Introduction

2020 ◽  
pp. 3-6
Author(s):  
Giuseppe Pelli
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Cesare Beccaria ◽  
The One ◽  
Grand Duchy

This introductory chapter explores the two large collections of documents acquired from the archives of the Pelli-Fabbroni family in 1968–1969: the draft of an unfinished dissertation Against the Death Penalty and its first edition, produced by Philippe Audegean, with a substantial introduction to the text and its contents, in Italian and in French. It discusses Giuseppe Bencivenni Pelli's (1729–1808) career within the Austrian Habsburg administration in the Grand Duchy of Tuscany, his most prominent post, and the one that gave him the greatest satisfaction: the director of the Uffizi Gallery. This chapter discusses Pelli's first systematic attack on the death penalty in history. It also highlights the enormous diary that he compiled, Efemeridi, over almost half a century, from 1759. The chapter then takes a look at another member of the minor nobility, but of Milan, who worked for the Austrian administration in Lombardy, Cesare Beccaria Bonesana (1738–94). It investigates Bonesana's publication of On Crimes and Punishments in July 1764. Before the discovery of Pelli's work, it was assumed that Beccaria's work contained the first serious attack on the death penalty. Pelli targeted the death penalty exclusively, whereas Beccaria's work was an attack on the whole system of criminal law operating in his time.

scholarly journals Transfer of cases from the International Criminal Tribunal for Rwanda to Domestic Jurisdictions

2012 ◽  
Vol 5 (2) ◽  
pp. 147-180
Author(s):  
Alex Obote-Odora
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
International Standards ◽  
International Criminal Law ◽  
Positive Development ◽  
High Standards ◽  
The One ◽  
Hand Opening

Abstract The article examines Rule 11bis on the transfer of cases from the Rwanda Tribunal to domestic jurisdictions. It discusses the criteria for transfer under Rule 11bis and reflects on reasons for the denial of all the Prosecutor’s requests for transfer except in the recent Uwinkindi’s Appeals Chamber decision. The article also examines how the Appeals Chamber resolved the ambiguity between the Death Penalty Law vis-à-vis Imprisonment in Isolation in Munyakazi, on the one hand, and ambiquity in Article 59 of the Rwanda Code of Criminal Procedure (“RCCP”) vis-à-vis Articles 13(10) and 25 of the Transfer Law, on the other hand, opening the way for the transfer of Uwinkindi to Rwanda. The article recognizes the high standards the Appeals Chamber has established for the transfer of cases to domestic jurisdictions and notes that only few States satisfactorily meet these requirements. In sum, the article welcomes the Uwinkindi decision and recognises a positive development in international criminal law and procedure. However, it also cautions that in practice the precedent may not necessarily translate into a flood of cases being transferred to Rwanda because many States will not be able to meet the Rule 11bis high international standards.

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.

scholarly journals A retrospective analysis of the humanization of criminal procedure and practice of the death penalty in the context of the teachings of Cesare Beccaria

2020 ◽  
pp. 166-170
Author(s):  
Konstantin Vasilkov ◽  
Victor Udovichenko
Keyword(s):  
Criminal Justice ◽  
Retrospective Analysis ◽  
Death Penalty ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Cesare Beccaria ◽  
Severe Punishment ◽  
Criminal Legislation

The authors analyze two fundamental directions of the teaching of the great italian lawyer C. Beccaria in the context of humanizing the process of proving the guilt of a criminal in relation to the use of unacceptable methods of criminal justice. At the same time, an assessment of the practice and necessity of applying the death penalty as the most severe punishment is given in a similar way. It is concluded that these areas of teaching of C. Beccaria formed the foundation of the classical school of criminal law and are represented in modern criminal legislation.

Feminism and Its Discontents: Punishing Sexual Violence in India

2021 ◽  
Vol 28 (1) ◽  
pp. 7-28
Author(s):  
Preeti Pratishruti Dash
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Unintended Consequences ◽  
New Delhi ◽  
Sexual Offences ◽  
Sexual Crimes ◽  
Gang Rape ◽  
Legislative Reforms ◽  
The One ◽  
A Site

Following the infamous gang rape of a young woman in New Delhi in 2012, India introduced a host of legislative reforms, including harsh punishments for sexual offences. Indian feminist groups, though invested in some of these reforms, have been critical of the carceral approach, but other than denouncing the death penalty, they have largely abstained from conversations around appropriate punishments for sexual crimes. Mapping the responses of feminist groups to the J. S. Verma Committee, this article underscores inconsistencies between the positions on defining sexual offences on the one hand and suggesting appropriate punishments on the other. It argues that the absence of engagement around complex issues of criminal law and sentencing not only left feminists divided on the outcome in Mahmood Farooqui’s case but also revealed unintended consequences of the newly introduced law on rape. The article concludes by questioning the use of criminal law as a site for feminist reform.

ANALISIS HUKUM PIDANA DENDA PELANGGARAN LALU LINTAS DI KOTA BENGKULU (DITINJAU DARI UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN)

2019 ◽  
Vol 2 (1) ◽  
pp. 24-33
Author(s):  
Apen Diansyah
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Economic Factors ◽  
Inhibiting Factors ◽  
Library Research ◽  
The Law ◽  
The City

ABSTRAKPenelitian ini ditujukan untuk mengetahui penerapan denda terhadap pelanggar berlalu lintas di kota Bengkulu ditinjau dari Undang-undang Nomor 22 Tahun 2009, serta untuk mengetahui faktor penghambat dalam penerapan pidana denda terhadap pelanggar barlalu lintas di Kota Bengkulu. Penelitian dilaksanakan disatuan lalu lintas Polres dan Polda Kota Bengkulu. Adapun data yang didapatkan adalah data primer dan data sekunder melalui penelitian lapangan dan penelitian kepustakaan, kemudian data dianalisis dengan cara deskriptif. Peraturan yang tertera pada undang-undang yang tertera sepenuhnya untuk meningkatkan kesadaran untuk setiap pelanggar yang melakukan pelanggaran, tetapi pada kota Bengkulu undang-undang tersebut tidak sepenuhnya berjalan efektif. Menurut pandangan Undang-undang 22 Tahun 2009, penerapan pidana denda masuk dalam kategori pidana pokok (sesuai Pasal 10 KUHP) sebagai urutan terakhir atau keempat, sesudah pidana mati, pidana penjara dan pidana kurungan. Selain dari itu, faktor penghambat keefektifan Undang-undang seperti faktor ekonomi, faktor kedekatan emosional dan faktor kekebalan institusional.Kata kunci: tindak pidana; hukum pidana; dendaABSTRACTThis study aims to determine the application of violators from cities in Bengkulu in terms of Law Number 22 of 2009, and to find out the inhibiting factors in the application of fines to traffic violators in the city of Bengkulu. The research was carried out in the traffic city of the City Police of the City of Bengkulu. The data obtained are primary data and secondary data used for library research and research, then the data are analyzed descriptively. The regulations stated in the law that are fully stated to increase awareness for every offender who commits an offense, but in the city of Bengkulu the law is not fully effective. According to the view of Law 22 of 2009, the application of criminal fines falls into the main criminal category (according to Article 10 of the Criminal Code) as the last or fourth order, after the death penalty, imprisonment and imprisonment. Apart from that, factors inhibiting the effectiveness of the law such as economic factors, emotional proximity factors and institutional immune factors.Keywords: crime; criminal law; fines

What Kind of Ireland?

2021 ◽  
pp. xviii-20
Author(s):  
Niamh Hardiman ◽  
David M. Farrell ◽  
Eoin Carolan ◽  
John Coakley ◽  
Aidan Regan ◽  
...  
Keyword(s):  
Political Institutions ◽  
Public Discourse ◽  
The European Union ◽  
Eu Member States ◽  
The United Kingdom ◽  
Original Contribution ◽  
Electoral Mobilization ◽  
The One ◽  
The Eu

Modern Ireland is a relatively wealthy and politically stable democracy, but it bears the deep marks of its route to this point. This introductory chapter draws together some key themes that run through this volume and profiles the core contributions of each of its chapters. The overall story is one of contradictory influences. The political institutions of the state, notwithstanding much innovation over time, retain a bias toward a remarkably strong executive. The long-standing weaknesses of social democratic electoral mobilization both reflect and reinforce a conservative and market-oriented tilt in policy priorities. The ideas that animate public discourse show a creative but sometimes problematic tension between republican and communitarian ideals on the one hand, and liberal ideas and values on the other. Ireland has assumed a confident role on the world stage and especially within the European Union (EU), but relations with its nearest neighbour, the United Kingdom, can often be problematic, not least because of the complexity of the politics of Northern Ireland. And while on many measures Ireland is among the wealthiest of the EU member states, this is not the lived reality for a great many of its citizens, and the nuances of why this is so need to be carefully assessed. Overall, this introductory chapter offers an overview of the whole Handbook while also making an original contribution in its own right.

The main types of penalties related to deprivation of liberty and their content under the Qatari Criminal Code (comparative legal analysis with certain norms of Russian legislation)

2020 ◽  
pp. 100-104
Author(s):  
Андрей Петрович Скиба ◽  
Андрей Владимирович Ковш ◽  
Александра Николаевна Мяханова
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Analysis ◽  
Life Imprisonment

В статье проводится сравнительно-правовой анализ ряда норм катарского уголовного законодательства, а также российского уголовного и уголовно-исполнительного законодательства. Рассматриваются виды наказаний, связанных с лишением свободы, и их содержание по Уголовному кодексу Катара. Дополнительно обращается внимание на систему и содержание отдельных наказаний (в виде смертной казни, пожизненного лишения свободы и лишения свободы на определенный срок). Формулируется авторская редакция статей 57-62 Уголовного кодекса Катара, касающихся системы основных видов наказаний и их содержания. The article provides a comparative legal analysis of a number of norms of Qatari criminal law, as well as Russian criminal and penal enforcement legislation. The types of punishments related to deprivation of liberty and their content under the Qatari Criminal code are considered. In addition, attention is drawn to the system of punishments, the content of individual punishments (in the form of the death penalty, life imprisonment and imprisonment for a certain period). The author's version of articles 57-62 of the Criminal Code of Qatar concerning the system of main types of punishments and their content is formulated.

scholarly journals The Prosecution in Trial In Absentia Of Money Laundering Case Resulted from Conventional Case

2019 ◽  
Vol 06 (02) ◽  
pp. 297-319
Author(s):  
Rudi Sudirdja
Keyword(s):  
Money Laundering ◽  
Criminal Law ◽  
Due Process ◽  
Analytical Description ◽  
Public Prosecutor ◽  
The Public ◽  
Single Form ◽  
Due Process Of Law ◽  
The One ◽  
Principle Of Legality

In Indonesia, the provision of in absentia in the Money Laundering Crime Law raises problems if the crime act is originally conventional crime act. Conventional crime act should be handled based on the provisions of the Indonesian Criminal Law Procedures Code. On the one hand, the Money Laundering Crime Law regulates the provisions of the court in absentia and, on the other hand, the Indonesian Criminal Law Procedures Code does not recognize trial in absentia. This study covers the issue. To be precise, it reveals the possibility of a conventional crime act that is charged with the Money Laundering Crime Law to be tried in absentia based on the principle of formal legality. In addition, it discusses the strategy of prosecution of money laundering crime act in trial in absentia for cases that are originally conventional crime act based on the principle of due process of law. This study used analytical description research specifications and the normative juridical method. The data was collected through a document study. In accordance with the approaches, the data were analyzed in qualitative-juridical manners. This study concludes several points. The first, based on the principle of legality of formal law, the implementation of trial in absentia against general criminal acts cannot be carried out. The second, based on the principle of due process of law, the prosecution strategy in trial in absentia fur such cases are that (1) the prosecution of money laundering crime and original crime must be done separately; (2) the public prosecutor must delay the transfer of original criminal acts to the court until the accused is found and presented; (3) the indictment must be prepared in a single form; (4) the indictment must draw legal facts about the original crime; and (5) the public prosecutor can prove the legal facts about the original crime in the element of ‘assets resulting from the crime’ in the money laundering offense.

scholarly journals Criminalisation of Beggars: the Causes and Consequences of the Phenomenon

2019 ◽  
pp. 132-141
Author(s):  
Witold Klaus
Keyword(s):  
Personal Identity ◽  
Criminal Law ◽  
Homeless People ◽  
Informal Social Control ◽  
The Everyday ◽  
Polish Society ◽  
Permanent Home ◽  
The One ◽  
Governmental Control ◽  
Ways Of Life

All authorities desire to control various aspects of their subjects’ lives. Those in power claim to do it in the name of protecting the peace and safety of all citizens. For one of groups perceived to be the most dangerous is the one whose members evade formal or informal social control – they do not work, do not have a family or are estranged from them, they have no permanent home. Therefore, to make sure that no one is out of the reach of governmental control, criminal law is utilised against them and whole ways of life, and the everyday behaviours of vagrants and homeless people began to be criminalised. And this process is still ongoing. The law thus punishes a person for their personal identity, and not for specific improper or harmful behaviour undertaken by them. In this paper I would like to analyse the problem of criminalisation of beggars throughout Polish history, and present how it impacted (and still impacts) upon the lives of the poorest and the most excluded parts of Polish society.

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