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NCJRS Abstract

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NCJ Number: 89362 Find in a Library
Title: New Aspects of the Earlier Application of More Lenient Criminal Laws
Journal: Revue Internationale De Criminologie et de Police Technique  Volume:35  Issue:2  Dated:(April-June 1982)  Pages:165-184
Author(s): J Le Calvez
Date Published: 1982
Page Count: 20
Format: Article
Language: French
Country: Switzerland
Annotation: The French Parliament is in the process of nullifying certain provisions of the law on security and freedom of February 2, 1981, and of modifying several of its other provisions.
Abstract: The Constitutional Council has invoked Article 8 of the 1789 Declaration of Human Rights and Citizen Rights, which stipulates that the law shall establish only those penalties that are strictly and obviously necessary. Accordingly, the parliament has given criminal law a new dimension by denying legislators the right to enact more stringent temporary provisions when a more lenient criminal statute exists. The parliament also will be meeting to discuss whether judges should also be denied the right to enact these harsher temporary penalties. The practical and philosophical bases of the provisions of the 1981 law concerning the establishment of penalties are discussed, and justifications for the proposed modifications are examined. Footnotes are supplied.
Index Term(s): France; Law reform
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