Canada is currently considering legislating an offence of coercive control. Coercive controlling behaviour is currently criminalized in the UK, Scotland, Ireland, Northern Ireland and New South ...Wales, Australia. Potential benefits of the implementation of a coercive control offence in Canada include enhancing victim/survivor safety with access to protective orders; allowing police to respond in situations where physical violence is not occurring and, importantly, respond in a way that is reflective of the type of violence being enacted and the assessed risk; moving beyond an incident-based view of intimate partner violence to recognize patterns; improving perpetrator accountability and opportunities for risk management; sending a clear message that these behaviours are unacceptable; enhancing public awareness of coercive control; bringing the Criminal Code in line with other recent legislation; and creating consistency between family and criminal courts. This article summarizes the concept of coercive control, including gendered implications and risks for domestic homicide; the need for a coercive control offence, including support from professionals; and guidance for the implementation of a coercive control offence, including promising practices from international legislation, risk assessment, training for police and other professionals, and evaluation and data gathering.
Draft Law on the Criminal Code (RUU KUHP) still gives place to the death penalty as a type of crime. This policy is in the line of the establishment of the Constitutional Court which considers the ...death penalty to be constitutional. Even though there has been a decision on the constitutionality of the death penalty, the polemic about its existence still continues. So that we do not sway with various opinions, it is necessary that the death penalty policy is viewed from the perspective of Pancasila, because Pancasila is a legal ideal and at the same time as a Fundamental Norm of the Unitary State of the Republic of Indonesia. This study aims to answer whether the death penalty moderation policy in the Criminal Code Bill is justified from the perspective of Pancasila or not. This research is a doctrinal legal research with a statutory approach, a conceptual approach and a philosophical approach. The results showed that the death penalty policy in the Draft Criminal Code does not conflict with Pancasila.
The Criminal Code of the Republic of Serbia recognizes individuals as perpetrators of offenses against the Serbian Armed Forces in a manner that, although linguistically similar to the way ...relationships are determined within the Serbian Armed Forces and the Ministry of Defense, fundamentally differs from the definitions provided by the Law of the Serbian Armed Forces. This may pose a challenge for authorized individuals leading criminal proceedings, as they often lack sufficient knowledge of the organization of the Serbian Armed Forces and struggle with its numerous regulations. The issue of legally defining individuals designated as perpetrators of criminal offenses by the Criminal Code is therefore explored through the method of content analysis and a comparison of regulations and broader scientific literature. According to the Criminal Code of the Republic of Serbia, individuals designated as perpetrators of criminal offenses against the Serbian Armed Forces include: military personnel; military superiors; subordinates; officials performing border duties; warehouse manager; citizen of Serbia; commander of a warship; member of a warship's crew; and member of a military aircraft crew. Through further analysis of the content of the regulations of the Serbian Armed Forces, clear definitions are provided for individuals such as subordinates, warehouse managers, citizens of Serbia, and members of a military aircraft crew in all comparative laws and regulations. Minor terminological deviations arise in the definition of the concept of military personnel, while some other subjects are significantly differently defined in the mentioned regulations (such as military superiors, who are actually individuals with the functional duty of a superior; officials performing border duties, who, since 2007, fall under the jurisdiction of the Ministry of Internal Affairs and cannot commit criminal offenses against the Serbian Armed Forces; or the commander of a warship and a member of a warship's crew, who can only be found on a military vessel).
Of the various articles that have undergone changes and additions in the new Criminal Code, one of them is interesting, namely Article 54 related to forgiveness by judges. However, whether the ...concept of forgiveness decision by the judge in the new Criminal Code has a position as a decision in the Criminal Procedure Code or the Criminal Procedure Bill. This research uses a normative juridical research method, which examines the problem by referring to positive law. The results of this study indicate the need for additional types of forgiveness decisions in the Criminal Procedure Bill as a form of criminal law reform because the provisions related to the types of decisions in the Criminal Procedure Code and the Criminal Procedure Bill are currently unable to accommodate forgiving decisions by judges. By examining in more depth the concept of forgiveness by the judge, it will appear that neither the Criminal Procedure Code nor the Criminal Procedure Bill contains the type of forgiveness decision.
The formulation of the idea of forgiving judges (rechterlijk pardon) in the Draft Criminal Code is motivated by the rigidity and inhumanity of the current Criminal Code. Which resulted in small ...cases that were decided criminal, because the current Criminal Code does not accommodate the authority of judges to forgive cases that are considered unfit to be sentenced. This modification of the rechterlijk pardon concept is expected to reflect a sense of justice, benefit within the framework of Pancasila as a source of law for the Indonesian nation. In contrast to the concept of rechterlijk pardon in Article 70 of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System, which has previously applied the concept, to minimize the imposition of crimes against children which should not be based on appropriate retaliation for the crimes committed, because it will be fatal to the physical and physical development of children. To answer the existing problems the author uses a qualitative approach with normative juridical research on the statute approach, conceptual approach and comparative approach. The use of this normative qualitative analysis method is closely related to the problems discussed in comparative approach and conceptual approach, so that it takes the form of descriptive-analytical. The results of this research comparison show that the forgiveness of judges in the Criminal Code Bill needs to categorize the types of minor/moderate/serious crimes and what crimes are forgiven categorized based on the material law itself must also adjust to the implementing rules.
Criminally relevant conduct often falls under several criminal precepts, regulating as many criminal notions as possible, and it is necessary to decide whether all, some or only one of them could be ...applicable. This phenomenon, termed conflict, occurs when a subjects actions with criminal relevance are, wholly or partially, subsumed under different criminal precepts. To definitively classify the punishable act, it is then necessary to take a further step, which can be considered conclusive, and determine the precept or precepts applicable to the act. Hence, this paper analyses the meaning, content, and application of the conflict of laws and conflict of rules.
The article is the result of the research on the practice of applying a protective
measure in the form of placement in a forensic psychiatric facility
an insane perpetrator, before and after July ...1st, 2015. The purpose of the
research was to determine whether and how outpatient protective measures
influenced the practice of applying psychiatric detention in case of
insane persons, in particular, whether outpatient treatment is used instead
of placement in a psychiatric facility in the case of committing offences
with a lower degree of social harmfulness. The purpose of the research
on the procedural law was to determine whether the judicature of the
Supreme Court emphasizing the procedural standard in cases concerning
the discontinuation of proceedings against an insane perpetrator affected
the observance of procedural guarantees of insane perpetrators in criminal
proceedings. The conclusions of the research are based on the statistical
data of the Ministry of Justice, the General Prosecutor’s Office and the
file research. The conclusions of the research are as follows: there was no significant change concerning the practice of imposing placement in
a psychiatric facility on insane perpetrators after July 1st, 2015. The types
of prohibited acts the commission of which justify placing the perpetrator
in a psychiatric facility have not changed significantly. On the other
hand, the procedural guarantees of the insane perpetrator are respected
to a slightly higher degree at present. Therefore, it should be considered
whether the conditions for the application of placement in a psychiatric
facility should not be restricted only to a situation where the perpetrator
poses a threat to selected, most important legal goods.
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