Criminal Law Provisions Research Articles

Indian Criminal Reformation: A critical analysis

The Criminal Justice System represents the cutting edge of governance. Towering over society, it parades an array of institutions, processes, people, and penalties to reinforce its images. This array includes policemen in uniform, constables with batons or lathis, the police station, courts, jail, bail, sentence, prisons, imprisonment, death row, the gallows, hanging and death. Each of these institutions and processes is part of the Criminal Justice System and yet partly autonomous within it. But a matter of great concern is that there arise multiple questions about whether these institutions are working/functioning properly within their ambit or not. Is there lack of implementation of provisions of criminal law by the enforcing agencies? Whether the recommendations of law commissions are adequately implemented? Whether the Malimath Committee’s Report on Criminal Law Reforms are being adequately addressed and enforced. Is adversarial system of criminal justice in India suitable in the present-day context, or it is high time to accept few principles of inquisitorial system of justice as it is prevailing in common law countries. With these few questions, in the present paper, the researchers have made an attempt to introduce our criminal justice system. The researchers further focuses on reforms recommended by the Law Commission. Finally, the researchers have suggested some important changes/modifications required in the prevailing criminal justice system in India to make it more streamlined and strengthened.1

FORFEITURE IN POLISH CRIMINAL LAW AND THE CONSTITUTIONAL PROTECTION OF PROPERTY SELECTED ISSUES

The article contains selected issues concerning the institution of forfeiture in Polish criminal law and its compatibility with the constitutional protection of property. The nature of compensatory measures as a special type of criminal measures is discussed. The above-mentioned issues remain a prelude to those discussed in the following parts of this article and form the foundation of the conclusions, providing a view of the legal order with the historical context and references to constitutional law. The institution of forfeiture is also discussed along with showing the characteristics of corporate forfeiture. Analysing the institution of forfeiture in the Polish criminal law, the prerequisites of its adjudication provided by the legislator in the penal code in force have been indicated. Selected issues concerning the consequences of imposing the forfeiture on the basis of legal regulations and doctrine are also presented. The culmination of considerations undertaken in this article is the juxtaposition of the institution of forfeiture with the provisions concerning the constitutional protection of the right to property. The comments from the doctrine and jurisprudence on the nature of this right, as well as the conclusions, inferences and arguments confirming the fulfilment of the aim of this article are included here. An assessment of the compliance of the substantive criminal law provisions concerning the adjudication of forfeiture with the provisions of the Constitution of the Republic of Poland relating to the protection of the right to property has been indicated, as well as conclusions concerning the intention and expected effectiveness of the institution of forfeiture by the legislator. The article has been developed through the use of the historical-legal and dogmatic-legal method. The aim of this article is to present the discussed measure of criminal reaction in Polish criminal law juxtaposing this issue to the essence of the right to property and its constitutional protection. The existence of the institution of forfeiture is significant in terms of both substantive and procedural criminal law. The present considerations lead to an answer to the question whether the current provisions on forfeiture do not constitute a violation of the constitutional right to property and whether they are compatible with it.

Specific practice of application of the criminal law provisions establishing liability for bribery of an employee of an enterprise institution or organization

The article, resting upon the data of official statistics, examines the practice of application of the criminal law provisions which establish liability for bribing an employee of an enterprise, institution, or organization.Quantitative indicators of this crime category are calculated, particularly, their rate (336 crimes) and the av- erage annual number (34 crimes). The main trends and periods of reproduction of the crimes under study are determined: the first period (2013–2019) is characterized by a stable upward trend from the minimum initial number of 16 crimes (2013) to the maximum number of 67 crimes (2019); the second period (2020–2022) is notable for a sharply decreased number of recorded crimes and a relative stabilization of the relevant indica- tors at the level of average numbers for the whole period under study.The practical application of Part 5 of Art. 354 of the Criminal Code of Ukraine, which describes one of the special releases of a person from criminal liability provided for in the Criminal Code, is an isolated instance and has no noticeable anti-corruption influence on the area of legal relations under study.The article determines the main quantitative indicators which reflect the imposition of criminal liability and punishment on the persons who offer an illegal benefit, as well as on those who receive it. Their ratio is 30% to 70%, respectively. The author arrives at the conclusion about defectiveness of the construction of the sanctions established under Parts 1–4 of Art. 354 of the Criminal Code of Ukraine and suggests that their optionality be limited to three main types of punishments, and this is reasoned, in particular, by the specifics of the actual criminalization of the crime under study. The author established that a fine was the predominant type of punishment (90% of those convicted). It is noted that release from punishment was very rarely (3.4%) applied to those convicted under Art. 354 of the Criminal Code of Ukraine, and this makes this category of cases significantly different from others which have the corresponding share reaching a half of the total number of convicts.Given the social and role characteristics of the convicts most of whom are engaged in the fields of med- icine and education, the author suggests that deprivation of the right to hold certain positions or practice certain professions be included in the sanctions under the relevant provisions as an additional punishment.

Public official as a victim of criminal assault: comparative approach

This research paper aims to analyze criminal liability for assaulting law enforcement agents in different jurisdictions. A comparative approach is used to examine relevant criminal law provisions of several countries, including the United States, England, Germany, Canada, and Ukraine. The methodology combines statistical methods and comparative research to provide a detailed and comprehensive analysis. The most important findings indicate that some countries protect both public officials and law enforcement agents from illegal attacks, while others have a special liability regime for assaulting or threatening police officers only. In particular, it is argued that the Ukrainian approach is more balanced compared to other jurisdictions. Overall, the document provides a complete and detailed insight into criminal liability for assaulting law enforcement agents in various parts of the world.

Использование сети Интернет как обстоятельство, отягчающее наказание: цивилизационная трансформация или предрассудки прошлого?

Introduction. The paper discusses the current problems of modern criminal law concerning the introduction of some qualifying features that establish a special way of committing a crime on the Internet. The proposals aimed at introducing a new aggravating circumstance into Part 1 of Article 63 of the Criminal Code of the Russian Federation are substantiated: “the commission of a crime using information and telecommunication networks, including the Internet.” In this regard, the purpose of the study is the analysis of the impact of information technology on the stability of the development of society through the establishment of criminal law prohibitions. The question is raised about the goals and objectives of introducing new provisions of criminal law establishing enhanced criminal liability for crimes on the Internet. Methods. Using the comparative legal method of scientific research as the main one, the authors trace the development of theoretical and legislative ideas about the impact of information technologies on public relations, analyze controversial issues of modern criminal law science, clarify and correct previously formed positions on the need to introduce new elements of crime. Results. Based on the conducted research, the opinion is substantiated about the absence of a systematic approach in the formation of the norms of Articles 110 of the Criminal Code of the Russian Federation, 1281 of the Criminal Code of the Russian Federation, and 133 of the Criminal Code of the Russian Federation, taking into account the interpretation of the norms of the criminal law proposed by the authors. Conclusions. It is advisable to amend the Criminal Code of the Russian Federation by excluding the feature “using information and telecommunications networks, including the Internet” from the Special Part. In addition, to eliminate the contradictions caused by the provisions under consideration, Part 1 of Article 63 of the Criminal Code of the Russian Federation should be supplemented with “the use of information and telecommunication networks, including the Internet.” The authors conclude that the new sign of crime slows down the civilizational transformation of criminal law norms, which does not allow timely responses to the challenges of modern reality.

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.

KILKA UWAG NA TEMAT JĘZYKA USTAWY KARNEJ

The study concerns the linguistic form in which the elements of an action are captured in the process of criminalization. One of the problems raised in this context is the use of colloquial language and the degree to which this way of formulating elements of crimes ensures the clarity of the description of prohibited acts. This is particularly important for the implementation of the guarantee function of criminal law. The author attempts to define a legislative technique that would ensure the protection of individuals against arbitrary interpretation of the provisions of criminal law.

Anabolic-androgenic steroids: Considerations for forensic psychiatry, sports psychiatry, and the law

Anabolic-androgenic steroids: Considerations for forensic psychiatry, sports psychiatry, and the law

THE EXISTENCE OF CRIMINAL LAW IN NATIONAL CRIMINAL LAW REFORM

The problem of reforming criminal law is one of the impo important issues that need in all its aspects in connection with efforts to reform criminal law in our country. It is said to be important and even the most important because legal experts often interpret criminal law as a double-edged sword. On the one hand, it is a law to protect society from the threat of crime, but on the other hand, there are times, there are times when human rights temporarily or permanently deprive a person of liberty. Criminal law reform has existed since 1946 with the issuance of Law Number 1 of 1946 concerning criminal law regulations. Criminal law reform as part of criminal politics is in place, and it is time to implement it. This is mainly related to the provisions of the old criminal law, which are regulated in the criminal law code as an "umbrella act" or an umbrella law of a general nature. This law will also affect the formulation of special criminal laws, following the legal needs of society in this era of independence and openness in the 21st century. Based on the description of the background, the formulation of the problem that will be presented is as follows: Why is the renewal of the national criminal law important? How is the formation of criminal law reform in the national Criminal Code Bill? Based on these problems, the discussion is as follows: The existence of the new Criminal Code has become important which is sourced, characterized, rooted, and has a national character following the contents of Pancasila and the 1945 Constitution, is now very urgent to be realized to replace the old Criminal Code which is a legacy of the Dutch colonial and is no longer compatible with developments. Social, cultural, economic, political, and technological conditions in an atmosphere of independent Indonesia and only undergoing reform in the 21st century. The establishment of the new Criminal Code is a reflection of the government's serious efforts in enforcing criminal laws that are more humane and fair for all levels of society in this reform era. . It would be strange if the Netherlands, WvS had long been revised and not enforced, would continue to apply as a colonial legacy, because of the inability of this nation to create a new national criminal law.

Preventive criminalization: legislation and issues in China

ABSTRACT Preventive criminalization is one of the most noteworthy legislative phenomena in China, exhibiting structural differences from the basic principles of criminalization and the traditional risk prevention function of criminal law, focusing mainly on the areas of counterterrorism and cybercrime. The advancement of the criminal law defense against new types of crime is necessary, but there is also an implied risk of expanding and blurring the boundaries of criminal law intervention. The trend towards preventive criminalization is inevitable in our country, guided by a positive view of criminal law. The addition of preventive criminal law provisions in future legislation should reasonably balance the relationship between social protection and civil rights, avoiding excessive intervention of criminal law on the grounds of prevention.

Реализация юридических принципов, определяющих действие уголовного закона в пространстве

The article studies the implementation of legal principles that determine territorial applicability of criminal law in Russia with the focus on the penal provisions that regulate the territorial applicability of the Criminal Code of the Russian Federation. Drawing on the information base, results obtained by Russian researchers, the representative base of investigative practice and using comparative legal, formal logical, and content analysis, the author analyses practices of implementation of the penal provisions specified in Art. 11-12 of the Criminal Code of the Russian Federation to show the relationship between penal provisions and the principles that determine their territiral applicability. He concludes that the territorial principles of criminal law and penal provisions specified in Art. 11-12 of the Criminal Code of the Russian Federation are correlated in the process of law enforcement by Russian state bodies.

Уголовная ответственность за преступления, совершаемые с особой жестокостью и путем жестокого обращения: вопросы квалификации

Addressing the issues of classification of crimes committed with extreme brutality and through abusive treatment is caused, firstly, by the amendments to the criminal law provision on torture in 2022 – the introduction of the “extreme brutality” qualifying factor and the removal of the note with the concept of torture. The second cause is the trend in criminal policy observed in 2022–2023 – strengthening and extension of responsibility for crimes related to the special military operation. The paper deals with the analysis of signs of extreme brutality and abusive treatment contained in some articles of the Criminal Code of the Russian Federation (the RF Criminal Code). The author lays main emphasis on determining the essence of extreme brutality as a novelty of Art. 117 of the RF Criminal Code and abusive treatment in the construction of part 1 of Art. 356 of the RF Criminal Code. As a result of studying scientific publications, guiding explanations of the resolution of the Plenum of the RF Armed Forces and judicial practice materials, it is concluded that “extreme brutality” and “torture” are unequal concepts; they are correlated as a whole and a part. In turn, the terms “abusive treatment” and “extreme brutality” are not identical. In some crimes (part 1 of Art. 356 of the RF Criminal Code), the first term covers the second one, and in others (Art. 245 of the RF Criminal Code), extreme brutality is differentiated from the abusive treatment content. To clarify the concept of extreme brutality, the author proposes to amend the existing resolution of the Plenum of the RF Armed Forces dated December 4, 2014 No. 16 and adopt a new resolution. The paper justifies the need to tighten responsibility for committing a crime under part 1 of Art. 356 of the RF Criminal Code.

Sports Aggression and Injury: Incorporating The Criminal Justice System into the Sports Industry

Current trends suggest that playing professional sports poses a considerable risk of injury, especially if driven by aggressive tactical advances. The lack of definite game rules that penalise athletes who inflict harm and cause severe injuries to their opponents suggests the need for harmonisation with the national criminal justice system. It is timely for sports policymakers to look at this issue through the lens of economics (sports industry) as well as law—a process that requires them devise penalty designs for specific acts of sports aggression. This article examines the Malaysian criminal law standards in protecting the interest of the sports industry. Through a qualitative method and doctrinal content analysis, the issues of criminalisation of acts in sports and the qualification of sports violence as a crime are analysed. The approach is to evaluate the specific role of criminal law provision (on criminals and victims in sports) in professional sports and at all levels of sports activities involving aggression and injury. Given that the Malaysian sports industry is continuously evolving and associated with many aggressive sports, it is in the best interest of the relevant sports organisations and organisers to minimise injury rates and overly violent play. This article considers the characteristics of the generic and specific objects of criminal legal justice in the context of the Penal Code, which must correspond to the degree of encroachment danger in the sporting setting, based on the conceptual rules relating to the sports industry’s significant activities.

ІМПЛЕМЕНТАЦІЯ МІЖНАРОДНО-ПРАВОВИХ НОРМ ЩОДО ПРОТИДІЇ ТЕРОРИЗМУ В КК УКРАЇНИ

The law implementation provision issues of international criminal law in the criminal law of Ukraine are considered. Implementation’s particularity of the international legal norms in respect of combating terrorism in the Criminal Law of Ukraine was studied. Proposals for Criminal Law of Ukraine related to the ratification of the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism are analyzed. Improvements to existing Ukrainian criminal law are highlighted. It is concluded that availability of a number of criminal law provisions contains blanket dispositions which aimed to give a perception to the content of criminal breaches components referring to other legal acts (in particular, international treaties, conventions, acts of other sectoral legislation), which, in turn, explicate an essence of prohibitive provisions. In such cases, an appliance of international legal laws is eventual. It is defined that compliance with international obligations in national legislation relating to the ratification of the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism is quite possible not only by criminalizing certain unlawful acts in the Criminal Code of Ukraine, but also through the keeping already available composition including committing offenses recommended by an international act. Herein, an internal legislator should retain the possibility of certain variability in choosing the form of implementation of international legal norms criminal legislation, taking into account the publicity of the relevant field and, above all, the preservation of sovereignty and national interests in the field. Basically, the carried out research demonstrates the complicity of regulating the implementation of international criminal law into national legislation requiring a comprehensive analysis of international legislation that should be preceded by integration into the Criminal Code of Ukraine, and requires the consideration of the interests of all parties of the international agreements.

Экстраординарный порядок введения в действие положений уголовного закона

The article highlights an important part of the criminal law policy of the state - the introduction of criminal law provisions. The subject of the study is the procedure for enacting federal laws that change the provisions of the criminal code. The author points out the dependence of the effectiveness of criminal law regulation on preparatory activities aimed at bringing the provisions of the Criminal Code of the Russian Federation to actual implementation. The article provides a classification of ordinary and extraordinary procedures for introducing federal laws that change the provisions of the criminal code.

JAZO TAYINLASH UMUMIY ASOSLARINING NAZARIY TAHLILI

This article notes that the appointment of punishment is the final stage of the crime committed, which can only be distinguished by the differences between the parties involved in this process. Also, issues related to the general foundations of the imposition of punishment are indicated on the basis of examples from the works of our ancient national scientists. Particular attention was paid to examples of the appointment of only one punishment for a crime committed in matters related to the appointment of punishment, and it was noted that in accordance with the provisions of criminal law, each crime is obliged to require the application of only one basic punishment, the special resolution of this issue does not coincide with the principles. In addition, this article analyzes the general foundations of the imposition of punishment, and the theoretical views of foreign and national scientists on the circumstances to be taken into account in it. It is emphasized that the general basis for the appointment of punishment is the requirements of criminal law, which must be taken into account when applying coercive measures by the court. This article states the need to improve the norms of the general principles of sentencing, as evidenced by the materials of judicial practice and the need for a theoretical analysis of the general principles of sentencing today and the improvement of the norms of criminal law.

Prawnokarna ochrona drzew

Penal law protection of trees The article presents criminal law provisions that penalize the destruction or damage of trees. Only some of them protect trees as an essential element of nature. Other provisions primarily protect property, which includes trees as part of real estate. The analysis carried out in the study found that the legal protection of trees largely depends on the location where the tree grows. Some regulations apply to trees growing in forests, others to trees located in protected areas such as national parks, and others to trees located, for example, along the roadside. The study also presents the problem of the classification of a certain factual state and the conjunction of regulations. In many cases, the classification as a crime or a misdemeanor will be determined by whether a specific behavior resulted in substantial damage, which is an evaluative criterion. Also addressed is the problem of wobbler offenses, including the difficulty of determining the value of stolen timber or the amount of damage when a tree is destroyed or damaged.

Историко-правовой анализ уголовно-процессуальных норм института приостановления производства по уголовному делу

In this study a historical and legal analysis of the norms governing the procedure for the suspension of proceedings in a criminal case, starting from 1864, is carried out. We have analyzed the period of origin, formation and development of the institution of suspension of proceedings in a criminal case in Russia. Based on the results of this study, it was possible to determine the stages of its development, form the main provisions for improvement and compare with the current provisions of the modern criminal procedure law. In addition, it was possible to draw conclusions regarding the effectiveness of certain provisions of Russian legislation at different historical periods of the formation of the institution of suspension of proceedings. Also, attention is focused on some conflicts that are relevant for the modern institution of suspension of proceedings.

Problems of regulating liability for criminal offences against the life and health of a person committed in the sphere of healthcare

The Criminal Code of Ukraine provides for several special provisions on liability for violations against human life and health committed in the healthcare sphere, the application of which gives rise to many difficulties and law enforcement errors. However, the lack of consistency of such provisions establishes risks of non-compliance with the principle of fairness in bringing a person to criminal liability and imposing punishment. The purpose of the research is to identify the most optimal solution to the problem of legislative regulation of liability for causing harm or establishing a threat of harm in the healthcare sphere. The key research method is a logical and legal study of the Ukrainian criminal law provisions related to liability for healthcare offences. Based on the results of the study, it is proposed to construct Articles 134, 139, 140, 142 and 143 of the Criminal Code of Ukraine according to the same scheme: in the third part of Article 134 and the first parts of the rest of these provisions, criminal liability for the acts provided for therein should be linked to the establishment of a danger to the patient’s life or the threat of causing serious bodily harm; in the following parts of these provisions, to provide for the rules on qualified criminal offences under the scheme “the same act if it caused moderate or serious bodily harm”, and the rules on particularly qualified criminal offences under the scheme “the same act if it caused the death of the patient”. Based on the current sanctions of these provisions, and the sanctions of the general provisions on criminal liability for negligent infliction of bodily harm, the author proposes typical penalty limits for the proposed provisions. The author substantiates the expediency of excluding Articles 132, 141 and 145 of the Criminal Code of Ukraine. The conclusions drawn within the framework of this research can be used in lawmaking activities to develop amendments to the Criminal Code of Ukraine, and in law enforcement activities to qualify criminal offences committed in the healthcare sphere.

Liability for assistance to aggressor state: issues of qualification and improvement of criminal law

From the moment of the open attack by the Russian Federation, the issues of criminal law response to encroachments on the foundations of Ukraine’s national security, which have not been resolved since the beginning of the war in 2014, have reemerged. Among the most urgent was the question of whether provisions of criminal law in force as of February 24, 2022 ensured the possibility of providing a proper assessment of the actions of persons who in various forms assist the aggressor state. The first decision made in order to solve this issue was the introduction of Article 111-1 “Collaborative activity” to the Criminal Code of Ukraine. Due to the belief of the People’s Deputies of Ukraine in the inadequacy of such a legislative step, another criminal law prohibition has appeared – Art. 111-2 “Assistance to the aggressor state”.
 The purpose of the research is in critical understanding of the debatable aspects of the criminal law novel about aiding the aggressor state, based on the results of which scientifically based recommendations should be developed in order to improve relevant provisions of the current criminal law and practice of its application.
 It has been proven that, despite the noble intentions of the parliamentarians, the inclusion of Art. 111-2 “Assistance to the aggressor state” has increased both the conflicting nature of the domestic criminal law and the legal uncertainty partially inherent in it, and also forces us to once again talk about excessive criminalization. Among the achievements of the legislative work related to the construction of the criminal law prohibition dedicated to aiding the aggressor state, one can only include the non-use in the current wording of Art. 111-2 of the Criminal Code of unjustifiably abstract phrases “other voluntary interaction with representatives of the aggressor state” and “any cooperation with representatives of the aggressor state”.
 Based on the example of criminal law assessment of such manifestations of assistance to the aggressor state, such as the transfer of material resources to the armed formations of the aggressor state and the implementation or support of the decisions and / or actions of the aggressor state, armed formations and / or the occupation administration of the aggressor state, the problematic nature of differing analyzed crime from collaborative activity, treason and justification, recognition as legitimate, denial of armed aggression of the Russian Federation against Ukraine, glorification of its participants has been demonstrated. The problem, which has risen as a result of the partially inappropriate duplication of legislative material, is proposed to be solved in one of three ways to optimize the articles of the Criminal Code on liability for treason, collaborative activity and assistance to the aggressor state.