scholarly journals THE PUNITIVE DISTINCTION ON GROUNDS OF SEX IN THE PENAL CODE OF SPAIN AND THE ORGANIC LAW 1/2004 OF 28 DECEMBER ON INTEGRAL PROTECTION MEASURES AGAINST GENDER VIOLENCE

2019 ◽  
Vol 3 (84) ◽  
pp. 42
Author(s):  
Jose Antonio Gonzalez-Costa
Keyword(s):  
Single Case ◽  
Comparative Method ◽  
Theoretical Method ◽  
Criminal Code ◽  
Penal Code ◽  
Gender Violence ◽  
Research Progress ◽  
Protection Measures ◽  
Legal Method ◽  
The Law

The aim of this article is to examine the punitive differences after come into force of the law 1/2004 of 28 of december, (LVG) because this law protect only women and not men, studying the differences in the law enforcement, and what criminal consequences will have, in every single case, depending on the victim, if it’s a woman or if it’s a man.In order to research the objective and fulfill tasks set the research project, the applied methods during the research progress are the following: analytical, inductive, logical, systemical. Also the method of the analysis of literature, the comparative legal method and theoretical method of research to investigate, analyse and summarize information of publications.The methods chosen are very important in analysing the Spanish law, case law materials to opinions of legislator and law scientists.Supported by the inductive and comparative method is used in order to make it able to analyse individual aspects of the law 1/2004 and the criminal laws its application and consequences in differents cases, from several theorethical conclusions.The logical and analytical method was used in order to study content of the law, its protections to the victims and punishment and if with its application the society is better and secure for everyone, analyzing the effects in the citizens.The overall object of this article “The punitive distinction on grounds of sex in the penal code and the organic law 1/2004 of 28 december on integral protection measures against gender violence” is a national human rights interests, however the direct object is national interests in the field of domestic violence and violence against the women, and the protection of the woman in the society and her freedom and development as a human being. Moreover the the application of this law creates social conflicts, make deeper the differences between man and woman and it doesn’t solve effectively the problem of the violence against the women.The subject matter of this article is the Spanish Criminal law in connection with the violence against women and its effective application and using different methods to check if the principle of equality in the law and of sexes is applied in Spain in an egalitarian and fair way. The most common cases are the physical and psychic aggressions, threats and coercion, and this is what the law 1/2004 and the Spanish criminal code try to sorted out.Also, this law is strong criticized by many sectors, and in this article it’s defended the position  that this law should be applied to both sexes, without distinction and so, to try to convert the society in a space of equality and justice.The main conclusion shows that actually in Spain, the society is suffering a very unfair law, specially for men, and does not help really to women when they are assaulted.It must to be changed this law, being applied to everyone without exceptions, that’s means, without making differences between  woman and man.

The draft code and reliance upon official statements

Legal Studies ◽  
1989 ◽  
Vol 9 (2) ◽  
pp. 177-188 ◽  
Author(s):  
Glanville Williams
Keyword(s):  
Criminal Code ◽  
Penal Code ◽  
Model Penal Code ◽  
Draft Code ◽  
American Law ◽  
The Law ◽  
Political Realities ◽  
Law Commission

Any project to draft a criminal code has to compromise between the desirable and the politically possible. It may be that the draft now produced by the Law Commission, or something like it, is the best that can safely be backed, though the contrast between it and the American Law Institute's Model Penal Code (which also had to take account of political realities, and yet has been adopted in many States) is a painful reflection on our stodginess. It is hard to avoid the impression that the Law Commission have been too cautious in their approach, leaning too much in favour of bare restatement of the existing law and against modifications that experience or reflection show to be necessary.

scholarly journals Sentencing of Minor Offences in Indonesia: Policy, Practice and Reform

2021 ◽  
Vol 10 ◽  
pp. 778-783
Author(s):  
Christina Maya Indah Susilowati ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Lower Limit ◽  
Criminal Law ◽  
Government Regulation ◽  
Criminal Code ◽  
Penal Code ◽  
Regulatory Issues ◽  
Policy Practice ◽  
Legal Method

This paper seeks to evaluate minor offenses in the Criminal Code in Indonesia. So far, the value limit for determining minor offenses in Indonesia is increasingly irrelevant to the value of the currency due to inflation. It will cause a gap in criminal law in dealing with changes. As the result, police will do unfair and non-humanistic law implementation. The objective of this study is to identify the importance of revising the lower limit of minor offenses in the Criminal Code in Indonesia. The study used a socio-legal method on the contextualization of Indonesian Criminal Codes related to the categorization of minor offense regulation in Government Regulation No. 2 of 2012 and in Penal Code, by utilizing a humanitarian perspective in law enforcement, especially by police who still charge some minor offenses with 5 years imprisonment. The results confirmed that some changes have been made related to this matter as the Indonesian Supreme Court has made some regulations, such as No. 2 of 2012 on adjustment in minor offense law. This means that all criminals doing minor offenses cannot behold as prisoners in the investigation or prosecution process. The main contribution of this study is to construct a perspective of legal and regulatory issues to emphasize a fair of justice in dealing with minor offenses with a model of humanistic law enforcement. The result is expected to practically contribute and recommend the importance of constructing fairness of justice principle in law enforcement in particular and of revising minor offense sentencing in general.

scholarly journals LEGAL APPLICATION OF THE OFFENCE OF MURDER AND EUTHANASIA IN NIGERIA

2017 ◽  
Author(s):  
Sani Ibrahim Salihu ◽  
Yuhanif Yusof ◽  
Rohizan Halim
Keyword(s):  
Criminal Justice ◽  
Medical Treatment ◽  
Assisted Suicide ◽  
Criminal Code ◽  
Penal Code ◽  
Slippery Slope ◽  
Human Being ◽  
Physician Assisted Suicide ◽  
Voluntary Consent ◽  
The Law

Abstract: Euthanasia is one of the concepts that stifled debate among academics, lawyers, religious scholars and even politicians. The reason being that it is killing human being although forcompassionate reason, and with voluntary consent of the victim. Opponents of legalizing it, rely on the fear of slippery slope, sacred nature of life and question of inheritance. Despite the aforementioned factors, some countries legalised it while it remains a crime in the majority of other countries including Nigeria. We wrote this paper with the aim of highlighting and reinforcing the prohibition of the practice using Nigerian laws. Doctrinal method was employed to achieve the above objectives. In the process both primary and secondary legal materials were fully considered. The scope of the paper was limited to substantive provisions of both the penal code and the criminal code of Nigeria respectively. The aforementioned laws deal with the offence of murder by conduct or omission. However, there is no mention of the direct act of euthanasia, but from the reading of the laws inference can be drawn relating to withholding and withdrawing medical treatment leading to death. The finding of the paper is that although there is an elaborate provision regarding the prohibition of euthanasia under the criminal code, the law is not so adequate under the penal code and both laws are independent of themselves. Since both laws are applied at different geopolitical zones in Nigeria, the inadequacy of the laws will affect the administration of criminal justice in Nigeria. The paper therefore suggests an amendment to the penal code to fill the gap it has created.   Keywords: Euthanasia, Physician assisted suicide, Slippery slope, Murder, Nigeria.   Abstrak: Euthanasia telah menimbulkan konflik antara ahli akademik, peguam, tokoh agama dan juga ahli politik. Ini adalah kerana ia mematikan atau membunuh manusia sekalipun dilakukan atas dasar simpati dan dengan persetujuan mangsa. Pihak yang menentang euthanasia berpegang kepada faktor-faktor ‘slippery slope’, kesucian nyawa dan isu peninggalan. Walaupun begitu, terdapat negara yang mempraktikkan euthanasia manakala negara yang tidak berbuat demikian adalah kerana mengganggap ia sebagai satu jenayah termasuklah Nigeria. Artikel ini bertujuan untuk membincangkan berkaitan larangan perlaksanaan euthanasia berdasarkan undang-undang yang ada di Nigeria. Kaedah doktrinal digunakan untuk mencapai objektif kajian. Kedua-dua data primer dan sekunder turut digunakan dalam proses ini. Skop kajian pula hanya memfokuskan kepada peruntukan undang-undang ada dalam kanun keseksaan dan kanun jenayah. Undang-undang ini ada kaitan dengan kesalahan membunuh sama ada melalui melakukan sesuatu perbuatan atau ketinggalan. Walaupun tidak dinyatakan secara langsung, tetapi perbuatan menahan dan menarik balik rawatan perubatan yang membawa kepada kematian boleh dianggap sebagai euthanasia. Dapatan kajian menunjukkan bahawa walaupun terdapat peruntukan berhubung larangan terhadap euthanasia di bawah kanun jenayah, tetapi ia tidak mencukupi di bawah kanun keseksaan dan kedua-dua undang-undang ini adalah bebas daripada satu sama lain. Memandangkan kedua-dua undang- undang ini digunakan di zon yang berbeza di Nigeria, kelemahan undang-undang ini akan mempengaruhi pentadbiran keadilan jenayah di Nigeria. Oleh itu, artikel ini mencadangkan pindaan dilakukan kepada kanun jenayah bagi mengatasi masalah ini.   Kata Kunci: Euthanasia, ‘Physician assisted suicide’, ‘Slippery slope’, Bunuh, Nigeria.

scholarly journals A MEDICAL ERROR: DOES LAW HELP OR HINDER

2019 ◽  
Vol 72 (4) ◽  
pp. 697-701
Author(s):  
Nataliia V. Nikitchenko ◽  
Andrii M. Khankevych ◽  
Dmytro V. Slynko ◽  
Tetiana I. Savchuk ◽  
Viktor V. Lazariev
Keyword(s):  
Health Care ◽  
Health Care Quality ◽  
Legal Regulation ◽  
Care Quality ◽  
Synthesis Methods ◽  
The European Union ◽  
Protection Measures ◽  
Patients Rights ◽  
Legal Method ◽  
The Law

Introduction: Health systems and health policies across the European Union are becoming more and more interconnected and also more complex. This increased interconnection raises many health policy issues, including health care quality. Mistakes in medical care can occur anywhere in the health care system – at hospitals, doctor’s offices, nursing homes, pharmacies, or patients’ homes - and in any part of the treatment process involving wrong medication, improper treatment, or incorrect or delayed test results. The aim of the article is to develop adequate theoretical and scientific-practical proposals for the modernization of the legal regulation to protect patients’ rights aimed at observance of constitutional rights and freedoms. Materials and methods: In order to obtain the results the analysis of medical, labor and civil law norms are investigated. The article uses analysis and synthesis methods, as well as a comparative legal method. Review: A number of proposals are given for improving legislation in the area of eliminating obstacles to provision of qualitative primary care / medical-preventive care, prevention of formal attitude towards the patient, the implementation of preventive protection measures which should notify in advance about the violation of the law in the medical sphere. Conclusions: Ukraine urgently needs a legal mechanism to protect the rights of patients; it will become a systemic phenomenon and will consist of legal means, forms, ways by which the restoration of violated patients’ rights is provided, the support of protected interests by the law is maintained, legal disputes are resolved and other obstacles to realization of patients’ rights are overcome.

Sanksi Pidana Terhadap Pelaku Pemotong Dana Bantuan Sosial Covid - 19

2021 ◽  
Vol 2 (2) ◽  
pp. 255-260
Author(s):  
Kadek Agus Indra Ana Putra ◽  
I Nyoman Gede Sugiartha ◽  
Luh Putu Suryani
Keyword(s):  
Social Assistance ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Sanctions ◽  
Legal Method ◽  
Procedure Code ◽  
Legal Sanctions ◽  
The Law ◽  
Materials Used

The criminal act of embezzlement and fraud committed by deducting the Covid-19 social assistance funds, specifically the provisions in article 372 of the Criminal Code. Meanwhile, fraud is regulated in Article 378 of the Criminal Code. This research focuses on criminal or legal sanctions against the perpetrators of cutting Covid-19 social assistance funds based on the law, namely the Criminal Procedure Code (KUHP). The purpose of this research is to regulate legal sanctions against perpetrators of Covid-19 social assistance fund cutters. It applies the normative legal method by using a conceptual and a case approach.. The sources of legal materials used are primary, secondary and tertiary sources of law. The technique of collecting legal materials is done by recording, quoting, reading, and summarizing the literature related to the formulation of the problem which is then analyzed systematically. The result of the research shows that the criminal sanctions against the perpetrators of cutting Covid-19 social assistance funds based on the Criminal Procedure Code (KUHP), are regulated in article 372 of the Criminal Code for embezzlement, while fraud is subject to article 378 of the Criminal Code. The perpetrator was charged in accordance with Article 372 regarding embezzlement and Article 378 of the Criminal Code regarding the criminal act of fraud.

scholarly journals Remarks on the determinants of the criminal policy pursued by the courts via the example of the implementation of Article 178a § 2 of the Criminal Code and Articles 62–62a of the 2005 law on Counteracting Drug Addiction

2021 ◽  
Vol 57 ◽  
pp. 13-31
Author(s):  
Anna Muszyńska
Keyword(s):  
Drug Addiction ◽  
Criminal Policy ◽  
Criminal Code ◽  
Penal Code ◽  
Penal Policy ◽  
The Law ◽  
Written Law ◽  
Criminal Legislation ◽  
The Impact

The author of the study joins the discussion on the factors shaping the criminal policy characteristic for the period of validity of the Penal Code of 1997. She does so based on a selected fragment of the legal reality, outlining the impact of the criminal legislation on the criminal policy in terms of implementation of the latter by the courts. The author uses the example of the regulations of Article 178a § 2 of the Criminal Code and Articles 62–62a of the 2005 law on Counteracting Drug Addiction concerning their normative and practical terms. Analysing the crimes indicated, which belong to common behaviours, She reflects on the complexity of relations between the written law and the law in action. In conclusion, the author emphasises that it is the law in action and the examination of its results that refl ects factors that have specific significance for the shaping of penal policy.

scholarly journals Fungsionalisasi Undang-Undang Darurat, Nomor 1 tahun 1951 sebagai Suplementasi dari Pasal 284 Kitab Undang-Undang Hukum Pidana Indonesia

2019 ◽  
Vol 3 (1) ◽  
pp. 78
Author(s):  
Henni Muchtar ◽  
Muhammad Prima Ersya
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Penal Code ◽  
Way Of Life ◽  
Applicable Law ◽  
The People ◽  
The Law ◽  
Civil Courts ◽  
The Way

The Penal Code of Indonesia as the heritage of Colonial Regime, in some instances is not in line with the people of Indonesia. One of them is that the article 284 concerning the prohibition of adultery, that has difference in concept with the values owned by Indonesian people. Therefore, there should be a breakthrough that the article adopts contemporary condition and be in line with the way of life of the people of Indonesia, especially related the first pillar of Pancasila, that is believe in one God.   The purpose of this article is to discuss and convey the idea of the existence of Emergency Law No. 1 of 1951 concerning Temporary Measures in Organizing the Unity of the power and procedure of Civil Courts as supplementation of the article 284 of the Penal Code. This research applied normative juridical method and applicable law approach. The result of this study finds that Article 284 of the Penal Code could basically be accepted as one of the offense entities, but it is considered as lack Indonesia's spirit, even some consider that it not as a form of values in Indonesia people. The compliance between the law and the nation’s spirit is very important because the nation’s spirit is a source of material law that creates people’s legal awareness, as a guideline for law enforcement, as well as a source of the people’s law obidience. Considering the weaknesses and limitations of the article 284 of Penal Code in regulating adultery and the controversy of several articles in the draft Criminal Code which ended by the suspension of enactment and implementation, the Emergency Law No. 1 of 1951 can be enforced as supplementation of th article 284 of the Penal Code in order to maintain the balance and order in the society

scholarly journals MANFAAT ANALOGI DALAM HUKUM PIDANA UNTUK MENGATASI KEJAHATAN YANG MENGALAMI MODERNISASI

Yuridika ◽  
2017 ◽  
Vol 31 (2) ◽  
pp. 220
Author(s):  
Aris Hardinanto
Keyword(s):  
Information Technology ◽  
Criminal Law ◽  
Science And Technology ◽  
Criminal Code ◽  
Penal Code ◽  
Left Behind ◽  
The Law ◽  
The Difference ◽  
The Times ◽  
The Impact

The development of information technology and bring a significant impact on the development of society and the law. In the field of criminal law, appear various types of crimes recently that never existed in the laws of criminal law (CRIMINAL CODE), because by the framers, haven't gotten around to think about before. The consequences are many terms in the PENAL CODE which, if interpreted narrowly made the CRIMINAL CODE left behind by the times. To overcome stiffness in interpreting CRIMINAL CODE, then the judge is given the authority to interpret broadly known by the method of interpretation of the law. Methods of interpretation of law in the criminal law is a method of grammatical interpretation, history, teleologis, systematic, and extensive or restrikif. Legal scholars have different opinions on the interpretation of the extensive and analogy. Some legal scholars distinguish but there are who equate. The difference of views as well as to be whether the analogy application of analogy in the criminal law. The analogy has a benefit as solution addressing the stiffness of judges in interpreting the provision in the Criminal Code which have not had time unthinkable by the framers of the CRIMINAL CODE as the impact of the development of science and technology.

scholarly journals Konsep Transplantasi Sanksi Pidana Adat Melalui Pendekatan Hukum Progresif ke Dalam Hukum Pidana Nasional sebagai Upaya Pembaharuan Kebijakan Hukum Pidana

2018 ◽  
Vol 2 (3) ◽  
pp. 147-160
Author(s):  
Lucky Endrawati
Keyword(s):  
Criminal Law ◽  
Local Community ◽  
Criminal Code ◽  
Moral Values ◽  
Penal Code ◽  
Criminal Offenders ◽  
Criminal Offense ◽  
Direct Benefits ◽  
The Future ◽  
The Law

Hukum pidana adat terdapat kaedah-kaedah yang mencerminkan nilai-niIai moral yang tinggi yang berlaku secara universal bagi seluruh masyarakat di Indonesia. Dengan demikian dapatlah disimpulkan bahwa hukum pidana adat telah mencerminkan nikai-nilai dalam pendekatan hukum progresif. Oleh karena itu, hukum pidana adat adalah mutlak perlu mendapatkan tempat bagi pembentukan KUHP Nasional di masa yang akan datang sebagai salah satu upaya pembaharuan hukum. Namun kiranya perlu dipertimbangkan bahwa didalam memberikan tempat kepada hukum pidana adat bagi pembentukan KUHP Nasional tersebut hendaknya dicari kaedah-kaedah yang hanya berlaku secara universal bagi seluruh masyarakat. Kaedah-kaedah tersebut kemudian dikodifikasikan dalam KUHP Nasional, sehingga ia akan menjadi kaedah-kaedah KUHP Nasional semata-mata, bukan sebagai kaedah hukum pidana adat lagi. Dalam hal ini berarti bahwa kedudukan hukum pidana adat telah digantikan hukum pidana nasional, namun yang tetap dijiwai perasaan hukum yang hidup didalam seluruh masyarakat di Indonesia. Adapun konsep transplatasi sanksi bagi pelanggar hukum pidana setempat, sebaiknya pengadilan memilih menjatukan tindakan (maatregel) yang dipertimbangkan dapat memberikan beban bagi si pelanggar, namun sebaliknya dapat memberikan manfaat langsung bagi rnasyankat setempat. Hal ini bertujuan mengembalikan keseimbangan yang ada didalam masyarakat yang bersangkutan. Hal yang kiranya perlu mendapat perhatian didalam menjatuhkan sanksi kepada si pelanggar hukum pidana setempat adalah : 1. Beratnya sanksi yang berupa tindakan tersebut disesuaikan berat ringannya pelanggaran yang dilakukan. 2. Beratnya sanksi juga disesuaikan dengan tingkat kemampuan si pelanggar yaitu sejauh mana ia dapat melaksanakan sanksi itu. 3. Apabila pelanggaran hukum pidana adat setempat tersebut ternyata terdapat pidananya didalam KUHP NasionaI, maka yang barus dipergunakan banyalah kaedah dan sanksi yang dirumuskan didalam KUHP Nasional. Customary criminal law has methods that reflect high moral values that apply universally to all people in Indonesia. Thus it can be concluded that customary criminal law reflects values in a progressive legal approach. Therefore, customary criminal law is absolutely necessary to get a place for the formation of the National Criminal Code in the future as an effort to reform the law. However, it is important to consider that in providing a place for customary criminal law for the establishment of the National Penal Code, methods should be sought that are universally applicable to all people. These methods are then codified in the National Criminal Code, so that they will become the National Criminal Code solely, not as a customary criminal law method anymore. In this case it means that the position of customary criminal law has been replaced by national criminal law, but that is still imbued with a feeling of law that lives in all people in Indonesia. As for the concept of transplanting sanctions for local criminal law offenders, the court should choose to unite actions (maatregel) which are considered to be a burden on the offender, but instead can provide direct benefits to the local community. This aims to restore the existing balance in the community concerned. Things that need attention in imposing sanctions on local criminal offenders are: 1. The severity of sanctions in the form of such actions is adjusted for the severity of the violations committed. 2. The severity of the sanction is also adjusted to the level of the offender's ability, namely the extent to which he can implement the sanction. 3. If the violation of the local customary criminal law turns out to have a criminal offense in the National Criminal Code, then only a number of methods and sanctions should be used which are formulated in the National Criminal Code. 

scholarly journals Reform of criminal Code and Requirements building of Good Governance

2016 ◽  
Vol 2 (4) ◽  
pp. 9
Author(s):  
Hassan Abd-Ali Isa
Keyword(s):  
Criminal Law ◽  
Good Governance ◽  
Criminal Policy ◽  
Criminal Code ◽  
Penal Code ◽  
Political Transformations ◽  
The Social ◽  
Dialectical Relationship ◽  
The Law ◽  
The One

The law is a key input for the establishment of good governance, it is no guarantee the rule of law cannot achieve good governance in the community requirements. So the law must be responsive to the objectives which aims to achieve good governance on the one hand, and the line with the social, economic and political transformations concurrent with his other hand. This dialectical relationship assumes without doubt the various branches of law reform, including the Iraqi Penal Code No. 111 of 1969. The purpose statement that includes research on two aspects, the first focuses on clarifying dialectical relationship between good governance and reform of the Penal Code. The second shows the main directions of the reform of the Iraqi Penal Code No. 111 of 1969, with a focus on the most important, in the light of contemporary criminal policy. It is limited to the (humanization of the criminal law), and (expand criminalization circle), and (internationalization of the criminal law).

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