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Keywords = penal sanction

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15 pages, 2054 KiB  
Article
The Public Perception of Zoophilic Acts in Hungary
by Szilvia Vetter, Beáta Szilassi and László Ózsvári
Animals 2025, 15(4), 465; https://doi.org/10.3390/ani15040465 - 7 Feb 2025
Viewed by 2651
Abstract
This study aimed to assess public perceptions and knowledge of, and attitudes towards, zoophilia in Hungary. Conducted between October and December 2021 with 1753 respondents, the survey revealed significant interest and concern regarding zoophilia. The majority (98.3%) of respondents deemed zoophilia to be [...] Read more.
This study aimed to assess public perceptions and knowledge of, and attitudes towards, zoophilia in Hungary. Conducted between October and December 2021 with 1753 respondents, the survey revealed significant interest and concern regarding zoophilia. The majority (98.3%) of respondents deemed zoophilia to be unacceptable from both health and animal welfare perspectives. Of those surveyed, 98.9% believed that animals possess dignity, and 84.7% felt that zoophilia negatively impacts this dignity. However, awareness of Hungarian legislation on zoophilia was limited, with 38.9% of respondents unaware that such acts are legally prohibited. The survey also highlighted a strong consensus (98.2%) favoring strict penalties for zoophilia. Additionally, the survey uncovered that 14% of respondents had encountered or heard of zoophilic incidents, involving various animals, predominantly dogs. Gender and settlement type significantly influence attitudes toward zoophilic acts, with women and people in capital and major cities being more aware of the legal prohibition and more supportive of strict sanctions. The results underscore a crucial need for enhanced public education on legal standards and ethical considerations regarding zoophilia and suggest a significant gap in understanding and managing the issue, necessitating further research and legislative reforms. Full article
(This article belongs to the Special Issue The Complexity of the Human–Companion Animal Bond)
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14 pages, 234 KiB  
Article
Confiscation Beyond the All-Crime Approach and the Proportionality Principle—A Case of the Lithuanian Illicit Enrichment Offence Concept
by Skirmantas Bikelis
Laws 2025, 14(1), 1; https://doi.org/10.3390/laws14010001 - 24 Dec 2024
Viewed by 1868
Abstract
The article discusses the ultimate limits of crime proceeds control measures from the perspective of the proportionality principle. The concept of the general illicit enrichment offence (GIEO) is explored as it is considered one of the most radical illicit asset control measures. It [...] Read more.
The article discusses the ultimate limits of crime proceeds control measures from the perspective of the proportionality principle. The concept of the general illicit enrichment offence (GIEO) is explored as it is considered one of the most radical illicit asset control measures. It is based on two extreme elements: first, it reaches broadly beyond the all-crime proceeds approach and targets any unexplained assets. Secondly, it provides highly intrusive measures, involving both the confiscation of assets and, in addition, criminal sanctions. The advantages and risks of the concept are examined from both practical and basic legal principle perspectives. The author presents recent results from the Lithuanian penal justice system, where the GIEO has been introduced into penal law and practice since the end of 2010. A rich body of case law from the European Court of Human Rights (ECtHR) and European Union Court of Justice (EUCJ) serves as the background of the analysis. The author concludes that the concept of GEIO is in conflict with the proportionality principle. Although the Lithuanian Constitutional Court did not find proportionality issues with the GIEO, the prospects of successful challenges with respect to the proportionality principle in the ECtHR and the EUCJ appear promising. Full article
(This article belongs to the Section Criminal Justice Issues)
13 pages, 655 KiB  
Review
Whispers in the Blood: Leveraging MicroRNAs for Unveiling Autologous Blood Doping in Athletes
by Mehdi Hassanpour and Amankeldi A. Salybekov
Int. J. Mol. Sci. 2024, 25(1), 249; https://doi.org/10.3390/ijms25010249 - 23 Dec 2023
Cited by 3 | Viewed by 2255
Abstract
The prevalence of autologous blood transfusions (ABTs) presents a formidable challenge in maintaining fair competition in sports, as it significantly enhances hemoglobin mass and oxygen capacity. In recognizing ABT as a prohibited form of doping, the World Anti-Doping Agency (WADA) mandates stringent detection [...] Read more.
The prevalence of autologous blood transfusions (ABTs) presents a formidable challenge in maintaining fair competition in sports, as it significantly enhances hemoglobin mass and oxygen capacity. In recognizing ABT as a prohibited form of doping, the World Anti-Doping Agency (WADA) mandates stringent detection methodologies. While current methods effectively identify homologous erythrocyte transfusions, a critical gap persists in detecting autologous transfusions. The gold standard practice of longitudinally monitoring hematological markers exhibits promise but is encumbered by limitations. Despite its potential, instances of blood doping often go undetected due to the absence of definitive verification processes. Moreover, some cases remain unpenalized due to conservative athlete-sanctioning approaches. This gap underscores the imperative need for a more reliable and comprehensive detection method capable of unequivocally differentiating autologous transfusions, addressing the challenges faced in accurately identifying such prohibited practices. The development of an advanced detection methodology is crucial to uphold the integrity of anti-doping measures, effectively identifying and penalizing instances of autologous blood transfusion. This, in turn, safeguards the fairness and equality essential to competitive sports. Our review tackles this critical gap by harnessing the potential of microRNAs in ABT doping detection. We aim to summarize alterations in the total microRNA profiles of erythrocyte concentrates during storage and explore the viability of observing these changes post-transfusion. This innovative approach opens avenues for anti-doping technologies and commercialization, positioning it as a cornerstone in the ongoing fight against doping in sports and beyond. The significance of developing a robust detection method cannot be overstated, as it ensures the credibility of anti-doping efforts and promotes a level playing field for all athletes. Full article
(This article belongs to the Special Issue Gene Doping Control)
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14 pages, 1061 KiB  
Article
Penal Sanctioning of Zoophilia in Light of the Legal Status of Animals—A Comparative Analysis of Fifteen European Countries
by Szilvia Vetter, Anita Boros and László Ózsvári
Animals 2020, 10(6), 1024; https://doi.org/10.3390/ani10061024 - 12 Jun 2020
Cited by 7 | Viewed by 28238
Abstract
The criminal legislation regarding zoophilia and the legal status of animals were examined in 15 European countries. With regard to zoophilia, answers to the following questions were sought: are sexual acts performed with animals and the possession and distribution of animal pornography criminally [...] Read more.
The criminal legislation regarding zoophilia and the legal status of animals were examined in 15 European countries. With regard to zoophilia, answers to the following questions were sought: are sexual acts performed with animals and the possession and distribution of animal pornography criminally punishable? Several aspects of the legal status of animals were examined including: (1) is the protection of individual animals included in the constitution, (2) do animals have a special status beyond mere objects, (3) can we find specific legislative provisions that explicitly state that animals are not simply things, and (4) does the legal system also take the “dignity” of animals into consideration. The assessment of zoophilia and the legal status of animals resulted in two country rankings, which the authors compared with each other. The correlation was not significant (p = 0.3147). At the same time, countries with differentiated criminal legislation for zoophilia were also 3.62 times more likely to rank higher in terms of the legal status of animals. The Swiss regulations are exceptional in both respects, while at the other end of the list, Italy does not have specific legislative provisions for either aspect. Full article
(This article belongs to the Section Animal Welfare)
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13 pages, 207 KiB  
Article
House Demolitions
by Mordechai Kremnitzer and Lina Saba-Habesch
Laws 2015, 4(2), 216-228; https://doi.org/10.3390/laws4020216 - 29 May 2015
Cited by 2 | Viewed by 5761
Abstract
This article discusses the nature of “house demolitions” as used by the State of Israel in the West Bank and East Jerusalem. In our opinion, and in contrast to the view of Israel’s Supreme Court, such demolition orders constitute a penal sanction. As [...] Read more.
This article discusses the nature of “house demolitions” as used by the State of Israel in the West Bank and East Jerusalem. In our opinion, and in contrast to the view of Israel’s Supreme Court, such demolition orders constitute a penal sanction. As a penal sanction, we argue that this measure violates the basic principles of criminal liability. Even if this conclusion is not accepted, it will be argued that making innocent people homeless is an illegal collective measure. Even if assuming arguendo that it is not an illegal collective measure, it violates the basic principle of personal responsibility. The general conclusion of the article is that the examination of the nature of sanctions should go beyond the labels that are attached to them. Labeling sanctions as either penal or civil may not always reflect its true nature, and labels are sometimes deliberately used or rather misused in order to escape from the requirements stemming from the true essence of a sanction. Full article
(This article belongs to the Special Issue Rough Justice: Penal Sanctions, Human Dignity, and Human Rights)
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