Suchergebnisse

Co-perpetration is one of the most complex forms of committing a crime. The paper presents the development of this institute, beginning with the legal sources of the ancient world, but also the slave and feudal criminal legislation. The authors also analyze the emergent forms of this institute in French bourgeois and German parity law. Finally, the authors deal with this institute in the criminal legislation of feudal and bourgeois Serbia, the Kingdom of Yugoslavia, but also in the modern criminal legislation of the Republic of Serbia. The aim of the paper is to point out possible directions for reform of this very important institute of criminal law.

The article discusses the issue of federalization of criminal law in the UE. The models of federal criminal law legislation are presented with a focus on the US and Australia. Then the author looks at the competences of the EU in the area of criminal law. Recent establishment of the European Public Prosecutor's Office is given due attention as a step towards federalization of investigation and prosecution. Advantages and disadvantages of having federal system of criminal law are presented. The author is of the opinion that federalization of European criminal law is inevitable, however there are also numerous problems related to the process. Therefore the experience of federal states should be taken into consideration while creating the EU federal or quasi-federal system.

The article discusses the issue of federalization of criminal law in the UE. The models of federal criminal law legislation are presented with a focus on the US and Australia. Then the author looks at the competences of the EU in the area of criminal law. Recent establishment of the European Public Prosecutor's Office is given due attention as a step towards federalization of investigation and prosecution. Advantages and disadvantages of having federal system of criminal law are presented. The author is of the opinion that federalization of European criminal law is inevitable, however there are also numerous problems related to the process. Therefore the experience of federal states should be taken into consideration while creating the EU federal or quasi-federal system.

AbstractSince its emergence as a coherent field of study a half century ago, legal socialization has moved to the forefront of conversations about legal reform across multiple fields. Amidst all this work, however, there is surprisingly little scholarship on an obvious, but understudied question: Does the law itself recognize legal socialization? Knowing whether, and how, American law recognizes its need to legally socialize the citizenry toward democratic norms is a critical step for bridging the divide between legal socialization scholarship and social policy reform. For this essay, we consider all 50 state constitutions, including all previous versions. Our analysis focuses on several specific areas where the text explicitly or implicitly addresses the law as a socializing agent. What we find is a diverse landscape of state law that ranges from silence to indirect and direct endorsement of legal socialization as a purpose of law, an obligation of the state, and a right of the individual citizen. Yet we also find that these acknowledgments are complex and at times contradictory, reflecting deep fissures between the law's commitments to democratic republicanism and its anti‐democratic commitments to the maintenance of privilege and overt oppression.

The article proves that the influence of exponential and combinatorial technological changes has led to a crisis of criminal law, which is expressed in the inability to perform its basic functions due to the permanent and dynamic external environmental impact. The author identifies the following fundamental provisions that should be relied on when making decisions on the modernization of criminal law: the emergence of a new (informational) method of committing a crime does not a priori indicate that it is more dangerous than the traditional one, but in many respects indicates the problem of lag social control from the development of society and changes in crime; the adaptation of the norms of the criminal law to the conditions of the information society should not be associated with the construction of "digital twins" of traditional criminal law prohibitions; the introduction of appropriate amendments to the content of the norms is justified only in cases where the adaptive capacity of criminal legislation to manifestations of digital crime exhausts itself; the recognition of the use of information technologies as a qualifying feature of a crime in general must comply with the criteria for differentiating criminal liability justified in science. The article separately substantiates that the emergence of a "digital personality" will complete the beginning of the transition from the traditional criminal law of the industrial society of the 20th century towards the criminal law of the digital world of the 21th century (criminal law 2.0). First of all, this is due to the fact that artificial intelligence and "digital personality" will fundamentally change the scope of criminal law protection.

Millions of China's ethnic minority citizens remain subject to competing legal standards, even as state officials strive to strengthen a unified notion of state law. Minority customary law continues to bind many minority citizens in both civil and criminal arenas and often conflicts directly with state law. What happens when these laws conflict? Based on fieldwork in Yunnan, this article shows how local officials and communities navigate legal pluralism and what legal and policy provisions guide them. Granting local judges discretionary authority to set aside state law in favour of customary law, although seemingly undermining law enforcement, may in the long run be the best path to strengthening rule of law in China's minority regions. (China Q/GIGA)

The article carried out the analysis and systematisation of the criminal law provisions aimed at ensuring transport safety. The author draws attention to the fact that such norms are contained in both the General and the Special parts of the criminal code. The article analyses various concepts of transport security for the possibility or impossibility of their use in criminal law. It is argued that the norms of the Special part of the criminal code can be divided into two groups – regulating crimes in which transport security or its components are included in the main direct object; and regulatory crimes in which transport security or its components are included in an additional direct object (mandatory or optional). The article substantiates the allocation of "related" crimes that indirectly affect transport security.
Keywords: transport security, criminal liability, crime, object of crime, vehicles, transport infrastructure.

The purpose of this thesis is to demonstrate that corporate lawyers' professional ethics, known as legal ethics, requires greater moral content. The role of legal ethics is indicative of how lawyers practice law and is defined by the Queensland Law Society as 'principles and values which, along with conduct rules and common law, regulate a lawyer's behaviour [that give guidance] to ensure right conduct in the daily practice of law'. Legal ethics, therefore, has a vital role in lawyers' professional obligations: legal duties to the law and justice, fiduciary and confidentiality duties as well as discretionary rules such as integrity, practical wisdom, and judgement as well as professional codes of conduct. Legal ethics also refers to theoretical legal ethics (TLE), a generic term coming from philosophical theory, whose function is to provide guiding principles to lawyers when interpreting their professional role and obligations.Lawyers' current TLE, positivist TLE, is guided by a positivist philosophy which the thesis argues is no longer suitable for corporate lawyers and should be replaced. Its narrow scope does not adequately reinforce lawyers' professional obligations, nor address ethical issues of 21st century corporate law practice. The thesis shows the situation faced by corporate lawyers and the problems with positivist TLE, by analysing the legal and ethical issues in the James Hardie (JH) case study. Here, commercial decisions made by JH, parent company of a company group, were later subject to a commission of inquiry initiated by an Australian state government.The thesis proposes a new TLE: Aristo-Kantian TLE, informed by the moral philosophies of Aristotle and Kant and applying them to legal practice issues. This is developed into a practical model that corporate lawyers (and indeed all lawyers) could use to formulate legal and ethical advice to clients. These moral philosophies are applied in three steps: Step I, Moral Sensitivity; Step II, Moral Reasoning; Step III, Lawyers' Dialogue with Clients, to present lawyers' advice. The main research question is: Could Aristo-Kantian philosophies provide greater moral content for corporate lawyers' professional obligations and theoretical legal ethics, with benefits for corporate clients, legal professionals and the public good?