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Criminal Responsibility In French Law
Criminal responsibility in French criminal law is the obligation to answer for infractions committed and to suffer the punishment provided by the legislation that governs the infraction in question. In a democracy citizens have rights but also duties: with freedom comes responsibility. Unlike civil liability, the obligation to answer for damage one has caused, either by repairing it or paying damages and interest for it, criminal responsibility implies legal recourse for the state against a disturbance of the peace. This includes three major factors: *participation in a criminal offense *forms of criminal responsibility *exceptions to criminal responsibility. Participation The author and the co-author * The material author of the infraction is the person who physically performs the actions necessary to make up the criminal action. In the case of a murder this would be the person who struck the fatal blow. For crimes of omission the material author would be the person wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Criminal Law
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 In this sense it is of a punitive nature, as opposed to which settles disputes between individuals. These offenses are divided into three categories, according to increasing severity: and ''crimes''. The latter two categories are determined by the legislature, while contraventions are the responsibility of the executive branch. This tripartite division is matched by the courts responsible for enforcing criminal law: the police tribunal for infractions; the ''tribunal correctionnel'' for ; the cour d'assises for . Criminal law is carried out within the rules of whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Complicity
Complicity is the participation in a completed criminal act of an accomplice, a partner in the crime who aids or encourages ( abets) other perpetrators of that crime, and who shared with them an intent to act to complete the crime.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> A person is an accomplice of another person in the commission of a crime if they purpose the completion of a crime, and toward that end, if that person solicits or encourages the other person, or aids or attempts to aid in planning or committing the crime, or has legal duty to prevent that crime but fails to make an effort to Crime prevention, prevent it properly. Unlike attempt, solicitation, and conspiracy, which are crimes in and of themselves, complicity is not itself a crime but is a way of committing a crime. It also differs from an attempt, solicitation, and conspiracy in that it always depends on that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abuse Of Authority
Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other types of aggression. To these descriptions, one can also add the Kantian notion of the wrongness of using another human being as means to an end rather than as ends in themselves. Some sources describe abuse as "socially constructed", which means there may be more or less recognition of the suffering of a victim at different times and societies. Types and contexts of abuse Abuse of authority Abuse of authority includes harassment, interference, pressure, and inappropriate requests or favors. Abuse of corpse :''See: Necrophilia'' Necrophilia involves possessing a physical attraction to dead bodies that may led to acting upon sexual urges. As corpses are dead and cannot give consent, any manipulation, removal of parts, mutilation, or se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Documents
A document is a written, drawn, presented, or memorialized representation of thought, often the manifestation of non-fictional, as well as fictional, content. The word originates from the Latin ''Documentum'', which denotes a "teaching" or "lesson": the verb ''doceō'' denotes "to teach". In the past, the word was usually used to denote written proof useful as evidence of a truth or fact. In the computer age, "document" usually denotes a primarily textual computer file, including its structure and format, e.g. fonts, colors, and images. Contemporarily, "document" is not defined by its transmission medium, e.g., paper, given the existence of electronic documents. "Documentation" is distinct because it has more denotations than "document". Documents are also distinguished from " realia", which are three-dimensional objects that would otherwise satisfy the definition of "document" because they memorialize or represent thought; documents are considered more as 2-dimensional repre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intention
Intentions are mental states in which the agent commits themselves to a course of action. Having the plan to visit the zoo tomorrow is an example of an intention. The action plan is the ''content'' of the intention while the commitment is the ''attitude'' towards this content. Other mental states can have action plans as their content, as when one admires a plan, but differ from intentions since they do not involve a practical commitment to realizing this plan. Successful intentions bring about the intended course of action while unsuccessful intentions fail to do so. Intentions, like many other mental states, have intentionality: they represent possible states of affairs. Theories of intention try to capture the characteristic features of intentions. The ''belief-desire theory'' is the traditionally dominant approach. According to a simple version of it, having an intention is nothing but having a desire to perform a certain action and a belief that one will perform this actio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Impunity
Impunity is avoidance of punishment, loss, or other negative consequences for an action. In the international law of human rights, impunity is failure to bring perpetrators of human rights violations to justice and, as such, itself constitutes a denial of the victims' right to justice and redress. Impunity is especially common in countries that lack a tradition of the rule of law, suffer from corruption or that have entrenched systems of patronage, or where the judiciary is weak or members of the security forces are protected by special jurisdictions or immunities. Impunity is sometimes considered a form of denialism of historical crimes. Examples The Armenian genocide was fueled by impunity for the perpetrators of earlier massacres of Armenians, such as the 1890s Hamidian massacres. After the genocide, the Treaty of Sèvres required Turkey to allow the return of refugees and enable them to recover their properties. However, Turkey did not allow the return of refugees and n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insurance Fraud
Insurance fraud is any act committed to defraud an insurance process. It occurs when a claimant attempts to obtain some benefit or advantage they are not entitled to, or when an insurer knowingly denies some benefit that is due. According to the United States Federal Bureau of Investigation, the most common schemes include premium diversion, fee churning, asset diversion, and workers compensation fraud. Perpetrators in the schemes can be insurance company employees or claimants. False insurance claims are insurance claims filed with the fraudulent intention towards an insurance provider. Insurance fraud has existed since the beginning of insurance as a commercial enterprise.Manes, Alfred. "Insurance Crimes." p. 34. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intention (criminal Law)
In criminal law, intent is a subjective state of mind () that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is : intent or knowledge of wrongdoing. Definitions Intent is defined in English law by the ruling in ''R v Mohan'' 976QB 1 as "the decision to bring about a prohibited consequence" ( malum prohibitum). A range of words represents shades of ''intent'' in criminal laws around the world. The mental element, or '' mens rea'', of murder, for example, was historically called malice aforethought. In some jurisdictions transferred intent allows the prosecution for intentional murder if a death occurs in the course of committing an intentional felony. The intent for the felony is transferred to the killing in this type of situation. The language of "malice" is mostly abandoned and intent element of a crime, such as intent to kill, may exist without a malicious motive, or even with a benevolent motive, suc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attempted Murder
Attempted murder is a crime of attempt in various jurisdictions. Canada Section 239 of the ''Criminal Code'' makes attempted murder punishable by a maximum of life imprisonment. If a gun is used, the minimum sentence is four, five or seven years, dependent on prior convictions and relation to organized crime. United Kingdom England and Wales In English criminal law, attempted murder is the crime of simultaneously preparing to commit an unlawful killing and having a specific intention to cause the death of a human being under the Queen's Peace. The phrase "more than merely preparatory" is specified by the Criminal Attempts Act 1981 to denote the fact that preparation for a crime by itself does not constitute an "attempted crime". In England and Wales, as an " attempt", attempted murder is an offence under section 1(1) of the Criminal Attempts Act 1981 and is an indictable offence which carries a maximum penalty of life imprisonment (the same as the mandatory sentence fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Typically, misdemeanors are punished with monetary fines or community service. Distinction between felonies and misdemeanors A misdemeanor is considered a crime of lesser seriousness, and a felony one of greater seriousness. The maximum punishment for a misdemeanor is less than that for a felony under the principle that the punishment should fit the crime. One standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed. In the United States, the federal government generally considers a crime punishable with incarceration for not more than ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Accomplice
Under the English common law, an accomplice is a person who actively participates in the commission of a crime, even if they take no part in the actual criminal offense. For example, in a bank robbery, the person who points the gun at the teller and demands the money is guilty of armed robbery. Anyone else directly involved in the commission of the crime, such as the lookout or the getaway car driver, is an accomplice, even if in the absence of an underlying offense keeping a lookout or driving a car would not be an offense. An accomplice differs from an accessory in that an accomplice is present at the actual crime, and could be prosecuted even if the main criminal (the '' principal'') is not charged or convicted. An accessory is generally not present at the actual crime, and may be subject to lesser penalties than an accomplice or principal. At law, an accomplice has the same degree of guilt as the person(s) who committed the underlying crime, and is subject to the same lev ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attempt
An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan (law professor), Robert Weisberg, Guyora Binder, /ref> Attempt to commit a particular crime is a crime, usually considered to be of the same or lesser gravity as the particular crime attempted. Attempt is a type of inchoate crime, a crime that is not fully developed. The crime of attempt has two elements, intent and some conduct toward completion of the crime.Defining Attempts: Mandujano's Error, Duke University, Michael R. Fishman/ref> One group of theories in criminal law is that attempt to commit an act occurs when a person comes dangerously close to carrying out a criminal act, and intends to commit the act, but does not commit it. The person may have ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
