In law, betrayal is a crime that includes some of the more extreme acts of the state or of one's sovereignty. Historically, treason also includes the murder of certain social superiors, such as the murder of a husband by his wife or the wife of an employer. The treachery of a king is known as a high treason and betrayal of the lower boss is a small betrayal. Someone who betrays is known in law as a traitor .
Sometimes, the term traitor has been used as a political nickname, regardless of the act of verifiable betrayal. In a civil war or rebellion, the winners may consider the losers as traitors. Likewise the term "traitors" is used in hot political discussions - usually as a slander against political dissidents, or against powerful officials deemed to have failed to act in the interest of their constituents. In certain cases, as with the DolchstoÃÆ'Ÿlegende (Stab-in-the-back Myth), treason allegations against a large group of people can be a unifying political message. Betrayal is considered different and on many occasions there are separate allegations of "treasonous crime" in many parts of the world.
Video Treason
History
In English law, high treason can be punished by hanging, drawing and cutting (male) or burning at stake (women), although beheading can be replaced by a royal order (usually for nobles and nobles). The punishments were abolished respectively in 1814, 1790 and 1973. The punishment was used by later kings against those who could be called traitors, though most modern jurists would call them excessive. Many of them are now only considered as dissidents.
In the drama of William Shakespeare
Many state laws mention different types of treason. "Crime Related to the Rebellion" is an internal betrayal, and may include a coup d'etat. "Crime Related to Foreign Aggression" is a betrayal of cooperating with foreign aggression positively irrespective of national inside and outside. "Related Crime of Persuasion of Foreign Aggression" is a crime of silently communicating with aliens to cause foreign aggression or threats. Depending on a country, a conspiracy is added to this. In Japan, the application of "Crimes Related to the Rebellion" is considered about the cult of Aum Shinrikyo which led to religious terrorism.
Maps Treason
In individual jurisdictions
Australia
Section 80.1 of the Criminal Code, set out in the 1995 Criminal Procedure Law schedule, defines the following treachery:
Someone committed an offense, called a makar, if the person:
- (a) cause the death of Sovereign, the heir of the Sovereign, the consort of the Sovereign, the Governor-General or the Prime Minister; or
- (b) cause damages to the Sovereign, the Governor-General or the Prime Minister resulting in the death of the Sovereign, the Governor-General or the Prime Minister; or
- (c) cause damages to the Sovereign, the Governor-General or the Prime Minister, or to imprison or detain the Sovereign, the Governor-General or the Prime Minister; or
- (d) collect war, or make any preparations to collect war, against the Commonwealth; or
- (e) engage in helpful behaviors in any way, with the intent to assist, the enemy:
- (i) fighting the Commonwealth, whether the existence of a state of war has been stated; and
- (ii) determined by the Proclamation made for the purpose of this paragraph to be an enemy in the war with the Commonwealth; or
- (f) engage in helpful behaviors in any way, with the intention of assisting:
- (i) other countries; or
- (ii) an organization;
- involved in armed combat against the Australian Defense Force; or
- (g) incitement to a non-Australian citizen to commit armed invasion of the Commonwealth or Commonwealth Territory; or
- (h) establish the intention to perform any of the actions mentioned in the preceding paragraph and manifest the intentions with tangible action.
An individual is not guilty of betrayal under paragraphs (e), (f) or (h) if such assistance or assistance is purely humanitarian.
The only punishment allowed for betrayal is life imprisonment. Section 24AA of the Crimes Act 1914 creates a breach of treason.
New South Wales
The Treason Act 1351, the Treason Act 1795 and the Treason Act of 1817 are part of New South Wales law. The Treason Act 1795 and the Treason Act of 1817 have been repealed by Section 11 of the 1900 Criminal Code, except as far as the compass is concerned, imagining, creating, planning or intending death or destruction, or physical damage that tends to death or destruction, , or injure, imprison, or arrest the heirs and successors of King George III of the United Kingdom, and declare, express, or declare such sympathy, imagination, invention, device or intention, or any of them.
Section 12 of the Crimes Act 1900 (NSW) creates an offense that comes from part 3 of the Treason Felony Act 1848:
12 Completed deposition etc. of Sovereign - Overawing Parliament, etc.
Whoever, in New South Wales or without, compasses, imagines, creates, designs, or intends to deprive or overthrow our Most Gracious, Queen, heir or successor, of the style, honor, or name of the Kingdom of the Empire of the British Empire, or the state and the power of the other Emperor, or to collect wars against His Holiness, his heirs or successors, in any part of the British Empire, or any other emperor's territory, in order, by force or limitation, to compel him or them to change him or to take any force or obstacle, or to intimidate or astonish either the House or the House of the Parliament of the United Kingdom, or the Parliament of New South Wales, or to move or move foreigners or foreigners with the power to attack the British Empire, or else from the authority of the Majesty, or the countries under the obedience of His Holiness, his heirs or successors, and declare, utter, or declare the compas the singing, imagination, invention, device, or intention, or whatever, by publishing any print or writing, or by opening and suggesting speech , or with any actual action or action, shall be subject to 25 years imprisonment.
Section 16 states that nothing in Section 2 shall reproduce or affect anything imposed by the Act of Treason 1351 (25 Ed. 3 c 2). This section reproduces section 6 of the Treason Felony Act of 1848.
Victoria
The offense of betrayal was created by section 9A (1) of the Crime Act Act 1958.
Brazil
Under Brazilian law, treason is a crime of disloyalty by a citizen to the Federal Republic of Brazil, which applies to Brazilian military combatant combatants. Betrayal during wartime is the only crime in which a person can be sentenced to death (see death penalty in Brazil) .
The only military man in Brazilian history who was convicted of treason was Carlos Lamarca, an army captain who did not want to be a communist-terrorist guerrilla leader against the military government.
Canada
Section 46 of the Criminal Code has two levels of treason, called "high treason" and "treason." However, both belong to the historical category of high treason, as opposed to a small betrayal that is not in Canadian law. Section 46 reads as follows:
High betrayal
(1) Everyone commits high treason which, in Canada,
- (a) killing or attempting to kill Your Majesty, or did he harm his body intentionally to death or destruction, injure or injure, or imprison or detain him;
- (b) pick up a war against Canada or make any arrangements for it; or
- (c) assisting enemies who fought with Canada, or an armed force against the Canadian Forces involved in hostilities, whether or not there was a state of war between Canada and a country of strength.
Betrayal
(2) Everyone commits a betrayal which, in Canada,
- (a) use force or violence for the purpose of overthrowing the Canadian or provincial government;
- (b) without any legitimate authority, communicating or making available to a state agency other than Canada, military or scientific information or sketches, plans, models, articles, records or documents of military or scientific character which he knows or should know may be used by that country for the purpose of harming Canada's safety or defense;
- (c) conspire with anyone to commit high treason or to do whatever is mentioned in paragraph (a);
- (d) establishes an intention to do something treacherous or mentioned in paragraph (a) and manifests the intention by concrete action; or
- (e) conspires with anyone to do whatever is mentioned in paragraph (b) or establishes an intention to do whatever is mentioned in paragraph (b) and manifests that intention by concrete action.
It is also illegal for Canadian citizens or people who owe loyalty to His Excellency on the right of Canada to do the above outside of Canada.
The penalty for high treason is a life imprisonment. The penalty for betrayal is imprisonment up to maximum life, or up to 14 years to perform under paragraph (2) (b) or (e) in a peaceful time.
Finnish
Finnish law distinguishes between two types of treason infringement: maanpetos , betrayal in the war, and valtiopetos , an attack on the constitutional order. The terms maanpetos and valtiopetos are unofficially translated as treason and high treason, respectively. Both are sentenced to imprisonment, and if aggravated, by imprisonment for life.
Maanpetos consists in joining enemy armed forces, fighting against Finland, or serving or collaborating with the enemy. Maanpetos can only be done under conditions of war or threat of war. Espionage, disclosure of national secrets, and several other related violations are separately defined under the same rubric in the Finnish criminal code.
Valtiopetos consists of violence or threat of violence, or unconstitutional means, to overthrow the Finnish constitution or to overthrow the president, cabinet or parliament or to prevent them from performing their functions.
French
Article 411-1 of the French Criminal Code defines treason as follows:
The acts defined by chapters 411-2 through 411-11 are treason in which they are committed by a French citizen or a soldier in the service of France, and constitute espionage in which they are committed by others.
Article 411-2 prohibits "to surrender troops belonging to French armed forces, or all or any part of national territory, to foreign powers, to foreign organizations or to organizations under foreign control, or to their agents". It could be sentenced to life imprisonment and a fine of EUR750,000. Generally parole is not available until 18 years of life sentence has passed.
Articles 411-3 to 411-10 define other crimes of co-operation with the enemy, sabotage, and the like. This can be punished with imprisonment between seven and 30 years. Article 411-11 makes it a crime to incite one of the above crimes.
In addition to treason and espionage, there are many other crimes related to national security, insurrection, terrorism and so on. These can all be found in Book IV code.
Hong Kong
Part 2 of the Criminal Code provides that taking up the war against the HKSAR Government of the People's Republic of China, conspiring to do so, inciting foreigners to attack Hong Kong, or helping public enemies who fought with the HKSAR Government, is treason, punishable by life imprisonment.
German
German law distinguishes between two types of betrayal: "High treason" ( Hochverrat ) and "treason" ( Landesverrat ). High treason, as defined in Section 81 of the German criminal law, is defined as a violent attempt to establish the constitutional order of the Federal Republic of Germany, carrying a life imprisonment or a fixed period of at least ten years. In less serious cases, the sentence is 1-10 years in prison. German criminal law also criminalizes high treason against the German state. The preparation of both crimes is criminal and carries a penalty of up to five years.
Another type of betrayal, Landesverrat is defined in Section 94. This is roughly equivalent to espionage; rather, it is a secret betrayal either directly to a foreign power, or to anyone not allowed to know it; in the latter case, treason is only made if the purpose of the crime explicitly damages the Federal Republic or supports foreign powers. The crime carries a sentence of one to fifteen years in prison. However, in very serious cases, life imprisonment or a period of at least five years may be punishable.
As for many crimes with substantial threats of active penalty of repentance should be considered in mitigation under the StGB §8383a (Section 83a, KUHPid).
The important case involving Landesverrat was the trial of WeltbÃÆ'hne during the Weimar Republic and the 1962 Spiegel scandal. On July 30, 2015, Germany's General Prosecutor General Harald Range commenced a criminal investigation against German blog netzpolitik.org.
ireland
Article 39 of the Irish Constitution (adopted in 1937) states:
betrayal will only consist of imposing war on the State, or assisting the State or any other person or inciting or conspiring with anyone to collect war against the State, or attempting with the force of a weapon or other form of violence to overthrow government organs established by the Constitution, or take part or concerned in or incite or conspire with anyone to make or take part or worry in any attempt.
After the entry into force of the 1937 Constitution, the Betrayal Act of 1939 was provided for the imposition of the death penalty for treason. The Criminal Justice Act of 1990 abolished the death penalty, imposing penalty for treason in prison for life, with parole not less than forty years. No one is charged under the Betrayal Act. Republic of Ireland republics who refuse to recognize the legitimacy of the Republic of Ireland have been charged with a lesser crime under Violations of State Law 1939-1998.
Italy
Italian law defines various types of crimes that can generally be described as treason (tradimento), even though they are so numerous and appropriately defined that none of them are merely called tradimento > in the text Codice Penale (Italian Violation Code). Crimes of the type of betrayal are grouped as "crimes against the personality of the State" ( Crimini contro la personalitÃÆ' dello Stato ) in Book Two, First Title, Criminal Code.
Articles 241 to 274 detail the crimes against "the international personality of the State" as "the fight against the wholeness, independence and unity of the State" (art.244), "hostility against a foreign State carrying the State of Italy in danger of war" (art.244), "bribery a citizen by a foreigner against a national interest "(art.246), and" political or military espionage "(art.257).
Articles 276 to 292 detail the crimes against "the domestic personality of the State", starting from "the efforts of the President of the Republic" (article 271), "attempts with terrorist or subversion objectives" (article.280), "countering the Constitution" (art.283) , "armed rebellion against the power of the State" (art.284), and "civil war" (art.286).
The article further details other crimes, particularly conspiracies, such as "political conspiracy through association" (art.305), or "armed association: creating and participating" (art.306).
The penalties for treason-type crimes, prior to 1948, included death as maximum punishment, and, for some crimes, as the only possible punishment. Currently the maximum sentence is life imprisonment ( ergastolo ).
Japanese
Japan technically has no legal betrayal. On the contrary, it has a violation of taking part in foreign aggression against the Japanese state ( gaikan zai ; literally "crime of foreign delinquency"). The law applies equally to Japanese and non-Japanese, while treason in other countries usually applies only to their own citizens. Technically there are two laws, one for crimes inviting foreign delinquency (Japanese Criminal Code part 2 verse 81) and the other to support foreign delinquency after foreign forces attack Japan. "Mischief" can be anything from an invasion to espionage. Before World War II, Japan had a crime similar to the British crimes of high treason ( Taigyaku zai ), applied to anyone who injured the emperor of Japan or the imperial family. This law was abolished by the American Occupied Army after World War II.
New Zealand
New Zealand has a law enforcement regulation under the Criminal Code of 1961. Article 73 of the Criminal Law reads as follows:
Anyone who owes allegiance to His Royal Highness to the right of New Zealand betrays that, inside or outside New Zealand, -
- (a) Kill or injure or injure a painful body for Your Majesty the Queen, or imprison or hold her; or
- (b) Forced war against New Zealand; or
- (c) Helping enemy fighters with New Zealand, or any armed forces against New Zealand troops involved in hostilities, whether or not there is a state of war between New Zealand and any other country; or
- (d) Incite or help anyone with the power to attack New Zealand; or
- (e) Use force for the purpose of overthrowing the New Zealand Government; or
- (f) Collide with anyone to do anything mentioned in this section.
His sentence is life imprisonment, except for conspiracy, where his maximum sentence is 14 years in prison. Betrayal is the last capital crime in New Zealand law, with the death penalty not revoked until 1989, the year after it was removed for murder.
Very few people have been charged with treason in New Zealand and nothing has been charged in recent years.
Russian
Article 275 of the Russian Criminal Code defines treason as "espionage, disclosure of state secrets, or other assistance granted to foreign States, foreign organizations or their representatives in hostile activities to the detriment of the external security of the Russian Federation, perpetrated by a citizen of the Russian Federation." Prison sentences for 12 to 20 years. This is not a capital offense, although the killing and some form of attempted murderous assassination are (although Russia currently has a moratorium on the death penalty). The next section provides further violations of state security, such as armed insurrection and forcible seizure of powers.
Swedish
Swedish treason laws have seen little application in modern times. The most recent case was in 2001. Four teenagers (their names were not reported) were punished for treason after they attacked King Carl XVI Gustaf with a cream cake in September of that year. The leader was fined 100 days' earnings; the other was fined 80 days.
Switzerland
There is no single crime of betrayal in Swiss law; instead, many criminal restrictions apply. Article 265 of the Swiss Criminal Code prohibits "high treason" ( Hochverrat/haute trahison ) as follows:
Anyone who takes action with a hard goal - change the Confederate or Canton Constitution,
- remove the constitutional authority of the state from office or make them unable to exercise their authority,
- separating the Swiss territory from Confederate or territory from the cantons, shall be sentenced to imprisonment of at least one year.
A separate crime is defined in article 267 as "diplomatic treason" ( Diplomatischer Landesverrat/Trahison diplomatique ):
1. Anyone who is known or accessible as confidential, the preservation required for Confederate purposes, to a foreign country or its agent, (...) shall be sentenced to imprisonment of at least one year.
2. Anyone who is known or accessible as confidential, the preservation required for the benefit of the Confederation, to the public, shall be sentenced to imprisonment of up to five years or a monetary penalty.
In 1950, in the context of the Cold War, the following ban "foreign companies against Swiss security" was introduced as article 266 bis :
1 Anyone, for the purpose of inciting or supporting foreign companies directed against Swiss security, making contact with a foreign country or with foreign parties or other foreign organizations or their agents, or making or disseminating untrue information or the tendentious claims ( unwahre oder entstellende Behauptungen/information inexactes ou tendancieuses ), should be punished with up to five years in jail or monetary penalty.
2 In the graves of the case a judge can announce a prison sentence of not less than one year.
The Criminal Code also prohibits, among other acts, the suppression or falsification of legal documents or evidence relevant to Swiss international relations (Article 267, imprisonment of not less than one year) and attacks on Swiss independence and incitement of a war against Switzerland (art. 266, up to life imprisonment).
The Swiss military criminal code contains additional restrictions under the general title "makar", which also applies to civilians, or who in wartime civilians as well (or perhaps by executive decisions are made) subject. This includes espionage or secret transmission to foreign powers (art 86); sabotage (art 86a); "military betrayal", that is, disruptions to the activities of military significance (art 87); acts as franc-tireur (art 88); disruption of military action by disseminating untrue information (article 89); military service against Switzerland by Swiss citizens (art. 90); or provide assistance to the enemy (art 91). The penalties for these crimes vary, but include life sentences in some cases.
Turkish
Betrayal per se is not defined in the Turkish Penal Code. However, the law defines crimes that traditionally belong to the sphere of betrayal, such as working with enemies during wartime. The betrayal was sentenced to life imprisonment.
United Kingdom
British treason laws are wholly legal and have been so since the Treason Act 1351 (25 Edw 3 St. 5 c 2). This law is written in French Norman, but more often quoted in English translation.
The Treasures Act 1351 has undergone several changes, and currently provides four categories of treason infringement, namely:
- "when a man does a compass or imagines the death of our master King, or our mother the Queen or their eldest son and heir";
- "if a man violates a friend of the King, or the eldest daughter of an unmarried King, or wife of the eldest son and heir of the King";
- "if a person wages a retribution against our lord the King in his territory, or obeys to the enemies of the King in his territory, gives them help and comfort in nature, or elsewhere"; and
- "if a man cuts the chancellor, treasurer, or judge of the King from one bench or another, the judge in the eyes, or the judge, and all other judges assigned to hear and decide, are in their place, them ".
Another law, the Treason Act 1702 (1 Anne stat.2 c.21), provides the category of fifth treason, namely:
- "if any person or persons... will attempt to snatch or hinder anyone who will be the next successor to the crown... from succeeding after His Majesty's (long-preserved) Lord's death to the imperial crown of this territory and the territory and territory therein possessed ".
Under the betrayal of Act 1708, the law of betrayal in Scotland is the same as the law in England, except that in Scotland the killing of the Lords of Session and Lords of Justiciary and the forgery of the Great Seal of Scotland remains betrayed under sections 11 and 12 of the Treason Act 1708 respectively, respectively. Betrayal is a matter that is protected by law on Scottish Parliament is prohibited to legalize the law. Two actions of the former Irish Parliament passed in 1537 and 1542 made further treason in force in Northern Ireland.
The penalty for betrayal was changed from death to maximum life imprisonment in 1998 under the Crimes and Disorder Laws. Prior to 1998, the death penalty was mandatory, subject to the prerogative of the government of grace. Since the abolition of the death penalty for murder in 1965, an execution of treason was impossible.
The law of betrayal was used against the Irish rebels before Irish independence. However, temporary IRA members and other militant republican groups are not prosecuted or executed for treason to wage war against the British government during the Problem. They, along with members of the loyalist paramilitary group, were jailed for murder, violent crime or terrorist offenses. William Joyce ("Lord Haw-Haw") was the last person to be executed for treason, in 1946. (Theodore Schurch was executed on the following day for treason, similar crimes, and was the last person to be executed for crimes other than murder in England.)
As to who can do treason, it depends on the idea of ​​ancient loyalty. Thus, all British citizens (but not other Commonwealth citizens) owe loyalty to the Queen on the right of the British Empire wherever they may be, just as Commonwealth citizens and aliens present in Britain at the time of treason (except diplomats and invaders) foreigners), those who hold British passports however, and foreigners who - who live in England and go abroad again - have left families and belongings.
International influence
The Treason Act of 1695 was passed, inter alia, a rule that treason may be proved only in the proceedings by evidence of two witnesses committing the same offense. Nearly a hundred years later this rule was incorporated into the US Constitution, which required two witnesses to the same concrete action. It also imposes a three-year time limit to bring prosecution for treason (except for killing kings), other rules that have been replicated in some common law countries. The Sedition Act 1661 made a betrayal to imprison, arrest or injure the king. Although this law was abolished in the UK in 1998, this law continues to apply in some Commonwealth countries.
United States
In the 1790s, oppositional political parties were new and not fully accepted. Government leaders often regard their opponents as traitors. Historian Ron Chernow reports that Finance Minister Alexander Hamilton and President George Washington "regard many critics who are firing at their government as unfaithful, even traitors, in nature." When an undeclared Quasi-Dec broke out with France in 1797-98, "Hamilton increasingly perceives dissent for betraying and engaging in hyperbole." Furthermore, Jefferson's opposition party behaves in the same way. After 1801, with a peaceful transition within the ruling political party, the rhetoric of "betrayal" against political opponents was reduced.
Federal
To avoid abuse of English law, the scope of the plot is specifically restricted in the Constitution of the United States. Article III, Section 3 reads as follows:
Betrayal of the United States, will only consist of War in their favor, or in obeying their Enemy, giving them Help and Comfort. No Person shall be punished for treason except for the Testimony of two Witnesses against the open Act, or of Recognition in the Open Court.
The Congress shall have the Authority to declare the Penalty of Treason, but no Traitor shall be entitled to Blood Corruption, or the Confiscation except during the Personal Life concerned.
The Constitution itself does not create offenses; only limiting the definition (first paragraph), allowing the United States Congress to create a violation, and limiting any penalty for treason only to the convicted (second paragraph). The crime is prohibited by laws passed by Congress. Therefore, the United States Code at 18 U.S.C.Ã,§ 2381 states:
Anyone, because of loyalty to the United States, picks up a war against them or embraces their enemies, gives them help and comfort in the United States or elsewhere, guilty of treason and will suffer death, or must be jailed for not less than five years and fined under this heading but not less than $ 10,000; and will not be able to hold offices under the United States.
The requirements of the testimony of two witnesses were inherited from the British Treason Act of 1695.
However, Congress has passed a law that creates related offenses punishing behaviors that undermine government or national security, such as incitement in 1798 Alien and Sedition Acts, or espionage and sedition in the 1917 Spying Act, which does not require the testimony of two witnesses and has a definition which is much broader than the Three Articles of the plot. Some of these laws still apply. Some famous spies have been convicted of espionage rather than treason, such as Julius and Ethel Rosenberg.
Historical case
One of America's most famous traitors is Benedict Arnold, whose name is considered to be synonymous with the definition of a traitor because of his collaboration with Britain during the American Revolutionary War. However, this was before the Constitution was written. Arnold became a general in the British Army, who protected him.
Since the Constitution came into force, there were less than 40 federal prosecutions for treason and even less conviction. Some were punished for treason in connection with the Whiskey Rebellion of 1794 but were pardoned by President George Washington.
Duri Trial
The most famous treason trial, that Aaron Burr in 1807, resulted in liberation. In 1807, on charges of treason, Burr was brought before the United States Circuit Court in Richmond, Virginia. The only physical evidence presented to the grand jury is a letter called Wilkinson of Burr, who proposed the idea of ​​stealing land in Louisiana Purchase. The trial was chaired by US Supreme Court Justice John Marshall, acting as a circuit judge. Since no witness testified, Burr was released regardless of the full power of Jefferson's political influence thrown at him. Shortly thereafter, Burr was tried on charges of abuse and was once again released.
Civil War
During the American Civil War, attempted treason was held in Indianapolis against Copperheads for conspiring with the Confederacy against the United States. After the war, the question is whether the United States government will make the charge of treason against the leaders of the Confederate State of America, as many have demanded. Jefferson Davis, president of the Confederation, was indicted and held in jail for two years. The indictment was dropped in 1869 when the political scene changed and perhaps he would be released by a jury in Virginia. When receiving Lee surrendered from the Northern Virginia Army, at Appomattox, in April 1865, General Ulysses S. Grant assured all Confederate soldiers and amnesty blankets, provided they returned home and refrained from further hostility, and then the general other General-generals issue the same amnesty when accepting the Confederate surrender. All Confederate officials received a blanket amnesty issued by President Andrew Johnson as he left office in 1869.
World War II
In 1949 Iva Toguri D'Aquino was convicted of betrayal for the radio broadcast of the war (under the name of "Tokyo Rose") and sentenced to ten years, where he served six. As a result of the witnesses who lie under oath, he was pardoned in 1977.
In 1952 Tomoya Kawakita, a double Japanese American citizen was convicted of treason and sentenced to death for having worked as a translator at the POW camp Japan and has been persecuting American prisoners. He was recognized by former inmates at a department store in 1946 after returning to the United States. The sentence was later converted into life imprisonment and a $ 10,000 fine. He was released and deported in 1963.
Cold War and after
The Cold War sees the talk that often connects treason with support for the Communist-led cause. The most impressive of these comes from Senator Joseph McCarthy, who uses rhetoric about the Democratic Party as guilty of "twenty years of treachery". As elected chairman of the Senate Permanent Investigative Subcommittee, McCarthy also investigates government agencies for Soviet spies (see the Venona project); However, he acts as a political fact finder rather than a prosecutor. The Cold War period did not see prosecution for explicit treason, but there were convictions and even executions for conspiracy to commit espionage on behalf of the Soviet Union, as in the case of Julius and Ethel Rosenberg.
On October 11, 2006, the United States government charged Adam Yahiye Gadahn for a video in which he emerged as a spokesman for al-Qaeda and threatened to attack American soil. He was assassinated on January 19, 2015 in an unmanned drone attack in Waziristan, Pakistan.
Bet against the US state
Most countries have provisions of treason in the constitution or laws similar to those in the US Constitution. The extradition clause specifically defines treason as an extraditable offense.
Thomas Jefferson in 1791 said that any Virginia official working with the Federal Bank of the United States proposed by Alexander Hamilton was guilty of "treason" against the state of Virginia and must be executed. The bank opened and no one was charged.
Some people have been charged for treason at the state level. Thomas Dorr was convicted of treason against the state of Rhode Island for his part in the Dorr Uprising, but was eventually granted amnesty. John Brown was convicted of treason against the Commonwealth of Virginia for his part in an attack on Harpers Ferry, and was hanged. The Mormon prophet, Joseph Smith, was accused of treason against Missouri along with five others, initially before a state military tribunal, but Smith fled to Illinois after his case was transferred to a civil court for trial on charges of treason, murder, robbery and crime others. Smith was later imprisoned for trial on treason charges against Illinois, but was killed by lynch mobs while in jail awaiting trial.
Muslim-majority countries
At the beginning of Islamic history, the only form of betrayal was seen as an attempt to overthrow a just government or wage war against the State. According to Islamic tradition, the prescribed punishment ranges from imprisonment to termination of the limb and death penalty depending on the severity of the crime. However, even in cases of betrayal, one's conversion must be taken into account.
Today, the consensus among the major Islamic schools is that apostasy (abandoning Islam) is considered treacherous and its punishment is death; this is not supported in the Quran but in hadith. The confusion between apostasy and betrayal is almost certainly rooted in the Ridda War, in which a rebel traitor army led by Prophet Musaylima proclaimed himself attempting to destroy the Caliph Abu Bakr.
In the 19th and early 20th centuries, Iranian cleric Sheikh Fazlollah Noori opposed Iran's constitutional Revolution by instigating a revolt against them by issuing fatwas and publishing pamphlets arguing that democracy would bring bad to the state. The new government executed him for treason in 1909.
In Malaysia, it is a betrayal to commit a violation of the Yang di-Pertuan Agong, or to employ or attempt to fight or support a war against the Yang di-Pertuan Agong, the Superintendent or the Speaker. All these offenses can be punished with suspension, which comes from the act of treason of England (as a former British colony, the Malaysian legal system is based on English law).
Algeria
In Algeria, treason is defined as follows:
- try to change the regime or action intended for incitement
- territorial destruction, sabotage of public utilities and the economy
- participation in armed groups or in the insurrectionary movement
Bahrain
In Bahrain, planning to overthrow the regime, collaborating with a hostile and hostile foreign country threatens Emir's life is defined as treason and can be executed. The National Security Act of 1974 is used to destroy disagreements that can be viewed as treason, which is criticized for allowing heavy human rights violations in accordance with Article One:
If there is serious evidence that a person has committed an action, a declaration submitted, an activity carried out, or has engaged in domestic or foreign contact, whose nature is deemed to violate the internal or external security of the State, the national and religious interests of the State, the social system or its economy; or is considered an act of sedition which affects or may affect the existing relationship between the public and the Government, between various State institutions, between classes of society, or between those employed in the enterprise disseminating subversive propaganda or disseminating atheistic principles; The Minister of the Interior may order the arrest of the person, hand it over to one of Bahrain's prisons, search for him, his residence and place of employment, and may take whatever action is deemed necessary to collect evidence and complete the investigation.
The detention period shall not be more than three years. Searching can only be done and the steps set out in the first paragraph can only be taken on the writing of the judiciary.
Palestine
In an area controlled by the Palestinian National Authority, it is a betrayal to provide assistance to Israeli troops without the authorization of the Palestinian Authority or to sell the land to Jews (regardless of citizenship) as well as to non-Jewish Jewish citizens under Palestinian Land Law, as part of the PA's general policy to prevent the expansion of Israeli settlements. Both crimes are serious offenses to be sentenced to death, although the previous provisions have not been imposed since the beginning of effective security cooperation between the Israeli Defense Force, the Israeli Police and the Palestinian National Security Force since the mid-2000s (decades) underneath. the leadership of Prime Minister Salam Fayyad. Similarly, in the Gaza Strip under a Hamas-led government, any cooperation or assistance with Israeli forces during military action can also be put to death.
List of people condemned by country
Related violations
There are a number of other crimes against a state that does not commit treason:
- Apostasy in Islam is considered a betrayal in Islamic beliefs.
- Comparative betrayal drops prosecution for treason with money or money.
- Defection, or leaving the country, is considered in some communist countries (especially during the Cold War) as being unfaithful to the state.
- Espionage or espionage.
- LÃÆ'¨se majestÃÆ'Â Â © insulting the head of state and is a crime in some countries.
- The misprision of treason is a crime consisting of concealment of betrayal.
- incitement incites civil unrest or rebellion, or undermines the government.
- Betrayal, the name of some derivative violations.
- Betrayal of crime, a British offense is tantamount to treason.
See also
- Betrayal
- Constructive betrayal
- LÃÆ'¨se-majestÃÆ' Â ©
- Legal majestas
Term for traitors
Different cultures have evolved various terms for "traitors" or collaborators, often based on historical incidents of betrayal of that culture or people whose names have become a byword for treason.
- Quisling
- Malinchism
- Hanjian
- Jash (term)
- Mir Jafar
- Benedict Arnold
- Judas
References
Further reading
- Elaine Shannon and Ann Blackman, The Spy Next DoorÃ,: The Incredible Secret Life of Robert Philip Hanssen, The Most Destructive Agent of American History, Little, Brown and Company, 2002, ISBNÃ , 0-316-71821-1
- Ben-Judah, Nachman, "Betrayal and Treachery, Beliefs and Loyalty." Westview Press, 2001, ISBNÃ, 0-8133-9776-6
- ÃÆ' â € Å"Longaigh, Seosamh, "Emergency Law in Ireland Independent, 1922-1948", Four Courts Press, Dublin 2006 ISBNÃ, 1-85182-922-9
External links
- British Betrayal Law
- Subcommittee Keep Investigation, Official Site
Source of the article : Wikipedia
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