Criminal law from the viewpoint of Janis Baumanis: From interpretation of criminal law to quantum criminology
11 October, 2017
The monograph published by Latvijas Vestnesis “No krimināltiesību normu interpretācijas līdz kvantu kriminoloģijai” (From interpretation of Criminal Law to Quantum Criminology) presented by Dr.iur. Janis Baumanis, Legal Research Counsel to the Department of Criminal Cases of the Supreme Court.
Summing up the various variants of the interpretation of provisions of the Criminal Law and giving his opinion, the author looks at the criminal offense, the objective and subjective characteristics of its composition and issues regarding the enforcement of coercive measures provided by the Criminal Law. The special feature of the book is that the author has devoted it not only to criminology but also to psychology, philology, even fiction and theology.
Peteris Dzalbe, the Chair of the Department of Criminal Cases of the Supreme Court, in the preface of the book points out that the Criminal Law is a legal act which stipulates the most severe form of legal liability – criminal liability. Therefore, the interpretation of the content of the Criminal Law must be clear. At the same time, it must be admitted that the Criminal Law is formulated in a high degree of abstraction and contains general clauses and uncertain legal concepts that create variants for interpretation. "Those who apply the Criminal Law, when judging each individual interpretation, often have to go beyond the framework of the Criminal Law and look at the problems on a wider scale, as demonstrated by the author of this book," says Peteris Dzalbe.
Janis Baumanis gives readers, first of all, an opportunity to get acquainted with the general characterization of the interpretation of provisions of the Criminal Law and the general characteristics of a criminal offense. He also analyses the objective and subjective features of the criminal offense; and finally reveals the development of the policy, scientific side and implementation in practice of coercive measures provided by the Criminal Law.
Speaking about the aspects mentioned in the context of the subjective features of a criminal offense, the author refers to the quantum criminological aspects. As the author explains, in the context of criminology, the term "quantum" symbolizes the depth of the subject and the high degree of detail. Using the concept of quantum has allowed him to figuratively describe some of the Criminal Law provisions, which ensures uniqueness of the research.
After defending the doctoral thesis “Noziedzības determinantu izzināšanas problēmas” (Problematics of establishing determinants of crime), Janis Baumanis studied the legal regulation of the Criminal Law and Criminal Procedure Law each time trying to link the subject of studies with criminological findings. The findings of criminology, as a branch of science that investigates the phenomena and processes associated with criminal offences, prevails throughout most of the author's articles published in this book. Such an approach in the field of criminal law has made it possible to look at a criminal offense not as at an isolated substance of the evil, but as an element that exists in a complex system.
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
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