In Pradhan, R. (Ed.), Legal Pluralism and Unofficial Law in Social, Economic and Political Development. Papers of the XIIIth International Congress of the Commission on Folk Law and Legal Pluralism, Chiang Mai, Thailand, 7-10 April 2002. Volume 2. Kathmandu, Nepal: International Centre for the Study of Nature, Environment and Culture
The purpose of the study is to analyze the international and national legal regulation of the digital currencies circulation at the present stage, to assess the state of crime with the illegal use of these assets, to identify the features of the investigating such crimes and to substantiate proposals aimed at improving legislation and law enforcement practice. The following methods were used in the research: normative and comparative legal – in the analysis of legislation and practice of seizure and confiscation of digital currencies in different states, to identify the strengths and weaknesses of national approaches, to assess the possibility of their unification and harmonization; phenomenological – in considering the criminal trafficking in digital currency as a phenomenon that requires special methods of detection and investigation; general logical methods of analysis and synthesis, induction and deduction, methods of empirical research and analysis. It was shown that with the rapid growth of crime involving cryptocurrencies, the legislation of various states is at the stage of formation of legal regulation of the fight against its illicit trafficking: only some countries have established the status of digital currency as property, provided for the specifics of seizure, storage and sale of digital currency in criminal cases. The need to recognize digital currencies as property has been substantiated. It is shown that the seizure and confiscation of cryptocurrencies should be carried out only by court decision. The lack of special knowledge in the field of digital technology among the investigator, prosecutor and the court requires the mandatory involvement of a specialist in the proceedings on cases of crimes committed with the use of digital currency.
The author examines concepts, views, goals and ways of interpreting the law, and gives the definition and implementation of the rules of interpretation regulations. Provides that the interpretation of the law refers to activities aimed at establishing their content, to the disclosure of the will ruling social forces expressed in them. Special attention is given to the judicial interpretation and its role in ensuring the consistency of enforcement, as well as the problem of interaction of legislation and judicial practice.
Technological developments in the era of globalization bring humans into the digital age. All things will directly contact with an electronic system. And so with the data, some of the data among this world is privacy. That's why encryption is needed to be applied. Initially, encryption was used as a privacy data protector, but in its development encryption gave birth to problems in the legal field. Where criminals use encryption as a shield for their crimes. Therefore, legal issues arise, whether for reasons of government or state security can have access to one's privacy data. How does international or national law regulate the issue of using decryption of encryption technology? The method used in this paper is a juridical-normative comparative legal research method.The result shows that international law does not regulate the use of encryption in protecting privacy data in the digital world comprehensively because some of the countries claim that the use of encryption is a part of human right, on the other hands some country has another vision on national security.
This study intends to examine the legal considerations of the judges of the Supreme Court against the criminal act of corruption continued in the Supreme Court's decision number 866 K/Pid. Sus/2016. The decision stating that the convict is proven to have committed a criminal act of corruption continues, but the continued action is not stated in the consideration of the decision. The Supreme Court's decision number 866 K/Pidsus/2016 raises a big question mark regarding the legal basis for criminal prosecution for perpetrators of continuing corruption, this is because the Corruption Crime Law does not specifically regulate acts of continuing corruption. It is said to be a continuous act in a criminal act of corruption because the act is carried out continuously, both with similar crimes in corruption. Continuing action or also called Voorgezette handeling is an act (gebeuren) in which one action with another action is interrelated and becomes a single unit, the linkage must meet at least two conditions, namely the act is the embodiment of a forbidden will decision and an act that is prohibited. happen must be the same. This journal was created with the aim of being able to find out the judge's legal considerations for the criminal act of continuing corruption which was reviewed with the Ratio Decidendi Theory and the academic requirements to obtain a Master of Law degree at the Faculty of Law, Sebelas Maret University, Surakarta. The research method used by the researcher is doctrinal research with a statutory approach and a case approach. The technique of collecting legal materials used is literature study. The legal material analysis technique used is deductive data analysis.
__Abstract__ Misleading advertisements, such as for ring tones, being a typical example of an unfair commercial practice have over the past years caused substantial harm to European consumers and society. This is particularly so because in many cases the enforcement response given a legal breach is slow or does not happen at all. A discrepancy can be observed between mala fide and bona fide traders. While the latter inadvertently breach the law, rogue traders' interests lie in the short-term profit generated by illegal activity. They do not mind changing sectors and try to hide, abusing current loopholes in the legal system. The gap between both types of traders is arguably increasing and so are the profits of the mala fide traders, not least due to new technologies that facilitate their operations; most prominently the Internet. This paper deals with the efficient design of enforcement mechanisms addressing misleading advertising laws. Enforcement is crucial to induce individuals to law-abiding behaviour. Here, it is approached from the deterrence perspective. The UCP directive leaves national legislators with considerable discretion regarding the enforcement and the provisions, and institutions involved in the countries thus vary and not in all countries the optimal balance might have been struck yet. This article's goal is to add to the knowledge on design requirements for optimal enforcement solutions, particularly in terms of players that need to be involved. The two mentioned types of traders calculate with differently high benefits. Thus they are to be deterred by different means which calls for a differentiated approach in legal responses and institutions involved. Path dependency explains why no one-size-fits-all solution is available for all European Member States, and the paper aims at providing a set of design requirements that can be adapted to the respective legal system.
In The Choice Principle, Andy Olree presents an evangelical theory of hbertarianism by combining biblical arguments on government with Christian liberty to develop the Choice Principle which states: 'In the absence of explicit New Testament instruction regarding the type of law being considered, a Christian should favor only those criminal laws which restrict acts directly victimizing others and which are necessary to increase overall human Choice' (p. 147).
This book analyses the mixed courts of professional and lay judges in the Japanese criminal justice system. It takes a particular focus on the highly public start of the mixed court, the saiban-in system, and the jury system between 1928-1943. This was the first time Japanese citizens participated as decision makers in criminal law. The book assesses reasons for the jury system's failure, and its suspension in 1943, as well as the renewed interest in popular involvement in criminal justice at the end of the twentieth century. Popular Participation in Japanese Criminal Justice proceeds by explaining the process by which lay participation in criminal trials left the periphery to become an important national matter at the turn of the century. It shows that rather than an Anglo-American jury model, outline recommendations made by the Japanese Judicial Reform Council were for a mixed court of judges and laypersons to try serious cases. Concerns about the lay judge/saiban-in system are raised, as well as explanations for why it is flourishing in contemporary society despite the failure of the jury system during the period 1928-1943. The book presents the wider significance of Japanese mixed courts in Asia and beyond, and in doing so will be of great interests to scholars of socio-legal studies, criminology and criminal justice.