Suchergebnisse

[ES] Esta tesis trata de alcanzar un punto medio entre la perspectiva general y la particular sobre los delitos relativos a la seguridad vial. Así, se encuentra referida al ámbito de la protección penal de la seguridad vial y no sólo de los delitos contra el mismo. Esto quiere dejarse claro, haciendo alusión a unas bases político criminales de la mencionada parcela penal, lo que entre otros motivos se fundamenta en la realidad latinoamericana. ; [EN] This thesis aims to achieve a balance between the general and particular perspective on crimes relating to road safety. So, is referred to the field of criminal law protection of road safety and crime not only against the latter. That is to be made clear, referring to criminal political bases for such criminal plot, which among other things is based on the Latin American reality.

Compliance programs and systems of criminal or administrative liability are being increasingly adopted by different countries as measures meant to reduce the social cost of white collar criminality. However, the legal application of these measures does not always ponder correctly the impacts on common good, the levels of economic activity and the adequate functioning of markets of goods and services. Eventually, this situation can lead to undesired effects, such as the inefficiency of the criminal system, the reduction of economic activity or the arising of obstacles to competition. By taking these circumstances into account, in this paper we will utilize the Economic Analysis of Law to analyze the logic that inspires these legal institutes and the incentives they generate. Our objective is to delineate some parameters that allow legislators, judges, legal advisors and businessmen to evaluate different compliance systems in terms of economic efficiency, generation of wealth and the promotion of competition in markets. ; Los programas de compliance y los sistemas de responsabilidad penal o administrativa de las personas jurídicas constituyen en la actualidad herramientas crecientemente adoptadas por las distintas legislaciones para intentar disminuir el costo social de la criminalidad económica. Sin embargo, la incorporación legislativa y la aplicación de estos instrumentos legales no siempre está acompañada de una adecuada ponderación respecto de sus efectos sobre el bienestar social, los niveles de actividad económica y el funcionamiento de los mercados de bienes y servicios.Ello puede conducir, eventualmente, a efectos indeseados como la ineficiencia del sistema penal, la disminución de la actividad económica o el surgimiento de obstáculos a la competencia. Teniendo en cuenta estas circunstancias, en el presente trabajo recurriremos a las herramientas que brinda el Análisis Económico del Derecho para analizar la lógica que inspira a estos institutos jurídicos y los incentivos que generan, con el propósito de delinear algunos parámetros que permitan a legisladores, funcionarios judiciales, asesores jurídicos y a los propios empresarios evaluar los distintos sistemas de compliance en términos de eficiencia económica, generación de riquezas y promoción de la competencia en los mercados.

This article considers the concept of the essence of smuggling and its negative consequences for society. The general principles of legal liability for smuggling in Ukraine in accordance with current legislation are analyzed. The main types of smuggling and ways to counteract this criminal offense have also been investigated and identified. It is important to emphasize that smuggling is the transportation or movement of goods, as defined in Articles 201, 201-1 and 305 of the Criminal Code of Ukraine, across the customs border of the Ukrainian state, but outside customs control in order to hide the subject of illegal transportation from customs and law enforcement agencies. As a result of this work, we have defined the general principles of legal liability for smuggling in accordance with the criminal law of Ukraine. In general, the punishment for this criminal offense depends on many factors, such as the subject of smuggling and the number of similar offenses committed. We also explored the main ways to combat smuggling, which aims to prevent its implementation. Today, the smuggling of goods, and hence non-compliance with customs rules in Ukraine, is increasing, and as a result destabilizes the foreign policy of the Ukrainian state, which negatively affects the national economy and its industries. That is why this topic is relevant today. The main problem, which is the illegal crossing of the border of Ukraine, is currently very common in our country due to the fact that the central authorities do not pay enough attention to it. During the research of this topic, we turned to current regulations and research of prominent scientists who also worked on this issue. The main measures to prevent smuggling when moving goods across the customs border of Ukraine were identified. Smuggling is actually the exemption of imported goods from any taxes and duties on the territory of Ukraine. Basically, such corruption is based on the gap in information flows with Ukraine's trading partners. Throughout the developed world, ...

The present article focuses on the study of the liability of the legal entity for acts of corruption introduced in the Brazilian system by Law no. 12.846/2013. Meeting internationally agreed commitments, the Brazilian government issued specific legislation against harmful acts to the public administration, including the strict liability of the legal person for acts of corruption committed in their benefit. Thus, in view of the discussion on the criminal liability of legal entities, of the harmfulness of corruption to the economic system and the new Brazilian form of liability, it was intended herein to draw a criticism that may contribute to improving the fight against corruption as well as the liability system of companies in Brazilian law.

This research uses normative juridical approach to study on the analysis of the death penalty executions and the legal policy of death executions in Indonesia. There are delays on death executions for the convicted person since they entitled to using rights namely filing a judicial review (PK/Peninjauan Kembali). Furthermore, the legal loophole in the execution of the death penalty by the publication of the Constitutional Court Number 107 / PUU-XIII / 2015 which assert that the Attorney as the executor can ask the convicted person or his family whether to use their rights or not if the convict clearly does not want to use his rights, the executions will be carried out. Legal policy on threats and the implementation of the death penalty in the draft of criminal code was agreed by draftsman of the bill with the solutions. The draftsman of the bill agrees that the death penalty will be an alternative punishment sentenced as a last resort to protect the society. The bill also regulates that the execution among others include that the execution can be delayed by ten years probations. If the public reaction on the convict is not too large or convict has regret and could fix it or the role in the crime is not very important and there is a reason to reduce punishment, the death penalty may be changed. For pregnant women and the mentally ill convicts the execution can only be carried after the birth and the person has recovered from mental illness. The existence of this solutions is still kept putting the death penalty in criminal law, whereas the effectiveness of the death penalty is scientifically still in doubt to solve crimes and to prevent crimes by the death penalty punishment.

AbstractThe confiscation of proceeds of crime has long been seen within the European Unionand beyond as an important tool in the armory of weapons to fight organized crime. Therationale for focusing on the confiscation of criminal proceeds is at least two- fold. First itaddresses concerns that enormous criminal wealth, generated most notably by various formsof trafficking offences, risks destabilizing financial systems and corrupting. As such theconfiscation of criminal assets seeks ultimately to reduce and prevent crime by making knownthat criminals will not be allowed to legitimate society. Second it attempts to undermine the"raison d'être" behind most organized crime activity, namely the maximization of profit byillicit means. As such the confiscation of criminal assets seeks ultimately to reduce andprevent crime by making known that criminals will not be allowed to enjoy their illicit wealth.By the same token, focusing on confiscation of criminal wealth can send an importantmessage by removing negative role models from local communities.

This article intends to analyze treatment and functions assigned to the penalty by our Peruvian Constitution and the way this legal institution is conducted at the prescribed basic penalty level (imposed by the legislator ineach type of criminal offence), the specific penalty level (imposed by the judge according to its individual characteristics in each case) and at the penitentiary enforcement level. Finally recommends some considerations for carrying out a possible legislative reform in accordance with a criminal policy plan within our constitutional framework. ; El presente trabajo busca efectuar un análisis en torno al tratamiento y las funciones que nuestra Constitución política asigna a la pena, y la manera como dicha institución se desarrolla en nuestro país con respectoa la pena abstracta (la impuesta por el legislador en cada tipo penal), la pena concreta (la impuesta por el juez luego de una individualización en cada casoconcreto), y su ejecución en el ámbito penitenciario. Finaliza proponiendo algunas consideraciones para una eventual reforma legislativa conforme conun plan de política criminal que se encuentre dentro del marco constitucional.

Writing Rethinking Criminal Law ("Rethinking") was a gamble. No one had ever written a serious book on comparative criminal law – in English or in any other language. No one had ever addressed English-speaking readers with the argument that some other system of legal thought – espoused by a nation defeated in a major war just thirty years before – had a superior literature on criminal law and a more refined way of thinking about the structure of criminal offenses. No one had tried to present the system of criminal law as though it were a species of "political and moral philosophy." If ever there was chutzpah, this was it. The structure of Rethinking almost defied readers to find it interesting or useful. The conventional way to write textbooks in continental Europe is to distinguish between the general part and special part and devote a book to each. The general part always receives attention first because it is considered the foundation of the whole system. For all my devotion to philosophical and Continental thinking, my basic training was in the common law, and I still thought about law in the inductive style of the case method. This is why I took the highly unconventional approach of beginning the book with the special part, initially with a detailed analysis of the history of theft in the common law. I would have thought that this choice of topics and the detailed analysis of the cases would turn off most of my readers. The approach was unfamiliar to almost everyone. The style of writing on the Continent is always deductive and authoritative and – though I did not notice it in the late 1970s – the Continental approach is almost always internal and parochial. The German literature cites only German authors; the French cite only the French. The Germans refer to their work on the general principles of criminal law as Dogmatik – a term borrowed from the Catholic Church to refer to the teachings offered by the priests to elaborate the tenets of the faith. This term aptly describes the system of thought that the Germans have developed. They have faith in a certain set of organizational distinctions, and their task is to elaborate and explain the system. Common law lawyers have a similar set of dogmas. They are not aware of the extent to which they subscribe to their ideas as a matter of faith. They subscribe to certain formulae as though they were unquestionable truths – claims, for example, about the necessity of mens rea and actus reus. They believe in the indispensability of "policy" decisions and adhere to Holmesian realism ("general propositions do not decide concrete cases") as though there were no other way to think about law. At the outset I was restrained, in Rethinking, by the assumption that I would not repeat these standard orthodoxies without subjecting them to a thoroughgoing critique. At the level of style and substance, Rethinking was an iconoclastic book. It occurs to me now that it was also a conservative book. I will explain why.

Euthanasia or "sweet death" is a topic that has sparked numerous debates throughout history. In Albania, the right to life is protected by Article 21 of the Constitution of the Republic of Albania. Regarding the individual's right to die in Albania, both forms of euthanasia, the passive and the active one, are considered criminal offenses and are punishable by law. The problem lies in the fact that such a definition is not found in the Albanian legislation, but such actions are considered as criminal by the interpretation of the law. In this topic we will study the perception of Albanians regarding euthanasia and whether the Albanian legislation should include this form of soft death or not. The protection of life in the country should take the dimensions of a sustainable protection. For this reason, in addition to the positive effects of improving life protection that derive from the application of the entirety of the various criminal justice programs and policies, also including the recent amendments to the Criminal Code of the Republic of Albania, a concrete and continuous protection should be provided in support of the right to life. I have always drawn a debate on this issue, which deals with the fundamental human right, with the most sacred right, that of life.

AbstractEnvironment crime is among the European Union's central concerns. The TampereEuropean Council of 15 and 16 October 1999 at which a first work program for theEuropean Union action in the field of Justice and Home Affairs was adopted asked thatefforts be made to adopt common definitions of offences and penalties focusing on a numberof especially important sectors, amongst them environment crime. But despite this agreementabout the importance of joint the European Union action, environmental criminal law hasbecome the centre of a serious institutional fight between the European Commission,supported by the European Parliament on the one hand and the Council, supported by thegreat majority of the European Union member states on the other hand. At stake is nothingless than the distribution of powers between the first and the third pillars, and therefore alsobetween the Commission and the European Union's member states. The effect of this fight iscurrently a legal vacuum on general environmental criminal law that was closed with theDirective 2008/99/CE, taking into consideration the cross-border dimension of environmentalcrime and the existing significant differences in the national legislation of the EuropeanUnion member states.

Starting from the definition of economic crime as a totality of illegal acts committed by an individual or a group of individuals to obtain a financial or professional advantage, criminal law protection of this type of crime is becoming more popular both from a theoretical and practical point of view, primarily due to its constituent elements (system of incrimination, subject of economic offense and forms of responsibility, sanctions), and secondary by identifying opportunities for its conception and realization. Therefore, this paper, analyzes situation both in terms of determining the causes of economic crime and responsibility for economic crimes, and in terms of the legal and factual opportunity to realize the criminal law protection in a modern democratic society and market economy, establishment and implementation of appropriate repressive and preventive measures to combat this type of crime

From the adoption of the Criminal Code in 2006 until the latest amendments of 2019, the Serbian criminal legislation treated recidivism as an optional aggravating circumstance, which had its specific legal status in comparison with other mitigating and aggravating circumstances. According to the new legal solution, instead of being optional, recidivism has become a mandatory aggravating circumstance. Together with clearly specified conditions for harsher penalties this narrows down the possibility of free judicial decision-making when meting out punishment. The paper answers several questions: whether harsher penalties for recidivists are only the result of continuous tightening of repression at a normative level, whether and to what extent the criminal-law framework has been improved, and whether returning to some solutions, which were not normally applied in court practice, can be marked as appropriate to achieve the desired degree of crime prevention. Final critical conclusion is that the new legal solution on recidivism appears regressive, given that the court is strictly bound by the law through oblitatory conditions regarding prior and persistent offending, which is in compliance with the general trend of tightening repression at the normative level and reducing the role of the court to the level of administrative application of the norm.

This paper considers why some harm-generating activities are controlled by criminal law and criminal sanctions while others are subject to some other mechanism such as civil law, administrative law, regulation or the tax system. It looks at the question from the perspective of the law and economics approach. We seek to identify the comparative benefits of using the criminal law relative to other enforcement mechanisms and - more broadly - why certain specific behaviours are criminalized. The paper argues that an economic approach emphasizing the relative merits of alternative legal instruments for bringing about harm reduction can provide an explanation for a number of recent legal developments. It argues also that the willingness of legislators to combine the use of sanctions traditionally used in one area of the law with sanctions from other areas is more readily explicable in economic terms than in other terms.

This article explores the jurisprudential and practical feasibility of a "preventive" regime of criminal justice. More specifically, it examines an updated version of the type of government intervention espoused four decades ago by thinkers such as Barbara Wooton, Sheldon Glueck, and Karl Menninger. These individuals, the first a criminologist, the latter two mental health professionals, envisioned a system that is triggered by an antisocial act but that pays no attention to desert or even to general deterrence. Rather, the sole goal of the system they proposed is individual prevention through assessments of dangerousness and the provision of treatment designed to reduce it. The ultimate objective of this article is to present a defense of a prevention system as a replacement for - rather than (as with sexual predator statutes)an addition to - our current criminal justice system. Such a defense of a purely preventive regime has been rare in the legal literature since the 1960s, when just deserts philosophy became popular and preventive approaches fell into disrepute. Since then, a number of conceptual and empirical advances have made the issue even more complex. The case for a preventive regime nonetheless deserves serious consideration in the twenty-first century, as an increasing number of jurisdictions adopt harsh determinate sentencing based on desert principles, and in the wake of the American Law Institute's recent announcement that its planned revision of the Model Penal Code will forsake the original Code's focus on reform of prisoners and instead endorse a just deserts approach to sentencing. The first part of the article looks at jurisprudential objections to a prevention regime, which all center on its perceived failure to do "justice." It contends that such a regime would neither slight human dignity nor undermine the general deterrence and character-shaping goals of the criminal law. The second part examines concerns about the feasibility of a preventive system, including questions about the ...

From the adoption of the Criminal Code in 2006 until the latest amendments of 2019, the Serbian criminal legislation treated recidivism as an optional aggravating circumstance, which had its specific legal status in comparison with other mitigating and aggravating circumstances. According to the new legal solution, instead of being optional, recidivism has become a mandatory aggravating circumstance. Together with clearly specified condi-tions for harsher penalties this narrows down the possibility of free judicial decision-making when meting out punishment. The paper answers several questions: whether harsher penalties for recidivists are only the result of con-tinuous tightening of repression at a normative level, whether and to what ex-tent the criminal-law framework has been improved, and whether returning to some solutions, which were not normally applied in court practice, can be marked as approriate to achieve the desired degree of crime prevention. Final critical conculusion is that the new legal solution on recidivism appears regres-sive, given that the court is strictly bound by the law through oblitatory condi-tions regarding prior and persistent offending, which is in compliance with the general trend of tightening repression at the normative level and reducing the role of the court to the level of administrative application of the norm.