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З тих пір, як існують держави і відповідні їм правові системи, проблема злочинності в них одна з найбільш основних. Злочинність - складова правопорушення. Поняття правопорушення більш широке, ніж поняття злочинність. Правопорушенням є будь-який не узгоджений з нормами права вчинок, що дає державі право накладати на правопорушника санкції, передбачені тим чи іншим правовим кодексом. Злочином же є лише такий вчинок, який інтерпретується лише відповідно до карного кодексу. Злочин - окремий акт порушення карного кодексу, а злочинність - це вже соціальне явище. Воно існує не тому, що люди живуть сумісним життям, в якому можуть іноді завдавати шкоду один одному, групам та організаціям тощо, а тому, що існують правові системи, в яких передбачені відповідний спосіб інтерпретації і міра покарання за певного роду соціальні дії.
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One individual, living in Oregon, was the first woman found guilty of war crimes related to the conflict in Bosnia.
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The purpose of this article is to analyse the issues related to Lithuanian positive obligation to ensure everyone’s protection within their jurisdiction from ill-treatment, as defined by the Article 3º of the European Convention on Human Rights (namely cases where violence is inflicted by private individuals in a private sector). Torture, in Lithuanian Criminal Code, is criminalised as qualifying attribute in the Murder (article 129º, Lithuanian Criminal Code), Severe health impairment (article 135º, Lithuanian Criminal Code), Non-severe health impairment (article 138º, Lithuanian Criminal Code), Causing physical pain or a negligible health impairment (article 140º, Lithuanian Criminal Code), and such as a personal aggravating circumstance - “the act has been committed by torturing the victim or subjecting him to taunting” (article 60º, Lithuanian Criminal Code) to individualize punishment to defendant. According to previous researches (Romualdas Drakšas and Regina Valutyte), the existing criminal liability of torture it is not enough. They believe that the Lithuanian Criminal Code should allow a direct criminal liability of action of torture. In this article, the author wanted to verify if there’s really a need of a direct criminal liability in Lithuanian Criminal Code. The author argues that, in the Lithuanian legal system, there is article 60º of the Lithuanian Criminal Code on which basis courts can punish defendant of acts of torture and individualise his punishment, adjusting it to his actions. Therefore, the author wanted to investigate Lithuanian case-law related to article 60º part 1, point 4 of the Lithuanian Criminal Code and ascertain does acts of torture in Lithuanian legal system are considered as a torture and punished without reservation. In other words, it is important to understand if the provision of the article 60º of the Lithuanian Criminal code ensures effective safeguarding from the torture, inhumane or degrading treatment, as defined by the Article 3 of European Convention on Human Rights. With reference to case-law search system “infolex“, data shows that, since the new Lithuanian Criminal Code (entry in to force to May 1, 2003) to December 31, 2016 there was a very small number of cases raising the need of a more severe punishment, based on article 60º, part 1 point 4 of the Lithuanian Criminal. Out of this small number, the courts applied this article only in 6 cases. There is no doubt that quite a lot offences in Lithuania are cruel and are held like a torture. Lithuanian case-law analysis showed that the article 60º of the Lithuanian criminal code does not function in the Lithuanian legal system and Lithuanian courts causeless does not apply this law. For this reason, Lithuania does not ensure effective safeguarding from the torture, inhumane or degrading treatment, as defined by the Article 3 of European Convention on Human Rights. The author suggests that the Lithuanian legislator should take into account other examples where tortures are criminalised as a strict liability (Criminal Code of France) and qualifying attribute in extortion (article 181 of Lithuanian Criminal Code), robbery (article 180 of Lithuanian Criminal Code), rape (article 149 and article 150 of Lithuanian Criminal Code) (Criminal Code of France, Spain, Finland, Norway).
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On the 2nd of December, 2010, the new norm which criminalizes illicit enrichment was added to the Criminal Code of Republic of Lithuania (further – the CC). The content of this crime is having an asset which can not be justified by person‘s legal income. According to explanatory report, such measure has been established because of prevention, herewith to pursue reduction of profit and attraction which originated from corrupt and economic crimes. At first sight it seems like this is a very simple norm which is easy to apply. However, after the legal research, case law and statistic data review, it can be claimed that there are many issues related to this norm. Scholars who analyzed the norm of illicit enrichment raised a lot of relevant questions related to responsibility and the nature of this crime. Is the offense defined appropriately and clearly? Is the value of the asset as the subject of crime of illicit enrichment adequate? Can this crime exist independently with no overlap to other crimes from which the person got rich? Should it be the special subject provided in this offense according to the recommendation of United Nations Convention against Corruption?The article 1891 of the CC according to the content and expression is not traditional indeed. This can be confirmed by fact, that many Courts of Republic of Lithuania have already referred to the Constitutional Court of Republic of Lithuania in order to clarify out does the norm of illicit enrichment object to Constitution and to constitutional principles. It is important to notice that on the 15th of March, 2017, during the writing process of this article, the Constitutional Court published the act in which were analyzed five applications of Lithuanian Courts with the requests to investigate does the first section in article 1891 of the CC object to Constitution and to constitutional principle – the rule of law. Thus, the purpose of this article is to answer a question does the norm of illicit enrichment which is established in article 1891 of the Criminal Code of Republic of Lithuania object to the special principles of criminal law.The consist of illicit enrichment crime is analyzed in the first section of this article. The norm of illicit enrichment, which is established in article 1891 of the Criminal code of Republic of Lithuania, with respect to the special principles of criminal law is analyzed in the second section of this article.It is concluded that prosecution of person in committing illicit enrichment crime by negligence would infringe the provisions of one of the most important special principles of criminal law – “nullum crimen sine culpa”. Assessing the analyzed norm through the provisions of “ultima ratio” principle, it must be held that Lithuanian legislator chose the incorrect measure to combat against corrupt and economic criminality.
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The Financial Action Task Force (FATF) constitutes an important pillar in the regulatory system of international economic relations. The Group can be seen as a modern equivalent of the nineteenthcentury “concert of powers”. Five characteristics of the latter – 1) special role of great powers; 2) semi-openness; 3) main purpose of serving the interest of its members; 4) accepting intervention into affairs of non-members; 5) limited institutionalization – can also be used to describe FATF. The article elaborates on the multiple similarities, while also discussing the differences between both systems. The conclusion is that despite its minor drawbacks, the FATF model is an efficient and effective tool in combating crime and terrorism, and as such is beneficial for the whole international community, not only the very members of the Group.
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Six months into his term, President Jeenbekov is putting his own stamp on the country, dismaying his predecessor.
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This paper explores the relationship between Satanism and criminal acts related to that sphere which are frequent in criminal and judicial practice. Author proposes two definitions of a criminal act connected with the contemporary occultism, as well as definition of occult-related crime. He offers a review of the already existing classifications of the Satanism-related crime, after which he presents additional, legal-oriented typology. It is concluded that the crime associated with Satanism is extremely heterogenous and comprehensive category which includes many criminal acts which presence in practice varies a lot. Those criminal acts could be directly and primarily motivated by some kind of Satanic doctrine; however, in most cases, real motivation for a crime lies outside of that matter. Author divides most common crimes into four wider categories, analyzing particular crime motives, modus operandi and other elements relevant from legal, criminalistic and criminological perspective. The author points out that the most frequent criminal acts associated with the domain of Satanism/pseudosatanism are various types of vandalism (for example: graffiti containing Satanic and anti-christian messages, grave desecration, church vandalism, as well as damaging or destruction of varios religious monuments, sacred items and sacred places connected with Christian religion), which usual perpetrators are adolescents. Regarding ritual sacrifices, in vast majority of cases, object of criminal act is some sort of animal. Unlike popular speculations, human sacrifices connected with Satanic ceremonies are extremely rare in practice. Absolute majority of registered murder cases (and other crimes against life, physical and sexual integrity, rights and freedoms of man and citizen) which were inicially (in the early stages of investigation, or simply by sensationalist media informing) pointed out as a possible examples of “ritualistic satanic crimes”, proved not to be primarily related with real or presumed Satanic interests of the perpetrator. Even in those cases which were indirectly connected with some elements of Satanism, personal characteristics and general life perspective of the perpetrator proved to play crucial role in the domain of motivation for a crime and its realization (f.e. existence of some of the common pragmatic crime motive, presence of various personality disorders, presence of psychosis etc.). Author presents and analyses satanic-related clues typical for all sorts of crime, as well as clues which are significant for particular criminal acts. He underlines the existence of wide varietry of occult/satanic indicators, which could vary from the satanic and anti-christian symbols, textual messages, illustrations, numerological aspects etc., to the less visible indicators concerning time, place, method, means, purpose of particular criminal act and the like. Among other things, author concludes that proper recognition of those clues and indicators could be an important step towards understanding and successfully solving individual criminal case.
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The process of globalization is affecting all areas of social life, and thus no exception crime. Its effect is most evident in the development of new forms of crime that transcends national borders and states receive a supranational character. This primarily refers to the various forms of organized crime, but also in certain of its forms, which are a kind of state violence and the consequences of which are reflected in the systematic violation of human rights. Also, the process of globalization of crime has caused the formation of international organizations aimed at combating pf crime which transcends national boundaries. New forms of crime are conditioned by globalization demanded a new approach to their study. Existing criminological theories have proven inadequate in explaining all the causes that lead to crime. It was necessary to create new theories and new doctrines about the causes of crime. In the continuous process of development of criminology, in constant search for new explanations of the causes of crime, within the sociological theories have emerged and globalization theories of criminality, which the authors in their work special attention. The focus of the globalization theory on crime just on its prevention, to reduce the risk of its occurrence. This is certainly a positive step because it shifts the focus of criminologists with immediate causes of crime and focus on the study of their interactions, which is largely socially conditioned, which is especially prominent in the work. The aim of this paper is to point out that globalization theories should not be viewed in isolation from other criminological theories and doctrines, but that one, although relatively new, contribute to the creation of complete systems of criminological doctrines in order to find the optimal social response to crime.
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Theft is an offense against criminal property. There are some similarities and differences between crime committed against robbery and other property. These similarities and differences have been examined in our study.
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The subject matter of this paper are moral problems of criminal liability, with a particular focus on an attempt to find such features in the area of morality whose accumulation in criminal law determines its specificity. We may distinguish two aspects of deliberations on moral problems of criminal liability. The first of the aspects concerns the issue whether all behaviours regarded as criminal offences are morally wrong. It is particularly important as such condemnation of the act is supposed to distinguish criminal law from other branches of public law. The second aspect concerns the issue of criminal penalty and it is related to the issue of guilt and its relationship with moral responsibility. The main argument of this paper is the fact that the contemporary philosophy of law has not created any coherent concept making it possible to distinguish criminal law from other branches of public law on grounds of morality.
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Many outstanding psychologists like Philip Zimbardo and Simon Baron-Cohen ask the fundamental question: How Can Good People Turn Evil? An answer to this question should also be interesting and important for lawyers. In fact, sometimes there are situations when the so called, ‘good people’ become capable of committing real crimes. Some of these situations are not accidental, but they are created by somebody who knows well methods how to manipulate others. Then, we usually have a case of guilt without conviction.
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Penal liability for stages of perpetrating an offence is not an unambiguous issue. So, it must be remembered that in case of endeavor there is no infringement of the legal interest, or if clumsy endeavor is meant such infringement could not take place. Expansion of penality beyond perpetration, is substantiated in literature by actual social harmfulness of such behavior which is not indifferent from the point of view of their negative importance in a social sense. Each endeavor means endangering the legal interest protected by a proper legal ban; in case of endeavor the danger is direct. So, penality of endeavor is justified by two elements.
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The aim of this study is to present the issues of binding force statement of intent expressing objection to taking saving life actions in case of such a need in the future. This problem becomes current when a patient is unconscious and they cannot express their will basing on an assessment of all of the circumstances regarding their health. In the study the current legal status and judicature are being analysed. The analysis leads to the conclusion that the lack of legal regulations in Poland concerning the so-called statements pro futuro precludes a doctor from making a right assessment of his duties in the context of criminal responsibility for their negligence. It concerns both a duty to act and a negligence of life or health saving actions. The lack of legal criteria assessments of a doctor’s responsibility in the context of criminal responsibility for their negligence precludes from acknowledging statements pro futuro as obliging to negligence of treatment. The Polish law guarantees the patient the right to the self – determination in insufficient way but the constitutional principle of specificity of an offence (nullum crimen sine lege) does not give a permission to attribute criminal responsibility to the doctor for performing intervention despite the existence of such a statement, because the prohibition of undertaking the medical interventions in case of an objection raised before occurrence of the situation that needs such an intervention must have a source in the binding rules.
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The article Truth in criminal trial points out great importance of facts in every criminal procedure. The author presents a new look at some legal regulations in Poland. For example he strongly criticizes laws (and practice!) which forbid disclosure of a criminal’s personal data. It is just unfair towards decent citizens because they might be future victims of such criminals. By the way: veritatem sequi est tueri iustitiam.
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The article contains the strict description of issues connected with Polish law of intellectual property in aspects of possible criminal responsibility for breaking this law. The text describes the elements of crimes against intellectual property, that are included in Polish Act of Copyright and Allied Rights in Sections 115–119, with indication of penalties which threaten for committing such crimes. The article is an attempt on performing of difficulties which can be met in combining the interpretation of public and private regulation existing in the same act – on example Act of Copyright and Allied Rights. One presents connections between general regulations that are typical for civil (private) law and detailed regulations of criminal law. There are following conclusions placed in the text: The Act of Copyright and Allied Rights contains a few types of crimes against intellectual property, which description leaves too much innuendos. It causes difficulties in giving interpretation compatible with the principle of nullum crimen sine lege stricta and certa. The most obvious instance is the crime provided in Sec. 115.3 of the Act of Copyright and Allied Rights; The regulations of criminal responsibility in the Act of Copyright and Allied Rights seem to be not consulted with persons working on criminal regulation both in theory and practice. They are different from traditional criminal regulations and that is why they cannot be easily used according to rules of interpretation customary functioned in practice of criminal procedure. Besides these regulations are written with using language that is not found it Polish Penal Code. It should be considered if there is a need to retain the criminal responsibility for breaking the regulation of the Act of Copyright and Allied Rights. It seems that the protection that is result of civil law is sufficient. There is difficult to precise the public interest that is threatened by the described crimes. It ought to be focused on the private interests of authors and other subject having proper rights attendant from the Act.
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Das Konzept des offenen und halboffenen Strafvollzugs entwickelte sich in der ersten Hälfte des 19. Jahrhunderts in Frankreich, als man begann, Strafgefangene außerhalb der geschlossenen Strafvollzugsanstalten zu beschäftigen. Der Ursprung der klassischen offenen Strafanstalten liegt im schweizerischen Witzwil. Dort entstand 1894 die erste offene Strafanstalt, die ein Vorbild für andere Strafanstalten dieser Art wurde1. Empfehlungen der internationalen Strafvollzugskongresse in Budapest 1905 und den Haag 1950 sowie der ersten Konferenz der Vereinten Nationen über „Verbrechensverhütung und – behandlung” in Genf 1955 befürworten die Einrichtung von halboffenen und offenen Strafanstalten.
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The article presents results from research on a group of 69 adults of both sexes, sentenced to no more than two year prevention of liberty for offences committed in connection with a state of being addicted to alcohol or drugs, and therefore without intent and of course premeditation. Pursuant to article 96 of the Polish Penal Code, perpetrators are sentenced to an obligatory drug treatment without their assent to the therapy, therefore their assent is not required. Depending on results of the drug treatment, perpetrators are or released from the remaining punishment or are sentenced to no more than two year prevention of liberty. In this article it is necessary to stress that a lack a of perpetrator’s assent to the obligatory drug treatment and therefore their reluctance to a co – operation creates problems both for the justice and these patients. Knowledge of the problems in question made to postulate that the provision of article 96 of the Polish Penal Code should be changed for the following reasons. Firstly, an obligation of the drug treatment without perpetrator’s willingness to be cured makes article 96 a useless provision because the obligatory drug treatment without their co-operation in the treatment process has no sense. Secondly, in case of no co-operation and reluctance to be cured, the judge should be given an opportunity to repeal the sentence of the obligatory drug treatment and sentence the perpetrator to imprisonment. The suggested changes are supported by results from the empirical research, made by the author in hospitals in Toszek, Branice and Gorzów Wielkopolski, which prove that article 96 of the Polish Penal Code should be changed as follows. The court should have a possibility of considering the real term of the obligatory drug treatment on account of the punishment and the remaining period of imprisonment should be conditionally terminated or conditionally suspended.
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The article discuss the main thesis of justification to Polish Constitiutional Tribunal’s judgment k 44/07. The Tribunal expressed the conviction that the fight against terrorism just as the fight against organized crime, or in regular war does not justify the suspension or withdrawal of basic rights and civil liberties. Tribunal notes that the elimination of Article 122 in Polish Aviation Law does not preclude state authorities to respond to the threat described in the disposal of the contested norm. There are other instruments to act in such a situation: • The state institution of higher necessity – in the case where the aircraft are occupied by passengers and crew who are not terrorists. • Self-defense – in a situation where the aircraft are limited to bombers. Direct provision authorizing the murder of its own citizens by the state has no place in the Polish legal system.
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The dimension of (measurements of) joint punishment presents important problem, for defendants and judges, for its obligatory voting beholden <oblige>, when premises get with article 85 k.k. So, all attempts of references are notable for this problem, particularly, attempts which have been undergone by legislator in this purpose taken in order to delete numerous interpretation doubts. Content of regulation of chapter IX of Polish penal code, but particularly, article 86 k.k. and 89 k.k. were taken into consideration. Hence, chosen jurisdictions of the Supreme Court and literature concerning this regulation were analysed, as these regulations have important meaning within last months. Passage of time entitles to these first estimates of changes.
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