Suchergebnisse

Este trabajo consiste en un análisis político-criminal de la reforma que hacia fines de 2016 efectuó la ley 27.304 al art. 41 ter del Código Penal, en cuanto implicó extender la aplicación de la figura del arrepentido a los delitos cometidos en casos de corrupción. Se trata de un abordaje que se centrará en el estudio de los componentes políticos de la reforma por sobre los estrictamente jurídicos. De ese modo, se efectuará una primera aproximación a la corrupción y al contenido de la modificación legislativa para finalmente y como eje de la propuesta, analizar los contenidos político-criminales de la ley y de la figura del arrepentido tal cual está redactada en la actualidad.

The issue of penal politization has been cited by Dionysios Spinellis in his presentation concerning Top hat Crimes in Penal Law Summit XV of 1994. Application of penal law in the so-called malpublic administration', refers to the three main issues in penal law. First, forms of ‗malpublic administration actswhich have been formulated as criminal act (criminalization process). Second, legal subjects that are liable for malpublic administration'. Third, kinds and forms of sanctions applicable to the ‗malpublic administration' deeds (penalization process). Camus acknowledged justification of penalization to offender, but this penalization should not eliminate hir or her human power in obtaining new values and new adaptation

The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first and most celebrated of a wave of international criminal tribunals (ICTs) built in the 1990s designed to advance liberalism through international criminal law. Model(ing) Justice examines the case law of the ICTY to make a novel theoretical analysis of the structural flaws inherent in ICTs as institutions that inhibit their contribution to social peace and prosperity. The book proposes a seminal analysis of the structural challenges to ICTs as socially constitutive institutions, setting the agenda for future considerations of how international organizations can perform and disseminate the goals articulated by political liberalism.

In Punishment and Citizenship, Milena Tripkovic develops a normative theory of restrictions to electoral rights of criminal offenders. Arguing that disenfranchisement is not punishment but a citizenship sanction, she examines what duties criminals owe to their polities.

A lively, up-to-date overview of the newest research in biosocial criminology. What is the relationship between criminality and biology? Nineteenth-century phrenologists insisted that criminality was innate, inherent in the offender's brain matter. While they were eventually repudiated as pseudo-scientists, today the pendulum has swung back. Both criminologists and biologists have begun to speak of a tantalizing but disturbing possibility: that criminality may be inherited as a set of genetic deficits that place one at risk to commit theft, violence, or acts of sexual deviance. But what do these new theories really assert? Are they as dangerous as their forerunners, which the Nazis and other eugenicists used to sterilize, incarcerate, and even execute thousands of supposed "born" criminals? How can we prepare for a future in which leaders may propose crime-control programs based on biology? In this second edition of The Criminal Brain, Nicole Rafter, Chad Posick, and Michael Rocque describe early biological theories of crime and provide a lively, up-to-date overview of the newest research in biosocial criminology. New chapters introduce the theories of the latter part of the 20th century; apply and critically assess current biosocial and evolutionary theories, the developments in neuro-imaging, and recent progressions in fields such as epigenetics; and finally, provide a vision for the future of criminology and crime policy from a biosocial perspective. The book is a careful, critical examination of each research approach and conclusion. Both compiling and analyzing the body of scholarship devoted to understanding the criminal brain, this volume serves as a condensed, accessible, and contemporary exploration of biological theories of crime and their everyday relevance. -- Provided by publisher.

This is a comprehensive study of compliance with legal obligations derived from the International Criminal Tribunal for the former Yugoslavia's (ICTY) Statute. Through the use of three models of compliance based on coercion, self-interest and norms, Christopher Lamont explores both the domestic politics of war crimes indictments and efforts by external actors such as the European Union, the United States and the Tribunal itself to induce compliance outcomes.

Imprisonment is an expansive concept, as it is regulated by laws under criminal justice system of the state. The state sets principles of punishment to control offenders and also puts limits to excess punitive control. One significant way through which it exercises control is through rules governing healthcare of imprisoned population. Prisons signify specialized settings which accommodate both medical and legal concerns. The provision of care operates within the institutional paradigm of punishment. This requires the state to negotiate adequately between goals of punishment and fulfilment of basic human rights of offenders. The present study is based on a critical analysis of prison healthcare standards in India, which include government policies and guidelines. It also demonstrates how healthcare is delivered by drawing insights from a primary study conducted in a correctional home in the state of West Bengal, India, which houses both male and female inmates. Forty women were interviewed through semi-structured interviews, followed by focus group discussions. Doctors and administrative personnel were also interviewed. Findings show how institutional practices control women through subversion of the role of doctors to prison administration. Also, poor healthcare infrastructure, unavailability of specialized services, hierarchies between personnel and inmates make prisons unlikely sites for therapeutic intervention. The paper further discusses how institutional practices foster gender-based discriminatory practices.

The article examines the issues of the objective side in crimes in the fi eld of state and municipal procurement of goods supplied by suppliers, services rendered and works performed for municipal and state needs of authorities in the light of the historical stages of development of Russia and its contract ordering system. Th e article reveals the actions of the Russian legislator in protecting economic relations in the country, eff ective countering crime in the sphere of state orders.