![]() Some domestic courts have been playing a vital role in enhancing the criminal proceedings for administrative. The study has evaluated the criminal justice agencies, such as the French Constitutional Council and the European Court of Human Rights. The punitive authorities of independent administrative bodies and their role in the widening circle of criminality have been the main focus of the study. At the end of the paper, the author points to possible de lege ferenda directions that could represent an alternative to life imprisonment, considering it a serious challenge for protection of the dignity of convicted persons. The paper analyzes the possibility of application of human rights standards within the current criminal law legislation. Particular attention in the paper is devoted to human rights standards relating to life imprisonment, mainly stemming from the case-law of the European Court of Human Rights. met with noticeable interest and activism by representatives of the domestic and international professional public. Despite the refusal of the competent authorities to hold a public hearing on the issue, the introduction of life imprisonment, excluding the possibility of conditional release of convicted persons for certain offenses punishable by this sentence, was. Since May 2019, Serbia has joined the majority of European countries which have the sentence of life imprisonment in their criminal justice systems. Reviewing error in objecto in the broader scheme of dolus therefore shows that it is inaccurate to claim that the victim’s identity is always irrelevant to a charge of murder. This was the manner in which it was correctly applied in State v Pistorius, although the reasoning was not evident in the judgment. It must thus yield to the basic principles of criminal law, including subjectivity and the putative defences flowing from De Blom. Consequently, error in objecto likely only applies to dolus directus, is heavily influenced by the now defunct doctrine of transferred malice and has not become an entrenched principle in our law. By recognising foresight/knowledge of unlawfulness as a component of dolus, De Blom took subjectivity to its logical conclusion in 1977. assigns blame on a principled basis, thus it has achieved recognition from the Constitutional Court. For the last 60 years South Africa has taken a consistently subjective approach to assessing intention, evidenced through the courts’ rejection of versari, the presumption of intent and transferred malice. State v Pistorius provides an opportunity to consider error in objecto in the context of the broader approach to dolus in South African criminal law. The article is based on the 2016 Bergen Lecture on Criminal Law and Criminal Justice which the author gave on 26 October 2016 at the Faculty of Law, University of Bergen. In doing so, the author examines the underlying tensions between the conception of penal policy as falling within the exclusive domain of domestic decision-making and the individualistic and dignitarian notion of human rights in which the Convention system is firmly grounded. both as it stands alone as well as how it fits into and, now, influences the Court’s case-law on Article 3 and 5 of the Convention, before reviewing the procedural requirements laid down by the Court for a ‘Vinter review’ of life sentences. The author, a judge of the Strasbourg Court, analyses the Vinter judgment. ![]() the United Kingdom, the European Court of Human Rights held that a life sentence which is not de jure and de facto reducible amounts to a breach of the prohibition of inhuman and degrading punishment, as enshrined in Article 3 of the European Convention on Human Rights. In its landmark 2013 judgment of Vinter and Others v. Sexual offences and (iii) a brief overview of court structures and rules Offenders and the enactment of sweeping reform of the definition of Legislature’s recent introduction of a formal system of diversion of juvenile Supreme Court of Appeal in recent years) on criminal law, procedure,Įvidence and punishment (ii) an evaluation of the South African The judgments of the South African Constitutional Court (and the This spotlight falls on (i) the impact of Since its inception in 1994, the South African Constitutional Court hasĬonfronted numerous constitutional challenges to legislative and commonlaw ![]() ![]() Provisions of the Bill of Rights in Chapter 2 of the Constitution. Procedure and evidence (and their application) have to conform to the Not only are due process rights specifically protected in theĬonstitution under section 35, but also all rules of criminal law, Society based on democratic values, social justice and fundamental human In its Preamble, is to “eal the divisions of the past and establish a A major objective of the South African Constitution of 1996, mentioned
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