LAWS 2301 Chapter : Reading 4.doc
Document Summary
Law reform commission of canada: the general part was basically left to common law. In 1982, however, parliament enacted a criminal code based on stephen"s digest and his draft code which the english parliament had rejected: this first criminal code recognized the idea of the general part. Code and in the common law: any attempt to evaluate its adequacy must rest on an assessment of the purpose and function of a general part. Jerome hall: hall"s general principles of criminal law, which provides the first comprehensive theoretical treatment in general of the criminal law and in particular of the general. General part: e. g. the rules relating to jurisdiction and to limitation of time. Ideally there are three functions for the general part: to avoid repetition in the criminal law, to facilitate its systemization and to provide it with a theoretical basis: avoidance of repetition is primarily the function of general rules.