Pub Date : 2024-04-08DOI: 10.62271/pjc.16.2.943.958
The relevance of the selected theme is stipulated by the destructive effect of corruption on the social structure of society and the weakening of the rule of law. Corruption schemes as an instrument of geopolitics are used as a part of the foreign policy arsenal of authoritarian states such as Russia. Under such circumstances, data analytics provides researchers and public society with a large volume of analytical instruments, enabling comprehensive monitoring of governments. Such monitoring enhances the efficiency of corruption prevention in public administration. The article aims to determine the data analytics method for corruption prevention in public administration during hybrid warfare. Using the methods of content analysis, historical, abstract-logical methods, we found how data analytics can contribute to effective corruption prevention in public administration. Perspective and appropriate methods of data analytics used for corruption prevention in public administration were found. Based on the results of the conducted study, recommendations for improvement of the use of data analytics in public administration for corruption prevention during hybrid warfare were offered. The perspective of further studies includes research on introducing data analytics in the everyday work of particular state institutions.
{"title":"The Use of Data Analytics in Public Administration for Corruption Prevention During Hybrid Warfare","authors":"","doi":"10.62271/pjc.16.2.943.958","DOIUrl":"https://doi.org/10.62271/pjc.16.2.943.958","url":null,"abstract":"The relevance of the selected theme is stipulated by the destructive effect of\u0000corruption on the social structure of society and the weakening of the rule of law.\u0000Corruption schemes as an instrument of geopolitics are used as a part of the foreign\u0000policy arsenal of authoritarian states such as Russia. Under such circumstances,\u0000data analytics provides researchers and public society with a large volume of\u0000analytical instruments, enabling comprehensive monitoring of governments. Such\u0000monitoring enhances the efficiency of corruption prevention in public\u0000administration. The article aims to determine the data analytics method for\u0000corruption prevention in public administration during hybrid warfare. Using the\u0000methods of content analysis, historical, abstract-logical methods, we found how\u0000data analytics can contribute to effective corruption prevention in public\u0000administration. Perspective and appropriate methods of data analytics used for\u0000corruption prevention in public administration were found. Based on the results of\u0000the conducted study, recommendations for improvement of the use of data analytics\u0000in public administration for corruption prevention during hybrid warfare were\u0000offered. The perspective of further studies includes research on introducing data\u0000analytics in the everyday work of particular state institutions.","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":"160 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140731473","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}
Pub Date : 2024-04-08DOI: 10.62271/pjc.16.2.619.634
The article analyses the role of the international judiciary in protecting the environmental rights of future generations to achieve the sustainable development goals pursued by different countries. The problem of the study was the extent to which international jurisdiction contributed to protecting the rights of future generations. The study aimed to demonstrate and determine the content of the intergenerational theory of environmental justice and the extent to which constitution’s guarantee future generations' right to a healthy environment. The research discovered various results and recommendations, but the most significant was that constitutions, international agreements, and international acts should ensure a healthy and sound environment for future generations. International justice confirms environmental justice, contributing to the protection of future generations' environmental rights by appointing a National Council, General Representative, or Environmental Secretary of any designation to represent future generations before the judiciary and alert governments and citizens to environmental issues.
{"title":"The Role of International Judiciary in Protecting the Environmental Rights of Future Generations","authors":"","doi":"10.62271/pjc.16.2.619.634","DOIUrl":"https://doi.org/10.62271/pjc.16.2.619.634","url":null,"abstract":"The article analyses the role of the international judiciary in protecting the\u0000environmental rights of future generations to achieve the sustainable development\u0000goals pursued by different countries. The problem of the study was the extent to\u0000which international jurisdiction contributed to protecting the rights of future\u0000generations. The study aimed to demonstrate and determine the content of the\u0000intergenerational theory of environmental justice and the extent to which\u0000constitution’s guarantee future generations' right to a healthy environment. The\u0000research discovered various results and recommendations, but the most significant\u0000was that constitutions, international agreements, and international acts should\u0000ensure a healthy and sound environment for future generations. International\u0000justice confirms environmental justice, contributing to the protection of future\u0000generations' environmental rights by appointing a National Council, General\u0000Representative, or Environmental Secretary of any designation to represent future\u0000generations before the judiciary and alert governments and citizens to\u0000environmental issues.","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":"17 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140729343","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}
Pub Date : 2024-04-08DOI: 10.62271/pjc.16.2.357.374
Digital technologies are becoming increasingly important for promoting public authorities’ transparency, accountability, and anti-corruption activities. The aim of the research is to analyse the impact of digitalisation on ensuring transparency and minimising corruption risks among public authorities. The study employed correlation analysis and graphical methods for modelling. The results of the analysis established that digital technologies have a significant potential to transform traditional practices towards greater accountability and transparency. Factors determining the effectiveness of digital technologies for increasing transparency are: the level of institutional readiness of authorities, overcoming digital inequality, legal regulation, and the development of information competence. Digital technologies have not yet realised their full potential to ensure systemic transparency of authorities and prevent corruption. A comprehensive approach is important to optimise these processes. Although digital technologies can provide significant transparency, their proper implementation, which lies between technical and social capabilities, has greater potential to enhance transparency, restore public trust, and combat corruption
{"title":"The Impact of Digital Technologies on Ensuring Transparency and Minimising Corruption Risks among Public Authorities","authors":"","doi":"10.62271/pjc.16.2.357.374","DOIUrl":"https://doi.org/10.62271/pjc.16.2.357.374","url":null,"abstract":"Digital technologies are becoming increasingly important for promoting\u0000public authorities’ transparency, accountability, and anti-corruption activities. The\u0000aim of the research is to analyse the impact of digitalisation on ensuring\u0000transparency and minimising corruption risks among public authorities. The study\u0000employed correlation analysis and graphical methods for modelling. The results of\u0000the analysis established that digital technologies have a significant potential to\u0000transform traditional practices towards greater accountability and transparency.\u0000Factors determining the effectiveness of digital technologies for increasing\u0000transparency are: the level of institutional readiness of authorities, overcoming\u0000digital inequality, legal regulation, and the development of information\u0000competence. Digital technologies have not yet realised their full potential to\u0000ensure systemic transparency of authorities and prevent corruption. A\u0000comprehensive approach is important to optimise these processes. Although\u0000digital technologies can provide significant transparency, their proper\u0000implementation, which lies between technical and social capabilities, has greater\u0000potential to enhance transparency, restore public trust, and combat corruption","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":"47 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140729757","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}
Pub Date : 2024-04-08DOI: 10.62271/pjc.16.2.1005.1018
This study emphasizes the importance of corporate governance practices in providing strategic guidance for the direction and management of a company. It highlights the need for effective oversight of executive management by the board of directors and underscores the significance of holding the board of directors accountable to both the company and its shareholders. According to general principles, board members can be held responsible if they violate the law or the company's bylaws, whether their actions result in harm to the company and its shareholders or third parties. Board members may face various forms of responsibility, including civil, criminal, and disciplinary liability, depending on the circumstances. Any clause that attempts to exempt board members from liability for their actions is considered invalid, and they can only be absolved from responsibility in cases of force majeure, the fault of the aggrieved party, or actions by third parties. Therefore, this study discusses the multifaceted responsibilities of board members, encompassing civil, criminal, and disciplinary aspects.
{"title":"The Liability of Company Board Members: A Comparative Study on Civil, Criminal, and Disciplinary Aspects","authors":"","doi":"10.62271/pjc.16.2.1005.1018","DOIUrl":"https://doi.org/10.62271/pjc.16.2.1005.1018","url":null,"abstract":"This study emphasizes the importance of corporate governance practices in\u0000providing strategic guidance for the direction and management of a company. It\u0000highlights the need for effective oversight of executive management by the board of\u0000directors and underscores the significance of holding the board of directors\u0000accountable to both the company and its shareholders. According to general\u0000principles, board members can be held responsible if they violate the law or the\u0000company's bylaws, whether their actions result in harm to the company and its\u0000shareholders or third parties. Board members may face various forms of\u0000responsibility, including civil, criminal, and disciplinary liability, depending on the\u0000circumstances. Any clause that attempts to exempt board members from liability for\u0000their actions is considered invalid, and they can only be absolved from\u0000responsibility in cases of force majeure, the fault of the aggrieved party, or actions\u0000by third parties. Therefore, this study discusses the multifaceted responsibilities of\u0000board members, encompassing civil, criminal, and disciplinary aspects.","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":"110 S136","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140731875","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}
Pub Date : 2024-04-08DOI: 10.62271/pjc.16.2.659.667
Obtaining justice for individuals from different groups in the international community is a fundamental human right. Because of this, the United Nations has consistently recognized genocide as an international crime that is denied by everyone and for which those who commit it should be held accountable. Consequently, genocide falls under the purview of international criminal courts; however, its definition, elements of criminal liability, distinction from other international crimes, and standards used by the court to classify genocide crimes must all be defined. Understanding the elements of the crime is essential. These crimes damage humanity and jeopardize global peace and security, which makes it necessary to establish international courts with the authority to prosecute the perpetrators of these crimes. Genocide is not something that typically happens overnight or without warning. It is, in fact, a deliberate strategy. Genocide has a considerable impact on future generations. It has a detrimental effect on the safety and security of the population in neighboring areas because its consequences extend beyond the borders of the devastated country. For instance, the genocide in Rwanda is still being felt today in many ways, both inside the nation and among its neighbors, particularly in the Democratic Republic of the Congo's eastern territories.
{"title":"The Crime of Genocide Considering International Humanitarian Law","authors":"","doi":"10.62271/pjc.16.2.659.667","DOIUrl":"https://doi.org/10.62271/pjc.16.2.659.667","url":null,"abstract":"Obtaining justice for individuals from different groups in the international\u0000community is a fundamental human right. Because of this, the United Nations has\u0000consistently recognized genocide as an international crime that is denied by\u0000everyone and for which those who commit it should be held accountable.\u0000Consequently, genocide falls under the purview of international criminal courts;\u0000however, its definition, elements of criminal liability, distinction from other\u0000international crimes, and standards used by the court to classify genocide crimes\u0000must all be defined. Understanding the elements of the crime is essential. These\u0000crimes damage humanity and jeopardize global peace and security, which makes it\u0000necessary to establish international courts with the authority to prosecute the\u0000perpetrators of these crimes. Genocide is not something that typically happens\u0000overnight or without warning. It is, in fact, a deliberate strategy. Genocide has a\u0000considerable impact on future generations. It has a detrimental effect on the safety\u0000and security of the population in neighboring areas because its consequences\u0000extend beyond the borders of the devastated country. For instance, the genocide in\u0000Rwanda is still being felt today in many ways, both inside the nation and among\u0000its neighbors, particularly in the Democratic Republic of the Congo's eastern\u0000territories.","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":"32 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140728291","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}
Pub Date : 2024-04-08DOI: 10.62271/pjc.16.2.635.646
This article focuses on the legal status of coastal-deprived states. Its objective is to illustrate the rights of a state that is confined and geographically impacted within the exclusive economic zone's living wealth. Additionally, it aims to highlight international variations in the rights of a state that is confined and geographically affected within the exclusive economic zone, as established by the Third Conference on the Law of the Sea. The research focuses on establishing the legal definition of a locked-in state. The present study has adopted an analytical technique to examine the entitlement of states that are geographically impacted and trapped to exercise their right to participate in the welfare of living riches on the high seas. Numerous conclusions and recommendations have been derived, with the foremost being the necessity to revise the Convention on the Law of the Sea on the provisions concerning the status of states lacking beaches and geographically impacted states. This amendment is crucial in safeguarding their entitlement to utilize the open ocean and partake in all fishing, mobility, and exploration endeavors to extract minerals and sustain their livelihoods.
{"title":"Legal Status of Coastal Deprived States: Trapped States","authors":"","doi":"10.62271/pjc.16.2.635.646","DOIUrl":"https://doi.org/10.62271/pjc.16.2.635.646","url":null,"abstract":"This article focuses on the legal status of coastal-deprived states. Its\u0000objective is to illustrate the rights of a state that is confined and geographically\u0000impacted within the exclusive economic zone's living wealth. Additionally, it aims\u0000to highlight international variations in the rights of a state that is confined and\u0000geographically affected within the exclusive economic zone, as established by the\u0000Third Conference on the Law of the Sea. The research focuses on establishing the\u0000legal definition of a locked-in state. The present study has adopted an analytical\u0000technique to examine the entitlement of states that are geographically impacted\u0000and trapped to exercise their right to participate in the welfare of living riches on\u0000the high seas. Numerous conclusions and recommendations have been derived,\u0000with the foremost being the necessity to revise the Convention on the Law of the\u0000Sea on the provisions concerning the status of states lacking beaches and\u0000geographically impacted states. This amendment is crucial in safeguarding their\u0000entitlement to utilize the open ocean and partake in all fishing, mobility, and\u0000exploration endeavors to extract minerals and sustain their livelihoods.","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":"269 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140730452","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}
Pub Date : 2024-04-08DOI: 10.62271/pjc.16.2.293.308
The article analyses the role of the criminal legislator in the field of environmental protection guaranteed by both Omani and UAE legislators. The problem of the study was the extent to which the Omani and UAE legislators contributed to the criminal protection of the environment. The study aimed to indicate and determine the content, elements, and penalties imposed by the Omani and UAE legislators for environmental offences. The study found several conclusions and recommendations, the most important of which being that the Omani and UAE legislature has ensured the criminal protection of the environment by criminalizing acts that pose a serious threat to one or more elements of the environment either by an explicit provision in the Penal Code or by special laws relating to the protection of the environment or within the special law on environmental protection and pollution control. The penalties prescribed for the offence of environmental pollution must be reviewed by establishing penalties for deprivation of liberty and not only a fine.
{"title":"Criminal Protection against Environmental Pollution in Omani and UAE Legislation","authors":"","doi":"10.62271/pjc.16.2.293.308","DOIUrl":"https://doi.org/10.62271/pjc.16.2.293.308","url":null,"abstract":"The article analyses the role of the criminal legislator in the field of\u0000environmental protection guaranteed by both Omani and UAE legislators. The\u0000problem of the study was the extent to which the Omani and UAE legislators\u0000contributed to the criminal protection of the environment. The study aimed to\u0000indicate and determine the content, elements, and penalties imposed by the Omani\u0000and UAE legislators for environmental offences. The study found several\u0000conclusions and recommendations, the most important of which being that the\u0000Omani and UAE legislature has ensured the criminal protection of the\u0000environment by criminalizing acts that pose a serious threat to one or more\u0000elements of the environment either by an explicit provision in the Penal Code or\u0000by special laws relating to the protection of the environment or within the special\u0000law on environmental protection and pollution control. The penalties prescribed\u0000for the offence of environmental pollution must be reviewed by establishing\u0000penalties for deprivation of liberty and not only a fine.","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":"152 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140731309","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}
Pub Date : 2024-04-08DOI: 10.62271/pjc.16.2.813.826
Research with the title The Role of Psychologists and Psychiatrists in Children Perpetrating Crimes in Child Development Institutions was carried out by the Class II Correctional Institution in Jayapura City. The method used in this research is empirical legal research. The problems of this research are: What is the rationale for including Child Development in the Child Protection Justice System, what are the coaching efforts carried out by the Jayapura City Class II Penitentiary and how are Psychologists and Psychiatrists implemented in coaching child convicts at the Jayapura City Class II Correctional Institution. So, this needs to be researched because there are perpetrators of criminal acts who, after leaving or having completed their training period, will return to a training institution or are referred to as recidivists. It is hoped that this research can provide input to the Government, Development Institutions, and knowledge for the community
{"title":"The Function of Psychology and Psychiatrists for Children Perpetrating Crimes in Special Children’s Development Institutions","authors":"","doi":"10.62271/pjc.16.2.813.826","DOIUrl":"https://doi.org/10.62271/pjc.16.2.813.826","url":null,"abstract":"Research with the title The Role of Psychologists and Psychiatrists in\u0000Children Perpetrating Crimes in Child Development Institutions was carried out\u0000by the Class II Correctional Institution in Jayapura City. The method used in this\u0000research is empirical legal research. The problems of this research are: What is the\u0000rationale for including Child Development in the Child Protection Justice System,\u0000what are the coaching efforts carried out by the Jayapura City Class II Penitentiary\u0000and how are Psychologists and Psychiatrists implemented in coaching child\u0000convicts at the Jayapura City Class II Correctional Institution. So, this needs to be\u0000researched because there are perpetrators of criminal acts who, after leaving or\u0000having completed their training period, will return to a training institution or are\u0000referred to as recidivists. It is hoped that this research can provide input to the\u0000Government, Development Institutions, and knowledge for the community","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":"7 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140728657","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}
Pub Date : 2024-04-08DOI: 10.62271/pjc.16.2.903.912
Restorative justice holds promise as an alternative to punitive approaches in the juvenile justice system, offering effective means of addressing criminal actions while promoting accountability and reconciliation. This paper explores the implementation of restorative justice in Indonesia’s legal landscape, examining its potential benefits, challenges, and regulatory frameworks. Through a normative juridical approach and qualitative analysis of legal documents and literature, the study underscores the importance of enhancing understanding and skills among law enforcement agencies, particularly the Attorney General's Office, in effectively applying restorative justice principles. By upholding values of justice, decency, and morality, the Attorney General's Office can play a pivotal role in fostering a more humane and efficient criminal justice system that serves the interests of society as a whole.
{"title":"Enhancing Legal Certainty Through Restorative Justice: A Focus on the Role of Indonesia’s Attorney General’s Office","authors":"","doi":"10.62271/pjc.16.2.903.912","DOIUrl":"https://doi.org/10.62271/pjc.16.2.903.912","url":null,"abstract":"Restorative justice holds promise as an alternative to punitive approaches in\u0000the juvenile justice system, offering effective means of addressing criminal actions\u0000while promoting accountability and reconciliation. This paper explores the\u0000implementation of restorative justice in Indonesia’s legal landscape, examining its\u0000potential benefits, challenges, and regulatory frameworks. Through a normative\u0000juridical approach and qualitative analysis of legal documents and literature, the\u0000study underscores the importance of enhancing understanding and skills among law\u0000enforcement agencies, particularly the Attorney General's Office, in effectively\u0000applying restorative justice principles. By upholding values of justice, decency, and\u0000morality, the Attorney General's Office can play a pivotal role in fostering a more\u0000humane and efficient criminal justice system that serves the interests of society as a\u0000whole.","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140729876","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}
Pub Date : 2024-04-08DOI: 10.62271/pjc.16.2.169.188
This study began with the hypothesis that British law has an advantage in regulation over Kuwaiti law regarding penalties related to companies or legal persons. This study raised several questions regarding several penalties and measures (fines, compensation orders, corrective orders, restitution orders, publication orders, Judicial rulings, submitting periodic financial reports, and dismissing company directors). To answer its questions, this study used the analytical approach by analyzing the texts of British law and how they are applied before the courts. The study compared that with the texts currently existing in the Kuwaiti legal system and the extent to which the penalties found in British law can be applied. In the State of Kuwait. Indeed, it became clear from this study that there is an advantage, but it is partial. This study found that there are penalties regulated by the British legislator that the Kuwaiti legislator did not know about, and there are penalties regulated by the British legislator in a more detailed and deeper manner than Kuwaiti law in a manner consistent with the nature of the legal person (companies). Finally, the study concluded that the Kuwaiti legislator should benefit from the experience of the British legislator about criminal corporate penalties.
{"title":"Sentencing Corporate Defendants: A Comparative Study among Kuwaiti and Britain Law","authors":"","doi":"10.62271/pjc.16.2.169.188","DOIUrl":"https://doi.org/10.62271/pjc.16.2.169.188","url":null,"abstract":"This study began with the hypothesis that British law has an advantage in\u0000regulation over Kuwaiti law regarding penalties related to companies or legal\u0000persons. This study raised several questions regarding several penalties and\u0000measures (fines, compensation orders, corrective orders, restitution orders,\u0000publication orders, Judicial rulings, submitting periodic financial reports, and\u0000dismissing company directors). To answer its questions, this study used the\u0000analytical approach by analyzing the texts of British law and how they are applied\u0000before the courts. The study compared that with the texts currently existing in the\u0000Kuwaiti legal system and the extent to which the penalties found in British law\u0000can be applied. In the State of Kuwait. Indeed, it became clear from this study that\u0000there is an advantage, but it is partial. This study found that there are penalties\u0000regulated by the British legislator that the Kuwaiti legislator did not know about,\u0000and there are penalties regulated by the British legislator in a more detailed and\u0000deeper manner than Kuwaiti law in a manner consistent with the nature of the\u0000legal person (companies). Finally, the study concluded that the Kuwaiti legislator\u0000should benefit from the experience of the British legislator about criminal\u0000corporate penalties.","PeriodicalId":516769,"journal":{"name":"Pakistan Journal of Criminology","volume":"10 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140728501","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}
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