Treason and Legal Definition

In Malaysia, it is treason to commit crimes against the person of the Yang di-Pertuan Agong or to wage or attempt to wage war or support the conduct of war against the Yang di-Pertuan Agong, a ruler or Yang di-Pertua Negeri. All of these crimes are punishable by hanging, which is derived from acts of English treason (as a former British colony, Malaysia`s legal system is based on English common law). German law distinguishes between two types of treason: « high treason » and « treason ». High treason within the meaning of § 81[20] StGB is defined as a violent attempt against the existence or constitutional order of the Federal Republic of Germany, which is punishable by life imprisonment or a suspended sentence of at least ten years. In less serious cases, the penalty is 1 to 10 years in prison. German criminal law also criminalizes high treason against a German state. The preparation of both types of crimes is criminal and carries a sentence of up to five years. In very different circumstances, a similar defense was made in the case of William Joyce, nicknamed Lord Haw-Haw, who had disseminated Nazi propaganda from Germany to Britain during World War II. [7] Joyce`s court-appointed defense team argued that as a U.S. citizen and naturalized German, Joyce could not be convicted of treason against the British crown. However, prosecutors successfully argued that since he lied about his nationality in order to obtain a British passport and vote in Britain, Joyce owed allegiance to the king. Joyce was convicted of high treason and eventually hanged. [8] After Napoleon`s first fall from power, Marshal Michel Ney swore an oath to the restored King Louis XVIII.

but when the emperor fled Elba, Ney regained his loyalty to Napoleon and commanded the French troops at the battle of Waterloo. After the defeat, dethronement and exile of Napoleon for the second time in the summer of 1815, Ney was arrested and tried by the House of Peers for high treason. To save Ney`s life, his lawyer André Dupin argued that since Ney`s hometown of Saarlouis had been annexed by Prussia under the Treaty of Paris of 1815, Ney was now a Prussian who no longer owed allegiance to the King of France and was therefore not responsible for high treason before a French court. Ney ruined his lawyer`s efforts by interrupting him and saying, « I am French and I will remain French! » (I am French and I will remain French!). After rejecting this defense, Ney was convicted of treason and executed.[9] Some media reported that four youths (their names withheld) were convicted of treason after attacking King Carl XVI Gustaf of Sweden by throwing a cake in his face on September 6, 2001. [35] In reality, however, they were not convicted of high treason, but of högmålsbrott, translated as high treason, which in Swedish criminal law are acts with the intention of overthrowing the form of government or obstructing or obstructing the government, the Riksdag, the Supreme Court or the Head of State. The law also prohibits the use of force against the king or a member of the royal family. It is regulated by Chapter 18 of Brottsbalken. They were fined between 80 and 100 days` income. [36] The Constitution itself does not create the criminal offence; it limits only the definition (the first paragraph), allows the United States Congress to create the offense, and limits any sentence for treason to convicts only (second paragraph).

The crime is prohibited by laws passed by Congress. For this reason, United States Code Section 2381 states: The words « any person so convicted of treason » were omitted because they were superfluous. The offence of treason was created by section 9A(1) of the Crimes Act 1958. [15] She faces a maximum sentence of life imprisonment. Currently, the consensus among the main Islamic schools is that apostasy (leaving Islam) is considered treason and that punishment is death; this is not supported in the Qur`an, but in the hadiths. [63] [64] [65] [66] This confusion between apostasy and treason almost certainly has its roots in the Ridda Wars, in which an army of rebellious traitors led by the self-proclaimed prophet Musaylima attempted to destroy Abu Bakr`s caliphate. « The requirement for open action is to ensure that a treacherous project has moved from the realm of thought to the realm of action. This requirement is undeniably satisfied in this case, as in the Cramer case. The most famous treason trial, that of Aaron Burr in 1807, ended in acquittal. In 1807, Burr was tried for treason by the United States Circuit Court in Richmond, Virginia. The only physical evidence presented to the grand jury was the so-called letter from General James Wilkinson de Burr, which proposed the idea of stealing land during the Louisiana Purchase.

The trial was presided over by United States Chief Justice John Marshall, who served as a district judge. With no witnesses testifying, Burr was acquitted of Jefferson`s political influence, despite all the force. Immediately thereafter, Burr was charged with a misdemeanor and acquitted again. [48] The federal law defining treason in Australia is set out in section 80.1 of the Criminal Code, which is listed in the Commonwealth Criminal Code Act 1995. [11] It defines treason as follows: In Australia, there are federal and state laws against treason, particularly in the states of New South Wales, South Australia and Victoria. Similar to treason laws in the United States, Australian citizens owe allegiance to their sovereign at the federal and state levels.

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