According to Article 91 of the Penal Code, any kind of doubt on the "intellectual development and perfection" of a child causes the punishment of Hadd and Qisas to fall. In fact, by expressing this ...concept, the legislator has taken a valuable step towards the transcendence of the principles of criminal law for children and adolescents; but at the same time, due to the ambiguity and theoretical shortcomings, this issue is associated with many intellectual conflicts among legal scholars. If this concept and its relationship with intellect in the field of criminal responsibility are not well clarified, multiple practices in criminal proceedings in this regard will be expected. Intellectual development is a concept that inherently related to some of the basics of neuroscience. Therefore, the present study strives to explain this concept in the context of neurolaw and to determine its achievement criteria. In this regard, using the valuable experience of the American jurisprudence to localize its mechanisms and legal teachings in our country's criminal justice system can be very fruitful. The findings of this study, in addition to significantly eliminating scientific gaps in this field, provide judges with appropriate views and criteria regarding the intellectual development in juvenile delinquency.
The 2019 Act Amending the Penal Code introduces, among other provisions, legislative modifi cations concerning rules in the area of penal legal responsibility of juvenile off enders for crimes they ...have committed. These changes were directed at increasing the repressiveness against juvenile offenders, manifested by introduction of an obligatory additional premise and a relatively mandatory premise to apply criminal responsibility in relation to this group of perpetrators. This amendment signifi cantly limits the possibility to implement the principle of accurate penal legal response in cases where application of penal law as an ultima ratio seems inadvisable. The said relationship is discussed in the article in the context of the theory of law and the concept of the presumption of law, which combines facts related to the age of the perpetrator with the alleged facts of the culpability, and as a consequence the ability to bear penal responsibility on terms provided for in the code, in contrast to the responsibility contemplated in the Act on proceedings concerning rights of juveniles. The author postulates that this relationship should be reversed, which appears as a legislative challenge that can signifi cantly reduce the level of repressiveness of regulations contained in the Amending Act.
Disclosure of professional secrecy is incriminated in Article 142 of the Slovenian Penal Code (KZ-1). The offence protects the privacy of individuals in order to protect them from abuse when personal ...information and secrets are communicated to persons of certain professions (doctors, lawyers, priests, etc.). The issue is analyzed briefly; however, the context raises extremely complex dogmatic issues, particularly in the direction when unlawfulness of the crime shall be excluded, whether it is reasonable that such a complex offence is not prosecuted ex officio or upon request by the injured person, and the nature of relationship between the offence of disclosure of professional secrecy according to Article 142 and offences under Articles 280 (Failure to Inform Authorities of Preparations for Crime) and 281 (Failure to Provide Information of Crime or Perpetrator) of the Slovenian Penal Code. The aim of this paper is to highlight some legal dogmatic issues that have not yet been discussed in legal practice. On the other hand, the authors would also like to urge the legislature to amend the current criminal offence of disclosure of professional secrecy.
Scopul investigației de față îl constituie analiza implicațiilor juridico-penale ale amendamentelor operate prin Legea nr.208/2016. Analiza efectuată arată că modificarea operată în alin.(6) art.16 ...din Codul contravențional a îndepărtat în plan terminologic Codul contravențional de Codul penal. Din aceleași considerente, este inoportună modificarea alin.(4) art.17 din Codul contravențional. În același timp, se prezintă ca oportună modificarea art.18 din Codul contravențional. De asemenea, se justifică modificarea cu caracter de precizare a art.541 din Codul contravențional. La fel, este salutară modificarea alin.(1) și (2) art.96, art.97, alin.(1) și (2) art.971, art.972, art.99-103, art.149, alin.(2) art.155 și a art.243 din Codul contravențional. Totuși, acestea nu sunt singurele norme contravenționale care se află într-o relație de complementaritate cu anumite norme penale. De aceea, legiuitorul ar trebui să dea dovadă de mai multă consecvență și să abordeze uniform ipotezele similare care vizează complementaritatea dintre ilicitul penal și ilicitul contravențional. Este oportună completarea dispoziției alin.(10) art.157 din Codul contravențional, în final, cu textul „ , dacă fapta nu constituie infracțiune,”. Aceasta va permite delimitarea mai precisă a faptei contravenționale prevăzute de această normă de unele infracțiuni. Se justifică completarea Codului contravențional cu art.1991-19912, 2201-2205. Aceste norme au completat lista de norme contravenționale care sunt complementare față de art.263 CP RM. Este oportună excluderea sintagmei „încalcă normele morale,” din dispoziția art.354 din Codul contravențional.THE AMENDMENTS MADE TO THE CONTRAVENTION CODE BY LAW NO.208/2016: JURIDICAL-PENAL CONSIDERATIONSThe purpose of the investigation is to analyze the juridical-penal considerations of the amendments made by Law No.208/2016. As a result of the analysis there was established that the modification made to par.(6) art.16 of the Contravention Code detached terminology-wise the Contravention Code from the Penal Code. For the same reasons, the modification to par.(4) art.17 of the Contravention Code is as inappropriate as in the first case. At the same time, there was established that the modification made to art.18 of the Contravention Code was an appropriate one. The modification explanatory-wise made to art.541 of the Contravention Code is an appropriate one as well. Similarly, the modifications made to par.(1) and par.(2) art.96, art.97, par.(1) and par.(2) art.971, art.972, art.99-103, art.149, par.(2) art.155 and art.243 of the Contravention Code are all justified and welcomed. However, these contravention norms are not the only ones that are in a complementary relationship with certain penal provisions. Therefore, the legislature should show more consistent and standardized approach towards all similar contravention and penal hypotheses connected complementarily. The completion of the provision of par.(10) art.157 of the Contravention Code with the phrase", if the act does not constitute an offence" is also an appropriate one. It will allow more precise delimitation between the contravention act provided by this provision and other certain offences. The completion of the Contravention Code with art.1991-19912, 2201-2205 is justified and welcomed. These norms expanded the list of contravention norms that are complementary to the provisions of art.263PCRM. The exclusion from the provision of art.354 of the Contravention Code of the phrase "violates the moral norms," is considered appropriate as well.
This paper demonstrates the self-taught formation of the authors of the Commentaries to the penal Code of Century XIX, and its little influence in works of its time and the following ones, which is ...is attributed to the intellectual (bad) habits of the national university formation than to an supposed lack of value of the information and argumentations contained in them. Este artículo demuestra la formación autodidacta de los autores de los Comentarios al Código penal del Siglo XIX, y su escasa influencia en las obras de su época y de las siguientes, lo que se atribuye a los (malos) hábitos intelectuales de la formación universitaria nacional más que a una supuesta falta de valor de la información y argumentaciones que ellos ofrecen.
I have made the presentation of the present legislative framework regarding the medical malpractice, starting from the first enactment of the Law regarding the reform within the healthcare in 2006 ...with further amendments and addenda (the latest amendment was adopted in 2010). It has herein appeared a continuous concern for the reconcilability of our legislation with the European legislation for the purpose of simplifying the working procedures. Although these laws have been in our country for almost 5 years, it can still be hold that there are some disparities between the law of malpractice and the stipulations of the Penal Code.
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