Search results

This paper aims to explore the multifaceted meaning of the rational application of spice principles, such as differentiation and individualization in the execution of criminal penalties. The author reported on the reforms in the penitentiary system that is being conducted in Uzbekistan, while at the same time critical analyzing the existing problems in penitentiary legislation and practice. On the basis of scientific analysis, the author gives concrete suggestions and recommendations on the elimination of these problems.

Christianity organizes thinking about punishment around the value of love. Love requires a focus on the common good and on benefit to the soul or character. Punishments harmful to the soul are to be avoided, and punishments beneficial to the soul are to be favored. This has important implications for the death penalty.

Presents a radical philosophical critique of punishment. Draws a contrast between the ethics of obligation and the ethics of social relations as radically different normative approaches to law and criminal punishment. Also demonstrates that the Clinton administration continues to operate almost exclusively under the ethics of obligation.

Argues that alternatives to punishment need to be conceived in order to move away from the focus on state & individual punishment. To construct these alternatives, punishment can be approached ethically from either an ethics of obligation or an ethics of social relations. The ethics of obligation has been the dominant approach to law & morals in Western philosophy; it views people as able to act voluntarily & make individual ethical judgments, & holds individuals accountable for their actions. In contrast, the ethics of social relations holds that real differences between people, in gender, ethnicity, & sexuality, need to be recognized in law: personal autonomy is relationally constructed, & people are both individually & socially responsible for their actions. Individual punishment is not ethically justifiable under an ethics of social relations. Following this approach, mediation by other institutions besides penal ones may yield greater social dividends when a crime is committed. 17 References. M. Pflum

Taking into account the continuous changes regarding the definition of attempt, a "magic formula" for distinguishing preparatory actions from attempts has not been found yet. Some suggest looking at the matter from objective observer's standpoint, considering the circumstances the third party must be aware of, as well as the existing causal line. The objective observer fiction is the main point in the observation mode of attempt. This thesis can be applied by analysing two stages to "filter" the actions that represent attempt. In the first stage, it is necessary to decide whether and which prohibited activities may possibly be the result of a criminal offence attainment (in abstracto). In the second stage, it is necessary to ascertain whether these activities really are true, and if they are, whether or not they have reached the beginning of attempt by the CC, taking into account the perpetrator's plan (in concreto). If a criminal offence cannot be completed, either due to natural or legal circumstances, we are referring to impossible attempt. With impossible attempt, a perpetrator needs to believe that he or she can complete a criminal offence. There are different types of impossibility, like attempt on impossible object, attempt with impossible means and double impossibility. This paper also analyses gross lack of understanding, imaginary offence and supernatural attempt as important institutes for impossible attempt. Punishment of these types of attempts is analysed in European Union instrument in the field of criminal law and related texts.

The article deals with the goal and principles of imposition of punishment for a woman who committed a crime under three versions of the Lithuanian Statute. It has been established that during the researched period the main goal of the punishment continued being compensation of damages to the victim which proves additional punishments represented by ransom as well as fine for causing material and property damage. This purpose of punishment became a consequence of influence of valuable attitude in the society to the person as well as the lack of opinion in the society on differentiation between the crime and tort. It has been established that the purpose of punishment under Lithuanian Statute was protection of existing legal norms, prevention of crimes and replenishment of budget. It has been found out that when Ukrainian lands were owned by Lithuanian Russian state and the Polish-Lithuanian Commonwealth religion had a significant influence on legal awareness of population and legislator. Every illegal act was considered as a sin by society. That is why such purpose of punishment as atonement stayed. Analysis of Lithuanian Statute allows to say that there was such purpose of punishment as imposition of adequate punishment on the female criminal depending on the gravity of crime. In this case the punishment had to correspond to the gravity of committed crime and performed the function of repayment for committed criminal offence. It has been defined that evolution of the state and legal institutes and gradual enshrining in the notion of crime of the dominant role of formal element influenced such purpose of crime as correction of the female criminal and intimidation. The main purpose of punishment during 16th century was intimidation. It has been established that during researched period principles of imposition of punishment on a woman developed constantly. The Statute defined and enshrined such principles as the principle of individualization of punishment, legality, fairness, humanity and democracy. They mainly ...