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

2018 ◽  
Vol 18 (5) ◽  
pp. 788-821
Author(s):  
Talita de Souza Dias

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.



Justicia ◽  
2014 ◽  
Vol 19 (26) ◽  
Author(s):  
Consuelo Amparo Henao Toro ◽  
Ingrid Regina Petro Gonz ◽  
Felipe Andrés Mar

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.



Author(s):  
Владимир Шерстнев ◽  
Vladimir Sherstnev

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.



Balcanica ◽  
2017 ◽  
pp. 289-342
Author(s):  
Igor Vukovic

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.



1977 ◽  
Vol 4 (2) ◽  
pp. 220 ◽  
Author(s):  
S. F. Cohn ◽  
J. E. Gallagher


2001 ◽  
Vol 4 ◽  
pp. 15-23
Author(s):  
Petter Asp

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.



Legal Studies ◽  
2011 ◽  
Vol 31 (2) ◽  
pp. 259-278 ◽  
Author(s):  
Pamela R Ferguson

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.



Author(s):  
Adrian Vickers

The 1950s is a gap in the usual studies of tourism in Bali, but this was a crucial decade for rebuilding the tourist industry after World War II and the Indonesian Revolution, and for establishing a post-colonial industry. The reconstruction of the tourist industry drew on Dutch attempts to rebuild tourism during the 1940s. The process of reconstruction required the creation of a souvenir industry, in which Balinese women entrepreneurs played a key role, the building of networks of hotels, and the recreation of tourist itineraries. Paradoxically, the leaders in rebuilding the industry were leading figures on the Republican side during the Indonesian Revolution, but relied on Dutch precedents and patterns. The 1950s represented an optimistic period of relative autonomy, before the centralised control of the New Order government came into play.



2018 ◽  
Vol 2 (Especial 2) ◽  
pp. 199-204
Author(s):  
Gean Claudio Araujo

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



Sign in / Sign up

Export Citation Format

Share Document