Suchergebnisse

On the basis of the conducted research on the directions of the criminal and penal–executive policy with regard to minors, the author of the article draws the following conclusions. The processes of humanization of criminal and penal enforcement laws affect under–age criminals, adjusting the procedure for appointing and executing criminal punishment, including deprivation of liberty. Despite these trends in recent years, the problem of juvenile delinquency is a fairly massive social and legal phenomenon. Thus, the analysis of statistical data has shown that juvenile delinquency grows 7 times faster than the total number of the population of this age group changes, and in some regions, minors determine the crime situation as a whole. The reason for repeated crimes committed by former juvenile convicts is that returning part of this category of people to the society is predisposed to spreading and propagating criminal "prison" traditions and customs among their peers, as well as among younger people, which contributes to the support and growth of criminogenic the potential of society. One of the directions of the criminal and penitentiary policy of Russia is the penitentiary and post-penitentiary resocialization of persons serving sentences in the form of deprivation of liberty, in particular minors. Thus, the process of training juveniles sentenced to release and creating conditions for their full integration into society is the most important task not only of educational colonies, but also of government bodies and civil society institutions. The absence of a federal law on the social adaptation of persons released from places of deprivation of liberty creates difficulties for minors in the process of resocialization. Adoption of this law is an important component and the main content of the law should be the establishment of strict control over the behavior of these individuals, and mainly the guarantee of state aid to them in the process of returning to normal life in society.

The principle of actio libera in causa or the effect of a perpetrator's voluntary intoxication on the existence of a criminal act is controversial in international criminal law. The present legislation, as contained in the Rome Statute, is a compromise between different legal systems. It allows the exclusion of a criminal act based on the fact that the perpetrator was involuntarily intoxicated and he or she cannot be ascribed guilt for the act of intoxication and the criminal act. In the Rome Statute the actio libera in causa principle has three elements, composed similarly of the insanity defence due to biological (intoxication), or psychological (the inability to control actions or understand their consequences), and the third negative condition (nonexistence of guilt for the criminal act). The Rome Statute does not deal with diminished mental capacity due to intoxication and also does not contain stipulations regarding the conditions of a generally diminished mental capacity. I propose that the International Criminal Court finds support in the above-mentioned three elements of the principle of actio libera in causa by acknowledging that a perpetrator's capacity to understand or control his or her actions is partially diminished, not totally absent.

This book sets out and examines the law governing criminal procedure in Canada. It explains the body of rules and principles that govern the investigation, prosecution, and adjudication of any offence enacted by Parliament for which an accused person would have a criminal record if found guilty by a court exercising jurisdiction under the Criminal Code. These include such things as the rules by which police powers are exercised, the right to counsel, search warrants, interim release, and procuring attendance of witnesses.This third edition updates the law in all areas of criminal procedure. The chapter on powers of search and seizure has been completely rewritten to take into account significant new decisions, including, among others, Spencer, on internet anonymity; Vu, on searches of computers; TELUS Communications, on text messaging and wiretap authorizations; MacDonald, on safety searches; and Fearon, on search of cell phones incident to arrest. It also covers the various statutory changes made to search powers by the Protecting Canadians from Online Crime Act.

The concept of criminal crime covers a large number of crimes, which exist in the border of criminal law, or outside this border, in special laws. To explain what criminal crime means, our first part of call should be explaining the concept of criminal crime, and then classifying it in the second step.First, since the criminal crime is not the only act that is punished by law, it was necessary to distinguish it from other similar concepts, such as civil crime and administrative crime, whether in the source of these crimes or in the result or in the punishment.Second, since most of the crimes are criminal crimes, it was necessary to divide them into two major parts. The first part was classified according to the nature of the crime; the second part was classified according to the way it was conducted.According to the nature of the crime, we compared between natural crimes, political crimes and military crimes. And according to the way the crime was conducted, we distinguished between the material side of the act and the moral side of the act.On the material side of the act, we divided the crimes into temporary and continuous, simple and periodical, simple and complex, material and formal. On the moral side of the act, we divided crimes into intentional and un-intentional crimes.

As its title suggests, Why the Innocent Plead Guilty and the Guilty Go Free is a wide-ranging critique of our criminal justice system. While it is hardly the first, it offers a number of distinctive insights. Most of the now voluminous work on this topic is written by scholars, policy analysts, or journalists and is addressed to the legislature or the executive. This certainly makes sense. External observers are well positioned to critique a system that punishes without purpose, and the major determinants of its dysfunction are the legislature that enacts the criminal law and the executive that enforces it. In contrast, the author of this book, Jed S. Rakoff, is a sitting federal judge, and he provides a specifically judicial perspective. This appears in at least two of the book's most notable features: its juxtaposition of its subject matter and its discussion of the way that general trends in our criminal law impact the work of judges.

The criminal system is the entire rule for imposing criminal sanctions, where the main criminal rules are in the Criminal Code (KUHP). Between the Criminal Code and criminal law outside the Criminal Code there must be a synchronization, in this case Article 103 of the Criminal Code says that the provisions in Chapters I through Chapter VIII Book 1, apply to criminal legislation outside the Criminal Code, unless it is deviated. In Law No. 18 of 2004 concerning Plantations, the subject of criminal law in the provisions of the midwifery of the law states everyone, which means applies to everyone in general, but everyone in the criminal provisions is not explicitly formulated in the general provisions of the law and direct damages connecting criminal law subjects with administrative law subjects by typing criminal law subjects together with administrative law subjects. Starting from the description above, the authors formulated a problem namely how the regulation / formulation of the subject of plantation criminal acts and how the future formulation policy regarding the subject of plantation criminal acts. Arrangement / formulation of the subject of plantation criminal acts in Law No. 18 of 2004 that is, every person in the regulation / formulation in the general provisions does not explain the limitations or scope of each person, based on Article 103 of the Criminal Code, the enactment of general principles in criminal law, where the subject of criminal acts in the law is natuurlijke person.

This article summarizes significant legislative changes, decisions of the United States and Virginia Supreme Courts, and decisions of the Virginia Court of Appeals. A more extensive consideration of this material as well as recent decisions of the Court of Appeals for the Fourth Circuit and federal district courts is contained in R. Bacigal, Virginia Criminal Procedure (Supp. 1987).

First, this work proposes a study of the origin, elements and application of the Compliance Program or, also named, Regulatory Compliance Program. The aforementioned program is understood as an internal device that corporations use not only to comply with the current legislation but also to prevent and detect legal violations they could be found in or as part of the activities they carry out.Second, it tries to explain and develop the connection between, on one hand, the new risks in the financial and technological development and, on the other hand, Criminal Law as a protective body of important legal assets for society. The aim is to analyze Criminal Compliance to get the corporationto manage its activities under current legislation, especially Criminal Law.In this regard, it enlarges the sectoral developments based on the Peruvian Government's implementation of the the Compliance Program in the legal framework.Finally, it analyzes the impact of Criminal Compliance in the criminal legal framework. For that end, it refers to the criminal liability system in Peru and in what way it impacts on the application of Criminal Compliance. ; El trabajo propone, en primer lugar, un estudio del origen, los elementos y la aplicación del Compliance Program o, también llamado, Programa de Cumplimiento Normativo, entendido como un dispositivo interno que las empresas implementan para cumplir con la normatividad vigente, así como para prevenir y detectar las infracciones legales que se produzcan dentro de las mismas o como parte de las actividades que estas realizan. Asimismo, se intenta explicar y desarrollar la relación entre los nuevos riesgos, debido al desarrollo económico y tecnológico, y el derecho penal como ente protector de bienes jurídicos de importancia para la sociedad. Esto último tiene como finalidad analizar el Criminal Compliance, destinado a que la empresa ordene su actividad conforme a la normativa aplicable, en especial la ley penal. En tal sentido, se desarrolla la aplicación que el Estado peruano ha realizado del referido Programa de Cumplimiento Normativo en el ordenamiento jurídico, en concreto los avances sectoriales. Finalmente, se analiza el impacto del Criminal Compliance en el ordenamiento jurídico penal. Para ello, se hace una referencia al sistema de responsabilidad penal adoptado en el Perú y de qué manera esto impacta en la aplicación del Criminal Compliance.

The South Carolina Budget and Control Board, Division of General Services published the findings of an audit of the procurement policies and procedures of the South Carolina Criminal Justice Academy.

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 analyzes recent developments in Florida criminal law. The areas discussed include constitutional challenges to legislative enactments, search and seizure, confessions, speedy trial, pleas of guilty and nolo contendere, evidence, jury instructions, sentencing and the death penalty.

The right to life is one of the human rights listed in the Constitution of the State as described in Article 28 (a) of the 1945 Constitution of the Republic of Indonesia. Abortion often occurs in this village. The health expert has not yet given a definitive response, vaguely seen the agreement that abortion can be done by considering the cause, the future of the child and the psychological reason of the family, especially the mother, provided that it is done in ways that meet certain conditions and conditions. So also with social experts who have a view that is not much different from health experts. This study aims to analyze the rights of women from the perspective of human rights and the application of criminal sanctions for perpetrators of criminal acts of abortion. This research method using normative juridical, which both research data obtained from references of literature and applicable legislation, and analyze from court decision. It is concluded that the application of criminal sanction by Judge to perpetrator of abortion crime in Indonesia is still very low compared to criminal threat contained in Criminal Code.

Democracy is often equated with majority rule. But closer analysis reveals that, in theory and by constitutional design, our criminal justice system should be supermajoritarian, not majoritarian. The Constitution guarantees that criminal punishment may be imposed only when backed by the supermajoritarian-historically, unanimous-approval of a jury drawn from the community. And criminal law theorists' expressive and retributive justifications for criminal punishment implicitly rely on the existence of broad community consensus in favor of imposing it. Despite these constitutional and theoretical ideals, the criminal justice system today is majoritarian at best. Both harsh and contested, it has lost the structural mechanisms that could ensure supermajoritarian support. By incorporating new supermajoritarian checks and reinvigorating old ones, we could make criminal punishment consonant with first principles and more responsive to community intuitions of justice.

From secret stingray devices that can pinpoint a suspect's location, to advanced forensic DNA-analysis tools, to recidivism risk statistic software—the use of privately developed criminal justice technologies is growing. So too is a concomitant pattern of trade secret assertion surrounding these technologies. This Article charts the role of private law secrecy in shielding criminal justice activities, demonstrating that such secrecy is pervasive, problematic, and ultimately unnecessary for the production of well-designed criminal justice tools. This Article makes three contributions to the existing literature. First, the Article establishes that trade secrecy now permeates American criminal justice, shielding privately developed criminal justice technologies from vigorous cross-examination and review. Second, the Article argues that private law secrecy surrounding the inner workings—or even the existence—of these criminal justice technologies imposes potentially unconstitutional harms on individual defendants and significant practical harms on both the criminal justice system and the development of well- designed criminal justice technology. Third, the Article brings the extensive literature on innovation policy to bear on the production of privately developed criminal justice technologies, demonstrating that trade secrecy is not essential to either the existence or operation of those technologies. The Article proposes alternative innovation policies that the government, as both a funder of research and the primary purchaser of criminal justice technologies, is uniquely well-positioned to implement.

The paper carries out a dogmatic revision of the crimes of «criminal organization», provided for in Section 317 of the Peruvian Criminal Code of 1991, and of «criminal gang», described in Section 317-B of the same Code, in order to establish and explain the functions and differences that underlie the plurality of legal provisions that seek to regulate the criminal relevance of criminal organizations. Likewise, it analyzes the doctrinal, legislative and jurisprudential contributions that seek to delimit, with extreme precision, the characteristics, effects, and normative components of both criminal types and the catalog of specific aggravating circumstances, in order to finally make recommendations on their current regulation that promotes the necessary legislative amendments to overcome the difficulties and inconsistencies, both theoretical and practical, of said criminal provisions. ; El estudio realiza una revisión dogmática de los delitos de «organización criminal», previsto en el artículo 317.° del Código Penal peruano de 1991, y de «banda criminal» tipificado en el artículo 317.º-B del mismo código, con la finalidad de establecer y explicar las funciones y diferencias que subyacen en la pluralidad de disposiciones legales que buscan regular la relevancia penal de las organizaciones criminales. Asimismo, se analizan los aportes doctrinales, legislativos y jurisprudenciales que procuran delimitar, con meridiana precisión, las características, efectos y componentes normativos de ambos tipos penales y el catálogo de circunstancias agravantes específicas; para, finalmente, formular recomendaciones sobre su actual regulación que promuevan las modificaciones legislativas necesarias para superar las deficiencias e inconsistencias, tanto teóricas como prácticas, de dichos dispositivos penales.