Legal Aspects of Physical Integrity and Deprivation of Liberty
Item 35: Physical and Moral Integrity
It is recognized in Article 15 of the EC, together with the right to life. It is a regional law that protects the inviolability of the person not only against attacks aimed at damaging their body or spirit, but also against all kinds of intervention in such property that lacks the owner’s consent.
Requirements for Intervention Without Consent
- Physical inspection of records: These do not affect physical integrity.
- Body interventions: Removing an internal or external
Absolute vs. Relative Theories of Punishment: A Comparative Analysis
Absolute Theories of Punishment
Absolute theories focus on the penalty itself, rather than its aims. This model of justice, being absolute, does not consider the specific characteristics of each case. It upholds strict justice, hence its name.
Background
Religious Perspective
For example, the Bible mentions “an eye for an eye, tooth for a tooth.” Some interpretations of Islamic law prescribe cutting off a hand in the event of theft.
There is a perceived unity between crime and sin on one hand, and grief
Read MoreUnderstanding the Code of Criminal Procedure, 1973
The Code of Criminal Procedure, 1973
The Code of Criminal Procedure (CrPC) establishes the framework for apprehending criminals, investigating criminal cases, conducting trials in criminal courts, and imposing appropriate punishments on guilty individuals. It serves as an adjective law, but also encompasses substantive provisions (e.g., Chapters VIII, IX, X, and XI). Its primary objective is to provide a mechanism for determining guilt and administering punishment to offenders under substantive criminal
Read MoreCriminal Law: Defences, Mens Rea, and Case Analysis
NCRMD: Defence of Mental Disorder
The defence of mental disorder (NCRMD) applies to an accused who commits criminal acts but cannot be found criminally responsible because their mental processes were impaired. This means they are incapable of appreciating the nature and quality of a criminal act or omission, or of knowing that it is legally and morally wrong.
That said, the mere presence of a mental disorder does not determine the defence applicable. In establishing if the accused is not criminally
Read MoreCriminal Law vs. Criminology: Concepts and Applications
Lesson 1: Concept of Criminal Law vs. Criminology
Criminal Law: A set of rules that regulate certain conduct as a crime by applying a legal consequence.
- Concept: A set of rules that regulate certain conduct as a crime by applying a legal consequence.
- Method: Abstract. Inductive method of science policy.
- Object of study: Crime. The crime is understood as the violation of a penal norm. The existence of the crime is valued in the Penal Code.
- Offenders: The only interest shown to the particular offender
Criminal Law Defenses: Mens Rea, Capacity, and More
Criminal Law Defenses
Negation of Mens Rea
Negation of mens rea:
- We speak of the defense of accident in a case in which the conscious conduct of the accused constitutes the actus reus of the crime charged. The allegation always is that the accused did not intend to produce the prohibited consequences (an accused who has been negligent or subjectively reckless will not escape liability).
- Ignorance of fact is a defense if it results in the accused lacking the intention, subjective recklessness, or guilty