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The inclusion of the term "incest" in the Penal Code is extremely recent. The study of the silence of the law and the debates that led to its introduction reflect the evolution of our society. What is the current situation for magistrates, in terms of the texts currently in force? How can judicial practices benefit from interdisciplinary scientific knowledge to meet the challenges of proof, protection and reparation?, (Copyright © 2024 Elsevier Masson SAS. All rights reserved.)

This study reviews two main approaches for dealing with omission of assistance in the criminal laws of Arab jurisdictions. The first approach adopts a general clause on the crime of withholding assistance. This approach, following the model of the French Code pénal, prioritises the right to life and bodily integrity over individual freedom, and has been adopted in Algeria, the UAE, Qatar, Lebanon, Bahrain, Morocco, and Sudan. The second approach restricts criminal omission of assistance to a closed list of cases, in which it mandates a duty to intervene. The Palestinian Criminal Code follows this alternative model, with origins in English criminal law, prioritising individual freedom. The study presents the viability of a general omission clause in criminal law. It contrasts this with the absence of a comparable clause in civil liability, where Arab jurisprudence has instead codified a set of requirements for simple omission to result in civil liability.

This study reviews two main approaches for dealing with omission of assistance in the criminal laws of Arab jurisdictions. The first approach adopts a general clause on the crime of withholding assistance. This approach, following the model of the French Code pénal, prioritises the right to life and bodily integrity over individual freedom, and has been adopted in Algeria, the UAE, Qatar, Lebanon, Bahrain, Morocco, and Sudan. The second approach restricts criminal omission of assistance to a closed list of cases, in which it mandates a duty to intervene. The Palestinian Criminal Code follows this alternative model, with origins in English criminal law, prioritising individual freedom. The study presents the viability of a general omission clause in criminal law. It contrasts this with the absence of a comparable clause in civil liability, where Arab jurisprudence has instead codified a set of requirements for simple omission to result in civil liability. [ABSTRACT FROM AUTHOR]

The medical profession is a humanitarian one that requires a due diligence imposed by the Code of Medical Ethics dealing with the treatment of patients and pain relief. Today, we often hear about abortion cases that take place in complete secrecy far from the eyes of the people and the competent authorities. With this regard, the present study discusses the responsibility of the doctor in the case of an abortion crime based on the existing laws and the facts of reality. [ABSTRACT FROM AUTHOR]

Penelitian ini dilakukan untuk mengetahui kebijakan pidana denda di KUHP dalam sistem pemidanaan di Indonesia dan untuk mengetahui kebijakan formulasi pidana denda dalam RUU KUHP di masa datang. Jenis penelitian yang digunakan adalah yuridis normatif. Data yang digunakan adalah data sekunder. Teknik pengumpulan data dengan studi pustaka. Data yang diperoleh kemudian dianalisis secara kualitatif. Hasil penelitian menunjukkan bahwa KUHP merumuskan denda dengan minimal umum dan khusus. Jika denda tidak dibayar maka diganti pidana kurungan pengganti denda. Lamanya pembayaran denda tidak ditentukan. Pidana denda dalam KUHP dirumuskan secara alternatif dan mandiri. Konsep KUHP merumuskan pidana denda dengan minimal umum, minimal khusus dan maksimal khusus. Denda ditentukan dalam 6 kategori. Jangka waktu pembayaran denda ditentukan berdasar putusan hakim. Sistem perumusan pidana denda dalam Konsep KUHP dikelompokkan dalam tiga bagian, yaitu sistem kumulatif, sistem alternatif, sistem alternatif-kumulatif, dan sistem mandiri. KUHP merumuskan denda dengan minimal umum dan khusus. Pidana denda dalam KUHP dirumuskan secara alternatif dan mandiri. Konsep KUHP merumuskan pidana denda dengan minimal umum, minimal khusus dan maksimal khusus. Denda ditentukan dalam 6 kategori. Sistem perumusan pidana denda dalam Konsep KUHP dikelompokkan dalam tiga bagian, yaitu sistem kumulatif, sistem alternatif, sistem alternatif-kumulatif, dan sistem mandiri The purpose of this research are to knowing criminal policy of a fine on Penal Code in the punihsment system in indonesia and to knowing policy formulation of fines penalty in the Concept of KUHP in the future. Type of research that used is yuridis-normative methode. Data that used in this research is secunder data. The technic to collecting data is literature study. Then, all data are analized qualitatively. This research shows that code penal formulate formulate fine penalty in common minimal and special minimal. If the fine wasnt payed, its replaced with confinement penalty of fine replacement. The duration of fine payment does not defined. Fine penalty is formulated alternaltively and independently. The Concept of Code Penal formulate fine penalty with common minimal, special minimal and special maximum. Fine penalty is defined in 6 category. The duration of fine payment is defined by judge. Formulated system of fine penalty in the Concept can be classified in three groups, they are cumulative system, alternative system, alternative-cumulative system, and independent system. The code penal formulate formulate fine penalty in common minimal and special minimal. Fine penalty is formulated alternaltively and independently. The Concept of Code Penal formulate fine penalty with common minimal, special minimal and special maximum. Fine penalty is defined in 6 category. Formulated system of fine penalty in the Concept can be classified in three groups, they are cumulative system, alternative system, alternative-cumulative system, and independent system.

Copyright of Semiotica is the property of De Gruyter 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.)

Most modern legal systems recognize right of self-defense as justifying fact, although it requires that the defense respects strict conditions, namely that it is current, necessary and proportionate to the attack. These conditions are then not respected, so we might observe that there is an exceeding of the limits of self-defense, and this is why the action becomes punishable. In the absence of proper provisions of exceeding the limits of self-defense text, we use the general rules. Thus, if the act is voluntary, the excess is too, if it is in good faith due to carelessness or negligence, then we invoke an involuntary offense, we call on an intentional offence, if there is a criminal qualification to the fault; or if we are unable to estimate the circumstances of the facts, we considerer that there is no fault, and finally whether the excess is based on an error according to the law, there will be no punishable fault because the causes of defense were objective. [ABSTRACT FROM AUTHOR]

Want the author with this brief text, not exhaustive thus show in key short an overview of the development that has taken our Colombian Criminal Law, through its republican history, showing their strengths and weaknesses, in the eagerness to implement justice criminal law in our country to punish crimes. [ABSTRACT FROM AUTHOR]

Copyright of Studia Universitatis Babes-Bolyai, Iurisprudentia is the property of Babes-Bolyai University, Cluj-Napoca, Romania 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.)

There are many different specifications about incest and they do not refer to the same concept: each society gives it borders which are valid for a community in a specific time. Regulation about incest is constantly evolving as shown by the last act of February 8, 2010 that brings the term of "incest" in the penal French Code. Nowadays, about 2 millions French people are victims of incest. In France, incest cases constitute 20% of Assisi trials, they represent 75% of sexual assaults of minor cases and more than 57% of rape of minors. On the forensic accounting in 2007, sexual violence authors are the second largest contingent of subjects incarcerated, behind assault and battery authors. Senon and Manzanera estimate that only 1 to 5% of sexual offenders suffer from a mental disease. By a literature review, we found there is a significant variability in prevalence estimation about psychiatric comorbidities in sexual offenders' population. In international classifications categories such as pedophilia are identified by the term of "sexual preference disorder" in ICD-10, or by the term of "paraphilia" in DSM-IV-TR. In both these classifications, the notion of incest is not clearly stated as a separate entity but finds itself inserted into the concept of pedophilia. Psychiatric classifications are not intended to study sexual offenses but they are useful, during forensic psychiatric assessment, to identify a mental illness causing transgressive sexual behavior or to identify a psychiatric comorbidity. However, statistically, very few sex offenders are recognized criminally irresponsible because of their mental illness, according to Article 122-1 paragraph 1 of the French Criminal Code. Psychiatric experts are "technicians" in the service of justice: they have to carry out the missions entrusted to them by the judges, based on their skills and knowledge in the subject concerned. The psychiatrist expert may be questioned before the judgment on the issue of criminal responsibility, and, if convicted, on the appropriateness of an injunction care. In a current context of media dramatization, we choose to question about links between crime and pathology in a population of incestuous fathers. Nowadays, irrespective of the chosen theorical frameworks, there is a consensus to denounce the shortcut by which a subject can be defined by its act. Despite the clinical polymorphism of deviant behavior, the infinite variety of psychopathological configurations in which these behaviors may appear, one point seems to have the experts agreement: the fact that these sexual behavior disorders are much less sexual disorders themselves than "defense solution" attempts versus major anxieties about feeling identity. Authors' ethiopathogenic hypotheses that refer to psychodynamic theories are the following: in most cases, there is at the forefront a serious disturbance of narcissism, a fragile sense of continuity of identity, and the threat of collapse depression, linked to major anxiety about alteration or disappearance of self-representation. Incest, by its transgressive dimension, asks each of us. Major health problem, it cannot be answered only by punishment but requires a diverse precautionary approach where societal debate (and its educational decisions), and psychiatric theorizing are decisive. [ABSTRACT FROM AUTHOR]

The article discusses the sentencing of women accused of abortion in the Côte-d'Or department of France from 1803 to 1920 through the examination of criminal proceedings conserved at the department's archives. Some of the accused women studied include Sophie Aubert, Jeanne Carrière, and Marie Sériot. Topics of discussion include how the legal system was made aware of these abortions, abortion according to the French penal code, and women aborting with the help of family members or midwives.

The article focuses on the evolution of the individualization of procedures and penology in Europe during the 19th century. It mentions the progressive decriminalization movement from 1814 to 1914, individualization measures for delinquents noted in the penal code of 1810, and the influence of the principles of equality and individual liberty issued from the French Revolution in penal law. Topics include the organization of regular procedures in European countries including Belgium, Switzerland, and England, the unification of law in Germany via the German penal code, and the French law of August 14, 1885 concerning parole.

The article examines the way legal conflicts pertaining to real property are handled in Afghanistan and analyzes some of the institutional and customary reasons why some of these resolutions fail. The author discusses the two legal regimes of public property, including the one known as public domain and the one known as malekiyat, which relates to the private domain of public property and recognizes the State as the rightful owner. Additional topics addressed include the protection of real property under the penal code, conflict resolution using the State Justice System, and the rules of judicial hearings concerning these real property conflicts.

Abstract: The hymeneal examination is often considered as the key of the gyneacological examination of a young girl victim of sexual assault, mainly because the concept of penetration is important under the French criminal code. However, the amount medical literature related to this topic is poor. The hymen examination must be conducted under strict conditions, by qualified personnel and as soon as possible after the alleged assault.The only kind of anomaly that can confirm a penetration is an injury to the posterior hymen extending up its base. The sensitivity of this sign is, however, low and its absence does not suggest that of penetration. A vaginal penetration does not always break the hymen, especially among adolescents. Moreover, the hymen can heal and thus it makes the examination difficult when it occurs a long time after the facts. Examination of the hymen is rarely the decisive factor in the forensic assessment of a young victim of sexual assault. [Copyright &y& Elsevier]

This article discusses the distinctions that exist between crimes, misdemeanors, and fines under the French penal code and the influence that distinction has had on European legal codes, especially in Italy. Although influential, the idea was adapted in each country correspondent to its own unique legal culture and political situation. The application of the constructions changed with the nature of judicial positivism, as well as the constantly changing understanding of the relationship between legal theory and practice.

Apple marginal "constitution d'un groupe criminel organisé", l'art. 367 du nouveau Code pénal incrimine dans le Titre VIII, Chapitre 1 intitulé: infractions contre l'ordre e la paix publique, l'infraction de " constitution d'un groupe criminel organisé", acte consistant à "initier ou à créer un groupe criminel organisé, à adhérer ou à soutenir, sous quelque forme un tel groupe". Législateur a également défini le groupe criminel en tant que "groupe structuré, formé de trois ou plusieurs personnes, pour une certaine période de temps et pour agir de façon coordonnée en vue de commettre un ou plusieurs crimes". Sur une autre note, nous remarquons que le nouveau Code pénal ne criminalise plus l'infraction d'association de malfaiteurs prévue actuellement par l'art. 323 du Code pénal e par l'art. 8 de la Loi n. 39/2003 sur la prévention et la lutte contre la criminalité organisée1 et non plus le crime de complot prévu par l'art. 167 C.pen. [ABSTRACT FROM AUTHOR]

Résumé: L''expertise psychiatrique pénale ne peut se concevoir comme acte médical que si l''expert exerce son observation clinique dans les limites proposées par le cadre du code de déontologie. À partir de cette dérogation déontologique possible, le médecin va pouvoir répondre comme auxiliaire de justice aux questions posées par un magistrat. La part complexe de ce travail tient au projet spécifique du cadre pénal qui amène le juge à orienter ces questions vers la manifestation de la vérité judiciaire. À partir de cette interrogation, le juge est amené à solliciter et à formuler des questions dont le contenu sort de l''observation médicale. Il est alors du devoir du médecin de cerner et de traduire ce qui de l''observable chez le sujet examiné est utile et nécessaire au travail de la justice. Cela demande à définir des termes qui sont de l''ordre du judiciaire comme crédibilité, vérité, et suggestibilité. Enfin, l''expertise d''une victime est le plus souvent le premier contact d''une personne avec un psychiatre. [Copyright &y& Elsevier]

Abstract: In legal proceedings the expert witness testimony may be considered a medical act only if the expert conducts his clinical observations within the limits established by the medical code of ethics. This will then allow the psychiatrist to help the judge reach a more informed legal decision. The difficulty inherent in this process is for the expert to give an exact answer (“yes” or “no”) to the questions formulated in order for the judge to arrive at an accurate decision. To better understand the evidence presented, the judge may ask empirical questions that require the expert witness to give testimony going beyond the information directly gathered through clinical observations. It is the expert witness'' responsibility to determine what amount of interpretation of material drawn from a clinical observation is appropriate to help the judge make a legal decision. This requires defining legal standards such as credibility, truth, and suggestibility. One must also recognize that the clinical observation of a victim is often the person''s first contact with a psychiatrist. [Copyright &y& Elsevier]

Copyright of EMC-Odontologie is the property of Elsevier B.V. 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.)