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The Declaration of the Rights of Man and of the Citizen, set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolution. Inspired by Enlightenment philosophers, the Declaration was a core statement of the values of the French Revolution and had a major impact on the development of popular conceptions of individual liberty and democracy in Europe and worldwide.
The Napoleonic Code, officially the Civil Code of the French is the French civil code established during the French Consulate in 1804 and still in force, although frequently amended.
Nulla poena sine lege is a legal principle which states that one cannot be punished for doing something that is not prohibited by law. This principle is accepted and codified in modern democratic states as a basic requirement of the rule of law. It has been described as "one of the most 'widely held value-judgement[s] in the entire history of human thought'".
Cesare Bonesana di Beccaria, Marquis of Gualdrasco and Villareggio was an Italian criminologist, jurist, philosopher, economist and politician, who is widely considered one of the greatest thinkers of the Age of Enlightenment. He is well remembered for his treatise On Crimes and Punishments (1764), which condemned torture and the death penalty, and was a founding work in the field of penology and the Classical School of criminology. Beccaria is considered the father of modern criminal law and the father of criminal justice.
An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is "attempt". "Inchoate offense" has been defined as the following: "Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent."
Penology is a sub-component of criminology that deals with the philosophy and practice of various societies in their attempts to repress criminal activities, and satisfy public opinion via an appropriate treatment regime for persons convicted of criminal offences.
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact. If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt.
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Qisas or Qiṣāṣ is an Islamic term interpreted to mean "retaliation in kind", "eye for an eye", or retributive justice. In classical/traditional Islamic law (sharia), the doctrine of qisas provides for a punishment analogous to the crime.
On Crimes and Punishments is a treatise written by Cesare Beccaria in 1764.
Islamic criminal law is criminal law in accordance with Sharia. Strictly speaking, Islamic law does not have a distinct corpus of "criminal law". It divides crimes into three different categories depending on the offense – Hudud, Qisas, and Tazir. Some add the fourth category of Siyasah, while others consider it as part of either Hadd or Tazir crimes.
Criminology (from Latin crimen, "accusation", and is the study of crime and deviant behaviour. Criminology is an interdisciplinary field in both the behavioural and social sciences, which draws primarily upon the research of sociologists, political scientists, economists, psychologists, philosophers, psychiatrists, social workers, biologists, social anthropologists, as well as scholars of law.
The Penal Code of 1810 was a code of criminal laws created under Napoleon, replacing the French Penal Code of 1791. Among other things, this code reinstated a life imprisonment punishment, as well as branding. These had been abolished in the French Penal Code of 1791. Issued on June 3, 1810, it stayed in use until March 1, 1994 when it was replaced by the Code pénal.
Events from the year 1791 in France.
The criminal justice system of France, or the French legal system, is derived from Roman law. It is not only a feudal system in the Middle Age, but also a representative of the civil law system. France is committed to the judicial system which was gradually established after the French Revolution in the late 18th century. From beginning of the 19th century to nowadays, Napoleon codified a series of significant rules and established the common court system, administrative court system as well as independent judicial system which formed a unified modern judicial system.
Criminal law in France is one of the branches of the juridical system of the French Republic. The field of criminal law is defined as a sector of French law, and is a combination of public and private law, insofar as it punishes private behavior on behalf of society as a whole. Its function is to define, categorize, prevent, and punish criminal offenses committed by a person, whether a natural person or a juridical person. In this sense it is of a punitive nature, as opposed to civil law in France, which settles disputes between individuals.
Criminalization of homosexuality is the classification of some or all sexual acts between men, and less frequently between women, as a criminal offense. Most of the time, such laws are unenforced with regard to consensual same-sex conduct, but they nevertheless contribute to police harassment, stigmatization, and violence against homosexual and bisexual people. Other effects include exacerbation of the HIV epidemic due to the criminalization of men who have sex with men discouraging them from seeking preventative care or treatment for HIV infection.
The principle of legality in French criminal law holds that no one may be convicted of a criminal offense unless a previously published legal text sets out in clear and precise wording out the constituent elements of the offense and the penalty which applies to it. (Latin:Nullum crimen, nulla pœna sine lege, in other words, "no crime, no penalty, without a law").
References
- ↑ Elliot, Katherine (1 December 2010). Heller, Kevin Jon; Dubber, Markus (eds.). The Handbook of Comparative Criminal Law. Stanford University Press. p. 210. ISBN 978-0-8047-7729-2. OCLC 1162537706.
- ↑ Frank Schmalleger and Gordon M. Armstrong (1997). Crime and the justice system in America: an encyclopedia . Greenwood Publishing Group. pp. 23–24. ISBN 978-0-313-29409-9.
French penal code 1791.
- ↑ James Treadwell (2006). Criminology. SAGE. pp. 20–21. ISBN 978-1-4129-1133-7.
- ↑ Clavier, Sophie M. (July 1997). Perspectives on French Criminal Law (Thesis). San Francisco State University. Archived from the original (DOC) on 31 October 2005. Retrieved 7 May 2008.
- ↑ Jeffrey Merrick, Bryant T. Ragan, Homosexuality in Modern France, p. 82
- ↑ Jane Garrity (2006). "Mary Butts's 'Fanatical Pédérastie': Queer Urban Life in 1920s London and Paris". In Laura L. Doan and Jane Garrity (ed.). Sapphic modernities: sexuality, women, and national culture. Macmillan. p. 242. ISBN 978-1-4039-6498-4.
