Punishment In Law Research Articles

Balancing Punishment in Jewish Law: Examining Conflicting Purposes and Inconsistencies within Modern Judaism

Balancing Punishment in Jewish Law: Examining Conflicting Purposes and Inconsistencies within Modern Judaism

Ta’dhir in Islamic Law : Types of Crimes and Punishments

This article analyzes the linguistic and terminological meanings of the term “ta'zir” and its application as a form of criminal punishment in Islamic law. The role of ta'zir in the Quran is examined, along with the different views expressed by various Islamic jurists, including Abu Yusuf, Imam Azam, and other legal scholars. The article discusses how ta'zir punishments are specific penalties assigned for various actions, such as insults, slander, and psychological harm, among others. It also outlines that ta'zir penalties are imposed for crimes that do not reach the level of hudud or expiation and can take various forms, such as warnings, lashes, or fines.

Research on the System of First Violation without Penalty

With the continuous deepening of the construction of a digital rule of law government and the implementation of the principle of inclusive and prudent supervision in multiple fields represented by the business sector, the latest revised Administrative Penalty Law of the People's Republic of China in 2021 has for the first time stipulated the first violation without penalty system in Article 33. The "first violation without penalty " system draws on the "minor violation without punishment" system and conforms to the trend of government function transformation, which is a novel measure in the field of administrative law enforcement. In this article, the author will analyze the system from two levels. At the theoretical level, the connotation of the system will be explained through its origin, practical significance, and comparison with "minor non punishment"; At the practical level, analyze the practicality of the system by combining the "first violation without penalty " lists from multiple regions. The author will also analyze the problems that exist during the implementation of the system and provide their own suggestions.

On the Effectiveness of the System of Delegating the Power of Administrative Punishment

The system of "delegating the power of administrative punishment" established in Article 24 of the "Administrative Punishment Law" breaks through the level restriction of the exercise of administrative punishment power and extends the power of administrative punishment to the grass-roots level to a certain extent, which is an important institutional way to improve the predicament of administrative enforcement power at the grass-roots level. However, with the continuous application of this system, the problem of its effectiveness has become increasingly prominent. In terms of the way and content of empowerment, "urgent need of grass-roots management" and "able to effectively undertake" should be used as the judging criteria for the delegation of administrative punishment power, and provincial subjects should establish a differentiated list of administrative punishment power delegation according to relevant provisions. In the operation of power, we should enhance the undertaking ability of the undertaking subject from the perspective of the establishment of law enforcement agencies in townships (streets) and the allocation of law enforcement personnel, so as to ensure the effective operation of power. In terms of system supervision, we should make clear the subject and way of supervision to prevent the abuse of the power of administrative punishment.

Juvenile Justice in the United Kingdom and Hong Kong: Historical and Modern Perspectives

The 19th century saw the introduction of numerous acts in the United Kingdom relating to juvenile justice that emphasised rehabilitation and sought to protect the rights of child offenders. Since then, legislative and institutional changes have generally increased the leniency of the law towards acts of juvenile delinquency, but exceptional cases involving child killers have raised jurisprudential concerns relating to these acts. This paper explores the question of punishment in criminal law from the Victorian era onward, focusing on the disparity in treatment between juvenile and adult offenders, and summarises the relevant extant U.K. and Hong Kong legislation. The case of Sharon Carr, a woman convicted of murder for a thrill stabbing she had committed at age 12, is examined with a comparative approach with the judgement of Mary Bell, who was convicted of manslaughter for strangling two toddler boys. A conclusion on the evolution of the juvenile justice system through jurisprudential perspectives will be offered.

Using Latent Class Analysis to Produce a Typology of Korean Stalking Based on Court Judgments

This study was carried out to develop guidelines for more appropriate interventions for people who stalk following the enforcement of the Stalking Crime Punishment Act. By content analysis, 407 cases of the first trial judgment data from the start of the stalking punishment law application were collected and substituted with categorical data. Three types of stalking persons—Aggressors, Indirect Contactors, and Approachers—were created by latent class analysis. Notable distinctions emerged among these types, encompassing criminal history, mental health, online sexual crimes, and the frequency of contact. For instance, Aggressors were individuals who displayed aggressive behaviors most frequently; Indirect Contactors engaged in online sexual harassment against victims; and Approachers approached victims without mutual agreement. Therefore, considering these findings would hold great significance when approaching individuals who engage in stalking with a more comprehensive understanding. This approach aims to provide insights to enhance criminal responses and practices in South Korea.

FLAGELLATION IMPOSED AS A SANCTION BASED ON THE ASPECT OF CHILD PROTECTION

Aceh came up with a sharia-based compilation of penal law, Qanun Number 6 of 2014 concerning Jinayat Law. QanunJinayat governs the provisions regarding a child involved in jarimah, where several principles set forth in the regulatory provisions differ from those in the national judicial system of juvenile crime. This study discusses the differences in the handling of the violation of Qanun Jinayat by children on which flagellation is imposed in terms of the aspect of child protection. This study was conducted based on socio-legal and socio-juridical approaches. The research result shows that flagellation imposed on a child contravenes the child protection principle in the national judicial system of juvenile crime. The flagellation regulated in Qanun Jinayat is based on the consideration suggesting that flagellation is the essence of punishment in Islamic law. Qanun Jinayat should be evaluated by referring to the principle of child protection in the national judicial system to reach the objectives of legal protection in children especially those facing legal disputes.

The Concept of Private Law Punishment and the Applicability of the General Principles of Criminal Law

Bu çalışmada ilk olarak, bir normun özel hukuk cezası içerdiği sonucuna varabilmek için normdaki yaptırımın ne gibi özelliklere sahip olması gerektiği sorgulanmaktadır. Yaptırımın özel hukuk cezası niteliğinde olduğunun kabulü için aranacak ölçütler bu çalışmada şu şekilde tespit edilmiştir: ilgili özel hukuk yaptırımının malvarlığına ilişkin olması, yaptırımın cezalandırma amacı taşıması, cezalandırma amacından daha baskın başka bir amacın mevcut olmaması ve yaptırımın kanun koyucu tarafından taraf iradelerinden bağımsız olarak öngörülmüş olması. Cezalandırma amacından söz edebilmek için tespit edilmesi gereken en önemli özellik hükmün bireylerin davranışlarını yönlendirmek suretiyle onları belli davranışlardan caydırmayı hedeflemesidir. Çalışmanın bir sonraki bölümünde bu ölçütler Türk hukukunda özel hukuk cezası olup olmadığı tartışılabilecek çeşitli hükümlere uygulanmıştır. Bu ölçütler ışığında öğretide özel hukuk cezası olduğu savunulan bazı hükümlerin aslında cezai nitelikte olmadığı sonucuna varılmaktadır. Son olarak özel hukuk cezalarına ceza hukukunun genel prensiplerinin uygulanıp uygulanamayacağı sorusu üzerinde durulmuştur. Bu soruya prensip olarak olumlu yanıt verilmiş ve kanunilik ilkesi, kusur ilkesi, cezaların şahsiliği ilkesi ve ne bis in idem ilkeleri bakımından bu yaklaşımın doğuracağı sonuçlar incelenmiştir.

Predstaviteli sovetskoj nauchnoj shkoly ugolovnogo prava o nakazanii za sovershennoe prestuplenie

In this article the scientists who contributed to Soviet criminal law science are called on the problem of punishment in criminal law. It also provides a brief bibliographic data of scientists, the main works and draws a similar conclusion that the Soviet school of criminal law, although it was not formalized in Soviet times in the way it is now, but, nevertheless, de facto - it was a real scientific school of criminal law rights and works written by representatives of this school are still in demand.

Analysis of Article 7, Item 2 of the Administrative Penalty Law

Analysis of Article 7, Item 2 of the Administrative Penalty Law

Reflections on the Supreme Court of Canada's Decision in R. v. Sharma

The criminal law has been criticized for failing to engage with the right to equality when delineating its permissible scope. While these criticisms are forceful, they must also be tempered by the structure of judicial review. The Supreme Court’s recent decision in R. v.Sharma is illustrative. Despite an avid dissent, a narrow majority found that Parliament’s decision to amend a prior sentencing law that conferred a benefit to a minority group could not by itself sustain a violation of the right to equality. This approach is principled as any other interpretation would undermine the constitutional framework for punishment under the Canadian Charter of Rights and Freedoms. This follows as the essence of the constitutional challenge in Sharma concerned whether refusing to permit a conditional sentence order for select offences would result in an unconstitutional punishment. By finding a violation of the right to equality, the minority circumvented the gross disproportionality standard required to declare a punishment unconstitutional under section 12 of the Charter. In its place, the minority would have imposed a mere proportionality standard under section1 for any punishment laws that retract a previously granted benefit to a minority group. Such an approach might be justifiable if there were no other means to consider equality interests when determining the constitutionality of sentencing laws. However, that is not the case as the reasonable hypothetical offender analysis under section 12 can ensure that the equality considerations implicit in the criminal law are given due weight. While conducting the analysis under section 12 does not change the result in Sharma, it upholds the principle underlying that provision requiring the scope of sentencing policy to remain reasonably broad to account for differing political opinions about the appropriate use of punishment.

Проблемы назначения наказания и пути их решения: анализ правоприменительной практики

The article deals with the issues of the justice of the sentence, which are of decisive importance for the legality and validity of the final act, as well as the fairness of the punishment imposed. It is based on the verdicts of the courts of first instance, which later, due to improper application of the criminal or criminal procedure law, were canceled by the court of appeal. Analysis of the mistakes made by the courts of first instance has been carried out, on the basis of which amendments to both the current legislation and judicial practice in criminal cases are proposed and systematized. Conclusion dwells upon the fact that in the course of sentencing and imposition of fair and lawful punishment the courts of first instance do not adequately take into account the degree of public danger of the committed act, as well as personal characteristics of the guilty person, in addition, the mitigating circumstances are not properly assessed.

스토킹처벌법의 실무상 운용과 보완점

Stalking crime is a crime that causes severe mental and physical damage to the victim to the extent that normal daily life is difficult. There is a very high possibility that it can develop into a violent crime that threatens the body or life. Korea's stalking punishment law distinguishes and stipulates the stalking act and the stalking crime under the premise of prompt and preliminary prevention of the victim, and has provisions to take certain temporary measures against the stalker. From the viewpoint of victim protection against stalking, more flexible legislation and interpretation are required, and similar trends are observed in other countries' legislation. From a procedural aspect, provisional measures operated to protect victims are considered administrative action (police action) or quasi-judicial action, which must consider not only legitimacy but also purpose. So we need to operate more carefully. Nevertheless, even though there is no interrogation system in the stalking punishment law, setting up an interrogation system as an internal regulation, not a law, is contrary to the reservation principle of the law called the reservation of the National Assembly. If necessary, it is reasonable to review the introduction of the system through legislation through a resolution by the National Assembly.

PEMBAHARUAN HUKUM KEBERADAAN HUKUMAN MATI BAGI PELAKU KORUPSI

This paper raises the issue of the existence of the death penalty in the Law of the Republic of Indonesia No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Corruption Crimes and the concept of the death penalty for perpetrators of corruption. The criminal act of corruption is classified as a special crime that needs to be dealt with firmly. Severe punishment is needed to limit this crime from becoming more rampant, such as the death penalty which is the most severe punishment in criminal law. This study discusses the implementation of the death penalty in Indonesia in accordance with the law and explains the threat of the death penalty in the Corruption Crime Act, especially in Article 2 paragraph (2). The research uses primary legal sources, secondary legal sources, and tertiary legal sources the data collection method used is document and legal research by conducting legal analysis of existing laws and regulations related to criminal penalties for criminal acts of corruption, also researching legal reforms in the new Criminal Code related to death penalty reform.

A finite volume penalty‐based implicit procedure for the treatment of the frictionless contact boundaries

AbstractThis article presents a new implicit coupling procedure for mechanical contact simulations using an implicit cell‐centred finite volume method. Both contact boundaries are treated as Neumann conditions, where the prescribed contact force is calculated using a penalty law, which is linearised and updated within the iterative solution procedure. Compared to the currently available explicit treatment, the implicit treatment offers better efficiency for the same accuracy. This is achieved with the proposed implicit linearisation, which replaces the explicit under‐relaxation of the contact force. The proposed procedure, intended for frictionless contact of Hookean solids, can handle non‐conformal contact interface discretisations and faces in partial contact. The accuracy and efficiency of the implicit approach are compared with the explicit procedure on four benchmark problems, where it is shown that the proposed method can significantly improve efficiency and robustness.

Implementation of the Applicability of the Death Penalty in Indonesia Through a Review of Pancasila-Based Islamic Law

Islamic law provides a sense of justice including in the threat of sanctions for crimes committed, Islamic law places punishments commensurate with the crimes so as to create a sense of deterrent effect for perpetrators and society. Including the death penalty. This paper raises two issues that will be discussed, namely: How is the contribution of Islamic law in determining death penalty laws in Indonesia and how is the legal politics of death penalty provisions applicable in Indonesia based on Pancasila? The Normative Juridical Approach is used as the writing technique of this research. This study aims to conduct legal research using library materials, secondary data, and original data as additional data. From the discussion of this paper, it can be concluded that the existence of Islamic law, especially regarding the death penalty in Indonesia, has a very strong contribution to punishment in general in Indonesia. Because Islamic law, especially in the case of the death penalty, determines the appropriate punishment for the perpetrator, and because of the legal politics of the death penalty, which is understood as the direction of legal policy regarding the death penalty, this includes the state. policies on how the death penalty is carried out and how it should be carried out.

근로기준법상 이른바 임금체불죄의 문제점과 개선방안

For workers, wages are a major source of income for households and an essential element in solving food, clothing, and shelter for future labor. Therefore, if wages are overdue, it directly threatens the livelihood of workers, so eradicating overdue wages is a very urgent task. Under the Labor Standards Act, if an employer delays wage payment, fails to pay full wages, or fails to pay wages within 14 days from the date of death or retirement of a worker, he or she shall be punished by imprisonment for up to three years or a fine of up to 30 million won. However, unlike the victim's explicit intention, a prosecution cannot be filed (Anti-intentional punishment clause). It is an abuse of the state's right to punish wages, which is only a civil problem, through criminal sanctions. In addition, criticism is raised that there is a risk of making the criminal law only formal and worthless. However, if wages are overdue, the lives of workers and their dependents who have not been paid will be ruined. In addition, since wage bonds are not only property rights but also survival rights and social rights rights, criminal punishment for overdue wages is necessary in that the state's obligation to protect basic rights is strongly required. However, in the case of non-punishment against will, problems of abuse and side effects are pointed out, and problems are raised that the possibility of low punishment for non-payment of wages and lack of risk due to the level of punishment. First, if thorough judicial processing and appropriate sentencing are guaranteed, the anti-disciplinary system can act as a mechanism to encourage employers to liquidate and consequently contribute to protecting workers' basic rights. Therefore, it is necessary to find a way to exclude the application of bad and habitual delinquent business owners or at least limit the time limit of expressing the intention of non-punishment to before prosecution. Second, since the strengthening of sanctions is not directly related to the resolution of wage arrears and the risk of punishment laws depends on the possibility of punishment and the expected level of punishment, it is necessary to strengthen the level of punishment. However, since the crime of arrears of wages is contrary to the principle of proportionality by punishing even non-malicious arrears of wages, economic sanctions need to be strengthened through fines or fines if they are not malicious or habitual arrears of wages.

Aftermath of ban on Hungarian medical doctors' informal payment

Since 2020, Hungary's penalty law has banned any undue advantage or its promise for medical services. Parallel, the Health Care Act in force was changed concerning the legally acceptable allowances for medical care. Hungary's medical community and the patients received these changes as ending of the perverse informal payment system parasitizing the public financing. Informal payment disappeared indeed, but it will be hard to get rid of its ruins left behind. For creating transparency, first the health care workers' and general practitioners' quasi informal payment and finally the specialists' so-called parallel net-income (paid by patients' para-solvency) - which was an illegal fee for pretended private practice in the public health care - must be cleared. This pretence was eradicated by clear separation of private and public services. The key issue of any further changes is rearranging the in- and outpatient secondary care run either/or as integrated, separated or partially mixed systems. Determined by ownership, financial and professional environment, the only model will survive in the new era which is based on economic sector neutrality, complies well with the aims of health policy and interests of medical doctors and their patients. Orv Hetil. 2023; 164(14): 523-532.

The Implementation of Ta’zīr Punishment as an Educational Reinforcement in Islamic Law

This article aims to examine the application of ta’zīr punishment as a reinforcement of education in Islamic law. Humans are mulattoes or social beings who are related to one another, they cannot be separated from interactions with others. In order for this relationship to be in the corridor and frame of justice, Allah sent down rules in the form of orders and prohibitions. This study is a normative legal study using ushul fiqh theory and maslāhah theory. This study concludes that all commands and prohibitions contained in Islamic law are based on the Qur'an and the commands and prohibitions of the Prophet. which is formulated in fiqh, it will be seen that everything has a specific purpose, namely the benefit of mankind. If there is a violation of these rules, a penalty will be imposed, whether the punishment is in the form of ḥadd, qiṣaṣ or ta’zīr punishment. In addition to ḥadd, qiṣaṣ, kaffārah punishments, ta’zīr punishments are seen as punishments/sanctions that contain educational values because they aim to create a deterrent effect on the perpetrators and become a lesson for others not to commit similar violations. Therefore, this study argues that the imposition of punishment in Islamic law including ta’zīr contains beneficial values that educate humans and has a deterrent effect for perpetrators and for others.

Punishment as an object of scientific research: challenges and prospects

Is devoted to the study of the legal phenomenon of punishment from the perspective of the general theory of law. It argues the need for an integrated approach to identifying the most important characteristics of punishment, considering its historical roots, etymology of the term and development trends. Relying on dialectical methodology, the author examines the prerequisites for the formation of the social institution of punishment, starting with the emergence of the first taboo and/or prohibitions. The conclusion determines the universal nature of the phenomenon of punishment, which applies to any negative sanctions implemented as measures of legal responsibility in both public and private law. The work substantiates an increased relevance of the issue of adequate understanding of legal punishment in national and international law. Three groups of interaction of punishment with other legal phenomena (means) are differentiated; they are interaction with similar phenomena that include punishment (group 1), interaction with phenomena that functionally contribute to the consolidation and implementation of punishment (group 2) and interaction with phenomena that have an auxiliary effect on consolidation and implementation of punishment (group 3). The lack of consistency (unified strategy) in law-making and law enforcement decisions in relation to the system of punishments and its dynamics have been demonstrated. The institutional features of the system of punishments in the Russian Federation, subject to a general theoretical analysis, have been determined. Approaches to the definition of the legal meaning of impunity as an independent category of jurisprudence are considered. The author gives his point of view on the issue of the forms and content of impunity and substantiates the need for its further study. In addition to domestic and foreign doctrinal and reference publications, the provisions of international legal acts, national legislation and materials of judicial practice are used as a source base. The author formulates proposals regarding the directions for further research of the category punishment in the general theory of law.