Prosecutors, judges and sentencing disparities: Evidence from traffic offenses in France

Melcarne, Alessandro; Monnery, Benjamin; Wolff, François‐Charles

doi:10.1016/j.irle.2022.106077

Cited by 3 publications

(2 citation statements)

References 47 publications

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“…Based on this objective, the prosecutor may decide to terminate the prosecution. 60 The restorative justice house is an essential tool for achieving justice in society, particularly for resolving ordinary theft cases through restorative justice methods. The restorative justice represents the embodiment of Prosecutor's Regulations Number 15 of 2020 on Discontinuation of Prosecution Based on Restorative Justice.…”

Section: South Lampung District Attorneymentioning

confidence: 99%

Reflections on the Dismissal of Theft Charges Through Prosecutor's Restorative Justice House in Lampung

Kusworo,

Abdulkadir,

Fauzi

2023

JMH

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The existence of restorative justice certainly brings a new paradigm in the settlement of criminal cases by seeking to resolve cases solely outside of court. The implementation of restorative justice-based prosecution termination can be applied to theft, which has the highest number of cases in Indonesia. This is because the Covid-19 pandemic created a moral crisis that led to a drastic increase in theft crimes in Indonesia, disrupting economic stability. Recently, restorative justice houses have been established in each jurisdiction of the prosecutor's office to optimize the resolution of legal problems by filtering cases that go to court, disseminating law to local residents, and involving local traditional leaders to develop local wisdom and emphasize consensus deliberation. The research approach used a normative juridical method, referencing laws and regulations sourced from primary data and literature studies on criminal law in Indonesia, which were then processed to draw specific conclusions. The study's results show that humanist restorative justice houses are an alternative for solving theft cases. The embodiment of restorative justice in a hybrid way within the prosecutor's office will establish it as a humane law enforcement agency in Lampung province.

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Section: South Lampung District Attorneymentioning

confidence: 99%

Reflections on the Dismissal of Theft Charges Through Prosecutor's Restorative Justice House in Lampung

Kusworo,

Abdulkadir,

Fauzi

2023

JMH

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“…Moreover, Organic Law no. 2020-365 on 30 March 2020 stipule only one article by regulating that the decisions concerning the transmission of constitutional priority question from the Cassation Court and the State Council to the Constitutional Council, as well as the final decisions regarding the constitutional priority question by the Constitutional Council are suspended until 30 June 2020 (Melcarne et al, 2022).…”

mentioning

confidence: 99%

Legal Policy on the Protection of the Right to Health During the Covid-19 Pandemic in France

Savitri

2022

BESTUUR

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<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">France has regulated the health system in great detail in some laws and regulations, but these regulations are insufficient to face the pandemic of Covid-19. This study aims to describe and analyze legal policies to protect health rights during the COVID-19 pandemic in France. It employs a normative legal research method with data sources such as the Declaration of human and citizen’s rights of 1789, the French Constitution of 1958, and laws and decisions of the French Constitutional Council. Since the Covid-19 pandemic erupted, French legislators have implemented adequate measures to prevent its spread.. The study results indicate that since the Covid-19 pandemic spread, French legislators have implemented adequate measures to prevent the spread of the virus through the appointment of the French Constitutional Council as the protector and guarantor of the fundamental rights of citizens through a system of judicial review. The control of proportionality in the system of judicial review is essential to strike a balance between the public interest of society and the rights of individuals to implement the adaptations necessary to protect public health, particularly during the Covid-19 pandemic.</p></td></tr></tbody></table></div>

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Features of criminal liability for offences against road safety and transport operation

Merkulova,

Konopelskyi,

Chekmaryova

et al. 2024

SLS

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The relevance of this study was conditioned by to the need to investigate and comparatively analyse international legislation on criminal liability for violations of road safety, since this issue is one of the key problems of law and order in Ukraine. Comparison of the approaches of different countries allows examining possible areas of improvement for Ukrainian criminal legislation considering the elevated fatality and injury rates on the roads. The purpose of this study was to identify the specific features of criminal liability for encroachments on road safety and operation of transport in the laws of such countries as Georgia, the Republic of Moldova, Lithuania, Poland, Spain, France, and Turkey. The methodology of the study included a comparative legal analysis of the criminal codes of these countries, considering the systematisation and structure of the rules relating to traffic offences. It was found that most countries use a two-tiered system of codification of criminal offences, with general provisions covering public safety issues and separate chapters dedicated to road safety. The study found that in some countries, such as Lithuania and Moldova, criminal liability for negligent acts is stricter than in Ukraine. The analysis showed that intentional acts that do not lead to real consequences but pose a potential threat, as is the case in Spain and Poland, are also criminalised. It was concluded that foreign legislation tends to impose harsher penalties for violations that pose a risk of grave consequences for life and health. The practical value of this study lies in the possibility of using its findings to improve Ukrainian criminal legislation, specifically, to increase liability for violations of traffic rules and operation of transport, which will help reduce road accidents and increase the level of law and order in the country

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Prosecutors, judges and sentencing disparities: Evidence from traffic offenses in France

Cited by 3 publications

References 47 publications

Reflections on the Dismissal of Theft Charges Through Prosecutor's Restorative Justice House in Lampung

Reflections on the Dismissal of Theft Charges Through Prosecutor's Restorative Justice House in Lampung

Legal Policy on the Protection of the Right to Health During the Covid-19 Pandemic in France

Features of criminal liability for offences against road safety and transport operation

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