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.
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.
Introduction: the article analyzes the concept and legal nature of digital currency and certainnoveltiesrelated to digital currency, which were put forward in the last few years so as to be ...introduced in the Criminal Code of the Russian Federation. Aims: to study and summarize legislative initiatives related to digital currency; to define the concept and essence of digital currency; to establish its place in the civil rights system; to analyze the possibility of recognizing digital currency as an object and (or) a means of committing crimes. Methods: historical, comparative-legal, empirical methods of description and interpretation; theoretical methods of formal and dialectical logic; legal-dogmatic method, and interpretation of legal norms. Results: having analyzed the development of Russian legislation regulating the legal status of new digital objects of economic relations we see that the features that make up the general concept of digital currency do not allow us to determine the range of objects that fit this legislative definition; moreover, these features do not allow us to define digital currency as an object of civil rights and identify which operations and transactions with it are legal. Due to the above, it is impossible to establish criminal liability for committing acts involving digital currency. Conclusions: we have revealed certain tendencies toward legalization of digital currency on the one hand, and prevention of its use for payment for goods and services, including the imposition of criminal-legal prohibitions, on the other hand. The concept of digital currency needs to be revised: its definition should not contain a reference to the operator and the nodes of the information system. The most correct solution seems to be the introduction of the concept of cryptocurrency to denote a decentralized means of expressing value; as for digital currency, it should be understood as centralized funds, for example the digital ruble. Digital currency must be recognized as an object of civil rights, being classified as other property. This will help to minimize the difficulties in recognizing it as a subject or means of crime and introduce socially determined prohibitions into the criminal law.
Keywords: digital currency; digital rights; cryptocurrency; amendments to the Criminal Code of the Russian Federation; novelties in the Criminal Code of the Russian Federation; crimes against property; crimes in the field of economic activity; theft
THE 1969 CRIMINAL AMENDMENTS Cossman, Brenda
The University of Toronto law journal,
06/2020, Letnik:
70, Številka:
3
Journal Article
Recenzirano
This article explores the impact of the 1969 Criminal Code amendments partially decriminalizing homosexuality on the subsequent development of the gay legal subject and gay legal resistance. It ...argues that the language of privacy constituted the very terms of the resistance to the continued criminalization of many dimensions of gay sexuality.
The past few decades have seen an increase in culturally responsive policies and programs aimed at ameliorating the hardship and disadvantage faced by Indigenous peoples in the Canadian criminal ...justice system. These policies and programs, however, operate within a criminal justice system that consistently fails Indigenous peoples. What has yet to be tried is a nation-to-nation approach to criminal law jurisdiction where Indigenous peoples have legislative authority to enact and administer their own criminal laws. This paper shows that Indigenous jurisdiction over criminal law is possible within Canada's constitutional framework.
In Part I, I outline the current state of Indigenous self-government over criminal law. Although initiatives such as sentencing circles and Indigenous courts allow Indigenous peoples to exercise greater self-government over the administration of justice, they still do not exercise true criminal law-making authority. In Part II, I analyze existing discussions about separate Indigenous justice systems and identify a framework for how concurrent jurisdiction over criminal law can be exercised. In Part III, I draw on the doctrine of cooperative federalism to argue that Indigenous jurisdiction over criminal law can coexist with the federal government's jurisdiction over criminal law. Lastly, in Part IV, I discuss four ways Indigenous nations can attain jurisdiction over criminal law: (1) a constitutional amendment; (2) a self-government agreement; (3) a claim under section 35 of the 'Constitution Act, 1982'; and (4) federal legislation. While a constitutional amendment is the preferable solution, I argue that federal legislation informed by Indigenous peoples is the best alternative.
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