scholarly journals Crimes Against Human Life in Turkish Penal Code

2021 ◽  
pp. 93-116
Author(s):  
Yener Ünver
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Legal System ◽  
Human Life ◽  
Penal Code ◽  
Newborn Baby ◽  
Private Law ◽  
Life Threatening ◽  
Honor Killing

Human life is one of the most important values protected by law. Crimes and punishments are legitimate and essential tools necessary to protect such values. Although most crimes concerned with the protection of human life are organized in the Turkish Penal Code, other regulations serving the same purpose do exist as well in other codes. It is not open to discussion that intentional crimes require heavier penalty than negligent ones and damage-causing crimes than life-threatening ones. According to the Turkish Penal Code, life exists when a person is born healthy and alive and perishes with that person’s death. Although birth and death have their own proof procedures and means in separate private law rules, no such rules are in fact regulated in Criminal Law. In Turkish Law the embryo and fetus are not considered as a human entity. The crime of killing a newborn baby within the frame of honor killing does not exist in Turkish law. Furthermore, killing people in the name of customs or vendetta is a crime frequently encountered in Turkey. Turkish legislation punishes all kinds of aid to suicide as well. Finally, death penalty does not exist in the Turkish legal system.

scholarly journals Contentious Issues Related to the Perpetrator of Bodily Harm or a Disturbance of Health in a Conceived Child

2019 ◽  
Vol 28 (4 ENGLISH ONLINE VERSION) ◽  
pp. 21-37
Author(s):  
Marzena Czochra
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Legal Framework ◽  
Penal Code ◽  
Health It ◽  
Bodily Harm ◽  
Bodily Injury ◽  
Life Threatening ◽  
Unintentional Acts ◽  
State Of Affairs

The Polish legislator has regulated the personal side of the offence of bodily injury in a child conceived in a manner different from the regulations adopted for crimes related to causing injury to the health of a born person. In the current legal framework, inadvertent harm to a conceived child or life threatening health disorder is not criminalised. Such a state of affairs leads to the issue of a possible amendment of Article 157a of the Penal Code regarding the punishability of unintentional acts. It seems (taking into account the birth criterion) that the legislator differentiates the protection of legal goods in the form of human life and health. It is indisputable that criminal law is an ultima ratio, applied when other legal means are not adequate to the rank of the protected good. However, despite the fact that there are civil regulations on this subject, it seems that they are not a sufficient means of protecting the legal goods in question. For this reason, this discourse proposes several solutions with regard to the subjective part of the offence of Article157a PC.

Tanzanian Criminal Law

2020 ◽  
pp. 112-116
Author(s):  
Peter H. Reid
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Common Law ◽  
Penal Code ◽  
Customary Law ◽  
Evidence Code ◽  
British Colony ◽  
British Colonial ◽  
Civil Codes ◽  
Procedure Codes

“If a Person is convicted of murder, the death penalty is obligatory.” Although Tanzanian criminal law is derived from the British colonial legal system, by the time of trial changes had been made. The Indian Codes—that is, Penal Code, Evidence Code, and certain civil codes—had been developed starting in the mid-1820s by legal scholars in England. These scholar took the unwritten common law of England and produced coherent, consistent codes to be used in the British colony of India. The Indian Codes were adopted in East Africa, including Tanganyika, in the early 1920s. This chapter describes the criminal law applicable to the Bill Kinsey case, including the interplay of customary law with the colonial-based evidence, criminal, and criminal procedure codes.

The Local Government Body Member and the Local Government Employee as a Passive Bribery Offender under Polish Criminal Law

2020 ◽  
Vol 18 (2) ◽  
pp. 433-448
Author(s):  
Marek Kulik
Keyword(s):  
Local Government ◽  
Criminal Law ◽  
Legal System ◽  
Penal Code ◽  
Government Employee ◽  
The Public ◽  
System A ◽  
The Status ◽  
Government Body

The study addresses the status of a local government body member and a local government employee as a person holding a public function in the meaning of Polish criminal law. In the Polish legal system, a person who holds a public function may be held criminally liable for passive bribery (bribe accepting) defined in Article 229 of the Polish Penal Code.  Pursuant to Article 115 § 19 PC, a public officer and persons belonging to several other categories are persons holding a public function, while  Article 115 § 13 PC defines the public officer by detailed enumeration of specific persons. The study provides an analysis of these concepts in view of the provisions governing the status of local government officers and persons employed with local government organisational units.

scholarly journals PARADIGM OF DEATH PENALTY (COMPARATIVE STUDY IN INDONESIA, SAUDI ARABIA AND CHINA)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Tedy Nopriandi ◽  
Risky Fany Ardhiansyah
Keyword(s):  
Saudi Arabia ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Islamic Law ◽  
Human Life ◽  
Criminal Code ◽  
Comparative Approach ◽  
Law System ◽  
The Right

The death penalty is one of old criminal type as the age of human life, and the most controversial crime in of all criminal systems, both in countries that adhere to the Common Law System and in countries that embrace Civil Law, Islamic Law and Socialist Law. There are two main thoughts about the death penalty, namely: first, those who want to keep it based on the force provisions, and second are those who wish to the abolition as a whole. Indonesia includes a country that still maintains capital punishment in a positive legal system. This paper aims to resolve problems of the death penalty concept concerning the controversy purpose of the death penalty and to analyze the regulations, procedures and philosophies regarding the death penalty in Indonesia, Saudi Arabia and China. This paper uses normative juridical research and the methods based on the doctrine and developed by the author. The approach used the legal approach, historical approach and comparative approach, then analyzed by the customary method.The result of the study shows that the death penalty can be seen from the philosophical aspects of Indonesian criminal law, as well as the philosophical aspects of Islamic and Chinese criminal law. So that everything can not be separated from the essential legal objectives, namely for the creation of justice. Death penalty in Islamic law turns out the concept of restorative justice specifically for the crime of deliberate killing (al-qatl al-'amd), which the execution highly depends on the victim’s family. The victim’s family, in this case, has the right to choose whether qisas (death penalty) or their apologize for the murder suspect, and diyat payment. While China in the implementation of death penalty applies the concept of rehabilitation, which in the execution of the death penalty is called a death penalty delay for two years and in its implementation, the defendant is given a job and control them. Whereas in Indonesia, capital punishment is a specific criminal offence and threatened with alternatives and is still a draft Criminal Code.

Sources of the Criminal Law of Botswana

1974 ◽  
Vol 18 (1) ◽  
pp. 24-36 ◽  
Author(s):  
I. G. Brewer
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Penal Code ◽  
Broad Context ◽  
Customary Law ◽  
Present Position ◽  
Unique Position ◽  
Separate System ◽  
Tribal Areas ◽  
Formal Establishment

The purpose of this article is to examine the sources of the general criminal law of Botswana.2 Prior to the creation of a Protectorate there existed in the country several indigenous systems of law operative within tribal areas which later collectively became known as the customary law. Included in this customary law was an ill-defined body of criminal law which can be termed the customary criminal law. We are not, however, examining the sources of this customary criminal law but rather of the criminal law which was originally introduced by statute on the establishment of the Protectorate and which was administered in a separate system of courts. Botswana is in an almost unique position in this respect3 because after the formal establishment of the Protectorate it received what may be broadly, but inaccurately, called the Roman-Dutch criminal law. Subsequently this was abolished and in its place a Penal Code was introduced which was based mainly on English law. The customary criminal law will be considered in this article but only in the broad context of its present position in the legal system and the effect of the general criminal law on its application.

Texts

2020 ◽  
pp. 105-121
Author(s):  
Giuseppe Pelli
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Penal Code ◽  
Cesare Beccaria ◽  
The Law

This chapter presents select excerpts from Cesare Beccaria Bonesana's On Crimes and Punishments. It examines whether the death penalty really is useful and just in a government that is well administered. The chapter argues that the death penalty is for most people a spectacle, and for some an object of compassion blended with disdain. These are the two sentiments that take hold of the minds of spectators, rather than the salutary terror that the law claims to inspire. The chapter then takes a look at Beccaria, Gallarati Scotti and Risi's opinion Against the Death Penalty. It discusses the drafting of the new penal code — The Criminal Law Committee. Ultimately, it infers that the death penalty is inappropriate because it is irreversible; we bear in mind the inevitable imperfection of human judgements. Even if the death were a just penalty, even if it were the most efficacious of all punishments, in order for it to be justly applied to a particular criminal, it would be necessary that he be proven to be guilty in such a way that the possibility of the contrary is excluded.

Shariah Punishments in Republic of Sudan

2019 ◽  
pp. 315-320
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
The State ◽  
Penal Code ◽  
Colonial Rule ◽  
Principal Source ◽  
British Colonial

Although the Muslim influence on Sudanese law remained important, British colonial rule left the country with a mixed legal system. The primary legal influence remained British, yet the constitution of Sudan 1973 proclaimed shariah as the principal source of legislation. The 1998 constitution only adopted Islam as the state religion, which was followed by Nimeiri’s Penal Code 1983 episode. Al-Bashīr announced new amendments to Islamic criminal law, yet court sentences imposing shariah punishments often remained unenforced.

scholarly journals KONSEPSI DAN APLIKASI PIDANA MATI DALAM PERADILAN DI INDONESIA

2017 ◽  
Vol 5 (4) ◽  
pp. 711
Author(s):  
I Made Pasek Budiawan
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Human Life ◽  
Criminal Code ◽  
Psychotropic Substances ◽  
Justice Process ◽  
Criminal Justice Process

Imposition of the death penalty by the judge in the criminal justice process Indonesia still remains a debate among groups that agread with the group that oppose it. But in some laws for special crimes such as terrorism, corruption, narcotics, psychotropic substances, and a human rights capital punishment is still regulated, as well as of the criminal code and the concept of the criminal code by 2015 capital punishment is still based. The  existence of the group that did not agree with the conception and application of this dying, argued that human life bussiness, my God, not the man to lift the perspective of the scientific criminal law that a death penalty still exists in all criminal acts by perpetrators of crimes with widespread impact as well as detrimental to the wider community the research for criminal santions was important to examine the existence of the norms of law as a basic for corrector by maximum capital punishment in Indonesia. Penjatuhan pidana mati oleh hakim dalam proses peradilan pidana Indonesia masih tetap menjadi perdebatan antara kelompok yang setuju dengan kelompok yang menentangnya. Namun dalam beberapa undang-undang tindak pidana khusus seperti terorisme, korupsi, narkotika, psikotropika dan peradilan hak asasi manusia pidana mati masih diatur, begitu juga KUHP dan konsep KUHP tahun 2015 pidana mati masih tetap dicanangkan. Adanya kelompok yang tidak setuju dengan konsepsi dan aplikasi pidana  mati ini berdalih bahwa nyawa manusia menjadi urusan Tuhan, bukan menjadi kewenangan manusia untuk mencabutnya. Perspektif keilmuan hukum pidana bahwa pidana mati masih eksis untuk diberlakukan sepanjang tindak pidana yang dilakukan pelaku menyangkut kejahatan luar biasa dengan dampak luas serta merugikan masyarakat luas. Penelitian terhadap sanksi pidana mati penting dilakukan guna meneliti keberadaan norma hukum sebagai dasar pembenar dijatuhkannya pidana mati ini di Indonesia.

scholarly journals Challenges of criminalization protest and corruption by looking at international documents

2019 ◽  
Vol 4 (22) ◽  
pp. 140-148
Author(s):  
Mina Torabi ◽  
Mohammad Javad Jafari ◽  
Masood Ghasemi
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Legal System ◽  
Penal Code ◽  
Universal Declaration ◽  
The Political ◽  
Right To Life ◽  
Critical Step ◽  
The Right

With the passage of the Islamic Penal Code of 1992, the legislator took a critical step contrary to the provisions of international documents such as the Political and Civil Covenant and the Universal Declaration of Human rights and other documents criminalize behaviors that are critical of human rights, both in terms of punishment and in non-compliance with the principles and principles of criminality. As provided in Article 286 for severe on-the-ground corruption with a view to development in various fields, the death penalty has been specified. The perpetrators of these crimes and deviations from the substantive principles of security crimes, such as riots and corruption on earth, present challenges that will be addressed in this article, first explaining the importance of the right to life and the death penalty in international documents and the Iranian legal system.

Criminal law assessment of spanking

2021 ◽  
Vol 2(24) ◽  
pp. 239-253
Author(s):  
Michał Grudecki
Keyword(s):  
Corporal Punishment ◽  
Criminal Law ◽  
Legal System ◽  
Criminal Liability ◽  
Point Of View ◽  
Penal Code ◽  
Educational Method

The article is devoted to the issue of the criminal law assessment of spanking. Spank, despite the prohibition of corporal punishment introduced into the Polish legal system over 10 years ago, is still an acceptable behavior among part of the socjety. Taking into account the positions of opponents and supporters of this educational method, as well as the norms of criminal law, it is necessary to answer the question whether the guardians who apply it will bear unconditional criminal liability. Giving this answer requires an analysis of the spanking behavior from the perspective of the crime model. The behavior of the spanker fulfills the features of the prohibited act under Article 217 of the Penal Code, but in some cases it may not be shameful (Article 1 § 2 of the Penal Code) or the perpetrator cannot be blamed (art. 1 § 3 of the Penal Code). The author also assesses spanking from the point of view of non statuory justification punishing minors and takes a stance on the admissibility of using non-statutory justifications.

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