Proposal for a General Part of a New Penal Law — Introduction

1996 ◽  
Vol 30 (1-2) ◽  
pp. 36-59 ◽  
Author(s):  
S.Z. Feller ◽  
M. Kremnitzer
Keyword(s):  
Old Age ◽  
Criminal Law ◽  
Common Law ◽  
Criminal Code ◽  
Comprehensive Analysis ◽  
Judicial Decisions ◽  
Penal Law ◽  
General Part ◽  
Scientific Standards

This being a presentation of a legislative enactment, not explanatory notes or a commentary on its provisions and certainly not a theoretical, comprehensive analysis of the topics considered therein, it is bound to be most concise and selective. The reader will thus encounter below a brief reference to the main subjects dealt with by the Proposal, with emphasis on the significance of proposed solutions.The reasons why Israel requires a new penal code, generally, and, for a start, its Preliminary and General Parts, in particular, are inherent both in the process whereby the existing Law has developed, and the quality of that Law.Israeli criminal law suffers from old age. Its direct source is the Criminal Code of Cyprus of 1928; the latter having been copied, with certain changes, from the Queensland Code of 1899, which for the most part reflected the judicial decisions of English common law, some of which were formed many years previously, and are largely outdated. Scientific standards have changed and progressed.

scholarly journals Zwyczajny i nadzwyczajnie złagodzony wymiar kary w świetle kodeksu karnego po nowelizacji z 20 lutego 2015 roku

2017 ◽  
Vol 43 ◽  
pp. 255-264
Author(s):  
Violetta Konarska-Wrzosek
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Legal Order ◽  
High Time ◽  
Entire System ◽  
Judicial Decisions ◽  
Penal Law ◽  
The Difference ◽  
Penal Sanctions

The ordinary and extraordinarily mitigated imposition of penalty under Criminal Code following the revision of 20 February 2015The paper demonstrates the penal law consequences of making changes to the provisions of Art. 58 § 1, repealing Art. 58 § 3 and instead adding Art. 37a and Art. 37b to the Criminal Code of 1997 effected through the revision dated 20 February 2015 Journal of Laws item 396. The author points out that the intention to modify the policy followed by courts in their judicial decisions, most notably to significantly reduce the number of cases with sentences imposing penalty of deprivation of liberty, with a conditional suspension of its enforcement disturbs the logic of the system of sanctions on which the Criminal Code was based along with the entire system of criminal law to which the Criminal Code applies. Furthermore, the difference between the ordinary imposition of penalty and the extraordinarily mitigated imposition of penalty has been blurred, with the latter to be applied only when there are special grounds for such measures, which means only in exceptional situations meriting an extraordinarily mitigated consideration, which is not required when ruling the ordinary imposition of penalty.The paper also disputes the arguments according to which the provision of Art. 37a of the Criminal Code supplements simple sanctions providing only for imposition of deprivation of liberty with non-custodial alternative penalties such as fine or limitation of liberty. Criticism is also expressed with regard to the proposed reduction of the lowest penalty of deprivation of liberty from one month to one week.The paper calls for repealing Art. 37a of the Criminal Code and reviving the imposition of penalty stipulated in the repealed Art. 58 § 3 of the Criminal Code, however without the preference included there concerning the additional imposition of a penal measure. It is also pointed out that it is high time to carry out a thorough revision of the penal sanctions for all kinds of crimes stipulated in the Polish legal order with the author naming a number of specific suggestions in this respect.

Forty Years of Criminal Law: Developments in Case Law Re The Requirement of Fault

1990 ◽  
Vol 24 (3-4) ◽  
pp. 560-579
Author(s):  
Miriam Gur-Arye
Keyword(s):  
Criminal Law ◽  
Case Law ◽  
Criminal Code ◽  
The State ◽  
Penal Law ◽  
General Part ◽  
The Law ◽  
Legislative Changes

In the field of criminal law there is as yet no fully original Israeli code. The Penal Law, 1977, is a new version of the Criminal Code Ordinance, 1936, combined with the various amendments thereto introduced by the Knesset since the establishment of the State. Most legislative changes affect specific offences. The intervention of the Israeli legislator in the general part of the Law, has been most limited. The only context in which the Israeli legislator has laid down his own arrangements is in the application of the criminal law. Under the Criminal Code Ordinance (sections 6-7) its scope was territorial. However, in 1955 the Penal Law Revision (Offences Committed Abroad) Law, 1955 was passed by the Knesset, and this extended the provisions of the Ordinance to certain offences committed outside the territory of the State. In the course of the years, the extra-territorial scope of the criminal law has expanded.

Aspects of Negligence in Israeli Criminal Law

1996 ◽  
Vol 30 (1-2) ◽  
pp. 126-139
Author(s):  
Eliezer Lederman
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Common Law ◽  
Evolutionary Process ◽  
Court Decisions ◽  
Systematic Treatment ◽  
Penal Law ◽  
The Status ◽  
General Part ◽  
Mode Of Development

The Israel Penal Law, 1977, which is deeply rooted in English common law, contained, until recently, very few definitions of basic criminal concepts. Negligence was one of the definitions lacking. The law seldom used this term explicitly when defining specific offenses in the code. The newly enacted General Part of the Criminal Law, as part of its systematic treatment of essential criminal notions, is the first piece of Israeli legislation to cope with this term.The various aspects of negligence have been developed in Israeli criminal law since the early 50's, mainly through Supreme Court decisions, first and foremost with reference to negligent homicide. This mode of development of law has inherent limitations, since its shaping depends on occurrences of events and the consequent raising of relevant questions of law in the courtroom. However, in the Israeli case, this evolutionary process has not hindered the development of the status and importance of the said mode of fault.

Criminal Law and Procedure

Japanese Law ◽  
2021 ◽  
pp. 450-466
Author(s):  
Hiroshi Oda
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Special Part ◽  
General Part ◽  
Basic Concepts ◽  
The Law ◽  
Terrorist Acts

The primary statute of criminal law in Japan is the Criminal Code of 1907. There are various separate laws which provide for specific crimes, generally denoted as ‘special criminal laws’. Some offences were added by way of such special laws in the recent years including the law against terrorist acts of 2019. The The Criminal Code is divided into the General Part and the Special Part. The former lays down the general principles and basic concepts of criminal law such as intention, negligence, attempt, accomplice, etc. The latter lists specific offences. Constitution guarantees the rights of defendants and suspects. Criminal procedure has become much more transparent, and better protection is given to suspects.

scholarly journals Legislative textology as an integral part legislative technique

2021 ◽  
pp. 50-57
Author(s):  
Alexandra Sitnikova
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Scientific Methods ◽  
Textual Interpretation ◽  
Scientific Organizations ◽  
Textual Approach ◽  
Legal Technology ◽  
Linguistic Approach ◽  
Technical Industry

The purpose of the work is to present scientific provisions that provide the theoretical basis of the legislative and textual approach to criminal law prescriptions. Methodology. The dialectical method of cognition in conjunction with instrumental scientific methods is used as a methodological basis for this study. Main results: 1) the technocentric orientation of representatives of various scientific organizations is based on a linguistic approach to law-making. The consequence of this is the identification of language and technical elements of legislative technology; 2) the new legislative-textual approach makes it possible to improve the quality of criminal law by developing optimal models of criminal-legal prescriptions, observing the compositional and graphic design of the normative text, identifying non-standard elements of crimes, as well as by developing rules for constructing notes, providing legislative-textual interpretation of prescriptions, and analyzing changes and additions to the text of the criminal code of the Russian Federation. Conclusion. Legislative textology is a promising direction of research regulatory requirements, builds on the achievements of the legal-technical industry knowledge, respond to unresolved legal technology issues of designing quality of the regulations allows a two-level interpretation of the regulatory text in the course of application of criminal law.

scholarly journals Mediation in Bribery: Gaps in the Legal Interpretation

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Vadim Zamaraev
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Comprehensive Analysis ◽  
Legal Interpretation ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Objective Aspect

The article considers and analyzes some gaps in the legislative interpretation of Article 291.1 of the Criminal Code of the Russian Federation. It examines the objective aspect of the crime, and also presents the problems of prosecuting for mediation in bribery according to the specifics of the qualification of this socially dangerous act. The author substantiates the grounds and limits of criminal liability for mediation in bribery, taking into account the act of committing various forms of this crime. On the basis of a comprehensive analysis of criminal legislation and scientific works of not only Russian scientists, but also foreign experts in the field of criminal law, the main prospects for the development and solution of the above mentioned problematic issues related to gaps in the legislative interpretation of Article 291.1 of the Criminal Code of the Russian Federation are proposed. Special attention is also paid to certain issues of qualification of the investigated act, which directly depend on the amount of the bribe. As a result of the study, it is recommended to introduce some changes and additions to Parts 1 and 5 of Article 291.1 of the Criminal Code of the Russian Federation.

scholarly journals “Inconsequent Carelessness” in Modern Conditions of Criminal Legislative Reform: The Problem and Ways to Solve it

2021 ◽  
Vol 7 ◽  
pp. 3-13
Author(s):  
Serhii Bahirov
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Mental Attitude ◽  
Legislative Reform ◽  
Criminal Offenses ◽  
Special Part ◽  
The Future ◽  
General Part ◽  
Normative Models

The article highlights the problem of inconsistency of legislative provisions on careless forms of guilt,which are contained in the General Part of the Criminal Code of Ukraine, to the constructive peculiarity ofcriminal offenses that are provided by the Special Part of this Code.The author draws attention to the problem which emerged due to the future transfer of a significantnumber of criminal offenses from the Code of Ukraine on Administrative Offenses to the book of criminaloffenses of the new Criminal Code of Ukraine. The vast majority of these offenses are constructed so as tohave a formal composition, to wit the consequences outside it. At the same time, the construction of acareless form of guilt and its varieties, recklessness and negligence, the normative models of which arecontained in the General Part of the draft Criminal Code of Ukraine, provides for a mental attitude to theconsequences.It is substantiated that the developers of the draft of the new Criminal Code of Ukraine will have todecide on one of the two directions of the system: either to completely abandon the criminalization ofinconsequent carelessness, leaving the legislative concept of carelessness covering only criminal offenseswith material composition, or to agree with the idea of presence of the inconsequent carelessness within theinstitute of criminal offense.Future problems with determining the form of guilt of criminal offenses are shown, if among theprovisions of the General Part of the projected Criminal Code of Ukraine there is a provision on the limitedpunishment of a careless behavior.The principle of constructing norms on criminal liability for careless acts is proposed, according towhich resultative careless delicts should be provided in the book of crimes, and careless offenses with aformal composition should be misdemeanors.In order to properly cover the provisions of the General Part of the future Criminal Code of Ukraine onthe carelessness of all constructive types of careless offenses, the author proposes to provide two types ofcareless form of guilt: resultative carelessness and inconsequent carelessness.Theoretical modeling of the relevant criminal law norms has been carried out, which will consolidate theinconsequent carelessness and its varieties.

INSTITUTIONS OF MULTIPLE CRIMES AND ADMINISTRATIVE PREJUDICE IN CONTEMPORARY RUSSIAN CRIMINAL LAW

2021 ◽  
pp. 43-47
Author(s):  
O. Yu. Savelyeva ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
The Other ◽  
Correct Interpretation ◽  
Administrative Legislation ◽  
Special Part ◽  
General Part ◽  
Points Of View

Despite the legislator is step by step expanding the number of bodies of a crime with the sign of administrative prejudice, up to the present, the General part of the RF Criminal Code does not define administrative prejudice. It leads to the fact that the Special part of the RF Criminal Code formulates the administrative prejudice features in the bodies of crimes in different ways. In particular, only some of the bodies of crimes contain the duplicity feature as an administrative prejudice element. Within this investigation, the author considers as well the other criminal law institution – multiple crimes. It is caused by the fact that collaterally with the administrative prejudice, the liability for persons previously convicted for identical and (or) similar actions starts to be introduced. It speaks for both the reappearance of liability for special recidivism and the introduction of the criminal law category not covered by this concept. To identify the problems related to the structure of bodies of crimes with indicated signs and specify the ways for their solution, the author carried out the interdisciplinary comparison of norms of criminal and administrative legislation, analyzed doctrinal points of view, explained the position of the executor of law represented by the supreme judicial authorities, and investigated a draft law on the amendments in the RF Criminal Code. As a result of the study, the author concludes that the Special part of the RF Criminal Code formulates the administrative prejudice signs in the bodies of crimes in different ways. It complicates the correct interpretation of specified criminal law norms. Moreover, the author considers incorrect the structure of part 1 of Art. 284.1 of the RF Criminal Code, which contains both the sign of administrative prejudice and the sign of conviction for identical action. The position of the RF Government expressed in draft law No. 536-8 on the amendments in Art. 116.1 of the RF Criminal Code calls for comments as well.

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