Background: The contribution is focused on current challenges in the criminal protection of children field by means of criminal law in the Slovak Republic and the European Union. The authors define ...the term, “child,” in the applicable law. They examine in detail the legal regulation of the child’s position as a victim, especially as a particularly vulnerable victim in criminal law. Attention is given to the victimisation process in relation to the specifics of the child. The legal regulation of criminal law in the Slovak Republic, as well as within the European Union, reflects the need for a special approach to the protection of children and youth, and adequate legal instruments are gradually being created and introduced.
Methods: Legal comparison, content and functional analysis of legal acts, analysis of court decisions, historical analysis, and comparisons were used to process research data.
Results and Conclusions: The current criminal law regulation of the status and protection of children and youth in the Slovak Raepublic requires regulation to effectively respond to new threats and risks, primarily associated with the increase of criminal activity against children in the virtual world. New forms of criminal activity by using computer technology and social networks are constantly increasing. Prevention and education are irreplaceable aspects of the protection of children and youth from crime. It is more effective to have a good prevention system than to deal with the consequences. Based on our research, we recommend introducing a subject focused on the prevention and intervention of crimes of a sexual nature into the education of school-age children. At the same time, we recommend continual building of specialized workplaces within law enforcement bodies in the Slovak Republic.
Although there are still different views on the criminal liability of legal entity, particularly related to the fact if these socio-real creatures have or have no criminal liability for criminal ...offenses committed within society, the positive law of the Republic of Kosovo does recognize the criminal liability of such persons. In this regard, by noting the importance of Legal entity within our society, their activity, their impact on various social developments, and taking into account also the possibility of non-compliance with positive-legal norms by the respective entities we will gradually tackle the general aspects of the legal framework which is dedicated specifically to the criminal liability of legal entity. Thus, the research will be focused on presenting general data related to: fundamental notions related to the legal entity along with its criminal liability, the historical aspect of dealing with relevant entities in terms of recognizing their subjectivity, while the main focus will be the treatment of criminal liability and criminal sanctions which pursuant to the legal framework of the Republic of Kosovo could be imposed in conjunction with the relevant entities. In addition, apart from treatment of criminal liability of legal entity in accordance with the current legal framework of the Republic of Kosovo, we will also try to address the respective matter in the comparative dimension, with special emphasis on the criminal legislation of the Republic of Albania. Therefore, we will gradually gather the data on how the criminal liability of legal entity is regulated according to the criminal legislation of the neighboring countries, more specifically we will focus our study on the criminal legislation of Albania. The treatment of the chosen topic for study will be based on the application of: historical-legal method, analytical method and comparative method.
Nowadays, the crime of spreading pornographic content as one form of cybercrimes has developed into a frequent offence. This offence has inflicted a lot of damage psychologically and materially for ...those who become the victims because, with internet access available in cyber space, the spread of pornographic materials is faster, wider, and easier to be accessed by public. The aim of this study is to review criminal law policy on the handling of pornographic content spreading offence according to the present and the future positive law. This study used normative juridical method, a method which analyzed a problem based on ius constitutum and ius constituendum. Criminal Code and Special Criminal Act such as Pornographic Act and Electronic Information and Transactions Law (UU ITE) have not clearly regulated pornographic content spreading crime in Indonesia and have not been able to countermeasure this type of crime. This problem occurs in part because regulations are applicable specifically for offence containing pornographic element, but not applicable for the spread. Criminal Code Bill needs to be ratified because the Bill regulates the offence related to pornographic contents which is suitable to the condition and issue arising in Indonesia recently. In comparison to regulations on offence related to pornographic content spreading in various countries, the author found that each country adjusts the law related to pornographic content spreading according to the type of issues they face. Thus, Indonesia also needs to make a legal product that can suppress the spread of pornographic materials.
In Indonesia, the issue of capital punishment is a matter of controversy between those who are pro to the death penalty and those who are against the death penalty. Those who disagree with the death ...penalty assume that the inhuman death sentence is contrary to the principle of fair and civilized humanity in accordance with Pancasila, only Allah can take a person's life, if the judge is wrong in passing the sentence, what can be improved again. The pro-death penalty party considers that the death penalty deserves to be imposed on a sadistic criminal in carrying out his action because if he is not sentenced to death he will repeat his crime. The death penalty is also in accordance with the National RKUHP which is pro on capital punishment, but with certain conditions. If we observe from existing laws such as the Narcotics Act, the Corruption Law, the Terrorist Law, etc. then it can be said that the Law is pro death sentence. In the context of capital punishment, Kontras, which is concerned with the matter of upholding human rights, provides a criminological view that capital punishment does not provide a deterrent effect on the perpetrators of Extraordinary Crimes, because such actions can be motivated, not only from individual distributor factors, but also structural factors, for example community economic instability due to domestic political conditions. So, because the death penalty also conflicts with the right to life, it is fitting that the death penalty be replaced with life imprisonment.
The paper discusses with the crime of rehabilitation of Nazism contained in the 1996 Criminal Code of the Russian Federation. It presents the rationale for its introduction into the legislation, the ...scope of the legal regulation, and its evaluation in terms of its content and edition. For the purpose of the publication, research questions were posed, the answers to which demonstrated the political and populist nature of the regulation and its imprecise casuistic approach, which brings few benefits to Russias criminal policy.
This paper addresses the important current problem of illegal crossing of a national border, which since autumn 2021 has been particularly intense on the Belarusian–Polish section of the border. It ...has been serious enough to pose a security threat not only to Poland, but also to the rest of Europe. This article contains a discussion of the solutions provided for in the 1999 Criminal Code of the Republic of Belarus that concern illegal border crossing and associated crimes, i.e. organization of illegal migration and violation of the period of prohibition of entry into the territory of the country. For the purposes of the article, it was assumed that the scope of the regulations in question is casuistic and restrictive, and provides little guarantee of protection of the national border of Belarus. The legal analyses that were conducted generally confirmed the assumed evaluation of these solutions.
The article aims to analyse who a bionic man is and whether a bionic person can be a subject of a criminal deed according to Criminal Code of the Republic of Lithuania.
The article presents an experience of comparing the articles of the Criminal Code of the Russian Federation and of the Federal Republic of Germany (Strafgesetzbuch), aimed at protecting social ...interaction and public order from vandalism. The purpose of the given comparison was an attempt to form a holistic treatment of the phenomenon of vandalism from the point of view of statutory evaluation. To make the comparison, a comparative legal analysis of the relevant norms was selected as a tool. As a result, the authors have identified the similarities and differences in the structure of legal norms, in the terminology, the existence of related norms protecting against encroachment on public order – those similar to antivandal measures, the specificity of public relations, as well as personal property rights. The prospect of further research on the legal status of vandalism in different countries has been outlined.
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