selected excerpts from the model penal code

... Autonomous Provinces of the former Yugoslavia which supplemented the federal code with their own specific penal legislation In the 1990 amendment of the code, Article provides for the defense of extreme ... effect of the application of this provision is, speaking figuratively, the destruction of the will of the person under compulsion Belgium The Belgian Penal Code of 1867, Article 71, provides: There ... property or for other reasons, shall also be free from punishment if the act must be considered justifiable in view of the nature of the danger, the harm caused to another and the circumstances...

Ngày tải lên: 07/03/2014, 03:20

... place at the ICTY, the ICTR, and the Special Panels, and they examine, among other things, the nature of the bargaining that has occurred, the rationales used to justify that bargaining, the effect ... the atrocities in question These factors include, among others, the victim-perpetrator ratio; the prior relationship, if any, between victims and perpetrators; the nature of the crimes; and the ... crimes; the physical distance between the tribunals and the locations of the crimes; the difficulty and expense involved in locating witnesses, transferring them to the tribunals, and providing them...

Ngày tải lên: 18/02/2014, 12:20

... of the Convention is reviewed by the other Parties to the Convention The monitoring process consists of two parts Phase focuses on whether the Parties’ national legislation complies with the ... consider their implementation The UNCAC contemplates a process for the periodic review of the implementation of the Convention by States Parties.11 The States Parties have discussed the issue in the ... behaviour on the part of officials in the public sector, whether politicians or civil servants, in which they improperly and unlawfully enrich themselves, or those close to them, by the misuse of the...

Ngày tải lên: 18/02/2014, 12:20

... evolution of the law before the tribunal, the study examines the substantive law of the tribunals Foreword xv primarily from the perspective of the international criminal law practitioner, with the needs ... tasked the Secretary-General with the preparation of the legal design of the new tribunal The latter, in turn, instructed lawyers in the Secretariat of the international organisation, who drew on the ... concerned with the penal responsibility of individuals,2 and articulating the core crimes which were to be the concern of the tribunal,3 the Statute of the International Criminal Tribunal for the Prosecution...

Ngày tải lên: 16/03/2014, 03:20

... group of the MRND The group had separated from the MRND, because they were of the opinion that President Habyarimana was too moderate; the leaders of the CDR were among the main organizers of the ... Naftaniel shifts the attention from the victim to the bystander, whereas he underlines that the signals for the bystander are emanating from the victims Chapter 18 addresses the responsibility ... and follow the message from the sender to the receiver to investigate how the receiver of this message reacted to the message The decisionmaking or non-decisionmaking resulting from the early...

Ngày tải lên: 16/03/2014, 03:20

... in the investigation stage of the proceedings in the appeal of the OPCD against the decision of the Pre-Trial Chamber I of 3.12.2007 and in the appeals of the OPCD and the Prosecutor against the ... in the investigation stage of the proceedings in the appeal of the OPCD against the decision of Pre-Trial Chamber I of 7.12.2007 and in the appeals of the OPCD and the Prosecutor against the ... T Ch I Decision on the status before the Trial Chamber of the evidence heard by the Pre-Trial Chamber and the decisions of the Pre-Trial Chamber in trial proceedings, and the manner in which...

Ngày tải lên: 16/03/2014, 03:20

... such a way were the following: the Reichcabinet, the Leadership Corps of the Nazi Party, the SS and including the SD, the Gestapo, the SA, the General Staff and High Command of the German Armed ... the terms of the Charter The law of the Charter existed for them to apply, not to question.46 It was clear to the Judges, however, that they would have been criticized had they failed altogether ... miniature version of the war and its criminal artifacts, subjecting it to the acid test of the law and to the most robust of challenges from the defendants The Judgment The Judgment of the Tribunal was...

Ngày tải lên: 23/03/2014, 06:20

... Amending the Rules Implicit in the power given to the ICTY judges to create the Tribunal’s Rules is the power to amend them. Rule  of the ICTY Rules (“Amendments to the Rules”) sets out the procedures ... the view that the judges of the court should draft the rules, like the judges of the ICTY, subject to the approval of States parties Article () of the ILC draft provided that once the initial ... the facts in question and in doing so enables them to cross-examine the future live witness as to the disputed fact on the basis of the a davit evidence, challenging both the credibility of the...

Ngày tải lên: 07/12/2015, 00:45

... that there are good people and there are bad people, and the question is how to keep the bad people from doing bad things to good people The other is that I saw legal institutions as being the ... Foreign Relations, the International Association of Penal Law in Paris, and the International Institute of Criminal Science in Siracusa They then examine the theory underscoring the Principles, ... recounts the history of the 780 Commission and its role ushering in the modern era of accountability The Foreword • xiii Commission set the stage for the establishment of the Yugoslavia Tribunal, the...

Ngày tải lên: 07/12/2015, 00:47

... have their own utility for their different purposes and there is no reason to decide upon one meaning as the ‘right’ one.7 Nevertheless, it is advisable from the outset to be clear about the sense ... implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual ... (eds.), The International Criminal Court – The Making of the Rome Statute: Issues, Negotiations, Results (The Hague, 1999): Lee, The Making of the Rome Statute Roy Lee et al (eds.), The International...

Ngày tải lên: 07/12/2015, 00:55

... to the actor at the time of the act.36 If the law was not applicable to the actor, then the actor had no notice of the requirement to conform his or her behavior to the standard set out in the ... justice from the Netherlands at the Tokyo War Crimes Tribunal, agreed with the French version at Nuremberg His statement, an attempt to face down the cynicism with which either version of the Nuremberg ... 2.c.ii.A (on how these laws effectively abolished the legality principle in criminal law in the Third Reich) See Chap 2.c.ii.C on the absence of the legality principle from the law of the USSR at...

Ngày tải lên: 07/12/2015, 01:01

... on the nature of the crimes involved – not so much on the kind of harm they inflict (they all involve serious harm done to individuals), but more on how they pertain to the legitimacy of the ... over these crimes and thus opens the door for universal jurisdiction over them I have argued elsewhere that the theoretical question of its justification is the same regardless of whether the ... is whether these values are violated by individuals against other individuals, or whether they are violated by states against individuals, especially if they are their own citizens By the latter,...

Ngày tải lên: 07/12/2015, 01:06

... 12.3.1 The law and jurisdiction of the IMT at Nuremberg 327 12.3.2 The legal basis and criticism of the IMT 333 12.4 The IMTFE 334 12.5 The ILC’s Role in the Post-Nuremberg Era 335 CHAPTER 13 THE ... abound, and there is a great danger that the gap between the achievable and the hoped-for will undermine the credibility and importance of these fledgling institutions, and particularly the ICC Just ... agencies In the second edition we take account of the legal cataclysm in the aftermath of 11 September 2001, the jurisprudence emanating from the International Criminal Tribunal for the Former...

Ngày tải lên: 07/12/2015, 01:06

... to the inclusion of the penalty provisions or the socalled “points of honour” the Allies insisted on the unconditional signature of the treaty.37 The failure to convince the Allies to omit the ... distinct from the one applied in physics and the other fields of science Perhaps, the only similarity between these concepts lies in the fact that both represent the feature of wholeness In the case ... believing that the roots of the idea go back only to 1994.26 Others researched further and 24 See in the same vein the statement made by the Finnish delegate during the plenary meetings of the Rome...

Ngày tải lên: 07/12/2015, 01:10

... and Stephens the court was concerned with the relative value of two wrongs: the killing of the cabin boy on the one hand, and the starvation of the other men in the boat on the other The American ... defining the limits of justification The American Law Institute’s Model Penal Code (1985), however, also describes the use of force in defence of the self or others as justified ‘in the circumstances ... How they this? Choice theory The second theory of blame and excuse is often attributed to Kant (1788, p.66) The basis of the theory was described by Blackstone (1769) All excuses could be THE THEORY...

Ngày tải lên: 18/02/2014, 12:20

... foundation for the law.1 The heterodox academic commentator, on the other hand, views the state of the law with pessimism, seeing within its failings an indictment of the conventional premises of the law, ... whether to take the particular norm before it as a rule or principle, though in other cases it will be apparent from the context which of the two is appropriate See further, n 103 below 14 The ... appropriation (of another’s property dishonestly made with the intention of permanently depriving the other of it), the outcome provided by the rule necessarily follows We have a case of theft There is no...

Ngày tải lên: 18/02/2014, 12:20

... 16 if the touching is sexual, and if either the other person is under 13 or the toucher does not reasonably believe that the other person is 16 or over: the prosecution need not prove that the ... 33 Companies Act 1985, s 363 10 See the formal divisions of the German Strafgesetzbuch into the Allgemeiner Teil and the Besonderer Teil; of the Model Penal Code into ‘General Provisions’ and ... Two further limits on the scope of this book should be noted here: both concern the scope of the criminal law’ The first is that I will focus on the law in the books’, whilst recognising the truth...

Ngày tải lên: 18/02/2014, 12:20

... experience, but also in the key role of the Model Penal Code in the United States This Penal Code has been the source of judicial inspiration for common law development and the intellectual focus ... pertaining to the civil, the political and the social spheres I will argue that the key to the development of the post-war criminal law was the fusion of these three forms of citizenship in the period ... standing in the matter of redressing wrongs Under the older welfare-liberal model of the state, a clear line was drawn between the role of the state and the role of the public, and in particular the...

Ngày tải lên: 18/02/2014, 12:20

... as on how others perceive the work of feminist scholars We are very grateful to the editors for bringing these contributors together and for all the work they have done in producing the volume ... read off from the surface appearances of their acts, with little attention being given to their motives and the context in which they are acting, they are at least treated as having their own ... means of denying the rationality of their actions and the legitimacy of their responses to certain social conditions or the behaviour of others The chapters in this book reveal the centrality of...

Ngày tải lên: 18/02/2014, 12:20