Model Codes for Post-conflict Criminal Justice, Том 1

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Vivienne M. O'Connor, Colette Rausch, Hans-Jörg Albrecht, Goran Klemenčič
US Institute of Peace Press, 2007 - Всего страниц: 472
Of unparalleled breadth, depth, and authority, the Model Codes for Post-Conflict Criminal Justice is a criminal law reform tool tailored to the needs of countries emerging from conflict. Its three volumes present four complete legal codes that national and international actors can use to create, overhaul, update, or plug gaps in the criminal laws in individual post-conflict states. Each volume offers not only substantive legal provisions but also expert commentary that explains wording choices, elaborates on the content of the provisions, and highlights associated considerations and reforms.

This volume, the first to be published (the second and third volumes will appear in spring 2008 and spring 2009), opens with a User's Guide that explains the development, purpose, and content of the book, and then lays out a comprehensive Model Criminal Code. The code is divided into two parts: a "General Part" that contains general principles of criminal law and penalties, and a "Special Part" that presents a catalog of criminal offenses, including those such as sexual offenses, organized crime, and corruption that are particularly common or destabilizing in post-conflict environments.

The Model Codes for Post-Conflict Criminal Justice is the culmination of a six-year project spearheaded by the United States Institute of Peace and the Irish Centre for Human Rights, in collaboration with the UN Office of the High Commissioner for Human Rights and the UN Office on Drugs and Crime. More than two hundred experts and practitioners from across the world were involved in the drafting, vetting, and revision of the provisions and their commentaries. This enormous breadth of expertise has allowed the Model Codes to draw on lessons learned in a variety of post-conflict states and from the laws of a remarkable variety of the world's legal systems and traditions. The result is an indispensable resource for those striving to reestablish the rule of law in societies recently wracked by violent conflict.
--Each copy of this volume contains a CD of the complete text.

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Содержание

Foreword by Louise Arbour and Antonio Maria Costa
xv
Acknowledgments
xxi
Introduction
1
Potential Uses of the Model Codes in a Criminal Law Reform Process
9
A Synopsis of the Model Criminal Code
17
Guiding Principles for the Criminal Law Reform Process
23
Definitions
31
Jurisdiction
42
Possessing False Instruments
281
Arson
282
Reckless Burning or Exploding
283
Criminal Damage
284
Economic Offenses
286
Money Laundering
288
Organized Crime Offenses
293
Offenses Related to the Smuggling of Migrants
297

Ne Bis in Idem
51
Time and Place of Commission of
61
Criminal Responsibility of Legal Persons
72
Justification
78
Criminal Attempt
87
Penalties
98
Fundamental Principle
104
Procedure for Determination of Penalties
116
Reduction of the Minimum Period of Imprisonment for Attempted Offenses
127
Determination of the Appropriateness of a Fine as a Principal Penalty
129
Determination of the Appropriate Term of Imprisonment in Light of General Mitigating and Aggravating Circumstances
130
Determination of a Joint Penalty for Convictions on Two or More Criminal Offenses
136
Subsequent Imposition of a Penalty on a Convicted Person
138
Suspended Sentence as an Alternative Penalty
140
Community Service as an Alternative Penalty
142
Semiliberty as an Alternative Penalty
144
Supplementation of a Principal Penalty with Additional Penalties
145
Supplementation of an Alternative Penalty with Additional Penalties
146
Confiscation of Property Equipment or Other Instrumentalities Used in or Destined for Use in a Criminal Offense as an Additional Penalty
147
Payment of Compensation to a Victim as an Additional Penalty
149
Deprivation of the Right to Be Elected as an Additional Penalty
151
Deprivation of the Right to Possess or Carry Firearms as an Additional Penalty
152
Prohibition on Holding a Post as a Public Official as an Additional Penalty
154
Prohibition on the Exercise of Managerial or Supervisory Positions in Private Legal Entities as an Additional Penalty
155
Expulsion of a Nonnational as an Additional Penalty
156
Penalties for Legal Persons
158
Determination of Penalties for a Legal Person
159
and Property
162
Dispositions Applicable to Juveniles and Adults
170
Structure of Juvenile Dispositions
178
Principal Juvenile Dispositions
185
SPECIAL PART
193
Genocide Crimes against Humanity and War Crimes
195
Genocide
196
Crimes against Humanity
201
War Crimes
211
Offenses against Life and Limb
219
Assault
222
Assault Causing Harm
223
Threats to Kill or Cause Serious Harm
224
Sexual Offenses
226
Rape
227
Sexual Intercourse and Acts of a Sexual Nature with a Child below the Age of Consent to Sexual Relations
229
Violation of the Sexual Autonomy of a Defenseless Person
231
Sexual Slavery
232
Enforced Prostitution
233
Sexual Violence
234
Offenses against the Rights of Persons
236
Trafficking in Persons
238
Establishing Slavery Slaverylike Conditions and Forced Labor
243
Enforced Disappearance
244
Domestic Violence
246
Kidnapping
251
Unlawful Deprivation of Liberty
252
Criminal Coercion
253
Unauthorized Search of a Dwelling or Premises
254
Unauthorized Visual Recording
255
Violation of the Privacy and Confidentiality of Communications
257
Abuse of Personal Data
258
Abuse of Personal Secrets
259
Offenses against Children
261
Sale of Children
262
Child Prostitution
263
Child Pornography
264
Possession of Child Pornography
266
Property Offenses
268
Robbery and Aggravated Robbery
270
Extortion
272
Burglary
273
Aggravated Burglary
274
Bringing into the State Property Obtained through Crime
275
Fraud
276
Embezzlement of Property
277
Forgery
279
Using False Instruments
280
Corruption Offenses
304
Corruption Involving a Public Official
307
Corruption Involving a Foreign Public Official or an Official of a Public International Organization
309
Corruption in the Private Sector
311
CorruptionRelated Offenses and Other Offenses Involving a Public Official
314
Embezzlement Misappropriation or Other Diversion of Property by a Public Official
316
Abuse of Functions
317
Illicit Enrichment
318
Concealment
319
Threat and Improper Influence
320
Offenses against the State Public Safety and Security
321
Financing Terrorism
323
Terrorist Bombing
325
Unlawful Seizure of Aircraft
330
Unlawful Acts against the Safety of Civil Aviation
331
Unlawful Acts of Violence at an Airport Serving International Civil Aviation
333
Offenses against Internationally Protected Persons
334
Taking of Hostages
336
Offenses Related to Nuclear Material
338
Unlawful Acts against the Safety of Maritime Navigation
340
Unlawful Acts against the Safety of Fixed Platforms
342
Piracy
344
Bombing
345
Disruption of Supply of Public Installations
346
Destruction or Unauthorized Removal of Cultural Property
347
Incitement to Crime on Account of Hatred
350
Unauthorized Border and Boundary Crossing
352
Offenses against United Nations and Associated Personnel
353
Offenses Involving Firearms Ammunition Explosives and Weapons
357
Illicit Manufacturing or Trafficking in Firearms or Ammunition
359
Illicit Obliteration Removal or Altering of Markings on Firearms
361
Illicit Manufacturing or Trafficking in Explosives
363
Unlawful Purchase of Firearms Ammunition Explosives or Weapons
364
Unlawful Possession Control or Ownership of Firearms Ammunition Explosives or Weapons
366
Unlawful Use of Firearms
368
Drug Offenses
370
Trafficking in Narcotic Drugs and Psychotropic Substances
373
Possession or Purchase of Narcotic Drugs or Psychotropic Substances for the Purpose of Trafficking
376
Organizing Managing or Financing Trafficking in Narcotic Drugs or Psychotropic Substances
377
Cultivation of Opium Poppy Coca Bush or Cannabis Plant
378
Manufacture Transport or Distribution of Precursors
381
Manufacture Transport or Distribution of Equipment or Materials for Use in the Illicit Cultivation Production or Manufacture of Narcotic Drugs or Ps...
382
Possession or Purchase of Narcotic Drugs or Psychotropic Substances for Personal Use
383
Election Offenses
386
Violating the Free Decision of Voters
387
Abuse of the Right to Vote
388
Violating Confidentiality in Voting
389
Election Fraud
390
Threat to an Election Candidate
391
Cybercrime Offenses
392
Illegal Access to a Computer System
393
Illegal Interception of Computer Data
394
Interference with Computer Data
395
Interference with a Computer System
396
Misuse of Devices
397
Offenses against the Administration of Justice
399
Fabrication of Evidence
400
Presentation of False or Forged Evidence
401
Obstruction of Justice of a Witness
402
Obstruction of Justice of a Justice or Policing Official
404
Retaliation against a Witness
405
Failure to Respect an Order of the Court
406
Providing Assistance to Perpetrator after the Commission of a Criminal Offense
407
False Statements of a Cooperative Witness
408
Revealing the Sealed Order for Protective Measures or Anonymity
409
Annex 1
411
Annex 2
415
Annex 3
417
Further Reading and Resources Legal Instruments
421
Further Reading Relevant to the General Part of the Model Criminal Code
426
Further Reading Relevant to the Special Part of the Model Criminal Code
430
Criminal Law Reform Resources
441
Useful Web Sites
447
Index
453
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Vivienne O'Connor is the Rule of Law project officer at the Irish Centre for Human Rights and codirector of the Model Codes for Post-Conflict Criminal Justice Project. She lectures widely on international human rights law and criminal law and development.

Colette Rausch is deputy director of the United States Institute of Peace's Rule of Law Program and codirector of the Model Codes for Post-Conflict Criminal Justice Project. She directed the Department of Human Rights and the Rule of Law in the OSCE's mission in Kosovo, and worked for the U.S. Department of Justice as a federal prosecutor as well as on criminal justice projects throughout the Balkans.

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