Results 1 to 10 of about 1,618 (116)

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   +4 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   +5 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   +4 more sources

Importance of Ultima Ratio Principle in Criminal Law

Law: Journal of the University of Latvia
Before making a decision on criminalizing a deed, which entails more serious negative consequences for a person than other violations, the increased harmfulness of the deed in question must be considered.
Toms Čevers
doaj   +2 more sources

Ultima Ratio, Is the Principle at Risk?: Editors’ Introduction

Oñati Socio-Legal Series, 2013
Ultima ratio as a normative principle, or a constellation of principles, would be a hermeneutic pre-understanding or pre-interpretative concept to the effect that the definition of a certain socially relevant conduct as a crime and the consequent ...
Heike Jung, Kimmo Nuotio, Joxerramon Bengoetxea   +2 more
doaj   +3 more sources

Ultima Ratio as a Constitutional Principle

Oñati Socio-Legal Series, 2012
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. The role of
Kaarlo Tuori
doaj   +2 more sources

The Principle of “Ultima Ratio” And/Or the Principle of Proportionality

Oñati Socio-Legal Series, 2012
The ultima ratio principle is a highly topical subject. The author describes the common grounds and different perspectives of “ultima ratio” on the one hand and/or the principle of proportionality in German criminal and public law on the other hand.
Rudolf Wendt
doaj   +2 more sources

The Role of the Ultima Ratio Principle in the Jurisprudence of the Norwegian Supreme Court

Oñati Socio-Legal Series, 2012
The article examines how the ultima ratio principle can be used to analyze and criticize the argumentation of the courts in cases concerning the interpretation of criminal statutes. Este artículo analiza la forma en la que el principio de ultima ratio
Thomas Frøberg
doaj   +2 more sources

The principle of treating expropriation as an ultima ratio measure in light of the amendment to the real property administration act of 4 April 2019, imposing a time limitation on restitution rights

Nieruchomości Kwartalnik Ministerstwa Sprawiedliwości, 2019
The act of 4 April 2019 on the amendment of the real property administration act, which amends the r.p.a.a. in the field of restitution of expropriated property, among others, was essentially adopted to perform two decisions of the Constitution Tribunal (SK 39/15 and SK 26/14), which viewed certain heretofore solutions with criticism. The amendment act,
Sławomir Pawłowski
exaly   +2 more sources