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National Security Whistleblowing. Reflections on the Rationale for Exempting from Criminal Liability the Unauthorised Disclosure of Classified Information for the Purpose of Exposing State Wrongdoing Criminal Law Forum (IF 0.9) Pub Date : 2024-08-08 Tatiana Stoco
The disclosure of wrongdoings by whistleblowers is currently encouraged by numerous countries. However, when it comes to disclosures involving illegal state secrets in matters of national security, there is a very different legislative treatment worldwide. Whistleblowers who disclose classified information with the purpose of revealing wrongdoings are usually convicted for espionage or other related
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Judging Gender: The Sentencing of South African Mothers Who Murder Their Children Criminal Law Forum (IF 0.9) Pub Date : 2024-06-28 Amanda Spies
Women who commit filicide are not only judged for their crime but also for their compliance/deviation from societal expectations of motherhood. Motherhood is interpreted through a specific set of socio-cultural norms with mothers needing to be loving, warm, selfless, and protective at all times. Any deviation from these norms can result in harsher sentencing. This article explores the complexity of
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An integrated model for criminal responsibility in action: How Swedish criminal law operates without an insanity defence Criminal Law Forum (IF 0.9) Pub Date : 2024-05-08 Tova Bennet
In nearly all criminal justice systems, a defendant’s severe mental disorder can trigger special rules that excuse or exempt the defendant. Swedish criminal law adopts an alternative approach that considers all defendants to be equal in terms of accountability, or capacity for responsibility, and lacks any rules that excuse or exempt a defendant with a severe mental disorder or disability. This paper
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The Four Faces of Intoxication in the Botswana Criminal Justice System: “Defence”, Extenuation, Mitigation, and Aggravation Criminal Law Forum (IF 0.9) Pub Date : 2024-03-29 Baboki Jonathan Dambe, Badala Tachilisa Balule
Intoxication plays a role in the commission of crimes in most, if not all, jurisdictions. Botswana is no exception. Our law reports are replete with cases in which intoxication is alleged to have contributed to the commission of the offence. In this regard, courts continually find themselves contending with the consideration that they ought to give to the intoxication, in respect to both the criminal
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The Insignificance Principle between Germany and Brazil: a Cautionary Tale on Legal Imports Criminal Law Forum (IF 0.9) Pub Date : 2024-03-19 Alexander de Castro
The discussion of the so-called bagatelle crimes has led jurists of some Ibero-American jurisdictions to develop the insignificance principle theory, which roughly states that conducts with a low degree of harmfulness do not constitute crimes even when all other prerequisites are satisfied. In Brazil, where it has arguably been most successful, the insignificance principle has purported to be an import
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Self-defence Against Metaphysical Witch Attacks: A Legal Conundrum in Anglophone Africa Criminal Law Forum (IF 0.9) Pub Date : 2024-03-08 Emmanuel Sarpong Owusu
Superstition-driven homicide is a frequent occurrence in many African societies. People charged with homicidal acts supposedly perpetrated under the influence of belief in witchcraft and juju sometimes raise the plea of self-defence or self-defence in conjunction with mistaken belief. Hence, since the latter part of British colonial rule in Africa, particularly the 1930s, the courts in Anglophone Africa
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THE CRIMINALIZATION OF FAKE NEWS: CRITIQUE ON INDONESIA’S NEW PENAL CODE Criminal Law Forum (IF 0.9) Pub Date : 2024-02-26 Vidya Prahassacitta, Harkristuti Harkrisnowo
This paper is aimed at finding the foundation of and the limits to the criminalization of fake news disturbing public order in Indonesia. In this paper, authors analyze several laws and court verdicts prohibiting the broadcast of fake news. Authors specifically highlight the latest development namely Penal Code 2023 having recently been passed. By using the framework of protection of a legal interest
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Extradition and Whole Life Sentences Criminal Law Forum (IF 0.9) Pub Date : 2023-12-12 Dirk van Zyl Smit, Christopher Seeds
Sentences of life imprisonment without a prospect of adequate review and release are prohibited in States party to the European Convention on Human Rights. Should the same principle apply when extradition is sought to States not party to the Convention? In Sanchez Sanchez v United Kingdom (2022), the Grand Chamber of the European Court of Human Rights applied a less strict standard for potential extraditees
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Some Remarks from the Defence Perspective Criminal Law Forum (IF 0.9) Pub Date : 2023-10-21 Kate Gibson
On the occasion of the launch of the fourth edition of the Commentary to the Rome Statute of the International Criminal, edited by Professor Kai Ambos, this paper provides some reflections on the importance of scholarship to the practice of Defence Counsel appearing before the Court, and challenges mitigated by the availability of a Commentary to the ICC’s statutory framework.
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Analysis of the Enforcement of the Suppression of Piracy and Other Maritime Offences Act in Nigeria: Matters Arising Criminal Law Forum (IF 0.9) Pub Date : 2023-06-28 Kalu Kingsley Anele
The existence of antipiracy legislation is an effective counterpiracy measure. Thus, the enactment of the Suppression of Piracy and Other Maritime Offences (SPOMO) Act in 2019 is a significant step in Nigeria’s counterpiracy efforts. This article analyses the Act and its enforcement to determine the current state of piracy suppression in Nigeria. The article observes that despite containing the meaning
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Where is the Constraint? Judicial Discretion in Capital Sentencing for Child Rape in India Criminal Law Forum (IF 0.9) Pub Date : 2023-06-16 Neetika Vishwanath
Since 2013, India has seen a consistent legislative expansion of the death penalty for sexual offences including the introduction of the death penalty for non-homicidal child rape. However, the death penalty remains a discretionary and exceptional punishment in law and life imprisonment is the default sentence for capital crimes. In exercising sentencing discretion, the Constitution bench of the Supreme
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In Memoriam: Benjamin Berell Ferencz 1920–2023 Criminal Law Forum (IF 0.9) Pub Date : 2023-05-29 Roger S. Clark
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Victims as Agents of Accountability: Strengthening Victims’ Right to Review at the International Criminal Court Criminal Law Forum (IF 0.9) Pub Date : 2023-05-19 Natalie Hodgson
Providing justice to victims is one of the most important justifications for international criminal justice. At the International Criminal Court, states have sought to respond to victims’ justice interests in a number of ways, including by allowing victim participation in criminal proceedings. However, while victim participation in domestic criminal courts has evolved to include an accountability function
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Data-Driven Criminal Justice in the age of algorithms: epistemic challenges and practical implications Criminal Law Forum (IF 0.9) Pub Date : 2023-03-04 Francisco J. Castro-Toledo, Fernando Miró-Llinares, Jesús C. Aguerri
The emergence of algorithmic tools and Artificial Intelligence and their use in criminal justice has raised a relevant theoretical and political debate. This article unpacks and synthesizes the debate on the role of causality for the scientific method to analyze predictive decision support systems, their practical value and epistemic problems. As a result of this discussion, it is argued that the measured
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Ecocide Before the International Criminal Court: Simplicity is Better Than an Elaborate Embellishment Criminal Law Forum (IF 0.9) Pub Date : 2023-02-20 Danuta Palarczyk
In 2021, with their proposals of a new definition of ‘ecocide’, the Independent Expert Panel for the Legal Definition of Ecocide (‘IEPLDE’) and the Promise Institute for Human Rights (‘UCLA’) Group of Experts reignited the discussion on expanding the International Criminal Court’s (‘ICC’ or ‘Court’) jurisdiction over the gravest instances of environmental degradation. The proposed definitions form
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Coping with Moral Dilemmas in German Criminal Law Theory and Justice: Classical Cases and Modern Variants Criminal Law Forum (IF 0.9) Pub Date : 2023-02-17 Frank Peter Schuster
Dilemma scenarios have always been among the most common problems of moral philosophy and criminal law theory. One only has to contemplate the Plank of Carneades, the classic thought experiment whereby two shipwrecked people’s only hope of rescue is a floating board that can only be occupied by one person. Other scenarios are Welzel’s switchman case and the well-known Trolley Problem. In most of the
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Prohibition of Palestine Arab Return to Israel as a Crime Against Humanity Criminal Law Forum (IF 0.9) Pub Date : 2023-02-15 John Quigley
A displaced population of Palestine Arabs, numbering over seven million, is dispersed around the world, with major concentrations in Lebanon, Jordan, Syria, and Palestine itself. This population is prohibited from entry for renewed residence in home areas situated in Israel. In international law a right of return to one’s country is guaranteed as a matter of fundamental rights. Severe deprivation of
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Rate Expectations: Jurors and the Self-Reinforcing Effect of Conviction Rates Criminal Law Forum (IF 0.9) Pub Date : 2023-02-13 Pieter T. M. Desmet, Jef De Mot, Michael Faure
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Negligence Failures and Negligence Fixes. A Comparative Analysis of Criminal Regulation of AI and Autonomous Vehicles Criminal Law Forum (IF 0.9) Pub Date : 2023-01-12 Alice Giannini, Jonathan Kwik
Automated vehicles (“AV”) can greatly improve road safety and societal welfare, but legal systems have struggled with the prospect of whom to hold criminally liable for resulting harm, and how. This difficulty is derived from the characteristics of modern artificial intelligence (“AI”) used in AV technology. Singapore, France and the UK have pioneered legal models tailored to address criminal liability
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Beyond Homicide? The Feasibility of Extending the Doctrine of Partial Excuse across all Offence Categories Criminal Law Forum (IF 0.9) Pub Date : 2022-09-29 Louise Kennefick
Harboured between full excuses and mitigatory factors, with its application restricted to murder only, the doctrine of partial excuse presents as both a procedural irregularity and a theoretical outlier. Perhaps owing to its problematic nature and limited reach, the site and scope of the doctrine has received scant scholarly attention. This paper signals the potential of partial excuse as a means of
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Responsive Regulation, Enforced Self-regulation, and Corporate Liability Criminal Law Forum (IF 0.9) Pub Date : 2022-09-07 Paulo De Sousa Mendes
This article focuses on the issue of determining to what extent a regulation that encourages and rewards companies to take measures to prevent corporate wrongdoing may be a better alternative to a pure command and control regulation. It also discusses whether a context-sensitive regulation is viable in legal systems in which a principle of obligatoriness is in force rather than a measure of discretion
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Presumption of Innocence: Comparing Vietnamese Law with Established International Jurisprudence Criminal Law Forum (IF 0.9) Pub Date : 2022-06-28 Duy Huynh Tan Le, Shruti Bedi
The concept of presumption of innocence is a fundamental principle of the modern justice system as generally recognised under different jurisdictions across the world. It is essential for respecting and protecting human rights of every citizen during criminal proceedings. It is considered as a basic principle of criminal procedure law, a constitutional right of accused persons, and a universal human
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Evidence About Harm: Dual Status Victim Participant Testimony at the International Criminal Court and the Straitjacketing of Narratives About Suffering Criminal Law Forum (IF 0.9) Pub Date : 2022-06-11 Sigurd D’hondt, Juan-Pablo Pérez-León-Acevedo, Fabio Ferraz de Almeida, Elena Barrett
Although victims at the International Criminal Court (ICC) are not parties, they can apply to become “victim participants” and may be authorized by an ICC Chamber to directly and orally express their views and concerns in court. Most ICC Trial Chambers, however, have preferred allowing legal representatives of these victim participants to call victims as witnesses to give testimonial evidence about
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Criminalising Hate Crime and Hate Speech at EU Level: Extending the List of Eurocrimes Under Article 83(1) TFEU Criminal Law Forum (IF 0.9) Pub Date : 2022-05-10 Nina Peršak
In September 2020, President von der Leyen announced the Commission’s intention to propose to extend the list of EU crimes or Eurocrimes to all forms of hate crime and hate speech, as later reflected in the Commission Work Programme 2021. The article first examines the need for such action at EU level, highlighting also certain shortcomings with existing regulation of hate crime and hate speech across
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Lawmaking and sentencing in rape and child sexual abuse cases in Poland – dead end or rational criminal policy? Criminal Law Forum (IF 0.9) Pub Date : 2022-04-26 Maciej Bocheński
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Shortcomings in the Operation and Coordination of Witness Protection in Australia. Where to from Here? Criminal Law Forum (IF 0.9) Pub Date : 2022-04-19 Stephen Monterosso
Witness protection in Australia has, to date, been less than successful in implementation and execution. An ad hoc system of Commonwealth and state/territory witness protection programs have co-existed with often substandard outcomes for participants, law enforcement and the criminal justice system. Although in accordance with Australia’s federal system of government, the framework of witness protection
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A Better Deal? Negotiated Responses to the Proceeds of Grand Corruption Criminal Law Forum (IF 0.9) Pub Date : 2022-04-06 Áine Clancy
Judicially supervised negotiated settlements have featured heavily of late in discourse on responses to financial crimes committed by corporations. The United States has recently concluded a series of proceeds of kleptocracy settlements with individuals using processes which, from transparency and accountability perspectives, compare favourably to England’s asset recovery practice. This paper seeks
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Digitised Justice: The New Two Tiers? Criminal Law Forum (IF 0.9) Pub Date : 2022-02-27 Jane Loo, Mark Findlay
Prevailing conditions of access to justice and due process in the Singapore courts are criticised through McBarnet’s two-tier lens and Carlen’s dramaturgical understandings of criminal court realities. More than an interest in the structural separation of the Singapore judiciary, the paper interrogates the dualism between the imagined workings of justice and the daily operational experience for users
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Kai Ambos (ed.), Rome Statute of the International Criminal Court. Article-by-Article Commentary, 4th ed., Beck Hart Nomos 2022, 3064 pp Criminal Law Forum (IF 0.9) Pub Date : 2022-02-23 Thomas Weigend
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Collecting Digital Evidence from Online Sources: Deficiencies in Current Polish Criminal Law Criminal Law Forum (IF 0.9) Pub Date : 2021-12-29 Piotr Lewulis
The importance of digital evidence, especially online content, is continuously increasing due to the proliferation of digital technologies in socio-economic life. However, the legal means of criminal evidence gathering in Polish legislation remain unchanged and do not take into account some contemporary challenges. In various countries, traditional rules of evidence gathering were created in the context
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The Pregnant Man and Criminal Law. Towards Generating a New European Approach Criminal Law Forum (IF 0.9) Pub Date : 2021-11-19 Pop, Catalin Daniel
This article aims at promoting a new approach regarding criminal law and crimes that include a provision that relates to pregnancy. We thus try to set a starting point for future debates on the manners in which European countries criminalise offences related to pregnancies. We lay an emphasis on how the criminal legislation might have a considerable impact in discriminating or complicating situations
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“Complete Labelling” and Domestic Prosecutions for Crimes Against Humanity Criminal Law Forum (IF 0.9) Pub Date : 2021-11-17 Eskauriatza, Javier S.
Fair labelling is an established principle of criminal justice that scrutinises the way that States use language in labelling criminal defendants and their conduct. I argue that “complete labelling” is a related but separate principle which has not received any explicit attention from commentators. Whereas fair labelling focuses, usually, on the protection of defendant’s rights, the principle of complete
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Darryl Robinson, Justice in Extreme Cases. Criminal Theory Meets International Criminal Law, Cambridge University Press, 2020, 305 pp Criminal Law Forum (IF 0.9) Pub Date : 2021-11-16 Roger S. Clark
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Good Scientific Practice and Academic Reviews Criminal Law Forum (IF 0.9) Pub Date : 2021-11-11 Hörnle, Tatjana
Academic reviews (hereinafter “reviews”) are an integral part of legal journals. While their purpose and usefulness are at times disputed, all sub-disciplines of legal studies nevertheless argue in equal measure that a lack of substantial academic exchange by way of reviews would result in the impoverishment of scientific discourse. In German criminal law scholarship, two recent cases have sparked
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Margaret M. deGuzman and Valerie Oosterveld (eds.), The Elgar Companion to the International Criminal Court, Elgar, Cheltenham/Northampton, 2020, 431 pp Criminal Law Forum (IF 0.9) Pub Date : 2021-08-09 Roger S. Clark
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Legal Principles vs. Statutory Ambiguity in Criminal Justice: Lithuanian Court Experience Criminal Law Forum (IF 0.9) Pub Date : 2021-06-30 Rima Ažubalytė, Oleg Fedosiuk
In any state where the rule of law is applied, criminal justice serves to guarantee the efficiency and legitimacy of liability and all legally sanctioned coercive measures. Its purpose is also to eliminate, insofar as is possible, any arbitrariness and dishonesty arising in the course of criminal prosecution. Thus, the rules underpinning criminal law and procedure, formulated precisely, harmonized
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Managerial Induced Guilty Pleas in England and Israel – Legitimacy and the Role of the Judiciary: Reclaiming Judicial Responsibility through Managerial Means Criminal Law Forum (IF 0.9) Pub Date : 2021-06-09 Benjamin Newman
The practice of induced guilty pleas, in which a defendant is induced to plead guilty due to an offered concession, has long been criticised in legal studies. It offers an alternative mode of resolving criminal prosecutions, causing a wide range of concerns, namely, imposing undue pressure on the defendant’s free will; truth divergence; the risk of convicting innocents and the misuse of prosecutorial
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Reviewing: Elena Maculan, Los crímenes internacionales en la jurisprudencia latinoamericana , Madrid: Marcial Pons, Ediciones Jurídicas y Sociales, 2019, 320 pp. Criminal Law Forum (IF 0.9) Pub Date : 2021-05-07 Giulia Pecorella
This book is an exceptionally high-quality piece of work on the role played by domestic courts in Latin America in the development, codification, implementation of International Criminal Law. In particular, this book analyses how these courts have contributed to the definition of some international crimes, their elements, and their scope of application and, in so doing, have granted a better place
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Dealing with Dangerous Offenders in Europe. A Comparative Study of Provisions in England and Wales, Germany, the Netherlands, Poland and Sweden Criminal Law Forum (IF 0.9) Pub Date : 2021-04-07 Jörg-Martin Jehle,Chris Lewis,Marleen Nagtegaal,Nina Palmowski,Małgorzata Pyrcak-Górowska,Michiel van der Wolf,Josef Zila
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Nigel Eltringham, Genocide Never Sleeps; Living Law at the International Criminal Tribunal for Rwanda, Cambridge University Press, 2019, 218 pp. Criminal Law Forum (IF 0.9) Pub Date : 2021-03-27 Shane Darcy
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‘Indirect Method of Proof’ and the Kuwaiti Anti-Money Laundering Law: A Lesson from the UK Criminal Law Forum (IF 0.9) Pub Date : 2021-03-24 Khaled S. Al-Rashidi
The money laundering offence (ML offence), as established by the Kuwaiti Anti-Money Laundering and Countering Financing of Terrorism Act 106/2013 (“AML/CFT Act”), has the potential to combat financial crimes. The broad definition of ‘proceeds of crime’ and the ‘all crimes’ approach adopted in the AML/CFT Act are two features that help the ML offence to do so. In relation to Kuwait, where the problem
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A Forgotten History: Forcible Transfers and Deportations in International Criminal Law Criminal Law Forum (IF 0.9) Pub Date : 2021-01-29 Victoria Colvin, Phil Orchard
Forced transfers and deportations of civilian populations are a persistent theme in atrocity crimes. Criminalizing forced displacement not only responds to a major human rights and atrocities problem which is not directly covered by either refugee or international human rights law; it can also serve an important deterrent effect. And yet a critical and enduring question has been around the nature of
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Causation in International Crimes Cases: (Re)Concenptualizing the Causal Linkage Criminal Law Forum (IF 0.9) Pub Date : 2021-02-27 Marjolein Cupido
This article evaluates and (re)conceptualizes the notion of causation in international criminal law by using insights from legal theory and domestic criminal law. The article draws a distinction between empirical and normative causality and shows that in international case law emphasis has thus far been on empirical causality, whilst the meaning normative causality remains rather undefined and elusive
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Error in Personam: Confusion in Indonesia’s Environmental Corporate Criminal Liability Criminal Law Forum (IF 0.9) Pub Date : 2021-02-25 Andri G. Wibisana, Michael G. Faure, Raisya Majory
Since 1997, various provisions have been incorporated into Indonesia’s environmental law which relate to corporate criminal liability. Other laws relating to natural resource management have also had provisions on corporate criminal liability inserted into them. These laws are problematic because they often fail to distinguish between corporate criminal liability and corporate officers’ criminal liability
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LEGISLATIVE EROSION OF JUDICIAL DISCRETION IN RELATION TO MURDER WITH EXTENUATING CIRCUMSTANCES IN BOTSWANA: A CRITIQUE OF THE AMENDMENT OF SECTION 203 (2) OF THE PENAL CODE Criminal Law Forum (IF 0.9) Pub Date : 2021-02-19 Baboki Jonathan Dambe
Murder is an offence that is regarded as atrocious across all civilisations. It is for this reason that some countries, including Botswana, still retain the death penalty for the offence of murder. In April 2018, the parliament of Botswana amended Section 203 (2) of the Penal Code to introduce a minimum mandatory sentence of 15 years imprisonment for murder with extenuating circumstances. This development
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About Disorder in the “cuisine interne” of Mihalache Grand Chamber Judgment: Some Reasons for a Radical Change of Approach in ne bis in idem Issues Criminal Law Forum (IF 0.9) Pub Date : 2021-02-18 Antonio Tarallo
The paper is based on the recent Grand Chamber judgment Mihalache v Romania and offers a key to understanding the reason of multiple concurring opinions attached to it. The author provides, in particular, some ideas for a different approach to the ne bis in idem principle in its procedural limb (right not to be “tried” twice), which takes into account its actual and profound ratio of protection of
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TWO KINDS OF ACQUITTALS – DIFFERENT KINDS OF DOUBTS Criminal Law Forum (IF 0.9) Pub Date : 2020-11-18 Yaniv Vaki, Yoram Rabin
In most countries that follow the Anglo-American legal system, the criminal process is based on the existence of only two possible alternative legal outcomes – “guilty” and “not guilty” – at the end of a criminal proceeding. That is, a person is acquitted unless the court finds him to be guilty. In contrast, a small number of legal systems, such as those of Scotland, Italy, and Israel, maintain an
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Intentional and Performative Persuasion: The Linguistic Basis for Criminalizing the (Direct and Indirect) Encouragement of Terrorism Criminal Law Forum (IF 0.9) Pub Date : 2020-10-03 Stuart Macdonald, Nuria Lorenzo-Dus
Article 5 of the Council of Europe Convention on the Prevention of Terrorism requires member states to criminalise ‘public provocation to commit a terrorist offence’. In the U.K., the realisation of this obligation is found in the ‘Encouragement of terrorism’ offence contained in section 1 of the Terrorism Act 2006. As well as fulfilling the U.K.’s treaty obligation, this offence was intended to stop
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Corporate Vehicular Manslaughter Provisions In The Bangladesh Road Transport Act 2018: A Textual Comparison With Their Equivalents in Australia Criminal Law Forum (IF 0.9) Pub Date : 2020-09-20 S. M. Solaiman
The road transport sector in Bangladesh has been simply disorderly for years and gradually going from bad to worse killing about 20,000 people and grievously injuring 50,000 every year as reported by the World Health Organisation. Government transport authorities publicly admit their failure in disciplining the critical sector. The government was ultimately compelled to enact legislation in 2018 following
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Secretive Symbolism? The Death Penalty, Executions, and Japan Criminal Law Forum (IF 0.9) Pub Date : 2020-08-26 Billy Holmes
The importance of analysing the death penalty and state-imposed executions is derived from their concerning the right to life, and their retaining wide-spread support throughout retentionist, abolitionist de facto, and abolitionist states worldwide. Discrepancies in the execution rates of retentionist states appear reducible to their serving symbolic or pragmatic functions i.e. they are used primarily
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True EU citizenship as a precursor to genuine criminal justice in Europe: an analysis of EU citizenship as it relates to a sustainable area of freedom, security and justice Criminal Law Forum (IF 0.9) Pub Date : 2020-07-24 Marianne L. Wade
This paper traces developments - both legal and political in nature - relating to EU citizenship and compares the status quo to what individuals might expect from citizenship particularly within the context of criminal proceedings. Drawing upon debates in political science, it highlights the divergence between EU citizenship and what would normally be associated with any idea of citizenship. Exploring
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True EU citizenship as a precursor to genuine criminal justice in Europe: an analysis of EU citizenship as it relates to a sustainable area of freedom, security and justice Criminal Law Forum (IF 0.9) Pub Date : 2020-07-24 Marianne L. Wade
This paper traces developments - both legal and political in nature - relating to EU citizenship and compares the status quo to what individuals might expect from citizenship particularly within the context of criminal proceedings. Drawing upon debates in political science, it highlights the divergence between EU citizenship and what would normally be associated with any idea of citizenship. Exploring
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The Use of Public Inquiries in Rooting Out Corruption and Collusion – The Canadian Experience Criminal Law Forum (IF 0.9) Pub Date : 2020-07-07 Simon Ruel
A public commission of inquiry is an administrative tool used exceptionally by governments to inquire into and report on controversies of significant public importance. Such inquiries allow the public to better understand the complexities of a scandal or tragedy, but provide no ultimate accountability when criminal activity is at play. In Canada, the use of public commissions of inquiry to investigate
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The Supervision of Guilty Pleas by the Court of Appeal of England and Wales – Workable Relationships and Tragic Choices Criminal Law Forum (IF 0.9) Pub Date : 2020-07-07 Richard Nobles, David Schiff
The judgments of criminal appeal courts are an example of Calabresi and Bobbitt’s concept of ‘tragic choice’. Judges justify convictions by reference to the values which they attribute to criminal procedures: fairness, truth and rights, rather than the full range of considerations which have influenced the introduction of those procedures: cost, efficiency, crime control, public perceptions of crime
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The Catalysing Effect of the Rome Statute in Africa: Positive Complementarity and Self-Referrals Criminal Law Forum (IF 0.9) Pub Date : 2020-06-02 Patricia Hobbs
The International Criminal Court’s (ICC) policy and practice of self-referrals has attracted some degree of academic criticism. This has been due partly because the procedure itself was, according to some opinions, never quite envisaged in the original Rome Statute, and partly because the concept of a State self-referral appears to contradict the Rome Statute objective of the ICC as a Court of complementarity
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The Catalysing Effect of the Rome Statute in Africa: Positive Complementarity and Self-Referrals Criminal Law Forum (IF 0.9) Pub Date : 2020-06-02 Patricia Hobbs
The International Criminal Court’s (ICC) policy and practice of self-referrals has attracted some degree of academic criticism. This has been due partly because the procedure itself was, according to some opinions, never quite envisaged in the original Rome Statute, and partly because the concept of a State self-referral appears to contradict the Rome Statute objective of the ICC as a Court of complementarity
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“Tool in the R2P Toolbox”? Analysing the Role of the International Criminal Court in the Three Pillars of the Responsibility to Protect Criminal Law Forum (IF 0.9) Pub Date : 2020-05-09 Maartje Weerdesteijn, Barbora Holá
In the last two decades, two important instruments emerged to combat mass atrocities. In 2002 the International Criminal Court (ICC) was established. Subsequently, in 2005, the international community politically committed itself to the responsibility to protect populations from mass atrocities (R2P) distinguishing three pillars: (i) the responsibility of the state to protect its own population, (ii)
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“Tool in the R2P Toolbox”? Analysing the Role of the International Criminal Court in the Three Pillars of the Responsibility to Protect Criminal Law Forum (IF 0.9) Pub Date : 2020-05-09 Maartje Weerdesteijn,Barbora Holá
In the last two decades, two important instruments emerged to combat mass atrocities. In 2002 the International Criminal Court (ICC) was established. Subsequently, in 2005, the international community politically committed itself to the responsibility to protect populations from mass atrocities (R2P) distinguishing three pillars: (i) the responsibility of the state to protect its own population, (ii)
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Long Overdue: Decriminalisation of Attempted Suicide in Nigeria Criminal Law Forum (IF 0.9) Pub Date : 2020-05-03 Cheluchi Onyemelukwe
Suicide has become more notorious in recent years, and is now reported regularly in the news. There is greater awareness of the challenge of suicide and attempted suicide partly as a result of increase in social media use. Attempting suicide is a criminal offence under Nigeria’s criminal laws. This law is currently enforced in several states in Nigeria. A legacy of old law from the era of British colonization