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    <title>Global South World - Criminal Law</title>
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    <language>en-US</language>
    <description><![CDATA[News, opinion and analysis focused on the Global South and rising nations across the world. Delivered by journalists on the ground in Africa, Asia, Europe and the Americas. From politics and business to technology, science and social issues, Global South World is the first place to come for accurate and trusted information.]]></description>
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      <title>Why El Salvador's new law allows life sentences for children as young as 12</title>
      <link>https://www.globalsouthworld.com/article/bukeles-el-salvador-passes-controversial-law-jailing-12-year-olds-for-life-over-serious-crimes</link>
      <guid isPermaLink="true">https://www.globalsouthworld.com/article/bukeles-el-salvador-passes-controversial-law-jailing-12-year-olds-for-life-over-serious-crimes</guid>
      <pubDate>Sat, 18 Apr 2026 08:07:00 Z</pubDate>
      <description><![CDATA[<h2>What we know</h2>
<h2>What they said</h2>
<p>President Nayib Bukele wrote, “We shall see who supports this amendment, and who will dare to argue that the Constitution should continue to prohibit murderers and rapists from remaining in prison.” UNICEF and the Committee on the Rights of the Child said, “The imposition of life sentences and excessively long detention measures on  children  and adolescents constitute a contradiction of the standards enshrined in the Convention on the Rights of the Child.”</p>
]]></description>
      <source url="https://www.globalsouthworld.com">Global South World</source>
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        <media:title>Bukele’s El Salvador passes controversial law jailing 12-year-olds for life over serious crimes</media:title>
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      <dc:creator><![CDATA[Global South World]]></dc:creator>
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      <title>Ex-Zimbabwe President Mugabe’s son drops bail application in shooting case, turns to plea bargain</title>
      <link>https://www.globalsouthworld.com/article/ex-zimbabwe-president-mugabes-son-drops-bail-application-in-shooting-case-turns-to-plea-bargain</link>
      <guid isPermaLink="true">https://www.globalsouthworld.com/article/ex-zimbabwe-president-mugabes-son-drops-bail-application-in-shooting-case-turns-to-plea-bargain</guid>
      <pubDate>Thu, 12 Mar 2026 13:10:00 Z</pubDate>
      <description><![CDATA[<p>The two appeared in the Alexandra Magistrate’s Court on Wednesday, March 11, where their lawyer, Advocate Laurance Hodes, told the court the defence would no longer proceed with bail,  the Citizen  reports.</p>
<p>“My instructions are not to proceed with the bail applications,” Hodes said, adding that the pair intend to enter plea discussions with the state.</p>
<p>Hodes asked that the matter be transferred back to the regional court to facilitate the negotiations. The state confirmed the arrangement and requested a postponement. The case returns to court on March 17.</p>
<p>Mugabe and Matonhodze were arrested following a shooting at Mugabe’s home in Hyde Park, Johannesburg, on February 19, in which a 23-year-old gardener was seriously injured.</p>
<p>They face charges including attempted  murder , possession of an unlicensed firearm and ammunition, pointing a firearm, and defeating the ends of justice. Mugabe also faces a separate charge of being in South Africa illegally under the Immigration Act.</p>
]]></description>
      <source url="https://www.globalsouthworld.com">Global South World</source>
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        <media:credit role="photographer">Oupa Nkosi</media:credit>
        <media:credit role="provider">REUTERS</media:credit>
        <media:title>Mugabe's son appears in South African court on attempted murder charge</media:title>
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      <dc:creator><![CDATA[Portia Etornam Kornu]]></dc:creator>
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      <title>Why Indonesia’s new criminal procedure code is under scrutiny</title>
      <link>https://www.globalsouthworld.com/article/why-indonesias-new-criminal-procedure-code-is-under-scrutiny</link>
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      <pubDate>Sun, 23 Nov 2025 13:52:01 Z</pubDate>
      <description><![CDATA[<p>The Civil  Society  Coalition for KUHAP Reform has warned that several provisions could enable arbitrary arrests, prompting lawmakers, including Commission III chairman Habiburokhman, to defend the changes as necessary updates to outdated procedures.</p>
<p>The  revised KUHAP  clarifies that police investigators retain primary arrest authority, while civil investigators may only arrest on police orders. The Attorney General’s Office, the Corruption Eradication Commission (KPK) and the Indonesian Navy remain exempt and may act under their own laws. </p>
<p>Arrests must be supported by at least two pieces of evidence, and investigators must provide a suspect with an assignment letter and an arrest warrant detailing the reason for arrest and the alleged  crime . A copy must be given to the suspect’s family or local authorities within 24 hours. Warrant requirements, however, do not apply to suspects caught red-handed, a provision rights groups say could be easily abused.</p>
<p>Indonesia’s Minister of  Human Rights , Natalius Pigai, defended the legislation, saying that “eighty percent of human rights elements” had been incorporated. He said the ministry submitted extensive recommendations during parliamentary discussions and was willing to facilitate further dialogue for those who felt unheard.</p>
<p>But Amnesty International Indonesia has rejected the government’s claims, calling for the revision to be revoked entirely. Deputy Director Wirya Adiwena described the process as opaque and exclusionary, noting that parliament uploaded the final draft less than 24 hours before enactment. “This effectively prevented meaningful engagement with civil society,” he said.</p>
]]></description>
      <source url="https://www.globalsouthworld.com">Global South World</source>
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        <media:credit role="photographer">Ajeng Dinar Ulfiana</media:credit>
        <media:credit role="provider">REUTERS</media:credit>
        <media:title>Indonesia's President Prabowo Subianto gives a speech as he attends the National Hero award ceremony at the Merdeka Palace in Jakarta</media:title>
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      <dc:creator><![CDATA[Portia Etornam Kornu]]></dc:creator>
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      <title>Stronger DUI laws pushed in South Korea after fatal accidents</title>
      <link>https://www.globalsouthworld.com/article/stronger-dui-laws-pushed-in-south-korea-after-fatal-accidents</link>
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      <pubDate>Mon, 17 Nov 2025 11:35:17 Z</pubDate>
      <description><![CDATA[<p>One case on November 2 involved a 58-year-old Japanese woman and her 38-year-old daughter. </p>
<p>They were hit by a car while crossing a junction near Seoul’s Dongdaemun district. The mother died, and the daughter suffered major injuries.</p>
<p>The two had just started a three-day “mother-daughter trip” in South Korea. </p>
<p>Police arrested the driver, a man in his 30s who told officers, “I don’t know how I was driving,” after being apprehended. </p>
<p>Investigators said he had consumed several bottles of shochu, a traditional Japanese hard liquor, and could not recall his actions at the time of the crash.</p>
<p>A similar incident took place on October 25 in Seoul’s Gangnam district, where a Canadian man was fatally struck by a drunk driver. </p>
<p>In both cases, the drivers’ blood alcohol levels exceeded the limit at which a licence would be cancelled.</p>
<p>Official data shows more than 11,000 drunk-driving  accidents  occurred in the country in 2024. </p>
<p>Analysts say lighter sentencing practices may be one reason why such incidents remain high.</p>
<p>South Korean  law  allows for heavy penalties, including long prison terms, for deadly drunk-driving cases. However, sentencing guidelines are far lower in practice, and suspended sentences are common. The rate of repeat offences is also high.</p>
]]></description>
      <source url="https://www.globalsouthworld.com">Global South World</source>
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        <media:credit role="photographer">Kim Soo-hyeon</media:credit>
        <media:credit role="provider">REUTERS</media:credit>
        <media:title>Far-right protesters take part in an anti-China rally on the day of the 2025 Asia-Pacific Economic Cooperation leaders' summit in Gyeongju</media:title>
      </media:content>
      <dc:creator><![CDATA[Logan Zapanta]]></dc:creator>
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      <title>Argentina to reform penal code, lowering age of criminal responsibility to 13: Video</title>
      <link>https://www.globalsouthworld.com/article/argentina-to-reform-penal-code-lowering-age-of-criminal-responsibility-to-13-video</link>
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      <pubDate>Sat, 04 Oct 2025 19:40:14 Z</pubDate>
      <description><![CDATA[<p>Security Minister Patricia Bullrich said the updated code “defends the victims and not the criminals,” introducing tougher penalties for homicide, violent theft, and crimes that have plagued everyday Argentines. “Simple homicide will increase from 10 to 30 years. Aggravated homicides, including killings of teachers,  children , the elderly, and deaths caused by football ultras at mass events, will carry life sentences,” Bullrich said.</p>
<p>The reforms also aim to protect security forces from prosecution when acting  law fully, expanding self-defence to include the fulfilment of duty. Bullrich said this will ensure officers “acting within the framework of the law and Constitution are protected and do not end up as victims.” </p>
<p>The code also introduces up to 15 years in prison for motorcycle thieves who assault or drag victims and tightens penalties for violent street crimes.</p>
<p>President Javier Milei praised the proposals, calling them essential to restoring public order. “If we pass these reforms, those who commit crimes will pay seriously, and good Argentines will live in a safer  society ,” Milei said. “Order is a precondition to make Argentina great again,” he added.</p>
<p>The plan will now be tabled before the National Congress for debate and approval.</p>
]]></description>
      <source url="https://www.globalsouthworld.com">Global South World</source>
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      <dc:creator><![CDATA[Portia Etornam Kornu]]></dc:creator>
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      <title>How ‘I believed she consented’ defence undermines rape cases in South Africa: Video </title>
      <link>https://www.globalsouthworld.com/article/how-i-believed-she-consented-defence-undermines-rape-cases-in-south-africa-video</link>
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      <pubDate>Mon, 29 Sep 2025 11:49:46 Z</pubDate>
      <description><![CDATA[<p>Under the  current law , a suspect can mount a defence simply by arguing, “I believe the victim consented,” shifting the burden on the State to disprove that subjective belief. Courts have accepted this argument in several high-profile and everyday cases, raising alarm among legal advocates and survivors.</p>
<p>In 2006, then Deputy President Jacob Zuma was charged with  raping a 31-year-old woman  known by the pseudonym “Khwezi.” During the trial, the court permitted questions about her sexual history, giving Zuma’s defence room to attack her credibility. The judge ultimately ruled the encounter was consensual and acquitted him, a decision that sparked public outcry about fairness to survivors.</p>
<p>The lacuna lies in how criminal intent is defined under the Act. As currently written, sexual offences defined by lack of consent rely on a subjective test of intent, with no requirement that a mistaken  belief  in consent be “reasonable”.  This means an accused’s assertion, however implausible, may succeed unless the prosecution can exclude it beyond a reasonable doubt.</p>
<p>Into this breach steps The Embrace Project, a civil society organisation in South Africa, fighting for reforms, advocating for the  amendment of the law  that will shift the balance from a legal strategy that exploits survivors’ past towards a prosecution that focuses squarely on the alleged act.</p>
<p>The project is also pushing for special training for judges and prosecutors to safeguard victims’ dignity and privacy.</p>
]]></description>
      <source url="https://www.globalsouthworld.com">Global South World</source>
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        <media:title>SouthAfricaRLaw</media:title>
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      <dc:creator><![CDATA[Padmore Takramah]]></dc:creator>
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      <title>How Malawi is protecting free speech by scrapping its criminal defamation law</title>
      <link>https://www.globalsouthworld.com/article/how-malawi-is-protecting-free-speech-by-scrapping-its-criminal-defamation-law</link>
      <guid isPermaLink="true">https://www.globalsouthworld.com/article/how-malawi-is-protecting-free-speech-by-scrapping-its-criminal-defamation-law</guid>
      <pubDate>Wed, 23 Jul 2025 13:50:46 Z</pubDate>
      <description><![CDATA[<p>The  decision  has been welcomed by free speech campaigners who say it will strengthen democracy and protect public debate.</p>
<p>The Constitutional Court cancelled Section 200 of Malawi’s Penal Code, which allowed the government to press criminal charges against  people  accused of defamation.</p>
<p>A group of three judges said the law went against Malawi’s own Constitution and international agreements on human rights.</p>
<p>The case was brought by political activist Joshua Chisa Mbele after he was charged under the law for making comments about a  government  official.</p>
<p>Mbele argued that the charge violated his right to speak freely, as guaranteed in Malawi’s Constitution.</p>
<p>The judges agreed with him.</p>
<p>They said  in a democratic society, protecting people’s right to speak openly was more important than using criminal law to punish those who may harm someone’s reputation. They added that civil cases, not criminal charges, were the right way to handle such disputes.</p>
<p>“Criminal sanctions, especially imprisonment, carry the risk of being used as tools of intimidation against critics and dissenters,” the Court said.</p>
<p>The ruling brings Malawi in line with a growing number of countries across Africa and the Commonwealth that have removed similar laws.</p>
<p>Experts say these outdated laws are often used to silence journalists, activists and political opponents.</p>
<p>Until now, the law had been used to target people speaking out against government officials. With this ruling, nobody in Malawi can be charged again for criminal defamation.</p>
]]></description>
      <source url="https://www.globalsouthworld.com">Global South World</source>
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        <media:credit role="provider">AI with Dall-E</media:credit>
        <media:title>AI image of a gavel in a court room</media:title>
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      <dc:creator><![CDATA[Wonder Hagan]]></dc:creator>
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      <title>Czech Republic joins global trend as it tightens communism ban</title>
      <link>https://www.globalsouthworld.com/article/czech-republic-joins-global-trend-as-it-tightens-communism-ban</link>
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      <pubDate>Mon, 21 Jul 2025 15:03:34 Z</pubDate>
      <description><![CDATA[<p>Czech Republic on July 17, 2025,  amended its criminal code  to equate the promotion of communism with Nazism. The updated law, signed by President Petr Pavel, enforces penalties of up to five years in prison for promoting totalitarian ideologies, including communist ones. </p>
<p>This places the country among a cluster of nations that now formally criminalise communist ideology, symbols, or parties.</p>
<p>The newly enacted amendment underscores a symbolic reckoning with the country's 20th-century past. The Czech Republic, once part of communist Czechoslovakia until the Velvet Revolution of 1989, has long wrestled with the legacy of communist oppression. </p>
<p>The new  law  bans the public promotion of communist ideologies,  equates it legally with Nazism, which has long been criminalised under European post-WWII jurisprudence and penalises support for any totalitarian regime with up to five years in prison.</p>
<p>This legislative decision mirrors similar laws passed in the region over the last two decades, particularly in Eastern and  Central  Europe, where countries seek to distance themselves from their Soviet past.</p>
<p>The Czech Republic joins a growing list of countries that have already banned or restricted communist ideology, including Poland, Hungary, Ukraine, and the  Baltic states  (Lithuania, Latvia, Estonia).</p>
<p>Each of these countries has laws criminalising the public display of communist symbols or the promotion of communism, often justified by historical trauma and national security concerns.</p>
<p>Georgia and South Korea also cited ideological threats from the past or ongoing geopolitical tensions as grounds for their bans. Indonesia also implements strict censorship and legal penalties on communist ideology since the 1965 anti-communist purge.</p>
<p>Countries such as Croatia and Slovakia also enforce similar legislation, while Germany, the United States, and others formerly banned such symbols but now generally allow them under protected free speech.</p>
]]></description>
      <source url="https://www.globalsouthworld.com">Global South World</source>
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        <media:title>On July 17, 2025, Czech President Petr Pavel signed a criminal code amendment equating the promo (2)</media:title>
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      <dc:creator><![CDATA[Abigail Johnson Boakye]]></dc:creator>
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      <title>Delay in Menendez Brothers' Resentencing Bid Due to Court Disputes</title>
      <link>https://www.globalsouthworld.com/article/delay-in-menendez-brothers-resentencing-bid-due-to-court-disputes</link>
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      <pubDate>Fri, 18 Apr 2025 03:18:47 Z</pubDate>
      <description><![CDATA[<p>The request by Erik and Lyle Menendez for reduced sentences and potential release has been postponed yet again due to ongoing disputes between prosecutors and their legal representatives. A new hearing is scheduled for May 9 in Los Angeles, focusing on the admissibility of risk assessment materials initiated by the state parole board and the continuation of the Los Angeles County district attorney as the prosecuting body in this case.</p>
<p>The Menendez brothers received life sentences without the possibility of parole in 1996 for the murder of their parents, Jose and Kitty Menendez, in 1989. Their defense claimed they acted in self-defense following years of alleged abuse, while prosecutors argued their motivations were tied to inheritance. The high-profile nature of the case has been reignited by  media  productions, including a Netflix drama.</p>
<p>Governor Gavin Newsom’s office recently informed the district attorney that part of a risk assessment related to the siblings had been finalized, prompting prosecutors to seek a postponement to review these documents. This led to confusion in court regarding the context and applicability of the reports. Los Angeles County District Attorney Nathan Hochman indicated the necessity of considering this information for assessing the brothers' potential risks to  society .</p>
<p>The intended hearings aimed to examine whether Erik and Lyle Menendez have rehabilitated sufficiently to warrant a lesser sentence. Former District Attorney George Gascón previously suggested a reduction of their sentences to 50 years with parole eligibility, while their  defense  attorney proposed a motion for reclassification of their charges to manslaughter for immediate release.</p>
<p>Past delays to the hearings occurred due to other logistical issues, including natural disasters and procedural withdrawals by prosecutors. On the day of the  latest  hearing, neither the judge nor the brothers’ lawyers had access to the critical parole report, which sparked intense debate within the courtroom. Judge Michael Jesic expressed frustration, seeking clarity from the governor's office about the report’s contents.</p>
<p>Both brothers observed the proceedings remotely from a San Diego correctional facility, displaying no noted reactions to the courtroom developments. Tensions escalated particularly when Geragos condemned Hochman for releasing comments concerning the parole board's report to the media, announcing his intention to file a motion for Hochman’s removal from the case.</p>
<p>Hochman recently reversed earlier support for the brothers' resentencing, stating their lack of accountability for past deceit during their trial as a factor against their case. Despite these issues, the extended Menendez family has publicly expressed their forgiveness and desire for the brothers' release, while some family members have filed complaints against the prosecution for perceived mistreatment and lack of sensitivity.</p>
<p>A last hearing provoked significant outcry when prosecutors displayed a crime scene photo unexpectedly, leading to assertions of disrespect from family representatives. While Balian acknowledged the mistake, he emphasized the crimes committed by the Menendez brothers as the source of such distress.</p>
]]></description>
      <source url="https://www.globalsouthworld.com">Global South World</source>
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        <media:credit role="photographer">Daniel Cole</media:credit>
        <media:credit role="provider">REUTERS</media:credit>
        <media:title>Resentencing hearing in the case of Erik and Lyle Menendez in Los Angeles</media:title>
      </media:content>
      <dc:creator><![CDATA[Lucía Aliaga]]></dc:creator>
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      <title>Debate spirals over ant trafficking in Kenya as suspects plead guilty in landmark biopiracy case</title>
      <link>https://www.globalsouthworld.com/article/debate-spirals-over-ant-trafficking-in-kenya-as-suspects-plead-guilty-in-landmark-biopiracy-case</link>
      <guid isPermaLink="true">https://www.globalsouthworld.com/article/debate-spirals-over-ant-trafficking-in-kenya-as-suspects-plead-guilty-in-landmark-biopiracy-case</guid>
      <pubDate>Wed, 16 Apr 2025 19:35:00 Z</pubDate>
      <description><![CDATA[<p>Appearing before Senior Principal Magistrate Njeri Thuku at the Jomo Kenyatta  International  Airport (JKIA) Law Courts, the accused were charged with the unlawful possession and trafficking of live wildlife. </p>
<p>Their arrest sparked debates over Kenya’s fight against biopiracy and the exploitation of the country’s genetic resources.</p>
<p>The suspects were apprehended after authorities intercepted live queen ants hidden in specially modified test tubes and syringes at JKIA. </p>
<p>"Investigations revealed that the test tubes had been designed to sustain the ants for up to two months and evade airport security detection, including X-ray scanners. Cotton wool was used to maintain the ants' survival during transit, indicating a premeditated and well-executed trafficking operation," the Kenyan  Wildlife  Service noted in a statement.</p>
<p>According to investigators, the accused entered Kenya on tourist visas and planned to smuggle the ants to exotic pet markets in  Europe  and Asia, where there is growing demand for rare insect species. </p>
<p>Messor cephalotes, in particular, is prized among collectors for its sophisticated colony-building behavior and pest control capabilities, making it a popular feature in formicariums - artificial ant habitats.</p>
<p>The illegal export of Kenya’s ant species violates both national legislation and international agreements, including the Nagoya Protocol on Access and Benefit-Sharing, which mandates prior informed consent for the use of a country’s genetic resources.</p>
]]></description>
      <source url="https://www.globalsouthworld.com">Global South World</source>
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        <media:credit role="provider">Kenya Wildlife Service</media:credit>
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      <dc:creator><![CDATA[Portia Etornam Kornu]]></dc:creator>
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