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CARR-HILL, ROY A. "Immigrants in the French System of Criminal Justice." Howard Journal of Criminal Justice 26, no. 4 (November 1987): 287–99. http://dx.doi.org/10.1111/j.1468-2311.1987.tb00593.x.
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Grabowski, Jan. "French Criminal Justice and Indians in Montreal, 1670-1760." Ethnohistory 43, no. 3 (1996): 405. http://dx.doi.org/10.2307/483451.
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Eftekhari, Shiva. "International Criminal Justice, Rwanda and French Human Rights Activism." Human Rights Quarterly 23, no. 4 (2001): 1032–61. http://dx.doi.org/10.1353/hrq.2001.0047.
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HAMILTON, TOM. "A SODOMY SCANDAL ON THE EVE OF THE FRENCH WARS OF RELIGION." Historical Journal 64, no. 4 (January 25, 2021): 844–64. http://dx.doi.org/10.1017/s0018246x20000564.
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AbstractThis article uncovers a sodomy scandal that took place in the Benedictine abbey of Morigny, on the eve of the French Wars of Religion, in order to tackle an apparently simple yet persistent question in the history of early modern criminal justice. Why, despite all of the formal and informal obstacles in their way, did plaintiffs bring charges before a criminal court in this period? The article investigates the sodomy scandal that led to the conviction and public execution of the abbey's porter Pierre Logerie, known as ‘the gendarme of Morigny’, and situates it in the wider patterns of criminal justice as well as the developing spiritual crisis of the civil wars during the mid-sixteenth century. Overall, this article demonstrates how criminal justice in this period could prove useful to plaintiffs in resolving their disputes, even in crimes as scandalous and difficult to articulate as sodomy, but only when the interests of local elites strongly aligned with those of the criminal courts where the plaintiffs sought justice.
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Weill, Sharon. "French foreign fighters: The engagement of administrative and criminal justice in France." International Review of the Red Cross 100, no. 907-909 (April 2018): 211–36. http://dx.doi.org/10.1017/s1816383119000377.
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AbstractSince 2012, it is estimated that 2,000 French nationals have joined jihadist armed groups listed by the UN as terrorist organizations in Syria and in Iraq. Consequently, a new prosecution policy has been introduced in France. To date, more than 200 persons have been prosecuted and 1,600 persons have been placed under criminal investigation. In parallel, after the 13 November 2015 terror attacks in Paris, a State of emergency was declared. Persisting for two years, it introduced derogative administrative measures that slowly transgressed into regular criminal law. Consequently, French administrative and criminal courts, with ordinary judges and professional routines, find themselves involved in matters related to armed conflicts – a completely new phenomenon for them. What role has been performed by French criminal and administrative judges in the global fight against terrorism?This article takes a close look at France's fight against terrorism and the engagement of its domestic legal system in the context of foreign fighters and suspects of terrorism. It outlines the radicalization processes of French administrative and criminal law along with their hybridization and complementarity. While the armed conflict in Syria and Iraq and the complex geopolitical context are clearly present in French courtrooms, international humanitarian law and international criminal law frameworks are almost entirely absent. At the same time, by granting a growing power to the administration, the repressive and pre-emptive approaches introduced within criminal and administrative law transform liberal conceptions of law and justice.
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Maerani, Ira Alia. "Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi." Jurnal Hukum 31, no. 2 (June 9, 2016): 1737. http://dx.doi.org/10.26532/jh.v31i2.659.
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Abstract               Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is quite important in realizing society’s  justice. The era of globalization requires a pattern fast-paced, instant, measurable, and transparent of life and it requires investigators to follow the times by optimizing the use of technology. The aim of this study is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However, it considers to have priority of Pancasila values in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation can create product which meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology. Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology   AbstrakSistem Peradilan Pidana Indonesia meliputi institusi kepolisian, kejaksaan, dan pengadilan. Peran penyidik dalam institusi kepolisian tentunya amat vital sebagai garda terdepan dalam membangun kepercayaan masyarakat terhadap penegakan hukum di Indonesia. Peran penyidik amat besar dalam terwujudnya keadilan di masyarakat. Era globalisasi yang menuntut pola kehidupan yang serba cepat, instan, terukur, dan transparan menuntut penyidik untuk mengikuti perkembangan zaman dengan mengoptimalkan pemanfaatan teknologi. Tujuannya adalah untuk memberikan arti bagi penegakan hukum di Indonesia yakni memberikan keadilan, kemanfaatan, dan kepastian. Namun yang harus diperhatikan adalah mengutamakan nilai-nilai Pancasila dalam melakukan proses penyelidikan dan penyidikan. Nilai-nilai ketuhanan yang maha esa (religius), kemanusiaan, persatuan, kerakyatan dan keadilan merupakan nilai-nilai yang membangun keseimbangan (harmoni) dalam menegakkan hukum. Sehingga produk hukum dan pelaksanaannya memenuhi rasa keadilan masyarakat. Tulisan ini akan mengkaji tentang peran penyidik menurut hukum positif yang saat ini berlaku serta peran penyidik dalam mengimplementasikan nilai-nilai Pancasila dengan diiringi optimalisasi pemanfaatan teknologi.Kata Kunci: Reaktualisasi,Penyidikan,Kepolisian,Nilai-nilai Pancasila,Teknologi
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de Cavarlay, Bruno Aubusson. "Can Criminal Statistics Still Be of Scientific Use? The French Criminal Justice System, 1831–1980." Historical Methods: A Journal of Quantitative and Interdisciplinary History 26, no. 2 (April 1993): 69–84. http://dx.doi.org/10.1080/01615440.1993.10594218.
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Hodgson, Jacqueline. "Hierarchy, Bureaucracy, and Ideology in French Criminal Justice: Some Empirical Observations." Journal of Law and Society 29, no. 2 (June 2002): 227–57. http://dx.doi.org/10.1111/1467-6478.00217.
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Baaz, Mikael, and Mona Lilja. "Using International Criminal Law to Resist Transitional Justice." Conflict and Society 2, no. 1 (June 1, 2016): 142–59. http://dx.doi.org/10.3167/arcs.2016.020113.
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An increasing body of literature focuses on negotiations of transitional justice, but not much has been written so far regarding contestations over its practices and the refusal of states and individuals to participate. Given the remaining legalistic dominance, this is particularly true regarding the field of international criminal law. Very little, if any, work in international criminal law engages with the topic of “resistance.” Departing from this gap in research, focusing on Cambodia and the Extraordinary Chambers in the Courts of Cambodia (ECCC), the objective of this article is to introduce, discuss, and analyze the “strategy of rupture”—as developed by the late French lawyer Jacques Vergès—and the ways in which this legal defense has been applied in practice at the ECCC in order to resist not only the Tribunal per se, but also the entire Cambodian transitional justice process and, by extension, the post–Cold War global liberal project.
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Hamilton, Claire, and Giulia Berlusconi. "Contagion, counterterrorism and criminology: The Case of France." Criminology & Criminal Justice 18, no. 5 (January 3, 2018): 568–84. http://dx.doi.org/10.1177/1748895817751829.
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In the burgeoning criminological literature on security, risk and preventive justice which has followed the 9/11 attacks on the Twin Towers, ‘contagion’ or the deleterious effect of counterterrorist policies on the ordinary criminal law has been the subject of some discussion, mostly in the context of the threat which such ‘exceptional’ policies pose to mainstream procedural values. This article seeks to build on this literature through an examination of the impact of post 9/11 counterterrorism law and policy on the ordinary criminal justice system in France. Given the extent to which counterterrorist law now encroaches on various aspects of French criminal law, the argument is made for greater criminological attention to be paid to the ‘trickle-down’ effect of extraordinary law on the ordinary business of the criminal justice system.
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KNUTSEN, GUNNAR W., and DANIEL MUÑOZ NAVARRO. "Prosecuting the French: patterns of trials against French defendants in Valencia, 1566–1686." Continuity and Change 25, no. 3 (December 2010): 357–76. http://dx.doi.org/10.1017/s0268416010000275.
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ABSTRACTA serial study of court records from two different jurisdictions in early modern Valencia shows that during the years 1566–1686 there was one single period with significantly higher numbers of trials against French defendants. This coincided with the period of the Spanish monarchy's greatest worries about outside influence in Spain. However, the increased number of trials is only traceable in one of the two courts under study, that of the Inquisition, which was under the control of the central government. The locally controlled court of criminal justice (Justicia) did not show any such increased activity against Frenchmen.
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Golduzian, Iraj, Hamid Reza Mirzajani, and Samaneh Eghtedari. "Semi-Liberty System Investigation in Iranian and French Law." ALUSTATH JOURNAL FOR HUMAN AND SOCIAL SCIENCES 225, no. 1 (September 1, 2018): 115–36. http://dx.doi.org/10.36473/ujhss.v225i1.131.
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The semi-liberty system was first established in French law and accepted in Iranian criminal law before Islamic Revolution Laws. In 2013, it was proposed in Islamic Penal Code with regard to detention policies and reducing the number of criminal cases. The semi-liberty system is one of the borderline penalties and it is moderate for crimes considered. In this case, the perpetrators are reformed in these crimes and they demand corrective actions based on middle legal sanctions. The mentioned item is one of the manifestation principles of individualizing punishment. The gradual progress of the convicted person is included in its working schedule. It has agreed with his/her liberty. This system gives an identity to criminal people to avoid him from labeling. It also gives job and family stability for convinced. It is matched to criminal justice response based on criminal status. And finally, it reduces the criminal costs. The purpose of the execution of punishments is reforming the criminal person. The jurisprudential foundations are not in conflict with the implementation of punishments with regard to demanding of the criminal person reforming and reducing the harmful effects of imprisonment on convicted person, his family and society. The privative liberty is minimized based on international documents. They develop liberties before the deadline and items including the mid-liberties. Finally, this item tries to create at least distance between the community and the convinced person and obtain the most benefit for society with regard to implementing this system. This study investigates the system of semi-liberation in Iranian criminal policy and French law.
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McKillop, Bron. "Readings and Hearings in French Criminal Justice: Five Cases in the Tribunal Correctionnel." American Journal of Comparative Law 46, no. 4 (1998): 757. http://dx.doi.org/10.2307/840992.
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Decœur, Henri. "The Criminalisation of Armed Jihad under French Law: Guilt by Association in the Age of Enemy Criminal Law." European Journal of Crime, Criminal Law and Criminal Justice 25, no. 4 (November 23, 2017): 299–326. http://dx.doi.org/10.1163/15718174-02504001.
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This article discusses the offence of participation in a terrorist group or conspiracy under French law, as applied by the French criminal justice system to prosecute and convict individuals who travel or attempt to travel abroad to participate in armed jihad. In light of a critical assessment of decisions rendered by French courts in cases involving jihadi fighters, it proposes to reflect on the orientation of the criminal law in matters relating to the participation of European nationals in armed jihad in foreign territory. Expressing concern over the excessive reach of substantive criminal-law provisions and of related prosecutorial policies, the article argues that the current legal framework and newly proposed legislation no longer serve the legitimate objective of protecting public order and safety from a tangible threat, and that the criminal law is at risk of becoming a tool of ideological warfare against designated enemies of the state.
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Alhajri, Abdulrahman F. S. H. "Separation of Powers in the Kuwaiti Criminal Justice System: A Case Study." European Journal of Interdisciplinary Studies 4, no. 2 (July 24, 2018): 59. http://dx.doi.org/10.26417/ejis.v4i2.p59-79.
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Discussions of the Separation of Powers (SOP) tend to be related to the administrative state, at the expense of the criminal state. This research addresses the question of separating powers within the criminal justice system of Kuwait, examining the function of this division and the structures that are designed to protect the rights of citizens. Despite being regulated according to democratic principles, the criminal justice system of Kuwait has been described as excessively controlled by executive bodies. Currently, there appears to be a lack of research explaining how numerous criminal justice bodies in Kuwait can effectively promote the principles of freedom, democracy, and equality before the law. The proposed research aims to provide insights into the SOP between institutions and to assess its effectiveness in addressing the principles stated in the Constitution of Kuwait. The origins of the modern Kuwaiti criminal justice system will also be explored, with a focus on British Jurisdiction (as a past influence) and French, Egyptian and Islamic law (as continuing influences). This development history makes Kuwait an excellent example of the diffusion of law, which, although it has been investigated widely, is still a topic of interest among modern researchers, alongside human rights and their protection through the criminal law system. This is one of the first studies to discuss the SOP in the Kuwaiti criminal justice system as a mixed phenomenon that can influence the protection of Kuwaiti citizens’ human rights at each stage of law enforcement and prosecution.
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Amin, Choerul. "Implementation of Legal Aid for the Poor as a Form of Practicing Pancasila Values." Indonesian Journal of International Clinical Legal Education 3, no. 2 (June 30, 2021): 235–44. http://dx.doi.org/10.15294/ijicle.v3i2.46172.
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Provision of Legal Aid is one of the ways the state can achieve access to law and justice for poor people in accordance with what has been mandated by the constitution. The principle of equality before the law in the Criminal Procedure Code (KUHAP) and Article 27 paragraph (1) of the 1945 Constitution tries to be realized by the state with this legal assistance so that the poor will experience justice in law enforcement in Indonesia. Justice is the right of all Indonesian people. Justice can be obtained by all people, this is contained in the Pancasila Values ​​especially in the 5th (five) precepts which read "Social Justice for All of Indonesia". For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia, and to create an effective, efficient and accountable court. The community's right to get free legal assistance (pro-bono) is regulated in Law No. 16 of 2011 concerning Legal Aid. This law regulates the communities receiving legal assistance, grants, and funding as well as legal aid mechanisms.
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Kazarian, MéLinée. "Who Should We Blame for Healthcare Failings? Lessons from the French Tainted Blood Scandal." Medical Law Review 27, no. 3 (2019): 390–405. http://dx.doi.org/10.1093/medlaw/fwz004.
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Abstract Many well-known cases of ‘medical manslaughter’ have shown that systemic issues play a significant role in contributing to fatal errors in healthcare institutions. The most prominent NHS scandal, Mid Staffordshire, demonstrated that wrongful prioritization of resources and staff shortages had contributed to the deaths of between 400 and 1200 patients due to appalling care by nursing staff and doctors between 2005 and 2009. Following the scandal, the Trust was prosecuted and convicted of a criminal offence under the Health and Safety at Work Act 1974 in 2014 and 2015. In contrast, in a scandal of comparable scale across the Channel, ‘the HIV-contaminated blood scandal’, individual decision-makers were subject to criminal convictions. Learning from features of the French criminal process, and the aftermath of the 1980s French tainted blood scandal, this article argues that the criminal process can only be a useful response to healthcare systemic failings if higher-level decision-makers are also included in the scope of criminal liability when they have recklessly endangered patients. When no individual reckless fault is found on the part of decision-makers, corporate criminal liability is a suitable alternative to individual criminal liability, if it is focused on ensuring safety and offering justice to patients who have been harmed as a result of healthcare systemic failings.
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Sjøvoll, Kirsten. "Judging War Crimes and Torture: French Justice and International Criminal Tribunals and Commissions (1940–2005)." International Criminal Law Review 7, no. 2-3 (2007): 557–59. http://dx.doi.org/10.1163/156753607x204347.
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Roberts, P. "French Criminal Justice: A Comparative Account of the Investigation and Prosecution of Crime in France." British Journal of Criminology 48, no. 2 (December 6, 2007): 269–73. http://dx.doi.org/10.1093/bjc/azn012.
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Hodgson, Jacqueline. "Suspects, Defendants and Victims in the French Criminal Process: The Context of Recent Reform." International and Comparative Law Quarterly 51, no. 4 (October 2002): 781–815. http://dx.doi.org/10.1093/iclq/51.4.781.
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The recent reform adopted by the French Parliament, the Loi of 15 June 2000, touches upon a wide range of matters from investigation and detention through to trial and appeal, all within a project designed to ‘reinforce the presumption of innocence and the rights of victims’.1 It is part of a broader reform package which originally included strengthening the independence of the procureur2 from the hierarchical control of the Minister of Justice and changing the way in which magistrats3 are selected,4 together with the measures already enacted in June of 1999 to simplify and clarify aspects of criminal procedure and to reduce delay.5 A large part of the June 2000 reform seeks to strengthen the rights of the accused and the safeguards designed to ensure her proper treatment at all stages of the criminal process. Such rhetoric and aspirations stand in contrast to the Home Office and government discourse to which we have become accustomed on this side of the Channel, a discourse dominated by macho language expressing a desire to ‘get tough’ and ‘crackdown’ on crime and presumed criminals.6 Against the backdrop of almost mandatory defence disclosure and the curtailment of the right to silence in this jurisdiction, provisions which strengthen the rights of the accused and provide her with more information about the case against her together with greater opportunities to influence the pre-trial investigation, will make English criminal justice scholars nostalgic for a time when the rights of the accused were seen as something other than ‘a criminal's charter’.
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Erlingsdóttir, Irma. "The Politics of Justice and the French Blood Affair in Hélène Cixous's The Perjured City." Paragraph 38, no. 3 (November 2015): 369–85. http://dx.doi.org/10.3366/para.2015.0173.
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In the article, I examine Hélène Cixous's play La Ville parjure ou le Réveil des Erinyes (The Perjured City) as a political contribution to the debate over memory and justice. The focus is on the question of how the telling of a story of atrocities may be therapeutic to both the victim and to society. I stress Cixous's alternative way of addressing justice: through forgiveness instead of criminal prosecution or other forms of retribution or reconciliation. Referring to Jacques Derrida's work, the main argument revolves around the question of whether forgiveness for unspeakable crimes should be unconditional or conditional. Instead of seeing Cixous's play as an unequivocal stance on restorative justice in general, and on conditional forgiveness in particular, I stress that the main protagonist, the Mother, is not willing to forgive the crime itself because of its unforgivable nature.
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Mason, Laura. "The “Bosom of Proof”: Criminal Justice and the Renewal of Oral Culture during the French Revolution." Journal of Modern History 76, no. 1 (March 2004): 29–61. http://dx.doi.org/10.1086/421184.
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SADAT, LEILA. "Transjudicial Dialogue and the Rwandan Genocide: Aspects of Antagonism and Complementarity." Leiden Journal of International Law 22, no. 3 (September 2009): 543–62. http://dx.doi.org/10.1017/s0922156509990082.
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AbstractThe Rwandan genocide remains one of the most horrific atrocities of the twentieth century, resulting in the death of an estimated 500–800,000 human beings, massacred over a 100-day period. In the fourteen years since the genocide, attempts at justice and reconciliation in Rwanda have involved a delicate interplay between national legal systems and the international legal order. This article examines three fora in which Rwandans have been tried for involvement in the genocide: the International Criminal Tribunal for Rwanda, Rwandan courts including Gacaca tribunals, and French attempts to exercise universal jurisdiction. Using Rwanda as a case study, the article illustrates the issues, concerns, and difficulties that arise when multiple jurisdictions assert a right to exercise criminal jurisdiction over the perpetrators of serious atrocity crimes. Beginning with a discussion of the political context, this article considers what the competing narratives and litigation in various fora have meant for the project of international and transnational criminal justice. Cases involving the commission of atrocities pose unique challenges for the international legal order. As the normative structure of international criminal law has arguably been strengthened, political constraints increasingly come to the fore. As illustrated by Rwanda, universal jurisdiction or other bases of jurisdiction may remain necessary vehicles for justice and reconciliation, or, at the very least, they may serve as a catalyst for change in Rwanda itself.
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Fahmy, Khaled. "The Anatomy of Justice: Forensic Medicine and Criminal Law In Nineteenth-century Egypt." Islamic Law and Society 6, no. 2 (1999): 224–71. http://dx.doi.org/10.1163/1568519991208682.
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AbstractThe reform of the Egyptian criminal justice system in the nineteenth century traditionally has been viewed as forming an important step in the establishment of a liberal and just rule of law. By studying how forensic medicine was introduced into nineteenth-century Egypt, I argue that the need to exercise better control over the population and to monitor crime lay behind the reform process as much as liberal ideas borrowed from Europe did. Drawing on a wide range of archival material, both legal and medical, I analyze the role played by autopsy in the criminal system and argue that the practice of autopsy was viewed differentially by 'ulamā', by Arabic-speaking, French-educated doctors and by the mostly illiterate masses. And contrary to the common wisdom, I conclude that the "modernization" of the Egyptian legal system was intended not to displace the sharīa but to support it.
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Fernando, Ruwani. "Desistance from crime and probation supervision: Comparing experiences of English and French probationers." Probation Journal 68, no. 2 (April 29, 2021): 224–42. http://dx.doi.org/10.1177/02645505211012062.
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This research compares how English and French desisters experience and perceive probation supervision. In this qualitative study, desisters of both countries were interviewed to collect narratives of change within the context of punishment in the community. The aim of this research was to explore and compare the role of probation in desistance processes, in different national, socio-economic, and criminal justice settings. The findings demonstrate similarities in perceptions of probation officers as people with resources. Differences emerged in the types of resources engaged with and the perceived punitiveness of mandatory supervision.
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Krichevtsev, Mikhail Vladimirovich. "Life sentence as a type of criminal punishment in France of the late XVIII – early XIX centuries." Genesis: исторические исследования, no. 12 (December 2020): 96–108. http://dx.doi.org/10.25136/2409-868x.2020.12.34714.
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This article questions the opinion established in modern French historiography on implementation of life sentence as a criminal punishment under the rule of Napoleon Bonaparte (in accordance with the Criminal Code of 1810). Leaning on examination of legislative, policy drafting, and court materials, the author traces the evolution of the system of criminal penalties associated with incarceration. and determines the role of life sentence therein – since the adoption of first criminal laws in the era Great Revolution until the revision Napoleonic Criminal Code in 1832, and the court of Peers under Louis-Philippe I. The acquires materials demonstrate that after long absence of the Consulate and Early Empire in the time of Revolution, life sentence was envisaged by the Criminal Code of 1810 as an alternative measure to penal servitude for life or deportation (for criminals of senior age), rather than an separate type of criminal punishment. Reference to the practice of the court of Peers during the Restoration and the July Monarchy suggests that life sentence became a separate type of criminal punishment only with the advent of verdict passed by Peers with regards to 1830 case of former ministers. This sentence was based on the combination of legislative and court functions in actions of the Chamber of Peers as higher justice authority, and thus was of constitutive nature. The conclusion is made that the implementation of life sentence in French criminal law should be attributed to the time of the July Monarchy rather than the ruling of Napoleon Bonaparte.
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Ross, Jacqueline. "Jacqueline Hodgson, French Criminal Justice: A Comparative Account of The Investigation And Prosecution Of Crime in France." American Journal of Comparative Law 55, no. 2 (2007): 370–79. http://dx.doi.org/10.1093/ajcl/55.2.370.
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Newman, Daniel. "Cassation of Criminal Cases from Moscow Province Courts and Tribunals, 1921–1928." Soviet and Post-Soviet Review 41, no. 2 (July 10, 2014): 146–68. http://dx.doi.org/10.1163/18763324-04102001.
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Although students of the Soviet period have long been fascinated with criminality, few works have studied courts and common criminals on the basis of trial records, especially during the nep. Aside from scholarly treatments of show trials, the reasoning behind judicial decisions and criminal pleas has been left to the imagination of Sovietologists. This gap is addressed by examining case files involving the primary form of appeal available to Soviet convicts: cassation. After detailing the evolution of Soviet cassation from its origins in the French Revolution and contextualizing its place in the Soviet justice system, this article embarks on a close reading of convicts’ pleas, prosecutors’ reports, and judges’ written decisions in cassational cases. Cassational appeals are examined to determine how different seats of power within the judiciary sparred over verdicts. Judicial decisions of cassational cases are cross-referenced with legal codes and legislation to determine how Soviet judges applied the law, particularly when considering the social backgrounds of appellants. From the outlook of criminals themselves, the wording of their appeals is analyzed to determine how they understood the law, Soviet society, and what they thought they needed to say to gain redemption. Ultimately, this paper explores how individuals brought before courts understood Soviet power and justice through the lens of criminal appeals during the infancy of the Soviet Union.
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Coscas-Williams, Béatrice, and Michal Alberstein. "A Patchwork of Doors." New Criminal Law Review 22, no. 4 (2019): 585–617. http://dx.doi.org/10.1525/nclr.2019.22.4.585.
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Our paper surveys the development of criminal hybrid models in two continental jurisdictions, Italy and France, following the 1987 Recommendation of the Committee of Ministers of the Council of Europe to accelerate criminal proceedings through the introduction of guilty pleas, out-of-court settlements and simplified proceedings. We describe various frameworks for criminal justice as a multi-door arena, of which the plea bargaining is but one of several possibilities. In our review, we emphasize consensual elements, the place of the search of truth, and the role of the judges and other stakeholders. We outline the different paths that France and Italy have taken as incorporating adversarial and inquisitorial elements to increase efficiency. The French system made gradual modifications and remained inquisitorial by nature. Aside from the more recent integration of proceedings without trial inspired by plea bargaining, it has developed doors of abbreviated trials where the investigation stage is minimized. This has resulted in a different version of the vanishing trial—the vanishing investigation. The Italian system, on the other hand, has announced a drastic transformation to an adversarial framework of trial, while adopting mainly proceedings without trial. This shift has not resulted in a vanishing trial phenomenon, and currently, the full adversarial-type trial remains the main door in Italy. We describe the sequence of transformations of these systems and emphasize the significance of this contemporary patchwork of doors in terms of the role of the judges and the possibility of implementing a conflict resolution criminal justice perspective.
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Halimi, Sonia Asmahène. "Contextualizing translation decisions in legal system-bound and international multilingual contexts." Between specialised texts and institutional contexts – competence and choice in legal translation 3, no. 1 (May 11, 2017): 20–46. http://dx.doi.org/10.1075/ttmc.3.1.03hal.
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Abstract The present study uses the notion of frames as a model of concept representation to map the investigation process in three criminal justice realities: the Algerian, Egyptian and French Criminal Procedure. Specifically, the mapping of the investigating process is carried out with the aim of examining conceptual variations when national laws interact with one another and highlighting problems of contextualization in translation. The study shows that, when considering legal translation from an international perspective, all instances of reciprocal connection between laws and international multilingual legal communication should be examined in order to present relevant contextual variables in translation. This approach brings to light specificities at the procedural level that the legal translator and legal expert must be aware of in determining the translation situation, if conceptual inaccuracies, terminological discrepancies and awkward calques are to be avoided.
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Котов, Сергей, and Sergey Kokotov. "Sources of law of the British colony Quebec in the last third of the XVIII century: the problem of choice." Services in Russia and abroad 9, no. 1 (June 25, 2015): 121–33. http://dx.doi.org/10.12737/11715.
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A distinctive feature of modern Canada is the dualism of its legal system. This means that in the country there are two systems of law - continental (Roman-German) and Anglo-Saxon (precedent). Each of these systems differ in their approaches to the understanding of law and justice implementation. However, the main difference is due to the fact that each of these systems relies on its own sources of law. If the basis of the criminal and private law in general, and the federation of nine provinces in particular is common (case) law of England, in the province of Quebec are used English (basically) criminal law and French civil law in its origin.
Historically, this was due to the fact that at the time of the conquest of the colony of New France (now Quebec) in the XVIII century it had a relatively developed legal system, including the system of administration of justice. At the heart of the local sources of law were kutyums of Paris, supplementing ordinances of the French kings. Inclusion of New France in the possession of the English Crown was for the new authorities a precedent - the first time in the history of the British colonial empire it acquired a part of the territory with a Christian population and European law.
In fact, the British colonial authorities had to make a choice, which was to determine the vector of further legal development of not only the newly conquered colony, but the whole of British North America. According to the rules of English case law the medieval English monarch (as sovereign) could either admit the law to of its new ownershipin force at the time of the conquest, or introduce there English law in force at the time. In view of the prevailing circumstances of the specific historical issue of the replacement of French law (including sources and the administration of justice) in English it turned out to be extremely difficult from the socio-political and a formal legal point of view.
This article analyzes the problems encountered during the initial stage of the legal system of the British colony of Quebec and, in particular, of the sources of its territorial law.
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Wittman, Richard. "Charles Garnier's Paris Opera: Architectural Empathy and the Renaissance of French Classicism, and: In the Theatre of Criminal Justice: The Palais de Justice in Second Empire Paris." Modernism/modernity 1, no. 3 (1994): 269–73. http://dx.doi.org/10.1353/mod.1994.0040.
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Budianto, Agus. "A Comparative Study of French, British, Dutch, and Russian External Supervisory Agencies of Investigators and Prosecutors within Integrated Criminal-Justice-System." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 5, no. 3 (January 19, 2019): 527–42. http://dx.doi.org/10.22304/pjih.v5n3.a7.
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Đurđevć, Zlata, Marin Bonačić, and Marija Pleić. "RULE OF LAW CONCERNS IN THE CROATIAN PENAL ORDER PROCEDURE LINKED TO DEPRIVATION OF LIBERTY, JUDICIAL CONTROL, ADMISSIBILITY OF EVIDENCE AND PROCEDURAL RIGHTS." Pravni vjesnik 37, no. 1 (April 2021): 57–82. http://dx.doi.org/10.25234/pv/13884.
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The paper analyses the mechanism of a penal order as a consensual procedure aimed at relieving the criminal justice system in cases of minor criminal offences by avoiding a trial. The study aims to analyse the Croatian normative framework and case law in order to determine the distinctive traits of the penal order procedure in a comparative legal context, disclose the procedural reality and detect its shortcomings. The paper focuses on the substantive and procedural requirements for the issuing of a penal order, the judicial control of the indictment requesting a penal order, the defence rights in the proceedings before the issuing of a penal order and the position of the victim. These key elements were researched through normative, theoretical and comparative analysis of German, Austrian, Italian and French law and conclusions were tested in the case law of the Municipal Criminal Court in Zagreb and the Municipal Court in Split. The results of the research reveal that the expansion of the application of the penal order to graver offences punishable by five years of imprisonment and to more severe penalties such as deprivation of liberty, as well as deviations from some fundamental criminal procedural principles inherent in the penal order procedure, raise the question of providing adequate procedural guarantees for the defendant and the victim.
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Arifi, Besa. "THE LEGAL REASONING OF THE PRESIDENT’S RIGHT TO ISSUE PARDONS." SEEU Review 12, no. 2 (December 20, 2017): 32–61. http://dx.doi.org/10.1515/seeur-2017-0017.
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Abstract Presidential pardon has always existed in criminal law and continues to constitute a very important competence of the head of state in many modern day countries. In the past, the clemency given by the sovereign (usually the king/queen or the emperor/empress) represented an act which showed his/her mercy upon their subjects. It was often used as a tool to show the arbitrary will of the sovereign that constituted the law, rather than the law itself. Therefore, the classical school of criminal law that appeared in the 18th century and emphasized the importance of the principle of legality, opposed harshly every kind of arbitrary deciding that excluded the law at the interest of the sovereign. This school is among the only interpretations of criminal law that engages for a complete abandonment of institutes such as pardon or amnesty. The revolutionary French Penal Code of 1791, which was strongly influenced by the classical school, excluded clemency for the proved wrongs that were severely punished. However, due to imperfections of the criminal justice system, amnesty (given by the parliament) and pardon or clemency (given by the head of the state), continue to exist and to be used in modern day criminal law. They are no longer considered acts of arbitrary decisions of the sovereign, instead they should represent important instruments of criminal law, used rarely and wisely with specifically designed goals that aim to bring justice rather than deny it. However, there are many cases when these institutes have been inappropriately used in a very arrogant way which shows that the ancient regime is not yet over for some countries in which the highest institutions continue to act as old and middle age despots. This article will analyze the legal reasoning of the institution of presidential pardon. It will try to establish why the classical school was so strictly opposed to this institute making use of the studies and interpretations found in the writings of Cesare Beccaria. It will explain the philosophy of modern day institutions of amnesty and pardon and the way in which they are regulated in the legal theory and practice. The article will explain the recent developments in Macedonia in regard to the use of presidential pardon. The methods to be used consist of desk research, historical and comparative methods and analysis of legal texts, laws and judicial decisions.
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Vahedi, Hassan, Abdolvahid Zahedi, and Firooz Mahmoudi Janaki. "Evaluation of The Role and Position of Dispute Resolution Councils In Iran's Criminal Policy In Comparison with Similar Institutions In The French Judiciary." Jurnal Cita Hukum 9, no. 2 (August 31, 2021): 237–58. http://dx.doi.org/10.15408/jch.v9i2.21744.
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The Dispute Resolution Council was established as a public institution in the last few decades to reduce the number of cases sent to the judiciary in Iran and strengthen public participation and increase the role of the people in criminal justice policy. Although the activities of this institution in recent years have led to a decrease in the number of cases sent to judicial institutions, but its public aspect was not fulfilled as intended. In addition, the law of this council has many contradictions with the constitution with limitations and problems in the legal and structural field that have affected its functions. However, the role of the people is significant in similar institutions in the legal system of the Common Law and France, while strengthening the participatory aspect. This issue has been an effective measure in strengthening participatory criminal policy in these countries. The purpose of this research was to investigate the criminal policy of the Dispute Resolution Council and similar institutions in France.Keywords: Dispute Resolution Council, French Law, Iranian Criminal Justice Policy Evaluasi Peran dan Kedudukan Dewan Penyelesaian Sengketa Dalam Kebijakan Pidana Iran Dibandingkan dengan Institusi Serupa di Peradilan Prancis AbstrakDewan Penyelesaian Sengketa didirikan sebagai lembaga publik dalam beberapa dekade terakhir untuk mengurangi jumlah kasus yang dikirim ke peradilan di Iran dan memperkuat partisipasi publik dan meningkatkan peran masyarakat dalam kebijakan peradilan pidana. Meskipun kegiatan lembaga ini dalam beberapa tahun terakhir telah menyebabkan penurunan jumlah kasus yang dikirim ke lembaga peradilan, tetapi aspek publiknya tidak terpenuhi sebagaimana dimaksud. Selain itu, undang-undang dewan ini memiliki banyak kontradiksi dengan konstitusi dengan keterbatasan dan masalah di bidang hukum dan struktural yang mempengaruhi fungsinya. Namun, peran masyarakat cukup signifikan dalam lembaga sejenis dalam sistem hukum Common Law dan Perancis, sekaligus memperkuat aspek partisipatif. Isu ini telah menjadi langkah yang efektif dalam memperkuat kebijakan kriminal partisipatif di negara-negara tersebut. Tujuan dari penelitian ini adalah untuk mengetahui kebijakan kriminal dari Dispute Resolution Council dan lembaga sejenis di Perancis.Kata Kunci: Dewan Penyelesaian Sengketa, Hukum Prancis, Kebijakan Peradilan Pidana Iran Оценка роли и позиции советов по решению спорных вопросов В уголовной политике ирана по сравнению с аналогичными учреждениями во французской судебной системе АннотацияСовет по решению спорных вопросов был создан как государственное учреждение в последние десятилетия для сокращения количества дел, передаваемых в судебные органы в Иране, и расширения участия общественности и повышения роли общественности в политике уголовного правосудия. Хотя деятельность этого учреждения в последние годы привела к уменьшению количества дел, направляемых в судебные органы, общественный аспект не выполняется должным образом. Кроме того, закон этого совета имеет много противоречий с конституцией с ограничениями и проблемами в правовой и структурной областях, которые влияют на его функционирование. Тем не менее, роль сообщества весьма значительна в аналогичных учреждениях в системе общего права и правовой системы Франции, а также в усилении аспекта участия. Этот вопрос стал эффективным шагом в укреплении совместной уголовной политики в этих странах. Целью данного исследования является определение уголовной политики Совета по разрешению спорных вопросов и аналогичных учреждений во Франции.Ключевые Слова: Совет по решению спорных вопросов, Французское право, политика в области уголовного правосудия в Иране
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Utkina, M. S. "On issue of criminal liability for violations of intellectual property rights." Legal horizons, no. 21 (2020): 101–4. http://dx.doi.org/10.21272/legalhorizons.2020.i21.p101.
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The issues of criminal liability for violations of intellectual property rights in Ukraine as well as examples of foreign countries (Federal Republic of Germany, French Republic, United States of America, Swiss Confederation) were analyzed. The author has identified major international instruments that set out basic international standards for the protection of intellectual property rights. It has been determined that Article 61, Section 5, of the Agreement on Trade-Related Aspects of Intellectual Property Rights, or the TRIPS Agreement, lays down provisions on criminal proceedings. The author analyzed the provisions of the current criminal legislation of Ukraine, according to which the occurrence of criminal liability is possible in case of violation of property rights of owners, without taking into account personal non-property rights. The article also states that, in accordance with the provisions of the articles of the Criminal Code of Ukraine, a peculiarity of domestic criminal legislation on infringement of intellectual property rights is that this type of liability can occur only if the owner of the rights of property damage in a large, large or especially large size. With regard to the Institute of Industrial Property, the Criminal Code of Ukraine provides for liability for the unlawful use of an invention, utility model, industrial design or variety of plants, if the material damage was done, as previously stated, in a significant, large or particularly large sizes. The author has determined that the urgency of the solution requires the issue of extending legal protection to new and emerging technologies. As with this, the nature of the violations and the process itself change. Against this background, there is a serious challenge to the intellectual property system. In turn, the process of protection and protection of intellectual property may be enhanced by having an adequate and effective system of state mechanism for preventing and ending offenses. It can also be achieved by simplifying the process of proving infringement in the field of intellectual property, and thus the procedure for bringing the perpetrator to justice.
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Sindjoun, Luc. "Beigbeder, Yves, Judging War Crimes, and Torture. French Justice and International Criminal Tribunals and Commissions (1940-2005), Leiden, Martinus Nijhoff Publishers, 2006, 377 p." Études internationales 38, no. 4 (2007): 592. http://dx.doi.org/10.7202/018289ar.
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Atour, Rana. "The Punitive Authorities of Independent Administrative Bodies and Its Role in Widening the Circle of Criminality." International Law Research 6, no. 1 (October 30, 2017): 156. http://dx.doi.org/10.5539/ilr.v6n1p156.
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The punitive authorities of independent administrative bodies and their role in the widening circle of criminality have been the main focus of the study. The study has evaluated the criminal justice agencies, such as the French Constitutional Council and the European Court of Human Rights. Some domestic courts have been playing a vital role in enhancing the criminal proceedings for administrative offences. The role of penal legislation is essential to find, so the study reviewed the role of punitive authorities of independent administrative bodies in widening the circle of criminality. The independent administrative bodies in the economic activity lack legal guarantees and consecration that may be deliberated, and practiced under the guise of flexibility and speed to ensure effective economic state. Penal legislator should punish the offenders following the acts of disciplinary sanctions and administrative bodies. It has been observed that there are still some differences and imperfections in nature among countries concerning the national legislations. Decisions and judgments are issued by the administrative bodies; whereas, some large administrative bodies are found in the areas with greater economic activities. It has been found that there is lack of legal guarantees and consecration, which may be practiced to ensure the efficient economic state. The independent administrative authorities do not violate the legal provisions, which governs the sectors. The study has concluded that the power of punishment is no longer effective to the criminal judge. The independent administrative authorities do not violate the constitution and the legal provisions, governing the sectors.
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Pilbeam, Pamela M. "In the Theater of Criminal Justice: The Palais de Justice in Second Empire Paris. Katherine Fischer TaylorBroken Tablets: The Cult of the Law in French Art from David to Delacroix. Jonathan P. Ribner." Journal of Modern History 68, no. 1 (March 1996): 203–4. http://dx.doi.org/10.1086/245311.
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Spierenburg, Pieter. "Punishment, Power, and History." Social Science History 28, no. 4 (2004): 607–36. http://dx.doi.org/10.1017/s0145553200012864.
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This article reevaluates the work of Michel Foucault and Norbert Elias, in so far as it relates to criminal justice history. After an examination of the content of Foucault’s Surveiller et punir (1975), it discusses Foucault’s receptions among criminal justice historians. Some of the latter appear to have attributed views to the French philosopher that are not backed up by his 1975 study. Notably the “revisionist” historians of prisons have done so. As a preliminary conclusion, it is posited that Foucault and Elias have more in common than some scholars, including the author in earlier publications, have argued. They resemble each other to the extent that they both thought it imperative to analyze historical change in order to better understand our own world.Nevertheless, Elias is to be preferred over Foucault when it concerns (1) the pace of historical change and (2) these theorists’ conception of power. It is demonstrated that Foucault’s notion of an abrupt and total change of the penal system between 1760 and 1840 is incongruent with reality and leads to ad hoc explanations. Rather, a long-term change occurred from about 1600 onward, while several elements of the modern penal system (as claimed by Foucault) did not become visible until after 1840. With respect to the concept of power, Elias and Foucault converge again on one crucial point: the notion of the omnipresence of power. However, whereas Elias defines power as a structural property of every social relationship and acknowledges its two-sidedness, Foucault’s concept of power has a more top-down character, and he often depicts power as an external force that people have to accommodate. Although Foucault’s notion of the interconnectedness of power and knowledge is valuable, Elias has a more encompassing view of sources of power.
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Rekosh, K. Kh. "Multilingualism as a Principle of the EU Court of Justice." MGIMO Review of International Relations, no. 6(39) (December 28, 2014): 245–52. http://dx.doi.org/10.24833/2071-8160-2014-6-39-244-252.
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Since the jurisprudence reflects relations between the institutions, bodies and organizations of the EU and native speakers, the EU Court of Justice plays a huge role in shaping the legal discourse. Relations between the EU and citizens show the effectiveness of the principle of multilingualism, that is apparent before the Court. The enlargement of the Union to 28 member States and, accordingly, the increase of the number of official languages to 24 complicate the implementation of the principle of multilingualism and create many problems for the EU Court of Justice: legal, linguistic, budget, translation. All documents of the Court are not translated into 24 EU official languages completely and often limited to summaries. All documents are translated only into French and proceeding languages, for the scale of the translation work have a direct impact on the timing of legal proceedings. To provide help in written translations, much work is carried out in the Court on drawing up dictionaries, thesauri, where multilingualism is fully manifested. On the use of languages and language regime, There is an extensive legal practice, however, the term «multilingualism» is not used by the Court, despite the recognition of the principle of equality of all official languages, perhaps, due to the fact that the Court itself not always follows it. The article shows that multilingualism as a legal concept and principle opens up, sometimes adjacent to the already distinguished objects of regulation, new areas of legal research. Comparison of legal solutions to the problems of multilingualism in different states with a variety of languages, law and order, or in international organizations, lays basis of "comparative linguistic law" Now in the doctrine of law of the European Union neither the linguistic law, nor the comparative linguistic law do not exist, but to provide cooperation in the field of justice and mutual recognition of judicial decisions on the basis of the principle of multilingualism, the EU has adopted the Directive on the right to interpretation and translation in the framework of criminal proceedings.
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Cavalieri, Silvia, and Chiara Preite. "Genre Variation and Changes in Frame Sequences Across Cultures: The Case of Criminology RA Abstracts in English and French." Studies in Logic, Grammar and Rhetoric 49, no. 1 (March 1, 2017): 37–53. http://dx.doi.org/10.1515/slgr-2017-0003.
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Abstract Though not as widely studied as the Research Article (RA), the abstract has attracted increasing interest among researchers over last decades (Swales 1990, Bhatia 1993, Dos Santos 1996, Lorés-Sanz 2008, Bondi/Cavalieri 2012, Cavalieri 2014). A number of contrastive or comparative studies of abstracts in English and other languages (Martín-Martín 2005, Lorés Sanz 2006, Van Bonn & Swales 2007, Diani 2014) have already been carried out considering mainly the hard sciences and some soft sciences such as linguistics and history, however no cross-cultural analyses have been conducted so far between RA abstracts in English and RA abstracts in French published in the legal field. This paper seeks to investigate genre variation and changes in frame sequences comparatively in English and French RA abstracts from criminology journals. Using a genre analytical approach to qualitative and quantitative data, the paper reports on two comparable corpora, i.e. English and French, of electronically retrieved abstracts from Criminology Journals published in 2014. The two corpora are composed of three journals per language, namely Criminology, Journal of Criminal Justice, Journal of Criminal Law and Criminology for the English corpus, and Champ Pénal, Criminologie, Revue Canadienne de Droit Pénal et Criminologie for the French corpus. The analysis will be carried out following two main steps, i.e. a macro-analysis and a micro-analysis. In the former step, the corpora are compared by the analysis and discussion of the basic IMRD rhetorical move structure for the RA often proposed in the literature (e.g. Nwogu 1990; Swales 1990; Bhatia 1993; Ventola 1994; Martín-Martín 2002) and the additional five moves model postulated by Dos Santos (1996) with the aim of investigating the linguistic and rhetorical variation in the abstract genre from a cross-cultural perspective. In the latter, we look at frame sequences (Bondi/Cavalieri 2012) combining forms of self-mentions and frame markers (Hyland 2005), i.e. personal patterns (e.g. we argue / nous questionnons), impersonal patterns (e.g. it is argued / il est question) and locational patterns (e.g. the paper argues / l’article questionne) (Dahl 2004). Provisional results show that the abstracts under investigation largely follow the international conventions based on the norms established by the English-speaking international academic community. However, variation across the two cultures emerged from the linguistic realizations of framework sequences. Cross-cultural implications are discussed at the close.
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Frase, Richard S. "Comparative Criminal Justice as a Guide to American Law Reform: How Do the French Do It, How Can We Find out, and Why Should We Care?" California Law Review 78, no. 3 (May 1990): 539. http://dx.doi.org/10.2307/3480841.
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Carraz, Damien. "A JUSTIÇA DO COMENDADOR (BAIXA PROVENÇA, SÉCULO XIII) - DOI: http://dx.doi.org/10.5216/rfd.v39i1.36481." Revista da Faculdade de Direito da UFG 39, no. 1 (June 30, 2015): 53. http://dx.doi.org/10.5216/rfd.v39i1.36481.
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RESUMO: As ordens militares, como senhores eclesiásticos, exerceram a justiça temporal sobre populações das quais elas estavam encarregadas. A historiografia, se ele se interessou pelos conflitos de jurisdição que opuseram os poderes soberanos às comendadorias, subestimou, salvo exceções, as atividades judiciárias destas últimas. Os ricos arquivos das ordens do Hospital e do Templo, no Midi Francês, fornecem belas séries de atas da prática judiciária – clamores, inquéritos criminais, processos verbais de condenações... O caso dos dois senhorios templários de Lansac e de Montfrin e as comparações oferecidas pela importante jurisdição hospitalária de Manosque, recentemente e notavelmente estudada, autorizam uma contribuição sobre o papel dos irmãos guerreiros na difusão dos usos jurídicos e no controle social. O pessoal empregado no serviço destas pequenas justiças senhoriais, os procedimentos utilizados pela justiça criminal, a repressão da delinquência ordinária que assolava estes castra da Baixa Provença e, enfim, os limites opostos ao poder coercitivo do Templo pela organização das comunidades e pelo reforço do Estado foram sucessivamente evocados. O funcionamento, os ideais almejados, assim como a ação repressiva, pouco evidenciam a especificidade desta justiça da Igreja que não recusava o exercício do merum imperium e a aplicação das penas aflitivas. Centradas sobre o século XIII, período de transição na história do procedimento, estas primeiras observações desejariam ser prosseguidas para os dois séculos seguintes: a originalidade da justiça do Hospital, com a instauração de uma ordem moral, mais do que cívica, apareceria mais, tanto que seria necessário avaliar a resistência destes senhorios às reconquistas jurisdicionais do Estado principesco. ABSTRACT:The military orders, as ecclesiastical gentlemen, exercised the temporal justice over populations which they were in charge of. The historiography, if he got interested about the jurisdiction conflicts that have opposed the sovereign powers to the commanderies, underestimated, with some few exceptions, the judicial activities of these last ones. The rich archives from the orders of the hospital and the temple, at the French Midi, provide beautiful series of the judicial practices - clamors, criminal investigations, verbal processes of condemnations... The case of the two templary landlords of Lansac and of Montfrin and the comparisons offered by the important hospitaller jurisdiction of Manosque, recently and notably studied, authorize an contribution over the role of the warrior brothers on the difusion on the juridical uses and on the social control. The people who ar e employed on the service of those small stately justices, the procedures used by the criminal justice, the repression of the ordinary delinquency that plagued those castra of the Low Provence and, ultimately, the limits opposed to the coercive power of the temple for the organization of the communities and for the reinforcement of the state were successively evoked. The operation, the desired ideals, just like the repressive action, do not show at all the specificity of the church's justice which wouldn't refuse the exercise of merum imperium and the application of the afflictive feathers. Centered over the 13th century, period of transaction on the history of procedure, these first observations would desire to be pursued for the two following centuries: the originality of the hospital's justice, with the establishment of a moral order, more than civic, would appear so much more that it would be necessary to evaluate the resistance of tho se landlords to the court re-conquests of the princely State.
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Taleb, Akila, and Thomas Ahlstrand. "The public prosecutor, its role, duties and powers in the pre-trial stage of the criminal justice process ? a comparative study of the french and the swedish legal systems ?" Revue internationale de droit pénal 82, no. 3 (2011): 523. http://dx.doi.org/10.3917/ridp.823.0523.
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PAULINI, Sophia. "Fact or Fiction? Case C-616/17 and the Compatibility of the EU Authorisation Procedure for Pesticides with the Precautionary Principle." European Journal of Risk Regulation 11, no. 3 (April 21, 2020): 481–97. http://dx.doi.org/10.1017/err.2020.19.
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This contribution analyses whether the Court of Justice of the European Union (CJEU) provides clarifications on the normative implications that the precautionary principle entails in the context of Regulation 1107/2009, laying out the EU authorisation procedure for pesticides, in its recent judgement in Case C-616/17. In this judgement, which is a response to a request for a preliminary ruling by a French criminal court on the compatibility of certain aspects of Regulation 1107/2009 with the precautionary principle, the CJEU concludes that the questions of the referring court reveal nothing capable of affecting the validity of the regulation. According to the CJEU, to ensure conformity with the precautionary principle, the EU legislature must establish a normative framework that makes available to competent authorities sufficient information to adequately assess the risks to health resulting from the pesticide in question. However, the CJEU’s substantive analysis of the compatibility of the different aspects of Regulation 1107/2009 with the precautionary principle is not conducted concretely in light of this legal standard, but constitutes a mere testing of the general adequacy of Regulation 1107/2009. Furthermore, the CJEU’s judgement examines Regulation 1107/2009 in a vacuum without considering problems that have occurred in its implementation or application.
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Nestertsova-Sobakar, Oleksandra. "Statute of civil proceedings of 1864: history of adoption, main provisions and its impact on the Ukrainian provinces." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (December 29, 2020): 95–100. http://dx.doi.org/10.31733/2078-3566-2020-4-95-100.
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The article deals with the main factors that caused the authorities to take the steps of fundamental changes in the civil procedural legislation of the Russian Empire. It has been pointed out that in the 1840s, Nicolas I paid attention to the problems, and in 1848 issued a resolution demanding the creation of a special institution for drafting amendments to the legislation. The study highlights the process of drafting and preparing project of the law. It is noted that the French experience (Code of 1806), as well as the achievements of Austria and Prussia in the field of civil process, were used in the drafting of the Statute, which at that time scientists critically and analytically worked on foreign regulations. It is stated that the authorities rejected the idea of changing the existing system of civil procedural legislation and decided to implement a radical reform. It is said that the experts identified and grouped the major shortcomings that led to the unsatisfactory state of civil proceedings (25 points in total), and highlighted the main progressive and necessary provisions that were included in the new Civil Procedure Statute (competitive nature of the process, publicity streamlining the effective vertical of the courts, introducing the concept of a jury). Due to the reform of 1864, civil justice was separated from criminal justice. The structure of the Statute of Civil Procedure (general provisions, four books, totaling 1460 articles) is also covered. The article deals with the differences in the implementation of the Charter (simultaneous or phased implementation). The question of the extension of the force of law in the territory of the Ukrainian provinces is raised (in 1868 the Charter came into force in Kharkiv for the first time in Ukrainian lands and later in the South and Right-Bank Ukraine).
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Emadoleslami, Zahra, and Hadi Ghorbani. "Preliminary Phase of the Right of Assessment in Iran and France with Emphasis on One Article to Respect Legal Freedom and Protection of Citizenship Rights." Jurnal Cita Hukum 7, no. 3 (December 18, 2019): 335–50. http://dx.doi.org/10.15408/jch.v7i3.11542.
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Abstract The right of citizenship in criminal law is one of the important cases in the field of human rights and has received attention from various human rights documents. In Iran's criminal law in various cases also respect to legal freedom and protection of citizenship rights. Besides trying to give more attention to citizenship rights based on fair assessment. An important question that can be raised in is howthe regulation to respect the legal freedom and protection of citizenship rights in Iranian law proportional to French law in terms of a fair assessment? The findings from this survey show that there is a compilation of regulation respecting legal freedom and protecting citizenship rights. In addition, there is an internalization effort to pay attention the human rights in criminal justice, in the form of action to eliminate the aggression against the rights of citizen and this rule emphasizes cases that consistent with French law. In the rules of respect for legal freedom and protection of citizenship rights, such as the rights of convicted people in France, it has emphasized the existence of freedom, personal security, prohibition of torture, self-respect of the accused by defending their rights and protecting themselves.Keywords: Freedom of law, human rights, citizenship rights, fair assessment, Iranian law, French law AbstrakHak kewarganegaraan dalam hukum pidana adalah salah satu kasus penting di bidang hak asasi manusia dan telah mendapatkan perhatian dari berbagai dokumen hak asasi manusia. Dalam hukum pidana Iran dalam berbagai kasus juga memberikan penghormatan terhadap kebebasan hukum dan perlindungan hak kewarganegaraan. Selain diupayakan untuk memberikan perhatian lebih terhadap hak kewarganegaraan berdasarkan penilaian yang adil. Pertanyaan pentingdalam hal ini adalah seberapa besar aturan penghormatan terhadap kebebasan hukum dan perlindungan hak kewarganegaraan dalam hukum Iran berbanding lurus dengan hukum Prancis dalam sudut pandang penilaian yang adil? Temuan-temuan dari survey ini menunjukkan bahwa adanya kompilasi aturan penghormatan terhadap kebebasan hukum dan perlindungan hak kewarganegaraan. Selain itu, adanya upaya internalisasi untuk memberikan perhatian terhadap hak asasi manusia dalam peradilan pidana, berupa tindakan untuk menghapus tindakan agresi terhadap hak-hak warga negara, dan aturan ini menekankan pada kasus-kasus yang relevan dengan hukum Prancis. Dalam aturan penghormatan terhadap kebebasan hukum dan perlindungan hak-hak kewarganegaraan, seperti hak-hak terpidana di Perancistelah ditekankan pada adanya kebebasan, keamanan pribadi, larangan penyiksaan, penghargaan diri orang yang tertuduh dengan membela hak-hak dan melindungi diri pribadi.Kata kunci: Kebebasan hukum, hak asasi manusia dan hak kewarganegaraan АннотацияПраво на гражданство в уголовном праве является одним из самых важных в области прав человека и привлекает внимание в различных документах по правам человека. В Иране уголовное право в различных случаях также уважает правовую свободу и сохранение гражданских прав и стремится уделять больше внимания гражданским правам на основе справедливого суждения. Важный вопрос, который может быть поднят в этом отношении, заключается в том, насколько правило уважения к правовой свободе и сохранению гражданских прав в иранском законодательстве прямопропорционально французскому законодательству с точки зрения справедливого суждения. Результаты этого исследования показывают, что существует свод правил, которые уважают правовую свободу и сохранение гражданских прав. Кроме того, предпринимаются усилия по интернализации, направленные на то, чтобы уделять внимание правам человека в сфере уголовного правосудия в форме ликвидации действий агрессии против гражданских прав. Данное положение подчеркивает случаи, которые соответствуют французскому законодательству. В правилах уважения правовой свободы и сохранения гражданских прав, таких как права осужденных во Франции, подчеркивается существование свободы, личной безопасности, запрета пыток, самооценки обвиняемого путем защиты их прав и себя. Ключевые слова: правовая свобода, права человека, гражданские права, справедливое суждение, иранское право, французское право
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Jasiński, Wojciech, Dorota Czerwińska, and Artur Kowalczyk. "The Optimum Model of Compensation for Wrongful Detention on Remand – A Comparative Perspective." osteuropa recht 65, no. 2 (2019): 263–85. http://dx.doi.org/10.5771/0030-6444-2019-2-263.
Full textAbstract:
The aim of the paper is to conduct a comparative analysis of regulations regarding compensation for wrongful detention on remand in three continental law states - Germany, France and Poland - in order to identify the similarities and differences between the adopted provisions and critically assess their advantages and disadvantages from the perspective of an optimum model of such compensation. Legal regulations regarding compensation for wrongful preliminary detention are matter of crucial importance, because they not only protect the right to liberty, by making the State accountable for its violations, but also strengthen confidence in criminal justice system. If the state is granted power to do justice and that prerogative is be to accepted by individuals, there has to exist an effective mechanism of compensating damages resulting from defective functioning of courts. The significance of the above-mentioned mechanism is visible especially in situations where the deprivation of liberty occurs before the final judgment is passed. In such cases those who are detained are people protected by the presumption of innocence. Wrongful detention of an innocent person is a particularly serious case, calling for a firm and speedy reaction of the State. Analysis of German, French and Polish regulations concerning compensation for wrongful detention on remand includes their brief history, grounds for claiming compensation, exemptions from state’s liability and analysis of procedure allowing to demand compensation. The comparison between two major Western European jurisdictions (Germany and France) and major Central and East European jurisdiction (Poland) indicates that there are remarkable differences between regulations regarding compensation for wrongful preliminary detention. They concern grounds for compensation, exemptions from state liability and, particularly, the mode of claiming compensation. The differences between analysed legal systems justify a critical analysis of adopted provisions in order to establish which model, using the expression of the European Court of Human Rights, best guarantees that the right to compensation for wrongful detention is practical and effective, not theoretical or illusory.