Criminal Law (10)
ፎረንሲክ ፖቶሎጂ ወይም የአስክሬን ምርመራ የአንድን ሰው አሟሟት በአጋጣሚ፣ ራስን ማጥፋት፣ በተፈጥሮ ወይም በሰው እጅ የሞተ መሆኑን የሚገልጽ የፎረንሲክ ሳይንስ ጥበብ ነው፡፡ ፎረንሲክ ሳይንስ የተጀመረው ከክርስቶስ ልደት በፊት በ44ኛ ዓመት ዓለም ነበር፡፡ በወቅቱም ትልቅ ስምና ዝና የነበራቸውን የንጉሳውያን ቤተሰቦች አሟሟት ለማጣራት ነበር የተጀመረው፡፡ የፎረንሲክ ፓቶሎጂ መጀመርና በብዙ ሰዎች መለመድ በመቻሉ…
According to Art.52 of the Ethiopian Criminal Code, infants are completely exonerated from criminal provisions. The lower limit of penal majority is made nine years under this article. Therefore, the Ethiopian criminal code never applies to children who commit an offence before having completed their ninth year. Whatever…
Infancy/Immaturity: Art. 52 Suppose a 3-year-old pushes her baby brother down the stairs, and the baby dies. Could we try the 3-year-old for murder? Does the 3-year-old commit the act of killing? Does she have the requisite intent (mens rea)? In fact a 3-year-old does not even know the…
The part respectively played by the medical expert and the court in deciding upon the criminal’s responsibility is one of the most controversial issue. In most common law countries, it appears that the jury is allowed to ignore the findings of the medical expert. In the case R…
Intoxication-Intentional or Culpable Irresponsibility: Art. 50 The problems intoxication poses to the criminal justice system, and to law enforcement in particular, are by no means negligible. Drug addiction and alcoholism remain two of the foremost-unsolved problems confronting the criminal justice system of many countries. To hold perpetrators responsible for…
General Defenses: Defenses for criminal liability are circumstances that relieve an accused from conviction of guilt and its consequent penalty. These circumstances exempt a criminal from criminal liability or entitle him/her to a reduced punishment. Defenses for criminal liability are incorporated in criminal law in different ways. Some are…
3.1. Historical Background: The history of Ethiopian Criminal law reveals the following important legislations incorporating the Criminal law of the country before the enactment of the existing Criminal Code of FDRE, 2005. A. The Fewuse Menfessawi, B. The Fetha Negest, C. The Ethiopian Penal Code, 1930. D. The Penal Code…
2.1. Crime is a Deceiving Concept There are no easy explanations for the phenomena collectively called crime. Crime is deceiving concept because it covers an enormous range of human behaviour. Crime may be associated in the public mind with pick-pocketing, robberies, house-breakings, and riots, but crime is also a businessman…
For a proper appreciation of the distinction between criminal law, civil law and morality, it is necessary to understand the “concept of wrongs” and their classification. A wrong is an act forbidden by the society. In other words, it is a violation of rules, which are accepted by the society.…
The definition of a crime has always been regarded as a matter of great difficulty. Where the task of definition is difficult, it is advisable that a student should not address himself to it until he has acquired some considerable knowledge of the subject matter to be defined. Therefore, before…