Background: Judgment of a criminal policy Resolving criminal cases in various ways and manifestations, outside the scope of official repressive measures, is a strategy of contracting criminal law derived from civil law, and its main root is in ethics and morality. In society, and given that the prosecution of a criminal case is not the main purpose of criminal law; Rather, prosecution is seen a...

To grasp fully the significance of this principle (which is usually described by using the Latin maxim nullum crimen nulla poena sine lege) a few words of introduction are necessary. National legal systems tend to embrace, and ground their criminal law on either the doctrine of substantive justice or that of strict legality. Under the former doctrine the legal order must primarily aim at prohib...

On the heels of extensive public and political debate, controversy and criticism, Bill C-56, An Act respecting assisted human reproduction, was introduced in the House of Commons on May 9, 2002. Through this bill, Parliament has proposed to regulate practices associated with reproductive technologies by relying on its criminal law jurisdiction. Certain scientific activities are altogether prohi...

Australia has been a global leader in balancing public health law, human rights and HIV. The first National HIV/AIDS Strategy launched in 1989 set the agenda for law reform. The Intergovernmental Committee on AIDS subsequently established a legal working party with one of its key tasks to formulate public health legislation that would protect public health and human rights. The NSW Public Healt...

My aim in this brief introduction is to organize the Symposium articles around two questions, recognizing that doing so means ignoring other important questions to which the articles attend. I also aim to paint in broad strokes, thus also ignoring much of the argumentative subtlety and nuance contained in the articles. With those caveats on the table, the questions are these: First, does mercy ...

n their article “Collaboration between Public Health and Law Enforcement: New Paradigms and Partnerships for Bioterrorism Planning and Response,” Butler et al. present a valuable introduction to the practical problems of coordinating public health and criminal law investigations (1). While this problem is not new in public health, the events of September 11, 2001, have given it a special urgenc...

the principle of legality is a fundamental principle of criminal law within all statutory legal systems. the principle has been recognized in the iranian legal system which has been influenced by islamic law as well as french law especially since the beginning of the codification era. conversely, in english law which is mainly defined by common law, recently have been taken significant steps to...

Globalization, characterized by the inter-connectivity of persons, states, and non-state actors on a global plane, has led to the development of binding international law across several legal fields, namely, international human rights, international criminal law, and private international law. This Article explores the proliferation of actors, norms, and organizations, as well as the expansion ...

The strengthening of international criminal law through an increased focus on the right to reparation and rehabilitation for victims of crimes against humanity represents an important challenge to health professionals, particularly to those in the field of trauma research and treatment. A brief outline of some developments in the field of international law and justice for victims of gross human...

There is a general presumption that the law should be congruent with morality— that is, that the prohibitions and permissions in the law should correspond to the prohibitions and permissions of morality. And indeed in most areas of domestic law, and perhaps especially in the criminal law, the elements of the law do in general derive more or less directly from the requirements of morality. I wil...