Criminal Law Forum最新文献_第7页

Authors Index Volume 10 作者索引第10卷

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Criminal Law Forum Pub Date : 2020-12-01 DOI: 10.1023/A:1017266129906

引用次数: 0

TWO KINDS OF ACQUITTALS – DIFFERENT KINDS OF DOUBTS 两种无罪释放，不同的怀疑

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Criminal Law Forum Pub Date : 2020-11-18 DOI: 10.1007/s10609-020-09407-9

Yaniv Vaki, Yoram Rabin

引用次数: 1

Intentional and Performative Persuasion: The Linguistic Basis for Criminalizing the (Direct and Indirect) Encouragement of Terrorism 意图和行为说服：将（直接和间接）鼓励恐怖主义定为犯罪的语言基础

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Criminal Law Forum Pub Date : 2020-10-03 DOI: 10.1007/s10609-020-09405-x

Stuart Macdonald, N. Lorenzo-Dus

引用次数: 5

Corporate Vehicular Manslaughter Provisions In The Bangladesh Road Transport Act 2018: A Textual Comparison With Their Equivalents in Australia 2018年孟加拉国道路运输法中的企业车辆过失杀人条款:与澳大利亚等效条款的文本比较

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Criminal Law Forum Pub Date : 2020-09-20 DOI: 10.1007/s10609-020-09404-y

S. M. Solaiman

{"title":"Corporate Vehicular Manslaughter Provisions In The Bangladesh Road Transport Act 2018: A Textual Comparison With Their Equivalents in Australia","authors":"S. M. Solaiman","doi":"10.1007/s10609-020-09404-y","DOIUrl":"https://doi.org/10.1007/s10609-020-09404-y","url":null,"abstract":"The road transport sector in Bangladesh has been simply disorderly for years and gradually going from bad to worse killing about 20,000 people and grievously injuring 50,000 every year as reported by the World Health Organisation. Government transport authorities publicly admit their failure in disciplining the critical sector. The government was ultimately compelled to enact legislation in 2018 following the deaths of two teenage students who were run over by a bus, which triggered nationwide protests effectively paralysing the transport sector for more than a week. To pacify the agitated students, the government enacted the Road Transport Act 2018 which, for the first time, directly imposes criminal responsibility on transport companies, their owners and officers. This article critically examines that corporate liability provisions (liabilities of the companies, their owners, officers, employees – excluding transport workers) from the perspective of vehicular manslaughter in light of their equivalents in Australia, and with sporadic references to common law principles as relevant to both Bangladesh and Australia which have inherited their legal systems from the British colonial rule. We argue that the new provisions have several flaws including the definition of the offence, defences available, and penalties prescribed – which significantly undermine the utility and effectiveness of the new legislation. We provide specific suggestions for amending these provisions aimed at improving road safety in Bangladesh, however, these considerations may also benefit other jurisdictions.","PeriodicalId":43773,"journal":{"name":"Criminal Law Forum","volume":"2 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2020-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531956","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Secretive Symbolism? The Death Penalty, Executions, and Japan 隐秘的象征？死刑、死刑和日本

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Criminal Law Forum Pub Date : 2020-08-26 DOI: 10.1007/s10609-020-09402-0

Billy Holmes

引用次数: 2

True EU citizenship as a precursor to genuine criminal justice in Europe: an analysis of EU citizenship as it relates to a sustainable area of freedom, security and justice 真正的欧盟公民身份是欧洲真正刑事司法的先驱：分析欧盟公民身份与自由、安全和正义的可持续领域

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Criminal Law Forum Pub Date : 2020-07-24 DOI: 10.1007/s10609-020-09396-9

Marianne L. Wade

引用次数: 1

The Use of Public Inquiries in Rooting Out Corruption and Collusion – The Canadian Experience 利用公众调查铲除腐败与勾结——加拿大的经验

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Criminal Law Forum Pub Date : 2020-07-07 DOI: 10.1007/s10609-020-09401-1

Simon Ruel

{"title":"The Use of Public Inquiries in Rooting Out Corruption and Collusion – The Canadian Experience","authors":"Simon Ruel","doi":"10.1007/s10609-020-09401-1","DOIUrl":"https://doi.org/10.1007/s10609-020-09401-1","url":null,"abstract":"A public commission of inquiry is an administrative tool used exceptionally by governments to inquire into and report on controversies of significant public importance. Such inquiries allow the public to better understand the complexities of a scandal or tragedy, but provide no ultimate accountability when criminal activity is at play. In Canada, the use of public commissions of inquiry to investigate corruption and collusion poses significant legal challenges from a constitutional division of powers perspective (between the federal and provincial levels of government) and with regards to the protection of the rights of the accused under the Canadian Charter of Rights and Freedoms . Typically, when criminal conduct is at the heart of the controversy, governments will wait for the completion of all investigations and prosecutions before launching a public inquiry into any remaining matter of public importance. However, the scale of a corruption scandal and the growing public demand for answers may be such that a government is left with no option but to launch a public inquiry immediately, even if there are serious risks of compromising criminal investigations and prosecutions. This paper discusses the legal difficulties associated with the creation and operation of public commission of inquiry into crime, corruption and collusion in particular, and presents a way forward in analysing the various measures that may be adopted at the onset and susbsequently at the operational level to minimize legal risks.","PeriodicalId":43773,"journal":{"name":"Criminal Law Forum","volume":"8 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2020-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531963","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Supervision of Guilty Pleas by the Court of Appeal of England and Wales – Workable Relationships and Tragic Choices 英格兰和威尔士上诉法院对认罪的监督-可行的关系和悲剧性的选择

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Criminal Law Forum Pub Date : 2020-07-07 DOI: 10.1007/s10609-020-09400-2

R. Nobles, David Schiff

引用次数: 2

Book Review 书评

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Criminal Law Forum Pub Date : 2020-06-27 DOI: 10.1007/s10609-020-09399-6

David Prendergast

引用次数: 0

The Catalysing Effect of the Rome Statute in Africa: Positive Complementarity and Self-Referrals 《罗马规约》在非洲的催化作用:积极互补和自我参照

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Criminal Law Forum Pub Date : 2020-06-02 DOI: 10.1007/s10609-020-09398-7

Patricia Hobbs

{"title":"The Catalysing Effect of the Rome Statute in Africa: Positive Complementarity and Self-Referrals","authors":"Patricia Hobbs","doi":"10.1007/s10609-020-09398-7","DOIUrl":"https://doi.org/10.1007/s10609-020-09398-7","url":null,"abstract":"The International Criminal Court’s (ICC) policy and practice of self-referrals has attracted some degree of academic criticism. This has been due partly because the procedure itself was, according to some opinions, never quite envisaged in the original Rome Statute, and partly because the concept of a State self-referral appears to contradict the Rome Statute objective of the ICC as a Court of complementarity. Following Gabon’s self-referral in 2016, and in view of the recent termination of the ICC Prosecutor’s Preliminary Examinations in Gabon, this paper argues that African States’ self-referral practice continues to represent a step backwards for African local justice and accountability. The fact that in this particular situation the necessary threshold was not met is actually not relevant for the argument put forward in this paper, namely that this practice should now be put under scrutiny rather than accepting, at face value, a self-referral whenever an (African) State proposes it. The strengthening of local accountability and the transformation of the local justice landscape should be considered as the ICC long-term objectives, and more dialogue (as well as political pressure) should be contemplated in order to gently coerce States to take on investigations and prosecutions of international crimes.","PeriodicalId":43773,"journal":{"name":"Criminal Law Forum","volume":"35 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2020-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531959","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2