The Experts below are selected from a list of 13491 Experts worldwide ranked by ideXlab platform
Constantin Duvac - One of the best experts on this subject based on the ideXlab platform.
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Observations Regarding The Offences Against Propertyset Out In The New Criminal Code
2020Co-Authors: Constantin DuvacAbstract:The author presents at the outset certain general considerations regarding the special part of the new Criminal Code, subsequently focusing on the offences against property, set out under Title II of the special part of the new Criminal Code of 2009. He underlines the amendments brought to the matters under review in terms of systematisation and of the egal content of various Criminalization norms, highlighting both positive aspects and the arguable ones, in relation to which he puts forward several de lege ferenda proposals. Furthermore, the author achieves a comparative research of the Criminalization norms that have a correspondent in the Criminal law currently in force, a quick review of the ex novo Criminalization norms; this analysis is accompanied by several observations and recommendations (de lege ferenda proposals) for improving the texts under review.
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The Offenses of Forgery from the Perspective of the New Criminal Code and of the Previous Criminal Code
2015Co-Authors: Constantin DuvacAbstract:The author presents and examines the novelty elements introduced by the Criminal Code, which entered into force on the 1st February 2014 in relation to Criminal offences of forgery, as well as the implications of a correct and uniform application of the Criminal law.To this end, several own ideas and some proposals for improving the legislation are formulated.
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Crimes Against Heritage from the Perspective of the New Criminal Code and the Active Criminal Code
2013Co-Authors: Constantin DuvacAbstract:The author underlines the amendments brought to the offenses against property, set out under Title II of the special part of the new Criminal Code of 2009, under review in terms of systematization and of the legal content of various Criminalization norms, highlighting both positive aspects and the arguable ones, in relation to which he puts forward several de lege ferenda proposals.Furthermore, the author achieves a comparative research of the Criminalization norms that have a correspondent in the Criminal law currently in force, a quick review of the ex novo Criminalization norms; this analysis is accompanied by several observations and recommendations (de lege ferenda proposals) for improving the texts under review.
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Crimes Against the Person in Terms of the New Criminal Code and the Criminal Code in Force
2013Co-Authors: Constantin DuvacAbstract:The author presents the changes introduced by the new Criminal Code on the matter under consideration in terms of systematic and legal content of various incrimination legal norms, highlighting the positive aspects as well as the debatable ones with regard to formulating de lege ferenda proposals.Further on, the author makes a comparative study of the incrimination legal norms that have corresponding rules in the Criminal law, now in force, a brief examination of the ex novo incriminations, analysis accompanied by several observations and some suggestions (de lege ferenda proposals) to improve the examined texts.
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fraudulent bankruptcy in the new Criminal Code
2012Co-Authors: Constantin DuvacAbstract:The author makes an in-depth analysis as to the legal content of the offence of fraudulent insolvency, set out under Article 241 of the new Criminal Code, adopted by Law no. 286/2009, making frequent references to the special legislation in the field of trade law. Furthermore, the author examines the object of the Criminal safeguards, the subjects of the offence, actus reus and mens rea, the forms, modalities, penalties and certain aspects related to proceedings, in connection with the offence laid down under Article 241 of the new Criminal Code. The author has no reluctance in expressing his stance as to the constitutive content of this Criminal offence and in putting forward certain solutions and own ideas.
Elena Shchelkonogova - One of the best experts on this subject based on the ideXlab platform.
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On the System of the Special Part of the Criminal Code of the Russian Federation
Rossijskoe Pravo. Obrazovanie Praktika Nauka, 2020Co-Authors: Elena ShchelkonogovaAbstract:The article raises the problem of systematic interpretation of the Special Part of the Criminal Code of the Russian Federation, since fair enforcement of Criminal law articles is impossible without understanding their sense intended by the legislator. One of the effective methods for identifying it is systematic interpretation of the articles of the Special Part of the Criminal Code. They are considered as elements of the system, their logical relations with each other and with the articles of the General Part of the Criminal Code are identified. Systematic consideration of the Special Part of the Criminal Code induction and deduction allowed formulating its current definition based on the fundamental difference between the rule of law and the article of the law. Identification of the systemic features of the Special Part helps distinguishing it from structure and classification. The article also pays attention to the problem of determining the various grounds for division of legislative material of the Special Part; the meaning of such concepts as «Criminal legislation system» and «Criminal law system» is delimited. The question is raised whether it is correct to speak about the system of crimes enshrined in the Special Part of the Criminal Code.
N. N. Korotkikh - One of the best experts on this subject based on the ideXlab platform.
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On the Issues of the Application of Part 6 of Article 15 of the Criminal Code of the Russian Federation
Juridical Science and Practice, 2020Co-Authors: N. N. KorotkikhAbstract:The article analyzes some of the controversial, in the opinion of the author, recommendations of the Decree of the Plenum of the Supreme Court of the Russian Federation No. 10 of 15.05.2018 «On the practice of the courts applying the provisions of paragraph 6 Article 15 of the Criminal Code of the Russian Federation». Lowering the category of crime always requires clear criteria by which the actions of the defendant could be qualified with a change in the gravity of the crime. Based on examples from judicial practice, the thesis is substantiated that “taking into account the factual circumstances of the case” and “the degree of its public danger” are evaluative e criteria and do not always allow to decide the validity of the application of part 6 article 15 of the Criminal Code of the Russian Federation. The discrepancy between some of the recommendations contained in the Resolution of the Plenum of the Supreme Court of the Russian Federation and the provisions of the Criminal Code of the Russian Federation is shown. It is concluded that it is impossible to exempt a person from Criminal liability on the grounds specified in the Resolution of the Plenum of the Supreme Court of the Russian Federation.
Anastasiya Kravtsova - One of the best experts on this subject based on the ideXlab platform.
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Limitations of Powers of Court of Cassation for Application of Part 6 Article 15 of the Criminal Code of the Russian Federation
Journal of Russian Law, 2014Co-Authors: Анастасия Кравцова, Anastasiya KravtsovaAbstract:The article investigates the limits of power of the court of cassation instance on the application of Part 6 of Article 15 of the Criminal Code of the Russian Federation in the revision become enforceable judgments. Based on the analysis of Criminal and Criminal procedure norms the author comes to the following conclusions: Part 6 of Article 15 of the Criminal Code of the Russian Federation should be brought into conformity with paragraph 1 of Article 299 of Code of Criminal Procedure of the Russian Federation by a more precise definition of of procedural position of the person to may be applied this rule and streamlining sequence of actions court, in certain cases, the court of cassation may modify the judgment and apply the provisions of Part 6 of Article 15 of the Criminal Code of the Russian Federation.
Paul H Robinson - One of the best experts on this subject based on the ideXlab platform.
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the american Criminal Code general defenses
Journal of Legal Analysis, 2015Co-Authors: Paul H Robinson, Matthew Kussmaul, Camber M Stoddard, Ilya Rudyak, Andreas KuerstenAbstract:There are fifty-two different bodies of Criminal law at work in the United States, as diverse as they are many. Each one stakes out seemingly innumerable positions on a range of highly contested issues. So, how is one to know what the “American rule” is on any given matter of Criminal law? This article takes the first step towards answering this question by presenting the first installment of the “American Criminal Code.”This article is the result of an exhaustive research project that examined every contested issue relating to the general defenses to Criminal liability, including all justification, excuse, and non-exculpatory defenses. With this foundation, the article determines the majority American position among the fifty-two jurisdictions, and formulates statutory language for each defense that reflects the majority American rule in all respects. The article also compares and contrasts the majority position on each issue to all significant minority positions, the Model Penal Code, and the National Commission’s proposed Code.Finally, using the results of these analyses, the article compares patterns among the states for issues within the most controversial justification defense, the Defense of Persons, to a wide range of other variables — such as state population, racial characteristics, violent crime rates, and gun ownership — and highlights many interesting correlations. While applying this kind of doctrinal correlation analysis to all of the project’s existing data would be a major undertaking many times larger than the present project, the article illustrates how such analysis can be done, and how interesting the revealed patterns can be.
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reforming the federal Criminal Code and the model penal Code a top ten list
2003Co-Authors: Paul H RobinsonAbstract:This article suggests ten changes that ought to be included in a reform of federal Criminal law. Five of those are what would be considered basic characteristics of any modern Criminal Code, and are in large part the earmarks of the Model Penal Code and its progeny: a comprehensive general part, an analytic structure, fully defined offenses using defined terms, a system for the interpretation of Code provisions, and a system of offenses that avoids overlaps and gaps. While the Model Penal Code made many advances, the 35 years since its promulgation have revealed shortcomings, and suggest a number of other reforms that a new federal Criminal Code might profitably adopt. Least controversial is fixing the revealed drafting errors of the Model Penal Code. The article gives two examples of such errors, one technical, one conceptual: failure to define the distinction among conduct, circumstance, and result elements, and confusion in the definition of causation requirements. Other proposed reforms move beyond the perspective of the Model Penal Code drafters, and take account of the last decade's movement toward greater guidance of judges' sentencing discretion. Consistent with that trend, a new Code should use more grading categories, in order to have the liability determination under the Criminal Code more narrowly constraint the range of possible sentences at the sentencing stage. Also consistent with the recent trend, in its ideal if not its practice, is the proposal that Code drafters follow an articulated distributive principle to develop statutory formulations and to define the rules by which the Code provisions are to be interpreted. Still more distant from the approach of the Model Penal Code are the final two proposals. First, it is suggested that a new Code be drafted in a way that avoids conflicts with the community's perceptions of desert, for this is necessary to enhance the Code's moral credibility with the community it governs, which in turn is necessary to increase the Code's power to gain compliance by that community. Finally, in a proposal that would make Criminal Codes look very different than they currently do, the article suggests that a new Criminal Code be drafted as two Codes: one addressed to the general public defining for them ex ante the rules of lawful conduct, the other written for Criminal justice adjudicators -- judges, lawyers, police officials, and juries -- that sets principles for ex post adjudication of a violation of the rules of conduct. It is only through this separation, it is argued, that Codes can effectively perform both of the two central functions of a Criminal Code: communicating to the public ex ante the rules of lawful conduct, and defining for adjudicators the principles governing ex post adjudication of a violation.
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final report of the illinois Criminal Code rewrite and reform commission
2003Co-Authors: Paul H Robinson, Michael T CahillAbstract:The Governor of Illinois created a commission to examine the problems with Illinois Criminal law and to rewrite the Illinois Criminal Code. This two-volume Final Report of the Illinois Criminal Code Rewrite and Reform Commission proposes a new Criminal Code, in volume 1, together with an official commentary, in volume 2, that explains each provision and how and why it differs from existing law. The introduction to the Report summarizes the reasons for and the importance of Criminal Code reform, and describes the techniques used in this rewrite project, including both the project’s drafting principles and the methods by which the Commission organized its work.