scholarly journals CIVIL LIABILITY OF THE MENTALLY DISORDERED PEOPLE

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Mahdis Riahy ◽  
Mahdi Esmaeile
Keyword(s):  
Criminal Law ◽  
Mentally Ill ◽  
Criminal Liability ◽  
Common Law ◽  
Legal Protection ◽  
Civil Liability ◽  
Case Law ◽  
Mentally Disordered ◽  
Iranian Law ◽  
Injured Party

Nowadays, mental disorders are some of the most common diseases in our societies. In most cases mentally disordered people will be having problems with the environment which they live, people around them and even themselves; with the probability of causing damage. The question is does the mentally disordered individual counts responsible for the consequences of his actions or not? If yes, then what type of liability is on his burden and who is responsible for redressing the damages? In any case, which a person is forced to redress another individuals damage he has civil liability against the injured party. Civil liability is a rational and jurisprudential principle, and also a legal maxim that guaranties remedies for faults of individuals inside a contract or any damages done by the acts of individuals outside of a contract. Considering the legal protection Provided for the incapacitated; liability of incapacitated individuals is an important subject of civil and criminal law. Since the sinister intention is essential for criminal liability; the minor and the insane do not have any criminal liability but insanity and minority are not among the disclaimers of civil liability. In some legal systems such as “Common Law” Civil liability of the incapacitated individuals and their wardens is under the rule of general civil liability regulation. However, in Iran I.R. liability of the incapacitated is clearly recognized by the article “1216” of Iranian Civil Code. In respect of the above, we will be researching about the psychotic and mentally ill individuals and their liability in Jurisprudence and Iranian Case Law. Point of this research is to clarify the conditions of the insane and mentally disordered in Iranian Law and the support given to them by the Legislators

The Necessity Plea in English Criminal Law

1972 ◽  
Vol 30 (1) ◽  
pp. 87-119 ◽  
Author(s):  
P. R. Glazebrook
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Common Law ◽  
Case Law ◽  
Penal Code ◽  
Sharp Contrast ◽  
Striking Feature ◽  
Vast Number ◽  
English Law ◽  
Prevention Of Crime

The sharp contrast between the vast number of detailed statutory provisions defining particular offences and the small handful of widely phrased provisions concerned with the general principles of criminal liability is, perhaps, the most striking feature of English criminal law, and, like the continued co-existence of both common law and statutory offences, one of the unhappy consequences of England's failure to enact a penal code. Among the few statutory provisions laying down general principles of liability or excuse there is none which comprehends a defence of necessity, and so commentators have inevitably looked to the case law for an answer to the question: Is there in English criminal law a defence of necessity? by which they have meant: Is there a defence of necessity in the sense in which there is a defence of, for instance, insanity, or infancy, or duress or prevention of crime? To the question understood in that sense, the answer returned must, it is thought, be a plain No. To ask and to answer the question in that sense may, however, be misleading: it may be more revealing (as this paper suggests) to ask, How does English law handle the plea of necessity when it arises? What, in other words, is the juristic technique employed?

scholarly journals ASPECTS OF INSOLVENCY IN CRIMINAL LAW

2015 ◽  
Vol 3 (72) ◽  
pp. 18
Author(s):  
Ivars Kronis
Keyword(s):  
Criminal Law ◽  
Scientific Literature ◽  
Criminal Liability ◽  
Legal Protection ◽  
Case Law ◽  
Behavior Patterns ◽  
Insolvency Law ◽  
Legal Norms ◽  
The Law ◽  
Insolvency Proceedings

The article contains analysis of the legal norms that govern criminal liability for risks posed to insolvency. Based on case law and conclusions made by the law scholars, the preconditions have been studied the presence of which has to be proven in order to enable calling of a person to criminal account for leading to insolvency, filing of a fraudulent application for insolvency proceedings, hindering the insolvency proceedings and breach of the conditions of legal protection. The study enables deepen understanding of the preconditions to application of the law and helps to gain knowledge of criminal legal protection of insolvency and to avoid any behavior patterns that might be interpreted as criminal. The period since enactment of the new Insolvency Law that has changed the concept of insolvency as well as the course of procedure and therefore has affected the application of criminal legal protection has been too short for development of judiciary in this area. The few sources of scientific literature on the regulation of criminal legal protection of insolvency in the Criminal Law had been published before enactment of the new Insolvency Law. Five years of operation of the Insolvency Law is a kind of milestone for updating the issues of criminal legal protection of insolvency and extended assessment of the insolvency regulations in the Criminal Law.

MAIN SPECIFICATIONS OF ASSESSING ACTIVITIES OF MINOR IMPORTANCE OF IN MODERN CRIMINAL LAW

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 83-95
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
European Countries ◽  
Minor Importance ◽  
Detailed Review

The research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries.

Voluntary Withdrawal in the Context of Attempt – A Defence?

Obiter ◽  
2021 ◽  
Vol 42 (1) ◽  
pp. 148-161
Author(s):  
Shannon Hoctor
Keyword(s):  
South African ◽  
Criminal Liability ◽  
Common Law ◽  
Good Reason ◽  
Case Law ◽  
Current Case ◽  
Voluntary Withdrawal ◽  
Alternative Approach ◽  
The Moment ◽  
Mitigating Factor

Once a crime has been committed, full repentance and restoration do not have any bearing on liability, but may be taken into account in mitigation of sentence. On the other hand, there is no question of criminal liability ensuing for an attempt at a crime if there is a withdrawal from the envisaged crime while still in the stage of preparation, and before, in South African law, reaching the watershed moment of the “commencement of the consummation”. However, what occurs between the moment when the attempt begins, and the moment when the crime has been completed, where there has been a withdrawal from the criminal purpose, is more contested terrain. The disagreement does not apparently arise in the South African case law, where the few judgments that refer to this question have consistently held that where the accused withdraws after the commencement of the consummation of the crime, there will be attempt liability and, at best, the accused may rely on the abandonment as a mitigating factor in sentencing. However, as is discussed, prominent South African academic commentators, along with comparative sources in both the civil-law and common-law jurisdictions, demur from such an “unyielding analysis”, and would regard such withdrawal as giving rise to a defence to criminal liability. Which approach ought to be applied in South African law?  The question may be posed as to how to categorise a defence of voluntary withdrawal? It is neither a justification ground nor a ground excluding fault, but rather a ground excluding punishment. The uniqueness of the defence is demonstrated in that the accused has already met all the requirements for liability, and thus it is not an intending criminal, but an actual criminal who is being considered. This is at least true of the common-law approach (also adopted by South African law), where a two-stage approach is applied to the trial, relating first to establishing criminal liability and followed, if guilt is so established, by an inquiry into sentence. At the outset, it may be stated that the view that is taken in the discussion that follows is that there is no good reason to treat voluntary abandonment as a special defence. As Yaffe has stated, to grant a defence on the basis of abandonment is to mistake the absence of a reason to issue a particular sanction rather than a lower one for a sufficient reason to issue no sanction at all.In the discussion that follows, the current case law is examined, whereafter the alternative approach contended for by some academic writers (and used in other jurisdictions) is discussed; the arguments for and against a renunciation defence are set out, before these aspects are drawn together in a final concluding analysis.

The Royal Road to the Criminal Law’s Concept of the Psychology of Persons

2020 ◽  
pp. 143-204
Author(s):  
Michael S. Moore
Keyword(s):  
Mental Illness ◽  
Criminal Law ◽  
Mentally Ill ◽  
Moral Agency ◽  
Criminal Liability ◽  
Psychological Characteristics ◽  
Central Focus ◽  
Royal Road ◽  
As If

One of the most famous excuses from responsibility and defenses to criminal liability is insanity. The doctrines of insanity are the royal road to grasping the nature of personhood presupposed by both morality and the criminal law. This is because the insane are thought to lack that which makes us accountable agents. The doctrines defining legal insanity are thus examined at some length, probing such doctrines for their suppositions about what psychological characteristics sane persons must possess to be responsible agents. Considerable stripping away from standard doctrines of insanity is needed to reveal the defense’s presuppositions about personhood and moral agency. For those standard doctrines treat insanity as if it were an ordinary excuse like mistake or coercion, just one incidentally limited to those offenders who are mentally ill. Whereas in fact insanity excuses independently of both the cognitive excuses of mistake and of the volitional excuses of coercion, and it does so because of the defense’s central focus on mental illness. Because of their mental illness those who are legally insane lack something more basic than the cognitive and volitional defects on which the defenses of mistake and coercion are based; those who are legally insane lack the moral agency possessed by sane adult persons. This is why this sui generis excuse of insanity affords such a unique opportunity to probe law and morality’s suppositions of what persons must be like to be responsible agents.

Boundaries of Criminal Liability: Participation in Crime, Preparatory Offences and Omissions

2020 ◽  
Vol 53 (3) ◽  
pp. 392-408
Author(s):  
Miriam Gur-Arye
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Review Essay ◽  
Criminal Liability ◽  
Common Law ◽  
Civil Law ◽  
Legal Rules ◽  
Core Concepts ◽  
The Common ◽  
Anglo American

The book Core Concepts in Criminal Law and Criminal Justice: Anglo-German Dialogues is the first volume of an Anglo-German project which aims ‘to explore the foundational principles and concepts that underpin the different domestic systems and local rules’. It offers comparative perspectives on German and Anglo-American criminal law and criminal justice as ‘examples of the civil law and the common law worlds’. The comparisons ‘dig beneath the superficial similarities or differences between legal rules to identify and compare the underlying concepts, values, principles, and structures of thought’. The review essay focuses on the topics of omissions, preparatory offences, and participation in crime, all of which extend the typical criminal liability. It presents the comparative German and Anglo-American perspectives discussed in the book with regard to each topic and adds the perspective of Israeli criminal law. It points out the features common to all these topics as an extension of criminal liability and discusses the underlying considerations that justify the criminalisation of omissions, preparatory offences, and participation in crime. In evaluating whether extending criminal liability in these contexts is justified, the review essay suggests reliance on two main notions: that of ‘control over the commission of the offence’ and that of ‘liberty (or personal freedom)’.

scholarly journals Features of criminal and legal protection оf state secrets under US law

2021 ◽  
pp. 123-128
Author(s):  
O. РONOMARENKO
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
State Secrets

The article is devoted to determining the features of criminal law protection of state secrets under US law. The system of US regulations in the field of protection of state secrets is considered. The classification of types of state secrets is given. The grounds for criminal liability for crimes in the field of protection of state secrets have been determined. The measures of criminal and legal influence applied to the persons who have committed such crimes are revealed.

scholarly journals Dear reader,

2019 ◽  
Vol 28 ◽  
pp. 1-1
Author(s):  
Jaan Sootak
Keyword(s):  
Intellectual Property ◽  
Criminal Law ◽  
Assisted Suicide ◽  
Criminal Liability ◽  
Legal Protection ◽  
Contract Law ◽  
Fundamental Rights ◽  
Legal Person ◽  
Medical Law ◽  
The University

A large proportion of the articles in Juridica International this year is dedicated to criminal law. A paper that truly addresses the issues of legal dogmatics in this field in depth with regard to delict of negligence was contributed by Laura Feldmanis. Raimo Lahti’s article on the criminal liability of a legal person is written from the standpoint of criminal and comparative law, while Frieder Dünkel’s approach to German sanction law should provide plenty of interest and joy of discovery for legal scientists and practitioners alike. Thomas Weigend’s submission, in turn, takes a rather unique look at the material element in criminal law and criminal procedure. He focuses his attention on truth and values. Andres Parmas has considered Estonian criminal law in relation to the dogmatics of international criminal law. All of these articles are an outgrowth of presentations made at a jubilee conference that took place at the University of Tartu. I would like to take the opportunity here to thank everyone who participated in the conference – especially, of course, the speakers. In addition, two articles on medical law had their beginnings in presentations at the conference. One of them, by Henning Rosenau, is squarely in the domain of classic medical law, bringing together discussion of human rights and of issues connected with reproductive medicine. The other medical-law article, by Henning Lorenz, draws particular attention to an addition to German criminal law that has made waves (and met a lot of criticism) in the fields of criminal law, medical law, and legal policy in general: criminalising assisted suicide. This topic has been subject to intense discussion also in the media of Estonia and other countries.  I can happily say on behalf of both myself and the editorial board that, at the same time, the new issue offers plenty to read also for those less interested in criminal and medical law. Self-driving cars are a matter of interest not only to engineers but also for lawyers. Taivo Liivak’s ‘What Safety are We Entitled to Expect of Self-driving Vehicles?’ considers some of the issues that we will soon face on the streets on a daily basis. Private law is represented in the article ‘A Half-built House? The New Consumer Sales Directive Assessed as Contract Law’. This piece on consumer protection and contract law was submitted by Kåre Lilleholt, who holds the title Doctor Honoris Causa from the University of Tartu. A paper jointly authored by Ilya Ilin and Aleksei Kelli, ‘The Use of Human Voice and Speech in Language Technologies: The EU and Russian Intellectual Property Law Perspectives’, examines the legal protection of intellectual property. The field of constitutional law is represented too, by Ivo Pilving’s presentation of an approach to fundamental rights in the context of European Union law in ‘Parallele Anwendbarkeit von Grundrechtecharta der EU und nationalen Grundrechten’. Still more colours are added to the legal palette by Märt Maarand, with his article ‘The Concept of Recovery of Credit Institutions in the Bank Recovery and Resolution Directive’, and by the paper ‘Is Full Preference for a Secured Claim in Insolvency Proceedings Justified?’, by Anto Kasak. 

scholarly journals The regulation of informed consent to participation in clinical research by mentally ill persons: An overview

2010 ◽  
Vol 16 (4) ◽  
pp. 6
Author(s):  
A Nienaber
Keyword(s):  
Informed Consent ◽  
Clinical Research ◽  
South African ◽  
Mentally Ill ◽  
Common Law ◽  
Case Law ◽  
Legal Requirements ◽  
Mentally Ill Persons ◽  
South African Constitution ◽  
National Health Act

The article examines the legal requirements relating to the informed consent of mentally ill persons to participation in clinical research in South Africa. First, the juridical basis of informed consent in South African law is outlined; and second, the requirements for lawful consent developed in South African common law and case law are presented. Finally, the article deliberates upon the requirements for the participation of mentally ill persons in research as laid down by the Mental Health Care Act and its regulations, the National Health Act and its (draft) regulations, and the South African Constitution.

8. Inchoate offences

Criminal Law ◽  
2019 ◽  
pp. 304-354
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Common Law ◽  
Legal Protection ◽  
Child Victims ◽  
Sexual Offences ◽  
Serious Crime ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses inchoate crimes. A person does not break the criminal law simply by having evil thoughts. Where, however, a person takes steps towards effecting that plan to commit a substantive offence which is more than merely preparatory, he may in the process commit one of the inchoate crimes of attempt, conspiracy, or encouraging or assisting the commission of an offence. The chapter examines relevant offences in the Serious Crime Act 2007 concerning encouraging or assisting and the Act’s abolition of the offence of incitement. It outlines the legal protection from prosecution provided to particular vulnerable victims who might otherwise be liable for encouraging others to commit offences against them, such as some child victims of sexual offences. The chapter analyses the statutory offence of conspiracy and outlines common law offences of conspiracy to defraud and conspiracy to corrupt public morals or to outrage public decency. It examines the requirements for liability for attempt. The Law in Context feature examines critically the growing range of inchoate offences for terrorist offences.

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