3 research outputs found
The procedural immunity of the lawyer in the Jordanian Bar Association act
The legal profession is considered a valuable profession, and one of the mainstays of justice, the rule of law, the realization of the right and the protection of citizens' rights. It is a heavy duty and one of the professions that not anyone can master. It is a conflict between right and wrong, good and evil. Therefore, the profession of the lawyer is one of the hard professions, which is the search and investigation of evidence and collecting and submitting them to the competent court to be weighed and then the court issues its decision. In order for the lawyer to be free in the exercise of his profession, States must grant the lawyer, through legal texts, immunity inside and outside the sessions associated with his profession, in order to achieve justice. This study is devoted to the subject of procedural immunity of the lawyer, through the explanation of its legal provisions and their adequacy in Jordanian law using the comparative approach by comparing it with some Arabic laws
Legal Provisions for the Night Circumstance of the Crime of Theft
There is no doubt that theft[1] stands to be of the natural crimes for which no criminal law applicable at any state of the world has denied its criminalization. Further, theft has been punished not only in the current era but has been criminalized on all the old legislations for which it has been a punished crime in all the places and at all the times. In fact, the Jordanian legislator approached the provisions of the theft crime through the first chapter titled (Grabbing the Property of Others) in the eleventh section (the Crimes Committed on Properties) of the second part (Crimes) of the Penal Code No. 16, 1960 when articles 399-413 have been dedicated for the crime of theft.Actually, and by looking through the said provisions, we find that the Jordanian legislator has not designed one punishment for the crime of theft which differs according to the circumstances associated with the said crime. In fact, the circumstances that have an impact on the punishment of the theft crime and its severity perpetrating the crime at night while the circumstance of night has been stated in three locations: in the crime of article 400 of the Penal Code in which the night is considered of the circumstances provided by the legislator to apply the provision. Further, and in article 402 Penal, yet the night stands to be of the circumstances that stress the penalty of robbing at the public road. In addition, and in article 406, yet the circumstance of the night stands solely to be a cause for applying it by which the punishment of theft shall become sentencing to jail from one to three years.Actually, stressing the punishment of theft committed at night is not a new issue as the old laws (e.g. the Romanian Law) used to consider it as a stressed circumstance for the crime and that the penalty of the theft perpetrator committed at night may reach execution[2].In fact, this paper has been dedicated for stating at the legal provisions concerned with the night circumstance and its applications at the judiciary by stating at the definition of this circumstance, its impact, cause, nature and manner of proving it. [1] The Jordanian legislator defined the theft in article 399 of the Penal Code as being (taken the movable property of others coercively) [2] Subject matter considered: Dr. Fayez Mohammad Hussein, the Circumstances Affecting the Theft Punishment According to the Old legislations, Arab Renaissance House, Cairo, 2002, P. 170 and thereafter and P. 179 and thereafter
Unilateral Economic Sanctions
After the failure of the League of Nations in dealing with the Second World War, the United Nations was keen not to repeat the tragedies of war, targeting the maintenance of international peace and security, and using peaceful means to resolve international conflicts in accordance with the principles of justice and international law.In order to achieve its previous goals, this organization possessed a set of guarantees and penalties that its charter included. However, the United Nations was not the only organization that used these sanctions. Rather, countries resorted unilaterally to using these sanctions to achieve their goals and interests. As the second half of the twentieth century witnessed a great expansion in the countries ’resort to using unilateral economic sanctions, whether this expansion is related to the intensity and breadth of imposing such sanctions on the level of international relations or related to the multiplicity of their forms and levels, as well as the development of their tools and policies-The major countries, led by the United States of America, are not reluctant to use their enormous economic power and capabilities and to take the sanctions that they deem appropriate at a time when they find it appropriate as one of the means of pressure and extending hegemony against other countries, with the intent to compel the target country to comply with its orders and change its policy and attitudes in a manner that is compatible with the interests of the country imposing such countries. However, this violates the target country’s sovereignty, independence and principles of its economic life.Therefore, unilateral economic sanctions represent a clear violation of the principles of international law and its peremptory norms, especially those rules that prohibit members of the international community from resorting to force, or merely threatening to use it on the level of international mutual relations among them, as well as a violation of the rules that affirm the sovereignty of countries and the inadmissibility of intervention in their internal affairs or in the area reserved for those countries.Unilateral economic sanctions usually carry any character other than military ones, as they may include economic embargoes, economic boycotts, blockades and seizures of property, restricting the activity of foreigners with the nationals of the target country through measures and restricting the trade of the target country, as well as other similar measures. Such sanctions may amount to unilateral economic intervention. Keywords: Unilateral economic sanctions- economic embargoes- economic boycotts- blockade- seizure- unilateral intervention- international peace and security DOI: 10.7176/JLPG/94-16 Publication date: February 29th 202