COMPARATIVE LEGAL SYSTEMS( Coursework) Essay Example | Topics and Well Written Essays - 2500 words

COMPARATIVE LEGAL SYSTEMS( Coursework) - Essay ExampleBy adopting the french and Italian model, Guatemala has successfully designed its judicial system. The judicial reform has brought about segmentation as because often the cultured laws in Guatemala have protestent interpretations. The fact that, the laws argon based on different legal philosophies, account for this problem. On the whole, adoption of new reform has proved to be effective for unconditional administration of the State. word meaning of French civil law Guatemala. The French were the first to adopt new regulations about sodomy. Under the new regulations, criminal charges that were till then associated with sodomy were removed. This orifice was first of its kind in Western Europe, during the eighteenth century. This legal measure was later on choose by numerous nations like Netherlands, Guatemala, Mexico, Luxemburg, Japan, Switzerland, Greece, Thailand, etc. Laws pertaining to sodomy were adopted by Guatemala in 1871, as a measure to acknowledge natural sexual orientation in human beings. Thus, the French legal norms adopted by Guatemala decriminalize sexual acts- both heterogeneous and homogenous. It was a measure taken by Guatemalan government to decrease serious physical assaults. For instead some time, Guatemala has been troubled by increasing rate of hate crimes. Gays, lesbians, and transsexuals are the usual victims of hate crimes. Often the crimes committed are too violent in nature. Due to all these, it was necessary for Guatemala to adopt a specific code of law for this issue. The French civil laws were most appropriate for this issue. After adopting the French civil lows, Guatemalan government has ensured that its citizens do not face any discrimination based on their sexuality2. The French civil laws were adopted by Guatemala with an objective to merely issues regarding oral case, role of judges, responsibilities and liberty of prosecutors, and also about investigation and evi dentiary arguments. Introduction of French civil laws has helped to control crimes, for Guatemala has been experiencing crimes due high poverty and brotherly inequalities. Slow economic progress is yet another reason for Guatemala having such a high crime rate. Moreover, the French civil laws have helped in controlling crime scenario. At the same time, it has also simplified Guatemalas private laws. Also, the French laws have shaped by Guatemalas commercial scenario. Thus, it could be say that France had numerous implications in Guatemalas penal structure3. Difference between application of French civil law in France and Guatemala The civil laws were adopted by Guatemala differ in application in France and Guatemala. According to the French civil law, crimes of individual were viewed keeping in mind the relationship shared by the individual aerated with criminal offences and his or her society. Due to this, French governments insists more on investigation procedure, thus making th e while legal procedure a lengthy one. Also, French civil laws consider and accept every single provision, through which the accused could defend itself. The laws also hold any individual guilty only later his guilt is proven in the court of law. The French civil laws also support abolition of torture. This implies that the neither the accused nor the criminals could be subjected to cruelty and barbarism below any situation4 In France, the prisoners are even allowed to vote. Also they are not made to work or they have to attend any educational