Suchergebnisse

This article describes suicide-related penal legislation in contemporary Europe, and analyzes and relates the results to cultural attitudes towards suicide and to national suicide rates. Data were obtained from 42 legal entities. Of these, 34 have penal regulations which - according to definition - chiefly and directly deal with suicide. There are three main types of act: aiding suicide, abetting suicide, and driving to suicide. The laws vary considerably with regard to which acts are sanctioned, how severely they are punished, and whether any special circumstances such as the motive, the result, or the object can make the crime more serious. Various ideologies have inspired legislation: religions, the euthanasia movement, and suicide prevention have all left their mark. There are some cases in which neighboring legal systems have clearly influenced laws on the topic. However, the process seems mostly to have been a national affair, resulting in surprisingly large discrepancies between European legal systems. The laws seem to reflect public opinions: countries which punish the crimes harder have significantly less permissive cultural attitudes towards suicide. Likewise, suicide rates were significantly higher in countries with a narrow scope of criminalization and milder punishments for suicide-related crimes. The cultural and normative elements of society are connected with its suicide mortality.

This article examines the criminal legislation of Russia and foreign countries, which regulate liability for the Commission of computer crimes. The author reveals the advantages and disadvantages of the Russian legislation regarding the criminalization of computer crimes. Put forward proposals on the improvement of criminal law articles 272-274 of the criminal code.

Direct participation in hostilities and membership in an organized armed group are contested and controversial concepts. Recent developments in military and legal doctrine suggest that a more practicable account may supplement the valuable work of the ICRC in its Interpretive Guidance on Direct Participation in Hostilities in order to guide target analysis in the unconventional and civilianized operational environment of contemporary non-international conflicts. The purpose of this article is to extrapolate criminal law models of accessorial liability and co-perpetration in order to elucidate the concepts of direct participation in hostilities and membership in an organized armed group. What is proposed is an intelligence-led framework for target analysis that is grounded in military doctrine and based on a mixture of objective and subjective criteria derived from criminal law. This can foster a better understanding of the social dynamic that sustains on-going fighting which limits the scope for arbitrary and erroneous targeting decisions in doubtful situations.

Article focuses on the implementation and protection of human rights through the institutions of civil society. Forms of manifestation of the human rights of the institutions of civil society have been defined. It is found that the relevant institutions are the basis of human rights in this society, including through legal activity of individuals.

Customary law community or Masyarakat Hukum Adat (MHA) in Indonesia has their own uniqueness and peculiarity in establishing relationships with the people and the surrounding environment. Along with the development of the era, the MHA experienced the complexity of the conflict of interest on the land tenure for business purposes or Hak Guna Usaha in the civil sphere, as well as conflicts within the scope of criminal law. The research analyzes legal indigenous communities' position in the protection of normative law. The method used is normative or doctrinal law research that leans to a qualitative (non-numeric) based on secondary data which is analyzed qualitatively. Recognition and protection of the MHA in Indonesia is experiencing an uneasy phase. Since the independence of Indonesia the existence of MHA has only received adequate portions in the era of reformation with the Amendment of the Constitution 1945, enshrined in the Article 18b Paragraph 2 and Article 28i Paragraph 3, eight laws, and at least 22 (twenty two) regulations of the region either in the province, or regency/city, or decree of the local head of the area that recognizes the existence of the Communities. Nevertheless, the upper position of the MHA is felt not to provide maximum assurance and protection forthe Communities. The Indonesian House of Representatives (DPR) through the right of initiative encourages the draft law on MHA which currently becomes a national legislation program and become a priority in 2020 in providing recognition, protection, and empowerment of MHA. With the initiatives of the Bill, it is expected that the problems experienced by indigenous peoples are reduced drastically.

Abstract
This article considers Cohen's claim that the economic structure or base can be conceived independently of the superstructure by adressing his attempt to identify "a rechtsfrei (moralitätsfrei, etc.) economic structure to explain law (morals, etc.)". It examines his programme of presenting relations of production as a set of (non-normative) powers and constraints that 'match' the rights and obligations of property relations. It is argued that, first, Cohen does not carry through this programme rigorously but, second, he could not do so, since it cannot be carried out at all. Three arguments are advanced, the first two against the possibility of a determinate 'objective' account of such powers and constraints, the third against the possibility of abstracting norms (constitutive and regulative, formal and informal) from contractual relationships: it is argued that one cannot identify the powers and constraints embodied in norm-governed economic relationships independently of the norms which govern them. Alternative interpretations are considered of Cohen's programme that might escape these objections, but these are rejected as untrue to his purpose, and in any case ineffective. It is concluded that Cohen fails to distinguish base from superstructure in the manner required.