scholarly journals Considerações Sobre a Causalidade e a Imputação Objetiva no Direito Penal Brasileiro

2021 ◽  
Vol 13 (13) ◽  
pp. 163-185
Author(s):  
Roberta Oliveira Dal Sochio ◽  
Paulo Vinicius Sporleder de Souza
Keyword(s):  
Criminal Law ◽  
Penal Code ◽  
Inductive Method ◽  
Bibliographic Search

The article deals with the main theories of causality, as well as the emergence and affirmation of the Objective Imputation Theory proposed by Claus Roxin. In order to answer questions about when an action can be considered a cause of an outcome and when it can be imputed to a person, Criminal Law and other branches of knowledge have formulated several explanatory theories. However, even after elaborating several theoretical conceptions, the conclusion on how to explain the causal and normative nexus of conduct relevant to criminal law has not yet been reached. Given this, the objective is, through a bibliographic search with the inductive method, to analyze which was the theory accepted by the Brazilian Penal Code and to determine if it requires the causal and normative nexus. The result is that the material criminal law incorporated the theory of the condition, in addition to requiring objective imputation to consider a person as the perpetrator of a crime.

scholarly journals La justicia penal militar colombiana y los principios procesales constitucionales de independencia e imparcialidad, después de la separación de la función de jurisdicción con la función de comando

Justicia ◽  
2014 ◽  
Vol 19 (26) ◽  
Author(s):  
Consuelo Amparo Henao Toro ◽  
Ingrid Regina Petro Gonz ◽  
Felipe Andrés Mar
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Third Parties ◽  
Penal Code ◽  
Security Forces ◽  
Origin And Evolution ◽  
The Creation ◽  
The Law ◽  
The Military ◽  
Legal Training

El presente artículo analiza la Justicia Penal Militar colombiana, su origen y evolución desde la vigencia del Decreto 2550 de 1988, según el cual los miembros de la Fuerza Pública podían ejercer simultáneamente las funciones de comando con las funciones de jurisdicción, toda vez que quien juzgaba no se encontraba técnicamente habilitado para desarrollar esa función por carecer de formación jurídica profesional y debía depender de terceras personas para emitir sus fallos, situación que contrariaba los principios de independencia e imparcialidad. Posteriormente, con la creación de la Ley 522 de 1999, actual Código Penal Militar, esas funciones fueron separadas y prohibidas, lo que amerita analizar estos principios a la luz de esta normativa penal militar.   AbstractThis article analyzes the Penal Military Colombian Justice system, its origin and evolution from the enforcement of Decree 2550 of 1988 according to which members of the security forces could exercise the functions of command simultaneously with the functions of jurisdiction, since he was deemed not technically qualified to perform that function due to lack of professional legal training and had to rely on third parties to issue their decisions, a situation that went against the principles of independence and impartiality. Later, with the creation of the Law 522 of 1999 current Military Penal Code, these functions were separated and thus deserving prohibited discuss these principles in light of the military criminal law.

scholarly journals Kazne u Francuskom krivicnom zakoniku od 1810. godine

Forum ◽  
2019 ◽  
Vol 1 (1-2) ◽  
pp. 87-107
Author(s):  
Milica Marinkovic
Keyword(s):  
Detailed Analysis ◽  
Criminal Law ◽  
Original System ◽  
Penal Code ◽  
Penal System ◽  
Practical Application ◽  
Old Regime ◽  
Further Development ◽  
European Criminal Law ◽  
Partial Division

The author in the paper analyzes the penal system of the French Penal Code of 1810 (Code pénal de 1810), bearing in mind the influence this Code and its penal system had on the further development of French and European substantial criminal law. The fact that the Napoleonic Penal Code of 1810, with its later modifications and additions, remained in force for 184 years, speaks in favor of this. In this paper the penal system of the Code of 1810 is exhibited according to the original system of the Code. The tri‐partial division of both criminal acts and penalties was a novelty in the European criminal law. Given the fact that this was a Code promulgated 21 years after the Bourgeois revolution, the author compares the penal system of this Code to the penal system of the first revolutionary Penal code of 1791, but also with penalties that were used in the “Old regime” (Ancien régime). Based on the data published in bills and literature, the author gives a detailed analysis of all penalties contained in the Penal Code of 1810. Thereby, the key criminological problems caused by the practical application of these penalties is pointed out.

scholarly journals The History of the Development of the French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Economic Crime ◽  
Penal Code ◽  
Criminal Prosecution ◽  
History Of ◽  
The Law ◽  
Legal Entities

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.

Die Entwicklung des Strafrechts der Ukraine

2020 ◽  
Vol 66 (3) ◽  
pp. 380-396
Author(s):  
Rainer Birke
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Penal Code ◽  
Science And Society ◽  
The Rule Of Law ◽  
Law System ◽  
The Law ◽  
Simplified Procedure ◽  
Procedural Rights

In 2001, a new penal code was adopted in Ukraine after a comprehensive discussion in politics, legal science and society, replacing a codification of the Soviet era dating back to 1960, obviously unsuitable for the new realities. The new penal code of 2001 has been changed many times since then. This also applies to the criminal law provisions against corruption, evaluated and commended by GRECO. However, there is criticism of the criminal law system in Ukraine. A large number of the issues have little or nothing to do with the text of the penal code itself, but with deficits in the application of the law and the resulting loss of confidence in the activities of the law enforcement authorities. The judiciary is said to have a significant corruption problem and is significantly overloaded. The latter is to be counteracted by the introduction of the class of misdemeanor (“kryminalnyj prostupok”) in 2019 that can be investigated in a simplified procedure, which has been criticized, inter alia, because it bears the risk of the loss of quality and possibly infringes procedural rights. Also in 2019, the work on a once again completely new codification of the penal code was commenced, which is not entirely surprising in view to the existing criticism of manual errors or inadequacies of the recent code. It is to be hoped that Ukraine, with the existing will and the necessary strength, will succeed in the creation of a criminal law system that is fully in compliance with the rule of law and that a penal code will be drafted that finally finds full recognition in the society.

Shariah Punishments in the Islamic Republic of Iran

2019 ◽  
pp. 306-309
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Criminal Law ◽  
Penal Code ◽  
Islamic Republic ◽  
Islamic Revolution ◽  
Islamic Republic Of Iran ◽  
Ayatollah Khomeini ◽  
The Government ◽  
Civil Laws

Iran’s experience of Islamic criminal law is closely connected with Ayatollah Khomeini and the Islamic Revolution of 1979. A new constitution and a set of criminal and civil laws were introduced in the early 1980s and eventually culminated in introduction of the Islamic Penal Code 2013. This chapter provides an overview of that code and its provisions on Islamic punishments, the controversies it has generated, and how the legislative bodies and the government took measures to address them.

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 Necessity Plea in English Criminal Law

1972 ◽  
Vol 30 (1) ◽  
pp. 87-119 ◽  
Author(s):  
P. R. Glazebrook
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Common Law ◽  
Case Law ◽  
Penal Code ◽  
Sharp Contrast ◽  
Striking Feature ◽  
Vast Number ◽  
English Law ◽  
Prevention Of Crime

The sharp contrast between the vast number of detailed statutory provisions defining particular offences and the small handful of widely phrased provisions concerned with the general principles of criminal liability is, perhaps, the most striking feature of English criminal law, and, like the continued co-existence of both common law and statutory offences, one of the unhappy consequences of England's failure to enact a penal code. Among the few statutory provisions laying down general principles of liability or excuse there is none which comprehends a defence of necessity, and so commentators have inevitably looked to the case law for an answer to the question: Is there in English criminal law a defence of necessity? by which they have meant: Is there a defence of necessity in the sense in which there is a defence of, for instance, insanity, or infancy, or duress or prevention of crime? To the question understood in that sense, the answer returned must, it is thought, be a plain No. To ask and to answer the question in that sense may, however, be misleading: it may be more revealing (as this paper suggests) to ask, How does English law handle the plea of necessity when it arises? What, in other words, is the juristic technique employed?

Crimes against Humanity

2018 ◽  
Author(s):  
Beth Van Schaack
Keyword(s):  
United States ◽  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
The United States ◽  
Penal Code ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Geneva Conventions ◽  
Superior Responsibility

This chapter identifies three unfortunate gaps in the United States’ federal penal code: The United States lacks a crimes against humanity statute, the war crimes statute has a limited jurisdictional reach and does not conform to US obligations under the Geneva Conventions, and the code lacks express mention of superior responsibility. These gaps significantly hinder the reach of the United States’ prosecutorial authorities and have led to instances of impunity, and incomplete accountability, where perpetrators within US jurisdiction cannot be prosecuted for their substantive crimes and must be dealt with through immigration and other remedies. The chapter then evaluates various proposed amendments to Title 18, drawing upon previous bills, international criminal law, and other federal statutes. It closes by arguing that discrete statutory amendments would enable the United States to exercise leadership in atrocities prevention and response without increasing the risk that US personnel will be subjected to litigation overseas.

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