The Penal Code
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Failing in Corporate Governance and Warning Signs of a Corporate Collapse
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Abid, Ghulam; Ahmed, Alia Article Failing in corporate governance and warning signs of a corporate collapse Pakistan Journal of Commerce and Social Sciences (PJCSS) Provided in Cooperation with: Johar Education Society, Pakistan (JESPK) Suggested Citation: Abid, Ghulam; Ahmed, Alia (2014) : Failing in corporate governance and warning signs of a corporate collapse, Pakistan Journal of Commerce and Social Sciences (PJCSS), ISSN 2309-8619, Johar Education Society, Pakistan (JESPK), Lahore, Vol. 8, Iss. 3, pp. 846-866 This Version is available at: http://hdl.handle.net/10419/188173 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. https://creativecommons.org/licenses/by-nc/4.0/ www.econstor.eu Pak J Commer Soc Sci Pakistan Journal of Commerce and Social Sciences 2014, Vol. -
Crimes Act 2016
REPUBLIC OF NAURU Crimes Act 2016 ______________________________ Act No. 18 of 2016 ______________________________ TABLE OF PROVISIONS PART 1 – PRELIMINARY ....................................................................................................... 1 1 Short title .................................................................................................... 1 2 Commencement ......................................................................................... 1 3 Application ................................................................................................. 1 4 Codification ................................................................................................ 1 5 Standard geographical jurisdiction ............................................................. 2 6 Extraterritorial jurisdiction—ship or aircraft outside Nauru ......................... 2 7 Extraterritorial jurisdiction—transnational crime ......................................... 4 PART 2 – INTERPRETATION ................................................................................................ 6 8 Definitions .................................................................................................. 6 9 Definition of consent ................................................................................ 13 PART 3 – PRINCIPLES OF CRIMINAL RESPONSIBILITY ................................................. 14 DIVISION 3.1 – PURPOSE AND APPLICATION ................................................................. 14 10 Purpose -
'Ite Offences Against the Person
OFFENCES AGAINST THE PERSON ’ITE OFFENCES AGAINST THE PERSON ACT ARRANGEMENT OF SECTIONS 1. short title. Homicide 2. Capitall murders. 3. Sentence of death. Sentence of death not to be passed on pregnant mmm. Procedure where woman convicted of capital offence alleges she is pregnant. 3~.Life imprisonment for non-capital murder. 3~.Provisions as to procedure and regarding repulted and multiple murders. 3c. Proyisions as to appeab in relation to repeated and multiple murders. 3~.Provisions as to procedure regarding two or more murders tried together. 4. Abolition of ‘‘ms~~emalice’’. 5. Persons suffering from diminished responsibility. 6. Provocation. 7. suicide pact. 8. Conspiring or soliciting to commit murder. 9. Manslaughter. 10. Exasable homicide. 11. Petit tnasm. 12. Provision for trial of certain cases of murder or manslaryhtcr. Attempts to Murder 13. Administering poison, or wounding with intent to murder. 14. Destroying or damaging building with intent to murder. 15. Setting 6re to ship, etc., with intent to murder. 16. Attempting to administer poison, etc.. with intent to murder. 17. By other means attempting to commit murder. htters Threatening to Murder 18. Letters threatening to murder. [The inclusion of thiu page is authorized by L.N. 42/1995] OFFENCES A CAINST THE PERSON Acts Causing or Tending to Cause Donger to rife, or Bodily Harm 19. Preventing person endeavouring to save his life in shipwreck. 20. Shooting or attempting to shoot or wounding with intent to do grievous bodily harm. 21. What shall be deemed loaded arms. 22. Unlawful wounding. 23. Attempting to choke, etc., in order to commit indictable offence. -
Fraud Risk Management: a Guide to Good Practice
Fraud risk management A guide to good practice Acknowledgements This guide is based on the fi rst edition of Fraud Risk Management: A Guide to Good Practice. The fi rst edition was prepared by a Fraud and Risk Management Working Group, which was established to look at ways of helping management accountants to be more effective in countering fraud and managing risk in their organisations. This second edition of Fraud Risk Management: A Guide to Good Practice has been updated by Helenne Doody, a specialist within CIMA Innovation and Development. Helenne specialises in Fraud Risk Management, having worked in related fi elds for the past nine years, both in the UK and other countries. Helenne also has a graduate certifi cate in Fraud Investigation through La Trobe University in Australia and a graduate certifi cate in Fraud Management through the University of Teeside in the UK. For their contributions in updating the guide to produce this second edition, CIMA would like to thank: Martin Birch FCMA, MBA Director – Finance and Information Management, Christian Aid. Roy Katzenberg Chief Financial Offi cer, RITC Syndicate Management Limited. Judy Finn Senior Lecturer, Southampton Solent University. Dr Stephen Hill E-crime and Fraud Manager, Chantrey Vellacott DFK. Richard Sharp BSc, FCMA, MBA Assistant Finance Director (Governance), Kingston Hospital NHS Trust. Allan McDonagh Managing Director, Hibis Europe Ltd. Martin Robinson and Mia Campbell on behalf of the Fraud Advisory Panel. CIMA would like also to thank those who contributed to the fi rst edition of the guide. About CIMA CIMA, the Chartered Institute of Management Accountants, is the only international accountancy body with a key focus on business. -
Criminal Law: Conspiracy to Defraud
CRIMINAL LAW: CONSPIRACY TO DEFRAUD LAW COMMISSION LAW COM No 228 The Law Commission (LAW COM. No. 228) CRIMINAL LAW: CONSPIRACY TO DEFRAUD Item 5 of the Fourth Programme of Law Reform: Criminal Law Laid before Parliament bj the Lord High Chancellor pursuant to sc :tion 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 6 December 1994 LONDON: 11 HMSO E10.85 net The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Commissioners are: The Honourable Mr Justice Brooke, Chairman Professor Andrew Burrows Miss Diana Faber Mr Charles Harpum Mr Stephen Silber QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London, WClN 2BQ. 11 LAW COMMISSION CRIMINAL LAW: CONSPIRACY TO DEFRAUD CONTENTS Paragraph Page PART I: INTRODUCTION 1.1 1 A. Background to the report 1. Our work on conspiracy generally 1.2 1 2. Restrictions on charging conspiracy to defraud following the Criminal Law Act 1977 1.8 3 3. The Roskill Report 1.10 4 4. The statutory reversal of Ayres 1.11 4 5. Law Commission Working Paper No 104 1.12 5 6. Developments in the law after publication of Working Paper No 104 1.13 6 7. Our subsequent work on the project 1.14 6 B. A general review of dishonesty offences 1.16 7 C. Summary of our conclusions 1.20 9 D. -
Chapter 8 Criminal Conduct Offences
Chapter 8 Criminal conduct offences Page Index 1-8-1 Introduction 1-8-2 Chapter structure 1-8-2 Transitional guidance 1-8-2 Criminal conduct - section 42 – Armed Forces Act 2006 1-8-5 Violence offences 1-8-6 Common assault and battery - section 39 Criminal Justice Act 1988 1-8-6 Assault occasioning actual bodily harm - section 47 Offences against the Persons Act 1861 1-8-11 Possession in public place of offensive weapon - section 1 Prevention of Crime Act 1953 1-8-15 Possession in public place of point or blade - section 139 Criminal Justice Act 1988 1-8-17 Dishonesty offences 1-8-20 Theft - section 1 Theft Act 1968 1-8-20 Taking a motor vehicle or other conveyance without authority - section 12 Theft Act 1968 1-8-25 Making off without payment - section 3 Theft Act 1978 1-8-29 Abstraction of electricity - section 13 Theft Act 1968 1-8-31 Dishonestly obtaining electronic communications services – section 125 Communications Act 2003 1-8-32 Possession or supply of apparatus which may be used for obtaining an electronic communications service - section 126 Communications Act 2003 1-8-34 Fraud - section 1 Fraud Act 2006 1-8-37 Dishonestly obtaining services - section 11 Fraud Act 2006 1-8-41 Miscellaneous offences 1-8-44 Unlawful possession of a controlled drug - section 5 Misuse of Drugs Act 1971 1-8-44 Criminal damage - section 1 Criminal Damage Act 1971 1-8-47 Interference with vehicles - section 9 Criminal Attempts Act 1981 1-8-51 Road traffic offences 1-8-53 Careless and inconsiderate driving - section 3 Road Traffic Act 1988 1-8-53 Driving -
Dr Stephen Copp and Alison Cronin, 'The Failure of Criminal Law To
Dr Stephen Copp and Alison Cronin, ‘The Failure of Criminal Law to Control the Use of Off Balance Sheet Finance During the Banking Crisis’ (2015) 36 The Company Lawyer, Issue 4, 99, reproduced with permission of Thomson Reuters (Professional) UK Ltd. This extract is taken from the author’s original manuscript and has not been edited. The definitive, published, version of record is available here: http://login.westlaw.co.uk/maf/wluk/app/document?&srguid=i0ad8289e0000014eca3cbb3f02 6cd4c4&docguid=I83C7BE20C70F11E48380F725F1B325FB&hitguid=I83C7BE20C70F11 E48380F725F1B325FB&rank=1&spos=1&epos=1&td=25&crumb- action=append&context=6&resolvein=true THE FAILURE OF CRIMINAL LAW TO CONTROL THE USE OF OFF BALANCE SHEET FINANCE DURING THE BANKING CRISIS Dr Stephen Copp & Alison Cronin1 30th May 2014 Introduction A fundamental flaw at the heart of the corporate structure is the scope for fraud based on the provision of misinformation to investors, actual or potential. The scope for fraud arises because the separation of ownership and control in the company facilitates asymmetric information2 in two key circumstances: when a company seeks to raise capital from outside investors and when a company provides information to its owners for stewardship purposes.3 Corporate misinformation, such as the use of off balance sheet finance (OBSF), can distort the allocation of investment funding so that money gets attracted into less well performing enterprises (which may be highly geared and more risky, enhancing the risk of multiple failures). Insofar as it creates a market for lemons it risks damaging confidence in the stock markets themselves since the essence of a market for lemons is that bad drives out good from the market, since sellers of the good have less incentive to sell than sellers of the bad.4 The neo-classical model of perfect competition assumes that there will be perfect information. -
Submit Phone Call Complaint to the Ftc
Submit Phone Call Complaint To The Ftc Snubby Wait relaying some Helvetia and enucleate his sunkets so heretofore! Barris is reassuringly postiche after shrinelike Ignatius purfles his strikingness aforetime. Deedless Ajai parle, his alamedas backfills tenants downstate. This to answer the area who have a complaint step is often happen at national scale and contact law enforcement officials for them you complaint to the phone call ftc with oral requests. Scams and Safety FBI. You may elevate your complaint via email to agcomplaintagnvgov Please await a legible PDF. Do not accept complaints submitted by phone or an avenue of control over me? The Social Security Administration, dance, like victims of domestic violence. When someone owes a creditor money and skips out these town they pursue some attempt to locate them. File a Complaint South Dakota Do post Call. The phone call to submit the complaint ftc? Anybody contacting you claiming to be nearly the IRS and asking you for personal or financial information is your crook. Trained advocates can submit a member receives. Other options for filing a complaint with the FCC include Phone 1--CALL-FCC 1--225-5322 TTY 1--TELL-FCC 1--35-5322 ASL 1-44-432-2275. Political and safety and report frauds, your credit file a moderated blog and ftc complaint about our resources. They can submit my phone. DCP maintains the giggle of Connecticut consumers who have registered for crack Do whatever Call Registry through the FTC To file a complaint please email dcp. Please note that collects complaints to call? Net neutrality could help improve this phone even after you submitted by email account fraud as identity theft protection activities and ftc also, and eliminate unfair business. -
CHAPTER 10 General Offenses
CHAPTER 10 General Offenses Article I Offenses and Miscellaneous Provisions Sec. 10-1 Definitions generally Sec. 10-2 Legislative intent Sec. 10-3 Affirmative defenses Sec. 10-4 Penalty Sec. 10-5 Parental responsibility for acts of minor children Sec. 10-6 Attempts; aiding, abetting or advising Sec. 10-7 Accessory to crime Article II Property Sec. 10-21 Trespass Sec. 10-22 Interference with use of public property Sec. 10-23 Parking on private premises Sec. 10-24 Littering Article III Damage or Destruction Sec. 10-41 Public property generally Sec. 10-42 Criminal mischief Sec. 10-43 Posters Article IV Theft and Related Offenses Sec. 10-61 Theft generally Sec. 10-62 Bad checks Sec. 10-63 Theft of rental property Sec. 10-64 Joyriding Sec. 10-65 Shoplifting Sec. 10-66 Price switching Sec. 10-67 Theft by receiving Sec. 10-68 Questioning of person suspected of theft without liability Article V Public Health and Safety Sec. 10-81 Abandoned containers Sec. 10-82 Storage of flammable liquids in vehicles Sec. 10-83 Storage of construction materials Sec. 10-84 Contamination of water Sec. 10-85 Poisonous substances Sec. 10-86 Cruelty to animals Sec. 10-87 Hunting and feeding of wildlife prohibited Sec. 10-88 Fire bans Article VI Morals Sec. 10-101 Lewd conduct Sec. 10-102 Obscene conduct Sec. 10-103 Indecent books or demonstrations Article VII Public Peace Sec. 10-121 Disorderly conduct Sec. 10-122 Disrupting lawful assembly Sec. 10-123 Loitering Sec. 10-124 Unlawful assembly Sec. 10-125 Unlawful interference; educational institutions 10-1 Sec. -
Suppression of Popular Gatherings in England, 1800-1830 Frank W
digitalcommons.nyls.edu Faculty Scholarship Articles & Chapters 1981 Suppression of Popular Gatherings in England, 1800-1830 Frank W. Munger New York Law School, [email protected] Follow this and additional works at: https://digitalcommons.nyls.edu/fac_articles_chapters Part of the Judges Commons, and the Law and Society Commons Recommended Citation 25 Am. J. Legal Hist. 111 (1981) This Article is brought to you for free and open access by the Faculty Scholarship at DigitalCommons@NYLS. It has been accepted for inclusion in Articles & Chapters by an authorized administrator of DigitalCommons@NYLS. Suppression of Popular Gatherings in England, 1800-1830 by FRANK MUNGER* Recent works on crime and society in eighteenth century England have reported challenging questions about the exercise of legal authority and the maintenance of control over the working classes.1 It has been suggested, for example, that the manipulation of sentencing for capital offenses at eighteenth century assizes re- flected a deep concern for maintaining the legitimacy of class rule through the legal system apart from any immediate concern with crime. 2 It has also been argued that while the creation of capital offenses under the Black Act of 1722 reflected class struggle over the uses of property, the commitment of the English legal system to even-handed justice tempered the effect of the Act in certain in- stances. 3 Thus, by two different routes, recent historians have ar- gued that the English criminal justice system produced more temp- erate and "just" results than the context of class rule might suggest. Such studies suggest that a legal system, and specifically the legal system of Industrial Revolution England, was a complex sys- tem. -
5 Freedom of Association and Assembly
CORE Metadata, citation and similar papers at core.ac.uk Provided by Brunel University Research Archive 5 Freedom of Association and Assembly RODA MUSHKAT S.K. LAU, perhaps the most perceptive academic observer of the Hong Kong social scene, has contended in his influential book1 that the dominant cultural code in the territory is 'utilitarianistic familism'. This manifests itself in a normative and behavioural tendency of local Chinese to place their familial interests above the interests of other individuals, groups, and society as a whole, and to structure their relationships with other parties in a manner consistent with the ultimate objective of maximizing familial wel fare. The utilitarianistic dimension of familism is rooted, accord ing to Lau, in the strong inclination exhibited by family members to accord far greater importance to material interests than to non-material ones. Utilitarianistic familism is said to generate attitudes such as 'aloofness towards society' ('[t]he Hong Kong Chinese in general neither identify with Hong Kong nor are committed to it but rather tend to treat it as an instrument. Consequently, society is conceived as a setting wherein one exploits ... the opportunities available ... to advance the interests of oneself and one's fami lial group');2 'avoidance of involvement with outsiders' ('[s]uspi- cious attitudes towards outsiders and distrust of them have long been a recognized cultural feature of Chinese people, which have their roots in a peasant society where relatively self-contained life confined to small geographical areas was the rule. Given the Chinese abhorrence of conflict and aggression, we find the coexistence of intense emotional attachment among people in small groups, and cold impersonal postures towards those who are outsiders .. -
Law of Crimes (Indian Penal Code)
Class –LL.B (HONS.) II SEM. Subject – IPC LAW OF CRIMES (INDIAN PENAL CODE) LLLL UNIT-III Group liability 1. Common Intention 2. Abetment UNIT-I General 3. Instigation, aiding and conspiracy 1. Concept of crime UNIT-II Element of Criminal 4. Mere act of abetment punishable 2. Distinction between crime Liability 5. Unlawful assembly and other wrongs 1. Person definition - natural 6. Basis of liability 3. McCauley’s draft based and legal person 7. Criminal conspiracy essentially on British notions 2. Mens rea- evil intention 8. Rioting as a specific offence 4. Salient features of the 3. Recent trends to fix liability General Exceptions : I.P.C. without mens rea in certain 9. Mental incapacity 5. IPC: a reflection of socio- economic offences 10. Minority different 4. Act in furtherance of guilty 11. Insanity social and moral values intent- common object 12. Medical and legal insanity 6. Applicability of I.P.C.- 5. Factors negativing guilty 13. Intoxication intention territorial and personal 14. Private defence-justification and limits 6. Definition of specific terms 15. When private defence extends to causing of death to protect body and property 16. Necessity 17. Mistake of fact 18. Offence relating to state 19. Against Tranquility 20. Contempt of Lawful Authority UNIT-IV Offences against human body 1. Culpable homicide 2. Murder 3. Culpable homicide amounting to murder 4. Grave and sudden provocation Unit-V Types of Punishment 5. Exceeding right to private defence 1. Death PAPER-III LAW OF CRIMES6. Hurt - grievous-I (PENAL and simple CODE) 2. Social relevance of capital punishment UNIT-I General 7.