Results 11 to 20 of about 19,903 (176)

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

open access: yesNowa 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   +2 more sources

THE AGE OF A JUVENILE OFFENDER AS A BASIS FOR A PRESUMPTION OF LEGAL POSSIBILITY OF CRIMINAL RESPONSIBILITY IN THE LIGHT OF THE DRAFT AMENDMENT TO THE PENAL CODE OF 2019 [PDF]

open access: yesProbacja, 2020
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.
Krzysztof Fila
doaj   +1 more source

Changing challenges and crisis management methods within a stable rule of Law: Hungary's constitutional response to the challenges of the 21st century [PDF]

open access: yesZbornik Radova: Pravni Fakultet u Novom Sadu, 2021
The defence and security of Hungary is a national matter, on which the survival and development of the nation, the community and individual rights are based.
Šimičko Ištvano I.
doaj   +1 more source

Religious Diversity: A Philosophical Defense of Religious Inclusivism [PDF]

open access: yes, 2010
Faced by the challenge of religious plurality, most philosophers of religion view pluralism and exclusivism as the most accepted and fully developed positions. The third alternative, the model of inclusivism, held especially within the Catholic tradition,
Irlenborn, Bernd
core   +1 more source

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

open access: yesSSRN 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 ...
openaire   +2 more sources

The Price of Medical Negligence – Should it Be Judged by the Criminal Court in the Context of the Jurisprudence of the European Court of Human Rights?

open access: yesBaltic Journal of Law & Politics, 2021
The article deals with a recently relevant issue – whether a doctor who has made an error or was negligent during his or her professional activity that has resulted in injury or death should be prosecuted, whether this type of liability is not too strict,
Pranka Darius
doaj   +1 more source

The invention of facts: Bentham’s ethics and the education of public taste [PDF]

open access: yes, 2011
This article uses Jeremy Bentham’s comments on taste and ethics to analyse the efforts of ‘Philosophical Radical’ members of the Select Committee on Arts and Manufactures of 1835/6, including Bentham’s executor and editor John Bowring, to apply ...
Quinn, Malcolm
core   +2 more sources

Characterization of SiGe thin films using a laboratory X-ray instrument [PDF]

open access: yes, 2013
The technique of reciprocal space mapping using X-rays is a recognized tool for the nondestructive characterization of epitaxial films. X-ray scattering from epitaxial Si0.4Ge0.6 films on Si(100) substrates using a laboratory X-ray source was ...
Alex Ulyanenkov   +16 more
core   +2 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

open access: yesEuropean 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
openaire   +2 more sources

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