Showing posts with label Crime. Show all posts
Showing posts with label Crime. Show all posts

Saturday, December 20, 2014

Crime of Sexual Nature

The Plenum of the Supreme Court in cases of rape released unexpected decree that knowingly false promise of marriage is not a compulsion to sexual intercourse.
"They cannot be regarded as coercion to perform sexual acts ,or other crimes against sexual inviolability and sexual freedom of the individual actions of the person in bringing the consent of the victim to have sexual intercourse or acts of a sexual nature by fraud or breach of trust. For example, deliberately false promises of a woman to engage her in marriage, etc.- says the decision of the plenum.
The document also states that the compulsion to copulate are still blackmail, threat of destruction, damage or seizure of property or the use of material or other dependence.
In a conversation with well-known lawyer Leonid Olshansky expressed the opinion that such a decision is fair.

Thursday, September 25, 2014

Circumstances excluding criminal responsibility

Criminal laws entrenching a provision under which the presence of certain circumstances individual acts, although subject to the elements of a crime are not recognized as such, ie crimes. Such circumstances include the need to defend the law and the urgent need.
Self-defense - is the protection of all rights and legitimate interests, rights and lawful interests of other persons, society, the state of socially dangerous encroachment regardless of ability to avoid infringement or to seek assistance from other persons or authorities.

Thursday, June 26, 2014

Concept and characteristics of crime

Criminal law provides a definition of the crime. Thus, the offense under the criminal law recognizes socially dangerous act action or inaction that infringes on the social order, political and economic systems, identity, labor, property and other rights and freedoms.
Not a crime act or omission, although formally containing signs of an act under criminal law, but because of insignificance not danger to society.
Legislator, giving the definition of crimes committed in his concept of the main features - a public danger and illegality. Consider these signs.

Tuesday, May 13, 2014

Concept, types and purpose of criminal punishment

For the crime guilty person to criminal liability. Criminal liability - is one of the types of legal liability, where the guilty party to the court applies state coercion in the form of punishment. Penalty - a special measure of state coercion for the crime, ie, the punishment for the act committed.
Punishment - is not only a punishment for a crime (offense), but also aims to reform and re-convicted in the spirit of fair play to work, the exact execution of the laws, as well as prevention of new crimes as convicts and other persons. Punishment is not intended to cause physical suffering or humiliation of human dignity.

Saturday, March 17, 2012

What is crime?


In the worldly sense, everyone understands it in his own way, but in the legislative sense of the crime - this is a specific legal category. Let's first look at the history.  In the modern understanding of the concept of crime is not all that old.  It was fixed for the first time in the French criminal code in 1791 and 1810's, and from there in some form was taken over all the other European criminal codes.  Including Russia.  The main feature of the crime - the presence of non-alternative criminal-law prohibition.  What exactly why, what has caused - is the subject of a separate discussion, and to dwell on this in this article, we will not. Today in the legislation of the Russian Federation under the most dangerous offense meant to the public act, directly under the criminal law, that is guilty, a socially dangerous act (action or inaction) prohibited by criminal law under threat of punishment (Article 14 of the Criminal Code).  In other words, that are listed in the Criminal Code - is a crime, but that is not listed - it is NOT a crime.

Thursday, June 30, 2011

How to protect your copyrights?


Some write poems or music,CD take photos, others create research papers or writing articles in magazines.  In the modern world at the present level of development of information technology, more and more people create works in digital form.  Keeping the product in the form of a file by posting it on the Internet, many do not realize how urgent is the issue of copyright protection, given the accessibility and ease of copying, and then, possibly, illegal use of labor's other people.
In accordance with Russian law a formal procedure of registration of copyright exists.  The only exceptions are the computer programs and databases that are registered in Rospatent.  Paragraph 4 of Article 1259 of the Civil Code reads: "For the creation, implementation and protection of copyright works do not require registration or compliance with any other formalities."  However, in practice very often the authors are faced with the need to provide documentation proving their rights to the object of intellectual activities to insure against loss or non-human author.

Tuesday, June 21, 2011

Cadastral passport of the land. As his "decipher"?


Cadastral passport - it's such a thing to hear about which citizens quickly fall into a stupor.  Such a state, mostly provoked confusion in terms of "cadastral plan" and "cadastral passport.  Let's deal?
 Legislation introduced the concept of cadastral passport from 01.03.2008, the entry into force of 221-FZ.  The same law defines the cadastral plan.  But before the entry into force of the law the concept of "cadastre plan" was also used (then the main "cadastral law" was 28-FZ).  What do you mean?
 Actually have to spend the time line and immediately understand for yourself what a document issued after 01.03.2008, will be called cadastral passports, and prior to that date - the cadastral land (KPZU).  A cadastral plan , referred to in the 221-FZ - is part of cadastral passport and a document separate cadastral suitable for registration of property rights, he can not.
 Summing up: if we have inventory passport, dated after 01.03.2008 - a document the "right", if available cadastral plan, dated prior to that date - and this document is "correct."  The difference is that the registration rights shall now based on exactly the cadastral passports.

Wednesday, June 15, 2011

Whether the buyer is obliged to hand over the bag at the supermarket? How to protect your rights


Every day we crosses the threshold of supermarkets, but do not think about how every day and quietly here violated our rights.  And to avoid that today is quite simple - you just know their civil and consumer rights and to remember that the legislation is almost always on the side of the consumer.
Donate a bag in a locker?
The first thing we encounter, going to the supermarket - it is persistent, please pass the bag in a locker.  In this case, the most conspicuous place near the crates adorned sign that the administration is not responsible for the safety of surrendered items.  The main thing to remember in this situation - the buyers is not obliged to hand over their bags, regardless of their size and content, and the guard has no right to inspect any of their input or output or prohibit the visitor to enter the territory of the store.  Legislative basis for this is art.  421 Civil Code and the Guidelines for retailers operating in Moscow.  The only possible correct sentences administration in this case - free packing personal belongings of visitors in a vacuum package.

Monday, January 3, 2011

How to investigate the crime himself to the police?

The crime was committed against me personally. More precisely, against my car, Toyota Corolla, left at 12 o'clock in the residential area of the city near the grocery store. In a very crowded place, but this does not become safer.
Motive was the radio panel forgotten by me at her workplace. Here such I sloven, I confess. The panel has been kidnapped in the standard manner by breaking the right front window, a heavy, "unknown", as it was written later in the protocol, the subject.
Damage to his favorite car, I discovered immediately after the arrival of her half an hour after the incident. Yes, I do not have the signaling. Toyota old, for stealing is not pulling, and disturb the neighbors at night do not want to. So what about the damage caused by her silence, she said plaintively to me after viewing the first and grabbing his head and then a pack of cigarettes. 

Sunday, December 12, 2010

Who committed the robbery of the century?

It so happens that all TV channels broadcast about the "loudest" robbery of the century, and after a while you read already about another robbery, just as loud ...
Often we hear or read about the most high-profile robbery of the century. Moreover, many of them claiming it was the title of "most-himself." It so happens that all TV channels broadcast about the "loudest" robbery of the century, and after a while you read already about another robbery, just as loud. So, where's happened and who committed "the loudest" robbery of the century?
The first robbery of the century. Fair to mention about the biggest and the first bank robbery. Of course, such an event occurred in the United States. In New York, 19 March 1831 from the City Bank of New York was stolen 245,000 dollars. By that time, a truly astronomical sum. However, some time later, the robber was arrested and a large portion of the abducted were returned. History has preserved the name of that gentleman - Edvart Smith, an English immigrant.