Constitutional Law. Commutation of Sentence. Change from Death Sentence to Life Imprisonment Not Permissible as a Mitigation of Punishment

1926 ◽  
Vol 35 (8) ◽  
pp. 1010
Keyword(s):  
Constitutional Law ◽  
Death Sentence ◽  
Life Imprisonment

scholarly journals Life Imprisonment without Parole in China: Substituting Death for Economic Crimes

2021 ◽  
Vol VI (III) ◽  
pp. 13-26
Author(s):  
Hafiz Abdul Rehman Saleem ◽  
Imtiaz Ahmad Khan ◽  
Hamid Mukhtar
Keyword(s):  
Death Penalty ◽  
Justice System ◽  
European Convention ◽  
Death Sentence ◽  
Judicial Discretion ◽  
Life Imprisonment ◽  
Law Of Peoples ◽  
Republic Of China ◽  
Economic Crimes ◽  
Ninth Amendment

Life imprisonment without parole and commutation (LWOP) came under Ninth Amendment to the 1997 Criminal Law of Peoples Republic of China as a proviso to the suspended death penalty for corruption crimes. The legislative intent given for the arrival of new punishment depicts LWOP as a solution for the disparity in a suspended death sentence, controlling judicial discretion and proportional punishment for corruption which is debated as not an exhaustive and compelling justification. The manuscript addresses a substantive question; if LWOP is suitable for the criminal justice system in China? And is answered under three normative claims, namely necessity, effectiveness, and humanness.The examination of the topic contends LWOP is more of an effective tool in broader anti-corruption strategy than a need for domestic utilization.LWOP in China gives no hope of release and stands inconsistent with Article 3 of the European Convention on Human Rights

scholarly journals SANKSI PIDANA KEMATIAN BAGI ORANG KORUPSI DI INDONESIA (Death Criminal Sanctions For Personnel Of Corruption In Indonesia)

2021 ◽  
Vol 3 (2) ◽  
pp. 118-135
Author(s):  
Irvino Rangkuti, Alvi Syahrin, Suhaidi, Mahmud Mulyadi
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Shock Therapy ◽  
Death Sentence ◽  
Prison Sentence ◽  
Life Imprisonment ◽  
Republic Of China ◽  
Criminal Sanctions ◽  
Running Away ◽  
Economic Standpoint

The application of capital punishment itself has been regulated in Indonesia as contained in the law. Article 2 paragraph (2) of Corruption Act concerning Eradication of Corruption Crimes. According to Romli Atmasasmita, it was argued that the death penalty for corruptors was effectively implemented in the People's Republic of China (PRC), and it was quite successful to reduce corruption. This certainly can be used as an example in Indonesia in imposing capital punishment for corruptors. The imposition of capital punishment for perpetrators of corruption is urgently needed as "shock therapy" because psychologically the death penalty aims for the benefit of general prevention so that others do not participate in committing crimes. Also, the application of capital punishment is based on the reason that capital punishment is more certain than the prison sentence because the prison sentence is often followed by running away, forgiveness, or because of the release. When compared from an economic standpoint, basically the death sentence is more efficient when compared to life imprisonment. As for the problems that can be formulated, namely: legal arrangements regarding corruption in the Corruption Act; the application of capital punishment sanctions against perpetrators of corruption in Indonesia. The results of the study show that: Corruption is a type of extraordinary crime ("extra-ordinary crime") that must be handled extraordinarily, so that the act is contrary to the 1945 Constitution, therefore it does not need to be protected by the 1945 Constitution. accommodated in Article 2 paragraph (2) of the Corruption Act, must meet the requirements "in certain circumstances" by the Elucidation of Article 2 paragraph (2), but its application has never been implemented, so it is necessary to review the rules "in certain circumstances".

scholarly journals SENTENCE OF LIFE IMPRISONMENT IN THE LAW OF BOSNIA AND HERZEGOVINA AND CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

2021 ◽  
Vol 59 (1) ◽  
pp. 109-130
Author(s):  
Miodrag Simović ◽  
Marina Simović ◽  
Vladimir Simović
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Capital Punishment ◽  
Case Law ◽  
Organised Crime ◽  
Severe Form ◽  
Death Sentence ◽  
Life Imprisonment ◽  
European Court ◽  
Societal Reaction

In the system of measures of societal reaction towards the perpetrators of criminal offences, all the modern criminal laws, including the new legislation of Bosnia and Herzegovina, recognise sentences in the first place. They are the main types of criminal sanctions whose purpose can be achieved to the fullest, and that is the protection of society and social goods from all forms and types of injury and threat caused by the commission of criminal offences. Given that in the structure of criminal offences occur those with serious consequences, violating the highest social values, committed with a severe form of guilt by a repeat offender, in concurrence or by a group or organised crime group, it is logical that all penal systems recognise the harshest sentence - longterm or life imprisonment - especially after the abolition of the death sentence - capital punishment, for the severest forms of crimes. The paper analyses issues related to the harshest sentence, long-term, or life imprisonment in Bosnia and Herzegovina, with the special emphasis on the European Court of Human Rights case law.

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