Problem Of Criminal Liability Research Articles

Criminal law novel about justifying the armed aggression of the russian federation against Ukraine (article 436-2 of the Criminal Code of Ukraine): law enforcement and law-making problems

Purpose. Critical reflection on the criminal law novel provided for by Art. 436-2 of the Criminal Code of Ukraine, the results of which should be: firstly, recommendations are proposed for resolving those debatable issues, the presence of which can cause the greatest difficulties in the law enforcement process; secondly, the shortcomings inherent in the analyzed norm were identified and proposals were made for their elimination. To achieve the declared goals, a methodology was chosen, the tools of which made it possible to objectively investigate the decision of the legislator under consideration. Philosophical, general scientific and specifically scientific methods were used to cover the relevant issues. In particular, the method of system-structural analysis was used both in the study of the links of the criminal law prohibition under consideration with the legal system of Ukraine as a whole, and with other norms and institutions of the General and Special Parts of the Criminal Code of Ukraine. The author used the formal-logical (dogmatic) method in interpreting the relevant norms of the Criminal Code of Ukraine. Based on the results of writing the article, recommendations were formulated aimed at improving the criminal legislation and optimizing law enforcement practice. The scientific novelty lies in the fact that the study made it possible to formulate specific recommendations for resolving conflicts between Part 1 of Art. 111-1 and Art. 436-2 of the Criminal Code of Ukraine, as well as for the first time to voice proposals to improve the structure of Art. 436-2 of the Criminal Code of Ukraine. Practical significance. The conclusions and suggestions formulated in the article can be used in rule-making activities to improve the criminal legislation of Ukraine on countering the crimes under study, as well as in research activities and the educational process - as the basis for further scientific research on the problems of criminal liability for the commission of criminal offenses under consideration.

FEATURES OF THE QUALIFICATION AND FACT OF PROOF IN THE VIOLATION OF TRAFFIC RULES AND OPERATION OF VEHICLES USING ARTIFICIAL INTELLIGENCE SYSTEMS

The article addresses the problem of criminal liability for harm caused by the use of artificial intelligence in unmanned driving of a motor vehicle and related criminal, criminal procedure and forensic problems, it proposes the author's approaches to their solution. The purpose of the article is to establish the features of the qualification, fact of proof and forensic character of the offences in relation to traffic violations and the operation of vehicles in unmanned control using artificial intelligence. Methods: the author uses dialectical, formal methods, as well as specific scientific methods of criminal law, criminal procedure, administrative law, forensic theory in connection with the specificity of their sectoral content in violation of traffic rules and operation of vehicles using artificial intelligence systems. Results: It is substantiated that when collecting the evidence base on the fact of proof, the principal element of the nature of the crime, such as a method of committing a crime (unmanned driving), is central to the forensics process. The characteristics of the crime committed will determine the other elements of the crime (components).

Потенциал уголовного законодательства в сфере противодействия преступлениям, связанным с криптовалютой

The study of certain indicators of modern crime related to the use of information and telecommunication technologies allows us to state a steady growth of cryptocurrencies both globally and in Russia. In the Russian Federation a legal and regulatory framework for the regulation of digital rights is actively forming, but the criminal law means, which are important for the prevention of cryptocrime, need to be adjusted, because in light of the emerging trend of commercialization and informatization of crime, primarily – transnational organized crime – the areas of criminal use of digital currency are constantly expanding. The article provides analytical data of companies conducting research in the field of cryptocurrency and blockchain, analyzes the areas of criminal use of cryptocurrency, provides an overview of existing criminal law means of combating these crimes, considers the problems of criminal liability for such crimes related to cryptocurrency as legalization (laundering) of money or other property acquired by a person as a result of his crime or acquired by other persons by criminal means; stealing and expropriation of funds or other property. On the basis of a comprehensive analysis of individual features of these corpus delicti the authors formulate possible options to improve the criminal law means of combating the use of cryptocurrency for criminal purposes.

Understanding Exemption from Criminal Liability through the Prism of Social Justice

In the article the author investigates features of philosophical and legal preconditions of exemption from criminal liability. The author defines that the problems of criminal liability and exemption from it is one of the central and at the same time the most complex institutions of criminal law. The author argues that the pre-revolutionary period was characterized by a significant number of circumstances that exempted from criminal liability, due to the consequences of political, economic and social transformations in the world, the rise of human will and importance, its capabilities for the state. The author emphasizes that when resorting to the term «criminal liability», the domestic legislator means, first of all, the imposition on the person who committed the crime, the burden of coercive measures of punitive content. The author argues that it is expedient to consider criminal liability in a positive sense, as the obligation of a criminally responsible entity not to commit violations of the prohibitions established by the Criminal Code. That is, criminal liability, in the first place, should serve as a warning aimed at the person who intends to commit the crime. The author argues that if a person did not have the conditions for normal life and development for social reasons, then society and the state have no right to blame him only because they initially undertook to give him such conditions. The author argues that in a state governed by the rule of law, when addressing the implementation of criminal liability, special attention is paid to the intersectoral institution of exemption from criminal liability as a compromise in restoring social justice and encouraging law-abiding behavior. The author states that the unconditional nature of exemption from criminal liability undermines the essence of the institution of criminal liability in general, as exemption from criminal liability is carried out on non-rehabilitative grounds. In this regard, the released person who has committed a crime must, in order to maintain a balance of social justice, feel in some way the influence of the state in order to realize his guilt and really take the path of correction. The author proposes to apply such restrictions to the social balance of such a person as strengthening the supervision of law enforcement agencies, restrictions on certain rights.

Violation of the order of operations with scrap metal: problems of criminal liability

The article is focused on finding out the consequences of legislative reforms in the investigated sphere and reviewing the problematic issues of prosecution for violations of the procedure for the implementation of operations with scrap metal. The composition of the criminal offense provided in Article 213 of the Criminal Code of Ukraine was investigated, and significant limitations of the current version of the aforecited article were identified. The problem of inconsistency of criminal and economic legislation in this area has been highlighted. The article examines the economic and legal parameters of legal transactions with scrap metal. Also, the article draws attention to the fact that the distinctive feature of Article 213 of the Criminal Code is a referential nature of the disposition since the very procedure for the execution of scrap transactions is regulated by some normative legal acts of economic legislation. The judicial practice of prosecution for violation of the procedure for carrying out operations with scrap metal has been investigated, and ways of modernization and improvement of the current legislation in the investigated sphere have been suggested. The article is examining the practice of imposing punishment for violation of the order of operations with scrap metal. The author has proved that in the vast majority of cases, the consequences of the investigated crime are expressed in the form of law abuse by law enforcement agencies, corruption components, and unlawful (non-law-based/not based on law) sentencing. The article concluded that the legislator has to revise and change the approach to criminal liability for violations of the operation of scrap metal transactions given the current trends of deregulation policy in the field of economic activity, and courts must ensure compliance with the general principles of criminal proceedings and adopt legitimate, substantiated and motivated verdicts. Conclusions and recommendations are based on the study of normative legal acts and the analysis of judicial practice in this area.

Pertanggungjawaban Pidana Terhadap Korporasi di Indonesia

Criminal liability against corporations in Indonesia is still ambiguous, because the Criminal Code cannot capture corporations as legal subjects who can be convicted, because it still adheres to the principle of the subject of law is only natural man. Some laws and regulations outside the Criminal Code have begun to deviate from the general principle, by trying to put corporations as the subject of criminal law and the problem of criminal liability. In the ius constituendum perspective the subject of corporate crime and criminal liability has been formulated explicitly and in detail in the draft draft Criminal Code 2006, Article 44 to Article 50. Thus in principle the corporation has been accepted as a legal subject in criminal law, so that the corporation can be prosecuted and sentenced criminal. The acceptance of the principle which deviates from the principle of error is not contrary to the philosophy of the Pancasila. In other words, the deviation of the principle of error has juridical, sociological, and philosophical relevance.

PERTANGGUNGJAWABAN PIDANA TERHADAP KORPORASI DI INDONESIA

<em>Criminal liability against corporations in Indonesia is still ambiguous, because the Criminal Code cannot capture corporations as legal subjects who can be convicted, because it still adheres to the principle of the subject of law is only natural man. Some laws and regulations outside the Criminal Code have begun to deviate from the general principle, by trying to put corporations as the subject of criminal law and the problem of criminal liability. In the ius constituendum perspective the subject of corporate crime and criminal liability has been formulated explicitly and in detail in the draft draft Criminal Code 2006, Article 44 to Article 50. Thus in principle the corporation has been accepted as a legal subject in criminal law, so that the corporation can be prosecuted and sentenced criminal. The acceptance of the principle which deviates from the principle of error is not contrary to the philosophy of the Pancasila. In other words, the deviation of the principle of error has juridical, sociological, and philosophical relevance.</em>

До проблеми кримінальної відповідальності за жорстоке поводження з тваринами

До проблеми кримінальної відповідальності за жорстоке поводження з тваринами

Проблемы уголовной ответственности за террористический акт

Проблемы уголовной ответственности за террористический акт

Преднамеренное и фиктивное банкротство: актуальные проблемы уголовной ответственности

Преднамеренное и фиктивное банкротство: актуальные проблемы уголовной ответственности

Pioneers in the Study of Crowds in Foreign Psychology: Scipio Sighele and Henry Fournial

Introduction. By the end of the 19th century the society had to adapt to new threats—namely, increasing the number and activity of the proletariat masses and spreading socialist and anarchist ideas. Many researchers concentrated their study on characteristics of crowds. Scipio Sighele and Henry Fournial have been pioneers in this field.
 Theoretical Basis. The paper describes two concepts which provided a starting point for studying crowds in foreign psychology. The main issues considered by Scipio Sighele and Henry Fournial were as follows: characteristics of the crowd as a social institution, its properties, activization factors, characteristics of leaders, personality changes within crowds, and the problem of criminal liability for mass crimes. The paper presents an innovative view of (a) the origin of excessive generalization of the crowd concept, (b) its uncritical acceptance in defining a number of social organizations, (c) and wrongful attributing characteristics of individual women to the crowd as the subject of mass action.
 Results. The revealed tendencies and a clearly distorted perception of crowds among representatives of the anthropological and criminalistic approach determined the critical attitude towards new science of temporary social groups.
 Discussion. A distinct trend towards isolated cognitive constructs and almost complete disregard for the study of the past contribute to a distorted understanding of the phenomenon of crowds in modern social psychology of spontaneous groups. The ideas of researchers of the past seem to be a necessary precondition for developing a holistic approach to this problem.
 Highlights
 
 Sighele and H. Fournial created the background for scientific understanding of the phenomenon of crowds until the mid 20th century; they considered the characteristics of the crowd as a social institution, its properties, activization factors, characteristics of leaders, personality changes within crowds, the problem of criminal responsibility for mass crimes.
 Methodological weaknesses in S. Sighele’s and H. Fournial’s studies included: (a) attributing negative traits of criminal crowds to other crowd types, (b) attributing a reduced intellectual potential to any meeting, and (c) attributing characteristics of women in the crowd to the crowd as the subject of mass action.
 The heritage of S. Sighele, H. Fournial, and other researchers of the initial period can help in overcoming excessive individualism and rationalism in modern crowd psychology.
 

Delirium, hallucinations and criminal liability

IntroductionThe relationship between psychotic motivation and the genesis of medico-legal acts is well documented in the literature. Delirium and hallucinations, in particular, have been widely reported in this context.ObjectiveThe aim was to identify socio-demographic, clinical, and criminological profile of patients hospitalized for forensic acts committed in psychotic context.MethodsWe conducted a descriptive retrospective study, including 7 patients committing a forensic act in psychotic context, selected among all patients hospitalized after a judgement of dismissal (Tunisian law), in psychiatry department, Hedi Chaker university hospital, Sfax, Tunisia. Socio-demographic and clinical data were collected through patients’ observations.ResultsThe mean age was 37.7 years. Sex-ratio (M/F) was 6. The criminological act was an attack in 57.1% and homicide in 42.9% of cases. It was committed on the outside in 42.9% of cases. The tool was a bladed weapon in all cases. The victim was a family member in 71.4% of cases. The context was a delirium in 71.4% (theme: 80% persecution, 20% jealousy; mechanism: 40% hallucinatory, 60% interpretative) and hallucinations in 42.9% of cases. Among our patients, 57.1% were indifferent and 28.6% regretted the act. Psychiatric diagnosis was: schizophrenia 57.1%; delusional disorder 28.5% and brief psychotic disorder 14.2%. Personality disorder was reported in 28.6% of patients.ConclusionThe acting out in a psychotic moment in patients with mental illness remains the most formidable event, causing sometimes the problem of criminal liability. Control of attendance at psychotherapy and psychotropic treatment are preventive and curative necessary measures to avoid crossing the dangerous acts.Disclosure of interestThe authors have not supplied their declaration of competing interest.