Misplaced Pages

#701298

18-641: The Criminal Code came into force together with the Code of Criminal Process, Code of Punishment Execution and Code of Administrative Offenses. The origins of the criminal code can be traced back to the Statutes of Lithuania , enacted in the Grand Duchy of Lithuania in the 16th century, and later in the Polish–Lithuanian Commonwealth . They codified certain penalties and punishments, including

36-488: A strategic lawsuit against public participation (SLAPP). "Chilling" in this context normally implies an undesirable slowing. Outside the legal context in common usage; any coercion or threat of coercion (or other unpleasantries) can have a chilling effect on a group of people regarding a specific behavior, and often can be statistically measured or be plainly observed. For example, the news headline "Flood insurance [price] spikes have chilling effect on some home sales," and

54-529: A case-by-case basis. Conversely they are not as common in common law jurisdictions. The proposed introduction of a criminal code in England and Wales was a significant project of the Law Commission from 1968 to 2008. Due to the strong tradition of legal precedent in the jurisdiction and consequently the large number of binding legal judgements and ambiguous ' common law offences ', as well as

72-738: Is a stub . You can help Misplaced Pages by expanding it . This article about a criminal law topic is a stub . You can help Misplaced Pages by expanding it . Criminal Code A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law . Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might be imposed for these offences, and some general provisions (such as definitions and prohibitions on retroactive prosecution ). Criminal codes are relatively common in civil law jurisdictions, which tend to build legal systems around codes and principles which are relatively abstract and apply them on

90-636: Is not itself law but which provides the basis for the criminal law of many states. Individual states often choose to make use of criminal codes which are often based, to a varying extent, on the model code. Title 18 of the United States Code is the criminal code for federal crimes. However, Title 18 does not contain many of the general provisions concerning criminal law that are found in the criminal codes of many so-called "civil law" countries. Criminal codes are generally supported for their introduction of consistency to legal systems and for making

108-667: The Netherlands , Norway , Pakistan , Poland , Russia , Saudi Arabia , South Africa , Spain , Switzerland , Thailand , Turkey , Ukraine , the United Kingdom and the United States , use different penal codes. Chilling effect (law) In a legal context, a chilling effect is the inhibition or discouragement of the legitimate exercise of natural and legal rights by the threat of legal sanction. A chilling effect may be caused by legal actions such as

126-631: The "chilling effect" in the context of the United States Constitution in Wieman v. Updegraff in 1952. It, however, became further used as a legal term when William J. Brennan , a justice of the United States Supreme Court , used it in a judicial decision ( Lamont v. Postmaster General ) which overturned a law requiring a postal patron receiving "communist political propaganda" to specifically authorize

144-465: The abstract title of a two-part survey of 160 college students involved in dating relationships: "The chilling effect of aggressive potential on the expression of complaints in intimate relationships." In United States and Canadian law , the term chilling effects refers to the stifling effect that vague or excessively broad laws may have on legitimate speech activity. However, the term is also now commonly used outside American legal jargon , such as

162-509: The chilling effects of high prices or of corrupt police , or of "anticipated aggressive repercussions" (in say, personal relationships ). A chilling effect is an effect that reduces, suppresses, discourages, delays, or otherwise retards reporting concerns of any kind. An example of the "chilling effect" in Canadian case law can be found in Iorfida v. MacIntyre in which a party challenged

180-469: The constitutionality of a criminal law prohibiting the publication of literature depicting illicit drug use. The court found that the law had a "chilling effect" on legitimate forms of expression and could stifle political debate on issues such as the legalization of marijuana. The court noted that it did not adopt the same "chilling effect" analysis used in American law but considered the chilling effect of

198-588: The criminal law more accessible to laypeople. A code may help avoid a chilling effect where legislation and case law appears to be either inaccessible or beyond comprehension to non-lawyers. Alternatively critics have argued that codes are too rigid and that they fail to provide enough flexibility for the law to be effective. Jurisdictions of many countries, such as Algeria , Argentina , Australia , Austria , Brazil , Canada , Chile , China , Denmark , Egypt , Finland , France , Germany , India , Iran , Israel , Italy , Japan , South Korea , Mexico ,

SECTION 10

#1732772162702

216-488: The delivery. The Lamont case, however, did not center around a law that explicitly stifles free speech. The "chilling effect" referred to at the time was a "deterrent effect" on freedom of expression—even when there is no law explicitly prohibiting it. However, in general, the term "chilling effect" is also used in reference to laws or actions that may not explicitly prohibit legitimate speech, but rather impose undue burden on speech. Edward Snowden disclosed in 2013 that

234-528: The judgement and the honesty of one who hath but a common repute in learning and never yet offended, as not to count him fit to print his mind without a tutor or examiner, lest he should drop a schism or something of corruption, is the greatest displeasure and indignity to a free and knowing spirit that can be put upon him. The term chilling effect has been in use in the United States since as early as 1950. The United States Supreme Court first refers to

252-675: The law as a part of its own analysis. Regarding Ömer Faruk Gergerlioğlu 's case in Turkey, the Office of the United Nations High Commissioner for Human Rights (OHCHR) said that Turkey's mis-use of counter-terrorism measures can have a chilling effect on the enjoyment of fundamental freedoms and human rights. In 1644 John Milton expressed the chilling effect of censorship in Areopagitica : For to distrust

270-478: The law in the 1990s, but a new criminal code, following a major reform, was enacted only in 2000, and entered force in 2003. There have been further substantial amendments to the criminal law since Lithuania joined the European Union in 2004. This article relating to the law of Europe or of a European country is a stub . You can help Misplaced Pages by expanding it . This Lithuania -related article

288-427: The often inconsistent nature of English law, the creation of a satisfactory code became very difficult. The project was officially abandoned in 2008 although as of 2009 it has been revived. A statutory Criminal Law Codification Advisory Committee for Irish criminal law met from 2007 to 2010 and its Draft Criminal Code and Commentary was published in 2011. In the United States, a Model Penal Code exists which

306-416: The passing of a law, the decision of a court, or the threat of a lawsuit ; any legal action that would cause people to hesitate to exercise a legitimate right (freedom of speech or otherwise) for fear of legal repercussions. When that fear is brought about by the threat of a libel lawsuit, it is called libel chill . A lawsuit initiated specifically for the purpose of creating a chilling effect may be called

324-660: The use of capital punishment . The new Criminal Statute was adopted by the Republic of Lithuania on 16 January 1919. It was based on the Russian Criminal Code of 1903 with substantial amendments, including the removal of the capital punishment. Following the Soviet occupation , the criminal code was replaced with the Soviet one in 1961. After the restoration of independence there were substantial amendments to

#701298