THE DEVELOPMENT OF THE CRIMINAL LAW THROUGH THE HISTORICAL FRAMEWORK

  • Natasa Doneva Ugd Faculty of law

Abstract

The corpus named law, the legal system consists of a series of complementary parts, which synchronized together give the whole idea of a system that is one of the main pillars of the state. The development of penalties was followed by dynamic fluctuations. Every epoch breathes its spirit into the legal system, which is especially
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emphasized in the punishment. It is impressive to look at the historical record of localized interpretations of the origins of criminal law. From the original draconian, through , cruel corporal and death sentences, to the original terrifying penitentiary institutions, we are considering the intention of every society to sanction "bad" behavior and protect the population and collective interests. Although many times history was witness of an interpretation of the law in favor of the government that maltreated its use, that led to a devolution of law. Although the first codes did not distinguish between penal and civil law, they still contributed of the foundations of the legal systems. The wide range of the ancient Ur- Nammu, Hammurabi's law, the ancient Solon’s reforms, the Law of XII tables, through the innovative Corpus Juris Civilis of Justinian, through the first European Constitutions, to the contemporary progressive laws, we get the (de) evolution of the penalty Matter. The distinction between the common law and the euro continental legal systems contributes to the different application of the same matter. Seemingly, the same system, with the same elements in its use, can still be creatively used to benefit different profiles of individuals and collectivities. Gradual but reliable development has led to the creation of a new branch with international impurities known as international criminal law. Although the eminent maxim "justice is blind" in a number of cases has proved to be correct, yet justice, the legal systems, are one of the main pillars of society, democracy, faith in freedoms and rights. Therefore, the tendency to constantly work on progress, improvement of the legal system, as well as its implementation, are more than present in every country.

Keywords: criminal law, history, legal systems, codes.

Published
2019-09-25