Suchergebnisse

Colombia does not have a structured and defined Criminal Policy; on the contrary, the only thing that is found with respect to this theme are varied statements of the Constitutional Court, which make it possible to clarify that all those materialized measures, especially in penal, penal process, and prison legislation; such as categorization of crimes, behavior modification, increase of penalties, among others; are Criminal Policy. Now then, the objective of this article is to convey the legal insecurity which involves subjecting the Principle of Opportunity to a State Criminal Policy which does not enjoy solid bases, even more so when the application of this Principle involves broad legalconsequences. We make it clear that this article is part of a dissertation thesis titled "Principle of Opportunity in Colombian Criminal Law" as a requirement to qualify for a law degree ; Colombia no posee una politica criminal estructurada y definida; por el contrario lo unicoque se encuentra con respecto al tema son variadas manifestaciones de la Corte Constitucional,que permiten dilucidar que todas aquellas medidas, materializadas especialmenteen la legislación penal, procesal penal y carcelaria, tales como tipificación de delitos, modificaciónde conductas, aumento de penas, entre otros, son política criminal. Ahora bien,el objetivo del presente artículo es dar a conocer la inseguridad jurídica que implica sujetarel principio de oportunidad a una política criminal del Estado que no goza de bases sólidas,?mas cuando la aplicacion de este principio envuelve amplias consecuencias juridicas.Hacemos claridad en que el presente artículo forma parte del trabajo de grado para optaral título de abogadas "Principio de Oportunidad en la Legislación Penal Colombiana".

This study address one of the important issues recently raised "The criminal responsibility of the rumors promoters through social networks". Many people who visit social networks do not realize the negative effect of their rumors, or know the extent of criminal responsibility which may fall upon them as a result of these rumors. This issue has been addressed to know what the Islamic rules, with regards to Islamic legislations and Jordanian law. In order to address that issue, this study includes several aspects, such as: types of rumors and the negative effects of rumors. Also it explain the position of theology and Islamic of rumors and the suitable punishment for them. Finally, the study revealed the position of the Jordanian law of rumors and the suitable punishment for its promoters in the Jordanian Penal Code, the Jordanian Cybercrime Law and Press and Publications Law. The study revealed the most important restrictions for information promoters through social networks and the restrictions of the information received

The article conducts a comparative criminal law investigation to ensure freedom of religion in Ukraine and some countries. The subject of the study is a person's right to freedom of religion guaranteed by the Ukrainian Constitution. In conducting this research, a comparative legal method was widely used, which allowed a two-tier analysis (empirical and theoretical) of the legal systems of Ukraine and some foreign countries in terms of ensuring freedom of religion under criminal law, to identify the originals and specific manifestations of such support, to determine the patterns of development of each country's criminal law. As a result of the investigation, some gaps and advantages of Ukrainian law were identified in terms of criminal law guaranteeing the right to freedom of religion. Itstates that Ukraine's modern criminal law generally complies with international standards for the protection of citizens' constitutional right to freedom of religion, but there are some shortcomings in terms of unequivocal understanding of the elements of crimes that violate freedom of religion, which are worth discussing.

Like other contributors to this Nova Scotia issue of the Law Journal I was asked to comment upon any interesting developments, whether in cases or legislation, that had occurred in a particular area of law, in my case criminal law, since the time of the last "round-up". 1 When I began I intended to do as I had been asked; and there were, indeed, a number of matters which I felt to be worthy of comment. 2 1 was waylaid, however. I came across a case in which the Appeal Division of the Nova Scotia Supreme Court took a position which so strongly offended my "sense of injustice" that I abandoned my former efforts and decided to focus on the issues which the Court's position raises. The decision to which I refer is Dunn v. The Queen;3 the position which I will analyze concerns mistake of law.

Background. The purpose of the article is to investigate the objective and subjective characteristics of public calls for genocide as a criminal offense (crime) provided for in Part 2 of Art. 442 of the Criminal Code of Ukraine, and in international criminal law. Methods. To achieve the set goal and defined tasks, the logical-normative method and the system analysis method formed the basis of the research. Results. The article highlights the problem of the ratio of normative compositions of public calls to genocide in the criminal legislation of Ukraine and in international criminal law. Сonclusion. The conclusion was drawn that the existence of national, ethnic, racial and religious groups, as a social value, is the object of criminal protection of public calls for genocide, and, accordingly, the direct object of this crime. It was concluded that public calls for genocide can be made in different forms and by means of any means of information transmission, the main feature of such a call is publicity, that is, expressed before or given to an indefinite number of persons, and not to a set of individualized persons. The conclusion was formulated that, unlike the criminal legislation of Ukraine, in accordance with Art. 3 of the Convention criminalizes not just public calls for genocide, but direct and public calls for genocide. Therefore, in international criminal law, calls for genocide are "not limited" to publicity, but they (calls) must be direct. It has also been investigated that the distribution of material calling for genocide consists in bringing its content to the knowledge of an unspecified number of persons and can exist in various forms (including paper, digital, globally available multi-platform encrypted freemium cloud messengers, on film or any other media built on the technology of recording, processing, transmission, storage and reproduction of textual, visual or audiovisual material) and spread in different ways depending, first of all, on the form of their "existence". Forms of actions regulated in Part 2 of Art. 442 of the Criminal Code of Ukraine, are broader than in international criminal law and do not exclude each other, and in a relevant life situation, the subject can commit two or three acts at once within the limits of one actual criminal offense (crime). The subject of public calls for genocide can be not only a public or well-known person (for example, so-called "opinion makers" or "media faces"), but in general, any person who meets (possess) the characteristics necessary and sufficient for its recognition as the subject of a crime in accordance with criminal legislation. In the national criminal legislation of Ukraine, the presence of the purpose of further committing genocide in the case of public appeals and distribution of materials is not a mandatory element of the composition of the criminal offense provided for in part 2 of Article 442 of the Criminal Code of Ukraine; in international criminal law and the practice of its application, a different approach has been developed: a special goal – the further commission of genocide – is a mandatory characteristic of direct and public calls for genocide.