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Criminal code

February 16, 2024

This article is about law enforcement procedures. For the 1931 film, see The Criminal Code. For the Italian criminal code of honor, see Omertà.
"Penal code" redirects here. For the 1932 film, see The Penal Code.

A criminal code (or penal code) is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might be imposed for these offences, and some general provisions (such as definitions and prohibitions on retroactive prosecution).[1]

Criminal codes are relatively common in civil law jurisdictions, which tend to build legal systems around codes and principles which are relatively abstract and apply them on a case-by-case basis. Conversely they are not as common in common law jurisdictions.

The proposed introduction of a criminal code in England and Wales was a significant project of the Law Commission from 1968 to 2008. Due to the strong tradition of legal precedent in the jurisdiction and consequently the large number of binding legal judgements and ambiguous 'common law offences', as well as the often inconsistent nature of English law,[citation needed] the creation of a satisfactory code became very difficult. The project was officially abandoned in 2008 although as of 2009 it has been revived.[2]

A statutory Criminal Law Codification Advisory Committee for Irish criminal law met from 2007 to 2010 and its Draft Criminal Code and Commentary was published in 2011.[3][4]

In the United States, a Model Penal Code exists which is not itself law but which provides the basis for the criminal law of many states. Individual states often choose to make use of criminal codes which are often based, to a varying extent, on the model code.[5] Title 18 of the United States Code is the criminal code for federal crimes.[6] However, Title 18 does not contain many of the general provisions concerning criminal law that are found in the criminal codes of many so-called "civil law" countries.

Criminal codes are generally supported for their introduction of consistency to legal systems and for making the criminal law more accessible to laypeople.[7] A code may help avoid a chilling effect where legislation and case law appears to be either inaccessible or beyond comprehension to non-lawyers. Alternatively critics have argued that codes are too rigid and that they fail to provide enough flexibility for the law to be effective.[citation needed]

Jurisdictions of many countries, such as Algeria, Argentina, Australia, Austria, Brazil, Canada, Chile, China, Denmark, Egypt, Finland, France, Germany, India, Iran, Israel, Italy, Japan, South Korea, Mexico, the Netherlands, Norway, Pakistan, Poland, Russia, Saudi Arabia, South Africa, Spain, Switzerland, Thailand, Turkey, Ukraine, the United Kingdom and the United States, use different penal codes.[citation needed]

By country edit

See also edit

References edit

  1. ^ (PDF). LegiFrance (Eng translation). Archived from the original (PDF) on 2011-07-04.
  2. ^ "Newsletter" (PDF). Law Commission. Archived from the original (PDF) on 2009-04-16.
  3. ^ "Minister Shatter publishes draft Criminal Code prepared by the Criminal Law Codification Advisory Committee" (Press release). Department of Justice and Equality. 23 June 2011. Retrieved 27 October 2018.
  4. ^ Criminal Law Codification Advisory Committee (31 May 2010). "Draft Criminal Code and Commentary" (PDF). Dublin: Department of Justice and Equality. Retrieved 27 October 2018.
  5. ^ Robinson, Paul. (PDF). Archived from the original on 2016-03-04.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  6. ^ "United States Code (Title 18)". GPO.
  7. ^ . Archived from the original on 2007-07-24.
  8. ^ Desk, DH Web. "Bills to replace criminal codes enacted into law as President Murmu gives nod". Deccan Herald. Retrieved 2024-01-16.
  9. ^ "Vietnamese Penal Code 1999 - full text in English". vbpl.vn. Retrieved 5 January 2022.

February 16, 2024
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This article is about law enforcement procedures For the 1931 film see The Criminal Code For the Italian criminal code of honor see Omerta Penal code redirects here For the 1932 film see The Penal Code This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages The examples and perspective in this article may not represent a worldwide view of the subject You may improve this article discuss the issue on the talk page or create a new article as appropriate September 2022 Learn how and when to remove this template message This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Criminal code news newspapers books scholar JSTOR December 2009 Learn how and when to remove this template message Learn how and when to remove this template message A criminal code or penal code is a document that compiles all or a significant amount of a particular jurisdiction s criminal law Typically a criminal code will contain offences that are recognised in the jurisdiction penalties that might be imposed for these offences and some general provisions such as definitions and prohibitions on retroactive prosecution 1 Criminal codes are relatively common in civil law jurisdictions which tend to build legal systems around codes and principles which are relatively abstract and apply them on a case by case basis Conversely they are not as common in common law jurisdictions The proposed introduction of a criminal code in England and Wales was a significant project of the Law Commission from 1968 to 2008 Due to the strong tradition of legal precedent in the jurisdiction and consequently the large number of binding legal judgements and ambiguous common law offences as well as the often inconsistent nature of English law citation needed the creation of a satisfactory code became very difficult The project was officially abandoned in 2008 although as of 2009 it has been revived 2 A statutory Criminal Law Codification Advisory Committee for Irish criminal law met from 2007 to 2010 and its Draft Criminal Code and Commentary was published in 2011 3 4 In the United States a Model Penal Code exists which is not itself law but which provides the basis for the criminal law of many states Individual states often choose to make use of criminal codes which are often based to a varying extent on the model code 5 Title 18 of the United States Code is the criminal code for federal crimes 6 However Title 18 does not contain many of the general provisions concerning criminal law that are found in the criminal codes of many so called civil law countries Criminal codes are generally supported for their introduction of consistency to legal systems and for making the criminal law more accessible to laypeople 7 A code may help avoid a chilling effect where legislation and case law appears to be either inaccessible or beyond comprehension to non lawyers Alternatively critics have argued that codes are too rigid and that they fail to provide enough flexibility for the law to be effective citation needed Jurisdictions of many countries such as Algeria Argentina Australia Austria Brazil Canada Chile China Denmark Egypt Finland France Germany India Iran Israel Italy Japan South Korea Mexico the Netherlands Norway Pakistan Poland Russia Saudi Arabia South Africa Spain Switzerland Thailand Turkey Ukraine the United Kingdom and the United States use different penal codes citation needed By country editThis list is incomplete you can help by adding missing items September 2022 nbsp Criminal Code of Algeria nbsp Penal Code of Argentina nbsp Australian criminal codes nbsp Criminal Code of Austria nbsp Criminal Code of Belarus nbsp Penal Code of Brazil nbsp British Virgin Islands Criminal Code nbsp Criminal Code Canada nbsp Criminal Code of Chile nbsp Criminal Law of the People s Republic of China zh nbsp Criminal Code of the Czech Republic 2009 nbsp Danish Penal Code Denmark nbsp Egyptian Penal Code nbsp English Criminal Code a draft has existed since 1989 but though debated since 1818 has never been enacted citation needed nbsp Criminal Code of Finland nbsp French Penal Code nbsp German Criminal Code nbsp Hungarian Penal Code in English status of 18 August 2005 Operative Hungarian Penal Code nbsp General Penal Code Iceland nbsp Bharatiya Nyaya Sanhita Indian Justice Code 8 nbsp Indonesian Criminal Code Kitab Undang Undang Hukum Pidana Kitab Undang Undang Hukum Acara Pidana nbsp Israeli Penal Law 5737 1977 nbsp Iranian Criminal Code nbsp Iraqi Penal Code nbsp Italian Penal Code nbsp Penal Code of Japan nbsp Penal Code of Macau nbsp Penal Code Malaysia enacted in 1936 nbsp Maldives Penal Code enacted in 1968 Revised on 16 July 2015 nbsp Criminal Code of Malta enacted in 1854 nbsp Mexican Penal Code enacted on August 14 1931 nbsp Myanmar Penal Code enacted on 1 May 1861 nbsp General Code of Nepal nbsp Penal Code of the Netherlands Wetboek van Strafrecht nbsp New Zealand Crimes Act 1961 nbsp Nigerian Criminal Code nbsp Norwegian Criminal Code nbsp Pakistan Penal Code nbsp Revised Penal Code of the Philippines nbsp Polish Penal Code nbsp Penal Code of Portugal nbsp Penal Code of Romania nbsp Criminal Code of Russia nbsp Criminal Code of Saudi Arabia nbsp Penal Code of South Korea nbsp Penal Code of Sri Lanka nbsp Penal Code of Singapore nbsp Penal Code of South Africa nbsp Spanish Criminal Code enacted for the first time in 1822 Current version dates back to 1995 nbsp Swiss Criminal Code nbsp Syrian Penal Code nbsp Criminal Code of Thailand nbsp Turkish Penal Code also see its articles 301 and 312 nbsp Criminal Code of Ukraine nbsp Title 18 of the United States Code nbsp Model Penal Code by the American Law Institute nbsp List of U S state statutory codes nbsp Vietnamese Penal Code first enacted in 1985 9 See also editCodification Civil codeReferences edit French Penal Code ToC PDF LegiFrance Eng translation Archived from the original PDF on 2011 07 04 Newsletter PDF Law Commission Archived from the original PDF on 2009 04 16 Minister Shatter publishes draft Criminal Code prepared by the Criminal Law Codification Advisory Committee Press release Department of Justice and Equality 23 June 2011 Retrieved 27 October 2018 Criminal Law Codification Advisory Committee 31 May 2010 Draft Criminal Code and Commentary PDF Dublin Department of Justice and Equality Retrieved 27 October 2018 Robinson Paul Introduction to the Model Penal Code PDF Archived from the original on 2016 03 04 a href Template Cite web html title Template Cite web cite web a CS1 maint bot original URL status unknown link United States Code Title 18 GPO Law Commission Archived from the original on 2007 07 24 Desk DH Web Bills to replace criminal codes enacted into law as President Murmu gives nod Deccan Herald Retrieved 2024 01 16 Vietnamese Penal Code 1999 full text in English vbpl vn Retrieved 5 January 2022 Portal nbsp Law Retrieved from https en wikipedia org w index php title Criminal code amp oldid 1203570066, wikipedia, wiki, book, books, library,

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