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.

Judges, Juries, and the History of Criminal Appeals

2011 ◽  
Vol 29 (1) ◽  
pp. 297-302
Author(s):  
Benjamin L. Berger
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Law ◽  
Legal History ◽  
Structural Changes ◽  
Criminal Procedure ◽  
The United States ◽  
Early History ◽  
Criminal Justice Systems ◽  
History Of

The three articles offered in this forum on the early history of criminal appeals do us the great service of adding much of interest on this important but neglected issue in the development of Anglo–North American criminal procedure. The opaqueness of the legal history of criminal appeals stands in stark contrast to their centrality and apparent naturalness in contemporary criminal justice systems in England, Canada, and the United States. These three papers look at the period leading up to and immediately following the creation of the first formalized system of what we might call criminal appeals, the establishment of the Court of Crown Cases Reserved (CCCR) in 1848. This key period in the development of the adversary criminal trial was marked by both a concerted political effort to codify and rationalize the criminal law and by profound structural changes in the management of criminal justice.

scholarly journals CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

Questions on Criminal Law and Incarceration

2019 ◽  
pp. 213-236
Keyword(s):  
Sex Offenders ◽  
Death Penalty ◽  
Criminal Law ◽  
Forensic Psychiatry ◽  
Criminal Procedure ◽  
Diminished Capacity ◽  
Questions And Answers ◽  
Self Test

This chapter presents self-test questions and answers on criminal law and incarceration in forensic psychiatry, and includes criminal procedure, criminal competencies, diminished capacity, insanity, prisoners’ rights, the death penalty, and sex offenders.

scholarly journals URGENSI DAN PENGATURAN UU TENTANG CONTEMPT OF COURT UNTUK MENJAMIN HARKAT, MARTABAT DAN WIBAWA PERADILAN

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Aditya Wisnu Mulyadi
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Research Method ◽  
Criminal Procedure ◽  
Court Decisions ◽  
Judicial Process ◽  
The Press ◽  
The Supreme Court ◽  
The Law ◽  
Good Attitude

The phenomenon of the Contempt of Court is an event that is rife in Indonesia lately. It is considered to reduce the dignity, majesty and authority of the judiciary and its apparatus. Particularly the dignity and authority of the judge. Attitudes and actions displayed by the search for justice, legal practitioners, the press, political and social organizations, NGOs, academics, judicial commission, as well as various other parties in such a way can be categorized injure the dignity, majesty and authority of the judiciary, good attitude and actions directed against the judicial process, judicial officials, as well as court decisions. Lack of strict legal instruments and adequate to serve as guidelines and benchmarks to judge such a phenomenon is made Contempt of Court always the case. View of the judge is an arm of God would have been contrary to Contempt of Court. The judge in charge of prosecuting and providing justice for justice seekers should not accept the bad treatments. This study is based on normative research method using statutory approach and conceptual approaches. Legislation that used is Law No. 4 of 1985 on the Supreme Court, Code of criminal law, the law book of the law of criminal procedure, the draft book of the Criminal Justice Act 2012 and draft the Code of Criminal Procedure 2012. This research is expected to contribute significantly for the creation benchmarks and appropriate guidelines in terms of the establishment of regulations and legislation on Contempt of Court Act

New Protection Status of Juvenile Victims with the Passage of the New Criminal Legislation in Cambodia

2009 ◽  
Vol 4 ◽  
pp. 1-34
Author(s):  
Stan V. Starygin
Keyword(s):  
Criminal Justice ◽  
Juvenile Justice ◽  
International Law ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
International Community ◽  
Criminal Legislation

AbstractThis article seeks to explore whether the position of juvenile victims, vis-à-vis the Cambodian criminal law, has changed with the passage of the new criminal legislation and whether this change is positive or otherwise. The quality of this change, henceforth, will demonstrate to the reader whether the overall reform of the juvenile justice component of Cambodia's criminal justice system, which has spanned over the last 15 years and has been funded by the international community, has been a success. The author has limited the scope of this inquiry to a comparison between the various domestic laws applicable to juvenile victims and did not include comparisons with international law, model laws or juvenile laws of other states. Being the first publication of its kind, this analysis limits its claim to the analysis of the relevant statutory provisions rather than ‘practice notes’ which have yet to develop.

Why isn’t history a recognized criminal specialists’ teacher?

2016 ◽  
Vol 1 (1) ◽  
pp. 31-36
Author(s):  
Jarosław Warylewski
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Death Penalty ◽  
Criminal Law ◽  
Justice System ◽  
The Real ◽  
Penal Law ◽  
History Of

The study includes reflections on the history of punishment and other means of a criminal reaction, their effectiveness and their impact on the criminal justice system. It indicates the limited “repertoire” of the mentioned measures. It draws attention to the real threats to the most important legal interests, especially to life, such as war and terrorism. It doubts the effectiveness of severe penalties, especially the death penalty. Indicates the dangers of penal populism and the perishing of law, including criminal law. It contains an appeal to criminologists and penal law experts to deal with all these dangers in terms of ideas rather than individual regulations.

Overcoming of Corruptogenic Factors of Criminal Legislation: Concept and Main Methods

10.12737/5503 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 68-75
Author(s):  
Сергей Иванов ◽  
Sergey Ivanov
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Positive Role ◽  
Legal Nature ◽  
Rational Explanation ◽  
Definition Of ◽  
Criminal Matters ◽  
Criminal Legislation

This article deals with the definition of overcoming the corruptogenic factors of the criminal law; notes its positive role in combating corruption in the criminal justice and highlights the main features: universality, casuistry, functional character, law-enforcement level of the implementation. This article discusses some of the most important ways of overcoming the corruptogenic factors of the criminal law: the uniformity of practical activity (the same understanding and application of the criminal law to all situations with a similar set of actual data and identical criminal-legal nature); motivation (rational explanation subject to enforcement activities of the reasons and circumstances underlying the decision on this or other legal and penal question) and formalization of the decision-making (development and implementation of the criminal law or court practice on certain criteria that must underlie the adoption of any authority of any decisions in criminal matters and to narrow the scope of his discretion); raising the level of legal awareness of subjects of criminal-law relationships.

scholarly journals Crime Stories: Posnerian Pragmatism, Rawlsian Pure Procedural Justice, and the Fictional Problem

2004 ◽  
Vol 9 (2) ◽  
pp. 644-654 ◽  
Author(s):  
John R Morss
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Procedure ◽  
Criminal Trial ◽  
Double Jeopardy ◽  
Past Event ◽  
Crime Stories

[There are many different ways in which law and truth may be said to be related. It is perhaps in the criminal trial that connections between them are of most signifi- cance. An orthodox way of describing a criminal trial is that the criminal procedure is seeking to establish the truth concerning some past event, and that success of the procedure is measured by how close its outcome converges with that truth. Crimi- nal justice presents the community with challenging dilemmas in this regard, such as those arising from the notion of double jeopardy. This paper discusses the Rawl- sian notions of ‘imperfect’, ‘perfect’ and ‘pure’ procedural justice, and suggests against Rawls that it is pure procedural justice that best represents what we want from a criminal justice system. Good procedure makes good criminal law. A com- parison is made with the writings of Habermas and Posner, and given that pure procedural justice eschews transcendental truths, some brief comments are made on the convergence of that position with the realm of the fictional.] 

scholarly journals Failure to report a crime as a form of terrorist crime: issues of criminal law counteraction

2020 ◽  
pp. 139-143
Author(s):  
Alexander Berezhnoy
Keyword(s):  
Retrospective Analysis ◽  
Criminal Law ◽  
Criminal Code ◽  
Technical Design ◽  
Foreign Experience ◽  
Criminal Legislation

The article considers the problem of the return to modern criminal legislation of a norm establishing liability for failure to report a crime. A retrospective analysis of the formation and development of this criminal law institution. Doctrinal approaches are presented, revealing its conceptual features. Foreign experience in the field taken for research is demonstrated. Legal shortcomings and conflicts arising as a result of legal and technical design of article 2056 of the Criminal code “Failure to report a crime”. The directions of their resolution are proposed. Based on the results of the study, the author’s version of the disposition of article 2056 of the Criminal code.

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.

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