Results 1 to 10 of about 70,925 (190)

Criminal Liability of Members of Trading Companies in the Context of the Application of the ultima ratio Principle [PDF]

Societas et Iurisprudentia, 2021
The paper deals with the application of the ultima ratio principle in cases of unlawful conduct of company executive managers that fulfil the elements of property crimes, in particular the crimes of fraud and embezzlement.
Eva Szabová
doaj   +3 more sources

Ultima ratio Principle in the Criminalization of Tax Evasion

Teisė, 2020
This article evaluates the significance of the principle of ultima ratio for the national process of criminalization. It also assesses the criminalization of tax evasion in the Criminal Code of the Republic of Lithuania using the criminalization criteria
Martynas Dobrovolskis
doaj   +5 more sources

Criminalization of the Promise and Offer to Give or Accept a Bribe as a Completed Criminal Offense: Compliance with the Ultima ratio Principle

Baltic Journal of Law & Politics, 2021
As the processes of globalization become more intense, the legislation adopted by international institutions occupies an increasingly important place in national criminal law, including crimes related to corruption.
Gruodytė Edita, Urbšytė Ugnė
doaj   +3 more sources

Criminalised Sex Work and the Violation of the Ultima Ratio Principle of Criminal Law

Tilburg Law Review
Most countries in the world impose some form of criminal sanctions on in-person sex work. Managers, clients, the sex workers themselves; the full or partial criminalisation of the in-person commercial sex market; the imposition of related sanctions such ...
Thomas Joyce
doaj   +4 more sources

Struggle in Favour of a Criminal Law as an ‘ultima ratio’. Critical Observations on the Criminalisation Obligations Arising from the Jurisprudence of the European Court of Human Rights in the Light of the Principle of Subsidiarity

European Criminal Law Review, 2023
If the use of criminal law requires that legislators carry out empirical tests to establish the inadequacy of other available enforcement systems and the necessity of resorting to the weapon of punishment, how can the Court impose direct criminalisation obligations without resorting to similar tests? The contribution seeks to ascertain whether the case
Marco Edgardo Florio
openaire   +3 more sources

Criminal Justice and the Ultima Ratio Principle. Need for limitation, exploration and consideration [PDF]

Overuse in the Criminal Justice System, 2019
Contains fulltext : 202890.pdf (Publisher’s version ) (Open Access)
P. V. Kempen
semanticscholar   +3 more sources

New types of usury off enses (Article 304 § 2 and 3 CC) and the ultima ratio principle of criminal law

Nowa Kodyfikacja Prawa Karnego, 2021
The authors analyze new types of offenses of Art. 304 § 2 and 3 CC, focusing on the issue of normative structures derived from criminal law (and other branches of law) and their mutual relations. Assuming that due to the principle of subsidiarity (ultima ratio) of criminal law, it is not possible to prohibit conduct previously not deemed unlawful by ...
Jacek Giezek, Konrad Lipiński
openaire   +3 more sources

Ultima Ratio as Caveat Dominus: Legal Principles, Police Maxims, and the Critical Analysis of Law [PDF]

SSRN Electronic Journal, 2013
A comparative and historical analysis of the so-called ultima ratio principle reveals that, despite its Latinate veneer, it is neither ancient nor universal, but a recent addition to the German criminal law canon. Upon further inquiry, ultima ratio also turns out to be ill-defined, undermotivated, and toothless, a fundamental legal principle and ...
M. Dubber
openaire   +3 more sources

Ultima Ratio as a Constitutional Principle [PDF]

Oñati Socio-Legal Series, 2013
The paper argues the criminal law notion of ultima ratio is an instance of a broader constitutional law principle of proportionality. However, ultima ratio is not the only principle relevant in a constitutional assessment of criminalization.
Kaarlo Tuori
doaj   +4 more sources

The Principle of “Ultima Ratio” in Termination of Employment Contract in Turkish Labour Law

Annales de la Faculté de Droit d’Istanbul, 2019
Modern is hukuku sistemlerinde, isverenlerin fesih hakki karsisinda iscinin isini kaybetmesi tehlikesi dikkate alinmis ve fesih hakki sinirlandirilmistir. Bu sinirlandirmanin bir boyutu da is guvencesidir. Is guvencesi sisteminde, yapilan feshin yargi denetimine tabi tutulmasi sirasinda gecerli bir nedenin var olup olmadigi incelenir.
Ayşe Köme Akpulat
openaire   +4 more sources