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Proposal for a General Part of a New Penal Law — Introduction

Published online by Cambridge University Press:  04 July 2014

S.Z. Feller  and
M. Kremnitzer
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Extract

This being a presentation of a legislative enactment, not explanatory notes or a commentary on its provisions and certainly not a theoretical, comprehensive analysis of the topics considered therein, it is bound to be most concise and selective. The reader will thus encounter below a brief reference to the main subjects dealt with by the Proposal, with emphasis on the significance of proposed solutions.

The reasons why Israel requires a new penal code, generally, and, for a start, its Preliminary and General Parts, in particular, are inherent both in the process whereby the existing Law has developed, and the quality of that Law.

Israeli criminal law suffers from old age. Its direct source is the Criminal Code of Cyprus of 1928; the latter having been copied, with certain changes, from the Queensland Code of 1899, which for the most part reflected the judicial decisions of English common law, some of which were formed many years previously, and are largely outdated. Scientific standards have changed and progressed.

Type
Research Article
Information
Israel Law Review , Volume 30 , Issue 1-2: Reform of Criminal Law , Spring Winter 1996 , pp. 36 - 59
Copyright
Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1996

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Footnotes

*

Professor Emeritus, Faculty of Law, The Hebrew University of Jerusalem.

**

Ivan C. Rand Professor of Criminal Law, Faculty of Law, The Hebrew University of Jerusalem.

References

1 On the history of the Palestine Criminal Code Ordinance, see the excellent articles of Abrams, N., “Interpreting the Criminal Code Ordinance, 1936 – The Untapped Well”, (1971) 7 Is. L.R. 25 CrossRefGoogle Scholar; Shachar, Y., “The Sources of the Criminal Code Ordinance, 1936”, (1979) 7 Iyunei Mishpat 75 Google Scholar.