THE INSTITUTE OF CRIMINAL OFFENSES IN THE LEGISLATION OF FOREIGN COUNTRIES
Bibliographic record
Abstract
The analysis of scientific works on the definition of crime and misdemeanor in the legislation of foreign countries (France, Germany, Switzerland, Austria, Italy, Portugal, Denmark, Poland, Republic of Moldova, Baltic countries, England, USA, Canada) was carried out. It was found that different criteria are used to distinguish between a crime and a misdemeanor in the criminal law of foreign countries: the main ones are: the material criterion (seriousness of the act) in France; a formal criterion (the amount of punishment) in Austria and Germany, in Germany this division is based on the minimum amount of punishment that can be imposed for their commission; formal sign (type of punishment) in Switzerland; form of guilt in Poland. It was concluded that scientists single out a criminal misdemeanor as a special type of criminal offense, which has a relatively low level of public safety, leads to a greater application of the principles of humanism and a regime of responsibility other than crimes. The issue of normative legal acts regulating criminal misdemeanors is considered. It is noted that the law of Switzerland, Italy, Greece, Spain and Portugal has a direct requirement to define misdemeanors in the laws. In other states, the composition of misdemeanors and penalties for them are established both in laws and by-laws. In the author's opinion, it is more expedient to regulate the various aspects of a criminal misdemeanor both by laws and by-laws; the latter detail and concretize the legislative prescriptions, without going beyond them at the same time. The debate on the expediency of adopting an independent (separate) normative act on criminal misdemeanor was considered. Attention is drawn to the argumentation of the advantages of the simplified proceedings of the institution of a criminal misdemeanor and its features, the grounds for its isolation in the criminal legislation. The proposals of specialists regarding the adoption of this practice in Ukraine and its further improvement were considered.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.004 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.006 | 0.005 |
| Science and technology studies | 0.002 | 0.002 |
| Scholarly communication | 0.004 | 0.001 |
| Open science | 0.000 | 0.001 |
| Research integrity | 0.001 | 0.001 |
| Insufficient payload (model declined to judge) | 0.010 | 0.002 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".