Results 21 to 30 of about 3,788,966 (162)

Law, Community and Ultima Ratio in Transnational Law [PDF]

open access: yesOñati Socio-Legal Series, 2012
The paper aims to examine the concept of transnational law and the way market forces affect the notion of community at the transnational level. Can the principle of ultima ratio operate in this context and how should this occur? Recent events, including
Massimo Fichera
doaj   +1 more source

Implementation of the ultima ratio principle in criminalising acts in the criminal code of the Republic of Lithuania [PDF]

open access: yes, 2017
The issue of validity and expediency of criminalising particular crimes in the Special Part of the Criminal Code of the Republic of Lithuania (defamation (Art. 154 of the CC), misappropriation of a found item (Art. 185 of the CC), unauthorised engagement in economic, commercial, financial or professional activities (Art. 202 of the CC), use of a credit,
Dambrauskienė, Aušra,
openaire   +2 more sources

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

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

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

Veikos kriminalizavimo kriterijai: teorija ir praktika

open access: yesTeisė, 2012
Straipsnyje analizuojama veikos kriminalizavimo samprata ir rūšys, moksliniai kriminalizavimo kriterijai (veikos pavojingumas, jos paplitimas, ultima ratio principas ir pan.), taip pat reikalavimai baudžiamajam įstatymui, kuriuo kriminalizuojama veika ...
Gintaras Švedas
doaj   +1 more source

Allvarligt psykiskt störda utan domskäl vid en fällande dom?

open access: yesNordisk Tidsskrift for Kriminalvidenskab, 2023
In a democratic society, it is assumed that the criminal law is applied ultima ratio and that certain requirements regarding legal certainty are met. These include the principle of conformity.
Kerstin Nordlöf
doaj   +1 more source

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