Alternative legal enlightenment and service
Provided by Legal Experts.
አማራጭ የሕግ እውቀት እና አገልግሎት
ነፃ የሕግ ምክርና ድጋፍ ሰጪ ሕግ ባለሙያዎች፣ የተለያዩ የሕግ ማብራርያ ያገኛሉ 🔴
#አለሕግ #Alehig
👉Telegram Channel 👈
https://t.me/alehig
❤1
legal holiday
🔌a public holiday recognized by law
🔌 a holiday established by legal authority and marked by restrictions on work and transaction of official business.
እንኳን አደረሳችሁ።
@lawsocieties
🔌a public holiday recognized by law
🔌 a holiday established by legal authority and marked by restrictions on work and transaction of official business.
እንኳን አደረሳችሁ።
@lawsocieties
👍1
ከጠበቃና የሕግ አማካሪ አማራጭ የሕግ እውቀትና አገልግሎት Alternative legal enlightenment & Service
https://linktr.ee/alehig
WhatsApp👉 #+251920666595
Telegram👉 @MikiasMelak የሕግ ምክርና ድጋፍ፣ የተለያዩ ህጎች፤ አዋጅ፣ ደንብ፣ መመሪያ፣ #የሕግ_መረጃ የሕግ እውቀት alehig.com
https://linktr.ee/alehig
WhatsApp👉 #+251920666595
Telegram👉 @MikiasMelak የሕግ ምክርና ድጋፍ፣ የተለያዩ ህጎች፤ አዋጅ፣ ደንብ፣ መመሪያ፣ #የሕግ_መረጃ የሕግ እውቀት alehig.com
Key to Solve a Case Problem:
While solving a case problem the students are required to systematically deal with the facts given to them keeping certain key points in their mind in order to achieve these beneficial results:
1. To have clarity in presentation of their case, and
2. To avoid mixing up of prosecution and defense cases.
Students have this common problem of mixing up of prosecution case with that of defence. They should remember that while preparing a prosecution case they should stick to that side and challenge the defence with their contentions. Switching to defence points in between reflects their uncertainty and makes their case weak. The same is true while preparing a defence case; the student should completely explore his chances of defending his case by identifying different grounds to establish the innocence of the accused in a right case or at least try to limit his liability in a case where the defendant’s involvement is obvious.
I. Being a Prosecutor:
Before proceeding to prepare your case always read the facts thoroughly, if need be more than once to clear any lingering doubts about the facts in your mind. Note the names of the parties, dates, timings etc. perfectly in a chronological order (according to the order of occurrence). The prosecution case should necessarily consist of three important parts namely, identification of the conduct under specific provision of the Special Part, fixing the criminal liability of the accused and recommendation of the sentence.
Identification of the Accused’s Conduct:
The first thing that comes to the mind after reading the facts is the specific kind of crime that the accused has committed. It is the harmful result that directs you to the relevant provision; say for example if the facts include the killing of a human being it will be identified as:
A crime of homicide Arts 538-543
The specific type of homicide i.e. whether intentional [Aggravated
(Art. 539), Ordinary(Art. 540) or Extenuated (Art. 541)]or Negligent homicide(Art. 543)
At this stage just identification of the conduct under the relevant provision is sufficient.
Fixing the Criminal Liability of the Accused:
Essential elements of the crime identified:
The material and moral ingredients of the crime in accordance with the identified provision of the Special Part has to be discussed here clearly. For example, if it is a case of aggravated homicide, the facts should be shown to disclose:
Intention of the accused in terms of Art. 58,
At least one of the aggravating circumstances in terms of Art.539/1/a or b
Causation of crime:
If the facts include more than one cause then it has to be shown that the accused’s act was the actual and adequate cause for the harmful consequence i.e. ‘death of a human being’ as in the case of the example we are considering. This is done in accordance with the rules laid down in Art.24 of the General part.
Always try to give sufficient reasoning for your stand. Yes/ No answers are neither useful for scoring maximum marks nor useful for your future practical application. This will help you to write nice reasoned judgments of academic as well as practical importance in future.
Recommendation of the Quantum of Punishment:
The last and very important part of the prosecution case is that it should contain a well reasoned recommendation for a specific ‘quantum’ of punishment. Though it is the judge that has the final word in deciding the nature and length of the sentence to be given, it should form part of the prosecution’s request. For example, in a case of aggravated homicide you will conclude that the accused be given a sentence of rigorous imprisonment for life unless there are convincing grounds for demanding a death penalty. You have to support your sentence with sufficient reasoning too which will stand as an answer for the demands of the defence for mitigation of punishment.
The sentence recommendation should include aggravating circumstances, previous convictions, if any, and a description of the disposition of the accused.
II. Being a Defense Counsel:
Normally the de
While solving a case problem the students are required to systematically deal with the facts given to them keeping certain key points in their mind in order to achieve these beneficial results:
1. To have clarity in presentation of their case, and
2. To avoid mixing up of prosecution and defense cases.
Students have this common problem of mixing up of prosecution case with that of defence. They should remember that while preparing a prosecution case they should stick to that side and challenge the defence with their contentions. Switching to defence points in between reflects their uncertainty and makes their case weak. The same is true while preparing a defence case; the student should completely explore his chances of defending his case by identifying different grounds to establish the innocence of the accused in a right case or at least try to limit his liability in a case where the defendant’s involvement is obvious.
I. Being a Prosecutor:
Before proceeding to prepare your case always read the facts thoroughly, if need be more than once to clear any lingering doubts about the facts in your mind. Note the names of the parties, dates, timings etc. perfectly in a chronological order (according to the order of occurrence). The prosecution case should necessarily consist of three important parts namely, identification of the conduct under specific provision of the Special Part, fixing the criminal liability of the accused and recommendation of the sentence.
Identification of the Accused’s Conduct:
The first thing that comes to the mind after reading the facts is the specific kind of crime that the accused has committed. It is the harmful result that directs you to the relevant provision; say for example if the facts include the killing of a human being it will be identified as:
A crime of homicide Arts 538-543
The specific type of homicide i.e. whether intentional [Aggravated
(Art. 539), Ordinary(Art. 540) or Extenuated (Art. 541)]or Negligent homicide(Art. 543)
At this stage just identification of the conduct under the relevant provision is sufficient.
Fixing the Criminal Liability of the Accused:
Essential elements of the crime identified:
The material and moral ingredients of the crime in accordance with the identified provision of the Special Part has to be discussed here clearly. For example, if it is a case of aggravated homicide, the facts should be shown to disclose:
Intention of the accused in terms of Art. 58,
At least one of the aggravating circumstances in terms of Art.539/1/a or b
Causation of crime:
If the facts include more than one cause then it has to be shown that the accused’s act was the actual and adequate cause for the harmful consequence i.e. ‘death of a human being’ as in the case of the example we are considering. This is done in accordance with the rules laid down in Art.24 of the General part.
Always try to give sufficient reasoning for your stand. Yes/ No answers are neither useful for scoring maximum marks nor useful for your future practical application. This will help you to write nice reasoned judgments of academic as well as practical importance in future.
Recommendation of the Quantum of Punishment:
The last and very important part of the prosecution case is that it should contain a well reasoned recommendation for a specific ‘quantum’ of punishment. Though it is the judge that has the final word in deciding the nature and length of the sentence to be given, it should form part of the prosecution’s request. For example, in a case of aggravated homicide you will conclude that the accused be given a sentence of rigorous imprisonment for life unless there are convincing grounds for demanding a death penalty. You have to support your sentence with sufficient reasoning too which will stand as an answer for the demands of the defence for mitigation of punishment.
The sentence recommendation should include aggravating circumstances, previous convictions, if any, and a description of the disposition of the accused.
II. Being a Defense Counsel:
Normally the de
👍2
fense case begins with a ‘plea of not guilty’ where in the accused denies all the charges made against him. The defense may base its case on anyone of the following grounds:
Absence of Legal Ingredient:
It may be shown that the harm caused is not one of those which are specifically prohibited under the Special Part of the Code. For example, ‘raping’ is a crime under the Ethiopian Criminal Code where as ‘fornication’ is not. Therefore, unless there is a strong proof of and element of ‘force’ the conduct cannot be a crime. The principle of legality prohibits the creation of crimes by analogy (Art.2/3). Or,
Absence of Material Ingredient:
By proving the absence of ‘cause’ and ‘effect’ relationship:
In a case where several causes are present like preceding, concurrent or intervening etc. (Art. 24) ‘the act/conduct of the accused’ may be proved to be ‘not the one’ that had brought about the result or that it was the ‘inadequate one’ to have brought about the harmful result in question.
You need to show facts supporting your argument. Or,
⚫️⭕️By plea of ‘alibi’:
The Latin expression ‘alibi’ literally means ‘elsewhere’. It is a plea by a person accused of an offence that he was ‘elsewhere’…that having regard to the time and place when and where he is alleged to have committed the crime, he could not have been present.
⚫️⭕️
The plea of alibi postulates the ‘physical impossibility of the presence’ of the accused at the scene of the crime by reason of his presence at another place. It should be shown that the accused was so far away at the relevant time that he could not be presented at the place where the crime was committed.
Note: While solving a hypothetical case ‘alibi’ can be raised only in the light of the given facts. You cannot modify the facts by imagination. You cannot assume the facts unless you are asked to. Or,
Absence of Moral Ingredient:
By Proof of Incapacities: Arts. 48-56
The defence may claim anyone of the incapacities like insanity, intoxication or infancy to prove the incapability of the defendant to form the guilty mind necessary to bring about the harmful consequences in question. Here again you have an obligation to support your contentions in the light of the facts given and the principles governing such a defence by referring to the relevant provisions of law. Or,
By Proof of an Affirmative Defence; Arts. 68-81
Where justifiable-No punishment at all:
Where all the essential conditions and the limitations specified under the relevant provision are fulfilled, the defence can claim complete immunity from punishment.
Where excusable-Mitigation of punishment:
Where the conduct of the accused does not fulfill the requirements for an absolute justification a free mitigation of punishment pursuant to Art 180 can be claimed.
Absence of Legal Ingredient:
It may be shown that the harm caused is not one of those which are specifically prohibited under the Special Part of the Code. For example, ‘raping’ is a crime under the Ethiopian Criminal Code where as ‘fornication’ is not. Therefore, unless there is a strong proof of and element of ‘force’ the conduct cannot be a crime. The principle of legality prohibits the creation of crimes by analogy (Art.2/3). Or,
Absence of Material Ingredient:
By proving the absence of ‘cause’ and ‘effect’ relationship:
In a case where several causes are present like preceding, concurrent or intervening etc. (Art. 24) ‘the act/conduct of the accused’ may be proved to be ‘not the one’ that had brought about the result or that it was the ‘inadequate one’ to have brought about the harmful result in question.
You need to show facts supporting your argument. Or,
⚫️⭕️By plea of ‘alibi’:
The Latin expression ‘alibi’ literally means ‘elsewhere’. It is a plea by a person accused of an offence that he was ‘elsewhere’…that having regard to the time and place when and where he is alleged to have committed the crime, he could not have been present.
⚫️⭕️
The plea of alibi postulates the ‘physical impossibility of the presence’ of the accused at the scene of the crime by reason of his presence at another place. It should be shown that the accused was so far away at the relevant time that he could not be presented at the place where the crime was committed.
Note: While solving a hypothetical case ‘alibi’ can be raised only in the light of the given facts. You cannot modify the facts by imagination. You cannot assume the facts unless you are asked to. Or,
Absence of Moral Ingredient:
By Proof of Incapacities: Arts. 48-56
The defence may claim anyone of the incapacities like insanity, intoxication or infancy to prove the incapability of the defendant to form the guilty mind necessary to bring about the harmful consequences in question. Here again you have an obligation to support your contentions in the light of the facts given and the principles governing such a defence by referring to the relevant provisions of law. Or,
By Proof of an Affirmative Defence; Arts. 68-81
Where justifiable-No punishment at all:
Where all the essential conditions and the limitations specified under the relevant provision are fulfilled, the defence can claim complete immunity from punishment.
Where excusable-Mitigation of punishment:
Where the conduct of the accused does not fulfill the requirements for an absolute justification a free mitigation of punishment pursuant to Art 180 can be claimed.
A student enrolled in a legal education should engage with bigger questions such as:
❓“Who am I?”
❓“What do I believe in?”
❓“What is important to me?”
❓“What will I do to make this world and my nation a better place?”
❓“How will I be remembered?”
@lawsocieties
❓“Who am I?”
❓“What do I believe in?”
❓“What is important to me?”
❓“What will I do to make this world and my nation a better place?”
❓“How will I be remembered?”
@lawsocieties
የህግ መጽሐፍት with their current price ✔️✔️✔️✔️
🅰ddis 🅰baba Ethiopia, 4 kilo ብርሀን እና ሰላም ማተሚያ
Acrimony....
E: English version
A: Amharic version
⚫️⚫️⚫️⚫️⚫️⚫️
list of the codes and their price
1. civil code =81birr 67E
2. criminal code = 65 birr 65.45
3. commercial code =35 birr 35
4. civil procedure code =55 birr40.70
5. criminal procedure =18 birr 22.45
6. constitution =31 birr
7. family code= 34E birr 35.65A
🏴
🏴
share .......🏴
🅰ddis 🅰baba Ethiopia, 4 kilo ብርሀን እና ሰላም ማተሚያ
Acrimony....
E: English version
A: Amharic version
⚫️⚫️⚫️⚫️⚫️⚫️
list of the codes and their price
1. civil code =81birr 67E
2. criminal code = 65 birr 65.45
3. commercial code =35 birr 35
4. civil procedure code =55 birr40.70
5. criminal procedure =18 birr 22.45
6. constitution =31 birr
7. family code= 34E birr 35.65A
🏴
🏴
share .......🏴