scholarly journals The Concept of Child and its Legal Synonyms In Polish Criminal Law

2021 ◽  
Vol 21 (1) ◽  
pp. 211-226
Author(s):  
Olga Sitarz ◽  
Anna Jaworska-Wieloch
Keyword(s):  
Criminal Law ◽  
The Creation

Summary Criminal law, which uses the strictest measures at the disposal of the legislator, requires particular caution in the interpretation of the concepts appearing in the repressive law. The concept of a child in criminal law cause many problems of interpretation, as it appears in many legal acts in a different sense. The publication is devoted to presenting the concept of a child in various legal acts and reflecting on the different meanings of the descriptions of the child made by the legislator and the legitimacy of the differentiations made by him. The question arises as to whether the creation of many different concepts describing a child is justified.

Recharacterisation of Crimes and the Principle of Fair Labelling in International Criminal Law

2018 ◽  
Vol 18 (5) ◽  
pp. 788-821
Author(s):  
Talita de Souza Dias
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Fair Trial ◽  
Comprehensive Analysis ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Legal Scholarship ◽  
International Crimes ◽  
The Creation ◽  
Central Claim

The principle of fair labelling has informed the creation of international crimes and other concepts of international criminal law since the modern inception of this discipline. In particular, it was the symbolic and condemnatory import of international labels such as genocide and crimes against humanity that partly motivated their introduction as offences separate from domestic ordinary crimes. Paradoxically, fair labelling has received marginal attention in legal scholarship and practice. Moreover, frequent instances of relabelling known as ‘recharacterisation of crimes’ may not be entirely consistent with that principle, inviting further analysis thereof. In this context, the purpose of this article is to provide a more systematic and comprehensive analysis of the principle of fair labelling in international criminal law, particularly in light of the phenomenon of recharacterisation of crimes. Its central claim is that fair labelling is as a fair trial right which precludes recourse to recharacterisation in certain circumstances.

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 Criminal procedure mechanism of pre-trial settlement of simple criminal and legal disputes: current state and direction of improvement

2019 ◽  
pp. 207-210
Author(s):  
Владимир Шерстнев ◽  
Vladimir Sherstnev
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Criminal Procedure ◽  
Administrative Law ◽  
Trial Procedure ◽  
Enforcement Mechanism ◽  
Current State ◽  
The Creation

One of the directions for improving the enforcement mechanism (criminal law norms) is the creation of a simplified pre-trial procedure for resolving simple criminal- legal disputes. The author makes several suggestions for creating such a procedure. This implies increased competition in the legal organization of pre-trial proceedings and the emergence of the possibility of replacing the criminal law measure of liability with administrative law or civil law.

scholarly journals An order of crime the criminal law of the Independent State of Croatia (NDH) 1941-1945

Balcanica ◽  
2017 ◽  
pp. 289-342
Author(s):  
Igor Vukovic
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Concentration Camps ◽  
Independent State ◽  
The Creation ◽  
Legal Character ◽  
Kingdom Of Yugoslavia ◽  
Collective Punishment

The system of criminal law norms passed in the so-called Independent State of Croatia (NDH) from its inception in 1941 was aimed at creating and maintaining an atmosphere of terror implemented by the Ustasha government. Although the framework of substantive and procedural rules of the Kingdom of Yugoslavia was formally retained, immediately after the establishment of the NDH regulations introducing many new crimes punishable by death were enacted. Defining the ?honour and vital interests of the Croatian people? as an appropriate object of criminal law protection enabled the creation of a regime of legalized repression against non-Croat populations, with an extensive jurisdiction of martial criminal justice. In addition to abuse of the court martial mechanism, the criminal character of government was also manifested in the wide application of administrative and punitive measures of sending to concentration camps as well as collective punishment. In line with Radbruch?s thought, the author denies the legal character of the system of criminal law formally established in the territory of the NDH in the circumstances of genocide.

Crime and the Creation of Criminal Law: A Partial Model

1977 ◽  
Vol 4 (2) ◽  
pp. 220 ◽  
Author(s):  
S. F. Cohn ◽  
J. E. Gallagher
Keyword(s):  
Criminal Law ◽  
Partial Model ◽  
The Creation

Harmonisation and Cooperation within the Third Pillar—Built in Risks

2001 ◽  
Vol 4 ◽  
pp. 15-23
Author(s):  
Petter Asp
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Maastricht Treaty ◽  
Internal Market ◽  
The European Union ◽  
Community Law ◽  
The Third ◽  
The Past ◽  
The Creation ◽  
Criminal Matters

During the past nine years, co-operation in criminal matters within the European Union has developed in a rather fascinating way. Before the Maastricht Treaty, which entered into force in 1993, there was not much co-operation in this area at all.During the time before Maastricht, the focus was on the creation of the internal market, on the rules on competition etc. and criminal law did not fall within the scope of the Treaties. Thus, although Community law had (and has) some implications for national criminal law and despite the fact that some conventions were agreed upon within the European Political Co-operation one cannot really say that criminal law questions were formally on the agenda before Maastricht.

scholarly journals ‘Smoke gets in your eyes …’: the criminalisation of smoking in enclosed public places, the harm principle and the limits of the criminal sanction

Legal Studies ◽  
2011 ◽  
Vol 31 (2) ◽  
pp. 259-278 ◽  
Author(s):  
Pamela R Ferguson
Keyword(s):  
Criminal Law ◽  
Harm Principle ◽  
Criminal Sanction ◽  
Public Places ◽  
Parliamentary Debates ◽  
The Future ◽  
The Creation ◽  
The Harm Principle

Legislation has been enacted in both England/Wales and Scotland which criminalises smoking in certain places. This paper uses these prohibitions as a way of exploring two prominent theories of criminalisation which were employed in the parliamentary debates on the legislation, namely legal paternalism and the liberal ‘harm principle’. The paper argues that the creation of these offences cannot be justified by paternalism, and that the risk of harm to non-smokers from ‘passive smoking’is a preferable justification. This latter rationale could be used in support of more extensive smoking prohibitions in the future. The paper recognises the desire of many to limit the use of the criminal sanction and concludes by suggesting that unwarranted criminalisation can only be avoided if legislatures proposing new offences clearly articulate their reasons for believing that the criminal law is the best mechanism for reducing or deterring the conduct at issue, and demonstrate that the behaviour cannot adequately be deterred by non-criminal measures.

scholarly journals BREVES CONSIDERAÇÕES SOBRE O ESTADO DE DIREITO NA MODERNIDADE LÍQUIDA E AS LEIS DE EMERGÊNCIA

2018 ◽  
Vol 2 (Especial 2) ◽  
pp. 199-204
Author(s):  
Gean Claudio Araujo
Keyword(s):  
Criminal Law ◽  
Legislative Process ◽  
The Real ◽  
Political Response ◽  
Legislative Proposals ◽  
The Creation

Postmodernity brought a certain ephemerality to many aspects of society with constant changes, including in the criminal sphere. The purpose of the present study is to analyze these changes, through research on the legislative process in periods of trouble for society, the methodology found that faced with events of great popular commotion, the legislative response consists in the creation of emergency laws, the illusory sense of being curbed by crime and ensuring security. It is imperative to analyze the real efficiency of legislative proposals that arise in this context; the results demonstrate the ineffectiveness of such projects. We used the present study to study the use of criminal law as an instrument of political response to society

scholarly journals The creation and evolution of criminal law in colonial and post-colonial societies

1999 ◽  
Vol 3 (1) ◽  
pp. 71-91 ◽  
Author(s):  
Leslie Sebba
Keyword(s):  
Criminal Law ◽  
Post Colonial ◽  
The Creation

scholarly journals Introduction

2018 ◽  
Vol 34 (2) ◽  
Author(s):  
Emma Henderson
Keyword(s):  
Social Media ◽  
Domestic Violence ◽  
New Zealand ◽  
Criminal Law ◽  
Special Issue ◽  
Law Schools ◽  
New Targets ◽  
Political Concern ◽  
The Creation ◽  
Domestic Violence Perpetrators

This Special Issue of Law in Context is comprised of articles developed at the 2015 Criminal Law Workshop, co-hosted by the La Trobe University and Melbourne University Law Schools. This annual workshop brings together criminal law academics from across Australia and New Zealand, and results in a day of intense, diverse, and fascinating discussion about contemporary criminal law issues. This collection of articles is accordingly wide-ranging. From the creation of new offences dealing with contemporaneous political panics (such as one-punch homicides and the spectre of out-of-control teenagers using social media to gatecrash suburban parties) and new processes such as paperless arrest warrants, to the re-purposing of old crimes (consorting, conspiracy) and processes (such as bail) in the service of new targets of social/political concern (bikies, domestic violence perpetrators), the articles in this Special Issue interrogate the boundaries of the criminal law and the extent to which it can or should legitimately be used as a tool to police the margins of society.

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