Role Of Criminal Law Research Articles

AS TEORIAS SOCIOLÓGICAS CRIMINOLÓGICAS E SEUS REFLEXOS NO DIREITO PENAL: UM ESTUDO COMPARATIVO DASTEORIAS DO CONFLITO E DO CONSENSO

This work analyzes the intersection between consensus theory and conflict theory in the context of criminal law, highlighting its main characteristics and practical implications. The justification for choosing this topic lies in the need to understand how these theories influence the formulation of criminal laws and the treatment of criminals in a society marked by social inequalities. The objectives include examining the divergences and similarities between both approaches, as well as discussing their implications for criminal justice. The methodology used was a bibliographic review of fundamental works by authors such as Quinney, Zaffaroni and Foucault, aiming for an in-depth understanding of the theories. The main results indicate that, although consensus and conflict theories present opposing views on the role of criminal law, they also share similarities that can contribute to the construction of a fairer criminal system. It is concluded that integrating elements from both approaches can provide a more comprehensive understanding of social dynamics and the effectiveness of criminal laws, favoring the protection of human rights and social inclusion.

Illegal Logging Eradication in the Perspective of National Criminal Law and Local Wisdom of Manggarai Community

This study discusses illegal logging as an environmental problem, especially in forestry. Illegal logging is a criminal offence, especially in violation of Law Number 41 of 1999 on Forestry and Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction. Illegal logging is also prohibited based on the Manggarai community's local wisdom. The prohibition is motivated by the tradition of the Manggarai community, which utilizes the forest and recognizes the roko molas poco customary ritual. The ritual aims to inform the Manggarai people that anyone who wants to take a tree in the forest must bring a new tree seedling in exchange. This ritual also shows the responsibility to preserve the forest so it is not damaged. However, there are still people who commit illegal logging. This study aims to analyze and find regulations and concepts for eradicating illegal logging from the perspective of national criminal law and the local wisdom of the Manggarai community. The type of study used is empirical legal research. This study is a novelty because previous researchers should have specifically reviewed the role of local wisdom, especially the Manggarai community, in eradicating illegal logging. The results show that the role of criminal law and the local wisdom of the Manggarai community is significant in eradicating illegal logging crimes. Criminal law regulates the provision of criminal sanctions against individuals and groups who commit illegal logging. The same thing also applies to the local wisdom of the Manggarai community, namely the roko molas poco ritual that the taking or utilization of timber forest products must not conflict with the ritual; if it conflicts, then it will be subject to customary fines. Based on this explanation, not only national law has a role in combating illegal logging, but local wisdom law also has a role.

AGI crimes? The role of criminal law in mitigating existential risks posed by artificial general intelligence

AbstractThe recent developments in applications of artificial intelligence bring back discussion about risks posed by AI. Among immediate risks that need to be tackled here and now, there is also a possible problem of existential threats related to Artificial General Intelligence (AGI). There is a discussion on how to mitigate those risks by appropriate regulations. It seems that one commonly accepted assumption is that the problem is global, and thus, it needs to be tackled first of all on an international level. In this paper, I argue that national criminal laws should also be considered one of the possible regulatory tools for mitigating threats posed by AGI. I propose to enact AGI crimes that complement the varieties of legal responses to existential risks that might motivate and speed up further regulatory changes.

From sodomy to homosexuality: the role of criminal law in Filippo Maria Renazzi’s Rome between the Enlightenment and the Napoleonic Era

ABSTRACT Throughout the nineteenth century, significant transformations took place in the understanding of Western homosexuality, shifting from the domain of criminal law to that of medical science. This article explores the role of European legal thought in laying the groundwork for such changes, particularly starting from the mid-eighteenth century. Examining the contributions of the Roman jurist Filippo Maria Renazzi (1745–1808), this research emphasizes his role among the thinkers who lived through the transition from the European ius commune tradition to the era of criminal codes. Renazzi, a conservative university professor in papal Rome, not unfamiliar with Enlightenment discussions, penned a successful criminal treatise in Latin between 1773 and 1786. His expertise was also in demand during the subsequent development of the criminal code for the Napoleonic Kingdom of Italy. By focusing on the figure of Renazzi, still not extensively studied, this article attempts to shed light on the transition towards the general decriminalization of non-reproductive carnal offenses, including sodomy. In the new penal code project, only acts committed against the will of others and public order remained generically condemned. This underscored the indifference of criminal law towards penalizing behavior that medicine would subsequently come to recognize as an inherent identity.

THEORETICAL FOUNDATIONS OF CRIMINALISATION AND DECRIMINALISATION OF ACTS IN THE FIELD OF ECONOMIC RELATIONS

The subject of the study is the public relations of criminalisation and decriminalisation of acts in the sphere of business-economic relations. Methodology. The methodological basis of the research is the method of induction and deduction, the dialectical-materialist method, the method of analysis and synthesis, the historical method, which allowed an objective understanding of the content and essence of the studied issues. The purpose of the article is to analyse the theoretical aspects of criminalisation and decriminalisation of acts in the sphere of business-economic relations in Ukraine in order to propose effective ways to improve the mechanism of these procedures in relation to business entities. The results of the study have shown that criminalisation and decriminalisation of economic activity in the economy of Ukraine as a vector of criminal policy and the direction of economic development of the state presupposes the formation of an effective model of interaction of economic entities among themselves and with the state, which minimises the commission of socially dangerous acts, meets the modern needs of society and is regulated by the norms of law. Conclusion. The importance of a systematic approach to decisions on criminalisation and decriminalisation of economic crimes was noted. It is argued that it is necessary to create a model of lawful behaviour in the economic sphere (the task of regulatory legislation) and to categorise deviations from this behaviour according to the degree of danger to the public, with the most dangerous acts being criminal offences. It is noted that the use of this approach will allow achieving the maximum corrective effect: the development of the Ukrainian economy and its eventual decriminalisation. It is emphasised that the role of criminal law in the regulation of socio-economic relations is far from leading. At the same time, the removal or installation of certain barriers for entrepreneurs cannot be considered as the ultimate goal of criminalisation or decriminalisation of acts in the field of business in criminal law. It is stated that criminal law should pursue the achievement of its preventive objectives, including in the fight against the black economy. The decriminalisation of offences against the economic order should be accompanied by changes in regulatory legislation in the direction of simplifying its requirements for business entities. Situations are unacceptable if, on the one hand, the rules and procedures for carrying out economic activities are complicated by regulatory legislation and, on the other hand, criminal liability for violating strict rules is eliminated. This leads to a very negative result: restrictions are circumvented because there is no responsibility for violating them.

The Role of Criminal Law in Overcoming Negative Content on Social Media : A Perspective on Information Law And Electronic Transactions

The Electronic Information and Transaction Law (UU ITE) in Indonesia has become the legal basis for overcoming negative content on social media. The ITE Law aims to regulate and supervise electronic transactions and provide legal protection for users and electronic service providers. Regarding the problems studied in this study, the authors chose the following approach: 1) statutory approach, 2) analytical approach, 3) conceptual approach, and 4) case approach. In this way, we can conclude that Law Number 19 of 2016 concerning Information and Electronic Transactions has a role in being able to ensnare perpetrators of uploading negative content on social media as a criminal element for uploads in the form of decency.

Law Enforcement of Corruption Crime Abuse of Hospital Medical Devices by State Civil Apparatus

This study aims to determine (1) the Corruption Criminal Law Policy on the Misuse of Hospital Medical Devices by State Civil Apparatuses. (2) The role of the government in the prosecution of corruption crimes involving the misuse of hospital medical devices carried out by state civil apparatus. The preparation of this thesis uses an empirical legal approach, in which the author looks at law in its real sense and examines how the law works in society.With this research, it is concluded that: The role of criminal law in dealing with criminal acts of corruption in the form of abuse of hospital medical devices committed by the state apparatus is contained in Articles 8, 9, 10, 11, 12, 12B, and Article 23 of the Corruption Law (which adopted Articles 421, 422, 429, and Article 430 of the Criminal Code). The criminal act of corruption for civil servants and/or state administrators is a criminal act of corruption that can only be committed by people who are qualified as civil servants or state administrators.The role of law enforcers in the enforcement of corruption crimes in the abuse of hospital medical devices begins with the submission of reports originating from individuals, community organizations and non-governmental organizations, state institutions and government institutions, and information reports from the internal police, which will then be carried out by an investigation process with the assistance of the police and the Attorney General's Office. If the case file submitted by the investigator is deemed complete and the case can be prosecuted by the public prosecutor, then the public prosecutor then makes an indictment.

The Law Enforcement of Corruption Crime Abuse of Hospital Medical Devices by State Civil Apparatus

This study aims to determine (1) the Corruption Criminal Law Policy on the Misuse of Hospital Medical Devices by State Civil Apparatuses. (2) The role of the government in prosecuting corruption crimes involving the misuse of hospital medical devices carried out by state civil apparatus. The preparation of this thesis uses an empirical legal approach, in which the author looks at law in its real sense and examines how the law works in society. With this research, it is concluded that: The role of criminal law in dealing with criminal acts of Corruption in the form of abuse of hospital medical devices committed by the state apparatus is contained in Articles 8, 9, 10, 11, 12, 12B, and Article 23 of the Corruption Law (which adopted Articles 421, 422, 429, and Article 430 of the Criminal Code). Corruption for civil servants and state administrators is a criminal act that can only be committed by people qualified as civil servants or state administrators. The role of law enforcers in the enforcement of corruption crimes in the abuse of hospital medical devices begins with the submission of reports originating from individuals, community organizations and non-governmental organizations, state institutions and government institutions, and information reports from the internal police, which an investigation process will then carry out with the assistance of the police and the Attorney General's Office. If the case file submitted by the investigator is deemed complete and the public prosecutor can prosecute the case, then the public prosecutor makes an indictment.

The Role Of Criminal Law In Protecting The Human Right In Digital Privacy

The Role Of Criminal Law In Protecting The Human Right In Digital Privacy

Role of Criminal Law in Falsification of Covid-19 Vaccine Certificates

Role of Criminal Law in Falsification of Covid-19 Vaccine Certificates

Criminal Aspects of Medical Errors

In this paper, we focus on the importance and role of criminal law in sanctioning medical errors. Bearing in mind that criminal acts are the result of irresponsible, inappropriate or insufficiently careful behaviour of medical staff during the treatment, there are difficulties in proving them in criminal proceedings. Due to the complex causality and sensitiveness of this problem, there is a need for a detailed analysis of the relevant provisions of the Serbian Criminal Code. In this regard, our goal is a comprehensive review and assessment of the quality and efficiency of current legislative solutions. The court practice in the matter was also the subject of the analyses, so we tried to identify points of disagreement in the court’s interpretation of legal provisions. Subjective elements of the legal definition of the basic form of the offence are particularly examined. We concluded the paper with recommendations for the improvement of legal solutions de lege ferenda.

Фальсификация реестра компаний по уголовному закону России, Великобритании и США: сравнительное исследование

The article examines the current criminal law prohibitions on falsification of registers of legal entities adopted in the Russian Federation, the United Kingdom, and the United States (at the federal and state levels). The topic of the article seems to be relevant, since such a study allows carrying out a wider - through contrast and comparison of existing regulations - study of the advantages and disadvantages of domestic experience in legal regulation and, if necessary, putting forward proposals for borrowing foreign countries' experience. The degree of scientific elaboration of the topic is low; Russian lawyers have not previously conducted similar studies. At the same time, crimes in the sphere of economic activity under Anglo-American law were studied earlier by N.E. Krylova, N.N. Polyansky, E.V. Chuprova, and other domestic researchers. Thus, the novelty of the article consists in the fact that it is the first Russian-language comparative legal study of the criminal falsification of the register of legal entities under the law of the Russian Federation, the United Kingdom, and the United States. The author of the article compares the norms of criminal law of the Russian Federation, the United Kingdom, and the United States, particularly focusing on the criminal law regulation of the falsification of the register of companies under the law of different states. The basis of the methodology is a combination of general scientific and specific legal research methods. The general scientific methods are: analysis, analogy, induction, interpretation, and others. The main specific legal methods are: the comparative legal method and the formal legal method. At the beginning of the article, the author gives introductory provisions on the role of criminal law in the protection of public relations in the field of economic activity and indicates the problem of the lack of scientific development of the topic. In the main part, the author analyses the criminal law prohibitions in force in the Russian Federation, the United Kingdom, and at the federal level and at the level of individual states in the USA. In the final part of the article, the author presents the main conclusions of the study. The article has theoretical and practical significance. Thus, the conclusions of the article enrich the scope of theoretical knowledge about the criminal law of the United Kingdom and the United States on the analysed criminal law prohibitions. With regard to the practical plane, the conclusions of the article can become the basis for future changes in Russian legislation.

Sex Must Be Voluntary: Sexual Communication and the New Definition of Rape in Sweden

AbstractMany countries are in the process of replacing outdated sex offense regulations with laws that accurately correspond to late modern ideas about gender equality, sexual self-determination, and consensual sex. One example is Sweden, where a law that defines rape based on a criterion of nonvoluntary participation entered into force in 2018. This article analyzes the representation of rape in the new law and legal discourse in Sweden, and shows that rape is represented as a matter of choice and communication in sexual situations. Further, the new rape law is coupled to an emerging problem within such disparate spheres as public health, social media campaigns, sexual education, and gender studies; namely, the problem of sexual communication and gray zones in sexual encounters. To understand this new representation of rape, further exploration is suggested both into the effects of sexual violence being framed as a matter of individual choice, consent, and communication in late modernity and into the role of criminal law in the era of thin normativity. The article concludes that the new rape law sends a clear message about what sex should be—namely, something voluntary—but does not accurately describe the crime and the conduct that deserves criminal censure.

CRIMINISTRATIVE LAW: DEVELOPMENTS AND CHALLENGES IN INDONESIA

The borderlines between core criminal law and administrative law developed in such a way that it became increasingly difficult to draw a clear and a firm category while dividing line between those. The category of a measure as administrative or criminal is far from being theoretical as it preconditions the applicable legal regime and especially the level of procedural safeguards benefiting to those sanctioned. This paper is questioning the gray area belonging to something in between criminal and administrative law and discussing the rule and the role of criminal law and administrative law in action when the later comprehend punitive administrative sanctions. Several circumstances need to be considered in order to determine the appropriate sanction to fill the gap. This article also suggests the use of “una via principle” as an approach to unpack the gray area in the role of criminal and administrative law, specifically in tax law case.

Interrogating the Criminalisation of Same-Sex Sexual Activity: A Study of Commonwealth Africa

The Abrahamic faiths and received colonial law have been identified as the driving force behind the criminalisation of homosexual activity in most of the Commonwealth States of Africa. This article, therefore, seeks to question the role of criminal law in proscribing sexual activities amongst consenting adults of the same gender in Commonwealth African states. A recurring question in the paper is the propriety of criminalising a consensual conduct amongst consenting adults in private when no harm or injury is done to other citizens or the state in line with JS Mill’s principle of harm. The article finds that the misconception that the main aim of criminal law is to legislate the moral values of the majority, forms support for the view that homosexuality can be learned and unlearned and if this is the case, a paternalistic approach by the state would help mould citizens’ behaviour. A comparative and case study approach was adopted for the discussion in the article. Four Commonwealth African states, namely, Ghana, Kenya, Nigeria and Uganda were selected as case studies. The article recommends a much more robust approach for the support of sexual minorities in the Commonwealth.

Perspektif Sanksi Pidana Kurator Menurut Hukum Kepailitan

Introduction: Some bankruptcy cases eventually evolve into criminal matters when a bankruptcy curator who is responsible in handling and administering bankruptcy case is positioned as defendant charged for conducting criminal acts.Purposes of the Research: The purpose of writing is to find out and analyze the perspective of curator criminal sanctions according to bankruptcy law.Methods of the Research: Normative juridical research, namely an approach based on legal materials by examining concepts, legal principles and legislation related to this research.Results of the Research: Criminal sanctions for non-independent curators aimed at preventing the curator from committing criminal acts in the course of the execution of the duty and maintenance tasks. Here, the role of criminal law is as a guardian of the norms that exist in the Law on Bankruptcy related to the duties and responsibilities of the curator. In order for a curator or committee before declaring his willingness to accept the duties and responsibilities of the consequences of the bankruptcy verdict or the postponement of the debt obligation obligation (PKPU) really ensure that he will not commit a disgraceful act of.

A Proposal for Criminal Liability for Breach of Due Diligence Obligations: the European Conflict Minerals Regulation as an Example

In recent years, the international community has adopted standards aimed at encouraging States to promote the development and implementation of human rights compliance programmes by companies. This has been the case for conflict minerals, where soft law recommendations have been translated into a European Union (EU) hard law standard that sets out several due diligence obligations for importers of certain minerals or metals. This article will examine the origin of the EU Conflict Minerals Regulation and outline the type of compliance and due diligence obligations imposed on EU importers. It also reflects on the role of criminal law as a means of sanctioning the most serious violations of these new due diligence obligations such as traceability and transparency.

Scientific concepts and legal terminology and their role in criminal law

The article is devoted to the analysis of scientific concepts and legal terminology of criminal legislation, the identification of their relationship and role in lawmaking in the development and adoption of quality in form and perfect in content laws on criminal liability. The logical structure of criminal law concepts (content and volume) and their industry types are considered: specific, generic, evaluative concepts and categories as fundamental concepts of law; developed the basic rules for their determination and consolidation in the text of the law. The basic requirements (quality parameters) that are presented to legal terms are identified, with the help of which the law on criminal liability defines legal concepts that comprise the content of legal norms, legal structures and other legal formations that are components of this law. The proposals aimed at improving the form and content of criminal law are formulated.The problems of scientific concepts and legal terminology considered in the article, their analysis and formulated proposals are aimed, as a whole, at improving legislative activity on the development and adoption of high-quality criminal-form laws in form and perfect in content. Legal concepts and legal terminology - organically interconnected phenomena of criminal law - are specifically logical and linguistic means of displaying and consolidating verbally in criminal liability laws (in their norms, legal structures, other regulatory legal conditions) subject to legal regulation formations) of phenomena (objects) of reality that are subject to criminal law regulation. The deeper the legal concepts are developed, the more perfect the legal terminology used in the text of the law, the better the positive law, which should be objectively capable of optimally regulating public relations in the field of criminal law.

프로포폴 남용 범죄화와 형법의 역할

프로포폴 남용 범죄화와 형법의 역할

State Formation, Criminal Prosecution and the Privy Council in Restoration Scotland

Abstract Historians have begun to think about the emergence of the early modern ‘state’ in complex and creative ways, far from the conventional focus on overweening central bureaucracies. One component of this discourse is the role of criminal law and criminal prosecution, which, it has been argued (particularly by English scholars), assisted state-forming processes by providing a universal interface between ruler and ruled, and by demarcating common patterns of behaviour. This paper attempts to apply these ideas to the case of early modern Scotland—whose decentralised legal system and reputation for judicial barbarity has tended to discourage research—through detailed analysis of the judicial activities of the Privy Council. Focusing on the reigns of Charles II and James VII & II, the paper assesses the Council’s theoretical competence as a criminal court, and also reconstructs its day-to-day activities in terms of the kinds of cases tried, the varieties of punishment imposed, and the use of alternative mechanisms such as judicial commissions. The paper argues that the Restoration Privy Council was clearly able to utilise its judicial powers as a state-building tool, despite the general diffuseness of judicial authority in Scotland. It is suggested, therefore, that the Scottish data confirms the utility of criminal prosecution in early modern projects of state formation, underlining historians’ need to conceptualise the process in broad, multi-faceted terms.