Suchergebnisse

The article discusses the criminal responsibility for illegally organizing migration, using a comparative documentary-based methodology. Constant changes in public life suggest the need to improve states' criminal policy in the field of establishing responsibility for organizing illegal migration, both nationally and internationally. An analysis of the provisions of international criminal law makes it possible to consider various legal approaches to the criminalization of acts in the field of migration. The document underpins the need to develop a unified approach to determining the characteristics of the crime in question, as it is transnational. It is concluded that, regardless of the different approaches of States to recognize illegal population migration, the organization of this illegal activity, in the presence of certain signs, should be recognized as a crime. At the same time, the organization of illegal migration is defined as the commission by a criminal group (association of criminal groups) of actions aimed at creating the conditions for the illegal movement of foreign nationals across the state border or their illegal presence in each country.

Doron Teichman (Hebrew University of Jerusalem - Faculty of Law) has posted Evidentiary Graded Punishment: A New Look at Criminal Liability for Failing to Report Criminal Activity (Criminal Law and Philosophy, (Forthcoming)) on SSRN. Here is the abstract: This Article...

This article deals with the concept, essence of the institution of exemption from criminal liability and challenges of the functioning of this institution. The objective of the institution of exemption from criminal liability is to prevent the restriction of human rights by bringing the violator to criminal responsibility that is not proportional to its objectives. The Plenum of the Supreme Court of Ukraine defined the concept of exemption from criminal liability in 2005. This definition does not correspond to the modern realities of the development of criminal legal science and practice. In particular, while it is mentioned that, in fact, a State refuses to impose penal measures on a person, it is not specified why such a refusal exists. There is a need to establish in article 44 of the Criminal Code a definition that will reflect the imposition of the investigational institution more accurately, as its application is not only a clemency of the State against the perpetrator of the crime, but is based on the fact that the objectives of punishment are achieved without the actual prosecution of the perpetrator. Another problem is that the criminal legislation of Ukraine does not provide for the quantitative restriction of the application of exemption from criminal liability to a particular person. His absence calls into question the very existence of this institution, since in a situation of repeated commission of a crime by a person against whom such exemption has been applied, it can be said that neither the purpose of exemption from criminal responsibility nor the purpose of punishment in general has been achieved against him. Another challenge is the issue of the patterns for the application of exemption from criminal liability. The main reason is the commission of the crime for the first time. However, the Criminal Code of Ukraine does not specify what should be understood by the crime committed for the first time. The question of taking into account the identity of the perpetrator in the application of ...

AbstractUnder international humanitarian law commanders have been entrusted with the task of ensuring respect for that body of law by their subordinates. This responsibility includes not only the training in IHL of those under their command, but also the taking of necessary measures to prevent or punish subordinates committing violations of IHL. Failure by a commander to do so will give rise to criminal liability, often termed superior responsibility. The following article reviews some of the issues arising from the application and development of this form of responsibility, from both a practical and a legal perspective.

Not all parents sincerely accept and give affection to children with disabilities. Disabled children are still considered a disgrace from the family therefore so many cases of children to abandon with disabilities carried out by their own parents. Humans are creatures created by the Almighty God who has the same position. Every human being has the dignity and inherent of humanity. This condition should not be the cause of the dignity lose of children with disabilities or an excuse for not aligning them with other children. Indonesia guarantees the survival of every citizen, including persons with disabilities who have the same legal and human rights position as Indonesian citizens. The act of abandoning children with a disability is a crime that must be held a liability to each of the perpetrators including both the children's parents and children who are victims of abandoning from their parents must obtain legal protection from the government. This research is analyze the criminal liability of parents who abandon children with disabilities. The method used was normative law which aimed at finding and formulating legal arguments, through analysis of the subject, the approach used in this study was legislation approach by examining the applicable legal rules related to criminal liability of parents who abandon children with disabilities.

The purpose of this article is to study the criminal liability of
medical professionals in cases of suspension, in accordance with
jurisprudence in Ukraine, the European Union and the United
States of America (USA). He made the comparative method.
According to the investigation, the number of criminal proceedings
in Ukraine by the authority and misconduct of medical doctors is
about 2% per population, my figure that rises to 30% in Europe
and is the stable yes in the US and is 28%. 32%. The main objective of the
article is often area identify specializations in the medical office occurs
with the mayor based on Ukrainian jurisprudence (data from Ukraine's
only state judicial decision register from 2016 to 2019). In addition, the
study analyses the impact of the main influences on the ability of medical
professionals for their professional functions. From counting the results
show that surgeons, gynecologists, paramedics, and anesthesiologists are
the most prone to deviation and medical error. Key proposed criteria have
been proposed as medical errors differ from medical writing.

The legislative provisions which make it an offence to procure a miscarriage unlawfully or assist in the unlawful procurement are to be found in sections 58 and 59 or the Offences Against the Person Act 1861. In recent years the most common way for an Irish woman to obtain an abortion has been to leave the Republic and obtain such an operation in Britain, where the restrictions imposed on the medical profession with regard to performing operations are far less onerous. How then would the Irish courts view secondary parties to such extra-territorial activities?

Political parties are often in the spotlight because of the corrupt behavior of their members with the aim of party interests. The forms of criminal acts of corruption by cadres or political party administrators have various modes, including bribery, buying and selling positions, extorting strategic sectors, harming state finances, abuse of authority and misuse of budgets in development programs. Although there are many cases where political parties are suspected of being in the vortex of enjoying the proceeds of criminal acts of corruption, until now criminal responsibility is still borne by individuals, whether cadres or administrators of political parties. This study aims to provide an overview of the criminal liability arrangements of political parties in corruption in Indonesia and to conduct a comparative study of the accountability of political parties in Indonesia and South Korea. The research method used is non-doctrinal by taking secondary data sources with legal, conceptual and grammatical approaches. The results show that Indonesia still includes political parties as corporations, however, political parties in Indonesia are legal entities that cannot be held criminally responsible. South Korea is an example of a country that regulates criminal acts of political parties through their respective laws. In general, South Korea imposes criminal responsibility on persons or administrators of party members, not on the party itself.

The aim of the thesis was to analyse and evaluate the criminalisation of excessively risky decisions taken by managers of limited liability companies. The potentially disastrous consequences of excessive risk-taking were powerfully highlighted by the most recent financial crunch, although its dangers are not limited to the times of economic crisis. In the same time risk taking is at the very beginning and at the very core of business activity. By criminalising managers' excessive risk-taking criminal law enters a sphere, which is at the core of the activity it affects. This research examines possibilities to punish excessive risk-taking in three selected legal orders representing three different models of criminalisation and analyses whether it is justified and proportionate to criminalise excessive risk-taking. Since the latter proved to be the case, it formulates a blueprint how to design criminalisation of such acts taking into account the factual and legal background within which such a criminalisation would have to be fitted. This proposal might serve the national legislator as well as potentially the European one. The methodological approach chosen for this study is composed of an in-depth study of the three selected legal systems, functional comparison of identified solutions as well of a normative study aiming at proposing recommendations for a use of criminal law to counter excessive risk-taking. In order to examine criminalisation of excessive risk-taking three legal orders containing relevant provisions have been identified: England and Wales, France, Germany. As to the first, the Fraud Act 2006, in particular fraud by abuse of position provides a possibility to punish a manager who dishonestly abuses his position by exposing the company to excessive risk. The French offence of abus de biens sociaux punishes high-level managers for acting against the company's interests. Exposing the company to excessive risk is one of the forms of acting against these interests. The offence of Untreue in German law ...