Scope Of Punishment Research Articles

특정건축물 정리에 관한 특별조치법의 개선방안에 관한 소고

The “Legalizing Specific Building by Special Measure Act” (abbreviated as the “Specific Building Legalization”) is a temporary law that allows for the legalization of small residential violating buildings under specific conditions through using approval. The “Specific Building Legalization” mandates on-site investigations to determine whether a building qualifies as a specific building, even if the investigators are not experts in the fields of construction, safety, and machinery. To ensure professional and safe using approval, it is necessary to address the issues of lax on-site inspections by introducing a system involving engineers in specialized fields and specialized civil servants. One of the concerns is related to the setback regulation from north side of the building to secure sunlight, which could unintentionally lead to illegal expansion through the formation of verandas. This setback regulation from north side needs to be reconsidered to avoid potential violations of legal fairness. Additionally, the law provides an exemption from the obligation to create an additional parking lot when the building's area increases at the time of using approval under the “Specific Building Legalization” through the 'Special Exception for Establishment of Attached Parking Lot.' Instead of granting special exemptions for parking lots, an alternative plan should be developed to maintain legal fairness. Upon the enforcement of the “Specific Building Legalization”, there should be a plan to increase awareness and establish an application support system to prevent exclusion from the designation of specific buildings due to lack of recognition or ignorance of the law. Furthermore, there is a need to prevent the proliferation of residential violating buildings, especially right before the law comes into effect, by excluding recently constructed buildings that have been using approved for less than two years from being considered as specific buildings. Despite being a temporary law, building owners, contractors, and executors seem to expect repeated enforcement and continue constructing small residential violating buildings. To address this issue, continuous additional enforcement of the “Specific Building Legalization” should be prevented, and administrative penalties for violating buildings built after the enforcement should be strengthened. The scope of punishment should also be expanded to include constructors and implementers. Overall, refining and addressing these concerns will be crucial to ensuring the effective and fair implementation of the “Specific Building Legalization” while promoting safety and compliance with building regulations.

Criminal law sanctions for misappropriation, embezzlement or seizure of property through abuse of office

The concept of criminal law sanctions has been analysed, the classification of criminal law sanctions for misappropriation, embezzlement or seizure of property through abuse of office has been studied, and the peculiarities of building criminal law sanctions for crimes under Article 191 of the Criminal Code of Ukraine have been revealed. It has been concluded that a sanction is a mandatory component of an article (or part of an article) of the Special Part of the Criminal Code of Ukraine which contains a model of the type and scope of punishment which is adequate to the social danger of a criminal act. The sanction reveals the legal aspect of criminal punishment, indicating its type and scope, while acting as a model of criminal punishment provided for the crime.
 One of the most important and necessary prerequisites for the court to determine the lawful and, therefore, appropriate punishment is strict compliance with the requirements of Article 65 of the Criminal Code of Ukraine on imposing punishment within the limits established in the sanction of the article of the Special Part providing for liability for the crime. Taking this requirement into account implies that in each particular case the court should be guided by the types and amounts of punishment provided for by the relevant sanction of the criminal law, as well as by the provisions of the General Part. This means that the sanction must be mandatory.
 The law should, of course, give judges a choice so that the sentence can be appropriate to the gravity of the offence and the person involved. However, this should not go beyond the limits of social justification and undermine the general deterrent function of criminal sanctions. Therefore, a judge must clearly know the rules by which he or she can assess the significance of a particular circumstance in order to determine the amount of punishment. This is the approach used in the draft CC of Ukraine.

Shaming the Untrustworthy and Paths to Relief in China’s Social Credit System

China’s social credit system (SCS) formalizes reputational regulation, thereby challenging traditional remedial paths. It adds trust assessments and their dissemination to the regulatory repertoire of Chinese state agencies across all realms. This use of adverse publicity, however, entails the loss of the agency’s control over the scope and intensity of the punishment as the punitive action is realized by information recipients, rather than the agency itself. Traditional legal controls are not fit for shaming. We map how the SCS innovates public regulation by implementing a strategy for regulatory shaming from the central level. In a second step, we discuss its consequences, specifically, how undue damages are remedied. Legal remedies for social credit shaming measures are regularly denied, as their position in the law is unclear. Other existing remedial channels likewise do not consider the particularities of shame sanctions such as irreversibility. Social credit reputational regulation might best be controlled by formulating an agency practice that retains control over the scope of punishment.

Sanctions in the system of criminal legal means of security activities protection

The article considers and analyzes the sanctions of the articles of criminal legal norms, which provide liability for criminal offenses against security activities. Emphasis is placed on the complexity of the researched issues, as the theory of criminal sanctions has not been developed yet; there are no clear principles and general rules for creating the limits of sanctions.
 The opinion of scientists on the institution of punishment in the criminal legislation of Ukraine is analyzed there. Punishment in its content is a statutory restriction of certain rights and freedoms of the convict. Depending on the specific type of punishment provided for in the sanction of the article of the Criminal Code of Ukraine, such a restriction may apply to certain personal, property and other human and civil rights and freedoms provided by the Constitution of Ukraine.
 It is stated that the sanction is a mandatory component of the article or part of the article of the Special Part of the Criminal Code of Ukraine, which is a model of the type and scope of punishment, proportional to the public danger of a criminal offense under the current Criminal Code.
 It is noted that sanctions for criminal offenses against security activities do not always adequately reflect the nature and degree of public danger of acts, as well as the design features of the dispositions of criminal legal norms.
 It is concluded that the analysis of sanctions of articles of the Criminal Code of Ukraine, in particular, sanctions aimed at protecting security activities, shows that there are certain shortcomings that must be eliminated by the legislator.

Dopuszczalność orzeczenia przez sąd odwoławczy wyrokiem łącznym kary łącznej po raz pierwszy albo orzeczenia jej w zakresie innym niż orzekł sąd pierwszej instancji. Glosa do uchwały składu 7 sędziów Sądu Najwyższego z dnia 28 czerwca 2018 r. (I KZP 3/18, OSNKW 2018, nr 8, poz. 55)

<p>The commentary raises the problem of the admissibility of the issuing cumulative penalty in cumulative judgement by appeal court for the first time or issuing that penalty within the different scope of punishment, from the perspective of the power to alter decisions of a court of the first instance, the principle of two-instance court proceedings, access to court and the right of defence. By discussing the essence of the constitutional and convention provisions, the author attempts to answer the question what the scope of the appeal court’s power is to alter cumulative judgement issued in the first instance, by concluding that neither Article 176 (1) of the Polish Constitution, nor Article 6 of the European Convention on Human Rights (ECHR) and Article 2 of Protocol no. 7 to the ECHR supplementing its content, as well as Article 14 (5) of the International Covenant on Civil and Political Rights in principle stand in the way of such an approach, which should be reflected in the process of interpretation of Article 437 (2) of the Code of Criminal Procedure. However, in the author’s opinion, doubts arise, from the perspective discussed above, if the appellate court were to take into account, when imposing the cumulative penalty, a unit judgement unknown, for various reasons, to the court of first instance, to which a special part of the considerations and critical remarks is devoted.</p>

Double Jeopardy’s Dual Sovereignty: A Tragic (and Implausible) Lack of Humility

The core proposition of the Fifth Amendment’s Double Jeopardy Clause is as intuitive as it is straightforward. After all, if a state could prosecute someone despite her previous conviction or acquittal, then the scope of punishment would be unlimited and its threat unending—the sort of proposition only a tyrant could love. Yet, in Gamble v. United States, the Supreme Court once again blessed a dual sovereignty exception that permits just such duplicative prosecutions. We hardly are the first to question this rule, but we submit the Court’s most recent primary mistakes were two. First, the Court began from a conception of constitutional community contrary to our Framers’ own; and when one reaches for a grab bag of history, jurisprudence, and commentary, that starting point makes a difference. Second, the Court ignored both the logic of America’s founding and recent double jeopardy jurisprudence, both of which strongly counsel against the exception in the federal-state context. We hope that a future Court will be more receptive to the nation’s constitutional structure and to the genuine but limited needs of criminal justice.

EVOLUTION OF THE COERCIVE STRATEGY AIMED AT WORKERS OF THE SIBERIAN DEFENSE INDUSTRY IN THE LATE 1930S – EARLY 1940S

The study features the origins and development of the coercive component of the system of social and labor relations in the defense industry of the pre-war Siberia. Its goal is to identify the prerequisites and causes, the general trends and specifics of this strengthening, the essence of which was in the qualitative transformation of the personnel incentive strategy "The lower the discipline – the higher the punishment". The methodological basis of the research is the author's version of the concept defined by American historians and sociologists Ch. and K. Tilly about the three universal factors of labor motivation (reward, motivation, and coercion). According to their theory, such a strategy acted as a coercive mechanism that was enacted with the help of material, moral, disciplinary (ordinary), and criminal (extraordinary) sanctions. The methodology shows the evolution of the scope of punishment in the Siberian military industry in the period from December 28, 1938 to June 21, 1941. At the first stage (December 28, 1938 – June 25, 1940), the Soviet state made an unsuccessful attempt to adapt the ordinary practices of compulsory strategy to the policy of militarization of the economy, which resulted in an increase in the proportion of dismissed truants in the general turnover of workers. At the second stage (June 26, 1940 – June 21, 1941), the government relied on a combination of ordinary and extraordinary practices, which made it possible to reduce such disciplinary offenses as truancy and unauthorized leave. However, in Siberia this effect was less tangible due to the fact that the regional defense industry was at the stage of initial deployment, which was carried out mainly by the working youth, who had not yet acquired the norms of industrial labor culture.

A Critical Review on the Scope of Punishment of Violation of the Revised Road Traffic Act (Not Taking Measures after Accidents Occur)

A Critical Review on the Scope of Punishment of Violation of the Revised Road Traffic Act (Not Taking Measures after Accidents Occur)

Uwagi na temat charakteru prawnego dyrektywy wymiaru kary za ciąg przestępstw. Część I

The remarks on the legal character of the directive of the punishment for the series of crimesThe article considers the problem of punishment for the series of crimes. It raises the legal character of the rule of tightening the criminal responsibility as a consequence of committing crimes remaining in a confluence of events connected with the buckle of continuity. The main doubt accompanying such evaluation is connected with the answer to the question if the legal effects within the scope of punishment resulting from the art. 91 § 1 of the Penal Code express ordinary or extraordinary punishment. The dispute about the legal nature of the consequences resulting from that regulation has not only the theoretical-legal dimension. Accepting one of those options causes far-reaching legal consequences within the sphere of the application of the law practice. It decides about the scope of the legal responsibility and determines the relations with other statutory premises that modify its limits. In this context there are also the remarks considering the conditions of accepting the set of principles, resulting from art. 57 of the Penal Code, reforming those limits with the rule of punishment for the series of crimes. The analysis taken in the elaboration takes up the problem of the punishment for the continuous act defined in art. 12 of the Penal Code. Taking into consideration that this institution derives from the same, as the series of crimes, structure of the continuous act of crime that was in the Penal Code from 1969 the basis of the extraordinary tightening the punishment, there comes the question, whether resigning from modifying the principles of legal responsibility for the continuous act of crime can lead to an impression of the dissymmetry of penalty of both structures is the reasonable and rational solution.

The Extent of the Scope of Punishment

The Extent of the Scope of Punishment

Sexual Harassment at Workplace: Revisited

The problem of sexual harassment is not new to India. Sexual harassment is a behaviour with a sexual connotation that is abusive, injurious and unwelcome. It places the victim in an environment of intimidation, humiliation and hostility. Sexual harassment is extremely widespread and can be highly damaging and distressful for women especially at workplace. Sexual harassment cases have made news headlines in nation with the Supreme Court coming up with Vishaka guidelines and State as a custodian of the Constitution bringing in the Sexual Harassment of Women at Workplace Act, 2013, on one side while harassers continuing with their ‘acts and advances ’on the other. Along with the introduction of the Act, relevant changes were introduced in Criminal Procedure Code and Indian Penal Code through Criminal Law Amendment Act, 2013 to widen the scope of punishment of offence of sexual harassment. The Sexual Harassment of Women at Workplace Act, 2013 further clarified organisations that were included within the scope of the Act as well as provided for time bound and speedy enquiry provisions. The rules that came on 9 December, 2013 gave clarity regarding the manner in which complaints had to be filed, constitution of Internal Complaints Committee (ICC) and its role & powers and people who were competent to be members of ICC. Also, Act provided for time frame within which enquiry report had to be handed over along with the time limit within which enquiry report had to be implemented by the employer. Sexual harassment takes place in a relationship when such relationship is unequal in power, and abuse of such power is done by the superior employee with the subordinate who becomes victim. Human resource (HR) professionals need to play a key role, first, to create an environment where healthy relationship may be maintained between superior males and subordinate female's, and second, to create retaliation free work environment in organisations when such complaints are made. The paper discusses the recently constituted Act, Amendments made as well as relevant case laws along with the role that HR professionals need to play to ensure creation of gender sensitisation within the organisation, zero tolerance towards sexual harassment reporting and creation of a healthy, positive and hostile free work environment.

가치중립적 프로그램의 제공과 형사책임의 한계

Abstract The problem of the cases of Soribada and Winny is their duplexity that they could be used legally and illegally. The issue called 'The crime of aiding through the neutral behavior' is about whether the program developer who shared the file sharing program letting unspecified public infringe the copyright could be punished or not. Many theories about limiting the traditional scope of punishment of aider have been maintained. However, it is questionable whether it is possible to limit the scope of punishment following the former cases and theories even for the action that is causal and facilitates the principal's criminal conduct, like the aid through the neutral action which is hard to perceive as illegal aid because of its characteristics. Therefore, using the case of Soribada in Korea and the case of Winny in Japan as the examples of illegal aid through neutral behavior case, this paper examines the characteristics and problems of aid through existing theories and cases, and suggests new scope of punishment limitation standard through the elaboration of the action of aid and judgment of degree.

A Critical Review on the Scope of Punishment for Quasi-Robbery

A Critical Review on the Scope of Punishment for Quasi-Robbery

The scope of punishment: an economic theory

The harm caused by many acts is not certain but probabilistic. Current public enforcement of the law combines harm-based sanctions (usually in criminal law) with act-based sanctions (very common in administrative law and regulation). We propose an economic theory of the choice between harm-based and act-based sanctions in public enforcement. The efficiency of act-based versus harm-based sanctions is analyzed and a typology of the determinants is drawn up. Our model suggests that harm based sanctions are more efficient when (i) acquiring information about the act is important, (ii) engaging in harm avoidance activities is advisable, (iii) judgment-proofness is not a very significant problem, (iv) punishment is especially costly, (v) changes in law are expensive or difficult to negotiate and (vi) on average, potential criminals are better informed than the government about losses for society. Legal policy implications are discussed.