scholarly journals Rethinking the Penalty of Illicit Enrichment Crime in Ethiopia: Lessons from Comparative Analysis

2020 ◽  
Vol 6 (3) ◽  
pp. 213
Author(s):  
Diriba Adugna Tulu
Keyword(s):  
Hong Kong ◽  
Comparative Analysis ◽  
Criminal Law ◽  
Justice System ◽  
Public Confidence ◽  
Legal Regimes ◽  
Severe Punishment

The crime of illicit enrichment has been widely accepted as a useful mechanism for curbing corruption, both international and regional anti-corruption instruments. This article's main objective is to comparatively analyze the rationality and appropriateness of the penalty provided for illicit enrichment crime in the Ethiopian Corruption Crimes Proclamation compared with Hong Kong and Rwanda's legal regimes to draw some best lessons and way forwards for the identified problems. The article found that the Ethiopia Corruption Crimes Proclamation fails to set a minimum penalty limit and entails severe punishment in terms of imprisonment and fine that can convey a meaningful message to potential offenders. Thus, the penalty provided for the crime of illicit enrichment is designed in a manner in which the person who commits such crime has the chance to be less punished. In effect, this provision is inconsistent with the purpose of criminal law and major sentencing principles, but it also degenerates public confidence in the justice system. Therefore, Ethiopia needs to take a lesson from Hong Kong and Rwanda's experiences in incorporating severe and setting minimum limit of penalty for the crime of illicit enrichment that can convey a meaningful message to potential offenders.

Victimhood, Dignity, and the Criminal Justice System: A Comment

2011 ◽  
Vol 44 (1-2) ◽  
pp. 301-313 ◽  
Author(s):  
Leslie Sebba
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
System A ◽  
Meaningful Role ◽  
Alternative Remedies

While this comment primarily addresses the article by Anat Horovitz and Thomas Weigend on human dignity and victims' rights in the German and Israeli criminal process, it begins with a consideration of the role of the victim in other component parts of the criminal justice system, and in particular the substantive criminal law—a topic addressed in other articles included in this issue. There follows a review of the comparative analysis of the victim's role in Germany and Israel put forward by Horovitz and Weigend and a critique of the issues they raise, particularly as to the salience of the victim's procedural role. It is argued here that the victim should have a somewhat more meaningful role than that envisaged by these authors. The comment concludes with a brief consideration of the potential for the advancement of alternative remedies currently neglected by both systems, such as restorative justice.

القاعدة الفقهية لا جريمة ولا عقوبة إلا بالنص من منظور القانون الجنائي الإسلامي والقانون الجنائي الباكستاني

ĪQĀN ◽  
2021 ◽  
Vol 3 (01) ◽  
pp. 47-64
Author(s):  
Dr. Naveed Altaf Khan ◽  
Hafiz Muhammad Zaheer
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Basic Principle ◽  
Legal System ◽  
Justice System ◽  
Islamic Law ◽  
Penal Code ◽  
Contemporary World

This study contains on a legal maxim; crime neither can be proved nor be punished without verse or legal text (statute), as well as it is a comparative analysis in prospective of Islamic criminal law and Pakistani criminal law. In contemporary world it is a basic principle in the criminal justice system that a person can neither be convicted nor be punished without prescribed law. Islamic law has fixed some punishments strictly like ḥudūd, qiṣāṣ and dīyyāt. while some of the punishments like tazīrāt & siyāsah shar’iah come under the jurisdiction of state according to the circumstances, which can be fixed by practicing parliamentary ijtīhād by if and only if the experts islamic legal system. This study will deal with the literal meaning of the legal maxim, & will be explained with the references of Qur’an & Sunnah and its applications from Islamic law (al-fiqh al-islāmī). To make it more clear & evident this maxim will be compared with the constitution & penal code of Pakistan, focusing on the main differences between the concept of crime in both i.e. Islamic criminal law and the Pakistani law.

scholarly journals A COMPARATIVE ANALYSIS OF RETRIBUTIVE JUSTICE AND THE LAW OF QISAS

2017 ◽  
Vol 2 (2) ◽  
pp. 169
Author(s):  
Ridoan Karim ◽  
Shah Newaz ◽  
Ahmed Imran Kabir
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Justice System ◽  
Harmonious Society ◽  
Retributive Justice ◽  
The Core ◽  
Punishment Mechanism ◽  
The Law ◽  
Moral Blame

Discussion on penology generally revolves around the philosophy behind the ‘punishment’ and its ‘implementation’ in order to maintain a crime-free, harmonious society. To understand the philosophy of the major school of thoughts for punishment, this paper discusses the theory of retributivism as a punishment mechanism and relates it to Qisas - the theory of punishment that hinges on Islamic criminal law jurisprudence. The objective of this paper is to compare the retributive concept of punishment with the Islamic theory of Qisas and to unravel how Islam attempts to establish justice through punishment while implementing forgiveness. It is significant to note that we can find a nexus between the retributive and Qisas school of theory that perpetrators should be punished as a consequence of the crime or an act that is against norms of the community. Nonetheless, this paper concludes that Qisas is quite distinct from the concept of retributivism in the case of punishment. Whereas the core of the retributive justice system is to put the moral blame on the offender for the offence and to provide justice through similar punishment; the law of Qisas is more concerned with the fairness and forgivingness.Keywords: Forgiveness, Islamic criminal law, punishment, retributive justice, QisasCite as: Karim, R., Newaz, S., & Kabir, A.I. (2017). A comparative analysis of retributive justice and the law of qisas. Journal of Nusantara Studies, 2(2), 169-177.

Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1737
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Abstract                Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is quite important in realizing society’s  justice. The era of globalization requires a pattern fast-paced, instant, measurable, and transparent of life and it requires investigators to follow the times by optimizing the use of technology. The aim of this study is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However, it considers to have priority of Pancasila values in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation can create product which meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology. Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology   AbstrakSistem Peradilan Pidana Indonesia meliputi institusi kepolisian, kejaksaan, dan pengadilan. Peran penyidik dalam institusi kepolisian tentunya amat vital sebagai garda terdepan dalam membangun kepercayaan masyarakat terhadap penegakan hukum di Indonesia. Peran penyidik amat besar dalam terwujudnya keadilan di masyarakat. Era globalisasi yang menuntut pola kehidupan yang serba cepat, instan, terukur, dan transparan menuntut penyidik untuk mengikuti perkembangan zaman dengan mengoptimalkan pemanfaatan teknologi. Tujuannya adalah untuk memberikan arti bagi penegakan hukum di Indonesia yakni memberikan keadilan, kemanfaatan, dan kepastian. Namun yang harus diperhatikan adalah mengutamakan nilai-nilai Pancasila dalam melakukan proses penyelidikan dan penyidikan. Nilai-nilai ketuhanan yang maha esa (religius), kemanusiaan, persatuan, kerakyatan dan keadilan merupakan nilai-nilai yang membangun keseimbangan (harmoni) dalam menegakkan hukum. Sehingga produk hukum dan pelaksanaannya memenuhi rasa keadilan masyarakat. Tulisan ini akan mengkaji tentang peran penyidik menurut hukum positif yang saat ini berlaku serta peran penyidik dalam mengimplementasikan  nilai-nilai Pancasila dengan diiringi optimalisasi pemanfaatan teknologi.Kata Kunci: Reaktualisasi,Penyidikan,Kepolisian,Nilai-nilai Pancasila,Teknologi

scholarly journals Comparative analysis and phylogenetic investigation of Hong Kong Ilex chloroplast genomes

2021 ◽  
Vol 11 (1) ◽  
Author(s):  
Bobby Lim-Ho Kong ◽  
Hyun-Seung Park ◽  
Tai-Wai David Lau ◽  
Zhixiu Lin ◽  
Tae-Jin Yang ◽  
...  
Keyword(s):  
Hong Kong ◽  
Comparative Analysis ◽  
Phylogenetic Relationships ◽  
Species Level ◽  
The Other ◽  
Trna Genes ◽  
Protein Coding ◽  
Chloroplast Genomes ◽  
Plant Group ◽  
Ilex Rotunda

AbstractIlex is a monogeneric plant group (containing approximately 600 species) in the Aquifoliaceae family and one of the most commonly used medicinal herbs. However, its taxonomy and phylogenetic relationships at the species level are debatable. Herein, we obtained the complete chloroplast genomes of all 19 Ilex types that are native to Hong Kong. The genomes are conserved in structure, gene content and arrangement. The chloroplast genomes range in size from 157,119 bp in Ilex graciliflora to 158,020 bp in Ilex kwangtungensis. All these genomes contain 125 genes, of which 88 are protein-coding and 37 are tRNA genes. Four highly varied sequences (rps16-trnQ, rpl32-trnL, ndhD-psaC and ycf1) were found. The number of repeats in the Ilex genomes is mostly conserved, but the number of repeating motifs varies. The phylogenetic relationship among the 19 Ilex genomes, together with eight other available genomes in other studies, was investigated. Most of the species could be correctly assigned to the section or even series level, consistent with previous taxonomy, except Ilex rotunda var. microcarpa, Ilex asprella var. tapuensis and Ilex chapaensis. These species were reclassified; I. rotunda was placed in the section Micrococca, while the other two were grouped with the section Pseudoaquifolium. These studies provide a better understanding of Ilex phylogeny and refine its classification.

The Anatomy of Justice: Forensic Medicine and Criminal Law In Nineteenth-century Egypt

1999 ◽  
Vol 6 (2) ◽  
pp. 224-271 ◽  
Author(s):  
Khaled Fahmy
Keyword(s):  
Nineteenth Century ◽  
Rule Of Law ◽  
Criminal Law ◽  
Forensic Medicine ◽  
Justice System ◽  
Reform Process ◽  
Archival Material ◽  
Wide Range ◽  
The Common ◽  
Arabic Speaking

AbstractThe reform of the Egyptian criminal justice system in the nineteenth century traditionally has been viewed as forming an important step in the establishment of a liberal and just rule of law. By studying how forensic medicine was introduced into nineteenth-century Egypt, I argue that the need to exercise better control over the population and to monitor crime lay behind the reform process as much as liberal ideas borrowed from Europe did. Drawing on a wide range of archival material, both legal and medical, I analyze the role played by autopsy in the criminal system and argue that the practice of autopsy was viewed differentially by 'ulamā', by Arabic-speaking, French-educated doctors and by the mostly illiterate masses. And contrary to the common wisdom, I conclude that the "modernization" of the Egyptian legal system was intended not to displace the sharīa but to support it.

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