Tue . 20 Aug 2020
TR | RU | UK | KK | BE |

Treason in the Republic of Ireland


The crime of treason is defined by Article 39 of the Constitution of Ireland, adopted in 1937, which states:

treason shall consist only in levying war against the State, or assisting any State or person or inciting or conspiring with any person to levy war against the State, or attempting by force of arms or other violent means to overthrow the organs of government established by the Constitution, or taking part or being concerned in or inciting or conspiring with any person to make or to take part or be concerned in any such attempt

Contents

  • 1 History to 1937
  • 2 Developments since 1937
  • 3 References
  • 4 See also

History to 1937

Before the 1921 treaty that led to the creation of the Irish Free State Saorstát Éireann, treason was governed under the laws of the United Kingdom of Great Britain and Ireland Many historical Irish nationalist insurgents executed for high treason against the Crown of the United Kingdom or of the earlier Kingdom of Ireland are considered heroes in independent Ireland

Section 11 of the Treasonable Offences Act 1925 enacted under the 1922 Constitution defined treason as:

a levying war against Saorstát Éireann, or b assisting any state or person engaged in levying war against Saorstát Éireann, or c conspiring with any person other than his or her wife or husband or inciting any person to levy war against Saorstát Éireann, or d attempting or taking part or being concerned in an attempt to overthrow by force of arms or other violent means the Government of Saorstát Éireann as established by or under the Constitution, or e conspiring with any person other than his or her wife or husband or inciting any person to make or to take part or be concerned in any such attempt

The maximum punishment was death The Act also defined the offences of misprision of treason and of encouraging, harbouring, or comforting any person engaged in levying Saorstát Éireann or engaged, taking part, or concerned in any attempt to overthrow by force of arms or other violent means the Government of Saorstát Éireann as established by or under the Constitution of 1922 The Treasonable Offences Act 1925 was the first comprehensive and permanent measure designed to deal with offences against the state Section 3 reenacted portions of the Treason Felony Act 1848, while sections 4 and 5 dealt, respectively, with the usurpation of executive authority and assemblies pretending to parliamentary functions Section 6 prohibited the formation of pretended military or police forces and section 7 proscribed unauthorised drilling

The Irish Civil War had been fought in 1922–23 between the Free State Army and the "Irregulars" of the Irish Republican Army IRA loyal to the Irish Republic proclaimed in 1919 The republicans continued to refuse to recognise the Free State and its successor state A large minority of the populace had some sympathy with their views, such that the state demurred from prosecuting them for treason Although the Garda Síochána prosecuted a number of persons under section 11d in 1925 and 1926, the Minister for Justice, Kevin O'Higgins, believed that such serious charges were not 'desirable in the present conditions' Rather more bluntly, in March 1930 Eoin O'Duffy, the Garda Commissioner, wrote that the prospect of charging IRA members with 'levying war against the State' or with usurping executive authority would make a 'laughing stock' of the Gardaí Republicans were prosecuted for lesser offences under the Offences against the State Acts 1939–1998

Developments since 1937

The 1937 constitution's definition of treason was influenced by Article Three of the United States Constitution The pre-independence statutes relating to treason were not explicitly abolished until the Statute Law Revision Act 1983, but were incompatible with the 1937 constitution The Treason Act 1939 gave legislative effect to Article 39, and provided for the imposition of the death penalty on persons convicted of committing treason within the state and on citizens convicted of committing treason against Ireland outside of the state The Act also created the ancillary offences of encouraging, harbouring and comforting persons guilty of treason, and the offence of misprision of treason No person has been charged under this Act The Criminal Justice Act 1964 abolished capital punishment in the Republic of Ireland generally, but retained it for treason and several other crimes The Criminal Justice Act 1990 abolished the death penalty completely and set the punishment for treason at life imprisonment, with parole in not less than forty years

The 1996 report of the Constitution Review Group considered the case for removing or altering the definition of treason in Article 39, and recommended no change In 2010, in the context of the Irish financial crisis, the Green Party introduced a private member's bill to define the crime of "economic treason" in the Constitution

References

  1. ^ Constitution of Ireland Department of the Taoiseach
  2. ^ a b c d e Constitution Review Group 1996 "Trial of Offences" PDF Report Government of Ireland pp 185–186 Archived from the original PDF on 21 July 2011 Retrieved 17 October 2011 
  3. ^ a b Treasonable Offences Act 1925 Irish Statute Book
  4. ^ Statute Law Revision Act 1983 Irish Statute Book
  5. ^ a b Treason Act 1939 Irish Statute Book
  6. ^ Section 1 of Criminal Justice Act, 1964 Irish Statute Book
  7. ^ Criminal Justice Act, 1990 Irish Statute Book
  8. ^ Twenty-Ninth Amendment of the Constitution Bill 2011 PMB Oireachtas

See also

  • Irish republican legitimatism
  • Capital punishment in the Republic of Ireland
  • High treason in the United Kingdom


Treason in the Republic of Ireland Information about

Treason in the Republic of Ireland


  • user icon

    Treason in the Republic of Ireland beatiful post thanks!

    29.10.2014


Treason in the Republic of Ireland
Treason in the Republic of Ireland
Treason in the Republic of Ireland viewing the topic.
Treason in the Republic of Ireland what, Treason in the Republic of Ireland who, Treason in the Republic of Ireland explanation

There are excerpts from wikipedia on this article and video

Random Posts

Picts

Picts

The Picts were a tribal confederation of peoples who lived in what is today eastern and northern Sco...
Visual prosthesis

Visual prosthesis

A visual prosthesis, often referred to as a bionic eye, is an experimental visual device intended to...
Mini rugby

Mini rugby

Mini rugby, also known as New Image Rugby, is a form of rugby union designed to introduce the sport ...
List of synthetic polymers

List of synthetic polymers

Synthetic polymers are human-made polymers From the utility point of view they can be classified int...