Relevant bibliographies by topics / Law of the execution of the punishments

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Academic literature on the topic 'Law of the execution of the punishments'

Author: Grafiati
Published: 4 June 2021
Last updated: 8 February 2022

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Journal articles on the topic "Law of the execution of the punishments"

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Lozhkina, L. V. "CURRENT CRIMINAL LAW AND PENITENTIARY ASPECTS OF LIFE IMPRISONMENT." Bulletin of Udmurt University. Series Economics and Law 30, no. 4 (August 13, 2020): 554–60. http://dx.doi.org/10.35634/2412-9593-2020-30-4-554-560.

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The article examines current criminal-legal and criminal-executive aspects of punishment in the form of life imprisonment, in particular, the historical aspect of the appearance of this measure in the system of punishments, issues of parole. The problem points that characterize the current order of execution and serving of life imprisonment are identified, and options for resolving the problems considered are proposed. Attention is also paid to the analysis of corrective measures implemented in the execution of punishment. It is pointed out that it is expedient to allocate an independent section defining the features of the content of prisoners sentenced to life imprisonment, as it is done, for example, for persons held in locked rooms such as a penal isolation unit, cell-type rooms, as well as to allocate characteristics of the order and conditions of serving a sentence to separate norms, differentiating the punitive and correctional approach to prisoners.
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Селезнев, Владимир, and Vladimir Seleznev. "Execution of Several Administrative Punishments." Journal of Russian Law 4, no. 2 (February 5, 2016): 0. http://dx.doi.org/10.12737/17648.

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Increasing of efficacy of judicial acts proceedings is an actual problem of the governmental management. There are many changes that have been inserted in Code of the Russian Federation on Administrative Violations, nevertheless there are questions about legal norms certainty, legal regulation system conformity including the part of administrative punishment execution. Several questions concerning execution of these kinds of administrative punishments such as administrative financial penalty, administrative suspension of activities, administrative exile of foreign citizen or stateless person outside the Russian Federation, compulsory work are considered in the article. The attention is paid to problems of legislation imperfection that regulates the order of judicial acts proceedings in cases on administrative violations, which can tend to violations of warranties in governmental protection of rights, liberties and legitimate interests of people. The author has formulated the suggestions about making amendments to Code of the Russian Federation on Administrative Violations in order to increase the efficacy of law-enforcement activity in judicial acts proceedings.
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Yuzhanin, V. Е. "Prospects for Expanding the Subject of Penal Law." Lex Russica, no. 10 (October 24, 2019): 114–22. http://dx.doi.org/10.17803/1729-5920.2019.155.10.114-122.

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The paper notes that the issue of the independence of penal law as a branch is not relevant; still the issue on the subject of this branch of law, which is understood in a narrow (classical) and broad senses, remains acute. The classical definition of the subject consists of social relations arising in the execution of all punishments, and now other measures of a criminal law nature. Currently, scientists are increasingly talking about the need to expand the subject of penal law due to the inclusion of public relations in the execution of measures of restraint in form of detention and house arrest; assistance in social adaptation of the persons released from serving of punishment and other measures of criminal legal character; and when applying the non-punitive means of influence on prisoners.The author does not agree that the penal law should regulate only punishments and other measures of a criminal legal nature, which are a form of realization of criminal responsibility. In this regard, compulsory medical measures, confiscation of property and a court fine cannot be considered as such. If we consider criminal responsibility in a broad sense — as having a coercive rather than punitive character, then all measures of a criminal nature should be covered by it and be the subject of this branch of law. Penal law is not penal executive law but penal law.The paper notes that not legally, but practically, the execution of detention and house arrest is included in the subject of penal law, as they are executed by institutions and bodies of the Federal Enforcement Service and are included in the course of penal law at the Russian Federal Enforcement Service universities. The author of the paper admits that these preventive measures may be the subject of penal law, which, as in relation to criminal law, is the executive branch in relation to criminal procedure law.Many scholars believe that post-penitentiary relations are the subject of penal law. Agreeing with them, the author of the paper believes that in this case it is necessary to provide for the purpose of penal legislation — the resocialization of convicts, which includes correction, preparation of convicts for release and their social adaptation after release from punishment. As an example, the author refers to the regulation of such relations in the Penal Code of the Republic of Belarus and Ukraine.Thus, the subject of penal law should be the criminal executive social relations that develop in the implementation of compulsory institutions of criminal and criminal procedure law, having an executive direction.
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Rifai, Eddy. "An Analysis of the Death Penalty in Indonesia Criminal Law." Sriwijaya Law Review 1, no. 2 (July 31, 2017): 191. http://dx.doi.org/10.28946/slrev.vol1.iss2.44.pp191-200.

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This research uses normative juridical approach to study on the analysis of the death penalty executions and the legal policy of death executions in Indonesia. There are delays on death executions for the convicted person since they entitled to using rights namely filing a judicial review (PK/Peninjauan Kembali). Furthermore, the legal loophole in the execution of the death penalty by the publication of the Constitutional Court Number 107 / PUU-XIII / 2015 which assert that the Attorney as the executor can ask the convicted person or his family whether to use their rights or not if the convict clearly does not want to use his rights, the executions will be carried out. Legal policy on threats and the implementation of the death penalty in the draft of criminal code was agreed by draftsman of the bill with the solutions. The draftsman of the bill agrees that the death penalty will be an alternative punishment sentenced as a last resort to protect the society. The bill also regulates that the execution among others include that the execution can be delayed by ten years probations. If the public reaction on the convict is not too large or convict has regret and could fix it or the role in the crime is not very important and there is a reason to reduce punishment, the death penalty may be changed. For pregnant women and the mentally ill convicts the execution can only be carried after the birth and the person has recovered from mental illness. The existence of this solutions is still kept putting the death penalty in criminal law, whereas the effectiveness of the death penalty is scientifically still in doubt to solve crimes and to prevent crimes by the death penalty punishment.
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Artemenkov, M. "THE DRAFT PROVISIONS OF THE PENAL PRISONS IN THE RUSSIAN EMPIRE." Proceedings of the Southwest State University 21, no. 5 (October 28, 2017): 164–69. http://dx.doi.org/10.21869/2223-1560-2017-21-5-168-173.

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The article analyzes in detail the issues of the formation and development of the penitentiary legislation of the Russian Empire during the Great Reforms of Alexander II. The author notes that changes in the field of execution of punishments were an integral part of the changes that took place in the country, had their historical substantiation and should be considered in the general context of liberal changes of the second half of the XIX century. The formation of new economic relations, changes in the social structure of society, the emergence of new political practices made it necessary to liberalize the penitentiary sphere. New legal theories associated with understanding the purposes, purpose and execution of punishments, became the basis for the transformation in European countries, including the Russian Empire. The main form of punishment is imprisonment, which was the result of changing the purpose of punishment. It is the correction of the person who committed the crime, through work, education and upbringing. The article analyzes the practice of preparing normative and legal acts related to the study of foreign experience, the organization of experimental places of detention, the discussion of the provisions of the draft of the Regulations on Correctional Prisons in the Russian Empire in various commissions. The prepared draft law, in spite of certain shortcomings, was progressive and corresponded to the tasks that faced the system of execution of punishment. Thus, the article concludes that the ongoing reforms were progressive, an assessment was made on the issues of discussion. When writing a scientific work the author used the materials of the State Archives of the Russian Federation, as well as scientific literature of both domestic and foreign authors.
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А. B., Skakov. "PROGRESSIVE SYSTEM OF EXECUTION OF DETENTION OF FREEDOM AND PROSPECTS OF ITS APPLICATION IN KAZAKHSTAN." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2020, no. 1 (December 22, 2020): 47–62. http://dx.doi.org/10.32755/sjcriminal.2020.01.047.

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The article formulates the author`s definition of the progressive system: “The progressive system is a complex intersectoral institution of criminal and criminal and executive law, including several independent institutions, in the process of applying which the legal status of the convict changes depending on the degree of its correction in the direction of either expansion or restriction of the volume of his rights”. It is noted that in the current legislation, with the establishment of a general rule on various conditions for serving a sentence within one correctional institution, the progressive system has acquired a completely finished form and can be considered the basis of all punitive and educational impact on convicts. The need for a more detailed classification of positively characterized convicts has been also actualized. In this case, each positive degree of behavior of convicts must correspond to certain conditions of detention and institutions of the progressive system, namely: upon reaching the 1st positive degree, the convict is kept in the usual conditions of a correctional institution (the institution of changing conditions of detention within one correctional institution); at the 2nd positive degree – transferred to lighter conditions of detention; at the 3rd positive degree – transferred to preferential conditions of detention; upon reaching the 4th positive degree – transferred to an institution of another type; at the 5th positive degree – the institution of replacement of punishment is applied; at the 6th positive degree – parole of the convicted person is possible. A proposal regarding the release of the court from the function of changing the process of executing the sentence has been formulated, in order to entrust it to the supervisory commissions created at the correctional institution. The court will only appoint the type of punishment, and the execution of the court`s decision should be entrusted to the Committee of the Penitentiary System and the Supervisory Commission. In this case, the commission collectively decides on the application of all the institutions of the progressive system, up to the institution of parole. The necessity of further improvement of legal regulation of the process of execution of punishments, alternative to imprisonment, according to the progressive system is substantiated. Key words: criminal policy, humanization, deprivation of liberty, punishments alternative to imprisonment, progressive system of execution of imprisonment, conditions of detention, behavior of convicts.
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Rybakov, Viacheslav M. "Carrying out of Punishments Under the T’ang Dynasty Criminal Law." Письменные памятники Востока 17, no. 4 (February 4, 2021): 52–65. http://dx.doi.org/10.17816/wmo55056.

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Every legal system includes, as one of its main elements, a system of the implementation of sentences issued by the courts. However, the administration of punishments is always connected with violence against people, and sometimes even with their execution. The extent to which such violence was restricted so as to be acceptable to the collective sense of justice is an eloquent characteristic of the very concepts of justice inherent in culture as a whole. This article uses the example of the Chinese Tang dynasty criminal law to analyze what restrictions were provided by the traditional Chinese law for state violence against convicted criminals, and what penalties for government employees, who violated those restrictions.
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Khanjani, Mohammad Kazem, and Atoosa Bahadori. "Damage compensation for innocent defendants and Convicts in Iran and the Canadian legal system." Technium Social Sciences Journal 23 (September 9, 2021): 370–79. http://dx.doi.org/10.47577/tssj.v23i1.4137.

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In the field of innocent defendants and convicts' damage compensation who have endured further losses due to issue criminal supply contracts or orders execution, their innocence has been cleared by issuing acquittance sentences. It counted as one of the most challenging issues in private and criminal law. In these recent years, based on positive changes in the rules of Iran, a lot of works done for innocent defendants and convicts' damage compensation have endured different and unfair punishments. But no integration or constructive work has been done for guiltless convicts' damage compensation who have endured some parts or all their punishments, and their innocence has been proved but not predicted. The reverse of this matter is true in the Canadian law system. Only a guilty convict who has tolerated some or all parts of unfair punishment deserves to receive damage compensation. This study attempted to research the subject's international binding rules, and many practical strategies for guiltless convicts' damage compensation will be considered in both systems by a comparative study.
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Bornstein-Makovetsky, Leah. "Sentencing Jews to work on Ottoman Naval Ships and in Forced Labor at the Imperial Arsenal from the Early 16th Century to 1839." Miscellanea Historico-Iuridica 19, no. 1 (2020): 421–42. http://dx.doi.org/10.15290/mhi.2020.19.01.18.

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The purpose of the article is to discuss punishments of kürek, i.e., penal servitude on the galleys, and forced labor at the Imperial Arsenal (Tersâne-i Amire), imposed on Jewish men by kadis and Ottoman governors during the 16th-19th centuries in the Ottoman Empire. The kürek (lit. “oar”) punishment was inflicted for serious crimes, e.g., adultery, heresy, prostitution, and coin-clipping, as well as other grave offenses for which the Shari'ah/Kanon prescribed the death penalty. At times it was also administered for lesser crimes. We learn that this punishment was administered particularly when the Ottoman navy needed more working hands, mainly after the Battle of Lepanto in October 1571 and during the campaign for the conquest of Crete in the 1660s. This punishment was meted out mainly to Jewish offenders from Istanbul and Izmir. The article discusses the execution of these punishments in light of many sources and draws conclusions in the light of extensive research literature. It devotes extensive discussion to the attitude of Jewish leaders, Jewish courts of law and individual Jews to these penalties both in theory and in practice.
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Golduzian, Iraj, Hamid Reza Mirzajani, and Samaneh Eghtedari. "Semi-Liberty System Investigation in Iranian and French Law." ALUSTATH JOURNAL FOR HUMAN AND SOCIAL SCIENCES 225, no. 1 (September 1, 2018): 115–36. http://dx.doi.org/10.36473/ujhss.v225i1.131.

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The semi-liberty system was first established in French law and accepted in Iranian criminal law before Islamic Revolution Laws. In 2013, it was proposed in Islamic Penal Code with regard to detention policies and reducing the number of criminal cases. The semi-liberty system is one of the borderline penalties and it is moderate for crimes considered. In this case, the perpetrators are reformed in these crimes and they demand corrective actions based on middle legal sanctions. The mentioned item is one of the manifestation principles of individualizing punishment. The gradual progress of the convicted person is included in its working schedule. It has agreed with his/her liberty. This system gives an identity to criminal people to avoid him from labeling. It also gives job and family stability for convinced. It is matched to criminal justice response based on criminal status. And finally, it reduces the criminal costs. The purpose of the execution of punishments is reforming the criminal person. The jurisprudential foundations are not in conflict with the implementation of punishments with regard to demanding of the criminal person reforming and reducing the harmful effects of imprisonment on convicted person, his family and society. The privative liberty is minimized based on international documents. They develop liberties before the deadline and items including the mid-liberties. Finally, this item tries to create at least distance between the community and the convinced person and obtain the most benefit for society with regard to implementing this system. This study investigates the system of semi-liberation in Iranian criminal policy and French law.
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Dissertations / Theses on the topic "Law of the execution of the punishments"

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Silva, Anaclara Pedroso Fernandes Valentim da. "O mito do cárcere ressocializador." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21114.

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Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-06-06T12:06:03Z No. of bitstreams: 1 Anaclara Pedroso Fernandes Valentim da Silva.pdf: 1490477 bytes, checksum: 078eed46a15ac8b4076f9eb4ce9485b2 (MD5)
Made available in DSpace on 2018-06-06T12:06:03Z (GMT). No. of bitstreams: 1 Anaclara Pedroso Fernandes Valentim da Silva.pdf: 1490477 bytes, checksum: 078eed46a15ac8b4076f9eb4ce9485b2 (MD5) Previous issue date: 2018-04-06
Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES
The resocializing purpose of the penalty, in the course of history, has been placed as its primary purpose. This claim is supported by the fact that some of the dogmatic theories on the subject never exclude it as the ultimate goal of the sanction or even place it as a limitation on other purposes, as for example in Claus Roxin's Dialectic Theory. Moreover, the Brazilian legal system, if analyzed in a systematic way, prioritizes re-education and social reintegration of the convicted in society, which demonstrates crystal proof because the Law on the Execution of Criminal Sanctions contains numerous resocializing mechanisms to be applied. The purpose of this study is to analyze, through the hypothetical-deductive method, whether the hypothesis of resocialization of the condemned prisoner is a myth, besides being essentially obedient to the guiding values of the national legal system and likewise being a motivating purpose of numerous legal institutes included in the Law on the Execution of Criminal Sanctions. Thus, it was verified that social integration is not really implemented, either because it is not in fact the purpose of the intended penalty or because of the dysfunctional use of the available legal instruments, it became only a legitimating speech of the existence of the sentence and has as a consequence the mistaken production of legal and legislative decisions, impacting significantly on the criminal policy adopted by the State
A finalidade ressocializadora da pena, no decorrer da história, vem sendo colocada como finalidade precípua da pena. Tal afirmação encontra respaldo no fato de algumas das teorias dogmáticas a respeito do tema nunca a excluírem como objetivo final da sanção penal ou mesmo a colocarem como limitação das demais finalidades, como acontece, por exemplo, na Teoria Mista Dialética, de Claus Roxin. No mais, o ordenamento jurídico brasileiro, se analisado de forma sistemática, prioriza a reeducação e a reintegração social do condenado, o que resta cristalinamente comprovado no texto da Lei de Execução Penal, do qual constam inúmeros mecanismos ressocializadores. O objetivo deste estudo é analisar, através do método hipotético-dedutivo, a hipótese da ressocialização do condenado à pena de prisão ser um mito, ainda que essencialmente obediente aos valores norteadores do ordenamento jurídico nacional, além de ser finalidade motivadora de inúmeros institutos jurídicos constantes da Lei de Execução Penal. Assim, se comprovará que a integração social não é verdadeiramente implementada, quer seja por não ser de fato a finalidade da pena pretendida ou por uso disfuncional dos instrumentos legais disponíveis, tornando-se apenas um discurso legitimador da existência da pena e que tem como consequência a produção equivocada de decisões jurídicas e legislativas, impactando significativamente na política criminal adotada pelo Estado
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Leroy, Aude. "Patientez en prison. La construction des itinéraires carcéraux en centre de détention." Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLN061/document.

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Selon le droit de l'exécution des peines, un éventail de mesures judiciaires permet de déplacer un détenu vers l’extérieur des murs, de manière temporaire ou pérenne. Il s’agit d’un ensemble assez flou, appelé aménagements de peine. Un paradigme dominant des politiques publiques enjoint à favoriser les demandes de ces mesures de la part des détenus condamnés. L’idée est d’organiser des voies progressives de sortie. Les acteurs professionnels de la prison et de la justice s’accordent à considérer qu’il s’agit de la meilleure transition entre le dedans et le dehors. Pourtant, l’obtention d’une mesure telle que la libération conditionnelle ou la semi-liberté relève d’un processus très sélectif. Les professionnels enrôlés dans ces activités décisionnelles tiennent compte d’ordres de considérations contradictoires polarisées par, d’un côté, l’idéal de la réhabilitation du condamné, et, d’un autre côté, les préoccupations concernant la récidive. Il en résulte des dilemmes, et un chemin exigeant pour le condamné. Ces exigences, les professionnels leur donnent un sens, ils les transforment en épreuve traversée par un détenu singulier. Cette thèse prend pour objet la manière dont le justiciable, candidat à un aménagement de peine, se voit engagé à suivre un programme institutionnel, un curriculum de la réinsertion. Au cours de cette épreuve, le détenu est conduit à se rapprocher des attentes qui s’expriment à son égard, d’un schéma du bon candidat à ’aménagement de peine. Les gages qu’il doit présenter « enveloppent » tout ce qui fait une personne : gages d’insertion socio-économique, mais aussi gages d’une amélioration de son for intérieur, de son intimité psychique. Ces critères sont objectivés, notamment, par les expertises psychiatriques. Or, d’une manière ou d’une autre, l’ensemble des acteurs professionnels en prison, et même les bénévoles, sont mis à contribution dans ce projet institutionnel, qui prétend considérer comment le détenu a “évolué” en tant que personne. La thèse décrit cette économie morale : les relations de travail sous-tendues, en prison, par une politique pénale qui tend à gouverner les détenus en les enrôlant dans un programme dont on considère qu’il doit être voulu par le justiciable
According to the law, a range of judicial measures allows to move a prisoner towards the outside of walls, in a temporary or long-lasting way. It is called sentencing reductions. One paradigm dominating public policies orders to favor the requests of these measures on behalf of the condemned prisoners. The idea is to organize progressive ways of release. The professional actors of the prison and the justice agree to consider that it is about the best transition between inside and the outside. Nevertheless, the obtaining of a measure such as the release on parole or the relative freedom is a matter of a very selective process. The professionals enlisted in these decision-making activities take into account orders of contradictory considerations polarized by, on one side, the ideal of the rehabilitation of the condemned person, and, on the other hand, the concerns concerning the recidivism. It results from it dilemmae, and demanding path for the condemned person. These requirements, the professionals give them a sense. They transform them into an meaningfull experience crossed by a singular prisoner. This dissertation takes for object the way the citizen, who applies to a sentencing reduction, get committed to follow an institutional program, a curriculum of the reintegration. During these hardships, the prisoner is driven to get closer to expectations which express themselves towards him/her. He is led into a plan of the good candidate for the sentencing reduction. The wages which he has to present "wrap" all which makes a person: wages of socioeconomic insertion, but also wages of an improvement of its heart of hearts, its psychic intimacy. These criteria are objectified, in particular, by psychiatric examinations. Yet, somehow or other, all the professional actors in prison, and even the volunteers, are put in contribution in this institutional project, which claims to consider how the prisoner "evolved". The dissertation describes this moral economy: the tend to govern the prisoners by enlisting them in a program of which we consider that they must desire to get hired into the programm
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Colyer, Greg Warren. "Is capital punishment a deterrent to crime?" CSUSB ScholarWorks, 1999. https://scholarworks.lib.csusb.edu/etd-project/1720.

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Pollard, Heather Ann. "Women executed by the state of Connecticut /." Abstract, 2009. http://eprints.ccsu.edu/archive/00000573/01/2014Abstract.htm.

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Thesis (M.A.) -- Central Connecticut State University, 2009.
Thesis advisor: Katherine A. Hermes. "... in partial fulfillment of the requirements for the degree of Master of Arts in History." Includes bibliographical references (leaves 1-7, third numbering). Abstract available via the World Wide Web.
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Oram, Gerard Christopher. ""What alternative punishment is there?" : military executions during World War I." Thesis, [n.p.], 2000. http://ethos.bl.uk/.

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Davis, Owen B. "Antitrust punishments in experimental duopoly markets." Laramie, Wyo. : University of Wyoming, 2008. http://proquest.umi.com/pqdweb?did=1654492701&sid=1&Fmt=2&clientId=18949&RQT=309&VName=PQD.

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White, Matthew Trevor. "Ordering the mob : London's public punishments, c. 1783-1868." Thesis, University of Hertfordshire, 2010. http://hdl.handle.net/2299/4253.

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This thesis explores the crowds that attended London's executions, pillories and public whippings during the eighteenth and nineteenth centuries. It aims to reappraise a literature describing the carnivalesque and voyeuristic nature of popular behaviour, and to trace a continuum in the public's active engagement with the criminal justice system between 1783 and 1868. By employing a range of little used sources to examine the biographical, geographical and social texture of punishment audiences, it details the lives and motivations of the men, women and children who assembled to watch these often brutal events. In the process, this thesis significantly revises our received understanding of the troublesome punishment 'mob', the unruliness and low character of which has been frequently assumed on the basis of uncritical reading of contemporary sources inveighing against plebeian behaviour. It reveals a more stable picture of public participation, and argues that this experience was characterized by the remarkable social diversity and relative good order of the crowd. This study in consequence problematizes teleological narratives of social 'improvement' and a putative 'civilizing process', which have traditionally described the fall of public punishments as a product of changing urban sensitivities. In analysing the crowd's structure and responses to public punishments over time, the thesis demonstrates how popular expectations surrounding older forms of public justice remained essentially unchanged, and continued to speak forcefully to the metropolitan conscience. To explain the undoubted changes in punishment policy in the period, in the absence of a clear teleological narrative of attitudes towards public punishment, the thesis in turn argues that the decline of the pillory, whippings and public executions in London was driven by elite fears regarding mass behaviour, particularly in the wake of the Gordon Riots of 1780, and suggests that public punishments disappeared not because of their dwindling moral relevance or failing penal utility, but as a result of the middle class's increasingly nervous perceptions of urban mass phenomena. The thesis argues that the decline of public punishment did not result from 'squeamishness' about judicial murder and corporal punishment, but from anxiety about the authority and power of the crowd.
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Alsoufi, Rana Hajaj Ahmaid. "Strategies for the justifications of Ḥudūd Allah and their punishments in the Islamic tradition." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/7989.

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The punishments of Islamic criminal law and in particular, the notoriously severe ḥadd punishments, were never systematically justified in classical Islamic jurisprudence (fiqh). However, the fiqh tradition is ripe with debates about ḥadd punishments, and theories of justification, while not fully spelt out, are often implied in the writings of Muslim jurists. In Part I of this thesis, three fiqh strategies for the justification of ḥadd punishments are described and critically evaluated: one that seeks to characterize the ḥadd punishments as divinely ordained, immutable “rights of God” (ch. 1), one that describes the purpose of ḥadd punishments as serving general as well as individual prevention (ch. 2), and one that stresses that to suffer ḥadd is an expiatory act that amends for sins and thus ensures salvation in the Hereafter (ch. 3). The Sunnī legal schools (madhāhib), salient representatives of which are studied in this dissertation, controversially discussed the meaning and purpose of ḥadd punishments in the context of each of these three fiqh discourses. Part II of this thesis proceeds to describe and discuss contemporary Muslim debates about the applicability and justifiability of ḥadd punishments today. While only few Islamic regimes currently implement ḥadd, the topic has a large symbolical importance because it exemplifies the struggle of Muslim thinkers to reconcile Islam with modernity. In a first step, this thesis aims to clarify to what extent contemporary positions echo, attack or simply sidestep classical fiqh positions: how, in other words, the present is connected to the traditional fiqh framework of the past (ch. 4). In a concluding chapter, a number of salient topics of debate in the contemporary ḥadd controversy are analysed within the cultural and political contexts in which they are located (ch. 5). While classical legal doctrines about ḥadd punishments, despite the controversies between the madhāhib, tend to be rigid, emphasizing the immutable character of the criminal law norms found in the Sharīʻah, the periodic calls among contemporary thinkers for the implementation of ḥadd are, it is suggested, largely driven by political agendas.
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Wunder, Thomas. "Recognition, Enforcement, and Execution of arbitral awards under the ICSID convention : The debate and problems in the differentiation between execution and enforcement regarding questions of sovereign immunity." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-411833.

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This thesis analyses the conundrum at the intersection of (i) recognition, (ii) enforcement, and (iii) execution of investment treaty arbitral awards pursuant to the ICSID convention. Orienting between recognition, enforcement, and execution  has recently stirred quite some debate. This culminates in the question of, on the one hand, whether it is necessary to differentiate between “enforcement” and “execution” in light of the plea of  sovereign immunity, and how to do so, on the other hand. In this context, the concept of sovereign immunity in general and as a potential objection within the ICSID enforcement proceedings will be analysed in particular. This thesis does so by analysing scholarly work, the ICSID history and as a result of municipal case law vis-à-vis sovereign immunity and ICSID enforcement. A particular emphasis will be put on statutory interpretations, for example on ICSID enforcement regime and its terminology. In this light, a terminological analysis of language is instrumental given that the ICSID convention has three original languages.
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Guthrie, Denise. "Law, empire, and the bodies of women : 'civilization' and the retreat from public punishments in England, 1750-1870." Thesis, University of Essex, 2010. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.510997.

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Books on the topic "Law of the execution of the punishments"

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Dow, David R. The autobiography of an execution. New York: Twelve, 2010.

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The autobiography of an execution. New York: Twelve, 2010.

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Dow, David R. The autobiography of an execution. Waterville, Me: Thorndike Press, 2010.

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Dow, David R. The autobiography of an execution. New York: Twelve, 2011.

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Romanov, Aleksandr. Penal law of the Russian Federation: General and Special parts. ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/925785.

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The focus is on the subject and objectives of penal law of the Russian Federation, its sources and methods, types of penal norms, history and types of penal systems, the provisions of the Criminal Executive code of the Russian Federation, other penal laws and normative legal acts on the activities of bodies in charge of execution of punishments, exercising control and supervision over conditionally sentenced persons and persons with a suspended sentence. The characteristic of organization and activity of criminal-Executive system of the Russian Federation, highlights the issues of its reforms. Detail the issues of legal status of convicts established the order and conditions of execution and serving sentences, the use of other measures of criminal-legal nature, means of correction of convicts, providing medical care to prisoners, the performance requirements for the serving of sentences, organisation of support of liberated and control over them. Meets the requirements of Federal state educational standards of higher education of the last generation. For students of law faculties of educational institutions of higher education, enrolled in the academic programs of bachelor, specialist, master and post-graduate students, teachers, practical workers of law enforcement bodies and all those interested in issues of corrections, legal status of prisoners, the penal laws and the application of other measures of criminal-legal nature.
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Zakon o izvršenju krivičnih sankcija =: Law on Execution of Penal Sanctions. Beograd: "Službeni glasnik", 1998.

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Stay of execution: Saving the death penalty from itself. Lanham: Rowman & LittleField Publishers, 2010.

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Sarat, Austin. Mercy on trial: What it means to stop an execution. Princeton, N.J: Princeton University Press, 2005.

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Walker, Thomas G. Eligible for execution: The story of the Daryl Atkins case. Washington, D.C: CQ Press, 2008.

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T̤āhirulqādrī, Muḥammad. Classification of Islamic punishments. 3rd ed. Lahore: Minhaj-Ul-Quran Publications, 1999.

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Book chapters on the topic "Law of the execution of the punishments"

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Huemer, Michael. "Unjust Punishments." In Justice before the Law, 143–68. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-67543-1_6.

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Dukore, Bernard F. "The Malleability of the Law." In Crimes and Punishments and Bernard Shaw, 53–68. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-62746-5_5.

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Dukore, Bernard F. "The Law and the Innocent." In Crimes and Punishments and Bernard Shaw, 69–80. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-62746-5_6.

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Rodríguez Puerto, Manuel. "Liberties, Rights and Punishments in Modern Natural Law." In Ius Gentium: Comparative Perspectives on Law and Justice, 45–65. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-64163-4_3.

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Parkin, Jon. "Probability, Punishments and Property: Richard Cumberland’s Sceptical Science of Sovereignty." In Natural Law and Civil Sovereignty, 76–90. London: Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1057/9781403919533_6.

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Shen, Ronghua, and Sheng Cao. "Law-Based Government: Normalize Power Execution." In The Great Transformation of China, 261–79. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-32-9491-2_9.

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Mezei, Péter. "‘Not Twice for the Same’: Double Jeopardy Protections Against Multiple Punishments." In Ius Gentium: Comparative Perspectives on Law and Justice, 197–219. Cham: Springer International Publishing, 2013. http://dx.doi.org/10.1007/978-3-319-01216-2_9.

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Billings, Peter. "Governing Felonious Foreigners Through Crimmigration Controls in Australia: Administering Additional Punishments?" In Ius Gentium: Comparative Perspectives on Law and Justice, 43–68. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-43732-9_3.

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Blinderman, Eric H. "The Execution of Saddam Hussein — A Legal Analysis." In Yearbook of International Humanitarian Law 2006, 153–79. The Hague: T.M.C. Asser Press, 2008. http://dx.doi.org/10.1007/978-90-6704-755-5_6.

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Winch, Phoebe D. "State Immunity and the Execution of Investment Arbitration Awards." In Public Actors in International Investment Law, 57–77. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-58916-5_4.

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AbstractThe doctrine of state immunity occupies a fundamental place in international law. The application of the doctrine, largely left to the national laws of states, is not consistent. One particular area of inconsistency is the treatment of the plea of state immunity from execution of arbitral awards resulting from investor-state disputes. The issue of state immunity from execution has come to the fore in light of a number of recent attempts by award-creditors to attach their awards against the assets of a foreign state located in jurisdictions considered to be “pro-enforcement”, such as France and Belgium. This chapter considers the plea of state immunity and the execution of investment arbitration awards from the perspective of the forum state. In particular, it addresses the introduction of procedural and substantive amendments to French and Belgian laws on state immunity following these attempts by award-creditors to seize foreign state assets located in their respective jurisdictions. The chapter posits a way forward for investors seeking to navigate the landscape governing state immunity from execution.
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Conference papers on the topic "Law of the execution of the punishments"

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Ходжалиев, Салех Айсаевич. "RESTRICTION OF FREEDOM: THEORETICAL ISSUES OF EXECUTION OF PUNISHMENT IN THE FORM OF RESTRICTION OF FREEDOM UNDER THE CRIMINAL LAW OF THE RUSSIAN FEDERATION." In Высокие технологии и инновации в науке: сборник избранных статей Международной научной конференции (Санкт-Петербург, Ноябрь 2020). Crossref, 2020. http://dx.doi.org/10.37539/vt188.2020.94.97.012.

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В статье рассматривается вопрос изучения проблем института исполнения наказания в виде ограничения свободы. Разработка рекомендаций по совершенствованию нормативного регулирования правовых отношений, возникающих в ходе юрисдикционной деятельности уголовно-исполнительной системы. The article discusses the issue of studying the problems of the institution of the execution of punishment in the form of restriction of freedom. Development of recommendations for improving the normative regulation of legal relations arising in the course of the jurisdictional activities of the penal system.
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Ходжалиев, Салех Айсаевич. "SOME FEATURES OF THE EXECUTION OF PUNISHMENT IN THE FORM OF RESTRICTION OF FREEDOM BY CRIMINAL EXECUTIVE INSPECTIONS (ON THE EXAMPLE OF THE CHECHEN REPUBLIC)." In Высокие технологии и инновации в науке: сборник избранных статей Международной научной конференции (Санкт-Петербург, Ноябрь 2020). Crossref, 2020. http://dx.doi.org/10.37539/vt188.2020.68.98.011.

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В статье рассматриваются некоторые проблемы и спорные моменты, возникающие в деятельности уголовно-исполнительных инспекций при исполнении наказания в виде ограничения свободы с учетом региональной специфики Чеченской Республики. Среди проблем автор выделяет отсутствие доверия и пониженную активность взаимодействия граждан с правоохранительными органами, что приводит к значительному повышению уровня преступности в регионе. В статье также рассматриваются такие спорные моменты, как запрет на уход из дома в определенное время суток, запрет на посещение определенных мест и мероприятий, необходимость регистрироваться в УИИ от трех раз в месяц и др. Отмечается общее несовершенство системы надзора за лицами, осужденными к ограничению свободы, и аргументируется необходимость ее дальнейшего реформирования. The article examines some of the problems and controversial issues that arise in the activities of criminal executive inspectorates during the execution of punishment in the form of restriction of freedom, taking into account the regional specifics of the Chechen Republic. Among the problems, the author highlights the lack of trust and the reduced activity of interaction between citizens and law enforcement agencies, which leads to a significant increase in the level of crime in the region. The article also discusses such controversial issues as a ban on leaving home at a certain time of the day, a ban on visiting certain places and events, the need to register with the penitentiary institution three times a month, etc. The general imperfection of the system of supervision over persons sentenced to restriction freedom, and the need for its further reform is argued.
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Идрисов, Хусейн Вахаевич. "ON THE CONCEPT OF FIQH AND RESPONSIBILITY IN THE SYSTEM OF MUSLIM LAW." In Высокие технологии и инновации в науке: сборник избранных статей Международной научной конференции (Санкт-Петербург, Март 2021). Crossref, 2021. http://dx.doi.org/10.37539/vt190.2021.79.17.011.

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Статья посвящена правовой характеристике фикха и ответственности в мусульманской системе права. Перечислены этапы возникновения и развития фикха. В статье выявляется трехуровневая система наказаний по мусульманскому праву, элементами которой являются такие виды наказаний как: «худуд», «кисас» и «тазир». В заключении работы формулируется вывод о том, что фикх представляет из себя совокупность теоретических знаний об исламской вере и ее практических положений правоприменения (Шариат) на основе норм главных источников мусульманской системы права - Священного Корана и Сунны Пророка Мухаммада (да благословит его Аллах и приветствует). The article is devoted to the legal characteristics of fiqh and responsibility in the Muslim legal system. The stages of the origin and development of fiqh are listed. The article reveals a three-level system of punishments under Muslim law, the elements of which are such types of punishments as: "Hudud", "qisas" and "tazir". In conclusion, the article concludes that fiqh is characterized as a set of theoretical knowledge about the Islamic faith and its practical provisions of law enforcement (Sharia) based on the norms of the main sources of the Muslim legal system - the Holy Qur'an and the Sunnah of the Prophet Muhammad (peace and blessings of Allaah be upon him).
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Turanjanin, Veljko. "UNFORESEEABILITY AND ABUSE OF CRIMINAL LAW DURING THE COVID-19 PANDEMIC IN SERBIA." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18305.

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The author deals with the problem of criminal measures and sanctions in the legislation of the Republic of Serbia during the Covid-19 pandemic. The executive branch of the government declared a state of emergency in the Republic of Serbia in March 2020. At the same time the so-called Crisis Headquarter was established with the authority to impose measures of criminal-legal nature. During the two-month state of emergency, through the Crisis Headquarter, the executive branch of the government was changing criminal laws and sanctions at an almost daily basis. It is debatable whether such laws meet the rule of law and the European Court of Human Rights standards. Many citizens failed to adapt their behavior to the imposed measures. On the one hand, the courts have fallen into the trap of double punishment, both for a crime and for a misdemeanor. On the other hand, justifications of the courts’ decisions are also questionable, especially those containing references to statements made by members of the crisis team through the media. Furthermore, the Constitutional Court didn’t rule on any of the numerous requests for constitutional review, but in September it came out with the view that since the state of emergency was over, its decision was unnecessary. The paper is comprised of several units. In the first place, the author explains the process of legal changes by analyzing all the laws and rules that were passed by the end of 2020, as well as data related to the punishment of residents whose behavior was not in accordance with existing legal solutions. Bearing in mind the standards of the rule of law and the European Court of Human Rights, the author then explains that the measures implemented by the Serbian authorities do not meet the basic required criteria, primarily the foreseeability of the law, as well as that the laws were abused for the purpose of the election campaign. The special attention is paid to curfews and the complete ban on leaving homes for senior citizens well as ban of contacting with the family members, and then the lockdown of the rest of the population. The actions taken by the authorities during the epidemic resulted in violation of human rights of their citizens, and experience shows that the only court that citizens will be able to turn to will be the European Court of Human Rights. The author believes that with this understanding of the law and respect for its own citizens, the European Union can only be a distant idea.
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Qu, Yu, Qinghua Zheng, Ting Liu, Jian Li, and Xiaohong Guan. "In-depth measurement and analysis on densification power law of software execution." In the 5th International Workshop. New York, New York, USA: ACM Press, 2014. http://dx.doi.org/10.1145/2593868.2593878.

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Rusdiana, Erma, and Mayang Puspitasari Rohimanto. "The Problem of Chemical Castration Criminal Sanction Execution in Law Certainty Perspective." In 3rd International Conference on Social Sciences (ICSS 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201014.151.

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Ficova, Svetlana. "EXECUTION LIEN IN CASE LAW OF THE CONSTITUTIONAL COURT OF THE SLOVAK REPUBLIC." In 4th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2017. Stef92 Technology, 2017. http://dx.doi.org/10.5593/sgemsocial2017/12/s02.060.

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Martignano, Maurizio, Mikael Wolff, Uwe Brauer, Frank Plassmeier, and Paul Kiernan. "Automated execution of crew procedures and Combina..." In 56th International Astronautical Congress of the International Astronautical Federation, the International Academy of Astronautics, and the International Institute of Space Law. Reston, Virigina: American Institute of Aeronautics and Astronautics, 2005. http://dx.doi.org/10.2514/6.iac-05-b4.2.03.

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Rumadan, Ismail. "Implementation Process and Execution Factor of Arbitration Decision in Indonesia." In Proceedings of the International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/icblt-18.2018.39.

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Pakpahan, Makmur, and Setia Putra. "The Political Reconstruction of Legal Completion Decision Execution Through Strengthening of Supervision Functions Strategy in a Supreme Court." In Riau Annual Meeting on Law and Social Sciences (RAMLAS 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200529.292.

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Reports on the topic "Law of the execution of the punishments"

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Ayala, David, Ashley Graves, Colton Lauer, Henrik Strand, Chad Taylor, Kyle Weldon, and Ryan Wood. Flooding Events Post Hurricane Harvey: Potential Liability for Dam and Reservoir Operators and Recommendations Moving Forward. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, September 2018. http://dx.doi.org/10.37419/eenrs.floodingpostharvey.

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When Hurricane Harvey hit the Texas coast as a category 4 hurricane on August 25, 2017, it resulted in $125 billion in damage, rivaling only Hurricane Katrina in the amount of damage caused. It also resulted in the deaths of 88 people and destroyed or damaged 135,000 homes. Much of that devastation was the result of flooding. The storm dumped over 27 trillion gallons of rain over Texas in a matter of days. Some parts of Houston received over 50 inches of rainfall. The potential liability that dam and reservoir operators may face for decisions they make during storm and flooding events has now become a major concern for Texas citizens and its elected officials. Law suits have now been instituted against the federal government for its operation of two flood control reservoirs, as well as against the San Jacinto River Authority for its operation of a water supply reservoir. Moreover, the issues and concerns have been placed on the agenda of a number of committees preparing for the 2019 Texas legislative session. This report reviews current dam and reservoir operations in Texas and examines the potential liability that such operators may face for actions and decisions taken in response to storm and flooding events. In Section III, the report reviews dam gate operations and differentiates between water supply reservoirs and flood control reservoirs. It also considers pre-release options and explains why such actions are disfavored and not recommended. In Section IV, the report evaluates liabilities and defenses applicable to dam and reservoir operators. It explains how governmental immunity can limit the exposure of state and federally-run facilities to claims seeking monetary damages. It also discusses how such entities could be subject to claims of inverse condemnation, which generally are not subject to governmental immunity, under Texas law as well as under the Fifth Amendment to the U.S. Constitution. In addition, the Section discusses negligence and nuisance claims and concludes that plaintiffs asserting either or both of these claims will have difficulty presenting successful arguments for flooding-related damage and harm against operators who act reasonably in the face of storm-related precipitation. Finally, Section V offers recommendations that dam and reservoir operators might pursue in order to engage and educate the public and thereby reduce the potential for disputes and litigation. Specifically, the report highlights the need for expanded community outreach efforts to engage with municipalities, private land owners, and the business community in flood-prone neighborhoods both below and above a dam. It also recommends implementation of proactive flood notification procedures as a way of reaching and alerting as many people as possible of potential and imminent flooding events. Finally, the report proposes implementation of a dispute prevention and minimization mechanism and offers recommendations for the design and execution of such a program.
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