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

COMPARATIVE LEGAL SYSTEMS( Coursework) - Essay Example By adopting the French and Italian model, Guatemala has successfully designed its judicial system. The judicial reform has brought about segmentation as because often the civil laws in Guatemala have different interpretations. The fact that, the laws are based on different legal philosophies, account for this problem. On the whole, adoption of new reform has proved to be effective for controlling administration of the State. Adoption 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 initiative was first of its kind in Western Europe, during the eighteenth century. This legal measure was later on adopted 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 huma n 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 quite 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 simply issues regarding oral case, role of judges, responsibilities and liberty of prosecutors, and also about investigation and evidentiary arguments. Introduction of French civil laws has helped to contr ol crimes, for Guatemala has been experiencing crimes due high poverty and social 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 Guatemala’s private laws. Also, the French laws have shaped by Guatemala’s commercial scenario. Thus, it could be said that France had numerous implications in Guatemala’s 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 charged with criminal offences and his or her society. Due to this, French governments insists more on investigation procedure, thus making the while legal procedure a lengthy one. Also, French c ivil laws consider and accept every single provision, through which the accused could defend itself. The laws also hold any individual guilty only after 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 under 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