Suchergebnisse

AbstrakTulisan ini mengkritisi kriminalisasi oleh legislator ditinjau dari perspektif Teori Hukum Pidana. Keputusan legislator untuk mengkriminalkan suatu tindakan melalui undangundang perlu dibatasi karena sangat mempengaruhi kebebasan individu. Di negara berdasarkan pada asas the Rule of Law (negara hukum), pembatasan kekuasaan legislator bersifat niscaya. Khusus terkait dengan keputusan legislator dalam melakukankriminalisasi, bentuk pembatasan tersebut dapat dilakukan salah satunya dengan jalan membedakan antara kriminalisasi yang legitimate dengan kriminalisasi yang tidak legitimate. Melakukan pembedaan tersebut merupakan salah satu bidang kajian dari Teori Hukum Pidana dengan tujuan supaya undang-undang pidana yang dihasilkan dalam proses kriminalisasi mengandung kebenaran. AbstractThis article tries to criticize the legistature's decision to criminalize from the Criminal Law Theory perspective. The legislatures decision to criminalize needs to be limited because it has great impacts over civil liberties. According to the Rule of Law principle, the limitation over legislative power is inescapable. Specifically related to the legislature's decision to criminalize, the forms of limitation can be undertaken by differentiate between the legitimate criminalization and the illegitimate criminalization. Doing this differentiation is analytically one of the main concerns of the Criminal Law Theory in order to satisfy that the criminal law resulted from the criminalization process is really needed.

The procedural institution "sentence bargaining" for the first time was introduced into Macedonian legal system in 2010 when the new Law on Criminal Procedure (LCP), was adopted by the Macedonian Assembly. As stated in the LCP's explanation, the efforts towards the acceleration of the criminal justice system and reaching a final and enforceable judgements, shall be done by accepting models of simplified procedures, which means - by tending the judgment to be reached in the earlier phase of the criminal procedure, by endeavouring the parties to give their agreement on the sentence and by avoiding the usage of the legal remedies. In essence, besides the Reaching a judgment on the basis of a plea agreement between the Public Prosecutor and suspect (Chapter 29), the new LCP governs three additional models of accelerated procedures, i.e. Summary procedure (Chapter 28), Mediation procedure (Chapter 30) and Procedure for issuing a penal warrant (Chapter 31). Having in mind the above, the main goal of the Paper shall be to comprehensively elaborate the Macedonian legal framework dedicated to the sentence bargaining, especially the new LCP, Criminal Code and Law on Determining the Type and Meting Out the Degree of the Sentence. Also, the Paper shall give a special attention to the Judgement on the basis of a draft plea agreement reached between Public Prosecutor and one of the accused in the case publicly known as "Putsch".

Japan enacted the Law on Communications Interception During Criminal Investigations last year to help control organized crime. The legislation is, in part, a reaction to domestic and international pressure that grew from recent, well-publicized crimes such as the Aur Shinrikyo attack on a Tokyo subway. The Interception Law is a powerful tool for Japanese law enforcement, however the question of whether the Interception Law violates Japan's constitutional rights to privacy and secrecy of communication has not yet been resolved.

Exploring the legal; David Cowan and Daniel Wincott -- PART I: METHODOLOGICAL ISSUES -- 1. Debt, Death, and Redemption: Toward a Soterial-Legal History of the Turner Rebellion; Christopher Tomlins -- 2. The Concept of Law in Global Societal Constitutionalism; Ji?í P?ibá? -- 3. Portraying the Legal in Socio-Legal Studies through Legal-Naming Events; Natalie Ohana -- 4. Sex/Gender Equality: Taking a Break from the Legal to Transform the Social; Sharon Cowan -- PART II: CASE STUDIES -- 5. Fluid Legal Labels and the Circulation of Socio-technical Objects: the Multiple Lives of 'Fake' Medicines; Emilie Cloatre -- 6. Solar Panels, Home Owners and Leases: the Lease as a Socio-legal Object; Caroline Hunter -- 7. Bringing the Technical into the Socio-legal: The Metaphors of Law and Legal Scholarship of a 21st Century European Union; Paul James Cardwell and Tamara Hervey -- 8. Territory and Human Rights: Mandatory Possession Proceedings; David Cowan -- 9. Legal Technology in an Age of Austerity: Documentation, 'Functional' Incontinence and the Problem of Dignity; Helen Carr -- 10. Following the Law or Using the Law? Decision Making in Medical Manslaughter; Andrew Sanders and Danielle Griffiths -- A Sociolegal Metatheory; Andreas Philippopoulos-Mihalopoulos -- Afterword; Annelise Riles

This book explores, from various perspectives, Kant's codex of the categorical imperative and the supreme principle of morality in juxtaposition with the monopolisation of the rules of international criminal law. Kant's reference to the term 'propensity to evil in human nature' is a much more serious iniquity universally in the nature of the Security Council than the concepts of a mens rea and actus reus in criminal law. His decisive warning foreshadows that the inclinations towards self-interest, self-love, and intent in collective mens rea within the resolutions of the Security Council prevent states from striving towards the supreme maxim of a genuine international moral worth. The idea of international criminal law is, thus, viewed as a 'mirage'. Essentially, certain rules of the United Nations Charter, the system of international criminal justice, human rights law, and humanitarian law, like a fata morgana, are crucial if unattainable. The permanent members of the Security Council are deceiving the world by propagating a variety of excuses with the core objective of economic gain. This book will be of interest to anyone enthusiastic about positive law, the nature of criminal justice, classical moral philosophy, politics, and economics.

This Glossary explains the key elements required to classify corruption as a criminal act, according to three major international conventions: (1) the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, (2) the Council of Europe's Criminal Law Convention on Corruption, and (3) the United Nation's Convention against Corruption.The Glossary examines and elaborates on the requirements of the conventions and explains how they can be effectively introduced into the national legislation. The Glossary is also a practical tool for monitoring country compliance with the international anti-corruption conventions, as well as raising awareness of these conventions.