In 1935, the Nazi government introduced what came to be known as the abrogation of the prohibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of punishment according to the ‘sound perception of the people’ and an ‘underlying principle’ of an existing criminal statute. ...

dara' rule changes in islamic penal code with the modern penology teachings approach keyvan heidar nejad [1] fatemeh ahadi [2] seyyed abulfazl mirjafar pour [3]   abstract:                        dara' is one of the rules that is derived from figh. the rule indicates that by proving doubt or hesitancy at the time of committing crime, the offence cannot be proved. in the former penal c...

Methods Law regulations defining organizational structure of the system originate from Polish Penal Code, Penal Executive Code, Prison Services Act, Mental Healthcare Act (MHA) and relevant Ordinances. Epidemiological data have been extracted from statistical records of the Healthcare Bureau of the Central Executive of the Prison Services and sparse epidemiologic studies conducted recently in s...

The expansion of the US carceral state has been accompanied by the emergence of what we call the ‘shadow carceral state’. Operating beyond the confines of criminal law and justice institutions, the shadow carceral state expands penal power through institutional annexation and legal hybridity, including: (1) increased civil and administrative pathways to incarceration; (2) the creation of civil ...

a jurisprudential and legal survey on reflection of fairness in the special legal acts siroos shahriyari [1] hamid miri (ph.d.) [2]     abstract with a view to foreign and domestic law and jurisprudence, it is appeared that there are streaks of making attention to the fairness factor behind of confronting some special legal acts such as usury and mortgage contracts, penal and non-liability clau...

defining the scope of criminal law and legitimated level ofintervention through criminal law over the rights and freedom ofcitizens as the most serious kind of such intervention, is a complicatedand difficult matter. the principle of criminal law as the last and theleast resort as a basic principle of this knowledge, technique andinstrument of social control, as emphasizes upon the destructiver...

This paper dispels the myth of liberal enlightenment in relation to penal law reforms in colonial India by advancing two sets of argument. First, the liberal project of codification on the basis of universalist notion of utilitarianism never broke with cultural hierarchy inbuilt in the very act of colonisation. In this paper, I specifically look into the emerging phenomenon of evolutionary scie...

omission that leads to death of another is crime in criminal law of iran, whether doing it being duty of forsaker or not. in the first case, that person has not obligation or duty toward another, not for killing of victim but by virtue of first part of single-article of bill of the penal code of 1354, forsaker becomes convicted due to refrain from help to injuries and body hazards removal. in s...