Search

In the 21st century, legislation in many jurisdictions is moving away from defining the crime of rape based on the use of coercion and instead focusing on the violation of the injured person's will. This analytical article aims to highlight changes in the understanding of the features of a crime under Article 197 of the Criminal Code, aligning it with the current societal awareness and views. This issue is relatively absent in scientific discourse, likely because phenomena such as stealthing have only recently received attention. The authors posit that, given the current interpretation of the features of the crime of rape in both doctrine and case law, the present legal framework satisfies the criteria of Article 36 of the Istanbul Convention. However, the doctrine, jurisprudence, and potentially the legislator face the challenge of adapting the crime of rape to contemporary needs. The conclusions drawn from the conducted research reveal problems that are only briefly touched upon in criminal law literature. [ABSTRACT FROM AUTHOR]

The Standard Picture holds that the contribution to the law made by an authoritative legal pronouncement is directly explained by the linguistic content of that pronouncement. This essay defends the Standard Picture from Mark Greenberg's purported counterexamples drawn from patterns of statutory interpretation in U.S. criminal law. Once relevant features of the U.S. rule of recognition are admitted into the analysis—namely, that it arranges sources of law hierarchically, and that judicial decisions are sources of valid law—Greenberg's counterexamples are revealed as only apparent, not genuine. The legal norms that result from the patterns of interpretation he identifies can be directly explained in terms of the linguistic contents of authoritative pronouncements: judicial decisions. Furthermore, those norms can be understood as modifications of the valid norms contained in their originating statutes because judicial decisions are permitted 'explanatory intermediaries' of statutes by the rule of recognition. [ABSTRACT FROM AUTHOR]

The article argues that the Fourth Circuit misinterpreted the U.S. Supreme Court's use of armed and thus dangerous standard in United States v. Robinson. Topics covered include the history of the inception of stop-and-frisk and explains the procedural history, facts, and reasoning behind the case, how the implications of the unitary concept will affect lawful gun carriers and those assumed to be armed and the need for the Supreme Court to grant certiorari in a stop-and-frisk case.

Judges interpreting statutes sometimes seem eager to outsource the work. They quote ordinary speakers to define a statutory term, point to how an audience understands it, or pin it down with interpretive canons. But sometimes conduct that appears to diminish someone's power instead sneakily enhances it. So it is with these forms of interpretive outsourcing. Each seems to constrain judges' authority by handing the reins to someone else, giving interpretation a democratized veneer. But in fact, each funnels power right back to the judge. These outsourcing approaches show a disconnect between the questions judges pose and the methods they use to seek answers. That disconnect allows judges to avoid normative and empirical decisions that are central to interpretation. Rather than taking a stand on which community's speech matters in a democracy, judges pick quotations they like or use empirical techniques like corpus linguistics without acknowledging the underlying choices they entail. Rather than identifying whom statutes address and considering their attitudes, judges speak for an audience to whom they do not listen. Rather than articulating what purposes canons serve, judges choose a rule that appeals. Outsourcing seems to alleviate countermajoritarian difficulties by democratizing interpretation and yielding interpretive certainty. But our common law adjudication system empowers judges to maintain indeterminacy, creating moments of provisional closure always subject to reinterpretation. Rather than evaluating how well judges resist the authority our system gives them, we should ask how well they justify the way they wield it. Really democratizing interpretation involves both considering methods to yield answers to judges' questions and recognizing any method's limitations. It also means acknowledging that interpretation remains presumptively open to contestation. Such openness and humility is implicit in the requirement of judicial reason-giving, and it democratizes interpretation more than outsourcing can. [ABSTRACT FROM AUTHOR]

The article discusses the Indiana Supreme Court and Indiana Court of Appeals' opinions on issues related to criminal law and procedure from October 1, 2016 to September 30, 2017. According to the article, the case of "Hoskins v. State" is a reminder of the duty of the state to put a criminal defendant on trial within the time periods. Also mentioned are the doctrine of Corpus delicti and procedural rights of defendants involving self-representation, guilty pleas, contempt and closing arguments.

The purpose of this article is to analyze the latest constitutional criminal reform of Law N ° 30650, which regulated the prohibition of criminal prescription or the statute of limitations for some public officials who carry out crimes against the public administration, and establish compatibilities with the current legislation, as well as the feasibility or not of its immediate application. To that end, various solution proposals are presented in order to consider at the time that the legal rule of immediate application is to be regulated through the regulation law in the 1991 Penal Code. [ABSTRACT FROM AUTHOR]

The article highlights decision of Indiana's appellate courts on issues related to criminal law and procedure during October 1, 2015, to September 30, 2016. Topics discussed include due process violation in the state; ways in which Indiana Constitutions3 broadly guarantee a criminal defendant's right to a speedy trial; and Indiana criminal cases resolved by jury trials.

The author discusses the U.S. Supreme Court Case Chevron USA Inc. v. Natural Resources Defense Council Inc. and its relation to criminal law. He mentions the interpretation of criminal law with regards to statutes by the U.S. Justice Department, when conduct should be a crime, and the question of fact finding in making that determination.

The article discusses a common purpose liability legal doctrine in relation to varying interpretations of Section 66(2) of New Zealand's crimes Act 1961 by judicial bodies such as the New Zealand Supreme Court, and it mentions New Zealand's common law approach to a joint criminal enterprise.

The article reports the decision of the Court of Appeal of England and Wales in the case R. v Barre (Mohammed Said) concerning laws of alternative verdicts. It reports that Defendant charged with murder after fight with deceased. It mentions the court dismissing the appeal, that on the facts of the case, concluded that the judge had not been obliged to leave manslaughter to the jury.

The article reports the decision of the Court of Appeal of England and Wales in the case R. v Barre (Mohammed Said) concerning laws of alternative verdicts. It reports that Defendant charged with murder after fight with deceased. It mentions the court dismissing the appeal, that on the facts of the case, concluded that the judge had not been obliged to leave manslaughter to the jury.

The article discusses the author's claim that the misapplication of career offender label in America's criminal justice system equates to a fundamental miscarriage of justice that entitles a U.S. federal prisoner to collateral relief under Title 28, Section 2255 of the U.S. Code. Sentence enhancements and criminal law interpretations are addressed, along with the U.S. Supreme Court case Johnson v. United States which deals with the residual clause of America's Armed Career Criminal Act.

The article discusses the Taricco case involving value added tax (VAT) fraud where the Court prioritized the primacy and effectiveness of European Union (EU) law. The case discusses the duty to provide effective criminal sanctions for serious cases of VAT fraud, the Court's interpretation of the legality principle and the relationship between EU fundamental rights and more protective national standards. Defendant Ivo Tarricco was accused of having committed VAT fraud through trade in champagne.

The article discusses the New Zealand Supreme Court's ruling in the case Ah-Chong v. R which deals with the intent to commit a sexual offence and the court's interpretation of Section 129 of New Zealand's Crimes Act 1961, and it mentions jury instructions and a debate about an intention requirement.

The article examines the leading theories in criminal law of punishment that demand smooth relationships between their most important inputs and outputs. It discusses several leading punishment theories such as retributivism, consequentialism. It reports how bumpy criminal laws cause divergence from smooth theories. It further discusses rule-standard distinction.

In recent years, the Chinese government has notably begun to address the issue of trafficking in persons through several high-profile national initiatives. The State Council of the People's Republic of China released the country's first national anti-trafficking plan in December 2007, followed by China's accession to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children in February 2010. However, tackling human trafficking is a serious domestic challenge. This article argues that China's response to its trafficking problem is obstructed by a legal definition in its criminal law that falls short of international standards. These shortfalls include the exclusion of adult male victims and predicating domestic criminalisation on the purpose of selling a person as opposed to the element of exploitation. Because the offence of trafficking is defined and applied differently in China, examining these particular aspects of the domestic criminal offence is critical to a fuller understanding of human trafficking in the country. This article discusses these important ramifications and also traces the legal history of China's criminalisation of trafficking since the adoption of the country's first criminal law in 1979, focusing on the disappearance of an inclusive, gender-neutral approach to the crime of human trafficking in the Chinese context. [ABSTRACT FROM AUTHOR]

The article discusses the Amish faith in relation to crime analysis and attacks involving the defendants and victims in the 2012 case United States v. Mullet which deals with religious-based hate crimes under the U.S. Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (HCPA). A rule of lenity is addressed, along with the "because of," "based on," and "results from" causation standards. Interpretations of criminal statutes are examined, as well as Amish Bishop Samuel Mullet's trial.

Many retributivists appear to presume that the concept of blame that figures in their accounts of just punishment is the same one people employ in their interpersonal moral relationships. David Shoemaker contends that this presumption is mistaken. Moral blameworthiness, he maintains, tracks only the meaning of a person's action––his reasons for acting as he did––while criminal blameworthiness, which he equates with liability to punishment, tracks only the impermissibility of an agent's action. I contest the second of these two claims, and in doing so defend the retributivists’ presumption. First, I argue that the purpose of a criminal trial can be plausibly construed as establishing that the defendant is morally blameworthy for criminal conduct by eliminating reasons to think she is not. Second, I defend the claim that the criminal law should punish people for their failure to act with proper regard for others’ legally protected interests against Shoemaker's arguments to the contrary. Finally, I show that Shoemaker's claim that moral and criminal blame serve different functions rests on a confusion of the nature of punishment with its proper function. [ABSTRACT FROM PUBLISHER]

Although the law of bribery may look profoundly underinclusive, the push to expand it usually should be resisted. This Article traces the history of two competing concepts of bribery--the "intent to influence" concept (a concept initially applied only to gifts given to judges) and the "illegal contract" concept. It argues that, when applied to officials other than unelected judges, "intent to influence" is now an untenable standard. This standard cannot be taken literally. This Article defends the Supreme Court's refusal to treat campaign contributions as bribes in the absence of an "explicit" quid pro quo and its refusal to read a statute criminalizing deprivations of "the intangible right of honest services" as scuttling the quid pro quo requirement. While recognizing that the "stream of benefits" metaphor can be compatible with this requirement, it cautions against allowing the requirement to degenerate into a "one hand washes the other" or "favoritism" standard. This Article maintains that specific, ex ante regulations of the sort commonly found in ethical codes and campaign finance regulations provide a better way to limit corruption than bribery laws, but it warns that even these regulations should not prohibit all practices that may be the functional equivalent of bribery. This Article concludes by speculating about whether the efforts of federal prosecutors to reduce corruption over the past sixty years have given us better government. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho UNED is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

One of the problems of greatest practical impact, and underserved, is the influence of the victim prohibited behavior in the author responsibility determination. While the affected person seems to have no role in that, doubts begins when it also violates a rule. It is unclear the kind of conflict, how to solve it and what effects it has. From a practical and dogmatic basis the study seeks to answer such questions. Solutions are discussed with a specific proposal, from the normative point of view and attending real events (avoiding hypothetical considerations). From general regulated effects, the paper presents the main national jurisprudential trends and then makes a dogmatic analysis from a specific normative perspective. This test is presented with a known case by the fame of the accused that somehow appears as a guide. [ABSTRACT FROM AUTHOR]

This paper contrasts the process of recognition of the victim's rights in the Chilean criminal procedure reform, which was introduced alongside the new accusatorial system in the year 2000, with the one that has occurred after that, which has consisted in several proposals for legal reforms, in a constitutional reform and in litigation before the Constitutional Court. The paper discusses the hypothesis that there is no continuity among the two phenomena, which are based in opposing understandings of the issues at hand. Finally, there is a description of how, if some or all of the new reform proposals that affect the victim's rights are implemented, the Chilean criminal procedure will face a unique situation, and one that was in no way foreseen by promoters of the original reforms. [ABSTRACT FROM AUTHOR]

El artículo propone una reconstrucción del alcance del principio ne bis in idem, entendido como la conjunción de una estándar de adjudicación sustantiva y un estándar de clausura procesal, para determinar su ámbito de aplicabilidad en contextos de superposición de regímenes de derecho penal y derecho administrativo sancionatorio. Para ello, se ofrece una caracterización general del principio ne bis in idem como estándar de derecho sancionatrio, en el marco de lo cual se favorece la adopción de un concepto funcional de sanción. Tras una clarificación del sentido preciso que cabe atribuir al principio ne bis in idem en su dimensión como prohibición de punición múltiple y en su dimensión como prohibición de juzgamiento múltiple, se indaga en las consecuencias normativas que de él se siguen, bajo el derecho chileno vigente, en referencia al posible entrecruzamiento del ejercicio de potestades investigativas y sancionatorias de índole penal y de índole administrativa. [ABSTRACT FROM AUTHOR]

Tanto la Corte interamericana de San José cuanto el Tribunal europeo de derechos humanos de Estrasburgo han desarrollado la idea según la cual del deber estatal de "respetar" los derechos reconocidos en las respectivas convenciones institutivas derivaría una obligación de tutelar penalmente, cuanto menos los más fundamentales de tales derechos. Más en particular, los Estados tendrían no solo el deber convencional de incriminar las conductas lesivas de los derechos a la vida, a no ser sometido a tortura, a la libertad personal y sexual, etc., sino también el deber de investigar las conductas agresivas de tales derechos -- ejecutadas por funcionarios públicos o por particulares--, de perseguir penalmente a los sujetos individualizados como responsables y de sancionarlos con penas proporcionales a la gravedad de los hechos cometidos. La presente contribución analiza la jurisprudencia paralela de las dos Cortes en la materia y los argumentos más recurrentes utilizados en sus respectivas sentencias, y luego se cuestiona sobre la problemática justificación de tal cambio de paradigma en la función tradicionalmente atribuida a los derechos humanos en el discurso penal, que de instrumento de defensa del individuo contra la potestad punitiva estatal se convierten acá en un factor que reclama la intervención del derecho penal frente a la elección estatal de no punir. [ABSTRACT FROM AUTHOR]

Current multicultural societies in Europe have their origins in the massive immigration phenomenon. Cultural differences and problems of integration of minorities generate considerable social unrest, claiming in its more severe manifestations the recourse to criminal law. It is necessary to legitimize criminal law intervention in an appropriate criminal political model, adequate to European political and social settings. Community and liberal models are replaced by a Criminal Policy that takes as reference the protection of the right to non-discrimination, which is derived from the dignity of the person and the protection extended to groups or collectives. This orientation is specified in the definition of different discriminatory offenses, among which stands out as the central reference, the offense of incitement to discrimination. The study of this crime under Spanish law is an example of the need to advance the Criminal Law to behaviors that involve a manifest danger of generating violence and discriminatory actions. [ABSTRACT FROM AUTHOR]

On September 20th, 2013, the Cabinet passed the draft amendments to the Criminal Code, which carry out a comprehensive reform of the system of criminal liability of legal persons and include a new offense, consisting of the breach of the duty of supervision or control, whose potential offenders are managers/directors or legal representatives of the legal person. As a consequence, this paper addresses the most significant issues of the current system of criminal liability of legal persons, the main amendments that have been proposed regarding the system, as well as the structure, scope and limits of the new offense that managers of legal persons may commit, which is expected to be included in the new Criminal Code, under article 286.6. [ABSTRACT FROM AUTHOR]

The article focuses on the need of revising laws for regulating criminal activities in Arkansas. Topics discussed include the judicial opinion of the Supreme Court of Arkansas on disputes related to the violation of passage of Act 724, legislative process behind enactment of the Act 724, and the importance of interpreting and constructing the laws for regulating criminal investigation.

The author reflects on the prohibition of "contra legem" interpretation of national law. He mentions that there would not have been a reason of making use of other terminology if the Court aimed to offer "contra legem" no other meaning than the national law's interpretation in conformity with the European Union law. He states that the concept of the interpretation of "contra legem" of national law serves simply the function of confusion in the area of criminal law.

This article serves to illuminate an important principle which has been gradually but decisively injected into international relations system, namely "No one is above the law". Nowadays, sovereignty cannot be absolute and impunity (effective immunity from prosecution) can no longer have realistic support. The West phalian model of sovereignty requires a new conceptualisation involving certain moral obligations for the sovereign states, both towards their own citizens and international community. Although the international justice made enormous progress when the Rome Statute entered into force in 2002, thereby creating the first permanent international criminal court (International Criminal Court), there are still serious challenges to its jurisdiction due to a series of complicated but understandable - to some extent - reasons. [ABSTRACT FROM AUTHOR]

The article discusses problems with the interpretation and construction of the criminal act of carjacking, as outlined in the Strafgesetzbuch (Criminal Code, StGB) of Germany. The author focuses on how this aspect of criminal law can be used in law school examinations and provides several examples, revolving around such issues as intent, traffic violations, and whether carjacking should be considered a special category of assault.

The article begins with a brief outline of the main current theories on the role of punishment, recognizing both the dominance of special prevention as the primary function of criminal law enforcement, and the boom experienced by modern expressive-retributive theories, and its relationship with a positive general prevention theory as the one held by Jakobs. Then, the possibility to explain the treatment given to the different cases of criminal reiteration from the purposes posited by the different theories of punishment is analyzed. Thus, five cases of criminal reiteration are distinguished and the distinctive quality of each is determined: the apparent concurrency (including specialty cases, subsidiarity and consumption), the continuing offense, the real concurrence, recidivism and ideal concurrence. This allows analyzing the treatment that each theory of punishment should grant to every criminal reiteration case in order to support the central role attributed to criminal punishment. [ABSTRACT FROM AUTHOR]

Article 45 of the United Nations Convention against Corruption empowers states parties to enter into bilateral or multilateral agreements or arrangements on the transfer of offenders convicted of offences in one country to serve their sentences in another country. Many African countries have ratified the Convention against Corruption. This article discusses the prospects for the implementation of Article 45 and the challenges likely to be encountered in its implementation. The author deals with the following issues: a brief comparison between the African Union Convention on Preventing and Combating Corruption and the UN Convention against Corruption; the available options for African countries to implement Article 45; the role of the courts in the transfer of offenders; the consent of the offender to the transfer," the issue of human rights in the context of the transfer," the sentences that could be imposed and whether there should be continued enforcement or conversion thereof in the case of a transfer, the people subject to the transfer and the costs of the transfer. [ABSTRACT FROM AUTHOR]

Environment crime is among the European Union's central concerns. The Tampere European Council of 15 and 16 October 1999 at which a first work program for the European Union action in the field of Justice and Home Affairs was adopted asked that efforts be made to adopt common definitions of offences and penalties focusing on a number of especially important sectors, amongst them environment crime. But despite this agreement about the importance of joint the European Union action, environmental criminal law has become the centre of a serious institutional fight between the European Commission, supported by the European Parliament on the one hand and the Council, supported by the great majority of the European Union member states on the other hand. At stake is nothing less than the distribution of powers between the first and the third pillars, and therefore also between the Commission and the European Union's member states. The effect of this fight is currently a legal vacuum on general environmental criminal law that was closed with the Directive 2008/99/CE, taking into consideration the cross-border dimension of environmental crime and the existing significant differences in the national legislation of the European Union member states. [ABSTRACT FROM AUTHOR]

This case note explores what impact the politics of international criminal law have on victim participation at the International Criminal Court ('ICC'). This is revealed by highlighting aspects of the proceedings in the Banda and Jerbo case at the ICC during which concerns emerged that victim participation was being used to further the political aims of others outside the courtroom. We draw on Sarah Nouwen and Wouter Werner's analysis of the politics of international criminal law to explore what such arguments might mean for the construction of victims at the ICC. Such arguments seem to assume that victim participants are -- if not in favour of the ICC -- at least not critical subjects of it. As such, they run the risk of failing to recognise victims' political autonomy. This prompts a broader enquiry into how the ICC should respond to the politics of victim participation, as opposed to challenges arising out of its mechanics. [ABSTRACT FROM AUTHOR]

The article discusses a criminal case on appeal before the Bundesgerichtshof (Federal Court of Justice, BGH) of Germany, decided on August 5, 2010, which revolved around the definition of a dangerous weapon according to the German Strafgesetzbuch (Criminal Code, StGB). The case involved charges of aggravated robbery and conspiracy. The author also considers the implications of the court's decision for the further interpretation and construction of ambiguous terminology in German criminal law.

This work opens a legal debate, arguing the possibility of a criminal liability to those who design public policies and generate perverse incentives that lead an agent to commit punishable acts under the protection of criminal law. Throughout this work the ontological nature of the perverse incentives will be examined from various disciplinary approaches, including Robert Merton s sociological point of view, the Lacanian psychoanalitical point of view, the Theory of Games and Economic Behavior, Pierre Bourdieu's sociological point of view, and Slavoj Žižek's philosophy, among others. Finally, we examine how the theory of criminal liability for perverse incentives could adapt within the Colombian legal order, under the figure of the "determiner", and the modalities of criminal offense, willful malice and willful negligence. [ABSTRACT FROM AUTHOR]

El artículo propone una reconstrucción del contenido de injusto de la malversación de caudales públicos y del fraude al fisco bajo el derecho penal chileno, desde el punto de vista de su especificidad como delitos especiales propios. El primer paso para ello está constituido por el esbozo de una crítica general a la doctrina de los así llamados “delitos de infracción de deber". Desde el punto de vista de una teoría analítica de las normas, se ofrece entonces una propuesta de reconstrucción racional de las diferentes modalidades de la malversación de caudales (y efectos) públicos, que en lo fundamental se centra en clarificar la relación sistemática entre el así llamado “peculado" (art. 233) y la así llamada “distracción de fondos" (art. 235). La sección final del trabajo se ocupa de la reconstrucción de la estructura típica del delito de fraude al fisco, entendido como modalidad específica de administración desleal, en contra de su comprensión tradicional como una instancia de estafa. [ABSTRACT FROM AUTHOR]

The author reviews the history and evolution of the legal good, analyzing its relationship with inquiry regarding the legitimacy of penal norms. The origins of the concept in Birnbaum's work are thus reviewed and the main dogmatic positions regarding the legal good's content are explained. Consequently, both the diverse theories related to a critical or material vision of the legal good –where the legal goods' protection is a condition of legitimacy- as well the theories in which said concept is identified with the ratio legis and according to which the function of Penal law is to reaffirm the validity of the infringed norm. After analyzing the theories that use new criteria and principles of legitimacy that seek to complement the role of the legal good, the article concludes attempting to show the dilemma facing the legal good theory: without independent content provided by the legislator it cannot be limited, but with independent content it rises as a countermajoritarian barrier that affects democratic principles. [ABSTRACT FROM AUTHOR]

The article presents an examination of the crime of habitual abuse in Chilean legislation in the light of comparative experience. To the initial diagnosis of the legal regulation of national and Comparative law, followed by the identification of some problematic cores in the offense. Comparative law preeminence is given to Spanish law, whose criminal types, its reforms and interpretations of doctrine (especially the first) were those that inspired the current wording of article 14 of law 20.066. In the problematic cores are considered the legally protected good and the main elements of the objective part of the offense (conduct, subjects, regularity, etc.) and a procedural aspect. It concludes with a proposal of lege ferenda. [ABSTRACT FROM AUTHOR]

The author comments on the theories of criminal law code theorist Paul Robinson. She discusses his deeds theory, in which he argues that justifications for citizen behavior are determined by objective facts, and his reasons theory, in which he argues that a defendant's beliefs cannot justify wrongful behavior. She suggests that a combination of his deeds and reasons theories lead to inconsistencies in criminal law.

Both the number of crime suspects without legal status and the number of irregular or undocumented immigrants held in detention facilities increased substantially in the Netherlands between 1997 and 2003. In this period, the Dutch state increasingly attempted to exclude irregular immigrants from the formal labour market and public provisions. At the same time the registered crime among irregular migrants rose. The 'marginalisation thesis' asserts that a larger number of migrants have become involved in crime in response to a decrease in conventional life chances. Using police and administrative data, the present study takes four alternative interpretations into consideration based on: 1) reclassification of immigrant statuses by the state and redefinition of the law, 2) criminal migration and cross-border crime, 3) changes in policing, and 4) demographic changes. A combination of factors is found to have caused the rise in crime, but the marginalisation thesis still accounts for at least 28%. These findings accentuate the need for a more thorough discussion on the intended and unintended consequences of border control for immigrant crime. [ABSTRACT FROM AUTHOR]

The sentencing process of the International Criminal Tribunal for Rwanda (ICTR) is deficient. In seeking to distinguish between the gravity of each offender’s conduct and by failing to properly consider the sentencing practices of Rwanda’s domestic courts, the ICTR often inadvertently belittles the suffering caused by offences related to the 1994 genocide. This article addresses the ICTR’s relatively unfettered sentencing discretion and tendency to under-explain its methodology. It then carries out a retributivist critique of ICTR sentencing practices and explores expressivism as a means of addressing current retributive deficiencies. A more expansive use of cumulative sentencing involving a proportionate penalty for the harm caused to each victim, it is argued, would have both symbolic and practical consequences for the offender. [ABSTRACT FROM PUBLISHER]

Copyright of Estudios de Derecho is the property of Estudios de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The author discusses the criminal justice administration for the juveniles related to the trial venue and sentence at the prosecution. The higher courts in Wales and England stated that the accused youth under 18-years-old must be judged in the youth court, with an exemption to those with grave crimes. An overview of the summary trial for adult and juvenile under the provision of Magistrates' Courts Act (MCA) is discussed.

On 16 February 2011, the Appeals Chamber of the Special Tribunal for Lebanon (STL) handed down its unanimous Interlocutory Decision on the Applicable Law in response to a number of questions put to them by the Pre-Trial Judge. The decision touched on multiple legal issues arising from the court's unique jurisdictional attributes, including its jurisdiction ratione materiae over the crime of terrorism. This paper provides a commentary on two specific terrorism-related aspects of the decision: (i) the court's finding that terrorism has crystallized to form a distinct international crime under customary international law and (ii) its (re)interpretation of terrorism under Lebanese law (Article 314 of the Lebanese Criminal Code). In so doing, it draws attention to the Appeals Chamber's unique approach to customary international law formation in light of prima facie differences in state practice and the implications of a fully fledged international crime of terrorism that includes a ‘transnational’ element. In addition, it highlights the Appeals Chamber's internationalist interpretative approach to domestic law but also questions whether the STL should be deferential to the decisions and interpretations of Lebanese courts given its unique characteristics which do not exist in any other international court. Due to its far-reaching implications, the decision merits the attention of scholars and practitioners alike as it has the potential to affect both domestic and international approaches to, and prosecution of, terrorism for many years to come. [ABSTRACT FROM PUBLISHER]

The military justice code, in 1936, although its adoption has undergone many changes, after three decades of application and two decades after the country's political regime change became a law that no longer corresponded to the changes undergone by the Romanian society, as a whole, and the military organization, in particular. The diversity of the general rules determined the existence of parallel criminality, which provided different punishment for identical offenses. [ABSTRACT FROM AUTHOR]

The article looks at the jurisprudence of the Hawaii Supreme Court under Chief Justice Ronald T. Y. Moon through selecting and reviewing several decision in the context of criminal law. It examines the Moon Court by decision on evidentiary issues in criminal law cases and by decisions that implicate privacy concerns. A demand for prosecutors to adhere to limitations and rules in the criminal context is said to have been demonstrated by Moon during his tenure.