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Murder In French Law
In the French penal code, murder is defined by the intentional killing of another person. Murder is punishable by a maximum of 30 years of criminal imprisonment (no more than 20 years if the defendant is not sentenced to 30 years). Assassination (murder with Malice aforethought, premeditation or after lying in wait for the victim) and murder in some special cases in accordance with Article 221-4 (including if the victim is a child under 15, against vulnerable people due to age, health etc, in the context of domestic violence, against some professionals in connection with their duty, in a gang etc) ) are punished by a Prison, jail term up to life imprisonment (no more than 30 years if the defendant is not sentenced to life). The same punishment is given to murder committed in connection to other criminal offenses according to Article 221-2. Except for recidivists, the minimum sentence (law), sentence in Prosecutor, criminal prosecutions is one or two years' imprisonment, which ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
French Penal Code
The French criminal code () is the Codification (law), codification of French criminal law (). It took effect March 1, 1994 and replaced the French Penal Code of 1810, which had until then been in effect. This in turn has become known as the "old penal code" in the rare decisions that still need to apply it. The new code was created by several laws promulgated on July 22, 1992. It introduced the judicial notion of fundamental national interests () (Book IV, Title I). History The Penal Code project began with the work of a commission created by President Valéry Giscard d'Estaing in a decree issued on November 8, 1974. The membership of the commission was set by a February 25, 1975 decree. The president of the commission was , later replaced by Guy Chavanon, the procureur général of the Court of Cassation (France), Court of Cassation. The definitive draft of ''Book I (General Provisions)'', heavily criticised by the criminal justice community, was rejected by the Élysée Pala ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisdiction (area), jurisdiction. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). such as in the case of voluntary manslaughter brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Invol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Imprisonment
Imprisonment or incarceration is the restraint of a person's liberty for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is considered " false imprisonment". Imprisonment does not necessarily imply a place of confinement with bolts and bars, but may be exercised by any use or display of force (such as placing one in handcuffs), lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply actual confinement against one's will in a prison employed for the purpose according to the provisions of the law. Generally gender imbalances occur in imprisonment rates, with incarceration of males proportionately more likely than incarceration of females. History Africa Before colonisation, imprisonment was used in sub-Saharan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Assassination
Assassination is the willful killing, by a sudden, secret, or planned attack, of a personespecially if prominent or important. It may be prompted by political, ideological, religious, financial, or military motives. Assassinations are ordered by both individuals and organizations, and are carried out by their accomplices. Acts of assassination have been performed since ancient times. A person who carries out an assassination is called an assassin. Etymology ''Assassin'' comes from the Italian and French Assissini, believed to derive from the word '' hashshashin'' (), and shares its etymological roots with '' hashish'' ( or ; from ').''The Assassins: a radical sect in Islam'' – Bernard Lewis, pp. 11–12 It referred to a group of Nizari Ismailis known as the Order of Assassins who worked against various political targets. Founded by Hassan-i Sabbah, the Assassins were active in the Near East from the 11th to the 13th centuries. The group killed members of the Ab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Malice Aforethought
Malice aforethought is the "premeditation" or "predetermination" (with malice (law), malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravation (law), aggravated murder in a few. Insofar as the term is still in use, it has a technical meaning that has changed substantially over time. Etymology Malice aforethought is a direct translation of the Law French term ''malice prépensée'', so the adjective follows the noun as in French. Legal history Malice aforethought was not an element of murder in early medieval English law cases. Both self-defence killings and death by misadventure were treated as murder by juries. Although pardons for self-defence became common after the Statute of Gloucester was passed in 1278, the jury in a 14th-century case still found that a self-defence killing was felonious. In the 12th century, any death by misadventure without a "presentment of Englishry" was sufficient for a jury finding of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Prison
A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where Prisoner, people are Imprisonment, imprisoned under the authority of the State (polity), state, usually as punishment for various crimes. They may also be used to house those awaiting trial (pre-trial detention). Prisons are most commonly used within a criminal justice, criminal-justice system by authorities: people charged with crimes may be Remand (detention), imprisoned until their trial; and those who have pleaded or been found Guilt (law), guilty of crimes at trial may be Sentence (law), sentenced to a specified period of imprisonment. Prisons can also be used as a tool for political repression by authoritarianism, authoritarian regimes who Political prisoner, detain perceived opponents for political crimes, often without a fair trial or due process; this use is illegal under most forms of international law governing fair admi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Life Imprisonment
Life imprisonment is any sentence (law), sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life imprisonment are considered extremely serious and usually violent. Examples of these crimes are murder, torture, terrorism, child abuse Child manslaughter, resulting in death, rape, espionage, treason, illegal drug trade, human trafficking, severe fraud and financial crimes, Aggravation (law), aggravated property damage, arson, hate crime, kidnapping, burglary, robbery, theft, piracy, aircraft hijacking, and genocide. Common law murder is a crime for which life imprisonment is mandatory in several countries, including some states of the United States and Canada. Life imprisonment (as a maximum term) can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the fi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Recidivist
Recidivism (; from 'recurring', derived from 'again' and 'to fall') is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior, or have been trained to extinguish it. Recidivism is also used to refer to the percentage of former prisoners who are rearrested for a similar offense. The term is frequently used in conjunction with criminal behavior and substance abuse. ''Recidivism'' is a synonym of ''relapse'', which is more commonly used in medicine and in the disease model of addiction. Causes A 2011 study found that harsh prison conditions, including isolation, tended to increase recidivism, though none of these effects were statistically significant. Various researchers have noted that prisoners are stripped of civil rights and are reluctantly absorbed into communities – which further increases their alienation and isolation. Other contributors to recidivism include the difficulties released offe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Sentence (law)
In criminal law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then the sentence is sai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar or obtained a comparable qualification where available, such as solicitor advocates in English law, England law. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employed by an office of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Aggravation (law)
Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself". Aggravated assault, for example, is usually differentiated from simple assault by the offender's intent (e.g., to murder or to rape), the extent of injury to the victim, or the use of a deadly weapon. An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, which decreases guilt. In the UK, the Criminal Justice Act 2003 requires a court to consider (a) relevant previous convictions, (b) racial or religious aggravation, and (c) hostility towards the victim or to persons generally based on sexual orientation (or presumed sexual orientation) or disability (or presumed disability) when determining sentence for a conviction. The antonym of aggravation is mitigati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
