Six model nations

COMPARATIVE CRIMINAL
CONSTITUTION
PHD (LAW)
BY
DR. SHEIKH MUHAMMAD
ADNAN
Dr. Sheikh Muhammad Adnan

SIX MODEL NATIONS
• ENGLAND
• FRANCE
• GERMANY
• CHINA
• JAPAN
• SAUDI ARABIA

LEGAL TRADITIONS
(DISTINCT APPROACHES)
• ENGLAND: UNITARY COMMON LAW
• FRANCE: UNITARY CIVIL LAW
• GERMANY: FEDERAL CIVIL LAW
• CHINA : SOCIALIST LAW
• JAPAN: CIVIL LAW; HYBRID SYSTEM- NATIONAL TRADITION
AND MERGING FOREIGN CULTURES.
• SAUDI ARABIA: ISLAMIC LAWS

UNITARY GOVERNMENT
• UNITARY GOVERNMENT MEANS THAT GOVERNMENT POWER
IS CENTRALIZED RATHER THEN BEING DIVIDED BETWEEN
STATES AND A CENTRAL GOVERNMENT AS IN A FEDERAL
SYSTEM SUCH AS THE U.S AND GERMANY

CRIME ISSUES
• ENGLAND: DRUGS, TERRORISM, IMMIGRATION, MONEY
LAUNDERING, MINORITY RIGHTS.
• FRANCE: DRUGS, TERRORISM, IMMIGRATION, HATE CRIMES,
RACIAL TENSION – CULTURAL CONFLICT.
• GERMANY: DRUGS, IMMIGRATION, HATE CRIMES, RIGHT-WING
EXTREMISM AND ETHIC VIOLENCE.
• CHINA: ORGANIZED CRIME ( DRUGS, GUNS, SMUGGLING,
GAMBLING), CORRUPTION, GANGS, AND ECONOMIC CRIME.
• JAPAN: DRUGS AND ORGANIZED CRIME
• SAUDI ARABIA: DRUGS CRIMES.

CRIME RATE
• ENGLAND: LOW-MODERATE; 9928 PER 100,000 (2021);
• FRANCE: 6932 PER 100,000
• GERMANY: 7893 PER 100,000
• CHINA: 163 PER 100,000
• JAPAN: 2210 PER 100,000
• SAUDI ARABIA: 157 PER 100,000

CRIME POLICY
• ENGLAND: CRIMINAL JUSTICE REFORM AND “GET TOUGH:
POLICIES
• FRANCE: GET TOUGH AND ZERO TOLERANCE POLICIES
• GERMANY: REUNIFICATION POLICY
• CHINA: “STRIKE HARD” CAMPAIGNS; MODIFICATION OF
CRIMINAL PROCEDURE LAWS, INCREASE IN THE DEATH
PENALTY FOR A VARIETY OF CRIMES.
• JAPAN: STARTING TO ADOPT “GET TOUGH” CRIME POLICY
• SAUDI ARABIA: HARSH PUNISHMENTS INCLUDING THE DEATH
PENALTY FOR DRUG TRAFFICKING; RELIGIOUS BASED CULTURE

GOVERNMENT
• ENGLAND: A MONARCHY, HOWEVER THE PRIME MINISTER LEADS THE NATION.
PARLIAMENT IS THE SUPREME POWER – CABINET MEMBERS ADMINISTER THE POLICE,
COURTS, AND CORRECTIONS. ELECTED AND HEREDITARY REPRESENTATION.
• FRANCE: A UNITARY REPUBLIC, A PRESIDENT AND ELECTED REPRESENTATIVES.
• GERMANY: A UNITARY REPUBLIC, A PRESIDENT AND ELECTED REPRESENTATIVES.
• CHINA: A UNITARY SOCIALIST GOVERNMENT: SUBORDINATE TO THE CHINESE
COMMUNIST PARTY. PRIMARY ORGANS INCLUDE THE PRESIDENCY, THE STATE
COUNCIL AND THE NATIONAL PEOPLE’S CONGRESS.
• JAPAN : A UNITARY CONSTITUTIONAL MONARCHY ( THE EMPEROR IS CEREMONIAL)
WITH A PRIME MINISTER AND THREE BRANCHES OF GOVERNMENT. ELECTED
REPRESENTATION.
• SAUDI ARABIA: A NON CONSTITUTIONAL MONARCHY- THE KING IS THE CHIEF OF
STATE AND HEAD OF GOVERNMENT. THE KING SELECTS THE COUNCIL OF MINISTERS.
NO SYSTEM OF ELECTION OR REPRESENTATION.

CONSTITUTIONAL AND LAWS
• ENGLAND: NO WRITTEN CONSTITUTION, RELY ON CONSTITUTIONAL TRADITIONS,
COMPACTS, AND COMMON LAWS; NO PENAL CODE.
• FRANCE: CONSTITUTION OF THE FIFTH REPUBLIC (1958); PENAL CODE.
• GERMANY: THE CONSTITUTION IS CALLED THE BASIC LAW (1949); GERMAN LAW IS A
COMBINATION OF STATUTES, ORDINANCES, AND ADMINISTRATIVE RULES.
• CHINA: NO CONSTITUTION, A MOVEMENT FROM “ RULE OF MAN” TO THE “ RULE OF
LAW” (1979- PRESENT); INFORMAL SOCIAL CONTROL.
• JAPAN :A NEW CONSTITUTION FOLLOWING WORLD WAR II. CRIMINAL CODE THAT IS
PREDOMINANTLY GERMAN IN NATURE.
• SAUDI ARABIA: NO SEPARATE OR FORMAL CONSTITUTION. HOWEVER, THE BASIC LAW
(1993) AND THE SHARIIAT LAW FULFIL A SIMILAR PURPOSE; SOME CONSIDER THE
QUR’AN TO BE SUCH. NO PUBLISHED PENAL CODES- ISLAMIC LAW. SACRED LAW
TRADITION..

LEGAL SYSTEM
• ENGLAND: COMMON LAW AND STATUTES
• FRANCE: UNITARY OF CIVIL AND CRIMINAL COURTS.
• GERMANY: REFLECTS BOTH CIVIL LAW TRADITION AND COMMON LAW
TRADITION.
• CHINA: CENTRALLY MONITORED HIERARCHICAL COURT SYSTEM (COURTS
ARE TYPICALLY COLLABORATION WITH LOCAL POLITICAL LEADERS TO
MEET THE IDEALS OF THE COMMUNIST PART)
• JAPAN : HIERARCHICAL SYSTEM MODELLED AFTER EUROPEAN CIVIL LAW
AND ENGLISH-AMERICAN LEGAL TRADITIONS. INFORMAL PROCEDURES
SUCH AS COMPROMISE AND MEDIATION.
• SAUDI ARABIA: THE KING IS THE HIGHEST COURT OF APPEAL IN THE LAND
AND IS RESPONSIBLE FOR JUDICIAL APPOINTMENTS TO RELIGIOUS COURTS

POLICE
• ENGLAND: HOME SECRETARY
• FRANCE: THE POLICE NATIONAL AND THE GENDARMERIE
POLICE
• GERMANY: THE LEANDER OR STATE GOVERNMENTS
ADMINISTER POLICE FUNCTIONS NOT CONTRARY TO THE
BASIC LAW..
• CHINA: SUPREME PEOPLE’S PROCURATOR.
• JAPAN : NATIONAL POLICE SAFETY COMMISSION
(ADMINISTRATIVE) AND THE NATIONAL POLICE AGENCY
(MANAGES POLICE DUTIES)
• SAUDI ARABIA: CENTRALIZED AND CONTROLLED BY THE
MINISTER OF THE INTERIOR

CORRECTIONS
• ENGLAND: HOME SECRETARY
• FRANCE: MINISTRY OF JUSTICE
• GERMANY: THE LEANDER OR STATE GOVERNMENTS
ADMINISTER POLICE FUNCTIONS NOT CONTRARY TO THE
BASIC LAW..
• CHINA: SUPREME PEOPLE’S PROCURATOR.
• JAPAN : MINISTRY OF JUSTICE AND THE PRISON BUREAU
• SAUDI ARABIA: SCRUTINY BY GOVERNMENT-APPOINTED
RELIGIOUS LEADERS

JUDICIAL SYSTEM
• ENGLAND: MAGISTRATE COURTS, THE CROWN COURT,
• FRANCE: PRE-TRAIL, TRAIL AND POST-TRAIL
• COUR DE CASSATION: HIGHEST COURT OF APPEAL
• TRIBUNAL DE POLICE: THE TRIBUNAL DE POLICE CONSISTS OF A
SINGLE JUDGE BUT THE COURT IS CONSTITUTED BY A PROSECUTOR
AND A RECORDING OFFICER.
• TRIBUNAL CORRECTIONNEL: TRAIL OF TWO MONTHS TO FIVE YEARS.
SETUP IN PROVINCIAL CAPITAL
• COUR D' ASSISE: WHICH SHOULDERS THE RESPONSIBILITY OF
HANDLING MAJOR CRIMINAL CASES, USUALLY HEARS CASES OF FIVE
YEARS OR MORE IMPRISONMENT, HARD LABOR OR DEATH PENALTY

THE PERIOD OF PATERNAL POWER
• UNTIL THE 1789 REVOLUTION, THE LAW CONDUCTED RECOGNITION ABOUT THREE
AGE GROUPS OF CHILDREN DEFINED IN LATIN: INFANS (AGES 0 TO 7), PROXIMUS
INFANTI (AGES 7 TO 10) AND PROXIMUS PUBERTATI (AGES 10 TO 14).[FOR EACH AGE
GROUP, JUDGES ACTED THE WAY THEY CONSIDERED AS APPROPRIATE, AND WERE
FREE TO REACH GREAT EXTREMES IN BOTH PUNISHMENT AND FORGIVENESS. AND IT
WAS COMMON TO PERFORM DELIBERATE IMPRISONMENT OF CHILDREN BY PARENTS
UNTIL THE END OF THE SEVENTEENTH CENTURY. IN ADDITION, ALTHOUGH CRIMINAL
SENTENCES ARE IN PRINCIPLE NO HARSHER FOR ADOLESCENTS THAN FOR ADULTS,
THE PENAL CODE ALLOWS FOR THE IMPLEMENTATION OF LIFE IMPRISONMENT,
DEPORTATION AND EVEN THE DEATH PENALTY FOR CHILDREN UNDER THE AGE OF 7.
DURING THE PERIOD OF THE GOVERNANCE OF NAPOLEON, FATHERS HAD THE RIGHT
TO REQUIRE CIVIL COURTS TO IMPRISON THEIR CHILDREN FOR UP TO ONE MONTH.
ADDITIONALLY FOR OLDER CHILDREN, THE MAGISTRATE OF THE COURT OWNS THE
POWER TO DETERMINE THE TIME LIMIT OF IMPRISONMENT, BUT THE MAXIMUM TERM
IS ONE MONTH. ACCORDING TO THE LAW IN 1804, ANY FATHER WHO WAS
DISSATISFIED WITH THE CONDUCT OF HIS CHILD COULD PETITION THE COURT OF
SUPERIOR SUPERVISION TO IMPRISON THE CHILD. HOWEVER, THESE LAWS ALSO
GRADUALLY BEGAN TO RESTRICT PARENTS' RIGHT FROM IMPLEMENTING CORPORAL
PUNISHMENT.

JUVENILE CRIMINAL PROCEEDINGS
• THE PURPOSE OF ESTABLISHING JUVENILE COURT AIMS AT THE PARTICULARITY OF JUVENILE CRIME. IN 1945,
THE BASIC CRIMINAL POLICY AGAINST CRIMES COMMITTED BY MINORS WAS FORMULATED, AND SPECIAL
JUVENILE JUDGES AND JUVENILE COURTS WERE ESTABLISHED RESPECTIVELY. CASES OF MINOR OFFENCES
AGAINST THE FIRST FOUR GRADES OF POLICE OFFENCES ARE STILL ADDRESSED BEFORE THE POLICE COURTS,
WHILE CASES AGAINST THE FIFTH GRADE OF POLICE OFFENCES, MISDEMEANORS AND FELONIES ARE
REQUIRED TO BE TACKLED UNDER THE JURISDICTION OF THE JUVENILE COURTS. THE SYSTEM INCLUDES
SEVERAL PARTS OF JUVENILE JUDGES, JUVENILE COURTS, APPELLATE COURTS AND JUVENILE FELONY
COURTS.
• THESE COURTS ARE PRESIDED BY ONE JUVENILE COURT JUDGE WITH TWO ASSISTANTS OF TWO LAY JUDGES
AND ONE COURT CLERK. BY VIRTUES OF THE REFERRAL OF A JUVENILE JUDGE OR PRETRIAL JUDGE, THE
JUVENILE COURT HEARS FELONY CASES COMMITTED BY MINORS UNDER THE AGE OF 16 AND
MISDEMEANORS COMMITTED BY MINORS UNDER THE AGE OF 18. THE JUVENILE COURT MAY ORDER FOR
ADOPTING MEASURES OF PROTECTION, ASSISTANCE, SUPERVISION AND EDUCATION FOR ALL MINORS, AND
TAKE EDUCATIONAL SANCTIONS AGAINST THOSE MINORS OVER 10 YEARS OF AGE. FURTHERMORE, MINORS
WHO ARE AT THE AGE OF 13 TO 16 CAN BE SENTENCED. HOWEVER MINORS CAN ONLY AFFORD HALF OF
THE SENTENCES PRESCRIBED BY ADULTS. AND THEY CANNOT BE REMANDED UNLESS THEY HAVE
COMMITTED A SERIOUS CRIME.
• IN TERMS OF THE JUDICIAL STRUCTURE, THE JUVENILE FELONY COURT SHARES THE SAME CONSTRUCTION
SYSTEM AS THE COMMON FELONY COURT, WHICH IS COMPOSED OF 3 PROFESSIONAL JUDGES AND 9
JURORS. THE JUVENILE FELONY COURT HEARS FELONIES COMMITTED BY MINORS BETWEEN THE AGES OF 16
AND 18.

JUDICIAL SYSTEM
• GERMANY:
• AMTSGERICHTE : CRIMINAL OFFENCES IN WHICH THE SENTENCE IS EXPECTED TO BE
LESS THAN TWO YEARS.
2 LAY JUDGES: CRIMINAL OFFENSES IN WHICH THE SENTENCE IS EXPECTED TO BE
BETWEEN TWO AND FOUR YEARS.
• LANDGERICHTE: 3 LAY JUDGES, CASES IN WHICH THE SENTENCE IS EXPECTED TO
EXCEED FOUR YEARS, CASES WHERE THE PROSECUTOR DECIDED TO BE NOT TRIED BY
AMTSGERICHTE, AND MINOR POLITICAL CRIMES.
• OBERLANDESGERICHTE: SERIOUS POLITICAL CRIMES.
• OBERLANDESGERICHTE: APPELLATE COURT 3 JUDGES.
• BUNDESGERICHTSHOF (FEDERAL COURT OF JUSTICE) : 5 JUDGES. FINAL APPELLATE
COURT.

JUDICIAL SYSTEM
• CHINA: THE PRIMARY PEOPLE'S COURTS., THE
INTERMEDIATE PEOPLE'S COURTS, THE HIGHER PEOPLE'S
COURTS, THE SUPREME PEOPLE'S COURT
• JAPAN : A SUMMARY OR DISTRICT COURT (FIRST
INSTANCE), A HIGH COURT (SECOND INSTANCE) AND
FINALLY, THE SUPREME COURT (APPEAL)

JUDICIAL SYSTEM
• SAUDI ARABIA: THE SAUDI COURT SYSTEM CONSISTS OF
THREE MAIN PARTS. THE LARGEST IS THE SHARI’AH
COURTS, WHICH HEAR MOST CASES IN THE SAUDI LEGAL
SYSTEM. THE SHARI’AH COURTS ARE ORGANIZED INTO
SEVERAL CATEGORIES: COURTS OF THE FIRST INSTANCE
(SUMMARY AND GENERAL COURTS), COURTS OF
CASSATION AND THE SUPREME JUDICIAL COUNCIL.

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