceral practices in Pennsylvania (1682–1790) in the context of changes in criminal laws: from the formal consolidation in the Code of Laws of 1682 of reformatories with hard labor to the organization in Philadelphia in 1790 of the first penitentiary house with a regime of solitary confinement.
 It is defined that before the states gained independence, correctional houses, if they functioned in some cities, then as institutions of forced labor and the purpose of correction was not before them. The Revolutionary War for Independence had a decisive impact on the reform of the penal system, which resulted in the adoption of the state constitution, which contained a prescription to revise the penal system. The Criminal Law of 1786 established the main punishment for serious crimes as imprisonment combined with hard labour, but the regime of imprisonment did not change in any way, and public hard labour was recognized as ineffective.
 It is established that the main actors in the further search for a model of serving a sentence of imprisonment in Pennsylvania were members of the Philadelphia Society for Alleviating the Miseries of Public Prisons. The main steps of the reformers in 1788-1790 were aimed at introducing legislative changes in the field of execution of punishments with an emphasis on solitary confinement based on the practical experience of reformatories in England and prison theory. As a result of the Society's initiatives, in 1790, An Act to reform the penal laws of the state was adopted, in which the main elements of the sentencing regime were hard labor and unremitted solitude in order to correct criminals and prevent new crimes. For this purpose, it was prescribed to build a separate building with single cells in the yard of Walnut Street Prison for the detention of dangerous criminals. The law established a mechanism for control and supervision of the prison, as well as regulated the regime principles of serving the sentence, which were largely borrowed from the experience of English workhouses.

Analysis of some types of punishment in the context of changes to the Criminal Code of Ukraine

The article is devoted to the peculiarities of changes to the Penal Code of Ukraine, which are connected with some types of punishment.
 It was stated that from 24.02.2022 to 24.07.2022, 31 sanctions of the current criminal law were amended as a result of the adoption of 12 laws of Ukraine, which were concerned with the provisions of the Criminal Code of Ukraine. The most significant changes have been made to the sanctions, which provide punishment in the form of deprivation of the right to occupy certain positions or engage in certain activities, confiscation of property, deprivation of liberty, and life imprisonment.
 The article states that punishment in the form of deprivation of the right to occupy certain positions or engage in certain activities as the main punishment is provided in 2 sanctions, which is 6.45% of the total number of sanctions, which are supplemented with the provisions of the current Penal Code from 02.24.2022 to 07.01.2022 year, in the amount of 10 to 15 years; as an additional punishment, this type of punishment is prescribed in 12 sanctions, which is 38.7%, of which in 6 cases, the amount of this type of punishment is set from 10 to 15 years.
 It was defined that confiscation of property is prescribed as a mandatory additional punishment in 5 cases (16.13%), as an optional additional punishment in 10 cases (32.26%).
 It has been discovered that the Penal Code of Ukraine has introduced absolutely defined sanctions, which prescribe the punishment in the form of imprisonment for a term of 15 years. It is pointed out the correctness of the actions of the legislator about the inadmissibility of constructing the sanction as having no alternative, which is manifested in the introduction of an alternative type of punishment in the form of life imprisonment in the specified cases.
 A conclusion was made regarding the need to take into account the expressed proposals when improving the provisions of the current Criminal Code of Ukraine, namely: finalize the norms regarding the application of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities and bring the provisions of some criminal sanctions into compliance with the requirements of part 2 of Article 59 of the Criminal Code regarding the appointment of confiscation of property as an additional type of punishment.

Tinjauan Yuridis Sanksi Pidana Delik Perbuatan Cabul terhadap Anak dalam Undang-Undang Nomor 35 Tahun 2014 tentang Perlindungan Anak dan Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual

This study focuses on sexual crimes in the form of obscene acts against children. According to R. Soesilo, obscene acts are all acts that violate decency or decency, or can also constitute a heinous act that is included in the environment of sexual lust. The problem lies in the criminal sanctions regulated between the two regulations. Criminal sanctions regulated in the PA Law and the PKS Law have differences in terms of the length of the sentence, the amount of the fine, and others. Then there will also be a test of the PA Law and the TPKS Law against the theory of the purpose of punishment. The research method used is a normative research method, namely research conducted with reference to the principles, legal concepts, legal norms contained in the legislation. The results of this research are that in terms of the comparison of the length of imprisonment or the number of fines, the PA Law is more effective than the TPKS Law. There are also articles regulated in the PA Law that are not regulated in the TPKS Law, such as Articles 76D and 76E. In the article, it is more specific how to commit obscene acts, namely by means of "threats of violence and violence." Both the PA Law and the TPKS Law adhere to a combined theory. In the PA Law and the TPKS Law, the main punishments regulated are imprisonment, fines and payment of restitution to victims. If it is related to the combined theory, then the PA Law and the TPKS Law have fulfilled the purpose of the combined theory. However, in the TPKS Law, in addition to stipulating the main punishment, it also regulates additional crimes, namely revocation of child custody or revocation of guardianship, announcement of the identity of the perpetrator and/or confiscation of profits and/or assets obtained from criminal acts of sexual violence. With the provision of additional penalties in the TPKS Law, it can be seen that the types of criminal sanctions in the TPKS Law provide more complete understanding of the combined theory. So that it can be concluded that the TPKS Law in terms of types of criminal sanctions is more comprehensive in its arrangement.

Property Seizure Effectiveness in the Context of Official Statistics

In 2003, the legislator decided to exclude the seizure of property from the realm of criminal law, which scientists assessed rather critically. Almost two decades later, despite the problems in the field of combating acquisitive crime, there have been no adjustments to this decision in essence. The paper determines the preventive potential of property seizure as a measure of punishment (in the form in which it existed before the exclusion) based on the analysis of data from the Judicial Department under the Supreme Court of the Russian Federation for the period from 2004 to 2020. This data includes the number of those convicted of crimes subject to seizure until 2003, as well as the proportion of convicts on these offenses in comparison with the bodies of crimes without classifying elements. The study resulted in that the hypothesis that property seizure, as an independent type of punishment, was effective, its abolition led to a significant loss of the preventive potential of the sanction, and imposition of a punishment that did not correspond to the nature and degree of social danger did not find its confirmation. Consequently, the argument that property seizure had a significant preventive potential that was lost after the 2003 legislative adjustment, at least in relation to crimes against property and banditry, is quite debatable. The effectiveness of this measure of punishment was significantly reduced by its additional and optional nature. It seems justified to correct the criminal law in terms of the introduction of imprisonment as the main punishment for bribery.