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Principle Of Legality
The principle of legality in criminal law was developed in the eighteenth century by the Italian criminal lawyer Cesare Beccaria and holds that no one can only be convicted of a crime without a previously published legal text which clearly describes the crime. In Latin: , this principle is accepted and codified in modern democratic states as a basic requirement of the rule of law. It has been described as "one of the most 'widely held value-judgement in the entire history of human thought'" By country Canada In Canada, the principle of legality in penal law is found in Article 9 of the Canadian Criminal Code which declares that criminal infractions must fall under Canadian law, and that no one may be found guilty of a criminal infraction under common law. The principle of legality is also mentioned in Article 11g: Every defendant has a right to not be found guilty of an action or omission which, at the moment it took place, did not constitute an infraction under the inter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cesare Beccaria
Cesare Bonesana di Beccaria, Marquis of Gualdrasco and Villareggio (; 15 March 173828 November 1794) was an Italian criminologist, jurist, philosopher, economist and politician, who is widely considered one of the greatest thinkers of the Age of Enlightenment. He is well remembered for his treatise '' On Crimes and Punishments'' (1764), which condemned torture and the death penalty, and was a founding work in the field of penology and the Classical School of criminology. Beccaria is considered the father of modern criminal law and the father of criminal justice. According to John Bessler, Beccaria's works had a profound influence on the Founding Fathers of the United States. Birth and education Beccaria was born in Milan on 15 March 1738 to the Marchese Gian Beccaria Bonesana, an aristocrat of moderate standing from the Austrian Habsburg Empire. Beccaria received his early education in the Jesuit college at Parma. Subsequently, he graduated in law from the University of Pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Declaration Of The Rights Of Man And Of The Citizen
The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolution. Inspired by Enlightenment philosophers, the Declaration was a core statement of the values of the French Revolution and had a major impact on the development of popular conceptions of individual liberty and democracy in Europe and worldwide. The Declaration was originally drafted by the Marquis de Lafayette, but the majority of the final draft came from the Abbé Sieyès. Influenced by the doctrine of natural right, the rights of man are held to be universal: valid at all times and in every place. It became the basis for a nation of free individuals protected equally by the law. It is included in the beginning of the constitutions of both the Fourth French Republic (1946) and Fifth Republic (1958), and is considered valid as const ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nulla Poena Sine Lege
''Nulla poena sine lege'' (Latin for "no penalty without law", Anglicized pronunciation: ) is a legal principle which states that one cannot be punished for doing something that is not prohibited by law. This principle is accepted and codified in modern democratic states as a basic requirement of the rule of law. It has been described as "one of the most 'widely held value-judgement in the entire history of human thought. Requirements In modern European criminal law, e.g. of the Constitutional Court of Germany, the principle of ''nulla poena sine lege'' has been found to consist of four separate requirements: ;''Nulla poena sine lege praevia'': There is to be no penalty without ''previous'' law. This prohibits ex post facto laws, and the retroactive application of criminal law. It is a basic maxim in mainland European legal thinking. It was written by Paul Johann Anselm Ritter von Feuerbach as part of the Bavarian Criminal Code in 1813. ;''Nulla poena sine lege scripta'': There ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, but t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of The United States
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ( Article I); the executive, consisting of the president and subordinate officers ( Article II); and the judicial, consisting of the Supreme Court and other federal courts ( Article III). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. It is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Swiss Criminal Code
, french: Code pénal suisse (CP), it, Codice penale svizzero (CP), rm, Cudesch penal svizzer , citation = , territorial_extent = Switzerland , enacted_by = Federal Assembly of Switzerland , date_enacted = 20 December 1937 , date_passed = , enacted_by2 = , date_enacted2 = , date_passed2 = , date_assented = , royal_assent = , date_signed = , signed_by = , date_commenced = 01 January 1942 , date_of_expiry = , date_repealed = , administered_by = , bill = , bill_citation = , bill_date = , introduced_by = , 1st_reading = , 2nd_reading = , 3rd_reading = , conf_committee_passed = , committee_report = , bill2 = , bill_citation2 = , bill_date2 = , introduced_by2 = , 1st_reading2 = , 2nd_reading2 = , 3rd_reading2 = , conf_committee_passed2 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Basic Law For The Federal Republic Of Germany
The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came into effect on 23 May after having been approved by the occupying western Allies of World War II on 12 May. It was termed "Basic Law" (german: Grundgesetz) to indicate that it was a provisional piece of legislation pending the reunification of Germany. However, when reunification took place in 1990, the Basic Law was retained as the definitive constitution of reunified Germany. Its original field of application (german: Geltungsbereich)—that is, the states that were initially included in the Federal Republic of Germany—consisted of the three Western Allies' zones of occupation, but at the insistence of the Western Allies, formally excluded West Berlin. In 1990, the Two Plus Four Agreement between the two parts of Germany and all four All ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Basic Law For The Federal Republic Of Germany (2010)
The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came into effect on 23 May after having been approved by the occupying western Allies of World War II on 12 May. It was termed "Basic Law" (german: Grundgesetz) to indicate that it was a provisional piece of legislation pending the reunification of Germany. However, when reunification took place in 1990, the Basic Law was retained as the definitive constitution of reunified Germany. Its original field of application (german: Geltungsbereich)—that is, the states that were initially included in the Federal Republic of Germany—consisted of the three Western Allies' zones of occupation, but at the insistence of the Western Allies, formally excluded West Berlin. In 1990, the Two Plus Four Agreement between the two parts of Germany and all four Al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Revolution
The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in November 1799. Many of its ideas are considered fundamental principles of liberal democracy, while phrases like ''liberté, égalité, fraternité'' reappeared in other revolts, such as the 1917 Russian Revolution, and inspired campaigns for the abolition of slavery and universal suffrage. The values and institutions it created dominate French politics to this day. Its causes are generally agreed to be a combination of social, political and economic factors, which the ''Ancien Régime'' proved unable to manage. In May 1789, widespread social distress led to the convocation of the Estates General, which was converted into a National Assembly in June. Continuing unrest culminated in the Storming of the Bastille on 14 July, which led to a series of radical measures by the Assembly, i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Penal Code Of 1791
The French Penal Code of 1791 was a penal code adopted during the French Revolution by the Constituent Assembly, between 25 September and 6 October 1791. It was France's first penal code, and was influenced by the Enlightenment thinking of Montesquieu and Cesare Beccaria. The principle of legality was foremost in the underlying philosophy of the 1791 Code. In the spirit of the 1789 Declaration of the Rights of Man and of the Citizen, Cesare, Marquis of Beccaria summarized the principles that were to be the foundation of the procedural system. In his words, "every citizen should know what punishment he should endure." As a consequence, the function of the judge was conceived as being strictly distributive: qualification of an act, infliction of the pre-set sanction. This concept was revolutionary in 1791 and clearly departed from the arbitrary trials of the ''ancien régime''. The Code of 1791 was straightforward in this respect; most definitions were clear, leaving little room ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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