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Statutory Rape Law in Chile: For or Against Adolescents?  [cached]
Claudia Ahumada, LLM
Journal of Politics and Law , 2009, DOI: 10.5539/jpl.v2n2p94
Abstract: This article sets forth the interests and conflicts involved in the current Chilean law on statutory rape. Through a thorough investigation of the conceptualization, implementation, and current life of this legislation, the possible effects of the Chilean case on adolescents’ rights is investigated and evaluated. Examining the development of this law and its related policy, and if their consequences conflict with the Chilean Constitution or international and regional human rights conventions allows us to evaluate the merits, utility, and potential problems of such legislation. A detailed investigation of the social and legal data available, as well as the concrete liability implications reveals that the policy which implements the Chilean statutory rape provision is in violation with domestic and international human rights law.
On Applying the Provisions of Relative Criminal Liability Age in the New Criminal Code
论新刑法中相对负刑事责任年龄规定的适用

YUAN Fangmin,
阮方民

浙江大学学报(人文社会科学版) , 1999,
Abstract: The new criminal code, passed by the NPC in 14March 1997,changed the extents of offences for which minors between the age of 14-16(called the person of assuming relatively criminal liability age) are criminally responsible for from 5 offences stipulated in the old code 8 offences in the new code, that is, the offences of intentional killing. causign others' severe injury or deathe in the coures of intentional injury, rape, robbery, trafficking drugs, arson, explosion, putting in poison, After comparative studies on the clauses of the new code, it can be foudd that the persons of assuming relatively criminal liability age should be responsible for certain offences othe than other than there 8 specified ones. First , the offence of intentional killing should include:(a) the offences of converting other types of offences into intentional killing according to the specific provisions of the code;(b)the the offences in which intentionally causing someone's death leads to aggravation results in accordance with the specific provisions of the code.Secondly, the offence of having sexual intercourse with a young girl under the age of 14should be included in the offence of rape. Thirdly, the offence of robbery should cover the offecce of seizing guns, ammunition and explosives. The reason for the widening explanation is that those offences are commited with the same criminal methods.Lastly, the offence of trafficking drugs should, nevertheless, not involve the offence of smuggling, transporting and manufacturing drugs because the different criminal measures are used in commiting these offences.
Approaching Ethnic Cleansing within the Criminal Law of Ethiopia  [PDF]
Addisu Genet Ayalew
Beijing Law Review (BLR) , 2019, DOI: 10.4236/blr.2019.104047
Abstract: The status of ethnic cleansing as a punishable act in the international criminal law is being a subject of quarrel. Those who reject its criminal status argue based on the principle of legality while the other group contends, lacking the existence of explicit law, still there is a room to prosecute ethnic cleansing through major international crimes like crime of genocide or crime against humanity. Although, ethnic cleansing is a crucial political and legal discourse in the current Ethiopia, it is not mentioned as a punishable act in its laws. Discovering the criminal status of ethnic cleansing under the criminal law of Ethiopia is the purpose of this paper. Basing on the accompanying crimes particularly the gravity of the offense producing ethnic cleansing and the contextual element required, this paper concludes categorizing ethnic cleansing in the crime of genocide and crime against humanity.
Implementation of Respecting and Safeguarding Human Rights Provisions at the Criminal Justice  [cached]
Jing WANG,Weiliang YAO
Cross-Cultural Communication , 2012, DOI: 10.3968/j.ccc.1923670020120806.2353
Abstract: The amended “Code of Criminal Procedure” in 2012 has written “respecting and safeguarding human rights” into the Article 2 of this provision. This is a tremendous progress in our criminal justice. Essentially, the fundamental purpose of criminal justice system is to safeguard citizens, especially the human rights of criminal suspects and criminal defendants. Currently, although the criminal justice system in China has made significantly progress in the protection of human rights in recent years, there are still many problems. By the occasion of the amendment to the “Code of Criminal Procedure”, it should further improve human rights protection mechanisms of criminal justice in China and raise the legalization level of criminal justice in China. Key words: Human rights protection; Criminal justice; Code of criminal procedure
A Comparison of the Statutory Provisions of the United Kingdom (UK) Companies Act 2006 and Ghana’s Companies Act 1963 (Act 179), to the Rule in Foss v Harbottle  [PDF]
Alhassan Salifu Bawah
Beijing Law Review (BLR) , 2019, DOI: 10.4236/blr.2019.101009
Abstract: This paper adopts the comparative approach in its bid to compare the exceptions to the rule in Foss v Harbottle1 under the statutory provisions of the UK Companies Act 2006 (CA 2006), and Ghana’s Companies Act 1963 (Act 179). The rationale is to critically examine the differences and commonalities of the Companies Acts of both the UK and Ghana. The article argues that minority shareholders in Ghana are given more protection in terms of the avenues opened to them to bring actions against the company or the controlling majority shareholders as compared to what pertains in the United Kingdom.
Research on the Role of Lawyers in Criminal Proceeding under the Provisions of the Vietnamese Criminal Procedure Code 2015  [PDF]
Cao Thi Tu Anh, Yingxin Chen
Open Journal of Social Sciences (JSS) , 2016, DOI: 10.4236/jss.2016.410006
Abstract: In Vietnam, the role of lawyers in criminal proceeding in general and adversarial in particular, plays an important role in contributes justice, legal rights/benefits protection for the accused or defendants, and assists to solve subjective cases lawfully. Vietnamese Criminal Procedure Code (VCPC) 2015 is established with numerous update regulations, in which they clearly stated and confirmed the upgrade of lawyers’ role in criminal proceeding, especially for adversarial one. This article is launched for discussion on lawyers’ role, especially in adversarial proceeding as per regulations of VCPC 2015, such as Right to enter Criminal proceeding, Equality with Other parties at court, Function of Plea submission for the accused or defendants. Moreover, the author also stated in this article some requirements for ensuring the upgrade of lawyer’s role in criminal proceeding at court.
THE REFLECTION OF PROCEDURAL GUILT IN THE CRIMINAL PROCEDURE PROVISIONS. LIABILITY FOR UNJUST CONDEMNATION OR FOR TAKING PREVENTIVE MEASURES UNLAWFULLY
ELIZA EMANUELA OPREA
Challenges of the Knowledge Society , 2013,
Abstract: In the criminal proceedings of some law states the wrongful sentencing of individuals is very rare, having a comprehensive system of procedural safeguards which prevent such a situation. The purpose of the criminal proceedings is to punish only the culprits, the Criminal Procedure code frontispiece being stated the idea that no innocent person should be held criminally liable. By achieving this aspect of purpose is ensured observance of legality and the rule of law. All the basic rules and the whole organization of the criminal trial are polarized around this major goal of justice. Also the professional qualification level of those summoned to administer criminal justice in the modern state to minimizes the risk of judiciar miscarriages. The deep humanism of our law requires though the regulation of those procedural arrangements, through which in the event of an act of injustice, the wrongly convicted is able to obtain prompt repairs that society owes them. A very important aspect related to the evolution over time of the regulation of this institution, is that in its doctrine of integration in the European Union, Romania has adopted a series of laws and regulations designed to ensure our legislation’s alignment with the relevant legislation of the countries from the European community and to ensure the compliance with the European Convention on Human Rights. This process is still ongoing, therefore the establishment and the subsequent modification of the special procedure concerning the remedies for the material or moral damage in the event of unjust sentence or unlawful deprivation of liberty was based on the desire to avoid the conviction situation of the Romanian state by the international courts for failure to comply with the Art. 5 paragraph 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms that 'any individual who is the victim of arrest or detention in conditions contrary to the provisions of this article shall have the right for remedy".
The ordinary means of appeal in criminal law, from the perspective of the provisions of Law no. 202/2010 (“the small reform”) and of the new Code of Criminal Procedure  [PDF]
Anca-Lelia LORINCZ
Juridical Tribune , 2012,
Abstract: Aiming to ensure the celerity of the Romanian criminal trial, the legislative changes of the present Code of Criminal Procedure through Law no. 202/2010 have impacted also the matter of appeals, leading to fewer degrees of jurisdiction in most criminal cases.The actual Romanian Code of Criminal Procedure governs, as a general rule, the triple level of jurisdiction in criminal matters, dedicating two ordinary means of attack: the appeal and the recourse; consequently to the legislative changes of the present Code of Criminal Procedure (through Law no.202/2010), only the cases that are first trialed in a court can still undergo both ordinary means of attack. Also, Law no.135/2010 regarding the new Code of Criminal Procedure brings changes with regard to ordinary means of attack, and, implicitly, with regard to the levels of jurisdiction. Thus, with the purpose of ensuring the celerity of the criminal trial and the acceleration of the settlement of the criminal cases, under the circumstances in which there will be an increase of guarantees in the criminal prosecution phase and in the first instance trial, in the matter of means of attack the new code stipulates the ordinary means of attack of appeal, fully devolutive. Regarding the recourse, this will become an extraordinary means of attack (under the name of recourse in cassation), exercised only in exceptional cases and only for reasons of illegality.
Identification of a criminal by DNA typing in a rape case in Rio de Janeiro, Brazil
Góes, Andréa Carla de Souza;Silva, Dayse Aparecida da;Domingues, Cristiane Santana;Marreiro Sobrinho, Jo?o;Carvalho, Elizeu Fagundes de;
Sao Paulo Medical Journal , 2002, DOI: 10.1590/S1516-31802002000300004
Abstract: context: human dna identification is a powerful tool for paternity cases as well as for criminal investigation, in which biological evidence is typed after collection from crime scenes and for the identification of human remains. objective: identification of a criminal in a rape case with 4 suspects using str and vntr dna analysis. type of study: forensic dna analysis. setting: dna diagnostic laboratory, universidade estadual do rio de janeiro, brazil. participants: blood from 4 suspects and the victim, and skin from the fetus. procedures: polymerase chain reaction (pcr) and restriction fragment length polymorphism (rflp). results: three of the suspects were excluded and one of them was identified as the biological father of the fetus after typing with ctt and ffv multiplexes. complementary dna typing at 3 vntr loci was also carried out. conclusions: after typing four suspects using 6 str loci, one of them was identified as the biological father of the fetus. in order to significantly enhance the combined paternity index (pi), complementary dna typing in 3 vntr loci was carried out. the included suspect was found to be the biological father with a pi of 412,860 (probability of paternity: 99.9997%).
The Crime of Rape under the Rome Statute of the ICC (with a special emphasis on the jurisprudence of the Ad Hoc Criminal Tribunals)  [cached]
Nicole Brigitte Maier
Amsterdam Law Forum , 2011,
Abstract: This article delivers insight into the purposes and intentions of committing rape within wartimes, its victims, its perpetrators, and, finally, under which circumstances the crime of rape is punishable as a crime against humanity. In the first part a definition on crime of rape is given, in this regard relevant literature and case law of both the Yugoslavia Tribunal and the Tribunal of Rwanda will be referred to. On the topics of victims, perpetrators and purposes related literature in the field of psychology, criminology and medical science will be taken into consideration. The discussion on the link between rape and the crime against humanity will focus on relevant cases, judgments and reports, largely of the ICC, the ICTY and the ICTR.
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