Suchergebnisse

It has been emphasized that while investigating criminal offenses committed by minors, special attention is paid to the appointment of forensic examinations, in particular, comprehensive psychological and psychiatric examination and psychological examination. An investigator, a prosecutor should know which of these examinations is appropriate to appoint and what questions should be put to the expert for decision. If the questions are worded incorrectly or not fully, then this will lead to the expert's findings, which do not help in establishing the truth and do not disclose all necessary information about juvenile suspects. Taking into account the provisions of the Art. 486 of the Criminal Procedural Code of Ukraine, we'd like to emphasize that psychological and psychiatric examination is appointed in cases where there are grounds for it, namely the determination of a juvenile suspect's mental illness or a delay in mental development and his ability to fully or partially realize the importance of his actions and to guide them in a specific situation. If criminal proceedings materials indicate on the decrease of a minor's level of development, as well as in order to clarify the socio-psychological traits of a minor, it is necessary to conduct psychological examination. The methodology of the research is based on a systematic approach, determined by the specifics of the article's topic and related to the use of general and special research methods. The comparative and legal method and the method of legal analysis have been used in the study of legislative norms regulating the procedure of the appointment of forensic examinations. The formal and logical method has been used to differentiate the criteria of the subject matter of comprehensive psychological and psychiatric examination and psychological examination, which are assigned in regard to juvenile suspects.

Since the mid 1990s, the sexual abuse of children has become a high-profile topic and concern in UK society. For the media the enemy is obvious: outrage focuses on the paedophile, an evil, cunning and highly dangerous stranger who attacks, sexually abuses and even kills children. In this scenario children are innocent and vulnerable victims in need of protection. The UK government has responded to these concerns through legislation, most notably the Sex Offenders Act 1997, the Sexual Offences Act 2003 and the Criminal Justice Act 2003. These legal measures have shaped the entire field of children and sex in complex ways. On the one hand, legislation has increasingly brought young people into the reach of the law by criminalising and punishing much consensual underage sex. On the other hand, special premises are applied to young perpetrators of coercive sex, effectively treating them more leniently than adult offenders. This paper traces the dynamics shaping this complex and often contradictory legal approach to young people and sex. One important factor concerns the law dealing with a reality of child sexual abuse which is much more complex than the media image of evil adults forcing innocent children into sex. A quarter of all child sex offences are committed by minors (Cawson et al. 2000), but they do not conform to the stereotype of the paedophile. A second influence concerns media opposition to all underage sex, including consensual sex, grounded in moral concerns about teenage pregnancy or childhood innocence. In conjunction these factors create twin pressures for the government to legislate against all underage sex yet exempt young people from being treated as 'proper' child sex offenders by the law.

В статье рассматриваются теоретические основания и проблемы применения к несовершеннолетним преступникам одного из видов уголовного наказания. Анализируется место лишения права заниматься определенной деятельностью в системе основных и дополнительных наказаний для несовершеннолетних, определяется эффективность его применения. Делаются выводы о том, что существование данного наказания статистически и теоретически необоснованно, предлагаются изменения и дополнения к действующему уголовному законодательству РФ. ; The article examines the theoretical foundations and problems of applying one of the types of criminal punishment to underage criminals. The paper analyzes the place of the deprivation of the right to engage in certain activity in the system of basic and additional punishments for underage persons, identifies the efficiency of its application. The author concludes that the existence of this punishment is unjustified statistically and theoretically, and introduces changes and additions to the current criminal legislation of the Russian Federation.

The welfare of every Indonesian citizen is guaranteed in every their right including the children protection rights which is included as human right. To achieve the protection and welfare of the child, the government issued Law Number: The existence of Law Number 35 Year 2014 on the Amendment of Law Number 23 Year 2002 regarding Children Protection affirms the need for criminal sanction penalty and fines for perpetrators of crimes against children, especially to a sexual crime that aims to provide a deterrent effect, and encourages concrete steps to restore the physical, psychological and social life of the child. The research was conducted at the Demak District Court. This is kind of sociological juridical research, which examines the application of sanctions of sexual violence committed against adults at the Demak District Court. The result of the research shows that the judge of Demak District Court in applying criminal sanction is guided by Law no. 35 Year 2014. Penal sanctions, this is fair for both the public and the justice seeker itself. Judge's consideration in imposing a criminal sanctions imprisonment, is based on the defendant being polite in the court, admitting to the truth and regretting his actions.

Worldwide, children and teenagers are recruited for activities related to people smuggling. The reasons for their recruitment range from the lower cost of their labour and their readiness to obey orders to their perception within smuggling operations: since children have a low chance of being prosecuted, it is often believed that laws are more lenient when they are tried for their involvement in smuggling.

In 2007, approximately 810,000 men and women in state and federal prisons were parents to more than 1.7 million children under the age of 18, one third of whom will turn 18 while their parent(s) is incarcerated. Parental incarceration increases the risk that children will experience later behavioral and emotional problems, have troubles in school, and become involved in the juvenile and criminal justice systems. Parenting-related prison programming offers some promise in lessening the negative consequences of parental incarceration, both for children and the incarcerated parent. This study presents the results from a national survey of wardens from male and female correctional facilities to measure the prevalence of programs and services for incarcerated parents and their underage children.

This article is devoted to the analysis of the educational process' organization in Storozhishchensky corrective colony shelter in the Smolensk province, opened in 1894, through the implementation of the principle of social justice, reflected in the pedagogical ideas of the English reformer Robert Owen. It was found that in this institution for male juvenile offenders, the specified principle was used by applying adequate forms of education to them: labour, moral, mental and physical. The authors present the experience of the correctional colony shelter on re-education, correction and socialization of underage offenders, and the formation of their attitudes and values inherent in law-abiding citizens.The methods and forms for achieving this were as follows activities of juvenile offenders in various types of household work: gardening, horticulture, beekeeping, handicrafts; military gymnastics, special exercises, outdoor games, walks; theoretical and practical teaching in agricultural schools, opened at the correctional institution; visits to the church, conversations, positive examples of teaching staff and their moralizing influence on children's personality. Also the article considers methodological approaches, which were used by the teachers of Storozhishchensky corrective colony shelter, such as natural science (biological), sociological, anthropological, cultural, educational, axiological and criminological.

This article is devoted to the analysis of the educational process' organization in Storozhishchensky corrective colony shelter in the Smolensk province, opened in 1894, through the implementation of the principle of social justice, reflected in the pedagogical ideas of the English reformer Robert Owen. It was found that in this institution for male juvenile offenders, the specified principle was used by applying adequate forms of education to them: labour, moral, mental and physical. The authors present the experience of the correctional colony shelter on re-education, correction and socialization of underage offenders, and the formation of their attitudes and values inherent in law-abiding citizens.The methods and forms for achieving this were as follows activities of juvenile offenders in various types of household work: gardening, horticulture, beekeeping, handicrafts; military gymnastics, special exercises, outdoor games, walks; theoretical and practical teaching in agricultural schools, opened at the correctional institution; visits to the church, conversations, positive examples of teaching staff and their moralizing influence on children's personality. Also the article considers methodological approaches, which were used by the teachers of Storozhishchensky corrective colony shelter, such as natural science (biological), sociological, anthropological, cultural, educational, axiological and criminological.

The purpose of this study is to determine what the efforts are made to get at the criminal act of bullying in children (children as perpetrators and victims). The research method used juridical normative. The result of this research is the bullying act in the underage children who often culminate on violence becomes a serious concern for society and government. Children are the next generation of the nation that must have the right protection and direction, so in confront bullying which leads to criminal acts that is done by the child must know what factors influence and what actions can be given to overcome them. Legal protection of child arrange in Code No. 23 of 2002 has been changed with Code No. 35 of 2014 concerning Changed Code No. 23 of 2002 concerning protection of child can be used to protect children from a legal snare that could ruin his future, so the punishment earned still obtain by using non-penal problem solving.

The absence of representation from the sex industry in efforts to address the commercial sexual exploitation of children is striking. "Voices" that get heard are generally limited to survivor testimony, while those who are currently in "the life" are excluded, despite the fact that many enter into prostitution underage and would have been defined as child sex trafficking victims under the Trafficking Victims Protection Act. This article explores the silencing effect of conflating prostitution with sex trafficking, the ways in which sex workers might contribute to addressing the commercial sexual exploitation of children as "allies," and the ethical responsibility of social workers in anti-trafficking work.

En este artículo se estudia la creciente importancia del riesgo de victimización secundaria tanto en la normativa nacional como en la supranacional. Asimismo, se examina cómo esta preocupación ha provocado la regulación de especialidades en las declaraciones sumariales de las víctimas menores de edad, por ejemplo, a través de la Ley 4/2015, de 27 de abril, del Estatuto de la víctima del delito o, más recientemente, la Ley 8/2021, de 4 de junio, de protección integral a la infancia y la adolescencia frente a la violencia. Finalmente, se analiza en qué medida las modificaciones efectuadas para evitar la victimización secundaria han afectado al principio de contradicción y al derecho a la presunción de inocencia. ; This article studies the growing importance of the risk of secondary victimization in both national and supranational legislation. It also examines how this concern has led to the regulation of specialties in the statements of underage victims at the pre-trial stage, for example, through Law 4/2015, of April 27, on the Statute of the victim of crime or, more recently, Law 8/2021, of June 4, on the comprehensive protection of children and adolescents against violence. Finally, it is analyzed to what extent the modifications made to avoid secondary victimization have affected the principle of contradiction and the right to the presumption of innocence.