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4,744 result(s) for "CRIMINAL CODES"
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A critical analysis of the human trafficking legal framework in Hong Kong: efficacy and recommendations
This study critically examines the framework governing human trafficking within the Hong Kong Special Administrative Region (HKSAR), emphasizing its effectiveness in deterring and addressing this serious issue. Despite a growing number of trafficking incidents highlighted by the local press, this analysis contends that the HKSAR's legal provisions are not entirely consistent with global norms, particularly the Palermo Protocol and the UN Convention against Transnational Organized Crime. By juxtaposing the HKSAR's legal strategies with the United Kingdom's Modern Slavery Act, 2015 and Australia's laws criminalizing human trafficking and slavery, which are contained within Divisions 270 and 271 of the Commonwealth Criminal Code Act 1995 (Criminal Code), notable legal shortcomings are identified, especially the inadequate coverage of non-sexual exploitation and the lack of corporate accountability in supply chains. The paper posits that while the existing legal structures in Hong Kong have certain strengths, their deficiencies, coupled with societal and criminal challenges such as organized crime and corruption, exacerbate the region's trafficking problems. The analysis suggests that adopting reforms similar to those in the UK, including the potential introduction of a 'failure to prevent' trafficking offense for corporations, could significantly enhance the HKSAR's efforts against human trafficking.
THE 1969 CRIMINAL AMENDMENTS
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.
An Exceptional Law
During periods of intense conflict, either at home or abroad, governments enact emergency powers in order to exercise greater control over the society that they govern. The expectation though is that once the conflict is over, these emergency powers will be lifted. An Exceptional Law showcases how the emergency law used to repress labour activism during the First World War became normalized with the creation of Section 98 of the Criminal Code, following the Winnipeg General Strike. Dennis G. Molinaro argues that the institutionalization of emergency law became intricately tied to constructing a national identity. Following a mass deportation campaign in the 1930s, Section 98 was repealed in 1936 and contributed to the formation of Canada’s first civil rights movement. Portions of it were used during the October Crisis and recently in the Anti-Terrorism Act of 2015. Building on the theoretical framework of Agamben, Molinaro advances our understanding of security as ideology and reveals the intricate and codependent relationship between state-formation, the construction of liberal society, and exclusionary practices.
Still Dying for a Living
Still Dying for a Living investigates the state's (in)ability to develop effective legal strategies for holding corporations accountable for serious injury and death in the workplace.
Continuity and Discontinuity of Czechoslovak Interwar Law. Basic Introduction of the Topic with an Example of Criminal Law
The paper deals with the development of law in Czechoslovakia from its inception to the existence of the so-called First Republic, focusing in particular on the development of criminal law. The primary question addressed in the paper is whether there is legal continuity with the previous Austro-Hungarian legal system. Given that there were several legal orders in force in the aftermath of the establishment of Czechoslovakia, the next necessary question is how this situation was addressed. The paper presents examples from selected areas of criminal law, such as juvenile justice, national security laws, or military criminal norms, and intends to document the main legislative trends, namely the introduction of completely new legal regulations, the adoption of the original Austrian regulation and its nationwide application, or, last but not least, the adoption of both Austrian and Hungarian regulations with their simultaneous application. The codification attempts in the Criminal Code, which were not completed in the relevant period, have not been overlooked.
Accountability of public officials for committing criminal offenses against justice
The relevance of the topic lies in the fact that, despite the high standards established by Ukraine's criminal justice policy for the activities of law enforcement agencies, the situation in the field of criminal proceedings has several negative phenomena. Comparative legal analysis allows for the assessment of national criminal legislation development by comparing the norms of the 'Criminal Code of Ukraine' and the criminal codes of other countries. Particularly, an examination of current legislation in post-Soviet and foreign countries leads to the conclusion that the institution of criminal responsibility is regulated differently in different countries and in different legal systems. The findings of this study could aid in the development of appropriate models for improving the national legal system and developing a systematic approach to the theory and practice of applying these norms.
Environment protection in the legal system of Albania
The scope of this article is twofold, on one hand; it makes an analysis of the current situation of the environment protection through the criminal law in the Albania, by proving a legal landscape on the current criminal conducts as are foreseen by the Criminal Code of Albania. It starts with an introduction which aims to highlight the status play of the increased attention that is being shown for the environmental protection in the global arena. Then it makes an assessment on the definition of the environmental harm, and the technical-legal approaches utilised for the protection of the environment. After that, this article makes a description of the legal concept of environment in Albania and analyses the existing criminal offences as they are foreseen by the Criminal Code. On the other hand, the article makes a preliminary assessment of the new coming reform on the environmental crime in Albania, by trying to identify the problematic issues and their address by the draft-law. The conclusions reached at the end shows the evolution of the concept of environment and its protection, welcomes the new reform by noting the need of the judicial authorities to be trained in order to be fully implemented.
GENEZA NORMATIVNIH ODGOVORA NA OBITELJSKO NASILJE S POSEBNIM OSVRTOM NA PRAKSU KRALJEVSKOG SUDA U RIJECI – ŠTO SE PROMIJENILO?
Recently, a significant number of scientific papers have been written on measures to prevent and suppress family violence. Despite the interest of scholars, it should be noted that exceptionally few studies have been published on the early normative development of criminal law provisions prohibiting such behaviour, particularly those examining historical judicial practice. To fill this gap and encourage discussion, this paper analyses the emergence of normative solutions recorded in the earliest written legal sources up to the beginning of the 20th century, showing the development of societal responses – from the acceptance of violence as a means of disciplining family members to the introduction of separate criminal offences carrying severe penalties. In a separate section, the results of an analysis of the court records of the Royal Court in Rijeka, which were created between 1871 and 1914 due to murders of family members in the city of Rijeka, are presented. Since ultimately only three files were relevant to the research topic, a case study was conducted, and these files were analysed in depth. The analysis results show that the dynamics of the most severe forms of family violence, more than a century ago, as well as today, were characterised by jealousy and the culmination of violence when the victim decided to leave the perpetrator. These observations highlight the importance of developing prevention mechanisms that can change the long-established cultural patterns of behaviour that underlie violent offences within the family.
The Roman Roots of the Crimes of Deprivation of Liberty and Human Trafficking as Classified in the Polish 1997 Criminal Code
Freedom is one of the fundamental rights of the individual, protected by law in democratic countries. This lasting achievement has been marked by various fluctuations over the centuries. The ancient Romans had a completely different view of freedom, which resulted from the polarisation of the inhabitants of the Roman Empire into free people ( ) and slaves ( ). This dichotomy influenced a number of private and public law institutions, determining the status of individuals in the ancient social structure. Like any community, the Romans were not immune to the temptations of pushing the boundaries of the law. Crime was a daily occurrence, so it was not much different from the current situation in democratic states governed by the rule of law. In this context, it is also worth looking at the , which was a response to the probably increasing phenomenon of kidnappings of both free people and slaves. The purpose of this article is to show that the crimes of deprivation of liberty and human trafficking, as defined by the 1997 Polish Criminal Code, have deep roots in enacted in the last century of the Roman Republic.
Transforming Criminal Justice System through Restorative Justice Approach in the New National Criminal Code
The reform of national criminal law, marked by the enactment of the new Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana or KUHP), represents a fundamental transformation of Indonesia's criminal justice system. One of the key aspects of the new Criminal Code is the formal recognition of restorative justice as an alternative mechanism for resolving criminal cases. This shift reflects a broader transition from a retributive model of punishment to a more humane, inclusive, and recovery-oriented approach. This study employs a non-doctrinal legal research method. The findings indicate that the new KUHP accommodates restorative justice principles through the formulation of penal objectives, judicial considerations in sentencing, and the possibility of terminating prosecution in the interest of justice. The implementation of restorative justice still faces structural and cultural challenges, therefore regulatory support through implementing provisions and capacity-building for legal actors is essential to realize a more inclusive and justice-based criminal justice transformation.