scholarly journals An order of crime the criminal law of the Independent State of Croatia (NDH) 1941-1945

Balcanica ◽  
2017 ◽  
pp. 289-342
Author(s):  
Igor Vukovic
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Concentration Camps ◽  
Independent State ◽  
The Creation ◽  
Legal Character ◽  
Kingdom Of Yugoslavia ◽  
Collective Punishment

The system of criminal law norms passed in the so-called Independent State of Croatia (NDH) from its inception in 1941 was aimed at creating and maintaining an atmosphere of terror implemented by the Ustasha government. Although the framework of substantive and procedural rules of the Kingdom of Yugoslavia was formally retained, immediately after the establishment of the NDH regulations introducing many new crimes punishable by death were enacted. Defining the ?honour and vital interests of the Croatian people? as an appropriate object of criminal law protection enabled the creation of a regime of legalized repression against non-Croat populations, with an extensive jurisdiction of martial criminal justice. In addition to abuse of the court martial mechanism, the criminal character of government was also manifested in the wide application of administrative and punitive measures of sending to concentration camps as well as collective punishment. In line with Radbruch?s thought, the author denies the legal character of the system of criminal law formally established in the territory of the NDH in the circumstances of genocide.

Crime and Punishment

2019 ◽  
pp. 73-106
Author(s):  
Anna Ross
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
State Building ◽  
The Political ◽  
Easy Task ◽  
Reform Agenda ◽  
Crime And Punishment ◽  
The Creation ◽  
Procedural Reform

This chapter sets out to chart the reforms to criminal and penal affairs undertaken in Prussia in the 1850s. Both Manteuffel and the Justice Minister Ludwig Simons believed that revolutionary unrest could be countered by completing unattended work from the Vormärz era pertaining to criminal justice. But realizing a reform agenda was no easy task. On the political extremes it elicited opposition, especially in the symbolically charged terrain of substantive criminal law. To avoid such complications, both ministers worked hard to shift debate to the realm of procedural reform in the 1850s, creating a surprising and largely integrating space for state-building. In doing so, the post-revolutionary ministries pursued reform without slipping into parochialism. That is, they did not permanently close avenues for the creation of a set of unified national codes to regulate criminal and penal affairs.

Towards an Integrated European Criminal Law

2005 ◽  
Vol 7 ◽  
pp. 17-31
Author(s):  
Mireille Delmas-Marty
Keyword(s):  
Criminal Justice ◽  
Internal Consistency ◽  
Criminal Law ◽  
Transnational Crime ◽  
Fundamental Rights ◽  
Criminal Justice Policy ◽  
Legal Systems ◽  
The Creation ◽  
European Criminal Law ◽  
Legal Integration

The creation of an economically integrated Europe, based on free circulation across open borders, has probably facilitated an increase in transnational crime. One response to this phenomenon has been to try to create an integrated European criminal law. But legal integration will not magically solve all the problems related to transnational crime. Indeed, it may create problems of its own. By favouring efficiency (that is, repression) over legitimacy (the protection of fundamental rights), it favours a criminal justice policy oriented towards ‘security’. By imposing the same rules throughout Europe, it disturbs the internal consistency of national legal systems. Nevertheless, the phenomenon of legal integration, facilitated by new legal instruments such as framework decisions, continues to develop. We might therefore ask ourselves, as an introduction, why this is so.

Criminal Justice under Shari'ah in the 21st Century—An Inter-Cultural View

2009 ◽  
Vol 23 (4) ◽  
pp. 417-436 ◽  
Author(s):  
Mohammad Hedayati-Kakhki ◽  
Michael Bohlander
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
21St Century ◽  
Criminal Law ◽  
Modern Society ◽  
Legal Issues ◽  
Decision Making Process ◽  
Legal Systems ◽  
The Creation ◽  
The Law

AbstractThis paper tries to analyse some of the basic issues arising in the conversation between legal systems based on Shari'ah and those based on secular traditions, as well as the efforts of the law-makers in the former to adapt to changed expectations in modern society. The argument focuses on the area of criminal law and highlights concepts such as hudud crimes, apostasy and al-diyah. The authors advocate an increased dialogue and ultimately the creation of a Centre of Global Ijmā' as a forum in which Islamic and other legal scholars could meet to discuss their respective approaches to legal issues of global interest in order to avoid unnecessary ideological clashes and to provide a base for global policymakers to draw upon in their decision-making process.

Towards an Integrated European Criminal Law

2005 ◽  
Vol 7 ◽  
pp. 17-31
Author(s):  
Mireille Delmas-Marty
Keyword(s):  
Criminal Justice ◽  
Internal Consistency ◽  
Criminal Law ◽  
Transnational Crime ◽  
Fundamental Rights ◽  
Criminal Justice Policy ◽  
Legal Systems ◽  
The Creation ◽  
European Criminal Law ◽  
Legal Integration

The creation of an economically integrated Europe, based on free circulation across open borders, has probably facilitated an increase in transnational crime. One response to this phenomenon has been to try to create an integrated European criminal law. But legal integration will not magically solve all the problems related to transnational crime. Indeed, it may create problems of its own. By favouring efficiency (that is, repression) over legitimacy (the protection of fundamental rights), it favours a criminal justice policy oriented towards ‘security’. By imposing the same rules throughout Europe, it disturbs the internal consistency of national legal systems. Nevertheless, the phenomenon of legal integration, facilitated by new legal instruments such as framework decisions, continues to develop. We might therefore ask ourselves, as an introduction, why this is so.

International and internationalized criminal tribunals: a synopsis

2006 ◽  
Vol 88 (861) ◽  
pp. 49-63 ◽  
Author(s):  
Robin Geiß ◽  
Noëmie Bulinckx
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
The Political ◽  
Amount Of Information ◽  
Criminal Justice Systems ◽  
The Creation

The proliferation of judicial bodies is of particular prevalence in the field of international criminal law, where, despite the creation of an operational International Criminal Court, the political or factual exigencies of different situations have led to the establishment of specific criminal justice systems. The object of this synopsis is to study their variety and to sketch out the differences and similarities between existing international and internationalized criminal tribunals. The complexity and the sheer illimitable amount of information necessitated a condensed and synthesized visualization.

The Agreement of Uncontroversial Evidence and the Presumption of Innocence: An Insoluble Dilemma?

2002 ◽  
Vol 6 (1) ◽  
pp. 25-45 ◽  
Author(s):  
Peter Duff
Keyword(s):  
Criminal Justice ◽  
Criminal Trial ◽  
Presumption Of Innocence ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Creation ◽  
The Relationship

On 1 April 1996, a rather odd provision was introduced into the Scottish criminal justice process, namely a duty on both prosecution and defence to try to agree uncontroversial evidence in advance of criminal trial.1 As far as the writer is aware, such a provision is unique, although the philosophy underlying its introduction is not totally alien to inquisitorial systems of criminal justice.2 What is particularly peculiar about this duty is that there is no sanction for a failure, however unreasonable, to agree uncontroversial evidence.3 The lack of a sanction resulted from a concern that the creation of any penalty would impinge unjustifiably upon the rights of the accused. The intention in this article is to explore in detail the relationship between the duty to agree uncontroversial evidence and the position of the accused, and to suggest that the imposition of a sanction for a breach of this duty is not as problematic as was thought by those responsible for the legislation.

scholarly journals Creating and Maintaining Structural Hindrances to Criminal Justice Control – A Policy Analysis on the Normalisation of Parental Violence as a Crime in Finland

2021 ◽  
pp. 096466392110208
Author(s):  
Riikka Kotanen
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Interpersonal Violence ◽  
Legal Regulation ◽  
Division Of Labour ◽  
Legal Form ◽  
Parental Violence ◽  
Control Policies ◽  
And Control

In the context of home, violence remains more accepted when committed against children than adults. Normalisation of parental violence has been documented in attitudinal surveys, professional practices, and legal regulation. For example, in many countries violent disciplining of children is the only legal form of interpersonal violence. This study explores the societal invisibility and normalisation of parental violence as a crime by analysing legislation and control policies regulating the division of labour and involvement between social welfare and criminal justice authorities. An empirical case study from Finland, where all forms of parental violence were legally prohibited in 1983, is used to elucidate the divergence between (criminal) law and control policies. The analysis demonstrates how normalisation operates at the policy-level where, within the same system of control that criminalised these acts, structural hindrances are built to prevent criminal justice interventions.

Sign in / Sign up

Export Citation Format

Share Document