(Non)retroactivity of Ethiopian Criminal Law
|
|
- Jody Dennis
- 5 years ago
- Views:
Transcription
1 (Non)retroactivity of Ethiopian Criminal Law 1. Introduction Bereket Alemayehu Hagos* A criminal law may be changed owing to various reasons. Obsoleteness, loopholes and insufficiency of penalties on the part of the existing criminal law are some of the justifications which may warrant its amendment or replacement. Even though changing a criminal law following changes in circumstances is vital and advisable, the advent of a new criminal law may create the difficulty of determining the temporal scope of application of the former and the new laws. An interesting solution for such problem is the principle of nonretroactivity of criminal law, which states that a criminal law is applicable only to offences committed subsequent to its enactment. Nevertheless, this principle has some exceptions, which allow the retrospective application of a criminal law. The purpose of this article is, therefore, to explicate the meanings of and justifications for the (non) retroactivity of criminal law, to show how they are incorporated and how they must be comprehended under Ethiopian criminal law. 2. (Non)retroactivity of Criminal Law The word retroactive denotes extending in scope or effect to matters that have occurred in the past. 1 It follows that retroactive legislations, also known as ex post facto laws, are [l]aws which, expressly or by implication, operate so as to affect acts done prior to their having been passed. 2 In the context of criminal law, retroactivity is to make an action a crime that was not a crime at the time it was done. 3 As such, retroactivity of criminal law means that even a person well-informed about the law will be ignorant of the illegality of her or his acts because those acts are not deemed illegal until the retroactive law is made. 4 Conversely, the notion of nonretroactivity of criminal law * The author of this article holds LL.B. from Addis Ababa University. Currently, he is working as a Junior Associate at Mehrteab Leul and Associates Law Office. Any comment or question relating to this article may be sent to the following address: alemayehu.bereket@yahoo.com. 1 Bryan A. Garner (ed.), Black s Law Dictionary, (7 th Edition, West Group, Minnesota, 1999),p R. Smith, Anmol s Dictionary of Law, (1 st Edition, Anmol Publications Pvt. Ltd., New Delhi, 2010 Reprint), p Daniel Oran and Mark Tosti, Oran s Dictionary of the Law, (3 rd Edition, West Legal Studies, New York, 2000), p James Popple, The Right to Protection from Retroactive Criminal Law in Paul Byrne (ed) Criminal Law Journal, Vol. 13, No. 4, (August 1989), p
2 suggests that criminal law should be applicable only to crimes done after the coming into force of the law. 5 The principle that people should be free from retroactive law has its roots in another principle: that there is no crime or punishment except in accordance with law. 6 On this regard, Hobbes also asserted that [n]o law made after a fact done can make it a crime: because if the fact be against the law of nature, the law was before the fact; and a positive law cannot be taken notice of before it be made, and therefore cannot be obligatory. 7 It must be noted that the nonretroactivity of laws is regarded as one of the indispensable components of the venerable concept of rule of law. Brian Tamanaha stated that the prospectivity of laws is among the minimum characteristics of rule of law. 8 Besides, according to Lon Fuller, the nonretrospectivity of laws is an element of the internal morality of law. Furthermore, the weighty value accorded to the protection of individuals from retroactive criminal law is manifestable from the fact that it is ingrained under international and regional human rights laws. Among others, the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) safeguard individuals against retrospective criminal law. 9 Other human rights instruments also proscribe the application of criminal laws ex post facto. 10 At this point, it has to be noted that the prosecution of Nazi leaders at the Nürnberg trials following World War II for the crime of aggressive war a crime specifically defined for the first time in the Allied charter creating the International Military Tribunal for war criminals 5 Michael J. Glennon, The Blank-Prose Crime of Aggression, The Yale Journal of International Law, Vol. 35, (2010), P Supra note 4, p Thomas Hobbes, Leviathan, (1651), p Brian Tamanaha, A Concise Guide to the Rule of Law, Legal Studies Research Paper Series, (Paper # , September 2007), p Article 11 (2), the Universal Declaration of Human Rights (Adoptedby the UN General Assembly in December 1948 at Paris); Article 15, the International Covenant on Civil and Political Rights, (Adopted by the UN General Assembly in December 1966 at New York) 10 Article 7 (2), the African Charter on Human and Peoples Rights, (Adopted by the Assembly of Heads of State of the Organization of African Unity in June 1981 at Nairobi); Article 7, European Convention for the Protection of Human Rights and Fundamental Freedoms as Amended by Protocol No. 11, (Signed by the Members of the Council of Europe in November 1950 at Rome); Article 9, the American Convention on Human Rights, (Adopted by the Inter-American Specialized Conference on Human Rights in November 1969 at San José) 2
3 provoked extensive discussion over the scope and applicability of the principle against retroactive criminal laws Raisons D'être for the Nonretroactivity of Criminal Law There are certain robust justifications behind the principle of nonretroactivity of criminal law. Among others, retroactive criminal law cannot be in harmony with the principle of legality, particularly with the maxims nullum crimen sine lege (No crime without a law) and nulla poena sine lege (No punishment without a law authorizing it). 12 This is due to the fact that an ex post facto criminal law is enacted and executed subsequent to the commission of the offence it purports to punish. Some proponents of the principle also claim that prohibiting retrospective law-making contributes to the stability and certainty of the justice system. 13 This is so because if laws are made applicable only prospectively, those who are governed by them can easily ascertain their contents and shape their comportments accordingly. Moreover, outlawing retroactive criminal law serves as a safeguard against the historic practice of passing laws to punish particular individuals because of their political beliefs. 14 In other words, it is a tool for circumscribing the power of the law-making wing of the government against its unwarranted encroachments on the rights of individuals. Another rationale in favour of the proscription of ex post facto criminal laws is founded on the impossibility of compliance with such laws. This is owing to the fact that retrospective laws are inaccessible in the sense that they are not knowable at the time when the erstwhile legal acts or omissions occur. 15 Thus, the application of the maxim [ignorantia juris non excusat] to such a situation is unfair as that ignorance is beyond the control of the person in question Ex post facto law, Britannica Encyclopaedia, Available at < (Last Accessed on September 17, 2015). See also Supra note 4, pp Trevor W. Morrison, Fair Warning and the Retroactive Judicial Expansion of Federal Criminal Statutes, Southern California Law Review, Vol. 74, (2001), pp Supra note 4, p Supra note Supra note Id. 3
4 4. Nonretroactivity of Criminal Law in Ethiopia The Constitution of the Federal Democratic Republic of Ethiopia 17 (hereinafter Constitution ) stipulates: No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence at the time when it was committed. Nor shall a heavier penalty be imposed on any person than the one that was applicable at the time when the criminal offence was committed. 18 This provision of the Constitution enshrines the nonretrospectivity of criminal law and, at least by reading between the lines, the principle of legality, 19 which are further expounded in the Criminal Code of the Federal Democratic Republic of Ethiopia 20 (hereinafter Criminal Code or Code ). As a rationale for constitutionally entrenching the principle of nonretroactivity of criminal law, it is stated in the Explanatory Note on the Constitution that: Any law should have the nature of stability and certainty, particularly a penal law. For individuals to refrain from violating a law or to infringe a law with information about the consequential punishment, there should exist a fixed, known and certain law. The fairness of a law which is frequently changed or issued solely to punish (a) certain act(s) is doubtful. If a law is enacted to punish this or that person, it means that it has lost its general nature. 21 (Translation Mine) Pursuant to Article 5 (1) of the Criminal Code, if an act, declared to be a crime both under the repealed legislation and this Code, was committed prior to the coming into force of this Code, it shall be tried in accordance with the repealed law. This rule is corollary to the principle of due notice 17 Constitution of the Federal Democratic Republic of Ethiopia, Proclamation No. 1, Extraordinary Issue, Federal Negarit Gazeta, 1 st Year, No. 1, 21 August, Id, Article 22 (1) 19 Article 2, Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No. 414/2004, 9 May, As per Article 2 of the Criminal Code, criminal law specifies the various crimes and the penalties and measures applicable to criminals. In addition, it prescribes that the court may not treat as a crime and punish any act or omission which is not prohibited by law. A court is also forbidden from imposing penalties or measures other than those prescribed by law. The other aspects of the principle of legality, as incorporated under Article 2 of the Code, are the prohibition of the creation of crimes by analogy and the protection against double jeopardy. 21 የኢትዮጵያ ሕገ መንግስት ማብራሪያ ገፅ 50 4
5 which is incorporated under Article 1 Paragraph 2 of the Code. With respect to the principle of due notice, Philippe Graven has the following to say: [The Criminal Code] informs the citizens of how they are expected to behave and calls their attention to the rules the infringement of which is deemed contrary to the general interest; furthermore, by stating that ignorance of the rules is no defence to an infringement thereof, it supposes that everyone is aware of the existence and meaning of such rules. 22 Accordingly, Article 5 (1) of the Criminal Code, by prescribing the application of the law which the offender could take notice of when committing the offence (the repealed one) instead of the latter Code, protects the offender from an ex post facto criminal law. Therefore, it is the principle that the Code will be applied for crimes committed after its effective date (9 th of May, 2005) and which are not dealt with by other legislations. It has to be borne in mind that the principle of nonretroactivity of the Criminal Code, in addition to Article 22 (1) of the Constitution, is relevant to other criminal legislations as per Article 3 of the Code, which states that the general principles embodied in it are applicable to special criminal laws except as otherwise expressly provided therein. Be this as it may, it is difficult to expect a special criminal legislation which sets aside the principle of nonretroactivity, unless it is beneficial to the accused or convict. This is because a legislation which violates the constitutional prohibition of retroactive application of criminal law, unless it benefits the accused or convict, would be contrary to Article 22 of the Constitution and, hence, null and void. 23 Legislatures, prosecutors and judges, inter alia, are under obligation to ensure the observance of the principle of nonretroactivity of criminal law as provided under the Constitution. This duty of lawmakers, prosecutors and judges stems from Article 13 (1) of the Constitution, which obliges them to respect and enforce the provisions of Chapter 3 on Fundamental Rights and Freedoms. Consequently, federal and state legislative bodies must refrain from enacting ex post facto criminal laws. Prosecutors as well should utilize criminal laws which favour individuals when instituting criminal charges. Judges also must rule on such individuals based on better criminal laws. 22 Philippe Graven, An Introduction to Ethiopian Penal Law, (Berhanena Selam Printing Enterprise, Addis Ababa, 1965), p Article 9 (1), the Constitution 5
6 At this point, a question may be raised as to whether the principle of nonretroactivity is applicable to the Ethiopian criminal procedure law. It is possible to argue that since the principle requires criminal law to be nonretroactive and criminal law consists, in its wider sense, of substantive criminal law and procedural criminal law, both laws are non-retroactive. 24 Yet, this does not seem to be the position of our Constitution, 25 which protects individuals from criminal liability for an act that was not a crime at the time of its commission or from a heavier penalty than what was applicable during the commission of the crime. The relevant part of the Explanatory Note on the Constitution also does not deal with the law of criminal procedure, but solely with substantive criminal law. 26 Besides, from the standpoint of the Criminal Code, Dejene argues our lawmakers did not intend to make the principle applicable to criminal procedure law since the Code prescribes the application of some rules, which are more of procedural than substantive, to cases which are not yet finally decided regardless of the effect they may have on the fate of the criminals Retroactivity of Criminal Law in Ethiopia As is the case with many other human rights, the right to protection from retroactive criminal law is not an absolute right. In other words, there is an exceptional circumstance in which a criminal law may be retrospectively put into effect, i.e., when the ex post facto criminal law is favourable to the accused or convict. As an explanation for allowing this exception to the nonretroactivity of criminal law, it has been stated that: Where the legislature has thought it proper that an act which was previously declared to be an offence should no longer be punished or should be deserving of a lesser punishment, there is no reason why the offender should not be tried under this law and more satisfactory law, if its provision are more favourable to him than those of the law which he infringed. Neither the principle of legality nor equity prohibit an offender from being granted the benefit of the improvement of the law where no injustice will result from the new law being applied to acts done prior to its coming into operation Dejene Girma Janka, A Handbook on the Criminal Code of Ethiopia, (2013), p. 15. Some sources also extend the principle to the law of criminal procedure. See, for example, Supra note Id. In addition, the caption of the provision reads Non-retroactivity of Criminal Law. 26 Supra note 21, pp As an example, he cites Article 8 of the Criminal Code which stipulates that periods of limitation applicable to prosecute and enforce penalties in respect of crimes committed under the repealed legislation are to be regulated in accordance with the Code. Supra note Supra note 22, p
7 It is a universal exception to the principle of nonretroactivity of criminal law that a better criminal law than the one in force at the time of the commission of the crime must be applied for an accused or convict. In line with this fashion, the Constitution provides that a law promulgated subsequent to the commission of the offence shall apply if it is advantageous to the accused or convicted person. 29 The ICCPR, which is an integral part of the law of the land pursuant to Article 9 (4), also stipulates that if, subsequent to the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby. 30 But, this exception, which is restricted only to light punishment, is narrower than what is provided under Article 22 (2) of the Constitution, which permits the retroactivity of criminal law not only when it lightens the penalty but also when it benefits the accused or convict in any other possible manner. Besides, the Criminal Code states that where the criminal is tried for an earlier crime after the coming into force of this Code, its provisions shall apply if they are more favourable to him than those in force at the time of the commission of the crime. 31 In order to determine whether a new law is in fact more favourable, judges should take all the relevant provisions into account. 32 This is to say that a court may not confine itself to considering merely the punishment prescribed by each law for the offence committed, but that it must examine all the provisions which govern the liability to punishment or affect the nature or amount of punishment, such as the provisions regarding criminal responsibility and guilt or extenuating and aggravating circumstances. 33 There are some scenarios in which a newly passed criminal law may be advantageous to individuals accused or convicted of committing crimes based on a prior criminal law. These scenarios may generally be grouped into the following two broad categories. a) Decriminalization of a Former Offence Sometimes, it may happen that a new criminal law which decriminalizes a former crime can be enacted and put into practice. There may also be a possibility for a crime to be changed into an administrative or civil wrong through the enactment of a new law. 34 In such instances, the latter 29 Article 22 (2), the Constitution 30 Article 15 (1), the ICCPR 31 Article 6 Paragraph 1, the Criminal Code 32 Id, Article 6 Paragraph 2 33 Supra note 22, p In the pending grand corruption case Federal Ethics and Anti-corruption Commission Prosecutor v Melaku Fenta et al, it is recallable that the accused requested the court to apply the new Customs Proclamation No. 859/2013 (instead of the 7
8 decriminalizing criminal law will be retroactively applied to save individuals who committed the crimes before its coming into force from charges or remaining punishments. This is the simplest circumstance under which an ex post facto criminal law can be used to decide on offenders who committed crimes before its effective date. According to Article 5 (3) of the Criminal Code, no act shall be tried or punished where it was a crime committed under the repealed legislation but is not declared so to be under this Code. If proceedings have been instituted, they should be discontinued. 35 In addition, if a punishment was imposed, it shall no longer be enforceable or shall forthwith cease to have effect. 36 A case in point is the termination of a pregnancy which resulted from rape. Under the Penal Code, 37 the termination of a pregnancy which resulted from rape even by a registered medical practitioner and within the period permitted by the profession was a crime. 38 On the contrary, the Criminal Code allows terminating a pregnancy under such situations. 39 Thus, for a medical professional who terminated a pregnancy which resulted from rape within the period permitted in the profession before the entry into force of the Criminal Code, it is the Criminal Code which is more favourable than the Penal Code and, hence, must be applicable to charge her/him. If, however, a proceeding has already been set in motion against her/him pursuant to the Penal Code, it should be terminated. If a sentence is passed against her/him according to the Penal Code, it must immediately cease to have effect. b) Introduction of a Reduced Punishment The other scenario for the retroactive application of criminal law is when the punishment which a crime may entail is lessened by making a new legislation. In such circumstances, however, determining whether a new criminal law is beneficial to the accused or convict is sometimes not as easy as the case of decriminalization. previous law) on the ground that the new law benefits them by changing a crime, with which they are indicted, into an administrative fault. ታምሩ ጽጌ እነ አቶ መላኩ ፈንታ በሕገ መንግሥት ጉዳዮች አጣሪ ጉባዔ ውሳኔ ላይ ተቃውሞ አቀረቡ ሪፖርተር ቅፅ 20 ቁጥር 1598 (እሑድ ነሐሴ 17 ቀን 2007) ገፅ 3 35 Article 5 (3), the Criminal Code 36 Id, Article 9 (1) 37 Penal Code of the Empire of Ethiopia, Proclamation No. 158, Extraordinary Issue, Negarit Gazeta,16 th Year, No. 1, 23 July, Articles 528 and 533, the Penal Code 39 Article 551 (1) (a), the Criminal Code 8
9 To determine whether the punishment provided by the new criminal law is more lenient than the penalty stipulated under the previous law, regard must be had to the type, duration and amount of the punishments. In this respect, imprisonment is more lenient than the death penalty; simple imprisonment is more lenient than rigorous imprisonment; police arrest is more lenient than simple imprisonment; a fine is more lenient than any form of deprivation of liberty. 40 To illustrate, a person who committed contempt of court before the coming into force of the Criminal Code must be charged or convicted in accordance with the Penal Code since the punishment it prescribes is lesser than that of the Criminal Code. 41 In addition, due consideration must be given to both the maximum and minimum levels of the penalties. This is on account of the fact that even though the maximum punishments set in the previous and new criminal laws are the same, they might differ in the minimum amount or period and vice versa. In such cases, if the maximum penalties are equal, the criminal law with the lesser minimum punishment must be applied. If, however, the minimum penalties are equal, the criminal law with the lower maximum punishment must be utilized. For example, a person who committed the crime of fraudulent bankruptcy (not in serious cases) is punishable with a minimum of six months simple imprisonment both under the Penal Code and the Criminal Code, while the maximum is five years under the Penal Code and three years in the Criminal Code. 42 Thus, the Criminal Code is more advantageous than the Penal Code for a person who committed fraudulent bankruptcy before the effective date of the Criminal Code and should be applied retrospectively to her/him. Similarly, where both laws provide for the same term of imprisonment but one of the laws prescribes that a fine must be imposed in addition, the latter law will normally not be held to be more favourable. 43 This is because a criminal law which contemporaneously imposes imprisonment and fine on a convict affects her/his two interests, i.e., liberty and money. Apart from examining the punishment specified in the pertinent provision, a judge should look into the sentencing manual issued by the Federal Supreme Court and apply it retroactively to crimes 40 Supra note 22, p Article 443 (1) of the Penal Code provides for a penalty of simple imprisonment not exceeding six months or a fine not exceeding one thousand Birr. On the other hand, the Criminal Code, under Article 449 (1), sets simple imprisonment not exceeding one year or a fine not exceeding three thousand Birr as a punishment for the same crime. 42 Article 682 (1), the Penal Code, Articles 727 (1) and 106 (1), Paragraph 2, the Criminal Code 43 Supra note 22, pp
10 committed before its effective date, if it is beneficial to the accused. This position has been confirmed by the Federal Supreme Court Cassation Bench in SNNPRS s Prosecutor v Solomon Dessalegn 44 and Federal Prosecutor v Semir Ibrahim Hibu. 45 In these cases, the Cassation Bench ruled that if the newly issued Sentencing Manual (No. 2/2006 E.C.) is more favourable to the accused, by extenuating the punishment to be imposed on her/him, than the one that existed at the time of the commission of the crime, the former (the new Sentencing Manual) should be retrospectively applicable. At this juncture, it must be borne in mind that aside from the cases when a new criminal law is favourable to the accused or convict than the former law, the Criminal Code provides for other circumstances under which it is applicable without any comparison with the repealed law. These exceptions are solely based on the choice and determination of the House of People s Representatives. In these cases, the court has no other alternative than basing its actions on these provisions. These exceptions are incorporated under Articles 7 (Application as to Measures), 8 (Application as to Periods of Limitation), 9 (2) and (3) (Enforcement of Judgments Passed under Repealed Legislation) and 10 of the Code (Application as to Cancellation and Reinstatement). 6. (Non)retroactivity of Criminal Law and Repeated Crimes Some crimes may be committed repeatedly extending in scope before and after the coming into force of the new criminal law. In such cases, the principle of (non)retroactivity of criminal law cannot be of help. This is because it presupposes the consummation of a crime under a single criminal law. 46 Hence, we have to look for another way out. If, as per Article 61 of the Criminal Code, the repeated acts constitute a single crime, the time of the commission of the crime is the time when one of the repeated acts is committed. 47 For example, if a married man repeatedly commits adultery from January September 2005, the crime may be regarded as committed before, on or after May 9, 2005 (the effective date of the Criminal Code) in accordance with Article 25 (3) of the Criminal Code. Hence, this crime has multiple dates of 44 Cassation File No , Decisions of the Federal Supreme Court Cassation Bench, Vol. 16, (2014). 45 Cassation File No , Decisions of the Federal Supreme Court Cassation Bench, Vol. 17, (2015). 46 Supra note 24, p Article 25 (3), the Criminal Code 10
11 commission, which makes the application of the (non)retroactivity principle difficult, if not impossible. Some argue, in such circumstances, that the applicable law must be the law which was in force at the time of the commission of the first act, although the criminal act was continued subsequent to the enactment of the new law. 48 Another option may be applying the new law as the commission of the crime is consummated under this law, even though the intention was formed and the act has commenced under the old law. 49 Fascinatingly, Dejene proposes another more persuasive solution, based on the criminal law maxim doubts shall benefit criminals, by maintaining that in as long as the crime committed is only one and it is not possible to pinpoint the exact time the crime is said to have been committed, the crime should be deemed to have been committed under the law that is more favourable to the [accused] and he should be tried thereunder Conclusion It is a common rule that a criminal law will apply for crimes committed after it came into force. There are some reasons which justify the widespread acceptance of this principle under national legislations and human rights instruments. Exceptionally however, if it is more advantageous to the accused or convict when compared with the law which she/he infringed, a criminal law may be retrospectively used to handle offences committed prior to its effective date. As expounded in the body of this article, the principle of nonretroactivty of criminal law along with its exception is entrenched in our Constitution and further detailed in the Criminal Code. Hence, criminal laws are, in principle, prospective in our legal system. Yet, if a new criminal law is more advantageous to the accused or convict than the law that was in force at the time of the commission of the crime, our system allows its retrospective application. 48 Supra note 22, p Supra note 24, pp Id, p
IN THE NAME OF THE RUSSIAN FEDERATION CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION. Judgment of 27 May 2008 No. 8-П
IN THE NAME OF THE RUSSIAN FEDERATION CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION Judgment of 27 May 2008 No. 8-П in the case concerning the review of constitutionality of the provisions of Section
More informationThe principle of legality in criminal law in the Republic of Albania
The principle of legality in criminal law in the Republic of Albania Dr. Luan Hasneziri Judge at the Court of Serious Crimes, Tirana Lecturer at the Albanian University, Tirana Abstract The criminal law
More informationCHAPTER 19. Ch. 19. Sentences. Part A] Part A GENERAL
Ch. 19 Part A] CHAPTER 19 Sentences Part A GENERAL 1. The award of suitable sentence depends on a variety of considerations The determination of appropriate punishment after the conviction of an offender
More informationTHE ROAD TO ACCESSION TO THE INTERNATIONAL CRIMINAL COURT
THE ROAD TO ACCESSION TO THE INTERNATIONAL CRIMINAL COURT Harkristuti Harkrisnowo Director General for Human Rights Ministry of Justice and Human Rights ICC main features the 1 st permanent international
More informationJoined Cases C-189/02 P, C-202/02 P, C-205/02 P to C-208/02 P and C-213/02 P. Dansk Rørindustri and Others v Commission of the European Communities
Joined Cases C-189/02 P, C-202/02 P, C-205/02 P to C-208/02 P and C-213/02 P Dansk Rørindustri and Others v Commission of the European Communities (Appeal Competition District heating pipes (pre-insulated
More informationCriminal Procedure (Reform and Modernisation) Bill 2010
Digest No. 1819 Criminal Procedure (Reform and Modernisation) Bill 2010 Date of Introduction: 15 November 2010 Portfolio: Select Committee: Published: 18 November 2010 by John McSoriley BA LL.B, Barrister,
More informationCriminal Procedure Code No. 301/2005 Coll.
Criminal Procedure Code No. 301/2005 Coll. P A R T F I V E L E G A L R E L A T I O N S W I T H A B R O A D CHAPTER ONE BASIC PROVISIONS Section 477 Definitions For the purposes of this Chapter: a) an international
More informationCase 0303/05. Advocaten voor de Wereld VZW v Leden van de Ministerraad
Case 0303/05 Advocaten voor de Wereld VZW v Leden van de Ministerraad (Reference for a preliminary ruling from the Arbitragehof) (Police and judicial cooperation in criminal matters Articles 6(2) EU and
More information* First of all the interpreter has to determine whether the legislation is actually in force.
1 CHAPTER 3 COMMENCEMENT OF LEGISLATION * First of all the interpreter has to determine whether the legislation is actually in force. 3.1 Adoption and promulgation of legislation It is important to distinguish
More informationHUDOC: List of Keywords Article by Article
The legal issues dealt with in each case are summarized in a list of Keywords, chosen from a thesaurus of terms taken (in most cases) directly from the text of the European Convention on Human Rights and
More informationIssue Numbers Research and Analysis of Trials Held in Domestic Jurisdictions for Breaches of International Criminal Law.
Deputy Prosecutor International Criminal Tribunal for Rwanda Issue Numbers 39-41 Research and Analysis of Trials Held in Domestic Jurisdictions for Breaches of International Criminal Law. Per C. Vaage
More informationCrimes (Sentencing Procedure) Act 1999 No 92
New South Wales Crimes (Sentencing Procedure) Act 1999 No 92 Summary of contents Part 1 Preliminary Part 2 Penalties that may be imposed Division 1 General Division 2 Alternatives to full-time detention
More informationTO: Members of the Preparatory Committee on the Establishment of an International Criminal Court
INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA CHURCHILLPLEIN, 1. P.O. BOX 13888 2501 EW THE HAGUE, NETHERLANDS TELEPHONE 31 70 416-5329 FAX: 31 70416-5307 MEMORANDUM TO: Members of the Preparatory
More informationTHE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT
1 of 9 17/03/2011 13:53 THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT 2006 (Act XII of 2006) C O N T E N T S SECTIONS 1. Short title, extent, commencement and application. 2. Definitions.
More informationCOUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS FOURTH SECTION. CASE OF PUHK v. ESTONIA. (Application no /00) JUDGMENT
CONSEIL DE L EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS FOURTH SECTION CASE OF PUHK v. ESTONIA (Application no. 55103/00) JUDGMENT STRASBOURG 10 February
More informationAct No. 403/2004 Coll. Article I PART ONE BASIC PROVISIONS
Act No. 403/2004 Coll. of 24 June 2004 on the European Arrest Warrant and on amending and supplementing certain other laws The National Council of the Slovak Republic has enacted this Act: Article I PART
More informationProclamation No 433/2005. The REVISED PROCLAMATION FOR THE ESTABLISHMENT OF THE FEDERAL ETHICS AND ANTI-CORRUPTION COMMISSION
Proclamation No 433/2005 The REVISED PROCLAMATION FOR THE ESTABLISHMENT OF THE FEDERAL ETHICS AND ANTI-CORRUPTION COMMISSION WHEREAS, the Government and the Peoples of Ethiopia recognize that corruption
More informationCriminal Procedure Act 2009
Examinable excerpts of Criminal Procedure Act 2009 as at 2 October 2017 CHAPTER 2 COMMENCING A CRIMINAL PROCEEDING PART 2.1 WAYS IN WHICH A CRIMINAL PROCEEDING IS COMMENCED 5 How a criminal proceeding
More information1 P a g e LAW. Article 4 ON RESPONSIBILITY OF LEGAL ENTITIES FOR CRIMINAL OFFENCES
LAW ON RESPONSIBILITY OF LEGAL ENTITIES FOR CRIMINAL OFFENCES ("Official Herald of the Republic of Serbia", No. 97/2008) Part One I BASIC PROVISIONS Subject-matter of the Law Article 1 This Law regulates
More informationTHE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT 2006 (XII OF 2006)
THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT 2006 (XII OF 2006) CONTENTS 1. Short title, extent, commencement and application 2. Definitions 3. Grounds for proceedings and penalty
More informationCHAPTER 383 HONG KONG BILL OF RIGHTS PART I PRELIMINARY
CHAPTER 383 HONG KONG BILL OF RIGHTS An Ordinance to provide for the incorporation into the law of Hong Kong of provisions of the International Covenant on Civil and Political Rights as applied to Hong
More informationCRIMINAL CODE OF THE REPUBLIC OF SLOVENIA (KZ-1) GENERAL PART. Chapter One FUNDAMENTAL PROVISIONS. Imposition of Criminal Liability Article 1
CRIMINAL CODE OF THE REPUBLIC OF SLOVENIA (KZ-1) GENERAL PART Chapter One FUNDAMENTAL PROVISIONS Imposition of Criminal Liability Article 1 (1) Criminal liability in the Republic of Slovenia may be imposed
More informationInternational Covenant on Civil and Political Rights
United Nations CCPR/C/100/D/1346/2005 International Covenant on Civil and Political Rights Distr.: Restricted * 28 October 2010 Original: English Human Rights Committee One hundredth session 11 to 29 October
More informationALL ABOUT WORDS ON THE PROCEDURE OF CONSTITUTIONAL INTERPRETATION IN ETHIOPIA: A COMMENT ON MELAKU FANTA CASE
ALL ABOUT WORDS ON THE PROCEDURE OF CONSTITUTIONAL INTERPRETATION IN ETHIOPIA: A COMMENT ON MELAKU FANTA CASE Dessalegn Berhanu Wagasa* 1. INTRODUCTION The procedure of constitutional interpretation governs
More informationIN THE NAME OF THE RUSSIAN FEDERATION Constitutional Court of the Russian Federation. Judgment of 14 July 2011 No. 16-П
IN THE NAME OF THE RUSSIAN FEDERATION Constitutional Court of the Russian Federation Judgment of 14 July 2011 No. 16-П In the case concerning the review of constitutionality of the provisions of Paragraph
More information5. There shall be a sitting of Parliament and of each legislature at least once every twelve months. (82)
CANADIAN CHARTER OF RIGHTS AND FREEDOMS Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Guarantee of Rights and Freedoms Rights and freedoms in Canada
More information3. The provisions of subsections 1 and 2 do not apply if exceptional or temporary laws are concerned.
Digs 231/2001 Executive decree no. 231 of 8 June 2001 Discipline of the administrative liability of legal persons, of companies and of associations even without a legal status, pursuant to Article 11 of
More informationThe Importance of Implementation of Constitutional Principles in Criminal Procedure 1
EUROPEAN ACADEMIC RESEARCH Vol. II, Issue 7/ October 2014 ISSN 2286-4822 www.euacademic.org Impact Factor: 3.1 (UIF) DRJI Value: 5.9 (B+) The Importance of Implementation of Constitutional Principles 1
More informationFiji Comments on the Discussion Paper on implementation of the Rome Statute of the International Criminal Court
TABLE OF CONTENTS Introduction... 1 1. Incorporating crimes within the jurisdiction of the Court... 2 (a) genocide... 2 (b) crimes against humanity... 2 (c) war crimes... 3 (d) Implementing other crimes
More informationREPUBLIC OF SINGAPORE ACTS SUPPLEMENT. Published by Authority
1 of 15 27/04/2015 1:41 PM Protection from Harassment Act 2014 (No. 17 of 2014) Long Title Enacting Formula Part I PRELIMINARY 1 Short title and commencement 2 Interpretation Part II OFFENCES 3 Intentionally
More informationIN THE SUPREME COURT OF FLORIDA DISCRETIONARY REVIEW OF DECISION OF THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
IN THE SUPREME COURT OF FLORIDA RONALD COTE Petitioner vs. Case No.SC00-1327 STATE OF FLORIDA, Respondent / DISCRETIONARY REVIEW OF DECISION OF THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT BRIEF
More informationLEGISLATIONS IMPLEMENTING THE ICTY STATUTE ITALY
LEGISLATIONS IMPLEMENTING THE ICTY STATUTE Member States Cooperation ITALY Provisions on Co-operation with the International Tribunal for the Prosecution of Serious Violations of International Humanitarian
More informationAct No. 502 of 23 May 2018
Act No. 502 of 23 May 2018 This version has been translated for the Danish Ministry of Justice. The official version was published in Lovtidende (the Law Gazette) on 24 May 2018. Only the Danish version
More informationSchedule B. Constitution Act, 1982 (79) Enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11, which came into force on April 17, 1982
Guarantee of Rights and Freedoms Fundamental Freedoms Democratic Rights Mobility Rights Legal Rights Equality Rights Official Languages of Canada Minority Language Educational Rights Enforcement General
More informationCCPR. United Nations. International covenant on civil and political rights. Distr. RESTRICTED * CCPR/C/97/D/1425/ November 2009
United Nations CCPR International covenant on civil and political rights Distr. RESTRICTED * CCPR/C/97/D/1425/2005 23 November 2009 Original: ENGLISH HUMAN RIGHTS COMMITTEE Ninety-seventh session 12 to
More informationCanadian charter of rights and freedoms
Canadian charter of rights and freedoms Schedule B Constitution Act, 1982 (79) Enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11, which came into force on April 17, 1982 PART I Whereas Canada
More informationNC General Statutes - Chapter 15A Article 91 1
Article 91. Appeal to Appellate Division. 15A-1441. Correction of errors by appellate division. Errors of law may be corrected upon appellate review as provided in this Article, except that review of capital
More informationCRIMINAL CODE. ( Official Gazette of the Republic of Montenegro no. 70/2003, and Correction, no. 13/2004) GENERAL PART CHAPTER ONE GENERAL PROVISIONS
CRIMINAL CODE ( Official Gazette of the Republic of Montenegro no. 70/2003, and Correction, no. 13/2004) GENERAL PART CHAPTER ONE GENERAL PROVISIONS Basis and scope of criminal law compulsion Article 1
More informationSIXTH INTERNATIONAL CONGRESS OF PENAL LAW (Rome, 27 September 3 October 1953) 6
SIXTH INTERNATIONAL CONGRESS OF PENAL LAW (Rome, 27 September 3 October 1953) 6 Topics: 1. Criminal protection of international conventions on humanitarian law. 2. Protection of personal freedoms during
More informationI transmit also, for the information of the Senate, the Report of the Department of State with respect to the Treaty.
BILATERAL EXTRADITION TREATIES COSTA RICA EXTRADITION TREATY WITH COSTA RICA TREATY DOC. 98-17 1982 U.S.T. LEXIS 224 December 4, 1982; December 16, 1982, Date-Signed MESSAGE FROM THE PRESIDENT OF THE UNITED
More informationINTERNATIONAL STANDARDS ON THE DEATH PENALTY
INTERNATIONAL STANDARDS ON THE DEATH PENALTY Table of Contents 1 INTRODUCTION... 1 2 GENERAL HUMAN RIGHTS PRINCIPLES... 1 3 ABOLITION... 2 4 INTERNATIONAL TREATIES FAVOURING ABOLITION... 3 5 NON-USE...
More informationDraft Statute for an International Criminal Court 1994
Draft Statute for an International Criminal Court 1994 Text adopted by the Commission at its forty-sixth session, in 1994, and submitted to the General Assembly as a part of the Commission s report covering
More informationIN THE SUPREME COURT OF BELIZE, A.D (Criminal) Inferior Appeal No. 7 of 2016 BETWEEN: AND DECISION
IN THE SUPREME COURT OF BELIZE, A.D. 2016 (Criminal) Inferior Appeal No. 7 of 2016 BETWEEN: ROBERT FLORES THE POLICE AND Appellant Respondent Before: The Honourable Madam Justice Shona Griffith Date of
More informationTHE CRIMINAL LAW (AMENDMENT) BILL, 2018
AS INTRODUCED IN LOK SABHA Bill No. 126 of 2018 5 THE CRIMINAL LAW (AMENDMENT) BILL, 2018 A BILL further to amend the Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973
More informationCODE OF CRIMINAL PROCEDURE PART ONE GENERAL PROVISIONS. Chapter I BASIC PRINCIPLES. Article 1
CODE OF CRIMINAL PROCEDURE PART ONE GENERAL PROVISIONS Chapter I BASIC PRINCIPLES Article 1 (1) This Code establishes the rules with which it is ensured that an innocent person is not convicted and the
More informationGENERAL PRINCIPLES OF ADMINISTRATIVE SANCTIONS IN THE ROMANIAN LAW
GENERAL PRINCIPLES OF ADMINISTRATIVE SANCTIONS IN THE ROMANIAN LAW ELENA MIHAELA FODOR Abstract. The article is presenting a general description of the characteristics of administrative sanctions, as well
More informationThis Act may be cited as the Mutual Assistance in Criminal and Related Matters Act 2003.
MUTUAL ASSISTANCE IN CRIMINAL AND RELATED MATTERS ACT 2003 Act 35 of 2003 15 November 2003 P 29/03; Amended 34/04 (P 40/04); 35/04 (P 39/04); 14/05 ARRANGEMENT OF SECTIONS PART I - PRELIMINARY 1. Short
More informationIMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT 27 OF ] (English text signed by the President)
IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT 27 OF 2002 [ASSENTED TO 12 JULY 2002] [DATE OF COMMENCEMENT: 16 AUGUST 2002] ACT (English text signed by the President) Regulations
More informationArticle 6. [Exercise of jurisdiction] [Preconditions to the exercise of jurisdiction]
Page 30 N.B. The Court s jurisdiction with regard to these crimes will only apply to States parties to the Statute which have accepted the jurisdiction of the Court with respect to those crimes. Refer
More informationPatrimoine canadien. Canadian. Heritage. The. Canadian. Charter of Rights and Freedoms
Canadian Heritage Patrimoine canadien The Canadian Charter of Rights and Freedoms The Canadian Charter of Rights and Freedoms Whereas Canada is founded upon principles that recognize the supremacy of God
More informationCOURT OF APPEALS TUSCARAWAS COUNTY, OHIO FIFTH APPELLATE DISTRICT
[Cite as State v. Gillespie, 2012-Ohio-3485.] COURT OF APPEALS TUSCARAWAS COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO Plaintiff-Appellee -vs- JOSEPH GILLESPIE Defendant-Appellant JUDGES Hon. W.
More informationProposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. on the right to interpretation and translation in criminal proceedings
EUROPEAN COMMISSION Brussels, 9.3.2010 COM(2010) 82 final 2010/0050 (COD) C7-0072/10 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the right to interpretation and translation
More informationCRIMES (AMENDMENT) ACT 1989 No. 198
CRIMES (AMENDMENT) ACT 1989 No. 198 NEW SOUTH WALES TABLE OF PROVISIONS 1. Short title 2. Commencement 3. Amendment of Crimes Act 1900 No. 40 ASSAULT SCHEDULE 2 - AMENDMENTS RELATING TO PENALTIES CRIMES
More information*Please note that this translation is missing the following amendments to the Act: JUVENILE COURTS ACT. (Official Gazette no. 111/1997) PART ONE
Please note that the translation provided below is only provisional translation and therefore does NOT represent an official document of Republic of Croatia. It confers no rights and imposes no obligations
More informationCOMMITTEE FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT
CLT-11/CONF/211/3 Paris, 6 September 2011 Original: English UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION COMMITTEE FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT
More informationACT ON THE RESPONSIBILITY OF LEGAL PERSONS FOR THE CRIMINAL OFFENCES
Please note that the translation provided below is only provisional translation and therefore does NOT represent an official document of the Republic of Croatia. It confers no rights and imposes no obligations
More informationCRIMINAL LAW JURISDICTION, PROCEDURE, AND THE COURTS. February 2017
CRIMINAL LAW JURISDICTION, PROCEDURE, AND THE COURTS February 2017 Prepared for the Supreme Court of Nevada by Ben Graham Governmental Advisor to the Judiciary Administrative Office of the Courts 775-684-1719
More informationBangladesh Supreme Court Bar Association Human Rights Conference Dhaka 13 October 2010
Bangladesh Supreme Court Bar Association Human Rights Conference Dhaka 13 October 2010 Bangladesh its Constitution & the International Crimes (Tribunals) (Amendment) Act 2009 By Steven Kay QC 1 The Purpose
More informationPLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.
PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 2, 2015. It is intended for information and reference purposes only. This
More informationMAINTENANCE AMENDMENT BILL
REPUBLIC OF SOUTH AFRICA MAINTENANCE AMENDMENT BILL (As introduced in the National Assembly (proposed section 7); explanatory summary of Bill published in Government Gazette No. 38138 of 29 October 2014)
More informationCriminal Procedure in the Czech Republic Common Rules and Institutions of Criminal Procedure
Czech Criminal Justice System Jaroslav Fenyk Criminal Procedure in the Czech Republic Common Rules and Institutions of Criminal Procedure Fundamental Principles of the Czech Criminal Procedure Legality
More informationSamuel G. Momanyi v Attorney General & another [2012] eklr REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Petition 341 of 2011 SAMUEL G. MOMANYI..PETITIONER VERSUS THE HON. ATTORNEY GENERAL..... 1ST RESPONDENT SDV TRANSAMI KENYA LTD....2ND
More informationCED/C/NLD/1. International Convention for the Protection of All Persons from Enforced Disappearance
United Nations International Convention for the Protection of All Persons from Enforced Disappearance Distr.: General 29 July 2013 Original: English CED/C/NLD/1 Committee on Enforced Disappearances Consideration
More informationPENAL CODE GENERAL PART. Chapter One FUNDAMENTAL PROVISIONS. No Criminal Offence and Sentence without the Statute. Article 1
Disclaimer: The English language translation of the text of the Penal Code (of the Republic of Slovenia) below is provided for information only and confers no rights nor imposes any obligations on anyone.
More informationENFORCEMENT OF THE MORE FAVORABLE CRIMINAL LAW AFTER THE ENTERING INTO FORCE OF THE NEW CRIMINAL CODE
ENFORCEMENT OF THE MORE FAVORABLE CRIMINAL LAW AFTER THE ENTERING INTO FORCE OF THE NEW CRIMINAL CODE Assistant lecturer, Gheorghe CIOBANU, Constantin Brâncuşi University of Târgu-Jiu ABSTRACT The new
More informationExplanatory Report to the European Convention on the Transfer of Proceedings in Criminal Matters
European Treaty Series - No. 73 Explanatory Report to the European Convention on the Transfer of Proceedings in Criminal Matters Strasbourg, 15.V.1972 Introduction I. The European Convention on the Transfer
More informationCANADIAN CHARTER OF RIGHTS AND FREEDOMS [FEDERAL]
PDF Version [Printer friendly ideal for printing entire document] CANADIAN CHARTER OF RIGHTS AND FREEDOMS [FEDERAL] Published by Important: Quickscribe offers a convenient and economical updating service
More informationCONTEMPT OF COURT ACT
LAWS OF KENYA CONTEMPT OF COURT ACT NO. 46 OF 2016 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org Contempt of Court No. 46 of 2016 Section
More informationPenal Code 1. Passed RT I 2001, 61, 364 entry into force
Penal Code 1 Passed 06.06.2001 RT I 2001, 61, 364 entry into force 01.09.2002 Amended by the following acts Passing Publication Entry into force 15.05.2002 RT I 2002, 44, 284 01.09.2002 12.06.2002 RT I
More information(other than the Central People's Government or the government of any other
FUGITIVE OFFENDERS ORDINANCE - CHAPTER 503 FUGITIVE OFFENDERS ORDINANCE - LONG TITLE Long title VerDate:06/30/1997 An Ordinance to make provision for the surrender to certain places outside Hong Kong of
More informationSUMMARY PROCEEDINGS ACT
c t SUMMARY PROCEEDINGS ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 2, 2015. It is intended for information and
More informationPROCEEDS OF CRIME ACT
PROCEEDS OF CRIME ACT CHAPTER 11:27 Act 55 of 2000 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1 79.. -/ L.R.O. -/ 2 Ch. 11:27 Proceeds of Crime Note on Subsidiary Legislation Note
More informationentry into force 7 December 1978, in accordance with Article 23
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) Adopted on 8 June 1977 by the Diplomatic Conference
More informationJUDGEMENT. (Delivered by KUMAI BAYANG AKAAI-IS, JSC) High Court, Ikeja Division on 8/8/2008. The charge was amended Oil /2008
IN THE SUPREME COURT OF NIGERIA HOLDEN AT ABUJA ON FRIDAY, THE 13 TH DAY OF DECEMBER, 2013 BEFORE THEIR LORDSHIPS:- MAHMUD MOHAMMED MOHAMMED S. MUNTAKA-COOMASSIE JOHN AFOLABI FABIYI NWALI SYLVESTER NGWUTA
More informationEXTRADITION ACT Act 7 of 2017 NOT IN OPERATION ARRANGEMENT OF CLAUSES
EXTRADITION ACT Act 7 of 2017 NOT IN OPERATION ARRANGEMENT OF CLAUSES Clause PART I PRELIMINARY 16. Proceedings after arrest 1. Short title 17. Search and seizure 2. Interpretation Sub-Part C Eligibility
More informationGOVERNMENT GAZETTE EXTRAORDINARY, 2ND MAY, 1963 ACT
2 GOVERNMENT GAZETTE EXTRAORDINARY, 2ND MAY, 1963 No. 37. 1963.} Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish
More informationSecond Session Eleventh Parliament Republic of Trinidad and Tobago. REPUBLIC OF TRINIDAD AND TOBAGO Act No. 9 of 2017
Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 56, No. 82, 7th August, 2017 Second Session Eleventh Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No.
More informationExplanatory Report to the Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms
European Treaty Series - No. 117 Explanatory Report to the Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms Strasbourg, 22.XI.1984 Introduction l. Protocol No.
More informationCourt Suppression and Non-publication Orders Act 2010 No 106
New South Wales Court Suppression and Non-publication Orders Act 2010 No 106 Contents Part 1 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Definitions 2 4 Inherent jurisdiction and powers of courts
More informationWorking with Children Amendment Act 2010
TABLE OF PROVISIONS Section Page 1 Purposes 1 2 Commencement 2 3 Diversion orders 2 4 Child-related work 2 5 Applications 3 6 Enquiries about applications 4 7 Consideration of further applications 4 8
More informationThe Human Rights Committee, established under article 28 of the International Covenant on Civil and Political Rights,
HUMAN RIGHTS COMMITTEE Guesdon v. France Communication No. 219/1986 25 July 1990 VIEWS Submitted by: Dominique Guesdon (represented by counsel) Alleged victim: The author State party concerned: France
More informationDomestic Violence, Crime and Victims Bill [HL]
[AS AMENDED IN STANDING COMMITTEE E] CONTENTS PART 1 DOMESTIC VIOLENCE ETC Amendments to Part 4 of the Family Law Act 1996 1 Breach of non-molestation order to be a criminal offence 2 Additional considerations
More informationCanadian soldiers are entitled to the rights and freedoms they fight to uphold.
Canadian soldiers are entitled to the rights and freedoms they fight to uphold. This report is a critical analysis Bill C-41, An Act to amend the National Defence Act and to make consequential amendments
More informationPart 1 of the Constitution Act, 1982 Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:
Part 1 of the Constitution Act, 1982 Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Guarantee of Rights and Freedoms 1. The Canadian Charter of Rights
More informationGeneral Principles of Administrative Law
General Principles of Administrative Law 6 Legal Certainty and Protection of Legitimate Expectations Univ.-Prof. Dr. Ulrich Stelkens Chair for Public Law, German and European Administrative Law 6 Legal
More informationIN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CRI [2015] NZHC Appellant. NEW ZEALAND POLICE Respondent JUDGMENT OF CLIFFORD J
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CRI-2015-485-17 [2015] NZHC 2235 BETWEEN AND DINH TU DO Appellant NEW ZEALAND POLICE Respondent Hearing: 23 June 2015 Counsel: A Shaw for Appellant
More informationRules of Procedure and Evidence*
Rules of Procedure and Evidence* Adopted by the Assembly of States Parties First session New York, 3-10 September 2002 Official Records ICC-ASP/1/3 * Explanatory note: The Rules of Procedure and Evidence
More informationAdministrative Sanctions in European law Ljubljana, March Answers to questionnaire: Germany
Seminar organized by the Supreme Court of the Republic of Slovenia and ACA-Europe Administrative Sanctions in European law Ljubljana, 23 24 March 2017 Answers to questionnaire: Germany Seminar co-funded
More informationSubmission of Amnesty International-Thailand on the rights to be included in the ASEAN Declaration on Human Rights
Submission of Amnesty International-Thailand on the rights to be included in the ASEAN Declaration on Human Rights February 2011 Introduction Below is a list of those human rights which Amnesty International
More informationLEGAL RIGHTS - CRIMINAL - Presumption of Innocence
IV. CONCLUDING OBSERVATIONS ICCPR Luxembourg, ICCPR, A/48/40 vol. I (1993) 30 at paras. 133, 142 and 144. Paragraph 133 The use of preventive detention should not become routine nor should it lead to excessive
More informationFEDERAL DEMOCRATIC NEGARIT GAZETA OF THE DEMOCRATIC REPUBLIC OF ETHIOPIA 12th Year No. 12 ADDIS ABABA 27th February, 2006
FEDERAL DEMOCRATIC NEGARIT GAZETA OF THE DEMOCRATIC REPUBLIC OF ETHIOPIA 12th Year No. 12 ADDIS ABABA 27th February, 2006 Proclamation No. 481/2006 Plant Breeders' Right Proclamation...Page 3339 PROCLAMATION
More informationCriminal Procedure Amendment (Domestic Violence Complainants) Act 2014 No 83
New South Wales Criminal Procedure Amendment (Domestic Violence Complainants) Act 2014 No 83 Contents Page 1 Name of Act 2 2 Commencement 2 3 New South Wales Criminal Procedure Amendment (Domestic Violence
More informationAct on Equality between Women and Men ( 609/1986 ; amendments up to 232/2005 included)
The Act on Equality between Women and Men Act on Equality between Women and Men ( 609/1986 ; amendments up to 232/2005 included) Section 1 Objectives The objectives of this Act are to prevent discrimination
More informationLimitation periods in claims for wrongful conviction, temporary arrest or detention. Magdalena Makieła 1
Limitation periods in claims for wrongful conviction, temporary arrest or detention by Magdalena Makieła 1 There is no justice system capable of avoiding errors, but there must be one to compensate them.
More informationamnesty international Ethiopia:
Public amnesty international Ethiopia: Comments on Draft Charities and Societies Proclamation June 2008 AI Index: AFR 25/005/2008 INTERNATIONAL SECRETARIAT, 1 EASTON STREET, LONDON WC1X 0DW, UNITED KINGDOM
More informationCHILDREN S RIGHTS - LEGAL RIGHTS
I. ARTICLES Article 12, CRC Article 12 1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child,
More informationTHE SUPREME COURT THE MINISTER FOR JUSTICE EQUALITY AND LAW REFORM AND JOHN RENNER-DILLON
THE SUPREME COURT 104/10 Murray C.J. Denham J. Finnegan J. BETWEEN THE MINISTER FOR JUSTICE EQUALITY AND LAW REFORM APPLICANT/RESPONDENT AND JOHN RENNER-DILLON RESPONDENT/APPELLANT Judgment of Mr Justice
More informationMENTAL DEFICIENCY AND THE CRIMINAL LAW
MENTAL DEFICIENCY AND THE CRIMINAL LAW P.M. Bakshi" One of the ever recurring problems that arise before those who have to formulate, apply or administer the criminal law, is concerned with the mental
More informationCivil Liberties & the Rights of the Accused CIVIL RIGHTS AND CIVIL LIBERTIES
Civil Liberties & the Rights of the Accused CIVIL RIGHTS AND CIVIL LIBERTIES In the U.S. when one is accused of breaking the law he / she has rights for which the government cannot infringe upon when trying
More informationIntroduction to Criminal Law
Introduction to Criminal Law CHAPTER CONTENTS Introduction 2 Crimes versus Civil Wrongs 2 Types of Criminal Offences 3 General Principles of Criminal Law 4 Accessories and Parties to Crimes 5 Attempted
More information