Penalties For Offences Research Articles

CERTAIN ASPECTS OF LESSER PUNISHMENTS IN THE CRIMINAL LAW OF THE REPUBLIC OF UZBEKISTAN

The sanction specifies a certain kind of punishment for offences. Meanwhile, the Criminal Code provides for "Lesser punishment" when conditions exist that significantly lower the degree of social danger associated with the offense, in accordance with the principle of humanism in our legal system. This rule, which is a clear illustration of the humanitarian concept, is found in many countries' criminal codes. The unique characteristics of imposing a reduced sentence are explained thoroughly in the article.

An exploratory examination of attitudes toward illegal abortion in the U.S. through endorsement of various punishments

ObjectivesWe examined people's (1) attitudes about abortion using an item from Pew Research Center (i.e., whether abortion should be legal in all cases, legal in most cases, illegal in most cases, or illegal in all cases) and (2) support for different punishments if abortion were illegal in all cases for different people involved in the abortion–the pregnant person, their partner, an informant and the healthcare provider. Study designWe administered a web-based survey to 2,204 U.S. adults using quota-based sampling. Post-stratification weights were applied to the data so that the sample was comparable to U.S. benchmarks for gender, race, Hispanic ethnicity, age, education, and political affiliation. We compared endorsement of various punishments for a pregnant person, their partner, informant, and healthcare provider. Additionally, we compared the endorsement of these punishments across response options of Pew's abortion legality item. ResultsOverall, most of our sample indicated that abortion should be legal in most (34%) or legal in all scenarios (21%). However, if abortion were illegal in all circumstances, most of our sample supported some form of punishment for the pregnant person (72%−75%), their partner (65%−68%), and healthcare providers (70%−71%), but not informants (47%−49%). Among the endorsed punishments, therapy/education typically received the most support. ConclusionsBecause of the Dobbs v. Jackson Women's Health Organization decision and the subsequent overturning of Roe v. Wade, abortion is illegal in a significant number of states and a punishable offense. Our findings suggest that current punishments associated with many of these laws are counter to public sentiment. ImplicationsDespite majority support for some punishment, the categories of “no punishment” or therapy/education had the most support. Given the lack of plurality or majority support for fines or incarceration, abortion laws including these punishments, including bounty-style laws passed in Texas and Oklahoma, may be out of step with public opinion.

Comparative Study of Section (302) of PPC With Sections (6,7) Of Anti-Terrorism Act 1997 With Relevant Shahzaib Murder Case

The punishment for murder and terrorism offences are addressed in Section 302 of the Pakistan Penal Code (PPC) and Sections 6 and 7 of the Anti-Terrorism Act (ATA) of 1997, respectively. The defendant in the Shahzeb Khan murder case was initially found guilty and given a death sentence under Section 302 of the PPC. The Anti-Terrorism Court later took over the case, and the defendant was once more found guilty and given a death sentence in accordance with Sections 6 and 7 of the ATA. For the crime of murder, Section 302 of the PPC stipulates that the penalty is either the death penalty or life in prison. Murder is described in the section as the deliberate killing of another person without a cause or valid defense. The prosecution must establish beyond a reasonable doubt that the defendant knowingly committed murder without recourse to legal justification or excuse. This research article has tried to analyze both of these statutes in context of Shahzab Murder Case.

PENERAPAN SISTEM PERADILAN PIDANA ANAK DALAM KAITAN DENGAN HAK-HAK ASASI ANAK ( STUDI DI PENGADILAN NEGERI KISARAN)

The Juvenile Criminal Justice System is the entire process of Settlement of Child Cases in conflict with the law, starting from the investigation stage to the mentoring stage after the child undergoes the criminal law process. Implementation of Criminal Sanctions for Actions Against Children According to Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, is an "emergency door" for children when the child commits a criminal act on the condition that the child is 14 (fourteen years old) or more and is suspected of committing a crime. a criminal offense punishable by imprisonment of 7 (seven) years or more, and the terms of detention must be stated explicitly in a detention order as regulated in articles 32 (2) and (3) according to the law mentioned above. As long as the child does not commit a crime as regulated in Article 32 (2) and (3), the settlement of a child criminal case must be resolved by means of a. Restorative Justice, namely the settlement of criminal cases by involving the perpetrator, victim, family of the perpetrator/victim and other related parties to jointly seek a fair solution by emphasizing restoration back to its original state, and not retaliation, or by means of b. Diversion namely the transfer of the settlement of children's cases from the criminal justice process to the process outside the criminal justice system as regulated in Chapter I Article 1 paragraph (6) and (7). This is intended to provide special protection for children by providing the best for the interests of children, which is an implementation of children's human rights. And in an effort to provide the best protection for children as well as to equalize the vision and perception between institutions that are competent in upholding children's rights, namely the Courts, Prosecutors, Police and Correctional Institutions, the Government issued Presidential Regulation Number 175 of 2014 concerning Integrated Education and Training for Law Enforcement and Related Parties Regarding the Juvenile Criminal Justice System.

Criminal liability for criminal air pollution: current problems and solutions

The subject of the present research is the mechanism of criminal law protection of atmospheric air from negative anthropogenic impact on it.
 The purpose of the research is to identify and update the shortcomings of Article 251 of the Criminal Code of the Russian Federation, which establishes criminal liability for criminal air pollution, as well as to propose ways to eliminate them.
 The methodological basis of the research is the formal legal method, the method of content analysis, as well as methods of induction and deduction. In the study of Article 251 of the Criminal Code of the Russian Federation, the content analysis method was used. The formal legal method is applied in the analysis of such concepts as "air pollution", "other changes of the natural property of air". Based on the deduction method, legally significant signs of criminal pollution of the atmosphere are determined. Using the inductive method, the research of the level of danger of anthropogenic impact on the atmosphere was managed.
 As a result of the research, the difficulties of law enforcement practice of Article 251 of the Criminal Code of the Russian Federation are revealed, ways of overcoming them are determined. The problems of distinguishing between criminal air pollution and an administratively punishable offense provided for in Article 8.21 of the Code of Administrative Offences of the Russian Federation, the absence of clarification in the Criminal Code, as well as by the Plenum of the Supreme Court of the Russian Federation of the concept of "other change in the natural properties of the air", the absence of terminological unity of the Criminal Code of the Russian Federation and the relevant legislation, special attention is paid to the consideration of the subjective side of the crime, and also the contradictory approach of legislators, to identify qualifying signs of criminal pollution of the atmosphere.

The Limits of Vietnam's Incrementalism towards the Abolition of Capital Punishment for Drug Offenses

AbstractInternational law has ruled out the application of the death penalty on drug offenses. Despite failure to meet the threshold to be categorised as one of the ‘most serious crimes’, the practice of capital punishment for drug offences in many parts of the world continues to dismay human rights activists and practitioners. This article aims to exhibit a dynamic view on drug offences under Vietnamese law. It contends that the nation's understanding of the severity of drug offences has witnessed incremental changes corresponding with international standards, although not completely compatible. Drawing on comparative scholarship, the article then moves on to ask whether there is any room left for the total abolition of capital punishment for drug offences. It suggests that Vietnam's incrementalism towards abolition has reached its bounds. Renovation in the understanding on the severity of drug crimes is very much needed to re-fuel the abolitionist movement in the country.

Perception of the criminality of attempted suicide in Nepal and its impact on suicide reporting

In 2018–2019, according to the official statistics, 5754 people died as a result of suicide in Nepal. This is a high number for a country with a population of 29 million people. Experts believe that the actual rate is considerably higher and that many suicides are not reported. This underreporting of suicide is frequently blamed on the stigma and the criminality of attempted suicide. Yet, there has never been a criminal liability for attempted suicide in Nepal. This article discusses the reasons for the perception of the criminality of attempted suicide in the country, its consequences, and the ways of addressing them. We found that the involvement of the police at the initial stages of suicide investigation confirms public perceptions that attempted suicide is a punishable offense and this may reinforce the stigma of suicide. Recent criminalization of the abetment of suicide has contributed to this perception as the public may not be clear about the distinction between abetment of suicide and attempted suicide. Criminalization of suicide not in the laws but in minds discourages reporting and help-seeking behaviour and victimizes people who need support and services. We argue that decriminalization is more than removing the outdated legal clauses from the legal statutes, but also public awareness raising about the reasons for police investigation of suspicious deaths, sensitivity training, and education of government officials, policymakers, and police about suicide and its prevention. These are needed to dispel the myth of criminalization of attempted suicide in Nepal. Our findings could be of wider interest to scholars working on reducing the stigma of suicide and decriminalization of suicide attempts.

The Dichotomy between the Sexual Autonomy of the Child and Indian Laws in the Light of Evolving Capacities of the Child

‘Adolescence’ is referred as a transition from childhood to adulthood and at the adolescent stage the child began to encounter biological, mental, and emotional changes and embark on thinking independently and critically. Convention on the Rights of the Child (CRC) recognizes the ‘evolving capacities’ of the adolescent and their capability to take decisions with respect to matters affecting their life. Article 16 of the CRC also guarantees adolescent right to privacy and confidentiality over medical advice, counselling etc. But despite this, over the world, only a very few countries recognize the mental capacity of the adolescent in decision making. Under the Indian Law barring very few exceptions, the concept of ‘adolescence’ has not been legally recognized in the laws. In this background, this paper analyses the legal liability and capacity of adolescent under various Indian enactments, brings out the rights of adolescent under the Child Rights Convention (CRC), analyses Gillick competency prevailing in UK to put forth the claim that the evolving capacities of the child cannot be undermined in the laws pertaining to sexual autonomy and privacy of the adolescent. Besides bringing forth the inconsistencies in the existing enactments with respect to sexual autonomy of the adolescent, the paper critically analyses the provisions of POCSO and other enactments which treats even consensual sexual relations as a punishable offence.

The Aftermath of 21st Century Sharia Implementation in Northern Nigeria

Enforcement of Sharia legal system is a duty bound over every Muslim (Male or Female) on their day to day life and activities. The objective of this paper is to examine the consequences after the implementation of Shari’ah law in 21st Century in Northern part of Nigeria. Therefore, this study addresses the major area of negation and setback in the implementation of Shari’ah law in 21st Century in Northern Nigeria. The study posit out that inconsistence of Nigerian constitution with Shari’ah law, capital offence punishable by Shari’ah law, Hisbah institution, lack of qualified and experts judges, political problem and many others are the setback encountered by means of Shari’ah implementation in Northern Nigeria. Conclusively, the study concludes that 21st Century Shari’ah implementation in Northern Nigeria faced with many challenges.

Jack London's “Mauki” and the Colonial Pacific

Jack London's “Mauki” and the Colonial Pacific

“This Is What's Real”: The Pathology of Black Addiction in the Hood Films of the 1990s

“This Is What's Real”: The Pathology of Black Addiction in the Hood Films of the 1990s

ПРОЦЕССУАЛЬНОЕ ПОЛОЖЕНИЕ ИНФОРМАТОРА ВСЕМИРНОГО АНТИДОПИНГОВОГО АГЕНТСТВА (ВАДА)

The well-known anti-doping investigations of the last decade led to the disqualification from participation in the Olympics not only of individual athletes who were convicted of taking illegal drugs, but entire sports federations, the national anti-doping agencies were deprived of their accreditation. Bringing to justice a wide range of individuals not directly related to the use of doping requires a new approach to evidence as such and to the way it is presented. The purpose of this study is to study the status and procedural situation of WADA whistleblowers – the persons on whose testimony most of the investigations were based. The authors analyze the distinctive procedural features of informants and a set of requirements for information provided by informants. The article discusses the issue of mixing the statuses of a witness and an accomplice in the formation of approaches to determining the informant, with the legal consequences arising from these statuses. The authors note that WADA, as an international organization, does not have the functionality to ensure the protection of a whistle-blower from domestic persecution, for this reason, national law enforcement agencies play the main role in protecting whistleblowers. The extent and form of protection also depends on the status of anti-doping investigations and the assessment of doping as an offense punishable by criminal proceedings, civil or administrative.

A Prevalence Study of Delusive Advertisements in India and Its Regulation

Did drinking Horlicks make you taller and sharper? Is this true or were you sold a lie? In times of rising competition in the world of business, most companies have resorted to advertisement campaigns aimed at luring consumers to buy their products. There is increased use of advertisements to market products and increase the purchasing power of consumers worldwide. However, the strategy is used at the expense of the consumers through the propagation of misleading information. Although adverts are free to be creative with their advertisements, they must not exceed the boundaries of fairness. Food advertisements in India are under the control of FSSAI and the Advertising Standards Council of India ASCI. Section 24 of the FSS Act, 2006 strictly prohibits the use of deceiving claims for the promotion and sale of products and is a punishable offence. Under Section 10 of the Consumer Protection Act, 2019, the Central Government has the power to deal with complaints related to misleading advertisements and false claims. The FSSAI has put many products under its radar over misleading claims and has begun prosecution proceedings in more than 100 cases under the FSS Act. In order to protect consumer interest, the government should establish more stringent laws and be a watchdog in regulating misleading advertisements. There is also a rising need of educating consumers about advertisements, their standards and legislation. Consumers and their organizations must exercise their rights against dishonest advertising and bring such cases to the notice of enforcement groups.

Prevalence and associated factors of domestic violence among married women in an urban slum in South India.

Introduction:Domestic violence (DV) is a public health problem with an estimated global prevalence of 35%. The prevalence rate of spousal domestic violence in Telangana is 36.4% which is higher than the national average of 25.3%. Despite being a punishable offense, DV is still on the rise in India. Hence, there is need to assess its extent and determining factors for planning of remedial measures.Objective:To estimate the prevalence of domestic violence and its associated factors among married women of an urban slum in Telangana.Methodology:A cross-sectional study was conducted among 18- to 45-year-old married women in urban slums of Telangana. The sample size was 200. Multistage random sampling was done. Data collection was done using questionnaire with information regarding socio-demographic details, types of domestic violence, help-seeking behaviours, awareness, and outcome. The victims were directed towards medical and legal help, and further counselling. Descriptive analysis was done to find proportion of domestic violence. The associated factors were found using Chi-square test and logistic regression.Results:Domestic violence was reported by 70.5% of the study participants. Physical abuse (67%) was the main offense followed by emotional abuse (38.5%). Though 89% of women were aware of domestic violence being punishable by law, only 9.5% of women sought help. Woman’s older age (COR = 2.015, 95% CI: 1.088-3.733, P = 0.026), illiteracy (COR = 2.181,95% CI: 1.097-4.3381, P = 0.026), longer married life (COR = 1.961, 95% CI: 1.008-3.815, P = 0.047), husband’s early exposure to abuse (COR = 4.439, 95% CI: 1-19.705, P = 0.034) and alcohol intake (COR: 1.995, 95% CI: 1.038-3.838, P = 0.037) were found to be significant factors in the bivariate analysis. Husband’s exposure to abuse in childhood (AOR = 5.326, 95% CI: 1.163-24.400, P = 0.031) and alcohol intake (AOR = 2.206, 95% CI: 1.109-4.389, P = 0.024) were found to be independent predictors.Conclusion:Domestic violence is highly prevalent in urban slums of south India. A woman’s age, education, duration of marriage, husband’s early exposure to abuse, and alcohol intake are determining factors. Awareness programs need to be conducted regarding helplines, medical and legal aspects. All domestic violence cases should be registered, and social, psychological and legal support be provided to the victim.

An Examination of the Corporate Criminal Liability of a Trade Union in Nigeria

Apart from the controversy surrounding the legal status of trade unions in Nigeria, there exist a further area of contention—i.e. the nature of criminal liability of trade unions. Though, the relevant statutes on the control of trade unions in Nigeria place several duties on trade unions, breaches of which attract criminal punishment, there is hardly prosecution in this direction in spite of gross violations of the laws. This apparently stems from the dilemma of the law on corporate criminal responsibility. The paper therefore seeks to examine the issue which is always associated with attaching criminal liability to a legal entity with particular reference to trade unions. It also discusses the basis and extent of corporate criminal punishment for actual crimes and regulatory offences and the effectiveness of criminal sanctions on a registered body like trade union as against natural person. The research finds that though trade unions are incorporated bodies, they are legal entities at least for the purpose of the Trade Union Act in Nigeria and enjoys some benefits which elevate trade unions above other unincorporated bodies enabling trade unions to enter into contract, sue and be sued in their own name. It recommends that since trade unions are suable entities and can answer to criminal charges, especially regulatory offences, more efforts should be made to bring trade unions to comply with their responsibilities under the law.

A survey to understand the need for quality indicators for ayurveda blogs

Introduction: Blogging is becoming a very popular new mode of knowledge dispersal. Ayurveda blogs are becoming pervasive, but there are no standards set to check the quality of the blogs. Moreover, no study was done to check for the quality of the Ayurveda blogs. Methods: This study was conducted to assess the quality of Ayurveda blogs using modified Delphi consensus recommendations such as identity and qualifications of author, distinction between facts and opinions, advertisements and content, accuracy, citations, and consistency with citations. Forty Ayurveda blogs having more than 20000 social media followers were selected for the study. Results: Only 62.5% of the blogs had author's names and 37.5% of the blogs had disclosed author's qualifications. Only 5 blogs (16.66%) had cited references and 12 blogs (40%) had no clear distinctions between advertisement and content. About 90% of the blogs did not list the conflict of interest. Conclusion: Blogs for marketing the products, ghost writing, and opinionated blogging are eclipsing the genuineness of Ayurveda. Ayurblogs have lots of opportunities and hence, need to be monitored. There should be a blogging code for Ayurveda blogs. Unethical blogging should be made a punishable offense.

CORRELATION OF ADMINISTRATIVE DELINQUENCY IN THE FIELD OF MIGRATION WITH CHANGES IN ADMINISTRATIVE PENALTIES

Purpose of the study. Questions of the impact of the severity of administrative punishment on the indicators of administrative delinquency are among the topical, as well as of not only scientific, but also practical interest. In modern socio-economic conditions there is a growing interest in solving the problem of delinquency and crime in the field of migration, including through the tightening of penalties for offenses and crimes in the field of migration. The purpose of the study is to establish the presence or absence of correlation between the number of administrative offenses and crimes in the field of migration and the amount of administrative punishment imposed for administrative offenses. Conclusions. The authors determined that there was no correlation relationship between the level of crimes in the field of migration and the share of fines for offenses in the structure of administrative punishments in 2018, and in 2019 there was a direct weak factor relationship; between the level of crimes in the field of migration and the share of fines for offenses recovered in the structure of those assigned in 2018, the correlation relationship was weak direct, then in 2019 - weak, but inverse. There was a direct correlation between the crime rate and the average amount of fines imposed or collected (factors 3 or 4). At the same time, the authors found a weak correlation relationship between the levels of certain types of offenses in the area of migration and the allocated factors.

Administrative Punishments: Theoretical and Legal Characteristics and Some Problems of Their Infliction

The paper examines some aspects of theoretical views on administrative punishment. The author analyzes the concept of administrative punishment as a measure of responsibility for an administrative offense, its essence and objectives. The study highlights a number of topical problems in the field of legal regulation of the system of administrative punishments that cause difficulties in the correct choice and appointment of administrative punishments. Attention is drawn to the lack of a unified approach for the legislator to establish a system of administrative penalties in terms of their alternative or non-alternative nature. It is shown that some sanctions are incompatible with the nature of the offense; there is a significant gap between the lower and upper limits of penalties in alternative sanctions, a significant difference exists in the sanctions applied to different subjects of the same offense. As a result, the commission of a more socially dangerous act in practice entails infliction of a less severe punishment, which does not meet the goals of prevention. It is noted that in some cases, when deciding on the infliction of an administrative penalty, jurisdictional authorities do not take into account mitigating or aggravating circumstances. Some proposals are made to improve the current legislation on administrative offenses. In particular, the author suggests that it is necessary to correlate all administrative offenses with each other according to the degree of public danger and, on this basis, introduce a system of punishment for administrative offences. It is also proposed to toughen the liability in relation to individuals, since the amount of the fine in relation to individuals and legal entities in some cases differs 50 times. At the same time, the author substantiates the necessity of involving the population in the development of legislative initiatives in this area.

KeesBoterbloemLife in Stalin's Soviet Union. London: Bloomsbury Academic, 2019. 247 pp. £20.69 (pbk), £63 (hbk).

KeesBoterbloemLife in Stalin's Soviet Union. London: Bloomsbury Academic, 2019. 247 pp. £20.69 (pbk), £63 (hbk).

‘Arbitrary and cruel punishments’: Trends in Royal Navy courts martial, 1860–1869

Despite minor amendments to the Royal Navy's Articles of War throughout the eighteenth century, and a major reworking in 1749, both capital and corporal punishments were frequently employed as punishment for minor offences in a system that made England's ‘Bloody Code’ look positively humane. The 1860 Naval Discipline Act provided the first substantive overhaul of the original Articles of War, but historians have generally lamented this act as providing little comprehensive change to the governance of the navy. Using statistical data collected from thousands of courts martial records, this article takes a broad look at trends in naval courts martial, studying how these courts interacted with the legislative changes of the 1860s. Viewing how charges and sentences altered on the global scale, it becomes clear that the ‘arbitrary and cruel punishments’ of the previous century had at last given way to a centralized, formal expression of discipline.