although punishment of taking human life, but sometimes in rare despite the coroner confirmed the death of the offender by medical examiner the signs of life is appearance in loosing party. question that arises is that there is any possibility to implement this decree? and what about the harm that he suffered against the enforcement of the punishment is? by the following of article 438 of the p...

This paper proposes an identification framework of the possible criminal offences charges based on textual criminal cases of the Civil Law system. The framework is constructed as the model, devised as a multi-stage based on the defined charges structure in criminal law codes. The first stage is to modularly identify type of action which is designed based on the offences charges abstractly categ...

We articulate an interpretation of mens rea that is broader than the traditional special sense but narrower than the traditional general sense. Mens rea in this intermediate sense addresses the guilty mind required by the sentencing criteria for specific criminal sentences for particular offenses. We advance an analytic structure for the integration of legal and empirical inquiry regarding stan...

Within contemporary penal philosophy, the view that punishment can only be justified if the offender is a moral agent who is responsible and hence blameworthy for their offence is one of the few areas on which a consensus prevails. In recent literature, this precept is associated with the retributive tradition, in the modern form of 'just deserts'. Turning its back on the rehabilitative ideal, ...

In spite of its centrality in the criminal justice system, the principle of proportionality is poorly defined, and its role in judicial sentencing rests on shaky ground. The idea that criminal sanctions should be imposed only in proportion to those crimes to which they seek to respond is well recognised and ostensibly applied in most modern legal systems. However, by examining the role of propo...

Lex Salica was made at the end of the 5th century and it governed the Salian Franks. In those times, there were other so-called leges barbarorum, which together formed (as well as Lex Salica) important source of early feudal law in Western Europe. Lex Salica included common law of the Salian Franks which was adopted by the government and therefore had the effect of the law. Most provisions incl...