Suchergebnisse

"The legal position of convicted offenders is complex, as are the social consequences that can result from a criminal conviction. After they have served their sentences, custodial or not, convicted offenders often continue to be subject to numerous restrictions, in many cases indefinitely, due to their criminal conviction. In short, criminal convictions can have adverse legal consequences that may affect convicted offenders in several aspects of their lives. In turn, these legal consequences can have broader social consequences. Legal consequences are often not formally part of the criminal law, but are regulated by different areas of law, such as administrative law, constitutional law, labour law, civil law, and immigration law. For this reason, they are often obscured from judges as well as from defendants and their legal representatives in the courtroom. The breadth, severity and longevity and often hidden nature of these restrictions raises the question of whether offenders' fundamental rights are sufficiently protected. This book explores the nature and extent of the legal consequences of criminal convictions in Europe, Australia and the USA. It addresses the following questions: What legal consequences can a criminal conviction have? How do these consequences affect convicted offenders? And how can and should these consequences be limited by law?"--Bloomsbury Publishing

The article deals with certain problems arising out of implementation of criminal liability of legal entities in Ukraine. The author researches experience of criminal liability of legal entities in some foreign countries and analyzes existing problems of this institute. Foreign and national approaches to criminal liability of legal entities have been compared. The issue of incompliance between international standards in criminal law and traditional approaches to the main institutes of criminal law in Ukraine has been considered. The article deals with theoretical and practical application of criminal liability against legal entities. Grounds for criminal liability and types of punishment which can be applied to legal entities and their future implementation in Ukraine have been emphasized. It has been established that economic imfluence is the most effective against legal entities. That is why the most common type of sanctions for legal entities is fine. Implementation of criminal liability of legal entities in foreign legislation was a significant step towards counteraction to illegal activities of these entities. Foreign experience is useful and efficient for future implementation of European integration of Ukraine and attempts to solve existing problems related to bringing of legal entities to liability. At the same time, it would be possible to use experience of the state which implemented the most effective mechanisms of impact on legal entities for corruption and other crimes. For national legislation this step is really revolutionary. But if the legislator is interested that this institute operates effectively certain amendments and supplements to the Criminal Code of Ukraine are needed.

Legal pluralism was a fundamental feature of the political order in colonial Indonesia. It arose not only from the parsimony of the Dutch East India Company (VOC), but also from colonial doctrine. In the nineteenth century, pressure grew to move from pluralism to universalism in law, and policy battles were fought over a series of issues�the arbitrary rights of colonial officials, flogging (rottingslagen), and the death penalty�but progress towards legal unification was slow and incomplete. Legal pluralism had a lasting effect on Indonesians� attitudes to cultural diversity.

Legal pluralism was a fundamental feature of the political order in colonial Indonesia. It arose not only from the parsimony of the Dutch East India Company (VOC), but also from colonial doctrine. In the nineteenth century, pressure grew to move from pluralism to universalism in law, and policy battles were fought over a series of issues�the arbitrary rights of colonial officials, flogging (rottingslagen), and the death penalty�but progress towards legal unification was slow and incomplete. Legal pluralism had a lasting effect on Indonesians� attitudes to cultural diversity.

Introduction to American criminal law concepts -- Comparing tribal criminal law and American criminal law -- Using American criminal law to control American Indian Nations -- Traditional law today -- Introduction : what is criminal jurisdiction? -- Traditional criminal jurisdiction -- Limitations on tribal criminal jurisdiction imposed by the United States -- Exercising jurisdiction over crimes committed by non-Indians -- Criminal jurisdiction as defined by tribal courts -- Tribal criminal jurisdiction reform : the Tribal Law and Order Act and the Violence Against Women Act -- State and tribal court collaboration -- Overview of criminal laws : statutes and procedures -- The mental state -- A closer look at criminal elements -- Is helping a criminal act? Preliminary crimes and accomplice liability -- Criminal defenses -- The burden of proof -- Rights of criminal defenders -- The law of arrest -- Interrogations and confessions : the right to remain silent -- Search and seizure -- The Exclusionary Rule : remedies for civil rights violations --The right to an attorney/advocate -- Defendant rights at trial -- Victims' rights -- Sentencing : fines and incarceration -- Tribal restorative justice

The strict criminal liability is one of the institutions which has been accepted and expanded its dimensions in countries, including England, since 19th century. Although, criminal intent or fault is the most important elements of every offenses, but, due to some reasons, such as expediency, necessity, benefit, increasing prevention index, the mens rea element of offense, fully or partially, is sometimes removed or presumed. In Iran's criminal legal system, this legal institution has not been considered formally and explicitly by the legislator, but recently, Iranian legal experts, given some existing necessities, try to put some offenses into the category of the strict criminal liability. In fact, some offencesin criminal legal system, namely traffic offences, bounced cheque, injuries resulted from medical operations and some environmental offences, can be placed under the title of the strict criminal liability. Despite many problems to which the acceptance and development of the strict criminal liability may be faced, It seems, in many cases, this institution can solve the problems related to difficulties of proof and ascertainment of the criminal intent beforecourts. Also, today, Iranian judicial courts don't take into account the mens rea practically and presume itin many cases.

Purpose – The purpose of this article is to provide the reader with some information on the development of liability of legal persons for violations of international criminal law, its implementation practice in common and civil law countries as well as its perspectives of development in the European Union.

To date, "transnational criminal law" has been the dominant paradigm for explaining and mapping rules on corruption in the international legal literature. Transnational criminal law is presented as a system of law descending from multilateral crime control treaties or a field or order that emerges through international political processes of regime formation. Transnational criminal lawyers identify and describe cross-border legal rules, and seek to evaluate them against liberal norms of democratic governance and individual civil and political human rights. This Article details the limits of transnational criminal conceptions of "anticorruption" through a study of proposed changes to Australian laws on corporate foreign bribery. Drawing on primary and secondary documentary sources, domestic and international, it shows that the emerging antipodean rules are only partially transnational, as that term is understood in transnational criminal law theory. Likewise, multilateral "suppression conventions" and related soft laws are but one impetus for the proposed changes to Australian federal anticorruption legislation. Rather, as the transnational legal ordering literature suggests, a recursive process appears to be at work between international organizations and local legislators, as well as transnational non-state actors, both charities and businesses. This process is marked by moments of borrowing from (former) patrons, the US and the UK. However, it is also punctuated by themes of modernization, economic efficiency, and reputation. In addition, Australian anti-corruption activities may result not just in changes to national criminal law, but also in the development of "new" – and controversial – techniques of governance.

This collection of case stories illustrates the balance, continuity, and evolution in substantive criminal law doctrine in light of the social and political contexts in which those doctrines are perennially tested. These stories focus on the pre-litigation behavior of defendants, raising important moral and cultural questions about human nature and human society and how social norms get translated into workable legal doctrines. They survey the typical variety of doctrines addressed in a standard criminal law course, elucidating the classic themes of common law jurisprudence.