scholarly journals Kazne u Francuskom krivicnom zakoniku od 1810. godine

Forum ◽  
2019 ◽  
Vol 1 (1-2) ◽  
pp. 87-107
Author(s):  
Milica Marinkovic
Keyword(s):  
Detailed Analysis ◽  
Criminal Law ◽  
Original System ◽  
Penal Code ◽  
Penal System ◽  
Practical Application ◽  
Old Regime ◽  
Further Development ◽  
European Criminal Law ◽  
Partial Division

The author in the paper analyzes the penal system of the French Penal Code of 1810 (Code pénal de 1810), bearing in mind the influence this Code and its penal system had on the further development of French and European substantial criminal law. The fact that the Napoleonic Penal Code of 1810, with its later modifications and additions, remained in force for 184 years, speaks in favor of this. In this paper the penal system of the Code of 1810 is exhibited according to the original system of the Code. The tri‐partial division of both criminal acts and penalties was a novelty in the European criminal law. Given the fact that this was a Code promulgated 21 years after the Bourgeois revolution, the author compares the penal system of this Code to the penal system of the first revolutionary Penal code of 1791, but also with penalties that were used in the “Old regime” (Ancien régime). Based on the data published in bills and literature, the author gives a detailed analysis of all penalties contained in the Penal Code of 1810. Thereby, the key criminological problems caused by the practical application of these penalties is pointed out.

scholarly journals Warunkowe umorzenie postępowania jako szczególny środek odpowiedzialności karnej

2010 ◽  
Vol 53 (3-4) ◽  
pp. 307-320
Author(s):  
Milada Wiśniewska
Keyword(s):  
Penal Code ◽  
Penal System ◽  
Criminal Record ◽  
Criminal Offence ◽  
Conditional Release ◽  
Legal Proceedings ◽  
Short Summary ◽  
The Future ◽  
The Subject ◽  
Further Development

The subject of this study is a conditional discontinuance of legal proceedings as one of the measures related with giving the perpetrator a probation. It firstly has been introduced to Polish penal system in 1969. This solution seems to be very specific comparing to the others as it exists as a conditional discontinuance of legal proceedings as well as a parole, or conditional release from serving the full sentence. Further development of this probational measure took place in 1997 as a part of a wider amendment of Polish Penal Code (Kodeks Karny). Art.66 defines the conditional discontinuance of legal proceedings. A verdict ajudicated on a basis of articles 341 § 5 and 414 § 1 KPK (Code Of Penal Rules) and conditionally discontinuing the legal proceedings is a verdict confirming the perpetration of a criminal offence, although is not the conviction itself. Conditional discontinuance of legal proceedings’ function is to give a perpetuator a chance for unpunishability and a clear criminal record after committing the crime in exchange for not breaking the law in the future. Positive expired probation ex lege shapes the conditional discontinuance into a final one. Main reason for this study is to discuss the articles: 66-68 of Polish Penal Code. The above articles are regulating the matter of the conditional discontinuance of legal proceedings. The research is being divided into four topically related sections. Section one are simply introduction remarks. Section two describes the circumstances for use of conditional discontinuance of legal proceedings. The circumstances might be categorized into three groups: crime related, perpetrator related and finally – case related. To specify, all of the liability circumstances must be determined for legal use of conditional discontinuance of legal proceedings. Moreover, the circumstances are supposed to occur in a cumulative manner. Section three depictures the duties on a probation and the effects of its progress. Finally section four defines reasons for taking legal actions. The study finishes with a short summary of all discussed topics. It also questions why, if it is such a charity, the courts who are up for judgement practically do not apply for this solution. What reason lies behind this conditon?

Colonial Criminal Law and Other Modernities

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Criminal Law ◽  
Subject Matter ◽  
Legal History ◽  
Historical Study ◽  
The Subject ◽  
Nineteenth And Twentieth Centuries ◽  
Traditional Approaches ◽  
European Criminal Law

This chapter reflects on various traditional approaches to the historical study of European criminal law in the nineteenth and twentieth centuries. It examines several ways of naming and framing the subject matter, along with ways of ‘covering’ it along a set of by now fairly well-established narrative paths that generally reflect a quietly reassuring Whiggishness. It then lays out an alternative, two-track, conception of ‘modern’ European criminal legal history. It does this by taking an upside-down—or outside-in—view of the subject, by focusing on an understudied, but fascinating, project of European criminal law: the invention, implementation, and evolution of colonial criminal law.

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 POLITICAL CRIME IN THE IRANIAN PENAL SYSTEM AND THE POSITION OF CONSTITUTIONAL CIVIL LIBERTIES IN CRIMINALIZING POLITICAL CRIME

2021 ◽  
Vol 9 (3) ◽  
pp. 1099-1112
Author(s):  
Mehrdad Soleiman Fallah ◽  
Abdolvahid Zahedi
Keyword(s):  
Criminal Law ◽  
Civil Liberties ◽  
Penal System ◽  
International Level ◽  
Related Research ◽  
The Public ◽  
History Of ◽  
Political Crime ◽  
The Relationship ◽  
Historical Periods

Purpose: This study aims to analyze political crime in the Iranian penal system and the place of civil, constitutional freedoms in the criminalization of political crime. Methodology: In this study, we have tried to study articles and related research in this field and analyze the results of each to make a proper conclusion about the relationship between the Iranian systems in dealing with political crimes. Therefore, the only tools used in this study are documents related to political crimes at the international level. Main findings: Political Crime Law enacted in 2016, despite the basic forms of extensive discretion and lack of specific criteria for the judicial authority in determining whether a crime is political or non-political, practically made this law ineffective, regardless of the problems mentioned. Application of the study: Since the commencement of the country, political wrongdoing has been viewed as wrongdoing against the public authority. Therefore, the results of this study can be very effective in improving the performance of governments in preventing possible crimes against governments. Novelty/Originality: Given the multiplicity of political crimes in our country, as well as the complexities involved in the case of political crimes, it seems that in the history of our criminal law, there has been a will to legislate and determine the exact causes of political crime, and governments in most historical periods, they have made great efforts to identify political criminals. The novelty of this research lies in investigating the effect of political crimes on legal confusion in legislating political offenses.

Sign in / Sign up

Export Citation Format

Share Document