Suchergebnisse

Using the documentary research methodology, the aim of the article was to study Iran's criminal policy towards money laundering in its banking system. A number of measures have been taken in the Iranian legal system to combat money-laundering, the most important of which is the adoption of the anti-money-laundering law in 2007 and its executive regulations in 2009. With the enactment of this law, the crime of money laundering officially entered the Iranian legal system with its own special and independent title. By way of conclusion, it is evident that various governmental and judicial institutions have made the fight against money-laundering one of their main objectives and tasks. Meanwhile, the role of the National Audit Office has also been prominent, and it has made numerous efforts, both nationally and internationally, to identify cases of money laundering, eliminate money laundering and ultimately combat it effectively and efficiently.

The rise of sexual violence against children in Indonesia requires strict legal rules and a deterrent effect on perpetrators. So the government in the latest child protection law includes punishment for castration. The issues raised are how the application of criminal law against perpetrators of sexual violence against children (pedophilia) in Indonesia and how the additional criminal regulation of castration as a criminal law policy in the child protection law. The type of research used is normative research, which is research that focuses on a positive direction in the form of statutory regulations. Criminal application for perpetrators of sexual violence against children is regulated in the Criminal Code and the Child Protection Act. Castration is a new legal policy by the government in dealing with the perpetrators of sexual violence against children.Keywords: Castration, Legal Policy, Child Protection

Contemporary criminal policy of Ukraine is significantly influenced by global trends towards humanization of criminal liability and protection of rights in the sphere of criminal law application. One of initial questions is the concept of criminal offence, and interrelation of offences with other violations of law. Criminal infraction in its essence is a result of foremost view at contemporary realia of Ukrainian legislation. ; Современная уголовно-правовая политика Украины в значительной мере подвержена влиянию тенденций к гуманизации уголовной ответственности и обеспечению защиты прав личности в сфере правоприменения. Одной из насущных проблем является концепция уголовного правонарушения в контексте соотношения преступлений и иных нарушений закона. Идея уголовного проступка является передовой в современных реалиях украинского законодательства. ; Сучасна кримінальна політика України значною мірою підлягає впливу тенденцій розвитку ідей гуманізації кримінальної відповідальності та забезпечення захисту прав особистості. Однією з головних проблем є проблема розробки концепту кримінального правопорушення у контексті співвідносин злочинів та інших порушень кримінального закону. Зроблено висновки щодо можливості реалізації цього концепту в українському законодавстві.

The text seeks to lead a research into the relationship among the formation of intersubjectivity in an unequal society and the development of a populist criminal policy. To address the issue, it is proposing to establish a verification of the concept of intersubjectivity, to conduct a model analysis of the factual context, to do a discussion about the classical concept of criminal populism and its relationship with the reality and to try to propose some indications on the role of the criminal theory in this context. ; El texto busca conducir una investigación sobre la relación entre la formación de intersubjetividad en una sociedad desigual y el desarrollo de una política criminal populista. Para enfrentar el tema, se propone establecer una verificación del concepto de intersubjetividad, un análisis modelar del contexto fáctico, discutir los conceptos clásicos del populismo penal y su relación con la realidad e intentar proponer algunas indicaciones sobre la función de la dogmática penal.

One of the domains in which the transition from the totalitarian regime to the liberal democratic one had a deep impact, is the domain pertaining to the criminal policy of the state. The criminal policy measures represented, together with other measures taken by the state, one of the most effective mechanisms that the state could make use of. The decomposition of the civil society and the creation of an amorphous mass of citizens were also accomplished by means of preventive measures, rehabilitation and coercion measures under criminal law. ; One of the domains in which the transition from the totalitarian regime to the liberal democratic one had a deep impact, is the domain pertaining to the criminal policy of the state. The criminal policy measures represented, together with other measures taken by the state, one of the most effective mechanisms that the state could make use of. The decomposition of the civil society and the creation of an amorphous mass of citizens were also accomplished by means of preventive measures, rehabilitation and coercion measures under criminal law. The establishment of the liberal state had and still has to face socialist mentalities and methods regarding society. Thus, the change in the perspective on the objectives of criminal policy should take into account the purpose of the state established after the Revolution of1989, i.e. the freedom of the individual. Although the field of criminal policy has been subject to numerous legislative and institutional changes meant to make it adapt to the new state framework, there are reminiscences from the former regime, more precisely the institutions referred to in the Criminal Code of 1969, which have survived on the transition way to democracy.

The global processes taking place in the international political arena are more likely to correspond to the state of a silent confrontational and information war, forcing Russia to defend itself more actively, reflecting more and more blows from potential and established opponents. Ensuring State security is an integral and one of the most important functions of the state, it has as its task the prevention and suppression of actions that violate peace and order. It is this topic that is closely interrelated with the processes of preventing and countering crime, since the success of countering crime and, accordingly, ensuring national security depends on the effective functioning of the relevant processes. Taking into account the above factors priority task of the state is to ensure both its own security and the security of its citizens. The article examines individual elements of crimes that infringe on national security, which allows us to assess the scale and depth of the chosen topic. The authors have made proposals that should contribute to strengthening the rule of law while ensuring national security.

According to the opinions of the experts in the field of law, recognition of crimes and fighting against them is a social need combined with favorable political consequences that result in the acceptance and legitimacy of all political systems. The present article, with the descriptive-analytic method and application of all library resources, attempts to examine the designated policy of legal system of Iran in response to violent crimes. The results of the study indicate that the legislative-criminal policy of Iran includes different stages of prosecution, investigation and trial and even criminalization and sentencing. Populist criminal policy has been always considered in the Iranian legal system that instances of it can be observed in the act of intensification of punishments for the perpetrators of embezzlement, bribery and fraud. But in the late eighties and early nineties populist criminal policy emerged in the form of plans, bills and even multiple rules and unfortunately this trend is growing. At the end, it should be noted that in the populist legislative policies, due to lack of causal connection between the actions, the expected results are often not achieved and ineffectiveness of this policy on crimes and incapacity and inefficiency of this criminal policy is clear and obvious. It is hoped that the findings of this study can pave the way for further efforts in understanding and adopting wise policies and strategies to deal with all kinds of crime.

For a criminal policy, in the broadest sense, to be successful and compatible with a realistic view of the criminal phenomenon in the field of pragmatism judgment and to achieve its objectives, it needs a background which, in its absence, not only laws based on realistic criminal policy fail, but their application in such a situation will cause a double damage to society: legal and moral. Apply methods of social prevention in the economic and cultural dimension, observing the principle of minimum criminal law, the mandatory anticipation of the presentation of a personality profile in all crimes committed and finally, the establishment of a care administration to comply with the implementation of realistic laws in the best possible way. It is concluded that this path that combines criminal policy and pragmatic legal realism is one of the desired areas in question in the field of criminal investigation in Iran. This research, which is conducted using the content analysis method, identifies the background for the implementation and enforcement of a realistic legislative criminal policy in Iran to remove obstacles to this advanced scientific knowledge.