Criminal Legislation

Criminal Legislation


the totality of legal norms that establish the principles and limits of criminal responsibility, define the actions recognized as crimes, and specify types and measures of punishment. In the USSR criminal legislation is designed to protect the Soviet social and state structure, socialist property, the rights of citizens, and all socialist law and order from criminal infringement. Soviet criminal legislation includes all-Union and republic criminal laws. The most important of the all-Union laws are the Basic Principles of Criminal Legislation of the USSR and the Union Republics, the Law on Criminal Responsibility for Crimes Against the State, and the Law on Criminal Responsibility for Military Crimes, all of which were adopted on Dec. 25,1958.

The Basic Principles of Criminal Legislation establish general principles and the most important provisions of the general part of Soviet criminal law: the tasks of criminal legislation, the grounds for and limits of criminal responsibility, the formal definition of crime, the forms of guilt, the concept of justifiable defense, preparation for a crime, attempt, and complicity, as well as the purposes and types of punishment and the principles and procedure for the imposition of punishment. Observance of these principles and provisions is obligatory in the adoption and application of all all-Union and republic criminal laws.

Republic criminal legislation is based on the Basic Principles of Criminal Legislation and on other all-Union criminal legislation. In each Union republic, the criminal codes adopted include all-Union or republic laws that clarify and supplement the codes, for example, Articles 93–1 and 224–1 of the Criminal Code of the RSFSR.

In bourgeois states, criminal legislation is designed to protect the principles of capitalism and, primarily, of private property, the exploitation of man by man, and bourgeois law and order. Criminal codes are in effect in the majority of such states, for instance, the federal and state codes in the USA and the Code of 1810 in France. Criminal legislation in Great Britain is not codified; it consists of legislative acts on separate types of crimes, and the general part of criminal law is regulated on the basis of judicial precedents, many of which date from the age of feudalism.

References in periodicals archive ?
The main shortcomings identified by the report are insufficient harmonization of criminal legislation, inadequate capacity of prosecutors in drafting indictments and in gathering evidence as well inconsistencies in the interpretation of the law by courts.
In a positive departure from previous criminal legislation that differentiated between public and private funds, the restitution provisions of this law abolished the distinctions, and provides for real deterrent for those who commit fraud and refuse to return the proceeds of their crimes.
The abolition of death penalty from January 1, 2008, became the most important step in the liberalization of criminal legislation.
Outdated criminal legislation that blocks the work of the prosecution" is chosen by 19%.
GRECO had recommended that firm measures be taken in order to ensure that the provisions concerning the criminalisation of corruption are applied in practice; to make these provisions accessible as part of the criminal legislation and, for the sake of legal certainty, create a uniform legal framework for the criminalisation and sanctioning of corruption offences in accordance with the Criminal Law Convention on Corruption and its Additional Protocol, notably by amending and/or abolishing current legislation.
The aim of the research is to analyze Russian criminal legislation in the field of sexually transmitted diseases prevention to determine the level of its efficiency.
A non incrimination in the criminal legislation combined with administrative sanctions will not be enough to control this social phenomenon.
Numerous nations throughout Europe have hate crimes legislation, something that has come very slowly and piecemeal to the United States (given our federal system where criminal legislation is largely a matter of state law).
The Court held that the law infringed upon the federal power to make criminal legislation, and that the provincially-enacted legislation was therefore invalid.
Such norms are present both in the criminal legislation, and also in the commercial one.
Since the aim of the draft Criminal Code is humanization of criminal legislation, the Article 430 excludes some parts.
For example, the traditional judicial definition of criminal legislation --a law that contains "prohibitions backed by penalties," directed at "some evil or injurious or undesirable effect" and intended to achieve a legitimate "criminal" purpose (which includes, in Justice Rand's oft-cited phrasing, "public peace, order, security, health, morality") (Margarine Reference 1949: 50)--is potentially limitless (Manning 2002; Assisted Human Reproduction Reference 2010: paras 43, 240).