Digital Commons Network^™

The Security Period Disrupting The Punishment Conditioning Systems In Algerian And French Laws, Bassim Chihab Prof.

UAEU Law Journal

The security period is one of the topics of criminal law, it was adopted by French law in 1978 It was included in the penal code which entered into force on 1/3/1994. Then other legislation followed and it was adopted in the Algerian penal code by law 06- 23, it was considered by the Gabonese penal code issued on 5/7/2019.

The security period is not a criminal penalty or an aggravating circumstance, it is based on the terms of sentence and imprisonment and targets the systems of execution of the penalty, and it is mandatory by the force of law …

The Doctrinal Punishment Of Lapidation : Suspicions And Rebuttals-Dr. Mahmoud Abu Lail, Professor Mahmoud Ahmed Abu Leil

UAEU Law Journal

This paper deals with the proof of legitimacy of stonning as a punishment for adultery. (The paper describes the different punishments for adultery in Islam) ranging from imprisonment and harm to lashing and alienation of the non-married, and stonning of the married. The Paper traces proofs of the legitimacy of stonning in the sayings and actions of Prophet Mohammad (Peace be upon Him). This kind of punishment has been convayed by more than thirty of the Prophet’s companions. So it is considered to be an abstract sequence, and thus a conclusive eviden. Moreover, unanimous acceptance of _ the legitimacy of …

The European Convention For The Prevention Of Torture And Inhuman Or Degrading Treatment Or Punishment: Genesis Of An Exemplary Model Of International Control On Human Rights, Giovanni Distefano

UAEU Law Journal

The 26 June 1987, the Committee of Ministers of the Council of Europe adopted the “European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment”, which entered eventually into force two years later. Being closely intertwined with the European Convention of Human Rights (1950), the Torture Convention establishes a parallel monitoring system ensuring the respect of the subjective rights contained therein. In addition to the 1950 Convention, it introduces an absolutely novel mechanism aimed to address in a preventive and effective way the needs related to the protection of human dignity and other core human rights …

The Criminal Complicity An Analytical Study According To The Roman Law, Elsayed Ahmed Badawy

UAEU Law Journal

The focus of this study is on the criminal complicity in the Roman law. The study is divided into three chapters. In Chapter One, we discuss the moral criminal complicity, while Chapter Two covers the material criminal complicity. Chapter Three explains the provisions provided in this law, concerning the accomplice liability and the punishment consequences that the accessory accomplice is subject to because of his association with the principal accomplice in committing the crime. The main conclusion of this paper is as follows:

1. The Roman penal legislations had confronted the criminal complicity because of its criminal seriousness, although this was …

Rationalization Of Punishment In Contemporary Criminal Policy, ٍSafaa Otani

UAEU Law Journal

The aim of this study is to highlight the problem of divergence between the principles established in the legal conscience related to minimizing state intervention in enforcing punishment, and the current expansion of the Criminal Law. This problem caused contemporary jurisprudence to sound the alarm that the consequences will be serious, and there is an urgent need to draw new boundaries for the criminal policy under which the Criminal Law operates. Rationalization of punishment is one of the guiding principles which advocate non-excessive use of punitive means to achieve social control, and the pursuit of alternative ways of fighting crimes …

The Legal System Addressing Public Administrative Infringements Under The Yemeni Law, Mohamed Ahmed Ghober

UAEU Law Journal

The research aims to clarify the concept of public administrative sanctions through a study of its scope which consists of the public administrative infringements in the Yemeni legislation. The research concludes to express an inherent jurisdiction of the legislative authority in general, and its competence in the criminalization and punishment, in particular, as well as the role played by the executive authority in the legislation and punishment and the extent of its authority to do so. Moreover, the study explained the legal nature of the public administrative infringements which is reflected in the nature of criminal offenses, both in terms …

Procedural Legitimacy Between The Rights Of The Victim And The Accused, Khalid Mustafa Hamid

UAEU Law Journal

This research deals with the subject of procedural legitimacy between the rights of the victim and the accused.

» The convergence of criminal procedures with the concept of rights of the victim is not that surprising, since the ultimate goal of criminal proceedings is to protect the rights recognized by international conventions and national laws to the victim as a human being. Since individuals are not allowed to resort to a private judiciary and the victims are denied the right to retaliation, the State undertook the commitment to enforce justice in society and to ensure its fair distribution to citizens. …