Temporal Jurisdiction in Egyptian Criminal Law
40 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Which of the following is an example of a habit crime?

  • Assault
  • Theft
  • Habitual prostitution (correct)
  • Fraud

    • The non-retroactivity of unfavorable criminal provisions allows new unfavorable rules to apply without any conditions.

    False

    What must be true for a crime to be classified as habitual?

    The act must be repeated at least twice.

    The principle of ________ applies when a new criminal provision is less favorable to the accused.

    <p>non-retroactivity</p> Signup and view all the answers

    Match the criminal concepts with their definitions:

    <p>Habitual crime = Requires the act to be repeated at least twice Fraud = An example of a crime committed by a single action Non-retroactivity = Prevents the application of new laws to past actions Aggravated prison = A higher category of punishment compared to prison</p> Signup and view all the answers

    What happens if a continuing crime starts under an old rule and finishes under a new rule?

    <p>The new rule applies regardless of it being unfavorable.</p> Signup and view all the answers

    Changing the punishment from five years of prison to three years of aggravated prison is considered unfavorable to the accused.

    <p>True</p> Signup and view all the answers

    What is required for a new offense to be unfavorable on the level of criminalization?

    <p>It must create a new offense that has not been criminalized before.</p> Signup and view all the answers

    What does Article 95 of the Egyptian constitution stipulate regarding penalty?

    <p>Penalty shall only be imposed for acts committed after the law comes into force.</p> Signup and view all the answers

    The Egyptian criminal code allows the imposition of penalties for acts committed before the law was established.

    <p>False</p> Signup and view all the answers

    What is the principle concerning the retroactivity of favorable laws in Egyptian criminal law?

    <p>If a more favorable law to the accused is issued after the commission of the crime and before the final judgment, that law shall be applied.</p> Signup and view all the answers

    The act of shooting and an immediate death is considered a crime committed at the moment of _____ .

    <p>the action</p> Signup and view all the answers

    In the case where the outcome of a crime occurs after a long period, when is the crime considered committed?

    <p>At the moment of action.</p> Signup and view all the answers

    Match the crime type with their respective definition:

    <p>Instantaneous crimes = Crimes committed and resolved immediately. Continuing crimes = Crimes occurring over an extended period. Complex crimes = Crimes consisting of distinct actions. Divergence of elements of crime = Crimes where the result occurs long after the initial act.</p> Signup and view all the answers

    In cases of _____ crimes, the crime is considered to be committed during the entire duration of the act.

    <p>continuing</p> Signup and view all the answers

    What kind of outcome leads to the classification of a crime as a 'divergence of elements'?

    <p>When the criminal result occurs after a substantial delay from the initial act.</p> Signup and view all the answers

    What is required for a new rule to be retroactively applied?

    <p>It must be favorable to the accused and enacted before the final judgment.</p> Signup and view all the answers

    A rule that decriminalizes an offense can be considered favorable to the accused.

    <p>True</p> Signup and view all the answers

    What is the significance of a final judgment in the context of retroactive application of favorable rules?

    <p>A final judgment signifies that the new rule cannot be applied if it is promulgated after the judgment.</p> Signup and view all the answers

    A punishment is considered more lenient if it changes from a higher punishment like ____ to a lower punishment like ____.

    <p>imprisonment, prison</p> Signup and view all the answers

    Which of the following scenarios illustrates a rule that is unfavorable to the accused?

    <p>Increasing a punishment from five years of prison to seven years of prison.</p> Signup and view all the answers

    Match the following types of punishments with their implications:

    <p>Aggravated prison = Harsher and more severe punishment Regular prison = Standard form of incarceration Decriminalization = No longer considered a crime Lenient punishment = Eased consequences for the accused</p> Signup and view all the answers

    Which condition must be met for a new criminal rule to be considered favorable?

    <p>It must add to the legal structure of the offense.</p> Signup and view all the answers

    Define what constitutes a favorable rule in the context of punishment.

    <p>A favorable rule is one that makes the punishment more lenient.</p> Signup and view all the answers

    What happens when a judgment becomes irrevocable?

    <p>It cannot be appealed before any court.</p> Signup and view all the answers

    The new rule applies to an accused who has not yet started serving their sentence.

    <p>False</p> Signup and view all the answers

    What is a temporary law?

    <p>A law that is applicable only for a specified period of time.</p> Signup and view all the answers

    An individual can be __________ if a new rule decriminalizes the act they were convicted of.

    <p>released</p> Signup and view all the answers

    Under which condition does a new criminal rule apply retroactively?

    <p>When it is favorable and decriminalizes the acts.</p> Signup and view all the answers

    Crimes committed under temporary laws cannot be prosecuted after the law becomes inapplicable.

    <p>True</p> Signup and view all the answers

    What must happen for a new criminal rule to release an individual from responsibility after a final judgment?

    <p>The new rule must completely decriminalize the act.</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Irrevocable Judgment = A judgment that cannot be appealed before any court. Temporary Law = A law applicable for a specified period. Retroactive Application = Application of a new law to events occurring before it was enacted. Decriminalization = The process of removing the criminal status from an act.</p> Signup and view all the answers

    What is the outcome when a new law reduces the penalty from 3 years to 2 years for a theft case?

    <p>The new law applies retroactively.</p> Signup and view all the answers

    If an accused person instigates a crime under the old law, a new harsher law can be applied retroactively to them.

    <p>False</p> Signup and view all the answers

    What should a judge consider when deciding between two conflicting provisions?

    <p>The nature of each case and the particular circumstances of the offender.</p> Signup and view all the answers

    In cases where provisions are inseparable, if the court opts for clemency, it should apply the rule with the lesser __________.

    <p>minimum</p> Signup and view all the answers

    Match the following scenarios with their applicable laws.

    <p>Theft reduced from 3 years to 2 years = New law applies retroactively Instigating a theft under old law = New law does not apply retroactively Possessing a firearm before new law raised penalty to 3 years = Old law may be applicable Court favors leniency for a prior offender = Apply the law with lesser minimum</p> Signup and view all the answers

    What is the judge's approach when faced with non-separable conflicting laws?

    <p>Consider the situation and apply the rule with the lesser maximum.</p> Signup and view all the answers

    The law governing firearms possession allows a defendant to be prosecuted based on when the possession began.

    <p>True</p> Signup and view all the answers

    In the case where 'A' possesses a firearm and a new law increases the penalty, what could 'A' argue?

    <p>That he should be subjected to the old law as he started possession under that law.</p> Signup and view all the answers

    Study Notes

    Temporal Jurisdiction in Egyptian Criminal Law

    • Article 95 of the Egyptian Constitution dictates that penalties are only imposed for acts committed after the law imposing it comes into force.
    • Article 5 of the Egyptian Criminal Code adheres to this principle, stating that crimes are punished according to the law in force at the time of their commission.
    • Retroactivity of Favorable Rules: If a more favorable law is issued after a crime is committed but before a final judgment, that law will be applied exclusively.
    • Determining the Time of Commission: Identifying when a crime occurs is crucial for determining applicable law.
      • Instantaneous Crimes: The time of the act and the result are considered the same.
      • Divergence of Elements: The crime is considered to have been committed at the moment of the act, not the result, even if the result occurs later.
      • Continuing Crimes: The crime is considered in commission during the whole period of the act, starting from the commencement and ending with the termination of the crime.
      • Complex Crimes: The crime is considered committed at all moments when constituent acts of the material element are fulfilled.
      • Habit Crimes: The crime is considered committed at any moment when one of the required acts occurs, either the first or the second.
    • Non-Retroactivity of Unfavorable Rules: New unfavorable criminal provisions cannot be applied retroactively if the entire crime is committed under the old provision.
      • Part of Act Under New Provision: If only part of the act is committed under the new provision, the new provision will apply.
      • Continuing Crimes: If the act starts under the old rule and finishes under the new rule, the new, even if unfavorable, will apply.
      • Complex and Habit Crimes: If any part of the act is committed under the new rule, it applies regardless of favorability.
    • Determining Unfavorable Rules:
      • Criminalization:
        • New offenses created.
        • Removing an element of the legal structure of the offense, making it easier to prove.
      • Punishment:
        • Harsher punishment, like changing from imprisonment to prison, or from prison to aggravated prison.
        • Changing the grade of punishment even if the term is lesser is unfavorable.
        • Higher quantum of punishment is unfavorable.
    • Retroactivity of Favorable Rules:
      • Conditions:
        • The new rule must be favorable to the accused.
        • The rule must be promulgated before a final judgment is pronounced.
      • Favorable Rules:
        • Criminalization: Decriminalizing an offense or adding an element making the offense harder to prove.
        • Punishment:
          • Making the punishment more lenient.
          • Changing the grade of punishment to a lower degree, even if the term is longer.
          • Lower quantum of punishment.
      • Final Judgment:
        • A final judgment is one that cannot be appealed.
        • The new rule applies if the case is still under review by a higher court.
        • The new rule does not apply if a final judgment has been made, even if the sentence has not started.
      • Exception:
        • If the new rule decriminalizes the act, the person is absolved of responsibility regardless of a final judgment or even if they are serving their sentence.
    • Exceptions to Retroactivity of Favorable Rules:
      • Temporary Laws: Even after the expiration of the temporary law, actions committed during its application are still subject to its provisions.
    • Mixed Provisions:
      • Separable: The favorable provisions apply retroactively, and the harsher provisions do not.
      • Inseparable: Concrete appreciation is used based on the offender's circumstances.
        • If the court is lenient, the lesser minimum applies.
        • If the court is not inclined to clemency, the lesser maximum applies.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Intensive Session 3 Criminal Law 2024 PDF

    Description

    This quiz covers key concepts of temporal jurisdiction as outlined in Egyptian Criminal Law, focusing on Articles 95 and 5. It explores the principles of retroactivity of favorable laws and the determination of the time of commission for various types of crimes. Test your understanding of how these legal concepts apply in practice.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser