Administrative and Criminal Justice最新文献_第6页

AUTHORIZATION IN THE POLISH PRESS LAW 波兰出版法中的授权

Administrative and Criminal Justice Pub Date : 2019-02-06 DOI: 10.17770/acj.v3i84.3463

Aleksandra Bagieńska-Masiota

{"title":"AUTHORIZATION IN THE POLISH PRESS LAW","authors":"Aleksandra Bagieńska-Masiota","doi":"10.17770/acj.v3i84.3463","DOIUrl":"https://doi.org/10.17770/acj.v3i84.3463","url":null,"abstract":"Since 1984, there have been regulations in the Polish press law under which the publication of verbatim statements of a person provided to the press depends on the consent of the person who made such a statement (authorization). These statements may have a creative nature on many occasions which is subject to the regimen of copyright.The scientific purpose of the article focuses on the problem of the influence of regulations on authorization adopted in 2007 on the right to the paternity of a work. The author regards as creativity, under certain conditions, not only a press article but also original statements made to the press. Thus, the specified problem concerns the borderline area between the press law and the copyright.An analysis of regulations which were in force until 2007, including an analysis of the legal status of statements that are subject to authorization and analysis of changes introduced to the authorization law in 2007 together with analysis of the legal status of statements subject to authorization will be used to solve the problem. The author indicates, moreover, circumstances which must be present for a statement made to the press to be regarded as a work protected by copyright and discusses the right to the paternity of the work in the context of statements made to the press. The author uses the dogmatic and legal historical method and the method of case law analysis.In the author’s opinion, the introduced changes consolidate the copyright of the person making a statement to the press and if they use the rights to authorization they are entitled to.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134164904","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

NON-STATE SUBJECTS IN POLICE ACTIVITIES 警察活动中的非国家主体

Administrative and Criminal Justice Pub Date : 2018-09-20 DOI: 10.17770/acj.v2i83.3452

Aleksandrs Matvejevs

引用次数: 9

COMPENSATION OF NON-PECUNIARY DAMAGE CAUSED BY UNLAWFUL OR UNJUSTIFIED RESTRICTION OF LIBERTY 因非法或不正当限制自由而造成的非金钱损害赔偿

Administrative and Criminal Justice Pub Date : 2018-09-20 DOI: 10.17770/acj.v2i83.3459

Aldis Kaļva

引用次数: 0

CRIMINAL DELINQUENCY – CYBERSTALKING: CHARACTERISTICS OF OBJECT AND OBJECTIVE SIDE 犯罪-网络跟踪:客体与客观方面的特征

Administrative and Criminal Justice Pub Date : 2018-09-20 DOI: 10.17770/acj.v2i83.3469

Uldis Ķinis

{"title":"CRIMINAL DELINQUENCY – CYBERSTALKING: CHARACTERISTICS OF OBJECT AND OBJECTIVE SIDE","authors":"Uldis Ķinis","doi":"10.17770/acj.v2i83.3469","DOIUrl":"https://doi.org/10.17770/acj.v2i83.3469","url":null,"abstract":"On January 2018 significant amendments to the Criminal Law and the Law On the Procedure for Application of the Criminal Law came into force in Latvia. These changes not only in the first time introduce the criminal responsibility for the emotional violence, but also determine the procedure for assessing emotional disparity, equating the effects to telepathic injuries.In the article, the author reviews a modality of crime “persecution” - cyber-persecution. Although the legislator in the annotation of the law provides that the article also shall be applicable to acts committed in cyberspace, at the same time, the author indicates some problems that may arise due to the narrow interpretation of the law by the law enforcement. The purpose of the article is to study the object (protected legitimate interest) and the objective side (actus reus) of the offense - cyber-stalking. For purposes of research, several methods have been used. The method of comparative analysis, for examination and comparison of external and international regulations. Methods of legal interpretation used to disclose the differences between the understanding of the written text of the definition of the crime and what ought to be understood in the meaning of the norm. Finally, the author presents the conclusions and proposals on the application of the norm.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114838431","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

USE OF JUDICIARY SYSTEM IN THE RIGHT OF THE PROTECTION OF PERSONAL DATA 司法制度在保护个人资料权利方面的运用

Administrative and Criminal Justice Pub Date : 2018-09-20 DOI: 10.17770/acj.v2i83.3460

Jānis Kāršenieks

引用次数: 0

GUARANTEE OF THE RIGHT TO SILENCE AND OF THE RIGHT NOT TO CONTRIBUTE TO ONE’S OWN INCRIMINATION IN ROMANIAN CRIMINAL PROCEDURE LAW 罗马尼亚刑事诉讼法保障沉默权和不促成自己被定罪的权利

Administrative and Criminal Justice Pub Date : 2018-09-20 DOI: 10.17770/acj.v2i83.3453

Carmen Adriana Domocos

{"title":"GUARANTEE OF THE RIGHT TO SILENCE AND OF THE RIGHT NOT TO CONTRIBUTE TO ONE’S OWN INCRIMINATION IN ROMANIAN CRIMINAL PROCEDURE LAW","authors":"Carmen Adriana Domocos","doi":"10.17770/acj.v2i83.3453","DOIUrl":"https://doi.org/10.17770/acj.v2i83.3453","url":null,"abstract":"The Romanian legislation establishes in the new penal procedure law the right to silence and the right of non-incrimination of the defendant in the criminal trial.The right to silence (to remain silent) is the implicit procedural guarantee of the right to a fair trial, which results from the case law of the European Court of Justice within the meaning of Article 6 paragraph 1 of the European Convention on Human Rights, according to which judicial authorities cannot oblige a perpetrator (suspected of having committed a criminal offence), a suspect or a defendant to make statements, while having, however, a limited power to draw conclusions against them, from their refusal to make statements.Therefore, the right to silence involves not only the right not to testify against oneself, but also the right of the suspect or defendant not to incriminate oneself. The suspect or defendant cannot be compelled to assist in the production of evidence and cannot be sanctioned for failing to provide certain documents or other evidence. Obligation to testify against personal will, under the constraint of a fine or any other form of coercion constitutes an interference with the negative aspect of the right to freedom of expression which must be necessary in a democratic Romanian society.The right not to contribute to one’s own incrimination (the privilege against self-incrimination) is the implicit procedural guarantee of the right to a fair trial, which results from the case law of the European Court of Justice within the meaning of Article 6 paragraph 1 of the European Convention, according to which judicial bodies or any other state authority cannot oblige a perpetrator (suspected of having committed a criminal offence), a suspect, a defendant or a witness to cooperate by providing evidence which might incriminate him or which could constitute the basis for a new criminal charge. It is essential to clarify certain issues as far as this right is concerned.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115485463","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

THE DATA SUBJECT’S RIGHTS AND LIABILITY FOR VIOLATIONS 数据主体对违规行为的权利和责任

Administrative and Criminal Justice Pub Date : 2018-09-20 DOI: 10.17770/acj.v2i83.3462

S. Svetlov

引用次数: 1

SEVERAL TACTICAL AND LEGAL ASPECTS OF PRELIMINARY MEASURES OF SEARCHING MISSING PERSONS 搜寻失踪人员初步措施的几个战术和法律方面

Administrative and Criminal Justice Pub Date : 2018-09-20 DOI: 10.17770/ACJ.V2I83.3455

Leonīds Makans

{"title":"SEVERAL TACTICAL AND LEGAL ASPECTS OF PRELIMINARY MEASURES OF SEARCHING MISSING PERSONS","authors":"Leonīds Makans","doi":"10.17770/ACJ.V2I83.3455","DOIUrl":"https://doi.org/10.17770/ACJ.V2I83.3455","url":null,"abstract":"The article deals with the problems of searching missing persons and inviolability of private life of a person, namely, how proportionate, and reasonable is the publication of sensitive data of a person in the mass media when disappearance of a person reported. Analysis of the statistical indicators of the searching of missing persons gives basis for the conclusion that a significant number (80%) of persons reported as missed, in fact they are not such, but without warning their relatives were absent for various reasons – somewhere stayed late, left their place of residence for other reasons, went abroad. Nevertheless, photographs and other sensitive data of such persons are published in the mass media. Moreover, there was an opinion on the need to bring to administrative responsibility those who left the place of residence without warning their relatives. On the author’s opinion, one of the reasons for the unjustified use of the media for searching for persons and violating the privacy of a person is the poor performance of the preliminary searching measures for clarify the circumstances and causes of disappearance. The article also proposes to amend the definition of the missing person, clarify the essence of the notion of “to declare a search”, the procedure and officials authorized to declare such a search, and also introduce the category “Persons who have lost contact with relatives”.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"138 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124340470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

VIOLENCE IN SPORT AS RESEARCH DIRECTION OF SPORTS CRIMINOLOGY 体育暴力作为体育犯罪学的研究方向

Administrative and Criminal Justice Pub Date : 2018-09-20 DOI: 10.17770/ACJ.V2I83.3600

A. Kipāne

{"title":"VIOLENCE IN SPORT AS RESEARCH DIRECTION OF SPORTS CRIMINOLOGY","authors":"A. Kipāne","doi":"10.17770/ACJ.V2I83.3600","DOIUrl":"https://doi.org/10.17770/ACJ.V2I83.3600","url":null,"abstract":"In today’s world the nature of violence and prevalence of it are with a high-risk profile and the nature of public safety hazard. According to its structure, violence is not uniform. It has different forms. Violent behaviour often occurs in all areas of human activity. One of such areas is sport. Violence in sport is existing criminological phenomenon, which is determined by complex and hierarchically subordinated factors.Aim is to describe the criminological aspects of the violence in sports. Research methods: theoretical studies, scientific literature analysis, statistical data analysis, data collection, systematization, analysis and synthesis.The author concludes that sport criminology should be developed in the framework of criminology in Latvia. Criminological research of sports sphere have to be promoted where the problematics, which occur in modern changing environment and affect sports industry, are analysed more widely and comprehensively. It is of great importance and vital:1) to identify the current situation, as well as to carry out an adequate and independent, and dynamic assessment of violence risks;2) to predict the future development trends of criminal situation;3) to develop preventive mechanism of negative consequences. ","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127800788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

DETERMINANTS OF TERROR ACTS ACCOMPLISHES-SUICIDE BOMBERS BEHAVIOR 恐怖行为成功的决定因素——自杀式炸弹袭击者的行为

Administrative and Criminal Justice Pub Date : 2018-06-21 DOI: 10.17770/acj.v1i82.2890

Gediminas Bučiūnas

引用次数: 0