Respect Of Crimes Research Articles

Certain problem aspects of criminal responsibility and punishment in cases of crimes in the field of the use of electronic computing machines (computers), automated systems, computer networks, and telecommunication networks

The article deals with the methodology and results of the analysis of court sentencing for crimes in the field of the use of electronic computing machines (computers), automated systems, computer networks, and telecommunication networks.
 The correlation of the type and amount of punishment imposed by courts under Articles 361, 3611, 3612, 362, 363, 3631 of the Criminal Code of Ukraine is presented. The infliction of the types and amount of punishments by courts under these articles of the Criminal Code of Ukraine is analyzed, and tendencies of their imposition on the examples of concrete court sentences are distinguished. All court sentences for 2019 contained in the Unified State Register of Judgments rendered in respect of crimes under Articles 361, 3611, 3612, 362, 363, and 3631 of the Criminal Code of Ukraine are analyzed.
 In addition, the authors examine the state of application of both primary and additional punishment by courts in the form of deprivation of the right to occupy certain positions or engage in certain activities and suggest ways to improve them. The authors single out the problems that arise when courts impose one or another type of primary punishment and suggest possible ways to solve them. The issue of the application of Articles 69 and 75 of the Criminal Code of Ukraine by the court in sentencing for crimes in the field of the use of electronic computing machines (computers), automated systems, computer networks, and telecommunication networks, and the expediency of exemption from serving a probation sentence or imposing more lenient punishment than provided by law, is elucidated.
 Taking into account the importance of in-depth study and investigation of the problems of imposing punishment for certain criminal offenses, within the framework of this scientific work, an appropriate analysis of the state of sentencing for crimes in the field of the use of electronic computing machines (computers), automated systems, computer networks, and telecommunication networks is carried out.

Analysis Of The Punishment Of Penalties By Courts For Wrongful Death During Violation Of Rules Of Road Safety Or Operation Of Transport

The article covers the methodology and results of the analysis of sentencing for violation of traffic safety rules or operation of transport by persons who drive vehicles which caused caused the death of the victim or death (Part 2 and part 3 of Article 286 of the Criminal Code of Ukraine).
 The ratio of the type and amount of punishment imposed by courts under this articleі of the Criminal Code of Ukraine on the basis of sentences passed by courts during 2019 is given. The appointment of the courts under the sanction of Part 2 and 3 of Article 286 of the Criminal Code of Ukraine of each of the types of penalty is analyzed. The author outlined the main aspects in the using of these types of punishments by the courts. The article also reveals the characteristics of the application by the courts of the provisions of Articles 69 and 75 of the Criminal Code of Ukraine. Among other things, the author examined the state of application by the courts of additional punishment in the form of deprivation of the right to drive vehicles. According to the results, such an additional punishment in 2019 was applied by courts in less than half of the analyzed sentences.
 All court verdicts for 2019, contained in the Unified State Register of court decisions rendered in respect of crimes under Part 2 and Part 3 of Art. 286 of the Criminal Code of Ukraine, which resulted in negligent death of another person.
 In addition, the author of the article suggested possible solutions to the problem, which are likely to arise as a result of the mandatory deprivation of the right to drive vehicles. According to the results of the analysis, the author identified the problems that arise when sentencing courts under Part 2 and part 3 of Art. 286 of the Criminal Code of Ukraine and suggested possible ways to solve them. It also covers the expediency of release by a court from serving a sentence of reprimand for negligent death of a person as a result of violation of traffic safety rules and operation of transport, as well as the imposition of a milder punishment than provided by law.

On Crime and Punishment: Derrida Reading Kant

This essay enquires into the implications for criminal law of Derrida’s analysis in the Death Penalty seminars. The seminars include a reading of Kant’s Metaphysics of Morals, specifically Kant’s reflections on the sovereign right to punish, which is read in conjunction with the reflections of Freud and Reik on the relation between the unconscious and crime, as well as Nietzsche’s reflections on morality, punishment and cruelty. What comes to the fore in Derrida’s analysis is a system of economic exchange operating on an unconscious level, of which criminal law forms an intrinsic part. Derrida’s analysis of the ‘origin’ of crime in the seminars poses serious questions to the assumption of freedom underlying modern criminal law. The link, which he posits between punishment and political theology, likewise challenges the existing theories and forms of punishment. What the seminars call for, in the name of the Kantian Enlightenment, is a radical break with economic circularity as it operates in respect of crime and punishment.

Использование видеоконференц-связи при рассмотрении уголовных дел террористической направленности

Использование видеоконференц-связи при рассмотрении уголовных дел террористической направленности

Pervasive, but not politicised: everyday violence, local rule and party popularity in a township in Cape Town

This paper explores relationships between political actors, local governance and violence in a community, through the case of security provision in the township of Imizamo Yethu in Cape Town. It traces the actions of key actors including SANCO, the City of Cape Town and ordinary residents in respect of crime, taxi violence, xenophobic attacks, protection rackets and service delivery protests. The extensive and varied nature of violence in Imizamo Yethu is related to uneven political legitmacy. Further, this weak governance is attributable to a lack of legitimacy of both the City of Cape Town and informal community leaders. The latter are take the form of the local branch of a civic association, the South African National Civic Organisation (SANCO) allied to the national ruling party, the Africa National Congress (ANC). In Imizamo Yethu, SANCO is weak and riven by factionalism, but the legitimacy of the ANC remains high and there is no violent contest for local leadership positions. Social cohesion in IY is in flux, and violence is alternately used to shore up particular notions of social cohesion; while in other examples violence erodes social cohesion. In short, inadequate state governance and informal rule co-exist with high levels of political support for the ANC and its allies, high levels of violence and uncertain implications for social cohesion. This account runs against three common key assumptions. The first is that, under conditions of weak rule, violence is primarily about contests over political power. The pervasiveness of violence by a variety of social actors in Imizamo Yethu, but not so much by SANCO or the ANC, challenges this assumption. The second is that the violence is constitutive of informal rule in such contexts. However, in Imizamo Yethu the importance of party identification and ability to extract resources from the local state are more important to effective local rule than violent capacities. Lastly, the case of IY illustrates that effective local rule is not necessarily an important condition of party legitimacy, which is rooted in larger dynamics of national and race politics. Indeed, such is the extent of political adherence , as opposed to social cohesion, that violence forms no part of competition within the ANC family for local office and political control.

Pervasive, but not politicised: everyday violence, local rule and party popularity in a township in Cape Town

This paper explores relationships between political actors, local governance and violence in a community, through the case of security provision in the township of Imizamo Yethu in Cape Town. It traces the actions of key actors including SANCO, the City of Cape Town and ordinary residents in respect of crime, taxi violence, xenophobic attacks, protection rackets and service delivery protests. The extensive and varied nature of violence in Imizamo Yethu is related to uneven political legitmacy. Further, this weak governance is attributable to a lack of legitimacy of both the City of Cape Town and informal community leaders. The latter are take the form of the local branch of a civic association, the South African National Civic Organisation (SANCO) allied to the national ruling party, the Africa National Congress (ANC). In Imizamo Yethu, SANCO is weak and riven by factionalism, but the legitimacy of the ANC remains high and there is no violent contest for local leadership positions. Social cohesion in IY is in flux, and violence is alternately used to shore up particular notions of social cohesion; while in other examples violence erodes social cohesion. In short, inadequate state governance and informal rule co-exist with high levels of political support for the ANC and its allies, high levels of violence and uncertain implications for social cohesion. This account runs against three common key assumptions. The first is that, under conditions of weak rule, violence is primarily about contests over political power. The pervasiveness of violence by a variety of social actors in Imizamo Yethu, but not so much by SANCO or the ANC, challenges this assumption. The second is that the violence is constitutive of informal rule in such contexts. However, in Imizamo Yethu the importance of party identification and ability to extract resources from the local state are more important to effective local rule than violent capacities. Lastly, the case of IY illustrates that effective local rule is not necessarily an important condition of party legitimacy, which is rooted in larger dynamics of national and race politics. Indeed, such is the extent of political adherence , as opposed to social cohesion, that violence forms no part of competition within the ANC family for local office and political control.

Urban Volunteer Tourism: Orphanages in Johannesburg

Volunteer tourism is one of the most vibrant forms of alternative tourism and a particular focus in Africa. Despite a growing stream of international volunteer tourists, African scholarship is undeveloped. South Africa offers the largest range of different volunteer tourism opportunities in Africa which includes work in community welfare projects such as orphanages. This research opens up debates around urban volunteer tourism in South Africa. The investigation is a case study of international volunteer tourists at orphanages in Johannesburg, South Africa’s largest city. The aim was to understand the volunteer tourism channel to Johannesburg and reflect upon the impacts of this controversial form of volunteer tourism. The findings point to the strongly positive benefits of these volunteers for the orphanages and the children in Johannesburg. Among possible explanations is that ‘place matters’ and that volunteers choosing to work in the orphanages of South Africa’s business capital, a city that has a fearful reputation in respect of crime and safety of visitors, are committed to ‘making a difference’ in their volunteer work.

Two Kinds of Wrong: On the Context Element of Crimes against Humanity

AbstractIt can be shown that – as with the tie between crimes against humanity and the perpetration of other international crimes in the Charter of the International Military Tribunal in Nuremberg – the context element of the crimes against humanity as set out in the Rome Statute is based on the international law principle of non-interference in the affairs of a foreign country, and only serves to justify ‘international’ jurisdiction in respect of crimes which are typically already punishable pursuant to the lex loci commissii. As a consequence, the feature of a ‘widespread or systematic attack directed against any civilian population’ is not an aggravating circumstance in respect of the material facts of the case that define the wrong of the act (Unrecht) or the offender's blameworthiness (Schuld), but a jurisdictional element which is a mere precondition for prosecution only.

Young victims of street crime in an East London borough

In 2007, seven young people were murdered in London alone, four of them under 16, so there is a pressing need to find out from young people about their experiences and fears in respect of crime as well as their views on how their personal safety can be enhanced. This article discusses the findings of a study of victimisation among young people in an East London borough. Although modest and not necessarily representative, the findings of this study are important because of the relative absence of research into children and young people as victims of crime.

The European Convention on State Immunity and International Crimes

The European Convention on State Immunity provides for the immunity of states and their organs from the domestic courts of the respective Contracting States. In doing so, it makes no apparent distinction between those courts’ civil and criminal jurisdictions. Yet the vexed question of the immunity of state officials from the latter, especially in respect of crimes established under international law, has been spectacularly brought to the fore by the Pinochet case. It is on this question—the immunity of individual state officials from the criminal jurisdiction of foreign states specifically in respect of international crimes—that this article focuses.

The New Social Policy in Britain

This paper starts from the proposition that approaches to crime and penal policy in contemporary Britain are of a piece with approaches to social policy across a number of fronts. “The New Social Policy” is examined in terms of “the stakeholder idea”, its implications for how people are meant to behave, and the distance between this and socio‐economic realities. The paper then explores various sectors of stakeholder social policy in their new order of importance—employment and training, education, health care, social care, housing, social security—before commenting on policies in respect of crime and crime prevention, in the light of the foregoing observations and with particular reference to the “lock‐’em‐up” tendency. The paper concludes that stakeholdership is no recipe for crime prevention.

R. v. Commissioner of Police and Others, ex parte Cephas (No. 2)

The individual in international law — Extradition — Of nationals — Alleged murder committed abroad — Extradition request — Power to arrest without warrant — Extradition Act 1870 — The law of jamaicaJurisdiction — In general — Personal — Over nationals in respect of crimes committed abroad — Alleged murder committed abroad — Extradition request — Power to arrest without warrant — Common law power to arrest and detain fugitives — Whether replaced by Extradition Act 1870 — The law of jamaica

Public Prosecutor v. V

Jurisdiction — In general — Personal — Over nationals in respect of crimes committed abroad — Whether provisions of Dutch Road Traffic Act apply to offences committed by nationals abroad — Whether any requirement that offence be punishable under law of place of commission — The law of the Netherlands

Public Prosecutor v. J.M.H.

Jurisdiction — In general — Personal — Over nationals in respect of crimes committed abroad — Whether provisions of Dutch Firearms Act apply to offences committed by nationals abroad — Dutch servicemen — Code of Military Criminal Law — Whether any requirement that offences be punishable under law of the country where they are committed — The law of the Netherlands

The State (at the Prosecution of Brendan Devine) v. Larkin and Others

Jurisdiction — In general — Territorial — Fisheries — Protection of fisheries legislation — Extraterritorial effect — Competence to create offences in respect of acts of residents committed abroad — The law of Ireland 110Jurisdiction — In general — Personal — Over nationals in respect of crimes committed abroad — Competence to create offences in respect of acts of residents committed abroad — Extraterritorial effect of legislation — The law of Ireland

Re Hartmann and Pude

232Jurisdiction — In general — Territorial — Jurisdiction over foreigners — In respect of crimes committed in forum State — Whether conviction in State of origin precludes proceedings in State where offences committed — Principle of ne bis in idem — Applicability — Whether recognized as a general rule of international law — European Convention on Extradition, 1957 — The law of Italy

Italian South Tyrol Terrorism Case (2)

International law in general — Sources — International criminal law — International treaties as sources of — The law of AustriaJurisdiction — In general — Personal — Over nationals in respect of crimes committed abroad — Terrorist offences by Austrian nationals directed against Italy — Whether such crimes constitute acts of high treason against Austria — Whether any rule of general international law that political crimes against foreign State committed for the benefit of forum State are not punishable in forum State — Development of international criminal law — Restrictions on prosecution of political offences against foreign States — Whether notion of political offence includes explosive offences — The law of Austria

In the Matter of Article 26 of the Constitution and In the Matter of the Criminal Law (jurisdiction) Bill 1975

Jurisdiction — In general — Personal — Over nationals in respect of crimes committed abroad — Power to legislate with extraterritorial effect — Criminal Law Gurisdiction) Bill 1975 — The law of Ireland Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Whether a State has power to legislate with extraterritorial effect — Protective principle — Jurisdiction over nationals abroad — Criminal Law (Jurisdiction) Bill 1975 — The law of Ireland

United States v. Cotten

Jurisdiction — In general — Territorial jurisdiction — Exemptions from and restrictions upon territorial jurisdiction — Irregular apprehension — Defendants forcibly returned to United States from country with which United States had no extradition treaty — Acquiescence of officials of the country — Whether United States courts possess jurisdiction to try defendants — The law of the United StatesJurisdiction — In general — Personal jurisdiction — Over nationals in respect of crimes committed abroad — Theft and conspiracy — Principles of jurisdiction — Objective territorial principle — Irregular apprehension — Defendants forcibly abducted from foreign country — Acquiescence of officials of foreign country — The law of the United States

United States v. Erdos

Jurisdiction — In general — Territorial jurisdiction — Territorial limits of jurisdiction — Crime committed on premises of United States Embassy — Whether within ‘special territorial’ jurisdiction of United States courts — The law of the United StatesDiplomatic and consular intercourse and privileges — Permanent diplomatic envoys — Privileges and immunities — Diplomatic premises — Territorial status — Whether part of the sending State's territory for purposes of criminal jurisdiction — The law of the United States224Jurisdiction — In general — Personal — Over nationals in respect of crimes committed abroad — Manslaughter of one United States citizen by another on premises of United States Embassy abroad — Whether within ‘special territorial’ jurisdiction of United States courts — The law of the United States