scholarly journals HUKUMAN MATI PASCA PUTUSAN MAHKAMAH KONSTITUSI

2009 ◽  
Vol 39 (2) ◽  
pp. 255
Author(s):  
Todung Mulya Lubis
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
European Countries ◽  
European Convention ◽  
Fundamental Freedoms ◽  
Criminal Actor ◽  
Criminal Conduct

AbstrakThe criminal conduct is not only focused on the criminal law but also insociology aspect can be observed as economic, politic and psychologyaspects. Under those reflections then the author reasons that dead sentenceapplication to the criminal actor therefore resulted injustice that alsoforcible. Like murder that has ojien occurred by poverty or neurosis. Underthe author thoughts on punishment concept that has been created iscorrection that contained education and re-socialization aspects. Those allare shown that dead sentence aims to result deterrent not be allained. In theinternational fora under United Nations Organization program at 1971 and1977 has been intentioned to abolish dead punishment had got positiveresponds. More regards are come from European countries who graduallyadopted in to their "European Convention for the Protection of HumanRights and Fundamental Freedoms ". Under the convention dead punishmentabolishment initially is applied on dead sentence in peace time

scholarly journals DOŽIVOTNI ZATVOR I USLOVNI OTPUST U KRIVIČNOM PRAVU SRBIJE: NEKA PITANJA I DILEME

2021 ◽  
Vol 59 (1) ◽  
pp. 69-92
Author(s):  
Emir Ćorović
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Code ◽  
Academic Community ◽  
European Convention ◽  
Life Imprisonment ◽  
Sexual Freedom ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Criminal Legislation

Life imprisonment was introduced to Serbian Criminal legislation with the amendments of Criminal Code from 2019. These amendments replaced the former penalty of imprisonment from 30 to 40 years. Special attention was drawn by the fact that the new legislation allows the possibility of life imprisonment without the possibility of parole for committing certain crimes. This legal solution is considered not to be in accordance with the Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Still, the prohibition of parole was introduced to Serbian criminal law in 2013, with the adoption of the Law on the special measures for the prevention of crimes against sexual freedom towards minors. However, at that time the academic community did not give the attention it deserved to the justification of this prohibition, which by itself generates many concerns. That is why, when discussing the problematics of life imprisonment and parole, and its prohibition, one has to bear in mind the previously structured legal frame, as well as the concerns that such a prohibition creates, regardless of whether it not it relates to life imprisonment or timely limited imprisonment.

scholarly journals Criminalising Defamation of Religion and Belief

2014 ◽  
Vol 22 (4) ◽  
pp. 351-375
Author(s):  
Marloes van Noorloos
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Criminal Law ◽  
Freedom Of Expression ◽  
European Convention ◽  
Political Rights ◽  
Civil And Political Rights ◽  
Theoretical Considerations ◽  
Defamation Law

This article deals with the role of criminal law in dealing with defamatory expressions about religion or belief. Defamation of religion and belief is a form of indirect defamation ‘via identification’ which, as the discussion about the Dutch group defamation law shows, stretches up the notion of ‘group defamation’ — a crime which requires that (groups of) persons are insulted because they belong to a religious group. This contribution investigates whether European states can legitimately criminalise (certain forms of) defamation of religion and belief, in light of the European Convention on Human Rights, the United Nations framework (particularly the International Covenant on Civil and Political Rights) and legal theoretical considerations. The article shows how problematic it is for the criminal law — in light of the rights to freedom of expression and freedom of religion, as well as the ultima ratio principle — to combat such speech.

The Right to a Public Trial under Maltese Criminal Law

2014 ◽  
Vol 1 (2) ◽  
pp. 130-147
Author(s):  
Kevin Aquilina
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Case Law ◽  
The Other ◽  
European Convention ◽  
Public Hearing ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right

This paper attempts to answer whether section 24(2) of the Maltese Official Secrets Act conforms, or is in conflict, with the right to a public hearing under section 39(3) of the Constitution of Malta and Article 10(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. It reviews case law of the European Court of Human Rights on the right to a public hearing and concludes that Strasbourg case law has developed to allow restrictions upon this right even if they are not written down in this Convention. On the other hand, from a comparative exercise carried out with seven similar laws to the Maltese Official Secrets Act, it transpires that the Maltese provision is unique, does not find any counterpart in these seven laws surveyed and, worse still, appears to conflict with Article 6, paragraph 1, of the European Convention.

Israel and the European Extradition System

1970 ◽  
Vol 5 (1) ◽  
pp. 75-91 ◽  
Author(s):  
Theodor Meron
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
International Agreements ◽  
European Countries ◽  
European Convention ◽  
Complex Problems ◽  
Administration Of Justice ◽  
Domestic Legislation

I shall try in the following pages to explain Israel's policy on extradition, outline briefly Israel's Extradition Law, 1954, and survey Israel's extradition links with European countries. I shall then deal with Israel's experience with the application of the European Convention on Extradition of 13 December 1957, and shall consider possible modifications to the Convention. This task has been made easier by the three reports which have been presented by Professor Schultz, Mr. Duk and Mr. Karle.The extradition of criminals presents for every country delicate and complex problems, for this branch of law, regulated by both international agreements and domestic legislation, is intimately related to each State's concepts of administration of justice and criminal law, as well as to its approach to human rights in general, and asylum in particular.

Towards a European criminal jurisprudence? The justification of criminal law by the Strasbourg court

Legal Studies ◽  
1991 ◽  
Vol 11 (3) ◽  
pp. 239-280 ◽  
Author(s):  
Joxerramon Bengoetxea ◽  
Heike Jung
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Judicial Review ◽  
Internal State ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Fundamental Freedoms ◽  
Criminal Jurisprudence ◽  
Protection Of Human Rights

The European Convention for the Protection of Human Rights and Fundamental Freedoms (hereafter the Convention) has been in operation for almost 40 years, the Commission and the court for more than 30 years. In the meantime, recourse to Strasbourg has become a built-in mechanism of judicial review in the Member States. In particular, art 25 of the Convention which entitles individuals to plead a violation of the Convention has turned into a corner-stone of a working system of human rights protection, since the court's first decision in 1960. Even though the court's output cannot compare to internal state jurisdictions, applications to Strasbourg have risen dramatically over the years.

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