The study aims at evaluating the penalty of semi- intentional killing felony in the Egyptian and Algerian criminal law following the Islamic Law (Shari'a). The study used the descriptive, ...evalutive and analytical methodology to reach the topic in question. To meet the theoretical significance of the study, much data has been collected to give a comprehensive picture about the topic under examination. As for the practical significance of the study, it helps the juridical power to reconsider and phrase the legal materials of the semi-intentional killing penalty based on the Islamic law. The study has come to the conclusions that the Islamic Law (Shari'a) imposes a compensation (blood-money) to be given to the deceased family and an act of expiation as a penalty against those who proved committed of intentional killing felony. However, the Egyptian Penal Law imposes hard labor/imprisonment as an alternative penalty against this felony. On the other hand, the Algerian Criminal law imposes imprisonment as an alternative penalty to this felony. Consequently, the penalties prescribed by both Egyptian and Algerian Laws contradict with what Islamic Law (Shari'a) necessitates. The study recommended that the Egyptian and the Algerian Criminal laws to activate the Islamic law represented by the compensation (blood-money) and act of expiation as a penalty to this crime.
The aim of this study is to understand if criminalising bullying is a solution to counter and prevent the phenomenon. The Italian legislative proposal of criminalisation offers hints to discuss about ...a general problem while underlining that the penal solution is not the answer to solve a complex social problem as bullying (and cyberbullying) is. The creation of a specific crime determines a simplification of the question because it concentrates the attention on the dyad bully-victim, without considering the essential role of the group. Taking into account the role of the group and the relationship between the bully and the group implies a systemic approach.
This article explores the main trends observed in the evolution of the populations registered in the Portuguese prison system between 2000 and 2017. Based on an analysis that spans the changes in the ...field of Criminal Law, official statistical data, and national and international studies and reports on the application of the prison sentence in the country, we aim at understanding and identifying some of the challenges posed to the prison system by the movement of the prison population, as well as by the changes registered in the profile of this population. The evolution and trends identified make it possible to inquire about the impact of the law and to help identify some of the paths that remain to be traced in response to the international legal imperatives in matters of the incarcerated population.
The article presents the figure and the most important scientific achievements
of Romuald Hube in the field of the science of criminal law, as well
as the legislative work conducted on the criminal ...law of Russia and the
Kingdom of Poland. Romuald Hube is undoubtedly an extremely significant
figure in the Polish science of criminal law, although this branch of
law was only a part of his scientific interests. It should be emphasized,
however, that Romuald Hube significantly developed the science of criminal
law, also in its global dimension. Moreover, through his work in the
state administration, he actively participated in the creation of this branch
of law. He lived and worked in an extremely complicated period due to social
changes and an unfavourable geopolitical situation for Poland. Due
to the fact that his life and work were associated with a foreign country,
Romuald Hube was a scientist often criticized in Poland and ostracized
in the community. Hube’s unquestionable contribution to the body of
criminal law, with relatively little exploration of it in the doctrine, implies
a need to remind the reader of the scholar’s profile.
This article offers a theoretical approach to criminalisation in relation to sexual harassment, using Sweden as example. The topic is spurred by two separate but interrelated phenomena. The first is ...the #metoo movement, which raised not only awareness of the widespread problem of sexual harassment, but also questions as to whether criminal law can provide a proper response. The second is a growing concern, both in international research and among Swedish activists, that the feminist struggle against sexual violence is turning towards punitive measures. Taking the standpoint that feminist research and activism should engage in a critical conversation with criminal law and crime policy, this article employs Kelly’s concept of the continuum of sexual violence to analyse the scope for criminal law interventions regarding men’s intimate intrusions against women. Swedish criminal regulation is used to highlight some of the challenges of designing a criminal provision that considers the individual effects as well as the cumulative and collective impacts of sexual harassment.
Resumo: A prostituição é um fenómeno social complexo. A sua análise é indissociável de uma abordagem de género, uma vez que a vasta maioria da população que se encontra nesta atividade são mulheres, ...quer tenham sido alvo de tráfico ou não. Este artigo pretende centrar-se numa abordagem sociojurídica do fenómeno da prostituição em que se atenda ao contexto social da mesma desde uma perspetiva cercana à Criminologia/Vitimologia quanto às políticas criminais e o tratamento jurídico do fenómeno. Neste sentido, o primeiro ponto abordado neste artigo será um breve contexto sobre os discursos que emergem da prostituição no contexto feministas, associando esta análise aos discursos feministas que emergem em torno desta atividade, por um lado, concetualizando-a como uma forma de violência e opressão contra as mulheres, e por outro, como uma regular atividade profissional desenvolvida no contexto da economia de mercado capitalista. Seguidamente iremos focar quais os modelos jurídicos existentes para lidar com este fenómeno, em especial em Portugal, desde uma análise histórica até mais atual, olhando para a sua aplicabilidade em diferentes países ainda hoje. Por último, iremos dissecar a questão do lenocínio acerca da sua aplicabilidade e constitucionalidade com posições e argumentos doutrinais e jurisprudenciais. O objetivo primordial deste artigo é realizar um debate acerca do modelo criminal que melhor possa lidar com a questão da prostituição ou do trabalho sexual. Pretende-se que o presente artigo tenha um contributo importante no debate legislativo acerca da questão do lenocínio no contexto português, debatendo a sua constitucionalidade e a sua eficácia enquanto norma sancionatória prevista no Código Penal Português. Pretende-se, de igual forma, que este artigo possa contribuir com diversos argumentos, refutando ou apoiando, a constitucionalidade do crime de lenocínio da ordem jurídica portuguesa, debate de imenso interesse para lidar com um fenómeno social bastante complexo.
Before 1981, the death penalty was the ultimate punishment, reserved for the worst criminals. Unless they were spared due to mitigating circumstances, those found guilty of premeditated or aggravated ...murder were sentenced, in accordance with the penal code, to an ignominious beheading. These people often came from marginal backgrounds. However, criminals who were sentenced to death were not entirely beyond redemption. The President could always grant them pardons and spare them the guillotine. They were then sent to the hard labour camps in French Guyana – another form of elimination, but one which was considered a second chance. From 1908 to 1914, only a minority (less than a third) of these convicts were actually considered to be beyond any form of redemption and undeserving of survival. To help the President make decisions in these matters, the Ministry of Justice sought the advice of those who had worked on these cases (the judge and public prosecutors). Our intention is to look at how the magistrates justified their advice, with reference to reports stored in government and presidential archives. This study fits into a wider field – indeed, recent “moral sociology” studies pay close attention to how the various participants in the penal chain justified their decisions. Judges took into account some general characteristics relating to age, social status and recidivism. But, more than anything, the attitude of the criminal during the trial or in prison, and any display of cynicism, or even of outrageous behaviour, were key factors in the issuing of death sentences. These could be seen as signs that any attempt at “moral correction” would be doomed to failure. Moreover, the severity of the judges was underpinned by the concept of retribution. The issue of “responsibility” was then paramount. The need to create a deterrent effect was also important. The judges’ reports show us that Christian and spiritualist ways of thinking had a profound influence on the practice of penal law – far removed from the growing positivist theories of “social defence”.
Peut-on raisonnablement défendre la suppression de l’évaluation du discernement dans l’appréciation de la responsabilité pénale des infracteurs ? Si une telle question peut à première vue sembler ...purement rhétorique, de récentes propositions de réforme de l’article 122-1 du Code pénal suggèrent qu’il n’en est rien. Une recommandation, publiée dans les Annales Médico-Psychologiques (Bouchard, 2018), de réécriture dudit article s’appuie même explicitement sur une argumentation en faveur de l’abandon des concepts – légitimement jugés insuffisamment précis – d’abolition et d’altération du discernement, auxquels devrait se substituer l’idée, supposément moins équivoque, d’un lien de causalité nouant (de façon « exclusive » ou non) la présence d’un trouble mental et la commission des faits. Nous nous proposons ici de démontrer en quoi le raisonnement censé justifier l’évacuation de l’examen de la qualité du discernement – remplacé par une estimation de type causal particulièrement ambitieuse – repose sur des prémisses éminemment controversables et nous achemine en outre vers d’insurmontables difficultés évitées par le texte actuel.
Can one reasonably defend the suppression of the investigation of discernment in the assessment of the criminal responsibility of offenders? While such a question may at first glance seem purely rhetorical, recent proposals for reform of article 122-1 of the Penal Code suggest that this is not the case. A recommendation, published in the Annales Médico-Psychologiques (Bouchard, 2018), to rewrite this article is in fact explicitly based on an argument insisting on the desirable removal of the concepts – legitimately judged insufficiently precise – of abolition and alteration of discernment, which should be replaced by the idea, supposedly less equivocal, of a causal link (“exclusive” or not) between the presence of a mental disorder and the commission of the offence. In this paper, we propose to demonstrate how such an evacuation of the examination of the quality of discernment – intended to be replaced by a particularly ambitious causal type analysis – is incoherent and moreover produces insurmountable difficulties avoided by the current text.
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